# The Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002, Paragraph 1: Failure to disclose


(1) A person commits an offence if each of the following conditions is satisfied.
(2) The first condition is that he—
(a) knows or suspects, or
(b) has reasonable grounds for knowing or suspecting,
that another person has committed an offence under any of articles 6 to 9.
(3) The second condition is that the information or other matter—
(a) on which his knowledge or suspicion is based, or
(b) which gives reasonable grounds for such knowledge or suspicion,
came to him in the course of a business in the regulated sector.
(4) The third condition is that he does not disclose the information or other matter to a constable or a nominated officer as soon as is reasonably practicable after it comes to him.
(5) But a person does not commit an offence under this paragraph if—
(a) he has a reasonable excuse for not disclosing the information or other matter, or
(b) he is a professional legal adviser and the information or other matter came to him in privileged circumstances.
(6) In deciding whether a person committed an offence under this paragraph the court must consider whether he followed any relevant guidance which was at the time concerned—
(a) issued by a supervisory authority or any other appropriate authority,
(b) approved by the Governor, and
(c) published in a manner approved by the Governor as appropriate in his opinion to bring the guidance to the attention of persons likely to be affected by it.
(7) A certificate signed by or behalf of the Governor (or a true copy of such a certificate) that a matter was, or was not, approved by the Governor at any material time for the purposes of sub-paragraph (6) shall be conclusive evidence of that fact in any legal proceedings, and a document which purports to be such a certificate (or to be a true copy of such a certificate) shall be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be such a certificate (or such a copy).
(8) A disclosure to a nominated officer is a disclosure which—
(a) is made to a person nominated by the alleged offender’s employer to receive disclosures under this paragraph, and
(b) is made in the course of the alleged offender’s employment and in accordance with the procedure established by the employer for the purpose.
(9) Information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated or given to him—
(a) by (or by a representative of) a client of his in connection with the giving by the adviser of legal advice to the client,
(b) by (or by a representative of) a person seeking legal advice from the adviser, or
(c) by a person in connection with legal proceedings or contemplated legal proceedings.
(10) But sub-paragraph (9) does not apply to information or other matter which is communicated or given with a view to furthering a criminal purpose.
(11) For the purposes of sub-paragraph (2) a person is taken to have committed an offence there mentioned if—
(a) he has taken an action or been in possession of a thing, and
(b) he would have committed an offence if he had been in the Territory at the time when he took the action or was in possession of the thing.
(12) For the purposes of this paragraph a business is in the regulated sector if it is for the time being specified as being in the regulated sector, or if it belongs to a class of businesses that is for the time being specified as being in the regulated sector, by order made by the Governor.
(13) For the purposes of this paragraph a supervisory authority, in relation to a business or a class of businesses within the regulated sector, is any authority that is for the time being specified in that behalf by order made by the Governor, and any such order may specify an authority as a supervisory authority in relation to a particular business within that sector or in relation to a particular class or particular classes of businesses within that sector or in relation to businesses within that sector in general.
(14) For the purposes of this paragraph an appropriate body is any body which regulates or is representative of any trade, profession, business or employment carried on by the alleged offender.
(15) A person guilty of an offence under this paragraph is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

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Source: https://www.legislation.gov.uk/uksi/2002/1822/schedule/1/paragraph/1 (the official version)
Page: https://openlegislation.uk/anti-terrorism-financial-and-other-measures-overseas-territories-order-2002/schedule-1/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.