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F4 Money laundering
As mentioned in section A2A, one of the statutory objectives of the FSA is to reduce financial crime. One of the most important of these crimes is money laundering: the process whereby criminals attempt to hide and disguise the true origin and ownership of the proceeds of their criminal activities, thereby avoiding prosecution, conviction and confiscation of the criminal funds. In the UK money laundering is a crime under the Terrorism Act 2000 and the Proceeds of Crime Act 2002.
Until 2007 the FSA had an entire sourcebook (ML) devoted to the subject. This provided detailed instructions on how a financial services firm should vet their customers and their activities in order to combat money laundering. Although this had some success, the FSA came to the conclusion that the approach was too bureaucratic and caused irritation to customers. It said that in future: ‘we need more of the vigilance, the intellectual questioning, the thinking about crime, and less of the utility bill!’ For this reason the FSA has decided to close the ML sourcebook and rely on the guidance provided by the Joint Money Laundering Steering Group (JMLSG), a committee made up of 16 financial sector trade bodies. This is set out in the document, Prevention of Money Laundering/Combating the Financial of Terrorism – Guidance for the UK financial Sector (2006).
The document’s stated aim is to make life more difficult for criminals, while minimizing the inconvenience and cost to firms and law-abiding customers.
In the spirit of principles-based regulation, the FSA has amended the Handbook to specify:
• The anti-money laundering function is a controlled function.
• There must be allocation to a senior manager of the specific responsibility for the establishment and maintenance of effective systems and controls for the money laundering risk.
• The firm must assess, manage and monitor its money laundering risk systematically, with suitable documentation.
• A Money Laundering Reporting Officer (MLRO) must be the focus of anti-money laundering activity in a firm and must be given adequate resources to do the hob effectively.
Corporate management decision: Financial crime
How might financial crime be committed against the company or, as in the case of money laundering, through it. What action needs to be taken to minimize the risk?
Critical reflections
1. Could you envisage a time when UK insurance companies would be trusted to self-regulate their conduct of business?
2. Do you believe that criminals could attempt to launder money through your company, how might they do it, and what steps could be taken to prevent them succeeding?
3. Why do you think the FSA focuses on protecting the customer rather than the commercial customer?
G Financial services regulation after 2012
Following the 2010 general election, the incoming UK government announced its decision to reserve many of the provisions of the FSMA 2000. The underlying reasons for this regime change relate to perceived failures in banking regulation; nevertheless the regulation of insurance, investment and other financial services will also be affected significantly. The transition to the new regime will take place at the end of 2012 or early 2013, therefore the vast majority of the regulations described in this book are expected to remain in place until 2013 at the earliest. Most will continue well beyond that date but, as we shall see, the names of the regulatory bodies will have changed.
The establishment of the FSA as a single regulator for all financial services addressing prudential, conduct of business and financial crime issues was extremely ambitious and undoubtedly led to problems in resourcing and prioritization. However, the biggest problem, which was exposed by the financial crisis, was a lack of clear lines of authority between the FSA, the Bank of England (BoE) and HM Treasury. There was no single body with the powers and authority to monitor the overall state of the financial markets and intervene if necessary. This so called ‘macro-prudential’ role included dealing with excessive credit, spiraling asset prices, and various systemic risks. The solution, which involves splitting the FSA into its component parts, is shown below:
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