ECSH70500 - Information and entry powers introduction
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017) place anti-money laundering supervision obligations on HMRC, and give officers of HMRC certain powers to access information and documents and to enter business premises to undertake our supervisory function. The Commissioners for Revenue and Customs Act 2005 (CRCA) also confers certain powers on officers and includes the offence of obstructing an officer of HMRC.
Amongst other things (see ECSH 31000), regulation 46 MLR 2017 requires HMRC, as a supervisor, to secure the compliance of businesses that it supervises. HMRC recognises that most businesses are honest and want to do the right thing, as such the vast majority of our compliance interactions with businesses are carried out by consent with the business. However, where the consent of the business is in doubt or is not forthcoming, we have formal powers to require that information and documents are provided. In certain circumstances, we may enter premises without a warrant to inspect documents, information and cash, or with a warrant to search for documents and information and to inspect any cash found.
We can also, in certain circumstances, request an overseas supervisor to require information from a business in their jurisdiction, or HMRC can do the same on their behalf (regulations 67 and 68).
The following pages provide further information on the powers HMRC has under MLR 2017.
ECSH71000 - Regulation 57 - Applications for registration: information powers.
ECSH71500 - Regulation 66 - Power to require information.
ECSH72000 - Regulation 67 and 68 - Requests for support to and from foreign authorities.
ECSH73000 - Regulation 69 - Entry, inspection of premises without a warrant etc.
ECSH73500 - Regulation 70 - Entry of premises under warrant.