Money Laundering (Jersey) Order 2008: Amendment: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 March 2014:

Decision Reference: MD-C-2014-0033
Decision Summary Title :	Law Drafting Instructions for amendments to the Money Laundering (Jersey) Order 2008		Date of Decision Summary:	4 March 2014
Decision Summary Author:	Officer, Financial Services		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 :	WR - Further amendments to the Money Laundering (Jersey) Order 2008		Date of Written Report:	4 March 2014
Written Report Author:	Officer, Financial Services		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Law Drafting Instructions for amendments to the Money Laundering (Jersey) Order 2008 (the “Money Laundering Order” or “MLO”)
Decision(s): The Chief Minister approved that amendments should be drafted to the Money Laundering Order.
Reason(s) for Decision: In December 2013 Jersey was subject to a Progress Report by MONEYVAL, the body which monitors the Island for its compliance with International AML/CFT obligations. In that report a number of recommendations were made by the MONEYVAL secretariat which would require amendments to the Money Laundering Order. In early 2014 the Financial Crime Strategy Group, who advise on the Island’s AML/CFT regime, considered those amendments and consultation occurred with the relevant industry bodies. The Strategy Group concluded that it should be recommended to the Chief Minister that three specific amendments to the Money Laundering Order should be progressed to drafting.
Resource Implications: Law Drafting time will be required to draft these amendments to the MLO. There are no other resource implications for the States of Jersey as a result of this decision.
Action required: That Law Drafting Instructions for the amendments are forwarded to the Law Draftsman.
Signature: Senator I. J. Gorst		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):