Section 14A
Prohibition against disclosure of reports and related information
Any person who knows or has reason to suspect that a reporting institution is proposing to report, is reporting or has lodged a report under section 14 or is proposing to provide, is providing or has provided any other related information to the
*NOTE—Paragraph 14(1)(a)–see Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of
Unlawful Activities (Invocation of Part IV) (No. 2) Order 2014 [P.U. (A) 324/2014].
**NOTE—Invoked pursuant to section 8 of this Act on institutions carrying on banking business, finance company business, merchant banking business and Islamic banking business which comes into operation on 15 January 2002 –see P.U. (A) 20/2002.
***NOTE—See Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities
(Invocation of Part IV) (No. 2) Order 2014 [P.U. (A) 324/2014].
Anti-Money Laundering, Anti-Terrorism 33
Financing and Proceeds of Unlawful
Activities competent authority and discloses such knowledge, suspicion or information to any other person commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both.
(2)
Any person to whom a disclosure of any knowledge, suspicion or information in contravention of subsection (1) has been made who makes a record of the knowledge, suspicion or information, or further discloses that knowledge, suspicion or information to any other person in any circumstances commits an offence and shall on conviction be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both.
(3)
Subsections (1) and (2) do not apply to the disclosure of information by a person if the disclosure is made—
(a)
in the course of acting in connection with the performance of his duties or the exercise of his functions under this Act;
(b)
for the purpose of informing of the risks involved in dealing with a particular customer, to a related corporation of the reporting institution where that related corporation is incorporated in Malaysia and is engaged in financial services in Malaysia;
(c)
in the course of acting in connection with the performance of his duties as a director, officer or employee of a reporting institution, to the supervisory authority of the reporting institution; or
(d)
with the written authorisation of the competent authority.
34 Laws of Malaysia
(4)
For the purposes of subsection (3), “related” in relation to a corporation means related within the meaning of section 6 of the
*Companies Act 1965.