Section 78 — CENTRAL BANK OF MALAYSIA ACT 2009

(2)

For the purpose of maintaining the record of international accounts, the Bank shall have the power to require in writing at any time persons which, in the opinion of the Bank, having in their possession or under their custody or control, or has within their capacity to obtain, compile or submit, any data, information or document relating to the record of international accounts—

(a)

to submit such data, information or document to the Bank;

or

(b)

to attend before an officer of the Bank to answer any enquiries in relation to such data, information or document.

(3)

Any person who is required to submit any data, information or document under this section shall ensure that—

(a)

such data, information or document submitted pursuant to any requirement under paragraph (2)(a); or

(b)

any answer to any enquiry pursuant to any requirement under paragraph (2)(b),

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is true, correct, complete and not misleading.

(4)

Any person who is required to submit any data, information or document under this section shall comply with such requirement, notwithstanding the provisions of any written law whether enacted before or after the commencement of this Act or any oath, undertaking, or requirement of secrecy to the contrary or of any obligation under any contract, agreement or arrangement whether express or implied to the contrary.

(5)

Any person shall not, in complying with the requirement to submit any information or document under subsection (4), be treated as being in breach of any such contract, agreement or arrangement.

(6)

The Bank may publish in any manner it deems fit, consolidated statements of all or any part of the record of international accounts, aggregating the data, information or particulars in documents received or obtained under subsection (2), provided that such publication shall not in any manner lead to the identification of any person to which such data, information, or particulars relate.

(7)

Notwithstanding section 88 or any other written law but without prejudice to subsection (6), any data, information or document received or obtained by the Bank under subsection (2) shall only be disclosed by the Bank for the purposes of maintaining the record of international accounts, giving effect to its principal objects or carrying out its primary functions under section 5, and shall not be otherwise disclosed by the Bank to any other person.

(8)

For the purposes of this section—

(a)

“person” means a natural person, any corporation, statutory body, local authority, society, trade union, co-operative society, partnership or any other body, organization, association or group of persons, whether corporate or unincorporate and in addition includes the Government, any State Government or any other government;

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“record of international accounts” refers collectively to the records of balance of payments and international investment position of Malaysia;

“record of balance of payments” means a record of economic and financial transactions of Malaysia with any country, territory or place outside Malaysia during a period deemed appropriate by the Bank;

“record of international investment position” means the position of financial assets and liabilities of Malaysia with any country, territory or place outside Malaysia as at a date deemed appropriate by the Bank; and

(b)

the Bank may determine—

(i)

the economic and financial transactions which may be included or excluded from the record of balance of payments;

(ii)

the external financial assets and liabilities of

Malaysia which may be included or excluded from the record of international investment position; and

(iii)

any territory or place as being in or outside

Malaysia.

(9)

Any person who fails to comply with the requirements of the

Bank under subsection (2), (3) or (4) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit.