Money Laundering and Proceeds of Crime Act
Act No. 4/2013
financial institution provide to an authorised officer any such customer information as it has
relating to the person or account specified in the application.
(2) The application states that there is an investigation of a specified offence and the order
is sought for purposes of a criminal investigation of such offence.
(3) The court is satisfied that there are reasonable grounds for believing that the financial
institution may have information that is relevant in the investigation.
(4) Customer information is information whether a person holds, or has held, an account or
accounts at the financial institution (whether solely or jointly), and information identifying a
person who holds an account, and includes all information as to—
(a) the account number or numbers;
(b) the person’s full name;
(c) his or her date of birth;
(d) his or her most recent address and any previous addresses;
(e) the date or dates on which he or she began to hold the account or accounts and, if he or
she has ceased to hold the account or any of the accounts, the date or dates on which
he or she did so;
(f) such evidence of his or her identity as was obtained by the financial institution;
(g) the full name, date of birth and most recent address, and any previous addresses, of
any person who holds, or has held, an account at the financial institution jointly with
him or her;
(h) the account number or numbers of any other account or accounts held at the financial
institution to which he or she is a signatory and details of the person holding the other
account or accounts;
(i) if a legal entity—
(i) a description of any business which it carries on;
(ii) the country or territory in which it is incorporated or otherwise established and
any number allocated to it;
(iii) its registered office, and any previous registered offices;
(iv) the full name, date of birth and most recent address and any previous addresses
of any person who is a signatory to the account or any of the accounts;
(j) any other information which the court specifies in the customer information order.
(5) A financial institution shall provide the information to the authorised officer in such
manner, and at or by such time, as is specified in the order.
(6) No obligation to maintain the confidentiality of information held by a financial
institution, whether imposed by a law or contract, can excuse compliance with an order made
under this section.
(7) A financial institution subject to customer information order is guilty of an offence
against this section if it knowingly—
(a) fails to comply with the order; or
(b) provides false or misleading information in purported compliance with the order.
(8) A financial institution that has been served with a customer information order, and
every employee, officer or agent of such institution, shall not disclose the existence or operation
of the order to any person except⎯
(a) an employee, officer or agent of the institution for the purpose of complying with the
order; or
(b) a legal practitioner for the purpose of obtaining legal advice or representation in
respect of the order; or
(c) an authorised officer referred to in the order.
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