Criminal Asset Recovery Order, 2012 · s 37

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37.
Reports about cross border movements of cash
(1)
A person shall not move or attempt to move into or out of Brunei
Darussalam cash the total value of which exceeds the prescribed amount, without giving a report in respect of the movement accordance with this section.
(2)
A person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 3 years or both.
(3)
It shall be a defence for a person charged with an offence under subsection (2) to prove that he did not know or had no reasonable grounds to believe that the receptacle within which the case was moved or attempted to be moved contained cash.
(4)
A report under this section shall -
fa)
be in a form approved by the Authority;
(b)
contain full and accurate information relating to the matter being reported as is specified in the form;
{c)
be given 572
lil to an officer of customs or an immigration officer, if the movement of cash is to be effected by a person bringing or taking the cash into or out of Brunei Darussalam with the person; or
(ii)
in any other case, to the Authority or, if regulations permit, to an authorised officer; and
{d)
be given at the prescribed time.
(SJ
The Authority may, with the approval.of His Majesty the Sultan and
Yang
Di-Pertuan, make regulations for the matters referred to in subsections (S){a}, {c) and {d); and may, for the purposes of subsections (S){a} and
(d), prescribe different forms and different times -
{a}
for different manners of moving cash into and out of Brunei
Darussalam; and
{b}
for different classes of persons.
(6)
Subsection (1) shall not apply if
{a}
the person is a commercial passenger carrier; and
{b)
the cash is in the possession of any of the carrier's passengers.
(7)
Subsection (1) shall not apply if
{a}
the person is a commercial goods carrier;
{b)
the cash is carried on behalf of another person;
{c)
the other person has not disclosed to the carrier that the goods carried on behalf of the other person include cash; and
{d)
the carrier does not know and has no reasonable grounds to believe that the goods carried on behalf of the other person include cash.
(8)
The burden of proving the matters referred to in subsection (6) or (7)
lies with the person who wishes to rely on that subsection.

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s 37Reports about cross border movements of cash

(1)

A person shall not move or attempt to move into or out of Brunei

Darussalam cash the total value of which exceeds the prescribed amount, without giving a report in respect of the movement accordance with this section.

(2)

A person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 3 years or both.

(3)

It shall be a defence for a person charged with an offence under subsection (2) to prove that he did not know or had no reasonable grounds to believe that the receptacle within which the case was moved or attempted to be moved contained cash.

(4)

A report under this section shall -

fa)

be in a form approved by the Authority;

(b)

contain full and accurate information relating to the matter being reported as is specified in the form;

{c)

be given 572

lil to an officer of customs or an immigration officer, if the movement of cash is to be effected by a person bringing or taking the cash into or out of Brunei Darussalam with the person; or

(ii)

in any other case, to the Authority or, if regulations permit, to an authorised officer; and

{d)

be given at the prescribed time.

(SJ

The Authority may, with the approval.of His Majesty the Sultan and

Yang

Di-Pertuan, make regulations for the matters referred to in subsections (S){a}, {c) and {d); and may, for the purposes of subsections (S){a} and

(d)

, prescribe different forms and different times -

{a}

for different manners of moving cash into and out of Brunei

Darussalam; and

{b}

for different classes of persons.

(6)

Subsection (1) shall not apply if

{a}

the person is a commercial passenger carrier; and

{b)

the cash is in the possession of any of the carrier's passengers.

(7)

Subsection (1) shall not apply if

{a}

the person is a commercial goods carrier;

{b)

the cash is carried on behalf of another person;

{c)

the other person has not disclosed to the carrier that the goods carried on behalf of the other person include cash; and

{d)

the carrier does not know and has no reasonable grounds to believe that the goods carried on behalf of the other person include cash.

(8)

The burden of proving the matters referred to in subsection (6) or (7)

lies with the person who wishes to rely on that subsection.