Daily News Analysis

ENFORCEMENT DIRECTORATE

8th September, 2021 Economy

Figure 1: No Copyright Infringement Intended

Context:

  • The Supreme Court dismissed a plea challenging retrospective change in the 2018 appointment order of Sanjay Kumar Mishra as director of the Enforcement Directorate (ED).

Condition for appointment of director:

  • The appointment of the director at the ED is governed by Section 25 of CVC Act, 2003.
  • As per the law, no person below the rank of Additional Secretary to the government is eligible for appointment as the director.
  • the person appointed has a fixed term of not less than two years.

About the Enforcement Directorate

  • The Directorate of Enforcement (ED) is a law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime in India.
  • It is part of the Department of Revenue, Ministry of Finance, Government Of India.
  • It is composed of officers from the Indian Revenue Service, Indian Corporate Law Service, Indian Police Service and the Indian Administrative Service as well as promoted officers from its own cadre.

Functions

  • Directorate of Enforcement is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance, Government of India, which enforces the following laws: -
  • 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.
  • 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.