How does Jersey tackle bribery and corruption?
09/10/2023
How does Jersey tackle bribery and corruption?
- Jersey has its Corruption (Jersey) Law 2006 and a Global Anti-Corruption Sanction.
Explanation
The UK sanction regime that deals with bribery and corruption is the Global Anti-Corruption Sanctions Regulations 2021, which put in place sanctions measures to prevent and combat serious corruption.
- SEE RECENT UPDATE - UK sanctions 22 individuals linked to corruption Published 26 April 2021 https://www.bbc.co.uk/news/uk-56895332
These regulations have replaced the Misappropriation (Sanctions) (EU Exit) Regulations 2020 concerning the misappropriation of state funds from any country outside the UK.
Jersey has adopted the Global Anti-Corruption Sanctions Regulations 2021 through its:-
- Sanctions and Asset-Freezing (Jersey) Law 2019 (SAFL),
- The Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the Order [SAFO]),
This means.
- That any changes to asset-freeze designations made under the UK Regulations are effective immediately in Jersey.
- The Order also imposes travel restrictions and other prohibitions on designated persons who are involved in serious corruption.
- Failure to comply with Jersey sanctions legislation is a criminal offence and penalties include prison terms and fines.
Jersey also has its own domestic legislation to combat bribery and corruption, such as the Corruption (Jersey) Law 2006,
- Which applies to any person in Jersey or any person elsewhere who is a British citizen, a British overseas territories citizen, a British National (Overseas), a British Overseas citizen, a British subject, a British protected person or a British dependent territories citizen and is ordinarily resident in Jersey.
- The penalties for violating the Corruption Law are severe, ranging from up to 10 years imprisonment and a fine.
Therefore, Jersey has a robust legal framework to prevent and combat serious corruption, both at the domestic and international levels. However, it is important to note that the UK’s Bribery Act 2010, which is one of the most stringent anti-bribery laws in the world, may also have extra-territorial effect on Jersey businesses and their trading relationships and supply chains. Therefore, Jersey businesses should be aware of the UK’s Bribery Act 2010 and ensure that they have adequate policies and procedures in place to prevent and detect any bribery or corruption risks.
SOURCES
- https://www.gov.je/gazette/pages/financialsanctionsnoticeglobalanti-corruption12august2021.aspx
- https://www.jerseyfsc.org/industry/international-co-operation/sanctions/sanctions-by-country-and-category/sanctions-uk-global-anti-corruption/
- https://www.gov.je/gazette/pages/financialsanctionsnoticeglobalanticorruption23may2022.aspx
- https://www.allenovery.com/en-gb/global/news-and-insights/publications/the-uks-global-anti-corruption-sanctions-regime-2021
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