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Contents

Part I · General Provisions and Offences

16. Failure to disclose knowledge or information to be an offence

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Any person who has knowledge or information which he believes to be true pertaining to-

(a)

proceeds of crime, including the location, and nature of such proceeds of crime;

(b)

the concealment or disguise of proceeds of crime;

(c)

any transactions relating to proceeds of crime;

or

(d)

committing of any offence contained in this Act, and fails to disclose such information to the Police Designated

Officer or to the Designated Officer of the Commission to

Investigate Allegations of Bribery or Corruption, commits an offence:

Provided however, an Attorney-at-Law who in the course of the performance of his professional duties receives information pertaining to the existence of or any information relating to proceeds of crime, he shall not be required to provide such information to the Police Designated Officer or to the Designated Officer of the Commission to Investigate

Allegations of Bribery or Corruption, if he is required in terms of professional ethics to maintain confidentiality relating to such information:

Provided further, any person who in the course of his employment or providing professional services receives or becomes aware of any information pertaining to any proceeds of crime, and provides such information to the compliance officer appointed in terms of section 14 of the

Financial Transactions Reporting Act or in the absence of a compliance officer to the supervisory authority recognized for the purposes of the Financial Transactions Reporting

Act and where there is no such supervisory authority, to the principal executive officer of his employer, shall not be required to comply with such disclosure:

Provided further, where any person fails to disclose such information as provided in this section, if it appears that the purpose for failure to disclose information by such person was in good faith and for the purpose of facilitating the advancement of the objectives of this Act, such person who fails to disclose such information shall be deemed not to have committed an offence.

(2)

Where any knowledge or information under subsection (1) relates to proceeds of crime pertaining to an offence contained in the Anti-Corruption Act such knowledge or information shall be disclosed to the Designated Officer of the Commission to Investigate Allegations of Bribery or

Corruption. Such knowledge or information pertaining to all such other proceeds of crime shall be disclosed to the Police

Designated Officer.

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