|
Government of India
Ministry of Finance
Department of Revenue
Central
Board of Indirect Taxes & Customs
(Investigation — Customs)
*******
Instruction No. 05/2019-Customs
10th Floor, Tower-2, Jeevan Bharti Building,
Parliament Street, New Delhi,
dated: 11.12.2019
To,
All Principal Chief Commissioners/ Chief Commissioners of Customs/
Customs (Preventive)/ Customs & Central Taxes/ CGST,
The Principal
Director Generals, DRI/DGGI,
The Webmaster, CBIC.
Sir,
Sub:
Reporting of cases warranting action under PMLA-reg.
Attention is invited
to this office letter of even no. dated 02.03.2017 vide which it was requested
that cases involving action under Section 135 of Customs Act, 1962, where total
value involved is Rs. 30 lakhs or more, may be reported to Enforcement
Directorate (ED) in the prescribed ML-I and ML-II.
2. In order to meet
the international Anti-Money Laundering (AML) obligations and FATF
recommendations the Union Government has brought several legislative changes to
streamline the enforcement of PLMA and to make it more effective. In view of the
above, ED has devised new reporting formats, namely, ML-I & ML-II (copy
enclosed).
3. In this regard, formations under your jurisdiction may
kindly be directed to report the requisite cases to ED in the prescribed ML-I
and ML-II formats on a monthly basis under intimation to this office.
F. No. 394/51/2009-Commr (Inv.-Cus.)
Yours sincerely,
(Ranjana Chaudhary)
Asst. Commissioner (Inv – Cus)
CBIC, New Delhi
ML-I FOR LEAs
MONTHLY STATEMENT OF PREDICATE (SCHEDULED) OFFENCES, WHERE IN
PROVISIONS OF PMLA ACT, 2002 CAN BE INVOKED, FOR THE MONTH
OF……………, 2019
PART A
| Sr. No. |
Crime Head- Act & Sections |
No. of cases Registered |
| 1. |
Offence under IPC Sections – 12013,121,121A,255,257 to
260,302,304,307,308,327,
329,364A,384 to 389,392 to
402,411 to 414, 417 to 424,467,471,
472,473,475,476,481
to 488,489A & 4896 |
|
| 2. |
Offences under NDPS Act, 1985 Sections- 15 to 24 , 25-A,
27-A &
29 |
|
| 3. |
Offences under Explosive Substance Act 1908
Sections- 3, 4, & 5 |
|
| 4. |
Offences under the Unlawful Activities (Prevention) Act,
1967
Sections- 10 r/w Sec. 3, 11 r/w Sec. 3, 13 r/w Sec. 3,
16 r/w
Sec. 15, 16-A, 17, 18, 18-A, 18-B, 19, 20, 21, 38, 39
& 40 |
|
| 5. |
Offences under Arms Act, 1959
Sections- 25 to 30. |
|
| 6. |
Offences under the Wild Life (Protection) Act 1972 Sections-
51
r/w Sec. 9, 51 r/w Sec. 17-A, 51 r/w Sec. 39, 51 r/w Sec. 44,
51
r/w Sec. 48 & Sec. 51 r/w Sec. 49-B. |
|
| 7. |
Offences under Immoral Traffic (Prevention) Act, 1956
Sections-
5, 6, 8 & 9 |
|
| 8. |
Offences under Prevention of corruption Act, 1988
Sections- 7,
7A, 8 to 14, |
|
| 9. |
Offences under Explosive Act, 1884
Sections- 9-B & 9-C |
|
| 10. |
Offences under Antiquities & Arts Treasures Act, 1972
Sections-25 r/w Sec. 3 & Sec. 28 |
|
| 11. |
Offences under Securities & Exchange Board of India Act,
1992
Sections- 12-A r/w Sec. 24, Sec. 24 |
|
| 12. |
Offences under Custom Act, 1962
Sections- 135 |
|
| 13. |
Offences under Bonded Labour System Abolition Act, 1976
Sections- 16, 18 & 20 |
|
| 14. |
Offences under Child Labour (Prohibition & Regulation) Act, 1986
Sections-
14 |
|
| 15. |
Offences under Transplantation of Human Organs Act, 1994
Sections- 18, 19 & 20 |
|
| 16. |
Offences under Juvenile Justice (Care & Protection of Children) Act,
2000
Sections- 23, 24, 25 & 26 |
|
| 17. |
Offences under the Emigration Act, 1983
Sections-24 |
|
| 18. |
Offences under Passport Act, 1967
Sections- 12 |
|
| 19. |
Offences under the Foreigners Act, 1946
Sections- 14, 14-B &
14-C. |
|
| 20. |
Offences under Copy Right Act, 1957
Sections- 63, 63-A, 63-B &
68-A |
|
| 21. |
Offences under the Trade Mark Act, 1999
Sections- 103, 104, 105,
107 & 120. |
|
| 22. |
Offences under Information & Technology Act, 2000
Sections- 72 &
75 |
|
| 23. |
Offences under the Biological Diversity Act, 2002
Sections- 55
r/w Sec. 6 |
|
| 24. |
Offences under the Protection of Plant Verities & Farmers Right Act,
2001
Sections- 70 r/w Sec 68, 71 r/w Sec 68, 72 r/w Sec 68 & 73 r/w
Sec 68 |
|
| 25. |
Offences under the Environment Protection Act, 1986
Sections- 15
r/w Sec 7 &15 r/w Sec 8. |
|
| 26. |
Offences under the Water (Prevention & Control of Pollution) Act,
1974
Sections- 41 (2) & 43 |
|
| 27. |
Offences under the Air (Prevention & Control of Pollution) Act, 1981
Section-
37 |
|
| 28. |
Offences under the Suppression of Unlawful Acts against
Safety
of Maritime Navigation and Fixed Platforms on
Continental Shelf
Act, 2002 Section- 3 |
|
| 29. |
Offence under the Companies Act, 2013
Section – 447 |
|
Part-B
(Only those offences where the total value Involved is Rs. One
Crore or more)
| Sr. No. |
Crime Head – Act & Sections |
No. of cases Registered |
| 1. |
Offences under the customs Act,
1962. Section – 132 |
|
Part-C
(Only those offences involving cross boarder (transnational)
implications and is specified in
| Sr. No. |
Crime Head- Act & Sections |
No. of cases Registered |
| 1. |
Part ‘A’ ;or |
- |
| 2. |
****** |
- |
| 3. |
The Offences against property under chapter XVII of
IPC. |
- |
| 4. |
The offences of Wilful attempt to evade any tax,
penalty or
interest referred to in section 51 of the
Black Money
(Undisclosed Foreign Income and
Assets) and Imposition of Tax Act,
2015 |
|
ML-II FOR LEAs
DETAILS OF CASES WHICH ARE PREDICATE (SCHEDULED) OFFENCES
UNDER
THE PROVISIONS OF PREVENTION OF MONEY LAUNDERING ACT, 2002 (PMLA)
FOR THE
MONTH OF………………………. 2019
| Sr.No. |
Head |
Remarks |
| 1. |
Name of agency investigating the
predicate offences
(scheduled
offences) |
|
| 2. |
FIR No, date, U/S and Name of the
Police Station and
District |
|
| 3. |
Complete address, email ID, if any,
with Telephone and Fax
No of the SHO |
|
| 4. |
Predicate (scheduled) Offences and
Act appearing in the FIR
as per Sr.
No.2 above |
|
| 5. |
Brief facts of the case |
|
| 6. |
Details of the accused whether
arrested or other-wise |
|
| 7. |
Details of properties (with detail of
owners) suspected to
have been
acquired with the proceeds of crime
|
|
| 1 Movable |
|
| 2 Immovable |
|
| 8. |
Present position of the case (pending
investigation/trial)
if pending trial, dates
of charge sheet U/S 173 Cr PC and
details
of trial court. |
|
| 9. |
Remarks (if any) |
|
|