Briefings & Articles

article 12/04/2023 AML Culture : The Good, Bad and Ugly – post webinar summary

The webinar was inspired by the Jersey FSC, who are one of the first regulators to specifically flag culture as a route cause of poor AML/CFT/CPF conduct as well as identifying 16 “red flags”.

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briefing 13/03/2023 The New Deferred Prosecution Agreement – What Does it Mean for Me?

DPAs are arrangements under which an entity voluntarily discloses its own criminal activity to the criminal authorities, and as recognition for this it can avoid criminal prosecution - as long as it gives full disclosure of the offending, pays any financial penalty or compensation ordered, covers all the costs associated with administering the DPA and demonstrates over time that it has remedied the failings that led to the offending conduct

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article 26/01/2023 What is Culture and what does it mean?

The Wolf of Wall Street film or the Netflix series on Bernie Madoff provide entertaining and graphic examples of where culture and conduct spiral out of control leaving devastated employees and victims in their wake. Here we discuss how to achieve a healthy AML/CTF/CPF culture and what the expectations of the Regulator are likely to be.

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briefing 03/01/2023 Effective Business Risk Assessments

Under the various Codes of Practice issued by the Jersey Financial Services Commission (the “JFSC”) the Boards of regulated businesses are required to undertake and keep an up to date Business Risk Assessment (“Risk Assessment”).

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briefing 05/05/2022 Failing to prevent money laundering – are your AML prevention procedures adequately maintained and sufficiently applied to secure a defence under the new law?

Failing to prevent money laundering – are your AML prevention procedures adequately maintained and sufficiently applied to secure a defence under the new law?

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briefing 14/03/2022 Russian sanctions – Immediate steps for businesses to consider

The immediate steps your organisation should consider with regard to the Russian sanctions.

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briefing 22/12/2021 The importance of effective transaction monitoring

Transaction Monitoring is an essential tool in your armoury to help combat money laundering and terrorist financing (“AML/CFT”).

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briefing 25/06/2021 Safeguarding Your Savings

Inflation combined with low bank interest has proved to be a powerful driver for savers seeking out higher returns through high-risk alternative investments whilst presenting a tempting target for those unscrupulous individuals intent on either mis-selling an investment to a client or worse still facilitating a fraud.

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briefing 20/01/2021 Major revamp of Jersey Registry. Are you at risk if beneficial ownership details go public?

In response to the requirements of the international standard setting Financial Action Task Force Recommendation 24 (relating to the transparency and beneficial ownership of legal persons), the Jersey Company Registry has undertaken a major overhaul not only of its online systems but also the legislation requiring the electronic submission of information to the new “myRegistry” platform.

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briefing 13/01/2021 Are your Compliance Monitoring Plans effective?

On the 17 December 2020, the Jersey Financial Services Commission (“JFSC”) published a detailed feedback paper on the results of its pre-COVID-19 on-site themed examination. The examination looked at how firms undertake compliance monitoring, resulting in negative findings being identified in 10 out of the 11 Registered Persons that were examined.

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briefing 29/09/2020 Whistle-blowing – are you prepared?

In virtually every annual report issued by the Jersey Financial Services Commission (‘JFSC’) the value and importance derived from whistle-blowers during the previous year is acknowledged demonstrating just how important whistle-blowing has become.

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briefing 18/09/2020 Financial Penalties – what is my risk exposure?

The Jersey Financial Services Commission (“JFSC”) has since 2015 been in a position to impose civil financial penalties for significant and material breaches of the JFSC’s Codes of Practice committed by Registered Persons.

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briefing 11/09/2020 Effective Compliance Monitoring

Failing to implement an effective Compliance Monitoring Plan (“CMP”) continues to be a regular finding arising from on-site examinations conducted by the Jersey Financial Services Commission (“JFSC”).

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briefing 23/08/2020 Relying on others to conduct your client due diligence

In some strictly limited circumstances, Article 16(2) of the Money Laundering (Jersey) Order provides that a Relevant Person may rely on identification measures that have already been applied by a regulated business (referred to as an obliged person) to find out the identity of a mutual customer and to obtain evidence of identity.

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