Guidance Note Counter Terrorism Act

Similar documents
Information page Alternative Investment Fund Managers Directive Operating conditions Conflicts of interest

Financial Crime update. 12 September 2017

This document has been provided by the International Center for Not-for-Profit Law (ICNL).

BERMUDA PROCEEDS OF CRIME (ANTI-MONEY LAUNDERING AND ANTI-TERRORIST FINANCING) REGULATIONS 2008 BR 77 / 2008

MONEY LAUNDERING (JERSEY) ORDER 2008

The Ministry of Finance and the Bermuda Monetary Authority CONSULTATION PAPER

Banking Guidance Note No. 2 Policies on Connected Lending. Date of Paper : 31 January 2000 Amended 16 March 2006 Version Number : 1.

SAINT CHRISTOPHER AND NEVIS STATUTORY RULES AND ORDERS. No. 46 of 2011

ANTI-MONEY LAUNDERING POLICIES, CONTROLS AND PROCEDURES

Handbook on International Co-operation and Information Exchange. for the use of overseas supervisory authorities

Anti-money laundering guidance for money service businesses

Country Risk Updates. GFSC Newsletter No.3/2017.

Guidance Note System of Governance - Insurance Transition to Governance Requirements established under the Solvency II Directive

Central Bank of The Bahamas PUBLIC CONSULTATION. Proposals for:

AMENDMENTS TO THE MONEY LAUNDERING (JERSEY) ORDER 2008

Ministry of Finance and Ministry of Economic Development with the Bermuda Monetary Authority. Explanatory Note

NOTICE TO BANKS MONETARY AUTHORITY OF SINGAPORE ACT, CAP. 186

The Gibraltar Financial Services Commission. Consultation Paper Regulation of personal pension schemes

Kenya Gazette Supplement No th March, (Legislative Supplement No. 21)

Notice Of A Proposal To Establish A Representative Office In Gibraltar

MONEY LAUNDERING (JERSEY) ORDER 2008

GUERNSEY FINANCIAL SERVICES COMMISSION IMPOSITION OF LICENCE CONDITIONS

Act 3 Anti-Money Laundering (Amendment) Act 2017

Enhancing the confirmations provided by Statutory Auditors and Audit firms for the Capitalisation of Licenced Companies

Financial Intelligence Act 13 of 2012 section 73(2)

PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

Note on the application of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

Anti-Money Laundering - A Practical Guide 27th September Doug Hopton Director DTH Associates Limited

MONEY LAUNDERING - HIGH VALUE DEALERS

Gibraltar CHAPTER 20. Robert Vasquez QC. Julian Triay INTRODUCT ION. Partner, Triay & Triay, Gibraltar

Standard 2.4. Customer identification and customer due diligence; Prevention of money laundering, terrorism financing and market abuse

BERMUDA CORPORATE SERVICE PROVIDER BUSINESS AMENDMENT ACT : 3

Notification of Intention To Provide Cross-Border Services The Financial Services (Banking) Act

Financial Services Commission. Consultation Paper Proposed fee amendments for financial services providers

B L.N. 372 of 2017 PREVENTION OF MONEY LAUNDERING ACT (CAP. 373) Prevention of Money Laundering and Funding of Terrorism Regulations, 2017

To whom it may concern. Implementation of the 4th EU Anti Money Laundering Directive

GENERAL SCHEME OF A CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) (AMENDMENT) BILL

OVERSEEING COMPLIANCE WITH LEGISLATION TO DETECT AND PREVENT MONEY LAUNDERING AND THE FINANCING OF TERRORISM

Commissioners for Revenue and Customs Bill

Number 26 of Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018

The Criminal Justice (Proceeds of Crime) (Legal Professionals, Accountants and Estate Agents) (Bailiwick of Guernsey) Regulations, 2008 a

4. This letter sets out our key regulatory priorities for 2017 for insurance companies and covers the following areas:

ANTI-MONEY LAUNDERING/ COUNTERING THE FINANCING OF TERRORISM STRATEGY GROUP PROPOSALS TO UPDATE JERSEY S AML/CFT FRAMEWORK

BERMUDA EXEMPTED PARTNERSHIPS ACT : 66

Appendix A Anti-Money Laundering and Countering the Financing of Terrorism Code

Scope of application. Definitions. Translation from Finnish Legally binding only in Finnish and Swedish Ministry of Finance, Finland

The Information about People with Significant Control (Amendment) Regulations 2017 (PSC 2017) also came into force on 26 June2017.

Information page Alternative Investment Fund Managers Directive Organisational requirements - Valuation

Information page Alternative Investment Fund Managers Directive Operating conditions - General

CHAPTER INTERNATIONAL MUTUAL FUNDS ACT

GUIDANCE NOTE NO 4 OF 2017 GUIDANCE NOTE ON THE 15-DAY REPORTING PERIOD OF SUSPICIOUS TRANSACTIONS AND ACTIVITIES

PART 2 CUSTOMER DUE DILIGENCE

Re: Compliance with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 ( CJA 2010 )

Unofficial and not binding translation

Response Paper Authorised EIF Directors & EIF Boards. Date of Paper : 02 November 2010 Version Number : V1.00

CAYMAN ISLANDS. Supplement No. 21 published with Extraordinary Gazette No. 53 of 17th July, MUTUAL FUNDS LAW.

CAYMAN ISLANDS. Supplement No. 2 published with Extraordinary Gazette No. 22 of 16th March, THE PROCEEDS OF CRIME LAW.

APPENDIX B to Consultation Paper No Decision-Making Process

STATUTORY INSTRUMENTS. S.I. No. 60 of 2017 CENTRAL BANK (SUPERVISION AND ENFORCEMENT) ACT 2013 (SECTION 48(1)) (INVESTMENT FIRMS) REGULATIONS 2017

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 56, No. 9, 26th January, No. 2 of 2017

ANTI-MONEY LAUNDERING/ COUNTERING THE FINANCING OF TERRORISM STRATEGY GROUP FEEDBACK ON CONSULTATION PAPER NO

Enhancing Anti-Money Laundering Regulation of Designated Non-Financial Businesses and Professions

FINANCIAL INTELLIGENCE CENTRE ACT 2001 MANUAL

GUIDANCE NOTE NO 01 OF 2018 GUIDANCE NOTE ON CUSTOMER DUE DILLIGENCE PERTAINING TO INTERMEDIARIES AND RELATED PARTIES: SUB-ACCOUNTS & POOL ACCOUNTS

Anti-Money Laundering and Counter Terrorism

Legislative Amendments 2014: FIU Act & MLTPA. Presentation by: Eric Eusey Director Financial Intelligence Unit

SUBSIDIARY LEGISLATION PREVENTION OF MONEY LAUNDERING AND FUNDING OF TERRORISM REGULATIONS

BY GRACE OF THE GOD ALMIGHTY THE GOVERNOR OF BANK INDONESIA,

GUERNSEY FINANCIAL SERVICES COMMISSION DIRECTIONS TO A LICENSEE

Central Bank of The Bahamas PUBLIC CONSULTATION

2007 Money Laundering Prevention No.2 SAMOA

FSC's Response to IMF Report's Recommendations

STATUTORY INSTRUMENTS. S.I. No. 604 of 2017 CENTRAL BANK (SUPERVISION AND ENFORCEMENT) ACT 2013 (SECTION 48(1)) (INVESTMENT FIRMS) REGULATIONS 2017

GUIDE TO FOUNDATIONS IN MAURITIUS

Article 1. Article 2. Article 3 A FCM shall comply with the following provisions in undertaking CDD measures:

CARIBBEAN DEVELOPMENT BANK STRATEGIC FRAMEWORK FOR INTEGRITY, COMPLIANCE AND ACCOUNTABILITY PILLAR II COMPLIANCE POLICY

DIRECTIVE NO.DO1-2005/CDD

Information page Alternative Investment Fund Managers Directive Transparency requirements Reporting obligations to FSC

CYPRUS BAR ASSOCIATION

Regulation of ICOs in Ireland: An Overview of the Legal, Tax and Regulatory Position

CONSULTATION PAPER NO CIVIL PENALTIES: STATEMENT OF PRINCIPLES AND PROCESSES

THE SECURITIES ACT The Securities (Collective Investment Schemes and Closed-end Funds) Regulations 2008 ARRANGEMENT OF REGULATIONS PART I

ADDENDUM TO THE ANZ PRIVATE BANK TERMS AND CONDITIONS SINGAPORE

R.S.A. c. P98 Anti-Money Laundering and Terrorist Financing Code R.R.A. P98-5. Revised Regulations of Anguilla: P98-5

REGULATORY OVERVIEW. I. Overview of the Laws and Regulations Relating to the Group s Business Operations in Hong Kong

Supplement to Extraordinary Gazette No. dated 31st December, 2018 INSURANCE (AMENDMENT) ACT, Arrangement of Sections

Proposal for the Quality Assurance of the Solvency II capital requirements, own funds and balance sheet

FIRST ROUND MUTUAL EVALUATIONS POST EVALUATION PROGRESS REPORT OF KENYA. Covering the period August 2017 July 2018

MONEY LAUNDERING AND TERRORISM (PREVENTION) (AMENDMENT) ACT, 2013 ARRANGEMENT OF SECTIONS

Terms of Business for Intermediaries. Effective from 17 May 2018

T H E D E P O S I T G U A R A N T E E S C H E M E A C T ( T H E Z S J V ) 1. GENERAL PROVISIONS. Article 1 (Subject matter of the Act)

REPORTING LARGE TRANSACTION REPORTS, SUSPICIOUS OR ATTEMPTED TRANSACTION (STATR) TERRORIST PROPERTY

THE THIRD EU DIRECTIVE ON MONEY LAUNDERING AND TERRORIST FINANCING

Central Bank of Seychelles. Guidelines on Fit and Proper Criteria for Insurance Sector

MEMORANDUM OF UNDERSTANDING. Bundesanstalt für Finanzdienstleistungsaufsicht. and. Dubai Financial Services Authority

IOSCO Principles of Liquidity Risk Management for CIS

Financial Sanctions Notice 26/03/2012

ECB-PUBLIC OPINION OF THE EUROPEAN CENTRAL BANK. of 30 May on the limitation of cash payments (CON/2017/20)

SUPERVISION PROFILE BRITISH VIRGIN ISLANDS FINANCIAL SERVICES COMMISSION. British Virgin Islands Financial Services Commission

POLICE AND CRIMINAL EVIDENCE BILL 2004 A BILL. entitled "BERMUDA DEPOSIT INSURANCE ACT 2010

Transcription:

Counter Terrorism Act Date of Paper : 3 September 2010

Table of Contents Introduction... 3 Basis of the Guidance Note... 3 Provisions of the Act... 3 To whom it applies... 3 Directions... 3 Customer Due Diligence... 4 Enhanced ongoing monitoring... 4 Systematic Reporting... 4 Limiting or ceasing business... 4 Exemptions by licence... 5 Duration and publication of Directions... 5 Provision of information and Documents... 5 Non-compliance... 5 Compliance Considerations for relevant persons... 5 Legal Notice... 6 Financial Services Commission PO Box 940, Suite 3, Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar Tel (+350) 20040283 Fax (+350) 20040282 E-Mail: info@fsc.gi www.fsc.gi 2

Introduction This Guidance Note highlights the main provisions of the 2010 (the Act ) which came into effect on 29 April 2010 1. The Financial Services Commission, the Commissioner of Banking and the Commissioner of Insurance are supervisory authorities as defined in Section 32 of the Act by virtue of Section 19 of the Crime (Money Laundering and Proceeds) Act 2007. The guidance note is therefore issued jointly by each of these supervisory authorities. Basis of the Guidance Note This guidance has been issued with the consent of the Minister as provided for in Section 34 of the Act in order to assist persons operating in the financial sector to comply with the provisions of the Act. Provisions of the Act To whom it applies Directions The Act refers to persons operating in the financial sector who can be either natural or legal persons who carry on financial business in Gibraltar or are established, incorporated or Registered in Gibraltar but conduct their business elsewhere. The term financial institution is then defined further but broadly speaking includes all of the following; Banks, Money service businesses (i.e. a bureau de change or money transmitter), Investment Firms, Collective Investment Schemes, and Life Assurance Companies and Intermediaries. There a number of exceptions provided for in Section 7 of the Act but for the purposes of this Guidance Note shall not be considered material as they are designed for those people who undertake financial services business on an occasional basis. The main thrust of the Act is the power of the Minister to issue Directions under the Act. These directions can be triggered by any one of the following events; Advice from the Financial Action Task Force that measures should be taken in relation to a country or the Minister reasonably believes that there is a risk of terrorist financing or money laundering activities being carried on; o In the country o By the Government of the Country or o By persons resident or incorporated in the Country, or 1 Legal Notice 83 of 2010. 3

The Minister is advised by the Her Majesty s Government in the UK that there is a significant risk to the interests of Gibraltar by the development or production of nuclear, radiological, biological or chemical weapons (referred to as WMDs ) in the country or facilitating the development or production of the same. The Minister s Directions can be given to; A particular person operating in the financial sector; Any description of persons operating in the financial sectors; or All persons operating in that sector. It is also possible for the Direction to make different provisions for different descriptions of persons operating in the financial sector. These Directions may impose requirements and these may be varied between types of persons as well as different descriptions of transactions or business relationships. Customer Due Diligence Directions imposed in this regard may entail undertaking enhanced due diligence on a designated person either before commencing or during a business relationship, which may include taking general or specific measures in order to ascertain further information or documentation about the person s identity, their business, source of funds; and whether the designated person in involved in terrorist financing, money laundering or the production or facilitation of WMDs. Enhanced ongoing monitoring Direction may also be made requiring a relevant person to undertake enhanced ongoing monitoring of a business relationship with a designated person. Enhanced ongoing Monitoring is defined as ; (a) keeping up to date information and documents obtained for the purposes of customer due diligence measures; and (b) scrutinising transactions undertaken during the course of the relationship (and, where appropriate, the source of funds for those transactions) to ascertain whether the transactions are consistent with the relevant person s knowledge of the designated person and their business. Systematic Reporting Relevant persons may also be required to supply information and/or documents relating to a business relationship with a designated person at stated intervals. This does not include documents or information that is subject to legal professional privilege but a direction under this section supersedes any restriction on the disclosure of information imposed by statute or otherwise. Limiting or ceasing business Directions may also prohibit a relevant person from entering or continuing with a business relationship or transactions with a designated person. 4

Exemptions by licence Where a Direction is given which limits or ceases a business relationship or transaction the Minister may, through the issue of a licence, exempt certain acts from these requirements. Duration and publication of Directions All Directions made by the Minster have to be sent to the relevant person and must also cause the Direction to be published in the Gazette. Unless revoked, all Directions end after a year but can be reissued on similar terms. Provision of information and Documents The Act provides for Enforcement Officers (appointed by the Minister) to give effect to the Direction provisions of the Act. The Enforcement Officers have powers to require information or documents from relevant persons in connection with the Act. In most cases the Enforcement Officer is empowered to enter the premises of a relevant person and observe, take copies of documents, etc without the production of a warrant. Warrants can, however, be issued by a Magistrate under certain circumstances. Non-compliance The Act gives both the Courts and the Minister wide and dissuasive powers when a relevant person appears not to be in compliance with the Directions or Licence conditions. The Court may make Orders to a relevant person to comply, within a specified period, or to remedy the consequences of the failure. Civil penalties which are effective, proportionate and dissuasive can be applied when there has been failure. to comply with a requirements imposed by a Direction or Condition. In addition, criminal offences may be brought against the relevant person for failing to comply with their requirements. Compliance Considerations for relevant persons It is clear from the summary of the Act above that firms to whom the Act applies need to have additional processes in place in order to be able to comply with a Direction issued under this Act. The Directions may be specific to a firm, a sector or part of the sector and equally may be directed at one or more persons, countries or Governments thereof. In the day to day administration of the firm s business, however, the FSC does not consider that a firm would need to have any additional systems of control other than that provided for in the Guidance Notes on Systems of control to prevent the financial system from being used for money laundering or terrorist financing activities 2. Compliance arrangements designed to meet these requirements should hold the firm in good stead for the provisions of the Act. However, a firm must be able to respond very quickly to the additional requirements of any Direction given under this Act by the Minister including the production of documents and information without production orders and/or warrants. 2 http://www.fsc.gi/amlgn 5

The FSC will monitor compliance with the additional process requirements under this Act at the same time as it considers a firm s arrangements to comply with the Guidance Notes on Systems of control to prevent the financial system from being used for money laundering or terrorist financing activities. Legal Notice The advice or interpretation given in this Guidance Note represents the views of the FSC as to its expectations of how the requirements of the relevant legislation in question is to be complied with and/or how it falls to be applied. This, however, is not intended as a definitive interpretation of the applicable legislation which is ultimately a matter for the courts to determine. You are, therefore, strongly advised to seek appropriate legal advice before any action or decision is taken (if you have not already done so). The FSC does not provide, or purport to offer, legal advice. 6