Regulation 56 Finance: reporting obligationsI1
United Kingdom
A relevant firm must inform the Treasury as soon as practicable if—
it knows, or has reasonable cause to suspect, that a person—
is a designated person, or
has F1breached a prohibition or failed to comply with an obligation under any provision of Part 3 (Finance), regulation 38(3) (financial transactions in relation to Libyan oil) or regulation 52 (finance: licensing offences), and
the information or other matter on which the knowledge or cause for suspicion is based came to it in the course of carrying on its business.
Where a relevant firm informs the Treasury under paragraph (1), it must state—
the information or other matter on which the knowledge or suspicion is based, and
any information it holds about the person by which the person can be identified.
Paragraph (4) applies if—
a relevant firm informs the Treasury under paragraph (1) that it knows, or has reasonable cause to suspect, that a person is a designated person, and
that person is a customer of the relevant firm.
The relevant firm must also state the nature and amount or quantity of any funds or economic resources held by it for the customer at the time when it first had the knowledge or suspicion.
Where a person (“P”) knows, or has reasonable cause to suspect, that P holds funds or economic resources owned, held or controlled by a designated person, P must by no later than 30th November in each calendar year provide a report to the Treasury as to the nature and amount or quantity of those funds or economic resources held by P as of 30th September in that calendar year.
Where a report has been provided further to paragraph (4A) but as of 30th September in the following calendar year P no longer holds funds or economic resources owned, held or controlled by the designated person, P must by no later than 30th November in that calendar year report this to the Treasury.
For the purposes of paragraphs (4A) and (4B), funds or economic resources are to be treated as owned, held or controlled by a designated person if they are owned, held or controlled by a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the designated person.
A relevant institution must inform the Treasury without delay if that institution—
credits a frozen account or a relevant account in accordance with regulation 43(4) (finance: exceptions from prohibitions), or
transfers funds from a frozen account or a relevant account in accordance with regulation 43(6).
A person who fails to comply with a requirement in paragraph (1), (2) or (4) commits an offence.
A person commits an offence if that person, without reasonable excuse, fails to comply with a requirement in paragraph (4A) or (4B).
In this regulation, the following terms have the same meaning as they have in regulation 43—
“designated person”;
“frozen account”;
“relevant account”;
“relevant institution”.
For the purposes of this regulation, “relevant firm” is to be read in accordance with regulation 57.
Annotations
Textual amendments
- F1
Words in reg. 56(1)(a)(ii) substituted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 31(9)(a)
- F2
Reg. 56(4A)-(4C) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 31(9)(b)
- F3
Reg. 56(6A) inserted (5.12.2024) by The Sanctions (EU Exit) (Miscellaneous Amendments) (No. 2) Regulations 2024 (S.I. 2024/1157), regs. 1(2), 31(9)(c)
Commencement
- I1
Reg. 56 in force at 31.12.2020 on IP completion day, see reg. 1(3)