Police (Information and Assistance to International Law Enforcement Agencies) Regulations

POLICE (INFORMATION AND ASSISTANCE TO INTERNATIONAL LAW ENFORCEMENT AGENCIES) REGULATIONS

PUBLISHING DETAILS Revised under the authority of the Law Revision Act (2020 Revision).

The Police (Information and Assistance to International Law Enforcement Agencies) Regulations, 2017 made 22nd August, 2017 as amended by the Civil Partnership Law, 2020 [Law 35 of 2020] and the Citation of Acts of Parliament Act, 2020 [Act 56 of 2020].

Consolidated with — Police (Information and Assistance to International Law Enforcement Agencies) (Amendment) Regulations, 2024 made 30th July, 2024

Consolidated and revised this 31st day of December, 2024.

Arrangement of Regulations

POLICE (INFORMATION AND ASSISTANCE TO INTERNATIONAL LAW ENFORCEMENT AGENCIES) REGULATIONS Arrangement of Regulations Regulation

Regulation 1

POLICE (INFORMATION AND ASSISTANCE TO INTERNATIONAL LAW ENFORCEMENT AGENCIES) REGULATIONS

Citation These Regulations may be cited as the Police (Information and Assistance to International Law Enforcement Agencies) Regulations (2025 Revision). Interpretation (1) In these Regulations — “Authority” means the Financial Crimes Unit of the Service; “beneficial ownership information” means information maintained on a beneficial ownership register for the legal persons specified in section 3 of the Beneficial Ownership Transparency Act, 2023 (Act 13 of 2023); “beneficial ownership register” has the meaning assigned by section 2 of the Beneficial Ownership Transparency Act, 2023 (Act 13 of 2023); “competent authority” has the meaning assigned by section 5 of the Beneficial Ownership Transparency Act, 2023 (Act 13 of 2023); “designated agency” means the agency designated by a jurisdiction that is listed in the Schedule of the Beneficial Ownership Transparency Act, 2023 (Act 13 of 2023) as the point of contact for the purposes of an agreement between that

Regulation 3

jurisdiction and the Islands respecting the sharing of beneficial ownership information; “international law enforcement agency” means a law enforcement agency or tax authority in a jurisdiction listed in the Schedule of the Beneficial Ownership Transparency Act, 2023 (Act 13 of 2023); and “request” means a request for beneficial ownership information made by an international law enforcement agency in order to prevent or detect corruption, money laundering, terrorist financing, proliferation of weapons of mass destruction or other serious or organised crime. Application These regulations apply to a request to the Authority — (a) for the purpose of conducting or seeking assistance with a criminal investigation carried out by an international law enforcement agency; or (b) pursuant to an agreement between the Islands and a jurisdiction listed in the Schedule of the Beneficial Ownership Transparency Act, 2023 (Act 13 of 2023) respecting the sharing of beneficial ownership information. Contents of request (1) A request shall be addressed to the Authority in writing and may only be accepted by an officer who has passed a security vetting test to a standard agreed to by the Authority and the designated agency for the jurisdiction of the requesting agency. (2) A request shall be made in the format agreed to by the Authority and the designated agency for the jurisdiction of the requesting agency and shall contain — (a) the identity of the authorized individual making the request; (b) confirmation that the request is made pursuant to the prevention or detection of corruption, money laundering, terrorism financing, financing of weapons of mass destruction or other serious or organised crime; confirmation that the requesting authority is making the request pursuant to the requesting authority’s lawful public functions; and (d) if the request is urgent, an explanation of the reasons for the urgency. Non-disclosure of information concerning requests (1) Neither the Authority nor any employee, servant or agent of the Authority shall disclose any information relating to a request, including the fact that the request was made or that a search was carried out in response to the request, to any person other than an authorized individual acting on behalf of the competent authority or the requesting agency.

Regulation 6

(2) Any person who discloses information contrary to this regulation commits an offence and is liable on summary conviction to a fine of one thousand dollars or to imprisonment for a term of twelve months, or to both. Refusal of Authority to comply with request (1) The Authority may refuse to comply with a request if — (a) the request does not contain the information or is not in the format required by regulation 4; or (b) the identity of the individual making the request on behalf of the requesting agency or the authorization of that individual to make the request cannot be confirmed; or compliance with the request might prejudice the constitutional and international obligations of the Islands. (2) Where the Authority refuses to comply with a request on a ground specified in paragraph (1), it shall so inform the requesting agency in writing and state the grounds for the refusal. Execution of search in compliance with a request (1) Subject to regulation 6, the Authority, on receiving a request, shall — (a) certify to the competent authority that the request is proper and lawfully made; (b) cause the competent authority to make a search of the beneficial ownership register of any company or limited liability company in question; and deliver the results of the search, and any beneficial ownership information retrieved by the competent authority to the requesting agency. (2) In urgent cases the Authority shall deliver the results of the search and any beneficial ownership information retrieved to the requesting agency within such time as may be agreed to by the Authority and the designated agency for the jurisdiction of the requesting agency. Publication in consolidated and revised form authorised by the Cabinet this 21st day of January, 2025. Kim Bullings Clerk of the Cabinet

Table of Legislation history: SL # Act/Law # Legislation Commencement Gazette 29/2024

Police (Information and Assistance to International Law Enforcement Agencies) (Amendment) Regulations, 2024 31-Jul-2024 LG26/2024/14

56/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89/2020/s1

35/2020 Civil Partnership Law, 2020 4-Sep-2020 LG64/2020/s1 73/2017

Police (Information and Assistance to International Law Enforcement Agencies) Regulations, 2017 23-Aug-2017 GE71/2017/s1

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