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International cooperation requests for assistance or information

Some of the key areas where we can assist an overseas supervisory authority, law enforcement agency or regulatory officer (‘requesting authority’) include:

obtaining and providing information about applications from financial institutions for licensing in the overseas jurisdiction, or applications on behalf of principal persons (beneficial owners, significant persons and senior managers of financial institutions)
obtaining and providing information in response to enquiries about the fitness and propriety of overseas financial institutions or their senior management in Jersey
obtaining and providing information where it is suspected that a person is conducting financial business in an overseas jurisdiction without a licence
assisting an overseas supervisory authority to undertake onsite examinations in Jersey of branches or subsidiaries of overseas companies
assisting by appointing an inspector to investigate and report on the affairs of a company
disclosure of beneficial ownership and significant person information

How we can assist a requesting authority

We can assist a requesting authority in the following ways:

refusing or revoking a prudentially supervised business’s registration or permit
imposing, revoking or varying conditions of a prudentially supervised business’s registration or permit
applying to the Royal Court for an order making a prudentially supervised business subject to such supervision, restraint or conditions as the Royal Court may specify
obtaining information and documents
giving a prudentially supervised business a direction requiring it to take, or refrain from taking, certain action
appointing an inspector
applying to Jersey’s Bailiff (Chief Judge) for a warrant to enter and search premises
communicating information that is in the possession of the JFSC (within the requirements concerning confidential and restricted information)
disclosing beneficial ownership and significant person information within the scope of the relevant law

Conditions for assistance

Jersey’s legislation requires certain conditions to be met before we can assist a requesting authority:

the requesting authority must discharge a function that is the either:
- same as, similar to, a function of the JFSC; or
- recognised in Jersey law as a law enforcement agency or regulatory officer
the request must assist the authority in the discharge of its administrative functions
where a breach of legislation is suspected, we must receive information showing there are reasonable grounds for this suspicion
the requesting authority must treat any shared information with appropriate confidentiality and comply with any conditions that we consider necessary to attach to the disclosure

In deciding whether to assist a requesting authority, Jersey’s financial services and AML/CFT/CPF legislation states that we may take the following factors (among others) into account:

whether corresponding assistance would be given in that country or territory to the JFSC
whether the case concerns the possible breach of a law, or other requirement, which has no close parallel in Jersey or involves the assertion of a jurisdiction not recognised by Jersey
the seriousness of the case and its importance in Jersey and whether the information could be obtained by other means
whether it is otherwise appropriate and in the public interest to give the assistance

Costs of assisting

Our policy is to assist a requesting authority without charging, unless the assistance would likely involve a substantial cost. Where a charge is considered necessary, we will discuss with the overseas supervisory authority what contribution would be appropriate.

Making a request for assistance

Make your request via email, through the form and a letter. Your request should be in English. To assist requesting authorities, a template request letter is available.
Where breaches of legislation are suspected and assistance is required, please specify the reason for your request. In these types of cases, we often find it helpful for a requesting authority to initially discuss the request orally or in an informal email so that guidance can be given on how best to structure the formal written request, in due course. Visit our contact page for details.
We must be satisfied that a requesting authority will treat any information disclosed with appropriate confidentiality. Please include a summary of the confidentiality provisions that will apply in your jurisdiction when handling any information that we provide you. Details on the confidentiality provisions applying to information disclosed to us by a requesting authority can be found on each department page and in our confidentiality requirements for shared information guidance.

How do I know where to send my information request?

To determine where to submit your information request, please review the responsibilities of each division listed below.

Each link provides details on the types of requests handled by the respective division, including how they process international cooperation information requests.

Registry

Registry can assist with enquiries concerning Jersey-registered entities and disclosures of ownership or control including:

requests for investigations into the affairs of Jersey entities, subject to applicable terms and conditions
disclosures of beneficial ownership and significant persons

Find out more about submitting a request to Registry

Policy

The Policy team considers requests that relate to regulatory guidance, policy matters, or international cooperation frameworks:

requests referencing JFSC guidance or policy positions
enquiries involving international agreements, such as Memoranda of Understanding (MoUs)
matters requiring interpretation or clarification of regulatory policy

Find out more about submitting a request to Policy