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Guernsey Financial Services Commission’s Handbook on Money Laundering and Terrorist Financing
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The Guernsey Financial Services Commission’s Handbook provides guidance on the regulations and rules for financial services businesses in Guernsey. The following is a summary of key points related to money laundering and terrorist financing.
Regulation 12(a) - Appointment of Money Laundering Reporting Officer (MLRO)
Requirements for MLRO
- A financial services business must appoint an MLRO who meets specific criteria, including:
- Being a natural person
- Employed by the business
- Resident in Guernsey
- Having sufficient resources to perform duties
- The MLRO is responsible for reporting suspicious transactions to the Financial Intelligence Service (FIS).
Regulation 12(b) - Nominated Officer
Requirements for Nominated Officer
- A financial services business must nominate another person to receive disclosures in the absence of the MLRO.
- The nominated officer must be:
- Of at least management level
- Appropriately qualified
Regulation 3 - Risk Assessment and Mitigation
Key Requirements
- A financial services business must carry out a suitable and sufficient money laundering and terrorist financing business risk assessment, which is specific to the business.
- The business risk assessment must be regularly reviewed, at a minimum annually, and updated as necessary.
- Before establishing a business relationship or carrying out an occasional transaction, a risk assessment must be undertaken.
- Policies, procedures, and controls on forestalling, preventing, and detecting money laundering and terrorist financing must be:
- Appropriate
- Effective
- Having regard to the assessed risk
Key Objectives
Responsibilities of Board and Senior Management
- The Board and senior management of a financial services business are responsible for managing the business effectively and evaluating potential risks.
- A financial services business should take a proportionate risk-based approach to the risk of its products and services being used for money laundering and terrorist financing.