ED
ENFORCEMENT DIRECTORATE
Recently, The Enforcement Directorate (ED) summoned Delhi Chief Minister Arvind Kejriwal yet again for
questioning in the excise policy case.
Enforcement Directorate (ED): The Directorate of Enforcement is mandated with investigation
of off enses of money laundering and violations of foreign exchange laws under the Department of
Revenue of the Ministry of Finance.
Appointment of Director of ED: The ED Director is appointed by the central government on the
recommendation of a committee:
Chaired by the Central Vigilance Commissioner and
Members comprising the Vigilance Commissioners, Home Secretary, Secretary DOPT and
Revenue Secretary.
ED Director Tenure: The Enforcement Directorate’s director has 2-year security of tenure according
to (Central Vigilance Commission Act ) 2003, recently an amendment has been taken to it according
to which its director’s tenure can be increased up to 3 years meaning total tenure can be 5 years.
The statutory functions of the Directorate include enforcement of following Acts:
The Prevention of Money Laundering Act, 2002 (PMLA): It is a criminal law enacted to prevent
money laundering and to provide for confi scation of property derived from, or involved in, money-
laundering and for matters connected therewith or incidental thereto. ED has been given the
responsibility to enforce the provisions of the PMLA by conducting investigation to trace the assets
derived from proceeds of crime, to provisionally attach the property and to ensure prosecution of
the off enders and confi scation of the property by the Special court.
The Foreign Exchange Management Act, 1999 (FEMA): It is a civil law enacted to consolidate
and amend the laws relating to facilitate external trade and payments and to promote the orderly
development and maintenance of foreign exchange market in India. ED has been given the
responsibility to conduct investigation into suspected contraventions of foreign exchange
laws and regulations, to adjudicate and impose penalties on those adjudged to have contravened
the law.
The Fugitive Economic Off enders Act, 2018 (FEOA): This law was enacted to deter economic
off enders from evading the process of Indian law by remaining outside the jurisdiction of Indian
courts. It is a law whereby the Directorate is mandated to attach the properties of the fugitive economic
off enders who have escaped from India warranting arrest and provide for the confi scation of their
properties to the Central Government.
Comments
Post a Comment