Islamic Financial Services Act 2013 · s 163

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163.
Confidential information
(1) Any document or information produced by the Bank as provided in subsection (2) as a result of the administration or enforcement of this Act, the Central Bank of Malaysia Act 2009 or any other written law administered by the Bank, or from an examination by a relevant supervisory authority under section 164, shall not be disclosed by any authorized person, operator of a designated payment system or financial holding company, or any director, officer, auditor, actuary or a member of the Shariah committee of such persons, to any other person except in such circumstances as may be specified by the Bank.
(2) A document or information referred to in subsection (1) which shall not be disclosed, whether wholly or in part, shall include—
(a) any rating assigned by the Bank or relevant supervisory authority, as the case may be, to an authorized person, operator of a designated payment system or financial holding company;
(b) any stage of intervention assigned to an authorized person, operator of a designated payment system or financial holding company;
(c) any assessment of an authorized person, operator of a designated payment system or financial holding company made by the Bank or relevant supervisory authority, as the case may be, as a result of an examination or other supervisory review of such person including any report, correspondence or recommendation made to such persons;
(d) any enforceable undertaking accepted by the Bank under section 270;
(e) any order made, or direction issued by the Bank under this
Act or by the relevant supervisory authority, as the case may be, to an authorized person, operator of a designated payment system or financial holding company; or
(f) any other information as may be specified by the Bank.

158
(3) In any court proceedings, where any document or information referred to in this section is likely to be disclosed, the court, of its own motion, or at the application of a party to the proceedings or the Bank, may order for such proceedings to be held in camera and in such case, the document or information shall be secret as between the court and parties or the Bank thereto, and no such party shall disclose such document or information to any other person.
(4) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.

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s 163Confidential information

(1)

Any document or information produced by the Bank as provided in subsection (2) as a result of the administration or enforcement of this Act, the Central Bank of Malaysia Act 2009 or any other written law administered by the Bank, or from an examination by a relevant supervisory authority under section 164, shall not be disclosed by any authorized person, operator of a designated payment system or financial holding company, or any director, officer, auditor, actuary or a member of the Shariah committee of such persons, to any other person except in such circumstances as may be specified by the Bank.

(2)

A document or information referred to in subsection (1) which shall not be disclosed, whether wholly or in part, shall include—

(a)

any rating assigned by the Bank or relevant supervisory authority, as the case may be, to an authorized person, operator of a designated payment system or financial holding company;

(b)

any stage of intervention assigned to an authorized person, operator of a designated payment system or financial holding company;

(c)

any assessment of an authorized person, operator of a designated payment system or financial holding company made by the Bank or relevant supervisory authority, as the case may be, as a result of an examination or other supervisory review of such person including any report, correspondence or recommendation made to such persons;

(d)

any enforceable undertaking accepted by the Bank under section 270;

(e)

any order made, or direction issued by the Bank under this

Act or by the relevant supervisory authority, as the case may be, to an authorized person, operator of a designated payment system or financial holding company; or

(f)

any other information as may be specified by the Bank.

158

(3)

In any court proceedings, where any document or information referred to in this section is likely to be disclosed, the court, of its own motion, or at the application of a party to the proceedings or the Bank, may order for such proceedings to be held in camera and in such case, the document or information shall be secret as between the court and parties or the Bank thereto, and no such party shall disclose such document or information to any other person.

(4)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.