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I assent.
(L.S.) GEORGE VELLA
President
7th February, 2020
ACT No. I of 2020
AN ACT to amend the Prevention of Money Laundering Act, Cap.
373.
BE IT ENACTED by the President, by and with the advice and
consent of the House of Represent atives, in this present Parlia ment
assembled, and by the authority of the same as follows:-
Short title.
Cap. 373. 1. (1) The short title of this Act is the Prevention of Money
Laundering (Amendment) Act, 2020, and this Act shall be read and
construed as one with the Pre vention of Money Laundering Act,
hereinafter referred to as "the principal Act".
(2) The provisions of this Act s hall come into  force on such date as
the Minister responsible for finance may by notice in the Gazet te
establish, and different dates may be so established for differ ent
provisions and differen t purposes of the Act.
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Amendment of 
article 12 of the 
principal Act.2. Article 12 of the principal Act shall be amended as follows:
(a) sub-article (5) thereof shall be renumbered as sub-
article (6); and
(b) immediately after sub-article (4) thereof, there shall
be added the following new sub-article:
"(5) The Minister shall, act ing on the advice of the
committee referred to in article 12A, designate, by order in
the Gazette, those public functions in Malta and those heldwithin international organisations accredited in Malta,
which are to be considered a s prominent public functions
for the purpose of any regulations issued under this Act,
and the list of any such functions shall be reviewed and
updated from time to time:
Provided that any order issued in terms of this sub-
article shall be made availabl e to the European Commission
upon publication in the Gazette.".
Amendment of 
article 13A of the principal 
Act.3. Article 13A of the principal Ac t shall be amended as follows:
(a) in sub-article (3) thereof, the words "and such an
appeal shall be regulated by th e applicable provisions of the
Code of Organization and Civil Procedure" shall be substituted
by the words "and, saving the provisions of this article, such an
appeal shall be regulated by th e applicable provisions of the
Code of Organization and Civil Procedure";
(b) sub-article (4) thereof shall be renumbered as sub-
article (6); and 
(c) immediately after sub-arti cle (3) thereof there shall
be added the following new sub-articles: 
"(4) The Court of Appeal (Inferior Jurisdiction)
shall, without delay, set down the appeal for hearing at an
early date, which date shall in no case be later than three
(3) months from the date of  the filing of the appeal.
(5) The Court of Appeal (In ferior Jurisdiction) shall
hear the appeal which shall be decided within six (6) months
from the date fixed for the original hearing of the appeal, andno adjournment beyond the said six (6) months shall be
granted except either with t he consent of the appellant and
the respondent or for an exceptional reason to be recorded
by the court, and such adjourned date shall not be later than
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that justified by any such reason.".
Amendment of 
article 13B of 
the principal 
Act.4. In sub-article (2) of article 13B  of the principal Act, the wor ds
"the appeal is decided, deserted or withdrawn," shall be substi tuted by
the words "is subsequently confirmed in whole or in part,".
Substitution of article 13C of 
the principal 
Act.5. Article 13C of the principal Act shall be substituted by the
following: 
"Publication of 
administrative penalties.13C. (1) Any administrative penalty imposed by
the Unit in terms of rules and regulations made under
article 13, and which exc eeds fifty thousand euro
(€50,000), shall be subject to publication on theofficial website of the Un it, together with any other
administrative measure imposed by the Unit in
conjunction with that admi nistrative penalty and the
publication shall take place within five (5) working
days from the date of notifi cation of the administrative
penalty to the subject person:
Provided further that where the administrative
penalty has been appealed in terms of article 13A, the
Unit shall, without undue delay, publish information
on the appeal, and thereafter on the status of the appeal
and the outcome thereof, in cluding information on any
decision of the Court of Appe al (Inferior Jurisdiction)
which alters or revokes in whole or in part thatadministrative penalty in question.
(2) The Unit shall publish on an anonymous basis
the following administrati ve measures and penalties
imposed by the Unit in terms  of rules and regulations
made under article 13:
(a) administrative penalties that do not
exceed fifty thousand euro (€50,000); and
(b) administrative measures imposed by
the Unit, except those envisaged under sub-
article (1).
(3) Notwithstanding the pr ovisions of sub-articles
(1) and (2), where the Unit considers that the
publication of an administrative measure or penalty
may jeopardise the stability  of financial markets or
may jeopardise any on-going supervisory, analytical or
investigative work, or it considers it to
bedisproportionate, the Unit may, in accordance withpolicies and procedures established by the Board of
Governors in terms of sub-article (4), decide to delay
the publication, or to publish thatadministrativemeasur e or penalty on an anonymous 
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Amendment of 
article 15 of the 
principal Act.6. In sub-article (2) of a rticle 15 of the prin cipal Act, immediat ely
after the words "memoranda of understanding or other agreement"  there
shall be added the w ord "including".
Amendment of 
article 16 of the 
principal Act.7. Article 16 of the principal Act shall be amended as follows:
(a) in sub-article (1) thereof:
(i) immediately after the words "dissemination of
information with a view to" there shall be added the words
"preventing, detecting and effectively";
(ii) in sub-paragraph (i) of paragraph (k)
immediately after the words "paragraphs (a) and (b)" there
shall be added the words "r egardless of its nature or
status";
(iii) in sub-paragraph (ii) of paragraph (k) the words
"or with any authority outside Malta which it considers tohave equivalent or analogous f unctions to a supervisory
authority in Malta; and" shall  be substituted by the words
"or any other authority or body having regulatory orsupervisory functions outside  M a l t a ,  w h e n  t h e  U n i t  i s  o f
the view that such co-operation and exchange of
information would assist in monitoring compliance by
subject persons or other persons undertaking equivalentactivities outside Malta, wi th anti-money laundering and
counter-funding of terrorism laws or with other lawsspecific to their activities or services, or in ensuring thatthe financial sector and other relevant sectors or
professions are not used for criminal purposes, or to
safeguard their integrity;"; 
(iv) in paragraph (l) the words "in the course of the
discharge of any of its functions at law." shall besubstituted by the words "in the course of the discharge ofany of its functions at law;" and immediately thereafter
there shall be added the following new paragraphs:
"(m) to monitor compliance with any
restrictions on payments in cash which may bebasis, or not to publish such an administrative measure
or penalty.
(4) The Board of Governors referred to in article
18 shall establish and publish policies and proceduresto further regulate the publ ication of administrative
measures and penalties.".
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introduced from time to time under this Act; and
(n) to establish, manage and administer
centralised automated mechanisms allowing for the
retrieval of data and information on any person
holding or controlling payment or bank accounts or
any person making use of safe custody servicesoffered by credit institutions.";
(b) sub-article (2) thereof shall be renumbered as sub-
article (3); and
(c) immediately after sub-article (1) thereof there shall
be added the following new sub-article:
"(2) For the purpose of carrying out any of its
functions under this Act or other regulations issuedthereunder, the Unit shall have the power to impose feesand charges, including fees  or charges to cover costs
incurred by Unit in engaging any expert as envisaged inarticle 26A.". 
Amendment of 
article 19 of the principal Act.8. Article 19 of the principal Act shall be amended as follows:
(a) in paragraph (a) of sub-article (1) thereof, the words
"four members appointed" shall be  substituted by the words "five
members appointed"; and
(b) sub-article (2) thereof shall be substituted by the
following:
"(2) The Minister shall appoint the five members
referred to in sub-article (1 )(a) by selecting one member
from each of five panels, each of at least three persons,
nominated respectively by the Governor of the Central
Bank of Malta, the Chairman of the Malta FinancialServices Authority, the Chairperson of the Malta Gaming
Authority, the Commissioner of Police and the
Commissioner for Revenue.".
Substitution of 
article 23 of the principal Act.9. A r t i c l e  2 3  o f  t h e  p r i n c i p a l  A c t  shall be substituted by the
following:
"The Executive 
and other staff of the Unit. 23. (1) The Director of the Unit shall be
appointed by the Board, according to such procedures
and on such terms and conditions as the Board may
determine, following a public  call for applications.
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Amendment of 
article 26 of the 
principal Act.10. Article 26 of the principal Act shall be amended as follows:
(a) paragraph (a) of sub-article (2) thereof shall be
substituted by the following:
"(a) authorise any of its officers, employees or agents,
or any expert engaged under article 26A, on producing
evidence of his authority, to require any subject person to
provide him forthwith w ith such information or
documentation as may be required in order to monitor
compliance with the provisions of this Act and any
regulation made thereunder and to answer any questions asthe Unit may reasonably require for the performance of its
functions under sub-ar ticle (1), and such officer, employee,
agent or expert may demand access to any data, information
or documentation, whether or however stored or held, that
the Unit considers relevant to monitor compliance, and
may take copies of such data, information ordocumentation whether digital or otherwise;";
(b)  paragraph (c) of sub-article (2) thereof shall be
substituted by the following:
"(c) carry out on-site examinations on subject
persons with the aim of monitoring compliance with theprovisions of this Act and any regulations madethereunder;";
(c) immediately after paragraph (c) of sub-article (2)
thereof there shall be added t he following new paragraph:
"(d) make notes, take copies or recordings, whether
digital or otherwise, of  any data, information or
documentation obtained or accessed by the Unit, or of any
answers to questions posed by the Unit in the exercise of
its powers under this sub-article.";
(d) sub-article (4) thereof shal l be deleted and sub-article
(5) and sub-article (6) shall be  renumbered as sub-articles (4) and
(5) respectively; and (2) The other officers and staff of the Unit shall be
selected by the Director of the Unit according to suchprocedures and on such terms and conditions and in
such numbers as the Board may determine.
(3) The Director and all of ficers and staff of the
Unit shall be persons of integrity and good conduct.".
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(e) sub-article (4) thereof, as renumbered, shall be
substituted by the following: 
"(4) Where the data, information or documentation
required, sought to be accessed or demanded under sub-
article (2) are not provide d, the Unit may require the
subject person to state, in writing, why such data,
information or documentation, or access, could not beprovided.".
Amendment of 
article 27 of the principal Act.11. Article 27 of the principal Act shall be amended as follows:
(a) sub-article (1) thereof shall be substituted by the
following:
"(1) Without prejudice to any restriction that the Unit
may be subject to, the Unit shall, upon request or on its
own motion, co-operate and e xchange information with
any supervisory authority in M alta or any other authority
or body having regulatory or supervisory functionsoutside Malta, when the Unit is of the view that such co-operation and exchange of information would assist in
monitoring compliance by subject persons or other
persons undertaking equivalent activities outside Malta,with anti-money launde ring and counter-funding of
terrorism laws or other laws specific to their activities orservices, or in ensuring that t he financial sector and other
relevant sectors or professi ons are not used for criminal
purposes, or to safeguard their integrity:
Provided that the exchange of information shall be
subject to:
(a) a guarantee by the authority or body
receiving such information that it has adequaterules and procedures in place governing the
confidentiality and security of information;
(b) the condition that information or
documents exchanged shall be used by the
receiving authority or body only for the purpose ofperforming its supervisory or regulatory functions;
(c) the condition that the exchanged
information shall not be used for purposes other
than those referred to in paragraph (b), nor shall it
be disseminated to any other person, body,authority or agency without the express prior
consent of the Unit; and
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(b) in paragraph (b) of sub-ar ticle (3) thereof, the words
"with the aim of establishing th at person’s compliance" shall b e
substituted by the words "with t he aim of monitoring that
person’s compliance"; and 
(c) immediately after sub-article (4) thereof, there shall
be added the following new sub-article:
"(5) For the purposes of sub-article (1) the term
supervisory authority shall also include any authority, body
or committee responsible for the authorisation, licensing,registration, or regul ation of, or the granting, suspension or
revocation of a warrant to subject persons.".
Amendment of 
article 27A of 
the principal 
Act.12. Article 27A of the principal Ac t shall be amended as follows:
(a) in sub-article (1) thereof, immediately after the
words "funding of terrorism a nd the persons involved" there
shall be added the words ", regardless of the type of underlyin g
criminal activity, and even where the underlying criminal
activity is not known at th e time of exchange"; and
(b) sub-article (3) thereof shall be amended as follows:
(i) immediately after the words "by the Unit
promptly" there shall be added the words ", regardless of
the type of underlying criminal activity";
(ii) in paragraph (a) immediately after the words
"criminal investigation;" there shall be added the word"or"; and
(iii) paragraph (b) shall be deleted and paragraph (c)
shall be renumbered as paragraph (b).(d) any other condition or restriction that
the Unit may determine, including the priorconclusion, if it deems so necessary, of any
memorandum of understanding or other agreement
to regulate any such exchange of information:
Provided further that where the Unit exchanges any
information with a superviso ry authority in Malta, that
supervisory authority shall provide the Unit upon request
and in a timely manner with information on the use made
of the exchanged information and any outcome of any
inspection or any other regulatory action undertaken on
the basis of that information.";
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Amendment of 
article 27B of 
the principal Act.13. Article 27B of the principal Act shall be amended as follows:
(a) the words "if it deems it necessary or expedient, and"
shall be deleted and the words "information to the relevant
competent authority." shall be substituted by the words
"information to the relevant competent authority:"; and
(b) immediately after article 27B thereof there shall be
added the following proviso: 
"Provided that the transmi ssion of information shall
be subject to:
(a) a guarantee by the competent authority
receiving such information that it has adequate rulesand procedures in place governing the confidentiality
and security of information;
(b) the condition that information or
documents exchanged shall be used by the receivingcompetent authority only for the purposes of
pursuing its functions at law;
(c) the condition that the transmitted
information shall not be used for purposes other thanthose referred to in paragraph (b) above, nor shall itbe disseminated to any other person, body, authority
or agency without the express prior consent of the
Unit; and
(d) any other condition or restriction that the
Unit may determine, including the prior conclusion,if it deems so necessary, of any memorandum ofunderstanding or other agreement to regulate any
such transmission of information.".
Renumbering of 
article 30B and article 30C of 
the principal 
Act.14. Article 30B and article 30C of the principal Act shall be
renumbered as articles  30C and 30D respectively.
Addition of new article to the 
principal Act.15. Immediately after article 30A of the principal Act there shall
VERŻJONI ELETTRONIKA
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be added the following new article:
Amendment of 
article 34 of the 
principal Act.16. Article 34 of the principal Act  shall be amended as follows:
(a)  sub-article (1) thereof shall be substituted by the
following: 
(b) sub-article (2) thereof shall be amended as follows:
(i) paragraph (a) thereof sh all be substituted by the
following:
"(a) in its opinion such disclosure could
impede an inquiry, investigation or any other"Information 
demanded or obtained by 
the Unit. 30B. Without prejudice to the provisions of article
27A, any information demanded or obtained by the Unit
in terms of the provisions of this Act and regulations
issued thereunder may be used by the Unit for the
pursuance of any of its func tions under article 16 as it
deems relevant and necessary.".
"(1) The Unit, and its officers, employees and agents,
whether still in service of the  Unit or not, shall treat any
information and documents ac quired in the performance of
their duties or the exercise of their functions under this Actas confidential, and shall not  disclose any information or
document relating to the affairs of the Unit or of any
person, which they have acquired in the performance of
their duties or the exercise of their functions under this Actexcept:
(a) when authorised to do so under any of
the provisions of this Act;
(b) for the purpose of the performance of
their duties or the exercise of their functions under
this Act;
(c) to any competent court or tribunal in any
appeal proceedings instituted in accordance with the
provisions of article 13A, or in proceedings towhich the Unit is a party for the purpose of the
enforcement of any penalty imposed by the Unit
under this Act; and
(d) in the form of an aggregation of data or
other statistical information, which in the opinion of
the Unit does not lead to the identification of any
specific person and whic h does not prejudice any
analysis or investigation.";
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proceeding in course in Malta; or"; 
(ii) paragraph (b) and para graph (c) thereof shall be
renumbered as paragraph (c) and paragraph (d)
respectively; and 
(iii) immediately after para graph (a) thereof there
shall be added the following new paragraph:
"(b) such information or document was
received by the Unit in carrying out its functionsunder sub-articles 16(1)(a), 16(1)(b) and 16(1)(k) or
providing such information or disclosing such
document may, in the opinion of the Unit, prejudiceany analysis; or";
(c) sub-article (3) thereof  shall be substituted by the
following: 
(d) immediately after sub-article (3) thereof there shall
be added the following new sub-article:"(3) The Unit may also disclose any information or
document referred to in sub-art icle (1) to any authority in
or outside Malta car rying out a criminal  investigation into
any act or omission committed in Malta and which
constitutes, or if commi tted outside Malta would in
corresponding circumstances constitute:
Cap. 101.(a) any of the offences referred to in article
22(2)(a)(1) of the Dangerous Drugs Ordinance; or
Cap. 31.(b) any of the offences referred to in article
120A(2)(a)(1) of the Medical and Kindred
Professions Ordinance; or
(c) any offence of money laundering within
the meaning of this Act; or 
(d) any offence of funding of terrorism:
Provided that when disclosing any
information or document in the circumstancesr e f e r r e d  t o  i n  t h i s  s u b - a r t i c l e ,  t h e  U n i t  m a y  a l s odisclose any information or document related to the
underlying criminal activity."; and
"(4) Notwithstanding any ot her provision of this Act
or any other law, any information or document disclosedby the Unit in terms of sub-article (3) shall be considered
as secret and shall:
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Amendment of 
article 42 of the 
principal Act.17. In sub-article (1) of article 42 of the principal Act, the word
"Board" shall be substit uted by the word "Unit".
Passed by the House of Represent atives at Sitting No. 296 of th e 5th
February, 2020.(a) be used only for the purposes of the
investigation being carried out and no other use
thereof shall be made nor shall it be disclosed or
disseminated to any other person or authority
without the prior expres s consent of the Unit:
Provided such further use, disclosure or
dissemination is strictly necessary for the purposeof the investigation being carried out and the
provisions of this sub-ar ticle shall also apply to
such further use, disclosure or dissemination;
(b) be considered as intelligence for the
purposes of assisting the i nvestigation being carried
out, and shall not be considered as evidence nor
used as such in any proceedings, whether judicial oro t h e r w i s e ,  w h i c h  m a y  b e  i n s t i t u t e d  a s  a  r e s u l t  o f
any such investigation;
(c) not be provided under oath;
(d) be recorded, held and archived
separately from the acts of the investigation or any
procès verbal  and shall be sealed in such manner so
as to ensure its conf identiality and secrecy;
(e) not form part of any published report or
findings resulting from th e investigation; and
(f) under no circumstance be made
public.".
CLAUDETTE BUTTIGIEG 
Deputy Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
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