Proposed new Proceeds of Crime (Supervisory Bodies) (Jersey) Law 200-.

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A decision made (15/02/2008) regarding: Proposed new Proceeds of Crime (Supervisory Bodies) (Jersey) Law 200-.

Decision Reference: MD-E-2008-0030
Decision Summary Title :	Proposed new Proceeds of Crime (Supervisory Bodies) (Jersey) Law 200-		Date of Decision Summary:	14 February 2008
Decision Summary Author:	James Mews Finance Industry Development Executive		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Proposed new Proceeds of Crime (Supervisory Bodies) (Jersey) Law 200-		Date of Written Report:	13 February 2008
Written Report Author:	James Mews Finance Industry Development Executive		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Approval of the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 200-.
Decision(s): The Minister approved the report and proposition entitled, ‘Draft Proceeds of Crime (Supervisory Bodies) (Jersey) Law 200- and signed the associated declaration of compatibility with the European Convention on Human Rights. He further agreed that the draft Law should be lodged ‘au Greffe’ on or before 19th February 2008, in order that a provisional date for debate of 1 April 2008 might be secured.
Reason(s) for Decision: The Law is necessary to comply with the recommendations of the Financial Action Task Force in relation to measures necessary to counter money laundering and the financing of terrorism. The proposed Law is recommended by the Island’s Anti-money Launder/Countering the Financing of Terrorism Strategy Group. The proposed Law has been through a consultation process and the comments of respondents have been adopted as appropriate. The Law Officers’ Department has indicated that the Law does not raise any human rights issues and that all tariffs for new offences created are commensurate with similar offences.
Resource Implications: The Law will have no implications for the financial or manpower resources of the States (on the presumption that no States department will be designated as a supervisory body). It has been agreed that the first year of oversight by the JFSC (on the assumption that the JFSC will be designated as the supervisory body for all persons under the Law) will be funded from the Criminal Offences Confiscation Fund. This is because until persons are required to register under the Law, the number of persons affected by the Law, and hence the appropriate fee level, cannot be accurately assessed. For year 2 onwards, the intention is that the funding of the oversight work of the JFSC under the Law will be covered by the generality of fee income raised by the JFSC (including fees levied under the Law).
Action required: To approve the Law and the report attached to it, sign the Decision Summary, and the declaration of compatibility with the European Convention on Human Rights and for the Finance Industry Development Executive take such steps as are necessary to lodge the Amendment and Regulations au Greffe so as to enable the States to debate the Law on 1 April 2008.
Signature: Senator T.A.Le Sueur on behalf of the Minister for Economic Development		Position: Acting Minister
Date Signed:		Date of Decision (If different from Date Signed):