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As enacted

Act of Parliament

Proceeds of Crime Act 2025

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

(1)

This Act may be cited as the Proceeds of Crime

Act, No. 5 of 2025.

(2)

The provisions of this Act other than this section, shall come into operation on such date as the Minister may by

Order published in the Gazette appoint:

Provided however, every provision of this Act shall come into operation not later than twelve months from the date of coming into operation of this section.

(3)

The provisions of this section shall come into operation on the date on which the Bill becomes an Act of Parliament.

s 2Objectives of the Act

The objectives of this Act shall be to —

(a)

disincentivize the committing of unlawful activities for the purpose of benefitting from the proceeds of such unlawful activities;

(b)

prevent and deprive any person from benefitting from the proceeds of unlawful activities committed by such person or by any other person;

(c)

facilitate the investigation into the committing of unlawful activities including bribery and corruption, drug trafficking, terrorist financing and other organized and financial crimes;

(d)

provide for the recognition, adoption and enforcement of special investigation techniques and cooperation between domestic law enforcement and administrative authorities pertaining to investigation of proceeds of crime;

(e)

facilitate and provide for the tracing, identification and recovery of proceeds of crime;

(f)

provide for restraining the use and seizure of proceeds of crime;

(g)

provide for the issuance of judicial orders for the judicial freezing of proceeds of crime;

(h)

provide for protection, preservation and management of proceeds of crime including the disposal of proceeds of crime under certain circumstances pending the conduct and completion of forfeiture proceedings;

(i)

deter the committing of unlawful activities which yield proceeds of crime;

(p)

provide for legislative mechanisms for the conduct of judicial proceedings and the issuance of judicial orders for the forfeiture of proceeds of crime –

(i)

following the conviction of a person for having committed an unlawful activity which yielded such proceeds of crime

(hereinafter referred to as the ‘post-conviction forfeiture proceedings’); and

(ii)

independent of prosecuting a person for having committed the unlawful activity which yielded such proceeds of crimes

(hereinafter referred to as the ‘non-conviction based forfeiture proceedings’);

(k)

recognize and provide a cause of action in civil law to enable victims of crime to recover loss or damage through civil litigation;

(l)

establish a statutory authority for the protection, preservation, management and disposal of restrained, seized or frozen proceeds of crime;

(m)

provide a mechanism for the management and the use of the realized value of the disposal of forfeited proceeds of crime;

(n)

establish a Trust Fund to provide for restitution and reparation to victims of crime;

(o)

provide a mechanism for cooperation, mutual assistance and reciprocity with judicial, law enforcement and administrative authorities of other countries pertaining to the recovery of proceeds of crime or value located overseas and for repatriation of the value of proceeds of crime located in Sri Lanka; and

(p)

give effect to Sri Lanka’s obligations under the United Nations

Convention

Against

Corruption, the United Nations Convention

Against Transnational Organized Crime and international standards and best practices pertaining to anti-money laundering and countering the financing of terrorist activities.

(1)

This Act shall apply to -

(a)

any person who commits any unlawful activity or any part thereof in Sri Lanka including in its territorial waters, air space, on board an aircraft or a vessel registered in Sri Lanka or chartered by any person in Sri Lanka, including any unlawful activity committed prior to coming into operation of this Act provided at the time of committing such unlawful activity it was an offence;

(b)

any person who is a Sri Lankan citizen or is resident in Sri Lanka who commits any unlawful activity or part thereof outside Sri Lanka;

(c)

any diplomatic or consular officer of Sri Lanka notwithstanding the provisions of the Diplomatic

Privileges Act, No. 9 of 1996 and any immunity that may have been conferred on such officer by any foreign state;

(d)

any person who commits an unlawful activity or part thereof in or outside Sri Lanka with regard to public property of Sri Lanka whether proceeds of such unlawful activity are found within or outside Sri Lanka;

(e)

any person who commits an unlawful activity or part thereof in or outside Sri Lanka with regard to or in respect of a citizen of Sri Lanka whether proceeds of such unlawful activity are found within or outside Sri Lanka;

(f)

any person who commits an unlawful activity or part thereof in or outside Sri Lanka which has an adverse impact or any potential of such impact on the legitimate interests of Sri Lanka or its citizen whether proceeds of such unlawful activity are found within or outside Sri Lanka;

(g)

any person who commits an unlawful activity or part thereof from within the premises of any diplomatic or consular mission of Sri Lanka or the place of residence of a diplomatic or consular officer of Sri Lanka, independent of whether or not such place of residence has been procured using public funds of Sri Lanka;

(h)

any person who commits an unlawful activity or part thereof within the premises occupied on behalf of or under the control of the Government of Sri Lanka or a statutory body established by any law of Sri Lanka, or within the place of residence of an employee of such statutory body situated outside Sri Lanka;

(i)

any person who commits an offence under this

Act within or outside Sri Lanka, including in its territorial waters, air space, on board an aircraft or a vessel registered in Sri Lanka or chartered or otherwise used by any person in Sri Lanka;

(j)

any proceeds of crime found in Sri Lanka or on board an aircraft or a vessel registered in

Sri Lanka or aircraft or a vessel chartered by a citizen or a resident of Sri Lanka;

(k)

any proceeds of crime found in or outside Sri Lanka, of an unlawful activity committed in Sri Lanka;

(l)

any proceeds of crime found in or outside Sri Lanka, of an unlawful activity committed outside Sri Lanka by a citizen or a resident of Sri Lanka;

(m)

any proceeds of crime brought into, in transit, bound for, passing through or taken out of Sri Lanka.

(2)

The provisions of this Act shall not apply where the proceeds of an unlawful activity have been forfeited in terms of the applicable law prior to the coming into operation of this Act, or in the alternative of such forfeiture, a penalty or other sanction has been imposed in terms of the applicable law and complied with.

(1)

Subject to the provisions of section 3, provisions of this Act shall apply to proceeds of crime located in or outside

Sri Lanka, notwithstanding the corresponding unlawful activity, which yielded such proceeds, being committed prior to the coming into operation of this Act.

(2)

No person shall be punished for having committed any offence under this Act, unless such offence was committed after the coming into operation of this Act:

Provided however, if an act which constitutes an offence under this Act shall have been continued to be perpetrated at the time of this Act coming into operation, it shall be possible to deal with such perpetrator as having committed the relevant offence under this Act.

s 5Application of the Act with regard to proceeds of crime derived out of committing offences in the Anti-Corruption Act

The provisions of this Act shall prevail over the provisions of the Anti-Corruption Act relating to proceeds of crime that are obtained, derived out of or realized by committing an offence under the Anti-Corruption Act, and the investigation, tracing, identification, detection, restraining, seizure, judicial freezing, sentencing, protection, preservation, management, disposal pending forfeiture or release, forfeiture, release and disbursement of proceeds of crime shall be conducted in terms of the provisions of this

Act:

Provided however, nothing in this Act shall, in any manner, prevent or preclude the investigation of offences under the Anti-Corruption Act being conducted in the manner provided for in that Act.

Part I

General Provisions and Offences

Part II

Investigation Into Proceeds of Crime, Restraint And Seizure

Part III

Judicial Freezing of Proceeds of Crime

Part IV

Protection, Preservation and Management of Proceeds of Crime

Part V

Proceeds of Crime Management authority

Part VI

Forfeiture of Frozen Proceeds of Crime And Related Proceedings

Part VII

Civil Remedy For Victims Of Crime

Part VIII

Disposal Of Forfeited Proceeds Of Crime And The Utilization Of The Value Derived Thereof

Part IX

Victims Of Crime Reparation Trust Fund

Part X

International Cooperation

Part XI

Miscellaneous Provisions

Schedules