New money laundering regulations edge closer

New money laundering regulations edge closer

The UK government has again confirmed that it will adopt the EU Fifth Anti-Money Laundering Directive (5AMLD), enacted earlier this year. Lord Henley, a minister for the Department for Business, Energy and Industrial Strategy, noted in a private letter to Margaret Hodge MP that the January 2020 deadline for transposition of the directive falls within the implementation period of Britain’s exit from the UK. The Treasury is planning consultations in winter 2018/19 and spring 2019.

Laundering

Helen Glaze is head of risk, compliance and best practice at Legal Eye

The Law Commission’s recent report also highlighted proposed changes to the money laundering regime by suggesting a greater focus is needed on high-risk events. The commission said that the UK’s current money laundering regime puts too high a load on criminal investigators, is overly onerous for financial institutions, and risks severe financial loss to businesses and individuals who are the subject of suspicious activity reports (SARs).

It is proposing new statutory guidance to reduce the large number of low-quality SARs, by focusing on accounts where there are reasonable grounds to suspect property is criminal property; and to allow banks to respond to a SAR by locking only the suspected criminal funds into an account, while leaving the rest of the account open to trade. It also suggests that commercial organisations rather than employees should be liable for failure to prevent a criminal offence when an employee fails to disclose a suspicion.

Look out for further updates from Legal Eye on this important development. We will be issuing detailed guidance as more information becomes available. Please contact bestpractice@legal-eye.co.uk to be added to our mailing list.

We will also be updating the Legal Eye Academy—our online training platform designed to ensure the consistency and effectiveness of your risk and compliance training across your whole firm—to ensure our clients are well prepared for any changes. Contact bestpractice@legal-eye.co.uk for further information.

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Mark Dugdale

Mark is the Editor of Yorkshire Legal. Mark welcomes articles, letters or feedback from readers and can be reached by emailing mark.dugdale@barkerbrooks.co.uk