14 September 2009
A joint statement from the Jersey Financial Services Commission and the States of Jersey. Jersey has been praised for the regulation and supervision of its financial sector and for its money laundering and terrorist financing defences. A report published today (14 September 2009) by the
International Monetary Fund (IMF) concludes that financial sector regulation and supervision are of a “high standard” and “comply well” with international standards.*
The
Financial System Stability Assessment Update (FSSA) says Jersey has put in place a “comprehensive and robust” framework for countering money laundering and terrorist financing (“AML/CFT”) and has achieved a “high level of compliance” with almost all aspects of the Financial Action Task Force’s 40+9 Recommendations.
The report also says that financial soundness indicators for banks are satisfactory and that Jersey’s banking system is resilient to a range of shocks.
The detailed assessment reports that form the basis for most of the FSSA show compliance ratings for each of the international standards against which the Island has been assessed. The reports show that Jersey complies or largely complies with:
- All of the Basel Committee’s Core Principles for Effective Banking Supervision.
- 24 of the 27 Insurance Core Principles that it has been assessed against.
- 44 of the 49 FATF Recommendations, and 15 of the 16 “core” and “key” FATF Recommendations (Singapore and the United States comply, or largely comply, with 43 of the FATF Recommendations and Belgium with 42).
These ratings place Jersey in the “top division” of international finance centres, including those in the
G20 and
European Union. Where it is possible to make comparisons to other jurisdictions, Jersey’s ratings put it at the top of compliance tables.
While compliance with the
International Organisation of Securities Commissions’ (“IOSCO”) Objectives and Principles of Securities Regulation was not assessed, the FSSA says it is evident that the regulation of investment business, particularly funds business, has been “significantly strengthened” since the last IMF report in 2003. The FSSA also says the trust and company services business sector enjoys a “comprehensive” regulatory and supervisory framework.
The FSSA highlights two particular areas that are specific to Jersey’s business model and where further enhancements could be considered.
- Reference is made to the common business practice of “up-streaming”, where Jersey banks take deposits from customers (in Jersey and elsewhere) and then place these funds with group entities (mostly in the United Kingdom and other Member States of the European Union) – providing liquidity to the group. The report says that, in the event that the health of the group deteriorates, the exposure of Jersey banks would require careful management.
- Mention is made of the reliance that may be placed by Jersey businesses on third parties (in Jersey and elsewhere) to have carried out customer due diligence measures for AML/CFT purposes. The IMF encourages the insular authorities to review the use of this concession, which is described as “overly generous”.
The FSSA also makes a number of recommendations, identified as “high” or “medium” priority. The authorities will develop an action plan to deal with these recommendations. The plan will be published and the authorities will report annually on progress.
Despite the very positive assessment, the insular authorities accept there is no room for complacency. In particular, the FSSA says the
Jersey Financial Services Commission will be “challenged” to react to changes in supervisory standards coming out of the global financial turmoil and implement them “proportionately to the risks on the island”.
In a joint statement, the Chief Minister,
Senator Terry Le Sueur, and Commission Chairman,
Colin Powell, CBE, said of the report:
“This is an excellent outcome and we attach tremendous importance to the IMF’s assessment. We are delighted that it has yet again demonstrated Jersey’s high degree of compliance with international standards. The FSSA and other reports will provide a strong base from which to continue discussions with our European neighbours about recognising the equivalence of what we have in place in Jersey.
“Jersey remains committed to maintaining and enhancing its adherence to international standards and welcomes the recommendations made within the FSSA. These recommendations will assist Jersey in further strengthening its regulatory, supervisory and AML/CFT arrangements and in developing its capacity to deal with financial sector shocks.
“The assessment reinforces Jersey’s position as a member of the community of nations that adhere to international standards in prudential, tax and AML/CFT areas.”
Background information:* The International Standards referred to are the
Basel Committee’s Core Principles for Effective Banking Supervision and the
International Association of Insurance Supervisors’ Insurance Core Principles (the “Insurance Core Principles”).
1. The IMF’s assessment of Jersey, carried out at the invitation of Jersey’s Chief Minister, is part of a worldwide programme of country assessments carried out under the IMF’s
Financial Sector Assessment Programme (the “FSAP”).
2. The findings of Jersey’s previous IMF assessment were published in late 2003. The overall conclusion of the report was that Jersey complied well with the international standards that applied at that time. That assessment was carried out under the IMF’s
Offshore Financial Centre Programme (“OFC Programme”) which has since been integrated into the FSAP.
3. The FSAP has included detailed assessments on observance of the Basel Committee Core Principles for Effective Banking Supervision, the Insurance Core Principles, and the FATF Recommendations.
4. The integration of the OFC programme into the FSAP has widened the scope of the assessment to include stability-related issues and the report also considers matters relating to the soundness of Jersey’s financial system and its ability to cope with stress.
5. Compliance with the IOSCO Objectives and Principles of Securities Regulation was not assessed as part of the FSAP Update. However, the report concludes that the Commission has substantially implemented the recommendations of the 2003 report. That report concluded that Jersey achieved a high standard of compliance with the IOSCO Principles, and Jersey was assessed as complying or largely complying with 21 of the 23 standards that it was assessed against.
6. Ratings for compliance with the FATF Recommendations are now published by most jurisdictions. Ratings for compliance with the Basel Committee Core Principles for Effective Banking Supervision and Insurance Core Principles are not routinely published.
7. Jersey complies, or largely complies, with 44 of the 49 FATF Recommendations. Singapore and the United States score 43 and Belgium 42. The insular authorities are not aware of any other jurisdiction that has been assessed as compliant, or largely compliant, with 40 or more of the FATF Recommendations.
8. In the case of “core” and “key” recommendations, Jersey complies or largely complies with 15 of the 16 FATF Recommendations (along with six other jurisdictions). No jurisdiction has been assessed as complying or largely complying with all 16 of the recommendations.
9. Under the methodologies that are used to assess compliance with standards, “largely compliant” (“largely observed” in the case of the Insurance Core Principles) means:
a. Basel Committee Core Principles for Effective Banking Supervision – “only minor shortcomings are observed which do not raise any concerns about the authority’s ability and clear intent to achieve full compliance with the Principle within a prescribed period of time”;
b. Insurance Core Principles – “only minor shortcomings exist which do not raise any concerns about the authority’s ability to achieve full observance with the criterion”; and
c. FATF Recommendations – “there are only minor shortcomings, with a large majority of the essential criteria being fully met”.
10. An assessment of the Isle of Man was carried out under the FSAP in September 2009. The Isle of Man’s FSSA is due to be published shortly. Guernsey is to be assessed in 2010.
11. Jersey has been rated as “not observed” with just one of the standards against which it has been assessed – Insurance Core Principle 26. This is because the Jersey Financial Services Commission does not require insurance companies to disclose certain information to stakeholders. Whilst the Commission accepts the recommendation that is made by the IMF to develop disclosure requirements, it must be understood within the context of the very limited nature of the Jersey insurance market. The recommendation is not listed by the IMF as “high” or “medium” priority.
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