30
Attachment, seizure and forfeiture etc., of property in a contracting State or Pakistan
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:- 30. Attachment, seizure and forfeiture etc., of property in a contracting State or Pakistan.--(1) Where the investigating officer has made an order for attachment of any property under section 8 or where the court has made an order confirming such attachment or forfeiture of any property under section 9 and such property is suspected to be in a contracting State, the Court on an application by the investigating officer, may issue a letter of request to a Court or an authority in the contracting State for execution of such order. (2) Where a letter of request is received by the Federal Government from a court in a contracting State requesting attachment or forfeiture of the property in Pakistan derived or obtained, directly or indirectly, by any person from the commission of an offence under section 3 committed in that contracting State, the Federal Government may forward such letter of request to the investigating agency, as it thinks fit, for execution in accordance with the provisions of this Ordinance or permit execution of the request in the manner sought by the contracting State so long as doing so would not violate Law of Pakistan or is, in any manner, not prejudicial to the sovereignty, security, national interest or public order. (3) The Federal Government may, on receipt of a letter of request under section 27 or section 28, direct any investigating agency under this Ordinance to take all steps necessary for tracing and identifying such property. (4) The steps referred to in subsection (3) may include any inquiry, investigation of survey in respect of any person, place, property, assets documents, and books of accounts in any bank or financial institution or any other relevant matters. (5) Any inquiry, investigation, or survey referred to in subsection (4) shall be carried out by an agency mentioned in subsection (3) in accordance with such directions issued in accordance with the provisions of this Ordinance. (6) The provisions of this Ordinance relating to attachment, adjudication, forfeiture vesting of property in the Federal Government, survey, search and seizures shall apply to the property in respect of which letter h f request is received- from a court or contracting State for attachment or forfeiture of property.