Section 34: Property Related With the Offence of Money Laundering (ML) or Terrorist Financing (TF) to be Confiscated

1) Any following property or instrumentality related to the offence shall be confiscated upon conviction on the offence of money laundering or terrorist financing, regardless of whoever entitles, owns, possesses or has any interest in:

(a) Property related with the offence of money laundering,

(b) Instrumentality used or intended to be used in the commission of the offence of money laundering,

(c) Property related with the offence of terrorist financing,

(d) Property used or intended to be used in the offence of terrorist financing, or property used or intended to be used or allocated for the use in a terrorist act or by (for the use of) individual terrorist, terrorist group or terrorist organisation,

(e) Instrumentality used or intended to be used in the offence of terrorist financing.

2) Property of corresponding value shall be confiscated if it is not possible to seize such property or instrumentality as stipulated in subsection (1) due to the disposal, concealment, use or consumption of such proceeds or instrumentality or by any other reason.

3) There should be proper protection of bona-fide third parties while confiscating the property or instrumentality pursuant to sub-sections (1) or (2).

4) Notwithstanding whatever written in sub-section (3), property or instrumentality and other property or value generated there from the bona fide third party not involved in the offence shall be confiscated if the following circumstances exist, for the purpose of  sub-section (3):

(a) If such property or instrumentality is not found to be related with the offence of money laundering or terrorist financing,

(b) If such property is not the proceeds of crimes or instrumentality related to the offence, or

(c) If such property or instrumentality is found to have been acquired before the commission of the offence of money laundering or terrorist financing and without knowledge that such property may be used in the offence.