- 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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