Money Laundering (Amendment No. 8) (Jersey) Order 2015

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 March 2015:

MINISTERIAL DECISION REFERENCE: MD-C-2015-0037
DECISION SUMMARY TITLE: Money Laundering (Amendment No.8) (Jersey) Order 201-
DECISION SUMMARY AUTHOR:	Legislative and Policy Development, Financial Services	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Written Report - Money Laundering (Amendment No.8) (Jersey) Order 201-
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Legislative and Policy Development, Financial Services	IS THE REPORT PUBLIC OR EXEMPT		Public
DECISION AND REASON FOR THE DECISION: The Chief Minister made the Draft Money Laundering (Amendment No.8) (Jersey) Order 201- (the “draft Order”). The amendments made by the draft Order address points made during the January 2015 on-site assessment of Jersey by MONEYVAL. During the on-site assessment, a number of points were made as to how Jersey legislation should be amended to more effectively implement the international recommendations of the Financial Action Task Force (the “FATF”). A number of these amendments follow other amendments made to primary Law by the States post the on-site assessment process. Amendments are made by the draft Order in the following areas: i) To deal with the extent to which Jersey legislation requires that beneficial owners and controllers of customers be identified – for example, if a customer is acting indirectly for a third party. ii) To require a relevant person to maintain policies and procedures for determining whether a business relationship or transaction is connected to persons connected to an organisation that is subject to sanctions or persons who are themselves subject to sanctions. iii) To substitute Article 21(5) of the Money Laundering (Jersey) Order 2008 to ensure disclosure requirements for reporting of certain information or matters to the Financial Intelligence Unit do not apply where the matter is subject to legal privilege (as defined by the Jersey customary law.)
RESOURCE IMPLICATIONS: There are no resource implications for the States of Jersey as a result of this decision.
ACTION REQUIRED: That the Chief Minister sign and seal the Order and it be returned to the States Greffe for immediate publication.
SIGNATURE: SENATOR IAN JOSEPH GORST			POSITION: CHIEF MINISTER OF JERSEY

DATE SIGNED			EFFECTIVE DATE OF THE DECISION