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Jersey Financial Services Commission: Annual Report And ANNUAL REPORT 2009 CONTENTS THE ISLAND OF JERSEY 02 THE JERSEY FINANCIAL SERVICES COMMISSION 04 THE COMMISSIONERS 05 CHAIRMAN’S STATEMENT 07 DIRECTOR GENERAL’S REPORT 10 STRUCTURE CHART 18 INTERNATIONAL STANDARDS AND POLICY DEVELOPMENT 21 SUPERVISORY APPROACH 23 ENFORCEMENT 30 REGISTRY 34 THE SUPPORT DIVISIONS 37 STATISTICAL ANNEX 40 FINANCIAL STATEMENTS 47 CORPORATE GOVERNANCE 59 ANNUAL REPORT 2009 | Page 01 ‘Jersey enjoys a reputation as a well-regulated international finance centre.’ THE Island OF JERSEY Jersey is situated off the north-west coast of France, 14 miles from Normandy and 85 miles from the south coast of England. Within its 45 square miles the Island has a population of around 90,000 and enjoys a reputation as a well-regulated international finance centre. Jersey’s allegiance is to the British Crown but it is not part of the United Kingdom. The Island is not part of the European Union, being neither a separate Member State nor an Associate Member. Jersey has its own legislative assembly, called the States of Jersey, which comprises 53 elected members plus the President. Jersey has its own system of local administration, fiscal and legal systems, and courts of law. Jersey has a ministerial system of government comprising a Council of Ministers led by a Chief Minister. Further information on the workings of government in Jersey can be found on the States of Jersey Website, www.gov.je ANNUAL REPORT 2009 | Page 03 THE JERSEY FINANCIAL SERVICES COMMISSION The Jersey Financial Services Commission (the “Commission”) is responsible for the regulation, supervision and, within its legal remit, the development of the financial services industry in the Island. The Commission is a statutory body corporate, set up under the Financial Services Commission (Jersey) Law 1998 (the “Commission Law”). The Commission Law provides for a Board of Commissioners to be the governing body of the Commission. The Commission Law established the Commission as an independent body, fully responsible for its own regulatory decisions. The Commission is accountable for its overall performance to the States of Jersey through the Minister for Economic Development. The Commission is also responsible, pursuant to powers granted to it under the Companies (Jersey) Law 1991, for appointing a person to exercise certain statutory responsibilities as the Registrar of Companies. The Commission has appointed the Director General of the Commission as the Registrar. The Commission’s key purpose is: To maintain Jersey’s position as an international finance In support of its key purpose, the Commission aims to: centre with high regulatory standards by: • ensure that all entities that are authorised meet fit • reducing risk to the public of financial loss due to and proper criteria; dishonesty, incompetence, malpractice or the financial unsoundness of financial service providers; • ensure that all regulated entities are operating within accepted standards of good regulatory practice; • protecting and enhancing the reputation and integrity of Jersey in commercial and • match international standards in respect of banking, financial matters; securities, trust company business and insurance regulation, and anti-money laundering and terrorist • safeguarding the best economic interests of financing defences; Jersey; and • identify and deter abuses and breaches of regulatory • countering financial crime both in Jersey standards; and and elsewhere. • ensure that the Commission operates effectively and efficiently, and is properly accountable to the Minister for Economic Development. Page 04 | ANNUAL REPORT 2009 THE COMMISSIONERS Non-Executive Commissioners Colin Powell, CBE - Chairman Clive Jones - Chairman Jacqueline Richomme - Deputy Chairman (until September 2009) (from September 2009) Jacqueline Richomme was first appointed Colin Powell became Chairman of the Clive Jones joined the Board of as a Commissioner on 1 October 2001 and Jersey Financial Services Commission in Commissioners on 23 October 2007 and became Deputy Chairman in June 2007. October 1999 and retired in September was appointed Chairman in September She studied law at the University of Durham 2009, having reached the age of 72, the age 2009. Clive retired in June 2007 from a and then at the College of Law, Chester and of retirement as set by the Commission Law. career in international banking spanning qualified as an English Solicitor in 1982. 36 years. He remains as Chairman of the Offshore She joined the Jersey law firm, Mourant du Group of Banking Supervisors (“OGBS”), Prior to his retirement, Clive had been the Feu & Jeune, in 1985 and subsequently a position he has held since 1981, Citigroup Country Officer for the Channel qualified as a solicitor of the Royal Court and represents the OGBS at meetings Islands, which involved being Chairman of Jersey in 1988, becoming a partner of of the Financial Action Task Force. and Managing Director of Citibank Mourant du Feu & Jeune shortly thereafter. (Channel Islands) Limited, as well as He is currently co-chair of the Basel Her legal practice has covered all aspects of Committee Cross-Border Banking Working holding Directorships for all Citibank Companies within the Island. Jersey company, trust and limited partnership Group and an advisor on international affairs law, and she specialises in the provision of to Jersey’s Chief Minister’s Department, He has previously held the posts of President Jersey legal advice to investment funds and and in this capacity will sit on the OECD of the Jersey Bankers Association, Chairman international finance transactions. Global Forum’s Peer Review Group as one of the Jersey Finance Industry Association, of four vice chairmen. and was one of the founding Board members of Jersey Finance Limited. Clive is currently the Vice Chairman of Governors for Highlands College. John Averty John Boothman Alastair Clark, CBE John Averty joined the Board of (until June 2009) (from January to October 2009) Commissioners in December 2005. John Boothman joined the Board of Alastair Clark, CBE, joined the Commission He was born in Jersey and educated at Commissioners in June 2006 and retired on 20 January 2009. He decided to resign Victoria College. in June 2009 in order to focus on his on 31 October 2009 in order to become appointment as Chairman of Jersey senior advisor on financial sector and John is the Chairman and Chief Executive Telecom Group Limited. financial stability at Her Majesty’s Treasury. of the Guiton Group Limited. The Group He retired from the Bank of England in April publishes daily and weekly newspapers in After graduating from Oxford University, John took up a position with Morgan 2007 having held most recently the posts the Channel Islands. It also has a technology of Executive Director and then Advisor to the division. Grenfell (Jersey) Limited in 1974. In 1993, he became managing director of Governor (to which role he was temporarily From 1969 to 1984, John served as a Deutsche Morgan Grenfell (CI) Limited and re-appointed in September 2007 to assist in Member of the States of Jersey, initially as a subsequently of Deutsche Bank International dealing with the current financial crisis). Deputy and latterly on the Senatorial benches. Limited until his retirement in 2002. He continues to serve as a Trustee of the He is currently a non-executive director of a Bank staff pension fund and is chairman John is also the non-executive chairman of a of its Investment Committee. Jersey registered private bank. private equity fund administration company. Alastair is currently also a non-executive director of the London International Financial Futures Exchange (LIFFE) and a member of the Supervisory Board of Euronext NV. ANNUAL REPORT 2009 | Page 05 THE COMMISSIONERS Non-Executive Commissioners Advocate Debbie Lang John Mills, CBE Frederik Musch Advocate Debbie Lang joined the Board of (from October 2009) From 1986 to 1992, Frederik Musch Commissioners on 30 November 2008. John Mills, CBE, joined the Board of held the position in the Dutch Central Bank Debbie qualified as a Jersey Advocate in 1990 Commissioners on 23 October 2009. of Deputy Executive Director in charge of and is a member of the Jersey Law Society. John’s 33 year public service career, until his banking supervision, and represented the Debbie joined the law firm Bailhache retirement in 2007, included appointments Central Bank on the European Union’s Labesse (now Appleby) in 1984 where she as Director of Rural Policy, Department for the Banking Advisory Committee and the Basel was a partner from 1991 to 2005. She was Environment, Food and Rural Affairs; as Chief Committee on Banking Supervision. He was appointed Managing Partner in 1998 and Executive, Policy and Resources, States of a founding member of the Securities Board Managing Director of Bailhache Labesse Jersey; as Chief Executive, Cornwall County of the Netherlands. Trustees Limited in 2000. Debbie previously Council; as Director of Consumer Affairs at From 1992 to 1998 he was Secretary held the position of chairman of the Jersey the Office of Fair Trading; as a member of General to the Basel Committee. In 1998 Child Care Trust and the States of Jersey the Prime Minister’s Policy Unit; and as a he became a founding Director with the Education Audit Committee, and was Principal Assistant Secretary in the Hong Kong Financial Stability Institute at the Bank for also a member of the States of Jersey Civil Service. International Settlements in Basel, from Audit Commission and the Tourism John currently holds two honorary positions which position he retired in 2001. Development Fund. in Jersey as a member of the States Members He was appointed as a Commissioner Debbie is currently a member of the Jersey Remuneration Review Body and as an on 18 July 2001. He retired in Police Complaints Authority and the Jersey Income Tax Commissioner of Appeal. He is mid-2007 as Chairman of the Global Youth Court Panel and holds a number of also vice-chairman of the Port of London Financial Services Regulatory Practice non-executive directorships.
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