Section 87C: Exchange of information related to or relevant for
This section is inserted by Act No 3 of 2026, section 12.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
87C. Exchange of information related to or relevant for
AML/CFT
(1) Notwithstanding sections 83 and 87, the
Commission may, spontaneously or upon request, exchange
with a supervisory body or any other public sector agency
any information relevant to the administration of the relevant
Acts, including the exchange of supervisory information,
related to or relevant for AML/CFT purposes, for the purpose
of discharging the functions of the Commission or of that
body.
(2) Any information under subsection (1) may
be exchanged subject to such conditions as imposed by the
Commission, including conditions restricting the use and
disclosure of the information imparted.
(3) The Commission may, in furtherance of its
objects and functions, enter into any agreement or
arrangement for the exchange of information related to or
relevant for AML/CFT purposes with a public sector agency,
a foreign supervisory institution, a law enforcement agency
or an international organisation, where the Commission is
satisfied that the public sector agency, the foreign supervisory
institution, the law enforcement agency or the international
organisation, as the case may be, has the capacity to protect
the confidentiality of the information imparted, in case such
a condition of confidentiality is imposed by the Commission.
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(4) The Commission may exchange the following
types of information when relevant for AML/CFT purposes,
in particular with other supervisors that have a shared
responsibility for financial institutions operating in the
same group –
(a) regulatory information, such as
information on the domestic regulatory
system and general information on the
financial sectors;
(b) prudential information, such as
information on the financial institution’s
business activities, beneficial
ownership, management and fitness and
propriety; and
(c) such other information pertaining to
AML/CFT as may be required.
(5) The Commission may facilitate the conduct
of investigation or inquiry by a foreign supervisory body
regulating non-bank financial services.
(6) (a) The Commission shall ensure that it has
the prior authorisation of the requested financial supervisor
for any dissemination of information exchanged, or use of that
information for supervisory and non-supervisory purposes,
unless the Commission is under a legal obligation to disclose
or report the information, in which case the Commission
shall, at a minimum, promptly inform the requested financial
supervisor of this obligation.
(b) The Commission shall ensure that its
prior written authorisation is sought by the requesting
financial supervisor, for any dissemination of the information
exchanged, or use of that information for supervisory and
non-supervisory purposes, unless the requesting financial
supervisor is under a legal obligation to disclose or report
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the information exchanged, in which case, at a minimum,
the requesting financial supervisor shall be required to
promptly inform the Commission of this obligation.
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Questions this section answers
- Can the Financial Services Commission share my information with other regulators for anti-money laundering purposes?
- What conditions can be attached when the Commission exchanges my information with another agency?