Schedule 2 Business Activities - The Proceeds of Crime (Amendment No. 6) (Jersey) Order 2022 (Amendment No. 6) came into force today, Monday 30 January 2023.
Consolidated AML / CFT / CPF Handbook
The AML/CFT/CPF Handbook is effective from 31 May 2022 and is applicable to all supervised persons. Supervised persons are described as ‘relevant persons’ in the Money Laundering (Jersey) Order 2008.
Guide to the consolidated AML/CFT/CPF Handbook
Section 1 explains the legal framework underpinning the AML/CFT/CPF Codes of Practice and guidance notes.
Legislation
The Handbook contains references to paraphrased Jersey AML/CFT/CPF legislation. Refer to our legislation pages for links to the full laws.
Labelling
Label references and colour-coding have been used to make the AML/CFT/CPF Handbook easier to navigate. The key below sets out which elements of the Handbook are mandatory and which may be treated as guidance.
Glossary
If a term is defined in the glossary, it appears in the AML/CFT/CPF Handbook in italic text.
Guide to the consolidated AML/CFT/CPF Handbook
Our full consolidated Handbook document (glossary and sections 1-16) is always dated as at the latest change made anywhere in the Handbook. The standalone documents for each individual section show the date those sections were last updated. Different sections will therefore have varying effective dates based on when they were last updated.
Additional information sources
See our additional information sources - ML/TF/PF for a range of JFSC and third-party links where you can find further detail and guidance regarding money laundering, terrorist financing and proliferation financing
Terminology in the AML/CFT/CPF Handbook
The Proceeds of Crime (Supervisory Bodies)(Jersey) Law 2008, the Proceeds of Crime (Jersey) Law 1999 and the Money Laundering (Jersey) Order 2008 make up a legal framework with each piece of legislation having a different purpose. As a result, each piece of legislation uses different terminology:
The legislation above refers to:
- financial services business
- relevant persons
- Schedule 2 business
- specified Schedule 2 business
- registered persons
- regulated persons
- regulated business
Terminology we use
The AML/CFT/CPF Handbook covers persons that we supervise for compliance with the anti-money laundering and counter-terrorism legislation who are supervised persons or who carry on supervised business. Therefore, to simplify the terminology in the AML/CFT/CPF Handbook:
- where legislation is quoted, summarised or paraphrased, the terminology and definitions in that legislation are used
- the Handbook’s AML/CFT/CPF Codes of Practice and guidance notes use the terms ‘supervised person’ or ‘supervised business’, except in circumstances where sector-specific terms are used.
Key
The below table is applicable to Sections 1-16 of this Handbook:
|
Section |
Colour |
Obligation explained |
|
Section heading |
Blue |
Relates to all Supervised Persons (except Prescribed NPOs) |
|
Sub heading |
Grey |
Relates to all Supervised Persons (except Prescribed NPOs) |
|
Statutory requirements |
Light blue |
Mandatory for all Supervised Persons (except Prescribed NPOs) |
|
AML/CFT/CPF Codes of Practice |
Magenta |
Mandatory for all Supervised Persons (except Prescribed NPOs) |
|
Guidance notes |
Green |
Guidance for all Supervised Persons (except Prescribed NPOs) |
The sector specific sections of this handbook (11-16) are labelled with the relevant sector.
The below table is applicable to section 17 of this Handbook, and only concerns Prescribed NPOs.
|
Section |
Colour |
Obligation explained |
|
Section heading |
Blue |
Relates to Prescribed NPOs only |
|
Sub heading |
Grey |
Relates to Prescribed NPOs only |
|
Statutory requirements |
Light blue |
Mandatory Relates for Prescribed NPOs only |
|
Codes of Practice |
Magenta |
Mandatory Relates for Prescribed NPOs only |
|
Guidance notes |
Green |
Guidance for Prescribed NPOs only |
AML/CFT/CPF Handbook - sections 1-17 and appendices
Glossary - tracked changes 23 December 2022
General sections
Section 1 - Introduction - tracked changes 23 December 2022
Section 2 – Corporate governance
Section 2 – Corporate governance - tracked changes 23 December 2022
Section 3 – Identification measures - overview
Section 3 - Identification measures - overview - tracked changes 23 December 2022
Section 4 – Identification measures – finding out identity and obtaining evidence
Section 5 – Identification measures – reliance on obliged persons
Section 5 – Identification measures – reliance on obliged persons- tracked changes 23 December 2022
Section 6 – Ongoing monitoring
Section 6 – Ongoing monitoring - tracked changes 23 December 2022
Section 7 – Enhanced and simplified CDD measures
Section 7 – Enhanced and simplified CDD measures - tracked changes 23 December 2022
Section 8 – Reporting money laundering and terrorist financing activity
Section 9 – Screening, awareness and training of employees
Section 9 - Screening, awareness and training of employees - tracked changes 23 December 2022
Section 10 - Record keeping - tracked changes 23 December 2022
Sector-specific sections
Section 11 - Wire transfers - tracked changes 23 December 2022
Section 12 – Trust company business
Section 12 - Trust company business - tracked changes 23 December 2022
Section 13 – Funds and fund operators
Section 13 – Funds and fund operators- tracked changes 23 December 2022
Section 14 – Estate agents and high value dealers
Section 14 - Estate agents and high value dealers - tracked changes 23 December 2022
Section 15 - Lawyers - tracked changes 23 December 2022
Section 16 - Accountants - tracked changes 23 December 2022
Section 17 – Prescribed non-profit organisations
Appendices
Appendix A – JFCU’s suspicious activity report guidelines on the States of Jersey Police website
Appendix B – Equivalent countries and territories
Appendix B – Equivalent countries and territories (track changes version)
Appendix C – Written assurance template – Article 16 of the Money Laundering (Jersey) Order 2008
Appendix D1 – Countries and territories for which a FATF call for action applies