Jersey Financial Crimes Unit (FOI)

Request

A

For the period from 1 January 2012 to date, how many requests to impose a "no consent" has the JFCU received from the AG? Please provide a breakdown for each year and specify the date of the most recent request.

B

Of those requests identified in 1, how many have originated from requests for mutual legal assistance from any law enforcement or regulatory authority in the United States of America? Please provide a breakdown for each year and specify the date of the most recent request.

C

For the period from 1 January 2012 to date, how many requests for assistance has the JFCU received directly from overseas authorities to assist such authorities with civil or criminal proceedings to which they are party?

D

Please provide a breakdown for each year and specify the date of the most recent request.

E

Of those requests identified in 3, how many have been received from any law enforcement or regulatory authority in the United States of America? Please provide a breakdown for each year and specify the date of the most recent request.

F

For the period from 1 January 2012 to date, how many times has the JFCU imposed a "no consent" on a bank account held with SG Hambros? Please provide a breakdown for each year and specify the date of the most recent imposition.

G

Of those impositions identified in 5, how many have been made in response to requests for assistance from any law enforcement or regulatory authority in the United States of America? Please provide a breakdown for each year and specify the date of the most recent imposition.

Response

A

All financial services businesses and certain other businesses in Jersey have an obligation to maintain procedures to prevent and detect money laundering. The obligation to report suspicions of money laundering extends to anyone who derives such suspicions from information obtained during the course of their trade, profession, business or employment.

Reports are made by way of Suspicious Activity Report (SAR) under the provisions of the Proceeds of Crime (Jersey) Law 1999 (as amended). The reporting person may often seek 'consent' to maintain the relationship or to conduct specified activity. Article 32 of the aforementioned law relates to the issue of consent.

A small minority of SARs submitted to the JFCU receive 'no consent'. This is not a formal 'freeze' or restraint on the account, although in practice the transactional effects are the same.

The determination of consent rests entirely with the JFCU. The AG does not request JFCU to impose 'no consent'.

Statistical data is published on the States of Jersey Police website.

Statistical data on States of Jersey Police website

B

See above

C

Total Requests For Assistance (RFAs) from overseas agencies:
2012: 266
2013: 318
2014: 285
2015: 287
2016: 245 to date

D

USA RFAs:
2012: 7
2013: 4
2014: 8
2015: 8
2016: 5 to date

E

The most recent Request for Assistance received from the USA by the JFCU was in Q4, 2016.

F

The States of Jersey Police/JFCU neither confirm nor deny it holds any information concerning the company in question.

To disclose information that is held, without the consent of the Attorney General would be illegal: see below.

To disclose that the police held no information may alert an individual or company to that fact and facilitate the continuation of any criminality.

G

See above

Exemptions Applied

Article 29 of the freedom of Information (Jersey) Law 2011 provides an absolute exemption if the disclosure of the information by the Public Authority holding it:
A) is prohibited by  or under any enactment.

Any information held as a result of an investigation, including decisions regarding the matter of consent that arise following the submission of SARs, is treated in confidence.  Confidentiality is protected under the Proceeds of Crime legislation.

The Proceeds of Crime (Jersey) Law 1999 Article 33 & 34 restrict the further disclosure of information provided to the police/JFCU: see below.

33      Restrictions on further disclosure[45]
(1)     Information that is disclosed –
(a)     to a police officer under Article 32 or 34A or any Order made under Article 37; or
(b)     to a designated police officer or designated customs officer,
shall not be disclosed by that officer or by any person who obtains information directly or indirectly from that officer, unless such further disclosure is permitted by Article 34.
(2)     A person who discloses information in contravention of paragraph (1) is guilty of an offence and shall be liable to imprisonment for a term not exceeding 6 months or to a fine of level 4 on the standard scale, or both.
(3)     In proceedings against a person for an offence under this Article, it shall be a defence to prove that the person took all reasonable steps and exercised due diligence to avoid committing the offence.
(4)     No prosecution shall be instituted for an offence under this Article without the consent of the Attorney General.

34      Further disclosure permitted for certain purposes[46]
(1)     Article 33 does not prohibit the disclosure of information –
(a)     to a person in Jersey for the purposes of a criminal investigation or criminal proceedings in Jersey; or
(b)     for other purposes in Jersey; to –
(i)      the Attorney General,
(ii)      the Financial Services Commission,
(iii)     a police officer,
(iv)     any other person who is for the time being authorized in writing by the Attorney General to obtain the information, or
(v)     any supervisory body designated as such by the Chief Minister under the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008[47].
(2)     Where the Attorney General has consented to disclosure of information and has not withdrawn that consent, Article 33 does not prohibit the disclosure of information –
(a)     for the purposes of the investigation of crime outside Jersey or of criminal proceedings outside Jersey; or
(b)     to a competent authority outside Jersey.
(3)     The Attorney General may give consent –
(a)     generally or specifically; and
(b)     unconditionally or subject to such conditions as the Attorney General may stipulate.
(4)     Without prejudice to the generality of paragraph (3), the Attorney General’s consent may be given in terms that permit the disclosure from time to time (as the occasion requires) of such a class of information as is specified in the consent to such a person or authority, or class of persons or authority, as is so specified.
(5)     Without prejudice to the generality of paragraph (3), a condition –
(a)     may be expressed generally or in respect of any specified information;
(b)     may provide that information may only be disclosed in specified circumstances or for a specified purpose; or
(c)     may provide that any person or authority to whom information is disclosed shall not disclose it to any other person without the prior consent of the Attorney General.