Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999

Status per Guernsey Legal Resources (guernseylegalresources.gg) (as at 2026-07-25)

Consolidated text incorporating amendments up to the Criminal Justice (Proceeds of Crime (Access to Beneficial Ownership Information) (Amendment) Ordinance, 2025.

Summary

This is the principal Bailiwick of Guernsey anti-money laundering and asset confiscation statute, originally enacted in 1999 and now consolidated with decades of amending Ordinances and Regulations. It establishes the framework for confiscation, restraint and charging orders against criminal proceeds, criminalises dealing in criminal property, gives investigators powers such as customer information and account monitoring orders, and imposes ongoing AML/CFT duties on financial services businesses, relevant businesses and specified (DNFBP-type) businesses operating in the Bailiwick.

Confiscation and restraint: Provides for confiscation orders on conviction, restraint and charging orders, realisation of realisable property, and enforcement of external (overseas) confiscation orders.
Money laundering offences: Criminalises concealing or transferring criminal property, assisting another to retain criminal property, acquisition, possession or use of criminal property, and tipping off; also creates a corporate offence of failure to prevent money laundering.
Investigative powers: Enables orders to make material available, customer information orders and account monitoring orders, with related offences for non-compliance, plus offences of prejudicing an investigation or destroying relevant documents.
Duties on regulated businesses: Imposes duties on financial services businesses (Schedule 1), relevant businesses (Schedule 2) and specified businesses (Schedule 3), including registration requirements and compliance with beneficial ownership obligations, with the Commission empowered to conduct site visits and obtain warrants for enforcement.
Seized Assets Fund: Establishes a Seized Assets Fund and a Seized Assets Management Board to manage and report on seized and forfeited assets.
Beneficial ownership access: Schedule 13 sets out access by Bailiwick obliged entities to beneficial ownership information, linked to compliance obligations under section 49DA.

Because this is a long-standing consolidated law incorporating many amending instruments, specific obligations (registration procedures, reporting duties, offence thresholds) are detailed throughout the substantive Parts and Schedules; entities should consult the relevant Schedule and section for their business type.

Key obligations

Financial services businesses, relevant businesses and specified businesses must comply with the customer due diligence, registration and other AML/CFT duties set out under sections 49, 49A and 49AA and Schedules 1 to 3
Businesses and their unregulated officers must comply with beneficial ownership obligations under section 49DA
Businesses and individuals must comply with customer information orders and account monitoring orders issued under sections 48A to 48M, including making required disclosures and statements
Persons must not conceal, transfer, assist in retaining, acquire, possess or use criminal property (offences under sections 38 to 40)
Persons with knowledge or suspicion of a money laundering investigation must not tip off others (section 41), subject to the disclosure exceptions in sections 42 to 44
Relevant persons must not prejudice an investigation or destroy documents relevant to an investigation (sections 47 and 47A)
Corporate bodies must ensure compliance to avoid liability under the corporate offences provisions (section 49E) and the failure to prevent money laundering offence (section 48MA)

Applies to

financial services businesses, relevant businesses, specified businesses, unregulated officers, trustees and partners, estate agents, accountants, non-locally qualified legal professionals, advocates, bodies corporate and partnerships

Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999

Summary

Key obligations

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