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Reporting suspicions Checklist This Checklist consolidates duties arising from the Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000) concerning the requirement to disclose knowledge or suspicion of money laundering, terrorist financing or proliferation financing. It also captures recommended good practice to help prevent money laundering and the funding of terrorism, drawn from the latest SRA Preventing Money Laundering and Financing of Terrorism thematic review (March 2018), together with a range of SRA AML reports and publications. The Checklist directs you to relevant Precedents you may adopt or tailor to meet these obligations and suggestions. A section is provided for you to record whether each step has been completed, and to add comments or note actions. For further guidance, see Practice Note: Reporting suspicions of money laundering and terrorist financing—law firms. Requirement ☐ Appoint a nominated officer — Compulsory. The nominated officer is the individual designated to receive suspicious activity reports (SARs) under TA 2000 and POCA 2002. See subtopic:...
When carrying out due diligence on the purchase of a head lease, it is vital to identify who carries the obligation to insure, on what conditions, and whether those terms align with the insurance provisions in any occupational leases. The head-lease tenant, as the holder of a valuable interest, should also have a right to the insurance monies if the property is damaged; without that, the asset’s value and prospects for disposal or funding can be adversely affected. What are the key issues to consider in due diligence if the tenant insures? Where the tenant must keep the property in repair, the head lease may require the tenant to arrange cover, either in the tenant’s own name or in the joint names of landlord and tenant. Inadequate insurance can leave the tenant without the resources to reinstate following loss or destruction caused by an insured risk. If the lease places the duty to insure on the tenant, the buyer must confirm the policy satisfies...
This Flowchart sets out the National Crime Agency (NCA) glossary codes most frequently used when completing a Suspicious Activity Report (SAR) via the SAR Portal, together with the additional reporting avenues you ought to consider and assess. The complete list of SAR Glossary Codes appears in SAR Glossary Codes and Reporting Routes for reference. Note 1 SARs regime The SARs regime is not a vehicle for reporting crimes or issues involving immediate danger to others. It exists to enable disclosures of knowledge or suspicion of money laundering or terrorist financing strictly under the Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000). Alongside sending a SAR to the NCA, you may therefore need to notify the matter by alternative routes, eg if an offence is underway or there is an immediate risk to a person. We have indicated where this could be appropriate and relevant. Where feasible, make these additional notifications first, so any urgent concerns can be handled swiftly by the relevant...
On 6 March 2025, the European Banking Authority (EBA) published a consultation paper setting out draft Regulatory Technical Standards (RTS). These draft RTS were issued following the European Commission’s (Commission) Call for Advice. They constitute a component of the European Union’s (EU) Anti-Money Laundering and Countering the Financing of Terrorism (AML/CTF) package, which was published in the Official Journal of the European Union on 19 June 2024...
In this issue: Investigating criminal conduct Criminal procedure and evidence Proceeds of crime Sentencing Bribery, corruption, sanctions and export controls Consumer protection and cartels Cybercrime and data protection offences Environmental offences Financial services and pensions offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Money laundering International Other corporate crime news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Standards of candour in closed hearings, and corporate witness statements (Attorney General v BBC; R (‘Beth’) v IPT) When scrutinising MI5’s actions across two High Court cases, the court addressed the grave consequences of presenting inaccurate material within closed hearings. It outlined the tightly confined situations that can justify a departure from open justice under section 6 of the Justice and Security Act 2013 (JSA 2013). The court further...
In this issue Criminal procedure and evidence Appeal and judicial review Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Challenging the decision not to prosecute (R (on the application of Hillary Smith) v DPP) The High Court’s judgment in R (on the application of Hillary Smith) v Director of Public Prosecutions delivers notable guidance on three fronts: the weight to be attached to inquest conclusions when the Crown Prosecution Service’s (CPS) decides whether or not to bring a prosecution; the position the courts are likely to take in judicial review proceedings when scrutinising the reasonableness of the CPS’s application of the two-stage...
ARCHIVED: This Practice Note has been archived and is not maintained. For details on government bills touching corporate crime in 2025, refer to Practice Note: Corporate Crime bills tracker—2025 [Archived] as signposted. This Practice Note monitored the journey of government bills pertinent to corporate crime as they moved through the UK Parliament across the period 1 January to 31 December 2024. It also included links to additional material on each item of legislation, offering further information for every bill referenced. For insight into notable secondary legislation of interest to corporate crime practitioners in 2024, see Practice Note: Corporate Crime horizon scanner—2024 [Archived] for context. After the 2024 general election was declared, numerous bills lapsed automatically on the dissolution of Parliament at that time. For further detail, see News Analysis: General election announced for 4 July 2024 and LNB News 24/05/2024 99 for background. The 2024 King’s Speech outlined the government’s priorities nationally and proposed measures for the next parliamentary session, including several bills...
Banking regulation—Luxembourg—Q&A guide This Practice Note provides a jurisdiction-specific Q&A on banking regulation in Luxembourg, published in the Lexology Getting the Deal Through series by Law Business Research (law stated as at 7 February 2023). Authors: Loyens & Loeff—Adrien Pierre; Vanesa Gomez Pena. 1. What are the principal governmental and regulatory policies that govern the banking sector? Luxembourg is a leading financial centre, so nurturing the financial industry is a core policy aim. The Ministry of Finance partners with Luxembourg for Finance (the agency for the development of the financial centre) to promote, expand and diversify the Luxembourg financial centre, while identifying new opportunities. Digitalisation. Anti-money laundering and countering the financing of terrorism (AML/CFT). Sustainable finance. Financial education. Policies are being adapted as needed to respond to the covid-19 pandemic, to which the sector has shown strong resilience. 2. What are the defining characteristics of a bank to be caught by the banking laws and regulations? Is...
This Practice Note looks at the insurance provisions in the main forms of JCT contract. It examines the Contractor’s liabilities and insurance obligations under the JCT Design and Build Contract (DB) 2024 and the JCT Standard Building Contract (SBC) 2024. Where clause numbering differs between the two forms, this Practice Note draws attention to it; otherwise, clause references apply to both DB and SBC. The 2024 and 2016 editions made adjustments to the insurance provisions compared with the 2011 editions, including updates to professional indemnity insurance in the 2024 version and, in 2016, relocating much of the text from Schedule 3 into the main conditions and introducing the C.1 Replacement Schedule, see Practice Note: JCT contracts 2016—what's changed? [Archived] and News Analysis: The JCT Design and Build Contract 2024—what’s changed? For how insurance and risks are addressed in the NEC3/NEC4 Engineering and Construction Contract, see Practice Note: NEC contracts—insurance. For FIDIC contracts, see Practice Notes: FIDIC contracts 2017—insurance and FIDIC contracts (pre-2017 editions)—insurance. This Practice Note considers the JCT...
1 Introduction This financial sanctions policy outlines the procedures we have put in place to meet financial sanctions obligations under the UK sanctions regime that apply to our business across each jurisdiction in which we operate. 2 What are financial sanctions? Financial sanctions are temporary international restrictions intended to: encourage a shift in the behaviour of a specific country or regime; apply pressure on certain countries or regimes to achieve stated objectives; prevent and suppress the financing of terrorism. Financial sanctions are also used as an enforcement measure of last resort when international peace and security have been threatened. They limit dealings in money and the provision of financial services, and can include prohibiting transfers of funds to or from certain countries, individuals, or entities. They are designed to create an adverse effect on persons (individuals or corporate entities) that are designated or, for some sanctions, connected with a prescribed country, in several different ways...
Internal Suspicious Activity Report (SAR) Form This internal suspicious activity report (SAR) form has been crafted to make the process of submitting SARs to the nominated officer as straightforward as possible. Its aim is simplicity; it is not intended to be time‑consuming and should not feel daunting. Nevertheless, you are not obliged to use this form to file a suspicious activity report. If you would prefer an initial, informal discussion with the nominated officer—either to help decide whether a formal SAR ought to be submitted, or to receive support in drafting and submitting a formal SAR—you are very welcome to proceed that way. Please note that reporting to the nominated officer, in whatever form, is the only means of ensuring your personal position is protected under the Proceeds of Crime Act 2002 and the Terrorism Act 2000, should your suspicions prove to be correct... SAR Reference Number: (nominated officer use only) [ Insert number ] A record of this Suspicious Activity Report (SAR) will be retained...
The law and red flags Circle the correct answer. Question Multiple choice answers What is money laundering? (a) The method by which criminal proceeds, their real source and ownership are altered to make those funds seem lawful What is terrorist financing? (b) Supplying or raising money from lawful or unlawful sources to support terrorist activities What are red flags? (a) Indicators that suggest money laundering, terrorist funding, and proliferation financing How do you need to act when looking out for red flags and other signs of money laundering, terrorist financing and proliferation financing? (c) As a prudent person would, with comparable qualifications, knowledge and experience to yours Failure to disclose can result in what penalty? (c) Up to five years’ custody, a financial penalty, or a combination of both What can be a defence to the offence of failure to disclose? (c) Submitting a SAR to the nominated officer Which Act establishes a number of money laundering offences? (a) The...