Proceeds of Crime
and Terrorism (Tipping Off – Exceptions) (Jersey)
Regulations 2014
1 Interpretation
(1) In these
Regulations –
“1978 Law” means the Misuse of Drugs (Jersey)
Law 1978;
“1999 Law” means the Proceeds of Crime (Jersey)
Law 1999;
“2002 Law” means the Terrorism (Jersey)
Law 2002;
“D”, in relation to a disclosure in any specified case,
means the person making the disclosure;
“document” includes a copy of a document and an
electronic communication;
“JFCU” means the Joint Financial Crimes Unit of the
States of Jersey Police Force;
“MLRO” means –
(a) a
reporting officer; or
(b) a
designated person,
as each is defined by Article 1(1) of the Money Laundering (Jersey)
Order 2008;
“protected disclosure” means a disclosure which, by
virtue of Regulation 2, does not amount to the commission of an offence;
“R”, in relation to a disclosure in any specified case,
means the person to whom the disclosure is made;
“relevant person” has the meaning given by Article 1(1)
of the Money Laundering (Jersey)
Order 2008;
“suspicious activity report” means a report in writing
made pursuant to any of Articles 32(1), 34A(3) or 34D(9) of
the 1999 Law or 18(2), 18(3), 19(3) or 21(4) of
the 2002 Law.
(2) Article 10 of the Interpretation (Jersey)
Law 1954 applies in relation to these Regulations so that a word or
expression used in these Regulations which also occurs in
the 1978 Law, the 1999 Law or the 2002 Law shall
be construed as having the same meaning in these Regulations as it is given by
the Law in which it occurs.
(3) Reference in these
Regulations –
(a) to an
employee of a person includes –
(i) where the person
is a body corporate, reference to an officer or a person who is a general
partner of that body,
(ii) where
that person is a partnership or limited liability partnership, a person who is
a partner in that partnership,
(iii) where
that person is a limited partnership or separate limited partnership, a person
who is a general partner in that partnership, and
(iv) where
that person is a limited liability company, a manager of that limited liability
company as defined in Article 1(1) of the Limited Liability Companies
(Jersey) Law 2018;
(b) to one
person being in the same financial group as another person shall be construed
in accordance with Article 16A(2) of the Money Laundering (Jersey)
Order 2008.[1]
(4) R includes an employee
of R in any of the following provisions, namely –
(a) Regulation 4;
(b) paragraphs (2)
(in the first place where R is mentioned) and (4) of Regulation 5; and
(c) paragraphs (1)(b)
and (c) and (2) of Regulation 6.
2 Protected
disclosures: general
(1) Subject to paragraphs (2)
and (3), a disclosure which would amount to the commission of an offence under
any the following provisions, namely Article 19B(1) of the 1978 Law,
Article 35(2)(a) and (4)(a) of the 1999 Law or Article 35(2)(a)
and (4)(a) of the 2002 Law (as the case may be), shall not amount to
the commission of such an offence –
(a) if it
is made in good faith for the purpose of preventing or detecting money
laundering, and –
(i) it falls within
any of the cases specified in Regulations 3 to 7, or
(ii) it
is otherwise made to a person who is D’s MLRO;
(b) if
and to the extent that it is required to be made by any enactment or by the law
of another jurisdiction; nor
(c) if
and to the extent that the JFCU has given, to the person making the disclosure,
permission in writing for the disclosure to be made.
(2) A disclosure is not a
protected disclosure if it is or involves any disclosure, other than one
permitted by paragraph (1)(a)(ii) or (1)(b) of this Regulation or Regulation 3,
of a suspicious activity report or a document which is a copy of such a report.
(3) A disclosure to which
either of Articles 4 or 5 would otherwise apply is not a protected
disclosure if, being made by a person other than the original reporter, it
reveals the original reporter’s identity.
(4) In paragraph (3),
“original reporter” refers to an individual who has duly made a
disclosure falling within any of the following provisions, namely –
(a) Articles 32(1)
or (5), 34A(3), or 34D(9) of the 1999 Law; or
(b) Articles 18(2)
or (3), 19(3) or (10), or 21(4) of the 2002 Law.
3 Internal
disclosures
(1) Subject to paragraph (2),
a disclosure made by an employee of a person (“D”) to another
employee of the same person (“R”) is a protected disclosure.
(2) A disclosure of the
kind described in paragraph (1) which is or involves a suspicious activity
report, or a document which is a copy of such a report, is protected only if it
is made to a person within Jersey.
(3) Where a further
disclosure is made by R in accordance with these Regulations of a disclosure
which is protected by virtue of paragraph (1), that further disclosure is
also protected if and to the extent that it does not disclose D’s
identity.
(4) In paragraph (3),
a “further disclosure” refers to a disclosure made otherwise than
between employees of the same person.
4 Disclosures
within a financial group
(1) A disclosure made by a
person who is –
(a) carrying
on a financial services business or otherwise carrying on a trade, profession,
business or employment (“D1”); or
(b) an
employee of such a person (“D2”),
is a protected disclosure if and to the extent that it is made to
another person (“R”) within the same financial group as D1 or with
whom D1 shares common ownership, management or compliance control.
(2) Where a further
disclosure is made by R in accordance with these Regulations of a disclosure
which is protected by virtue of paragraph (1), that further disclosure is
protected if and to the extent that it does not disclose the identity of D2.
5 Disclosures
between relevant persons
(1) A disclosure made by a
person who is –
(a) a
relevant person (“D1”); or
(b) an
employee of such a person (“D2”),
is a protected disclosure if it is made in accordance with the
requirements in paragraph (2).
(2) The requirements
mentioned in paragraph (1) are that the disclosure is made to another
relevant person (“R”), and –
(a) relates
to a person who is a customer of both D1 and R; or
(b) relates
to a transaction, or the provision of a service, involving both D1 and R.
(3) For the purposes of paragraph (2)
“customer”, in relation to D1, includes a former customer.
(4) Where a further
disclosure is made by R in accordance with these Regulations of a disclosure
which is protected by virtue of paragraph (1), that further disclosure is
also protected if and to the extent that it does not disclose –
(a) the
identity of D1 and (as the case may be) D2; and
(b) if
applicable, the identity of D1’s MLRO.
6 Disclosures
to supervisory etc. bodies
(1) A disclosure is a
protected disclosure if it is made by any person (“D”) to any of
the following (“R”) –
(a) an
officer of the Impôts, a police officer or any member of the JFCU;
(b) the
Jersey Financial Services Commission; or
(c) a
supervisory body other than the Jersey Financial Services Commission and
designated as such by an order made under Article 6 of the Proceeds of Crime
(Supervisory Bodies) (Jersey) Law 2008.
(2) Where a further
disclosure is made by R in accordance with these Regulations of a disclosure
which is protected by virtue of paragraph (1), that further disclosure is
also protected if and to the extent that it does not disclose D’s
identity.
(3) In paragraph (2),
a “further disclosure” refers to a disclosure made to a person
other than any of those listed in paragraph (1)(a) to (c).
7 Disclosures
by MLROs
A further disclosure by R, being an MLRO, of a disclosure which is
protected by virtue of these Regulations is a protected disclosure if and to
the extent that it is made –
(a) to any employee of
D’s employer other than D; or
(b) to any employee of R’s
employer other than R, for the purpose of carrying out R’s functions in
the capacity of MLRO.
8 Citation
These Regulations may be cited as the Proceeds of Crime and
Terrorism (Tipping Off – Exceptions) (Jersey) Regulations 2014.