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Part VI · Freezing, Seizure and Forfeiture

66B. Declaration of specified entities

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(1)

Where the Minister of Home Affairs is satisfied on information given to him by a police officer that—

(a)

an entity has knowingly committed, attempted to commit, participated in committing or facilitated the commission of, a terrorist act; or

(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 competent authority or the regulatory or supervisory authority, as the case may be, or such other body or agency as the Minister of Home Affairs considers appropriate.

*NOTE—Definition of “relevant regulatory or supervisory authority” has been deleted by Act A1761.

100 Laws of Malaysia

(3)

Where an order under subsection (1) has been made—

(a)

no person 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 person 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

(iv)

make available any property or any financial or other related service, directly or indirectly, for the benefit of a specified entity;

(c)

no person 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 person shall disclose immediately to the Inspector

General of Police—

(i)

the existence of property in his possession or control that he has 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).

Anti-Money Laundering, Anti-Terrorism 101

Financing, Anti-Restricted Activity Financing and Proceeds of Unlawful Activities

(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.

(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.

102 Laws of Malaysia

(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

(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 competent authority or the regulatory or supervisory authority, as the case may be, to issue such orders, directives or circulars to the institutions it regulates or supervises to facilitate the implementation of the order and the competent authority or the regulatory or supervisory authority shall comply with such direction.

Report

Part VII

Miscellaneous

Schedules