ISLAMABAD: Pakistan Customs will refer currency seizure emanating from smuggling, misdeclaration or non declaration of currency, bearer negotiable instruments, gold, jewelry, precious metals, gemstones, narcotics, psychotropic substances, or antiques cases to Counter Terrorism Departments (CTD) of the concerned provinces to fulfill FATF guidelines.
The Customs order ‘guidelines for strengthening sustainability and Effectiveness of Anti-money laundering (AML)/Counter Financing Terrorism mechanism of Pakistan Customs’ states that FBR is pleased to direct that the following guidelines shall be observed by the various customs formations in relation to cases made out against persons on account of predicate offences as listed in schedule-1 of the anti-money laundering Act 2010 under the Customs act, 1969;
Referral to Counter Terrorism Department
All cases of currency seizure emanating from smuggling, misdeclaration or non declaration of currency, bearer negotiable instruments, gold, jewelry, precious metals, gemstones, narcotics, psychotropic substances, or antiques under the relevant provisions of the Customs Act 1969 in which based on the scrutiny of documents, record and or statements, one or more of the following criteria is/are met shall be referred on prescribed format to the CTD of the concerned province under intimation to the director, directorate of cross border currency movement (CBCM).
Meanwhile, all cases of seizures of currency, bearer negotiable instruments, gold, precious stones and metals other than the above may be communicated on the prescribed format for information and record of CTD under intimation to the directorate of CBCM for immediate or future use by CTD.
Document states that Customs and CTD shall continue to use the existing inter-agency coordination mechanism including the Boarder Task Force forum for mutual information sharing cooperation and coordination against organized crimes including money laundering and terrorism financing.
The investigation officer of Customs, during the investigation of predicate offences, will keep the check list in view while considering whether a case qualifies to be referred to CTD or not.
In cases where a collectorate/ directorate of Pakistan Customs makes a seizure, lodges an FIR or frames a contravention case which fulfills any of the following criteria shall be referred to the respective regional directorate of the Customs Intelligence under intimation to the directorate of CMCM for parallel ML investigation under the AMLA 2010
Mutual Legal Assistance requests, other forums of International Assistance
Formal MLA requests; the collector/director shall ensure that in all cases where the accused or the criminal offence has links in a foreign jurisdiction and evidence from such foreign jurisdiction can be useful for investigation, an MLA request is sent to the concerned foreign jurisdiction in either through the national focal point under the MLA act 2020 under intimation to the Chief, international Customs FBR or through the office of Chief International Customs FBR.
Responsibilities of Border Stations, Sea & Dry Ports, Airports
Maintenance and updating of data of seizures of goods under the customs act 1969 and other predicate offences, listed in schedule-1 of the AMLa, 2010 as per CGO 4/2019 dated May 6, 2019.
keep active liaison and coordination with other law enforcing agencies in the fight against predicate offences and ML/CFT where Pakistan customs has a specified role.
Updating risk assessment and mitigation strategy
All collectorates shall be required to send biannual reports to the Chief, FATF cell FBR on new risks and purpose corresponding mitigation measures so that risk assessment, risk mitigation strategy and risk based approach are updated for a dynamic and robust AML/CFT regime across all Pakistan Customs formations.
Risk based approach should be followed while posting officers and officials at strategic locations and posts. while issuing their placement orders, it should be ensured by the respective heads of the collectorate/directorates that such officers and officials have required the relevant AML/CFT related training.