Revised Laws of Saint Lucia (2021)

20.   Secrecy

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    (1)   Subject to the subsections (2) and (3), information shall not be disclosed relating to—

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      (a)     an application made to the Minister for a licence under this Act;

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      (b)     the affairs of a licensee; or

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      (c)     the affairs of a customer of a licensee,

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    that the Minister or a person acting under the authority of the Minister has acquired in the course of their duties under this Act.

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    (2)   Subsection (1) does not apply to a disclosure by the Minister or Director—

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      (a)     necessary for the effective regulation within Saint Lucia of a licensee;

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      (b)     lawfully required or permitted by any court of competent jurisdiction within Saint Lucia;

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      (c)     permitted under this Act or under any other law in force in Saint Lucia; or

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      (d)     in respect of the affairs of the licensee or a customer of a licensee with the authority of the licensee or the customer of the licensee which has been voluntarily given.

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    (3)   Subject to subsection (4), the Minister may disclose to another regulatory authority outside Saint Lucia information concerning the affairs of a licensee where—

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      (a)     the other regulatory authority permits reciprocal disclosure;

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      (b)     the disclosure is in the interest of prudential regulation of a licensee;

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      (c)     the disclosure pertains to actions of a licensee in violation of any law or with respect to the failure of a licensee to comply with generally accepted principles relating to the international insurance business.

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    (4)   Subsection (3) does not authorise the Director to make a disclosure referred to in that subsection unless—

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      (a)     the Director is satisfied that the intended recipient authority is subject to adequate legal restrictions on further disclosures which may include the provision of an undertaking on confidentiality; and

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      (b)     the disclosure does not relate to customers of a licensee other than information relating to large credit exposure of the licensee.