chhatramani/Nepal-Legal-Text-Corpus-44laws huggingface dataset:
Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 15: Appointment or Designation of Investigation Officer
1) The investigating officer should inform the department as soon as possible if the investigated person is found to have committed a crime related to the purification of property during the investigation of the related crime.
Provided that the constitutional body empowered to investigate the relevant offences in accordance with the existing law shall not be required to give such information to the department when investigating the purification of property in accordance with this Act or when investigating the matter by a body constituted in accordance with sub-section (2) of section 14A.
2) On receipt of information pursuant to sub-section (1), the Department may, within fifteen days from the date of receipt of such information, constitute an investigation team if the situation appears to be in accordance with sub-section (3) of section 14A, coordinate with the officer investigating the relevant offence, appoint an investigating officer of the Department to investigate the offence of property laundering or give necessary suggestions to the office investigating the relevant offence to investigate further any matter related to property laundering or to make the investigation effective.
3) The department shall provide the relevant investigating body with information about forming an investigation team in accordance with sub-section (2).
4) If an investigation team is constituted pursuant to sub-section (2), the team shall prepare an integrated report in accordance with sub-section (5) of section 14A.
5) If an investigation team is constituted pursuant to sub-section (2), the team shall prepare an integrated report pursuant to sub-section (5) of section 14A.
6) In addition to the offences related to the transfer or coordination of cooperation with other countries or the associated offences of a serious nature, the investigation of other crimes related to the purification of property pursuant to this Act shall be completed within one year from the date of commencement of the investigation.

Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 15A: An Investigation May Conducted Pursuant This Act
Notwithstanding anything contained in any other law for the time being in force, if an investigating officer pursuant to this Act is required to investigate and register a case in respect of an offence relating to the destruction of property, he may exercise the powers and procedure under this Act in respect of the offence connected therewith.
Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 17: Keeping Under Custody For Investigation
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1) A detention warrant shall be provided to a person accused of or having reasonable grounds to suspect that he is involved in the offence of money laundering and terrorist financing before
detaining him shall be subject to arrest in accordance with the prevailing law.
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2) The investigation officer shall present a person detained in a money laundering or terrorist financing offence within 24 hours of arrest, except the time for arrival, and the person may be detained further upon the order of the adjudicating authority.
3) When submitting for permission to be detained pursuant to sub-section (2), the Investigating officer shall, while producing the suspect for remand, clearly mention the charges against the detainee, reasons and grounds thereon, description of the suspect’s statement, if any, and the reason to detain the suspect for investigation.
4) According to sub-section (3), if remand is requested for investigation and inquiry, the adjudicating officer may, after reviewing the concerned documents and whether or not the investigation and inquiry have been satisfactory, remand the suspect for ninety days, not exceeding thirty days at a time.
5) If permission to detain is sought in accordance with sub-section (2), the person in custody may request it from the officer investigating the case, explaining the reasons and grounds for not detaining the person.
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6) The investigation officer shall give prior information to the Chief of the Department before arresting, detaining or requesting the adjudicating authority to extend the detention time of a person
pursuant to this Section.
However, if a person is required to be arrested immediately, the investigation officer should inform the Chief as soon as possible after arresting such person.
1 Amended by the second amendment.
Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 19: Request to the Concerned Country
1) If, during the investigation of a crime related to the purification of property and the financial investment in terrorist activities, it is found that the property obtained from the crime or the instrument related to the crime, which is to be withheld or controlled according to Section 18, remains abroad, the Department shall immediately send in writing in accordance with the law prevailing in the relevant country to freeze or take control of the property of such person.
2) When sending a written communication in accordance with sub-section (1), the department shall also disclose the location of such person and his property or means or the information of the bank or financial institution, if available.

Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 19A: Regular monitoring of the Transaction
1) The investigation officer may issue a monitoring order to a reporting institution directing it to provide the Department with information about transactions of a person under investigation for money laundering or terrorist financing offences, with a form to report.
2) According to sub-section (1), the deadline shall be given no more than three months, in general, while issuing a monitoring order.
3) According to this section, a reporting institution served with a monitoring order shall regularly monitor the person’s transactions and report them to the department in accordance with the terms of the order.

Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 19B: Seizing Passport or Travel Document
1) Notwithstanding whatever is written in prevailing laws, the investigation officer may order the concerned entity to hold the passport or travel document of the person accused of the offence of money laundering or terrorist financing.
2) If it comes in writing pursuant to sub-section (1), the concerned body shall not issue a passport or traveller document in the name of such person if it has not been issued to such person and shall withhold the passport or traveller document of such person if it has been issued.
Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 19C: A Special Research Method Used
1) The investigating officer may, under the direct supervision of at least a gazetted second-class or above officer of the investigating office, adopt any of the following methods of special investigation in the investigation of crimes relating to or connected with financial investment in the creation and expansion of weapons of mass destruction or terrorist acts:
(a) Controlled research technology (control delivery),
(b) The security operation,
(c) Undercover investigation operations,
(d) Receiving telephone or communication details (interception),
(e) Not to be arrested immediately for the purpose of obtaining further evidence and information (Arrest Waver),
(f) Access to the structure or system of a computer or other electronic device,
(g) Other special research methods as prescribed.
2) Prior permission of the court shall be taken in applying the procedure pursuant to clause (d) 0r (f) of sub-section (1).
3)  The information obtained during the investigation pursuant to sub-section (1) shall not be used or made public for any purpose other than the investigation and prosecution of the same offence. (4) Other procedures relating to the adoption of the special investigation method pursuant to this section shall be as prescribed.

Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 20: Keeping It Safe
In the course of investigating offences relating to the laundering of property and the financing of terrorist acts, the investigating officer shall preserve the property, the means, and the instruments taken under his control in accordance with this paragraph.

Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 21: Co-operation of the Relevant Bodies
1) The Investigating Office may, in the course of the investigation of offences relating to the laundering of property and the financing of terrorist acts, request the assistance of anybody or public institution, as the case may be. It shall be the duty of such body or institution to assist the Investigating Office when it so requests.
2) The Department may also seek the assistance of the Nepal Police in the investigation of crimes related to the purification of property and financial investment in terrorist activities. It shall be the duty of the police officer or employee concerned to assist the investigating office in seeking such assistance.
3) The investigating office may, if it sees that the nature of the offence to be investigated requires consultation with any expert working in any body or that such expert should also be involved in the investigation, request the concerned body not to send him to work for some time. If so requested, such body shall provide the concerned expert to the investigating office irrespective of what is written in the prevailing law.
Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 22: Filing of Case
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1) After the investigation regarding crimes related to the purification of property and financial investment in terrorist activities is completed, the investigation officer should prepare an investigation report in accordance with the prevailing law and send it to the relevant government lawyer’s office.
Provided that the constitutional body is authorised to investigate the relevant crimes according to the prevailing law, it will not be hindered from filing or filing a case in the competent court according to the law.
2) If there is sufficient ground to proceed from the report received pursuant to sub-section (1) and the evidence collected during the study of the case, the public prosecutor shall file a suit in the court trying the case of the relevant offence.
3) If any legal person or arrangement is found to have committed an offence in accordance with this Act, a case may be filed against such legal person or arrangement and the natural person concerned who commits or causes the offence to be committed through it, with a demand for varying punishment and forfeiture.
4) Complaints, petitions, and information pending in the department during the commencement of this section may be investigated as an investigating officer in accordance with this Act and file a case in accordance with this section.
1 Amendments to the Prevention of Money Laundering and Promotion of Business Environment Act, 2080.

Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 23: Limitation
There is no limitation on filing a case relating to Money laundering (ML) or
Terrorism Financing (TF).

Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 24: Prosecuted by Government
The Government of Nepal shall be the plaintiff in the case relating to offences relating to Money laundering (ML) or
Terrorism Financing (TF).

Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 25: Non-Obstruction of the Case the Prevailing Law
1) If the act is considered a crime related to the purification of property and financial investment in terrorist activities and is punishable in accordance with other laws in force, then the case can be filed in accordance with such laws.
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2) __________________________________
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3) __________________________________
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Amending the Prevention of Money Laundering and Promotion of Business Environment Act, 2080.

Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 25A:
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Amending the Prevention of Money Laundering and Promotion of Business Environment Act, 2080.
Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 26: Breach of Privacy
The investigating officer, employee, or person engaged in the work of investigation shall not violate the confidentiality of any matter that has come to his knowledge in the course of the investigation or in the performance of his duties in accordance with this Act or any document that has been filed, except in cases where the prevailing law obliges.

Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 27: Automatic Suspension
Any organised institution established under the prevailing laws or civil servant shall be deemed to be automatically suspended for a period he/she is detained as per this Act or until the case filed against him/her pursuant to Section 22 is settled.
Money Laundering Prevention Act 2064

Chapter-6 Provisions on Investigation and Inquiry

Section 29: No Obstacle to Prosecute
1) Nothing contained elsewhere in this Act shall prevent the prosecution of any one or both of the offences relating to the investigation of a complaint under this Act on the basis of the evidence adduced.
2) The prosecution and punishment of the offence relating to the purification of property shall not be hindered only on the ground that there is no edge of such case, even if the case is not instituted or continued in the case relating to the offence under sub-section (1).

Money Laundering Prevention Act 2064

Chapter-6A Currency and Bearer Negotiable Instruments

Section 29A: Declaration and Enquiry of Currency and Bearer Negotiable Instruments
1) Any person entering into or leaving Nepal who is in possession of currency or bearer negotiable instruments or who arranges for the transportation of such items of NRs or its equivalent in foreign currency by cargo, courier, postal service or any other means of the amount or more as prescribed by the Rastra Bank shall make an accurate written declaration as prescribed.
2) According to sub-section (1), while making a declaration, a person who is in possession of such currency or BNI shall declare it before the customs, and a person who is sending or receiving such items by cargo, courier, postal service, or any other means shall declare it before such agency.
3) The operator of cargo, courier, post or another similar service shall submit to the customs officer concerned, in the prescribed format, the details of the currency and holder exchange certificate declared in accordance with sub-section (2).
4) In case of suspicion that the declaration made pursuant to sub-section (1) or (2) or the statement furnished pursuant to sub-section (3) is false or incorrect, the customs officer may require such person to show the currency in his possession or the holder’s exchange certificate or may open the cargo, parcel or package in which the suspicion exists.
5) Other arrangements regarding the issuance of currency and bearer exchange certificates shall be as prescribed.
Money Laundering Prevention Act 2064

Chapter-6A Currency and Bearer Negotiable Instruments

Section 29B: Enquiry, Seizure and Punishment
1) The Custom officer may inquire about the origin and intended purpose of currency or Business Network International being carried into or out of Nepal in the following circumstances:
(a) On suspicion of misdeclaration or non-declaration of the currency or holder’s right to exchange or
(b) If there are adequate, reasonable grounds to suspect it is related to an offence.
2) If, on inquiry pursuant to sub-section (1), it is proved that the holder or holders of such currency have not declared, or are falsely or falsely declaring, or are connected with any offence, the customs officer shall seize all the currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency or holders of such currency shall be liable to fine in accordance with the law.
3) The customs officer shall, at the time of the seizure pursuant to sub-section (2), inform the person concerned of the reason for the seizure.

Money Laundering Prevention Act 2064

Chapter-6A Currency and Bearer Negotiable Instruments

Section 29C: Providing Information
1) The customs officer shall immediately inform the Financial Information Unit and the concerned body or officer investigating the fault of the suspected currency or holder of the exchange certificate in accordance with section 29B.
2) The details of the currency and holder exchange certificate issued by the customs department in accordance with section 29A should be sent to the Financial Information Unit every month.

Money Laundering Prevention Act 2064

Chapter-6A Currency and Bearer Negotiable Instruments

Section 29D:  Consumption of Goods in Accordance with the Customs Act
1) For the purpose of this Act, currency or bearer negotiable instruments shall be deemed to be an item under the definition of commodity (Malbastu) under the prevailing customs laws.
2) The provisions of the prevailing Customs laws shall be Other provisions regarding declaration of currency or Business Network International, inquiry, search, seizure, confiscation, action or appeal pursuant to this chapter.
Money Laundering Prevention Act 2064

Chapter-6B Freezing of Property and Funds

Section 29E: Information of Terrorist, Terrorist Group or Terrorist Organisation
1) The Ministry of Foreign Affairs shall, without delay publish the list of terrorists, terrorist groups or organization and of those engaged in the proliferation of weapons of mass destruction designated under the provisions of the resolutions of the United Nations Security Council on its website and submit them to the Ministry of Home Affairs electronically.
2) The Ministry of Home Affairs shall, pursuant to sub-section (1), without delay, issue a freezing order against the properties or funds of terrorists, terrorist groups or organisations designated in the above list in order to freeze such properties or funds immediately in accordance with this chapter.
3) The Ministry of Home Affairs shall immediately publish on its website the list containing the orders issued pursuant to sub-section (2) and section 29F.
4) The Office of the Prime Minister and the Council of Ministers, regulatory bodies, relevant bodies, financial information units, indicting bodies, legal persons and natural persons shall, for the purposes of this paragraph, ensure that the list published in accordance with sub-sections (1) and (3) is regularly updated on the website of the person, group or organisation referred to in such list.
Money Laundering Prevention Act 2064

Chapter-6B Freezing of Property and Funds

Section 29F: Enlisting as a Terrorist, Terrorist Group or Terrorist Organisation
1) The Ministry of Foreign Affairs, if it receives a request from a foreign country in order to freeze the properties or funds of a person, group or organisation related/involved with or suspected of
being a terrorist or terrorist group or organisation shall send such request to the Ministry of Home Affairs without delay.
2) If any Nepali or a foreign citizen or any other person, group or organisation is involved in or is suspected to be involved in the financing of terrorist acts or the manufacture and expansion of weapons of mass destruction in Nepal or any country outside Nepal, the Ministry of Home Affairs shall conduct necessary investigations in respect of such person, group or organisation if it comes from any country on its own or on request in accordance with sub-section (1).
3) If any person, group or organisation is found to be involved in any act pursuant to sub-section (2) or section 4 in Nepal or any country outside Nepal or is found to be a person, group or organisation related to any act which is considered to be a terrorist act or financial investment in the manufacture and expansion of weapons of mass destruction in accordance with the prevailing law, the Government of Nepal may issue an order to list such person, group or organisation in the list of persons, groups or organisation related to financial investment in the manufacture and expansion of weapons of mass destruction or terrorist acts and may order to freeze the property or funds of such person, group or organisation.
4) The Government of Nepal may remove the names of such persons, groups or organisations from the list if there is no basis for keeping the persons, groups or organisations listed in the list pursuant to sub-section (3).
5) If the names of persons, groups or organisations listed in accordance with sub-section (4) are removed from such list, the Ministry of Home Affairs shall immediately publish the information on its website.
Money Laundering Prevention Act 2064

Chapter-6B Freezing of Property and Funds

Section 29G: Freezing of Properties and Funds
1) Natural Person, legal person, concerned agency, or reporting entity shall immediately and without delay and without prior notice, freeze the properties or funds of a person, group or organisation listed pursuant to sections 29E& 29F and of person, group or organisation engaged or financing in the proliferation of weapons of mass destruction.
2) While freezing the properties or funds in accordance with sub-section (1), all the following properties or funds shall be frozen without delay:
(a) All properties or funds belonging to or wholly or jointly, directly or indirectly, owned or possessed or held or controlled by such person, group or organisation,
(b) All properties or funds derived or generated from the property or funds pursuant clause (a),
(c) All properties or funds of a person, group and organisation acting on behalf of, or at the direction of such person, group or organisation.
3) Properties or funds frozen pursuant to this section shall be frozen in such a way that such properties or funds shall not be, could not be transferred, mortgaged, sold, distributed or transacted by anyone, except in the execution of the provision of this Act and rules thereunder.]
4) Natural or legal person, concerned agency, and reporting entity shall make necessary management that such properties or funds or other economic resources or financial or other benefits frozen pursuant to subsection (1) and (2) shall not be, directly or indirectly, available or in use of or be beneficial to the individual, group or organisation designated under sections 29E and 29F.
5) Natural or legal person, the concerned agency shall submit the report of such freezing pursuant to sub-sections (1) and (2) to the Ministry of Finance and reporting entity to the Regulator within three days of freezing.
6) The Regulator shall submit the details of freezing the property or funds received pursuant to subsection (3) to the Ministry of Finance within three days of receipt.
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6A) The integrated record, management and conservation of the property or funds withheld in accordance with this paragraph shall be carried out by the Department of Management of Defective Assets established in accordance with the prevailing law.
7) Any other provision relating to withholding property or funds pursuant to this paragraph shall be as prescribed.
1 Amendment to the Prevention of Money Laundering and Promotion of Business Environment Act, 2080.