Laws
Criminal Asset Recovery Order, 2012
Part III
s 38

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Contents

Criminal Asset Recovery Order, 2012

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2Interpretation. CONSTITUTION OF BRUNEI DARUSSALAM (Order made under Article 83(3}) CRIMINAL ASSET RECOVERY ORDER, 2012

Part I

1This Order may be cited as the Criminal Asset Recovery Order, 2012. Interpretation.
2{1)

IIMoney Laundering

3Money laundering offences

Chapter I

4Opening account in false, etc name
5Identification requirements
6Information to be obtained on customers
7Verification procedures
8Timing of customer identification and verification
9High risk customers and politically-exposed persons
10Identification and account-opening for cross-border correspondent banking relationships
11A financial institution or designated non-financial business and profession that is unable to fulfill the requirements of sections 5 to 10...
12Special monitoring of certain transactions
13Additional procedures for ongoing due diligence
14[1)

Chapter II

15Obligation to report suspicious transactions
16{1)
17Protection of identity of persons and information relating to suspicious transaction reports and cash transaction reports
18Exemption from liability for good faith reporting of suspicious transactions
19Failure in reporting suspicious transactions or cash transactions
20Prohibition against tipping-off
21Internal reporting procedures
22! 1)
23Failure to maintain or provide access to records
24Failure to fulfill due diligence obligations or maintain internal controls
25False or misleading statement
26Measures and sanctions
27Prohibition against shell banks
28Compliance with obligations by foreign subsidiaries and branches
29No secrecy or confidentiality provision in any other written law shall prevent a financial institution or designated non-financial business...

Chapter III

30Functions and powers of Financial Intelligence Unit
31(1) In relation to any information it has received in accordance with its functions, the Financial Intelligence Unit is authorised to obtai...
32Obligations regarding confidentiality and use of information
33{1}
34Sharing of information with foreign counterpart agencies

IIICross Border Movements of Physical Currency and Bearer Negotiable Instruments

35Cross Border Movements of Physical Currency and Bearer Negotiable Instruments
3611} InthisPart-
37Reports about cross border movements of cash
38Obligation of immigration officers or officers of customs
39Reports about transportation of cash into or out of Brunei Darussalam by cargo, courier, postal service or any other means
40Questioning
41Search
42Seizure of cash
43Detention of seized cash

44Release of seized cash
45Forfeiture
46Application of forfeited cash

IVRestraining Orders, Confiscation Orders, Benefit Recovery Orders, Non-Conviction Based Forfeiture Orders and Unexplained Wealth Declarations

48Application
49Application for restraining order
50Restraining orders

51Notice of application for restraining order
52Service of restraining order
53Ancillary orders with regard to restraining orders
54Where-
55Restraining order made in respect of land
56Seizure of property subject to restraining order
57Contravention of restraining order
58High Court may revoke restraining orders
59When restraining order ceases to be in force
60Application for confiscation order or benefit recovery order
61{1)
62Amendment of application
63Procedure on application
64Absconded person
65Confiscation order where person has absconded
66Effect of death on proceedings
67Where any document is required under this Order to be served on a person who cannot be found or who is outside Brunei Darussalam and cannot...
68Confiscation order on conviction
69Effect of confiscation order
70Voidable transfers
71Protection of third parties
72Discharge of confiscation order and quashing of conviction
73Payment instead of confiscation order
74Application of procedure for enforcing fines
75Benefit recovery order on conviction
76Rules of determining benefit and assessing value
77Statements relating to proceeds of offences and benefits from commission of money laundering offences or serious offences
78Amounts recovered under benefit recovery order
79Variation of benefit recovery order
80Court may lift corporate veil
81Enforcement of benefit recovery orders
82Discharge of benefit recovery orders
83Non-conviction based forfeiture order for tainted property
84Forfeiture of property seized under this Order where there is no prosecution, or no proceedings or no claim thereto

Chapter IV

85Application for unexplained wealth declaration
86Unexplained wealth
87Assessing value of unexplained wealth
88Constituents of person's wealth
89Unexplained wealth declaration
90Unexplained wealth payable to Fund
91Request for enforcement of Orders
92Requests for issue of orders in foreign countries

Chapter LI

93Foreign requests for restraining orders
94Requests for enforcement of foreign restraining, confiscation and benefit recovery orders
95Registered foreign restraining orders High Court may direct authorised officer or person appointed by High Court to take custody and control of property
96Foreign requests for location of proceeds of crime
97Powers of investigation with regards tainted property in relation to foreign offences
98Sharing confiscated property with foreign countries

Part VI

99Any authorised officer may arrest without warrant any person whom he reasonably suspects of committing or attempting to commit an offence u...
1001)
101Power to examine persons
102Special powers of investigation in relation to statutory declaration
103Search of person
104[1)
105[1)
106Delivery of property, record, report or document
107Seizing of property, record, report or document
108Release of property, record, report or document seized
109Statement to be admissible
110Further provisions relating to seizure of property
111Seizure of land
112Dealings with seized property after seizure to be void
113Validity of seizure, or sale in consequence thereof, not to be affected by certain objections
114Special provisions relating to seizure of business

115Restriction on disposal of property etc.
116Surrender of travel documents
117Return of travel documents
118{1)
119Power to obtain telecommunication records
120{1)

Part VII

121
122(1) The High Courtr Intermediate Court or a Court of a Magistrate may try any offence under this Order.

VIIIGeneral

123Criminal Assets Confiscation Fund
124Compensation
125Notice or order not to be invalid for error in description
126Service of any notice or order
127(1) Except as hereinafter provided, no complaint as to an offence or any proceedings under this Order shall be admitted in evidence in any...
128(1) Notwithstanding any written law to the contrary, in any proceedings against any person for an offence under this Order, no agent provoc...
129Proceedings under Order are civil proceedings
130Appeals
131Ancillary orders
132Consent order
133Admissibility of statements and documents of persons who are dead or cannot be traced etc.
134Proof of conviction and acquittal
135Preservation of secrecy
136Application
137Directions to prevent money laundering
138Directions and guidelines to discharge Brunei Darussalam's obligations
139Any person who contravenes -
140Any person who attempts to commit any offence punishable under this
141Where an offence against this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to...
142Where a person is liable under this Order to a penalty for any act, omission, neglect or default, he shall be liable to the same penalty fo...
143Falsification, concealment and destruction of document etc.
144Seizable and non-bailable offence
145Evidence of market value of drugs
146Operation of other laws not affected
147(1) A person who has been arrested by any authorised officer may be released on bail or on his own bond granted by any law enforcement agen...
148An authorised officer, other than a police officer, making an arrest under section 99 shall make over the person so arrested to the nearest...
149Immunity from proceedings
150Protection of persons for acts done under Order
151(1) The Minister or the Authority, as the case may be, may with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulation...
152The Chief Justice may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make Rules of Court for the purposes of this Order....
153(1) Subject to subsection (2), the Anti-Money Laundering Act, the Drug Trafficking (Recovery of Proceeds) Act and the Criminal Conduct (Rec...

Criminal Asset Recovery Order, 2012 · As enacted · Part III · Cross Border Movements of Physical Currency and Bearer Negotiable Instruments

38. Obligation of immigration officers or officers of customs

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Official textFrom Attorney General's Chambers, unchanged

If a report under section 37 is given to an immigration officer or officer of customs, he shall, forward it to the Authority.

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Part IV

Restraining Orders, Confiscation Orders, Benefit Recovery Orders, Non-Conviction Based Forfeiture Orders and Unexplained Wealth Declarations

Read on from Part IV

Chapter IV

Read on from Chapter IV

Chapter LI

Read on from Chapter LI

Part VI

Read on from Part VI

Part VII

Read on from Part VII

Part VIII

General

Read on from Part VIII

Details

Criminal Asset Recovery Order, 2012 · s 38

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Attorney General's Chambers · Criminal Asset Recovery Order, 2012, As enacted. Reader record updated on 2 Oct 2026.

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