Section 120
of Criminal Asset Recovery Order, 2012
Section 120
(1)
Where the Financial Intelligence Unit or an authorised officer, as the case may be, has reason to believe that a person is committing, has committed or is about to commit a money laundering offence or serious offence, the Financial Intelligence Unit or authorised officer, as the case may be, may order –
(a)
that any document relevant to identifying, locating or quantifying any property, or identifying or locating any document necessary for the transfer of the property, belonging to, or in the possession or under the control of that person or any other person, be delivered to it; or
(b)
any person to produce information on any transactions conducted by or for that person with the first-mentioned person.
(2)
Any person who –
(a)
does not comply with an order under subsection (1); or
(b)
discloses the existence or operation of the order to any person without authorisation from the authorised officer or Financial Intelligence Unit or, as the case may be, is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both, and, in the case of a continuing offence, to a further fine not exceeding $1,000 for each day during which the offence continues after conviction.
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
118
BLUV as at 11th March 2017
(3)
For the purposes of this section, a person may not refuse to produce a document ordered to be produced under this section on the ground that –
(a)
the document might tend to incriminate the person or make the person liable to a penalty; or
(b)
the production of the document would be in breach of an obligation
(whether imposed by a law of Brunei Darussalam or otherwise) of the person not to disclose either the existence or contents or both, of the document.