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Debanking and the UK AML/Sanctions all-crimes framework: POCA, SAMLA and FCA oversight driving account closures, and the case to reform suspicion thresholds, immunities, DAML consents and OFSI licences

Published on: 29 May 2024

Published by a Law360 reporter
Legal News
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Article summary

The share of upheld complaints climbed to 36% in the latest year, having been 27% or lower across each of the preceding three years overall. Complaints about closures linked to financial crime concerns or politically exposed persons have nearly trebled since 2020–2021 period. The committee is worried about the effects of account closures (debanking) on individuals and businesses. To deal with the issue properly, it needs to understand and remedy certain unhelpful and counterproductive aspects of anti-money laundering (AML) laws. This article will set out the principal questions around crimes and immunities, the risks facing banks and the choices available to them, and, lastly, the potential for genuine change.

Crimes and Immunities

The Proceeds of Crime Act 2002 (POCA 2002) bars banks from handling funds that contain any proceeds of any criminal conduct, where they know or suspect that this is the case. It also obliges banks to report to the UK's National Crime Agency any reasonable grounds to suspect that someone is laundering money, which further lowers the threshold for suspicion...

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