•
Under CJICL Section 4, the attorney general may require any person to attend and give evidence in proceedings before the court in relation to the request, to provide the attorney general or the court any documents or other articles as specified in the notice, and to attend and give evidence in proceedings before the court or the viscount in relation to the evidence produced. The provision also allows for the production of documents or evidence otherwise covered by banking confidentiality.
C.3. Access to Information Covered by Banking or Professional Secrecy •
Apart from legal professional privilege (see below), there is no banking or professional secrecy in Guernsey. A common law principle of confidentiality applies to financial institutions, but it cannot prevent the Guernsey authorities from providing MLA because the legislation governing the obtaining of evidence or information contains provisions that specifically override duties of confidentiality, as follows: • POCL Sections 45 (9) (b), 48(10), 48F, and 48L. • DTL Sections 63(9) (b), 67(10), 67F, and 67L. • Tl Schedule 5 section 5(4)(b), Schedule 6 section 1(3), and Schedule 7 section 5 (2). • FOML Sections 23 (2), 33, 39, 45(5), 47(5), and 52(4). • CJICL Schedule 1, Para 5, applying the Bankers Books Law. • FIL Section 2. • IDL Section 11(5). • Guernsey laws do not allow for the compelled production of documents or evidence covered by legal professional privilege unless there is a suspicion that the lawyer himself committed a criminal offense.
Provisional Measures (Freezing, Seizing, and Restraint Orders) C.4. Direct Enforcement of Foreign Freezing and Seizing Orders • Foreign seizing or freezing orders cannot be implemented directly in Guernsey. C.5. Issuance of Domestic Provisional Measures upon Request by a Foreign Jurisdiction •
Legal basis: Primary legislation: POCL Section 35, DTL Section 35 DTL, and TL Section 18/Schedule 2. Subordinate legislation: the PCLOCO, the DTDCTO, and the TLEO. • Procedures: The subordinate legislation contains provisions to facilitate the admissibility of foreign documents and evidence, and modifies the relevant domestic powers in the primary legislation as necessary so that seizing orders may be obtained at the request of designated jurisdictions. Effectively the regime for enforcing overseas orders mirrors the regime for domestic orders. For nondesignated jurisdictions, civil powers of seizure in respect of cash at TL 132
Book 1.indb 132
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Barriers to Asset Recovery
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