Government of Jersey

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A decision made (10/04/06) regarding Proceeds of Crime - International Co-operation.

Subject:	Proceeds of Crime – International Co-operation
Decision Reference:		Exempt clause(s):		n/a
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		JS/2/10/04/06
Written Report – Title	Proceeds of Crime – International Co-operation	Written report - author		Jane Strecker
Decision(s): The Minister approves that the Islamic Republic of Pakistan is included as a designated territory under the Proceeds of Crime (Jersey) Law, 1999. In addition, the Minister agrees with the recommendation to change the current legislation in the medium term to adopt the approach of the United Kingdom.
Reason(s) for decision It is appropriate that the Jersey Authorities assist in external investigations relating to the Proceeds of Crime (Jersey) Law, 1999, received from the Islamic Republic of Pakistan. In the medium term the legislation should be amended so that no particular country or territory is refused assistance and discretion can be given to individual cases accordingly.
Action required: Notify the Attorney General of the Decision.
Signature: (Minister/ Assistant Minister)			Date of Decision: 10th April 2006

Proceeds of Crime - International Co-operation.

TREASURY AND RESOURCES MINISTER

Proceeds of Crime – international co-operation

1. Purpose of Report

1.1. To consider, in accordance with the Proceeds of Crime (Jersey) Law 1999, including the Islamic Republic of Pakistan as a designated territory.

1.2. To consider amending current legislation in line with the United Kingdom so that assistance can be given to any country or territory, removing the requirement to provide for specific designations.

2. Background

2.1. The Attorney General has recently received a request to consider amending legislation to permit the Islamic Republic of Pakistan as a designated territory in accordance with the Proceeds of Crime (Jersey) Law. The effect of amending the legislation would be to give effect to external confiscation orders made in Pakistan and to allow the Jersey Courts to seize assets in Jersey whilst external investigations are carried out.

2.2. Jersey has previously followed the United Kingdom approach and the list of designated territories was broadly similar to which the UK had approved for these purposes. However, the UK has since changed its legislation such that assistance can be given to any countries or territories. It is now a matter of the discretion for the Secretary of State.

2.3. The Attorney General has expressed a view that it would be appropriate to change the legislation in accordance with that of the UK however this will take some months to amend. A decision is therefore required in the short term whether or not to include Pakistan as a designated territory.

3. Comments

3.1. The Attorney General recommends that Pakistan is included as a designated territory. Intelligence indicates that substantial assets have been hidden in Jersey arising out of corruption in Pakistan. He considers it embarrassing that the Government of Pakistan is left to take civil process in these cases and that the Jersey authorities are unable to lend their weight to assist.

3.2. In addition to this the Attorney General also recommends that Jersey change the legislation in the medium term to adopt the United Kingdom approach. The designated territory approach operates as a form of jurisdiction approval, and it follows therefore if a country is not designated, Jersey is in effect saying that such territory or country is not considered worthy to assist. It is therefore appropriate to change the legislation to confer a general discretion and not one which can only be exercised in the case of designated countries.

3.3. The Economic Development Minister and the Jersey Financial Services Commission have also been consulted, neither of which object to the proposal. In addition there is also support from both the Commission and the Economic Development Minister for the changes to the Law in the medium term; as such changes would reduce the current burden involved in updating the list of territories which can lead to delays.

4. Recommendation

4.1. That the Minister approves that the Islamic Republic of Pakistan is included as a designated territory under the Proceeds of Crime (Jersey) Law, 1999.

4.2. That the Minister approves the recommendation to change the legislation in the medium term and adopt the approach of the United Kingdom.

5. Reason for Decision

5.1. It is appropriate that the Jersey Authorities assist in external investigations relating to the Proceeds of Crime (Jersey) Law, 1999 received from the Islamic Republic of Pakistan.

5.2. In the medium term the legislation should be changed so that no particular country or territory is refused assistance and discretion can be given to individual cases accordingly.

States Treasury Corporate Finance

12 April, 2006 for Decision Meeting 10/04/2006