Terrorism and Crime (Bailiwick of Guernsey) Regulations, 2007 (Consolidated text)

Summary

This is the consolidated text of the Terrorism and Crime (Bailiwick of Guernsey) Regulations, 2007, which implement the disclosure and reporting mechanics under the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002. They set out how a person must make a disclosure of suspicion (e.g. a suspicious activity/transaction report) to the Financial Investigation Unit, and give police officers power to demand further information about a disclosure, backed by a criminal offence for non compliance.

• Manner of disclosure: A person required to disclose under section 12, 15 or 15C of the Law of 2002 must normally do so using the online reporting facility on the Financial Investigation Unit's website; a paper Form (per the Schedule) may only be used with the consent of an authorised officer, and must then be delivered by post, hand, email or fax as indicated on the Form.
• Requests for additional information: A prescribed police officer may serve written notice on a person who made a disclosure (or, under regulation 2A, on a third party believed to hold relevant information) requiring additional information in a specified form and manner, within a period that must generally be at least 7 days, extendable by further written notice.
• Urgent shorter periods: A relevant officer (police inspector or above, an Alderney police officer of equivalent rank, or a senior customs investigation officer) may authorise a period shorter than 7 days where additional information is urgently required.
• Offence for non compliance: Failing to provide additional information within the specified period and form is a criminal offence, punishable summarily by up to 6 months imprisonment and/or a level 5 fine, or on indictment by up to 5 years imprisonment and/or a fine.
• Defence: No offence is committed if the person has a reasonable excuse, or is a professional legal adviser and the information was received in privileged circumstances (unless communicated to further a criminal purpose).

The Regulations came into force on 17 December 2007 and have been amended several times (2008, 2010, 2011, 2014); this consolidated version incorporates those amendments but is stated to be non authoritative and prepared for convenience only.

Key obligations

• A person subject to the disclosure obligations under sections 12, 15 or 15C of the Law of 2002 must make disclosures using the FIU's online reporting facility (or, with consent, the prescribed paper Form) in the manner required.
• A person served with a notice under regulation 2 or 2A must provide the specified additional information within the period specified (not less than 7 days unless urgency is certified) and in the specified form and manner.
• Failure to provide required additional information within the specified time and form constitutes a criminal offence unless a reasonable excuse or legal privilege defence applies.

Applies to

persons making disclosures under the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 (including MLROs and reporting entities), third parties believed to hold relevant information relating to a disclosure, professional legal advisers

Deadlines

• 17th December, 2007: Commencement date of the Regulations.
• not less than 7 days: Minimum period a prescribed police officer must allow for provision of additional information requested under regulation 2 or 2A, unless a relevant officer certifies urgency allowing a shorter period.

Related documents

• This document is made under Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 (Consolidated text)