Clause 6

compliance with an order or request made under any specified written law to provide information, for the purposes of an investigation or prosecution, of an offence alleged or suspected to have been committed under any written law; or

the making of a complaint or report under any specified written law for an offence alleged or suspected to have been committed under any written law Any police officer or public officer duly authorised under the specified written law to carry out the investigation or prosecution or to receive the complaint or report, or any court2.Disclosure is necessary for compliance with an order of the Supreme Court or a Judge sitting in the Supreme Court pursuant to the powers conferred under Part 4 of the Evidence Act 1893 All persons to whom the disclosure is required to be made under the court order PART 2FURTHER DISCLOSURE PROHIBITEDFirst column Second column Third columnPurpose for which specified information may be disclosed Persons to whom specified information may be disclosed Restrictions and conditions1.Disclosure is solely in connection with the performance of duties as an officer or a professional adviser mentioned in the second column in managing one or more of the following risks of the prescribed financial institution:

money laundering risk; (b)terrorism financing risk; (c)risk of financing the proliferation of weapons of mass destruction In the case of a prescribed financial institution which is —

a branch or office of a bank incorporated outside Singapore —

any officer of the prescribed financial institution; (ii)any officer of any member of the prescribed financial institution’s financial group who is designated in writing by any other officer of the head office of the prescribed financial institution; (iii)any officer of any member of the prescribed financial institution’s financial group who is designated in writing by the parent entity of the prescribed financial institution;

any lawyer or consultant appointed or engaged by the prescribed financial institution under a contract for service; or

any auditor appointed or engaged by —

the prescribed financial institution; (B)any officer of the head office of the bank, on behalf of the bank; or

the parent entity of the prescribed financial institution, under a contract for service; or

a financial institution —

any officer of any branch or office of the prescribed financial institution located within Singapore;

any officer of any branch of the prescribed financial institution located outside Singapore who is designated in writing by the prescribed financial institution;

any officer of any member of the prescribed financial institution’s financial group who is designated in writing by the prescribed financial institution or the parent entity of the prescribed financial institution;

any lawyer or consultant appointed or engaged by the prescribed financial institution under a contract for service; or

any auditor appointed or engaged by —

the prescribed financial institution; or

the parent entity of the prescribed financial institution, under a contract for service (a)Disclosure must not be made to any person mentioned in the second column who —

is outside Singapore; (ii)is ordinarily resident outside Singapore; or

is not either —

a member of the prescribed financial institution’s financial group; or (B)an officer of a member of the prescribed financial institution’s financial group, unless the identity of every relevant person and every officer of every relevant person mentioned in the specified information has been anonymised;

Disclosure must not be made to any auditor appointed or engaged by a person mentioned in sub‑paragraph (a)(v)(B) or (C) of the second column unless the auditor has given to the prescribed financial institution a written undertaking that the auditor will not disclose any specified information obtained by the auditor for the purposes of the performance of audit to any person other than —

the officers of the head office of the prescribed financial institution; or

the parent entity of the prescribed financial institution; (c)Disclosure must not be made to any auditor appointed or engaged by a person mentioned in sub‑paragraph (b)(v)(B) of the second column unless the auditor has given to the prescribed financial institution a written undertaking that the auditor will not disclose any specified information obtained by the auditor for the purposes of the performance of audit to any person other than the parent entity of the prescribed financial institution2.Disclosure is solely in connection with the management of any —

money laundering risk; (b)terrorism financing risk; or

risk of financing the proliferation of weapons of mass destruction, of —

in the case of a prescribed financial institution mentioned in sub‑paragraph (a) of the second column, the head office of the prescribed financial institution; (e)the parent entity of the prescribed financial institution; (f)in the case of a prescribed financial institution mentioned in sub‑paragraph (a) of the second column, any branch of the prescribed financial institution located outside Singapore; or

a related corporation of the prescribed financial institution In the case of a prescribed financial institution which is —

a branch or office of a bank incorporated outside Singapore —

any officer of the head office of the prescribed financial institution who is designated in writing by any other officer of the head office of the prescribed financial institution;

any officer of the parent entity of the prescribed financial institution who is designated in writing by the parent entity of the prescribed financial institution;

any officer of any branch of the prescribed financial institution located outside Singapore who is designated in writing by any officer of the head office, or the parent entity, of the prescribed financial institution; or

any officer of any related corporation of the prescribed financial institution who is designated in writing by any officer of the head office, or the parent entity, of the prescribed financial institution; or (b)a financial institution —

any officer of the parent entity of the prescribed financial institution who is designated in writing by the parent entity of the prescribed financial institution; or

any officer of any related corporation of the prescribed financial institution who is designated in writing by the prescribed financial institution or the parent entity of the prescribed financial institution (a)Where the prescribed financial institution had received the specified information under section 28D or 28E, disclosure must not be made to any person mentioned in the second column who is outside Singapore or is ordinarily resident outside Singapore, unless —

the prescribed financial institution has filed a suspicious transaction report in respect of any property connected to the relevant party to which the disclosure relates; and (ii)the identity of every relevant person and every officer of every relevant person mentioned in the specified information has been anonymised; (b)Where the prescribed financial institution had accessed the specified information under section 28F, disclosure must not be made to any person mentioned in the second column who is outside Singapore or is ordinarily resident outside Singapore, unless the identity of every relevant person and every officer of every relevant person mentioned in the specified information has been anonymised3.Disclosure is solely in connection with the performance of operational functions of the prescribed financial institution in relation to the management of one or more of the following risks of the prescribed financial institution, where such operational functions have been out-sourced:

money laundering risk; (b)terrorism financing risk; (c)risk of financing the proliferation of weapons of mass destruction Any person that is engaged by —

the prescribed financial institution; or

where the prescribed financial institution is a branch or office of a bank incorporated outside Singapore, the bank, to perform the out‑sourced functions If any such out‑sourced function is —

to be performed outside Singapore; (b)to be performed by a person who is ordinarily resident outside Singapore; or (c)to be performed by any person who is not either —

a member of the prescribed financial institution’s financial group; or

an officer of a member of the prescribed financial institution’s financial group, the disclosure is subject to any conditions that may be specified in a notice or direction issued by the Authority or otherwise imposed by the Authority4.Disclosure is solely in connection with the management of any —

money laundering risk;

terrorism financing risk; or

risk of financing the proliferation of weapons of mass destruction, for —

in the case where the prescribed financial institution is not a branch or office of a bank incorporated outside Singapore, the merger or proposed merger of the prescribed financial institution or its holding company (where its holding company is a financial holding company) with another company; (e)in the case where the prescribed financial institution is a branch or office of a bank incorporated outside Singapore, the merger or proposed merger of the bank or its holding company (where its holding company is a financial holding company) with another company;

in the case where the prescribed financial institution is not a branch or office of a bank incorporated outside Singapore, any acquisition or issue, or proposed acquisition or issue, of any part of the share capital of the prescribed financial institution or its holding company (where its holding company is a financial holding company); or

in the case of a prescribed financial institution that is a branch or office of a bank incorporated outside Singapore, any acquisition or issue, or proposed acquisition or issue, of any part of the share capital of the bank or its holding company (where its holding company is a financial holding company), whether or not the merger, acquisition or issue is subsequently entered into or completed Any person participating or otherwise involved in the merger, acquisition or issue, or proposed merger, acquisition or issue, including any of the person’s lawyers or other professional advisers (whether or not the merger or acquisition is subsequently entered into or completed) Disclosure must not be made to any person mentioned in the second column who —

is outside Singapore;

is ordinarily resident outside Singapore; or (c)is not either —

a member of the prescribed financial institution’s financial group; or (ii)an officer of a member of the prescribed financial institution’s financial group,unless the identity of every relevant person and every officer of every relevant person mentioned in the specified information has been anonymised5.Disclosure is solely in connection with the management of any —

money laundering risk;

terrorism financing risk; or

risk of financing the proliferation of weapons of mass destruction, for the transfer or proposed transfer of the business of the prescribed financial institution to a company under Division 1 of Part 7A of the Banking Act 1970, whether or not the transfer is subsequently carried out or completed Any —

transferee defined in section 55A of the Banking Act 1970; (b)professional adviser appointed by any transferor or transferee defined in section 55A of the Banking Act 1970; or

independent assessor appointed by the Minister or the Authority under section 55B(4) of the Banking Act 1970 Disclosure must not be made to any person mentioned in the second column who —

is outside Singapore; (b)is ordinarily resident outside Singapore; or (c)is not either —

a member of the prescribed financial institution’s financial group; or (ii)an officer of a member of the prescribed financial institution’s financial group,unless the identity of every relevant person and every officer of every relevant person mentioned in the specified information has been anonymised6.Disclosure is solely in connection with the management of any —

money laundering risk; (b)terrorism financing risk; or

risk of financing the proliferation of weapons of mass destruction, for the transfer or proposed transfer of the business of —

in the case where the prescribed financial institution is not a branch or office of a bank incorporated outside Singapore, the prescribed financial institution; and

in the case where the prescribed financial institution is a branch or office of a bank incorporated outside Singapore, the bank, to a company under Division 2 of Part 8, whether or not the transfer is subsequently carried out or completed (a)Any —

transferee, defined in section 65; (ii)professional adviser appointed by any transferor or transferee defined in section 65; or

independent assessor appointed by the Authority under section 66(4); or

Where the prescribed financial institution is a branch or office of a bank incorporated outside Singapore, any officer of —

the head office of the bank; or (ii)another branch of the bank Disclosure must not be made to any person mentioned in the second column who —

is outside Singapore;

is ordinarily resident outside Singapore; or (c)is not either —

a member of the prescribed financial institution’s financial group; or (ii)an officer of a member of the prescribed financial institution’s financial group,unless the identity of every relevant person and every officer of every relevant person mentioned in the specified information has been anonymised7.Disclosure is solely in connection with the management of any —

money laundering risk;

terrorism financing risk; or

risk of financing the proliferation of weapons of mass destruction, for the transfer or proposed transfer of the shares —

in the case where the prescribed financial institution is not a branch or office of a bank incorporated outside Singapore, in the prescribed financial institution; and

in the case where the prescribed financial institution is a branch or office of a bank incorporated outside Singapore, in the bank, under Division 4 of Part 8, whether or not the transfer is subsequently carried out or completed Any —

transferor or transferee, defined in section 74(1);

professional adviser appointed by the transferor or transferee defined in section 74(1); or (c)independent assessor appointed by the Authority under section 75(2) Disclosure must not be made to any person mentioned in the second column who —

is outside Singapore;

is ordinarily resident outside Singapore; or (c)is not either —

a member of the prescribed financial institution’s financial group; or (ii)an officer of a member of the prescribed financial institution’s financial group,unless the identity of every relevant person and every officer of every relevant person mentioned in the specified information has been anonymised8.Disclosure is solely in connection with the management of any —

money laundering risk;

terrorism financing risk; or

risk of financing the proliferation of weapons of mass destruction, for the restructuring or proposed restructuring of the share capital of —

in the case where the prescribed financial institution is not a branch or office of a bank incorporated outside Singapore, the prescribed financial institution; and Any —

shareholder of the prescribed financial institution or bank, as the case may be; (b)subscriber defined in section 77;

professional adviser appointed by the prescribed financial institution or bank (as the case may be) or any person mentioned in sub‑paragraph (a) or (b); or

independent assessor appointed by the Authority under section 78(3) Disclosure must not be made to any person mentioned in the second column who —

is outside Singapore;

is ordinarily resident outside Singapore; or (c)is not either —

a member of the prescribed financial institution’s financial group; or (ii)an officer of a member of the prescribed financial institution’s financial group,unless the identity of every relevant person and every officer of every relevant person mentioned in the specified information has been anonymised(e)in the case where the prescribed financial institution is a branch or office of a bank incorporated outside Singapore, the bank, under Division 5 of Part 8, whether or not the restructuring is carried out or completed 9.Disclosure is solely in connection with the management of any —

money laundering risk; (b)terrorism financing risk; or

risk of financing the proliferation of weapons of mass destruction, for the restructure, transfer or sale, or proposed restructure, transfer or sale, of credit facilities (whether or not the restructure, transfer or sale is subsequently entered into or completed) Any transferee or purchaser or any other person participating or otherwise involved in the restructure, transfer or sale, or proposed restructure, transfer or sale, including any of the person’s lawyers or other professional advisers (whether or not the restructure, transfer or sale is subsequently entered into or completed) (a)Specified information, other than information relating to the relevant credit facilities, must not be disclosed;

Disclosure must not be made to any person mentioned in the second column who —

is outside Singapore; (ii)is ordinarily resident outside Singapore; or (iii)is not either —

a member of the prescribed financial institution’s financial group; or (B)an officer of a member of the prescribed financial institution’s financial group, unless the identity of every relevant person and every officer of every relevant person mentioned in the specified information has been anonymised PART 3INTERPRETATION 1. In this Schedule —“financial group”, in relation to a prescribed financial institution, means a group of which the prescribed financial institution is a member, that comprises —

a legal person that exercises control over, and performs coordinating functions in relation to, every member of the rest of the group;

every branch of the person mentioned in paragraph (a); and

every subsidiary of the person mentioned in paragraph (a) that is a financial institution or foreign financial institution;“financial holding company” means a company designated by the Authority under section 4 of the Financial Holding Companies Act 2013;“foreign financial institution” has the meaning given by section 17(1);“holding company” has the meaning given by section 2(1) of the Financial Holding Companies Act 2013;“parent entity” —

in relation to a prescribed financial institution that is not a branch or office of a bank incorporated outside Singapore, means an entity that is able to exercise a significant influence over the direction and management of the prescribed financial institution or which has a controlling interest in the prescribed financial institution; and

in relation to a prescribed financial institution that is a branch or office of a bank incorporated outside Singapore, means an entity that is able to exercise a significant influence over the direction and management of the bank or which has a controlling interest in the bank;“public officer” includes any officer of a statutory board;“related corporation” —

in relation to a prescribed financial institution that is not a branch or office of a bank incorporated outside Singapore, means a corporation that is deemed to be related to the prescribed financial institution by virtue of section 6 of the Companies Act 1967; and

in relation to a prescribed financial institution that is a branch or office of a bank incorporated outside Singapore, means a corporation that is deemed to be related to the bank by virtue of section 6 of the Companies Act 1967;“relevant person” means a prescribed financial institution or the Authority;“specified information” means any risk information that a prescribed financial institution receives or accesses under Part 4A;“specified written law” means the following Acts:

the Companies Act 1967;

the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; (c)the Criminal Procedure Code 2010; (d)the Goods and Services Tax Act 1993; (e)the Hostage-Taking Act 2010; (f)the Income Tax Act 1947;

the Insolvency, Restructuring and Dissolution Act 2018; (h)the Internal Security Act 1960; (i)the Kidnapping Act 1961; (j)the Moneylenders Act 2008; (k)the Prevention of Corruption Act 1960; (l)the Terrorism (Suppression of Financing) Act 2002;“subsidiary” has the meaning given by section 5 of the Companies Act 1967;“suspicious transaction report” has the meaning given by section 28F(5). 2. For the purposes of this Schedule —

a property is connected to a relevant party if the relevant party is connected to the property in the manner set out in section 28F(4);

a reference to a prescribed financial institution that is a branch or office of a bank incorporated outside Singapore is a reference to such a branch or office located within Singapore;

where a prescribed financial institution is a branch or office of a bank incorporated outside Singapore —

a reference to the head office of a prescribed financial institution is a reference to the head office of the bank; and

a reference to a branch of a prescribed financial institution is a reference to a branch of the bank; and

expressions in this Schedule that are defined in section 28B have the same meaning as in that section.”.