27/11/2022
NIA, CCI, External Affairs Ministry added to list of entities bound to share information with ED under PMLA
NIA, CCI, External Affairs Ministry added to list of entities bound to share information with ED under PMLA.
The powers of the Enforcement Directorate have been broadened, with 15 more entities, including military intelligence, being required to share information with the agency.
The Central government on Tuesday amended a 2006 notification to add 15 bodies to a list of entities bound to share information with the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA).
A notification issued by the Union Finance Ministry published on November 22 states that the list has been amended in exercise of its powers under Section 66 of the PMLA, in public interest.
The following entities have been added to the list of entities that are to share case information with the ED:
1. National Investigation Agency
2. Serious Fraud Investigation Office
3. State Police Department
4. Regulator, as defined under clause (fa) of rule 2 of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005
5. Director General of Foreign Trade
6. Ministry of External Affairs
7. Competition Commission of India
8. Special Investigation Team constituted, vide notification of the Government of India, Ministry of Finance, Department of Revenue published in the Gazette of India, Extraordinary, Part-I, Section-I, vide number F.No.11/2/2009-Ad.E.D. dated the 29th May, 2014;
9. National Intelligence Grid
10. Central Vigilance Commission
11. Defence Intelligence Agency
12. National Technical Research Organisation
13. Military Intelligence
14. An inquiry authority appointed under sub-rule (2) of rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 or the provisions of the Public Servants (Inquiries) Act, 1850 (37 of 1850) and any other preliminary enquiry authority appointed with concurrence of the Central Vigilance Commission, by the Disciplinary Authority, with the prior approval of the Central Government
15. Wildlife Crime Control Bureau
Under Section 66 of the Act, these entities are bound to disclose case information to the ED if the probe falls under its jurisdiction. The ED, based on this information, can file a case under the PMLA, if it deems fit. The provision states,
"(1) The Director or any other authority specified by him by a general or special order in this behalf may furnish or cause to be furnished to-
(ii) such other officer, authority or body performing functions under any other law as the Central Government may, if in its opinion it is necessary so to do in the public interest, specify, by notification in the Official Gazette, in this behalf, any information received or obtained by such Director or any other authority, specified by him in the performance of their functions under this Act, as may, in the opinion of the Director or the other authority, so specified by him, be necessary for the purpose of the officer, authority or body specified in clause (i) or clause (ii) to perform his or its functions under that law."
Until now, only the following entities were required to share information with the ED:
Director (Financial Intelligence Unit, India, under the Ministry of Finance, Department of Revenue)
Cabinet Secretariat (Research and Analysis Wing)
Ministry of Home Affairs/National Security Council Secretariat/Intelligence Bureau
Economic Offences Wing of Central Bureau of Investigation
Chief Secretaries of State governments
Reserve Bank of India
Department of Company Affairs
Securities and Exchange Board of India.
