Entire section
115. Costs of an Investigation
117. Use and effect of information and documents obtained for an Investigation

116. Powers to Obtain Information and Documents for Investigation

(1) If the AFSA considers that a Person is or may be able to give information or produce a document which is or may be relevant to an investigation, it may:

  • (a) enter the business premises of such Person during normal business hours for the purpose of inspecting and copying information or documents stored in any form on such premises;
  • (b) require such Person, by written notice, to

(i) give, or procure the giving of, specified information in such form as it may reasonably require; or

(ii) produce, or procure the production of, specified documents; or

(iii) to attend before an officer, or Employee of the AFSA at a specified time and place to answer questions in private (compulsory interview); or

(iv) give it assistance in relation to the investigation.

(2) Where the AFSA exercises its power under section 116(1)(a) to enter business premises, it may:

  • (a) require any appropriate Person to make available any relevant information stored at those premises for inspection or copying;
  • (b) require any appropriate Person to convert any relevant information into a form capable of being copied; and
  • (c) use the facilities of the occupier of the premises, free of charge, to make copies.

(3) Where the AFSA exercises its power under section 116(1)(b)(iii) to conduct a compulsory interview, it may give a direction:

  • (a) concerning who may be present;
  • (b) preventing any Person present during any part of the compulsory interview from disclosing to any other Person any information provided to the interviewee or questions asked by the interviewer during the compulsory interview;
  • (c) concerning the conduct of any Person present, including as to the manner in which they will participate in the interview;
  • (d) requiring the interviewee to swear an oath or give an affirmation that the answers of the interviewee will be true; and
  • (e) requiring the interviewee to answer any questions relevant to the investigation.

(4) The AFSA may require the relevant Person to give such information or produce such documents by the end of a reasonable period, at a place and in a form specified in the notice.

(5) The AFSA may exercise its powers under subsection (1) in respect of any Person within, or outside of, the AIFC provided that, if the Person is outside the AIFC and is not an Authorised Person, Ancillary Service Provider or Approved Individual, or Director of an Authorised Person or Ancillary Service Provider the AFSA must either:

  • (a) use any arrangements it has with a regulatory authority in the jurisdiction in which the Person is resident or domiciled, or the premises are located, to assist it to exercise the power; or
  • (b) apply to the AIFC Court for an order compelling the Person to provide the information, produce or procure the production of the documents, or answer questions, or permitting the AFSA to enter the premises of that Person.