Directorate of Enforcement (ED) released annual report for FY 2025–26 on 70th year of its establishment | Current Affairs | Vision IAS

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In Summary

  • Assets in money laundering cases surged 23-fold from 2005-14 to 2014-24, with ED maintaining a 93-94% conviction rate under PMLA.
  • Properties worth ₹2,178.34 crore confiscated under the Fugitive Economic Offenders Act, 2018.
  • ED faces impediments in PMLA trials including prosecution sanction, limited special court geographical spread, complex investigations, and delays in foreign requests.

In Summary

Assets attached in money laundering cases rose 23-fold between 2005-14 and 2014-24.

  • Money Laundering covers any process or activity connected with the proceeds of crime and is a process that typically follows three stages to finally release laundered funds into the legal financial system:
  • Placement (i.e. moving the funds from direct association with the crime)
  • Layering (i.e. disguising the trail to foil pursuit)
  • Integration (i.e. making the money available to the criminal from what seem to be legitimate sources)

Other Key findings of Annual Report

  • Performance under Prevention of Money-Laundering Act, 2002 (PMLA): ED maintained a formidable conviction rate in money laundering cases is approx. 93–94%.
  • Properties worth ₹2,178.34 crore have been confiscated under the Fugitive Economic Offenders Act,2018.

Impediments faced by ED in completion of PMLA trials

  • Requirement of prosecution sanction under Section 197 CrPC (now Section 218 BNSS).
  • Limited geographical spread of Special Courts, which are predominantly located in metropolitan and Tier-I cities.
  • Complexity of financial investigations which requires detailed forensic analysis that takes time to record and prove during trial.
  • Requests to foreign jurisdictions face delays due to legal complexities and some countries’ reluctance or refusal to share information.

Directorate of Enforcement (ED) 

  • Genesis: It was established on 1st May 1956 as "Enforcement Unit" under the Department of Economic Affairs for enforcing Foreign Exchange Regulation Act, 1947 (FERA).
    • Presently, it operates under the Department of Revenue, Ministry of Finance.
  • HQ: New Delhi.
  • ED is entrusted with the implementation of the following legislations:
  • The Foreign Exchange Regulation Act,1973 
  • The Foreign Exchange Management Act, 1999
  • The Prevention of Money Laundering Act, 2002
  • Fugitive Economic Offenders Act, 2018
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Foreign Exchange Management Act, 1999 (FEMA)

An Indian law enacted to consolidate and amend the law relating to foreign exchange with the objective of facilitating the external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India.

Foreign Exchange Regulation Act, 1947 (FERA)

An earlier Indian law that regulated foreign exchange transactions, which was later repealed and replaced by FEMA.

Section 218 BNSS

The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaces Section 197 of the CrPC and requires prosecution sanction for public servants.

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