Jersey low risk directors - don’t forget there is still AML work to do.
05/09/2024
Following the news about The Proceeds of Crime (Low-Risk Financial Services Business) (Jersey) Order 2024 - made on September 3, 2024, and in force on September 10, 2024 - we found out that:-
- Low risk Directors, [but not for trust company business] do not need to apply Articles 7, 8, 9, 10, 11 and 11A of the Money Laundering (Jersey) Order 2008
Along with these exemptions If you are a Jersey Sole trader director, you can apply.
Also, a Jersey Sole trader directors, you should also consider what the JFSC rules say.
The JFSC says:-
- Governance =
- a sole trader, “the board” will be the sole trader.
- Training =
- In the case of a supervised person who is a sole trader, that person must be aware of the enactments in Jersey relating to money laundering, the financing of terrorism, or the financing of proliferation and the AML/CFT/CPF Codes of Practice.
- In the case of a supervised person who is a sole trader, that person must be able to recognise and be aware of their obligations surrounding:
- Transactions carried out by, or on behalf of, a person who is, or appears to be, engaged in money laundering, the financing of terrorism, or the financing of proliferation.
- Other conduct that indicates a person is, or appears to be, engaged in money laundering, the financing of terrorism, or the financing of proliferation.
- A supervised person who is a sole trader may demonstrate that they are aware of relevant enactments and are able to recognise and are aware of their obligations surrounding transactions and other conduct where they have received formal training or through self-study.
In addition other rules to consider and apply appropriately are found here
- Section 1 - Introduction - tracked changes 4 September 2023
- Section 2 – Corporate governance - tracked changes 4 September 2023
- Section 3 - Identification measures - overview - tracked changes 4 September 2023
- Section 4 - Identification measures - finding out identity and obtaining evidence - tracked changes 4 September 2023
- Section 5 – Identification measures – reliance on obliged persons- tracked changes 4 September 2023
- Section 6 – Ongoing monitoring - tracked changes 4 September 2023
- Section 7 – Enhanced and simplified CDD measures - tracked changes 4 September 2023
- Section 8 – Reporting money laundering and terrorist financing activity- tracked changes 4 September 2023
- Section 9 - Screening, awareness and training of employees - tracked changes 4 September 2023
- Section 10 - Record keeping - tracked changes 4 September 2023
The above outlines what is required in the Money Laundering (Jersey) Order 2008 as follows.
Source https://www.jerseylaw.je/laws/current/Pages/08.780.30.aspx
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