Our risk based approach to supervision: HMRC supervision: Our risk based approach to supervision: Introduction
In HMRC’s role as the supervisory body for a number of business sectors covered by the Regulations, we have an obligation to adopt a risk-based approach to monitoring and enforcement of businesses compliance with the Regulations.
In line with other MLR supervisors such as the FSA, HMRC will adopt the principles of good regulation in the Regulators Compliance Code. This can be found at http://www.berr.gov.uk/files/file46950.pdf
The fundamental principles are:
- Regulators should recognise that a key element of their activity will be to allow, or even encourage, economic progress and only to intervene when there is a clear case for protection.
- Regulators, and the regulatory system as a whole, should use comprehensive risk assessment to concentrate resources in the areas that need them most.
- Regulators should provide authoritative, accessible advice easily and cheaply.
- No inspection should take place without a reason.
- Businesses should not have to give unnecessary information or give the same piece of information twice.
- The few businesses that persistently break regulations should be identified quickly and face proportionate and meaningful sanctions.
- Regulators should be accountable for the efficiency and effectiveness of their activities, while remaining independent in the decisions.
All Compliance Officers must remember that the purpose of their activity is to make sure businesses are complying with anti money laundering and terrorist financing legislation. This will also include making sure that businesses are:
- not trading un supervised/without registering with HMRC where appropriate
- have put in place risk based anti money laundering policies and procedures and are following them
- are making suspicious activity reports to SOCA when required
Compliance activity must not be undertaken for any other purpose and officers must ensure that any details obtained at a visit are only used for a legitimate purpose.
(This content has been withheld because of exemptions in the Freedom of Information Act 2000)
This could be because it is being used by its customers and despite having reasonable grounds for knowledge or suspicion has not disclosed this to SOCA or the business itself may have been set up to launder money. In both these circumstances HMRC must notify SOCA promptly if they know or suspect money laundering.
An officer may know or suspect that a customer of the relevant business is engaged in money laundering when they are examining internal disclosures to the NO to ensure compliance with the regulations. In this case providing the officer is certain that a SAR has been completed and submitted to SOCA they should take no further action.
If the NO does not think that there are reasonable grounds for knowledge or suspicion and has not notified SOCA, but the officer disagrees, the officer should ask the business to submit a SAR. (This content has been withheld because of exemptions in the Freedom of Information Act 2000) . Officers should however, be aware that there must reasonable grounds for knowledge or suspicion.