Criminal background checks (CBCs) FAQs

These frequently asked questions (FAQs) answer the questions we receive most often and may be updated over time.

What is the purpose of these FAQs?

These FAQs support the guidance in the AML/CFT/CPF Handbook and clarify operational questions we have received. We intend to support industry in the effective implementation of criminal background checks (CBCs).

Why is Jersey introducing CBCs?

We are working with the Government of Jersey to deliver these enhancements as part of the national action plan. The CBC regime aligns Jersey with Financial Action Task Force (FATF) standards and enhances the island's ability to prevent criminals or their associates from owning, controlling, or influencing supervised businesses. Further, Jersey's 2023–2024 MONEYVAL Mutual Evaluation Report identified a Priority Action requiring enhanced background checks for beneficial owners, controllers, Principal Persons (PPs), and Key Persons (KPs).

Who is subject to the new CBC regime?

The CBC regime applies to all PPs and KPs as defined in the Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 (SBJL).

Guidance in the AML/CFT/CPF Handbook clarifies specific cases, such as limited partnerships, unit trusts and other entities.

Who is responsible for obtaining CBCs?

All supervised persons, including Schedule 2 businesses, are expected to obtain criminal records checks for their PPs and KPs.

Where can I find the new requirements for the CBC regime?

The scope and requirements of the CBC regime are in the AML/CPF/CFT Handbook (31 May 2026) sections 10, 11 and 15.

When do the CBC requirements come into effect?

The regime becomes fully effective on 31 May 2026, following a lead-in period beginning 27 November 2025, to allow industry to prepare.

What is the required level of the CBC?

The required level of checks is a basic Disclosure and Barring Service (DBS) certificate or foreign equivalent. Higher-level checks (standard or enhanced DBS) may be provided where they have already been obtained.

What are the prescribed timeframes for a CBC?

CBCs must be dated within six months of the date of application or notification.

Example scenario: A firm applying to add a new director who will be a PP plans to submit the application to us on 15 July 2026. What must happen? the principal person must provide a DBS check (or foreign equivalent) that certificate must be dated within six months of the submission date i.e. no earlier than 15 January 2026

First-time applicants must provide CBCs for their current jurisdiction and every jurisdiction in which they have lived or worked for six months or more within the last 10 years. For individuals who have currently or previously held a relevant appointment, only jurisdictions lived or worked in after 31 May 2026 are relevant when making an application.

How often must CBCs be updated?

Ongoing checks must follow a risk based approach. CBCs may be relied upon for up to 12 months for subsequent applications, provided the supervised person has assessed the associated risks relating to the PP or KP and their business.

What are the triggers for obtaining CBCs?

CBCs must be obtained at market entry, for any new or additional PP or KP role, for changes in control of PP or KP roles, and on an ongoing basis using a risk-based approach to ensure continued fitness and propriety.

A CBC within the last 12 months may be relied upon for subsequent applications, otherwise fresh checks are required.

What are the roles and responsibilities regarding CBCs?

Supervised persons are responsible for obtaining, verifying, and assessing CBCs and ensuring their accuracy and reliability.

Supervised persons must maintain data protection controls consistent with General Data Protection Regulation (GDPR). We may request copies of CBCs on a case-by-case basis.

Individuals in scope are required to consent to the checks. A refusal to do so is a factor that the supervised person will need to consider and assess appropriately. CBCs are intended to help prevent individuals with relevant criminal histories from occupying key positions in financial institutions. With this in mind, refusal to provide a CBC may raise concerns about an individual’s fitness and propriety.

What if the criminal records certificate is not in English?

Where criminal records certificates are issued in a language other than English, a certified translation must be obtained.

What if CBCs are unavailable in certain jurisdictions?

Where CBCs cannot be obtained for overseas jurisdictions, supervised persons must document attempts, apply alternative verification methods, and adopt a risk-based approach. CBCs may be transferable across firms within requisite timeframes, but firms may request new checks. Third-party CBC providers may be used subject to appropriate oversight.

How is adverse information assessed?

The presence of adverse information does not automatically disqualify an individual. Firms must assess the information and document the rationale of their final decision.

Both spent and unspent convictions must be disclosed to us under Jersey law exemptions. If adverse information is found, we do not automatically reject applications. Firms must evaluate fitness and propriety, and we will apply the Criminality Test under Article 14(4) SBJ.

What are the consequences of non-compliance?

Where individuals refuse to provide CBCs, firms must consider whether this indicates a risk and may need to refrain from appointing the individual.

Non-compliance by a firm may result in supervisory action, including removal or replacement of PPs, KPs or revocation of registration.

Firms failing to meet obligations may face supervisory action, including removal or replacement of individuals or revocation of registration.

Will there be any quality assurance after the implementation date?

We will monitor compliance through data collection and thematic assurance.

Where can I find further information on how to obtain a DBS check or foreign equivalent?

Further information on obtaining a DBS check or foreign equivalent is available here:

• Basic, Standard or Enhanced DBS Check Online - Apply for DBS
• guidance on criminal records checks for overseas applicants

What are the exceptional circumstances in which a supervised person can submit an application without obtaining a CBC?

There is no exhaustive list of exceptional circumstances.

These may include situations such as establishing a fund where the time to market is critical, and waiting for the certificate would undermine the commercial timing of the product or structure.

In such cases, the applicant is expected to document the process in sufficient detail to enable us to understand the reasons for the absence of a DBS check or foreign equivalent.

Applicants must also demonstrate the alternative measures used to assess the KP/PP’s fitness and propriety during that period. A criminal records check must then be obtained as soon as reasonably practicable.

Glossary

AML/CFT/CPF Handbook or the Handbook	Handbook for the prevention and detection of money laundering, the countering of terrorist financing, and the countering of proliferation financing
CBC	Criminal background checks
DBS	Disclosure and Barring Service
DBS Check or foreign equivalent	A certificate containing details of spent and unspent convictions provided by the DBS or an equivalent body in a foreign jurisdiction
FATF	The Financial Action Task Force
GDPR	General Data Protection Regulation
JFSC	Jersey Financial Services Commission
KP	Key Person
MONEYVAL	Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism
PP	Principal Person
SBJL	Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008