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Maltese Laws |
PREVENTION OF MONEY LAUNDERING ACT
To make provision for the prevention and prohibition of the laundering of money in Malta.
23rd September, 1994
ACT XIX of 1994 as amended by: Act II of 1998; Legal Notice 71 of
1999; Acts XXXI of 2001, III of 2002, and III and XIII of 2004; Legal
Notice 176 of 2005; Acts VI of 2005 and XIV of 2006; Legal Notice 425 of
2007; Act XXXI of 2007; Legal Notice 105 of 2008; and Act VII of 2010.
Laundering Act.
"criminal activity" means any activity, whenever or wherever carried out , which, un der the la w of Malta or any other
law, amounts to:
(a) a crime or crimes specified in Article 3 (1) (a) of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances adopted on the 19th December
1988 in Vienna reproduced (in the English language only) in the First Schedule to this Act; or
(b) one of the offences listed in the Second Schedule to this Act;
"Minister" means the Minister responsible for finance; "money laundering" means -
(i) the conversion or transfer of property knowing or suspecting that such property is derived directly or indirectly
from, or the proceeds of, criminal activity or from an act or acts of participation in criminal activity, for the purpose
of or purposes of concealing or disguising the origin of the property or of assisting any person or persons involved or concerned
in criminal activity;
(ii) the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect of, in or
over, or ownership of property, knowing or suspecting that such property is derived directly or indirectly from
criminal activity or from an act or acts of participation in criminal activity;
(iii) the acquisition, possession or use of property knowing or suspecting that the same was derived or originated directly
or indirectly from criminal activity or from an act or acts of participation in
Short title.
Interpretation. Amended by: XXXI. 2001.2; III. 2004.79;
L.N. 425 of 2007; XXXI. 2007.43;
VII. 2010.59.
Cap. 9.
criminal activity;
(iv) retention without reasonable excuse of property knowing or suspecting that the same was derived or originated directly or
indirectly from criminal activity or from an act or acts of participation in criminal activity;
(v) attempting any of the matters or activities defined in the above foregoing sub-paragraphs (i), (ii), (iii)
and (iv) within the meaning of article 41 of the Criminal Code;
(vi) acting as an accomplice within the meaning of article 42 of the Criminal Code in respect of any of the matters or activities defined in the above foregoing sub- paragraphs (i), (ii), (iii), (iv) and (v);
"prescribed" means prescribed by regulations made under this
Act;
"property" means property of every kind, nature and description, whether movable or immovable, tangible or intangible and,
without derogation from the generality of the foregoing, shall include -
(a) any currency, whether or not the same is legal tender in Malta, bills, securities, bonds, negotiable instruments
or any instrument capable of being negotiable including one payable to bearer or endorsed payable to bearer whether
expressed in euro or any other foreign currency;
(b) cash or currency deposits or accounts with any bank, credit or other institution as may be prescribed which carries or has carried
on business in Malta;
(c) cash or items of value including but not limited to works of art or jewellery or precious metals; and
(d) land or any interest therein;
"the Unit" means the unit established by article 15.
(2) (a) A person may be convicted of a money laundering offence under this Act even in the absence of a judicial finding of guilt
in respect of the underlying criminal activity, the existence of which may be established on the basis of circumstantial or other
evidence without it bein g i n cumb en t on the p r osecut i on to p r ov e a conv ictio n in respect o f the u nderlyi ng criminal
activity and withou t it being necessary to establish precisely which underlying activity.
(b) A person can be separately charged and convicted of both a money laundering offence under this Act and of an underlying criminal
activity from which the property or the proceeds, in respect of which he is charged with money laundering, derived.
(c) For the purposes of this subarticle, "underlying criminal activity" refers to the criminal activity from
which the property or other proceeds, which are involved in a money laundering offence under this Act have been directly or
indirectly derived.
PART I
INVESTIGATION AND PROSECUTION OF OFFENCES
3. (1) Any person committing any act of money laundering shall be guilty of an offence and shall, on conviction, be liable to a fi
n e ( mul t a ) no t ex ceedi ng two mi lli on an d thr e e h und red an d twenty-nine thousand and three hundred and seventy-three euro and forty
cents (2,329,373.40), or to imprisonment for a period not exceeding fourteen years, or to both such fine and imprisonment.
(2) Where an offence against the provisions of this Act is com mit ted by a body of persons, whether co rporate
or unincorporate, every person who, at the time of the commission of
the offence, was a dir ector, m anager, secr etary or other similar officer of such body or association, or was purporting to act
in any
such capacity, shall be guilty of that offence unless he proves that the offen ce w a s co mm it ted wi th out h i s k now led g
e an d tha t h e
exercised all due diligence to prevent the commiss i on of the offence.
(2A) (a) Every person charged with an offence against this Act shall be tried in the Criminal Court or before the Court of Magistra te s
(M alta) or the Court of Ma gistrates (Gozo), as the Attorney General may direct, and if he is found guilty shall be liable -
(i) on conviction by the Criminal Court to the punishment of imprisonment for a term of not less than three years but
not exceeding fourteen years, or to a fine (multa) of not less than twenty-three thousand two hundred and ninety- three euro and seventy-three cents (23,293.73) but not exceeding
two million three hundred and twenty-nine thousand three hundred and seventy-three euro and forty
cents (2,329,373.40), or to both such fine and imprisonment; or
(ii) on conviction by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) to the punishment of imprisonment
for a term of not less than six months but not exceeding nine years, or to a fine (multa) of not less than two thousand three hundred and twenty-nine euro and thirty-seven cents (2,329.37) but not exceeding
one hundred and sixteen thousand four hundred and sixty-eight euro and sixty- seven cents (116,468.67), or to both such
fine and imprisonment.
(b) Notwithstanding that the Attorney General has directed in accordance with the provisions of paragraph (a) that a person be tried in the Criminal
Added by: XXXI. 2001.3.
Offences. Amended by: III. 2002.166;
L.N. 425 of 2007; XXXI. 2007.44;
L.N. 105 of 2008.
Direction by the
Attorney General.
Cap. 9.
Cap. 101.
Cap. 9.
Cap. 9.
Court, he may, at any time before the filing of the bill of indictment or at any time after filing the bill of indictment
before the jury is empanelled, and with the consent of the accused, direct that that person be tried before the Court of
Magistrates, and upon such direction the Court of Magistrates as a court of criminal judicature shall become competent
to try that person as if no previous direction had been given. Where the Attorney General has given such new direction
after the filing of the bill of indictment, the registrar of the Criminal Court shall cause the record to be transmitted to the
Court of Magistrates, and shall cause a copy of the Attorney General’s direction to be served on the Commissioner of Police.
(c) Notwithstanding the provisions of article 370 of the Criminal Code and without prejudice to the provisions of subarticle (2), the Court of Magistrates shall be competent to try all offences
against this Act as directed by the Attorney General in accordance with the provisions of subarticle (1).
(3) In proceedings for an offence of money laundering under this Act the provisions of article 22(1C)(b) of the Dangerous Drugs Ordinance shall mutatis mutandis apply.
(4) Where the person found guilty of an offence of money laundering under this Act is an officer of a body corporate
as is r efe rr ed to in ar tic le 1 21 D o f th e Criminal Code or i s a person having a power of representation or having such authority as is referred to in that article and the offence of which
that person was found guilty was committed for the benefit, in part or in whole, of that body corporate, the said person shall for
the purposes of this Act be deemed to be vested with the legal representation of the same body corporate which shall be liable to
the payment of a fine (multa) of not less than one thousand and one hundred and sixty- four euro and sixty-nine cents (1,164.69) and not more than one million
and one hundred and sixty-four thousand and six hundred and eighty-six euro and seventy cents (1,164,686.70).
(5) (a) Without prejudice to the provisions of article 23 of the Cri minal Code the cour t sh all , in addi tion to any punishm e nt to which the person co nvicted of an offence of money laundering under this
Act may be sentenced and in addition to any penalty to which a body corporate may become liable under the provisions of subarticle
(4), order the forfeiture in favour of the Government of the proceeds or of such property the val u e of which correspo nds to t
h e v a lue of such proceeds whether such proceeds have been received by th e p e r s on f o u n d g u i l t y or by t h e bo dy
co rpo r at e referred to in the said subarticle (4) and any property of or in th e p o ssessio n or u nder the co ntrol of any person
found guilty as aforesaid or of a body corporate as mentioned in this subarticle shall, unless proved to the contrary, be deemed
to be derived from the offence
of money laundering and liable to confiscation or forfeiture by the court even if in the case of immovable prop erty su ch p r op
erty h a s since the offe nder was charged passed into the hands of third parties, and even if the proceeds of property, movable
or immovable, are situated in any place outside Malta:
Provided that, for the purposes of this subarticle, "proceeds" means any economic advantage and any property
derived from or obtained, directly or indirectly, through criminal activity and includes any income or other benefit
derived from such property.
(b) Where the proceeds of the offence have been dissipated or for any other reason whatsoever it is not possible to
identify and forfeit those proceeds or to order the forfeiture of such property the value of which corresponds to the value of those
proceeds the court shall sentence the person convicted or the body corporate, or the person convicted and the
body corporate in solidum, as the case may be, to the payment of a fine (multa) which is the equivalent of the amount of the proceeds of the offence. The said fine shall be recoverable as a civil debt and for
this purpose the sentence of the court shall constitute an executive title for all intents and purposes of the Code of Organization and Civil Procedure.
(c) Where it is established that the value of the property of the person found guilty of a relevant offence is disproportionate
to his lawful income and the court based on specific facts is fully convinced that the property in question has
been derived from the criminal activity of that person, that property shall be liable to forfeiture.
(6) Without prejudice to the provisions of article 5 of the Criminal Code, the Maltese courts shall also have jurisdiction over any of fence of money laundering und er this Act in t h e same circumstances
as are mentioned in article 121C of the Criminal Code.
(7) The provisions of article 248E(4) of the Criminal Code and tho s e of articl e 22 (3A ) ( b ) and ( d ) of th e D a ng er ou s Dr ug s Ordinance shall apply mutatis mutandis to the offences under this Act.
Forfeiture of proceeds.
Cap. 12. Forfeiture of
property derived
from criminal
activity.
Cap. 9.
Cap. 9. Cap. 101.
Additional powers of investigation. Amended by:
III. 2004.80; XIV. 2006.106;
L.N. 425 of 2007; XXXI. 2007.45.
Cap. 9. Cap. 12.
the suspect, shall produce or grant access to such material to the person or persons indicated in the order; and the person or persons
so indicated shall, by virtue of the investigation order, have the p o w e r to en ter an y ho use, b u i l d i ng o r ot her en
clo s ure for the purpose of searching for such material.
(2) Where an investigation order has been made or applied for, whosoever, knowing or suspecting that the investigation is taking
place, discloses that an investigation is being undertaken or makes any other disclosures likely to prejudice the said investigation
shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty- six euro and eighty-seven cents (11,646.87) or to imprisonment not exceeding
twelve months, or to both such fine and imprisonment:
Provided that in proceedings for an offence under this subarticle, it shall be a defence for the accused to prove that he
did not know or suspect that the disclosure was likely to prejudice the investigation.
(3) An investigation order -
(a) shall not confer any right to production of, access to, or search for communications between an advocate or legal procurator
and his client, and between a clergyman and a person making a confession to him, which would in legal proceedings
be protected from disclosure by article 642(1) of the Criminal Code or by article 588(1) of the Code of Organization and Civil Procedure;
(b) shall, without prejudice to the provisions of the foregoing paragraph, have effect notwithstanding any obligation as
to secrecy or other restriction upon the disclosure of information imposed by any law or otherwise; and
(c) may be made in relation to material in the possession of any government department.
(4) Where the material to which an application under subarticle (1) relates consists of information contained in a computer, the
inv estigation order shall have effect as an order to pro duce the material or give access to such material in a form in which it
can be taken away and in which it is visible and legible.
(5) Any person who, having been ordered to produce or grant access to material as provided in subarticle (1) shall, without lawful
excuse (the proof whereof shall lie on him) wilfully fail or refuse to comply with such investigation order, or who shall wilfully
hinder or obstruct any search for such m a terial, shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) or to imprisonment not exceeding
twelve months, or to both such fine and imprisonment.
(6) Together with or separately from an application for an investigation order, the Attorney General may, in the circumstances
m en tioned in subarticle (1) , apply to the Crim inal Court for an
order (hereinafter referred to as an "attachment order") -
(a) attaching in the hands of such persons (hereinafter referred to as "the garnishees") as are mentioned in the
application all moneys and other movable property due or pertaining or belonging to the suspect;
(b) requiring the garnishee to declare in writing to the Attorney General, not later than twenty-four hours from the
time of service of the order, the nature and source of all money and other movable property so attached; and
(c) prohibiting the suspect from transferring or otherwise disposing of any movable or immovable property.
(6A) Where an attachment order has been made or applied for, whosover, knowing or suspecting that the attachment order has b een
so m a de or ap pl ied fo r, makes any di sclo su re li kel y t o prejudice the effectiveness of the said order or any investigation
connected with it shall be guilty of an of f e nce and shall, on con v icti on, b e liabl e to a f i ne ( mu lta ) n o t ex ce ed ing e l e v e n thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) or to imprisonment
not exceeding twelve months, or to both such fine and imprisonment:
Provided that in proceedings for an offence under this subarticle, it shall be a defence for the accused to prove that he
did not know or suspect that the disclosure was likely to prejudice the investigation or the effectiveness of the attachment order.
(7) Before making an investigation order or an attachment o r der, the cour t may requ ire to hear the Atto rney General
i n chambers and shall not make such order -
(a) unless it concurs with the Attorney General that there is reasonable cause as provided in subarticle (1); and
(b) in the case of an investigation order, unless the court is satisfied that there are reasonable grounds for suspecting
that the material to which the application relates -
(i) is likely to be of substantial value (whether by itself or together with other material) to the investigation for
the purpose of which the application is made, and
(ii) does not consist of communications referred to in subarticle (3)(a).
(8) The provisions of article 381(1)(a), (b) and (e) and of article 382(1) of the Code of O rg a nization and Civil Procedure shall, mutatis mutandis, apply to the attachment order.
(9) An attachment order shall be served on the garnishee and on the suspect by an officer of the Executive Police not below the
rank of inspector.
(10) Any person who acts in contravention of an attachment order shall b e gu ilt y of an offenc e and shal l, o n co nvi
cti on, b e
Cap. 12.
Cap. 9.
hundred and forty-six euro and eighty-seven cents (11,646.87) or to imprisonment for a period not exceeding twelve months or to both
such fine and imprisonment:
Provided that where the offence consists in the payment or delivery to any person by the garnishee of any moneys or other movable
property attached as provided in subarticle (6)(a) or in the transfer or disposal by the suspect of any movable or immovable property in contravention of subarticle (6)(c), the fine shall always be at least twice the value of the money or property in question:
Provided further that any act so made in contravention of that court order shall be null and without effect at law and the court may,
where such person is the garnishee, order the said person to deposit in a bank to the credit of the suspect the amount of moneys
or the value of other movable property paid o r delivered in contravention of that court order.
(11) An attachment order shall, unless it is revoked earlier by the Attorney General by notice in writing served on the suspect and
on the garnishee in the manner provided for in subarticle (9), cease to be operative on the expiration of thirty days from the date
on which it is made; and the court shall not make another attachment o r d e r with respect to th at suspect un less it i s satisfied
th at su b s tan t ial l y ne w in f o rm at io n wi t h r e ga rd s to t h e o f fe nce mentioned in article 3 is available:
Provided that the said period of thirty days shall be held in abeyance for such time as the suspect is away from these Islands and
th e Attorney General inform s of this fact the garnishee by notice in writing served in the manner provided for in subarticle (9).
(12) In the course of any investigation of an offence against article 3, the Executive Police may request a magistrate to
hear on oath any person who they believe may have information regarding such offence; and the magistrate shall forthwith hear that
person on oath.
(13) For the purpose of hearing on oath a person as provided in subarticle (12) the magistrate shall have the same powers as are
by law vested in the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) as a court of criminal inquiry as well as
the powers mentioned in article 554 of the Criminal Code; provided that such hearing shall always take place behind closed doors.
(14) It shall not be lawful for any court to issue a warrant of prohibitory injunction to stop the execution of an investigation
order.
Applicability of Dangerous Drugs Ordinance.
Added by:
III. 2002.166.
Cap. 101.
4A. The provisions of article 30B of the Dangerous Drugs Ordinance shall apply mutatis mutandis t o proce eds wi th in t he meaning of article 3(5).
i n formation result ing f r om the moni torin g and, on ce the i n formatio n is col l ated, the person or au thority
receivi ng the
information shall transmit that information to the Attorney General.
(2) Where a monitoring order has been made or applied for, whosoever, knowing or suspecting that the investigation is taking place,
discloses that an investigation is being undertaken or makes any other disclosures likely to prejudice the said investigation shall
be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty six euro and eighty-seven cents (11,646.87) or to imprisonment not exceeding
twelve months, or to both such fine and imprisonment:
Provided that in proceedings for an offence under this subarticle, it shall be a defence for the accused to prove that he
did not know or suspect that the disclosure was likely to prejudice the investigation.
Monitoring order.
Added by:
VII. 2010.60.
(a) attaching in the hands of third parties in general all moneys and other movable property due or pertaining or belonging to the
accused, and
(b) prohibiting the accused from transferring, pledging, hypothecating or otherwise disposing of any movable or immovable property:
Provided that the court shall in such an order determine what moneys may be paid to or received by the accused during the subsistence
of such order, specifying the sources, manner and other modalities of payment, including salary, wages, pension and social securi
ty be nefit s p a ya bl e t o th e ac cused, to allow him and his family a decent living in the amount, where the means permit, of
t h i r t e en t h o u sand an d ni ne h u n d r e d an d sev e nt y-si x euro an d twenty-four cents (13,976.24) every year:
Provided further that the court may also -
(a) authorise the payment of debts which are due by the accused to bona fide creditors and which were contracted before
such order was made; and
Freezing of property of person accused.
Amended by:
L.N. 425 of 2007.
movable or immovable property. (2) Such order shall -
(a) become operative and binding on all third parties immediately it is made, and the Registrar of the Court shall cause a
notice thereof to be published without delay in the Gazette, and shall also cause a copy thereof to be registered
in the Public Registry in respect of immovable property; and
(b) remain in force until the final determination of the proceedings, and in the case of a conviction until the sentence has
been executed.
(3) The court may for particular circumstances vary such order, and the provisions of the foregoing subarticles shall apply to
such order as so varied.
(4) Every such order shall contain the name and surname of the acc used, his profession, trade or othe r status, father ’s name,
mother ’s name and maiden surname, place of birth and place of residence and the number of his identity card or other identification
document, if any.
(5) Where any money is or becomes due to the accused from any person while such order is in force such money shall, unless otherwise
directed in that order, be deposited in a bank to the credit of the accused.
(6) When such order ceases to be in force as provided in subarticle (2)(b) the Registrar of the Court shall cause a notice to that effect to be published in the Gazette, and shall enter in the Public Registry
a note of cancellation of the registration of that order.
Penalty for contravening court order.
Amended by:
L.N. 425 of 2007;
XXXI. 2007.46.
Special court proceedings. Amended by: XXXI. 2007.47.
6. Any person who acts in contravention of a court order mentioned in article 5 shall be guilty of an offence and shall, on co nvi ct ion , be li ab le to a fin e ( mul t a ) not exc eeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) or to imprisonment for a period not exceeding twelve m o nt hs, o r t o bo th su ch fin e an d im p ri son m ent , a nd an y act so made in contravention of such court order shall be null and without effect at law and the court may, where such person is the garnishee, order the said person to deposit in a bank to the credit of the person ch arg e d the amoun t of moneys or the valu e of ot her movabl e property paid or delivered in contravention of that court order.
(2) Such action shall be brought not later than three months
from the date on which the sentence ordering the forfeiture shall have become definite, by an application in the Civil Court, First
Hall.
(3) The applicant shall attach to the application all such docu men ts in sup port o f his cl aim as i t m ay be i n h is
p ower to produce and shall indicate in his application the names of all the witnesses he intends to produce, stating in respect
of each the proof which he intends to make.
(4) The court shall, without delay, set down the application for hearing at an early date, which date shall in no case be later
than thirty days from the date of the filing of the application.
(5) The application and the notice of the date fixed for hearing shall be served on the Commissioner of Police without delay, and
the said Commissioner shall file his reply thereto within fifteen days after the date of the service of the application.
(6) The court shall hear the application to a conclusion within twenty working days from the date fixed for the original hearing
of the application, and no adjournment shall be granted except either with the consent of both parties or for an exceptional reason
to be recorded by the court, and such adjourned date shall not be later than that justified by any such reason.
(7) Saving the preceding provisions of this article, the prov isi ons of the Code of Or ganizatio n and Ci vil
Procedure relating to proceedings before the Civil Court, First Hall, shall apply in relation to any such application.
(8) Any decision revoking the forfeiture of immovable property shall be deemed to transfer the title of such property back from
the Government to the party in favour of whom it is given, and such part y m ay obt ain t he regi st rati on of such tran sfer in
the Pu bli c Registry.
Cap. 12.
9. (1) Where the Attorney General receives a request made by the judicial or prosecuting authority of any place outside Malta fo r inve stigations to ta ke place in Malta in respect of a person (hereinafter referred to as "the suspect") suspected by that authority of an act or omission which if committed in these Islands, or in corresponding circumstances, would constitute an offence under article 3, the Attorney General may apply to the Criminal Court for an investigation order or an attachment order or for both and the provisions of article 24A of the Dangerous Drugs Ordinance shall mutatis mutandis apply to that application and to the suspect and to any investigation or attachment order made by the court as a result of that application.
Reversion of property ceasing to be forfeited.
Powers of investigation in connection with offences cognizable by courts outside Malta.
Added by: II. 1998.9.
Cap. 101.
Cap. 101.
(2) The words "investigation order" in subarticles (2) and (5) of the same article 24A shall be read and construed as
including an investigation order made under the provisions of this article.
(3) The words "attachment order" in article 24A(6A) of the D a ngerous D r ug s Ordinan c e shall be read and construed as including an attachment order made under the provisions of this article.
Transactions or banking operations carried out through one or more accounts.
Added by: VII. 2010.61.
9A. Where the request referred to in the preceding article is made for the purpose of monitoring the transactions or banking operations being carried out through one or more accounts of a suspect, the Attorney General may apply to the Criminal Court for a m onit oring order and th e provi si ons of article 4B shall apply mutatis mutandis.
Freezing of property of person accused with offences cognizable by courts outside Malta.
Added by: II. 1998.9.
Cap. 101.
10. (1) Where the Attorney General receives a request made by a judicial or prosecuting authority of any place outside Malta for t h
e temp orary sei z ure of all or any of the m oneys or pro p erty, m o v a ble or im mo vabl e, of a p e rson (hereinafter in this
article referred to as "the accused") charged or accused in proceedings before the courts of that place of an offence consisting
in an act or an omi s sio n wh ich i f com m i tted in t h ese Islands, or in corresponding circumstances, would constitute
an offence under article 3, the Attorney General may apply to the Criminal Court for an order (hereinafter referred to as a "freezing
order") having the same effect as an order as is referred to in article 22A(1) of the Dangerous Drugs Ordinance, and the provisions of the said article
22A shall, subject to the provisions of subarticle (2) of this article, apply mutatis mutandis to that order.
Cap. 101. (2) The provisions of article 24C(2) to (5) of the Dangerous Drugs Ordinance shall apply to an order made under this article as if it were an order made under the said article 24C.
Cap. 101. (3) Article 22B of the Dangerous Drugs Ordinance shall also apply to any person who acts in contravention of a freezing order under this article.
Enforcement of confiscation orders made by courts outside Malta following conviction for offences
cognizable by those courts.
Added by: II. 1998.9. Cap. 101.
11. (1) A confiscation order made by a court outside Malta providing or purporting to provide for the confiscation or forfeiture of
any property of or in the possession or under the control of any person convicted of a relevant offence shall be enforceable in Malta
in accordance with the provisions of article 24D(2) to (11) of the Dangerous Drugs Ordinance.
(2) For the purposes of this article "confiscation order" includes any judgment, decision, declaration,
or other order made by a court whether of criminal or civil jurisdiction providing or purporting to provide for the confiscation
or forfeiture of property as is described in subarticle (1).
(3) For the purposes of this article "relevant offence" means an y o ffence consi s tin g i n any act which if co mmit
ted i n t h ese Islands, or in corresponding circumstances, would constitute the offence mentioned in article 3.
12. (1) The Minister may make rules or regulations generally for the bett er carrying out o f th e prov isi ons of this Act and in
p a r ticul ar may b y su ch rul e s or r e g u lati ons prov id e for the re gu lat i o n an d con t ro l of ban k s, credi t an
d ot h e r fin a nc ial institutions to provide inter alia for procedures and systems for training , identi fication, record-keepi ng, i n ternal reporting and reporting to supervisory authorities
for the prevention of money
laundering and funding of terrorism.
(2) The Minister may by regulations extend the provisions of this Act in whole or in part and of any regulations made thereunder
to categories of undertakings and to professions which engage in activities which, in the opinion of the Minister, are particularly
li kely to be us ed for m oney laundering purposes or funding of terrorism.
(3) Rules or regulations made under this article may impose punishments or other penalties in respect of any contravention or failure
of compliance not exc eeding a fine (multa ) of forty-six thousand and five hundred and eighty-seven euro and forty-seven cents (€46,587.47) or imprisonment for a term not
exceeding two years or both such fine and imprisonment.
Rules and regulations. Amended by: VI. 2005.5;
L.N. 425 of 2007.
(a) prescribe by regulation any matter required to be prescribed by this Act;
(b) by regulation amend, alter or add to the list of offences specified in the Second Schedule to this Act.
PART II
FINANCIAL INTELLIGENCE ANALYSIS UNIT
"subject person" means any person required to maintain internal reporting procedures and to report transactions suspected
to involve money la undering or funding of terrori sm under regulations in force from ti me to time under this Act or as m ay be
prescribed under this Act;
"supervisory authority" shall have the same meaning assigned to it by regulations in force from time to time under this
Act or as may be prescribed under this Act;
"the Board" means the Board of Governors referred to in article
18;
"the Chairman" means the Chairman of the Board appointed under article 20;
"the Deputy Chairman" means the Deputy Chairman of the Board appointed under article 20;
"the Director" means t h e Di rect or of the Unit appo inted or recruited under article 23.
Matters to be prescribed by regulations.
Definitions. Added by: XXXI. 2001.4. Amended by: VI. 2005.5.
Establishment of the Unit.
Added by:
XXXI. 2001.4.
(2) The Unit shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions of this
Act, of enteri ng i n to con t r a cts, of con c l u d i ng memo rand a of understanding or other agreements with any foreign body,
authority or agency as is referred to in article 16(1)(k), of acquiring, holding and disposing of any kind of property for the purposes of its functions, of suing and being sued, and of
doing all such things and entering into all such transactions as are incidental or conducive to the exercise or p e r f ormance of
i t s fu nctio ns un der th is Act, including the borrowing of money.
(3) The Unit shall enter into an agency performance agreement with the Minister which agreement shall determine the funding of
the agency and, without prejudice to the generality of article 16(1), any specific tasks within the scope of the functions of the
Unit which are to be addressed and achieved by the Unit.
(4) The members of the Unit and all its employees shall abide b y any Cod e of ethi cs appl icable to publ ic o ffi cers an d
shall , su bject to any law to the co ntrary, have the same obl igations thereunder:
Provided that the Unit may, with the concurrence of the M i nister , draw up service va lu es a n d a Code of Ethics to supp lement
an y pub lic service Cod e of Ethi cs i n respect of the Unit.
Functions of the
Unit.
Added by:
XXXI. 2001.4.
Amended by:
VI. 2005.5.
(a) to receive reports of transactions suspected to involve money laundering or funding of terrorism made by any subject person in
pursuance of any regulation made under article 12, to supplement such reports with such additional information as may be available
to it or as it may demand, to analyse the report together with such additional information and to draw up an analytical report
on the result of such analysis;
(b) to send any analytical report as is referred to in paragraph (a) to the Commissioner of Police for further investigation if having considered the suspicious transaction
report, the Unit also has reasonable grounds to suspect that the transaction is suspicious and could involve money
laundering or funding of terrorism;
(c) to monitor compliance by subject persons and to co- operate and liaise with supervisory authorities to ensure such compliance;
any analytical report sent in accordance with paragraph (b) or at any time thereafter any information, document, analysis or other material in support of the report;
(e) to instruct any subject person to take such steps as it may deem appropriate to facilitate any money- laundering
or funding of terrorism investigation in general or the investigation of any particular suspicious transaction
report;
(f) to gather information on the financial and commercial activities in the country for analytical purposes with a view to detecting
areas of activity which may be vulnerable to money laundering or funding of terrorism;
(g) to compile statistics and records, disseminate information, make recommendations, issue guidelines and advice
the Minister on all matters and issues relevant to the prevention, detection, investigation, prosecution and punishment
of money laundering or funding of terrorism offences;
(h) to promote the training of, and to provide training for, personnel employed with any subject person in respect of any matter,
obligation or activity relevant to the prevention of money laundering or funding of terrorism;
(i) to consult with any person, institution or organization as may be appropriate for the purpose of discharging any of its functions;
(j) to advise and assist persons, whether physical or legal, to put in place and develop effective measures and programmes
for the prevention of money laundering and funding of terrorism;
(k) upon request or on its own motion, to exchange information with any foreign body, authority or agency which it considers
to have functions equivalent or analogous to those mentioned in this subarticle and with any supervisory authority in Malta
or with any supervisory authority outside Malta which it deems to have equivalent or analogous functions as a
supervisory authority in Malta, subject to such conditions and restrictions as it may determine, including
the prior conclusion, if it deems so necessary, of any memorandum of understanding or other agreement, to regulate
any such exchange of information, where that information may be relevant to the processing or analysis of information
or to investigations regarding financial transactions related to money laundering or funding of terrorism and the natural
or legal persons involved;
(l) to report to the Commissioner of Police any activity
which it suspects involves money laundering or funding of terrorism and of which it may become aware in the
course of the discharge of any of its functions.
(2) The Unit shall at least once a year prepare a report on its activities in general to the Minister and shall afford to the Minister
facilities for obtaining information with respect to its property and its activities in general and furnish him with returns, accounts
and other information with respect thereto.
Liability for damages. Added by: XXXI. 2001.4.
Distribution of duties of the Unit. Added by:
XXXI. 2001.4.
(2) The Board shall be responsible for the policy to be adopted by the Unit and to be executed and pursued by the Director and
to ensure that the Director carries out that policy accordingly. The Board s h all also be responsibl e for advising the Minister
as provided in article 16(1)(g).
(3) The Director shall be responsible for the execution of the po licy est a bli s hed by the Bo ar d and fo r carry in g o u t
all th e f unct ion s of the Uni t n ot attr ibu ted b y t his A ct t o t he Bo ard in accordance with the policy and subject to
the general supervision of the Board.
(4) The Board may appoint any officer or any member of the staff of the Unit to act as director when the Dire ctor is absent,
unable to act or on vacation or during any vacancy in the office of the Director.
Composition of the
Board.
Added by:
XXXI. 2001.4.
(a) four members appointed by the Minister in the manner provided in subarticle (2);
(b) not more than two other members, as may be requested by the Board, appointed by the Minister in the manner provided in subarticle
(3).
(2) The Minister shall appoint the four members referred to in subarticle (1)(a) by selecting one member from each of four panels, each of at least three persons, nominated resp ectively by the Attorney General,
the Governor of the Central Bank, the Chairman of the Malta Financial Services Authority and the Commissioner of Police.
(3) The Minister shall appoint each additional member as may be request ed by the Board in pursu ance of the provisions of subarticle
(1)( b ) from a panel of not less than three perso n s n o mi nated b y th e autho r it y to be i ndicated by the Board w ith respect to
each additional member.
(4) The members of the Board shall be appointed for a term of three years against such remu neratio n as the Min i ster m a y
subarticles (2) or (3), as the case may be, on the expiration of their term of office.
(5) The members of the Board shall discharge their duties in their own individu al judgem ent and shall not be subject to the
direction or control of any other person or authority.
(6) A person shall not be qualified to be appointed, or to hold office, as a member of the Board if he:
(a) is legally incapacitated; or
(b) has been declared bankrupt or has made a composition or scheme of arrangement with his creditors; or
(c) has been convicted of an offence against this Act or of an offence listed in the First Schedule or in the Second Schedule or of
an offence of money laundering against the provisions of the Dangerous Drugs Ordinance or of the Medical and Kindred Professions Ordinance; or
(d) is not a salaried official on the permanent staff in the service of the official by whom he is to be or has been recommended for
appointment; or
(e) is a salaried official of or is otherwise employed with or in the service of a subject person or is in any other manner professionally
connected to a subject person.
(7) A member of the Board may be relieved of office by the Minister, after consultation with the official by whom the member was
recom m e nd ed, o n the grou nd of i n ab ili ty to p e rform th e functions of his office, whether due to infirmity of mind or
of body, or to any other cause, or of misbehaviour; and, for the purposes of this subarticle, repeated unjus ti fied non-attendance
of Board meetings may be deemed to amount to misbehaviour.
(8) A member of the Board may also resign from office by letter addressed to the Minister.
(9) Where any vacancy occurs in the membership of the Board for any reason other than the la pse of the term of of fice that vacancy
shall, for the remainder of the term of office which has bec o me vacant, be filled by a nother me mber appointe d by the Minist
er from among a p a nel of not less than three persons nominated by the official who nominated the panel from among whom the member
who vacated office had been appointed.
Cap. 101. Cap. 31.
Chairman and Deputy Chairman of the Board. Added by:
XXXI. 2001.4.
Meetings of the
Board.
Added by:
XXXI. 2001.4.
The meetings of the Board shall be called by the Chairman on his own initiative or at the request of any two of the other members
or at the request of the Director.
(2) The Board shall not act unless a quorum consisting of the C h airman or Deputy Chairman and n o t less th an tw o o t h e r
members is present.
(3) The meetings of the Board shall be chaired by the
Chairman, or in his absence, by the Deputy Chairman.
(4) The decisions of the Board shall be adopted by a simple majority of the votes of the members present and voting and in the
event of an equality of votes the member presiding at the meeting shall have and exercise a second or casting vote.
(5) The Director shall be entitled to attend the meetings of the Board and to take part in the discussions, but shall have no vote.
Saving the provisions of subarticle (2) the absence of the Director from any meeting s h all not inva lidate the proceedings of the
meeting.
(6) Any vacancy among the members of the Board, and any participation therein by a person not entitled so to do, shall not invalidate
the proceedings of the Board.
(7) Subject to the provisions of this Act, the Board may regulate its own procedure.
(8) All acts done by any person acting in good faith as a m e mber of th e Unit shall be valid as if he were a m e m
b er n o twi t hstan d ing th at som e defect in hi s appoi ntm e nt or qualification be afterwards discovered.
Decisions in case of emergency. Added by:
XXXI. 2001.4.
The Executive and other staff of the Unit.
Added by: XXXI. 2001.4.
The police liaison officer.
Added by: XXXI. 2001.4.
(2) Notwithstanding anything to the contrary in any other law the police liaison officer detailed as aforesaid shall be bound
to keep secret and confidential any information that may come to his knowledge as a result of his duties as a liaison officer with
the Unit and shall not disclose such information to any person other than a member of the Unit or any of its staff in the course
of the exercise of his functions as a liaison officer with the Unit.
Provided that where the Unit has submitted a report to the Police in accordance with the provisions of this Act the Unit may, without
prejudice to the provisions of article 31(4), authorise the p o lice liai so n offi cer t o d i sclose to the Police, or to any
other competent authority identified by the Unit as having an interest in
the investigation of the report, any information relevant to the said report that may have come or may come to the knowledge of the
police liaison officer in the course of his assignment with the Unit.
(3) The police liaison officer shall, subject to complying with any internal requirements of the police force, make available to
the Unit or to any member of its staff any information at the disposal of the police or which is part of police records to the extent
that such information is relevant to the exercise of the functions of the Unit.
(4) The police liaison officer shall assist the Unit in the analysis and processing of suspicious transaction reports
and of information and intelligence data collected by the Unit in the exercise of its functions and shall advise the Unit on investigative
techniques and on all law enforcement issues.
Provided that the Unit may appoint any one or more of its other members or of its officers or employees to appear in the name and
on behalf of the Unit in any judicial proceedings and in any act, contract, instrument or other document whatsoever.
(2) Any document purporting to be an instrument made or is sued by the Unit and to be signed by the Chairman or by the
Dep u t y Ch ai rm a n on be hal f of th e Un i t sh al l be rec e i v e d in evidence and shall, until the contrary is proved,
be deemed to be an instrument made or issued by the Unit.
Legal and judicial representation of the Unit.
Added by: XXXI. 2001.4.
(2) If the Unit so considers necessary it may:
(a) authorise any of its officers, employees or agents, on producing evidence of his authority, to require any subject person
to provide him forthwith with such information or documents relating to that subject person’s internal procedures
for compliance with the provisions of this Act and any regulation made thereunder and to answer any questions as
the Unit may reasonably require for the performance of its functions under subarticle (1);
(b) by notice in writing served on a subject person require that person to produce, within the time and at the place as may be specified
in that notice, any documents as may be so specified in the notice provided such documents are reasonably required by
the Unit for the performance of its functions under this Act.
(3) Where the documents required under subarticle (2) are produced, the Unit may make notes and take copies of the whole
or any part of such documents.
(4) Where the documents required under subarticle (2) are not p r oduced , the Unit may requ ire the su bject p e rson who w a
s
Compliance. Added by: XXXI. 2001.4.
required to produce them to state, in writing, why such documents could not be produced.
(5) Subject to the provisions of article 27, a supervisory authority is, for the purposes of subarticle (2)(a), considered to be an agent of the Unit.
Co-operation with supervisory authorities.
Added by: XXXI. 2001.4.
(2) Without prejudice to the special provisions of any other law applicable to them, the supervisory authorities shall extend
all assistan ce and co-operation to the Unit in the ful f ilment of it s responsibilities under this Act.
(3) In pursuance of its responsibilities under the provisions of article 26, the Unit may request a supervisory authority to do
all or any o f the following and the supervisory au thorit y sh al l not unreasonably withhold its assistance:
(a) to provide the Unit with such information of which the supervisory authority may become aware of in the course of its supervisory
functions and which indicates that a subject person falling under the competence of the supervisory authority may not be in
compliance with any requirements under this Act or any regulations made thereunder;
(b) to carry out, on behalf of the Unit, on-site examinations on subject persons falling under the competence
of the supervisory authority with the aim of establishing that person’s compliance with the provisions of this Act
and any regulations made thereunder and to report to the Unit accordingly.
(4) The Unit may authorise any of its officers or employees to accompany the supervisory authority in any on-site examination as
may be required by the Unit under subarticle (3)(b) and any such officer or employee shall be entitled, on producing, if requested, evidence of his author ity, to enter any premises
of the subject person on whom an examination is being undertaken.
Delay of execution of a suspicious transaction.
Added by: XXXI. 2001.4. Amended by:
VI. 2005.5.
(2) Where the matter is serious or urgent and it considers such action necessary, th e Un it may oppo se the ex ecution o f a
transa ction before the expiratio n of t h e period referred t o i n subarticle (1) and notice of such opposition shall be immediately
notified by fax or by any other written means.
(3) The opposition by the Unit shall halt the execution of the transaction for twenty-four hours from the time of the notification
referred to in subarticle (1) unless the Unit shall authorise earlier, by fax or otherwise in writing, the execution of the transaction.
(4) Where within the period referred to in subarticle (1) no opposition has been made by the Unit as provided in subarticle
(2) the subject person concerned may proceed to the execution of the transaction in questi on and where opposition has been m ade
as provided aforesaid the subject person concerned may proceed to the execution of the transaction in question upon the lapse of
the period referred to in subarticle (3) unless in the meantime an attachment order has been served on the subject person.
30. (1) When the Unit receives a report as is referred to in article 16(1)(a) or when from information in its possession the Unit suspects that any subject person may have been used for any transaction suspected
to involve money laundering or funding of terrorism the Unit may demand from the subject person making the report or from the subject
person which is suspected of having been used for any transaction suspected to involve money laundering or funding of terrorism as
well as from any other subject person, the po lice, any Government Ministry, department, agency or other public authority, or any
other person, physical or legal, and from any supervisory authority, any additional information that it deems useful for the purpose
of integrating and analysing the report or information in its possession.
(2) Notwithstanding anything contained in the Professional Secrecy Act and any obligation of secrecy or confidentiality under any other law the subject person or any other person, physical or legal, and
any authority or entity fr om whom information is demanded by the Unit in pursuance of the provisions of subarticle (1) shall communicate
the information requested to the Unit and for the purposes of article 257 of the Crim in al Co de any such disclosure shall be deemed to be a disclosure of information to a public authority compelled by law:
Action after execution of suspicious transaction which could not be delayed.
Added by: XXXI. 2001.4.
Amended by: VI. 2005.5.
Power of the Unit to demand information. Added by:
XXXI. 2001.4. Amended by:
VI. 2005.5.
Cap. 377.
Cap. 9.
Cap. 9. Cap. 12.
Provided that nothing in this subarticle shall imply any obligation on the Attorney General to communicate to the Unit any
information which in any way relates to or is connected with or came into his possession as a result of the exercise by him of any
powers referred t o in arti cle 9 1 (3) o f the Co nstitu tion or any o b li gati on on an y p e rson to com m uni cate t o t h
e Un it any information which would in legal proceedings be protected from disclo sure by article 642(1) of the Criminal Code or by a rt ic le
588(1) of the Code of Organization and Civil Procedure.
Power of Unit to demand information under article 16.
Added by:
XIII. 2004.126.
(2) The provisions of article 30(2) shall mutatis mutandis apply where any information is demanded by the Unit under this article.
Unit may require the subject person to monitor transactions or banking operations.
Added by: VII. 2010.62.
30B. (1) When the Unit receives a report as is referred to in article 16(1)(a) or when from information in its possession the Unit suspects th at any subject person may have b een u s ed fo r any transaction
suspected to involve money laundering or funding of terrorism or that property is being held by a subject person that may have derived
directly or indirectly from, or constitutes the proceeds of, crimin al acti vity o r from an act or acts of participatio n in cri
minal activ ity, the Unit may requi re the sub j ect person to monitor for a specified peri od the transactions or ban k ing operations
being carried out through one or more accounts in the name of any person suspected of the said offences, or through one or more accounts
suspected to have been used in the commission of any of the said offences or which could provide information about the offences or
the circumstances thereof, whether before, during or after the commission of the offences, including any such accounts in the name
of legal persons. The subject person shall communicate to the Unit the information resulting from the monitoring and the Unit may
use that information for the purpose of carrying out its analysis and reporting functions under this Act.
(2) Where a monitoring order has been made or applied for, whosoever, knowing or suspecting that the investigation is taking place,
discloses that an investigation is being undertaken or makes any other disclosures likely to prejudice the said investigation shall
be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding eleven thousand and six hundred and forty six euro and eighty-seven cents (11,646.87) or to imprisonment not exceeding
twelve months, or to both such fine and imprisonment:
Provided that in proceedings for an offence under this subarticle, it shall be a defence for the accused to prove that he
did not know or suspect that the disclosure was likely to prejudice the investigation.
(3) The provisions of article 30(2) shall mutatis mutandis apply where any information is demanded by the Unit under this article.
(2) The provisions of subarticle (1) shall also apply mutatis mutandi s to any suspi c i on of money laund ering or fund ing of t e rrorism wh ich the Unit may have formed on th e basis of information
in its possession without any suspicious transaction report having been made to the Unit or independently of any such report.
(3) Where the Unit transmits information to the Police in pursuance of the provisions of subarticles (1) and (2) and a
subject person over which another authority or agency has supervisory or regulator y functions is involved the Unit shall inform
the said authority or agency of action taken.
(4) Where the Unit transmits information to the Police in pursuance of subarticles (1) and (2) it shall thereafter transmit
to th e Police an y further relevant informatio n in respect of the suspicion communicated to the Police as aforesaid.
Transmission of information to police for investigation. Added by:
XXXI. 2001.4. Amended by:
VI. 2005.5.
24(2), discloses to the person concerned or to a third party that an investigation is being carried out by the Unit, or that information
has been transmitted to the Unit by a subject person, or that the Unit has transmitted information to the police for investigation,
shall be guilty of an offence and liable on conviction to a fine
(multa) not exceeding one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (116,468.67) or to imprisonment
for a term not exceeding five years or to both such
fine and imprisonment.
(a) when authorised to do so under any of the provisions of this Act;
(b) for the purpose of the performance of their duties or the exercise of their functions under this Act;
(c) when specifically and expressly required to do so
Information. Added by: XXXI. 2001.4. Amended by: VI. 2005.5.
Tipping off by the officials or employees of the Unit.
Added by: XXXI. 2001.4. Amended by:
L.N. 425 of 2007.
Confidentiality and permissible disclosure of information.
Added by: XXXI. 2001.4.
Amended by: VI. 2005.5.
Cap. 101. Cap. 31.
under a provision of any law.
(2) The Unit may disclose any document or information referred to in subarticle (1) to an organization outside Malta
which in the opinion of the Unit has functions similar to those of the Unit and which has similar duties of secrecy and confidentiality
as those of th e U n i t or to a sup e rvi s or y au th or it y in Malt a or t o a supervisory authority outside Malta which in
the opinion of the Unit has duties similar to those of a supervisory authority in Malta.
(3) The Unit may, in particular, refuse to disclose any document or information if:
(a) in its opinion such disclosure could lead to causing prejudice to a criminal investigation in course in Malta; or
(b) due to exceptional circumstances, such disclosure would be clearly disproportionate to the legitimate interests of
Malta or of a natural or legal person; or
(c) such disclosure would not be in accordance with fundamental principles of Maltese law:
Provided that any refusal under this subarticle shall be clearly explained to the body or authority requesting the disclosure
of the document or information.
(4) The Unit may also disclose any document or information referred to in subarticle (1) to a competent authority in Malta or
outside Malta investigating any act or omission committed in Malta and which constitutes, or if committed outside Malta would in
corresponding circumstances constitute:
(a) any of the offences referred to in article 22(2)(a)(1) of the Dangerous Drugs Ordinance; or
(b) any of the offences referred to in article 120A(2)(a)(1)
of the Medical and Kindred Professions Ordinance; or
(c) any offence of money laundering within the meaning of this Act; or
(d) any offence of funding of terrorism:
Provided that such disclosure shall be subject to the condition that the information or document disclosed shall not, wi
thout the express consent of th e U n it, be used fo r any other purpose other than that of the investigation or for any subsequent
prosecution for the offence which is the subject of the investigation or for any proceedings which may lead to the confiscation of
any proceeds from the said offence or of funds, assets or other property used for the purpose of funding of terrorism.
Revenue of the
Unit.
Added by:
XXXI. 2001.4.
(a) fees payable to the Unit for services rendered by it;
(b) rents, interests and profits accruing from property, deposits and other assets of the Unit;
(c) any monies advanced to it by the Minister;
(d) any other money receivable or received by the Unit.
(a) hold accounts with any bank;
(b) invest any of its liquid assets in short and medium term first class securities as approved by the Board;
(c) acquire, purchase, lease or dispose of any movable or immovable property required for the conduct of its business or for
any purposes ancillary or incidental to the performance of its functions under this Act.
(2) For the purpose of carrying out any of its functions under this Act, the Unit may, with the approval in writing of the Minister,
borrow or raise money in such manner, from such person, body or authority, and under such terms and conditions as the Minister may
in writing approve.
Powers of the Unit.
Added by:
XXXI. 2001.4.
Advances by the Government. Added by:
XXXI. 2001.4.
Estimates and expenditure. Added by: XXXI. 2001.4.
Provided that the estimates for the first financial year of the Unit shall be prepared and adopted within such time as the Minister
may by notice in writing to the Unit specify.
(2) In the preparation of such estimates the Unit shall endeavour to ensure that the total revenues of the Unit
are at least sufficient to meet all sums properly chargeable to its Income and Ex pen d i t u r e A ccou n t , i n cl ud in g bu
t wi th ou t pr eju d i c e to t h e generality of that expression, depreciation.
(3) The estimates shall be made out in such form and shall contain such information and such comparisons with previous years
as the Board may direct.
(4) Before the end of each financial year the Board shall consider and adopt, with or without amendments as the case may
be, the estimates submitted to it for the following financial year.
(5) If in respect of any financial year it is found that the amount approved by the Board is not sufficient or a need has arisen
for expenditure for a purpose not provided for in the estimates, the Director may cause supplementary estimates to be prepared and
sent forthwith to the Board for adoption and in any such case the provisions of this Act applicable to the estimates shall as near
as practicable apply to supplementary estimates.
Determination and allocation of profits.
Added by: XXXI. 2001.4.
Financial year. Added by: XXXI. 2001.4.
January and end on the thirty-first day of December:
Provided that the first financial year shall begin at the date of commencement of this article and shall end on the thirty-first day
of December of the following year.
Audit. Added by: XXXI. 2001.4.
Annual accounts.
Added by:
XXXI. 2001.4.
(a) a copy of the annual accounts certified by the auditors; (b) a report on the operations of the Unit during the year.
(2) The report referred to in subarticle (1) shall be laid on the Table of the House by the Minister not later than six weeks after
its receipt, or where the House is during the period not in session not later than the second week after the House resumes its sittings.
Exemption from taxes.
Added by:
XXXI. 2001.4.
FIRST SCHEDULE
(Article 2)
Article 3 (1) (a) of the United Nations Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
(i) The production, manufacture, extraction, preparation, offering, offering for sale, distri bution , sale, deli very on an
y term s whatso ev er, brokerag e , dispatch, dispatch in transit, transport, importation or exportation of any narcotic drug or
any psychotropic substance contrary to the provisions of the
1961 Convention, the 1961 Convention as amended or the 1971 Convention;
(ii) The cultivation of opium poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs contrary to
the provisions of the 1961
Convention and the 1961 Convention as amended;
(iii) The possession or purchase of any narcotic drug or psychotropic substance for the purpose of any of the activities enumerated
in (i) above;
(iv) The manufacture, transport or distribution of equipment, materials or of substances listed in Table I and Table II,
knowing that they are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs, or psychotropic
substances;
(v) The organization, management or financing of any of the offences enumerated in (i), (ii), (iii) or (iv) above.
SECOND SCHEDULE Amended by: L.N. 71 of 1999. Substituted by:
(Article 2)
L.N. 176 of 2005.
Any criminal offence.
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