SCHEDULE
PART 1Information 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.