(1) The Office shall issue an identification card to an officer as in the First Schedule.

(2) The identification card shall, among others, have the officer's

(a) passport-sized photograph,

(b) staff number,

(c) name,  and

(d) rank.

(3) The identification card shall be signed by the Executive Director.

(4) The identification card shall remain the property of the Office.

(5) An officer who loses the identification card issued to that officer shall report the loss to the Executive Director or a representative of the Executive Director within twenty-four hours after the officer becomes aware-of the loss.

(6) An officer who fails to report the loss of the identification card prepared for that officer is liable to disciplinary action for a serious breach of discipline by the Executive Director.

(7) An  officer or the officer's representative  shall  return the  identification card to the Office when the   officer  

(a) resigns,

(b) retires,

(c) dies,

(d) is dismissed,  or

(e) is unable to discharge the duties  of the Office for any stated reasons. 

(1) An officer conducting an investigation into an alleged serious offence may profile a suspect and as a part of the docket shall file a report in accordance with Form 1 of the Second Schedule.

(2) The officer shall, among other things,

(a) record the personal antecedents of the suspect, including information about the relatives of the suspect,

(b) take the suspect's finger print electronically or manually,

(c)  take a photograph  of the suspect, and

(d) record the business dealings of the suspect including bank accounts. 

(1) An officer conducting an investigation into an alleged serious offence may profile a suspect and as a part of the docket shall file a report in accordance with Form 1 of the Second Schedule.

(2) The officer shall, among other things,

(a) record the personal antecedents of the suspect, including information about the relatives of the suspect,

(b) take the suspect's finger print electronically or manually,

(c)  take a photograph  of the suspect, and

(d) record the business dealings of the suspect including bank accounts. 

(1) An officer who conducts an  investigation or  a search at  a crime scene, shall

(a)  cordon off the crime scene with  material approved by  the Executive Director to clearly demarcate the  area;

(b) seize property found at the crime scene where necessary;

(c) take an inventory of the seized property in the presence of the suspect or a witness at the crime scene, except if the exigencies otherwise determine; and

(d) Protect property subject to seizure.

(2) The demarcated crime scene shall be out of bounds to any person for a reasonable period determined by the Executive Director.

(3) Despite sub regulation (2), the officer or an authorised police officer may enter the demarcated crime scene during a search or investigations at the demarcated crime scene.

(4) A person who enters a demarcated crime scene without the approval of the Executive Director commits an offence and is liable on summary conviction to a fine of not less than five hundred penalty units and not more than five thousand penalty units or a term of imprisonment of not less than one year and not more than ten years or to both.

(1) The Executive Director shall request information from a person in accordance with Form 2, 2 (a) or 2 (b) of the Second Schedule, whichever is applicable.

(2) The information shall include

(a) the name, description, category or rank of a person required to provide the information;

(b) The type, category or description of a document and information required by the Office;  and

(c) the date or period within which the requested information is to be submitted to the Executive Director.

(3) Where a person discloses information or produces a document to the Executive Director, that person shall not be prosecuted or proceeded against for a civil claim in respect of the disclosure except where the disclosure is for personal gain or made in bad faith. 

(1) An officer in an emergency search of or for tainted property may

(a) enter any premises and search for, seize and detain tainted property;

(b) search a person who is in or on the premises and for the purpose of the search, detain that person and remove that person to a place that is necessary to facilitate the search;

(c) arrest a person who is in or on the premises in whose possession property liable to seizure or confiscation under the Act is found, or whom the officer reasonably believes to have concealed or deposited tainted property;

(d) seize and detain a book or document found in or on the premises or on that person;

(e) break open, examine and search an article, a container or a receptacle; or

(f) Stop, search and detain a means of conveyance.

(2) The officer may

(a) break open an outer or inner door or window of the premises which is the subject of a search  and enter  the premises;

(b) forcibly enter the premises and every part  of the premises; or

(c) Remove by force, an obstruction to the entry, search, seizure or removal that the officer is empowered to effect.

(1) A search of a person by an officer or an authorised police officer may extend to a medical examination of the body of that person externally and internally by a medical practitioner.

(2) A female person shall be searched by a female officer or by a medical practitioner.

(1) Upon an exparte application made to a Court by the Executive Director, the Court may issue a search   warrant for a search

(a) of or for documents, or

(b) For tainted property.

(2) The search warrant issued by the Court shall be as in Form 3 in the Second Schedule.

(1) An officer or a public officer authorised by the Executive Director shall take an inventory of any movable property other than currency which is seized as a result of a search.

(2) The inventory shall be as in Form 4 in the Second Schedule.

(1) An officer, or any public 9 officer authorised by the Executive Director, who seizes currency suspected to be proceeds of crime shall complete a currency seizure form as in Form 5 in the Second Schedule.

(2) The officer, or a public officer authorised by the Executive Director, shall issue a currency seizure notice to the suspect pending investigation as in Form 6 in the Second Schedule, if there are reasonable grounds to seize the currency as being connected to an offence.

(1) Movable property which an officer or an authorised police officer reasonably suspects to be

(a) the subject matter of an offence,

(b) which has been used for the commission of an offence, or (c) is tainted property is liable to seizure.

(2) The officer or an authorised police officer effecting the seizure shall serve a movable property seizure notice as in Form 7 of the Second Schedule on the owner, controller or possessor of property.

(3) The movable property seizure notice shall state the grounds for the seizure and shall be served on the owner, controller or possessor of property as soon as practicable if the whereabouts of the owner, controller or possessor is known, but the owner, controller or possessor was not present when the seizure was effected.

(4) The notice is  required to be served on a person if  the seizure is  made,

(a)  in the presence of  the suspect against whom  criminal proceedings are intended to be taken;

(b) in the presence of the owner of the property  or  the agent of the owner;

(c) in  the case of an aircraft, in the presence of the captain; and

(d)  In the case of a ship, in the presence of the master.

(5) Seizure shall not apply to an aircraft or a ship belonging to a person carrying on a regular lawful passenger or freight service within the country or to and from the country except where

(a) prosecution for a serious offence connected with the air- craft or ship is to be instituted; or

(b) seizure proceedings are to be taken against the operator of the aircraft or the master of the ship. 

(1) Where the Executive Director or a police officer above the rank of Assistant Commissioner of Police, reasonably suspects that immovable property is connected to a serious offence or is tainted property liable to seizure, the Executive Director or the police officer shall complete an immovable property seizure notice as in Form 8 of the Second Schedule.

(2) Upon causing the seizure of immovable property, the Executive Director or police officer shall, where appropriate, cause an inventory of the fixtures in or on the seized property to be taken.

(3) The inventory taken by the Executive Director shall be as in Form 9 of the Second Schedule and shall be filed at the Office.

(4)The seizure of the immovable property, where possible, shall be effected

(a)  by posting  a copy of the seizure notice in  a  conspicuous position  on the immovable property;

(b) by  lodging  a copy of the seizure notice at the Lands Com- mission; and

(c) by the publication in a newspaper of national circulation, electronic media and on the official website of   the Office.

(5)  The Registrar of Lands shall make an entry in the appropriate register of the terms of the seizure notice   of the immovable property.

(6) The entry in the register freezes the immovable property and any subsequent transaction in respect of the immovable property shall not be registered whether it was lodged before or after the lodgement of the notice of seizure or the making of the entry. 

(1) Where an officer has to track property in order to prevent the transfer, concealment or disposal of the property, the officer shall complete a property tracking form as in Form 10 of the Second Schedule.

(2) A person shall comply with a property tracking order despite any law, oath or undertaking on secrecy or an obligation under a con- tract.

(1) The Executive Director shall issue a freezing notice as in Form 11 of the Second Schedule which shall be confirmed by the Court within fourteen days after issuance.

(2) The Executive Director shall issue a notice of confirmation of freezing as in Form 12 of the Second Schedule after procuring an order confirming the freezing of assets

(3) A notice of freezing and a notice of confirmation of freezing shall be served directly on the person who owns, has possession of, or is in the direct control of the property.

(4) The notice of freezing or notice of confirmation of freezing may also be served on the Bank of Ghana and any financial institution to assist the Office in the freezing of a bank account.

(5) The Executive Director may request the Court to include in a freezing confirmation order to be served on the Bank of Ghana or financial institution;

(a)   the bank account details of the suspect,

(b)   the account opening details of the bank account, and

(c)  details of the transactions by a financial institution which have been made or intended to be made on the account.

(6)   A notice of confirmation of freezing shall be served on the official liquidator of a company holding realisable property when the company is being wound up.

(7) A person who uses tainted property, despite a notice of freezing or notice of confirmation of freezing, commits an offence and is liable on summary conviction to a fine of not more than five hundred penalty units or a term of imprisonment of not more than one year or to both. 

(1) The Executive Director may by notice as in Form 13 of the Second Schedule, request a suspect to make a declaration of the suspects property and income.

(2) The Executive Director shall by a copy of Form 13 inform the Auditor-General of the notice.

(3) A suspect served with a notice of declaration shall lodge two signed copies of the declaration with the Auditor-General.

(4)  The declaration of property and income to be lodged with the Auditor-General shall be as in Form 14 of the Second Schedule.

(5)  A suspect who has been served with  a notice to make a declaration of property and income shall make a declaration of compliance with the notice as in Form 15 of the Second Schedule to the Executive Director within- thirty days after receipt of the notice.

(1) The Executive Director may by notice request the Auditor- General to give the Executive Director and the Court a copy of the declaration of property and income.

(2) The notice of request shall be as in Form 16 of the Second Schedule.

The Executive Director shall provide the Court with a copy of the Gazette notification of   the confiscation order.

(1) Property seized by the Office shall revert  to the  owner of  the property after the expiry of six  months from the date of seizure, if

(a)  prosecution for an offence is not instituted as regard the property;

(b)  proceedings are not commenced by the Attorney-General for the confiscation of the property; or

(c)  a claim in writing has not been made by a third party for the property within six months after the date of its seizure,

(2) Where,  within six months after the date of the seizure of  a property, a third party claim is made in writing

(a) the Attorney-General shall release the property to the claim- ant, if satisfied that there is no dispute as to the ownership of the property and that it is not liable to seizure; or

(b) where the Attorney-General is satisfied that there is a dis- pute as to the ownership of the property or doubt as to the person who owns it, or whether it is liable to confiscation, the Attorney-General shall refer the claim to the Court for its decision within fourteen days after the expiry of six months. 

The Executive Director may apply to the Court for a production order where there are reasonable grounds to believe that it will facilitate the investigation of a serious offence.

(1) The amount to be paid to the Registrar of the Court out of the proceeds of realisable property is the amount due to the Office as deter- mined by the Court.

(2) The Office shall be paid the amount within thirty days after the determination of the Court.

(3) The Executive Director shall provide the Attorney-General with information on the institution of relevance in section 66 of the Act.

(4) The Attorney-General shall make the payment due to the institution of relevance within sixty days after the determination by the Court

(1) The Office may execute a memorandum of understanding with a security agency or any other institution of relevance.

(2) The memorandum of understanding may provide for

(a) the sharing of relevant information and co-operation between the parties to the memorandum of understanding; and

(b) any other arrangement that will facilitate the work of the Office in the performance of its functions, including freezing, seizure, confiscation and recovery of proceeds of crime.

Further to the Mutual Legal Assistance Act, 2010 (Act 807), the Office may request a foreign State, foreign entity, relevant foreign or international agency to provide mutual legal assistance to obtain

(a) photographs relevant to an investigation;

(b) the residential address of a suspect;

(c) bank details connected to the proceeds of crime;

(d) assets and liabilities suspected to be tainted property that are in the foreign country;

(e) information on relatives of a suspect in a foreign country;

(f) known movements of a suspect in a foreign country; and (g)any other information that the Office may consider necessary. 

(1) The Office shall collaborate with law enforcement agencies, the Ghana Revenue Authority and other investigative agencies to pre- vent the territory, financial resources and other resources of the Republic of Ghana from being used to commit a terrorist act.

(2) The Office shall put in place measures to  prohibit  a terrorist Act and the financing of

(a) individual terrorists,

(b) terrorist organisations, and

(c) terrorism.

(3) The Office shall collaborate with agencies in any matter related to UNSCR 1269 and UNSCR 1373 and their successor resolutions and any other resolutions for the purpose of freezing, seizure and confiscation of terrorist property.

The Office shall collaborate with a competent authority and other agencies in matters related to UNSCR 1718, its successor resolutions and any other relevant resolutions for the purpose of the prevention, detection and suppression of the financing of the proliferation of weapons of mass destruction.

(1) An officer may carry and use a special equipment for a particular assignment.

(2) An officer shall undergo the requisite training by the Office in order to use a special equipment.

(3) The carrying or use of a special equipment shall only be with the permission of the Executive Director.

(4) The Executive Director shall approve the carrying or use of special equipment in writing.

(5) An officer who uses special equipment without approval is liable to summary dismissal if permanently employed by the Office.

(6) An officer on secondment from a mother institution to the Office who uses special equipment without the approval of the Executive Director is liable to disciplinary action for a serious breach of discipline by the Executive Director.

An officer or any other employee who is seconded to the Office shall subscribe to a written undertaking to be bound by the disciplinary code of the Office instead of the disciplinary code of the mother institution of that officer or other employee.

(1) A person,

(a) employed by the Office,

(b) appointed to act in a position at the Office, or

(c) authorised to perform a function of the Office, shall take and subscribe to the oath of secrecy and oath of office set out in the Third Schedule before assuming office or performing a function.

(2) An officer or employee of the Office who objects to taking an oath may make an affirmation instead and the oath shall be varied accordingly.

(3) The oath or affirmation specified in the third column of the Third Schedule shall be sworn or affirmed by the person in the first column and be administered by the person specified in the second column of that Schedule.

(4) A person who breaches the oath or affirmation commits an offence and is liable on summary conviction to a fine of not more than one hundred and fifty penalty units or a term of imprisonment of not more than one year or to both. 

(1) An officer and any other employee shall submit to the Executive Director a written declaration of

(a) the property or assets owned directly or indirectly by that officer or employee,  and

(b) the liabilities owed directly or indirectly by that officer or employee.

(2) The declaration shall be as set out in the Fourth Schedule and shall be made by the officer or employee,

(a) before taking office,

(b) at the end of every two years, and

(c) at the time of disengagement and shall be submitted not later than six months    after the occurrence of any of  the events specified in this sub-regulation.

(3) An officer or any other employee who fails to declare the assets and liabilities of that officer is liable to disciplinary action for a serious breach of discipline, by the Executive Director.

An officer or any other employee shall subscribe to the oath of disengagement set out in the Third Schedule when leaving the employment of the Office.

(1) The Office may cause to be vetted,

(a) an officer, or

(b) any other employee.

(2) An officer or any other employee, who refuses or fails to be vetted when directed by the Executive Director is liable to summary dismissal.

(3) The Board shall determine the procedure for the regular and periodic vetting of the Executive Director and the Deputy Executive Directors.

(4) An officer or any other employee whose vetting discloses the concealment of information by the officer or employee, breach of law or other commission or omission that negatively affects the integrity of that officer or employee, is liable to summary dismissal.  

(1) The Executive Director, may apply to the Court for compensation to be paid   to a victim of a serious offence under the Act.

(2) Despite sub-regulation (1), a victim to a serious offence committed under the Act or the personal representative of that victim may apply to the Court for compensation to be paid to that victim.

In these Regulations, unless the context other wise requires,

"agency" includes a Ministry, Department or Statutory body;

"antecedents" includes personal history of an individual and the personal history of that persons immediate family;

"crime scene" means a place where

(a) a crime has been committed or is suspected to have been committed, or

(b) a search for tainted property is being or has been conducted;

"document" includes a record of information and anything on which writing, marks, figures and symbols appear, perforations for interpretation or anything from which sounds, images or writing can be produced with or without the aid of something else, a map, plan, drawing, photograph or similar things and a medium or device by which information is recorded or stored;

"emergency" means an imminent occurrence of a situation that is out of the ordinary and that threatens to endanger a person, public safety or cause damage to property;

"employee" means a person employed to provide services for the Office on a permanent, secondment, attachment, temporary or contractual basis;

"financial institution" means any natural or legal person who conducts as a business one or more of the following activities or operations for or on behalf of a customer:

(a) acceptance of deposits and other repayable funds from the public;

(b) lending;

(c) money or value transfer services;

(d) the issue and management of means of payment such as credit and debit cards, cheques, traveller's cheques, money orders, bankers' drafts and electronic money;

(e) financial guarantees and commitments;

(f) trading in

(i) money market instruments;  

(ii) foreign exchange; exchange,    

(iii) interest rate and index instruments;

(iv) transferable securities; and

(v) commodity futures trading

(g) participation in securities issues and the provision of financial services related to the issue of securities;

(h) individual and collective portfolio management;

(i) safekeeping and the administration of cash or liquid securities on behalf of other persons;

(j) any other investing, administering or management of funds or money on behalf of another person;

(k) underwriting and the placement of life insurance and other investment related insurance; and

(I) money and currency changing.

"financial interest" means a contribution of money or any item of value, which is capable of being given a monetary value;

"financial intermediation" means a process of transferring funds from one entity to another entity;

"foreign entity" means a body corporate or unincorporated, an association or group of persons, a firm or a partnership that is not Ghanaian;

"foreign State" means a country other than the Republic of Ghana;

"forensic evidence" means a matter of scientific basis used in a Court process

"freeze" means to prohibit the use, transfer, conversion, disposition or movement of any property for the duration of the validity of an order made by the Executive Director or a Court until a confiscation order or defreezing order is made by a Court and inability to use an object, property, income or money unless de-frozen by the Executive Director or a Court.;

"information" includes books and documents and details from a safe deposit box, financial institution, company, firm, association, society or other body directly or indirectly related to a serious offence within or outside the country;

"material" includes tape, rope and anything suitable to demarcate an area;

"means of conveyance" includes a motor vehicle and motor- cycle, animal, bicycle, aircraft, sea-going vessel, any means by which a person or property can be conveyed from one point to another;

"medical practitioner" means a person registered to practice medicine under the Medical and Dental Act 1972, (NRCD 91);

"mother institution" means the organisation of permanent employment of an officer or a public officer;

"officer" means an authorised officer of the Office;

"out of bounds" means a place that has restricted access;

"personal details" include information on personal property and income, assets and liabilities, marital status and place of residence;

"proliferation of weapons of mass destruction" means a rapid increase in weapons that can kill and bring significant harm to a large number of humans and other life forms that can or may cause great damage to man-made structures, natural structures, or the biosphere in general;

"special equipment" means a weapon and any other tool determined by the Executive Director to be carried or used only by an officer or for a specific operation;

"suspect" means a person reasonably believed to have commit- ted an offence.;

"terrorist act" includes

(a) an act which constitutes an offence within the scope of and as defined in one of the following treaties:

(i) Convention for the Suppression of Unlawful Seizure of Aircraft (1970);

(ii) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971);

(iii) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973);

(iv) International Convention against  the Taking of Hostages (1979)

(v) Convention on the Physical Protection of Nuclear Material (1980);

(vi) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1988);

(vii) Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation ( 2005);

(viii) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf (2005);

(ix) International Convention for the Suppression of the Financing of Terrorism (1999);

(xi) OAU Convention on the Prevention and Combating of Terrorism (1999);

(xii) UN Security Council Resolution 1267 (1999);

(xiii) UN Security Council Resolution 1373 (2001);

(xiv) UN  Security Council Resolution 1718 (2006);  and

(b) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a Government or an international organisation to do or to abstain from doing any act;

"terrorist financing" means the provision of funds  for a terrorist act, terrorists and a terrorist organisation;

"terrorist organisation" means any group of terrorists that

(a) commits, or attempts to commit, terrorist acts by any means directly or indirectly, unlawfully and will- fully;

(b) participates as  an accomplice in terrorist acts;

(c) organises  or directs others to commit terrorist acts; or

(d) contributes to the commission of terrorist acts by a group of persons acting with a common purpose where the contribution is made intentionally and with the aim of furthering the terrorist act or with the knowledge of the intention of the group to commit a terrorist act;

"transaction" includes an act which establishes a right or obligation or gives rise to a contractual or legal relationship and any movement of funds by a financial institution;

, "vet" means security  clearance;

"weapon" means a thing designed, used or usable to inflict bodily harm; and

"weapons of  mass destruction" means a weapon that

(a) can kill and  bring significant harm to a large number of humans and other life forms; or

(b) can or may cause great damage to man-made structures, natural structures or the  biosphere in  general.