Money Laundering Regulations

Money laundering is the process by which criminals turn their 'dirty' income – which is usually earned in cash – into 'clean' money, by undertaking transactions which hide the original source of the cash and/or turn the cash into 'legitimate assets'.

The Government's battle against money laundering has caused a massive increase in the compliance burden for firms of all kinds engaged in financial transactions, following the passing of the Proceeds of Crime Act 2002, which became law in February 2003. The main thrust of the regulatory regime is based on the need to 'know your client' (KYC), which is backed by the requirement to report any suspicious transactions. It is estimated that over 100,000 suspicious transactions will be reported to the authorities in the current year.

Money laundering now comes under the remit of the Serious Organised Crime Agency (SOCA).

Compliance with money laundering regulations can cause delays in the completion of quite innocent transactions when there is a need to get 'clearance' for the transaction in question. It is worth remembering that time may be necessary for this - especially when dealing with larger transactions with a foreign element. Do not be surprised, even as a client of long standing, if your bank or other financial institution asks to have sight of your passport before you are permitted to open a new account or undertake a transaction.

Recently, the money-laundering regulations have been revamped somewhat to place more emphasis on management control and the need to carry out a proper form of risk-assessment.

More information on money-laundering regulations can be found at the HM Treasury website. The Money-laundering Regulations 2007 were published on 25 July 2007 and took effect in December 2007.

 

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.