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As enacted
Contents

Part II · Investigation Into Proceeds of Crime, Restraint And Seizure

Section 52

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

The manner in which an investigation into suspected proceeds of crime may commence

Subject to any administrative directions that may be given by a Designated Officer, an Investigation Officer may commence an investigation under this Act into suspected proceeds of crime, in one of the following ways:-

(a)

where in the course of an investigation conducted by himself or by any other person authorized by law to conduct an investigation into the committing of an unlawful activity, suspicion arises that any property is proceeds of crime of such unlawful activity;

(b)

upon the receipt of a report from an intelligence agency relating to suspected proceeds of crime;

(c)

upon the receipt of information provided by a person who has discharged his statutory duty in terms of this Act to provide information pertaining to proceeds of crime;

(d)

upon the receipt of a complaint or a petition from any person relating to proceeds of crime;

(e)

upon receipt of an order of a court of law to conduct an investigation into suspected proceeds of crime;

(f)

on the advice of the Attorney-General that an investigation in terms of this Act be conducted;

(g)

where an Investigation Officer or a Designated

Officer based on information or material available, forms a view that suspicion exist for him to be of the opinion that an identified property is proceeds of crime;

(h)

based on a report submitted to the Police

Designated Officer by the Director-General of the Commission to Investigate Allegations of Bribery or Corruption relating to suspected proceeds of crime believed to have been derived by the committing of an unlawful activity which in terms of the Anti-Corruption Act does not come within the investigative purview of the Commission to Investigate Allegations of

Bribery or Corruption;

(i)

based on a report submitted to the Director-General of the Commission to Investigate

Allegations of Bribery or Corruption by the

Police Designated Officer relating to suspected proceeds of crime believed to have been derived by the committing of an unlawful activity which comes within the investigative purview of the Commission to Investigate Allegations of Bribery or Corruption in terms of the Anti-Corruption Act;

(j)

on a report submitted to the Police Designated

Officer or the Designated Officer of the

Commission to Investigate Allegations of

Bribery or Corruption by any other law enforcement authority pertaining to suspected proceeds of crime derived out of the committing of any unlawful activity which comes within the investigative purview of the Police or the

Commission to Investigate Allegations of

Bribery or Corruption or such law enforcement authority, as the case may be;

(k)

on a report or information submitted to either the Police Designated Officer or the Designated

Officer of Commission to Investigate Allegations of Bribery or Corruption by –

(i)

a legislative, executive, judicial, regulatory, supervisory or administrative authority of a foreign country;

(ii)

law enforcement or intelligence agency of a foreign country;

(iii)

an international, regional, or multilateral organization or agency; or

(iv)

by a mechanism or organization established under an international or regional arrangement to which Sri Lanka is party to;

(l)

following the receipt of a request from a foreign law enforcement authority including a request under the Mutual Assistance in Criminal Matters

Act;

(m)

based on a report received from the International

Criminal Police Organization (INTERPOL);

(n)

following the receipt of a suspicious transaction report or other report or communication from the Financial Intelligence Unit;

(o)

on a report including an interim report from a

Commission of Inquiry appointed under the

Commissions of Inquiry Act (Chapter 393) or from a Commission appointed under the Special

Presidential Commissions of Inquiry Law, No. 7

of 1978;

(p)

on information provided in terms of this Act by a person who has been vested with the duty to provide information;

(q)

on the receipt of a report or a communication by Parliament or a committee thereof which discloses reasonable grounds to believe that a particular property is proceeds of crime;

(r)

upon a report from the Public Service commission;

(s)

on a report from the National Police Commission;

(t)

based on a report of or a communication from the Auditor-General;

(u)

on a report from a lawfully established disciplinary body;

(v)

on a report of the Director (Bank supervision)

appointed under the Banking Act, No. 30 of 1988;

(w)

on a report of the Director (Non-Banking

Financial supervision of the central Bank of Sri

Lanka) appointed under the Finance Business

Act, No. 42 of 2011;

(x)

on a report of National Gem and Jewellery

Authority established under the National Gem and Jewellery Authority Act, No. 50 of 1993;

(y)

on a report or information submitted by any other person conferred with a duty under this Act to provide information pertaining to proceeds of crime;

(z)

on a report or information submitted by the principal investigation officer who has conducted either wholly or partly an investigation of an offence under the Prevention of Offences relating to Sports Act, No. 24 of 2019;

(aa)

on a report or information submitted by any

Organization recognized as a National Sports

Association in terms of the Sports Law, No.25

of 1973;

(bb)

on a report by any Local Authority, the Urban

Development Authority established under the

Urban Development Authority Law, No. 41 of 1978 or the Construction Industry Development

Authority established under the Construction

Industry Development Authority Act, No. 33

of 2014 and the Condominium Management

Authority established under the Apartment

Ownership Law, No. 11 of 1973; and

(cc)

upon any observation of a Designated Officer or an Investigation Officer regarding the existence of proceeds of crime, or such observation by any peace officer which is conveyed by such peace officer to a Designated Officer or an Investigation

Officer.

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