PORTFOLIO OF LEGAL AFFAIRS
The Portfolio of Legal Affairs is headed by the Attorney General. The Office of the Attorney General is constituted by section 56 of the Cayman Islands Constitution Order 2009, under which the Attorney General is appointed as the principal legal adviser to Government and the Legislative Assembly. The Attorney General is also an ex-officio member of the Legislative Assembly and Cabinet.
The Portfolio of Legal Affairs is comprised of the following Departments:
|Solicitor Generalís Office||Reshma Sharma|
|Legal Drafting Department||Cheryl Neblett|
|Law Reform Commission||Jose Griffith|
|Law Revision Commission||Camille Stoll-Davey|
|Cayman Islands Law School||Mitchell Davies|
|Financial Reporting Authority||RJ Berry|
|Anti-Money Laundering Unit||Francis Arana|
Solicitor Generalís Office
The Solicitor Generalís Office (SGO) provides legal advice and representation to Government Departments and statutory boards and authorities. The legal advice spans the full spectrum of the exercise of the duties and responsibilities of Government Departments, statutory boards and public authorities, including guidance on the exercise of statutory powers and the interpretation of statutory provisions. The SGO also represents Government Departments and statutory boards/ authorities in proceedings before the Grand Court and the Court of Appeal when the decisions of the Government are subject to any form of legal challenge. In addition, the SGO represents Government Departments in proceedings before statutory tribunals such as the Planning Appeal Tribunal.
The Legislative Drafting Department
The Constitution empowers the Legislature to make laws for the peace, order and good governance of the Cayman Islands. The Legislative Drafting Department is responsible to the Attorney General, and through him to the Cabinet, for the provision of an effective legislative drafting service. The Legislative Drafting Department has the following main categories of work:
Drafting instructions are provided to the Legislative Drafting Department through the Cabinet. Instructing offices may be Ministries, Portfolios and Government Departments.
Law Reform Commission
The Law Reform Commission was established by the Law Reform Commission Law No. 6 of 2005 and commenced operation on 16 September, 2005.
In accordance with the Law, the Commissionís mandate is to study and keep under constant review the statutes and other laws comprising the law of the Cayman Islands with a view to its systematic development and reform, including in particular -
The work of the Commission is four-fold
(a) conducting legal research
(b) carrying out public and governmental consultation
(c) preparing reports on law reform topics; and
(d) drafting reform and other legislation.
The Commission, in the performance of its functions, may
The staff of the Commission (Director and Legislative Counsel), pursuant to the instructions of the Attorney General, assist the Legislative Drafting Department with urgent work and in other circumstances where staff of the Legislative Drafting Department are not otherwise available to assist in a particular matter.
Law Revision Commission
The operational role of the Law Revision Department is to produce an annual revision and consolidation of all the laws of the Cayman Islands that have been amended during the previous 12 months. In addition the Law Revision Commission produces annually, a consolidated index of laws and regulations containing additional legal measures, including United Kingdom statutory instruments. The revisions and Index referred to above are published as Supplements to the Official Gazette and are intended to supply information to the public in general and to the legal profession in particular.
Cayman Islands Law School
The Cayman Islands Law School (CILS) exists pursuant to Section 20 Legal Practitioners Law (2012 Revision) which makes provision for the establishment by the Governor (in consultation with the Legal Advisory Council) of a local system of legal education. The establishment of the CILS followed a feasibility study (The Fairest Report) which had been commissioned in order to facilitate the legal training of Caymanian individuals interested in pursuing a career in legal practice. As the CILS was originally established as a vocational school for the training of lawyers, it made sense for it to form part of the Attorney Generalís Chambers where it has since remained.
The CILS clients are its students, both local and international. Approximately 25% of the CILS students are now international students who possess a student visa for this purpose. The CILS also provides legal advice, as requested, to other Ministries and Departments and is frequently called upon to provide legal training to other departments, notably the police and the judiciary.
The Financial Reporting Authority (FRA)
The Financial Reporting Authority (FRA) is established by Part II of the Proceeds of Crime Law 2008 (PCL) to serve as the Cayman Islands Financial Intelligence Unit for the receipt and processing of financial information received from local entities and individuals who are required to report suspicions of money laundering and/or financing of terrorism under the PCL. The role of the FRA is to receive, analyze and disseminate disclosures of financial information concerning proceeds of criminal conduct, suspected proceeds of criminal conduct, money laundering, suspected money laundering, or the financing of terrorism. As a member of the EGMONT Group, the FRA is the contact point for international exchanges of financial intelligence with its overseas counterparts. The FRA also makes disclosures where appropriate to local law enforcement agencies. It has been designated as having the regulatory oversight of the Designated Non-Financial Businesses (DNFBPs) as required under the Financial Action Task Force 40 Recommendations but these functions are not yet carried out as the staffing and other resources have not been allocated.
The FRAís primary objective is to provide timely and high quality financial intelligence to local and overseas law enforcement agencies through their local FIUs, in keeping with the statutory requirements of the PCL.
The Anti-Money Laundering Unit
The AMLU was established in March 2014 in recognition of the need to assess money laundering and terrorist financing (ML/TF) risks nationally and to foster greater inter-agency cooperation & coordination. The Financial Action Task Force (FATF) 40 Recommendations (International Standards for Combating Money Laundering and Financing of Terrorism & Proliferation) require that ML/TF risks be assessed (Recommendation 1) and that there be an effective mechanism for cooperation and coordination domestically (Recommendation 2). The Unit plays a key role as an agency established for anti-money laundering and combating the financing of terrorism (AML/CFT) coordination.
The AMLU is a unit of the Attorney Generalís Chambers has been spearheading the preparatory work for the Cayman Islandsí fourth round of mutual evaluation assessments (in the third quarter of 2017) in which the jurisdictionís anti-money laundering and combating the financing terrorism (AML/CFT) framework will be assessed for compliance with, and effective implementation of, international standards. The benchmark for the assessment is the revised Financial Action Task Force (FATF) 40 Recommendations and the Methodology for Assessing Technical Compliance with the FATF Recommendations and the Effectiveness of AML/CFT Systems.
The Finance Unit
The Finance Unit of the Portfolio of Legal Affairs provides financial support for the Portfolio as well as Judicial Administration, the Office of the Director of Public Prosecutions, the Office of the Complaints Commissioner and the Information Commissionerís Office.
The Finance Team consists of 3 persons:
Ms. Tiffany Ebanks, Chief Financial Officer (CFO)
Email: firstname.lastname@example.org Direct: 244-4510
Ms. Kathleen Brown-Gremli, Deputy CFO
Email: email@example.com Direct: 244-4507
Ms. Shemina McLaughlin, Financial Administrator
Email: Shemina.McLaughlin@gov.ky Direct: 244-4517
For finance related matters (queries, quotes, invoices, statements), the following email addresses can be used:
Portfolio of Legal Affairs: LegalFinance@gov.ky
Office of the Director of Public Prosecutions: DPPFinance@gov.ky
Last Updated 2020-09-11