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Updates: Economic Crime Supervision Handbook

2024

17 December 2024 published amendments

16 December 2024 published amendments

Use of gross profit to calculate penalties under the penalty framework

Amendment improving formatting and content. Clarification on home office use and re-drafted final two paragraphs.

9 December 2024 published amendments

4 December 2024 published amendments

Schedule 3ZA - High-Risk Third Countries

Addition of missing columns and dates.

3 December 2024 published amendments

MLR toolkit: contents

Introductory text and links added.

MLR Toolkit introduction

Archived page as content moved to ECSH60000

Introduction

Archive of page

Part 1 - Regulations 1-7: contents

Change of title

Regulation 1 - Citation and commencement

Removal of redaction

Regulation 3 - General interpretation

Removal of redaction

Regulation 4 - Meaning of business relationship

Removal of redaction

Regulation 20 - Policies, controls and procedures: group level

Unpublish awaiting content

Part 2 - Regulations 9-26: contents

Title change

Regulation 9 - Carrying on business in the UK

Change of content and removal of redaction.

Regulation 32 - Exception for trustees of debt issues

Added content

Customer due diligence: general: contents

Archive as no longer needed

Enhanced customer due diligence: contents

Archive as no longer needed

Simplified customer due diligence: contents

Archive as no longer needed

Regulation 29 - Additional customer due diligence measures: credit institutions and financial institutions

Contents added to page

Beneficial Ownership Information: contents

Archived as no longer needed

Part 5 - Regulation 42-45ZB: contents

Title change and added links

ECSH Regulation 47 - Duties of supervisory authorities: information

Added content and link

Duties of supervisory authorities: contents

Archive

Registration: contents

Archive page

Transfer of funds (Information on the payer) Regulations: contents

Archive page

Part 8 - Regulations 65-74: contents

Amend title and added links

Criminal offences, penalties and proceedings etc: contents

Archive page

General: contents

Archive as no longer needed

Regulation 80 - Injunctions

Added content

Regulation 79 - Imposition of civil penalties

Contents added

Regulation 85 - Publication: the Commissioners

Added content and link

Civil penalties and notices: contents

Archive page as no longer needed

Archive

Part 9 - Regulations 75 - 92: contents

amended title and added links

Decisions of the FCA: contents

Archive as no longer needed

Decisions of the Commissioners: contents

Archive as no longer needed

Regulation 99 - Appeals against decisions of the commissioners

Added content

Regulation 100 - Appeals against decisions of the Commissioners: procedures

Added content and linked

Part 10 - Regulations 93-100: contents

Amended title

Miscellaneous provisions: contents

Archive as no longer needed

Part 11 - Regulations 101 - 110: contents

Amended title and added links

22 November 2024 published amendments

Sanctions for non-compliance: censuring statements

Second bullet point removed from "criteria for identifying a case for possible censure". Redacted section on "what to do if you identify censure as a possible appropriate sanction" removed and replaced by a statement (redacted).

21 November 2024 published amendments

Proliferation Financing

To be archived - content moved to ECSH33206.

HMRC responsibilities

To be archived - content moved to ECSH33206.

What must businesses do?

Page to be archived - content moved to ECSH33206.

What must businesses do?

Page to be archived - content moved to ECSH33206.

Regulation 19A - Policies, controls and procedures in relation to proliferation financing

Content removed as not relevant

Sanctions for non-compliance: financial penalties: financial penalties framework: definition of knowingly concerned in a contravention of the regulations

Improved definition of knowingly concerned

Regulation 18A - Risk assessment by relevant persons in relation to proliferation financing

Page changed from contents page, added content following archive of ECSH63386-ECSH63389.

20 November 2024 published amendments

Health and safety/other support needed

Archive page as no longer needed

19 November 2024 published amendments

18 November 2024 published amendments

Risk Based Approach

Addition of content

15 November 2024 published amendments

Regulation 18 - Risk assessment by relevant persons

Addition of FAQ on Regulation 18(4) concession and link to ECSH81100.

8 November 2024 published amendments

Initial contact: What to do if there is no response to initial contact

Links added to 32813, 32841 and 32620. Reference to ECSH33911 removed and replaced by ECSH33025

7 November 2024 published amendments

5 November 2024 published amendments

Data Protection Act 2018/General Data Protection Regulation: data retention and disposal

Replaced section 90 DPIA 2018 with section 39 DPIA 2018 as reference to section 90 was incorrect.

25 October 2024 published amendments

Checking record keeping, reliance and GDPR

Structure change this is now a contents page. Guidance moved to ECSH35210

23 October 2024 published amendments

22 October 2024 published amendments

Types of intervention: Contents

Change of ECSH32600 to contents page. Content in page moved to ECSH32601.

Sanctions for non-compliance: financial penalties: financial penalties framework: type 2 (trading whilst unregistered)

Corrected date used in the apportionment example.

Fit and proper and approvals: large trader registration

Reformatted page and redacted content

18 October 2024 published amendments

Part 2 - Money Laundering and Terrorist Financing: contents

remove pages from the structure 63380, 63385 and 63395

remove pages from the structure 63380, 63385 and 63395

Regulation 18A - Risk assessment by relevant persons in relation to proliferation financing:

removed pages that had been linked incorrectly 633086, 63387, 63388 and 63389

ADDED PAGES 63386, 63387, 63388 AND 63389

8 October 2024 published amendments

Registration: contents

46000 added to the contents page

added 47500 to the contents page

added 47530 to the contents page

added 48000 to the contents page

44375 added to the contents page

Refusing an application for registration: Contents : Refusing registration: Operational guidance

added 47531 to the contents page

added 47532 to the contents page

added 47533 to the contents page

added 47536 to the contents page

The Register: contents

removed page 44375

Operational Guidance

removed 44425

added 44380

The Register: Contents: Operational guidance: The registration process

added 44381 to the contents

The Registration process: Online application form

removed spacing

7 October 2024 published amendments

Fit and proper and approvals: Contents: Operational guidance: Fit and proper test failure

added 45835 to the contents page

added 45840 to the contents page

added 45845 to the contents page

Registration: contents

added 45850 to the contents page

Fit and proper and approvals: Contents: Operational guidance: Government gateway account

added 45852 to the contents page

added 45854 to the contents page

45853 added to the contents page

Government Gateway Account: Common log-in issues

added content to the new page

Government gateway account: common application submission issues

added content to the page

4 October 2024 published amendments

Registration: contents

added 45810 to the contents page

added 45820 to the contents

Fit and proper and approvals: Contents: Operational guidance: The fit and proper test-What is tested?

added 45811 to the contents page

added 45812 to the contents page

added 45812 to the contents page

added 45815 to the contents page

Fit and proper and approvals: Contents: Operational Guidance: The fit and proper test: Risk assessment and policies, controls and procedures inspection

Amended title

Fit and proper and approvals: Contents: Operational guidance: Fit and proper test failure

added 45821 to the contents page

added 45822 to the contents page

added 45822

added 45825 to the contents page

added 45830 to the contents

3 October 2024 published amendments

Fit and proper and approvals: Contents: Operational guidance: Confirming the identity of the responsible person

ADDED 45799 TO THE CONTENTS PAGE

ADDED 45800 TO THE CONTENTS PAGE

added 45805 to the contents page

Periods of intensification/days of action

Change in title - from "Other user interests" to "Periods of intensification/days of action”.

2 October 2024 published amendments

Registration: contents

added 45795 to the contents page

Fit and proper and approvals: Contents: Operational guidance: Confirming the identity of the responsible person

added 45796 to the contents page

added 45797 to the contents page

added 45798 to the contents page

By letter

Regional Centre and Central Print Service text redacted

Notes of meeting

content added

1 October 2024 published amendments

Checking risk assessment and management

Changing redaction text

Establishing policies, controls and procedures

Headings changed to number 2. Title and ECSH heading removed.

Registration: contents

Added 45000 to the structure

45790 added to the contents page

Post visit action: dealing with a lack of cooperation

Content updated

Fit and proper and approvals: Contents: Operational guidance

added 45780

45785 added to the contents page

Who needs to be declared as a responsible person? Contents

added 45791 to the contents page

added 45792 to the contents page

Initial contact: Who to contact

Redacted text "within SIP to ETMP".

27 September 2024 published amendments

26 September 2024 published amendments

18 September 2024 published amendments

Trust or company service providers

Subsections ECSH52025 - 52075 added

29 August 2024 published amendments

Outcomes

added content to the page

added a sub contents page

added a sub contents page

How to determine if a business has taken Reasonable steps

added content to the page

Decision making tool (KDL/SAFCORM)

Added content to the page

added content to the page

redacted content

Understanding the corporate structure

redacted text

28 August 2024 published amendments

Contemporaneous notes of meeting

Added content to the contents page, notebooks

Added contents to the contents page - digital notebooks

Case management systems and case trackers

added a page to the main contents page

Data protection and retention periods

added content to the page

Referrals

added page to contents page

Closing the case

added pages to the contents page

Closure checklist

added and formatted all the content on the page

Closure and scoring

added content to the page

Further contact

added content to the page

updated URL to process guides

27 August 2024 published amendments

Checking record keeping, reliance and GDPR

Add page to contents page

added page to the contents page

added a page to the contents page

added content to the page

notes

Record keeping

added content to the page

22 August 2024 published amendments

Support available

redacted text

redacted content

20 August 2024 published amendments

Results from initial contact/review of documents

bullet points added to the content

15 August 2024 published amendments

Project Initiation Document (PID)

Linked the page to other pages in the handbook

Caseflow

added URL to link

Standard Information Package (SIP)

Linked pages in the content

Reviewing intelligence

Linked pages within the content

Companies House

added URLs to the links in the content

DTR

linked to other pages in the content

By Phone

redacted part of the content and linked to other pages in the handbook.

How to contact

added content to the page

added URL into a link

13 August 2024 published amendments

Legislation: contents

Added page 26000 to the contents

Other User interests

Title amended from Visits with other stakeholders to Periods of intensification/Days of action and content added

Title amended from Visits with other stakeholders to Periods of intensification/Days of action and content added

removed spacing and added links to the page

Desk based checks

added bullets and links

Face to Face visits

linked pages in the content

Unannounced visits

Linked to other pages in the handbook

Visits to a business with a large number branches

added links and linked to other pages in the handbook

12 August 2024 published amendments

Visits with other stakeholders

Title amended to Visits with other stakeholders

Title amended - form Other user interests to Visits with other stakeholders

Periods of intensification/Days of action

Title amended from Visits with other stakeholders to Periods of intensification/Days of action

9 August 2024 published amendments

Other User interests

Content added

8 August 2024 published amendments

Economic Crime Supervision Handbook

Subsection ECSH50000 page added

Sector specific risks

link to ECSH50000 added

29 July 2024 published amendments

Sanctions for non-compliance: financial penalties: financial penalties framework: type 1 Compliance Penalties [Money Service Businesses (MSBs), High Value Dealers (HVDs) and Art Market Participants (AMPs)]

Changed the word cross to gross

Sanctions for non-compliance: financial penalties: financial penalties framework: groups of related contraventions

118A and 19A added to fundamental requirements

added • Regulation 30A – failure to report any discrepancies to the registrar of companies between information held on the beneficial ownership of a customer, as a result of customer due diligence, and information on the register.

Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

Added content to the first paragraph

18 July 2024 published amendments

Checking internal controls and compliance monitoring

added content to the page

Case management

added content to the page

17 July 2024 published amendments

16 July 2024 published amendments

Extra support

added content to page

Overcoming language barriers

added content to page

Data handler

added content to the page

Officers personal safety

added content to the page

5 July 2024 published amendments

18 June 2024 published amendments

14 June 2024 published amendments

4 June 2024 published amendments

Registration: contents

ECSH 64005 added to list

23 May 2024 published amendments

Registration: contents

Added Reg 56A

14 May 2024 published amendments

25 April 2024 published amendments

Regulation 18 - Risk assessment by relevant persons

added links

linked page to contents

added links

23 April 2024 published amendments

Regulation 24 - Training

removed links

Regulation 11 - Auditors and others 

Links added further reading Regs 18, 19, 28.

Regulation 12 - Independent legal professionals and trust or company service providers

Further Reading links added Regs 18,19,28.

Regulation 13 - Estate agents and letting agents

Further reading links added Reg 27, 28, 35

Regulation 18 - Risk assessment by relevant persons

Further reading links added to Reg 19 and 28.

Regulation 76 - Power to impose civil penalties: fines and statements

Further reading internal guidance references added.

Regulation 21 - Internal controls

checked links

Regulation 19 - Policies, controls and procedures

checked links

19 April 2024 published amendments

Schedule 3ZA - High-Risk Third Countries

FATF list of High-risk Countries and other monitored jurisdictions "HERE" added

Regulation 11 - Auditors and others 

FAQs added

18 April 2024 published amendments

Regulation 39 - Reliance

Updated links in further reading

Regulation 37 - Application of simplified customer due diligence

REMOVED KNOWLEDGE LIBRARY LINK AS WON'T PUBLISH

Regulation 31 – Requirement to cease transactions etc

added link

removed link that doesn't work

Regulation 27 - Customer due diligence

added links to further reading

Regulation 26 - Prohibitions and approvals

amended links

Regulation 50 - Duty to cooperate

redacted internal guidance

Regulation 69 - Entry, inspection of premises without a warrant etc

information redacted

16 April 2024 published amendments

15 April 2024 published amendments

12 April 2024 published amendments

9 April 2024 published amendments

5 April 2024 published amendments

26 March 2024 published amendments

18 March 2024 published amendments

15 March 2024 published amendments

Enhanced customer due diligence: contents

add content to contents page

Customer due diligence: general: contents

content added to contents page

content added to contents page

content added to contents page

Simplified customer due diligence: contents

add content to contents page

content added to contents page

Regulation 46A - Annual reports by self-regulatory organisations

Content Added

Regulation 48 - Duties of the FCA: guidance on politically exposed persons

Content Added

Regulation 49 - Duties of self-regulatory organisations

Content Added

12 March 2024 published amendments

11 March 2024 published amendments

8 March 2024 published amendments

7 March 2024 published amendments

Introduction

amend links

5 March 2024 published amendments

4 March 2024 published amendments

Customer due diligence: general: contents

add contents to content page

29 February 2024 published amendments

Application contents

add content to contents page

Content added to contents page

to add content to the contents page

Economic Crime Supervision Handbook

added content to the contents page

add to contents page

Further Sources of Guidance

Amended the first paragraph

23 February 2024 published amendments

Legislation: content

content added

content added

content added

add content page

add content page

add content page

Economic Crime Supervision Handbook

add content page

add content page

Introduction

links added

Financial Services and Markets Act 2000

links added

Introduction

add link

add link

22 February 2024 published amendments

Economic Crime Supervision Handbook

add content

add content

add content

contents page added

Legislation: content

content added

content added

content added

content added

content added

content added

content added

content added

Introduction

link added

MLR Toolkit introduction

content added

15 February 2024 published amendments

14 February 2024 published amendments

13 February 2024 published amendments

12 February 2024 published amendments

Economic Crime Supervision Handbook

Add new content ECSH63150

Part 1 - Introduction: contents

to add content

Content added

content added

Regulation 2 - Prescribed Regulations

Content amended

Content amended

1 February 2024 published amendments

Sanctions for non-compliance: financial penalties: financial penalties framework: scale charge table

Table amended 4,000 to 4,999 changed from £80,000 to £70,000.
5,000 to 5,999 changed from £90,000 to £80,000.

Sanctions for non-compliance: financial penalties: financial penalties framework: introduction

Inserted: This financial penalty framework is effective from 1 April 2020 at the start of first paragraph.

Sanctions for non-compliance: financial penalties: financial penalties framework: type 1 (scale charge)

added, transactions or end users in stage 1 paragraph.

2023

6 October 2023 published amendments

5 October 2023 published amendments

Glossary

Accountancy Service Providers (ASPs) added.

Sanctions for non-compliance: sanctions framework: sanctions framework

Insert 3rd paragraph 'The DM must not issue a penalty if the business had taken all reasonable steps and exercised all due diligence to comply with the relevant requirement. See ECSH 82525'

Sanctions for non-compliance: sanctions framework: determining an appropriate sanction

4th bullet amended to include and failed to exercise all due diligence.
Added sentence If the DM does not have this information, it is unlikely that they will be able to progress with a sanction

Sanctions for non-compliance: warning letters

Insert 3rd paragraph 'It must also specify the relevant period of the contravention(s) covered by the warning letter'. Inserted Link to ECSH 82850.

Sanctions for non-compliance: financial penalties: imposing a financial penalty

Added link to ECSH 82525 end of 3rd paragraph

Sanctions for non-compliance: financial penalties: financial penalties framework: introduction

Added 2nd paragraph

Sanctions for non-compliance: financial penalties: financial penalties framework: scale charge table

Removed 'for relevant clients subject to the breach' from title and short title
Amended table heading to include Transactions/End Users

20 September 2023 published amendments

Sanctions for non-compliance: introduction - sanctions

Money Laundering Regulations 2017 (MLR 2017) replaced with The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

24 July 2023 published amendments

Sanctions for non-compliance: introduction - sanctions

and a suspension or cancellation of registration might also be appropriate in these circumstances. - suspension or cancellation linked to 83575

Sanctions for non-compliance: warning letters

Where breaches have been identified an advice letter should not be issued. - advice letter linked to 81500

Sanctions for non-compliance: prohibition on management: introduction

knowingly concerned linked to 82840

14 July 2023 published amendments

29 June 2023 published amendments

Sanctions for non-compliance: sanctions framework: sanctions framework

83000 changed to 83000 Prohibition on management

82000 changed to 82000 Warning letter
82500 changed to 82500 Financial penalties
83500 changed to 83500 Suspension and cancellation
84000 changed to 84000 Censuring statements
84500 changed to 84500 Injunctions

Sanctions for non-compliance: financial penalties: definitions

Regulation 83 changed to a link to Regulation 83
Schedule 6 changed to a link to Schedule 6

Sanctions for non-compliance: financial penalties: financial penalties framework: introduction

Regulation 83 changed to a link

82575 changed to a link

Sanctions for non-compliance: suspension and cancellation: introduction

Reg 54 changed to a link to Reg 54
Reg 55 changed to a link to Reg 55

7 June 2023 published amendments

Sanctions for non-compliance: financial penalties: calculating the amount of a financial penalty

Guidance amended from Trust and Company Service Providers to Trust or Company Service Providers.
Bracket added end of sentence for Type 1 and Type 2 breaches.

Sanctions for non-compliance: financial penalties: financial penalties framework: date of effect of supervision

Guidance amended so that 'Trust and Company Service Providers (TCSP)' is now 'Trust or Company Service Providers (TCSP)'