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Anti-money laundering

Thursday 07 August 2008

Anti-money laundering logo

Compliance with money laundering obligations is one of the greatest challenges for solicitors in the UK today. The Law Society is committed to assisting solicitors meet those obligations and provide a robust defence against money launderers attempting to abuse our professional services.

Latest news

Implementing the regulations: register for our survey

The Law Society is conducting extensive research in September to look at the costs and benefits of the new money laundering regulations, and what further services are required to assist compliance. To fully represent your views, register now and ensure your practice's experiences of implementing the regulations are heard.
Read about our research
Register to take part in our research – closing date: 6 August

SOCA releases UK threat assessment 2008/09

The latest UK threat assessment by the Serious Organised Crime Agency has revealed that criminals are becoming more flexible, entrepreneurial and sophisticated.
Read more

Putting anti-money laundering into practice

10 July 2008
Our recent online survey found that solicitors have acted swiftly to update their policies and procedures following the implementation of the Money Laundering Regulations 2007.
Read our survey results
Read a Law Society press release

Equivalent jurisdictions

16 May 2008
HM Treasury has issued a list of jurisdictions outside of the EEA which are considered to have equivalent anti-money laundering legislation to the third European directive.
Read more

Reporting obligations and the consent regime

The Home Office has consulted on how to change the consent regime under POCA 2002, following criticism of the current arrangements. Currently, persons in the regulated sector must not only report suspicious transactions, but they also cannot complete those transactions until they receive consent.

Society calls for urgent review of POCA

The Law Society is calling for a radical review of money laundering legislation where it continues to cause unnecessary problems and substantial waste of resources for solicitors. In particular, we want an urgent review of the reporting defences in sections 327 – 329 of the Proceeds of Crime Act. These create a frequent need to submit trivial or overly technical consent reports. Our concerns are raised in a response to a Home Office consultation on reporting obligations under the consent regime.
Read our consultation response in full (PDF, 81kb)

City of London Law Society (CLLS) calls for clearer proposals

Suzie Ogilvie, risk lawyer at Linklaters, discusses the consent regime proposals.
Read the article


HM Treasury alert on higher risk jurisdictions

HM Treasury has issued advice on specific jurisdictions presenting heightened risks of money laundering or terrorist financing.
Read more

Risk based approach: FATF guidance for non-financial sector

Representatives of the legal profession here and abroad are contributing to a FATF-led project to develop FATF guidance on implementing the risk based approach, aimed specifically at the non-financial parts of the regulated sector.
Read more

Electronic ID verification: avoiding the paper trail

Mark Dunn, Risk & Compliance Director at LexisNexis Butterworths, discusses the revised customer due diligence measures under the Money Laundering Regulations 2007.
Read more

Canada scores low in FATF ratings

The Financial Action Task Force (FATF) has found Canada's anti-money laundering and terrorist financing standards to be 'insufficient to meet FATF recommendations'.
Read more

Cases

Ali and Hussain v Revenue and Customs Prosecutions Office [2008] EWCA Crim 146

The Money Laundering Regulations are designed to afford protection, not just to the public, but also to those in the regulated sector. This was the conclusion of the Court of Appeal in upholding convictions against Mr Ali and Mr Hussain for conspiracy to launder the proceeds of crime.
Read about the case

Pulvers (a firm) v Chan & Others [2007] EWHC 24006 (Ch)

This case highlights the liability of partners in firms where mortgage fraud has occurred, and their ability to claim against individual employees who have been actively involved in the fraud.
Read the full case

R v NW and others [2008] EWCA Crim 2

This case considers whether the Crown must prove what type of criminal conduct generated the benefit represented by criminal property in money laundering cases.
Read the full case

Mortgage fraud: Society issues practice note

18 March 2008

The Law Society has published a practice note to help you identify when mortgage fraud may be taking place.
Read the practice note

Tipping off: amended practice note

22 February 2008

Our anti-money laundering practice note has been updated with advice on recent changes to tipping off offences. The government has substantially changed the tipping off offences in POCA 2002, and introduced new tipping offences and consent defences into the Terrorism Act 2000.

The Law Society actively lobbied the government on these changes to get the best position for solicitors and their clients. The updated practice note has been submitted to the Treasury for ministerial approval. This is expected by the end of March 2008, and will require judges to consider the practice note in any proceedings involving solicitors.

For help navigating the practice note call our practice advice helpline on 0870 606 2522.

Read the updated practice note

More anti-money laundering information

E-mail updates

Subscribe to AML Update to stay up to date with AML developments in the UK and around the world. AML Update replaces Gatekeeper.
Register for e-mail updates
Read previous editions of Gatekeeper

AML services

Training

Anti-money laundering training seminars taking place in 2008 (PDF, 32kb)

Practice notes

Anti-money laundering practice note
Mortgage fraud practice note

Practice Advice Service

The Practice Advice Service can assist solicitors with navigating the new practice note and respond to general queries on AML compliance. It does not provide legal advice or advice on conduct issues, nor does it advise on compliance with the 2003 regulations.

Read FAQs about anti-money laundering

Anti-money laundering directory

Solicitors needing legal advice on anti-money laundering (AML) compliance can access an online directory of solicitors who practise in this area and are willing to be contacted by other solicitors seeking legal advice.
View the online directory

SRA Professional Ethics Helpline

The Solicitors Regulation Authority still provides assistance with conduct issues relating to money laundering.
Professional Ethics Helpline

Related articles

Articles contributed by experts in their fields:

Designing a risk based approach to AML training and awareness
Consent regimes: City of London Law Society (CLLS) calls for clearer proposals
Electronic ID verification: avoiding the paper trail

Background

2 April 2008
HM Treasury alert on higher risk jurisdictions
Canada scores low in FATF ratings
17 December 2007
Money Laundering Regulations
Society secures legal professional privilege
12 December 2007
Mortgage fraud – are you being targeted?
5 October 2007
Law Society challenges new tipping-off offence
25 October 2007
Financial sanctions administration moves to HM Treasury

Consultation responses

Law Society response to the consultation paper 'Obligations to report money laundering: The consent regime' (PDF, 81kb)
Law Society response to the consultation paper ‘Tackling money laundering suspicious activity reports: prescribed form and manner’ (PDF, 37kb)
Law Society response to draft money laundering regulations (PDF, 145kb)
Law Society responses to other consultations (PDF, 39kb)
Law Society response to consultation on tipping off offences (PDF, 80kb)

Links

General

Mortgage fraud practice note
The Law Society's Money Laundering Task Force
Serious Organised Crime Agency (subsuming the National Criminal Intelligence Service)
SOCA's preferred reporting form, and associated guidance for reporting to the SOCA
HM Treasury
Joint Money Laundering Steering Group
Financial Services Authority
Institute of Chartered Accountants
Assets Recovery Agency

International organisations

Financial Action Task Force
International Monetary Fund
Offshore Group of Banking Supervisors
World Bank

EU Money laundering and the terrorist financing

Regulation on information on the payer accompanying transfers of funds
Regulation on controls of cash entering or leaving the Community
EU Commission DG Internal Market
Third Money Laundering Directive (2005/60/EC)

Legislation – proceeds of crime

Proceeds of Crime Act 2002 (Business in the Regulated Sector and Supervisory Authorities) Order 2007 (PDF, 48kb)
POCA Regulations 2007 (PDF, 81kb)
Proceeds of Crime Act 2002
Proceeds of Crime Act 2002 (Commencement No 4, Transitional Provisions & Savings) Order 2003
Proceeds of Crime Act 2002 (Business in the Regulated Sector and Supervisory Authorities) Order 2003
Proceeds of Crime and Money Laundering Regulations 2003 (Amendments) Order 2006
Proceeds of Crime Act 2002 (Money Laundering: Exceptions to Overseas Conduct Defence) Order 2006
Serious Organised Crime and Police Act 2005
Serious Organised Crime and Police Act 2005 (commencement No 1, Transitional and Transitory Provisions) Order 2005
Serious Organised Crime and Police Act (Commencement No 6 and Appointed Day) Order 2006

Legislation – terrorism

Terrorism Act 2000 (Business in the Regulated Sector and Supervisory Authorities) Order 2007 (PDF, 48kb)
TACT Regulations 2007 (PDF, 81kb)
Terrorism Act 2000
Anti-terrorism, Crime and Security Act 2001
The Terrorism (United Nations) Order 2001
The Al-Qaida and Taliban (United Nations Measures) Order 2002

Regulations

Money Laundering Regulations 2003
Money Laundering Regulations 2007

Client guide

Money laundering procedures

Books

Solicitors and Money Laundering (2nd edition) - February 2007