Money Laundering Law and Regulation: A Practical Guide

1: The Background to Anti-money Laundering Law and Regulation

• Introduction
• Money laundering defined
• The process of money laundering
• The rise of global anti-money laundering measures
• The role of the Financial Action Task Force
• The origins of the money laundering offences in international law
• Terrorist financing
• Anti-money laundering law and regulation in the UK
• Offences of money laundering: the mental element
• Implementation of the new money laundering law and regulation
• Conclusion

2: The Key Concepts in Money Laundering Law

• Introduction
• Criminal Property
• Criminal Conduct
• The Mental Element: Knowledge, Belief and Suspicion

3: The Money Laundering Offences under the Proceeds of Crime Act 2002

• Introduction
• Overview of Offences
• The Concealing etc. Offence (section 327)
• The Arrangements Offence (section 328)
• Acquisition, Use and Possession Offence (section 329)
• Conspiracy to Money Launder
• Sentencing

4: The Money Laundering Offences under the Terrorism Act 2000

• Introduction
• International Legal Provisions
• UK Terrorist Money Laundering Provisions under Part III of the Terrorism Act 2000
• Key concepts under the Terrorism Act 2000
• Definition of <"Terrorist Financing>" in Regulation 2 Money laundering Regulations 2007
• Section 15 Raising funds for the purposes of terrorism
• Section 16 Use and possession of money or other property for the purposes of terrorism
• Section 17 Funding arrangements for the purposes of terrorism (s 17)
• Section 18 Money Laundering by Concealing, removing from a jurisdiction, or transferring terrorist property (s 18)
• Section 23 Forfeiture
• Section 62 Counter-Terrorism Act 2008
• The Al Qaida and Taliban (United Nations Measures) Order 2006/2952
• The Terrorism (United Nations Measures) Order 2009/1747
• The Terrorism (United Nations Measures) Order 2006/2657
• Section 22 Penalties

5: Disclosure and the SARs Regime

• Introduction
• Disclosures and 'SARs'
• The two different disclosure regimes under POCA: Required and Authorised disclosures
• The SARs regime: structure and purpose
• The SARs regime in practice
• The consent regime
• The role of the nominated officer
• Conclusion

6: Disclosure and the Disclosure Offences under the Proceeds of Crime Act 2002

• Introduction
• Disclosure and offences of failure to disclose
• Authorised disclosures and appropriate consent
• Ancillary provisions

7: Disclosure and the Disclosure Offences under the Terrorism Act 2000

• Introduction
• The disclosure provisions: overview
• Required disclosures: business outside the regulated sector
• Required disclosures: the regulated sector
• Other required disclosures
• Disclosure by constables
• Disclosure and/or consent as a defence
• Protected disclosures

8: Unlawful Disclosure and Tipping Off

• Introduction
• Background
• Unlawful disclosures under the Proceeds of Crime Act 2002
• Unlawful disclosures under the Terrorism Act 2000
• Conclusion

9: Regulation: The Regulated Sector and its Obligations

• Introduction
• The regulated sector - "relevant persons"
• Customer due diligence: the main provisions
• Customer due diligence: simplified due diligence, enhanced due diligence and ongoing monitoring
• Customer due diligence: ancillary provisions
• The requirements under Part 3 of the Regulations

10: Regulation: Supervision, Registration and Enforcement

• Introduction
• Supervision
• Registration
• Enforcement: introduction
• Enforcement: investigative powers
• Enforcement: civil penalties
• Enforcement: criminal penalties

11: Cash Declaration, Seizure, and Forfeiture

• Cash Declarations
• Recovery of Cash in Summary Proceedings
• Forfeiture of terrorist cash

12: The Law in Practice

Robin Booth, Partner, BCL Burton Copeland, Simon Farrell QC, Barrister, 3 Raymond Buildings, Guy Bastable, Partner, BCL Burton Copeland, and Nicholas Yeo, Barrister, 3 Raymond Buildings