Reporting Of Suspicion (SARs)
When should I submit a report to the FIS?
A Suspicious Activity Report (SAR) is a report of suspicion that another person is engaged in money laundering or terrorist financing. It is also commonly known as a Disclosure Report.
A person acting in the capacity of a financial services business (FSB) or a non financial services business is required to submit a disclosure report to a prescribed police officer who is a member of the Financial Intelligence Service (FIS) as soon as that person knows or suspects (or has reasonable grounds for knowing or suspecting) that another person is engaged in money laundering or terrorist financing. Further that the information or other matter on which his knowledge or suspicion is based, or which gives him his reasonable grounds for that knowledge or suspicion came to him in the course of the business and makes the disclosure as soon as practicable after the information or other matter comes to him.
Reports of suspicion of money laundering must be disclosed either under the Disclosure (Bailiwick of Guernsey) Law, 2007 or suspicions relating to terrorism must be disclosed under the Terrorism and Crime (Bailiwick of Guernsey) Law, 2002, as amended.
A person acting in the capacity of a financial services business or a non financial services business will commit an offence when he fails to report that knowledge or suspicion to the Financial Intelligence Service in the form and manner prescribed by Law.
That person does not commit an offence if he has a reasonable excuse for not disclosing the information or other matter, or he is a professional legal adviser and the information or other matter came to him in privileged circumstances, or he does not know or suspect that another person is engaged in money laundering or that he has not received training as required by regulation of the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 or in the case of a non financial services business any relevant rules or guidance were not followed.
When should I submit a report regarding an 'attempted transaction'?
The Financial Investigation Unit (FIU) have published a guidance document concerning 'Attempted Transactions' which can be found in the links below. The objective of the document is to assist Financial Services Businesses and prescribed businesses in the determination of whether a Suspicious Activity Report (SAR) should be submitted to the FIS.
How do I submit my report to the FIS?
The Disclosure Law and Terrorism and Crime Laws enabled the Home Department to prescribe by Regulation the form and manner in which reports must be made.
Consequently, reports of suspicion must be submitted to a prescribed police officer at the Financial Intelligence Service by
1. Using the online reporting facility available on the website of the Guernsey Financial Investigation Unit. Or
2. With authorised consent from the FIU, and by using the form prescribed within the Regulations and included in the GFSC Handbook.
Website online reporting
For a financial services business or a non financial services business the Electronic reporting facility introduced by regulation in 2011 is the recommended method for submitting a report of suspicion of money laundering or terrorist financing. This online facility is accessed through the Guernsey Financial Investigation Unit's website www.guernseyfiu.gov.gg - online reporting login.
To access and use this facility a person must first register with the Financial Intelligence Service. To enable this registration process, relevant contact details are required together with an authorisation should the required person be acting on behalf of a FSB or Non FSB. A registration form can be downloaded below. Registration forms can be submitted via post or email to the Financial Intelligence Service, Ozanne Hall, Mignot Plateau, St Peter Port Guernsey GY1 1LF or via firstname.lastname@example.org .
Guidance and instructions on the use of the facility are available below.
This facility will allow secure transmission of reports from a person or an institution to the Financial Intelligence Service, together with receipt of relevant responses.
Prescribed form for Written Reporting
Regulation allows written reports to be made by using 'the form' as specified in the schedule to the regulations. A copy of the form as a Word document can be downloaded below.
The form can be utilised with the authority of an authorised person of the FIU in the absence of the Electronic reporting method.
It is important that the relevant information is completed within the appropriate fields and not merely placed within the 'Reasons for Suspicion' field or appended on a separate document.
On receipt of a disclosure an acknowledgement will be undertaken by the FIS.
Authorised submissions of written reports are sent:
By post: Guernsey Border Agency, Financial Intelligence Service, Ozanne Hall, Mignot Plateau, Cornet street, St Peter Port, Guernsey GY1 1LF.
By Fax: 01481 710466
By email: email@example.com
Contact telephone number: 01481 714081
Document downloadsDisclosure Form Disclosure Form Strictly Private and Confidential - pdf document MLRO Distance Learning Package (Version 2) MLRO Guidance and Information on how to use the Online Reporting System THEMIS MLRO Manual MLRO User Manual for THEMIS THEMIS MLRO Quick Hints and Tips Quick Guidance for MLRO's on how to use THEMIS Attempted Transactions Guidance Document THEMIS Registration Form THEMIS Registration Form (v2.3) New THEMIS Log On Procedures Password and Log On Procedures June 2015
Financial Investigation UnitOzanne Hall, Mignot Plateau, Cornet Street, St Peter Port, GY1 1LF, Guernsey
Tel: 44 (0)1481 714081 Fax: 44 (0)1481 710466