Malaysia legislation

Section 5

of *ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001

Section 5

(1)

Where a person discloses to an enforcement agency his knowledge or belief that any property is derived from or used in connection with a money laundering offence or any matter on which such knowledge or belief is based—

(a)

If he does any act in contravention of subsection 4(1) and the disclosure relates to the arrangement concerned, he does not commit an offence under that subsection if the disclosure is made—

(i)

before he does the act concerned, being an act done with the consent of the enforcement agency; or

(ii)

after he does the act, but the disclosure is made on his initiative and as soon as it is reasonable for him to make it;

22 Laws of Malaysia

(b)

notwithstanding any other written law, the disclosure shall not be treated as a breach of any restriction on the disclosure of information imposed by any law, contract or rules of professional conduct; and

(c)

he shall not be liable for damages for any loss arising out of—

(i)

the disclosure; or

(ii)

any act done or omitted to be done in relation to the property in consequence of the disclosure.

(2)

Where any information relating to an offence under this Act is received by an officer of the competent authority or reporting institution, the information and the identity of the person giving the information shall be secret between the officer and that person and everything contained in such information, the identity of that person and all other circumstances relating to the information, including the place where it was given, shall not be disclosed except for the purposes of subsection 8(1) or section 14.

(3)

Any person who knowingly discloses any false information under this section commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years and to a fine not exceeding one million ringgit.

Restriction on revealing disclosure under section 5

Section 5 — ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001