- A BJP MP has advocated that the Enforcement Directorate (ED) should be shifted to the Ministry of Home Affairs. The ED is a specialized financial investigation agency. At present, it functions under the Department of Revenue, Ministry of Finance.
- The ED is mandated to deal with matters pertaining to the Prevention of Money Laundering Act (PMLA) and Foreign Exchange Management Act (FEMA).
- Foreign Exchange Management Act, 1999 (FEMA) is a Civil Law which deals with investigations into suspected contraventions of the Foreign Exchange Laws and Regulations.
- Prevention of Money Laundering Act (PMLA), 2002 is a criminal law that provides for investigation, arrest and prosecution of offenders found to be involved in Money Laundering.
- Under the present system, the ED cannot independently register a case under the Prevention of Money Laundering Act (PMLA). It has to mandatorily take cognizance of a case registered under other laws like the IPC, Passport Act etc.
- It has been argued that the ED predominantly consists of officers from the Finance Ministry who do not have adequate expertise or training in matters pertaining to the IPC or other such laws which are perquisite to deal with PMLA.
- Thus, it has been advocated the PMLA and also the ED should be move to Home Ministry for more efficacy in dealing with matters related to money laundering.
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