Jersey – JFCU - Latest guidance and FAQ’s on Consent
27/08/2021
The JFCU has issued its latest updated advice and guidance on Consent matters to assist in the preparation of reports to the FIU.
Consent regime – FAQ’s - Introduction
- This FAQ document (FAQs or Document)
- Is issued by the JFCU FIU (FIU) in an effort to provide further clarity in managing the consent process.
- Should be read in conjunction with guidance previously issued by the FIU dated 9 November 2020.
- Is provided for general information only and does constitute legal advice, nor is it a replacement for such. Independent legal advice should be sought as required and dependent on your relevant circumstances.
- May be revoked or amended at any time.
Assumptions
- In issuing the FAQs an assumption has been made that those directly concerned with its content will be familiar with:
- Part 3 of the Proceeds of Crime (Jersey) Law 1998, as amended (POCJL) – Money Laundering.
- Part 3 of the Terrorism (Jersey) Law 2002, as amended (TJL) – Offences relating to Terrorist
- The relevant AML/CFT Handbook(s) issued by the JFSC; and
- Any appropriate guidance issued by the JFSC.
The FAQs make reference primarily to consent requests made under POCJL; similar provisions are contained in the TJL.
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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.