JFIU Consent Regime FAQs

Overview of the Consent Regime FAQs (as of January 2026)

1. This FAQ document, issued by Jersey's Financial Intelligence Unit (FIU), is found on the JFSC website [link is found below]

This FAQ

1. Provides general guidance on the consent process under Jersey's anti-money laundering (AML) and counter-terrorist financing (CFT) laws, primarily the Proceeds of Crime (Jersey) Law 1999 (POCJL) and related legislation.
2. It is not legal advice and assumes familiarity with key laws like POCJL Part 3, Terrorism (Jersey) Law 2002, AML/CFT Handbooks, and the Money Laundering (Jersey) Order 2008.
3. The FAQs focus on consent requests under Article 32(4) of POCJL, which offers a defence against offences related to dealing with criminal property if conditions are met.

Key Topics Covered in FAQs

1. Legal Basis (Q1): Explains Article 32(4) POCJL, where consent from the FIU protects against offences under Articles 30/31 (dealing/concealing criminal property). References interconnected articles like 29 (criminal property), 34A/34D (failure to disclose), and 35 (tipping off).
2. Submission Process (Q2): Consent requests must use the PolSAR Portal (via SAR or Continuation Report). For Schedule 2 businesses, please email/phone if the portal is inaccessible. Please respond within two working days.
3. FIU Responses (Q3): Common outcomes include "Consent Provided" (based on current info, doesn't mandate action or cover other offences), "Consent Not Provided" (no rationale required), "Inadequate Information" (requests more details), or "Not a Valid Request" (insufficient to engage Articles 30/31).
4. Repeat/Additional Consents (Q4-Q5): Seek new consent for changes, significant transactions, or lapsed time. Please clarify the transaction types. Bundling similar ones (e.g., recurring payments) is acceptable, but not diverse ones.
5. Client Management & Tipping Off (Q6, Q9): Continue client interactions without disclosing SAR/investigation; seek "release from tipping off" separately under 2014 Regulations if needed. Releases depend on case specifics; no fixed timeline.
6. UK-Jersey Interactions (Q7): UK FIU consent is relevant but not sufficient; separate Jersey consent advised due to differing regimes.
7. Response Timelines (Q8): Acknowledgement within two working days; full decision may take longer based on complexity, enquiries, or details provided.
8. Allayed Suspicions (Q10): Submit Continuation Report explaining why suspicions are resolved.
9. New Suspicions (Q11): Requires a new SAR before consent.
10. Unrelated Accounts (Q12): No consent needed if Jersey assets aren't suspected criminal property, but reporting obligations persist.

Additional Guidance

• PolSAR Portal Usage: Explicit consent requests required; implied ones (e.g., "unless you object") are invalid—FIU won't consent by silence.
• General Advice: Emphasises seeking independent legal advice; FIU decisions are case-specific and may evolve.

This FAQ clarifies processes for financial institutions, promoting compliance and effective management of client relationships.

For full details, please see the attached PDF. https://services.jersey.police.uk/PolSAR/assets/doc/consentregimefaqs.pdf