ACT No. V of 2021 AN ACT to provide for the identification, tracing, freezing and confiscation of proceeds of crime including laundered property, income and other benefits derived from such proceeds held by criminal defendants, property that is the proceeds of, or used in, or intended or

I assent.

(L.S.)

GEORGE VELLA

President

19th February, 2021

ACT No. V of 2021

AN ACT to provide for the identification, tracing, freezing and

confiscation of proceeds of crime including laundered property,

income and other benefits derived from such proceeds held by criminal

defendants, property that is the proceeds of, or used in, or intended or

allocated for use in the financing of terrorism, terrorist acts or

terrorist organisations, for the setting up of the Asset Recovery Bureau

as a body, independent of the Government, for the said purpose, for

non-conviction based confiscation of proceeds of crime and other

matters consequential or ancillary thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in the present Parliament

assembled, and by authority of the same as follows:-

(1)

The short title of this Act is the Proceeds of Crime Act, Short title and

commencement.

2021. (2) This Act shall come into force on such date as the Minister

responsible for Justice may by notice in the Gazette establish, and

different dates may be so established for different provisions and

different purposes of this Act.

(Articles 35 and 66)

Part One

-

Criminal Code Cap. 9

-

Code of Organization and Civil Procedure Cap. 12

-

Medical and Kindred Professions Ordinance Cap. 31

-

Dangerous Drugs Ordinance Cap. 101

-

Malta Financial Services Authority Act Cap. 330

-

Prevention of Money Laundering Act Cap. 373

-

Prevention of Financial Markets Abuse Act Cap. 476

Part Two

The Minister with prior approval by resolution of the House of

Representatives may within a period of three (3) years from the date of

the coming into force of this Schedule by Legal Notice repeal or

amend provisions in the enactments listed in Part One of this Schedule

insofar as they provide for matters also provided for in this Act.

Passed by the House of Representatives at Sitting No. 427 of the

15th February, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€4.32

(1)

In this Act, unless the context otherwise requires

Interpretation.

"Board" means the Board of the Bureau established by

article 7;

"Bureau" means the Asset Recovery Bureau established

by article 6;

"category of cases" and "cases of any category" mean both

actions in personam as well as actions in rem as provided for

under this Act;

"Civil Court (Asset Recovery Section)" means the section

of the Civil Court established in Part III;

"confiscation" means taking or seizing a property by order

of the competent authority that deprives the owner of his title,

entirely or in part, for no compensation;

"Director" means the Director of the Bureau, and includes

a member of the Directorate staff duly authorised by the Director

and a contractor of the Bureau acting under the instructions of

the Director;

"Minister" means the Minister responsible for justice;

"owner" means a person with an ownership or secured

interest in property. "Owner" does not include a nominee who

despite having legal title, does not exercise dominion and control

over the property consistent with the rights of the true owner.

"Owner" also does not include an unsecured creditor with a

cause of action against the property owner or his estate but no

interest in specific property;

"property" means all assets of any kind, tangible or

intangible, moveable or immoveable, corporeal or incorporeal,

and includes virtual assets and legal documents or instruments

evidencing title to, or interest in, such assets, as well as one’s

entire patrimony;

"suspect" means a person suspected to have committed a

relevant offence;

"virtual asset" means a digital representation of value that

can be digitally traded, or transferred, and can be used for

payment or investment purposes.

(2) (a) Where it is provided in this Act that an action may be

instituted by "the Government" such action may be instituted by the

Asset Recovery Bureau and the Commissioner of Police acting either

individually or collectively provided that nothing in this sub-article shall

be interpreted as allowing the filing of more than one action on the same

claim by different applicants. The Asset Recovery Bureau and the

Commissioner of Police may conclude a memorandum of understanding

between them in order to determine the types of cases which shall be

pursued by each or by more than one of them.

(b) In this Act unless the context otherwise requires, any

reference to "a person" shall be deemed to be a reference to any

person whether physical or moral, and includes a reference to an

association or body of persons, whether corporate or incorporate

and whether that association, body or other grouping is for a

transitory period, or for a particular end, or otherwise.

(1) "Proceeds of crime" means any economic advantage or

other benefit derived directly or indirectly from a relevant offence,

including but not limited to any property or interest in property that

would not have been obtained or retained but for the commission of

the offence.

(2) Proceeds of crime may consist of any kind of property of any

description and of whatsoever nature, whether movable or immovable,

corporeal or incorporeal irrespective of whether such property is

situated in Malta or otherwise and irrespective of by whom such

property is held, and includes any subsequent reinvestment or

transformation of proceeds.

(3) Proceeds of crime means the gross proceeds of a relevant

offence without credit or deduction for any costs incurred in

committing the offence or taxes paid or owing.

(4) "Facilitating property" means any property used or intended

to be used to commit or to facilitate the commission of a relevant

offence, such as by making the offence less difficult to commit or more

or less free from obstruction or hindrance.

(5) "Property involved in money laundering" includes any

proceeds of crime that are the subject of the money laundering

transaction, any property commingled with the proceeds of crime at

the time the money laundering transaction occurs, any property in

which the proceeds or crime are invested or for which they are

exchanged in the course of the money laundering offence, and any

property used to facilitate the money laundering offence.

(6) "Property subject to confiscation" includes the proceeds of

crime, facilitating property, and all property involved in a money

laundering offence.

A "relevant offence" is any offence under any law, and not Relevant

being an offence of an involuntary nature, liable to the punishment of offence.

imprisonment or detention for a maximum term of at least one (1) year

unless otherwise provided for in another Part of this Act.

(1) The confiscation of the proceeds of crime under this Act Liability for

shall not extinguish any liability of any person committing an offence civil damages.

from any liability for the payment of damages to any person as

compensation for any loss suffered by such person as a consequence of

an offence.

(2) Without prejudice to the provisions of this Act, any Relation to

proceedings commenced before the coming into force of this Act in other laws.

accordance with any other law or regulations shall continue to be

governed and regulated by the provisions of that law or regulations.

(3) When a law provides for the confiscation of assets of the

accused as a consequence of a conviction, the provisions of such law

shall continue to apply in respect of such confiscation to the exclusion

of the provisions of this Act, sohowever that the provisions of this Act

shall nevertheless apply in respect of property which constitutes

proceeds of crime and which is not subject to confiscation under any

said law.

PART II

The Asset Recovery Bureau

(1) There shall be established a body, independent of the

Government, to be known as the Asset Recovery Bureau.

(2) Subject to the provisions of this Act and of any other law, it

shall be the function of the Bureau to trace and identify proceeds of

crime and any other property subject to confiscation, and to take action

for their confiscation as well as their proper administration and

disposal, and to assist other law enforcement and regulatory authorities

in the fight against crime.

(3) The Bureau shall be a body having a distinct legal personality

from that of the Government and shall be capable subject to the

provisions of this Act to enter into contracts, to hold and dispose of

property of any kind for the purpose of its functions, to sue and be sued

and to enter into all such other transactions as are incidental or

conducive for the proper performance of its functions.

(4) In the exercise of its functions under this Act, the Bureau shall

not be subject to any direction or control by any person, authority or

body.

(5) The Bureau shall consist of a Board and of a Directorate.

(6) The legal and judicial representation of the Bureau shall vest

in the Chairperson

Provided that the Board of the Bureau may appoint the

Director or any one or more of the members of the Directorate staff to

appear in the name and on behalf of the Bureau in any judicial

proceedings and in any act, deed, contract or instrument or other

document whatsoever.

(7) Any document purporting to be an instrument made or issued

by the Bureau and signed by the Chairperson on behalf of the Bureau

shall be received in evidence, and shall unless the contrary is proved,

be deemed to be an instrument made or issued by the Bureau.

(1) The Board of the Bureau shall consist of a Chairperson

appointed by the Cabinet of Ministers, after consultation with the

Leader of the Opposition, from among persons who have held the

office of Judge or Magistrate, or who have held senior positions in the

public service of Malta, and four (4) other members as follows

(a)

the Commissioner of Police or his representative;

(b)

the Commissioner for Revenue or his representative;

(c) the Chief Executive Officer of the Court Services

Agency or his representative;

(d) the Director of the Financial Intelligence Analysis

Unit or his representative.

(2) One of the members of the Board of the Bureau shall be

appointed by the Minister as Deputy Chairperson. The Deputy

Chairperson shall have all the powers and perform all duties of the

Chairperson during the absence of the Chairperson or during any

period where the Chairperson cannot perform his function for any

other cause, or during any vacancy in the office of the Chairperson.

(3) The Board may act notwithstanding any vacancy in its

composition or during the absence of any of its members as long as the

Chairperson or the Deputy Chairperson and any two (2) other

members are present.

(4) A person shall not be qualified to be appointed, or to continue

to hold office, as a member of the Board if he is

(a)

interdicted or incapacitated;

(b)

has been declared bankrupt; or

(c) has been found guilty of an offence in Malta or

abroad other than

(i)

an offence of an involuntary nature; or

(ii) an offence liable to the punishment established

for contraventions.

(5) For the purpose of paragraph (c) of sub-article (4) of this

article a person who has been found guilty of an offence as specified in

that paragraph shall still be disqualified to hold office notwithstanding

that any punishment awarded has been suspended or such person has

been conditionally released or put under probation without the

infliction of any penalty or such person has been sentenced according

to the Probation Act without the infliction of any penalty.

(6) The Chairperson and the Deputy Chairperson shall be

appointed for a term of five (5) years and may be reappointed.

(7) Where a member of the Board holds office as the

representative of another person as provided in paragraphs (a) to (d) of

sub-article (1), such member shall be so appointed for a period of five

(5) years but may be reappointed.

(8) The Chairperson, the Deputy Chairperson and the other

members of the Board, including such other members as are mentioned

in sub-article (7) hereof shall discharge their duties in accordance with

their own individual judgement and shall not be subject to the

direction or control of any other person or authority.

(9) The members of the Board shall receive such remuneration as

the Minister may determine upon their appointment.

(10) A member of the Board may not be removed from office,

except by the President acting on the advice of the Cabinet of

Ministers on grounds or inability to perform his function (whether

arising from infirmity of body or mind or any other cause) or proved

misbehaviour.

(11) The Minister shall appoint a person being an advocate or a

legal procurator to act as Secretary to the Board.

(12) The minutes, discussions, deliberations and decisions of the

Board shall be treated as confidential and shall not be disclosed

except

(a) when authorised to do so under any of the provisions

of this Act;

(b) for the purpose of the performance of duties or the

exercise of functions under this Act; and

(c)

to any competent entity, court or tribunal.

(1) The Board shall be responsible to establish the policy to

be adopted by the Bureau in the exercise of its functions under this

Act.

(2) The Board shall be responsible to ensure that the Bureau

carries out its functions in accordance with this Act and in accordance

with any policy established by it.

(3) The Board may from time to time, if it thinks fit, make

general rules for the guidance of the Directorate in the exercise of its

functions under this Act, and may at any time revoke or vary such

rules

Provided that nothing in this sub-article shall be construed as

authorising the said Board from giving directions with regard to the

conduct of any investigation or other function of the Bureau in any

particular case.

(4) The Board shall also verify and approve the accounts of the

Bureau and the draft estimates and the financial plans of the Bureau,

prepared by the Director before their final submission to the Minister

in accordance with this Act.

(5) The Board shall be kept informed by the Director on the

general running of the Bureau and the said Director shall moreover

inform the said Board of the general outcome of investigations and

operations concluded by the Bureau.

(1) The Directorate of the Bureau shall consist of the The Directorate.

Director who shall be the Chief Executive Officer of the Bureau, a

Deputy Director and such other officers and employees of the Bureau

as may be engaged by the Bureau from time to time.

(2) The Director shall be in charge of the overall management and

executive action of the Bureau and shall keep the Board informed on

the general running of the Bureau and of the general outcome of

investigations and operations concluded by the Bureau.

(3) The Director shall be appointed by the Minister, after

consultation with the Board, for such period and on such terms as the

Minister may, in consultation with the Board, determine.

(4) The Deputy Director and the other officers and employees of

the Directorate shall be selected by the Director and engaged by the

Bureau in accordance with such procedures and on such terms as the

Board may from time to time determinate.

(5) The Deputy Director and the other officers and employees of

the Directorate (hereinafter collectively referred to as the directorate

staff) shall as far as possible be selected from among

(a) members of the Executive Police, nominated and

designated by the Commissioner of Police;

(b) officers in the departments falling under the headship

of the Commissioner for Revenue nominated and designated by

the Commissioner for Revenue; and

(c) public officers.

(6)

The Bureau may also act through such contractors as it may

from time to time engage

Provided that such contractors shall at all times act in

accordance with such instructions as may be given to them by the

Director.

(7) The Director and the Directorate staff shall for all purposes of

the Criminal Code be considered as public officers, and shall be

afforded all protection and may incur all liability as such.

(8) The Director and the Directorate staff shall, subject to any

contrary provision in this Act or in any other law, abide by any code of

ethics applicable to public officers

Provided that nothing in this sub-article may be deemed to

preclude the Board to make further rules regulating the conduct of the

Director and of the Directorate staff to supplement any such Code of

Ethics.

(1) The Board shall meet at least ten (10) times a year so

however that the Board shall ensure that the period of time between

one meeting and another shall not exceed six (6) weeks. Other

meetings of the Board shall be convened as may be necessary.

(2) The Secretary to the Board shall take minutes of decisions at

its meetings. The minutes shall be signed by the Secretary and the

Chairperson.

(3) The meeting of the Board shall be chaired by the Chairperson

or in his absence the Deputy Chairperson.

(4) Decisions of the Board shall be adopted by a simple majority

of votes of the members present and voting, and in the event of an

equality of votes the Chairperson, or where the meeting is presided by

the Deputy Chairperson, the Deputy Chairperson shall have and

exercise a second or casting vote. The quorum at Board meetings shall

consist of three (3) members.

(5) The Director shall be entitled to attend the meetings of the

Board and to take part in the discussions. The Board may invite any

other member of the Directorate staff to attend meeting of the Board

and to participate in the discussions. The Director and any member of

the Directorate staff taking part in any discussion of the Board of the

Bureau shall not have a vote in the meetings in which they participate

Provided that the Chairperson may, if he considers it proper so

to do, at any time exclude the Director or any member of the

Directorate staff invited to attend at a meeting of the Board from any

meeting or part thereof.

(6) Any participation in a meeting of the Board of a person not

entitled to be present shall not invalidate the proceedings of the

meeting nor shall such proceedings be invalidated if it is subsequently

discovered that a person acted in good faith as a member and a defect

in his appointment or qualification is afterwards discovered.

(7) A week’s notice shall be given to the members of the Board of

any meeting thereof

Provided that in case where an urgent situation arises and

decisions are to be taken forthwith, decisions taken by at least two (2)

members of the Board, one of whom being the Chairperson or the

Deputy Chairperson, shall be valid as if taken by a meeting of the

Board regularly convened with proper notice.

(8) Subject to the other provisions of the this Act, the Board shall

regulate its own proceedings.

Without prejudice to the other provisions of this Act, the Staff

appointment of officers and other employees of the Bureau shall be appointments.

made by the Bureau. The terms and conditions of employment shall be

established by the Bureau with the concurrence of the Minister.

The Bureau shall appoint and employ, at such remuneration Appointment

and upon such time terms and conditions as it may, in accordance with and

officers and

articles 9 and 11, determine, such officers and employees of the employees

the Bureau.

Bureau as may from time to time be necessary for the due and efficient

discharge of the functions of the Bureau.

(1) The Prime Minister may, at the request of the Bureau, Detailing of

from time to time direct that any public officer shall be detailed for public

for duty with the

duty with the Bureau in such capacity and with effect from such date Bureau.

as may be specified in the Prime Minister’s direction.

(2) The period during which a direction as aforesaid shall apply

to any officer specified therein, shall, unless the officer retires from the

public service, or otherwise ceases to hold office at an earlier date, or

unless a different date is specified in such direction, cease to have

effect after one (1) year from the effective date of such direction unless

the direction is revoked earlier by the Prime Minister.

(1) Where any officer is detailed for duty with the Bureau Status of public

under any of the provisions of article 13, such officer shall, during the officers

for duty with the

time in which such direction has effect in relation to him, be under the Bureau.

administrative authority and control of the Bureau but he shall for

other intents and purposes remain and be considered and treated as a

public officer.

(2) Without prejudice to the generality of the foregoing, an officer

detailed for duty as aforesaid

(a)

shall not during the time in respect of which he is so

detailed

(i) be precluded from applying for a transfer to a

department of the Government in accordance with the

terms and conditions of service attached to the appointment

under the Government held by him at a date on which he is

so detailed for duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than those which

are attached to the appointment under the Government held

by him at the date aforesaid or which would have become

attached to such appointment, during the said period, had

such officer not been detailed for duty with the Bureau; and

(b) shall be entitled to have his service with the Bureau

considered as service with the Government for the purposes of

any pension, gratuity, or benefit under the Pensions Ordinance

and the Widows and Orphans’ Pensions Act and of any other

right or privilege to which he would be entitled, and liable to any

liability to which he would be liable, but for the fact of his being

detailed for duty with the Bureau.

(3) Where an application is made as provided in sub-article

(2)(a)(i) the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Bureau.

(4) The Bureau shall pay to the Government such contributions as

may from time to time be determined by the Minister responsible for

finance in respect of the cost of pensions and gratuities earned by an

officer detailed for duty with the Bureau as aforesaid during the period

in which he is so detailed.

(1) The Bureau may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Bureau under

any of the provisions of article 12 permanent employment with the

Bureau at a remuneration and on terms and conditions not less

favourable than those enjoyed by such officer at the date of such offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those enjoyed

by the officer concerned at the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime Minister offer

substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Bureau offered to him under the provisions of sub-article (1) shall for

all purposes other than those of the Pensions Ordinance and of the Cap.

93. Widows’ and Orphans’ Pensions Act, and saving the provisions of

sub-article (6), be deemed to have ceased to be in service with the

Government and to have entered into service with the Bureau on the

date of his acceptance, and for the purposes of the said Ordinance and

of the said Act, so far as applicable to him, service with the Bureau

shall be deemed to be service with the Government within the

meanings thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Bureau, was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall continue Cap. 58.

to be so entitled to benefit thereunder to all intents as if his service

with the Bureau were service with the Government.

(5) The Bureau shall pay to the Government such contributions as

may from time to time be determined by the Minister responsible for

finance in respect of the cost of pensions and gratuities earned by an

officer who has accepted performance of employment with the Bureau

as aforesaid during the period commencing on the date of such

officer’s acceptance.

(6) (a) For the purposes of this article posts and salary grades

with the Bureau shall be classified in the most nearly corresponding

grades and incremental levels in the service under the Government of

Malta by reference to job description, skills, responsibilities and other

analogous factors.

(b) The classification referred to in paragraph (a) shall be carried

out by a board composed of a chairman appointed by the Ministry

responsible for finance and two (2) other members, one appointed by

the Ministry responsible centrally for personnel policies in the public

service and one appointed by the Bureau. The classification shall be

subject to the final approval of the Minister responsible for finance.

(c) Such classification shall take place within three (3) months of

any adjustment of salaries of employees in Government service and,

or, of employees of the Bureau.

(d) No post shall be classified in a grade higher than that of a

Grade 3 in the service of the Government or such other grade that the

Minister responsible for finance may from time to time by notice in the

Gazette determine.

(e) Without prejudice to article 113 of the Constitution, no person

may, following a classification as aforesaid, be entitled to rights under

the said Pensions Ordinance less favourable than those to which he

would have been entitled prior to such classification.

(1) In the exercise of his functions under this Act, the

Director and any member of the Directorate staff, authorised by him,

shall have power to seek from any person or authority any information

with regard to any person or with regard to any matter, and the person

in possession of such information shall notwithstanding the provision

of any law to the contrary be obliged to give the Director or any such

member all information so requested

Provided that

(a) no advocate or legal procurator may be compelled to

disclose information derived from the professional confidence

which the parties themselves shall have placed in their assistance

and, or, advice;

(b) no clergyman may be questioned on any matter or

circumstance that may have come to his knowledge under the

seal of confession or loco confessionis

Provided further that where any person or authority has

acquired information from any person or authority in any State other

than Malta through the operation of any treaty or arrangement with

such other State to which Malta is a party, and such treaty or

arrangement provides that any information passed through the

operation of such treaty or arrangement may not be divulged to any

other person except with the consent of the person passing the

information requested, the person from whom the information is

requested may withhold the information if such consent is not given.

(2) The information referred to under sub-article (1) hereof shall

be provided within not more than thirty (30) days of receipt of the

request

Provided that upon good cause being shown to the Director,

such period may be extended by the Director for such further period or

periods as the Director may deem reasonable.

When a person is charged before a Court of Criminal

Jurisdiction in Malta, with a relevant offence

(a)

that has an economic, financial, monetary and/or

pecuniary dimension;

(b)

where proceeds of crime allegedly subsist; or

(c) which is inextricably linked to that provided in

paragraph (b),

it shall be the duty of the prosecuting officer to inform the Bureau, as

soon as practicable and in any case not later than the lapse of one (1)

week of such person being charged, and to keep the Bureau informed of

the progress of the procedures against such person, in particular of any

conviction or acquittal and of any appeal and the result thereof.

It shall be the duty of the prosecuting officer in any case Prosecution to

where a person has been charged with a relevant offence, as notified to liaise

Bureau for the

the Bureau in accordance with article 17, to give to the Bureau all issue

under this Act.

necessary information that may be required to determine whether that

person has benefited from proceeds of crime, and to determine whether

any measure needs to be taken under this Act with regard to that

person or his property.

(1) Where any property has by a final judgement of a court Administration

been forfeited or confiscated in favour of the Government, it shall be and

forfeited

incumbent on the Registrar of such court to inform the Bureau of such property,

property

forfeiture or confiscation and to transmit to the Bureau a copy of the confiscated in

judgement, ordering the forfeiture or confiscation or in virtue of which favour

Government.

the forfeiture or confiscation has taken place.

(2) The said Registrar shall moreover hand over to the Bureau

any property so forfeited or confiscated and, or any title to such

property that may be in the possession of the court.

(3) Without prejudice to the provisions of any other law

providing for forfeiture as a consequence of a conviction for a criminal

offence, the confiscation in favour of the Government of all property

subject to confiscation pertaining to a person found guilty of a relevant

offence is a civil consequence of any such conviction, and does not

need to be pronounced in the judgement finding his guilt. Where such

confiscation includes the proceeds of crime, it is not limited only to

proceeds deriving from the offence to which the judgement refers, but

extends to the proceeds of other relevant offences shown on a balance

of the probabilities to have been committed by the same person.

(4) (a) Where any property so forfeited or confiscated consists

of money in a currency other than the euro it shall be converted to euro

at the rate of exchange in force.

(b)

When such property consists of objects or other assets, it shall

be disposed of by the Bureau in a manner that ensures the greatest

benefit to the Government.

(5) Proceeds from the disposal of any property by the Bureau

shall be transferred by the Director to the Consolidated Fund or to such

other fund which may be set up by regulations made by the Minister

with the concurrence of the Minister responsible for finance for use in

support of efforts to combat money laundering and financing of

terrorism as soon as may be after receipt

Provided that such portion of, or such sum derived from such

proceeds, as may be determined in the estimates approved by the

Minister, may be retained by the Bureau as a reserve to cover on-going

and future expenses.

(6) The Bureau shall also be entitled, with the authorisation of the

Civil Court (Asset Recovery Section), to take possession of and

manage, value, maintain and administer property which is frozen and

in the process of being confiscated and to sell such property which is

of a perishable nature or which requires substantial expense to

maintain or is subject to substantial depreciation. For this purpose the

Bureau may be assisted by its contractors or outsourced professionals.

The financial year of the Bureau shall begin on the first day of

January and end on the thirty first day of December

Provided that the first financial year of the Bureau shall

commence on the date of coming into force of this Act and shall end

on the 31st day of December of the following year.

(1) The Director shall, not later than sixteen (16) weeks

before the end of each financial year, submit to the Board of the

Bureau estimates of the income and expenditure of the Bureau for the

following financial year.

(2) In the preparation of such estimates the Bureau shall

endeavour to ensure that the sums to be allocated to the Bureau,

together with any sums retained in accordance with the proviso to sub-

article (5) of article 19 are at least sufficient to meet all sums properly

chargeable to its income and expenditure accounts including, but

without prejudice to the 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) Not later than three (3) weeks from the receipt of such

estimates from the Director, the Board shall consider such estimates

and shall transmit the same with or without amendments to the

Minister for his approval.

(5) Before the end of the financial year, the Minister shall

approve and adopt such estimates with or without amendments.

(6) If in respect of any financial year it is found that the amount

so approved is not sufficient or a need has arisen for expenditure for a

purpose not provided for in the estimates, the Director shall cause

supplementary estimates to be prepared and to be sent forthwith to the

Board for transmission to the Minister for his approval, and in any

such case the provisions of this article shall as far as practicable apply

to the supplementary estimates.

The Minister may, acting in accordance with an appropriation Advances by the

Act, make advances and provide such funds to the Bureau for carrying government.

out its functions under this Act, in accordance with such estimates

approved in accordance with article 21.

The Bureau shall keep proper books of accounts in such Accounts and

manner as the Minister, following consultation with the Minister audit.

responsible for finance, may from time to time direct. Such accounts

shall be audited by auditors appointed by the Board of the Bureau with

the concurrence of the Minister from among persons qualified to be

appointed as auditors of a company in accordance with such law which

will be in force in Malta. Such accounts shall moreover be subject to

audit by the Auditor General.

(1) The Board shall as soon as may be but not later than Annual report.

three (3) months after the close of each financial year, transmit to the

Minister an annual report consisting of

(a) a copy of the annual accounts certified by the

auditors; and

(b) a report on the operations of the Bureau during the

previous financial year.

(2) The annual report shall be laid on the Table of the House by

the Minister not later than six (6) weeks after its receipt, or where the

House is during that period not in session, not later than the second

week after the House reconvenes.

(1)

The Bureau shall gather, manage and process data Data to be kept

by the Bureau.

relating to

(a)

suspect persons investigated by the Bureau;

(b) freezing, seizure and confiscation of property,

including comprehensive data on the effectiveness of the

freezing and seizure of property up to confiscation; and

(c) assistance in the enforcement of sentences involving

confiscation of property;

(d)

the management of assets;

(e) the estimated proceeds, the value of seized and

confiscated property and the amount realised from the

administration or sale of such property;

(f)

where property is released, the reasons for the

release.

(2) The Director shall keep a record of those persons or

categories of persons having access to the data referred to in sub-

article (1) hereof, and shall make such record available to the

Information and Data Protection Commissioner.

(3) Data retained for the purposes of this Act shall be retained for

a period of fifteen (15) years which period shall be suspended during

the pendency of investigations or litigation to which the said data is

relevant.

(1) The Director and members of the Board, members of the

Directorate staff and advisors and contractors of the Bureau shall treat

any information acquired through the performance of their duties

under this Act as secret and confidential and shall not disclose the

same to any person other than as necessary for the proper performance

of their duties

Provided that nothing in this sub-article shall be deemed to

preclude the Director or any member of the Directorate Staff acting

under a general or specific authorisation from the said Board to

disclose information to the Attorney General, or any prosecuting

authority, that may be required in the prosecution of offences for a

relevant offence or to any fiscal or supervisory authority established by

or under any other law for the purpose of aiding such other authority in

the carrying out of its functions.

(2) The Director and members of the Directorate staff shall keep a

record of any disclosure of information made in accordance with sub-

article (1) hereof, indicating the person to whom the information has

been disclosed and where necessary, the date of the authority to

disclose given in writing by the Director

Provided that in urgent cases, authority to disclose may be

given verbally in which case it shall be confirmed in writing as soon as

may be, and in no case later than two (2) working days of the giving of

the verbal authority.

The Bureau, the Board, the Director and members of the Liability for

Directorate staff shall not be liable for damages for anything done or damages.

omitted to be done in the discharge or purported discharge of any

function under this Act unless the act or omission is shown to have

been done or omitted to be done in bad faith or through gross

negligence.

PART III

The Civil Court (Asset Recovery Section)

(1) There shall be established a section of the Civil Court to Establishment

of the Civil

be designated the Civil Court (Asset Recovery Section).

Court (Asset

Recovery

Section).

(2) The Civil Court (Asset Recovery Section) shall take

cognisance of cases of any category as are assigned to it by this Act or

by any other law.

(3) The Civil Court (Asset Recovery Section) shall take

cognisance of cases whatever the value of the matter in dispute if the

case falls in a category of cases assigned to it as provided in sub-article

(2).

Procedures before the Civil Court (Asset Recovery Section) Proceedings of a

are of a civil nature and the burden of proof required to establish a civil nature.

finding shall not be greater than may be required in any other court of

civil jurisdiction as opposed to one of criminal jurisdiction.

Neither the acceptance of any statement before the Civil Inadmissibility

Court (Asset Recovery Section) by any person, nor anything filed in a as

criminal cases.

document before it or anything said in evidence by any person before it

shall be admissible as evidence in any proceedings for any offence

against the person in whose name the statement has been made or

accepted, or in whose name the document has been filed, or against the

person giving evidence

Provided that nothing in this article shall be deemed to

exempt any person from any criminal or other liability resulting from

his or her giving false evidence before the Civil Court (Asset Recovery

Section) or for filing or causing to be filed any document knowing it to

be false.

(1) Save as otherwise provided in this or any other law,

proceedings before the Civil Court (Asset Recovery Section) shall be

instituted and conducted according to the same procedure as applicable

before the Civil Court First Hall, so however that article 460 of the

Code of Organization and Civil Procedure shall not apply with regard

to proceedings before the Civil Court (Asset Recovery Section).

(2) The Civil Court (Asset Recovery Section) shall have the

power upon the application of any interested party to

(a)

extend any time limit provided for by this Act;

(b) decide any matter as to whether the legal professional

privilege provided for in this Act applies to in any stated

circumstances.

No appeal shall lie against decisions of the Civil Court (Asset

Recovery Section) except on a point of law decided in the appealed

judgment or on the basis of an error of fact resulting from the records

of the case.

PART IV

Orders

(1) Where the Attorney General has reasonable cause to

suspect that a person is guilty of a relevant offence, the said Attorney

General may apply to the Criminal Court for an Order, (hereinafter

referred to as a "Monitoring Order") requiring a bank or other financial

institution licensed to operate in Malta to monitor for a specified

period the transactions or operations carried out through one or more

accounts in the name of the suspect, or through one or more accounts

(a) suspected to have been used in the commission of the

offence; or

(b) which could provide information about the offence or

the circumstances thereof; or

(c) which could provide information as to the location

and the amounts of proceeds of crime, during or after the

commission of the offence.

The Bank or other financial institution on the receipt of such Order

by the Criminal Court shall proceed to monitor the account or accounts

as indicated in the Order, and shall communicate to the Attorney

General the information resulting from the monitoring.

(2)

The application for a Monitoring Order shall be made in

camera and the decision of the Criminal Court in such application

shall likewise be given in camera.

(3) (a) Where from the information resulting from the

monitoring of an account or accounts in accordance with a Monitoring

Order made in accordance with sub-article (1) hereof it appears to the

Attorney General that a relevant offence has been committed, and that

such relevant offence may have resulted in proceeds of crime, the

Attorney General shall communicate to the Director the information

resulting from the monitoring.

(b) The Director shall study the information received in terms of

paragraph (a) hereof for the purpose of establishing the quantum of

any proceeds of crime and of their location, and where for such

purpose he deems that any other account or accounts may need to be

monitored in order to gather information for the aforesaid purpose, he

may request the Attorney General to apply to the Criminal Court for

the issue of further monitoring orders in respect of such accounts.

(1) Where the Attorney General has reasonable cause to Investigation

suspect that a person is guilty of a relevant offence, the Attorney order.

General may apply to the Criminal Court for an Order (hereinafter

referred to as an "Investigation Order") requiring that a person or

persons named in the Order who may be in possession of particular

material or material of a particular description which is likely to be of

substantial value (whether alone or together with other material) to the

investigation or, in connection with the suspect, shall produce or grant

access to such material to the applicant, and by virtue of such an

Investigation Order, the applicant or any person authorised by him

shall have power to enter any house, building or enclosure for the

purpose of searching for such material.

(2) The provisions of article 16 shall mutatis mutandis apply with

regard to an Investigation Order.

(3) Where the material subject to an Investigation Order consists

of information contained in a computer, the Investigation Order shall

have effect as an order to produce or give access to such material in a

form in which it can be taken away and in which it is visible and

legible.

(4) Where in the course of an investigation, pursuant to an order

under this article, the person conducting the investigation has reason to

believe that any person may have information regarding a relevant

offence, the person conducting the investigation shall request a

Magistrate to hear such person on oath, and the Magistrate shall

forthwith hear the person on oath and draw up a procès-verbal

containing such testimony, and the procès-verbal so drawn up and the

evidence therein recorded shall have the same probatory value as a

procès-verbal drawn up and evidence recorded in procedures pursuant

to Title II of Part II of Book Second of the Criminal Code.

(5) Sub-article (2) of article 33 shall apply to an application for

the issue of an Investigation Order and to the decision of the Criminal

Court with regard to any such application.

(6) Where an Investigation Order has been carried out, a report of

the result of the investigation shall also be made available to the

Director.

(7) (a) Where it appears to the Attorney General that an

Investigation Order may lead to the discovery of material constituting

proceeds of crime or information as to their location, he may request

the court that the person conducting the investigation be accompanied

by the Director.

(b) The Director may, when accompanying the person conducting

the investigation, enter any house, building or enclosure, or boarding a

craft or vehicle subject to the investigation, in accordance with sub-

article (1), make a record of any material in such house, building or

enclosure or on board the craft or inside the vehicle that may constitute

proceeds of crime, and shall for such purpose have any such material

photographed, weighed, measured and valued by experts.

(c) Where the presence of the Director has not been requested by

the Attorney General in accordance with paragraph (a) of this sub-

article and the need for the Director to enter any house, building or

enclosure or to board any craft or vehicle or to conduct any operation

as mentioned in paragraph (b) hereof results to the Attorney General

after the Investigation Order has been carried out, or the Director

informs the Attorney General of such need following the receipt of a

report made available to him in accordance with sub-article (6) hereof,

the Attorney General may request the Court to authorise the person

conducting the investigation to again enter such house, building or

enclosure, or to board such craft or enter such vehicle accompanied by

the Director for the purpose of conducting the operations as are

mentioned in paragraph (b).

(1) Where the Attorney General has reasonable cause to Attachment

believe that a person (hereinafter referred to as "the suspect") is guilty Order.

of a relevant offence, he may apply to the Criminal Court for an order

(hereinafter referred to as an "Attachment Order")

(a) attaching in the hands of such persons, or in the

hands of third parties having custody of the property of such

persons, as are mentioned in the application (hereinafter referred

to as "the garnishees") all moneys or other movable property due

to or pertaining to the suspect or used by the suspect;

(b) requiring the garnishees to declare in writing to the

Attorney General and the Director, not later than twenty-four

(24) hours from the time of service of the order, the nature and

source of all moneys and other movable property so attached;

and

(c) prohibiting the suspect from transferring or otherwise

disposing of any movable or immovable property.

(2) Before making an Attachment Order, the Criminal Court may

require to hear the Attorney General in chambers and shall not make

such an Order unless it concurs with him that there is a reasonable

cause as provided in sub-article (1).

(3) The provisions of article 381(1)(a), (b), (e) and (2) and article

382(1) of the Code of Organization and Civil Procedure shall mutatis Cap. 12.

mutandis apply to the Attachment Order whether issued under this Act

or under any other law in Part One of the Schedule.

(4) (a) An Attachment Order shall be served on the garnishees

and on the suspect by an officer of the Executive Police.

(b) An Attachment Order may also be served on the garnishees by

electronic mail. Where it is so served, the garnishee shall, not later

than one (1) working day from such service, acknowledge receipt by

return electronic mail, and in default of such acknowledgement, a copy

of the Order shall, without prejudice to the validity of the service by

electronic means, be served on the garnishee by an officer of the

Executive Police.

(c) Unless the Criminal Court otherwise directs, an Attachment

Order shall be served without prior notice to the garnishee.

(5) An Attachment Order shall, unless it is revoked earlier by the

Attorney General by notice in writing served on the suspect and the

garnishee, cease to be operative on the expiration of six (6) months

from the date it is made, and the Criminal Court shall not make another

Attachment Order with respect to the suspect unless it is satisfied that

there is substantially new information with regard to the relative

relevant offence

Provided that the Criminal Court may, upon an application of

the Attorney General, where it is satisfied that sufficient grounds exist,

extend the validity of an Attachment Order for one further period of

six(6) months.

(6) Where during the period of validity of an Attachment Order,

whether original or extended, the suspect absconds or is for any other

reason away from the island, the period of time during which the

suspect is away from the island shall be added to the period of validity

of the Attachment Order.

(7) Where the Attorney General applies for the issue of an

Attachment Order as provided in sub-article (1), he may request the

Court issuing the Order to authorise the Director to accompany the

person serving the Attachment Order on the suspect, and upon the

service of the Order on the suspect the Director shall have the right, to

enter, accompanied by an officer of the Executive Police into any

house, building or other enclosure or board any craft or enter any

vehicle, belonging to or used by the suspect, or wherein it is suspected

that the suspect may have property or other assets constituting

property subject to confiscation, and thereat make a record of any

material that may constitute such property. The Director may for such

purpose have such material photographed, weighed, measured and

valued by experts.

(8) The Director may moreover remove and take possession of

any material referred to in the previous sub-article, and such material

shall remain attached by the Order in the hand of the Director during

the period of validity of the Attachment Order

Provided that where the Director takes possession of any

material as aforesaid he shall not later than one (1) week of taking such

possession inform the Criminal Court of such taking of possession and

request its authority to continue to keep possession of the material

during the period of validity of the Attachment Order. The application

of the Director shall be served on the suspect and on any person from

whose possession the material was removed. The Criminal Court shall

decide the application by decree, and where in its decree it refuses to

grant the request of the Director, in whole or in part, the Director shall

within a term of not more than one (1) week return the material to

which the refusal refers, to the person from whose possession it was

removed

Provided further that any material to which the refusal refers,

shall, unless the said court in its decree otherwise decides, remain

subject to the Attachment Order referred to sub-article (1).

(9) Where the Attorney General in a request referred to in sub-

article (7) omits to request that the Director accompanies the person

serving the Attachment Order as therein provided, the Director may at

any time during the subsistence of the Attachment Order request the

Criminal Court to authorise him accompanied by an officer of the

Executive Police to enter any house, building or enclosure or to board

any craft or vehicle as is referred to in the said sub-article (7) and

therein conduct the operations referred to in the said sub-article. The

provisions of sub-article (8) shall also apply in the case of an entry by

the Director authorised under this sub-article.

(10) (a) Where any material is attached in the hands of a

garnishee in virtue of an Attachment Order issued in terms of this

article, the Director may request the Criminal Court to order the

garnishee to transfer all or any material attached in the hands of the

garnishee, to the possession of the Director, within such time as the

said court may in its decree prescribe, and upon such transfer such

material shall remain subject to the Attachment Order in the hands of

the Director.

(b) Failure by any person to abide by an Order issued under this

sub-article shall constitute contempt of Court and shall be punishable

as such by the Criminal Court

Provided that any punishment that the said court may impose

shall not release the person disobeying such Order from any liability

for damages that his failure to comply with the Order may incur in

favour of any persons.

(11) (a) Where a commercial going concern or a body corporate

is subject to an Attachment Order, the totality of the assets of the going

concern, including licences and goodwill are to be preserved and shall

not be transferred, and subject to the following provisions of this sub-

article the going concern or a body corporate shall continue to do

business.

(b) Where a commercial going concern or a body corporate has

been attached by an Attachment Order the Criminal Court may on

application made by the Director and after hearing the suspect, appoint

an Administrator generally for the better preservation of the asset of

the going concern or a body corporate and in particular to provide for

its administration. The provision of article 848B of the Code of Cap. 12.

Organization and Civil Procedure shall apply with regard to an

application and the appointment of an administrator under this sub-

article.

(12) Where the property subject to an Attachment Order is of a

perishable nature, the person holding the property shall without further

authorisation sell such property, and the Attachment Order shall

continue to apply with respect to proceeds of such sale.

(13) The Director is bound to exercise for the safekeeping of any

property subject to an Attachment Order, held in his possession, such

care as is exercised by a bonus paterfamilias.

(1) Where a person is charged with a relevant offence, the

Court shall at the request of the prosecution make an Order

(hereinafter referred to as a "Seizing and Freezing Order")

(a) attaching in the hands of third parties in general all

moneys and other movable property due to or pertaining or

belonging to the accused; and

(b) prohibiting the accused from transferring, pledging,

hypothecating or otherwise changing or disposing of any

immovable or movable property owned or otherwise held by

him

Provided that the Court shall on the application of the accused

served on the prosecution and the Director determine what moneys

may be paid to or received by the accused during the subsistence of

such order, specifying the source, manner and other modalities of

payment, including salary, wages, pension and social security benefits

payable to the accused, to allow him and his family a decent living in

the amount, where the means permit six hundred euro (€600) every

fifteen (15) days. In no event, however, may such payments be made

from funds which there is reasonable cause to believe were taken

unlawfully from victims of crime who would stand to recover such

property if the accused is convicted.

(2) A Seizure and Freezing Order shall be immediately served

upon the Director and shall

(a) become operative and binding on all third parties

immediately when it is made and the Director shall cause a

notice thereof to be published without delay in the Gazette and

also cause a copy thereof to be registered in the Public Registry,

the Land Registry and any other registry established by law for

the registration of property of any kind. A copy of such order

shall also be served on any person who the prosecution or the

Director may indicate; 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) For the purposes of paragraph (b) of sub-article (2), a sentence

shall be deemed to be executed when the procedures set out in Part V

for the purposes of establishing how much the person convicted has

benefited from the proceeds of crime, and for the recovery of such

proceeds have been terminated.

(4) The Court may, on the application of any interested party,

when circumstances so warrant, vary such order, and the provisions of

the foregoing sub-article shall apply to such order as varied.

(5) Every such order shall contain the name and surname of the

accused, his profession, trade or other status, father’s name, mother’s

name and maiden surname, place of birth and place of residence and a

legally valid identification number, if any.

(6) 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 the order, be deposited in a bank to the credit of the

accused. Upon the deposit as aforesaid, the order shall apply with

regard to the deposit so made.

(7) Where such order ceases to be in force as provided in sub-

article (2)(b), the Director shall cause a notice to that effect to be

registered in the Public Registry and in the other registries referred to

in sub-article (2)(a) and sub-article (3), and publish a notice to that

effect in the Gazette. A copy of such notice shall also be served on any

person who had been served with a copy of the Seizing and Freezing

Order in accordance with sub-article (2)(a).

(8) Where the Court does not proceed forthwith to make an order

as required under sub-article (1), the Court shall forthwith make a

temporary Seizure and Freezing Order having the same effect as an

order made under the preceding provisions of this article. The

Temporary Seizing and Freezing Order made under this sub-article

shall remain in force until such time as the Court makes the order

required by that sub-article or until the Criminal Court shall have

determined an application in accordance with sub-article (9) or until

the said Criminal Court has not revoked it in accordance with sub-

article (10)

Provided that a Temporary Seizing and Freezing Order shall

not remain in force beyond the time when a Seizing and Freezing

Order would in accordance with sub-article (2)(b) cease to be in force.

(9) Where for any reason whatsoever the Court denies a request

made by the prosecution for an order under sub-article (1), the

Attorney General may within three (3) working days from the date of

the Court’s decision apply to the Criminal Court to make the required

order and the provisions of this article shall apply mutatis mutandis to

the order made by the Court under this sub-article as if it were an order

made by the Criminal Court under sub-article (1).

(10) The person charged may, within three (3) working days from

the making of the order under sub-article (8), apply to the Criminal

Court for the revocation of the Temporary Seizing and Freezing Order.

(11) The provisions of sub-articles (7) to (13) of article 35 shall

mutatis mutandis apply in the case of a Seizing and Freezing Order

made under this article.

Where after a person has been charged with a relevant

offence, such person absconds, or dies, or where because of his illness

procedures against him cannot be brought to a conclusion, any order

made by a Court under this Part of this Act shall upon an application

made for the purpose to that effect by the Attorney General or by the

Director remain in force until procedures in terms of article 42 have

been concluded by the Civil Court (Asset Recovery Section) .

PART V

Special Procedures Before The Civil Court (Asset Recovery Section)

(1) Where a person has been convicted of a relevant

offence, the Director may by application before the Civil Court (Asset

Recovery Section) served on the person convicted or his lawful

representative (hereinafter referred to as "convicted person") request

the said Court to determine what property is subject to confiscation,

including the amount of the proceeds of the crime committed by the

convicted person.

(2) The application referred to in sub-article (1) shall be filed not

later than one (1) year from the date when the judgment finding the

guilt of the convicted person has become res judicata.

(3) The application referred to in sub-article (2) shall contain a

reference to the judgment finding the guilt of the convicted person, the

facts of the case, as well as the names of the witnesses in support of the

application as well as the facts that are sought to be established by the

evidence of each such witnesses, as well as a list of all documents in

support of the application.

(4) The Director shall also attach to the application a list of

property of any description which he claims belongs to the convicted

person whether that property is held in the name of such person or in

the name of others and wherever it is held, together with a statement

showing what in his opinion is the amount of the proceeds of crime

committed by the convicted person

Provided that where the relevant offence referred to in sub-

article (1) is an offence against the Dangerous Drugs Ordinance, the Cap. 101.

Medical and Kindred Professions Ordinance or the Prevention of Cap.

31. Money Laundering Act, then without prejudice to the application of

the provisions of those Acts all property owned by the person

convicted shall unless otherwise proved be deemed to be proceeds of

crime.

(5) The convicted person shall in his reply to the application of

the Director state whether and to what extent he accepts the claims of

the Director. The reply shall moreover contain a list of witnesses in

support of his case as well as the facts that are sought to be established

by their evidence as well as a list of all documents in support of the

application.

(6) The convicted person shall moreover produce a list of all his

property of any description and whether it is held in his name or in the

name of others, and whether it is held in Malta or abroad, together with

a statement showing what in his opinion is the amount of gain, if any,

made through proceeds of crime.

(7) Where property is found to belong to the convicted person but

has not been included in the statement made by him in terms of sub-

article (6), such property shall be forfeited to the Government.

(8) A declaration of the forfeiture of any property as is referred to

in sub-article (7) shall be made in the judgment on the application, if

the existence of such property is established during the course of the

procedures on the application. Where such property is discovered after

these proceedings are finalised, the Director may, at any time but not

later than six (6) years after the end of the said proceedings by

application before the Civil Court (Asset Recovery Section), request

the said Court to declare such property forfeited to the Government

and the provisions of this article shall mutatis mutandis apply to any

application or applications made after the end of the original

proceedings.

(9) The Minister may from time to time make regulations

establishing in general the manner in which the list of property is to be

drawn up in terms of sub-articles (4) and (6) and in particular shall

state what category of items shall be listed separately and which may

be grouped together.

(10) Nothing in this article shall preclude the Director and the

convicted person from coming to an agreement as to the proceeds of

crime obtained by the convicted person. Such agreement shall be

recorded in a public deed whereby the sum so agreed shall constitute a

civil debt owed by the convicted person to the Government.

(11) (a) The judgment of the Civil Court (Asset Recovery

Section) declaring that specific property is property subject to

confiscation shall constitute a confiscation order transferring the title

to such property to the Government of Malta.

(b) If the Civil Court (Asset Recovery Section) finds that the

convicted person obtained proceeds of crime in excess of the proceeds

of crime included in the specific property confiscated in accordance

with paragraph (a), the judgment shall declare the said convicted

person to be the debtor of the Government to the extent of the

difference between the specific property confiscated as the proceeds of

crime and the total proceeds of crime the said person obtained, directly

or indirectly, from the offence.

(c) To the extent that the property found to be subject to

confiscation includes property other than the proceeds of crime, the

Court must ensure that the confiscation of such property is not grossly

disproportional to the gravity of the offence or offences giving rise to

the confiscation order.

(d) Where more than one person is convicted of an offence, each

convicted person is jointly and severally liable for the total proceeds of

crime obtained by any of them, except that

(i) the Government may not recover more than the total

proceeds of the offence, and

(ii) in the case of a convicted person whose role in the

offence was incidental in comparison with the roles of the other

convicted persons, the court must consider the extent to which

making such person jointly and severally liable for the total

proceeds of the crime would be grossly disproportional to his

role in the offence.

(1) Where any person claims that he is the owner of any

property subject to a Seizing and Freezing Order in accordance with

Part IV, or claims that he has rights over such property, or claims that

he is the owner of any property subject to confiscation in accordance

with article 38, that person may apply to the Civil Court (Asset

Recovery Section) to declare that the said property belongs to him, or

that he has the rights claimed over such property, and the Court shall,

upon being satisfied through the proof produced by such person that

the applicant is the owner of the property, as that term is defined in

article 2, declare the property to belong to the applicant and no longer

subject to the Seizing, Freezing or Confiscation Order, and where the

Court is in like manner satisfied that the applicant has rights over the

property, it shall declare the property seized, frozen or confiscated as

being subject to those rights.

(2) (a) The Court shall not be satisfied that any property which

was in the possession of, or enjoyed by the convicted person, belongs

to the applicant, if the title to that property was required by law to be

registered, and was not, without just cause to be proved by the

applicant registered before the commencement of proceedings against

the convicted person.

(b) The provision of paragraph (a) shall also apply where the title

was registered before the commencement of proceedings, but after a

date when the convicted person knew, or reasonably may be presumed

to have known, that he was being investigated or prosecuted.

(3) (a) If the property is found to be the proceeds of crime, no

third-party objection to the Seizing, Freezing or Confiscation of the

property may be made except for the objection of a bona fide

purchaser for value as described in sub-article (4).

(b) Without prejudice to any proceedings which may be taken for

non-conviction based confiscation under Part VIII, if the property is

facilitating property or is property involved in a money laundering

offense other than the proceeds of crime, no third-party objection to

the Seizing, Freezing or Confiscation of the property may be made

except for the objection of a bona fide purchaser for value as described

in sub-article (4), or of a third-party who was the owner of the property

before or at the time of the offence giving rise to the Seizing, Freezing

or Confiscation of the property

(4) Where the applicant claims that he acquired the property or

right thereon by onerous title or in a commercial transaction, he shall

be required to prove that he paid the fair price thereof in an arm’s

length transaction, and that he has no reason to believe that the

property was subject to confiscation at the time that he acquired his

interest in it.

(5) Where the property consists of immovables and the applicant

claims that there is a promise of sale relative to it, made prior to the

proceedings which led to the conviction of the convicted person, the

Civil Court (Asset Recovery Section) shall at the choice of the

Director

(a) allow the sale to proceed on condition that the

proceeds of the sale shall be deposited by the applicant in the

registry of the Civil Court (Asset Recovery Section) and the sum

so deposited shall be subject to the Seizing and Freezing Order,

in lieu of the property sold in accordance with the promise of

sale agreement; or

(b) give the Director the right to have the property

transferred to the name of the Government, on the same terms as

provided in the promise of sale, on condition that the Director

pays to the applicant a fair and reasonable compensation not

being more than five percent (5%) of the price for the transfer as

agreed to in the promise of sale, as the Court may determine.

(6) In its assessment of the proof brought by a third party

claiming property or rights thereon in accordance with this article, due

regard shall be given by the Court of the family, business or other

relationship between the convicted person and the applicant, the use

being made of the property including the identity of the person who

exercised dominion and control over the property, the identity of the

person who paid the insurance, taxes, and maintenance expenses of the

property and the source of such payments, the means of the person

claiming the property, and all other circumstances that may affect the

credibility of the claim.

(1) Where it appears to the Director that any property in the

hands of or in the name of a person, other than the convicted person, in

fact belongs to the convicted person and not to the person holding the

property or in whose name it is held, the said Director may by

application filed in the Civil Court (Asset Recovery Section) against

the person holding the property or in whose name it is held request the

said Court to declare that the property does not belong to such person

but to the convicted person.

(2) The Director shall produce all evidence in support of his

request and the provisions of sub-article (6) of article 39 shall be

applied by the Court in assessing the evidence brought before it.

(3) The Director may not make an application under this section

after the lapse of ten (10) years from the date of the judgment

convicting the convicted person of the relevant offence or from the

date on which it is established that the proceedings cannot be

concluded because of the death or illness of the accused or because the

accused has absconded.

(4) Where the property subject to confiscation is jointly owned by

the convicted person and a third party, the court shall determine the

most effective means of allowing the government to confiscate the

interest of the convicted person without prejudice to the rights of the

third party. Such means may include ordering the sale of the property

and the division of the proceeds of the sale between the Government

and the third party.

(1) Applications in terms of the proviso to paragraph (b) of Determination

sub-article (1) of article 36 and in terms of sub-article (4) of the said of

payments.

article shall be served on the Director and, unless the applicant is not

the accused, on the accused. Such applications shall be heard with

urgency and the Criminal Court may order that the terms for any reply

or other procedures be shortened.

(2) In determining whether a sum of not more than six hundred

euro (€600) every fifteen (15) days be allowed to be paid to the

accused in terms of the said proviso to paragraph (b) of sub-article (1)

of article 36, the Court shall take into consideration the actual needs of

the accused and the availability of other means for his subsistence.

(1) Where after a person has been charged with a relevant Where accused

offence, such person absconds or dies, or where because of his illness absconds etc.

proceedings against him cannot be brought to a conclusion, the

Director may bring an action before the Civil Court (Asset Recovery

Section) to declare that on the basis of the evidence produced before

the Court by the Director, the trial, had it come to a conclusion, would

have resulted in a conviction.

(2) An action for a declaration in accordance with sub-article (1)

may also be brought where the suspected person has not been charged,

because he dies or absconds before the prosecution may charge him

Provided that no action may be commenced on the basis of

this article, after the lapse of six (6) years from the date of death of the

suspected person, or the date when it is discovered that he has

absconded.

(3) An action on the basis of sub-articles (1) and (2) shall be

brought against the heirs of the accused, if dead, or against curators

nominated to represent the accused or, where applicable the accused’s

lawful representative who may in each case produce such witnesses

and produce all evidence at their disposal to rebut the claims of the

Director.

(4) A declaration in terms of sub-articles (1) and (2) shall, for the

purposes of article 38, be deemed to be a conviction, but shall not give

rise to consequences of a criminal nature.

(5)

For the purposes of an action under article 38 on the basis of a

judgment in terms of this article, the term of one year referred to in

sub-article (2) of the said article 38 shall run from the date when the

judgment in the action in accordance with sub-articles (1) and (2) has

become res judicata.

PART VI

Non-conviction Based Confiscation

(1) Without prejudice to sub-article (2), this Part establishes

preventive measures consisting of non-conviction based confiscation,

which provide for the recovery of property subject to confiscation in

situations where, in the judgment of the Attorney General, it is not

necessary or rather it is not appropriate to recover such property

through non-conviction based confiscation as part of a criminal

prosecution, in any of the following cases

(a)

where the perpetrator absconds or is not in Malta;

(b)

where the perpetrator is dead; or

(c) where the perpetrator dies prior to the conclusion of

the criminal proceedings.

(2) Property subject to confiscation under this part of this Act is

property which, in any of the cases referred to in sub-article (1), is the

proceeds derived from the following categories of crimes

(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 the Prevention of Money

Laundering Act;

(b) terrorism, and funding of terrorism, money

laundering, illegal dealing in arms and armaments, trafficking of

persons, and any other crime liable in Malta to a punishment of

imprisonment of not less than ten (10) years;

(c) any crime committed within the framework of a

criminal organisation within the meaning of Council Framework

Decision 2008/841 JHA of the 24 th October 2008 on the fight

against Organised Crime.

(d)

violation of United Nations sanctions.

(1) The Civil Court (Asset Recovery Section) shall be Competence of

competent to hear and determine all matters arising under this Part if the

(Asset Recovery

the property subject to confiscation is found in Malta or if the offence Section).

giving rise to the confiscation occurred in Malta.

(2) Actions under this Part shall be actions in rem against the

property subject to confiscation and not against individuals. The

burden of proof required in proceedings under this Part shall be that

applicable in civil law proceedings.

(3) The Government may commence an action under this Part to

recover any property subject to confiscation. In such a proceeding, the

Government is the plaintiff, the property shall be designated as the res

subject to confiscation, and persons contesting the confiscation are

interveners who may intervene in the action upon showing that they

have an ownership interest in the property.

(4) The burden of proof shall be on the intervener to establish an

ownership interest in the property and to establish any affirmative

defence under article 59. Otherwise, the burden of proof shall be on

the Government.

Public authorities implementing this Part shall be guided by Principles.

the following principles

(a) the respect for fundamental human rights and

freedoms as enshrined in the Constitution of Malta and in the Cap. 319.

European Convention Act;

(b) the use of preventive measures consisting of non-

conviction based confiscation of property provided in this Part

shall be subject to the requirements of necessity in a democratic

society and proportionality;

(c)

confidentiality in conducting

any

special

arrangements provided for by this Part;

(d)

increasing and protecting public security and

preventing unjustified enrichment from criminal activity.

(1) Preventive measures provided for under this Part shall Relation to

other

be applicable in combination or separately.

proceedings.

(2) The procedure for implementing preventive measures

provided for under this Part is independent of the institution of

criminal proceedings but may be employed in conjunction with or

parallel to criminal proceedings.

(3) If a property frozen or confiscated under this Part is also

subject to freezing or confiscation under any criminal law in a pending

criminal case, the Civil Court (Asset Recovery Section) shall order the

suspension of the freezing or confiscation under this Part, either ex

officio or at request of the Attorney General or of any interested party.

The suspension shall end when the Civil Court (Asset Recovery

Section) rules on the withdrawal or the extinction of the measure

which gave rise to the suspension.

Any property subject to confiscation which is the proceeds of

a crime, as specified in article 43, whether such crime was committed

in Malta or outside Malta, shall be confiscated by the Government in

accordance with this Part and with the procedure provided in the

following articles 48 to 51 (inclusive).

(1) The Government may commence an action under this

Part by filing an application for Confiscation in the Civil Court (Asset

Recovery Section)

(a) at the time it files its application, the Government

must provide notice thereof to any person who appears to have

an ownership interest in the property subject to confiscation.

Where such parties are known and are present in Malta, the

Court shall order that they be served with the said notice by an

officer of the court;

(b) if the Government is unable to obtain a valid address

for a person entitled to notice under paragraph (a), it must

provide notice by publication in the Gazette and in two (2) daily

newspapers or on the internet in such manner as the Court may

direct.

(2) A party contesting the confiscation of the property ("the

intervener") must file a reply setting forth his ownership interest in the

property and the time and manner in which he acquired such interest.

The reply must be filed within thirty (30) days of the date when the

Government served or published notice of the application for

confiscation or such other time as the Court may direct.

(3) At any time before or after the filing of an application for

confiscation, the Government may seek to seize or freeze property

subject to confiscation pursuant to article 36 which shall apply mutatis

mutandis to this Part.

(4) If the Government contests the reply of any intervener for

failure to establish an ownership interest in the property, the Court

must rule on that motion before ruling on any other matter.

Notwithstanding the title to the property, the Court shall not be

satisfied that a third party has an ownership interest in the property if it

finds that the third party is a nominee who did not exercise effective

dominion and control over the property or otherwise exhibits the rights

of ownership consistent with true ownership.

(5) (a) If no one files a valid claim to the property in the form

of a reply to the application, the Court must enter a Confiscation Order

upon finding that the Government complied with the procedure for

providing notice to potential claimants.

(b) Otherwise, the Court must enter a Confiscation Order if it

determines on a balance of the probabilities that the Government has

established that the property is subject to confiscation, and that no

intervener person claiming a title or other right over the property has

established an affirmative defence pursuant to article 59.

(6) To the extent that the property subject to confiscation includes

property other than the proceeds of crime, the Court must ensure that

the confiscation of such property is not grossly disproportional to the

gravity of the offence or offences giving rise to the confiscation order.

(1) If the Court finds that the Government has met its Third party

burden of showing that the property is subject to confiscation, the defences.

intervener may show that he is an owner of the property and that the

property should be exempt from confiscation for one of the following

reasons

(a) that the intervener acquired his ownership interest in

the property as a bona fide purchaser for value as described in

article 39(4); or

(b) if the property is facilitating property or is property

involved in a money laundering offence other than the proceeds

of crime, that the intervener was the owner of the property before

or at the time of the offence giving rise to the confiscation of the

property and did not know of the illegal use of the property, or

upon learning of the illegal use, took all reasonable steps to

prevent it.

(2) The intervener bears the burden of proof on the affirmative

defences described in sub-article (1).

(1) The decision acceding or disallowing the confiscation Judicial review

shall be revised by the issuing court at the request of the proposing of

confiscation.

authority, or at request of any other interested party, within five (5)

years from when it becomes final when

(a)

new evidence is presented which, had it been

adduced at the trial, would have been decisive for the ruling;

(b) new facts and evidence are discovered which would

preclude the existence of conditions for the application of the

confiscation measure;

(c) the confiscation ruling was based on deceptive or

false evidence.

(2) The revision process shall be carried out by the Court which

issued the confiscation decision presided by a different judge or

judges.

(1) The property confiscated by court ruling, pursuant to

this Part, shall be transferred to the Government when the confiscation

ruling becomes final.

(2) The registrar of the competent court shall transmit the final

confiscation ruling to the Bureau within three (3) days.

(3) In the event that the final confiscation ruling is later

overturned, the owner or the possessor of the property shall be

compensated within the limits of the property market value.

In order to guarantee public safety and the proportionality of

any preventive measure, all decisions and actions taken by the

authorities pursuant to this Part shall be treated with priority, without

unjustified delays and within the stipulated time frames.

Judgments of the Civil Court (Asset Recovery Section) shall

be enforceable in accordance with the provisions of Title VII of Part I

of Book Second of the Code of Organization and Civil Procedure and

every person may secure his rights in any matter within the

competence of the Civil Court (Asset Recovery Section) by the issue

of precautionary acts mentioned in Title VI of Book Third of the said

Code.

PART VII

International Cooperation

The Bureau shall establish relations with equivalent

institutions outside Malta and shall in accordance with such rules of

European Union law, or in accordance with such applicable treaties,

conventions or agreements, by whatever name called, co-operate with

such institutions and collaborate and participate in such structure that

may be established under such rules, treaties, conventions or

agreements.

(1) Where pursuant to and in accordance with any treaty, Applicability of

convention or agreement, applicable to Malta, or where in accordance Part

transnational

with European Union Law, a request is made to the Attorney General affairs.

or the Director for the monitoring of any account, the investigation of

any matter, the attachment of any property or the seizure and freezing

of any property in Malta, by a judicial, prosecuting or administrative

authority of any place outside Malta, in connection with the

investigation or prosecution of an equivalent offence, or in connection

with the enforcement of a judgment relative to an equivalent offence,

the Attorney General or the Director as the case may be may request

the Criminal Court to make a Monitoring Order, or an Investigation

Order, an Attachment Order and, or, a Seizing and Freezing Order, in

accordance with and having all the effects as provided in Part IV as if

the equivalent offence were a relevant offence.

(2) For the purpose of this Part an "equivalent offence" is an

offence under the law of the judicial, prosecuting or administrative

authority making the request, by whatever name called, which had it

been committed in Malta would constitute a relevant offence.

(1) A confiscation order made by a court outside Malta Foreign

shall be enforceable in Malta in accordance with the following confiscation

orders.

provisions of this article.

(2) Where the Director in accordance with European Union Law

or with such applicable treaties, conventions or agreements, applicable

to Malta by whatever name called, receives a request by a judicial or

prosecuting authority of any place outside Malta for the enforcement

in Malta of a Confiscation Order made by a competent court of

criminal or civil jurisdiction in that place (hereinafter referred to as a

"Foreign Confiscation Order") the Director may bring an action in the

Civil Court (Asset Recovery Section) by an application containing a

demand that the enforcement in Malta of the Foreign Confiscation

Order be ordered.

(3) The Director shall attach to the application a copy of the

relevant Foreign Confiscation Order, (and where such order is in a

language other than Maltese or English, together with a translation of

the Order into Maltese or English) together with such documents in

support of the demand as it may be in his power 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 application shall be served on the person whose property

the Foreign Confiscation Order purports to confiscate who shall file

his reply within fifteen (15) days after the date of the service of the

application. The reply shall contain a list of the witnesses which the

respondent intends to produce stating in respect of each the proof

which he intends to make and such documents as it may be in his

power to produce.

(5) 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

(30) days from the date of filing of the application or the date of its

service in accordance with sub-article (4), whichever is the later.

(6) In entering orders to enforce the Foreign Confiscation Order,

the Court shall be bound by the findings of fact to the extent that they

are stated in the foreign order. The Court, however, shall not order the

enforcement in Malta of the Foreign Confiscation Order if

(a) the respondent was not notified of the proceedings

which led to the making of the relevant Foreign Confiscation

Order, and did not have an adequate opportunity to contest the

making of the said Order;

(b) the Foreign Confiscation Order was obtained by

fraud on the part of any person to the prejudice of the

respondent;

(c) the Foreign Confiscation Order contains any

disposition contrary to the public policy or the internal public

law of Malta; or

(d) the

Foreign

Confiscation

Order

contains

contradictory dispositions;

(e) the Foreign Confiscation Order is based on a

manifest error of law or of fact.

(7) A decision by the Court ordering the enforcement of a Foreign

Confiscation Order shall have the effect of confiscating in favour of

the Government of Malta all things and property whatsoever situated

in Malta the confiscation of which was ordered in the Foreign

Confiscation Order, subject to any direction which the Minister may

give providing for the further disposal of the things or property so

confiscated.

(8) The decision ordering the enforcement of a Foreign

Confiscation Order which provides for the confiscation of immovable

property shall have the effect of transferring that immovable property

to the Government of Malta, and for the purposes of article 239 of the

Code of Organization and Civil Procedure the Director shall be

considered as the interested party that may obtain the registration of

the transfer.

(9) The decision ordering the enforcement of a Foreign

Confiscation Order providing for the confiscation of unspecified

property the value of which corresponds to proceeds of crime shall,

upon being registered in the Public Registry, create as from the date of

registration a general hypothec in regard to the debt amounting to the

value of such proceeds. The value of such proceeds shall be

determined by application before the Civil Court (Asset Recovery

Section) served on the owner of the property to be confiscated, in

accordance with the provisions, mutatis mutandis, of article 38.

(10) Where the Foreign Confiscation Order relates to the

confiscation of a sum of money, expressed in a currency other than the

euro, the sum to be confiscated shall be the equivalent of such sum in

euro, in accordance with the rate of exchange established by the

Central Bank of Malta, operative on the date of the decision ordering

the enforcement.

(11) The Director may, in order to secure any of the property

which the Foreign Confiscation Order refers to, or the value of such

property, apply to the Civil Court (Asset Recovery Section) for the

issue of any of the precautionary acts referred to in article 830 of the

Code of Organization and Civil Procedure.

(12) For the purposes of this article

"Confiscation Order" includes any judgment, decision,

declaration or other order made by a court outside Malta

providing or purporting to provide for the confiscation or

forfeiture of property subject to confiscation, whether conviction

based or non-conviction based;

"equivalent offence" means any act or omission by any

name called which if committed in Malta would constitute a

relevant offence; and

"proceeds of crime" has the same meaning as assigned to it

in article 3, as if any reference therein to relevant offence were a

reference to equivalent offence.

PART VIII

Regulations, Offences and Penalties

The Minister may make regulations for the better execution of Power to make

the provisions of this Act and without prejudice to the generality of the regulations.

foregoing to further regulate the executive procedures a nd

precautionary acts mentioned or referred to in this Act and in

particular to provide

(a) for the better custody of things seized in accordance

with such warrants;

(b) for the manner in which judicial sales by auction are

to be conducted and in particular the publicity given to such sales

both in Malta and abroad, the place where they are to be held, the

participation of persons in the auction by means of electronic

means, and providing for the sales to be conducted also with the

assistance of a qualified auctioneer; and

(c) for any other matter intended to secure that the best

Whosoever discloses information acquired through the

performance of his duties under this Act, other than as provided in

article 26, shall be guilty of an offence against this article and shall, on

conviction, be liable to a fine (multa) not exceeding twelve thousand

euro (€12,000) or to imprisonment not exceeding twelve (12) months

or to both such fine and imprisonment.

(1) Whosoever shall fail to provide information requested

by the Director or a member of the Directorate staff in accordance with

article 16 within the time, original or extended, as provided in that

article, shall be guilty of an offence against this Act, and shall on

conviction be liable to a fine (multa) not exceeding twelve thousand

euro (€12,000) or to imprisonment not exceeding one (1) year or to

both such fine and imprisonment.

(2) Moreover, in its judgment, the court may at the request of the

Director order the person found guilty to provide the information

within such time as it may determine in its judgment, failing which the

person so ordered shall be guilty of a further offence against this Act,

and shall be liable on conviction of a further fine (multa) of not less

than twenty five euro (€25) and not exceeding two hundred and fifty

euro (€250) for each day of delay in providing the information within

the terms as established by the court in its order.

(3) Any appeal from the judgment containing an order as

provided in sub-article (2) hereof shall not suspend the running of the

time for the provision of information, as may have been established by

the order.

Where a Monitoring Order, an Investigation Order or an

Attachment Order, has been made or applied for, whosoever, knowing

or suspecting that the monitoring or investigation is taking place or

that a Monitoring Order, an Investigation Order or an Attachment

Order has been made or applied for, or makes any disclosure likely to

prejudice the monitoring operation, or the investigation or the

operation of the Attachment Order shall be guilty of an offence against

this article and shall, on conviction, be liable to a fine (multa) not

exceeding twelve thousand euro (€12,000) or to imprisonment not

exceeding twelve (12) months or to both such fine and imprisonment

Provided that in proceedings for an offence under this article

it shall be a defence for the accused to prove that he did not know or

suspect, and that in the circumstances of the case he could not

reasonably be expected to know or suspect, that the disclosure was

likely to prejudice the monitoring operation, the investigation or the

operation of the Attachment Order.

Any person who, having been ordered to produce or grant Non-compliance

access to any material in accordance with an Investigation Order shall, with

Investigation

without lawful excuse, the proof of which shall lie on him, wilfully Order.

fails or refuses to comply with the Investigation Order or who shall

wilfully hinder or obstruct any search for such material, shall be guilty

of an offence against this article and shall, on conviction, be liable to a

fine (multa) not exceeding twelve thousand euro (€12,000) or to

imprisonment not exceeding twelve (12) months or to both such fine

and imprisonment.

Any person who acts in contravention of an Attachment Order Contravention

or a Seizing and Freezing Order shall be guilty of an offence against of

Order etc.

this article and shall on conviction be liable to a fine (multa) of not

exceeding twelve thousand euro (€12,000) or to imprisonment not

exceeding twelve (12) months or to both such fine and imprisonment,

and where the offence consists in the payment, transfer or delivery to

any person by the garnishee of any moneys or other property attached

seized or frozen by the orders the fine shall in no case be less than

twice the value of the payment made or the property transferred or

delivered, even where such fine will exceed the said sum of twelve

thousand euro (€12,000).

(1) Fines inflicted in accordance with this Part shall as to Fines

one third of their amount be enforceable as and shall constitute a civil recoverable

civil debt.

debt in favour of the Government, and shall be recoverable by the

Director.

(2) Where an offence under this Part has been committed by a

person who at the time of the said offence was a director, manager or

secretary or other principal officer of a body corporate or is a person

having power of representation of such body or having authority to

take decisions on behalf of that body or having authority to exercise

control within that body and that offence was committed for the

benefit, in part or in whole, of that body corporate, the said person

shall for the purpose of this Part be vested with the legal representation

of the said body corporate which shall be liable to the payment of a

fine (multa) of not more than one hundred thousand euro (€100, 000)

Provided that where legal representation no longer vests in the

said person, for the purpose of this article, legal representation shall

vest in the person occupying the office in his stead or in such person as

is referred to in this article.

PART IX

Amendments and Transitory Provisions

Immediately after sub-article (7) of article 36 of the Code of

Organization and Civil Procedure there shall be added the following

new sub-article

"(7A) The Civil Court (Asset Recovery Section) shall

take cognisance of all claims against persons whether

natural or legal residing or having their ordinary abode or

registered office or owning assets or property of any kind

in the Island of Malta and in the Islands of Gozo and

Comino and of actions in rem, for the recovery of

proceeds of crime by the State or by an entity of the State

or for the non-conviction based confiscation of assets and

property of any kind as may be provided in any law from

time to time in force and of all other causes expressly

assigned by law to such section of the Civil Court

Provided that when the Civil Court (Asset

Recovery Section) shall take cognisance of claims

against persons, whether natural or legal, residing or

having their ordinary abode in the Islands of Gozo and

Comino it shall hold its sittings in the building of the

courts of Gozo.".

The Civil Courts (Establishment of Sections) Order shall be

amended as follows

(a) in regulation 2 thereof, the word "four" shall be

substituted by the word "five";

(b) in regulation 3 thereof, the words "the Commercial

Section" shall be substituted by the words "the Commercial

Section, the Asset Recovery Section"; and

(c)

immediately after regulation 5A thereof there shall

be added the following new regulation

5B. To the Civil Court (Asset Recovery

Section) there shall be assigned applications

relating to matters concerning the recovery of

proceeds of crime and to non-conviction based

confiscation of property by the State or by an entity

of the State as may be provided by any law from

time to time in force and all other causes expressly

assigned by law to the said section of the Civil

Court.".

The Schedule to this Act may be amended by regulations Amendments to

made by the Minister. The enactments in Part One in the Schedule to various laws.

this Act may be repealed or amended insofar as they make provision in

respect of matters also provided for in this Act in the manner as

provided in the Part Two of the said Schedule

Provided that nothing in this Act shall be interpreted as

derogating, limiting or restricting any powers provided for under the

laws listed in Part One of the Schedule.

The Dangerous Drugs Ordinance shall be amended as Amendments to

the Dangerous

Drugs

Ordinance.

(a)

article 22C thereof shall be amended as follows

(i) in sub-article (1) thereof, the words "Civil

Court, First Hall" shall be substituted by the words "Civil

Court (Asset Recovery Section)";

(ii) in sub-article (5) thereof, the words

"Commissioner of Police without delay, and the said

Commissioner" shall be substituted by the words "Asset

Recovery Bureau without delay, and the said Bureau"; and

(b)

article 24D thereof shall be amended as follows

(i) in sub-article (2) thereof, the words "First Hall

of the Court" shall be substituted by the words "Civil Court

(Asset Recovery Section)";

(ii) in sub-article (10) thereof, the words "Civil

Court, First Hall" shall be substituted by the words "Civil

Court (Asset Recovery Section)".

Article7 of the Prevention of Money Laundering Act shall be

amended as follows

(a) in sub-article (2) thereof, the words "Civil Court,

First Hall" shall be substituted by the words "Civil Court (Asset

Recovery Section)"; and

(b) in sub-article (5) thereof, the words "Commissioner

of Police without delay, and the said Commissioner" shall be

substituted by the words "Asset Recovery Bureau without delay,

and the said Bureau".

Any attachment order, freezing order, investigation order,

monitoring order, seizure or other order made in relation to any

investigation of a relevant offence or to criminal proceedings before the

coming into force of this Act shall after the coming into force of this Act

continue to have effect and to be regulated by the law under which it was

issued and shall not be affected by the provisions of this Act.

The Asset Recovery Bureau Regulations are hereby repealed

without prejudice to the continuing validity or anything done or still to

be done thereunder.