Asset Recovery Bureau (Amendment) Regulations, 2018

L.N. 284 of 2018

CRIMINAL CODE

(CAP. 9)

Asset Recovery Bureau (Amendment) Regulations, 2018

IN EXERCISE of the powers conferred by article 700 of the

Criminal Code, the Minister for Justice, Culture and Local

Government, has made the following regulations:-

The title of these regulations is the Asset Recovery Bureau Citation.

(Amendment) Regulations, 2018, and these regulations shall be read

and construed as one with the Asset Recovery Bureau Regulations, S.L. 9.23.

hereinafter referred to as "the principal regulations".

Regulation 6 of the principal regulations shall be amended Amends

regulation 6 of

as follows

the principal

regulations.

(a)

in sub-regulation (1) thereof

(i) paragraph (a) shall be substituted by the following

new paragraph

"(a) be entrusted with the proper and efficient

tracing, collection, storage, preservation, management and

disposal, either in whole or in part, of proceeds of crime or

property the value of which corresponds to such or

proceeds, in favour of government;";

(ii) paragraph (c) shall be substituted by the following

new paragraph

"(c) administer, sell, transfer, exchange, dispose of

in whatever manner and deposit in the consolidated fund

any money the value whereof corresponds to such property

recovered from proceeds of crime;";

(iii) paragraph (d) shall be substituted by the following

new paragraph

"(d) redeem, withdraw and cash any proceeds and

property deriving from criminal conduct;";

(iv) paragraph (f) shall be substituted by the following

new paragraph

"(f) institute such proceedings to recover proceeds

of crime and to dispose of such property in favour of

government;";

(b) in sub-regulation (2) thereof, the words "the Criminal

Court." shall be substituted by the words "a court of criminal

judicature."; and

(c) in sub-regulation (3) thereof, the words "Bureau." shall be

substituted by the words "Bureau in terms of any Memorandum of

Understanding between the Registrar and the Bureau.".

Regulation 7 of the principal regulations shall be amended

as follows:-

(a)

in sub-regulation (2) thereof

(i) paragraph (a) shall be substituted by the following

new paragraph

"(a) the identification of the proceeds of crime,

wherever situated, which derive or are suspected to derive,

directly or indirectly, from criminal conduct;";

(ii) paragraph (b) shall be substituted by the following

new paragraph

"(b) the taking of appropriate action in terms of law

to deprive or to deny a person of the proceeds of crime or

the benefit of such proceeds of crime, in whole or in part, as

may be appropriate; and";

(b)

in sub-regulation (3) thereof

(i) in paragraph (c) the words "the Criminal Court" shall

be substituted by the words "a court of criminal judicature"; and

(ii) in paragraph (d) the words "the Criminal Court." shall

be substituted by the words "a court of criminal judicature.".

Regulation 8 of the principal regulations shall be amended

as follows:-

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(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

proceeds of crime deriving from criminal conduct or which such

person is in receipt of, or controls, such 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."; and

(b) paragraph (a) of sub-regulation (2) thereof shall be

substituted by the following new paragraph

"(a) that there are reasonable grounds for suspecting that

the person has benefited from such proceeds of crime or is in

receipt of, or controls, such proceeds of crime; and".

Sub-regulation (1) of regulation 9 of the principal Amends

regulations shall be substituted by the following new sub-regulation:- regulation

the principal

regulations.

"(1) For the purposes of an investigation into whether a

person has benefited from proceeds of crime deriving from

criminal conduct or is in receipt of or controls such 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.".

Regulation 31 of the principal regulations shall be Substitutes

regulation 31 of

substituted by the following new regulation:-

the principal

regulations.

"31. The Bureau may delegate to any natural or legal

person any of its functions in relation to the administration and

management of any property or proceeds in relation to which an

attachment, freezing or confiscation order has been issued.".

Regulation 32 of the principal regulations shall be Substitutes

regulation 32 of

substituted by the following new regulation:-

the principal

regulations.

"32. The provisions of articles 23D, 673, 676, 677, 678,

679 and 685A, of the Criminal Code, the provisions of articles 5 Cap.

Fis-subregolament (1) tar-regolament 33 tar-regolamenti

prinċipali, minflok il-kliem "istrumentalitajiet li kienu ġew maqbuda"

għandhom jidħlu l-kliem "proprjetà li dwarha jkun inħareġ ordni ta’

sekwestru, iffriżar jew konfiska".

and 11A of the Prevention of Money Laundering Act and the Cap. 101.

provisions of articles 22A and 22AB of the Dangerous Drugs

Ordinance shall, mutatis mutandis apply to these regulations and

any reference therein to the Registrar shall be construed as a

reference to the Bureau.".

8. In sub-regulation (1) of regulation 33 of the principal Amends

regulations the words "instrumentalities that have been seized" shall be regulation

the principal

substituted with the words "property in relation to which an regulations.

attachment, freezing or confiscation order has been issued".

€0.36