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Proceeds of Crime (Jersey) Amendment Regulations 2025 - made 25 June 2022, coming into force 2 July 2025

26/06/2025

Please be aware that the States of Jersey has amended the Proceeds of Crime (Jersey) Law 1999 under Article 47(1)(b) of the Sanctions and Asset-Freezing (Jersey) Law 2019  

The Draft Proceeds of Crime (Jersey) Amendment Regulations 202- [P.39/2025] (hereafter referred to as the “draft Regulations”)

  1. Was lodged au Greffe on 13th May 2025 by the Minister for External Relations (the Minister) and is scheduled for debate at the States’ sitting commencing on 24th June  2025.
  2. The Economic and International Affairs Scrutiny Panel (hereafter referred to as “the Panel”) has formed these comments to aid in the Assembly’s considerations, having received further information following written correspondence with the Minister.
    1. https://statesassembly.je/getattachment/bf3862c7-9b2f-472a-85a3-c78d0471411d/Letter-Proceeds-of-Crime-Law-09-June-2025.pdf?lang=en-GB&ext=.pdf
  3. The Panel was contacted by the relevant Government Officer on 8th May 2025 outlining that the draft  Regulations, if made, will amend Article 34 of the Proceeds of Crime (Jersey) Law 1999 (hereafter referred to as the 1999 Law), to expressly allow for the Financial Intelligence Unit (hereafter referred to as the FIU) to disclose information received about suspected criminal conduct to the Minister, for the purposes of the exercise of the Minister’s functions under the Sanctions and Asset-Freezing (Jersey) Law 2019. 
  4. As outlined, in the accompanying report to the draft Regulations, this amendment to the 1999 Law is required following the inadvertent removal of the power for the FIU to disclose the information to the Minister.  
  5. The Minister has confirmed that the removal of the power for the FIU to disclose the information to the Minister was unintentionally introduced through the Proceeds of Crime (Financial Intelligence (Amendment) (Jersey) Regulations 2022 adopted by the Assembly on 31st March 2022; being commenced through Act on 25th July 2023.
  6. These Regulations, amongst other points, removed provisions relating to the involvement of the Attorney General in authorisation of disclosure of relevant information from the FUI, and it had been this authorisation that had allowed provision of information by the FUI to the Minister. 
  7. The Minister outlines that the change had been made to ensure that the independence and autonomy required of the FIU was not impeded, and that there was never an intention to prevent the Minister from being authorised to obtain the information 
  8. The Panel also requested confirmation as to whether any further amendments are expected to be required and it has been confirmed that no further unintended implications have been highlighted to the Minister.  Conclusion The Panel, noting the inadvertent nature of the removal for data sharing between the FUI and the Minister, and the necessity for this information sharing to take place for the purposes of fulfilling the Minister’s functions, is in agreement with the draft Regulations.

SOURCES

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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.  

news 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.