ECSH33920 - Post visit action: dealing with a lack of cooperation
A situation may occur where you have conducted a visit or desk-based intervention and have not been able to establish everything you needed to confirm the business’s compliance with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017). See below for different scenarios.
If cooperation is withdrawn because there is a dispute, follow the guidance on lack of cooperation with a business at CH280500 .
Where someone does not cooperate because they have a disability or requires extra support, you must make reasonable adjustments to make sure they are not disadvantaged following the guidance.
If the business is abusive or aggressive, see ECSH34245.
If the business has failed to provide information you have asked for, despite repeated attempts to contact them to discuss what you need and why, you should review your findings so far and decide whether you have enough information to assess the compliance to decide on an outcome. (This content has been withheld because of exemptions in the Freedom of Information Act 2000).
If not, consider what action is likely to result in you obtaining the information you need to complete the check, such as:
- use, or further use, of information powers
- use of appropriate sanctions for non-compliance with a notice issued under regulation 66 or 69 MLR 2017– consider whether there are grounds for cancellation or suspension
- whether a document could be obtained from a third party under regulation 66(8) MLR 2017
Where this has resulted in you obtaining the information you need and can now consider an outcome, refer to the SWI ‘decide how to resolve compliance check.’
You must consider whether a lack of co-operation may also affect the outcome of your case. For example, if you consider a financial penalty to be appropriate, the business may not benefit from behavioural reductions. You may decide that a business, or any of its beneficial owners, officers or managers) are no longer fit and proper (money service business (MSB) and trust or company service provider (TCSP) only). Or you may consider that the business is unable to demonstrate it will comply with MLR 2017 and consider cancelling its registration. Full details on all of the above can be found in ECSH80000.