Proceeds of Crime
(Duties of Non-Professional Trustees) (Jersey) Order 2016
1 Interpretation
In this Order “Money Laundering
Order” means the Money Laundering (Jersey) Order 2008.
2 Application
of this Order[1]
This Order applies to a
natural person –
(a) who
is acting as a trustee of an express trust (as defined by Article 1(1) of
the Financial
Services (Jersey) Law 1998); but
(b) whose
activity is not conducted as a business.
3 Provisions
of the Money Laundering Order applying
(1) The provisions of the Money
Laundering Order listed in paragraph (2) shall apply, with such
modifications as are specified in that paragraph, to a person to whom this
Order applies, and shall so apply as though references in those
provisions –
(a) to a
“relevant person”, included references to a person to whom this
Order applies;
(b) to a
“customer”, were references –
(i) to a settlor, and
to a protector, of a trust in relation to which a person to whom this Order
applies acts as trustee,
(ii) to
a person who, having regard to the risk of the person’s being involved in
money laundering, has a beneficial interest in the trust or is an object of a
power in relation to the trust, and
(iii) to a
person who otherwise exercises control over the trust;
and
(c) to
the Money Laundering Order or its purposes, were references to the provisions
of the Money Laundering Order as applied by this Order or to the purposes of
this Order, as the case may be.
(2) The provisions of the Money
Laundering Order mentioned in paragraph (1) are –
(a) in
Part 1 –
(i) (so far as
required for the interpretation of the other provisions of the Money Laundering
Order applied by this Order) Articles 1, 2, 3, and 4(1), and
(ii) Article 6;
(b) in
Part 3 –
(i) Article 13(1),
(4), and (6) to (12),
(ii) Article 14(1)
to (4), (5) and (7) (as though in each of those paragraphs, the words
“Subject to paragraph (6),” were omitted), and (8) to (12),
(iii) Articles 15,
15A and 15B,
(iv) Article 16
(as though references to “obliged person” were, despite the
definition of “obliged person” in Article 1(1) of that Order,
references only to a person carrying on equivalent business), except for
Article 16(7), and
(v) Article 18; and
(c) Part 4.[2]
4 Transitional
provision
Where, on the day on which this Order comes into force, any person
is acting, otherwise than by way of business, as trustee of an existing express
trust, that person shall complete the application of identification measures
under Article 3 of the Money Laundering Order, in relation to that
trust –
(a) as though for the
purposes of Article 13(1)(a) of the Money Laundering Order as applied by
this Order, any existing business relationship were one which had not yet been
established; and
(b) by no later than the
end of the period of 6 months beginning with that day.
5 Citation
This Order may be cited as
the Proceeds of Crime (Duties of Non-Professional Trustees) (Jersey)
Order 2016.