Permissible disclosure of confidential information

Notwithstanding section 103, nothing in this Act and no foundation charter shall prohibit the foundation council, a member, protector or any of the member’s or protector’s directors, officers or employees from disclosing confidential information under the following circumstances– (a) upon an order of the Court or written request of the Financial Intelligence Unit in connection with the presentation of evidence for the purpose of, or in the course of, the trial of any person in respect of a serious crime recognised within Belize, to the extent that the confidential information is required to prove the alleged offence; (b) upon an order of the Court or written request of the Financial Intelligence Unit, pursuant to 80 a treaty or convention between the Government of Belize and any other jurisdiction having the force of law in Belize, pertaining to the exchange of information or legal assistance in connection with the investigation, prosecution or prevention of a serious crime if– (i) the request for the information or legal assistance identifies with specificity the offence, as well as the person or entity charged with, or under investigation for, the offence; (ii) the offence is also a serious crime under the laws of Belize; (iii) the request for exchange of information or legal assistance does not conflict with any existing laws, rules or regulations of Belize; and (iv) the Court or the Financial Intelligence Unit, has determined that the confidential information is required to prove the offence; (c) upon an order of the Court or written request of the Financial Intelligence Unit or other competent authority as the case may be, pursuant to a treaty or convention between the Government of Belize and any other jurisdiction having the force of law in Belize, pertaining to the exchange of information for of determining, assessing or collecting tax, the recovery and enforcement of tax claims or the investigation or prosecution of criminal tax matters; International Foundations [CAP. 24:02 81 (d) upon an order of the Court or written request of the Financial Intelligence Unit, for information regarding the identification of a foundation, foundation council, member, protector, founder, beneficiary, endowment or any transaction of a foundation for the purpose of complying with the Money Laundering & Terrorism (Prevention) Act; CAP. 104. CAP. 138:02 (e) upon written request by the Financial Intelligence Unit made under the Financial Intelligence Unit Act; (f) upon written request within the jurisdiction of Belize by a financial institution or reporting for regarding the identification of a foundation, member, protector, founder or beneficiary of a foundation, the purpose of a foundation or the identification of a foundation endowment or any transaction if– (i) the request is for the purpose of complying with customer due diligence guidelines as set by the Commission or the Money Laundering & Terrorism (Prevention) Act; and CAP. 104. (ii) the requesting institution provides assurance satisfactory to the member or protector that the information shall be maintained as confidential by the requesting institution and shall not be disclosed to any third party; (g) to any person that the foundation council or any of its members reasonably believes requires the information to carry out the management and administration of the foundation and its endowment in the ordinary course of business; (h) to an attorney-at-law in connection with request for, or the receipt of, legal advice relating to the establishment, administration, maintenance, business undertaking, affairs, taxation or property of the foundation or for the prosecution or defense of any litigation relating to the establishment, administration, maintenance, business undertaking, affairs, taxation or endowment of the foundation; or (i) subject to the terms of the foundation and its by-laws– (a) to the founder(s) of the foundation; (b) to the protector of the foundation, if any; and (c) to any beneficiary of the foundation.