Prevention of Money Laundering Act (Cap. 373), article 4

4. (1) Where, upon information received, the Attorney General has reasonable cause to suspect that a person (hereinaf ter referred to as "the suspect") is guilty of the offence mentione d in article 3, he may apply to the Criminal Court for an order (hereinafter referred to as an "investigation order") that a pe rson (including a body or association of persons, whether corporate or unincorporate) named in the orde r who appears to be in possessi on of particular material or material of a particular description which is likely to be of substantial value (whether by itself or toge ther with other material) to the inve stigation of, or in connection with, the suspect, shall produce or gra nt access to such material to the person or persons indicated in the order; and the person or per sons so indicated shall, by virtue of the investigation order, have the power to enter any house, building or other enclosure for the purpose of searching for such material. (2) Where an investigation order has been made or applied for, whosoever, knowing or suspecting that the investigation is taki ng place, discloses that an investi gation is being undertaken or m akes any other disclosures likely to prejudice the said investigatio n shall be guilty of an offence and sha ll, on conviction, be liable to a fine (multa ) not exceeding eleven thousand and six hundred and forty- six euro and eighty-seven cents (11,646.87) or to imprisonment not exceeding twelve months, or to bot h such fine and imprisonment: Provided that in proceedings for an offence under this sub- article, it shall be a defence fo r the accused to prove that he did not know or suspect that the disclosu re was likely to prejudice the investigation. (3) An investigation order - Cap. 9. Cap. 12. (a) shall not confer any right to production of, access to, or search for communicatio ns between an advocate or legal procurator and his client, and between a clergyman and a person making a confession to him, which would in legal proceedings be protected from disclosure by article 642(1) of the Criminal Code or by article 588(1) of the Code of Organization and Civil Procedure ; (b) shall, without prejudice to the provisions of the foregoing paragraph, have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by any law or otherwise; and (c) may be made in relation to material in the possession of any government department. (4) Where the material to which an application under sub- article (1) relates consists of information contained in a comp uter, PREVENTION OF MONEY LAUNDERING [CAP. 373. 9 the investigation order shall have effect as an order to produc e the material or give access to such material in a form in which it can be taken away and in which it is visible and legible. (5) Any person who, having been ordered to produce or grant access to material as provided in sub-article (1) shall, withou t lawful excuse (the proof whereof shall lie on him) wilfully fai l or refuse to comply with such investigation order, or who shall wilfully hinder or obstruct any search for such material, shall be guilty of an offence and shall, on conviction, be liable to a f ine (multa ) not exceeding eleven thousand and six hundred and forty- six euro and eighty-seven cents ( 11,646.87) or to imprisonment not exceeding twelve months, or to both such fine an d imprisonment. (6) Together with or separately from an application for an investigation order, the Attorney General may, in the circumsta nces mentioned in sub-article (1), apply to the Criminal Court for a n order (hereinafter referred to as an "attachment order") - (a) attaching in the hands of such persons (hereinafter referred to as "the garnishees") as are mentioned in the application all moneys and other movable property due or pertaining or belonging to the suspect; (b) requiring the garnishee to declare in writing to the Attorney General, not later than twenty-four hours from the time of service of the order, the nature and source of all money and other movable property so attached; and (c) prohibiting the suspect fro m transferring or otherwise disposing of any movable or immovable property. (6A) Where an attachment order has been made or applied for, whosover, knowing or suspecting that the attachment order has been so made or applied for, makes any disclosure likely to prejudice the effectiveness of t he said order or any investigat ion connected with it shall be guilty of an offence and shall, on conviction, be liable to a fine ( multa ) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven ce nts (11,646.87) or to imprisonment not exceeding twel ve months, or to both such fine and imprisonment: Provided that in proceedings f or an offence under this sub- article, it shall be a defence for the accused to prove that he did not know or suspect that the disclosure was likely to prejudice the investigation or the effectiveness of the attachment order. (7) Before making an investigation order or an attachment order, the court may require to hear the Attorney General in chambers and shall not make such order - (a) unless it concurs with the Attorney General that there is reasonable cause as provid ed in sub-article (1); and (b) in the case of an investigation order, unless the court is satisfied that there are reasonable grounds for suspecting that the material to which the application relates - 10 CAP. 373.] PREVENTION OF MONEY LAUNDERING (i) is likely to be of subst antial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, and (ii) does not consist of communications referred to in sub-article (3)( a). Cap. 12. (8) The provisions of article 381(1)( a), (b) and (e) and of article 382(1) of the Code of Organization and Civil Procedure shall, mutatis mutandis , apply to the attachment order. Substituted by: XXVIII. 2017.3. (9) An investigation order shall be served on the persons referred to in sub-article (1) and an attachment order shall be served on the garnishee and on the suspect by an officer of the Executive Police or by an officer of the issuing authority or by an officer of t he Courts or of the Asset Recovery Bureau: Provided that such orders may also be served on the garnishee and the persons referre d to in sub-article (1), excep t for the suspect, by electronic mail in which case the person upon whom the order is served shall acknowle dge receipt by return electronic mail by not later than one working day from such service. In default of receipt of such acknowledgement the order shall be served physically by any of the officers referred to in this sub-article without prejudi ce to the validity of the service made by electronic mail: Cap. 101. Provided further that the procedure stipulated in this sub- article shall apply, in addition to that provided in sub-articl e (9) of article 24A of the Dangerous Drugs Ordinance , with regard to service of investigation orders and attachment orders issued under the said Ordinance. (10) Any person who acts in contravention of an attachment order shall be guilty of an offence and shall, on conviction, b e liable to a fine ( multa ) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) o r to imprisonment for a period not exceeding twelve months or to bot h such fine and imprisonment: Provided that where the offence consists in the payment or delivery to any person by the garnishee of any moneys or other movable property attached as provided in sub-article (6)( a) or in the transfer or disposal by the suspect of any movable or immovable property in contravention of sub-article (6)( c), the fine shall always be at least twice th e value of the money or proper ty in question: Provided further that any act so made in contravention of that court order shall be null and without effect at law and th e court may, where such person is the garnishee, order the said person to deposit in a bank to the credit of the suspect the amount of mo neys or the value of other movable property paid or delivered in contravention of t hat court order. (11) An attachment order shall, unless it is revoked earlier by the Attorney General by notice in writing served on the suspect and PREVENTION OF MONEY LAUNDERING [CAP. 373. 11 on the garnishee in the manner provided for in sub-article (9), cease to be operative on the expiration of six (6) months from the da te on which it is made; and the court may, upon application of the Attorney General, and where it is satisfied that sufficient gro unds exist, extend the validity of th e attachment order for another six (6) months. The court shall not make another attachment order with respect to that suspect unless it is satisfied that substantial ly new information with regards to the offence mentioned in article 3 is available: Provided that the period of validity as established in this sub-article shall be held in abeyance for such time as the susp ect is away from these Islands and the Attorney General informs of thi s fact the garnishee by notice in writing served in the manner provided for in sub-article (9). (11A)(a)When an Attachment Order is revoked by the Criminal Court or withdrawn by the Attorney General prior to the expirat ion of its period of validity, the said Court shall issue a decree con firming the said revocation and shall order the service of the said decree upon the suspect and upon all garnishees in the manner provided in sub-a rticle (9) and upon all those served with the Attachment Order. (b) When the period of validity of an Attachment Order is suspended for such time as the suspect is away from Malta, the said suspension shall only apply in respect of that person. (c) When an Attachment Order no longer remains in force, the Criminal Court shall issue a decree confirming that the Attachment Order is no longer in force. The Court shall order the service of the said decree upon the suspect and upon all garnishees in the manner as provided in sub-article (9) and upon all those served with the Attachment Order. (12) In the course of any investigation of an offence against article 3, the Executive Police may request a magistrate to hea r on oath any person who they believe may have information regarding such offence; and the magistrate shall forthwith hear that pers on on oath. Cap. 9. (13) For the purpose of hearing on oath a person as provided in sub-article (12) the magistrate shall have the same powers as a re by law vested in the Court of Mag istrates (Malta) or the Court of Magistrates (Gozo) as a court of criminal inquiry as well as th e powers mentioned in article 554 of the Criminal Code ; provided that such hearing shall always take place behind closed doors. ( 1 4 ) I t s h a l l n o t b e l a w f u l f o r a n y c o u r t t o i s s u e a w a r r a n t o f prohibitory injunction to stop the execution of an investigatio n order. 12 CAP. 373.] PREVENTION OF MONEY LAUNDERING Applicability of Dangerous Drugs Ordinance. Added by: III. 2002.166. Cap. 101.