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ED lodges complaint against Amnesty International India in money laundering case

On the basis of investigation conducted by the Enforcement Directorate, it is revealed that, in 2011-12, Amnesty International India Foundation Trust (AIIFT) had been granted permission under the FCRA, 2010 for receiving foreign contribution from Amnesty International UK.

New Delhi: The Directorate of Enforcement (ED) filed a prosecution complaint under Prevention of Money Laundering Act, 2002 (PMLA) against M/s. Amnesty International India Pvt Ltd (AIIPL), M/s. Indians for Amnesty International Trust (IAIT) and others in a money laundering case.

In this case, an FIR was registered by CBI, EOU-IV, New Delhi against M/s. Amnesty International India Pvt Ltd. (AIIPL), M/s. Indians for Amnesty International Trust, (IAIT), M/s. Amnesty International India Foundation Trust (AIIFT) and others under Section 120(B) IPC, 1860 and Sections 11, 35 & 39 of FCRA (Foreign Contributions Regulatory Act), 2010. Based on the FIR, this Directorate has recorded a case and initiated the investigation under the Prevention of Money Laundering Act, 2002 (PMLA).

On the basis of investigation conducted by the Enforcement Directorate, it is revealed that, in 2011-12, Amnesty International India Foundation Trust (AIIFT) had been granted permission under the FCRA, 2010 for receiving foreign contribution from Amnesty International UK. The permission/registration has been subsequently revoked to this entity on the basis of adverse inputs received. Subsequently, two new entities, namely M/s Amnesty International India Pvt Ltd (AIIPL) and M/s Indians Amnesty International Trust (IAIT), were formed in the year 2013-14 and 2012-13 respectively to escape the FCRA route and received forex in the guise of service export and FDI.

It is further revealed that, upon cancellation of FCRA Licence of M/s. Amnesty International India Foundation Trust by Govt. of India, a new method was adopted by Amnesty entities to receive money from abroad as M/s. Amnesty International, U.K. sent Rs. 51.72 Crore to AIIPL in the guise of Export of Services and Foreign Direct Investment. Further, for export proceeds/advances received for export of services to Amnesty International UK, there was no documentary proof for the alleged export such as invoices and copies of the agreement between M/s AIIPL and Amnesty International UK and the same has not been furnished by AIIPL to the Authorized Dealer (AD) Banks.

M/s Amnesty International India Pvt Ltd and others have committed scheduled offence by claiming to be carrying out “civil Society work”, however receiving forex in a profit making company, thereby mis- utilizing the FDI, which to amply proved by absence of any details/documents relating to exports made and layering of remittances received by AIIPL, a company into M/s. IAIT, a charitable Trust. In this case, both the entities have acquired proceeds of crime and layered the same in the form of various movable properties. Subsequently, two Provisional Attachment Orders have been issued for the attachment of movable properties worth Rs 19.54 Crore and the same has been confirmed by the Adjudicating Authority (PMLA), New Delhi.

In light of above, a prosecution complaint has been filed under the Prevention of Money Laundering Act, 2002 against M/s. Amnesty International India Pvt Ltd and others in the court of Principal City Civil and Sessions Judge, Bengaluru City, Bengaluru. The said complaint has been taken into cognizance by the said special PMLA court and the summons have been issued to all accused for their appearance before the court.