Financial Crime

The Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020 (the “Enforcement Powers Law”) The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 (the “Fiduciaries Law”) [1] The Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of Guernsey) Regulations, 2007 (the “Regulations”)...

The Commission has today issued an updated Handbook on Countering Financial Crime (AML/CFT/CPF) following a consultation on rules and guidance to support the extension of the existing obligations upon specified businesses to countering proliferation financing. The updated Handbook supports the changes which the States of Guernsey Policy and Resources Committee has made by regulation to Schedule 3...

Last week, more than 500 members of the financial services industry attended an update on the National Strategy and National Risk Assessment (NRA). The Bailiwick’s AML/CFT authorities once again came together to present on how the updated National Risk Assessment, or NRA2, demonstrates our understanding of the Bailiwick’s money laundering, terrorist financing and proliferation financing threats...

The Commission welcomes this judgment from the Guernsey Court of Appeal which affirms the Commission’s processes were applied properly in this matter (§ 71, § 190) and our important role in combatting financial crime in the jurisdiction (§ 67). In determining that the decision of the Royal Court could not stand (§ 193), we were obviously pleased that the Court of Appeal found in our favour in...

Today a consultation paper has been issued on the proposed amendments to the rules and guidance on the Handbook on Countering Financial Crime to support the extension of the existing obligations upon specified businesses to countering proliferation financing. These amendments also incorporate the proposed amendments to Schedule 3 of the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey)...

Towards the end of 2023 the Policy & Resources Committee issued a number of updates to its guidance on Sanctions, Terrorist Financing and Proliferation Financing including issuing an online Proliferation Financing training module, and presentation slides from recent industry presentations. The Commission has updated its webpages on Sanctions, Terrorist Financing, and Proliferation Financing to...

The States of Guernsey has published its National Strategy and update to the National Risk Assessment (NRA). The documents form part of the Bailiwick of Guernsey’s commitment to ensuring that criminals, including money launderers, terrorists and those financing terrorism or the proliferation of weapons of mass destruction, cannot launder the proceeds of crime through the Bailiwick or otherwise use...

The Commission has today issued amendments to the country lists in Appendix C and Appendix I of the Handbook on Countering Financial Crime and Terrorist Financing reflecting the Financial Action Task Force’s updated list of jurisdictions under increased monitoring, which includes Bulgaria. FATF has removed Albania, Cayman Islands, Jordan and Panama from its list of jurisdictions under increased...

The Commission wishes to remind all financial services businesses and prescribed businesses that the 2023 Financial Crime Risk Return (“the FCRR”) is due for submission by 31 October 2023. Firms which are required to complete the FCRR will find it available via the Commission’s Online Submissions Portal . Should you see a FCRR on your firm’s Online Submissions Portal timeline which you do not...