The Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002

PART 2 Public Sector

Authorised or required disclosures

3.—(1) Notwithstanding any restriction otherwise imposed by any law for the time being in force in the Territory on the disclosure by a specified public officer or a specified public authority of information obtained in an official capacity by that officer or authority, that officer or authority may, and shall if so directed by the Governor under this paragraph, disclose such information for any of the purposes to which this paragraph applies.

(2) A direction given by the Governor under this paragraph may specify the information to be disclosed, the person or authority to whom it is to be disclosed and the manner in which, and any conditions subject to which, it is to be disclosed.

(3) The information that may, or may be directed to be, disclosed under this paragraph includes information obtained before the commencement of this paragraph.

(4) It is an offence to fail to comply with a direction given by the Governor under this paragraph, and any person guilty of such an offence shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or

(b) on summary conviction, to imprisonment to a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(5) The purposes to which this paragraph app1ies are—

(a) the purposes of any terrorist finance criminal investigation which is being or may be carried out, whether in the Territory or elsewhere;

(b) the purposes of any terrorist finance criminal proceedings which have been or may be initiated, whether in the Territory or e1sewhere;

(c) the purposes of the initiation or bringing to an end of any such investigation or proceedings;

(d) the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

(6) Nothing in this paragraph shall be taken to prejudice any power to disclose information which exists apart from this paragraph.

(7) In this paragraph—

• “conduct” includes acts, omissions and statements;

• “information” includes documents;

• “specified public authority” means authority that is for the time being specified for the purposes of this paragraph by an order made by the Governor;

• “specified public officer” means any person holding or acting in any office that is for the time being specified for the purposes of this paragraph by an order made by the Governor;

• “terrorist finance criminal investigation” means an investigation of any conduct which—

  (a)

  constitutes one or more terrorist finance offences; or

  (b)

  is, or corresponds to, conduct which, if it all took place in the Territory, would constitute such an offence or such offences;

  and includes an investigation of any alleged or suspected such conduct and an investigation of whether any such conduct has taken place;

• “terrorist finance criminal proceedings” means proceedings for a terrorist finance offence or for terrorist finance offences or, if they are proceedings outside the Territory, for an offence or offences substantially corresponding to a terrorist finance offence or to terrorist finance offences; and

• “terrorist finance offence” means an offence under any of articles 6 to 9.

Restriction on disclosure of information for overseas purposes

4.—(1) The Governor may give a direction which—

(a) specifies any overseas proceedings or overseas investigation or any description of such proceedings or investigations, and

(b) prohibits, either absolutely or in such cases, or subject to such conditions as to consent or otherwise, as may be specified in the direction, the making of any relevant disclosures for the purposes of those proceedings or that investigation or, as the case may be, proceedings or investigations of that description.

(2) In sub-paragraph (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure which—

(a) is authorised by paragraph 3 or by or under any other law for the time being in force in the Territory, and

(b) is a disclosure of such information as is described in the direction.

(3) A person who discloses any information in contravention of a direction under this paragraph shall be guilty of an offence and shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b) on summary conviction, to imprisonment for a term not exceeding three months, to a fine not exceeding the statutory maximum or to both.

(4) In this paragraph—

• “information” includes documents;

• “overseas investigation” means a terrorist finance criminal investigation (as defined in paragraph 3(7)) which is being, or will or may be, conducted by an authority of a country or territory outside the Territory;

• “overseas proceedings” means terrorist finance criminal proceedings (as defined in paragraph 3(7)) which are taking place, or will or may take place, in a country or territory outside the Territory.