(1) If the requirements of paragraphs (2) and (3) are met, the financial promotion restriction does not apply to an unsolicited real time communication which is made by an overseas communicator from outside the United Kingdom to a previously overseas customer of his.
(2) The requirements of this paragraph are that the terms on which previous transactions and services had been effected or provided by the overseas communicator to the previously overseas customer were such that the customer would reasonably expect, at the time that the unsolicited real time communication is made, to be contacted by the overseas communicator in relation to the investment activity to which the communication relates.
(3) The requirements of this paragraph are that the previously overseas customer has been informed by the overseas communicator on an earlier occasion -
(a) that the protections conferred by or under the Act will not apply to any unsolicited real time communication which is made by the overseas
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