The Libya (Restrictive Measures) (Overseas Territories) Order 2011

Evidence and information

23.—(1) The provisions of Schedule 6 which contains further provisions about evidence and information shall have effect in order to facilitate the obtaining, by or on behalf of the Governor—

(a)of evidence or information for the purpose of securing compliance with or detecting evasion of:

(i)this Order in the Territory; or

(ii)any law making provision with respect to the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory;

(b)of evidence of the commission of—

(i)in the Territory, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or

(ii)with respect to any of the matters regulated by this Order, an offence under the law of the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory;

(c)of evidence or information establishing—

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

(ii)the nature of any financial transactions entered into by a designated person;

(d)of evidence or information considered by the Governor appropriate to cooperate with any domestic or international investigation relating to the funds, economic resources or financial transactions of a designated person.

(2) No information furnished or document produced by any person in pursuance of a request made under Schedule 6 shall be disclosed except—

(a)with the consent of the person by whom the information was furnished or the document was produced, provided that a person who has obtained information or is in possession of a document only in their capacity as a servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or the possession of that document in his or her own right;

(b)to any person empowered under Schedule 6 to request that the information furnished or the document produced be furnished or produced 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 Government of the Isle of Man;

(iii)the States of Guernsey or Alderney or the Chief Pleas of Sark;

(iv)the States of Jersey; or

(v)the Government of any other British overseas territory;

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

(i)in the Territory, for an offence under this Order or with respect to any of the matters regulated by this Order, for any offence relating to customs, or

(ii)for an offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas Territory;

(d)to the Financial Services Authority of the United Kingdom or to any equivalent authority of any other country or territory.