Explain the functions of Directorate of Enforcement.

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2023
Explain the functions of Directorate of Enforcement.

Answer & Explanation:

Answer 2(d) Directorate of Enforcement is a Multi-Disciplinary Organization mandated with the task of enforcing the provisions of two special fiscal laws - Foreign Exchange Management Act, 1999 (FEMA) and Prevention of Money Laundering Act, 2002 (PMLA). The main functions of the Directorate are as under; Investigate contraventions of the provisions of Foreign Exchange Management Act, 1999 (FEMA). Contraventions of FEMA are dealt with by way of adjudication by designated authorities of Enforcement Directorate (ED) and penalties upto three times the sum involved can be imposed. Investigate offences of money laundering under the provisions of Prevention of Money Laundering Act, 2002 (PMLA) and to take actions of attachment and confiscation of property if the same is determined to be proceeds of crime derived from a Scheduled Offence under PMLA, and to prosecute the persons involved in the offence of money laundering. There are 156 offences under 28 statutes which are Scheduled Offences under PMLA. Processing cases of fugitive/s from India under Fugitive Economic Offenders Act, 2018. The objective of this Act is to provided for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian Courts and to preserve the sanctity of the rule of law in India. Sponsor cases of preventive detention under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) in regard to contraventions of FEMA. Render cooperation to foreign countries in matters relating to money laundering and restitution of assets under the provisions of PMLA and to seek cooperation in such matters.

Topics: Regulatory Bodies

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