The Afghanistan (United Nations Measures) (Overseas Territories) Order 2012

Failure to disclose knowledge or suspicion

22.—(1) If a relevant institution knows or suspects that a relevant person—

(a) is a designated person; or

(b) has committed an offence under article 20(6), 20(8) or 21,

it shall disclose to the Governor the information or other matter specified in paragraph (2) as soon as is reasonably practicable after that information or other matter comes to its attention.

(2) A relevant institution, when it makes a disclosure to the Governor under paragraph (1), shall 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) where the relevant person is a designated person, the nature and amount or quantity of any funds or economic resources held by the relevant institution for that person since the person first became a designated person.

(3) A relevant institution shall inform the Governor without delay if it credits a frozen account in accordance with article 19(1)(b) or (2).

(4) A relevant institution which fails to comply with the requirement in paragraph (1), (2) or (3) is guilty of an offence under this Order.

(5) In this article “relevant person” means—

(a) a customer of the relevant institution;

(b) a person who has been a customer of the relevant institution at any time on or after 15th October 1999(1) and has ceased to be a customer; or

(c) a person with whom the relevant institution has had dealings in the course of business on or after that date.

(6) Where a relevant institution discloses to the Governor—

(a) its knowledge or suspicion that a person is a designated person or a person who has committed an offence under article 20 or 21; or

(b) any information or other matter on which that knowledge or suspicion is based, under paragraph (2) above,

the disclosure shall not be treated as a breach of any restrictions imposed by legislation or otherwise.

(1)

This is the date on which the Security Council resolution 1267 (1999) came into force.