HM Treasury’s Consultation on Money Laundering Regulations 2017 SUBMISSION FROM TRANSPARENCY INTERNATIONAL UK
Introduction In this submission, Transparency International UK (TI-UK) responds to questions in HM Treasury’s consultation on the Money Laundering Regulations 2017 (MLR 2017).1 TI-UK previously made a submission in response to HM Treasury’s consultation on the transposition of the Fourth Money Laundering Directive (4MLD) in November 2016.2 The UK is a prime destination for corrupt individuals looking to invest or launder the proceeds of their illicit wealth, enjoy a luxury lifestyle and cleanse their reputations. While it is difficult to determine the exact figure, the UK’s National Crime Agency (NCA) estimates that at least £36 billion to £90 billion in illicit funds may be flowing through the UK’s financial system each year.3 Transposing 4MLD and updating the UK’s money laundering regulations is essential to aiding the detection and deterrence of this money. In this submission TI-UK recommends: 1. 2.
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Simplified due diligence should not be applied to company formations. HMRC should lead a thorough thematic study of the particular risks within the Trust and Company Service Provider (TCSP) sector and conduct an assessment of overall anti-money laundering AML compliance levels, with the results made public, as soon as possible. The Government should consider money laundering risks associated with company formations made directly through Companies House. Lettings agents ought to be brought within the scope of the MLR 2017. The definition of Politically Exposed Persons (PEPs) should include members of international sporting federations, along with their family members and those known to be close associates. The Government should revisit its proposals to extend the requirement to hold Customer Due Diligence (CDD) information, with a view to extending it beyond the current 5 year period. The Government should review the enforcement tools for tackling money laundering in the UK and ensure that all AML supervisors have the necessary sanctions to provide a credible deterrent to money launderers. It should be made a requirement under the MLR 2017 for professional body supervisors to meet the Macrory standards of transparency by publishing an enforcement policy and the details of the sanctions they impose. Professional body supervisors should be institutionally separate from their promotional and commercial activities.
https://www.gov.uk/government/consultations/money-laundering-regulations-2017/money-laundering-regulations-2017 [Accessed 3 April 2017] 2 http://www.transparency.org.uk/publications/hm-treasurys-consultation-on-the-transposition-of-the-fourth-money-launderingdirective/ [Accessed 3 April 2017] 3 http://www.nationalcrimeagency.gov.uk/publications/731-national-strategic-assessment-of-serious-and-organised-crime-2016/file page 28 [Accessed 6 April 2017]