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唐朱昌
唐朱昌
教授,博士生导师。复旦大学中国反洗钱研究中心首任主任,复旦大学俄...
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严立新
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陈浩然
陈浩然
复旦大学法学院教授、博士生导师;复旦大学国际刑法研究中心主任。...
何 萍
何 萍
华东政法大学刑法学教授,复旦大学中国反洗钱研究中心特聘研究员,荷...
李小杰
李小杰
安永金融服务风险管理、咨询总监,曾任蚂蚁金服反洗钱总监,复旦大学...
周锦贤
周锦贤
周锦贤先生,香港人,广州暨南大学法律学士,复旦大学中国反洗钱研究中...
童文俊
童文俊
高级经济师,复旦大学金融学博士,复旦大学经济学博士后。现供职于中...
汤 俊
汤 俊
武汉中南财经政法大学信息安全学院教授。长期专注于反洗钱/反恐...
李 刚
李 刚
生辰:1977.7.26 籍贯:辽宁抚顺 民族:汉 党派:九三学社 职称:教授 研究...
祝亚雄
祝亚雄
祝亚雄,1974年生,浙江衢州人。浙江师范大学经济与管理学院副教授,博...
顾卿华
顾卿华
复旦大学中国反洗钱研究中心特聘研究员;现任安永管理咨询服务合伙...
张平
张平
工作履历:曾在国家审计署从事审计工作,是国家第一批政府审计师;曾在...
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上传时间: 2024-07-25      浏览次数:254次
MONEYVAL acknowledges Jersey’s progress in improving measures to combat money laundering and financing of terrorism

 

https://www.coe.int/en/web/moneyval/-/moneyval-acknowledges-jersey-s-progress-in-improving-measures-to-combat-money-laundering-and-financing-of-terrorism

 

In a report published today, the Council of Europe’s anti-money laundering body MONEYVAL commends the UK Crown Dependency of Jersey for taking steps to strengthen its legal and regulatory framework to combat money laundering (ML), financing of terrorism (FT) and financing of proliferation (FP). It also calls on the jurisdiction to further reinforce the practical application of its frameworks for investigations and prosecutions for ML, as well as the enforcement of sanctions related to AML/CFT preventative measures.

 

The Council of Europe’s anti-money laundering body conducted a comprehensive assessment of the country’s level of compliance with international standards set by the Financial Action Task Force (FATF).

 

MONEYVAL concludes that, having significantly strengthened its legal framework since the last mutual evaluation, Jersey has most elements of an effective AML/CFT, but still needs to improve the implementation of measures in certain areas.

 

On the operational side, Jersey has achieved a high level of effectiveness for its understanding of ML/TF risks and implementing adequate AML/CFT policies and strategies to mitigate them. The report commends the authorities for concluding multiple high-quality, comprehensive and detailed risk assessment products informed by a variety of sources. National co-ordination and co-operation between agencies, as well as private sector awareness of risks are also strengths of the system.

 

The operational independence of Jersey’s Financial Intelligence Unit (FIU) and its resources have significantly improved since the last MONEYVAL assessment. Financial intelligence is regularly used to develop evidence and trace proceeds in ML, TF and predicate offence investigations, although the trend is relatively recent and authorities are encouraged to make increased use of these resources. While ML cases are routinely investigated and proceeds of crime are pursued as a policy objective, the modest number of ML prosecutions, including those for third-party and autonomous ML, call for a more proactive approach by the competent authorities. However, MONEYVAL recognises the positive results of alternative measures put in place such as civil forfeiture mechanisms, introduction of deferred prosecution agreements and the introduction of a criminal offence of the failure to prevent ML.

 

Jersey has appropriate mechanisms in place to identify, investigate and prosecute TF. The low number of investigations and the absence of prosecutions and convictions has been assessed as consistent with the jurisdiction’s low TF risk profile. Mechanisms to implement, without delay, targeted financial sanctions (TFS) on terrorism financing and proliferation financing are equally in place. Notwithstanding, the assessment detects room for improvement regarding supervision of TFS requirements and the risk-based oversight of the non-profit sector.

 

Steps have been undertaken to reinforce the AML/CFT supervisory framework, which concentrates on the higher-risk entities and sectors, in line with supervisors’ good understanding of risks. However, the approach to ensure compliance with AML/CFT obligations greatly relies on remedial actions, with a modest imposition of sanctions, which is not considered to be sufficiently in line with the number and types of breaches detected. Measures aimed at preventing criminals from entering the market are in place for all sectors, but the report calls for a more robust process for conducting criminality checks.

 

The private sector demonstrated a good level of understanding of the risks and compliance with AML/CFT obligations. However, the report makes clear that the private sector’s implementation of measures on complex structures, assessment of the risks for the application of exemptions, application of enhanced due diligence measures (EDD) to politically exposed persons (PEPs) and the detection and prompt reporting of suspicious transactions would merit further improvements.

 

MONEYVAL finds that Jersey authorities demonstrated a good understanding of the extent to which legal persons and arrangements can be misused for ML purposes. Jersey ensures the availability of adequate, accurate and up-to-date basic and beneficial ownership (BO) information of legal persons and arrangements through a fully populated Registry and trust and company service providers (TCSPs), as well as conducting comprehensive checks, risk assessments and vetting processes on an ongoing basis.

 

Jersey authorities demonstrated commendable efficiency in actively seeking and providing mutual legal assistance (MLA) and other forms of international co-operation, particularly in the later years of the assessed period. Similar conclusions were drawn regarding the process of BO information sharing. Nevertheless, authorities are encouraged to seek informal cooperation more frequently and continue to increase their outreach to foreign counterparts via MLAs.

 

Jersey is expected to report back to MONEYVAL under its regular follow-up reporting process in December 2026.