Singapore legislation

Section 46ZH

of Securities and Futures Act 2001

Section 46ZH

Obligation to maintain confidentiality

Amended by34/201234/201234/201234/2012

(1)

Subject to subsection (2), a licensed foreign trade repository and its officers and employees must maintain, and aid in maintaining, the confidentiality of all user information or transaction information that —

(a)

comes to the knowledge of the licensed foreign trade repository or any of its officers or employees; or

(b)

is in the possession of the licensed foreign trade repository or any of its officers or employees.

Amended by34/2012

(2)

Subsection (1) does not apply to —

(a)

the disclosure of user information or transaction information for such purposes, or in such circumstances, as the Authority may prescribe;

(b)

any disclosure of user information or transaction information which is authorised by the Authority to be disclosed or provided; or

(c)

the disclosure of user information or transaction information pursuant to any requirement imposed under any written law or order of court in Singapore.

Amended by34/2012

(3)

To avoid doubt, nothing in this section is to be construed as preventing a licensed foreign trade repository from entering into a written agreement with a participant which obliges the licensed foreign trade repository to maintain a higher degree of confidentiality than that specified in this section.

Amended by34/2012

(4)

A licensed foreign trade repository must comply with such other requirements relating to confidentiality as the Authority may prescribe.

Amended by34/2012