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Part VI · Freezing, Seizure and Forfeiture

66E. Directions, etc., to discharge Government’s international obligations

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(1)

For the purposes of this Part, the competent authority or the regulatory or supervisory authority, as the case may be, may issue any directions, instruction, guideline, circular, standard, notice, specification or requirement to, or impose any condition on, the institutions under their regulation or supervision as the competent authority or the regulatory or supervisory authority considers necessary in order to discharge or facilitate the discharge of any obligation binding on Malaysia by virtue of a decision of the Security

Council of the United Nations.

(2)

An institution to which a directions, instruction, guideline, circular, standard, notice, specification or requirement is issued, or a condition is imposed under subsection (1) shall comply with the directions, instruction, guideline, circular, standard, notice, specification, requirement or condition notwithstanding any other duty imposed on the institution by any rule of law, written law or contract.

(3)

An institution shall not, in carrying out any act in compliance with any directions, instruction, guideline, circular, standard, notice, specification or requirement issued, or any condition imposed under subsection (1), be treated as being in breach of any such rule of law, written law or contract.

(4)

An institution shall not disclose any directions, instruction, guideline, circular, standard, notice, specification or requirement issued, or any condition imposed under subsection (1) if the competent authority or the regulatory or supervisory authority, as the case may be, notify the institution that the competent authority or the regulatory or supervisory authority is of the opinion that such disclosure is against public interest.

(5)

Any institution that—

(a)

fails or refuses to comply with a directions, instruction, guideline, circular, standard, notice, specification or requirement issued to, or condition imposed on, the institution;

106 Laws of Malaysia

(b)

contravenes any directions, instruction, guideline, circular, standard, notice, specification or requirement issued to, or condition imposed on, the institution; or

(c)

discloses a directions, instruction, guideline, circular, standard, notice, specification or requirement issued to, or condition imposed on, the institution in contravention of subsection (4), commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit.

(6)

The competent authority or the regulatory or supervisory authority, as the case may be, shall report to the Minister of Home

Affairs and the Minister of Finance on the action taken under this section every six months or as the respective Minister may require.

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Part VII

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