357 tal-2015 - Regolamenti tal-2015 dwar l-Uffiċċju għall-Irkupru tal-Assi

L.N. 357 of 2015

CRIMINAL CODE

(CAP. 9)

Asset Recovery Bureau Regulations, 2015

BY VIRTUE of the powers conferred by article 700 of the

Criminal Code, the Minister for Justice, Culture and Local

Government has made the following regulations:-

(1)

The title of these regulations in the Asset Recovery Citation and

commencement.

Bureau Regulations, 2015.

(2) These regulations shall come into force on such date as the

Minister may by Order in the Gazette establish and different dates

may be so established in respect of different provisions and purposes

of these regulations.

(1)

The terms used in these regulations shall, unless Interpretation.

the context otherwise requires, or unless otherwise defined in these

regulations, have the same meaning attributed to the said terms under

the Criminal Code, the Medical and Kindred Professions Ordinance, Cap. 9.

the Dangerous Drugs Ordinance and the Prevention of Money Cap. 101.

Laundering Act, as the case may be.

(2) In these regulations, unless the context otherwise requires

"benefit" includes a gain, service or advantage;

"the Board" means the Asset Recovery Bureau Board

established by regulation 11;

"the Bureau" means the Asset Recovery Bureau established by

regulation 3;

"Bureau Officer" means a Bureau Officer appointed in terms of

regulation 17;

"criminal conduct" means any conduct -

(a)

which constitutes a criminal offence or offences in

Malta; or

(b)

which occurs outside Malta and which would

constitute a criminal offence or offences outside Malta;

"Director" means the Director of the Asset Recovery Bureau;

"the European Union" means the European Union as referred to

in the Treaty;

"functions" includes powers and duties;

"instrumentalities" means any property used or intended to be

used, in any manner, wholly or in part, to commit a criminal offence;

"investigated person" means a person, natural or legal, who is

under investigation by the Executive Police or a foreign investigative

authority, or by the Asset Recovery Bureau in Malta or an equivalent

entity in any other foreign jurisdiction, and does not require to have a

previous conviction or any direct or indirect relation to a criminal

offence;

"law enforcement agency" means a national police, customs or

any other authority that is authorised by national law to detect,

prevent and investigate offences or criminal conduct and to exercise

authority and take coercive measures in the context of such offences

and conduct. The term does not however include agencies dealing

with national security, howsoever designated;

"Minister" means the Minister responsible for justice;

"proceeds of crime" means any economic advantage derived

directly or indirectly from a criminal offence; it may consist of any

form of property and includes any subsequent reinvestment or

transformation of direct proceeds and any valuable benefits, whether

before or after the coming into force of these regulations;

"property" means any property of any kind, description and of

whatsoever nature whether tangible or intangible, and includes,

without prejudice to the generality of the foregoing -

(a)

money, capital, fruits, interest, other current assets

and all other property, real or personal, immovable or movable,

or corporeal property;

(b)

incorporeal and intellectual property;

(c)

any assets, including insurance policies, shares,

funds, dividends, debentures, equity, and stock;

(d)

any property, including land, or any interest or

right in a property including legal documents or instruments

evidencing title or interest in such property;

(e)

any items of value including works of art, jewellery

or precious metals;

(f)

cash or currency deposits or accounts with any

bank, credit or other institution which carries or has carried on

business in Malta or abroad; and

(g)

any currency, whether or not it is legal tender in

Malta, bills, securities, bonds, negotiable instruments or any

other instrument capable of being negotiated including one

payable to bearer or endorsed payable to bearer in whichever

currency,

irrespective of whether such property is situated in Malta or abroad;

and irrespective by whom such property may be held;

"Registrar" means the Registrar of Courts;

"the Treaty" shall have the same meaning assigned to it by

article 2 of the European Union Act.

(1)

There is hereby established an Asset Recovery Establishment

of the Asset

Bureau.

Recovery

Bureau.

(2) The Bureau shall be a body corporate having a distinct

legal personality and shall be capable, subject to the provisions of

these regulations -

(a)

of entering into contracts, of concluding

memoranda of understanding or other agreements with any local

or foreign person, body, authority or agency;

(b)

of acquiring, holding and disposing of any kind of

property for the purposes of its functions;

(c)

of suing and being sued; and

(d)

of doing all such things and entering into all such

transactions as are incidental or conducive to the exercise or

performance of its functions under these regulations, including

the borrowing of money.

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

(4) The Director, the Deputy Director and Bureau Officers

shall abide by any Code of Ethics applicable to public officers and

shall, subject to any law to the contrary, have the obligations

thereunder.

In the exercise of its functions under these regulations and

under any other law, the Bureau shall not be subject to any direct or

indirect influence or control by any person, authority or body.

(1)

The Board shall be responsible for the policy to be

adopted by the Bureau and to be executed and pursued by the

Director, Deputy Director and Bureau Officers and to ensure that the

Director, Deputy Director and Bureau Officers carry out that policy

accordingly.

(2) The Director shall be responsible for

(a)

the implementation of the provisions of these

regulations;

(b)

the execution of the policy established by the

Board; and

(c)

carrying out all the functions of the Bureau as laid

down in these regulations, and any other function of the Bureau

not attributed to the Board by these regulations.

(3) The Director shall carry out his functions subject to the

general supervision of the Board.

(1)

The Asset Recovery Bureau shall

(a)

be entrusted with the proper and efficient tracing,

collection, storage, preservation, management and disposal,

either in whole or in part, of instrumentalities and proceeds of

crime or property the value of which corresponds to such

instrumentalities or proceeds, in favour of government;

(b)

take all necessary action for the purpose of

identification, tracing, attaching, confiscation, restraint of use,

freezing, or seizure of property identified as deriving, or

suspected to derive, directly or indirectly, from criminal

conduct;

(c)

administer, sell, transfer, exchange, dispose of in

whatever manner and deposit in the consolidated fund any

money the value whereof corresponds to such instrumentalities

and property recovered from proceeds of crime;

(d)

redeem, withdraw and cash any instrumentalities,

proceeds and property deriving from criminal conduct;

(e)

take possession in terms of this paragraph from the

Registrar of the Courts or any other competent authority of any

instrumentalities and property deriving from proceeds of crime

forfeited in terms of the Criminal Code or any other law and to Cap. 9.

dispose of those instrumentalities and proceeds of crime in

terms of these regulations;

(f)

institute

such

proceedings

to

recover

instrumentalities and proceeds of crime and to dispose of such

property in favour of government;

(g)

subject proceeds of crime to the payment of any tax

which might be due thereupon and making the necessary

payment to the competent authority;

(h)

request any garnishee, who is in receipt of or

controls money or other movable or immovable property which

is subject to an attachment order or to a freezing order, to

forthwith pass on that property to the Director following an

order to that effect issued by the Criminal Court at the request of

the Attorney General or the Director

Provided that in the case of immovable property

the order together with its registration in the Public Registry and

the Land Registry shall be sufficient to transfer the ownership of

the immovable property onto the Director;

(i)

compile at regular intervals an inventory of all the

property under its control;

(j)

assist the Auditor General in carrying out annual

audits of its property and the administration thereof;

(k)

administer property attached or seized, frozen and

confiscated in terms of the provisions of the Criminal Code or Cap. 9.

of any other law;

(l)

regularly collect and maintain comprehensive

statistics from relevant authorities which shall include

(i) the number of investigation, attachment,

freezing and confiscation orders issued under the Criminal Cap. 9.

Code or under any other law;

(ii) the estimated value of property attached,

seized or frozen, at the time the issue of the attachment or

freezing order;

(iii) the estimated value of property recovered at

the time of confiscation,

and it shall be the duty of the Registrar of Courts, the

Commissioner of Police and any other relevant authority to

submit to the Director the information mentioned in this

paragraph for the purposes of the compilation of the above

statistics;

(m)

carry out any other action incidental, consequential

or ancillary to the above, and

(n)

perform such other additional functions as the

Minister may by regulations confer upon the Bureau.

(2) Once instrumentalities are confiscated in terms of article

23 of the Criminal Code and proceeds of crime have been attached,

seized or frozen or confiscated in terms of the Criminal Code or any

other law, the Asset Recovery Bureau shall be responsible for their

management and, in the case of forfeiture of the instrumentalities and

proceeds of crime, their disposal. The said instrumentalities and

proceeds of crime shall be passed on by the person in whose

possession they might be to the Director, at the latter’s request,

without undue delay and without the need of further formalities at law

or compliance with the provisions of any law, other than an order to

that effect issued by the Criminal Court.

(3) Any court of criminal jurisdiction which attaches, seizes,

freezes or confiscates instrumentalities and proceeds of crime

deriving from criminal conduct under any law shall henceforth inform

the Assets Recovery Bureau of such attachment, freezing and

confiscation so that the said Bureau may comply with its legal

obligations under these regulations, and, saving the provisions of the

Criminal Code or any other law providing for enquiries to be made by

the Registrar of Courts, the Registrar may delegate such function to

the Bureau.

(4) The Director shall ensure that profits or benefits from

criminal conduct are subject to tax in terms of law.

(1)

The Bureau, its Director, Deputy Director and

Bureau Officers, shall be authorized to exercise any such powers as

may be exercised by the Commissioner of Police and by the

Commissioner for Revenue as may be necessary for the purpose of

these regulations

Provided that the said powers shall be exercised only in

conjunction with and under the supervision of the Commissioner of

Police or the Commissioner for Revenue, as the case may be.

(2) Subject to the provisions of these regulations, the Bureau

shall have the following powers

(a)

the identification of the instrumentalities and

proceeds of crime, wherever situated, which derive or are

suspected to derive, directly or indirectly, from criminal

conduct;

(b)

the taking of appropriate action in terms of law to

deprive or to deny a person of the instrumentalities and

proceeds of crime or the benefit of such instrumentalities and

proceeds of crime, in whole or in part, as may be appropriate;

and

(c)

the pursuit of any investigation or the doing of any

other preparatory work in relation to any proceedings arising

from the objectives mentioned in paragraphs (a) and (b).

(3) Pursuant to the performance of its mission in terms of

these regulations, the Bureau shall

(a)

provide a centralized and computerized

management of data relating to its various responsibilities under

these regulations;

(b)

assist any other competent authority in relation to

matters provided for in these regulations;

(c)

sell attached, seized or frozen property, at any time

before final judgement is pronounced, after authorization from

the Criminal Court is obtained;

(d)

take charge of the administration of attached,

seized or frozen property, following an order to that effect by

the Criminal Court.

(4) The Bureau or any person, natural or legal, contracted by

and on behalf of the Bureau, may

(a)

hold accounts with any bank;

(b)

at the request and in consultation with the

investigated person, the Bureau, or any person or body of

persons contracted by and on behalf of the Bureau, may invest

any property as approved by the Criminal Court;

(c)

acquire, purchase, lease or dispose of any movable

or immovable property.

(1)

Without prejudice to the provisions under any law

relating to the issue of an investigation order, for the purposes of an

investigation into whether a person has benefited from

instrumentalities or proceeds of crime deriving from criminal conduct

or which such person is in receipt of, or controls, such

instrumentalities or proceeds of crime, the Director may apply to a

Magistrate for an order under this regulation in relation to making

available any particular material or material of a particular

description.

(2) Upon such an application the Magistrate, if satisfied -

(a)

that there are reasonable grounds for suspecting

that the person has benefited from such instrumentalities or

proceeds of crime or is in receipt of, or controls, such

instrumentalities or proceeds of crime; and

(b)

that the material concerned is required for the

purposes of such an investigation,

may order that any person who appears to him to be in possession of

the material shall -

(i) produce the material to the Director or any

person accompanying him so that he may seize and take

possession of same in terms of these regulations, or

(ii) give the Director or any person

accompanying him access to it within a period to be

specified in the order.

(3) The period to be so specified shall be one week, unless it

appears to the Magistrate that another period would be appropriate in

the particular circumstances of the case.

(4) An order under this article in relation to material in any

place may, on the application of the Director, require any person who

appears to the Magistrate to be entitled to grant entry to the place to

allow the Director and any person accompanying him to enter it to

obtain access to the material.

(5) Where such material consists of information contained in a

computer, the order shall have effect as an order to produce the

material, or to give access to it, in a form in which it is visible and

legible and in which it can be seized.

(6) The order -

(a)

in so far as it may empower the Director to take

away a document or to be given access to it, shall authorize the

Director or any person accompanying him to make a copy of it

and to seize the copy;

(b)

shall not confer any right to production of, or

access to, any material subject to legal privilege; and

(c)

shall have effect notwithstanding the provisions of

any law imposing an obligation as to secrecy or other restriction

on disclosure of information imposed by law or otherwise.

(7) Any material seized by the Director or any person

accompanying him under this regulation may be retained by him for

use as evidence in any proceedings.

(8) A Magistrate may vary or discharge an order under this

regulation on the application of the Director or any person to whom

an order under this regulation relates.

For the purposes of an investigation into whether a Property held in

person has benefited from instrumentalities or proceeds of crime trust.

deriving from criminal conduct or is in receipt of or controls such

instrumentalities or proceeds of crime, the Director may apply to a

Magistrate for an order under this regulation in relation to obtaining

information regarding any trust in which the person may have an

interest or with which he may be otherwise connected.

(2) On such an application the Magistrate, if satisfied -

(a)

that there are reasonable grounds for suspecting

that a person -

(i) has benefited from instrumentalities or

proceeds of crime deriving from criminal conduct or is in

receipt of or controls such instrumentalities or proceeds of

crime, and

(ii) has an interest in or other connection with the

(b)

that the information concerned is required for the

purposes of such an investigation, and

(c)

that there are reasonable grounds for believing that

it is in the public interest that the information should be

disclosed for the purposes of the investigation, having regard to

the benefit likely to accrue to the investigation and any other

relevant circumstances,

may order the trustees of the trust and any other persons (including

the suspected person) to disclose to the Director such information as

he may require in relation to the trust, including the identity of the

settlor and any or all of the trustees and beneficiaries.

(3)

An order under this regulation -

(a)

shall not confer any right to the production of, or

access to, any information subject to legal privilege, and

(b)

shall have effect notwithstanding the provisions of

any other law imposing an obligation as to secrecy or other

restriction on disclosure of information imposed by law or

otherwise.

(4) The Magistrate may vary or discharge an order under this

regulation on the application of the Director or of any person to

whom it relates.

(5) Any information given by a person in compliance with an

order under this regulation is not admissible in evidence in any

criminal proceedings against the person or his or her spouse.

(6) In this article "information" includes -

(a)

a document or record, and

(b)

information in non-legible form.

(1)

Għall-finijiet ta’ investigazzjoni dwar jekk persuna Proprjetà

tkunx ibbenefikat minn istrumentalitajiet jew rikavat li jinkiseb minn miżmuma

trust.

atti kriminali li jiġu minn imġiba kriminali jew tkun qed tirċievi, jew

tikkontrolla dawk l-istrumentalitajiet jew rikavat li jinkiseb minn atti

kriminali, id-Direttur jista’ jagħmel rikors lil Magistrat għal ordni taħt

dan ir-regolament sabiex jikseb informazzjoni dwar kull trust li fih il-

persuna jista’ jkollha interess jew li magħha tista’ tkun b’xi mod ieħor

konnessa.

(2) Wara dak ir-rikors il-Maġistrat, jekk ikun sodisfatt -

(a)

li hemm raġunijiet raġonevoli sabiex jissuspetta li

persuna -

(i) tkun ibbenefikat minn istrumentalitajiet jew

rikavat li jinkiseb minn atti kriminali jew jew tkun qed

tirċievi, jew tikkontrolla dawk l-istrumentalitajiet jew

rikavat li jinkiseb minn atti kriminali, u

(ii)

għandha interess fi jew konnessjoni oħra mat-

trust,

(b)

li l-informazzjoni kkonċernata tkun meħtieġa

għall-finijiet ta’ dik l-investigazzjoni, u

(ċ)

li hemm raġunijiet raġonevoli biex jemmen li hu fl-

interess pubbliku li l-informazzjoni għandha tiġi żvelata għall-

finijiet tal-investigazzjoni, wara li jqis il-benefiċċju li x’aktarx

jakkumula għall-investigazzjoni u kull ċirkustanza rilevanti

oħra,

jista’ jordna lit-trustees tat-trust u kull persuna oħra (inkluż il-

persuna suspettata) sabiex tiżvela lid-Direttur dik l-informazzjoni kif

ikun jista’ jitlob fir-rigward tat-trust, inkluż l-identità tas-settlor u t-

trustees u l-benefiċjarji kollha jew kwalunkwe wieħed minnhom.

(3)

Ordni taħt dan ir-regolament -

(a)

m’għandu jagħti ebda dritt għal produzzjoni ta’,

jew aċċess għal, kwalunkwe informazzjoni soġġetta għal

privileġġ legali; u

(b)

għandu jkollu effett minkejja d-dispożizzjonijiet ta’

kull liġi li timponi obbligu dwar is-segretezza jew restrizzjoni

oħra dwar l-iżvelar ta’ informazzjoni imposta bil-liġi jew b’xi

mod ieħor.

(4) Il-Maġistrat jista’ jvarja jew ineħħi xi ordni taħt dan ir-

regolament wara rikors li jkun sar mid-Direttur jew minn kull persuna

li lilha ordni taħt dan ir-regolament ikun jirrigwarda.

(5) Kull informazzjoni mogħtija minn persuna b’konformità

ma’ ordni taħt dan ir-regolament ma tkunx ammissibbli bħala prova

f’ebda proċedimenti kriminali kontra l-persuna jew il-mara tiegħu

jew ir-raġel tagħha.

(6) F’dan ir-regolament "informazzjoni" tinkludi -

(a)

dokument jew rekord, u

(b)

informazzjoni fil-forma li ma tinqarax.

(1)

The Director shall have power to request any

person to provide him with information on the proceeds of crime,

their location, nature and entity.

(2) Without prejudice to the powers of the Director contained

in sub-regulation (1), the Bureau may demand and shall be furnished

with, in the least possible time, any information which it deems

necessary for the execution of its various responsibilities from any

person or body of persons, including, but without prejudice to the

generality of the foregoing, from the police, any Government

Ministry, department, agency or any other public or private authority,

or any other person, natural or legal, or from any financial institution.

(3) Where any person refuses to provide such information, the

Director may request the Magistrate to issue an order for the

production of such information.

(4) Any information given by a person in compliance with an

order under this regulation is not admissible in evidence in any

criminal proceedings against the person or his or her spouse.

(1)

The Bureau Board shall consist of

Composition of

the Board.

(a)

the Commissioner of Police or his representative;

(b)

the

Commissioner

for

Revenue

or

his

representative;

(c)

the Director General (Courts) or his representative;

(d)

the Director of the Financial Intelligence Analysis

Unit or his representative; and

(e)

such other public officer as the Minister may

determine; the Minister may also appoint a retired Judge on the

Board.

(2) A Chairperson and Deputy Chairperson shall be appointed

by the Minister from among the members of the Board. The

Chairperson shall be the Head of the Bureau and the Deputy

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

the Chairperson during his absence or inability to act as Chairperson

or while he is on vacation or during any vacancy in the office of

chairperson.

(3) A person shall not be qualified to be appointed, or to hold

office, as a member of the Board if he

(a)

is legally incapacitated;

(b)

has been declared bankrupt or has made a

composition or scheme of arrangement with his creditors;

(c)

has been convicted of a criminal offence other than

an offence of an involuntary nature or an offence liable to the

punishment established for contraventions.

(4) The members of the Board shall be appointed for a term of

three years against such remuneration as the Minister may determine

and may be re-appointed on the expiration of their term of office.

(5) The members of the Board shall discharge their duties in

their own individual judgment and shall not be subject to the direction

or control of any other person or authority.

(1)

The Board shall meet at such regular intervals as

may be necessary but shall meet at least once every two months.

(2) The Board shall not act unless a quorum consisting of the

Chairperson or Deputy Chairperson and not less than two other

members is present.

(3) The meetings of the Board shall be chaired by the

Chairperson, or in his absence, by the Deputy Chairperson.

(4) The decisions of the Board shall be adopted by a simple

majority of the votes of the members present and voting and in the

event of an equality of votes the member presiding at the meeting

shall have and exercise a second or casting vote.

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

Board and to take part in the discussions, but shall have no vote. The

absence of the Director from any meeting shall not invalidate the

proceedings of the meeting.

(6) Subject to the provisions of these regulations, the Board

may regulate its own procedure.

(7) All acts done by any person acting in good faith as a

member of the Bureau shall be valid as if he were a member

notwithstanding that some defect in his appointment or qualification

be afterwards discovered.

(8) Any vacancy among the members of the Board, and any

participation therein by a person not entitled to do so, shall not

invalidate the proceedings of the meeting.

In case of emergency, decisions shall be taken by at least

two members of the Board one of whom shall be the Chairperson or

the Deputy Chairperson.

(1)

The legal and judicial representation of the Bureau

shall vest in the Chairperson and in his absence in the Deputy

Chairperson

Provided that the Board may appoint the Director, any one

or more of its other members or Bureau Officers to appear in the

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

any act, contract, instrument or other document whatsoever.

(2) Any document purporting to be an instrument made or

issued by the Bureau and to be signed by the Chairperson or by the

Deputy Chairperson on behalf of the Bureau shall be received in

evidence and shall, until the contrary is proved, be deemed to be an

instrument made or issued by the Bureau.

(1)

The Bureau shall be the body charged with The Director.

exercising and performing the functions assigned to it under these

regulations and any other law assigning powers to the Bureau.

(2) The Bureau Directorate shall be headed by the Director

who shall be appointed by the Minister.

(1)

There shall be a Deputy Director, who shall be Deputy

appointed by the Minister, who shall assist the Director in the Director.

performance of his duties in terms of these regulations and of any

other applicable law.

(2) The Deputy Director shall deputise for the Director in the

event of the Director’s absence or impediment to carry out the

functions of office.

(1)

The Bureau Officers shall, as far as possible, be

Bureau Officers

and Bureau

staff.

(a)

members of the Executive Police nominated and

designated by the Commissioner of Police;

(b)

officers of the Commissioner for Revenue

nominated and designated by the Commissioner for Revenue;

and

(c)

persons recruited from amongst other public

officers.

(2) The Board may employ such other persons as staff of the

Bureau according to such procedures and on such terms and

conditions and in such numbers as the Board may determine.

The Bureau may also act through such contractors as it Contractors.

may from time to time appoint

Provided that such contractors shall at all times act in

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

Bureau.

The Director shall be responsible for the day-to-day Management of

the Bureau.

management of the Bureau.

(1)

The Director shall, not later than the end of March Annual report.

of each year, compile and transmit to the Board for its approval and

for submission to the Minister by not later than April of each year, an

annual report dealing generally with the activities of the Bureau

during the previous year containing such information relating to the

activities of the Bureau as the Minister may from time to time

determine.

(2) The Minister shall lay a copy of the annual report on the

table of the House of Representatives not later than two weeks from

its receipt if the House is in session, or, should the House not be in

session, within two weeks from when the House convened.

(3) A copy of the annual report shall be uploaded on the

Bureau’s website after it has been laid by the Minister on the table of

the House of Representatives.

The revenue of the Bureau shall consist of

(a)

fees payable to the Bureau for services rendered by

it;

(b)

rents, interests and profits accruing from property,

deposits and other property of the Bureau;

(c)

any monies advanced to it by the Minister in

accordance with an Appropriation Act;

(d)

any other money receivable or received by the

Bureau.

(1)

The Bureau may

(a)

hold accounts with any bank;

(b)

invest any of its liquid assets as approved by the

Board;

(c)

acquire, purchase, lease or dispose of any movable

or immovable property required for the conduct of its business

or for any purposes ancillary or incidental to the performance of

its functions under these regulations.

(2) For the purpose of carrying out any of its functions under

these regulations, the Bureau may, with the approval in writing of the

Minister, borrow or raise money in such manner, from such person,

body or authority, and under such terms and conditions as the

Minister may in writing approve.

The Minister may, acting in accordance with an

Appropriation Act, make advances to the Bureau of such sums as the

Minister may consider to be required by the Bureau for carrying out

any of its functions under these regulations, and may make such

advances on such terms and conditions as he may deem appropriate.

(1)

The Director shall, not later than six weeks before Estimates and

the end of each financial year, submit to the Board estimates of the expenditure.

income and expenditure of the Bureau for the following financial

year. The estimates for the first financial year of the Bureau shall be

prepared and adopted within such time as the Minister may by notice

in writing to the Bureau specify.

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

endeavour to ensure that the total revenues of the Bureau are at least

sufficient to meet all sums properly chargeable to its Income and

Expenditure Account, 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) Before the end of each financial year the Board shall

consider and adopt, with or without amendments as the case may be,

estimates submitted to it for the following financial year.

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

amount approved by the Board is not sufficient or a need has arisen

for expenditure for a purpose not provided for in the estimates, the

Director may cause supplementary estimates to be prepared and sent

forthwith to the Board for adoption and in any such case the

provisions of these regulations applicable to the estimates shall as

near as practicable apply to supplementary estimates.

All profits realised by the Bureau shall be put to a reserve Determination

fund which shall be used for such purposes as the Bureau may deem and

of profits.

to be required to meet the objects of the Bureau including the

repayment of any liabilities.

The financial year of the Bureau shall begin on the first Financial year.

day of January and end on the thirty-first day of December. The first

financial year shall begin at the date of coming into force of these

regulations and shall end on the thirty-first day of December of the

following year.

The Bureau shall keep proper books of account in such Audit.

manner as the Minister may, following consultation with the Minister

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

be audited by auditors appointed by the Board with the concurrence

of the Minister from among persons qualified to be appointed as

auditors of a company under the law for the time being in force in

Malta, as if the Bureau were such a company, and shall moreover be

subject to audit by the Auditor General.

(1)

The Board shall, as soon as may be but not later

than three months after the close of each financial year, transmit to

the Minister

(a)

a copy of the annual accounts certified by the

auditors;

(b)

a report on the operations of the Bureau during the

year.

(2) The report referred to in sub-regulation (1) shall be laid on

the Table of the House by the Minister not later than six weeks after

its receipt, or, where the House is during the period not in session, not

later than the second week after the House resumes its sittings.

The Bureau shall gather, manage and process data relating

to

(a)

investigated persons;

(b)

freezing and seizure of property;

(c)

holding in kind of seized property;

(d)

confiscation of property;

(e)

assistance in enforcement of sentences involving

confiscation of property.

The Director shall keep a record of those persons and

categories of persons who have or have had access to this data and

will make this register kept for this purpose, together with any

amendments to the said data which may be made, available to the

Data Protection Commissioner.

The Bureau may delegate to any natural or legal person

any of its functions in relation to the administration and management

of any instrumentalities and property or proceeds in relation to which

an attachment, freezing or confiscation order has been issued.

The provisions of articles 667 to 685A, both inclusive, of

the Criminal Code, shall, mutatis mutandis apply to these regulations

and any reference therein to the Registrar shall be construed as a

reference to the Bureau.

(1)

Sums obtained from the sale of instrumentalities Administration

that have been seized shall be administered by the Bureau with all due of

obtained from

care and according to the principles of a careful and passive the

seizure.

administration.

(2) With a view to the performance of a careful and passive

administration, the Bureau shall call on the services of the Central

Bank of Malta or of financial institutions recognised by the Malta

Financial Services Authority, or shall appoint a sub-contractor for this

purpose.

The costs of such administration are to be borne from the Special fund.

special fund set up for this reason at the Bureau.

(1)

The interest which the sums, as administered by the Interest

Bureau, would have earned will be added to the original sum seized accumulated.

and will be returned or confiscated upon final judgement according to

the sentence awarded.

(2) For the purpose of this article "interest" means the rate of

interest applied by the financial institution at the time during which

the property would have been deposited with that particular financial

institution.

(1)

The Bureau shall be responsible for the Period of

administration of the monies seized, from the moment that its account responsibility.

is credited, which are accepted by the financial institution that the

Bureau has designated to administer the account or property seized.

(2) A Court of criminal jurisdiction may, after consultation

with the Bureau, ask the said Bureau to take responsibility for the

administration of registered or bearer shares, or other assets which

require special administration, or of amounts of money invested by

the investigated persons, which have been seized therefrom, or

entrusted to a financial institution or a financial manager.

(3) Once the Bureau accepts the responsibility referred to in

sub-regulation (2), it shall be responsible for the administration of the

property mentioned in the said sub-regulation (2), until a decision is

made as to the allocation of the shares or property as advised by the

authorised financial institution and agreed by the Court.

(4) The administration may relate to the holding in kind of

such property, or any other acts of administration, with regard to that

property by the Bureau or by a financial institution appointed by the

Bureau. This said administration shall be undertaken by the Bureau in

accordance with the arrangements made with the Magistrate.

(5) The Bureau shall administer the monies entrusted to it in

accordance with the provisions of the provisions of these regulations.

If the seizure relates to monies which are not legal tender

in Malta, the Bureau may convert these into euro according to the

rates established by the Central Bank of Malta and as these rates are

on the date that such a conversion is to be made.

Where the Registrar is informed or otherwise notes that

following a conviction for any criminal offence, which has become

res judicata and wherein confiscation of any property has been

ordered, the convicted person is reluctant or hesitant in passing over

or identifying his property, the Registrar may request the Bureau to

assist in tracing the property of the convicted person and execute the

judgement awarded in the least possible time.

The Bureau shall determine in which form and within

which time limit the information specified in these regulations is to be

made available to it.

The Bureau may, without the necessity of further

formalities, place any sum, due to be returned or owed by the

investigated person to any Government Department, at the disposition

of the relevant Government Department for the purposes of paying

such sums of money as may be owed by the investigated person.

Bureau Officers shall keep a record of any information

which has been disclosed in terms of these regulations, and to whom

it was disclosed, whilst indicating whether prior permission for such

disclosure was obtained in writing from the Director or Deputy

Director.

The Bureau, its Board, the Director, the Deputy Director,

officers and employees shall not be liable in damages for anything

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

any function under these regulations, unless the act or omission is

shown to have been done or omitted to be done, as the case may be, in

bad faith.

The Bureau Officers shall be considered to be public

officers and shall be legally protected as such during the time they are

in the employ of the Bureau or for any work, tasks or assistance given

to the Bureau during its investigations, even after any investigation

would have been concluded.

Any financial interests or benefits that may be made

through the investment of the seized property in favour of the Bureau

shall be handed over to the Treasury Department in favour of the

Government of Malta.

Neither the Bureau nor the Government of Malta shall be Inflation.

held responsible for the inflation or deflation in the value of the

property seized by the Bureau.

The Bureau shall be capable, subject to the provisions of Memoranda of

these regulations, of entering into contracts, of concluding Understanding.

memoranda of understanding or other agreements with any local or

foreign body, authority or agency, of acquiring, holding in kind and

disposing of any kind of property for the purposes of its functions, of

suing and being sued, and of doing all such things and entering into

all such transactions as are incidental or conductive to the exercise or

performance of its functions.

In accordance with the provisions laid out for the Assistance in

confiscation of property, upon final judgement by any criminal court, enforcement

confiscation

or by a civil court, the Bureau shall give its assistance and coordinate orders.

the enforcement of sentences and orders involving confiscation of

that property.

(1)

The Bureau shall establish and maintain Co-operation

professional cooperation with equivalent institutions abroad and with

Recovery

collaborate with them in such regulatory frameworks as are Offices.

established by treaty or statute.

(2) Where the Bureau receives a request for assistance or for

information from a foreign recognised Asset Recovery Office, the

Bureau may liaise directly with the officers of that Office.

Where a request for assistance is made to the Bureau by Assistance to

local law enforcement the Bureau may assist in the investigations and local

enforcement.

may give or exchange information about the investigated person.

(1)

Pursuant to and in accordance with any treaty, Assistance to

convention, agreement or understanding to which Malta is a party or foreign

enforcement

which is otherwise applicable to Malta, where a request for agencies.

information or intelligence is received from a foreign law

enforcement agency, the Bureau may provide the requested

information or intelligence to the said foreign agency.

(2) The Bureau may refuse to furnish the information or

intelligence requested by a foreign law enforcement agency as

provided in sub-regulation (1) if there are factual reasons to assume

that the provision of the said information or intelligence would

(a)

harm essential national security interests of the

Republic of Malta;

(b)

jeopardise the success of a current investigation or

a criminal intelligence operation or the safety of individuals;

(c)

clearly be disproportionate or irrelevant with

regard to the purposes for which it has been requested; or

(d)

where the request pertains to an offence punishable

by a term of imprisonment of one year or less under the law of

the requesting State.

€1.80