Contents
8.1 General comments
The disclosure regime for money laundering and terrorist financing is run by the financial intelligence unit within the National Crime Agency (the NCA). The NCA was launched on 7 October 2013 under provisions granted by the Crime and Courts Act 2013. It is a law enforcement body devoted to dealing with organised crime within the UK and networking with other law enforcement agencies to combat global organised crime.
For full details on the NCA and their activities view their website at: http://www.nationalcrimeagency.gov.uk/.
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8.2 Application
All persons within the regulated sector and nominated officers have obligations under POCA to make disclosures of suspicions of money laundering.
In addition any person may need to make an authorised disclosure about criminal property.
All persons are required to make disclosures to the NCA of suspected terrorist financing.
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8.3 Suspicious activity reports
8.3.1 What is a SAR?
A suspicious activity report (SAR) is the name given to the making of a disclosure to the NCA under either POCA or the Terrorism Act.
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8.3.2 Who discloses?
Where a firm has a nominated officer, either they or their deputy will make the SAR to the NCA.
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8.3.3 When?
You must make a SAR as soon as practicable, after you have formed a reportable suspicion or know of terrorist financing or money laundering (subject to privilege considerations). Swiftly made SARs avoid delays in fulfilling your client's instructions.
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8.3.4 How to disclose
Forms
The NCA has issued a preferred forms to be completed when making a SAR. We encourage you to use the preferred form to enhance the NCA's ability to assess your SAR quickly .
SARs online
You should use SARs online where you have computer access. This securely encrypted system provided by the NCA allows you to:
- register your firm and relevant contact persons
- submit a SAR at any time of day
- receive e-mail confirmations of each SAR submitted
Information and registration details
Post or fax
SARs can still be submitted in hard copy, although they should be typed and on the preferred form. You will not receive acknowledgement of any SARs sent this way. Where you require consent you should send by fax not by post.
Hard copy SARs should be sent to:
Fax: 020 7238 8286
Post: UK FIU
PO Box 8000
London SE11 5EN
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8.3.5 Information to include
The NCA has provided information on completing the preferred SARs form (PDF).
To speed up consideration of your SAR, it is recommended that you use the NCA's glossary of codes (PDF) for each reason for suspicion section of the report.
Your regulator number is your firm's ID number. Find this at www.solicitors-online.com or by calling the Solicitors Regulation Authority on 0370 606 2555.
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8.3.6 Getting consent from the NCA to proceed
You will often be asking the NCA for consent to undertake acts which would be prohibited as a principal money laundering offence. From 26 December 2007, the Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 enter force, introducing a consent defence to sections 15-18 of the Terrorism Act 2000. The Regulations introduce s21ZA, which provides a defence if you made a disclosure to an authorised person before becoming involved in a transaction or an arrangement, and the person acts with the consent of an authorised officer.
While the NCA has produced information on obtaining consent, here are a number of key points to remember:
- You only receive consent to the extent to which you asked for it. So it is vital you clearly outline all the remaining steps in the transaction that could be a prohibited act. For example:
- We seek consent to finalise an agreement for sale of property X and to then transfer property X into the name of (purchaser) and following payment of disbursements, pay the proceeds of the sale of the property to (seller).
- The initial notice period is seven working days after the SAR is made, and if consent is refused, the moratorium period is a further 31 calendar days from the date of refusal. If you need consent sooner, you should clearly state the reasons for the urgency in the initial report and perhaps contact the NCA to discuss the situation. the NCA can sometimes give consent in a matter of hours.
- Within the notice and moratorium period you must not do a prohibited act. However this will not prevent you taking other actions on the file, such as writing letters, conducting searches etc.
- The NCA will contact you by telephone to advise that consent has been provided and will then send a follow up letter.
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8.3.7 Talking to a the NCA representative
The Financial Intelligence Helpdesk can be contacted on 020 7238 8282. You can contact the NCA on this number for:
- help in submitting a SAR or with the SARs online system
- help on consent issues
- assessing the risk of tipping off so you know whether disclosing information about a particular SAR would prejudice an investigation
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8.3.8 Confidentiality of SARs
The NCA is required to treat your SARs confidentially. Where information from a SAR is disclosed for the purposes of law enforcement, care is taken to ensure that the identity of the reporter and their firm is not disclosed to other persons.
If you have specific concerns regarding your safety if you make a SAR, you should raise this with the NCA either in the report or through the helpdesk. If you have concerns about your immediate safety following the making of a SAR you should contact your local police.
If you fear the confidentiality of a SAR you made has been breached call the SARs confidentiality breach line on 0800 234 6657. In addition, you can e-mail the Law Society at antimoneylaundering@lawsociety.org.uk, so that we can continue to monitor this issue for discussion with the NCA .
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8.4 Feedback on SARs
The NCA provides some feedback on the value of SARs they have received, although such feedback will always be anonymised to protect the confidentiality of those who submitted it. Feedback is provided:
- in their annual reports
- during the NCA legal sector seminars, details of which are advertised in the Law Society's AML e-newsletter
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