British Virgin Islands
AML/CFT
384 British Virgin Islands regulatory document(s) tagged AML/CFT.
Who is caught
The instruments indexed here form the British Virgin Islands' AML/CFT framework. They reach three broad populations: businesses carrying on financial and specified non-financial activity, all BVI corporate and legal entities (through beneficial ownership rules), and any person who deals with property or funds connected to crime, terrorism, drug trafficking or sanctioned persons.
Relevant business
The Anti-Money Laundering Regulations apply to persons carrying on "relevant business" in or from the Virgin Islands. As amended, this population expressly includes virtual assets activity.
- Financial services: Banking and trust business, insurance business and insurance intermediaries, company management, investment business, mutual funds and private investment funds, trust or company service providers, and money services and remittance businesses.
- Professional and dealer sectors: Legal practitioners, notaries and accountants doing specified client work, real estate agents, dealers in precious metals or stones, casino and gaming operators above stated cash thresholds, and cooperative societies.
- Virtual assets: Virtual assets service providers, brought within scope where a transaction involves virtual assets valued at 1,000 dollars or more, in force from 1 December 2022 under the 2022 amendment.
Corporate and legal entities
- Beneficial ownership regime: The Beneficial Ownership Secure Search System Act and the 2024 Beneficial Ownership Regulations apply to all corporate and legal entities, including BVI Business Companies, limited partnerships and their foreign equivalents, together with the registered agents that act for them.
- VASPs: The Virtual Assets Service Providers Act, 2022 covers VASPs generally and specialised categories offering virtual asset custody or operating virtual asset exchanges.
- NPOs: The Non-Profit Organisations Act, 2012 covers non-profit organisations operating in the Virgin Islands, supervised by the Financial Investigation Agency.
- DNFBPs: Amendments to the Financial Investigation Agency Act bring designated non-financial businesses and professions under FIA supervision and registration.
- Financial institutions for CFT: The Counter-Terrorism Act, the Terrorist Asset-Freezing etc. Act 2010 and the Proliferation Financing (Prohibition) Act bind financial institutions and, in many cases, any person dealing with funds or assets of designated persons.
Sources: Unofficial Consolidation of the Beneficial Ownership Secure Search System Act (Revised Edition 2020, as amended, consolidated 30 December 2024) · Beneficial Ownership Secure Search System Act (2020 Revised Edition) · Counter-Terrorism Act, 2021 · Proceeds of Criminal Conduct Act (Revised Edition 2020) · Anti-money Laundering (Amendment) Regulations, 2022 · Anti-money Laundering (Amendment) Regulations, 2023 · Anti-Money Laundering Regulations (Revised 2020) · Proliferation Financing (Prohibition) (Amendment) Act, 2024 · BVI Business Companies (Amendment) Act, 2023 · BVI Business Companies and Limited Partnerships (Beneficial Ownership) Regulations, 2024 · Non-Profit Organisations Act, 2012 · Financial Investigation Agency (Amendment) Act, 2021 (No. 34 of 2021) · Financial Investigation Agency (Amendment) Act, 2024 · Beneficial Ownership Secure Search System Act (Revised Edition 2020) · Terrorist Asset-Freezing etc. Act 2010 (c. 38) · Virtual Assets Service Providers Act, 2022
Key duties
The continuing obligations concentrate in the Anti-Money Laundering Regulations, the beneficial ownership regime, and reporting duties to the Financial Investigation Agency. Several duties carry short fixed deadlines; those are highlighted first.
Deadline-driven duties
- Beneficial ownership changes: Under the BVI Business Companies (Amendment) Act, 2023, a company must file changes to beneficial owner information with its registered agent within 15 days of the change; comparable 15-day notification duties apply to foreign companies and, under the consolidated BOSS Act, to entities notifying their registered agent.
- MLRO notification: Under the 2022 AML amendment, relevant persons must notify the Commission (if Commission-regulated) or otherwise the Agency in writing within 14 days of appointing a Money Laundering Reporting Officer.
- Information production to the FIA: A person required to produce documents or information to the Agency must do so within five working days of the request under the Financial Investigation Agency Act and its 2021 amendment.
- DNFBP change notification: Under the 2024 FIA amendment, DNFBPs must obtain prior FIA approval before changing directors, senior officers or controllers, and must notify the Agency within fourteen days of such a change.
- Limited partnership filings: The Limited Partnership (Amendment) Act, 2024 requires filing of registers of partners and beneficial ownership information with the Registrar within 30 days of registration or continuation, and partnership agreement amendments within 15 days.
Core AML compliance programme
- Customer due diligence: Relevant persons must maintain identification and verification procedures and must not form a relationship or complete a transaction without satisfactory evidence of identity; simplified measures are permitted only in qualifying low-risk cases.
- Record-keeping: Records of identity verification, transactions and reports must be kept for the specified retention period, and a register of money laundering reports and inquiries maintained.
- Governance: Each relevant person must appoint a Money Laundering Reporting Officer, conduct due diligence audits, maintain suspicious-transaction procedures, and provide staff training; procedures must be submitted for approval to the Commission or the Agency.
- Suspicious transaction reporting: Suspicious transaction reports and disclosures relating to money laundering, terrorist financing and drug money laundering must be made to the Financial Investigation Agency, which the Proceeds of Criminal Conduct and Drug Trafficking amendments confirm as the central reporting authority.
Registration and beneficial ownership
- VASP registration: No person may carry on a virtual assets service in or from the Virgin Islands without Commission registration; VASPs must appoint an authorised representative, auditor and compliance officer, safeguard client assets, and comply with AML/CFT requirements.
- NPO registration: NPOs must register with the Board, renew annually (renewal no later than one month after expiry), notify changes, and maintain records and accounts.
- Beneficial ownership identification: Registered agents must take reasonable steps to identify beneficial owners and registrable legal entities and maintain an RA database; entities must identify their ownership and disclose any relevant activities for economic substance purposes.
- Sanctions and proliferation reporting: The Counter-Terrorism Act imposes mandatory reporting on financial institutions regarding property of designated terrorist entities, and the Proliferation Financing (Prohibition) amendment requires reporting of dealings with designated persons' assets, with the prior 10,000 dollar threshold removed.
Sources: Unofficial Consolidation of the Beneficial Ownership Secure Search System Act (Revised Edition 2020, as amended, consolidated 30 December 2024) · Beneficial Ownership Secure Search System Act (2020 Revised Edition) · Counter-Terrorism Act, 2021 · Drug Trafficking Offences (Amendment) Act, 2021 · Proceeds of Criminal Conduct Act (Revised Edition 2020) · Proceeds of Criminal Conduct (Amendment) Act, 2021 (No. 25 of 2021) · Anti-money Laundering (Amendment) Regulations, 2022 · Anti-money Laundering (Amendment) Regulations, 2023 · Anti-Money Laundering Regulations (Revised 2020) · Proliferation Financing (Prohibition) (Amendment) Act, 2024 · BVI Business Companies (Amendment) Act, 2023 · BVI Business Companies and Limited Partnerships (Beneficial Ownership) Regulations, 2024 · Limited Partnership (Amendment) Act, 2024 (No. 23 of 2024) · Non-Profit Organisations Act, 2012 · Financial Investigation Agency Act (Revised Edition 2020) · Financial Investigation Agency (Amendment) Act, 2021 (No. 34 of 2021) · Financial Investigation Agency (Amendment) Act, 2024 · Beneficial Ownership Secure Search System Act (Revised Edition 2020) · Virtual Assets Service Providers Act, 2022
Exemptions and carve-outs
The instruments provide several carve-outs, mostly for regulated funds and listed entities, and for entities already subject to equivalent disclosure.
- Beneficial ownership exemptions: Under the BOSS Act, mutual funds, listed entities, licensees and their qualifying subsidiaries are exempt from providing certain beneficial ownership information unless they carry on a relevant activity attracting economic substance requirements.
- 2024 BO Regulations: The Beneficial Ownership Regulations, 2024 do not apply to entities listed on a recognised exchange, subsidiaries of entities already subject to the Regulations, entities subject to equivalent international disclosure standards (on providing supporting information), or entities dissolved or de-registered before commencement.
- MLRO approval: The 2024 Miscellaneous Exemptions amendment removes the need for Commission approval to appoint an MLRO for private, professional, public, recognised foreign, private investment, incubator and approved funds and approved investment managers; they must instead notify the Commission within 14 days and remain bound by their compliance and reporting functions.
- Annual return: The BVI Business Companies (Amendment) Act, 2022 exempts listed companies, financial-services-regulated companies already reporting to the Commission, and companies filing tax returns with the Inland Revenue Department from the annual financial return; foreign company register-of-members duties carry an exception for entities listed on a recognised exchange.
- CDD thresholds: The 2022 AML amendment sets thresholds below which identity evidence is not required for one-off transactions (generally under 15,000 dollars, under 3,000 dollars for gaming and betting, under 1,000 dollars for virtual assets service), subject to aggregation rules and an override where money laundering is suspected.
- Financing business: The Financing and Money Services (Exemptions) Regulations exempt certain foreign companies from licensing for financing business, subject to conditions including a 1,000,000 dollar cap, a maximum of five VI borrowers, and a recognised-jurisdiction requirement.
- Sanctions licences: The terrorist asset-freezing and airspace-restriction measures provide for exceptions and licences, including humanitarian flight approvals granted by the UN 1267 Committee together with the Governor's permission.
Sources: Unofficial Consolidation of the Beneficial Ownership Secure Search System Act (Revised Edition 2020, as amended, consolidated 30 December 2024) · Beneficial Ownership Secure Search System Act (2020 Revised Edition) · Air Navigation (Airspace Restrictions) Regulations, 2013 · Anti-money Laundering (Amendment) Regulations, 2022 · BVI Business Companies (Amendment) Act, 2022 (No. 6 of 2022) · BVI Business Companies and Limited Partnerships (Beneficial Ownership) Regulations, 2024 · Financing and Money Services (Exemptions) Regulations (Revised 2020) · Financial Services (Miscellaneous Exemptions) (Amendment) Regulations, 2024 (SI No. 55 of 2024) · Beneficial Ownership Secure Search System Act (Revised Edition 2020) · Virtual Assets Service Providers Act, 2022
Enforcement and penalties
Enforcement runs through the Financial Services Commission, the Financial Investigation Agency, and the criminal courts. Monetary penalties vary widely across the instruments; the figures below are those the summaries state.
Regulatory and administrative penalties
- AML Regulations: Breach of the AML Regulations is an offence; the 2022 amendment increased the maximum fine on conviction under regulation 17(1) to 150,000 dollars. The Proceeds of Criminal Conduct Act caps penalties under its AML compliance regulations at 150,000 dollars.
- FIA non-compliance: Failure to comply with an FIA information-production request or freeze order is punishable by a fine up to twenty thousand dollars or imprisonment up to two years; unauthorised disclosure by a person connected with the Agency carries a fine up to ten thousand dollars or imprisonment up to one year.
- Beneficial ownership (2023 Act): Non-compliance by a company with the register of members requirement carries a summary fine of 30,000 dollars; a foreign company's failure on document-keeping and beneficial ownership duties carries a 10,000 dollar fine.
- 2024 BO Regulations: Contraventions are tiered, with penalties up to 10,000 dollars (Tier 1), 25,000 dollars (Tier 2), 50,000 dollars (Tier 3) and 75,000 dollars (Tier 4, including knowingly making a false statement).
- NPOs: Administrative fines run from 1,000 to 20,000 dollars; operating an unregistered NPO is punishable by a fine up to 10,000 dollars or up to six months imprisonment, and knowingly providing false registration information by a 5,000 dollar fine or up to one year imprisonment.
- VASPs: The Virtual Assets Service Providers Act sets out offences and penalties of fines up to 100,000 dollars and/or up to five years imprisonment for specified contraventions.
- ITA and financing exemption: Failure to attend an ITA examination under oath is an offence with a fine up to five thousand dollars; providing a false or materially inaccurate affidavit under the financing exemption is punishable by a fine up to 20,000 dollars or up to two years imprisonment.
Criminal proceeds and CFT offences
- Proceeds of Criminal Conduct: The 2023 and 2025 amendments raise fines and adjust prison terms for money laundering offences, with the 2025 amendment introducing fines up to 1,500,000 dollars and longer imprisonment terms, alongside new production, restraint and account monitoring order powers.
- Drug trafficking: The Drug Trafficking Offences amendments substantially increase fines and prison terms and add account monitoring orders (up to 90 days) that financial institutions must comply with notwithstanding confidentiality restrictions.
- Sanctions and proliferation: Dealing with or making funds or economic resources available to designated persons is a criminal offence under the terrorist asset-freezing regime, and the proliferation financing amendment recasts the equivalent prohibitions as strict liability offences.
Institutional enforcement powers
- FSC: Under the Financial Services Commission Act, the Commission may conduct inspections, take enforcement action, issue public statements, impose fines, and suspend or revoke licences.
- FIA: The 2024 FIA amendment lets the Agency deregister DNFBPs, direct licence cancellation or suspension, require enforcement costs and issue public statements; failure to cooperate is an offence with a fine not exceeding twenty thousand dollars.
- Liquidation: The Insolvency (Amendment) Act, 2024 expands the grounds on which the Commission may apply to appoint a liquidator, including involvement in money laundering, terrorist financing or proliferation financing offences.
Sources: International Tax Authority (Amendment) Act, 2022 (No. 3 of 2022) · Drug Trafficking Offences (Amendment) Act, 2023 · Drug Trafficking Offences (Amendment) Act, 2025 (No. 8 of 2025) · Proceeds of Criminal Conduct Act (Revised Edition 2020) · Proceeds of Criminal Conduct (Amendment) Act, 2023 · Proceeds of Criminal Conduct (Amendment) Act, 2025 · Anti-money Laundering (Amendment) Regulations, 2022 · Proliferation Financing (Prohibition) (Amendment) Act, 2024 · BVI Business Companies (Amendment) Act, 2023 · BVI Business Companies and Limited Partnerships (Beneficial Ownership) Regulations, 2024 · Non-Profit Organisations Act, 2012 · Financing and Money Services (Exemptions) Regulations (Revised 2020) · Financial Investigation Agency Act (Revised Edition 2020) · Financial Investigation Agency (Amendment) Act, 2024 · Financial Services Commission Act (Revised Edition 2020) · Insolvency (Amendment) Act, 2024 · Virtual Assets Service Providers Act, 2022