On 8 February 2024, the FCA published a statement confirming that the Upper Tribunal (UT) had decided not to suspend restrictions that the Financial Conduct Authority (FCA) has placed on e-money firm Nvayo Limited (Nvayo). These restrictions, which appear on the FCA’s register, include restrictions on the business
Money laundering
Council of EU publishes draft Directive amending MREL
On 13 March 2024, the Council of the EU published the text of the draft Directive amending the Bank Recovery and Resolution Directive and the Resolution establishing the Single Resolution Mechanism as regards certain aspects of the minimum requirement for own funds and eligible liabilities. The draft Directive is sometimes known as the ‘daisy-chain proposal’.…
Changes to the list of high-risk countries under 4MLD – Kenya and Namibia added and Barbados, Gibraltar, Panama, Uganda and the UAE removed
On 14 March 2024, the European Commission (Commission) adopted a Delegated Regulation amending Delegated Regulation 2016/1675 as regards adding Kenya and Namibia to the table in point I of the Annex and deleting Barbados, Gibraltar, Panama, Uganda and the United Arab Emirates from that table.
Article 9(2) of the Fourth Anti-Money Laundering Directive…
EBA Call for Advice on Provisional Request for advice regarding regulatory standards and guidelines under the future anti-money laundering / countering the financing of terrorism framework
On 12 March 2024, the European Commission (Commission) published a letter containing a provisional request for advice from the European Banking Authority (EBA), regarding regulatory technical standards and guidelines under the future anti-money laundering (AML) and counter terrorist financing (CFT) framework. The request for technical advice is…
FATF guidance for a risk-based approach for beneficial ownership and transparency of legal arrangements
On 12 March 2024, the Financial Action Task Force (FATF) published guidance on beneficial ownership and transparency of legal arrangements.
The guidance, which is non-binding, aims to assist stakeholders from public and private sectors that regulate, supervise, enforce, form, manage, or administer trusts or similar legal arrangements. It focuses on the Recommendation 25 requirements and…
HMT consults on improving the effectiveness of the Money Laundering Regulations
On 11 March 2024, HM Treasury (HMT) published a consultation on improving the effectiveness of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (the MLRs), which place requirements onto a range of businesses to identify and prevent money laundering and terrorist financing.
HMT committed to…
Commission report on the implementation of 4MLD
On 11 March 2024, the European Commission published its report to the European Parliament and the Council of the EU on the implementation of the Fourth Anti-Money Laundering Directive (4MLD). The report is based on information from various sources, namely two surveys conducted by Commission services among Member States, as well as contributions…
Government publishes post-legislative scrutiny memorandum on the Sanctions and Anti-Money Laundering Act 2018
On 5 March 2024, the Foreign, Commonwealth and Development Office published a post-legislative scrutiny memorandum on the Sanctions and Anti-Money Laundering Act 2018 (SAMLA). The memorandum provides a summary and preliminary assessment of the provisions and implementation of the SAMLA.
SAMLA, which received Royal Assent on 23rd May 2018, was enacted to…
New briefing note – Financial Crime Spotlight: Money Laundering Controls in the Real Estate Sector
Money laundering is a significant risk for many firms that conduct business in the UK, but the way this risk materialises and crystalises differs depending upon, amongst other things, the nature of a firm’s business. Due to the differing risk profiles across sectors, firms must tailor their systems and controls to be able to identify…
The Economic Crime and Corporate Transparency Act 2023 (Commencement No. 2 and Transitional Provision) Regulations 2024
On 29 February 2024, the Economic Crime and Corporate Transparency Act 2023 (Commencement No. 2 and Transitional Provision) Regulations 2024 were made. These Regulations are the second commencement regulations made under the Economic Crime and Corporate Transparency Act 2023. They commence certain provisions in Parts 1 to 5 of that Act.