Section 102
of Criminal Asset Recovery Order, 2012
Section 102
(1)
In the course of any investigation into or proceedings relating to an offence alleged or suspected to have been committed by any person a money laundering offence or serious offence or a conspiracy to commit, or an attempt to commit, or an abetment of any such offence, the authorised officer may, notwithstanding anything in any other written law to the contrary, by written notice require –
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
102
BLUV as at 11th March 2017
(a)
any such person to furnish a statutory declaration stating –
(i)
all movable or immovable property or both belonging to or possessed by such person and by the spouse, parents, sons, daughters or relatives of such person or property held by third party, and specifying the date on which each of the properties enumerated was acquired whether by way of purchase, gift, bequest, inheritance or otherwise;
(ii)
all expenditure incurred by such person in respect of himself, his spouse, parents, sons, daughters or relatives with regard to living expenses and other private expenditure during any period specified in such notice;
(iii)
all liabilities incurred by such person, his agents, representatives or trustees, at such time or during such period as may be specified in such notice, and specifying in respect of each such liability whether it was incurred jointly (and, if so, with whom)
or severally;
(b)
any such person to furnish a statutory declaration or a statement in writing of any money or other property sent out of Brunei Darussalam by him, his spouse, parents, sons, daughters or relatives during such period as may be specified in the notice;
(c)
any such person to furnish a statutory declaration or, a statement in writing enumerating all movable or immovable property belonging to or possessed by such person where the authorised officer has reasonable grounds to believe that such information can assist the investigation;
(d)
the manager of any bank to give copies of the accounts of such person or of the spouse or of the parents or sons or daughters or relatives of such person at the bank;
(e)
the person in charge of any department, office or establishment of the
Government, or the president, chairman, manager or chief executive officer of any public body or any other person to produce or furnish, as specified in the notice any document which is in his possession or under his control.
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
103
BLUV as at 11th March 2017
(2)
Every person to whom a notice is issued by the authorised officer under subsection (1) shall, notwithstanding the provisions of any written law or any oath of secrecy to the contrary, comply with the terms of that notice within such times as may be specified therein and any person who wilfully neglects, or fails so to comply is guilty of an offence and liable on conviction to a fine of $10,000 and imprisonment for a term of 3 years.
(3)
Any disclosure made by virtue of subsection (1)(a) to (e) shall not be treated as a breach of any restriction upon the disclosure of information imposed by any contract, written law, rules of professional conduct or otherwise and shall not give rise to any civil or criminal liability.
Search of person.