Financial Crime

Please be advised that the UK has now designated all persons designated under the Financial Sanctions Regime for the purposes of the prohibition on providing trust services. NB: This prohibition does not apply to the provision of trust services in cases where an asset freeze is in place. The UK Russia regulations are given effect within the Bailiwick under the Sanctions (Implementation of UK...

Further to the announcement in our 2021 Annual Report advising of our intention to implement mandatory two-factor authentication (‘2FA’) on our Online Portals for all our regulated entities, we have been working on our background systems. On this basis by 31 May 2023, the Commission intends to switch 2FA on for all Portal Users who have not yet enabled this functionality. 2FA is an additional...

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 South Africa and Nigeria. FATF has removed Morocco and Cambodia from its list of jurisdictions under increased...

The Commission has today published a Consultation Paper proposing rules for the mandatory filing of three existing financial crime returns to which administrative financial penalties will apply for late filings and inaccurate submissions. The Commission is intending to make rules which will make mandatory the filing of the following returns within the timeframes set: The annual financial crime...

On 2 February 2023, the Commission imposed discretionary financial penalties as follows: Mr William Stephen Cairns (“Mr Cairns”) a financial penalty of £133,000; and Mr Du Preez Gert Vermeulen (“Mr Vermeulen”) a financial penalty of £35,000. Further, on the above date, the Commission imposed the prohibitions as follows: Mr Cairns prohibited from all functions for a period of ten years and six...

The Financial Services Business (Enforcement Powers) (Bailiwick of Guernsey) Law, 2020 (“the Enforcement Powers Law”) The Protection of Investors (Bailiwick of Guernsey) Law, 1987 and the Protection of Investors (Bailiwick of Guernsey) Law, 2020 (collectively “the POI Law”) [i] Criminal Justice (Proceeds of Crime) (Financial Services Businesses) (Bailiwick of Guernsey) Regulations, 2007 (“the...

The Commission has today issued its report on the thematic review of the money laundering and terrorist financing business risk assessments of more than 100 licensed and registered firms across all sectors. The thematic was undertaken to assess how well firms identified and assessed these risks to their businesses. The results were positive, demonstrating that most Business Risk Assessments met...

Following the States of Guernsey's Policy & Resources Committee’s recent publication of its Consultation Paper on proposed revisions to the supervisory framework surrounding the six directorship exemption , the Commission will be hosting two meetings for interested persons at its offices on Glategny Esplanade on the following dates: Wednesday 21 December 2022 from 8.30am to 10am and on Monday 9...

The Policy & Resources Committee has today published a Consultation Paper seeking views on a proposed change to the requirements which affect some individuals acting as company directors, by way of business, in or from within the Bailiwick. The Commission encourages industry and stakeholders to contribute their feedback. Acting as a director for any company in the Bailiwick, by way of business...