Section 83: Confidentiality

83. Confidentiality (1) Every member of the Board, the technical committee, the Enforcement Committee, the Chief Executive, and every employee of the Commission shall— (a) before he begins to perform any duty under the relevant Acts, take an oath of confidentiality in the form set out in Part II of the Third Schedule; and (b) maintain during or after his relationship with the Commission, the confidentiality of any matter relating to the relevant Acts which comes to his knowledge. (1A) Subsection (1) shall also apply to a person referred to in section 88 (1) (fa), (g) and (h). (2) Subject to subsection (3) and except for the purposes of administering the relevant Acts or where he is authorised to do so by the Commission, no person referred to in subsection (1) shall communicate to any unauthorised person any matter relating to the relevant Acts. (3) (a) The Commission shall furnish, when so required by the Bank of Mauritius, such information as may be required for the purposes of assisting the Bank of Mauritius in the discharge of its functions. (b) Subject to paragraph (c), the Bank of Mauritius may publish, in whole or in part, any information furnished under paragraph (a). (c) No information shall be published by the Bank of Mauritius where such publication would entail the disclosure of the financial affairs of any individual or enterprise without the consent in writing of the individual or enterprise. (4) Every person referred to in subsection (1) shall, in relation to a corporation holding a Category 1 Global Business Licence or a Category 2 Global Business Licence, deal with all the documents and other information in his possession or under his control concerning that corporation as secret and confidential. F10 – 51 [Issue 6] Financial Services Act (5) Except where ordered by the Supreme Court for a reason specified in subsection (6), no person referred to in subsection (1) shall, in relation to a corporation holding a Category 1 Global Business Licence or a Category 2 Global Business Licence, be required to produce or divulge to any Court, tribunal, committee of enquiry or other authority in Mauritius or elsewhere any document, information or other matter coming to his notice, or being in his possession or control for any reason. (6) Notwithstanding any other enactment, the Supreme Court shall, in relation to a corporation holding a Category 1 Global Business Licence or a Category 2 Global Business Licence, not make an order for disclosure or production of any confidential information except on the application of the Director of Public Prosecutions, and on being satisfied that the confidential information is bona fide required for the purpose of any enquiry or trial into or relating to the trafficking of narcotics and dangerous drugs, arms trafficking or money laundering under the Financial Intelligence and Anti-Money Laundering Act. (7) Subsections (4), (5) and (6) shall be without prejudice to— (a) the obligations of Mauritius under any international treaty, convention or agreement, and to the obligations of any public sector agency under any international arrangement or concordat; (b) such disclosure as is necessary for the purpose of administering the relevant Acts and of discharging a function under those Acts; (c) disclosure, pursuant to an agreement or arrangement for the exchange of information and under condition of confidentiality, for the purpose of exercising its functions, in relation to a corporation holding a Categ international treaty, convention or agreement, and to the obligations of any public sector agency under any international arrangement or concordat; (b) such disclosure as is necessary for the purpose of administering the relevant Acts and of discharging a function under those Acts; (c) disclosure, pursuant to an agreement or arrangement for the exchange of information and under condition of confidentiality, for the purpose of exercising its functions, in relation to a corporation holding a Category 1 Global Business Licence or a Category 2 Global Business Licence or in relation to a financial institution carrying out any services or business activities under any of the relevant Acts— (i) to a public sector agency; or (ii) to any other institution which performs in a foreign country functions similar to those of the Commission under this Act; (d) the duty of the Commission to pass on information to the FIU established under the Financial Intelligence and Anti-Money Laundering Act, pursuant to section 22 of that Act. (8) Notwithstanding the above provisions, the Commission shall, upon the request of the holder of a Global Business Licence, issue a certificate of good standing certifying that the name of the licensee is on the register and it is of good standing in terms of fees and reporting obligations, as applicable, under section 30. (9) Any person who contravenes this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding one million rupees and to imprisonment for a term not exceeding 5 years. [S. 83 amended by s. 17 (e) of Act 14 of 2009 w.e.f. 30 July 2009; s. 19 (f) of Act 27 of 2013 w.e.f. 21 December 2013.] [Issue 6] F10 – 52 Revised Laws of Mauritius