Proceeds of Crime (Financial
Intelligence) (Jersey) Regulations 2015
Made 10th March 2015
Coming into force 11th
THE STATES, in pursuance of Articles 41B and 42A of the Proceeds of Crime
(Jersey) Law 1999, have made the following
In these Regulations –
“FIU” means the body
designated under Regulation 2 as the financial intelligence unit;
“principal Law” means the Proceeds of Crime (Jersey)
“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
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
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
Regulation applies where –
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
(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,
(ii) to the reasonable knowledge or belief of the FIU, holds information
that is relevant to analysis of the report.
persons mentioned in paragraph (1)(a) are –
(a) a relevant person;
(b) the Commission;
(c) a financial intelligence unit outside Jersey,
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
administrative or law enforcement agency (other than the States of Jersey
Police Force) concerned with combating money laundering and the financing of
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.
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
4 Criteria for making request
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.
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;
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
(d) the particulars of specified accounts, or of operations
which have been carried out during a specified period.
5 Offence and penalty etc.
person failing to comply with the obligation imposed by Regulation 3(4) is
guilty of an offence.
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.
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.
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.
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.
persons to whom liability for an offence may attach in accordance with paragraph (4)
(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 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).
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.
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 Amendment of the Money Laundering (Jersey) Order 2008
(1) In Article 1(1)
of the Money Laundering (Jersey) Order 2008 (“MLO”), after
the definition “FATF Recommendations” there shall be inserted the
following definition –
“ ‘Financial Intelligence Unit’ has the meaning given by the Proceeds of
Crime (Financial Intelligence) (Jersey) Regulations 2015;”.
(2) In Article 19(4)
of the MLO, for the words “Commission, police officer or customs
officer” there shall be substituted the words “Commission, the
Financial Intelligence Unit, a police officer or customs officer”.
(3) In Article 21(2)
of the MLO, for the words “to a designated police officer or designated
customs officer” there shall be substituted the words “to the
Financial Intelligence Unit, a designated police officer or a designated
Article 23 of the MLO –
(a) in paragraphs (1), (2), (5A) and (5B), for the words
“to a designated police officer or designated customs officer”
there shall be substituted the words “to the Financial Intelligence Unit,
a designated police officer or a designated customs officer”;
(b) in paragraph (5), for sub-paragraphs (a) and (b)
there shall be substituted the following sub-paragraphs –
“(a) the Financial Intelligence
(b) a designated police
officer or designated customs officer; and
(c) in paragraph (5E), for sub-paragraph (b) there
shall be substituted the following sub-paragraphs –
Financial Intelligence Unit; and
(c) a designated police
officer or designated customs officer.”.
7 Citation and commencement
These Regulations may be cited as the Proceeds of Crime (Financial
Intelligence) (Jersey) Regulations 2015 and shall come into force on the
day after the day on which they are adopted.
m.n. de la haye, o.b.e.
Greffier of the States