Finance
No. 1/2019
may be specified by the Director-General or by the employee, inspector
or agent concerned.
(3) This section shall not be construed as—
(a) limiting the powers of inspectors under section 100D
(“Inspectors and their powers”); or
(b) precluding the AMU from obtaining information from any
other person or entity, whether in accordance with the Access
to Information and Protection of Privacy Act [Chapter 10:27]
(No. 5 of 2002) or otherwise.
(4) The AMU is authorised to access and review on-site information
which is necessary to the fulfilment of its functions and that belongs to
or is in the custody of financial institutions and designated non-financial
businesses and professions.
(5) Subsections (1) and (2) shall be applied subject to the limitations
in the definition of “designated non-financial businesses and professions”
in section 13 and subject to section 30(2).
(6) The AMU may, in relation to any report or information it has
received, obtain, where not otherwise prohibited by law, any information
it deems necessary to carry out its functions from any of the following—
(a) a law enforcement agency;
(b) any competent supervisory authority;
(c) any public authority or person;
(d) a company, trust or other person or entity in accordance
with the Access to Information and Protection of Privacy
Act [Chapter 10:27] (No. 5 of 2002).
(7) Nothing in this section shall be taken to require a legal
practitioner to disclose any privileged communication made to him or
her in that capacity.
100G Confidentiality
(2) Any officer, employee, inspector or agent of the AMU who
discloses any information referred to in subsection (1) otherwise than in
accordance with that subsection, or makes use of it for personal gain, shall
be guilty of an offence and liable to a fine not exceeding level eight or
(1) Any information reported to the AMU or gathered or discovered
by any employee, inspector or agent of the AMU in the course of exercising
his or her functions under this Chapter shall be confidential to the AMU,
and no person shall disclose any such information to any other person or
body except—
(a) in the course of exercising his or her functions under this
Chapter; or
(b) to a judicial officer for the purposes of any legal proceedings
under this Chapter; or
(c) in accordance with the order of any court; or
(d) for the purposes of any prosecution or criminal proceedings;
or
(e) where the disclosure is authorised or required by or under
this Act or any other law.
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2019
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