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The Money Laundering
Regulations (MLRs) 2007 effective 15th December 2007.
Under the new MLRs, HMRC is the
supervisory authority for Money Service Businesses
(MSBs), High Value Dealers (HVDs), Trust or Company
Service Providers (TCSPs) and Accountancy Service
Providers (ASPs).
Summary of Institute
of Chartered Accountants England and Wales guidance.
Do the Money Laundering Regulations 2007 mean everything
changes? Don't panic or be lead into panic by others.
The Regulations did not mean great change for those
firms who were already acting in accordance with the
second interim guidance issued by the CCAB. However
there were some changes of which you should be aware.
Firms which are not part of the practice assurance
scheme or covered by the monitoring arrangements of
another anti-money laundering supervisory authority
(which are listed in Schedule 3 of the 2007 Regulations)
will need to register with and be supervised by the HMRC
Besides the supervision implications the key points of
the new Regulations are that from 15th December 2007
firms:
need to have a risk assessment in place, and conduct
their client due diligence on the basis of that
assessment including:
simplified due diligence
enhanced due diligence (including provisions
regarding politically exposed persons
need to identify the beneficial owner of a client
are required to monitor, on an ongoing basis, their
relationship with the client and have evidence of
identity in place for all clients even those which have been on the books for many
years. need to monitor their firm’s compliance with the
regulations HMRC's MLR9
Detailed guidance for implementing the new requirements
is contained in the CCAB anti-money laundering guidance for the accountancy
sector which has now been approved by Treasury and therefore
courts are obliged to take it into consideration when
determining whether an accountants conduct gives rise
to certain offences under the Proceeds of Crime Act 2002
or the Money Laundering Regulations 2007.
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