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Contents

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

68. Notice calling for explanation

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

(1)

If upon the information available pertaining to suspected proceeds of crime, and where necessary, following a fact finding or an investigation, if there is reasonable grounds to believe that an identified property is proceeds of crime, an Investigation Officer may following a contemporaneous recording of reasons and with the approval of the corresponding Designated Officer, serve on-

(a)

the person having possession, custody, control, or dominion of such property;

(b)

the person who is registered or is known to claim, the ownership of such property;

(c)

any person having beneficial interests in such property;

(d)

the agent, nominee, representative, manager, principal officer, or attorney of the persons referred to in paragraphs (a), (b) or (c) of this subsection; or

(e)

any one of the persons set out in paragraphs (a), (b), (c) or (d) of this subsection, a notice in the form specified in Schedule I to this Act.

(2)

The Notice under subsection (1) shall require the person to whom the Notice is served to provide accurate information regarding the -

(a)

manner in which he acquired, came into possession, is owning, controlling, having dominium or using such property;

(b)

the lawfulness of his acquisition, possession, owning, controlling, having dominium or using such property, including the sources of the consideration provided for such acquisition, possession, control, dominium, or use;

(c)

identity of the person from whom he received the property and the circumstances pertaining to such receipt; and

(d)

any other information pertaining to such property as may be specified in such notice.

(3)

Such notice shall be served for the purpose of obtaining explanation and information pertaining to the property described in such notice, and specifically for the purpose of ascertaining inter alia-

(a)

whether the identified property is proceeds of crime;

(b)

whether the property has been derived out of the committing of one or more specific unlawful activities, and if so that identity of such unlawful activity that yielded such proceeds of crime and evidence relating to such unlawful activities;

(c)

whether any person has committed an offence under this Act in respect of such property;

(d)

the identity of the person who had committed the corresponding unlawful activity; and

(e)

the evidence relating to such unlawful activity and the proceeds of crime.

(4)

For the purpose of this section “serve” mean manually, transmitted through registered post or electronically, and includes situations where the acceptance was rejected by the recipient.

(5)

Nothing in this Act shall prevent an Investigation

Officer from serving an Order in terms of subsection (1) of section 71 at the time of or soon after serving a notice calling for explanation under subsection (1) of this section or upon receiving an explanatory statement under subsection (1) of section 69.

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