- 16 -
a. If there are sufficient indications for a suspicion that such currency or bearer
negotiable instruments are proceeds of crime or funds or instrumentalities related,
linked to or to be used for money laundering or terrorism financing .
b. If there has been a lack of disclosure, or provision of information when requested,
or false disclosure or information.
The Minister of Finance shall issue an Executive Regulation on the rules and procedures
related to the implementation of this Article.
CHAPTER 3 – MISCELLANEOUS
Article 21
The Public Prosecutor’s Office shall have exclusive authority to investigate, act upon and
prosecute the offenses mentioned in this Law. The criminal court shall have jurisdiction to
examine such offenses.
Article 22
Without prejudice to the rights of third persons in good faith, the public prosecutor, or any
public attorney whom he authorizes, may order the freezing or seizure of funds or
instrumentalities mentioned in Paragraph 1 of Article 40 if there are reasonable grounds to
believe they are related to a money laundering, terrorism financing or a predicate offense.
The Public Prosecutor’s Office shall be responsible for the management and administration
of such funds as it sees fit.
Any concerned party may file an appeal to the competent court within one month from the
date on which the order was issued. The court must decide on the appeal promptly, either by
rejecting it or by canceling or amending the order and establishing the necessary guarantees
if necessary. An appeal may not be made again until three months from the date of the
decision on the first complaint.
The public prosecutor, or any public attorney whom he authorizes, shall have the discretion
to rescind or amend an order.
Article 23
The Public Prosecution Office shall exchange international cooperation requests with
competent foreign authorities in criminal matters related to money laundering , predicate, or
terrorism financing offenses with respect to assistance, letters rogatory, extradition of
suspects and convicted persons, and requests to identify, trace, freeze seize or confiscate
funds, all in accordance with the rules established under bilateral or multilateral agreements
ratified by the State of Kuwait or in accordance with the principle of reciprocity.