Criminal Asset Recovery Order, 2012 · s 31

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31. (1)
In relation to any information it has received in accordance with its functions, the Financial Intelligence Unit is authorised to obtain from any entity or person, subject to the reporting obligations required by sections 15 and 16, any additional information that the Financial Intelligence Unit deems necessary to carry out its functions and such information requested shall be provided within the time limits set and in a form specified by the Financial Intelligence Unit.
(2)
The Financial Intelligence Unit is authorised to access and review information on-site that belongs to or is in the custody of financial institutions or designated non-financial businesses and professions which is necessary to the fulfillment of the functions of the Financial Intelligence Unit, including but not lim1ted to 567
{a)
enter the premises of any financial institution or designated non-financial businesses and professions during ordinary business hours to inspect any records, ask any questions of any employee of the financial institution or designated non-financial businesses and professions relating to such records, and make notes and take copies of the records;
{b)
collect any information that the Financial Intelligence Unit considers relevant to money laundering activities, serious offences, the financing of terrorism or any contravention of this Order whether or not publicly available, including commercially available databases, or

BRUNEI DARUSSALAM GOVERNMENT GAZETTE information that is collected or maintained, including information that is stored in databases maintained by Government agencies and institutions;
(c}
obtain from any government department any records of a person under investigation for committing, or attempting to commit, a money laundering offence, a serious offence, a terrorism financing offence or an offence under this Order;
(d}
seek information from any foreign government agency, foreign law enforcement agency, foreign supervisory authority and foreign auditing authority for purposes of this Order;
(e}
destroy a suspicious transaction report received or collected on the expiry of 7 years after the date of receipt of the report if there has been no further activity or information relating to the report or the person named in the report, or 7 years from the date of the last activity relating to the person or report;
(fJ instruct any financial institution or designated non-financial businesses and professions to take such steps as may be appropriate in relation to any information or report received by the Financial Intelligence
Unit, to enforce compliance with this Order or to facilitate any investigation anticipated by the Financial Intelligence Unit or a law enforcement agency;
(g}
compile statistics and records, and may disseminate information within Brunei Darussalam or elsewhere and make recommendations arising out of any information received;
(h) where appropriate, periodically provide feedback to financial institutions, designated non-financial businesses and professions and relevant government departments, offices, agencies and institutions regarding outcomes relating to the reports or information provided pursuant to this Order;
(i} obtain further information on persons or transactions referred to in a report made to it pursuant to this Order; and ljJ disclose any report, or information derived from such report, to any government department: office or agency subject to the confidentiality requirements of this Order.
(31
Subsection
(21
shall apply subject to the restrictions in the interpretation of "designated non-financial businesses and professions" in section 2 and, subject to section 15(2).

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s 31

(2)

The Financial Intelligence Unit is authorised to access and review information on-site that belongs to or is in the custody of financial institutions or designated non-financial businesses and professions which is necessary to the fulfillment of the functions of the Financial Intelligence Unit, including but not lim1ted to 567

{a)

enter the premises of any financial institution or designated non-financial businesses and professions during ordinary business hours to inspect any records, ask any questions of any employee of the financial institution or designated non-financial businesses and professions relating to such records, and make notes and take copies of the records;

{b)

collect any information that the Financial Intelligence Unit considers relevant to money laundering activities, serious offences, the financing of terrorism or any contravention of this Order whether or not publicly available, including commercially available databases, or

BRUNEI DARUSSALAM GOVERNMENT GAZETTE information that is collected or maintained, including information that is stored in databases maintained by Government agencies and institutions;

(c}

obtain from any government department any records of a person under investigation for committing, or attempting to commit, a money laundering offence, a serious offence, a terrorism financing offence or an offence under this Order;

(d}

seek information from any foreign government agency, foreign law enforcement agency, foreign supervisory authority and foreign auditing authority for purposes of this Order;

(e}

destroy a suspicious transaction report received or collected on the expiry of 7 years after the date of receipt of the report if there has been no further activity or information relating to the report or the person named in the report, or 7 years from the date of the last activity relating to the person or report;

(fJ instruct any financial institution or designated non-financial businesses and professions to take such steps as may be appropriate in relation to any information or report received by the Financial Intelligence

Unit, to enforce compliance with this Order or to facilitate any investigation anticipated by the Financial Intelligence Unit or a law enforcement agency;

(g}

compile statistics and records, and may disseminate information within Brunei Darussalam or elsewhere and make recommendations arising out of any information received;

(h)

where appropriate, periodically provide feedback to financial institutions, designated non-financial businesses and professions and relevant government departments, offices, agencies and institutions regarding outcomes relating to the reports or information provided pursuant to this Order;

(i} obtain further information on persons or transactions referred to in a report made to it pursuant to this Order; and ljJ disclose any report, or information derived from such report, to any government department: office or agency subject to the confidentiality requirements of this Order.

(31

Subsection

(21

shall apply subject to the restrictions in the interpretation of "designated non-financial businesses and professions" in section 2 and, subject to section 15(2).