
Proceeds of Crime
(Financial Intelligence) (Jersey) Regulations 2015
1 Interpretation
In these Regulations –
“FIU” means the body designated under Regulation 2
as the financial intelligence unit;
“principal Law” means the Proceeds of Crime (Jersey) Law 1999;
“relevant person” means –
(a) a
person carrying on a financial services business in or from within Jersey; or
(b) either –
(i) a Jersey body
corporate, or
(ii) other
legal person registered in Jersey,
carrying on a financial services business in any part of the world;
“suspicious activity report” has the same meaning as
given by Regulation 1(1) of the Proceeds of Crime and
Terrorism (Tipping Off – Exceptions) (Jersey) Regulations 2014.
2 Financial
Intelligence Unit: designation and general purpose
(1) The Joint Financial
Crimes Unit of the States of Jersey police force shall be the financial intelligence
unit (“FIU”) in Jersey and shall carry out the functions of such a
unit as defined by Article 41B(1) of the principal Law.
(2) In carrying out such
functions –
(a) the
FIU must have regard to its general purpose of combating money laundering and the
financing of terrorism;
(b) the
FIU must at all times act in accordance with the provisions of these
Regulations and of the principal Law; and
(c) in
any case where there is a conflict between those provisions and the provisions
of any other enactment, the provisions of these Regulations and of the
principal Law shall prevail.
3 Gathering
financial information
(1) This Regulation applies
where –
(a) the
FIU receives a report (including, but not limited to, a disclosure or
suspicious activity report in accordance with a provision of the principal Law,
the Terrorism (Jersey)
Law 2002, or any enactment made under those Laws) from a person listed
in paragraph (2) (a “reporter”); and
(b) the FIU
reasonably considers that, for the proper fulfilment of any of its functions,
it is necessary or expedient to seek additional information from any relevant
person (“T”) who is not the reporter but who –
(i) is mentioned in
or otherwise identifiable from the report, or
(ii) to
the reasonable knowledge or belief of the FIU, holds information that is
relevant to analysis of the report.
(2) The persons mentioned
in paragraph (1)(a) are –
(a) a
relevant person;
(b) the
Commission;
(c) a
financial intelligence unit outside Jersey,
(d) the
Comptroller of Taxes within the meaning of Article 6 of the Income Tax (Jersey) Law 1961 or any officer appointed
under Article 8 of that Law;
(e) a
police officer; and
(f) an
administrative or law enforcement agency (other than the States of Jersey
Police Force) concerned with combating money laundering and the financing of
terrorism.
(3) Where this Regulation
applies the FIU may make a request to T, in accordance with the criteria in
Regulation 4, for the provision of additional information.
(4) Upon receipt of a
request duly made, T must provide the additional information in such form and
by such date or within such reasonable period as the FIU may require.
4 Criteria
for making request
(1) A request is duly made
for the purposes of Regulation 3 if –
(a) it is
made reasonably;
(b) it
relates to information falling within a category described in paragraph (2);
(c) it
specifies the nature of the information sought;
(d) it
specifies a reasonable date by which, or period within which, the information
must be provided; and
(e) it is
made in writing.
(2) The categories of
information which may lawfully be sought are –
(a) information
which may be obtained as a result of the application of customer due diligence
measures, as defined in Article 3 of the Money Laundering (Jersey) Order 2008, by a relevant person;
(b) information
in relation to which record-keeping requirements under Part 4 of the Money Laundering (Jersey) Order 2008, or reporting and disclosure
requirements under Part 5 of that Order, are imposed on a relevant person;
(c) any
other information which is necessary to determine whether a person is a holder
or beneficial owner of one or more accounts of whatever nature;
(d) the
particulars of specified accounts, or of operations which have been carried out
during a specified period.
5 Offence
and penalty etc.
(1) A person failing to
comply with the obligation imposed by Regulation 3(4) is guilty of an
offence.
(2) It is a defence for a
person who is charged with an offence under sub-paragraph (1) to
prove –
(a) that
the information requested was not within the person’s possession; or
(b) that
it was not reasonably practicable for the person to comply with the request.
(3) A person guilty of an
offence under sub-paragraph (1) shall be liable to a fine or if the person
is a natural person, to imprisonment for a term not exceeding 2 years or a
fine or to both.
(4) Where an offence
committed by an entity listed in paragraph (5) is proved to have been
committed with the consent or connivance of any person specified in the case of
that entity in paragraph (6), the person shall also be guilty of the
offence and liable in the same manner as the entity to the penalty provided for
that offence.
(5) The entities mentioned
in paragraph (4) are –
(a) a
limited liability partnership;
(b) a
separate limited partnership;
(c) an
incorporated limited partnership or other body corporate.
(6) The persons to whom
liability for an offence may attach in accordance with paragraph (4)
are –
(a) in
the case of a limited liability partnership, a person who is a partner of the
partnership;
(b) in
the case of a separate limited partnership or an incorporated limited
partnership –
(i) a general
partner, or
(ii) a
limited partner who is participating in the management of the partnership;
(c) in
the case of a body corporate other than an incorporated limited partnership, a
director, manager, secretary or other similar officer of the body corporate; or
(d) any
person purporting to act in any capacity described in sub-paragraphs (a)
to (c).
(7) Where the affairs of a
body corporate are managed by its members, paragraphs (4) to (6) shall
apply in relation to acts and defaults of a member in connection with the
member’s functions of management as if the member were a director of the
body corporate.
(8) Information provided by
T under these Regulations shall not be admissible in evidence in criminal
proceedings against T or any of T’s employees, except in proceedings in
relation to an offence under this Regulation.
6 Citation
These Regulations may be cited as the Proceeds of Crime (Financial
Intelligence) (Jersey) Regulations 2015.