Cap. 373 · Prevention Of Money Laundering Act (Cap. 373)
Cap. 373 чл. 28Delay of execution of a suspicious transaction.
PART II
(1) Where the Unit is informed by a subject person that a transaction to be carried out is suspected or known to be related to money laundering or the funding of terrorism, or to involve property that may have derived directly or indirectly from, or constitutes the proceeds of, criminal activity, or where, on the basis of information in its possession, including upon a request by a foreign body, authority or agency which is considered to have functions equivalent or analogous to those of the Unit, the Unit knows or suspects that a transaction to be carried out by a subject person is related to money laundering or the funding of terrorism, or involves property that is derived from or constitutes the proceeds of criminal activity, the Unit may, where it considers such action necessary, oppose the execution of the transaction and a notification of such opposition shall be made to the subject person concerned by any written means: Provided that where the Unit opposes the execution of the transaction following receipt of information from the subject person, the notification of such opposition shall be made to the subject person by not later than one working day following the day on which the information was received by the Unit and the subject person shall, within such period, not carry out the transaction in question.
(2) The opposition by the Unit shall suspend the execution of the transaction for a period of one working day following the day of the notification by the Unit referred to in sub-article (1), unless the Unit shall, by any written means, authorise earlier the execution of the transaction.
(3) The Unit may, at its discretion, extend the period referred to in sub-article (2) by a further working day where this is considered to be necessary by the Unit and such extension shall be notified to the subject person before the lapse of the period referred to in sub-article (2).
(4) The obligation not to execute a transaction suspended in terms of this article shall prevail over any legal or contractual obligation to which a subject person may be subject.
(5) Where the Unit does not oppose the execution of the transaction as provided in sub-article (1), the subject person concerned may proceed with the execution of the transaction upon the lapse of the period referred to therein and where a notification of opposition has been made to the subject person in accordance with sub-article (1), the subject person concerned may proceed with the execution of the transaction upon the lapse of the period referred to in sub-article (2) or the extended period referred to in sub-article (3), as the case may be, unless in the meantime an attachment order has been served on the subject person.
(6) Where the Unit receives a request from a foreign body, authority or agency referred to in sub-article (1), it shall acknowledge receipt of that request and shall subsequently notify such foreign body, authority or agency of the decision whether the execution of the transaction subject to the request has been opposed or otherwise.