Section 24
Confidentiality of information received under this Order, etc.
of International Banking Order, 2000
(1)
This section applies to information which –
(a)
the Authority or a person who works or has worked for the Authority;
or
(b)
an auditor or expert instructed by the Authority, has received in the course of discharging functions under this Order or otherwise pursuant to instructions from the Authority.
(2)
Information to which this section applies shall not be disclosed either by any person referred to in subsection (1) or by any person receiving it directly or indirectly from such a person except –
Incorporating amendments until S 1/2016
(Cleancopy) NANI/Bb_as of 08.05.2019
NOTE: Amendment on P1S1 and P45S2 [24.04.2019]; P3S1, P1S2, P10S2, P11S2, P16S2-P18S2P28S2, P31S2, P34S2, P35S2, P39S2,
31
BLUV as at 14th January 2016
(a)
with the consent of the person or, as the case may be, every person to who it relates;
(b)
where it is information that is a matter of public record or knowledge;
or
(c)
in accordance with the following provisions of this section.
(3)
Information to which this section applies may be disclosed in the following circumstances –
(a)
where the disclosure is to any person concerned with the administration of this Order or for the purpose of carrying this Order into effect;
(b)
where the disclosure is to any person qualified in law, accountancy or valuation or any other matter requiring the exercise of professional skill, in order to take advice from that qualified person for the purposes of this
Order;
(c)
where the disclosure is with a view to the institution of, or otherwise for the purposes of, criminal proceedings, whether under this Order or otherwise;
(d)
where the disclosure is in relation to any other proceedings arising out of this Order or any winding-up or administration proceedings in respect of a licensee or former licensee; or
(e)
where the disclosure is in the form of a summary of information in such a manner as not to enable information relating to any particular licensee or other person to be ascertained from it.
(4)
The Authority may provide information on the operations of a licensee which is incorporated in a country or territory outside Brunei Darussalam (including any report under section 15(1)(b)) to a designated supervisory authority in the country of incorporation for the purpose of its material supervisory functions.
(5)
Subsection 22(3) applies in relation to this section as it applies to that.
Incorporating amendments until S 1/2016
(Cleancopy) NANI/Bb_as of 08.05.2019
NOTE: Amendment on P1S1 and P45S2 [24.04.2019]; P3S1, P1S2, P10S2, P11S2, P16S2-P18S2P28S2, P31S2, P34S2, P35S2, P39S2,
32
BLUV as at 14th January 2016
(6)
Any person who discloses information contrary to the provisions of this section shall be guilty of an offence and liable on conviction to a fine and to imprisonment for a term not exceeding five years.