Legal framework
Legislation
The Asset Recovery Bureau is the competent issuing and executing authority for Malta pursuant to the provisions of EU Regulation 2018/1805.
The Proceeds of Crime Act, 2021 — Act No. V of 2021 — is an Act enacted by the Parliament of Malta to provide for the identification, tracing, freezing and confiscation of the proceeds of crime.
This includes laundered property, income and other benefits derived from such proceeds held by criminal defendants, and property that is the proceeds of, or used in, or intended or allocated for use in the financing of terrorism, terrorist acts or terrorist organisations. The Act also provides for the setting up of the Asset Recovery Bureau as a body independent of Government, for non-conviction based confiscation of the proceeds of crime, and for matters consequential or ancillary thereto.
National law
Proceeds of Crime Act, 2021 (Cap. 621)
Act No. V of 2021 · Consolidated text on legislation.mt View LAWAsset Recovery Bureau Regulations
Legal Notice 357 of 2015 (S.L. 9.23) — made under art. 700 of the Criminal Code View LAWMutual Recognition of Freezing & Confiscation Orders Regulations, 2021
Legal Notice 180 of 2021 View LAWCriminal Code (Cap. 9)
Article 700 and related confiscation / freezing provisions ViewEuropean Union instruments
Regulation (EU) 2018/1805
Mutual recognition of freezing and confiscation orders View on EUR-Lex EUDirective 2014/42/EU
Freezing & confiscation of instrumentalities and proceeds of crime View on EUR-LexIssuing & executing authority
Cross-border recovery
Under Regulation 2018/1805, the Bureau transmits Maltese orders for execution in other Member States and gives effect, in Malta, to orders issued abroad.
How the ARB operates