As enacted

Contents

Proceeds of Crime Act 2025 · As enacted · Part I · General Provisions and Offences

33. Statutory duty of certain officers to provide information pertaining to proceeds of crime

Official English translation. The Sinhala text prevails.

(1)

Notwithstanding any provision of any law which requires a person or an institution to maintain confidentiality of certain information, the officers specified in subsection (2) shall, upon information pertaining to any one or more of the following coming to his knowledge, provide such information in writing to the Designated Officer under whose purview the investigation of the relevant proceeds of crime or the offence has been vested by this Act:-

(a)

the possible existence of proceeds of crime;

(b)

the identity of persons who may be possessing, having custody, exercising dominion or control of proceeds of crime;

(c)

the possible committing of an unlawful activity and the person who had been complicit in such offence; or

(d)

the committing of an offence under this Act.

(2)

For the purpose of subsection (1) the officers required by this Act to provide information shall be-

(a)

the Director of the Financial Intelligence Unit appointed in terms of the Financial Transactions

Reporting Act;

(b)

the Auditor-General appointed under Article 153 of the Constitution;

(c)

the Commissioner General of Inland Revenue appointed under section 97 of the Inland

Revenue Act, No. 24 of 2017;

(d)

the Director-General of the Commission to

Investigate Allegations of Bribery or Corruption appointed under section 17 of the Anti-Corruption Act in so far as such information may relate to an offence or proceeds of crime falling within the purview of the Police Designated

Officer;

(e)

the Police Designated Officer in so far as such information may relate to an offence or proceeds of crime falling within the purview of the Commission to Investigate Allegations of

Bribery or Corruption;

(f)

the Commissioner-General of Excise appointed under section 7 of the Excise Ordinance (Chapter 52);

(g)

the Director-General of Customs appointed under section 2 of the Customs Ordinance

(Chapter 235);

(h)

the Commander of Sri Lanka Army raised and maintained under the Army Act, (Chapter 357);

(i)

the Commander of Sri Lanka Navy raised and maintained under section 2 of the Navy Act,

(Chapter 358);

(j)

the Commander of Sri Lanka Air Force raised and maintained under section 2 of the Air

Force Act, (Chapter 359);

(k)

the Head of any government Department;

(l)

the Director-General of the Securities and

Exchange

Commission of

Sri

Lanka appointed under section 19 of the

Securities and Exchange Commission of

Sri Lanka Act, No. 19 of 2021;

(m)

the Chief Executive Officer of any statutory authority or body corporate;

(n)

the Commissioner General of Motor

Traffic appointed under section 204 of the

Motor Traffic Act, (Chapter 203);

(o)

the Registrar-General of Lands appointed under section 2 of the Registration of

Documents Ordinance (Chapter 117);

(p)

Registrar General of Title and Registrars of Title appointed under section 3 of the

Registration of Title Act, No. 21 of 1998;

(q)

the Mayor or Chairman of a Municipal

Council, Urban Council or Pradeshiya

Sabha;

(r)

a Secretary, Special Commissioner or a

Chief administrator of a local authority;

(s)

a District Secretary, a Divisional Secretary or a Grama Niladhari;

(t)

a secretary to a ministry of a Minister appointed under Article 44 or 45 of the

Constitution;

(u)

a secretary to a ministry of a Provincial

Council;

(v)

the Registrar General of Companies appointed under section 47 of the

Companies Act, No. 07 of 2007;

(w)

the officer designated as head of the

Department of Foreign Exchange for the purposes of Foreign Exchange Act, No. 12

of 2017 referred to in section 3 of that Act;

(x)

the National Secretariate established under the Voluntary Social Service Organizations

(Registration and Supervision) Act, No.31

of 1980;

(y)

the

Commissioner

General for the

Registration of Persons appointed under section 3 of the Registration of Persons

Act, No. 32 of 1968;

(z)

the Election Commission;

(aa)

the Chief executive officer or general manager of any bank of which the majority shareholding shall be either directly or otherwise held by the Secretary to the

Treasury;

(bb)

the Chief Executive officer or the general manager of any institution which has been recognized for the purposes of the

Financial Transaction Reporting Act as either a Finance Business or as a Designated Non

Finance Business;

(cc)

the Secretary General of the Parliament of

Sri Lanka appointed under Article 65 of the Constitution;

(dd)

the Chairman of Credit Information

Bureau appointed under section 5 of the

Credit Information Bureau of Sri Lanka

Act, No. 18 of 1990;

(ee)

the Controller of Immigration and

Emigration appointed under section 4

of the Immigrants and Emigrants Act

(Chapter 351);

(ff)

the Controller of Imports and Exports appointed under section 2 of the Imports and Exports (Control) Act, No. 1 of 1969;

(gg)

the Commissioner of Land appointed under section 3 of the Land Development

Ordinance (Chapter 464);

(hh)

the principal executive officer of the

Colombo Stock Exchange;

(ii)

the Governing Board of the Central Bank of Sri Lanka established under section 8

of the Central Bank of Sri Lanka Act, No.

16 of 2023;

(jj)

Chairman of the Board of Investment established under the Board of Investment of Sri Lanka Law, No. 4 of 1978;

(kk)

Director-General of Intellectual Property appointed under section 2 of the

Intellectual Property Act, No. 36 of 2003;

(ll)

Chairperson of the Colombo Port City

Economic Commission established under section 3 of the Colombo Port City

Economic Commission Act;

(mm)

any other person holding public office who may be designated by the Minister, in consultation with the Police Designated

Officer and the Designated Officer of the

Commission to Investigate Allegations of

Bribery or Corruption.

(3)

It shall be the duty of all officers specified in subsection (2), within a period of one year of this Act coming into operation, to put in place internal administrative mechanisms to ensure that if the institution of which he is the principal executive officer receives any information referred to in subsection (1) of this section, that such information be forthwith brought to his attention.

(4)

Upon receipt of information provided under this section by a Designated Officer, a written acknowledgement shall be issued and the information shall be forthwith presented to the relevant officers for action in terms of this

Act.

Read on from s 34

Part II

Investigation Into Proceeds of Crime, Restraint And Seizure

Read on from Part II

Part III

Judicial Freezing of Proceeds of Crime

Read on from Part III

Part IV

Protection, Preservation and Management of Proceeds of Crime

Read on from Part IV

Part V

Proceeds of Crime Management authority

Read on from Part V

Part VI

Forfeiture of Frozen Proceeds of Crime And Related Proceedings

Read on from Part VI

Part VII

Civil Remedy For Victims Of Crime

Read on from Part VII

Part VIII

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

Read on from Part VIII

Part IX

Victims Of Crime Reparation Trust Fund

Read on from Part IX

Part X

International Cooperation

Read on from Part X

Part XI

Miscellaneous Provisions

Read on from Part XI