Article 19 Failure to disclose knowledge or suspicion

(1)

If a relevant institution knows or suspects that a relevant person—

(a)

is a listed person or a listed enterprise; or

(b)

has committed an offence under Article 9(2), 10(2), 12, 15(3) or (4), 16(2) or 21(1) or (2),

it shall disclose to the Governor the information or other matter specified in paragraph (2) as soon as is reasonably practicable after that information or other matter comes to its attention.

(2)

A relevant institution, where it discloses to the Governor under paragraph (1), must state—

(a)

the information or other matter on which the knowledge or suspicion is based;

(b)

any information it holds about the relevant person by which the person can be identified; and

(c)

where the relevant person is a listed person or a listed enterprise, the nature and amount or quantity of any funds or economic resources held by the relevant institution for that person since the person or enterprise first became listed under the 2004 Order or this Order.

(3)

A relevant institution must inform the Governor without delay if it credits a frozen account in accordance with article 11(2).

(4)

A relevant institution which fails to comply with a requirement in paragraph (1), (2) or (3) is guilty of an offence.

(5)

In this paragraph, “relevant person” means—

(a)

a customer of the institution;

(b)

a person who has been a customer of the institution at any time on or after 29th July 2004^f1; or

(c)

a person with whom the institution has had dealings in the course of its business on or after that date.

(6)

Where a relevant institution discloses to the Governor:

(a)

its knowledge or suspicion that a person is a listed person or a listed enterprise or a person who has committed an offence under article 9(2), 10(2), 12, 15(3) or (4), 16(2) or 21(1) or (2); or

(b)

any information or other matter on which that knowledge or suspicion is based,

the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.

Annotations

Footnotes

f1: This is the date on which the Burma (Restrictive Measures) (Overseas Territories) Order 2004 (S.I. 2004/1979) came into force.