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Section 37

Order not to part with, deal in, movable property in financial institution, etc.

of Malaysian Anti-Corruption Commission Act 2009

ActIn forceProvision 37 of 74
Section 37
(1)

Where the Public Prosecutor is satisfied on information given to him by an officer of the Commission that any movable property, including any monetary instrument or any accretion thereto, which is the subject matter of an offence under this Act or evidence in relation to the commission of such offence, is in the possession, custody or control of a financial institution, he may, notwithstanding any other written law or rule of law, by order direct the financial institution not to part with, deal in, or otherwise dispose of such property or any part thereof until the order is revoked or varied.

(1a)

An officer of the Commission shall forthwith notify Bank

Negara Malaysia, the Securities Commission or the Labuan

Financial Services Authority, as the case may be, of any order made under subsection (1).

Malaysian Anti-Corruption Commission 47

(2)

A financial institution or any agent or employee of a financial institution shall not, on account of such compliance, be liable to any prosecution under or by virtue of any law or to any proceeding or claim by any person under or by virtue of any law or under or by virtue of any contract, agreement, or arrangement, or otherwise.

(3)

A person who fails to comply with an order of the Public

Prosecutor under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two times the amount which was paid out in contravention of the Public Prosecutor’s order or fifty thousand ringgit, whichever is the higher, and to imprisonment for a term not exceeding two years.