Multiple transactions and related accounts
7.70 Where an account contains suspected criminal funds and multiple transactions are anticipated, the current law demands one authorised disclosure for each transaction. This can also occur where an individual or company has more than one account and a series of inter-linked transactions could result in multiple disclosures where information is simply repeated and recycled.
7.71 We provisionally proposed that reporters should be able to submit one SAR instead of many in such circumstances.
Consultation response
7.72 Consultees were overwhelmingly in favour of our proposal for one SAR for multiple transactions. Twenty-nine consultees were in favour and only two were against this proposal.
7.73 The MPS and the NCA disagreed with this proposal. The concern they identified was that this would prevent disclosures being made in a timely manner. We are not persuaded by this argument. There was no suggestion in our Consultation Paper that reporters would be permitted to delay their disclosure. It would be possible to flesh out in guidance what the expectations for disclosure would be. As we identified in our Consultation Paper, large banks for example do operate retrospectively, using algorithms to identify unusual activity which may become suspicious once an investigation has been completed. Inevitably some activity will only come to light after it has occurred.
7.74 However, the responses from the law enforcement agencies do raise a practical issue: whether it is desirable for blanket consent to be given where future similar transactions are anticipated, as would be the case, for example, with regular mortgage payments. This point was also raised by POCLA.
Analysis
7.75 Where further transactions, similar to that which has aroused suspicion are anticipated, one way forward might be for the UKFIU to grant a «blanket» consent. This may prevent the submission of multiple authorised disclosures which provide no further useful intelligence. This is a matter that the Advisory Board, that we recommend, could consider although we make no specific recommendation on this point.
7.76 Given the burden on reporters and the UKFIU, despite the lack of apparent value to law enforcement agencies, the common-sense approach is to allow reporters to lodge one authorised disclosure in the circumstances. There was overwhelming support for this approach amongst consultees. Concerns about timely disclosure can be dealt with in guidance.
Recommendation
7.77 We recommend that reporters should be permitted to submit one SAR for multiple transactions on the same account and for multiple transactions for the same company or individual.
7.78 We have also recommended the creation of an online form in chapter 5 that can be tailored to assist both the reporter, the UKFIU and law enforcement agencies. Such a form should allow reporters to indicate that there are multiple transactions or inter¬linked transactions. This would make for one SAR which was richer in intelligence rather than several where information is repeated.
Recommendation 13.
7.79 We recommend that reporters should be permitted to submit one SAR for multiple transactions on the same account and for multiple transactions for the same company or individual and that this may be addressed in statutory guidance assisting reporters on how to comply with their obligations under Part 7 of POCA.