Home   Browse contents   View updates   Search  
     Quick search
Go
   

BackText onlyPrint

You need the Flash plugin.

Download Macromedia Flash Player



  • Chapter 3 — Compliance with Requirements of the DFSA

    • 81. Liabilities for Provision of Information or Documents to the DFSA

      Without limiting the generality of any provision of Articles 67 and 68, a person is neither liable to a proceeding, nor subject to a liability, merely because the person has complied, or proposes to comply, with a requirement made, or purporting to have been made, under any provision of this Part for inspection of, copying of, giving of or production of, information or documents.

    • 82. Self-Incrimination and Privileges

      (1) Subject to Article 82(2), it is not a reasonable excuse for a person to refuse or fail to:
      (a) permit inspection and copying of any information or document;
      (b) give or produce, or procure the giving or production of, any information or document; or
      (c) answer questions;
      pursuant to any requirement under Articles 73, 74 or 80 of this Law or Article 69 of the Collective Investment Law 2006 on the grounds that any such information or document or answer, as the case may be:
      (d) might tend to incriminate the person or make the person liable to a penalty;
      (e) is, or contains, or might reveal a Privileged Communication; or
      (f) is, or contains, or might reveal a communication made in confidence.
      (2) Where the DFSA requires a lawyer to give information or to produce a document or to answer a question, and the giving of the information or the production of the document or the answer to the question would involve disclosing a Privileged Communication made by, on behalf of, or to, the lawyer in his capacity as a lawyer, the lawyer is entitled to refuse to comply with the requirement unless:
      (a) where the person to whom, or by, or on behalf of whom, the communication was made is a body corporate that is under official management or is being wound up, the official manager or liquidator of the body as the case may be consents to the lawyer complying with the requirement; or
      (b) otherwise, the person to whom, or by, or on behalf of whom, the communication was made consents to the lawyer complying with the requirement.
      (3) Where a lawyer so refuses to comply with a requirement, he shall, as soon as practicable, give to the DFSA a written notice setting out:
      (a) where the lawyer knows the name and address of the person to whom, or by whom, or on behalf of whom, the communication was made, then that name and address; and
      (b) where the requirement to give information or produce a document relates to a communication which was made in writing, then sufficient particulars to identify the document containing the communication.

    • 83. Obstruction of the DFSA

      A person shall not without reasonable excuse engage in conduct, including without limitation the:

      (a) destruction of documents;
      (b) failure to give or produce information or documents specified by the DFSA;
      (c) failure to attend before the DFSA at a specified time and place to answer questions;
      (d) giving of information that is false or misleading; and
      (e) failure to give any assistance in relation to an investigation which the person is able to give;
      that is intended to obstruct the DFSA in the exercise of any powers under Chapters 1 and 2 of Part 5 or under any Law administered by the DFSA.

    • 84. Enforcement of Compliance by Injunction or Search Warrant

      (1) A requirement imposed on a person as a result of the exercise by the DFSA of powers under Articles 73, 74 or 80 may be enforceable by injunction on the application of the DFSA to the Court.
      (2) Where the DFSA has reasonable grounds to suspect that there are, or may be within the next 3 business days, on particular premises, information or documents which were required to be given or produced to the DFSA as a result of the exercise of powers under Article 73 or Article 80 and that have not been given or produced in compliance with any such requirement, the DFSA may, in addition to or as an alternative to seeking an injunction under Article 84(1), lay before the Court an information on oath setting out those grounds and apply for the issue of a warrant to search the premises for that information or those documents.
      (3) On considering such application and information on oath referred to in Article 84(2), the Court may issue a warrant authorising a named Dubai Police Officer, together with any other person so named in the warrant whether of the DFSA or otherwise, with such assistance and by such force as is necessary and reasonable, to enter into the premises, to search the premises, to break open and search anything (whether a fixture or not) in or on the premises, and to take possession of or secure information or documents that appear to be any or all of the information or documents not given or produced pursuant to the requirement of the DFSA.
      (4) A warrant issued under Article 84(3) must specify the premises and information or documents referred to in Article 84(2), and state whether entry is authorised to be made at any time of the day or night or only during specified hours, and state that the warrant ceases to have effect on a specified day that is not more than 7 days after the date of the issue of the warrant.