Malaysia legislation
Section 49
Section 49
(a)
any person suspected of having committed such offence;
(b)
any relative or associate of the person referred to in paragraph (a); or
(c)
any other person whom the Public Prosecutor has reasonable grounds to believe is able to assist in the investigation, to furnish a statement in writing on oath or affirmation—
(aa) identifying every property, whether movable or immovable, whether in or outside Malaysia, belonging to him or in his possession, or in which he has any interest, whether legal or equitable, and specifying the date on which each of the properties so identified was acquired and the manner in which it was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;
(bb) identifying every property sent out of Malaysia by him or on his behalf during such period as may be specified in the notice;
78 Laws of Malaysia
(cc)
setting out the estimated value and location of each of the properties identified under paragraphs (aa) and
(bb), and if any of such properties cannot be located, the reason for it;
(dd)
stating in respect of each of the properties identified under paragraphs (aa) and (bb) whether the property is held by him or by any other person on his behalf, whether it has been transferred, sold to, or kept with any person, whether it has been diminished in value since its acquisition by him, and whether it has been commingled with other property which cannot be separated or divided without difficulty;
(ee) setting out all other information relating to his property, business, travel, or other activities as may be specified in the notice; and
(ff) setting out all his sources of income, earnings or property.
(1A)
In addition, if the Public Prosecutor is satisfied on information given to him by an investigating officer that it is necessary for the purpose of any investigation under this Act, the Public
Prosecutor may by written notice require any person to furnish any information which in the opinion of the Public Prosecutor will be useful for or relevant to an investigation under this Act within such time as he may specify in relation to any person, question or matter.
(2)
An officer of any financial institution, or any person who is in any manner or to any extent responsible for the management and control of the affairs of any financial institution, shall furnish a copy of all accounts, books, documents or information relating to any person to whom a notice may be issued under this section.
(3)
Every person to whom a notice is sent by the Public Prosecutor under this section shall, notwithstanding any law or rule of law to the contrary, comply with the terms of the notice within such time as may be specified in the notice, and any person who wilfully neglects or fails
Anti-Money Laundering, Anti-Terrorism 79
Financing and Proceeds of Unlawful
Activities to comply with the terms of the notice commits an offence and shall, on conviction, be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both, and, in the case of a continuing offence, shall in addition be liable to a fine not exceeding three thousand ringgit for each day or part thereof during which the offence continues to be committed.
(4)
Every person to whom a notice is sent by the Public Prosecutor under this section shall be legally bound to furnish such information to the Public Prosecutor within the time specified in the notice and to state the truth and shall disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him.
(5)
Where any person discloses any information or produces any accounts, books, documents or information in response to a notice under this section, such person, his agent or employee, or any other person acting on his behalf or under his direction, shall not, by reason only of such disclosure or production, be liable to prosecution for any offence under any law, or to any proceedings or claim by any person under any law or under any contract, agreement or arrangement, or otherwise.
(6)
Subsection (5) shall not bar, prevent or prohibit the institution of any prosecution for any offence as provided by this section or the giving of false information in relation to any statement on oath or affirmation furnished to the Public Prosecutor pursuant to this section.
Seizure of movable property in financial institution