Jersey has signalled its determination
to clamp down on the island's burgeoning offshore trust industry.
Strict new rules were imposed yesterday on companies specialising
in setting up trusts and offshore companies in Jersey in order
to prevent the islands financial sector falling prey to
money laundering and other unsavoury activities.
The Financial Services (Extension)
(Jersey) Law, designed to protect consumers and crack down on
money laundering, came into effect yesterday and under its provisions,
as many as a tenth of trust and other companies providing offshore
services could disappear over the next four months. There are
about 300 such firms in Jersey and it is estimated that they have
as much as £115 billion of assets in trust.
A press release from the Jersey Financial
Services Commission (FSC) called the Financial Services (Extension)
(Jersey) Law a "ground-breaking new law" and said "No
other jurisdiction in the world yet has such a fully comprehensive
regulatory regime for this financial sector, which remains unregulated
in London and other major financial centres."
The FSC said the new law will 'impose
rigorous standards of professionalism, ethics and solvency on
the Island's 300 (approx) Trust and Company Service providers
who create trusts and act as trustees as well as incorporating
and acting as administrators for thousands for companies and.
acting as directors of those companies. Their services can be
used by companies for debt securitisation or captive insurance
as well as by individuals for wealth management.'
Richard Pratt, FSC Director General,
commented: 'Jersey firms undertake more trust administration than
most other offshore jurisdictions. The majority of businesses
in this sector already impose high standards but this law will
enable us to ensure that they all do. This is a financial area
that is seen as potentially vulnerable to money laundering, and
although it is already subject to anti money laundering legislation
on UK lines, this new law allows us further powers. The Commission
can now visit the businesses, making sure they are fully compliant
with the law's standards.'
Under the new law trust companies
will need to be licensed to continue in business. The Codes of
Practice reinforce the existing requirements for a business to
know its customers, to establish the source of their wealth and
to report any suspicions. They must also adhere to high standards
of integrity, solvency and competence. For example, there will
be strong protections for customer money with additional requirements
for high levels of qualifications and experience.
Mr Pratt said: 'Regulating this sector
can give clients additional confidence that businesses are required
to meet high standards. A key additional advantage is that the
Commission can check and ensure compliance with Jersey's strict
anti money laundering regime.'
The FSC has set a timetable for applying
the new law, which as as follows:
- November 27, 2000 - Law comes
into effect. Commission opens for applications from businesses
seeking to be licensed.
- February 2, 2001 - It becomes
illegal to conduct business without a licence. This is also
the closing date for applications for existing businesses seeking
to continue doing business until their review completed.
- May 27, 2001 - All legal provisions
(except professional requirements) now apply.
- November 4, 2005 - Professional
requirements to be met in full.