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AI Summary of 33AK. Disclosure of information.
Applies to specified current and former Central Bank persons (Governor, former Governors, former Directors and members, Commission members, Heads of Function, Registrar of Credit Unions, officers, employees, consultants, auditors, agents and those previously covered). Such persons must not disclose confidential information about any person’s business or matters arising from Bank functions where the Rome Treaty, the ESCB Statute or supervisory EU legal acts prohibit disclosure. Directors of supervised entities must inform the Bank of disclosures to authorities within 30 days (or longer if allowed) and must not give false or misleading information. The Bank shall report information suggesting criminal offences or contraventions of specified Acts to enforcement bodies, subject to limited exceptions.
The Bank may disclose confidential information in enumerated circumstances: for criminal proceedings, with consent, to foreign competent authorities, EU institutions, approved exchanges and professional bodies, auditors, insolvency officers, Ministers, supervisory, macroprudential, resolution and other listed bodies, and deposit guarantee schemes, provided recipients observe professional secrecy and supervisory EU legal acts. Separate provisions govern disclosures under the Payment Services Directive and electronic money rules; specified breaches attract fines or imprisonment. Key terms and the list of supervisory EU legal acts are defined.
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33AK. Disclosure of information.
(1) This subsection applies to the following persons:
(a) the Governor and every former Governor;
(b) every former Director of the Central Bank and Financial Services Authority of Ireland;
(c) every former member of the Irish Financial Services Regulatory Authority;
(d) every member and every former member of the Commission;
(e) every Head of Function and every former Head of Function;
(f) the Registrar of Credit Unions and every former Registrar of Credit Unions;
(g) every other officer or employee and every other former officer or employee of the Bank;
(h) every person who is or was formerly employed as a consultant, auditor or in any other capacity by the Bank or is or was an agent engaged by the Bank;
(i) every person to whom this subsection (as in force immediately before the amendment of this section by the Central Bank Reform Act 2010) applied immediately before that coming into operation.