No.1
2018
(h)
in respect of any action resulting in the detention. scit.ure
or fmfeiturc of an) property. whid1 action commenced
on or before the 1st December, 20 17~
WiThdrawal(~( amnesTY
8. The amnesty granted to any applicant shall he withdnm nand
thereby nullified if-(a)
the applicant makes, in relation to the illegally npatriated
property for \Yhich amnesty is sought, any wilfully f~tlse
declaration to tht~ Re~erve Bank in applying for the
amnesty; or
(h)
the applicant fails to timeously repatriate the prope1.1y in
accordance with paragraph 5
lndemnitvj(Jrfacilitarors and dul\' o{confidmlialirv hv HeserTe Uank. etc.
9. (I) Any duty of confidentiality required to he ohscncd h) a
facilitator (being a facilitator who tacilitat<.·d the illegal expatriation
of prope11y knowing that the property in question was being illegally
expatriated) in relation to his or her principal by virtue of any privilege,
contract or law is hereby waived in relation to every disclosure made
by the facilitator for the purpose of obtaining an amnesty under this
Sd1edule, and no criminal or civil liability will attach to a facilitator
who applies for an amnesty under this Schedule and makes any
disclosures for that puqJOse.
(2) No action shall lie against any facilitator for the doing of
any act required to be done to enable any illegally expatriated property
to be repatriated for the purposes of this Schedule.
(3) The Exchange Control Inspectorate Department, the
Reserve Bank, and any person employed or retained by either of the
foregoing shall not disclose any information acquired by them through
the exercise of their functions in tem1s of this Schedule except(a)
"vith the consent of the applicant who disclosed the
information; or
(b)
pursuant to an order of court for the purpose of legal
proceedings under tllis Schedule or any other law; or
(c)
to the extent that it may be necessary to do so for the
purpose of this Schedule or any other law. to an agent of
the Reserve Bank.
(-f) Any person who contravenes subparagraph (3) shall he
guilty of an otTence and liable to a fine not exceeding one hundred
thousand dollars or imprisonment for a period not exceeding one year
or both such fine and such imprisonment.
Regulatorv powers of ;\,Jini.Yier
l 0. ( 1) The ~1inister may make regulations prescribing all matters
which by this Schedule are required or permitted to be presCiibed
or which, in his or her opinion, arc necessary or convenient to he
prescribed for carrying out or giving effect to this Schedule.
(2) Without derogating from the generality of subparagraph
(I) regulations may prm·ide for-(a)
such f(xms as may be necessary for the application or
implementation of this Schedule;
36
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