Law library · Sierra Leone · THE BANK OF SIERRA LEONE ACT 2019
Section 18, THE BANK OF SIERRA LEONE ACT 2019
Status not yet checkedTHE BANK OF SIERRA LEONE ACT 2019, Sierra Leone
(1) A director, agent, member of committee or staff of the Bank shall not, except when necessary for the fulfillment of any function
or duty under this Act -
(a) permit access to;
(b) disclose or publicise;
(c) use or allow to be used for personal gain,
non-public information obtained in the performance of his duties.
(2) Notwithstanding subsection (1), a director, agent,
member of commitee or staff of the Bank may disclose information
outside the Bank, in accordance with procedures established by the
Bank, but only if it is-
(a) with the express consent of the person about
whom the information relates;
(b) for the fulfillment of a duty to disclose as
required by law, including to assist law
enforcement or on the order of a court;
(c) given to the external auditor of the Bank;
(d) given to regulatory and supervisory
authorities or to public international financial
institutions, in the performance of their
official duties; or
(e) in the interest of the Bank itself in legal
proceedings that require disclosure.
(3) The Board shall determine the classification and
accessibility of documents held by or drawn up by the Bank.
(4) A person who contravenes subsection (1) commits
an offence and is liable on conviction to a fine not less than one
hundred million Leones, or to a term of imprisonment not less than
three years.
(5) Members of the Board and staff shall avoid any
situation which is likely to give rise to a conflict of interest.
(6) A conflict of interest arises where members of the
Board or staff have private or personal interests, which may influence
or appear to influence the impartial and objective performance of
their duties.
(7) For the purpose of sub section (6) private or personal
interests of members of the Board or staff mean any potential
advantage for themselves, their familes, their other relatives up to the
second degree or their friends or acquaintances.
(8) No member of the Board and staff shall receive or
accept from any source any benefit, reward, remuneration or gifts in
excess of a customary on negligible amount, whether financial or
otherwise, which are connected in any way whatsoever with their
activities within the bank.
(9) A breach of this section by a member of the Board
and any staff shall notwithstanding the value given or received,
constitute a serious breach and may at the discretion of the Governor
constitute grounds for disciplinary measures including dismisal
without compensation.
(10) Members of the Board and staff shall not use
confidential information to which the have access, for the purpose of
carrying out private financial transactions, whether directly or
indirectly through third parties or whether conducted at their own
risk and for their account, or at the risk and for tha account of a third
party.
(11) Each member of the Board shall before the last day of
January of each year, disclosed to the Minister in full, significant
financial interest which that member or any person with whom the
member has family, business, of financial connections may directly
or indirectly possess and the disclosures shall comply with the
internal rules adopted by the Board.
(12) Whenever a matter related to that interest is before
the Board, the member concerned shall disclose his interest without
undue delay and at the latest at the begining of the discussion and
shall not participate in the discussion and decision on the matter, but
the members present shall be counted for the purpose of constituting
a quorum .
12 13
Salaries fees.
etc.
confidentiality,
conflict of
interest and
fiduciary duty.
(`13) Members of the Board and staff have a fiduciary
duty to the bank and to the Bank’s customers to place the Bank and
its customers’ interests before their own pecuniary interest.
(14) The Board may make internal rules to implement the
requirements of this section.
PART IV-FINANCIAL STATEMENTS, REPORTS AND AUDIT
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