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Reciprocal arrangements for processes and assistance for transfer of accused persons

Act: Anti-Money Laundering Ordinance 2009

Section Provisions

ORDINANCE XXVII OF 2009 ORDINANCE XXVII OF 2009 ANTI-MONEY LAUNDERING ORDINANCE, 2009 An Ordinance to provide for prevention of money Laundering [Gazette of Pakistan, Extraordinary, Part I, 26th November, 2009] No.2 (I) 12009-Pub., dated 26-11-2009.--The following Ordinance promulgated by the President is hereby published for general information: Whereas, it is expedient to provide for prevention of money laundering and forfeiture of property derived from, or involved in, money laundering and for matters connected therewith or incidental thereto; And, whereas the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:- 29 Reciprocal arrangements for processes and assistance for transfer of accused persons.--(1) Where a Court, in relation to the offence of money laundering, desires that,- (a) A summons to an accused person; (b) A warrant for the arrest of an accused person; (c) A summons to any person requiring him to attend and produce a document or other thing or to produce it; or (d) A search warrant, issued by it shall be served or executed at any place in any contracting State, it shall send such summons or warrant in duplicate in such form, to such court, judge or magistrate through such authorities as the Federal Government may specify in this behalf and that court, judge or magistrate, as the case may be, shall cause the same to be executed. (2) Where a Court, in relation to an offence punishable under section 4, has received for service or execution,- (a) a summons to an accused person; (b) a warrant for the arrest of an accused person; (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or (d) a search warrant, issued by a court, judge or magistrate in a contracting State, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another court in the said territories for service or ?execution within its local jurisdiction; and where,-- (i). a warrant of arrest has been executed, the person arrested shall be dealt with in accordance with the procedure specified under section 16; (ii) search warrant has been executed, the things found in this search shall, so far as possible, be dealt with in accordance the procedure specified under sections 14 and 15: Provided that the provisions of this subsection shall not have effect if the exercise of power hereunder is, in any manner, likely to prejudice the sovereignty, security, national interest or public order. (3) Where a person transferred to a contracting State pursuant to subsection (2) is a prisoner in Pakistan, the Court or the Federal Government may impose such conditions as that Court or Government deems fit. (4) Where the person transferred to Pakistan pursuant to sub-section (1) is a prisoner in a contracting State, the Court in Pakistan shall ensure that the conditions subject to which the prisoner is transferred to Pakistan are complied with and such prisoner shall be kept in such custody subject to such conditions as the Federal Government may direct in writing.