Consultation on non-profit organisations' risk of financial crime

About the consultation

​As part of Jersey's efforts to combat financial crime, the law is being amended. From 2023, all non-profit organisations will need to be registered with the JFSC and those which may be vulnerable to exploitation by criminals will need to provide further information on the scope of the work they do.

This follows a national risk assessment of the non-profit organisations.

This consultation seeks your views on the proposed amendments to the Draft Non-Profit Organisations (Prescribed NPOs - Additional Obligations) (Jersey) Order 202- which:

• provide a definition for prescribed NPO
• set out 5 additional obligations which prescribed NPOs will have to follow
  

A prescribed NPO

Under the proposals, a non-profit organisation will be defined as a prescribed NPO if, during the preceding 12 months, it has either:

• raised more than £1,000 from outside Jersey, Guernsey, the Isle of Man, Scotland, England and Wales
• disbursed more than £1,000 outside those jurisdictions

Additional obligations

If an NPO has met the definition of a prescribed NPO, they'll be obliged to:

• prepare and provide a financial statement to the Jersey Financial Services Commission once a year
• have appropriate accounting systems and controls in place to ensure that its funds are fully accounted
• keep and retain records that are sufficient to identify:
• any person who owns the NPO or controls or directs the NPO’s activities, including (as appropriate) senior officers, board members, directors and trustees
• any other person who exercises, or has the right to exercise, significant influence or control over the activities of the NPO
• keep records of donors who during the preceding 12 months, have donated, as a single donation or cumulatively, either:
• more than £10,000
• more than 50% of total donations made to the prescribed NPO during that period
• must take reasonable steps to:
• identify its associate NPOs and beneficiaries
• obtain information about
• the activities of each associate NPO and beneficiary
• the nature and purpose of its relationship with each associate NPO and beneficiary
• confirm, so far as possible, that its associate NPOs and beneficiaries are not assisting or being used to assist terrorism or the financing of terrorism
  

Draft Non-Profit Organisations (Prescribed NPOs - Additional Obligations) (Jersey) Order 202-

Consultation on the Draft Non-Profit Organisations Order

Public meeting dates

​Monday 7 November 2022

Briefing on the changes by the Association of Jersey Charities event at St Paul's Centre from 12pm to 1.30pm.

Register for the Association of Jersey Charities event on Eventbrite

How to submit comments to the consultation

Questions

In your response, answer the following questions:

1. Are you responding on behalf of an NPO which meets the proposed definition of “Prescribed NPO”?
2. If you answered yes to question 1, has anybody else from the same NPO submitted feedback to this consultation or is anybody else from the same NPO intending to submit feedback?
3. Provide details of the specific comments or concerns you have in respect of the draft NPO Order. Refer to the relevant articles in your response.
4. Are you happy for somebody from Government to contact you to discuss the concerns you have raised? If so, provide the relevant details of your preferred method of contact.
5. Provide any general comments regarding the Draft NPO Order.
6. Do you give permission for your comments to be quoted?
7. If you answered yes to question 6, do you give permission for your comments to be attributed to you or the NPO you are representing? If so, provide your name and the name of NPO you would like the comments to be attributed to.

You can submit your response: