Malaysia legislation
Section 49
of ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING (AMENDMENT) ACT 2014
Section 49
“Prohibition of dealing with property outside Malaysia
(a)
by substituting for subsection (1) the following subsection:
“(1) Subject to section 61, in any prosecution for an offence under subsection 4(1) or a terrorism financing offence, the court shall make an order for the forfeiture of any property which is proved to be—
(a)
the subject-matter or evidence relating to the commission of such offence;
(b)
terrorist property;
(c)
the proceeds of an unlawful activity; or
(d)
the instrumentalities of an offence, where—
(aa) the offence is proved against the accused;
or
(bb) the offence is not proved against the accused but the court is satisfied that—
(i)
the accused is not the true and lawful owner of such property; and
(ii)
no other person is entitled to the property as a purchaser in good faith for valuable consideration.”;
(b)
in subsection (2)—
(i)
by inserting after the word “disposed of,” the words “diminished in value”; and
(ii)
by substituting for the word “fine” the words “civil debt due to the Government of Malaysia and shall not be subject to any period of limitation prescribed by any written law”; and
Anti-Money Laundering and Anti-Terrorism
Financing (Amendment)
(c)
by substituting for subsection (3) the following subsection:
“(3) In determining whether the property is—
(a)
the subject-matter or evidence relating to the commission of an offence under subsection 4(1) or a terrorism financing offence;
(b)
terrorist property;
(c)
the proceeds of an unlawful activity; or
(d)
the instrumentalities of an offence, the court shall apply the standard of proof required in civil proceedings.”.
Amendment of section 56