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Money Laundering (Amendment No. 10) (Jersey) Order 2019

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 5 June 2019

MINISTERIAL DECISION REFERENCE

MD-ER-2019-0033

DECISION SUMMARY TITLE

Money Laundering (Amendment No. 10) (Jersey) Order 2019

DECISION SUMMARY AUTHOR

Lead Policy Adviser, Financial Crime

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE

Money Laundering (Amendment No. 10) (Jersey) Order 2019

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT

Lead Policy Adviser, Financial Crime

IS THE REPORT PUBLIC OR EXEMPT?

Public

DECISION AND REASON FOR THE DECISION

Pursuant to Article 37 of the Proceeds of Crime (Jersey) Law 1999, the Minister made the Money Laundering (Amendment No. 10) (Jersey) Order 2019 (Order) and directed that the Lead Policy Adviser, Financial Crime notify the Publications Editor and the Law Draftsman that the Order has been made, forward the signed and sealed Order to the Publications Editor, States Greffe, and request the States Greffe to arrange for its notification to the States.

The Order amends the Money Laundering (Jersey) Order 2008 (MLO).  Without limitation, the amendments are intended to close gaps between Jersey law and the 2012 Recommendations of the Financial Action Task Force. The Government of Jersey, led by the Jersey Financial Crime Strategy Group, consulted on the amendments contained in the Order through a consultation published on 27 July 2018. Overall, respondents were in favour of the proposals set out in the consultation. A feedback paper was published on 3 June 2019.

RESOURCE IMPLICATIONS

There are no financial, manpower or other resource implications for the Government of Jersey.

ACTION REQUIRED

The Lead Policy Adviser, Financial Crime to notify the Publications Editor and the Law Draftsman that the Order has been made.

The States Greffe to be requested to arrange for the making of the Order to notified to the States.  

SIGNATURE

 

 

 

SENATOR IAN GORST

POSITION

 

 

 

MINISTER FOR EXTERNAL RELATIONS

DATE SIGNED

 

EFFECTIVE IMMEDIATELY

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