Criminal Asset Recovery Order, 2012 · As enacted · Part IV · Restraining Orders, Confiscation Orders, Benefit Recovery Orders, Non-Conviction Based Forfeiture Orders and Unexplained Wealth Declarations
Official textFrom Attorney General's Chambers, unchanged
( 1)
This Part shall apply -
(a}
in respect to any money laundering offence or serious offence; and
in respect of an offence under the law of a foreign country in relation to acts and omissions which, had they occurred in Brunei
Darussalam would have constituted a money laundering offence or serious offence or in Brunei Darussalam:
Provided that -
in the case of a request relating to a restraining or to the recovery of proceeds, instrumentalities or benefits, there is property located in Brunei Darussalam that can be restrained or recovered for the purpose of a confiscation order or benefit recovery order; or
in the case of a request relating to tracing, identifying, locating or quantifying proceeds, benefits or instrumentalities, there is or may be relevant information or evidence within Brunei
Darussalam; and
a request of assistance has been made by the foreign country for the restraining or confiscation of property in relation to the offence, or for information or evidence that may be relevant to the proceeds, benefits or instrumentalities of the offence.
With respect to the application of this Part, in relation to the offences set in subsection (l)(b), the authorities within Brunei Darussalam shall have discretion whether or not to seek orders and to otherwise apply the provisions of this Part.
This Part shall apply even if the conduct which forms the basis for the offence occurred before the Part came into effect, and shall apply to any benefit whether it was obtained before or after this Part came into force.
Restraining Orders
Part VIII