Jersey to introduce Corporate criminal offences for failing to prevent money laundering and terrorist financing
31/01/2022
The Government of Jersey proposes the introduction of a failure-to-prevent money laundering and terrorist financing offence into the Proceeds of Crime (Jersey) Law 1999 as a corporate criminal offence.
This new offence is considered necessary to increase Jersey's overall effectiveness of the AML enforcement in line with the FATF Methodology.
The offence would address some issues around the Identification Doctrine and thus enable a more effective attribution of criminal liability to legal entities.
This would enhance the overall effectiveness and dissuasiveness of the sanctions available to the Royal Court.
However, because the requirements to prevent money laundering and terrorist financing already exist for the AML-regulated sector, this increase in effectiveness can be achieved without extending existing requirements or introducing any new requirements for the industry.
Furthermore, due to Jersey's exposure to the layering stage of money laundering, the introduction of the offence is considered beneficial to enable prosecutions consistent with the country's threats and risk profile.
Consultation on amendments under the Proceeds of Crime (Jersey) Law 1999
- Consultation here - https://www.gov.je/SiteCollectionDocuments/Crime%20and%20justice/C%20Consultation%20on%20amendments%20under%20the%20Proceeds%20of%20Crime%20(Jersey)%20Law%201999.pdf
- https://www.gov.je/Government/Consultations/Pages/AmendmentsUnderProceedsCrime.aspx
The Team
Meet the team of industry experts behind Comsure
Find out moreLatest News
Keep up to date with the very latest news from Comsure
Find out moreGallery
View our latest imagery from our news and work
Find out moreContact
Think we can help you and your business? Chat to us today
Get In TouchNews Disclaimer
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.
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.