Revised Laws of Saint Lucia (2021)

48.   Monitoring orders not to be disclosed

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    (1)   A financial institution that is, or has been, subject to a monitoring order shall not disclose the existence or the operation of the order to any person except;

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      (a)     an officer or agent of the institution, for the purpose of ensuring that the order is complied with; or

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      (b)     an attorney-at-law, for the purpose of obtaining legal advice or representation in relation to the order; or

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      (c)     the Commissioner or a police officer authorised in writing by the Commissioner to receive the information.

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    (2)   A person referred to in subsection (1)(a), (1)(b) or (1)(c) to whom a disclosure of the existence or operation of a monitoring order has been made, whether in accordance with subsection (1) or a previous application of this subsection or otherwise, shall not—

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      (a)     disclose the existence or operation of the order except to another person referred to in the said subsection (1) for the purposes of—

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        (i)     the performance of that person's duties, if the disclosure is made by the Commissioner or a police officer,

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        (ii)     ensuring that the order is complied with or obtaining legal advice or representation in relation to the order, if the disclosure is made by an officer or agent of the institution, or

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        (iii)     giving legal advice or making representation in relation to the order, if the disclosure is made by an attorney-at-law; or

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      (b)     make a record of, or disclose, the existence of the operation of the order in any circumstances, even when he or she ceases to be a person referred to in subsection (1).

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    (3)   Subsection (2) does not prevent the disclosure by a person referred to in subsection (1)(c) of the existence or operation of a monitoring order—

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      (a)     for the purposes of, or in connection with, legal proceedings; or

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      (b)     in the course of proceedings before a Court.

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    (4)   A person referred to in subsection (1)(b) shall not be required to disclose to any Court the existence or operation of a monitoring order.

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    (5)   A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to—

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      (a)     a fine of $20,000 or imprisonment for a period of 3 years or both, in the case of a natural person; or

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      (b)     a fine of $100,000 in the case of a body corporate.

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    (6)   A reference in this section to disclosing the existence or operation of a monitoring order to a person includes a reference to disclosing information to the person from which that person could reasonably be expected to infer the existence or operation of the monitoring order.

Obligations of Financial Institutions