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 " 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