The Externally and Non-Regulated Service Providers Regulations, 2013 (“ENRSP Regulations”) came into force on 25 September 2013. The ENRSP Regulations were made under the Proceeds of Crime Act, R.S.A. c. P98 (“POCA”), as amended by section 19 of the Proceeds of Crime (Amendment) Act, 2013.
Section 2(1) of the ENRSP Regulations requires the Commission to establish and keep a register of externally regulated service providers ("ERSP").
The definition of “externally regulated service provider” is set out in section 1(1) and Schedule 3 of the Anti-Money Laundering and Terrorist Financing Regulations, R.R.A. P98-1 (AML/CFT Regulations), as amended by sections 2 and 28 of the Anti-Money Laundering and Terrorist Financing (Amendment) Regulations. The amendments came into force on 25 September 2013 and define the following as an ERSP:
Section 3 of the ENRSP Regulations requires a person who carries on, or intends to carry on, a relevant business in or from within Anguilla to make an application to be registered for that type of relevant business. The application may be made–
A service provider (other than a sole trader) listed under Schedule 2 of the AML/CFT Regulations is required to appoint an individual approved by the Commission as its MLCO / MLRO in accordance with sections 20 and 21 of the AML/CFT Regulations.
Section 2(1) of the ENRSP Regulations also requires the Commission as NRSP Supervisor to establish and keep a register of non-regulated service providers ("NRSP"). Schedule 2 of the AML/CFT Regulations lists service providers, some of which are non-regulated, including:
Section 1 of the AML/CFT Regulations sets out the following definitions:
"'Independent legal professional' means a firm or sole practitioner who, by way of business, provides legal or notarial services to other persons, when preparing for or carrying out transactions for a customer in relation to—
'High value dealer' means a person who, by way of business, trades in goods, including precious metals and precious stones, and receives, in respect of any transaction, a payment or payments in cash of at least $35,000, or the equivalent in a currency other than Eastern Caribbean dollars, whether the transaction is executed in a single operation or in several linked operations."