ARTICLE
31 March 2023

Amendments Proposed To Strengthen CIMA's AML Enforcement, Information Sharing

CI
Cayman Islands Government

Contributor

The Ministry of Financial Services is part of the Cayman Islands Government. The Ministry engages with local and international stakeholders to address policy, regulatory, and legal matters that affect financial services in the Cayman Islands.
Seven amendment Bills, proposed to strengthen CIMA's powers to apply proportionate and dissuasive sanctions to all types of legal persons within its supervision, were published on 27 March in The Cayman Islands Gazette.
Cayman Islands Government, Public Sector
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Grand Cayman, 29 March 2023 – Seven amendment Bills, proposed to strengthen the Cayman Islands Monetary Authority's (CIMA) powers to apply proportionate and dissuasive sanctions to all types of legal persons within its supervision, were published on 27 March in The Cayman Islands Gazette.

The Bills are:

The Bills seek to extend CIMA's sanctions regime to these legal persons who fall under CIMA's supervision: partnerships, exempted liability partnerships (ELPs), limited liability partnerships (LLPs), partners of such partnerships, and unincorporated associations other than a partnership; and the persons concerned in the management or control of such associations.

In addition, amendments to the Monetary Authority Act allow CIMA to spontaneously share non-public information of criminal conduct uncovered during the carrying on of its duties with an overseas regulatory authority.

The Monetary Authority (Amendment) Bill, 2023 introduces clauses that propose:

  • enhancing international cooperation with overseas regulatory authorities, which would allow CIMA to provide these authorities with information, either proactively or upon request, relating to criminal conduct it discovers during the performance of its regulatory functions for regulated entities;
  • simplifying the exchange of information process with the local beneficial ownership competent authority; and
  • extending the application of the disgorgement principle, to prevent persons who breach this law from gaining financially.

The Ministry consulted with local members of the financial services industry throughout 2021 regarding the preparation of these amendment Bills.

"Ultimately, they are intended to improve our AML enforcement regime, and further strengthen our local and international cooperation," said the Minister of Financial Services and Commerce, the Hon. André Ebanks. "This maintains the integrity of the local and international financial services industry."

Minister Ebanks will present the amendment Bills at the next sitting of Parliament.

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