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As enacted
Contents

Part II · Provisions Applicable to Institutions and Other Persons

9. Duty not to divulge information

Official English translation. The Sinhala text prevails.

(1)

A person shall not disclose to any other person—

(a)

that a report has been made or information provided to the Financial Intelligence Unit in terms of any provisions of this Act ;

(b)

that any suspicion in relation to a transaction has been formed as referred to in section 7 ; or

(c)

any other information from which the person to whom the information is disclosed could reasonably be expected to infer that a suspicion has been formed or that a report has been or may be made.

(2)

The provisions of subsection (1) shall not apply to disclosures made to—

(a)

an officer or employee or agent of the person making the report under this Act for any purpose connected with the performance of that person’s duties ;

(b)

a lawyer, attorney or legal advisor for the purpose of obtaining legel advice or representation in relation to any matter ; or

(c)

the supervisory authority of the relevant Institution, in so far as it is related to the discharge of the functions of the supervisory authority.

(3)

No person referred to in paragraph (b) of subsection (2)

to whom any disclosure of information has been made, shall disclose that information other than to a person referred to therein, in so far as it is necessary for—

(a)

the performance of the first-mentioned person’s duties ; or

Financial Transactions Reporting

(b)

obtaining legal advice or representation in relation to the matter.

(4)

No person referred to in paragraph (c) of subsection 2

to whom the disclosure of any information has been made shall disclose that information except for the purpose referred to in that subsection, or for the purpose of obtaining legal advice or making representation in relation to the matter to the Financial Intelligence Unit.

Part III

Powers and Functions of the Financial Intelligence Unit

Part IV

Functions of Supervisory Authority of an Institution and Auditors

Part V

Currency Reporting at the Border

Part VI

Offences and Liabilities

Part VII

Miscellaneous