International Banking Order, 2000 · As enacted
Section 18
Official textFrom Attorney General's Chambers, unchanged
Except as provided by subsection (5) and section 19, not official of a licensee (including a director or an employee) and no person who, by reason of his professional relationship with a licensee, has by any means access to the records of a licensee or any registers or correspondence or material with regard to the account of an individual customer of that licensee shall, at any time (whether while he continues as such an official or while his professional relationship continues or thereafter) give, divulge or reveal any information whatsoever regarding the moneys or other relevant particulars of the account of that customer.
licensee
"licensee" means a bank which is for the time being the holder of a licence;
In subsection (1), "professional relationship" includes a relationship between a bank and a computer bureau, being a relationship which has been approved by the Authority, and such other relationship with a bank as the
bank
"bank" means an institution which carries on banking business; and for the purposes of this Order includes all branches and offices in Brunei Darussalam of such an institlltion;
Authority may from time to time decide.
Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred thousand dollars and to imprisonment for a term not exceeding two years, and any such contravention shall constitute a breach of statutory duty actionable at the suit of any person who suffers loss or damage by virtue of the contravention.
The provisions of this section and of sections 17 and 19 shall have effect in place of any rule, whether arising under the common law or otherwise, with respect to banking secrecy or confidentiality and the exceptions thereto.
{5)
Subsection {1) does not apply where the information relates to credit facilities granted by a licensee incorporated outside Brunei Darussalam and is required by the Authority for the exercise of his functions under this Order in relation to the licensee.
the Authority
"the Authority" means such person or body as is appointed by His Majesty the Sultan and Yang Di-Pertuan to be the Authority for the purposes of this Order;
Terms defined in s 2
bank
Defined · s 2"bank" means an institution which carries on banking business; and for the purposes of this Order includes all branches and offices in Brunei Darussalam of such an institlltion;
director
Defined · s 2"director" includes any person occupying the position of director of a comp{lny, by whatever name called, and includes an alternate or substitute director;
licensee
Defined · s 2"licensee" means a bank which is for the time being the holder of a licence;
the Authority
Defined · s 2"the Authority" means such person or body as is appointed by His Majesty the Sultan and Yang Di-Pertuan to be the Authority for the purposes of this Order;