CH194870 - Electronic sales suppression: penalty for making, supplying or promoting an electronic sales suppression tool: reductions for disclosure: prompted and unprompted disclosure: determining prompted or unprompted disclosure
Whether a disclosure is unprompted or prompted is an objective test. It is not what the person believed but what the particular facts and circumstances gave him reason to believe, taking into account the person’s circumstances and abilities.
A disclosure is unprompted if it is made at a time when the person making it has no reason to believe that we have discovered or are about to discover that the person is making supplying or promoting an electronic sales suppression tool.
A disclosure will be treated as unprompted even if at the time it is made the full extent of the disclosure is not known, as long as the full details are provided within a reasonable time.
A disclosure would be prompted if a person made the disclosure after
- they became aware that we had obtained information concerning making, supplying or promoting an electronic sales suppression tool; or
- we had contacted them about making, supplying or promoting an electronic sales suppression tool; or
- during the course of a compliance check, it becomes apparent that they have been making, supplying or promoting an electronic sales suppression tool
There can be no halfway house between unprompted and prompted. It is either one or the other.
All the facts will be considered before deciding if a disclosure is unprompted or prompted. A common sense approach will be applied.