Section 21
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 21
(1)
Subject to subsection {3), a person who enters into or is otherwise concerned in an arrangement whereby-
{a}
the retention or control by or on behalf of another (call him "A"J of property which is the proceeds of N.s criminal conduct is facilitated
(whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or
{b) property which is the proceeds of N.s criminal conduct is used
{i)
to secure funds that are placed at N. s disposal; or
[ii)
for N.s benefit to acquire property by way of investment, knowing or suspecting that A is a person who is or has been engaged in criminal conduct or has benefited from criminal conduct, is guilty of an offence.
{2)
In this section1 a reference to any person 1s proceeds of criminal conduct includes a reference to property which in whole or in part directly or indirectly represents in his hands his proceeds of criminal conduct.
(3)
Where a person discloses to the Reporting Authority a suspicion or belief that any funds or investment are derived from or used in connection with criminal conduct, or discloses to such Reporting Authority any matter on which such a suspicion or belief is based -
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{a} the disclosure 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; and
{b) if he does any act in contravention of subsection (1) and the disclosure relates to the arrangement concerned, he does not commit an offence under this section if -
(i)
the disclosure was made before he did the act concerned, being an act done with the consent of the Reporting Authority or a police officer; or
(ii)
the disclosure was made after he did the act, but was made on his initiative and as soon as it was reasonable for him to make it.
(4)
In proceedings against a person for an offence under this section, it is a defence to prove -
{a} that he did not know or have reason to suspect that the arrangement related to any person's proceeds of criminal conduct;
(bJ that he did not know or have reason to suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1);
or
{c)
that
(i)
he had intended to disclose to the Reporting Authority such a suspicion, belief or matter as is mentioned ·in subsection (3) in relation to the arrangement; but
(ii)
there was reasonable excuse for his failure to make the disclosure in accordance with paragraph {b) of that subsection.
(5)
In the case of a person who was in employment at the relevant time, subsections {3) and (4) shall have effect in relation to disclosures and intended disclosures to the appropriate person in accordance with the procedure established by his employer for the making of .such disclosures as they have effect in relation to disclosures and intended disclosures to the Reporting Authority.
(6)
Where information is disclosed to the Reporting Authority under subsection (3L the Reporting Authority shall not disclose the information without the consent of the Attorney General who, when considering whether to give his consent, shall take into account -
{a} the purpose for which such further disclosure is to be made; and
{b) the interests of third parties,
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and the Attorney General may impose such conditions on such further disclosure as he may think fit.
(7)
Subsection (6) does not apply to information received by the Reporting
Authority relating to any matter which it is required to disclose to any person or authority in Brunei Darussalam.
(8)
Subject to subsections (6) and (7), the Reporting Authority may disclose any information received under this section -
(a)
in relation to criminal conduct, to any law enforcement agency in
Brunei Darussalam;
(b)
in relation to conduct defined in paragraph 3(1)(a) of the Schedule, to any law enforcement agency in any other country or territory, in order to-
(i)
report the possible commission of an offence;
(ii)
initiate a criminal investigation respecting the matter disclosed;
(iii)
assist with any investigation or criminal proceedings regarding the matter disclosed;
(iv)
generally give effect to the purposes of this Order.
(9)
A person guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding fourteen years, a fine or both.
(10)
In this Order, "criminal conduct" means conduct which constitutes an offence to which this Order applies or would constitute such an offence if it had occurred in Brunei Darussalam.
( 11)
No prosecution shall be instituted for an offence under this section without the consent of the Attorney GeneraL
Acquisition, possession or use of property representing proceeds of criminal conduct.