FIU’s power to obtain search warrants

Without prejudice to its powers under any other Act, a supervisory authority, the competent authority or a law enforcement agency, upon application to a Judge of the Supreme Court in Chambers ex parte and satisfying him that there are reasonable grounds to believe that one or more of the following conditions has been satisfied– (a) that a person has failed to fully comply with a request for information by the supervisory authority within the time period specified in the request and that on the premises specified in the warrant– (i) there are documents that have been required to be produced; or (ii) there is information that has been required to be provided; (b) that– (i) a request for information could be lawfully issued by the supervisory authority against a person; (ii) there are documents, or there is information, on the premises specified in the warrant in respect of which a request for information could be lawfully issued; and (iii) if a request for information was to be issued, it would not be fully complied with or the documents or information to which the notice related would be removed, tampered with or destroyed; or (c) that– (i) an offence under this Act or any Regulations or guidelines, or any other law relating to money laundering or terrorist financing, has been, is being, or may be, committed by a person; (ii) there are documents, or there is information, on the premises specified in the warrant that evidence the commission of the offence; and (iii) if a request for information was to be issued, it would not be complied with or the documents or information to which 76[CAP. 104 Money Laundering and Terrorism (Prevention) the request related would be removed, tampered with or destroyed. (2) A warrant issued under this section shall authorise a named representative of the supervisory authority, together with a police officer and any other person named in the warrant– (a) to enter the premises specified in the warrant at any time within 1 week from the date of the (b) to search the premises and take possession of any documents or information appearing to be documents or information of a type in respect of which the warrant was issued or to take, in relation to such documents or information, any other steps which appear to be necessary for preserving or preventing interference with them; (c) to take copies of, or extracts from, any documents or information appearing to be documents or information of a type in respect of which the warrant was issued; (d) to require any person on the premises to provide an explanation of any document or information appearing to be documents or information of a type in respect of which the warrant was issued or to state where such documents or information may be found; and (e) to use such force as may be reasonably necessary to execute the warrant. (3) Unless the Judge, on the application of the supervisory authority, otherwise orders, any document of which possession is taken under this paragraph may be retained– (a) for a period of 3 months; or (b) if, within a period of 3 months, proceedings for an offence to which the document is relevant are commenced against any person, until the conclusion of those proceedings.