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LEGISLATION AMENDMENTS: minor technical changes to the Disclosure Law and the Terrorism and Crime Law

As you will be aware, at the end of November the States of Guernsey approved the Disclosure (Bailiwick of Guernsey) (Amendment) (No 2) Ordinance, 2014 and the Terrorism and Crime (Bailiwick of Guernsey) (Amendment) (No 2) Ordinance, 2014.

The changes were made following comments by the evaluation team during Moneyval's recent evaluation of Guernsey's AML/CFT framework.

These two Ordinances make minor, technical changes to the Disclosure Law and the Terrorism and Crime Law.  The effect of the changes is to re-balance elements of the legislation by recasting language from the offence provisions so that the obligation to report suspicion of money laundering and terrorist financing includes a positive obligation.  The amendments also provide that reports of suspicion should be made as soon as possible rather than as soon as practicable.  There is no difference legally between "as soon as practicable" and "as soon as possible" except in terms of perception in that "as soon as possible" is more readily understandable to persons outside the Bailiwick, particularly those from civil law jurisdictions.

Copies of the consolidated Disclosure Law and the Terrorism and Crime Law are available from the Legal Resources website.


Relevant links & information

Guernsey Legal Resources