Terrorism and Crime (Bailiwick of Guernsey) Regulations 2007

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GUERNSEY STATUTORY INSTRUMENT
ENTITLED
The Terrorism and Crime (Bailiwick of Guernsey) Regulations, 2007  [CONSOLIDATED TEXT] NOTE This consolidated version of the enactment incorporates all amendments listed in the footnote below. However, while it is believed to be accurate and up to date, it is not authoritative and has no legal effect, having been prepared in-house for the assistance of the Law Officers. No warranty is given that the text is free of errors and omissions, and no liability is accepted for any loss arising from its use. The authoritative text of the enactment and of the amending instruments may be obtained from Her Majesty's Greffier, Royal Court House, Guernsey, GY1 2PB. © States of Guernsey

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G.S.I. No. 36 of 2007; as amended by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2008 (G.S.I. No. 27 of 2008); the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2010 (G.S.I. No. 49 of 2010); the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2011 (G.S.I. No. 24 of 2011); the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2014 (G.S.I. No. 51 of 2014). See also the Police Force (Guernsey) Law, 1986 (Ordres en Conseil Vol. XXIX, p. 207).

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The Terrorism and Crime (Bailiwick of Guernsey) Regulations, 2007 ARRANGEMENT OF REGULATIONS

1. Form and manner of disclosure.
2. Request for additional information.
   2A. Request for additional information from third parties.
3. Offence of failure to provide additional information.
4. Defence.
5. Interpretation.
6. Citation and commencement.
   SCHEDULE Form of Disclosure.
   Explanatory Note.

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The Terrorism and Crime (Bailiwick of Guernsey) Regulations, 2007 THE HOME DEPARTMENT, in exercise of the powers conferred on it by
section 15C of the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002a
and all other powers enabling it in that behalf, hereby makes the following Regulations: – [Form and manner of disclosure.

1. (1) Save when paragraph (2) applies, a person shall make a
   disclosure to a prescribed police officer under section 12, 15 or 15C of the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 (the "Law of 2002") by using the online reporting facility available on the website of the Financial Investigation Unit. (2) Subject to the consent of an authorised officer, a person may make a disclosure to a prescribed police officer under section 12, 15 or 15C of the Law of 2002 – (a) by using the form set out in the Schedule to these Regulations ("the Form"), and (b) in compliance with the requirements indicated upon the Form. (3) A completed Form, together with any accompanying information shall be –

a Order in Council No. XVI of 2002 and No. XIII of 2006 and as amended by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Ordinance, 2007.

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(a) delivered by post, or hand, to the addressee, (b) transmitted by electronic mail to the electronic address, or (c) sent by facsimile transmission to the telephone number, indicated upon the Form.] NOTE Regulation 1 was substituted by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2011, regulation 2, with effect from 15th June, 2011.1 Request for additional information.
2. (1) A [prescribed police officer] may, by notice in writing served
upon any person who has made a disclosure under section 12, 15 or [15A] of the Law of 2002 ("the initial disclosure"), require that person to provide the officer (or any other specified officer) with such additional information relating to the initial disclosure as may be specified – (a) within such period which, subject to paragraph (3), shall not be less than 7 days, and (b) in such form and manner, as may be specified. (2) A [prescribed police officer] may by written notice extend the period specified under paragraph (1)(a) for such period of time as he may specify in writing.

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(3) Where a relevant officer is satisfied that the provision of additional information is reasonably required as a matter of urgency he may, for the purposes of paragraph (1)(a) – (a) specify, or (b) authorise any [prescribed police officer] to specify, such reasonable period of less than 7 days within which the information must be provided, as he thinks fit. (4) For the purposes of paragraph (3), "a relevant officer" means – (a) a member of the salaried police force of the Island of Guernsey who holds the rank of inspector or above, (b) a member of any police force which may be established by the States of Alderney who holds the rank of inspector or above, or (c) a customs officer of the grade of senior investigation officer or above. NOTES In regulation 2, the words in, first, the first pairs of square brackets in paragraph (1) and paragraph (2) of Regulation 2 and, second, square brackets in

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© States of Guernsey 6 v.0001 paragraph (3)(b) thereof were substituted by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2010, respectively regulation 2 and regulation 3, with effect from 17th May, 2010; the figures and letter in the second pair of square brackets in paragraph (1) were substituted by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2008, regulation 1, with effect from 19th May, 2008. In accordance with the provisions of the Police Force (Guernsey) Law, 1986, section 2(2), with effect from 19th August, 1986, the reference herein to a member of the salaried police force of the Island of Guernsey shall include a reference to a member of a force present in the Island by virtue of an agreement made under section 1 of the 1986 Law. [Request for additional information from third parties. 2A. (1) This regulation applies where – (a) a person has made a disclosure to a prescribed police officer under section 12, 15 or 15C of the Law of 2002 ("the initial disclosure"), and (b) on the basis of the initial disclosure, the officer has reasonable cause to believe that another person ("a third party") possesses relevant information. (2) A prescribed police officer may, by notice in writing served upon a third party, require that third party to provide the officer (or any other specified officer) with such additional information relating to the initial disclosure as may be specified – (a) within such period which, subject to paragraph (4), shall not be less than 7 days, and

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(b) in such form and manner, as may be specified.
(3) A prescribed police officer may by written notice extend the period specified under paragraph (2)(a) for such period of time as he may specify in writing. (4) Where a relevant officer is satisfied that the provision of additional information is reasonably required as a matter of urgency he may, for the purposes of paragraph (2)(a) – (a) specify, or (b) authorise any prescribed police officer to specify, such reasonable period of less than 7 days within which the information must be provided, as he thinks fit. (5) For the purposes of this regulation – "relevant information" means information which is, or is likely to be, of assistance to any enquiries that a prescribed police officer reasonably believes to be necessary in order to establish – (a) whether any person is engaged in terrorist financing, or (b) that certain property is or is derived from terrorist property, and

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"a relevant officer" has the same meaning as it has for the purposes of regulation 2(3).] NOTE Regulation 2A was inserted by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2014, regulation 2, with effect from 7th August, 2014. Offence of failure to provide additional information.
3. (1) Subject to regulation 4, a person who fails to provide
additional information which he is required to provide under a notice given under regulation 2 [or 2A] – (a) within the period specified, and (b) in the form and manner specified, is guilty of an offence. (2) A person guilty of on offence under paragraph (1) is liable – (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the uniform scale or to both, or (b) on conviction or indictment, to imprisonment for a term not exceeding five years or to a fine or to both. NOTE

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In regulation 3, the word, figure and letter in square brackets were inserted by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2014, regulation 3, with effect from 7th August, 2014. Defence.
4. (1) A person does not commit an offence under regulation 3 if –
(a) he has a reasonable excuse for not disclosing the additional information or other matter, or (b) he is a professional legal adviser and the additional information came to him in privileged circumstances. (2) Information comes to a professional legal adviser in privileged circumstances if it is communicated or given to him – (a) by (or by a representative of) a client of his in connection with the giving by the adviser of legal advice to the client, (b) by (or by a representative of) a person seeking legal advice from the adviser, or (c) by a person in connection with legal proceedings or contemplated legal proceedings. (3) But paragraph (2) does not apply to information which is communicated or given with a view to furthering a criminal purpose.

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Interpretation.
5. (1) In these Regulations, unless the context requires otherwise –
["authorised officer" means the head of the Financial Investigation Unit or other member of the Financial Investigation Unit of the rank of Senior Investigation Officer or above,] ["Financial Intelligence Service" means the division of the Financial Investigation Unit, comprising those police officers and other persons assigned to the division for the purpose of the receipt, analysis and dissemination within the Bailiwick, and elsewhere, of disclosures which are more commonly known or referred to as suspicious transaction reports or suspicious activity reports,] ["Financial Investigation Unit" means that branch of the Customs and Immigration Service responsible for the investigation of financial and economic crime,] "the Form" means the form set out in the Schedule to these Regulations, "Law of 2002" means the Terrorism and Crime (Bailiwick of Guernsey) Law, [2007], ["prescribed police officer" means a police officer who is a member of the Financial Intelligence Service,] "specified" means specified in writing, and other expressions have the same meanings as in the Law of 2002.

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(2) The Interpretation (Guernsey) Law, 1948b applies to the interpretation of these Regulations. (3) Any reference in these Regulations to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied. NOTE In regulation 5, the definition of the expression "authorised officer" was inserted by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2011, regulation 3, with effect from 15th June, 2011; the definitions of the expressions, first, "Financial Intelligence Service", second, "Financial Investigation Unit" and, third, "prescribed police officer" were, respectively, substituted, inserted and inserted by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2010, regulation 4(a), regulation 4(b) and regulation 4(c), with effect from 17th May, 2010. The date in square brackets in the definition of the expression "the Law of 2002" shown, incorrectly, in the printed version of this regulation as "2007" should read "2002". Citation and commencement.
6. These Regulations may be cited as the Terrorism and Crime
(Bailiwick of Guernsey) Regulations, 2007 and shall come into force on the 17th December, 2007.

b
Ordres en Conseil Vol. XIII, p. 355.

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[SCHEDULE Regulations 1 and 5
FORM OF DISCLOSURE
DISCLOSURE FORM
STRICTLY PRIVATE AND CONFIDENTIAL
Please forward with covering letter to:
The Guernsey Border Agency, Financial Investigation Unit:
Financial Intelligence Service,
Ozanne Hall,
Mignot Plateau,
Cornet Street,
St Peter Port,
GY1 1LF
Tel: 714081 Fax: 710466 E-mail: fiu@gba.gov.gg (not secure) Reporting MLRO:
Tel.: E-mail:
Your reference
FIS reference
Date Consent request? Yes/No

1. MAIN DISCLOSURE SUBJECT
   Person
   Title
   Full name (please include

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© States of Guernsey 13 v.0001 former and other names) Is the subject a Politically Exposed Person? (please give details) Gender Date of birth/Alias date of Birth Estimated age Place of Birth Town of Birth Nationality(ies) Occupation Employer Address(es) including postal codes Country of Residence Contact details, e.g. telephone, fax, email Passport number(s) and dates Passport issuing country(ies) Other identification numbers and dates, e.g. national identity card, driving licence etc. (please specify type) Any other relevant information and/or Organisation Type of Organisation i.e. company, trust, non-profit

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© States of Guernsey 14 v.0001 organisation or other Name (please include former and other names) Legal registration/ identification number Address(es) including postal codes Contact details, e.g. telephone, fax, email Place of incorporation/date Country registered/established Date registered/established Any other relevant information (Trust) Country of Administration Country Settled (non-profit organisation) Area of Benefit Area of Operation
2. ASSOCIATED SUBJECTS (including organisation officials)
Official Type
Title
Full name (please include former and other names) Date of birth Address(es) including postal codes For further associated subjects, please copy the formats used above.

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3. RELEVANT ACCOUNTS
Account Name
Account Holder(s)
Financial Institution/
SWIFT/BIC address
Account/product type, e.g. investment, company etc.
Account number and sort code
Date account opened
Date account closed
Account balance/value
Balance/value date
For additional accounts or products, please copy the format used above
4. RELEVANT TRANSACTIONS
Please note that the obligation to report suspicion applies to all types of transaction and attempted transaction, including attempted transactions in circumstances where there is no existing business relationship with the disclosure subject and no such business relationship is subsequently established. Transaction date Transaction amount Transaction type/method Transaction parties (please use person/organisation format as above where more detailed

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© States of Guernsey 16 v.0001 information is available) Was the transaction carried out? Was the transaction made in the context of an existing business relationship? If not, was a business relationship then established? For additional transactions, please copy the format used above
5. CLIENT RELATIONSHIP
Current status of relationship
Date relationship commenced
Date relationship ended
6. REASONS FOR SUSPICION
Please give full account of circumstances and grounds for suspicion Suspected Underlying Offences Please specify where possible the nature of the offences which you suspect may underlie or otherwise be relevant to the transaction, for example fraud or corruption, (whether carried out or not), together with the grounds for that suspicion.

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This disclosure is made under the (please delete as appropriate) Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 Disclosure (Bailiwick of Guernsey) Law, 2007
7. DETAILS OF ANY REQUEST FOR CONSENT
Please specify the act or transaction for which consent is sought
8. ADDITIONAL INFORMATION (including explanation of any
attachments)
NB - Please also provide as much information and documentation as possible to demonstrate why suspicion has been raised and to enable the FIS to fully understand the purpose and intended nature of the business relationship, e.g. copy identification and account opening documents, account statements, contract notes, minutes, correspondence, structure charts, transcripts, etc.] NOTE The Schedule was substituted by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2014, regulation 4, with effect from 7th August, 2014. 2

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EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations prescribe the form and manner in which a disclosure under the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002 must be made. Regulation 2 provides for the circumstances in which a police officer may require a person to provide additional information relating to a disclosure. Regulation 3 makes it an offence to fail to provide any additional information, which has been requested under the regulations, within the period and in the form specified by a police officer. Regulation 4 provides that no offence is committed where a person has a reasonable excuse for not disclosing the information or the person is a professional legal adviser and the information came to him in privileged circumstances. These Regulations come into force on 17 December, 2007.

1
Prior to its substitution, regulation 1 was amended by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2008, regulation 1, with effect from 19th May, 2008; the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2010, regulation 2, with effect from 17th May, 2010. 2 Prior to its substitution, the Schedule was amended by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2010, regulation 5, with effect from 17th May, 2010; and substituted by the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) Regulations, 2011, regulation 4, with effect from 15th June, 2011.

The text of this Explanatory Note is as it was when the Statutory Instrument was first made – that is to say that the Explanatory Note has not been updated to take account of any changes made by subsequent amending Statutory Instruments with their own Explanatory Notes.