Money Laundering (Amendment No.6) (Jersey) Order 2013

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 11 December 2013:

Decision Reference: MD-C-2013-0150
Decision Summary Title :	Draft Money Laundering (Amendment No.6) (Jersey) Order 2013		Date of Decision Summary:	6 December 2013
Decision Summary Author:	Officer, Finance Industry Development, Financial Services		Decision Summary: Public or Exempt? (If exempt, state clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Draft Money Laundering (Amendment No.6) (Jersey) Order 2013		Date of Written Report:	6 December 2013
Written Report Author:	Officer, Finance Industry Development, Financial Services		Written Report : Public or Exempt? (If exempt, state clauses from Code of Practice booklet)	Public
Subject: Making of the Draft Money Laundering (Amendment No.6) (Jersey) Order 2013
Decision(s): The Chief Minister made the Draft Money Laundering (Amendment No.6) (Jersey) Order 2013 (the “draft Order”).
Reason(s) for Decision: In 2009, the IMF published a report on Jersey’s compliance with the 40 + 9 Recommendations of the Financial Action Task Force (FATF). Whilst Jersey was assessed as “complying” or “largely complying” with 44 of the 49 Recommendations and 15 of the 16 “core” and “key” FATF Recommendations, a number of recommendations were made in the report about how Jersey’s framework for anti-money laundering and countering terrorist financing (“AML/CFT”) could be improved. The IMF recommendations fell into a number of categories, including those that would require an amendment to the Money Laundering (Jersey) Order 2008. The detailed changes made by the draft Order are set out in the written report attached. The Financial Crime Strategy Group has indicated to the Chief Minister the desirability of the draft Order being made prior to MONEYVAL’s plenary hearing in relation to Jersey on 12 December 2013.
Action required: That the Minister sign and seal the Order and it be returned to the States Greffe for immediate publication and a request to the Greffier of the States to arrange for its notification to the States.
Signature: Senator I.J. Gorst		Position: Chief Minister of Jersey
Date Signed:		Date of Decision (If different from Date Signed):