The federal cabinet has approved Anti-Terrorism (Freezing and Seizure) Rules 2018 in principle according to which the government would freeze or seize assets of proscribed individuals involved in terrorism. According to the summary tabled on Tuesday, the Anti Terrorism (Freezing and Seizure) Rules, 2018, initiated by Finance Division were processed in Ministry of Interior on the advice of Law and Justice Division.
The source said, in the light of recommendations received from all the stakeholders including Ministry of Foreign Affairs, Ministry of Finance, Narcotics Control Division, FIA, ANF, NAB, FBR, SECP and State Bank of Pakistan, the Rules have been finalized and duly vetted by the Ministry of Law & Justice. Summary was earlier submitted to the CCLC wherein, the committee proposed some amendments in the Draft Anti Terrorism (Freezing and Seizure) Rules, 2018 which have been incorporated in the summary accordingly, sources said.
In exercise of the powers conferred by Section 35 of the Anti Terrorism Act, 1997 (XXVII of 1997), the federal government or a provincial government may, by notification in the official gazette, make rules for carrying out the purposes of Anti Terrorism Act, 1997. Ministry of Interior, in its summary requested federal cabinet to accord approval notifying Anti Terrorism (Freezing and Seizure) Rules, 2018 in the official gazette to carry out the purposes of the Anti Terrorism Act, 1997.
Proscription Order - without prejudice to any international commitment of the Government of Pakistan, obligation under the Act to freeze or seize, as the case may be, properties of a proscribed organization or person shall commence from the date of publication of the proscription order relating to a proscribed organization or person in the official Gazette and be performed by any authority, agency, company, entity, body, firm or individual, whether governmental or non-governmental, public or private, holding the property of a proscribed organization or person.
The property liable to the frozen or seized under the Act, includes - (i) the properties owned or controlled, wholly or partly, directly or indirectly, by a proscribed organization or person; and (ii) the property owned or effectively controlled by any person acting on behalf of or at the direction of any proscribed organization or person.
Prohibition - As and when a property is frozen or seized, no further use, transfer, conversion, disposal, removal or dealing of such property shall take place except with prior written approval of the federal government or with the order of competent court of law. Recovery - All recoveries under these Rules shall be made by Government of Pakistan as areas of land revenue.
Responsibility of the person carrying out freeze - The person carrying out the freeze of seizure shall - (a) submit a report as set out in Form-A to the Secretary to the Government of Pakistan, Interior Division within forty-eight hours of the freezing or seizure; and (b) attach with the report copies of any documents in his possession concerning the property that has been frozen or seized.
Government to share report -The government shall share the report and any documents attached with the concerned authorities. Copy to occupant - A copy of such freezing or seizure shall be communicated to the concerned accused, owner and occupant for information. Mode of Freeze or Seizure - Procedure of freezing - The properties of a proscribed organization or person shall be frozen or seized in the manner given in this chapter and, where a specific provision has not been made, in such manner so as to ensure that the property is not acquired, used, converted, transferred, concealed, removed or otherwise dealt with by any person except with prior written approval of the federal government or order of a competent court of law.
Seizure - Without prejudice to rule 11, any money, cash, securities, bearer instruments of value, articles of value and documents of title or ownership of properties relating to proscribed organization or person shall be seized.
Deposit in Bank - Any money, cash, instruments and articles of value seized shall be deposited for safe custody either with the State Bank of Pakistan or National Bank of Pakistan in bank account especially meant for this purpose and such bank shall issue a proper receipt for the money, instruments and articles of value so deposited and the seizure shall continue accordingly.
Property in lockers - Any money or articles of value deposited with the banks or financial institutions or placed in their safe lockers shall be frozen and no further dealings or transactions shall be made with respect to such money or articles, without prior permission of the federal government or order of a competent court of law.
Profit - A person who has been frozen or seized any money or other property may receive profit, interest, income, return, earning or other addition relating to such property, which shall also be subjected to freezing or seizure, as the case may be, on receipt.
Payment to debtor - A debtor's or other payment, obligation owed to a proscribed organization or person shall only be paid for the benefit of such organization or person on permission by the authorized person or court order.
Freezing of NBFC: A corporate entity, including non-banking financial companies, stock exchange, clearing house, or a depository company shall freeze and wont not transfer any share, debenture, bond, unit trust, or any other instrument of investment of a proscribed organisation or person. Any dividend, profit, return on bonus share shall accrue and shall not be paid to the owners of such shares except with prior written approval of the federal government.
the person effecting freeze or seizure of a moveable property under the Act shall not be given away possession of such property to the proscribed organisation or person and shall be responsible for the due custody thereof provided that when the property seized is perishable of subject to speedy and natural decay, such person may sell it at once with orders of the court concerned and submit a report about details of the sale to the Interior Division.
Immovable property: An immovable property shall be frozen by avoiding or restraining the transfer or creation of an encumbrance over, such property.
Access to Money: A proscribed organisation or person may submit written application to the Secretary Interior for access to services, money or other property necessary to make payments for following expenses including family subsistence not exceeding Rs 30,000 per month depending upon size of the family, (i) food stuffs;(ii) rent or mortgage;(iii) medicines and medical treatment;(iv) taxes;(v) insurance premiums;( vi) public utility charges;(vii) reasonable professional fees for the provision of legal services;( viii) fees or service charges for routine holding or maintenance of frozen funds or other financial assets / economic resources.
Application to access money: the application for access to money or other property shall specify the types of expenses or payments for which exemption from freezing or seizure is sought, the total amount of money or other property required for the purpose and full details to substantiate the need for such money or other property. Grant of access to money: The access to money or other property may be granted by the federal government subject to any general or special conditions including any time limits.
Appeal: A proscribed organisation or person feeling aggrieved by any order under these Rules may prefer an appeal to the Minister-in-charge Interior Division who may pass order on the appeal within 30 days of receipt of the appeal after providing to the appellant to the opportunity of personal hearing.
Provision to be addition and not in derogation: The provisions of the Rules shall be in addition to and not in derogation of any other provisions on attachment, seizure or confiscation of properties provided under the Code of Criminal Procedure, 1898(Act V of 1898) or any other law for the time being in force.
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