Prevention of Money Laundering Act (Cap. 373), article 28

28. (1) Where the Unit is informed by a subject person that a transaction to be carried out is suspected or known to be relat ed to money laundering or the funding of terrorism, or to involve property that may have derived directly or indirectly from, or constitutes the proceeds of, crim inal activity, or where, on th e basis of information in its possession, including upon a request by a foreign body, authority or agency which is considered to have functions equivalent or analogous to those of the Unit, the Uni t knows or suspects that a transact ion to be carried out by a sub ject person is related to money laundering or the funding of terrori sm, or involves property that is derived from or constitutes the pr oceeds of criminal activity, the Unit may, where it considers such act ion necessary, oppose the execution of the transaction and a notification of such opposition shall be made to the subject pe rson concerned by any written means: Provided that where the Unit opposes the execution of the transaction following receipt of information from the subject person, the notification of such opposition shall be made to th e subject person by not later than one working day following the day on which the information was received by the Unit and the subje ct person shall, within such period, not carry out the transaction in question. (2) The opposition by the Unit shall suspend the execution of the transaction for a period of one working day following the d ay of the notification by the Unit referred to in sub-article (1), un less the Unit shall, by any written means, authorise earlier the executi on of the transaction. (3) The Unit may, at its discretion, extend the period referred to in sub-article (2) by a further working day where this is consi dered to be necessary by the Unit and such extension shall be notifie d to the subject person before the lapse of the period referred to i n sub- article (2). (4) The obligation not to execute a transaction suspended in terms of this article shall pre vail over any legal or contractu al obligation to which a subject person may be subject. (5) Where the Unit does not oppose the execution of the transaction as provided in sub-article (1), the subject person concerned may proceed with the e xecution of the transaction upo n the lapse of the period referred to therein and where a notific ation of opposition has been made to the subject person in accordance with sub-article (1), the subject person concerned may proceed with the execution of the transaction upon the lapse of the period referred to in sub-article (2) or the extended period referred to in sub-article (3), as the case may be, unless in the meantime an attachment order has been s erved on the subject person. (6) Where the Unit receives a request from a foreign body, authority or agency referred to in sub-article (1), it shall acknowledge receipt of that reque st and shall subsequently noti fy such foreign body, authority or agency of the decision whether the execution of the transaction su bject to the request has been op posed or otherwise. PREVENTION OF MONEY LAUNDERING [CAP. 373. 35 Action after execution of suspicious transaction which could not be delayed. Added by: XXXI. 2001.4. Amended by: VI. 2005.5; III. 2015.14.