Article 9 Failure to disclose knowledge or suspicion of offences

(1)

A relevant institution is guilty of an offence under this Order if—

(a)

it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution or is a person with whom the institution has had dealings in the course of its business since that time—

(i)

is a person who commits, attempts to commit, participates in or facilitates terrorism;

(ii)

is a person controlled or owned directly or indirectly by a person referred to in paragraph (i);

(iii)

is a person acting on behalf of, or at the direction of, a person referred to in paragraph (i) above; or

(iv)

has committed an offence under articles 4, 5, 6(8) or 8; and

(b)

it does not disclose to the Treasury the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.

(2)

Where a relevant institution discloses to the Treasury—

(a)

its knowledge or suspicion that a person is a person covered by paragraph (1)(a) above, or a person who has committed an offence under article 5, 6(8) or 8, 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.