Комментарии Министерства иностранных дел и дел Содружества (Foreign and Commonwealth Office) для всех использующих закон лиц. Раскрывается история и порядок введения правил закона; цели законодателя, стоящие за формулировками положений. Полный текст оригинала на английском языке.

Понедельник, 08 июля 2019

Schedule 2: Money laundering and terrorist financing etc

Schedule 2 provides further detail on the scope of the regulations that can be made under section 49 (relating to money laundering and terrorist financing). Paragraph 1 of Schedule 2 makes express provision that regulations made under section 49 may do anything mentioned in paragraphs 2 to 17. These paragraphs cover the broad topics addressed in the Money Laundering Regulations 2017. The Money Laundering Regulations 2017 are the main legislation that transposes 4MLD (and the enforcement provisions of the associated Funds Transfer Regulation 2015/847/EC) into UK law.

The effect of paragraphs 1 to 17 of Schedule 2 is that regulations made under section 49 may make provisions addressing similar topics to those addressed in the Money Laundering Regulations 2017. Paragraph 7, for example, confirms that regulations made under section 49 can confer supervisory functions on the Financial Conduct Authority (FCA), Her Majesty’s Revenue and Customs (HMRC) and other prescribed bodies and gives a non-exhaustive list of powers or duties that could be conferred on such supervisory authorities. Paragraph 13 establishes that only the FCA and HMRC may impose civil monetary penalties for breach of regulations made under section 49, preserving the existing position within the Money Laundering Regulations 2017. Paragraph 1 also confirms that such regulations may also address topics other than those set out in paragraphs 2-17 provided that they fall within the scope of section 49. Paragraph 22 confirms that regulations made under section 49 may impose requirements in relation to conduct outside the UK by a UK natural or legal person. This is a continuation of the policy position under the Money Laundering Regulations 2017, and captures – for example – instances where a person in an overseas branch of a UK firm commits an offence under regulations made for the purpose of preventing money laundering.

Paragraph 23 confirms that regulations made under section 49 may, subject to any modifications that the appropriate Minister considers appropriate, make provision corresponding or similar to the Money Laundering Regulations 2017, the EU Funds Transfer Regulation and any provision made under 4MLD (as these have effect immediately prior to the UK’s withdrawal from the EU). Paragraph 23(1)(b) confirms that regulations made under section 49 can be used to amend or revoke such legislation.

Paragraph 24 defines certain terms used in section 49 and Schedule 2. In particular, it confirms that the definitions of "money laundering" and "terrorist financing" have the meaning currently used in the Money Laundering Regulations 2017.