TNAG-0929-FCO40-1147-Protection-of-Trading-Interests-Bill-extension-to-Dependent--1980 — Page 113

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Protection of Trading Interests

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(b) if compliance with the requirement would be prejudicial to the security of the United Kingdom or to the rela- tions of the government of the United Kingdom with the government of any other country.

(3) A requirement such as is mentioned in subsection (1)(a) above is also inadmissible-

(a) if it is made otherwise than for the purposes of civil or criminal proceedings which have been instituted in the overseas country; or

(b) if it is made wholly or mainly for the purpose of obtain- ing discovery of documents in any such proceedings.

(4) Directions under subsection (1) above may be either general or special and may prohibit compliance with any requirement either absolutely or in such cases or subject to such conditions as 15 to consent or otherwise as may be specified in the directions; and general directions under that subsection shall be published in such manner as appears to the Secretary of State to be appro- priate.

(5) For the purposes of this section the making of a request 20 or demand shall be treated as the imposition of a requirement if it is made in circumstances in which a requirement to the same effect could be or could have been imposed; and any request or demand for the supply of a document or information which, pursuant to the requirement of any court, tribunal or 25 authority of an overseas country, is addressed to a person in the United Kingdom shall be treated as a requirement to produce or furnish that document or information to that court, tribunal or authority.

(6) In this section "commercial document ” and “ commercial 30 information " mean respectively a document or information relat- ing to a business of any description and "document" includes any record or device by means of which material is recorded or stored.

3.-(1) Subject to subsection (2) below, any person who Offences 35 without reasonable excuse fails to comply with any requirement under ss. 1 imposed under subsection (2) of section 1 above or knowingly and 2. contravenes any directions given under subsection (3) of that section or section 2(1) above shall be guilty of an offence and liable-

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(a) on conviction on indictment, to a fine ;

(b) on summary conviction, to a fine not exceeding the

statutory maximum.