Offences under Sales Tax Act 2018 and Service Tax Act 2018 gazetted as money laundering offences

The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (Amendment of Second Schedule) Order 2019 [P.U.(A) 181/2019] (“Amendment Order”) was gazetted on 2 July 2019 and came into operation on 3 July 2019.
 
Under the Amendment Order, the items set out in the tables below have been added to the Second Schedule to the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“Principal Act”). Thus, each of these items is deemed to be a “serious offence” as defined in section 3 of the Principal Act –
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It is to be noted that the commission of a serious offence, or any attempt to commit a serious offence, or the abetment of a serious offence is deemed to be an “unlawful activity” (regardless whether it takes place within or outside Malaysia) under the Principal Act. 
 
Amongst other sanctions set out in the Principal Act, a person who engages, directly or indirectly, in a transaction that involves the proceeds of an unlawful activity commits an offence of money laundering.  In addition, the proceeds derived from a money laundering offence may be frozen or seized by an enforcement agency and be forfeited by the Malaysian Government, even where there is no prosecution or conviction for the offence.