Part 5: Miscellaneous Chapter 3: Miscellaneous Section 326: Disclosing information overseas 243C – Overseas disclosures for designated cooperation arrangement purposes
Section 243C provides a gateway for overseas disclosures by a UK public authority for the purposes of facilitating the terms of a "designated cooperation arrangement". A UK authority may enter into an agreement or non-legally binding arrangements with an overseas counterpart setting out how they intend to cooperate in relation to, for example, information sharing or coordinating their activities in connection with investigations. Section 243C confers a power on the Secretary of State to designate such arrangements and sets out the factors that they must have regard to or must satisfy themselves of before doing so.
	Subsection (1) allows specified information to be shared with an overseas public authority for a purpose permitted by a designated cooperation arrangement. This information sharing gateway does not specify, for example, the precise purposes for which specified information may or may not be shared or dictate appropriate safeguards. This is because this detail will be provided for in individual cooperation agreements or arrangements with the process of designation by the Secretary of State providing assurance that information will only be shared where appropriate and subject to relevant safeguards.
	A designated cooperation arrangement is defined in subsection (2) as an arrangement or agreement, which meets all of Conditions A to D that are set out in subsections (3) to (6):
Condition A is that the arrangement is between either the UK and another country or territory, or directly between the UK and the overseas authority,
Condition B is that the arrangement relates to cooperation between either the UK and the overseas country or territory; or between the UK and the overseas authority in connection with the enforcement functions mentioned in section 243A(1)(b),
Condition C is that the arrangement provides for reciprocal assistance to be given for those purposes, and
Condition D is that the arrangement is designated by the Secretary of State by regulations (subject to the negative resolution procedure as set out in subsection (10)).
	Subsection (7) provides that before designating a cooperation arrangement, the Secretary of State must have regard to whether it contains provision restricting or preventing (a) the use of information disclosed under the arrangement for a purpose other than the one for which it was disclosed and (b) its further disclosure to another person for any reason.
	In addition, under subsection (8), the Secretary of State cannot designate an agreement or arrangement unless they are satisfied that there will be appropriate protection against self-incrimination in criminal proceedings and in relation to the storage and disclosure of confidential information (as defined in new section 246A of the Enterprise Act 2002 inserted by section 326, subsection (5)). Subsection (9) states that protection in relation to self-incrimination and the storage and disclosure of information will be adequate if it corresponds, or is substantially similar, to that provided for in any part of the United Kingdom.