Article 19 - Confidentiality

(1) Subject to Article 20(5) (Information relating to requests from Overseas Regulators) the following Persons shall not disclose any Confidential Information received by them in the Exercise of their Functions otherwise than as permitted by Article 19(3) and (4):
(A) the Regulatory Authority, or any of its officers, employees, agents or contractors;
(B) any Nominated Person nominated or approved by the Regulatory Authority to undertake a report pursuant to Article 49;
(C) any external Investigator appointed by the Regulatory Authority pursuant to Article 50 (Appointment of Investigators) and 51 (Investigations of Companies);
(D) any Auditors and Actuaries referred in Part 15 (Appointment of Auditors and Actuaries)
(E) any Independent Person appointed to undertake a review under paragraph 23 of Schedule 1 (Review of Regulatory Authority) or deal with complaints against the Regulatory Authority in accordance with paragraph 25 of Schedule 1 (Complaints against the Regulatory Authority); nor
(F) Persons undertaking an Inquiry pursuant to paragraph 24 of Schedule 1 (Inquiry relating to the Financial System),
(2) The restriction on disclosure of Confidential Information referred to in Article 19(1) shall also apply to any Person (other than the Person to whom the duty of confidentiality is owed) coming into possession of such Confidential Information.
(3) Confidential Information may be disclosed by the Regulatory Authority or the Persons referred to in Article 19(1) and (2) in the following circumstances:
(A) with the consent of the Person to whom the duty of confidentiality is owed;
(B) where such disclosure is permitted or required by or pursuant to the QFC Law, these Regulations or any other Regulation conferring powers, duties or functions on the Regulatory Authority;
(C) in response to a legally enforceable demand;
(D) where the disclosure is made in good faith for the purposes of the performance or exercise by the Regulatory Authority of any of its functions, duties and powers under the QFC Law, this Regulation or any Related Regulations;
(E) (in the case of Persons other than the Regulatory Authority) to the Regulatory Authority;
(F) (in the case of a review or inquiry referred to in Article 19(1)(E) and (F) above), to the Council of Ministers;
(G) to the Tribunal or Appeals Body in connection with any matter falling within their jurisdiction;
(H) to any body, agency or authority Exercising Functions relating to the detection or prevention of money laundering or terrorist financing, whether inside or outside Qatar; or
(I) to any other civil or criminal enforcement agency or authority, whether in the State or internationally; or
(J) to Overseas Regulators in accordance with Article 20 (International Relations and Co-operation).
(4) In exercising the duties, functions and powers assigned or delegated to the Regulatory Authority as referred to in Schedule 2, paragraph 1, the Regulatory Authority (or any of the Persons referred to in Article 19.1 acting on behalf of the Regulatory Authority) shall be permitted to disclose to the Person assigning or delegating such duties, functions and powers only such Confidential Information as is obtained in the performance of the delegated duties, functions and powers, but not any Confidential Information obtained otherwise than in such capacity unless such disclosure is permitted in accordance with Article 19(3).
Amended by QFC Reg 2010-2 (as from 9th December 2010)