Jersey government FSIU's sanction guidance mentioned in the JFSC AML handbook
24/07/2023
Responsibility for sanctions in Jersey Minister for External Relations and Financial Services Who is Jersey's 'Competent Authority'?
The Financial Sanctions Implementation Unit (FSIU) coordinates the introduction of sanctions measures and assists the Minister in carrying out his duties as Competent Authority, including:
- Receiving sanctions compliance reports,
- Processing sanctions licence applications, and
- Publishing financial sanctions notices and guidance.
Jersey implements both UNSC sanctions and autonomous UK sanctions by implementing the relevant SAMLA Regulations through the Sanctions and Asset-Freezing (Jersey) Law 2019 ("SAFL") and the Sanctions and Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021 (the "External Sanctions Order").
The JFSC says in its AML handbook:-
- A supervised person is encouraged to refer to the FSIU's guidance in terms of the supervised person's unfreezing procedure.
o Track change = https://www.jerseyfsc.org/media/6822/handbook-section-6-tracked-changes.pdf
o PG 148 = https://www.jerseyfsc.org/media/6832/handbook.pdf
FSIU SAFL Article 37A Procedures
Under Article 37A of SAFL, the Minister is required to publish procedures for the performance of the Minister functions under Articles 43A, 45A, and 45B: the procedure published are as follows.
- Article 43A requests assistance with a UN de-listing
- gov.je/SiteCollectionDocuments/Industry and finance/Procedure Requests for help with a UN de-listing.pdf
- Article 45A request to or from another country for terrorism designation
- gov.je/SiteCollectionDocuments/Industry and finance/Procedure Request to-from another country for terrorism designation.pdf
- Article 45B request to UN for terrorism designation
- gov.je/SiteCollectionDocuments/Industry and finance/Procedure Request to UN for terrorism designation.pdf
- MoU between FCDO and FSIU: Listing and De-listing from UN and UK Sanctions Measures
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.