CUSTOMS POWERS AND INVESTIGATIONS
Provisions supplementary to articles 10 to 1213
1
No information furnished or document produced by any person in pursuance of a request made under article 10, 11 or 12 shall be disclosed except—
a
with the consent of the person by whom the information was furnished or the document was produced, provided that a person who has obtained information or is in possession of a document only in their capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in their own right;
b
to any person empowered under article 10, 11 or 12 to request that the information furnished or the document produced be furnished or produced, or 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 States of Jersey; or
v
the Government of any British overseas territory;
c
on the authority of the Governor, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to persons associated with Al-Qaida decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings—
i
in the Territory, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory.
2
Any power conferred by article 10, 11 or 12 to request the furnishing of information or the production of a document or of cargo or of goods for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo or goods or personnel produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order, that is to say—
a
a master of a ship who disobeys any direction given under article 10(2)(a);
b
a master of a ship or its owner or a charterer or operator or commander of an aircraft or an operator or driver of a vehicle who—
i
ii
furnishes any document or information which to their knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular, to such a person in response to such a request;
c
a master, owner or a member of a crew of a ship or a charterer or operator or commander or a member of a crew of an aircraft or an operator or driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of their powers under article 10, 11 or 12.