Malaysia legislation

Section 63

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

Section 63

(2)

For the purposes of subsection (1), a person shall be treated as if he had absconded in connection with a serious offence if, before or after the commencement date—

Anti-Money Laundering, Anti-Terrorism 97

Financing and Proceeds of Unlawful

Activities

(a)

an investigation for a serious offence has been commenced against the person; and

(b)

the person—

(i)

dies before proceedings in respect of the offence were instituted, or if such proceedings were instituted, the person dies before he is convicted of the offence;

(ii)

cannot be found or apprehended by the enforcement agency after reasonable effort to do so at the end of a period of six months from the date on which the investigation referred to in paragraph (a) was commenced;

(iii)

evades an enforcement agency;

(iv)

has been charged with a serious offence and a warrant of arrest cannot be executed after reasonable effort to do so at the end of a period of six months from the date of issuance of the warrant of arrest; or

(v)

has been charged with a serious offence and cannot be extradited by the enforcement agency after reasonable effort to do so at the end of a period of six months from the date of issuance of the warrant of arrest.

Forfeiture order where person has absconded

Section 63 — ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEEDS OF UNLAWFUL ACTIVITIES ACT 2001