Legal Precedents

Dear [ insert name ] We have been asked by [ Regulators and/or other agencies ] to provide documentation relating to [ Project X ]...

Legally privileged and confidential. Do not circulate further without prior reference to [ insert, eg Head of Legal ]. Date of report: [ insert date ]. Report prepared by: [ insert name of internal department or external law firm providing the report ]. Report provided to: [ Insert name ] – [ Insert job title ] [ Insert name ] – [ Insert job title ] [ Insert name ] – [ Insert job title ] 1 Executive summary [ Insert executive summary ] 2 Complaints/issues The allegation(s) or concern(s) notified are listed below: Allegation 1 [ Insert description of allegation 1 ] Allegation 2 [ Insert description of allegation 2 ] Allegation 3 [ Insert description of allegation 3 ] Allegation 4 [ Insert description of allegation 4 ] 3 Investigation process 3.1 Document review 3.1.1 Collection of electronic data (a) We have secured electronic material comprising forensic captures of laptops, desktop hard drives, mobile devices, USB...

Strictly Private & Confidential Do not distribute beyond [ insert organisation's name ] [ group ] From: [ Head of Legal ] To: [ recipients ] Subject: Retention of documents and data To address any prospective information requests from [ regulators including the SFO, FCA or any other agency ], [ insert organisation's name ], together with any of its [ parent corporations, subsidiaries (‘[ insert organisation's name ] Group’) ] affiliates, predecessors, successors, general partners, limited partners, officers, directors, or employees, may need to supply specified documents and records concerning [ Project X ]. Therefore, until you receive further instruction, please refrain from amending, deleting,......

Question Identify the principal legislation set out here that introduced the corporate offence of failure to prevent the facilitation of tax evasion: (b) Criminal Finances Act 2017 Which of the following is not among the three core essential elements for the failure to prevent tax evasion facilitation offence?......

1 How to use this test These questions assess your grasp following your attendance at our training on preventing the facilitation of tax evasion. Once complete, please submit the finished test to [ Insert name ]. 2 General Name of person completing test [ Insert name ] Role [ Insert role ] Date [ Insert date ] 3 Multiple choice questions Circle the correct option. Which primary legislation introduced the corporate offence of failing to prevent the facilitation of tax evasion? (a) Finance Act 2016 (b) Criminal Finances Act 2017 (c) Serious Crime Act 2015 (d) Proceeds of Crime Act 2002 ......

The Criminal Finances Act 2017 ( CFA 2017) introduced the new corporate offence of failing to prevent the criminal facilitation of tax evasion, effective in law from 30 September 2017. Simply click to obtain the Power Point presentation. The training resources can be customised where required. As this training pack is produced in Power Point, it therefore cannot be downloaded to Word from this page. Contents What does the law say?......

1 Introduction 1.1 We have carried out an organisation-wide review to identify where we face the greatest exposure to involvement in money laundering, terrorist financing and/or proliferation financing. This record sets out the risks considered and the determinations made. The individual accountable for this risk assessment is [ insert name/role ]. 1.2 Our review took into account: the profile and demographic of our customer base; the geographical areas we operate in; the sectors we operate in; the [ services AND/ OR products ] we offer; the type of transactions we are involved in, including delivery channels; existing and future business partnerships and opportunities; and our internal or operational risks......

1 General information Person(s) carrying out the audit: [ Provide name(s) of the individual(s) undertaking the audit ] Auditor classification: ☐ Internal ☐ External Audit dates: From [ enter date ] to [ enter date ] Audit type: ☐ Organisation-wide ☐ Targeted—[ Specify exactly what was targeted, e.g. property transactions funded by cryptoassets ] Office(s) in scope: [ Provide details of the offices included in this audit ] 2 Executive summary [ Provide a concise overview of the report findings ] [ Summary of recommendations: ] Importance — Number of recommendations Critical: [ Insert number of recommendations classified as critical ] Important: [ Insert number of recommendations classified as important ] ' Housekeeping': [ Insert number of recommendations classified as ‘ Housekeeping’ ] 3 Scope of audit 3.1 This audit has been undertaken to: 3.1.1 review and assess the adequacy and effectiveness of the organisation’s policies, controls and procedures for compliance with the Money Laundering...

1 Preparing for the audit This part provides a pre-audit checklist of matters to address before the review. Action | Completed | Comments/action points Define the audit’s scope, whether organisation-wide or focused (and, if focused, state precisely what is included) [ Insert date completed ] [ Insert any comments or action points ] Obtain the organisation-wide risk assessment for money laundering, terrorist financing and proliferation financing [ Insert date completed ] [ Insert any comments or action points ] Collect all AML, CTF and counter-proliferation financing compliance policies and procedures [ Insert date completed ] [ Insert any comments or action points ] Decide how many files will be reviewed and from which departments they should be sourced [ Insert date completed ] [ Insert any comments or action points ] Select...

This document mirrors the risks recognised within the anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing ( CPF) regulatory framework, together with guidance from the relevant regulators and any further risks highlighted by our organisation-wide risk assessment. It is reviewed regularly, both in response to emerging threats and on a periodic basis. When completing this risk assessment, you must consult the separate Explanatory notes, available at Appendix 1. 1 Customer details Please read section [ insert ] of the Explanatory notes and provide your responses below. 1.1 All customers Customer name [ Insert name ] Customer reference number [ Insert number ] Is the customer new or existing? ☐ New ☐ Existing If an existing customer, date due diligence was last refreshed: [ insert date ] Customer type ☐ Individual(s) (omit sections 1.3, 1.4 and 1.5) ☐ Company ☐ LLP ☐...

1 Establishment of independent audit function The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692 oblige organisations within scope of the MLR 2017 to implement an independent audit function where appropriate, with due regard to the size and nature of their business. Considering the organisation’s size, operations and the findings of its money laundering, terrorist financing and proliferation financing risk assessment, [ insert, eg the board ] has formally resolved to institute and maintain an independent internal audit function for [ insert name of organisation ]. This document outlines the purpose, scope, activities, duties and responsibilities of the organisation’s independent audit function. 2 Governance and reporting lines 2.1 The independent audit function will be headed by [ insert name of head of audit function ], who will report directly to [ insert, eg the board ]....

1 Introduction 1.1 Despite concerted attempts to stamp it out, tax evasion continues to be a significant problem across global commerce. 1.2 Where it happens, it harms societies profoundly, channelling funds and resources away from those in greatest need and stalling economic and social progress. 1.3 As a UK organisation, we are impacted when criminal facilitation of tax evasion occurs anywhere within our business [ es ]. 1.4 We conduct our business [ es ] with integrity, acting honestly and ethically. Everyone must collaborate so that [ it OR they ] remain [ s ] free from any facilitation of tax evasion. 1.5 This policy is central to that commitment and is fully endorsed by the [ insert senior management body, eg Board ]. It explains the actions we must all take to stop the...

1 General information Report date [ Insert date]; last report [ Insert date]; Submitted by [ Insert name and role, e.g. nominated officer]. 2 Action points arising from last report Action point [ Action point] — Person responsible [ Identify person] — Status [ Status]. 3 Executive summary This report covers: business operations; our tax evasion facilitation prevention systems and controls; and key conclusions and recommendations. 4 Summary of business operations [ Outline business activities for the period, note any changes in services/products or client groups, and whether these affected prevention procedures.] 5 Evaluation of tax evasion facilitation prevention procedures [ Organisation name] maintains measures to prevent the facilitation of tax evasion, including: risk assessment; policies and procedures; channels to report concerns; and a staff training and awareness programme. 6 Conclusions [ Are policies and procedures adequate and proportionate, and have they been properly monitored and reviewed? Summarise any system control...

1 General information Review date: [ Insert date ] Person(s) overseeing the review: [ Insert name(s) ] 2 Data Criteria During the previous 12 months: Total internal notifications of suspected facilitation of tax evasion, if any: [ Insert number ] Total confirmed occurrences of facilitation of tax evasion: [ Insert number ] Total cases of confirmed or suspected facilitation of tax evasion reported to HMRC: [ Insert number ] 3 Review and findings Have you carried out a new risk assessment on the facilitation of tax evasion?......

1 Nominated officer details Organisation name: [ Insert name ] Name of nominated officer: [ Insert name ] Reports to: [ Insert name ] Full time/part time: ☐ Full-time ☐ Part-time Details of any additional positions within the organisation: [ Insert details ] Date appointed by the organisation: [ Insert date ] 2 Role summary Serve as the nominated officer, designated in line with the Money Laundering Regulations 2017 ( MLR 2017) for [ name of organisation ]. Receive and assess internal suspicious activity reports ( SARs), and judge whether they amount to knowledge or suspicion (or reasonable grounds for either) that someone is involved in money laundering, terrorist financing, or proliferation financing. Determine if a disclosure should be made to the National Crime Agency ( NCA), submit external SARs when required, and act as the...

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Introduction The Criminal Finances Act 2017 ( CFA 2017), effective in the UK since 2017, establishes a corporate offence for failing to stop the criminal facilitation of tax evasion. Tax evasion means unlawfully not paying, or paying less than, the taxes due. It commonly occurs through non-declaration or false declaration of liabilities to the appropriate tax authority. Tax evasion is a criminal offence. Responsibility may arise for an individual, for example in respect of income tax or VAT, or for a corporate body, for instance regarding corporation tax. Enclosed, for your review and approval, is a [ n updated ] [ Group ] policy on preventing the facilitation of tax evasion. This policy, which covers all of our businesses, opens with a brief message from [ insert name of relevant individual ] underlining its significance and calling for the personal commitment of every member of staff to put it...

[ Insert organisation name ] is deeply proud of how we run our affairs. Our Code of ethics sets out the principles and rules by which we work. It covers everyone. Please ensure you read the Code, grasp its meaning and rely on it to steer your duties. If you have queries about the Code or how it applies, please contact [ insert contact details ]. [ Insert organisation name ] maintains absolute zero tolerance for the criminal facilitation of tax evasion......

Date: [ insert date ] From: [ Insert name and job title ] Tax evasion remains a significant problem in global trade, despite extensive efforts to curb it. Wherever it occurs, it harms society by diverting funds and resources away from those who rely on them, slowing both economic and social progress. 1 What is tax evasion? Tax evasion is the unlawful non-payment or underpayment of taxes. It commonly happens when a person or entity fails to declare, or deliberately misstates, the taxes due to the relevant tax authority. It is a criminal offence. It can be carried out by an individual, e.g. concerning income tax or VAT, or by a legal entity, e.g. relating to corporation tax. 2 How does this affect us? As a UK organisation, we are affected if such conduct is criminally facilitated anywhere within our business [ es ]......

Date: [ insert date ] Introduction In the UK, the framework addressing money laundering, terrorist financing and proliferation financing is partly set out in the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. These require updates to our existing anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing policy, controls and procedures. Money laundering refers to concealing the genuine source and ownership of criminal proceeds so those funds appear legitimate. Terrorist financing means raising or supplying funds, whether from lawful or unlawful sources, to be used to commit a terrorist act. Proliferation financing involves providing funds or financial services for, in whole or in part, the manufacture, acquisition, development, export, transhipment, brokering, transport, transfer, or stockpiling of, or otherwise linked to the possession or use of,...