|
| |
|
restrictive measures directed against certain persons and entities with a view |
| |
| |
(3) | A licence must specify the acts authorised by it and may be— |
| |
(a) | general or granted to a category of persons or to a particular person; |
| |
(b) | subject to conditions; |
| 5 |
(c) | of indefinite duration or subject to an expiry date. |
| |
(4) | The Treasury may vary or revoke a licence at any time. |
| |
(5) | On the grant, variation or revocation of a licence, the Treasury must— |
| |
(a) | in the case of a licence granted to a particular person, give written |
| |
notice of the grant, variation or revocation to that person; |
| 10 |
(b) | in the case of a general licence or a licence granted to a category of |
| |
persons, take such steps as the Treasury consider appropriate to |
| |
publicise the grant, variation or revocation of the licence. |
| |
(6) | A person commits an offence who, for the purpose of obtaining a licence, |
| |
| 15 |
(a) | provides information that is false in a material respect, or |
| |
(b) | provides or produces a document that is not what it purports to be. |
| |
(7) | A person who purports to act under the authority of a licence but who fails to |
| |
comply with any conditions included in the licence commits an offence. |
| |
Circumventing prohibitions etc. |
| 20 |
18 | Circumventing prohibitions etc. |
| |
A person commits an offence who intentionally participates in activities |
| |
knowing that the object or effect of them is (whether directly or indirectly)— |
| |
(a) | to circumvent any of the prohibitions in sections 11 to 15, or |
| |
(b) | to enable or facilitate the contravention of any such prohibition. |
| 25 |
| |
| |
| |
19 | Reporting obligations of relevant institutions |
| |
(1) | A relevant institution must inform the Treasury as soon as practicable if— |
| 30 |
(a) | it knows, or has reasonable cause to suspect, that a person— |
| |
(i) | is a designated person, or |
| |
(ii) | has committed an offence under any provision of Chapter 2 |
| |
(prohibitions in relation to designated persons), and |
| |
(b) | the information or other matter on which the knowledge or suspicion |
| 35 |
is based came to it in the course of carrying on its business. |
| |
(2) | Where a relevant institution informs the Treasury under subsection (1), it must |
| |
| |
|
| |
|
| |
|
(a) | the information or other matter on which the knowledge or suspicion |
| |
| |
(b) | any information it holds about the person by which the person can be |
| |
| |
(3) | Subsection (4) applies if— |
| 5 |
(a) | a relevant institution informs the Treasury under subsection (1) that it |
| |
knows, or has reasonable cause to suspect, that a person is a designated |
| |
| |
(b) | that person is a customer of the institution. |
| |
(4) | The relevant institution must also state the nature and amount or quantity of |
| 10 |
any funds or economic resources held by it for the customer at the time when |
| |
it first had the knowledge or suspicion. |
| |
(5) | A relevant institution that fails to comply with any requirement of subsection |
| |
(1), (2) or (4) commits an offence. |
| |
20 | Powers to request information |
| 15 |
(1) | The Treasury may request a designated person to provide information |
| |
| |
(a) | funds or economic resources owned, held or controlled by or on behalf |
| |
of the designated person, or |
| |
(b) | any disposal of such funds or economic resources. |
| 20 |
(2) | The Treasury may request a designated person to provide such information as |
| |
the Treasury may reasonably require about expenditure— |
| |
(a) | by or on behalf of the designated person, or |
| |
(b) | for the benefit of the designated person. |
| |
(3) | The power in subsection (1) or (2) is exercisable only where the Treasury |
| 25 |
believe that it is necessary for the purpose of monitoring compliance with or |
| |
detecting evasion of this Part. |
| |
(4) | The Treasury may request a person acting under a licence granted under |
| |
section 17 to provide information concerning— |
| |
(a) | funds or economic resources dealt with under the licence, or |
| 30 |
(b) | funds, economic resources or financial services made available under |
| |
| |
(5) | The Treasury may request any person in or resident in the United Kingdom to |
| |
provide such information as the Treasury may reasonably require for the |
| |
| 35 |
(a) | establishing for the purposes of this Part— |
| |
(i) | the nature and amount or quantity of any funds or economic |
| |
resources owned, held or controlled by or on behalf of a |
| |
| |
(ii) | the nature and amount or quantity of any funds, economic |
| 40 |
resources or financial services made available directly or |
| |
indirectly to, or for the benefit of, a designated person, or |
| |
(iii) | the nature of any financial transactions entered into by a |
| |
| |
(b) | monitoring compliance with or detecting evasion of this Part, or |
| 45 |
(c) | obtaining evidence of the commission of an offence under this Part. |
| |
|
| |
|
| |
|
(6) | The Treasury may specify the manner in which, and the period within which, |
| |
information is to be provided. |
| |
(7) | If no such period is specified, the information which has been requested must |
| |
be provided within a reasonable time. |
| |
(8) | A request may include a continuing obligation to keep the Treasury informed |
| 5 |
as circumstances change, or on such regular basis as the Treasury may specify. |
| |
(9) | Information requested under this section may relate to any period of time |
| |
during which a person is, or was, a designated person. |
| |
(10) | Information requested under subsection (1)(b), (2) or (5)(a)(iii) may relate to |
| |
any period of time before a person became a designated person (as well as, or |
| 10 |
instead of, any subsequent period of time). |
| |
21 | Production of documents |
| |
(1) | A request under section 20 may include a request to produce specified |
| |
documents or documents of a specified description. |
| |
(2) | Where the Treasury request that documents be produced, they may— |
| 15 |
(a) | take copies of or extracts from any document so produced, |
| |
(b) | request any person producing a document to give an explanation of it, |
| |
| |
(c) | where that person is a body corporate, partnership or unincorporated |
| |
body other than a partnership, request any person who is— |
| 20 |
(i) | in the case of a partnership, a present or past partner or |
| |
employee of the partnership, |
| |
(ii) | in any other case, a present or past officer or employee of the |
| |
| |
| to give such an explanation. |
| 25 |
(3) | Where the Treasury request a designated person or a person acting under a |
| |
licence granted under section 17 to produce documents, that person must— |
| |
(a) | take reasonable steps to obtain the documents (if not already in the |
| |
person’s possession or control); |
| |
(b) | keep the documents under the person’s possession or control (except |
| 30 |
for the purpose of providing them to the Treasury or as the Treasury |
| |
| |
22 | Failure to comply with request for information |
| |
(1) | A person commits an offence who— |
| |
(a) | without reasonable excuse refuses or fails within the time and in the |
| 35 |
manner specified (or, if no time has been specified, within a reasonable |
| |
time) to comply with any request made under this Chapter, |
| |
(b) | knowingly or recklessly gives any information, or produces any |
| |
document, which is false in a material particular in response to such a |
| |
| 40 |
(c) | with intent to evade the provisions of this Chapter, destroys, mutilates, |
| |
defaces, conceals or removes any document, or |
| |
(d) | otherwise intentionally obstructs the Treasury in the exercise of their |
| |
powers under this Chapter. |
| |
|
| |
|
| |
|
(2) | Where a person is convicted of an offence under this section, the court may |
| |
make an order requiring that person, within such period as may be specified in |
| |
the order, to comply with the request. |
| |
Disclosure of information by Treasury |
| |
23 | General power to disclose information |
| 5 |
(1) | The Treasury may disclose any information obtained by them in exercise of |
| |
their powers under this Part (including any document so obtained and any |
| |
copy or extract made of any document so obtained)— |
| |
| |
(b) | to any person holding or acting in any office under or in the service of— |
| 10 |
(i) | the Crown in right of the Government of the United Kingdom, |
| |
(ii) | the Crown in right of the Scottish Administration, the Northern |
| |
Ireland Administration or the Welsh Assembly Government, |
| |
(iii) | the States of Jersey, Guernsey or Alderney or the Chief Pleas of |
| |
| 15 |
(iv) | the Government of the Isle of Man, or |
| |
(v) | the Government of any British overseas territory; |
| |
(c) | to any law officer of the Crown for Jersey, Guernsey or the Isle of Man; |
| |
(d) | to the Legal Services Commission, the Scottish Legal Aid Board or the |
| |
Northern Ireland Legal Services Commission; |
| 20 |
(e) | to the Financial Services Authority, the Jersey Financial Services |
| |
Commission, the Guernsey Financial Services Commission, the Isle of |
| |
Man Insurance and Pensions Authority and the Isle of Man Financial |
| |
| |
(f) | for the purpose of giving assistance or co-operation, pursuant to the |
| 25 |
relevant Security Council resolutions, to— |
| |
(i) | any organ of the United Nations, or |
| |
(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; |
| 30 |
(g) | with a view to instituting, or otherwise for the purposes of, any |
| |
| |
(i) | in the United Kingdom, for an offence under this Part, or |
| |
(ii) | in any of the Channel Islands, the Isle of Man or any British |
| |
overseas territory, for an offence under a similar provision in |
| 35 |
any such jurisdiction; or |
| |
(h) | with the consent of a person who, in their own right, is entitled to the |
| |
information or to possession of the document, copy or extract, to any |
| |
| |
(2) | In subsection (1)(h) “in their own right” means not merely in the capacity as a |
| 40 |
servant or agent of another person. |
| |
|
| |
|