With reference to Directorate of Enforcement (ED), consider the following statements:

I. The ED enforces the Foreign Exchange Management Act, 1999 (FEMA) which is a criminal law.

II. The ED works under the control of the Ministry of Home Affairs.

III. Prevention of Money Laundering Act, 2002 (PMLA) empowers ED to conduct the investigation.

Which of the statements given above is/are correct?

Solution

Foreign Exchange Management Act, 1999 (FEMA) - A Civil Law, with officers empowered to conduct investigations into suspected contraventions of the Foreign Exchange Laws and Regulations, adjudicate contraventions, and impose penalties on those adjudged to have contravened the law. It is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance, Government of India. Prevention of Money Laundering Act, 2002 (PMLA) - A Criminal Law, with the officers empowered to conduct investigations to trace assets derived out of the proceeds of crime, to provisionally attach/ confiscate the same, and to arrest and prosecute the offenders found to be involved in Money Laundering.