On 24 June 2022, HM Treasury published two post-implementation reviews and a forward looking review of the UK’s anti-money laundering and countering the financing of terrorism (AML/CFT) regime. The post implementation reviews fulfill HM Treasury’s statutory obligations and cover the Money Laundering Regulations 2017 (MLRs 2017) and the Office for Professional Body AML Supervision Regulations … Continue Reading
In the latest instalment of our Regulation Around the World series, financial services partners in 13 jurisdictions provide an update on anti-money laundering developments. Our global updater is accompanied by further analysis and insights in our Regulation Around the World podcast which is available now to stream and download. The podcast features speakers from the … Continue Reading
On 17 June 2022, the Financial Action Task Force (FATF) published the outcomes of its plenary on 14 to 17 June 2022. Delegates from over 200 jurisdictions participated in the plenary and the FATF expressed its deepest sympathies for the people of Ukraine, and as a result of Russia’s invasion, the FATF agreed to severely … Continue Reading
On 17 June 2022, the National Crime Agency (NCA) and the UK Financial Intelligence Unit (UKFIU) published updated guidance on suspicious activity report (SAR) glossary codes and reporting routes. The key points outlined in the updated guidance are as follows: The glossary codes are crucial for enabling the UKFIU and wider law enforcement to conduct … Continue Reading
On 15 June 2022, HM Treasury published a draft of The Money Laundering and Terrorist Financing (Amendment) (No. 2) Regulations 2022 together with a draft explanatory memorandum. The draft statutory instrument follows HM Treasury’s response document concerning amendments to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. … Continue Reading
On 15 June 2022, HM Treasury issued its response document to its October 2021 consultation on the steps the government proposes to take to amend the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs 2017). The consultation was undertaken at the same time HM Treasury issued a call … Continue Reading
On 14 June 2022, the European Banking Authority (EBA) published a final report containing draft guidelines setting out expectations of the role, tasks and responsibilities of the anti-money laundering / countering the financing of terrorism (AML/CFT) compliance officer and the management body. In particular the draft guidelines cover: The role and responsibilities of the management … Continue Reading
On 10 June 2022, there was published on the legislation.gov.uk website, The Economic Crime (Transparency and Enforcement) Act 2022 (Commencement No. 2 and Saving Provision) Regulations 2022. The Regulations bring into force three provisions in Chapter 1 of Part 3 of the Economic Crime (Transparency and Enforcement) Act 2022 (the Act), which relate to financial … Continue Reading
On 9 June 2022, the Financial Action Task Force (FATF) published a follow up report and technical compliance re-rating on anti-money laundering and counter-terrorist financing measures in the United Kingdom. The report analyses the UK’s progress in addressing the technical compliance deficiencies identified in its mutual evaluation report, relating to recommendations 13 and 29. The … Continue Reading
On 31 May 2022, the European Supervisory Authorities (ESAs) published a joint report on the withdrawal of authorisation for serious breaches of anti-money laundering / countering the financing of terrorism (AML/CFT) rules. Objective 5 of the EU’s 2018 Council Action Plan on AML required the ESAs and Member State prudential and AML supervisors to clarify … Continue Reading
As the economy starts to recover following the impact of the COVID-19 pandemic, regulatory changes are under way in the anti-money laundering and market abuse space. In addition, the events in Ukraine, and the wide range of financial sanctions imposed on Russia in response, are having a significant impact on financial markets and must now … Continue Reading
On 11 May 2022, the Wolfsberg Group published FAQs on how undertaking screening for negative news and other forms of adverse information can enhance a financial institution’s awareness of potential financial-crime risk posed by both existing and prospective customers. The Wolfsberg Group recognises that there is no universally agreed and accepted definition of negative news. … Continue Reading
On 9 May 2022, there was published on the legislation.gov.uk website The Economic Crime (Transparency and Enforcement) Act 2022 (Commencement No. 1) Regulations 2022. These Regulations bring into force on 15 May 2022 amendments to the Proceeds of Crime Act 2002 made by Part 2 of the Economic Crime (Transparency and Enforcement) Act 2022 in … Continue Reading
The FCA has recently conducted a review of financial crime controls at a sample of six challenger banks in order to identify the key financial crime risks to which such banks are exposed. The review was prompted by a substantial increase in the volume of Suspicious Activity Reports (SARs) filed by challenger banks. Whilst the … Continue Reading
On 28 April 2022, the House of Commons’ Treasury Committee published the responses from the Government, FCA and Payment Systems Regulator to its report on Economic Crime. In its report the Treasury Committee urged the Government to legislate against online fraudulent adverts and seriously consider whether online giants should reimburse those who fall victim to … Continue Reading
On 22 April 2022, the FCA published its findings following a multi-firm review into the financial crime controls at challenger banks. The review was conducted in 2021, predating the significant expansion of sanctions against Russia. Although the FCA’s focus on sanctions was limited, the main financial crime and money laundering controls it assessed equally apply … Continue Reading
On 19 April 2022, the Financial Action Task Force (FATF) published a report providing an overview of the state of global efforts to tackle money laundering, terrorist and proliferation financing. The report finds that in terms of laws and regulations, 76% of countries have now satisfactorily implemented the FATF’s 40 Recommendations. This is a significant … Continue Reading
On 4 April 2022, the European Banking Authority made available the translations of the revised guidelines on risk-based supervision. These revised guidelines set out the steps supervisors should take to ensure adequate anti-money laundering / countering the financing of terrorism oversight of their sector and support the adoption, by credit and financial institutions, of effective … Continue Reading
On 31 March 2022, the European Parliament announced that the Committee on Economic and Monetary Affairs (ECON) and the Committee on Civil Liberties (LIBE) had adopted their position on the proposed Regulation on information accompanying transfers of funds and certain cryptoassets. The draft Regulation is part of the European Commission’s new anti-money laundering package and … Continue Reading
On 29 March 2022, the Wolfsberg Group published its guidance on digital customer lifecycle risk management. This guidance explores how non face-to-face customer interaction could be considered a standard, or even lower risk channel for a financial institution, by further developing three core anti-money laundering / countering the financing of terrorism controls: More effective identification, … Continue Reading
On 28 March 2022, there was published on the legislation.gov.uk website The Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations 2022 (No. 393) together with an explanatory memorandum. This statutory instrument amends the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the MLRs) by substituting the list of … Continue Reading
Introduction On 15 March 2022, the European Parliament’s Economic and Monetary Affairs (ECON) and Civil Liberties, Justice and Home Affairs (LIBE) Committees published a draft joint report on the European Commission’s (Commission) proposal for a Regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing … Continue Reading
On 24 March 2022, there was published a letter from the European Banking Authority (EBA) to John Berrigan (Director General, Directorate-General for Financial Stability, Financial Services and Capital Markets Union) and others regarding the European Commission’s anti-money laundering / countering the financing of terrorism (AML/CFT) package and issues related to supervisory cooperation and selection criteria … Continue Reading
On 22 March 2022, the European Banking Authority (EBA) published the findings from its assessment of Member State competent authorities’ (NCAs) approaches to anti-money laundering and countering the financing of terrorism (AML/CFT) supervision, but the EBA has found that significant challenges remain in key areas such as the identification and assessment of money laundering (ML) … Continue Reading
