Proceeds
of Crime (Financial Intelligence) (Amendment) (Jersey) Regulations 2022
Made 31st March 2022
Coming into
force in accordance with Regulation 12
Part 1
Proceeds of crime (financial intelligence)
(Jersey) regulations 2015 amended
1 Proceeds of Crime (Financial Intelligence) (Jersey) Regulations 2015 amended
This Part amends the Proceeds of Crime (Financial Intelligence)
(Jersey) Regulations 2015.
2 New Part 1 heading inserted
Before Regulation 1 there
is inserted –
3 Regulation 1 (interpretation) amended
In Regulation 1
(interpretation) –
(a) before the definition
“FIU” there is inserted –
“ “financial crime” means –
(a) money
laundering;
(b) the
financing of terrorism; and
(c) offences
related to money laundering or the financing of terrorism;”;
(b) after the definition
“FIU” there is inserted –
“ “Jersey competent authority”
means any person (other than the FIU) that –
(a) exercises functions of a
public nature in Jersey; and
(b) is concerned with the
prevention, investigation, detection or prosecution of financial crime;
“overseas competent authority”
means an authority outside Jersey that has equivalent functions to those of a
Jersey competent authority;”;
(c) after the definition
“suspicious activity report” there is inserted –
4 Regulation 2 (Financial Intelligence Unit: designation and
general purpose) substituted
For Regulation 2 (Financial
Intelligence Unit: designation and general purpose) there is substituted –
“Part
2
financial
intelligence unit
2 Designation of the FIU
(1) The
Jersey Financial Intelligence Unit is designated as the financial intelligence
unit (“FIU”) in Jersey.
(2) The FIU must be operationally independent and autonomous in
the exercise of its functions.
(3) The
FIU must have the authority and capacity to exercise its functions freely,
including the ability to take autonomous decisions to analyse, gather and
disseminate specific information independently of a Jersey competent authority,
a financial intelligence unit outside Jersey or an overseas competent authority.
(4) An
employee or member of the FIU must not be directed or supervised in the
discharge of their duties as an employee or member by the Chief Executive
Officer, the States Employment Board, a Minister or a person acting on behalf
of the Officer, Board or Minister.
(1) The
functions of the FIU are to –
(2) The
analysis function consists primarily of –
(a) an
operational analysis which –
(i) focuses on individual cases and specific
targets, or on particular information, and
(ii) seeks to identify links
between those cases and targets and possible financial crime; and
(b) a
strategic analysis addressing financial crime trends and patterns.
(3) For
the purpose of exercising its functions, the FIU may make arrangements, or
enter into agreements, with –
(a) a
Jersey competent authority;
(b) a
financial intelligence unit outside Jersey;
(c) an
overseas competent authority; or
(d) any
other person that the FIU considers appropriate.
2B Protection of information
(1) The
FIU must have rules in place governing the security and confidentiality of
information, including procedures for access to, and the handling, storage,
dissemination and protection of, information.
(2) The
FIU must ensure that its facilities, information and information technology
systems are not able to be accessed by any person who is not authorised to do
so.
2C Appointment and functions
of the Director of the FIU
2D FIU governance board:
establishment and membership
(1) There
is established an FIU governance board.
(2) The
members of the FIU governance board are appointed by the Minister.
(3) The
Minister must appoint to the FIU governance board –
(a) at
least one representative from a Jersey competent authority; and
(b) at
least one representative from a government department.
(4) The
FIU governance board must have an odd number of members not less than 5.
2E FIU governance board:
functions
The FIU governance board is
responsible for –
(a) determining
the general policy and principles by reference to which the FIU is to exercise
its functions;
(b) setting
the strategic direction of the FIU;
(c) supervising
and keeping under review the FIU’s performance of its functions;
(d) considering
the annual budget submitted by the Director of the FIU and recommending the
FIU’s annual resourcing requirements to the Minister;
(e) keeping
under review whether the FIU, in exercising its functions, is using its resources
in an efficient and economic manner; and
(f) preparing
and providing reports on the FIU’s performance to the Minister.”.
5 New Part 3 heading
inserted
Before Regulation 3 there is inserted –
“Part
3
gathering
financial information”.
6 Regulation 3 (gathering financial information) amended
In Regulation 3
(gathering financial information), in paragraph (2)(f) for “combating money
laundering and the financing of terrorism” there is substituted “the prevention,
investigation, detection or prosecution of financial crime”.
7 New Part 4 heading inserted
Before Regulation 6
there is inserted –
8 New Schedule 1 inserted
After Regulation 6 there
is inserted –
“Schedule 1
Director of the FIU
(Regulation 2C)
1 General functions
(1) The
Director of the FIU is responsible for ensuring that the FIU exercises its
functions –
(a) effectively;
(b) in a way that takes
account of, and is proportionate to, the risks to Jersey from financial crime;
and
(c) in accordance with the International
Standards on Combating Money Laundering and the Financing of Terrorism and
Proliferation as published from time to time by the international body known as
the Financial Action Task Force and the principles and guidance issued by the
Egmont Group of Financial Intelligence Units.
(2) The
Director of the FIU must ensure that the employees and members of the FIU –
(a) maintain high
professional standards, including standards concerning confidentiality;
(b) are of high integrity and
appropriately skilled and trained; and
(c) have the appropriate
security clearance levels for handling and disseminating sensitive and
confidential information.
The Director of the FIU must provide annually to the FIU governance
board –
(a) a report on the
activities and effectiveness of the FIU in the preceding year and on any other
matters relevant to the exercise of the functions of the FIU that the Director
of the FIU considers appropriate; and
(b) a financial statement
setting out details of the expenditure of the FIU in the preceding year.
(1) The
Director of the FIU must –
(a) prepare an annual budget
for the FIU; and
(b) submit the annual budget
to the FIU governance board in the year preceding that to which the budget
relates.
(2) The
annual budget does not preclude the Director of the FIU from making a request
to the FIU governance board or an appropriate third party for resources in
addition to those in the budget if the Director of the FIU considers it
necessary.
(1) The
Director of the FIU may not be required to do anything in the course of
employment in that role that would fall outside the functions set out in this
Schedule.
(2) The
financial, technical, human and other resources of the FIU may not be used,
deployed or otherwise drawn upon by a person outside the FIU.
(3) However,
this does not prevent the Director of the FIU, or an employee or member of the
FIU with the consent of the Director of the FIU, from working with, or being
seconded to, another domestic authority or international organisation.
5 Delegation of
functions
(1) The
Director of the FIU may arrange for any of the functions set out in this
Schedule to be exercised by an employee or member of the FIU on behalf of the Director
of the FIU.
(2) A
function exercised by an employee or member under this paragraph is for all
purposes exercised by the Director of the FIU and every decision taken or other
thing done by an employee or member under this paragraph has the same effect as
if taken or done by the Director of the FIU.”.
Part 2
Consequential
amendments to other enactments, citation and commencement
9 Proceeds of Crime (Jersey)
Law 1999 amended
(1) This
Regulation amends the Proceeds of
Crime (Jersey) Law 1999.
(2) In Article 1 (interpretation), in paragraph (1) –
(a) after the definition
“financial services business” there is inserted –
“ “FIU” means the body for the time being
designated by Regulations made under Article 41B as the financial
intelligence unit for Jersey;”;
(b) the definitions
“designated customs officer” and “designated police officer” are deleted.
(3) In
Article 32 (protection for disclosures, and defence of intended disclosure) –
(a) in paragraph (1) for
“a police officer” there is substituted “the FIU”;
(b) in paragraph (4)(a) for
“a police officer” there is substituted “the FIU”;
(c) in paragraph (5) –
(i) for “a police
officer” there is substituted “the FIU”,
(ii) for “the police officer”
there is substituted “the FIU”;
(d) in paragraph (7)(a) for
“a police officer” there is substituted “the FIU”.
(4) In
Article 33 (restrictions on further disclosure), in paragraph (1) –
(a) in sub-paragraph (a) –
(i) for “a police officer” there is substituted
“the FIU”;
(ii) for “or 34A” there is substituted
“, 34A or 34D”;
(b) sub-paragraph (b) is
deleted;
(c) for “that officer”, in both
places it appears, there is substituted “the FIU”.
(5) In
Article 34 (further disclosure permitted for certain purposes) –
(a) in paragraph (1) –
(i) after sub-paragraph (b)(iii) there is
inserted –
(ii) sub-paragraph (b)(iv)
is deleted;
(b) in paragraph (2) there
is deleted “Where the Attorney General has consented to disclosure of
information and has not withdrawn that consent,”;
(c) paragraphs (3) to
(5) are deleted.
(6) In
Article 34A (failure to disclose knowledge or suspicion of money
laundering) –
(a) in paragraph (1B)(a)
for “a police officer” there is substituted “the FIU”;
(b) in paragraph (3) for
“a police officer” there is substituted “the FIU”.
(7) In
Article 34D (failure in a financial institution to report to designated
police officer, designated customs officer or nominated officer) –
(a) in the heading for “designated
police officer, designated customs officer” there is substituted “the FIU”;
(b) in paragraph (4A) for
“a designated police officer, a designated customs officer” there is substituted
“the FIU”;
(c) in paragraph (9) for
“a designated police officer, designated customs officer or” there is substituted
“the FIU or a”.
(8) Article 34E
is deleted.
(9) In
Article 37 (procedures to prevent and detect money laundering), in
paragraph 2(b), for “a police officer” there is substituted “the FIU”.
10 Terrorism (Jersey) Law 2002 amended
(1) This
Regulation amends the Terrorism
(Jersey) Law 2002.
(2) In
Article 1 (interpretation), in paragraph (1) –
(a) after the definition
“firearm” there is inserted –
“ “FIU” means the body
for the time being designated by Regulations made under Article 41B of the
Proceeds of
Crime (Jersey) Law 1999 as the financial intelligence unit for
Jersey;”;
(b) the definitions
“designated customs officer” and “designated police officer” are deleted.
(3) In
Article 18 (offences under Articles 15, 16 and 16A: co-operation with
police) –
(a) in the heading, before
“police” there is inserted “the FIU or”;
(b) in paragraph (4)(b) for
“an officer of the Force or a customs officer” there is substituted “the FIU”;
(c) in paragraph (5)(a) for “an officer of the Force or customs officer” there is substituted
“the FIU”;
(d) in paragraph (7)(b) for
“an officer of the Force or customs officer” there is substituted “the FIU”.
(4) In
Article 19 (general duty of disclosure of information), in paragraph (4)(a)
for “an officer of the Force or a customs officer” there is substituted “the
FIU”.
(5) In
Article 20 (disclosure of information: immunity), in paragraph (1)(a)
for “an officer of the Force or a customs officer” there is substituted “the
FIU”.
(6) In
Article 21 (failure to disclose: financial institutions), in paragraph (4A)(a)
for “a designated police officer, a designated customs officer” there is substituted
“the FIU”.
(7) In
Article 22 (protected disclosures), in paragraph (4) for “a designated
police officer, designated customs officer or” there is substituted “the FIU or
a”.
(8) In
Article 23 (restrictions on disclosure), in paragraph (1) –
(a) for “an officer of the
Force or customs officer” there is substituted “the FIU”;
(b) for “that officer” there
is substituted “the FIU”;
(c) for “the officer” there
is substituted “the FIU”.
(9) In
Article 24 (disclosure for purposes within Jersey), in paragraph (2) –
(a) after sub-paragraph (b),
there is inserted –
(b) sub-paragraph (d) is
deleted.
(10) In
Article 25 (disclosure for purposes outside Jersey), paragraphs (1)(a) and
(2) to (4) are deleted.
(11) Article
26 is deleted.
(12) In
Article 34 (information about acts of terrorism), in paragraph (3) after
“made to” there is inserted “the FIU or”.
11 Money Laundering (Jersey) Order
2008
amended
(1) This
Regulation amends the Money
Laundering (Jersey) Order 2008.
(2) In
Article 1 (interpretation), in paragraph (1) –
(a) in the definition
“Financial Intelligence Unit”, after “given” there is inserted “to FIU”;
(b) the definitions
“designated customs officer” and “designated police officer” are deleted.
(3) Article 6
(designated police and customs officers) is deleted.
(4) In
Article 14 (termination where customer due diligence measures are not completed) –
(a) in paragraph (6) –
(i) in sub-paragraph (c) for “a
designated police officer or a designated customs officer” there is substituted
“the Financial Intelligence Unit”,
(ii) in sub-paragraph (d)
for “that officer” there is substituted “the Financial Intelligence Unit”;
(b) in paragraph (11) –
(i) for “a designated police officer or
designated customs officer” there is substituted “the Financial Intelligence Unit”,
(ii) for “that officer” there
is substituted “the Financial Intelligence Unit”.
(5) In
Article 21 (reporting procedures and related disclosure requirements) –
(a) in paragraph (1) –
(i) in sub-paragraph (h) for “a
designated police officer or designated customs officer” there is substituted “the
Financial Intelligence Unit”,
(ii) in sub-paragraph (ha) –
(A) for “designated police
officer or designated customs officer” there is substituted “Financial
Intelligence Unit”,
(B) for
“that officer”, in both places it appears, there is substituted “the Financial
Intelligence Unit”;
(b) in paragraph (2), there is deleted “a designated police officer or a
designated customs officer”;
(c) in paragraph (4) –
(i) for “designated police officer or
designated customs officer” there is substituted “Financial Intelligence Unit”,
(ii) for “that officer”, in
both places it appears, there is substituted “the Financial Intelligence Unit”.
(6) In
Article 23 (duty to report evidence of money laundering) –
(a) in paragraph (1) there
is deleted “a designated police officer or a designated customs officer”;
(b) in paragraph (2) there
is deleted “a designated police officer or a designated customs officer”;
(c) in paragraph (5),
sub-paragraph (b) is deleted;
(d) in paragraph (5A) there
is deleted “a designated police officer or a designated customs officer”;
(e) in paragraph (5B) there
is deleted “a designated police officer or a designated customs officer”;
(f) in paragraph (5E),
sub-paragraph (c) is deleted.
12 Citation and commencement
These Regulations may be
cited as the Proceeds of Crime (Financial Intelligence) (Amendment) (Jersey)
Regulations 2022 and come into force on such day or days as the States may by Act
appoint.