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Malaysia




36. Powers to obtain information

(1) Notwithstanding any written law or rule of law to the contrary, an officer of the commission of the rank of commissioner and above, if he has reasonable ground to believe, based on the investigation carried out by an officer of the commission, that any property is held or acquired by any person as a result of or in connection with an offence under this Act, may by written notice—

require that person to furnish a statement in writing on oath or affirmation—
identifying every property, whether movable or immovable, whether within or outside Malaysia, belonging to him or in his possession, or in which he has any interest, whether legal or equitable, and specifying the date on which each of the properties so identified was acquired and the manner in which it was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;
identifying every property sent out of Malaysia by him during such period as may be specified in the notice;
setting out the estimated value and location of each of the properties identified under subparagraphs (i) and (ii), and if any of such properties cannot be located, the reason therefor;
stating in respect of each of the properties identified under subparagraphs (i) and (ii) whether the property is held by him or by any other person on his behalf, whether it has been transferred, sold to, or kept with any person, whether it has been diminished in value since its acquisition by him, and whether it has been commingled with other property which cannot be separated or divided without difficulty;
setting out all other information relating to his properties, business, travel, or other activities as may be specified in the notice; and
setting out all his sources of income, earnings or assets;

require any relative or associate of the person referred to in paragraph (1)(a), or any other person whom the officer of the commission of the rank of commissioner and above has reasonable grounds to believe is able to assist in the investigation, to furnish a statement in writing on oath or affirmation—
identifying every property, whether movable or immovable, whether within or outside Malaysia, belonging to him or in his possession, or in which such person has any interest, whether legal or equitable, and specifying the date on which each of the properties identified was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;
identifying every property sent out of Malaysia by him during such period as may be specified in the notice;
settingouttheestimatedvalueandlocationofeach of the properties identified under subparagraphs (i) and (ii), and if any of such properties cannot be located, the reason therefor;
stating in respect of each of the properties identified under subparagraphs (i) and (ii) whether the property is held by him or by any other person on his behalf, whether it has been transferred, sold to, or kept with any person, whether it has been diminished in value since its acquisition by him, and whether it has been commingled with other property which cannot be separated or divided without difficulty;
setting out all other information relating to each of the properties identified under subparagraphs (i) and (ii), and the business, travel, or other activities of such person; and
setting out all the sources of income, earnings or assets of such person; and

require any officer of any bank or financial institution, or any person who is in any manner or to any extent responsible for the management and control of the affairs of any bank or any financial institution, to furnish copies of any or all accounts, documents and records relating to any person to whom a notice may be issued under paragraph (a) or (b).

(2) Every person to whom a notice is sent by the officer of the commission of the rank of commissioner and above under subsection (1) shall, notwithstanding any written law or rule of law to the contrary, comply with the terms of the notice within such time as may be specified therein, and any person who wilfully neglects or fails to comply with the terms of the notice commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years and to a fine not exceeding one hundred thousand ringgit.

(3) Where the officer of the Commission of the rank of Commissioner and above has reasonable grounds to believe that any officer of a public body who has been served with the written notice referred to in subsection (1) owns, possesses, controls or holds any interest in any property which is excessive, having regard to his present or past emoluments and all other relevant circumstances, such officer of the Commission may by written direction require him to furnish a statement on oath or affirmation explaining how he was able to own, possess, control or hold such excess and if he fails to explain satisfactorily such excess, he commits an offence and shall on conviction be liable to—

imprisonment for a term not exceeding twenty years; and
a fine which is not less than five times the value of the excess, if the excess is capable of being valued, or ten thousand ringgit, whichever is the higher.


Type: Qualified Criminal Illicit Enrichment Laws

Last update on LEARN: Thursday, 3 March 2022, 13:00