Prevention of Money Laundering Act (Cap. 373)
Prevention of Money Laundering Act (Cap. 373), article 4B
4B. (1) Where, upon informatio n 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 a "m onitoring order") requiring a b ank to
monitor for a specified period the transactions or banking
operations being carried out through one or more accounts in th e
name of the suspect, or through one or more accounts suspected to
have been used in the commission of the offence or which could
provide information about the offence or the circumstances ther eof,
whether before, during or after the commission of the offence,
including any such accounts in the name of legal persons. The b ank
shall, on the demand of the Attorney General, communicate to th e
person or authority indicated by the Attorney General the
information resulting from the monitoring and, once the
information is collated, the person or authority receiving the
information shall transmit that information to the Attorney Gen eral.
( 2 ) W h e r e a m o n i t o r i n g o r d e r h a s b e e n m a d e o r a p p l i e d f o r ,
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 thousa nd 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.
Freezing of
property of person
charged.
Cap. 621.
Amended by:
L.N. 425 of 2007;
L.N. 426 of 2012;
III. 2015.6;
XXXI.2019.16;
Substituted by:
VI.2024.14.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.