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Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law 201-

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.

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A decision made 11 December 2013:

Decision Reference:  

Decision Summary Title :

Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law 201-

Date of Decision Summary:

11 November 2013

Decision Summary Author:

 

Officer,

Finance Industry Development

Decision Summary:

Public or 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 :

Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law 201-

Date of Written Report:

11 November 2013

Written Report Author:

Officer,

Finance Industry Development

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

 

Approval of the draft Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law 201- for lodging.

 

Decision(s):

 

The Minister approved the draft Proceeds of Crime and Terrorism (Miscellaneous Provisions) (Jersey) Law 201- for lodging and directed that the documents should be lodged au Greffe for debate by the States at the earliest opportunity.

 

Reason(s) for Decision:

 

The draft law has four aims, namely to:

 

(a)    ensure that Jersey has one set of provisions that relate to the laundering of the proceeds of criminal conduct, including the restraint and confiscation of such proceeds. Currently Jersey has anti-money laundering provisions in each of the Proceeds of Crime (Jersey) Law 1999, the Terrorism (Jersey) Law 2002 and the Drug Trafficking Offences (Jersey) Law 1988. At present, drug money laundering is dealt with under the Drug Trafficking Offences (Jersey) Law 1988, the money laundering of terrorist property under the Terrorism (Jersey) Law 2002 and any other form of money laundering under the Proceeds of Crime (Jersey) Law 1999;

 

(b)    address outstanding technical issues identified in Jersey’s 2009 IMF Assessment Report;

 

 

(c)    address any gaps against the revised Financial Action Task Force (“FATF”) standards, issued in February 2012. Jersey will be assessed against the revised standards when the next but one assessment of the Island takes place, probably in 2016 (the next assessment being due to take place in 2014 under the 2004 standards); and

 

(d)    align specific provisions with requirements of the United Nations Convention against Transnational Organized Crime (“Palermo Convention”) and Council of Europe Convention 141 on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (“Strasbourg Convention”), to allow for these Conventions to be extended to Jersey.

 

Resource Implications:

 

There are no resource implications as a result of this decision.

 

 

 

Action required:

 

The Greffier of the States to be requested to arrange for the draft Law to be lodged au Greffe for debate by the States at the earliest opportunity.

 

Signature:

 

 

 

Senator Ian Joseph Gorst

Position:

 

 

 

Chief Minister of Jersey

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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