The Terrorism (United Nations Measures) Order 2009

Article 19

SCHEDULE

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.

PART 2 Information Disclosure

8.  The Treasury must take such steps as they consider appropriate to cooperate with any investigation, in the United Kingdom or elsewhere, relating to the funds, economic resources or financial transactions of a restricted person.

9.—(1) The Treasury may disclose any information obtained by it in exercise of its powers under this Order (including any copy or extract made of any document)—

(a) to a police officer;

(b) to any person holding or acting in any office under or in the service of—

(i) the Crown in respect of the Government of the United Kingdom;

(ii) the Crown in right of the Scottish Administration;

(iii) the Government of the Isle of Man;

(iv) the States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark;

(v) the Government of any British overseas territory;

(c) to the Legal Services Commission,

(d) to the Financial Services Authority,

(e) to the Isle of Man Insurance and Pensions Authority and Financial Supervision Commission,

(f) to the Jersey Financial Services Commission,

(g) to the Guernsey Financial Services Commission,

(h) for the purpose of giving assistance or cooperation, pursuant to the Security Council Resolutions, to—

(i) any organ of the United Nations;

(ii) any person in the service of the United Nations, the Council of the European Union, the European Commission or the Government of any country;

(i) with a view to instituting, or otherwise for the purposes of, any proceedings—

(i) in the United Kingdom, for an offence under this Order; or

(ii) in any of the Channel Islands, the Isle of Man or any British overseas territory, for an offence under a similar provision in any such jurisdiction; or

(j) with the consent of a person who, in his or her own right, is entitled to the information or to the possession of the document, to any third party.

(2) In this paragraph, “in his or her own right” means not merely in the capacity as a servant or agent of another person.

PART 3 General provisions

10.—(1) Anything done under this Schedule is not to be treated as a breach of any restriction imposed by statute or otherwise.

(2) The provisions of this Schedule are not to be treated as limiting the powers of the Treasury to impose conditions in connection with the discharge of their functions under article 17.

(3) Nothing in this Schedule shall be taken to require any person who has acted as counsel or solicitor for any person to give or produce any privileged information or document in his or her possession in that capacity.