Malaysia legislation
Section 66B
Section 66B
Declaration of specified entities
(a)
an entity has knowingly committed, attempted to commit, participated in committing or facilitated the commission of, a terrorist act; or
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(b)
an entity is knowingly acting on behalf of, at the direction of, or in association with, an entity referred to in paragraph (a), the Minister of Home Affairs may, by order published in the Gazette, declare the entity to be a specified entity.
(2)
In making an order under subsection (1), the Minister of Home
Affairs may, for the purpose of facilitating the implementation of the order, consult with the relevant regulatory or supervisory authority or such other body or agency as the Minister of Home Affairs considers appropriate.
(3)
Where an order under subsection (1) has been made—
(a)
no citizen of Malaysia and no body corporate incorporated in Malaysia shall within or outside Malaysia knowingly provide or collect by any means, directly or indirectly, property with the intention that the property be used, or in the knowledge that the property is to be used, by a specified entity;
(b)
no citizen of Malaysia and no body corporate incorporated in Malaysia shall within or outside Malaysia knowingly—
(i)
deal, directly or indirectly, in any property of a specified entity, including funds derived or generated from property owned or controlled directly or indirectly by that entity;
(ii)
enter into or facilitate, directly or indirectly, any transaction related to a dealing referred to in subparagraph (i);
(iii)
provide any financial or other related service in respect of the property referred to in subparagraph
(i)
; or
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(iv)
make available any property or any financial or other related service, directly or indirectly, for the benefit of a specified entity;
(c)
no citizen of Malaysia and no body corporate incorporated in Malaysia shall within or outside Malaysia knowingly do anything that causes, assists or promotes, or is intended to cause, assists or promote, any activity prohibited by paragraph (a) or (b);
(d)
every citizen of Malaysia and every body corporate incorporated in Malaysia shall disclose immediately to the
Inspector General of Police—
(i)
the existence of property in their possession or control that they have reason to believe is owned or controlled by or on behalf of a specified entity; and
(ii)
information about a transaction or proposed transaction in respect of property referred to in subparagraph (i).
(4)
Any person who contravenes subsection (3) 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.
(5)
Where an order under subsection (1) has been made, all secured and unsecured rights and interests held by a person, other than a specified entity or his agent, in the frozen property are entitled to the same ranking as they would have been entitled to had the property not been frozen.
(6)
A specified entity may, within sixty days of publication of the order in the Gazette, make an application in writing to the Minister of home Affairs for the revocation of the order made under subsection (1), or deemed under section 66C to have been made, in respect of that entity.
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(7)
If, on an application made under subsection (6), the Minister of
Home Affairs—
(a)
decides that there are reasonable grounds for the revocation of the order, the Minister of Home Affairs shall revoke the order and publish an order of revocation in the
Gazette; or
(b)
decides that there are no reasonable grounds for the revocation of the order, the Minister of Home Affairs shall refuse the application and shall, within sixty days of receipt of the application, inform the applicant of his decision.
(8)
The decision of the Minister of Home Affairs under subsection (7) shall be final.
(9)
Unless sooner revoked under paragraph 7(a), the Minister of
Home Affairs shall review the orders made under subsection (1) every six months to determine whether there are still reasonable grounds, as set out in subsection (1), for any such order to continue to apply to a specified entity, and if the Minister of Home Affairs determines that there are no such reasonable grounds, he shall immediately revoke the order made under subsection (1) in respect of that specified entity.
(10)
An order under this section shall not apply to funds and other financial assets or economic resources or any part of such funds, assets or resources that have been determined by the Minister of Home
Affairs to be—
(a)
necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, or exclusively for the payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources; or
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(b)
necessary for extraordinary expenses approved by the
Minister of Home Affairs, and where such order has been made in relation to such funds, financial assets or economic resources or any part thereof, the Minister of Home
Affairs may, subject to such terms and conditions as he considers appropriate, vary such order and authorize access to such funds, assets or resources.
(11)
Where an order under subsection (1) has been made, the
Minister of Home Affairs shall direct the relevant regulatory or supervisory authority to issue such orders, directives or circulars to the institutions it regulates or supervises to facilitate the implementation of the order and the relevant regulatory or supervisory authority shall comply with such direction.
Orders for implementation of measures to give effect to Security
Council resolutions