Abstract
Jersey has put in place a comprehensive and robust Antimoney Laundering/Combating the Financing of Terrorism (AML/CFT) legal framework with a high level of compliance with almost all aspects of the Financial Action Task Force recommendations. The paper discusses a Detailed Assessment of Observance of AML/CFT report on Jersey. Both money laundering and financing of terrorism are criminalized largely in line with the international standard, and Jersey has implemented the provisions effectively.
Drug Trafficking Offences (Jersey) Law 1988
1 Interpretation
(1) In this Law unless the context otherwise requires -
“drug money laundering” means doing any act which constitutes an offence under Article 30, 37 or 38 or in the case of an act done outside Jersey would constitute such an offence if done in Jersey; and for the purposes of this definition, having possession of any property shall be taken to be doing an act in relation to it;
“drug trafficking offence” means any of the following -
(a) an offence under Article 5 or 8(2) of the Misuse of Drugs (Jersey) Law 1978;
(b) an offence under Article 6 of the Misuse of Drugs (Jersey) Law 1978;
(c) an offence under Article 21(5) of the Misuse of Drugs (Jersey) Law 1978;
(d) an offence under Article 61 of the Customs and Excise (Jersey) Law 1999 in connection with a prohibition or restriction on importation or exportation having effect by virtue of Article 4 of the Misuse of Drugs (Jersey) Law 1978 or of Article 29 of this Law;
(e) an offence under Article 30, 37, 38 or 46;
(f) an offence of conspiracy to commit any of the offences in sub-paragraphs (a) to (e);
(g) an offence of attempting to commit any of those offences;
(h) an offence of inciting another to commit any of those offences; and
(i) aiding, abetting or participating in the commission of any of those offences;
3 Confiscation orders
(1) Where a person appears before the Court to be sentenced in respect of one or more drug trafficking offences (and has not previously been sentenced or otherwise dealt with in respect of the conviction for the offence or, as the case may be, any of the offences concerned), then -
(a) if the Attorney General asks the Court to proceed under this Article; or
(b) if the Court considers that, even though the Attorney General has not asked it to do so, it is appropriate for it to proceed under this Article,
it may act as follows.
(2) The Court may first determine whether the person has benefited from drug trafficking.
(3) For the purposes of this Law, a person who has at any time (whether before or after the commencement of this Article) received any payment or other reward in connection with drug trafficking carried on by the person or another has benefited from drug trafficking.
(4) If the Court determines that the person has so benefited, the Court may, before sentencing or otherwise dealing with the defendant in respect of the offence or, as the case may be, any of the offences concerned, determine in accordance with Article 8 the amount to be recovered in the person’s case by virtue of this Article.
(5) The Court may then, in respect of the offence or offences concerned -
(a) order the person to pay that amount;
(b) take account of the order before -
(i) imposing any fine on the person,
(ii) making any order involving any payment by the person, or
(iii) making any order under Article 29 of the Misuse of Drugs (Jersey) Law 1978;and
(c) subject to sub-paragraph (b), leave the order out of account in determining the appropriate sentence or other manner of dealing with the defendant.
(6) No enactment restricting the power of a court dealing with an offender in a particular way from dealing with the offender also in any other way shall by reason only of the making of an order under this Article restrict the Court from dealing with an offender in any way the Court considers appropriate in respect of a drug trafficking offence.
(7) The standard of proof required to determine any question arising under this Law as to -
(a) whether a person has benefited from drug trafficking; or
(b) the amount to be recovered in the person’s case by virtue of this Article,
shall be that applicable in civil proceedings.
15 Cases in which saisies judiciaries may be made
(1) The powers conferred on the Court by Article 16 are exercisable where -
(a) the Court has made a confiscation order; or
(b) proceedings have been instituted in Jersey against the defendant for a drug trafficking offence or an application has been made by the Attorney General in respect of the defendant under Article 9, 12, 13, 14 or 19 and -
(i) the proceedings have not, or the application has not, been concluded, and
(ii) the Court is satisfied that there is reasonable cause to believe -
(A) in the case of an application under Article 14 or 19, that the Court will be satisfied as mentioned in Article 14(4) or, as the case may be, Article 19(2), or
(B) in any other case, that the defendant has benefited from drug trafficking; or
(c) the Court is satisfied -
(i) that proceedings are to be instituted in Jersey against a person for a drug trafficking offence, or that an application of a kind mentioned in sub-paragraph (b) is to be made against the defendant, and
(ii) is also satisfied as mentioned in sub-paragraph (b)(ii).
(2) For the purposes of Article 16, at any time when those powers are exercisable before proceedings have been instituted -
(a) references in this Law to the defendant shall be construed as references to the person referred to in paragraph (1)(c);
(b) references in this Law to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in paragraph (1)(c) for a drug trafficking offence.
(3) Where the Court has made an order under Article 16 by virtue of paragraph (1)(c), the Court shall discharge the order if the proceedings have not been instituted within such time as the Court considers reasonable.
(4) Where the Court has made an order under Article 16 in relation to a proposed application by virtue of paragraph (1)(c), the Court shall discharge the order if the application is not made within such time as the Court considers reasonable.
(5) The Court shall not exercise powers under Article 16, by virtue of paragraph (1)(a) or (b), if it is satisfied that -
(a) there has been undue delay in continuing the proceedings or application in question; or
(b) the Attorney General does not intend to proceed.
16 Saisies judiciaires
(1) The Court may, subject to such conditions and exceptions as may be specified therein, make an order (in this Law referred to as a “saisie judiciaire”) on an application made by or on behalf of the Attorney General.
(2) An application for a saisie judiciaire may be made on an ex parte application to the Bailiff in Chambers.
(3) A saisie judiciaire shall provide for notice to be given to any person affected by the order.
(4) Subject to paragraph (5), on the making of a saisie judiciaire -
(a) all the realisable property held by the defendant in Jersey shall vest in the Viscount;
(b) any specified person may be prohibited from dealing with any realisable property held by that person whether the property is described in the order or not;
(c) any specified person may be prohibited from dealing with any realisable property transferred to the person after the making of the order, and the Viscount shall have the duty to take possession of, and, in accordance with the Court’s directions, to manage or otherwise deal with, any such realisable property; and any specified person having possession of any realisable property may be required to give possession of it to the Viscount.
(5) Any property vesting in the Viscount pursuant to paragraph (4)(a) shall so vest subject to all hypothecs and security interests with which such property was burdened prior to the vesting.
(6) A saisie judiciaire -
(a) may be discharged or varied in relation to any property; and
(b) shall be discharged on satisfaction of the confiscation order.
(7) An application for the discharge or variation of a saisie judiciaire may be made to the Bailiff in Chambers by any person affected by it and the Bailiff may rule upon the application or may, at the Bailiff’s discretion, refer it to the Court for adjudication.
(8) Where it appears to the Court that any order made by it under this Article may affect immovable property situate in Jersey it shall order the registration of the order in the Public Registry.
(9) For the purposes of this Article, dealing with property held by any person includes (without prejudice to the generality of the expression) -
(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and
(b) removing the property from Jersey.
(10) Where the Court has made a saisie judiciaire, a police officer may, for the purpose of preventing any realisable property being removed from Jersey, seize the property.
(11) Property seized under paragraph (10) shall be dealt with in accordance with the Court’s directions.
30 Concealing or transferring proceeds of drug trafficking
(1) A person is guilty of an offence if the person -
(a) conceals or disguises any property which is, or in whole or in part directly or indirectly represents, the person’s proceeds of drug trafficking; or
(b) converts or transfers that property or removes it from the jurisdiction, for the purpose of avoiding prosecution for a drug trafficking offence or the making or enforcement in the person’s case of a confiscation order.
(2) A person is guilty of an offence if, knowing or having reasonable grounds to suspect that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, the person -
(a) conceals or disguises that property; or
(b) converts or transfers that property or removes it from the jurisdiction, for the purpose of assisting any person to avoid prosecution for a drug trafficking offence or the making or enforcement of a confiscation order.
(3) In paragraphs (1)(a) and (2)(a) the references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.
(4) A person guilty of an offence under this Article is liable to a fine or to imprisonment for a term not exceeding 14 years, or to both.
37 Assisting another to retain the benefit of drug trafficking
(1) Subject to paragraph (3), if a person enters into or is otherwise concerned in an arrangement whereby -
(a) the retention or control by or on behalf of another (in this Article referred to as “A”) of A’s proceeds of drug trafficking is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or
(b) A’s proceeds of drug trafficking -
(i) are used to secure that funds are placed at A’s disposal, or
(ii) are used for A’s benefit to acquire property by way of investment, knowing or suspecting that A is a person who carried on or has carried on drug trafficking or has benefited from drug trafficking, the person is guilty of an offence.
(2) In this Article, references to any person’s proceeds of drug trafficking include a reference to any property which in whole or in part directly or indirectly represented in the person’s hands the person’s proceeds of drug trafficking.
(3) Where a person discloses to a police officer a suspicion or belief that any funds or investments are derived from or used in connection with drug trafficking or any matter on which such a suspicion or belief is based -
(a) the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute, contract or otherwise; and
(b) if the person does any action in contravention of paragraph (1) and the disclosure related to the arrangement concerned, the person does not commit an offence under this Article if the disclosure is made in accordance with this paragraph, that is -
(i) it is made before the person does the act concerned, being an act done with the consent of the police officer, or
(ii) it is made after the person does the act, but is made on the person’s initiative and as soon as it is reasonable to make it.
(4) In proceedings against a person for an offence under this Article, it is a defence to prove -
(a) that the person did not know or suspect that the arrangement related to any person’s proceeds of drug trafficking;
(b) that the person did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in paragraph (1); or
(c) that -
(i) the person intended to disclose to a police officer such a suspicion, belief or matter as is mentioned in paragraph (3) in relation to the arrangement, but
(ii) there is a reasonable excuse for the person’s failure to make disclosure in accordance with paragraph (3)(b).
(5) In the case of a person who was in employment at the relevant time, paragraphs (3) and (4) shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by the person’s employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a police officer.
(6) A person guilty of an offence under this Article shall be liable on conviction to imprisonment for a term not exceeding 14 years or to a fine or to both.
38 Acquisition, possession or use of property representing proceeds of drug trafficking
(1) A person who, knowing that any property is, or in whole or in part directly or indirectly represents, another’s proceeds of drug trafficking, acquires that property or has possession or use of it, is guilty of an offence.
(2) It is a defence to a charge of committing an offence under this Article that the person charged acquired or used the property or had possession of it for adequate consideration.
(3) For the purposes of paragraph (2) -
(a) a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; and
(b) a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of the person’s use or possession of the property.
(4) The provision for any person of services or goods which are of assistance to the person in drug trafficking shall not be treated as consideration for the purposes of paragraph (2).
(5) Where a person discloses to a police officer a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of drug trafficking, or discloses to a police officer any matter on which such a suspicion or belief is based -
(a) the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute, contract or otherwise; and
(b) if the person does any act in relation to the property in contravention of paragraph (1), the person does not commit an offence under this Article if -
(i) the disclosure is made before the person does the act concerned and the act is done with the consent of the police officer, or
(ii) the disclosure is made after the person does the act, but on the person’s initiative and as soon as it is reasonable to make it.
(6) For the purposes of this Article, having possession of any property shall be taken to be doing an act in relation to it.
(7) In proceedings against a person for an offence under this Article, it is a defence to prove that -
(a) the person intended to disclose to a police officer such a suspicion, belief or matter as is mentioned in paragraph (5); but
(b) there is reasonable excuse for the person’s failure to make the disclosure in accordance with paragraph (5)(b).
(8) In the case of a person who was in employment at the relevant time, paragraphs (5) and (7) shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by the person’s employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a police officer.
(9) A person guilty of an offence under this Article shall be liable on conviction to imprisonment for a term not exceeding 14 years or to a fine or to both.
(10) No police officer shall be guilty of an offence under this Article in respect of anything done by him or her in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Law or of any other enactment relating to drug trafficking or the proceeds of drug trafficking.
39 Enforcement of confiscation orders and external confiscation orders
(1) The States may by Regulations direct that, subject to such modifications as may be specified in the Regulations, this Law shall apply to -
(a) external confiscation orders; and
(b) proceedings which have been or are to be instituted in a country or territory outside Jersey and may result in an external confiscation order being made there.
(2) The States may by Regulations -
(a) make such provision in connection with the taking of action in a country or territory outside Jersey with a view to satisfying a confiscation order as appears to the States to be necessary or expedient;
(b) without prejudice to the generality of sub-paragraph (a), direct that, in such circumstances as may be specified in the Regulations, proceeds which arise out of action taken in a country or territory outside Jersey with a view to satisfying a confiscation order and which are retained there shall nevertheless be treated as reducing the amount payable under the order to such extent as may be specified.
(3) Without prejudice to the generality of paragraphs (1) and (2), Regulations made under either of them may make -
(a) such provision as to the evidence or proof of any matter for the purposes of such Regulations or this Article; and
(b) such incidental, consequential and transitional provision, as appears to the States to be necessary or expedient.
(4) In this Law -
“external confiscation order” means an order made by a court in a country or territory outside Jersey for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value; and
“modifications” includes additions, alterations and omissions.
(5) On an application made by or on behalf of the government of a country or territory outside Jersey, the Court may register an external confiscation order made there if -
(a) it is satisfied that at the time of registration the order is in force and not subject to appeal;
(b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that the person received notice of the proceedings in sufficient time to enable him or her to defend them; and
(c) it is of the opinion that enforcing the order in Jersey would not be contrary to the interests of justice.
(6) In paragraph (5)(a), “appeal” includes -
(a) any proceedings by way of discharging or setting aside a judgment; and
(b) an application for a new trial or a stay of execution.
(7) The Court shall cancel the registration of an external confiscation order if it appears to the Court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.
42 Investigations into drug trafficking
(1) A police officer may, for the purpose of an investigation into drug trafficking, apply to the Bailiff for an order under paragraph (2) in relation to particular material or material of a particular description.
(2) If on such an application the Bailiff is satisfied that the conditions in paragraph (3) are fulfilled, the Bailiff may make an order that the person who appears to the Bailiff to be in possession of the material to which the application related shall -
(a) produce it to a police officer for the police officer to take away; or
(b) give a police officer access to it, within 7 days or such longer or shorter period as appears to the Bailiff to be appropriate.
(3) The conditions referred to in paragraph (2) are -
(a) that there are reasonable grounds for suspecting that a specified person has carried on or has benefited from drug trafficking;
(b) that there are reasonable grounds for suspecting that the material to which the application relates -
(i) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, and
(ii) does not consist of or include items subject to legal professional privilege; and
(c) that there are reasonable grounds for believing that it is in the public interest, having regard to -
(i) the benefit likely to accrue to the investigation if the material is obtained, and
(ii) the circumstances under which the person in possession of the material holds it, that the material should be produced or that access to it should be given.
(4) Where the Bailiff makes an order under paragraph (2)(b) in relation to material on any premises, the Bailiff may on the application of a police officer order any person who appears to the Bailiff to be entitled to grant entry to the premises to allow a police officer to enter the premises to obtain access to the material.
(5) Provision may be made by Rules of Court as to -
(a) the discharge and variation of orders under this Article; and
(b) proceedings relating to such order.
(6) Where the material to which an application under paragraph (1) relates consists of information contained in a computer -
(a) an order under paragraph (2)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and
(b) an order under paragraph (2)(b) shall have effect as an order to give access to the material in a form in which it is visible and legible.
(7) An order under paragraph (2) -
(a) shall not confer any right to production of, or access to, items subject to legal professional privilege;
(b) shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise; and
(c) may be made in relation to material in the possession of a States’ Department.
(8) An application under paragraph (1) or (4) may be made ex parte to the Bailiff in Chambers.
44A Financial information and monitoring
(1) Part 1 of Schedule 2 shall have effect in respect of the obtaining of financial information.
(2) Part 2 of Schedule 2 shall have effect in respect of account monitoring orders.
Proceeds of Crime (Jersey) Law 1999
1 Interpretation
(1) In this Law, unless the context otherwise requires—
“criminal conduct” means conduct, whether occurring before or after Article 3 comes into force, that -
(a) constitutes an offence specified in Schedule 1; or
(b) if it occurs or has occurred outside Jersey, would have constituted such an offence if occurring in Jersey;
“money laundering” means -
(a) conduct that is an offence -
(i) under Article 32, 33 or 34 of this Law,
(ii) under Article 30, 37 or 38 of the Drug Trafficking Offences (Jersey) Law 1988, or
(iii) under any of Articles 15 to 18 of the Terrorism (Jersey) Law 2002; or
(b) conduct outside Jersey that, if occurring in Jersey, would be an offence specified in sub-paragraph (a).
3 Confiscation orders
(1) Where a defendant appears before the Court to be sentenced in respect of one or more offences specified in Schedule 1, and the defendant has not previously been sentenced or otherwise dealt with in respect of his or her conviction for the offence or (as the case may be) any of the offences concerned -
(a) if the Attorney General asks the Court to proceed under this Article; or
(b) if the Court considers that, even though the Attorney General has not asked it to do so, it is appropriate for it to proceed under this Article, the Court may act in accordance with this Article.
(2) However, this Article shall not apply in the case of any proceedings against any defendant where the defendant is convicted in those proceedings of an offence that was committed before this Article comes into force.
(3) Where the Court is proceeding under this Article, it may first determine whether the defendant has benefited from any relevant criminal conduct.
(4) If the Court determines that the defendant has so benefited it may, before sentencing or otherwise dealing with the defendant in respect of the offence or (as the case may be) any of the offences concerned -
(a) determine in accordance with Article 4 the amount to be recovered in the defendant’s case by virtue of this Article; and
(b) make a confiscation order, to the effect that the defendant pay that amount.
(5) Where the Court makes a confiscation order -
(a) it shall take account of the order before -
(i) imposing any fine on the defendant,
(ii) making any order involving any payment by the defendant, or
(iii) making any forfeiture order under Article 29 of the Misuse of Drugs (Jersey) Law 1978, Article 26 of the Terrorism (Jersey) Law 2002 or Article 9 of the Proceeds of Crime (Cash Seizure) (Jersey) Law 2008; and
(b) subject to sub-paragraph (a), it shall leave the order out of account in determining the appropriate sentence or other manner of dealing with the defendant in the proceedings.
(6) No enactment restricting the power of a court dealing with an offender in a particular way from dealing with the offender also in any other way shall by reason only of the making of an order under this Article restrict the Court from dealing with an offender in any way that the Court considers appropriate in respect of an offence specified in Schedule 1.
(7) Where -
(a) the Court makes both a confiscation order and an order for the payment of compensation under Article 2 of the Criminal Justice (Compensation Orders) (Jersey) Law 1994 against the same person in the same proceedings; and
(b) it appears to the Court that the person will not have sufficient means to satisfy both the orders in full,
it shall direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of the person’s means shall be paid out of any sums recovered under the confiscation order.
(8) The standard of proof required to determine any question arising under this Law as to -
(a) whether a person has benefited from any offence; or
(b) the amount to be recovered in the person’s case by virtue of this Article, shall be that applicable in civil proceedings.
(9) The States may amend Schedule 1 by Regulations, by adding, deleting or substituting any offence (not being a drug trafficking offence).
15 Cases in which saisies judiciaires may be made
(1) The powers conferred on the Court by Article 16 are exercisable where -
(a) the Court has made a confiscation order;
(b) proceedings have been instituted in Jersey against the defendant for an offence specified in Schedule 1 or an application has been made by the Attorney General in respect of the defendant under any of Articles 9, 12, 13, 14 and 19 and -
(i) the proceedings have not, or the application has not, been concluded, and
(ii) the Court is satisfied that there is reasonable cause to believe -
(A) in the case of an application under Article 14 or 19, that the Court will be satisfied as mentioned in Article 14(3) or (as the case may be) Article 19(2), or
(B) in any other case, that the defendant has benefited from the offence; or
(c) the Court is satisfied -
(i) that proceedings are to be instituted in Jersey against a person for an offence specified in Schedule 1, or that an application of a kind mentioned in sub-paragraph (b) of this paragraph is to be made against the defendant, and
(ii) as to the matters mentioned in clause (ii) of that sub-paragraph.
(2) For the purposes of Article 16, at any time when those powers are exercisable before proceedings have been instituted -
(a) references in this Part to the defendant shall be construed as references to the person to whom paragraph (1)(c) of this Article refers;
(b) references in this Part to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person to whom paragraph (1)(c) of this Article refers for an offence specified in Schedule 1.
(3) Where the Court has made an order under Article 16 by virtue of paragraph (1)(c) of this Article, in relation to proposed proceedings for an offence specified in Schedule 1, the Court shall discharge the order if the proceedings have not been instituted within such time as the Court considers reasonable.
(4) Where the Court has made an order under Article 16 in relation to a proposed application by virtue of paragraph (1)(c) of this Article, the Court shall discharge the order if the application is not made within such time as the Court considers reasonable.
(5) The Court shall not exercise its powers under Article 16, by virtue of paragraph (1)(a) or (b) of this Article, if it is satisfied that -
(a) there has been undue delay in continuing the proceedings or application in question; or
(b) the Attorney General does not intend to proceed.
16 Saisies judiciaires
(1) The Court may, subject to such conditions and exceptions as may be specified in it, make an order (in this Part referred to as a saisie judiciaire) on an application made by or on behalf of the Attorney General.
(2) An application for a saisie judiciaire may be made ex parte to the Bailiff in chambers.
(3) A saisie judiciaire shall provide for notice to be given to any person affected by the order.
(4) Subject to paragraph (5), on the making of a saisie judiciaire -
(a) all the realisable property held by the defendant in Jersey shall vest in the Viscount;
(b) any specified person may be prohibited from dealing with any realisable property held by that person whether the property is described in the order or not;
(c) any specified person may be prohibited from dealing with any realisable property transferred to the person after the making of the order,
and the Viscount shall have the duty to take possession of and, in accordance with the Court’s directions, to manage or otherwise deal with any such realisable property; and any specified person having possession of any realisable property may be required to give possession of it to the Viscount.
(5) Any property vesting in the Viscount pursuant to paragraph (4)(a) shall so vest subject to all hypothecs and security interests with which such property was burdened prior to the vesting.
(6) A saisie judiciaire -
(a) may be discharged or varied in relation to any property; and
(b) shall be discharged on satisfaction of the confiscation order.
(7) An application for the discharge or variation of a saisie judiciaire may be made to the Bailiff in chambers by any person affected by it and the Bailiff may rule upon the application or may, at the Bailiff’s discretion, refer it to the Court for adjudication.
(8) Where it appears to the Court that any order made by it under this Article may affect immovable property situate in Jersey, it shall order the registration of the order in the Public Registry.
(9) For the purposes of this Article, dealing with property held by any person includes (without prejudice to the generality of the expression) -
(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and
(b) removing the property from Jersey.
(10) Where the Court has made a “saisie judiciaire” a police officer may, for the purpose of preventing the removal of any realisable property from Jersey, seize the property.
(11) Property seized under paragraph (10) shall be dealt with in accordance with the Court’s directions.
32 Assisting another to retain the benefit of criminal conduct
(1) Subject to paragraph (3), if a person enters into or is otherwise concerned in an arrangement whereby -
(a) the retention or control by or on behalf of another (in this Article referred to as “A”) of A’s proceeds of criminal conduct is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or
(b) A’s proceeds of criminal conduct -
(i) are used to secure that funds are placed at A’s disposal, or
(ii) are used for A’s benefit to acquire property by way of investment, knowing or suspecting that A is a person who is or has been engaged in criminal conduct or has benefited from criminal conduct, he or she is guilty of an offence.
(2) In this Article, references to any person’s proceeds of criminal conduct include a reference to any property that in whole or in part directly or indirectly represented in the person’s hands his or her proceeds of criminal conduct.
(3) Where a person discloses to a police officer a suspicion or belief that any property is derived from or used in connection with criminal conduct, or discloses to a police officer any matter on which such a suspicion or belief is based -
(a) the disclosure shall not be treated as a breach of any restriction upon disclosure imposed by any statute or contract or otherwise, and shall not involve the person making it in liability of any kind; and
(b) if the person does any act in contravention of paragraph (1) and the disclosure relates to the arrangement concerned, the person does not commit an offence under this Article if -
(i) the disclosure is made before the person does the act concerned and the act is done with the consent of a police officer, or
(ii) the disclosure is made after the person does the act, but is made on the person’s initiative and as soon as it is reasonable for the person to make it.
(4) In proceedings against a person for an offence under this Article, it is a defence to prove -
(a) that the person did not know or suspect that the arrangement related to any person’s proceeds of criminal conduct;
(b) that the person did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or (as the case may be) that by the arrangement any property was used as mentioned in paragraph (1); or
(c) that -
(i) the person intended to disclose to a police officer such a suspicion, belief or matter as is mentioned in paragraph (3) in relation to the arrangement, and
(ii) there is reasonable excuse for the person’s failure to make the disclosure in accordance with paragraph (3)(b).
(5) In the case of a person who was in employment at the relevant time, paragraphs (3) and (4) shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by the person’s employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a police officer.
(6) A person who is guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 14 years or to a fine or to both.
(7) No prosecution shall be instituted for an offence under this Article without the consent of the Attorney General.
33 Acquisition, possession or use of proceeds of criminal conduct
(1) A person is guilty of an offence if, knowing that any property is or in whole or in part directly or indirectly represents another person’s proceeds of criminal conduct, the person acquires or uses that property or has possession of it.
(2) In proceedings against a person for an offence under this Article, it is a defence to prove that the person acquired or used the property or had possession of it for adequate consideration.
(3) For the purposes of paragraph (2) -
(a) a person acquires property for inadequate consideration if the value of the payment is significantly less than the value of the property; and
(b) a person uses or has possession of property for inadequate consideration if the value of the payment is significantly less than the value of the person’s possession or use of it.
(4) The provision for any person of services or goods that are of assistance to the person in criminal conduct shall not be treated as consideration for the purposes of paragraph (2).
(5) Where a person discloses to a police officer a suspicion or belief that any property is or in whole or in part directly or indirectly represents another person’s proceeds of criminal conduct, or discloses to a police officer any matter on which such a suspicion or belief is based -
(a) the disclosure shall not be treated as a breach of any restriction upon disclosure imposed by any statute or contract or otherwise, and shall not involve the person making it in liability of any kind; and
(b) if the person does any act in relation to that property in contravention of paragraph (1), the person does not commit an offence under this Article if -
(i) the disclosure is made before the person does the act concerned and the act is done with the consent of a police officer, or
(ii) the disclosure is made after the person does the act, but is made on the person’s initiative and as soon as it is reasonable for the person to make it.
(6) For the purposes of this Article, having possession of any property shall be taken to be doing an act in relation to it.
(7) In proceedings against a person for an offence under this Article, it is a defence to prove -
(a) that the person intended to disclose to a police officer such a suspicion, belief or matter as is mentioned in paragraph (5); and
(b) there is reasonable excuse for the person’s failure to make the disclosure in accordance with sub-paragraph (b) of that paragraph.
(8) In the case of a person who was in employment at the relevant time, paragraphs (5) and (7) shall have effect in relation to the disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by the person’s employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a police officer.
(9) A person who is guilty of an offence under this Article is liable to imprisonment for a term not exceeding 14 years or to a fine or to both.
(10) No person shall be guilty of an offence under this Article in respect of anything done by the person in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Law or of any enactment relating to criminal conduct or the proceeds of such conduct.
(11) No prosecution shall be instituted for an offence under this Article without the consent of the Attorney General.
34 Concealing or transferring proceeds of criminal conduct
(1) A person is guilty of an offence if the person -
(a) conceals or disguises any property that is or in whole or in part represents the person’s proceeds of criminal conduct; or
(b) converts or transfers that property or removes it from the jurisdiction, for the purpose of avoiding prosecution for an offence specified in Schedule 1 or the making or enforcement in the person’s case of a confiscation order.
(2) A person is guilty of an offence if, knowing or having reasonable grounds to suspect that any property is or in whole or in part directly or indirectly represents another’s proceeds of criminal conduct, the person -
(a) conceals or disguises that property; or
(b) converts or transfers that property or removes it from the jurisdiction, for the purpose of assisting any person to avoid prosecution for an offence specified in Schedule 1 or the making or enforcement in the person’s case of a confiscation order.
(3) In paragraphs (1) and (2), the references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.
(4) A person guilty of an offence under this Article is liable to imprisonment for a term not exceeding 14 years or to a fine or to both.
(5) No prosecution shall be instituted for an offence under this Article without the consent of the Attorney General.
34D Failure in a financial institution to report to police officer or nominated officer
(1) A person commits an offence if each of the following 3 conditions is satisfied.
(2) The first condition is that the person -
(a) knows or suspects; or
(b) has reasonable grounds for knowing or suspecting,
that another person is engaged in money laundering.
(3) The second condition is that the information or other matter -
(a) on which the person’s knowledge or suspicion is based; or
(b) that gives reasonable grounds for such knowledge or suspicion,
comes to him or her in the course of the carrying on of a financial services business.
(4) The third condition is that the person does not disclose the information or other matter to a police officer or to a nominated officer as soon as is practicable after it comes to him or her.
(5) A person does not commit an offence under this Article if -
(a) the person has a reasonable excuse for not disclosing the information or other matter; or
(b) the person is a professional legal adviser and the information or other matter comes to him or her in circumstances of legal privilege.
(6) A person does not commit an offence under this Article by failing to disclose any information or other matter that has come to his or her attention, if -
(a) it comes to the person in the course of his or her employment in the financial services business;
(b) the person carrying on the financial services business was required by an Order made under Article 37 to provide the employee with training, but had not done so;
(c) the training, if it had been given, would have been material; and
(d) the employee does not know or suspect that the other person concerned is engaged in money laundering.
(7) In deciding whether a person has committed an offence under this Article the court must consider whether he or she has followed any relevant guidance which was at the time concerned -
(a) issued by the Commission; and
(b) published in a manner approved by the Commission as appropriate in its opinion to bring the guidance to the attention of persons likely to be affected by it.
(8) A disclosure to a nominated officer is a disclosure which -
(a) is made to a person nominated by the employer of the person making the disclosure to receive disclosures under this Article; and
(b) is made in the course of the discloser’s employment and in accordance with the procedure established by the employer for the purpose.
(9) Where a person to whom paragraph (1) refers discloses to a police officer or a nominated officer -
(a) the person’s suspicion or belief that another person is engaged in money laundering; or
(b) any information or other matter on which that suspicion or belief is based, the disclosure shall not be treated as a breach of any restriction imposed by statute, contract or otherwise.
(10) A person who is guilty of an offence under this Article is liable to imprisonment for a term not exceeding 5 years or to a fine or to both.
36 Financial services business
(1) For the purposes of this Law, “financial services business” means a business described in Schedule 2.
(2) The States may amend Schedule 2 by Regulations, by adding, deleting, substituting or varying the description of any business.
37 Procedures to prevent and detect money laundering
(1) The Minister shall, by Order, prescribe measures to be taken (including measures not to be taken) by persons who carry on financial services business, for the purposes of preventing and detecting money laundering.
(1A) Without prejudice to the generality of paragraph (1), such measures may include -
(a) identification procedures;
(b) record keeping procedures;
(c) internal reporting procedures; and
(d) training procedures, to be maintained by persons who carry on financial services business.
(2) An Order made under this Article -
(a) may specify supervisory authorities for the purposes of the Order;
(b) may authorize or require any person who acquires information in the course of the application of any procedure under any such Order, or in the course of carrying out any function under any such Order, or under any other enactment to which the Order refers, to disclose that information to a police officer, the Commission or any person or institution with whom that person shares common ownership, management or compliance control; and
(c) may make such other provision as is reasonably necessary or incidental to the purposes of the Order.
(3) No disclosure in accordance with an Order made under this Article to any person mentioned in paragraph (2)(b) shall be treated as a breach of any restriction on disclosure imposed by any enactment or contract or otherwise or involve the person making it in liability of any kind.
(4) If a person carrying on a financial services business contravenes or fails to comply with a requirement that is contained in any Order made under this Article and applies to that business, the person shall be guilty of an offence.
(5) Where an offence under paragraph (4) by a body corporate is proved -
(a) to have been committed with the consent or connivance of; or
(b) to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he or she, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(6) Where an offence under paragraph (4) by an unincorporated association is proved -
(a) to have been committed with the consent or connivance of; or
(b) to be attributable to any neglect on the part of, a person concerned in the management or control of the association, the person, as well as the association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(7) Any person who is guilty of an offence under this Article is liable -
(a) if the person is a body corporate, to a fine; or
(b) if the person is not a body corporate, to imprisonment for a term not exceeding 2 years or to a fine or to both.
(8) In determining whether a person has complied with a requirement that is contained in any Order made under this Article, the court -
(a) shall take account of any relevant Code of Practice or guidance that applies to that person or the business carried on by that person and is issued by the supervisory body exercising supervisory functions in respect of that person; or
(b) if no such Code of Practice or guidance applies, shall take into account any relevant Code of Practice or guidance that is issued by another supervisory body; or
(c) if there is no such relevant Code of Practice or guidance, may take account of any other relevant guidance issued by a body that is representative of that person or any supervised business carried on by that person.
(9) For the purposes of paragraph (8), “Code of Practice”; “supervisory body” and “supervised business” have the same meaning as in the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008.
(10) In proceedings against a person for an offence under this Article, it is a defence to prove that the person took all reasonable steps and exercised due diligence to avoid committing the offence.
38 Recognition of external confiscation orders
(1) The States may by Regulations direct that, subject to such modifications as may be specified in the Regulations, this Law shall apply to -
(a) external confiscation orders; and
(b) proceedings which have been or are to be instituted in a country or territory outside Jersey and may result in an external confiscation order being made there.
(2) Without prejudice to the generality of paragraph (1), Regulations made under it may make -
(a) such provision as to the evidence or proof of any matter for the purposes of such Regulations and Article 39; and
(b) such incidental, consequential and transitional provision, as appears to the States to be necessary or expedient.
39 Registration of external confiscation orders
(1) On the application of the Attorney General, the Court may register an external confiscation order if -
(a) the Court is satisfied that at the time of registration the order is in force and is not subject to appeal;
(b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that the person received notice of the proceedings in sufficient time to enable the person to defend them; and
(c) it is of the opinion that enforcing the order in Jersey would not be contrary to the interests of justice.
(2) In paragraph (1), “appeal” includes -
(a) any proceedings by way of discharging or setting aside a judgment; and
(b) an application for a new trial or a stay of execution.
(3) The Court shall cancel the registration of an external confiscation order if it appears to the Court that the order has been satisfied by the payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.
40 Investigations relating to proceeds of criminal conduct
(1) A police officer may, for the purposes of an investigation into whether any person has benefited from any criminal conduct or into the extent or whereabouts of the proceeds of any criminal conduct, apply to the Bailiff for an order under paragraph (2) in relation to particular material or material of a particular description.
(2) If, on such an application, the Bailiff is satisfied that the conditions in paragraph (4) are fulfilled, the Bailiff may make an order that the person who appears to be in possession of the material to which the application relates shall -
(a) produce it to a police officer for the police officer to take away; or
(b) give a police officer access to it and, if so required by the police officer, permit him or her to make copies of it, within such period as the order may specify.
(3) The period to be specified in an order under paragraph (2) shall be 7 days unless it appears to the Bailiff that a longer or shorter period would be appropriate in the particular circumstances of the application.
(4) The conditions to which paragraph (2) refers are -
(a) that there are reasonable grounds for suspecting that a specified person has benefited from any criminal conduct;
(b) that there are reasonable grounds for suspecting that the material to which the application relates -
(i) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made, and
(ii) does not consist of or include items subject to legal privilege; and
(c) that there are reasonable grounds for believing that it is in the public interest that the material should be produced or that access to it should be given, having regard -
(i) to the benefit likely to accrue to the investigation if the material is obtained, and
(ii) to the circumstances under which the person in possession of the material holds it.
(5) Where the Bailiff makes an order under paragraph (2) giving a police officer access to material on any premises the Bailiff may, on the application of a police officer, order any person who appears to the Bailiff to be entitled to grant entry to the premises to allow a police officer to enter the premises to obtain access to the material.
(6) An application under paragraph (1) or (5) may be made ex parte to the Bailiff in chambers.
(7) An application for the discharge or variation of an order under this Article may be made to the Bailiff in chambers, and the Bailiff may rule upon the application or may, at the Bailiff’s discretion, refer it to the Court for adjudication.
(8) Where the material to which an application under paragraph (1) relates consists of information contained in a computer -
(a) an order under paragraph (2) to produce material to a police officer for the police officer to take away shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and
(b) an order under paragraph (2) giving a police officer access to material shall have effect as an order to give access to the material in a form in which it is visible and legible.
(9) An order under paragraph (2) -
(a) shall not confer any right to production of, or access to, items subject to legal privilege;
(b) shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by any statute or contract or otherwise; and
(c) may be made in relation to material in the possession of a States department.
(10) No application may be made under this Article without the consent of the Attorney General or a Crown Advocate.
(11) Provision may be made by Rules of Court for the manner in which applications may be made under this Article.
(12) A person who, without reasonable excuse -
(a) fails to comply with an order under this Article; or
(b) obstructs a police officer who is acting or attempting to act in pursuance of such an order, is guilty of an offence and liable to imprisonment for a term not exceeding 2 years or to a fine or to both.
(13) If a person -
(a) knows or suspects that an investigation to which paragraph (1) refers is being or is likely to be carried out; and
(b) falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of material that the person knows or suspects is or would be relevant to such an investigation,
the person shall be guilty of an offence and liable to imprisonment for 7 years or to a fine or to both, unless the person proves that the act or omission was inadvertent.
41A Financial information and monitoring
(1) Part 1 of Schedule 3 shall have effect in respect of the obtaining of financial information.
(2) Part 2 of Schedule 3 shall have effect in respect of account monitoring orders.
SCHEDULE 1
OFFENCES FOR WHICH CONFISCATION ORDERS MAY BE MADE
Any offence in Jersey for which a person is liable on conviction to imprisonment for a term of one or more years (whether or not the person is also liable to any other penalty) but not being a drug trafficking offence.
SCHEDULE 2
FINANCIAL SERVICES BUSINESS
PART A:
BUSINESS REGULATED BY THE COMMISSION UNDER REGULATORY LAWS
1. Any deposit-taking business as defined in Article 1 of the Banking Business (Jersey) Law 1991 except the doing of anything described in Article 8(2)(a) to (c) of that Law.
2. Any long-term business as defined in Article 1(1) of the Insurance Business (Jersey) Law 1996 except -
(a) insurance business described in Article 5(5)(a) of that Law;
(b) insurance business described in Article 1 of the Insurance Business (General Provisions) (Jersey) Order 1996.
3.(1) Any of the following within the meaning of the Collective Investment Funds (Jersey) Law 1988 -
(a) the business of being a functionary;
(b) the business of a recognized fund;
(c) the business of an unclassified fund.
(2) However, business referred to in sub-paragraph (1) does not include the business of a company, being a company issuing units that is within Article 1A of the Collective Investment Funds (Permits) (Exemptions) (Jersey) Order 1994.
4. Financial service business as defined in Article 1(1) of the Financial Services (Jersey) Law 1998 -
(a) including the activities described in Schedule 2 to that Law except those mentioned in -
(i) paragraphs 1, 3B, 3C, 4, 10, 14, 15, 18A and 21,
(ii) paragraph 7 where a person accepts or becomes a party to an instrument as principal,
(iii) paragraph 8 where the persons described in sub-paragraphs (1), (2) or (3) are connected companies, except in the circumstances described at the end of sub-paragraph (2) or (3),
(iv) paragraph 16 except where a person is acting as a protector of a trust by way of business,
(v) paragraph 18, where the relevant special purpose vehicle is provided with any service that falls within Article 2(3) and (4) of the Financial Services (Jersey) Law 1998 by a person registered under that Law to carry on trust company business;
(b) excluding general insurance mediation business;
(c) excluding investment business carried on by an overseas person mentioned in Article 1 of the Financial Services (Investment Business (Overseas Persons—Exemption)) (Jersey) Order 2001 where that business is carried on in the circumstances described in that Order;
(ca) excluding special purpose investment business carried on in accordance with the exemption set out in the Financial Services (Investment Business (Special Purpose Investment Business—Exemption)) (Jersey) Order 2001 by a person who -
(i) is acting as a functionary within the meaning of that Order, and
(ii) is provided with any service that falls within Article 2(3) and (4) of the Financial Services (Jersey) Law 1998 by a person registered under that Law to carry on trust company business or is provided with any service within fund services business (within the meaning of that Law) by a person who is registered under that Law to carry on fund services business;
(cb) excluding restricted investment business carried on in accordance with the exemption set out in the Financial Services (Investment Business (Restricted Investment Business—Exemption)) (Jersey) Order 2001 by a person who -
(i) is acting as a functionary within the meaning of that Order, and
(ii) is provided with any service that falls within Article 2(3) and (4) of the Financial Services (Jersey) Law 1998 by a person registered under that Law to carry on trust company business or is provided with any service within fund services business (within the meaning of that Law) by a person who is registered under that Law to carry on fund services business;
(d) excluding trust company business carried on by a person specified in any of the paragraphs in the Schedule to the Financial Services (Trust Company Business (Exemptions)) (Jersey) Order 2000 specified below where the business is carried on in the circumstances described in that paragraph -
(i) paragraph 4 (private trust company business),
(ii) paragraph 8 (address providers),
(iii) paragraph 11 (connected company),
(iv) paragraph 12 (introducer),
(v) paragraph 13 (director),
(vi) paragraph 15 (director—registered person),
(vii) paragraph 16 (liquidators and trustees in bankruptcy of persons other than registered persons),
(viii) paragraph 18 (recruitment agents);
(e) excluding trust company business carried on by a person specified in any of the paragraphs in the Schedule to the Financial Services (Trust Company Business (Exemptions No. 2) (Jersey) Order 2000 specified below where that business is carried on in the circumstances described in that paragraph -
(i) paragraph 1 (overseas persons),
(ii) paragraph 2 (unit holding nominee company),
(iii) paragraph 3 (electronic communications service providers);
(f) excluding trust company business carried on by a person specified in any of the paragraphs of the Schedule to the Financial Services (Trust Company
Business (Exemptions No. 3)) (Jersey) Order 2001 specified below where that business is carried on in the circumstances described in that paragraph -
(i) paragraph 1 (private protector company),
(ii) paragraph 2 (general partner),
(iii) paragraph 4 (investment company subsidiary);
(g) excluding trust company business carried on by a person specified in paragraph 1 (connected persons) of the Schedule to the Financial Services (Trust Company Business (Exemptions No. 4)) (Jersey) Order 2001 where that business is carried on in the circumstances mentioned in that paragraph;
(h) excluding trust company business carried on in accordance with the exemption set out in the Financial Services (Trust Company Business (Exemptions No. 5)) (Jersey) Order 2001 by a person who -
(i) is specified in the Schedule to that Order, and
(ii) is provided with any service that falls within Article 2(3) and (4) of the Financial Services (Jersey) Law 1998 by a person registered under that Law to carry on trust company business;
(i) excluding money service business specified in Article 3 of the Financial Services (Money Service Business) (Exemptions) (Jersey) Order 2007.
PART B:
OTHER BUSINESS
1 Lawyers
(1) The business of providing services by independent legal professionals.
(2) In this paragraph “independent legal professionals” means those who by way of business provide legal or notarial services to third parties when participating in financial, or immovable property, transactions concerning any of the following -
(a) the buying and selling of immovable property or business entities;
(b) the buying and selling of shares the ownership of which entitles the owner to occupy immovable property;
(c) the managing of client money, securities or other assets;
(d) the opening or management of bank, savings or securities accounts;
(e) the organization of contributions necessary for the creation, operation or management of companies; or
(f) the creation, operation or management of trusts, companies or similar structures.
(3) Sub-paragraph (2) does not include legal professionals employed by public authorities or undertakings which do not by way of business provide legal services to third parties.
(4) For the purposes of this paragraph, a person participates in a transaction by assisting in the planning or execution of the transaction or otherwise acting for or on behalf of a third party in the transaction.
2 Accountants
(1) The business of providing any of the following -
(a) external accountancy services;
(b) advice about the tax affairs of another person;
(c) audit services; or
(d) insolvency services.
(2) “External accountancy services” means accountancy services provided to third parties and excludes services provided by accountants employed by public authorities or by undertakings which do not by way of business provide accountancy services to third parties.
(3) “Audit services” are audit services provided by way of business pursuant to any function under any enactment.
(4) “Insolvency services” are services provided by a person if, by way of business, that person accepts appointment as -
(a) a liquidator under Chapter 4 of Part 21 of the Companies (Jersey) Law 1991;
(b) an insolvency manager appointed under Part 5 of the Limited Liability Partnerships (Jersey) Law 1997 as that Law has effect in its application to insolvent limited liability partnerships pursuant to the Limited Liability Partnerships (Insolvent Partnerships) (Jersey) Regulations 1998; or
(c) as agent of an official functionary appointed in the case of a remise de biens, cession, or désastre.
3 Estate agency services
(1) The business of providing estate agency services for or on behalf of third parties concerning the buying or selling of freehold (including flying freehold) or leasehold property (including commercial and agricultural property), whether the property is situated in Jersey or overseas.
(2) The business of providing estate agency services for or on behalf of third parties concerning the buying or selling of shares the ownership of which entitles the owner to occupy immovable property, whether the property is situated in Jersey or overseas.
4 Services provided by high value dealers
(1) “High value dealers” means persons who, by way of business, trade in goods when they receive, in respect of any transaction, a payment or payments in cash of at least 15,000 Euros (or sterling equivalent) in total, whether the transaction is executed in a single operation or in several operations which appear to be linked.
(2) In this paragraph, “cash” means any of the following in any currency—notes, coins, travellers’ cheques, bearer negotiable instruments.
5 Casinos (including internet casinos)
(1) The business of operating a casino.
(2) For the purposes of this Law, a casino is an arrangement whereby people are given an opportunity to participate in one or more casino games.
(3) “Casino game” means a game of chance -
(a) that involves playing or staking against a bank (whether described as a “bank” and whether or not controlled or administered by a player); and
(b) where the chances are not equally favourable to all participants.
(4) For the avoidance of doubt, the provision of the game commonly known as Crown and Anchor in the circumstances permitted under Regulation 9 of the Gambling (Gaming and Lotteries) (Jersey) Regulations 1965 does not fall within sub-paragraph (1).
6 Unregulated funds
The business of an unregulated fund, being an unregulated fund within the meaning of the Collective Investment Funds (Unregulated Funds) (Jersey) Order 2008.
7 Other services
(1) The business of providing any of the following services to third parties, where the business is not otherwise included in this Schedule -
(a) acceptance of deposits and other repayable funds from the public;
(b) lending, including consumer credit, mortgage credit, factoring (with or without recourse), financing of commercial transactions (including forfeiting);
(c) financial leasing;
(d) money transmission services;
(e) issuing and administering means of payment (such as credit and debit cards, cheques, travellers’ cheques, money orders and bankers’ drafts, and electronic money);
(f) guarantees and commitments;
(g) trading for the account of third parties in -
(i) money market instruments (cheques, bills, certificates of deposit, derivatives etc.),
(ii) foreign exchange,
(iii) futures and options (financial and commodity),
(iv) exchange, interest rate and index instruments,
(v) transferable securities;
(h) participation in securities issues and the provision of services related to such issues;
(i) advice to undertakings on capital structure, industrial strategy and related questions and advice as well as services relating to mergers and the purchase of undertakings;
(j) money broking;
(k) portfolio management and advice;
(l) safekeeping and administration of securities;
(m) safe custody services;
(n) otherwise investing, administering or managing funds or money on behalf of third parties.
(2) A reference in this paragraph to providing services to third parties shall not include a company’s providing a service to a connected company.
(3) For the purposes of this paragraph, a company is connected with another company if -
(a) the companies are in the same group;
(b) one is entitled, either alone or with any other company in the same group, to exercise or control the exercise of a majority of the voting rights (other than as nominee shareholder) which are attributable to the share capital and are exercisable in all circumstances at any general meeting of the other company or of its holding company; or
(c) the first-mentioned company holds, or a company in the same group as the first-mentioned company holds, an interest in the equity share capital of the other company carrying rights to vote in all circumstances at general meetings for the purpose of securing a contribution to the activities of the first-mentioned company or the company in the same group as that company respectively by the exercise of control or influence arising from that interest.
(4) In this paragraph, “group” and “holding company” have the same meanings as in the Financial Services (Jersey) Law 1998.
8 The business of forming and administering legal persons or arrangements
The business of providing services to or in respect of types of legal person or arrangement other than those described in Article 2(5)(a) and (b) of the Financial Services (Jersey) Law 1998, in the course of which services are provided that are similar or equivalent to those described in Article 2(4) of that Law as if Article 2(4) referred to that type of legal person or arrangement.
Terrorism (Jersey) Law 2002
2 “Terrorism”
(1) In this Law “terrorism” means the use or threat of action where -
(a) the action falls within paragraph (2);
(b) the use or threat is designed to influence the States of Jersey or the government of any other place or country or to intimidate the public or a section of the public; and
(c) the use or threat is made for the purpose of advancing a political, religious or ideological cause.
(2) Action falls within this paragraph if it -
(a) involves serious violence against a person;
(b) involves serious damage to property;
(c) endangers a person’s life, other than that of the person committing the action;
(d) creates a serious risk to the health or safety of the public or a section of the public; or
(e) is designed seriously to interfere with or seriously to disrupt an electronic system.
(3) The use or threat of action falling within paragraph (2) which involves the use of firearms or explosives is terrorism whether or not paragraph (1)(b) is satisfied.
(4) In this Article -
(a) “action” includes action outside Jersey;
(b) a reference to any person or to property is a reference to any person, or to property wherever situated;
(c) a reference to the public includes a reference to the public of a place or country other than Jersey.
(5) In this Law a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organization.
3 “Terrorist property”
(1) In this Law “terrorist property” means -
(a) property which is likely to be used for the purposes of terrorism (including any resources of a proscribed organization);
(b) proceeds of the commission of acts of terrorism; and
(c) proceeds of acts carried out for the purposes of terrorism.
(2) In paragraph (1) -
(a) a reference to proceeds of an act includes a reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments or other rewards in connection with its commission); and
(b) the reference to an organization’s resources includes a reference to any property which is applied or made available, or is to be applied or made available, for use by the organization.
13 Support
(1) A person commits an offence if -
(a) he or she invites support for a proscribed organization; and
(b) the support is not, or is not restricted to, the provision of property (within the meaning of Article 16).
(2) A person commits an offence if he or she arranges, manages or assists in arranging or managing a meeting which he or she knows is -
(a) to support a proscribed organization;
(b) to further the activities of a proscribed organization; or
(c) to be addressed by a person who belongs or professes to belong to a proscribed organization.
(3) A person commits an offence if he or she addresses a meeting and the purpose of his or her address is to encourage support for a proscribed organization or to further its activities.
(4) Where a person is charged with an offence under paragraph (2)(c) in respect of a private meeting it is a defence for the person to prove that he or she had no reasonable cause to believe that the address mentioned in paragraph (2)(c) would support a proscribed organization or further its activities.
(5) In paragraph (2) to (4) -
(a) “meeting” means a meeting of 3 or more persons, whether or not the public are admitted; and
(b) a meeting is private if the public are not admitted.
(6) A person guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 10 years or to a fine, or both.
15 Fund-raising
(1) A person commits an offence if he or she -
(a) invites another to provide property; and
(b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
(2) A person commits an offence if he or she -
(a) receives property; and
(b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
(3) A person commits an offence if he or she -
(a) provides property; and
(b) knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
(4) A person guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 14 years or to a fine, or both.
(5) In this Article, a reference to the provision of property is a reference to its being given, lent or otherwise made available, whether or not for consideration.
16 Use and possession
(1) A person commits an offence if he or she uses property for the purposes of terrorism.
(2) A person commits an offence if he or she -
(a) possesses property; and
(b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
(3) A person guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 14 years or to a fine, or both.
17 Funding arrangements
(1) A person commits an offence if -
(a) he or she enters into or becomes concerned in an arrangement as a result of which property is made available or is to be made available to another; and
(b) he or she knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
(2) A person guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 14 years or to a fine, or both.
18 Money laundering
(1) A person commits an offence if he or she enters into or becomes concerned in an arrangement which facilitates the retention or control by or on behalf of another person of terrorist property -
(a) by concealment;
(b) by removal from Jersey;
(c) by transfer to nominees; or
(d) in any other way.
(2) It is a defence for a person charged with an offence under paragraph (1) to prove that he or she did not know and had no reasonable cause to suspect that the arrangement related to terrorist property.
(3) A person guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 14 years or to a fine, or both.
19 Articles 15 to 18: jurisdiction
(1) If -
(a) a person does anything outside Jersey; and
(b) the person’s action would have constituted the commission of an offence under any of Articles 15 to 18 if it had been done in Jersey,
he or she shall be guilty of the offence.
(2) For the purposes of paragraph (1)(b), Article 18(1)(b) shall be read as if for “Jersey” there were substituted “any country or place outside Jersey”.
20 Disclosure of information: duty
(1) This Article applies where a person -
(a) believes or suspects that another person has committed an offence under any of Articles 15 to 18; and
(b) bases his or her belief or suspicion on information which comes to his or her attention in the course of a trade, profession, business or employment.
(2) But this Article shall not apply if the information came to the person in the course of the business of a financial institution.
(3) The person commits an offence if he or she does not disclose to an officer of the Force or customs officer as soon as is reasonably practicable -
(a) his or her belief or suspicion; and
(b) the information on which it is based.
(4) It is a defence for a person charged with an offence under paragraph (3) to prove that he or she had a reasonable excuse for not making the disclosure.
(5) Where -
(a) a person is in employment;
(b) the person’s employer has established a procedure for the making of disclosures of the matters specified in paragraph (3); and
(c) he or she is charged with an offence under that paragraph, it is a defence for the person to prove that he or she disclosed the matters specified in that paragraph in accordance with the procedure.
(6) Paragraph (3) does not require disclosure by a professional legal adviser of -
(a) information which the professional legal adviser obtains in privileged circumstances; or
(b) a belief or suspicion based on information which the professional legal adviser obtains in privileged circumstances.
(7) For the purpose of paragraph (6) information is obtained by an adviser in privileged circumstances if it comes to him or her, otherwise than with a view to furthering a criminal purpose -
(a) from a client or a client’s representative, in connection with the provision of legal advice by the adviser to the client;
(b) from a person seeking legal advice from the adviser, or from the person’s representative; or
(c) from any person, for the purpose of actual or contemplated legal proceedings.
(8) For the purposes of paragraph (1)(a) a person shall be treated as having committed an offence under one of Articles 15 to 18 if -
(a) he or she has taken an action or been in possession of a thing; and
(b) he or she would have committed an offence under one of those Articles if the person had been in Jersey at the time when he or she took the action or was in possession of the thing.
(9) A person guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 5 years or to a fine, or both.
21 Disclosure of information: permission
(1) A person may disclose to an officer of the Force or customs officer -
(a) a suspicion or belief that any property is terrorist property or is derived from terrorist property;
(b) any matter on which the suspicion or belief is based.
(2) A person may make a disclosure to an officer of the Force or customs officer in the circumstances mentioned in Article 20(1) and (2).
(3) Paragraphs (1) and (2) shall have effect notwithstanding any restriction on the disclosure of information imposed by any enactment or otherwise.
(4) Where -
(a) a person is in employment; and
(b) the person’s employer has established a procedure for the making of disclosures of the kinds mentioned in paragraph (1) and Article 20(3), paragraphs (1) and (2) shall have effect in relation to that person as if any reference to disclosure to an officer of the Force included a reference to disclosure in accordance with the procedure.
22 Co-operation with police
(1) A person does not commit an offence under any of Articles 15 to 18 if he or she is acting with the express consent of an officer of the Force or customs officer.
(2) Subject to paragraphs (3) and (4), a person does not commit an offence under any of Articles 15 to 18 by involvement in a transaction or arrangement relating to property if the person discloses to an officer of the Force or customs officer -
(a) his or her suspicion or belief that the property is terrorist property; and
(b) the information on which his or her suspicion or belief is based.
(3) Paragraph (2) applies only where a person makes a disclosure -
(a) after the person becomes concerned in the transaction concerned;
(b) on his or her own initiative; and
(c) as soon as reasonably practicable.
(4) Paragraph (2) does not apply to a person if -
(a) an officer of the Force or customs officer forbids him or her to continue his or her involvement in the transaction or arrangement to which the disclosure relates; and
(b) the person continues his or her involvement.
(5) It is a defence for a person charged with an offence under any of Articles 15(2) and (3) and 16 to 18 to prove that -
(a) the person intended to make a disclosure of the kind mentioned in paragraphs (2) and (3); and
(b) there is reasonable excuse for his or her failure to do so.
(6) Where -
(a) a person is in employment; and
(b) the person’s employer has established a procedure for the making of disclosures of the same kind as may be made to an officer of the Force or customs officer under paragraph (2),
this Article shall have effect in relation to that person as if any reference to disclosure to an officer of the Force or customs officer included a reference to disclosure in accordance with the procedure.
(7) A reference in this Article to a transaction or arrangement relating to property includes a reference to use or possession.
23 Failure to disclose: financial institutions
(1) A person commits an offence if each of the following 3 conditions is satisfied.
(2) The first condition is that the person -
(a) knows or suspects; or
(b) has reasonable grounds for knowing or suspecting, that another person has committed an offence under any of Articles 15 to 18.
(3) The second condition is that the information or other matter -
(a) on which the person’s knowledge or suspicion is based; or
(b) which gives reasonable grounds for such knowledge or suspicion, came to him or her in the course of the business of a financial institution.
(4) The third condition is that the person does not disclose the information or other matter to an officer of the Force, a customs officer or a nominated officer as soon as is practicable after it comes to him or her.
(5) But a person does not commit an offence under this Article if -
(a) the person has a reasonable excuse for not disclosing the information or other matter;
(b) the person is a professional legal adviser and the information or other matter came to him or her in privileged circumstances.
(5A) A person does not commit an offence under this Article by failing to disclose any information or other matter that has come to his or her attention, if -
(a) it comes to the person in the course of his or her employment in the financial institution;
(b) the financial institution was required by an Order made under Article 37 of the Proceeds of Crime (Jersey) Law 1999 to provide the employee with training, but had not done so;
(c) the training, if it had been given, would have been material; and
(d) the employee does not know or suspect that the other person concerned had committed an offence under any of Articles 15 to 18.
(6) In deciding whether a person has committed an offence under this Article, the court -
(a) shall take account of any relevant Code of Practice or guidance that applies to that person or the business carried on by that person and is issued by the supervisory body exercising supervisory functions in respect of that person; or
(b) if no such Code of Practice or guidance applies, shall take into account any relevant Code of Practice or guidance that is issued by another supervisory body; or
(c) if there is no such relevant Code of Practice or guidance, may take account of any other relevant guidance issued by a body that is representative of that person or any supervised business carried on by that person.
(6A) For the purposes of paragraph (6), “Code of Practice”; “supervisory body” and “supervised business” have the same meaning as in the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008.
(7) A disclosure to a nominated officer is a disclosure which -
(a) is made to a person nominated by the employer of the person making the disclosure to receive disclosures under this Article; and
(b) is made in the course of the discloser’s employment and in accordance with the procedure established by the employer for the purpose.
(8) Information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated or given to him or her -
(a) by (or by a representative of) a client of the legal adviser in connection with the giving by the adviser of legal advice to the client;
(b) by (or by a representative of) a person seeking legal advice from the adviser; or
(c) by a person in connection with legal proceedings or contemplated legal proceedings.
(9) But paragraph (8) does not apply to information or other matter which is communicated or given with a view to furthering a criminal purpose.
(10) For the purposes of paragraph (2), a person is to be taken to have committed an offence there mentioned if -
(a) the person has taken action or been in possession of a thing; and
(b) the person would have committed the offence if he or she had been in Jersey at the time when he or she took the action or was in possession of the thing.
(11) A person guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 5 years or to a fine, or both.
24 Protected disclosures
(1) A disclosure which satisfies the following 3 conditions is not to be taken to breach any restriction on the disclosure of information (however imposed).
(2) The first condition is that the information or other matter disclosed came to the person making the disclosure in the course of the business of a financial institution.
(3) The second condition is that the information or other matter -
(a) causes the discloser to know or suspect; or
(b) gives him or her reasonable grounds for knowing or suspecting, that another person has committed an offence under any of Articles 15 to 18.
(4) The third condition is that the disclosure is made to an officer of the Force or a customs officer or nominated officer as soon as is practicable after the information or other matter comes to the discloser.
(5) A disclosure to a nominated officer is a disclosure which -
(a) is made to a person nominated by the discloser’s employer to receive disclosures under this Article; and
(b) is made in the course of the discloser’s employment and in accordance with the procedure established by the employer for the purpose.
26 Forfeiture of property
(1) The court by or before which a person is convicted of an offence under any of Articles 15 to 18 may make a forfeiture order in accordance with the provisions of this Article.
(2) Where a person is convicted of an offence under Article 15(1) or (2) or Article 16 the court may order the forfeiture of any property -
(a) which, at the time of the offence, the person had in his or her possession or under his or her control; and
(b) which, at that time, the person intended should be used, or had reasonable cause to suspect might be used, for the purposes of terrorism.
(3) Where a person is convicted of an offence under Article 15(3) the court may order the forfeiture of any property -
(a) which, at the time of the offence, the person had in his or her possession or under his or her control; and
(b) which, at that time, the person knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.
(4) Where a person is convicted of an offence under Article 17 the court may order the forfeiture of the property -
(a) to which the arrangement in question related; and
(b) which, at the time of the offence, the person knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.
(5) Where a person is convicted of an offence under Article 18 the court may order the forfeiture of the property to which the arrangement in question related.
(6) Where a person is convicted of an offence under any of Articles 15 to 18, the court may order the forfeiture of any property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection with the commission of the offence.
(7) Where a person other than the convicted person claims to be the owner of or otherwise interested in anything which can be forfeited by an order under this Article, the court shall give him or her an opportunity to be heard before making an order.
(8) Schedule 3 shall have effect to make further provision for forfeiture orders under this Article.
31 Powers
Schedule 5 shall have effect to confer powers required for the purposes of a terrorist investigation.
32 Financial information
Schedule 6 shall have effect to confer powers required to obtain financial information.
33 Account monitoring orders
Schedule 7 shall have effect to confer further powers to obtain information regarding terrorist finance.
Customs and Excise (Jersey) Law 1999
37B Officer may require disclosure of cash
An officer may require a person who is exporting or importing goods -
(a) to disclose if the goods consist of or include cash with a value in excess of the prescribed amount; and
(b) to answer questions in respect of any such cash.
37C Persons entering and leaving Jersey
(1) An officer may require a person entering or leaving Jersey -
(a) to disclose the value of any cash -
(i) contained in his or her baggage, or
(ii) carried with the person;
(b) to answer question in respect of any such cash; and
(c) to produce his or her baggage for inspection by the officer.
(2) A person who, when required to produce his or her baggage, refuses or fails to do so, is guilty of an offence and is liable to a fine of -
(a) level 3 on the standard scale; or
(b) an amount equal to 3 times the value of the cash not disclosed, whichever is the higher.
(3) Where an officer reasonably suspect that a person entering or leaving Jersey is carrying cash with a value in excess of the proscribed amount, the officer may -
(a) where the officer is of the same sex as the person, search the person; or
(b) request an officer of the same sex as the person to do so.
(4) A person who is to be searched may require to be taken before a Jurat of the Royal Court or a superior of the officer who must -
(a) consider the grounds for the officer’s suspicion; and
(b) direct whether the search is to take place.
37D Offences in respect of disclosures
(1) A person who, when required to make a disclosure refuses to do so is guilty of an offence and is liable to imprisonment for 2 years and a fine.
(2) A person who, when required to make a disclosure makes a disclosure, orally or in writing, that is untrue in a material particular is guilty of an offence and is liable -
(a) if the statement was made knowingly or recklessly, to imprisonment for 2 years and a fine; or
(b) in any other case, to a fine of level 4 on the standard scale.
37E Postal packet
(1) This Article applies where an officer reasonably suspects that a postal packet imported into or posted for export from Jersey contains cash with a value in excess of the prescribed amount.
(2) The proper postal officer must comply with any direction of the officer -
(a) to produce the packet to the officer; and
(b) to open it to permit its contents to be examined by the officer.
37F Cash on ships and aircraft
(1) This Article applies where an officer reasonably suspects that there is on board -
(a) a ship lying within the territorial sea adjacent to Jersey; or
(b) an aircraft at any place within the territory of Jersey, cash with a value in excess of the prescribed amount.
(2) The officer may search the ship or aircraft.
36G Questions and information
(1) The questions that an officer may ask under this Part in respect of cash include questions about its origin and its intended use.
(2) An officer may require evidence to be produced to the officer’s satisfaction in support of any information provided under this Part.
(3) The Agent of the Impôts may issue directions in respect of the questions that an officer may ask under this Part and the manner in which answers are to be recorded.
Proceeds of Crime (Cash Seizure) (Jersey) Law 2008
4 Seizure of cash
(1) An authorized officer may seize any cash if he or she has reasonable grounds for suspecting that it is tainted cash.
(2) An authorized officer may also seize cash, part of which he or she has reasonable grounds for suspecting to be tainted cash, if it is not reasonably practicable to seize only that part.
(3) If an authorized officer seizes cash under this Article, he or she shall provide to the person who appears to have had possession of the cash immediately before the seizure, or on whose premises the seized cash was found, a receipt specifying the amount, denominations and currency of the cash.
5 Seized cash may be detained initially for 48 hours
Cash seized under this Law may be detained, initially, for a period of up to 48 hours, if the authorized officer continues during that period to have reasonable grounds for his or her suspicion under Article 4 that part or all of the cash is tainted cash.
6 Orders authorizing detention of cash for longer than 48 hours
(1) The Attorney General, or, with the consent of the Attorney General, an authorized officer, may apply to the Bailiff for an order to be made under paragraph (2) in relation to cash seized under this Law.
(2) The Bailiff may, after receiving an application under paragraph (1), make an order (a “cash detention order”) authorizing the detention, for a period specified in the order, of the cash to which the application relates.
(3) The Bailiff may only make a cash detention order in relation to cash if he or she is satisfied -
(a) that there are reasonable grounds for suspecting that the cash is tainted cash; and
(b) that the continued detention of the cash is justified while its origin or derivation is further investigated or consideration is given to bringing (in Jersey or elsewhere) proceedings against any person for an offence -
(i) in which the cash was used or intended to be used, or
(ii) in which, or from the proceeds of which, or in connection with which, the tainted cash was obtained.
(4) More than one application may be made under paragraph (1) in relation to cash seized under this Law.
(5) An application may only be made under paragraph (1) before the expiry of the authority for detention of the cash, whether detention is authorized under Article 5 or by a cash detention order.
(6) A cash detention order -
(a) may only authorize the detention of the cash for a period not exceeding 3 months, beginning with the date of the order;
(b) shall not authorize the detention of the cash for an aggregate period of more than 2 years, beginning with the date of the first cash detention order made in relation to it.
(7) A cash detention order shall provide for notice to be given to persons affected by it.
9 Forfeiture of seized cash
(1) The Attorney General may apply to the Royal Court for an order to be made under paragraph (2) in relation to any cash that has been seized and detained under this Law.
(2) The Royal Court shall, if it receives an application under paragraph (1) in relation to any cash seized and detained under this Law, make an order (a “forfeiture order”) forfeiting the cash, unless the person against whom the order would be made satisfies the court that the cash is not tainted cash.
(3) Proceedings under this Article are civil proceedings.
(4) An order may be made under this Article whether or not proceedings are brought against any person for an offence with which the cash in question is connected.
(5) Any cash that is forfeited under a forfeiture order shall be paid into a special fund, within the meaning of the Public Finances (Jersey) Law 2005, that is designated by an Order made by the Minister for Treasury and Resources.
Extradition (Jersey) Law 2004
3 “Extradition offence”—persons not sentenced
(1) This Article applies to conduct of a person who -
(a) is accused in a designated territory of the commission of an offence constituted by the conduct but has not been convicted of the offence; or
(b) is alleged to be unlawfully at large after conviction by a court in a designated territory of an offence constituted by the conduct, and has not been sentenced for the offence.
(2) The conduct constitutes an extradition offence in relation to the designated territory if -
(a) the conduct occurs in the designated territory;
(b) the conduct would constitute an offence under the law of Jersey, punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment, if it occurred in Jersey; and
(c) the conduct is so punishable under the law of the designated territory (however it is described in that law).
(3) The conduct also constitutes an extradition offence in relation to the designated territory if -
(a) the conduct occurs outside the designated territory;
(b) the conduct is punishable under the law of the designated territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law); and
(c) in corresponding circumstances, equivalent conduct would constitute an extra-territorial offence under the law of Jersey punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.
(4) The conduct also constitutes an extradition offence in relation to the designated territory if -
(a) the conduct occurs outside the designated territory and no part of it occurs in Jersey;
(b) the conduct would constitute an offence under the law of Jersey, punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment, if it occurred in Jersey; and
(c) the conduct is so punishable under the law of the designated territory (however it is described in that law).
(5) The conduct also constitutes an extradition offence in relation to the designated territory if -
(a) the conduct occurs outside the designated territory and no part of it occurs in Jersey;
(b) the conduct is punishable under the law of the designated territory with imprisonment or another form of detention for a term of 12 months or a greater punishment (however it is described in that law); and
(c) the conduct constitutes or, if committed in Jersey, would constitute an offence to which paragraph (6) refers.
(6) The offences to which this paragraph refers are -
(a) an offence under section 51 or section 58 of the International Criminal Court Act 2001 (c.17) of the United Kingdom as it applies to Jersey (relating to genocide, crimes against humanity and war crimes);
(b) an offence under section 52 or section 59 of that Act (relating to conduct that is ancillary to those crimes and is committed outside the jurisdiction); and
(c) an ancillary offence, as defined in section 55 or section 62 of that Act, in relation to an offence to which either of sub-paragraphs (a) and (b) refers.
4 “Extradition offence”—persons sentenced
(1) This Article applies to conduct of a person who -
(a) is alleged to be unlawfully at large after conviction, by a court in a designated territory, of the offence constituted by the conduct; and
(b) has been sentenced for the offence.
(2) The conduct constitutes an extradition offence in relation to the designated territory if -
(a) the conduct occurs in the designated territory;
(b) the conduct would constitute an offence under the law of Jersey, punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment, if it occurred in Jersey; and
(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the designated territory in respect of the conduct.
(3) The conduct also constitutes an extradition offence in relation to the designated territory if -
(a) the conduct occurs outside the designated territory;
(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the designated territory in respect of the conduct; and
(c) in corresponding circumstances, equivalent conduct would constitute an extra-territorial offence under the law of Jersey punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment.
(4) The conduct also constitutes an extradition offence in relation to the designated territory if -
(a) the conduct occurs outside the designated territory and no part of it occurs in Jersey;
(b) the conduct would constitute an offence under the law of Jersey, punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment, if it occurred in Jersey; and
(c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the designated territory in respect of the conduct.
(5) The conduct also constitutes an extradition offence in relation to the designated territory if -
(a) the conduct occurs outside the designated territory and no part of it occurs in Jersey;
(b) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the designated territory in respect of the conduct; and
(c) the conduct constitutes or, if committed in Jersey, would constitute an offence to which paragraph (6) refers.
(6) The offences to which this paragraph refers are -
(a) an offence under section 51 or section 58 of the International Criminal Court Act 2001 (c.17) of the United Kingdom as it applies to Jersey (relating to genocide, crimes against humanity and war crimes);
(b) an offence under section 52 or section 59 of that Act (relating to conduct that is ancillary to those crimes and is committed outside the jurisdiction); and
(c) an ancillary offence, as defined in section 55 or section 62 of that Act, in relation to an offence to which either of sub-paragraphs (a) and (b) refers.
7 Extradition request and certificate
(1) If the Attorney General receives a valid request for the extradition to a designated territory of a person who is in Jersey, the Attorney General shall issue a certificate under this Article.
(2) However, paragraph (1) does not apply if the Attorney General decides under Article 65 that the request is not to be proceeded with.
(3) A request for a person’s extradition is valid if it contains a statement -
(a) that the person is accused in the designated territory of the commission of an offence specified in the request; or
(b) that the person is alleged to be unlawfully at large after conviction by a court in the designated territory of an offence specified in the request, and the request is made in the approved way.
(4) A request for extradition to a designated territory that is a British overseas territory is made in the approved way if it is made by or on behalf of the person administering the designated territory.
(5) If the Hong Kong Special Administrative Region of the People’s Republic of China is a designated territory, a request for extradition to it is made in the approved way if it is made by or on behalf of the government of the Region.
(6) A request for extradition to any other designated territory is made in the approved way if it is made by -
(a) an authority of the designated territory whom the Attorney General believes to have the function of making requests for extradition in that designated territory; or
(b) a diplomatic or consular representative of the designated territory.
(7) A certificate under this Article shall certify that the request is made in the approved way.
(8) If a certificate is issued under this Article, the Attorney General shall send -
(a) the request; and
(b) the certificate, to the Magistrate.
16 Bars to extradition
(1) If the Magistrate is to proceed under this Article, the Magistrate shall decide whether the person’s extradition to the designated territory is barred by reason of -
(a) the rule against double jeopardy;
(b) extraneous considerations;
(c) the passage of time; or
(d) hostage-taking considerations.
(2) The questions in paragraph (1) shall be determined in accordance with Articles 17 to 20 (inclusive).
(3) If the Magistrate decides in the affirmative any of the questions in paragraph (1), the Magistrate shall order the person’s discharge.
(4) If the Magistrate decides each of those questions in the negative, and the person is accused of the commission of the extradition offence but it is not alleged that the person is unlawfully at large after conviction of the offence, the Magistrate shall proceed under Article 21 (relating to persons who, though accused, have not been convicted).
(5) If the Magistrate decides each of those questions in the negative, and it is alleged that the person is unlawfully at large after conviction of the extradition offence, the Magistrate shall proceed under Article 22 (relating to persons who have been convicted).
32 Specialty
(1) The Attorney General shall not order a person’s extradition to a designated territory if there are no specialty arrangements with that designated territory.
(2) Paragraph (1) does not apply if before the case was sent to the Attorney General, the person had consented under Article 62 to being extradited.
(3) There are specialty arrangements with a designated territory if (but only if) under the law of that designated territory or arrangements made between it and Jersey, a person who is extradited to the designated territory from Jersey may be dealt with in the designated territory for an offence committed before the person’s extradition only where -
(a) the offence is one to which paragraph (4) refers; or
(b) the person is first given an opportunity to leave the designated territory.
(4) The offences to which this paragraph refers are -
(a) the offence in respect of which the person is extradited;
(b) an extradition offence disclosed by the same facts as that offence, other than one in respect of which a sentence of death could be imposed;
(c) an extradition offence in respect of which the Attorney General consents to the person’s being dealt with; and
(d) an offence in respect of which the person waives the right that he or she would have had (but for this sub-paragraph) not to be dealt with for the offence.
(5) Arrangements made with a designated territory that is a Commonwealth country or a British overseas territory may be made -
(a) for a particular case;
(b) for a particular class or particular classes of case; or
(c) generally, in respect of all cases.
(6) A certificate issued by or under the authority of the Attorney General confirming the existence of arrangements with a designated territory that is a Commonwealth country or a British overseas territory and stating the terms of the arrangements is conclusive evidence of those matters.
109 Special extradition arrangements
(1) This Article applies if the Attorney General believes -
(a) that arrangements have been made between the United Kingdom on behalf of Jersey, and another territory, for the extradition of a person from Jersey to the territory; and
(b) the territory is not a designated territory.
(2) The Attorney General may certify that the conditions in sub-paragraphs (a) and (b) of paragraph (1) are satisfied in relation to the extradition of the person.
(3) If the Attorney General issues a certificate under paragraph (2), this Law shall apply in respect of the person’s extradition to the territory as if it were a designated territory of the second category.
(4) As applied by paragraph (3), this Law shall have effect -
(a) as if Articles 8(4), 10(5), 1 1(10)(b) and 21(1) were omitted; and
(b) with any other modifications specified in the certificate.
(5) A certificate under paragraph (2) in relation to a person is conclusive evidence that the conditions in sub-paragraphs (a) and (b) of paragraph (1) are satisfied in relation to the person’s extradition from Jersey to the territory.
Al Qa'ida and Taliban (United Nations Measures) (Channel Islands) Order 2002
Freezing of funds
8.-(1) Where the licensing authority have reasonable grounds for suspecting that the person by, for or on behalf of whom any funds are held is or may be a listed person or a person acting on behalf of a listed person, it may by notice direct that those funds are not to be made available to any person, except under the authority of a licence granted under article 7.
(2) A direction given under paragraph (1) shall specify either -
(a) the period for which it is to have effect, or
(b) that the direction is to have effect until it is revoked by notice under paragraph (3).
(3) The licensing authority may by notice revoke a direction given under paragraph (1) at any time.
(4) The expiry or revocation of a direction shall not affect the application of article 7 in respect of the funds in question.
(5) A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).
(6) A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
(7) Where a direction has been given by the licensing authority under paragraph (1), any person by, for or on behalf of whom those funds are held may apply by representation to the Royal Court for the direction to be set aside; and on such application the court may set aside the direction.
(8) A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the licensing authority and, in Jersey, to the Attorney General (and to any other person by, for or on behalf of whom those funds are held), not later than seven days before the date fixed for the hearing of the application.
(9) Any person who contravenes a direction under paragraph (1) is guilty of an offence.
(10) A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence.
Terrorism (United Nations Measures) (Channel Islands) Order 2001
Freezing of funds on suspicion
6.-(1) Where the licensing authority has reasonable grounds for suspecting that the person by, for, or on behalf of whom any funds are held is or may be -
(a) a person who commits, attempts to commit, participates in or facilitates the commission of terrorism,
(b) a person controlled or owned directly or indirectly by a person referred to in sub-paragraph (a) above,
(c) a person acting on behalf of, or at the direction of, a person referred to in sub-paragraph (a) above,
the licensing authority may by notice direct that those funds are not to be made available to that person, except under the authority of a licence granted under this article.
(2) A notice given under paragraph (1) shall specify either -
(a) the period for which it is to have effect; or
(b) that the direction is to have effect until it is revoked by notice under paragraph (3) below.
(3) The licensing authority may by notice revoke a direction given under paragraph (1) at any time.
(4) The expiry or revocation of a direction shall not affect the application of article 5 in respect of the funds in question.
(5) A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).
(6) A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
(7) Any person who contravenes a direction under paragraph (1) above shall be guilty of an offence.
(8) A recipient who fails to comply with such a requirement as is mentioned in paragraph (6) shall be guilty of an offence.
Companies (Jersey) Law 1991
67 Registered office
(1) A company shall at all times have a registered office in Jersey to which all communications and notices may be addressed.
(2) On incorporation the situation of the company’s registered office shall be that specified in the statement sent to the registrar under Article 7.
(3) The company may change the situation of its registered office from time to time by giving notice to the registrar.
(4) The change shall take effect upon the notice being registered by the registrar, but until the end of the period of 14 days beginning with the date on which it is registered a person may validly serve any document on the company at its previous registered office.
(5) For the purposes of any duty of a company -
(a) to keep at its registered office, or make available for public inspection there, any document; or
(b) to mention the address of its registered office in any document,
a company which has given notice to the registrar of a change in the situation of its registered office may act on the change as from such date, not more than 14 days after the notice is given, as it may determine.
(6) Where a company unavoidably ceases to perform at its registered office any such duty as is mentioned in paragraph (5)(a) in circumstances in which it was not practicable to give prior notice to the registrar of a change in the situation of its registered office, but -
(a) resumes performance of that duty at other premises as soon as practicable; and
(b) gives notice accordingly to the registrar of a change in the situation of its registered office within 14 days of doing so,
it shall not be treated as having failed to comply with that duty.
(7) In proceedings for an offence of failing to comply with any such duty as is mentioned in paragraph (5), it is for the person charged to show that by reason of the matters referred to in that paragraph or paragraph (6) no offence was committed.
Control of Borrowing (Jersey) Order 1958
2 Admission to membership of Jersey body corporate
A body corporate incorporated under the law of Jersey shall not, without the consent of the Commission -
(a) for any purpose issue any shares; or
(b) admit any person to membership otherwise than by reason of the issue or transfer of shares.
12 Provisions as to consent of Commission
(1) Any consent granted by the Commission under this Order -
(a) may be either general or special;
(b) may be revoked by the Commission;
(c) may be absolute or conditional; and
(d) may be limited so as to expire at the end of a specified period unless renewed.
(2) Any consent granted by the Minister under the Control of Borrowing Order 1956, shall have effect as if it had been granted under the corresponding provision of this Order.
Non-Profit Organizations (Jersey) Law 2008
4 Obligation of NPOs to register
Except as provided by Article 2, an NPO must be registered if -
(a) it is established in Jersey; or
(b) it is administered in or from Jersey, whether or not it carries on any activity in Jersey.
17 Obligation of the Commission in respect of terrorism
(1) It is an obligation of the Commission to help to determine if an NPO is assisting or being used to assist terrorism.
(2) Accordingly, the Commission -
(a) must as soon as practicable after it receives an application for the registration of an NPO or a proposed NPO consider if it raises any suspicion that the NPO or proposed NPO is assisting or being used to assist terrorism or is likely to assist or be used to assist terrorism, as the case may be;
(b) must as soon as practicable after it receives a financial statement from an NPO, consider if it raises any suspicion that the NPO is assisting or being used to assist terrorism; and
(c) may otherwise monitor the activities of each NPO.
(3) If the Commission considers that an NPO is assisting or being used to assist terrorism, it must immediately inform the Attorney General, giving the Attorney General any evidence that the Commission has for its suspicions.