3, 4) (as amended (20.2.2003) by S.I. 2(a) (with reg. 338(2A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. A person does not commit an offence under section 333A in respect of a disclosure to which this section applies if. any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. (7)The notice period is the period of seven working days starting with the first working day after the nominated officer makes the disclosure. 1, 107(6); 2020 c. 1, Sch. para. explain the extent to which there are continuing grounds to suspect that the person mentioned in subsection (4)(c) is engaged in money laundering, set out the grounds for the suspicion, and. (a)the identity of the other person mentioned in subsection (2), if disclosed to him under the applicable section, (b)the whereabouts of the laundered property, so far as disclosed to him under the applicable section, and. 2, F15Words in s. 330(6)(c) inserted (21.2.2006) by Proceeds of Crime Act 2002 and Money Laundering Regulations 2003 (Amendment) Order 2006 (S.I. . (2)But a person does not commit such an offence if. (c)by any other person (C) to whom A discloses information under section 339ZB(1) as a result of that request. 32(5)(a), 49(2)(b), F77Sum in s. 339A(2) substituted (5.1.2023) by The Proceeds of Crime (Money Laundering) (Threshold Amount) Order 2022 (S.I. 334(3) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. Schedule 9 has effect for determining what is a business in the regulated sector. 2003/120, art. 342 Offences of prejudicing investigation. 106(4), 178(8); S.I. The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects that other person to be engaged in. that another person is engaged in money laundering. 2006/378, art. ], [F90(15)Further information order means an order made under section 339ZH. feedback. Preamble: An act to provide for the investigation, identification and recovery of the proceeds of crime and for connected matters. (7)A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the person is when he makes the disclosure. Penalties. (4)The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by [F26the Director General of the National Crime Agency] as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him. 3, F5S. . F47S. The money laundering offences assume that a criminal offence has occurred in order to generate the criminal property which is now being laundered. (1)A person nominated to receive disclosures under section 337 or 338 commits an offence if the conditions in subsections (2) to (4) are satisfied. the person discloses that an investigation into allegations that an offence under this Part has been committed is being contemplated or is being carried out; the disclosure is likely to prejudice that investigation; and, A person guilty of an offence under this section is liable. 2003/425, art. 14). the disclosure is made on his own initiative and as soon as it is practicable for him to make it. 135; S.I. F69(5). 2003/120, art. Use the contact us page instead. 2, Sch. causes the discloser to know or suspect, or. Subsections (5) to (7) apply in a case where the required notification is made by B (notification made as a result of disclosure request received from another undertaking in the regulated sector). (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both, or. F25S. Where a moratorium period is extended by the court under this section, it may be further extended by the court (on one or more occasions) on the making of another application. 8 para. [F24(14)A relevant professional adviser is an accountant, auditor or tax adviser who is a member of a professional body which is established for accountants, auditors or tax advisers (as the case may be) and which makes provision for, (a)testing the competence of those seeking admission to membership of such a body as a condition for such admission; and, (b)imposing and maintaining professional and ethical standards for its members, as well as imposing sanctions for non-compliance with those standards. Whole provisions yet to be inserted into this Act (including any effects on those provisions): (e)removes criminal property from England and Wales or from Scotland or from Northern Ireland. . in the case of proceedings under this Part. 44(a) (with Sch. (6)The court must direct that the following be excluded from the hearing of an application under subsection (4). 1, 4, I5S. 4(h), (1)For the purposes of sections 333A to 333D, Schedule 9 has effect for determining, (a)what is a business in the regulated sector, and. (b)on a request from the [F80body or institution]. Pro Ceeds of Crime A t 1987 (cTh) Proceeds of Crime Act 1987 (cth) (Poca 1987) was the precursor to the current Poca 2002 legislation. . For example, a criminal steals cash in a bank robbery and then uses that cash to open a gambling account and place bets. A moratorium period extended in accordance with subsection (2) or (4) of section 336C may also be further extended by the court on the making of an application under this section. he has not been provided by his employer with such training as is specified by the Secretary of State by order for the purposes of this section. Proceeds of Crime Act 2002 is up to date with all changes known to be in force on or before 09 March 2023. the person discloses any matter within subsection (2); the disclosure is likely to prejudice any investigation that might be conducted following the disclosure referred to in that subsection; and. (3)The application must be made before the moratorium period would otherwise end. 1(2), Sch. 32(6)(a)(ii), 49(2)(b), F89S. 3, 4) (as amended (20.2.2003) by S.I. The Proceeds of Crime Act 2002(Cth) is contentious law. 2003/3074), arts. 332(7) inserted (15.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 14). 2(a) (with reg. (a)issued by a supervisory authority or any other appropriate body. 2003/425, art. is not of a description prescribed by an order made by the Secretary of State. A working day is a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom in which the person is when he makes the disclosure. the arrangement facilitates the acquisition, retention, use or control of criminal property of a value that is less than the threshold amount determined under section 339A for the act. by a financial institution to another financial institution, by a professional legal adviser to another professional legal adviser, or. (a)on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 5 on the standard scale, or to both; (b)on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or to both. . Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to further information orders. the Crown Court, in the case of a decision made by a magistrates' court in England and Wales; a county court, in the case of a decision made by a magistrates' court in Northern Ireland; the Sheriff Appeal Court, in the case of a decision made by the sheriff. 200 provisions and might take some time to download. a person would be interfered with or physically injured, the recovery of property under this Act would be hindered, or, The court must direct that the following be excluded from the hearing of an application under subsection (4). 1, 2(3), F16S. long time to run. (7)The Secretary of State may by order vary the amount for the time being specified in subsection (2). 19 para. 339ZB-339ZG inserted (27.4.2017 for specified purposes, 31.10.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. A person commits an offence if he makes a disclosure under section 330, 331, 332 or 338 otherwise than in the form prescribed under subsection (1) or otherwise than in the manner so prescribed. Money laundering describes offences concerning the possession, concealment, conversion, transfer or. Collapse all -. (b)any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose. (9)An application under this section may be made by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the prohibited act in relation to which the moratorium period in question applies, (a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or. (2)The moratorium period is extended from the time when it would otherwise end until the court determines the application or it is otherwise disposed of. (1)A relevant disclosure made in good faith does not breach, (a)an obligation of confidence owed by the person making the disclosure, or. is made for the purpose of dissuading the client from engaging in conduct amounting to an offence. 1(4)); S.I. 2013/1682, art. The first date in the timeline will usually be the earliest date when the provision came into force. 2013/1682, art. 329(2A)(2B) inserted (15.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. There are changes that may be brought into force at a future date. (4)The moratorium period is extended from the time when it would otherwise end until the proceedings are finally determined or otherwise disposed of. . 14). A disclosure which satisfies the following three conditions is not to be taken to breach any restriction on the disclosure of information (however imposed). 8 para. (4)The third condition is that the disclosure is made to a constable, a customs officer or a nominated officer as soon as is practicable after the information or other matter comes to the discloser. An appeal under this section lies at the instance of any person who was a party to the proceedings on the application. But he does not commit an offence under this section if he has a reasonable excuse for not making the required disclosure. he is employed by, or is in partnership with, a professional legal adviser or a relevant professional adviser to provide the adviser with assistance or support, the information or other matter mentioned in subsection (3) comes to the person in connection with the provision of such assistance or support, and. In a case within subsection (3)(b), the required notification must. The 5 day period is the period of 5 working days beginning with the day on which the court refuses to grant the application. 14). But the maximum period by which the moratorium period is extended by virtue of subsection (2) or (4) is 31 days beginning with the day after the day on which the period would otherwise have ended. Words in s. 336D(7)(h) inserted (E.W.) (a)he has a reasonable excuse for not making the required disclosure, (b)he is a professional legal adviser [F13or F14 relevant professional adviser] and, (i)if he knows either of the things mentioned in subsection (5)(a) and (b), he knows the thing because of information or other matter that came to him in privileged circumstances, or, (ii)the information or other matter mentioned in subsection (3) came to him in privileged circumstances, or, (c)subsection (7) [F15or (7B)] applies to him. 1(4)); S.I. 2017/1028, reg. Condition 4 is that A is satisfied that the disclosure of the information will or may assist in determining any matter in connection with a suspicion that a person is engaged in money laundering. 1, 2(5), C2S. the identity of the other person mentioned in subsection (2), if disclosed to him under the applicable section, the whereabouts of the laundered property, so far as disclosed to him under the applicable section, and. 2007/3398), reg. 2017/991, reg. 3(v), F13Words in s. 330(6)(b) inserted (21.2.2006) by Proceeds of Crime Act 2002 and Money Laundering Regulations 2003 (Amendment) Order 2006 (S.I. (5)Condition 4 is that A is satisfied that the disclosure of the information will or may assist in determining any matter in connection with a suspicion that a person is engaged in money laundering. Geographical Extent: 2003/425, art. 1(4)); S.I. (a)in relation to England and Wales or Northern Ireland, the Crown Court; (a)the person who made the relevant disclosure, and. . . [F4(3)Nor does a person commit an offence under subsection (1) if, (4) In subsection (3) the relevant criminal conduct is the criminal conduct by reference to which the property concerned is criminal property. 1(3), Sch. 132; S.I. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 2, Sch. . (c)the information or other matter mentioned in subsection (3). Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. (11)But subsection (10) does not apply to information or other matter which is communicated or given with the intention of furthering a criminal purpose. 2017/752)). in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 333 omitted (26.12.2007) by virtue of Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (S.I. 103(2), 178(8); S.I. para. 8 para. (7)References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained in both that connection and some other. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. that he believes, or it is reasonable to expect him to believe, that the information or other matter mentioned in subsection (3) will or may assist in identifying that other person or the whereabouts of any of the laundered property. 2017/991, reg. The Queensland Criminal Proceeds. S. 339(1A)-(3) substituted for s. 339(2)(3) (1.7.2005) by, S. 339(5)(6) repealed (E.W.) Condition 2 for the making of a further information order is met if. (b)the investigation is being conducted diligently and expeditiously, (c)further time is needed for conducting the investigation, and. (b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment. A further information order must specify, how the information required under the order is to be provided, and. Where an application is made to extend a moratorium period under section 336A, a person does not commit an offence under section 333A if. 200 provisions and might take some time to download. 2; S.I. 8 para. An extension of a moratorium period must end no later than 31 days beginning with the day after the day on which the period would otherwise end. he makes an authorised disclosure under section 338 and (if the disclosure is made before he does the act mentioned in subsection (1)) he has the appropriate consent; he intended to make such a disclosure but had a reasonable excuse for not doing so; the act he does is done in carrying out a function he has relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct. authorised officer by virtue of subsection (3)(a) of that section, whatever period may be specified by the officer when making the request; in a case where the disclosure was made as a result of a disclosure request from another person by virtue of subsection (3)(b) of that section, the period of 84 days beginning with the day on which a required notification is made in connection with the request. (5B)The applicable section is section 337 or, as the case may be, section 338. 105(3), 178(8); S.I. (1)This section applies for the purposes of sections 327(2C), 328(5) and 329(2C). (a)that he knows the identity of the other person mentioned in subsection (2), or the whereabouts of any of the laundered property, in consequence of a disclosure made under section 330, (b)that that other person, or the whereabouts of any of the laundered property, can be identified from the information or other matter mentioned in subsection (3), or. 2003/333, art. (10)In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for the sum for the time being specified in subsection (8). 2, F24S. published in a manner it approved as appropriate in its opinion to bring the guidance to the attention of persons likely to be affected by it. 2(r) (with reg. ], [F17(7B)This subsection applies to a person if. all forms of property, real or personal, heritable or moveable; things in action and other intangible or incorporeal property. (3)A moratorium period is extended in accordance with subsection (4) where, (a)proceedings on an appeal in respect of a decision on an application under section 336A have been brought, and. (10)References to a prohibited act are to an act mentioned in section 327(1), 328(1) or 329(1) (as the case may be). 2003/333, art. (c)published in a manner it approved as appropriate in its opinion to bring the guidance to the attention of persons likely to be affected by it. means a person authorised for the purposes of this Part by the Director General of the National Crime Agency. In subsection (2) group has the same meaning as in Directive, of the European Parliament and of the Council of 16. (4)An extension of a moratorium period must end no later than 31 days beginning with the day after the day on which the period would otherwise end. The fourth condition is that he does not make the required disclosure to, a person authorised for the purposes of this Part by, the Director General of the National Crime Agency, The required disclosure is a disclosure of. 8 para. (iii)the provision of a service involving them both; (b)the disclosure is for the purpose only of preventing an offence under this Part of this Act; (c) the institution or adviser to whom the disclosure is made is situated in [F37the United Kingdom or an EEA state] or in a country or territory imposing equivalent money laundering requirements; and. he makes an authorised disclosure under section 338 and (if the disclosure is made before he does the act mentioned in subsection (1)) he has the appropriate consent; he intended to make such a disclosure but had a reasonable excuse for not doing so; the act he does is done in carrying out a function he has relating to the enforcement of any provision of this Act or of any other enactment relating to criminal conduct or benefit from criminal conduct. such other information as the court or sheriff making the order thinks appropriate, Condition 1 for the making of a further information order is met if. (d)by a relevant professional adviser of a particular kind to another relevant professional adviser of the same kind. (with arts. 337(4A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 2011/99) (see regulation 2 of those Regulations). matters known, suspected or believed as a result of the making of the disclosure request concerned. An officer of Revenue and Customs, or a constable, may specify the threshold amount for acts done by a deposit-taking body, when he gives consent, or gives notice refusing consent, to the, doing of an act mentioned in section 327(1), 328(1) or 329(1) in opening, or operating, the account or a related account, or, Where the threshold amount for acts done in operating an account is specified under subsection (3) or this subsection, an officer of Revenue and Customs, or a constable, may vary the amount (whether on a request from the deposit-taking body. 1, 107(7); 2020 c. 1, Sch. Operational Date: May 30, 2007. 104(3), 178(8); S.I. (2)Where the disclosure request is made by a person mentioned in section 339ZB(3)(b), the request must also, (a)set out the grounds for the suspicion that a person is engaged in money laundering, or. (1)An employee, officer or partner of an undertaking does not commit an offence under section 333A if the disclosure is to an employee, officer or partner of the same undertaking. 2021/724, reg. . Under certain circumstances, criminal property can be recoverable even if it is disposed of to another person (Section 304 (opens in a new tab) of POCA). authorised for the purposes of this Part by the Director General of that Agency. 1(2), Sch. (with arts. . (5B)The applicable section is section 337 or, as the case may be, section 338. (9)The appropriate appeal court may on such an appeal make any order that it considers appropriate (subject to the restriction mentioned in section 336A(7)). the Director General of the National Crime Agency. 104(2), 178(8); S.I. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by. 330(3A)-(6) substituted for s. 330(4)-(6) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 2013/1682, art. 2021/724, reg. A person does not commit an offence under section 333A in respect of a disclosure by a credit institution or a financial institution if. (4)For the purposes of those sections a country or territory imposes "equivalent money laundering requirements" if it imposes requirements equivalent to those laid down in [F43Directive 2015/849/EU of the Council of 20th May 2015] on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing[F44, as amended by Directive 2018/843 of the European Parliament and of the Council of 30th May 2018]. (a)on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 5 on the standard scale, or to both; (b)on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or to both. (1)An appeal from a decision on an application for a further information order lies to the relevant appeal court. in so far as not already in force, 28.6.2021 for N.I. the disclosure contains only such information as is necessary for the purposes of notifying the customer or client that the application under section 336A has been made. 2 para. 5 para. is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment. (with arts. 2006/1085, art. by a credit institution to another credit institution. ], [F2(2C)A deposit-taking body [F3, electronic money institution or payment institution] that does an act mentioned in paragraph (c) or (d) of subsection (1) does not commit an offence under that subsection if, (a)it does the act in operating an account maintained with it, and, (b)the value of the criminal property concerned is less than the threshold amount determined under section 339A for the act.]. 17 Pt. (8)The 5 day period is the period of 5 working days beginning with the day on which the court refuses to grant the application. 2005/1521, art. in so far as not already in force) by. (3)The second condition is that the information or other matter, (a)on which his knowledge or suspicion is based, or. 2005/1521, art. (1)The Secretary of State may by order prescribe the form and manner in which a disclosure under section 330, 331, 332 or 338 must be made. Schedule 9 has effect for the purposes of this section in determining what is a business in the regulated sector. 339A and cross-heading inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. (iii)the enforcement of any order of a court under this Act. 330(7A) inserted (15.5.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for the sum for the time being specified in subsection (8). F49Words in s. 336(2)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. (a)the person discloses any matter within subsection (2); (b)the disclosure is likely to prejudice any investigation that might be conducted following the disclosure referred to in that subsection; and. 2003/120, art. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 2005/1521, art. Different options to open legislation in order to view more content on screen at once. Access essential accompanying documents and information for this legislation item from this tab. (3)A person does not commit an offence under section 333A(1) if the person does not know or suspect that the disclosure is likely to have the effect mentioned in section 333A(1)(b). For further information see the Editorial Practice Guide and Glossary under Help. Changes that have been made appear in the content and are referenced with annotations. (8)If a person fails to comply with a further information order made by a magistrates' court, the magistrates' court may order the person to pay an amount not exceeding 5,000. 2003/173), regs. he acquired or used or had possession of the property for adequate consideration; a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property; a person uses or has possession of property for inadequate consideration if the value of the consideration is significantly less than the value of the use or possession; the provision by a person of goods or services which he knows or suspects may help another to carry out criminal conduct is not consideration. Property is all property wherever situated and includes. 5 para. 102(2), 178(8); S.I. 2021/724, reg. (4)A disclosure made in pursuance of a request under subsection (2) is not to be taken to breach any restriction on the disclosure of information (however imposed). 2019/742), The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. C5S. [F1(2A)Nor does a person commit an offence under subsection (1) if, (a)he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and, (i)was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and. 6(2) (with regs. (4)The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by [F30the Director General of the National Crime Agency] as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him. (3)The making of a joint disclosure report in good faith is to be treated as satisfying any requirement to make the required disclosure on the part of the persons who jointly make the report. In addition, POCA contains provisions for the recovery of the proceeds of crime and forfeiture can be granted, regardless of whether a conviction for any offence has been obtained or is intended to be obtained. (3)Accordingly, section 339ZD(2) does not remove any requirement to make the required disclosure in relation to anything known, suspected or believed that does not result only from the making of the disclosure request. (1) A person guilty of an offence under section 327, 328 or 329 is liable -. 339ZI applied by S.I. the Hong Kong (War Wives and Widows) Act 1996. the British Nationality (Hong Kong) Act 1997, the British Overseas Territories Act 2002, or. But the court may not grant a further extension of a moratorium period if the effect would be to extend the period by more than 186 days (in total) beginning with the day after the end of the 31 day period mentioned in section 335(6) or (as the case may be) section 336(8). 106(3), 178(8); S.I. You (a)in the case of England and Wales, a reference to a prosecution for an offence under section 5 of the Perjury Act 1911; (b)in the case of Northern Ireland, a reference to a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. (c)the period would (apart from that subsection) end before the end of the 5 day period. The main changes to the Guidance pertain to section 330 of the Proceeds of Crime Act 2002 ("POCA") which creates the offence of 'failure to disclose' when a person knows or suspects, or has reasonable grounds to knowing or suspecting, that another person is engaged in money laundering. . any other person who appears to the person making the application under section 336A to have an interest in the relevant property. 2(r) (with reg. POCA applies to everyone, although certain offences relating to the failure to report (except in relation to a nominated officer) and 'tipping off' only apply to those operating in the regulated sector. 2007/3398), The Proceeds of Crime Act 2002 (Business in the Regulated Sector and Supervisory Authorities) Order 2003 (S.I. 6(2) (with regs. 32A(3) (as inserted (31.1.2018) by, S. 339ZI applied by S.I. 2003/120, art. by or on behalf of the person in the proceedings arising out of the prosecution. 1(1). 340(15) inserted (27.4.2017 for specified purposes, 31.10.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 2005/1521, art. 2(a) (with reg. (d)to a [F34National Crime Agency officer] authorised for the purposes of this Part by the Director General of that Agency. F68S. those persons perform their professional activities within different undertakings that share common ownership, management or control. The moratorium period is extended from the time when it would otherwise end until. 330 in force at 24.2.2003 by S.I. F32S. 2017/991, reg. 2005/1521, art. 3(1)(c), F6Words in s. 328(5) inserted (29.6.2021) by Financial Services Act 2021 (c. 22), ss. References in this section to A, B or C include, a nominated officer acting on behalf of A, B or C, and. . (b)he has not been provided by his employer with such training as is specified by the Secretary of State by order for the purposes of this section. (7)But the court may not grant a further extension of a moratorium period if the effect would be to extend the period by more than 186 days (in total) beginning with the day after the end of the 31 day period mentioned in section 335(6) or (as the case may be) section 336(8). a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the application in question under section 336A is made. (b)the alleged offender knows or suspects that it constitutes or represents such a benefit. the information or other matter mentioned in subsection (3). (9)If a joint disclosure report is not made before the end of the applicable period, the person who made the required notification must notify an NCA authorised officer that a report is not being made as soon as reasonably practicable after the period ends. (a)that he can identify the other person mentioned in subsection (2) or the whereabouts of any of the laundered property, or. (iii)the enforcement of any order of a court under this Act. the disclosure is to a credit institution or a financial institution, the institution to whom the disclosure is made is situated in, or in a country or territory imposing equivalent money laundering requirements, and. (3)The second condition is that the information or other matter on which his knowledge or suspicion is based came to him in consequence of a disclosure made under [F28the applicable section]. Print India: Proceeds Of Crime 29 October 2019 by Harsh Kabra AZB & Partners The (Indian) Prevention of Money Laundering Act, 2002 (" PMLA ") sets out the legislative framework for the prosecution of the offence of 'money laundering' in India. 2017/991, reg. Words in s. 330(1) substituted (1.7.2005) by, S. 330(3A)-(6) substituted for s. 330(4)-(6) (1.7.2005) by, Words in s. 330(4)(b) substituted (7.10.2013) by, Words in s. 330(6)(b) inserted (21.2.2006) by, Word in s. 330(6)(b) omitted (26.12.2007) by virtue of, Words in s. 330(6)(c) inserted (21.2.2006) by, Words in s. 330(9)(b) repealed (1.7.2005) by virtue of, Words in s. 330(9A)(a) inserted (21.2.2006) by, Word in s. 330(9A)(a) omitted (26.12.2007) by virtue of, Words in s. 330(10) inserted (21.2.2006) by, Word in s. 330(10) omitted (26.12.2007) by virtue of, Failure to disclose: nominated officers in the regulated sector. of information that came to that person in the course of a business in the regulated sector. intended to make an authorised disclosure but had a reasonable excuse for not doing so (the reasonable excuse defence). . 1, 2(5), C2S. came to him in consequence of a disclosure made under section 330. A person nominated to receive disclosures under section 337 or 338 commits an offence if the conditions in subsections (2) to (4) are satisfied. 2006/1085, art. 38; S.I. Key terms defined Ancillary Orders Variation or Discharge of a Restraint Order Restraint Order - Practical Guidance Chapter 3 - Confiscation Confiscation - Legal Principles Postponement of the. 8 para. 17 Pt. But a person does not commit such an offence if. (2)A person does not commit an offence under section 333A in respect of a disclosure to which this section applies if. (ii)is not of a description prescribed by an order made by the Secretary of State. 2019/742), regs. 4), C9S. . (a) to the authority that is the supervisory authority for that person by virtue of [F39the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017]; F40 [F41(aa)for the purposes of proceedings under section 336A (power of court to extend moratorium period); (ab)made in good faith by virtue of section 339ZB (disclosures within the regulated sector); or]. (b)is made in the course of the alleged offenders employment F18. [F19(9A)But a disclosure which satisfies paragraphs (a) and (b) of subsection (9) is not to be taken as a disclosure to a nominated officer if the person making the disclosure. 2003/120, art. (a)the interested person to whom that application relates; (7)Subject to this section, rules of court may make provision as to the practice and procedure to be followed in connection with proceedings in relation to applications under section 336A. 2003/120, art. . (4)Moratorium period means the period of 31 days mentioned in section 335(6) or (as the case may be) section 336(8), or any such period as extended or further extended by virtue of an order under section 336A or in accordance with any provision of section 336C. (a)it is a disclosure to a constable, a customs officer or a nominated officer by the alleged offender that property is criminal property. 3, 4) (as amended (20.2.2003) by S.I. 19)). 330(3A)-(6) substituted for s. 330(4)-(6) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. Act you have selected contains over 3(v). (4)A professional legal adviser or a relevant professional adviser does not commit an offence under section 333A if. A professional legal adviser or a relevant professional adviser does not commit an offence under section 333A if the disclosure. Indicates the geographical area that this provision applies to. (with arts. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. the person to whom the information is to be disclosed (or each of them, where the disclosure is to more than one person) is also carrying on a business in the regulated sector as a relevant undertaking (whether or not of the same kind as A). 2013/1682, art. On 2 June 2021, the Crown Prosecution Service (the 'CPS') published its revised guidance on the prosecution of money laundering offences (the 'Guidance').. (1)This section applies for the purposes of sections 339ZB to 339ZF. References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained in both that connection and some other. 2007/3398), reg. A person may disclose information to A for the purposes of making a disclosure request if, and to the extent that, the person has reason to believe that A has in A's possession information that will or may assist in determining any matter in connection with a suspicion that a person is engaged in money laundering. matters known, suspected or believed by A or C as a result of the making of that notification. prohibited act has the meaning given by section 335(8) or (as the case may be) section 336(10); relevant nationality enactment means any enactment in. . 5); S.I. (b)that he believes, or it is reasonable to expect him to believe, that the information or other matter mentioned in subsection (3) will or may assist in identifying that other person or the whereabouts of any of the laundered property. The first condition is that he knows or suspects that another person is engaged in money laundering. (4)The fourth condition is that he does not make the required disclosure to. (b)which gives reasonable grounds for such knowledge or suspicion. Print or save. issued by a supervisory authority or any other appropriate body. Use this menu to access essential accompanying documents and information for this legislation item. 2003/425, art. A professional legal adviser or a relevant professional adviser does not commit an offence under section 333A if. (5)The notice period is the period of seven working days starting with the first working day after the person makes the disclosure. Nor does a person commit an offence under subsection (1) if, he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and, was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and. those persons perform their professional activities within different undertakings that share common ownership, management or control. No changes have been applied to the text. 32(5)(e), 49(2)(b), F82Words in s. 339A(8) inserted (29.6.2021) by Financial Services Act 2021 (c. 22), ss. The Gambling Commission website uses cookies to make the site work better for you. . Number: of 2007. 2005/1521, art. Even assets purchased with lawful funds can be considered proceeds of crime. by a person in connection with legal proceedings or contemplated legal proceedings. . (b)by a financial institution to another financial institution, (c)by a professional legal adviser to another professional legal adviser, or. 2005/1521, art. 3(1)(c), I8S. Words in s. 334(2) substituted (26.12.2007) by. relevant disclosure means any disclosure made in compliance, or intended compliance, with section 339ZB; a police force in England, Scotland, Northern Ireland or Wales; any other person operating in England, Scotland, Northern Ireland or Wales charged with the duty of preventing, detecting, investigating or prosecuting offences. 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