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Amendments to Criminal Justice Legislation in respect of Money Laundering and Terrorist Financing

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Committee for Home Affairs - P.2017/126

The States are asked to decide: -

Whether, after consideration of the Policy Letter dated 11th December, 2017, of the Committee for Home Affairs, they are of the opinion to endorse the policy approaches set out in the Policy Letter  :-

1. to agree to amend the regulation making powers of the Committee under the Disclosure (Bailiwick of Guernsey) Law, 2007 and the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 to include the power to identify the type of reports which trigger the information -gathering powers of the Financial Intelligence Service, and the power to put in place protection against claims of breach of confidence for any reports made to the Financial Intelligence Service that would not be covered by the existing breach of confidence provisions in those Laws;.

2. to agree to amend the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 to

        a. include specific terrorist financing offences in respect of terrorist fighters and ransom payments;
        b. replace the current definition of proscribed organisations  with a definition which expressly incorporates the list of proscribed organisations under the  Terrorism Act 2000 by way of ambulatory reference;
        c. replace the current definition of cash with a definition which expressly incorporates the definition of cash in the Cash Controls (Bailiwick of Guernsey) Law, 200 by way of ambulatory reference;

3. to agree to amend the Terrorist Asset-Freezing (Bailiwick of Guernsey) Law, 2011 to extend ambulatory references to all relevant EU lists;

4. to agree to amend the definition of cash in the Cash Controls (Bailiwick of Guernsey) Law, 2007 to make provision for recent innovations in the storing and transfer of asset;  and

5. to direct the preparation of such legislation as may be necessary to give effect the foregoing, including any necessary consequential and incidental provision.


The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.

 

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Amendments to Criminal Justice Legislation in respect of Money Laundering and Terrorist Financing

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