United Kingdom Statutory Instruments

(a) the expression "the Territory" in this Order means that territory;

(b) references to the official gazette of a Territory include a reference to any form in which official information is normally made available in that Territory.

    (5) An offence may be committed under article 4, 5 or 7 by any person in the Territory or by any person elsewhere who is—

(a) a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Territory; or

(b) a body incorporated or constituted under the law of any part of the Territory.

(a) if tried on information before the Senior Judge's Court, to imprisonment for a term not exceeding seven years, or to a fine, or to both;

(b) if tried before the Judge's Court, to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.

     2. Any person who commits an offence under article 9(6) or (7) or paragraph 4(b) or (d) of Schedule 3, shall be liable on conviction:

(a) if tried on information before the Senior Judge's Court, to imprisonment for a term not exceeding two years, or to a fine, or to both;

(b) if tried before the Judge's Court, to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.

     3. Any person who commits an offence under paragraph 2(3) or 4(a) or (c) of Schedule 3, is guilty of a misdemeanour and shall be liable on conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.

     4. If a body corporate commits an offence and it is shown that the offence—

(a) was committed with the consent or connivance of an officer of the body corporate, or

(b) was attributable to any neglect on the part of an officer of the body corporate,

the officer as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.

     5. Proceedings against any person for an offence may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.

     6. Proceedings for a misdemeanour, alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.

     7. No proceedings for an offence shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.

     8. Irrespective of whether such consent has been given, paragraph (7) does not prevent—

(a) the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence;

(b) the remand in custody or on bail of any person charged with such an offence.

     9. In paragraphs (5) to (8), "offence" means an offence under this Order.

(a) a designated person;

(b) a person owned or controlled by a designated person; or

(c) a person acting on behalf of or at the direction of a designated person.

     2. —(1) A relevant institution must as soon as practicable inform the Governor if it knows or suspects that a relevant person—

(a) is a designated person;

(b) is a person owned or controlled by a designated person;

(c) is a person acting on behalf of or at the direction of a designated person; or

(d) has committed an offence under article 4, 5, 7 or 9.

    (2) A relevant institution, where it informs the Governor under sub-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) the nature and amount or quantity of any funds or economic resources held by the relevant institution for the relevant person since this Order came into force.

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

    (4) In this article, "relevant person" means—

(a) a customer of the institution;

(b) a person who has been a customer of the institution since this Order came into force; or

(c) a person with whom the institution has had dealings in the course of its business since then.

     3. —(1) The Governor may request any person in or resident in the Territory to give to them any information or to produce to them any document in his possession or control which they may require for the purpose of—

(a) securing compliance with or detecting evasion of this Order;

(b) obtaining evidence of the commission of an offence under this Order;

(c) establishing the nature and amount or quantity of any funds or economic resources owned, held or controlled by—


(i) a designated person; or

(ii) a person who is the subject of a direction under article 8; or



(d) establishing the nature of any financial transactions entered into by any such person.

    (2) This includes power to—

(a) take copies of or extracts from any document so produced;

(b) request any person producing a document to give an explanation of it; and

(c) where that person is a body corporate, request any person who is a present or past officer of, or employee of, the body corporate to give such an explanation.

    (3) Any person to whom a request is made must comply with it within such time and in such manner as may be specified in the request.

    (4) Nothing in this paragraph shall be taken to require any person who has acted as counsel or solicitor for any person to give or produce any privileged information or document in his possession in that capacity.

     4. A person is guilty of an offence if he—

(a) without reasonable excuse refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under paragraph 3;

(b) knowingly or recklessly gives any information or produces any document which is false in a material particular in response to such a request;

(c) otherwise wilfully obstructs the Governor in the exercise of his powers under this Schedule; or

(d) with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, conceals or removes any document.

     5. Where a person is convicted of an offence under paragraph 4(a), the court may make an order requiring him, within such period as may be specified in the order, to give the requested information or to produce the requested document.

     6. —(1) The Governor may only disclose any information given or document produced under this Schedule (including any copy or extract made of any such document)—

(a) to any person holding or acting in any office under or in the service of—


(i) the Crown in respect of the Government of the United Kingdom;

(ii) the Government of the Isle of Man;

(iii) the States of Guernsey or Alderney or the Chief Pleas of Sark;

(iv) the State of Jersey;

(v) the Government of any British overseas territory;



(b) for the purpose of giving assistance or cooperation, pursuant to the Security Council Resolution, to—



(i) any organ of the United Nations;

(ii) any person in the service of the United Nations, the Council of the European Union, the European Commission or the Government of any country;



(c) with a view to instituting, or otherwise for the purposes of, any proceedings—



(i) in the Territory, for an offence under this Order; or

(ii) in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory, for an offence under a similar provision in any such jurisdiction; or



(d) with the consent of a person who, in his own right, is entitled to the information or to the possession of the document, to any third party.

    (2) In this paragraph, "in his own right" means not merely in the capacity as a servant or agent of another person.

     7. An action done under this Schedule is not to be treated as a breach of any restriction imposed by statute or otherwise.