S5 Schedule 5: Confidentiality undertaking (Section 20)

CONFIDENTIALITY UNDERTAKING For purposes of this Undertaking, “confidential information” means any data or information, which is in the custody of the FIU, or which forms part of any of its databases, archives and knowledge sets. It relates to, and is intended to protect information that is not generally known to the public, whether in tangible or intangible form, in whatever medium provided, whether unmodified or modified by the FIU or its staff, whenever and however disclosed. Each officer employed at the FIU shall sign and be bound by the following undertaking:
I, ……………………………………………… agree to retain information received from reporting entities, supervisory authorities and other parties pertaining to suspicious activity reports, and the conduct of any persons bearing responsibilities in terms of this Act, in confidence and not to use the information and other material for any purpose other than in accordance with the terms of the Anti-Money Laundering and Countering the Financing of Terrorism Act, regulations made thereunder, and related laws. In particular, I undertake (in addition and without prejudice to any other commitments made in terms of my contract of employment), that:
1. I shall not disclose the information and other material to any third party except with the prior written consent of the Director or, in his or her absence the Deputy Director or other duly appointed representative acting in his or her place;
2. I shall not copy or otherwise reproduce or duplicate the information and other material in whole or in part where such copying, reproduction or duplication have not been specifically authorised by the Director or, in his or her absence the Deputy Director or other duly appointed representative acting in his or her place. I acknowledge that this undertaking of non-disclosure and non-use is effective in every country in the world. I pledge to take all reasonable measures to protect the secrecy of and avoid disclosure or improper use of the information or other material, to prevent it from falling into the public domain, and to protect it from falling into the possession of third parties. Such measures include the highest degree of care that I use in respect of my own confidential information.
(Signature) Name of Designation of the person signing the undertaking
(Amended by Act 7 of 2021) __________