Powers to Obtain Information
MIE-2.3.11
Power of Authority to order Production of Records, or Documents or Books
Without prejudice to rule MIE-2.3.1 and for the purpose of an
investigation under this Module, the CBB may in writing, require anyperson at a specified time and place to provide information or produce records, or documents, or books relating to any matter underinvestigation , and suchperson shall comply with that requirement.MIE-2.3.12
Application for Warrant to Seize Records, or Documents, or Books Not Produced
(a) Where the CBB has reasonable grounds to suspect that there is, on any particular premises, any record, or document, or book the production of which has been required under rule MIE-2.3.11, and:(i) Which has not been produced in compliance with that requirement; or(ii) Which the CBB has reasonable grounds to believe will not be produced in compliance with that requirement,the CBB may apply to a court for the issue of a warrant authorising the CBB to search the premises for such record, or document, or book, with or without compelling force:(iii) To enter and search the premises and to break open and search anything, whether a fixture or not, in the premises; and(iv) To take possession of or secure against interference, any record, or document, or book that appears to be a record, or document, or book, the production of which was so required.(b) The powers conferred under paragraph (a) are in addition and not in derogation of any other powers conferred by any other written law or rule of law.(c) In this Module, "premises" includes any structure, building, aircraft, vehicle or vessel.MIE-2.3.13
Powers Where Records, or Documents, or Books are Produced or Seized
(a) This rule shall apply where:(i) Records, or documents, or books are produced to the CBB under a requirement made under rule MIE-2.3.11;(ii) Under a warrant issued under rule MIE-2.3.12, the CBB or aperson named therein:• Takes possession of records, or documents, or books; or• Secures records, or documents, or books against interference; or(iii) Under a previous application of rule MIE-2.3.13 (f) of this section, records, or documents, or books are delivered into the possession of the CBB or aperson authorised by it.(b) If paragraph (a) (i) applies, the CBB may take possession of any of the records, or documents, or books.(c) The CBB or, where applicable, aperson referred to in paragraph (a) (ii) may:• Examine, and may make copies of or take extracts from, any of the records, or documents, or books;• Use or permit the use of any of the records, or documents, or books for the purposes of any proceedings; and• Retain possession of any of the records, or documents, or books for so long as is necessary.(i) For the purposes of exercising a power conferred by this rule (other than paragraph (e));(ii) For a decision to be made about whether or not any proceedings to which the records, or documents, or books concerned would be relevant should be instituted; or(iii) For such proceedings to be instituted and carried on.(d) Noperson shall be entitled as against the CBB or, where applicable, aperson referred to in paragraph (a) (ii) to claim a lien on any of the records, or documents, or books, but such a lien is not otherwise prejudiced.(e) While the records, or documents, or books are in the possession of the CBB or where applicable, theperson referred to in paragraph (a) (ii) the CBB orperson :(i) Shall permit anotherperson to inspect at all reasonable times such of the records, or documents, or books (if any) as the second-mentionedperson would be entitled to inspect if they were not in possession of the CBB or the first-mentionedperson; and(ii) May permit any otherperson to inspect any of the records, or documents, or books.(f) Unless paragraph (a) (ii) applies, aperson referred to in paragraph (a) (ii) may deliver any of the records, or documents, or books into the possession of the CBB or of aperson authorised by the CBB to receive them.(g) Where paragraphs (a) (i) or (ii) applies, the CBB, aperson referred to in paragraph (a) (ii), or aperson into whose possession the records, or documents, or books are delivered under paragraph (f) may require:(i) If paragraph (a) (i) applies, aperson who so produced any of the records, or documents, or books; or(ii) In any other case, aperson who was a party to the compilation of any of the records, or documents, or books, to explain to the best of his knowledge and belief any matter about the compilation of any of the records, or documents, or books, or to which any of the records, or documents, or books relate.MIE-2.3.14
Powers where Records, or Documents, or Books are not Produced
Where a
person fails to comply with a requirement imposed by the CBB under rule MIE-2.3.11 to produce any record, or document, or book, the CBB may require theperson to state to the best of his knowledge and belief:(a) The place where such record, or document, or book may be found; and(b) Theperson who last had possession, custody or control of such record, or document, or book and the place where thatperson may be found.MIE-2.3.15
Copies of or Extracts from Records, or Documents, or Books to be Admitted in Evidence
(a) Subject to this rule, a copy of or extract from a record, or document, or book referred to in this rule that is proved to be a true copy of the record, or document, or book, or of the relevant part of the record, or document, or book is admissible in evidence as if it were the original record, or document, or book or the relevant part of the original record, or document, or book.(b) For the purposes of paragraph (a), evidence that a copy of or extract from a record, or document, or book is a true copy of the record, or document, or book, or of a part of the record, or document, or book, may be given by aperson who has compared the copy or extract with the record, or document, or book, or the relevant part of the original record, or document, or book and may be given orally or by an affidavit sworn, or by a declaration made before aperson authorised to take affidavits or statutory declarations.MIE-2.3.16
Offences
(a) Aperson who refuses or fails to comply with any requirement imposed under rules MIE-2.3.11, MIE-2.3.13 (g), or MIE-2.3.14 may be guilty of an offence punishable under Articles 163 and/or 170 of the CBB Law.(b) Aperson who in purported compliance with a requirement under this rule, furnishes information or makes a statement that is false or misleading in a material particular may be guilty of an offence punishable under Articles 163 and/or 170 of the CBB Law.(c) It may be a defence to the prosecution for an offence under paragraph (b) if the defendant proves that he believed on reasonable grounds that the information or statement was true and not misleading.(d) Anyperson who conceals, destroys, mutilates or alters any record, or document, or book relating to a matter that the CBB is investigating or about to investigate under this Module, or who, where such a record, or document, or book is within the territory of the Kingdom of Bahrain, takes or sends the record, or document, or book out of Bahrain, may be guilty of an offence punishable under Articles 163 and/or 170 of the CBB Law.(e) Aperson who, obstructs or hinders the CBB in the exercise of any power under this rule, or obstructs or hinders aperson who is executing a warrant issued under rule MIE-2.3.12, may be guilty of an offence punishable under Articles 163 and/or 170 of the CBB Law.(f) The occupier or theperson in charge of the premises that aperson enters under a warrant issued under rule MIE-2.3.12 who fails to provide to thatperson all reasonable facilities and assistance for the effective exercise of his powers under the warrant may be guilty of an offence punishable under Articles 163 and/or 170 of the CBB Law.