The Terrorism (United Nations Measures) Order 2009

PART 1 Information Gathering

1.  The Treasury may request a restricted person to provide information concerning—

(a) funds and economic resources owned, held or controlled by or on behalf of the restricted person; or

(b) any disposal of such funds or economic resources, whether the disposal occurred before or after the person became a restricted person.

2.—(1) The Treasury may request a restricted person to provide such information as the Treasury may reasonably require about expenditure—

(a) by or on behalf of the restricted person, and

(b) for the benefit of the restricted person.

(2) The power under this paragraph is exercisable only where the Treasury believe that it is necessary for the purpose of monitoring compliance with or detecting evasion of this Order.

3.  The Treasury may request a person acting under a licence granted under article 17 to provide information concerning—

(a) funds or economic resources dealt with under the licence;

(b) funds, economic resources or financial services made available under the licence.

4.  The Treasury may request any person in or resident in the United Kingdom to provide such information as the Treasury may reasonably require for the purpose of—

(a) monitoring compliance with or detecting evasion of this Order;

(b) obtaining evidence of the commission of an offence under this Order;

(c) establishing—

(i) the nature and amount or quantity of any funds or economic resources owned, held or controlled by or on behalf of a restricted person;

(ii) the nature and amount or quantity of any funds, economic resources or financial services made available directly or indirectly to, or for the benefit of, a restricted person; or

(iii) the nature of any financial transactions entered into by a restricted person.

5.—(1) The Treasury may specify the manner in which, and the period within which, information is to be provided.

(2) If no such period is specified, the information which has been requested must be provided within a reasonable time.

(3) A request may include a continuing obligation to keep the Treasury informed as circumstances change, or on such regular basis as the Treasury may specify.

6.—(1) A request under this Schedule may include a request to produce specified documents or documents of a specified kind or description.

(2) Where the Treasury request that documents be produced, they may—

(a) take copies of or extracts from any document so produced;

(b) request any person producing a document to give an explanation of it; and

(c) where that person is a body corporate, request any person who is a present or past officer of, or employee of, the body corporate to give such an explanation.

(3) Where the Treasury request a restricted person or a person acting under a licence granted under article 17 to produce documents, that person must—

(a) take reasonable steps to obtain the documents, if not already in the person’s possession or control; and

(b) keep the documents under the person’s possession or control (except for the purpose of providing it to the Treasury or as the Treasury may otherwise permit).

7.—(1) A person who—

(a) without reasonable excuse refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this Schedule;

(b) knowingly or recklessly gives any information or produces any document which is false in a material particular in response to such a request;

(c) with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, conceals or removes any document; or

(d) otherwise wilfully obstructs the Treasury in the exercise of their powers under this Schedule,

is guilty of an offence.

(2) Where a person is convicted of an offence under sub-paragraph (1), the court may make an order requiring that person, within such period as may be specified in the order, to comply with the request.