MIXED MESSAGES: IS THERE AN INCONSISTENCY AS TO THE EXTRA-TERRITORIAL AMBIT OF DISCLOSURE BETWEEN POCA AND TO THE SFO?

A posting from law chambers 6KBW on 17th October said that the High Court case of KBR Inc v the Director of the SFO  had ruled that requests for the production of documents could be made to foreign companies which have a “sufficient connection” to the UK contrasts with the attempt to extend beyond the UK the ambit of information notices under section 357 of the Proceeds of Crime Act 2002 in the Supreme Court case of Serious and Organised Crime Agency v Perry.  It details the decision in the former case, and then asks what about Perry?  It asks how the KBR decision sit with Perry, mentioning that the information notices were issued against persons outside and unconnected with this country, whereas the notices issued against KBR were issued against a company based here where the wider group was sufficiently connected with the UK; and that the legislation in the KBR case already had “some extraterritorial application”, which was not the case with POCA – although the post argues that it does not, on its face, assert any extraterritorial ambit, any more than section 357 of POCA did.  Examining possible ramifications of the latest decision, it says that the matter is not yet finished.

https://blog.6kbw.com/posts/mixed-messages-is-there-an-inconsistency-as-to-the-extra-territorial-ambit-of-disclosure-between-poca-and-the-sfo

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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