The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
S.I. 2017/692 · Extends to United Kingdom
Financial Services
Made at 9.20 a.m. on 22nd June 2017
Laid before Parliament at 4.30 p.m. on 22nd June 2017
Coming into force 26th June 2017
The Treasury are designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the prevention of money laundering and terrorist financing.
The Treasury in exercise of the powers conferred by section 2(2) of that Act and by sections 168(4)(b), 402(1)(b), 417(1) and 428(3) of the Financial Services and Markets Act 2000 M3, make the following Regulations.C1C2
Annotations to the whole text
Marginal citations
- M1
- M2
1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 (c. 7). By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c. 51), an order may be made under section 2(2) of the European Communities Act 1972 to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed in Brussels on 17th March 1993 (Cm 2183).
- M3
2000 c.8; section 168(4)(b) was amended by the Financial Services Act 2012 (c.21), Schedule 12, Part 1; section 402(1) was amended by the Financial Services Act 2012 (c.21), Schedule 9, Parts 1 and 7; and section 417(1) was amended by section 48(1)(d) of the Financial Services Act 2012 (c.21). There are other amendments to section 417(1) which are not relevant to these Regulations.
Modifications
- C1
Regulations: power to modify conferred (17.12.2024) by 2023 c. 29, ss. 13, 17 (as amended by The Financial Services and Markets Act 2023 (Addition of Relevant Enactments) Regulations 2024 (S.I. 2024/1347), regs. 1(2), 2(2)(b))
- C2
Regulations applied (with modifications) (3.3.2025) by S.I. 2023/1398, reg. 6, Sch. Pt. 6 (as amended by The Financial Services and Markets Act 2023 (Digital Securities Sandbox) (Amendment) Regulations 2025 (S.I. 2025/93), regs. 1(2), 7(1))
Contents
- Part 1: Introduction
- 1Citation and commencement
- 2Prescribed regulations
- 3General interpretation
- 4Meaning of business relationship
- 5Meaning of beneficial owner: bodies corporate or partnership
- 6Meaning of beneficial owner: trusts, similar arrangements and others
- 7Supervisory authorities
- Part 2: Money Laundering and Terrorist Financing
- Chapter 1: Application
- 8Application
- 9Carrying on business in the United Kingdom
- 10Credit institutions and financial institutions
- 11Auditors and others
- 12Independent legal professionals and trust or company service providers
- 13Estate agents and letting agents
- 14High value dealers, casinos, auction platforms and art market participants
- 14ACryptoasset exchange providers and custodian wallet providers
- 15Exclusions
- Chapter 2: Risk assessment and controls
- 16Risk assessment by the Treasury and Home Office
- 16ARisk assessment by the Treasury
- 17Risk assessment by supervisory authorities
- 18Risk assessment by relevant persons
- 18ARisk assessment by relevant persons in relation to proliferation financing
- 19Policies, controls and procedures
- 19APolicies, controls and procedures in relation to proliferation financing
- 20Policies, controls and procedures: group level
- 21Internal controls
- 22Central contact points: electronic money issuers and payment service providers Repealed
- 23Requirement on authorised person to inform the FCA
- 24Training
- 25Supervisory action
- Chapter 3: Ownership and Management Restrictions
- 26Prohibitions and approvals
- Part 3: Customer Due Diligence
- Chapter 1: Customer due diligence: general
- 27Customer due diligence
- 28Customer due diligence measures
- 29Additional customer due diligence measures: credit institutions and financial institutions
- 30Timing of verification
- 30ZAInsolvent bank customers
- 30ARequirement to report discrepancies in registers
- 31Requirement to cease transactions etc
- 32Exception for trustees of debt issues
- Chapter 2: Enhanced customer due diligence
- 33Obligation to apply enhanced customer due diligence
- 34Enhanced customer due diligence: credit institutions, financial institutions and correspondent relationships
- 35Enhanced customer due diligence: politically exposed persons
- 36Politically exposed persons: other duties
- Chapter 3: Simplified customer due diligence
- 37Application of simplified customer due diligence
- 38Electronic money
- Part 4: Reliance and Record-keeping
- 39Reliance
- 40Record-keeping
- 41Data Protection
- Part 5: Beneficial Ownership Information
- 42Application of this Part
- 43Corporate bodies: obligations
- 44Trustee obligations
- 45Register of beneficial ownership
- 45ZARegister of beneficial ownership: additional types of trust
- 45ZBAccess to information on the register
- Part 5A: Requests for information about accounts and safe-deposit boxes Repealed
- 45ADuty to establish mechanism for requests Repealed
- 45BDuty to respond to requests for information Repealed
- 45CRequests for information about accounts Repealed
- 45DRequests for information about safe-deposit boxes Repealed
- 45ERequirements for making a request for information Repealed
- 45FAccess to requests and responses, guidance and review Repealed
- 45GRecord keeping Repealed
- 45HInterpretation Repealed
- Part 6: Money Laundering and Terrorist Financing: Supervision and Registration
- Chapter 1: Duties of supervisory authorities
- 46Duties of supervisory authorities
- 46AAnnual reports by self-regulatory organisations
- 47Duties of supervisory authorities: information
- 48Duties of the FCA: guidance on politically exposed persons
- 49Duties of self-regulatory organisations
- 50Duty to co-operate
- 51Regulatory information
- 52Disclosure by supervisory authorities and other relevant authorities
- 52AObligation of confidentiality
- 52BObligation of confidentiality: offence
- Chapter 2: Registration
- 53Interpretation
- 54Duty to maintain registers of certain relevant persons
- 55Power to maintain registers
- 56Requirement to be registered
- 56ATransitional provision for existing cryptoasset businesses: requirement to register
- 56BRequirement that cryptoasset firms acting as cryptoasset exchange providers or custodian wallet providers inform the FCA
- 57Applications for registration in a register maintained under regulation 54 or 55
- 58Fit and proper test
- 58AFit and proper test: cryptoasset businesses
- 59Determination of applications for registration under regulations 54 and 55
- 60Cancellation and suspension of registration in a register under regulation 54 or 55
- Chapter 3: Disclosure obligation
- 60ADisclosure by cryptoasset businesses
- 60BChanges in control of registered cryptoasset businesses
- Part 7: Transfer of Funds (Information on the Payer) Regulations
- 61Interpretation
- 62Transfer of funds supervisory authorities
- 63Duties of transfer of funds supervisory authorities
- 64Obligations of payment service providers
- Part 7A: Cryptoasset Transfers
- Chapter 1: Application and interpretation
- 64AApplication of this Part
- 64BInterpretation
- Chapter 2: Inter-cryptoasset business transfers
- 64CInformation accompanying an inter-cryptoasset business transfer
- 64DMissing or non-corresponding information: the cryptoasset business of a beneficiary
- 64EMissing information: intermediaries
- 64FRetention of information with an inter-cryptoasset business transfer: intermediaries
- Chapter 3: Unhosted wallet transfers
- 64GRequesting information: unhosted wallet transfers and cryptoasset businesses
- Chapter 4: Provision of information to law enforcement authorities
- 64HProvision of information
- Part 8: Information, Investigation and Directions
- 65Interpretation
- 66Power to require information
- 67Requests in support of other authorities
- 68Requests to other authorities
- 69Entry, inspection of premises without a warrant etc
- 70Entry of premises under warrant
- 71Retention of documents taken under regulation 66 or 70
- 72Provision of information and warrants: safeguards
- 73Admissibility of statements
- 74Powers of relevant officers
- 74AReporting requirements: cryptoasset businesses
- 74BReport by a skilled person: cryptoasset businesses
- 74CDirections: cryptoasset businesses
- Part 9: Enforcement
- Chapter 1: General
- 75Meaning of “relevant requirement”
- Chapter 2: Civil penalties and notices
- 76Power to impose civil penalties: fines and statements
- 77Power to impose civil penalties: suspension and removal of authorisation
- 78Power to impose civil penalties: prohibitions on management
- 79Imposition of civil penalties
- 80Injunctions
- 81The FCA: disciplinary measures (procedure)
- 82The FCA: procedure (general)
- 83The Commissioners: disciplinary measures (procedure)
- 84Publication: the FCA
- 85Publication: the Commissioners
- Chapter 3: Criminal offences, penalties and proceedings etc.
- 86Criminal offence
- 87Offences of prejudicing investigations
- 88Information offences
- 89Proceedings: general
- 90Proceedings: jurisdiction
- 91Proceedings: partnership or unincorporated association
- 92Offence by bodies corporate, partnership or unincorporated association
- Part 10: Appeals
- Chapter 1: Decisions of the FCA
- 93Appeals against decisions of the FCA
- Chapter 2: Decisions of the Commissioners
- 94Offer of review
- 95Review by the Commissioners
- 96Extensions of time
- 97Review out of time
- 98Nature of review etc
- 99Appeals against decisions of the Commissioners
- 100Appeals against decisions of the Commissioners: procedure
- Part 11: Miscellaneous Provisions
- 101Recovery of charges and penalties through the court
- 102Costs of supervision
- 103Obligations on public authorities
- 104Suspicious activity disclosures
- 104AThe United Kingdom’s financial intelligence unit
- 105Disclosure by the Commissioners
- 106General restrictions
- 107Transfers between the United Kingdom and the Channel Islands and the Isle of Man
- 108Review
- 109Consequential amendments
- 110Revocation and saving provisions
- Signature
- Schedule 1Professional Bodies
- Schedule 2: Listed Activities
- Paragraph
- Schedule 3: Relevant Offences
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 27AParagraph 27A
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- Schedule 3AZAMaterial Discrepancies
- Schedule 3ZAHigh-Risk Third Countries Repealed
- Schedule 3A: Excluded Trusts
- 1Legislative Trusts
- 1ALegislative Trusts
- 2Trusts imposed by court order
- 3Pension scheme trusts
- 4Trusts of insurance policies
- 5Charitable trusts
- 6Pilot trusts
- 6ABank accounts for minors etc
- 7Trusts having effect on death
- 8Trusts having effect on death
- 8ATrusts having effect on death
- 9Co-ownership
- 9AParagraph 9A
- 9BRevocation of survivorship destination trusts
- 10Financial markets infrastructure
- 11Professional services
- 12Client money etc.
- 13Capital markets etc.
- 14Commercial transactions
- 15Registration of assets
- 16Trusts meeting legislative requirements
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Public authorities
- 23AGeneral exclusion
- 24Interpretation
- Schedule 4: Supervisory Information
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 12AParagraph 12A
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 15AParagraph 15A
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Schedule 5: Connected Persons
- 1Corporate Bodies
- 2Partnerships
- 3Unincorporated Associations
- 4Individuals
- Schedule 6: Meaning of “relevant requirement”
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 10Paragraph 10
- 11Paragraph 11
- 11AParagraph 11A
- 12Paragraph 12
- 13Paragraph 13
- Schedule 6A: The United Kingdom’s Financial Intelligence Unit
- 1Interpretation
- 2Reports to the National Crime Agency
- 3Co-operation
- 4Provision of information in response to external requests
- 5Provision of information in response to external requests
- 6Provision of information in response to external requests
- 7Provision of information in response to external requests
- 8Provision of information in response to external requests
- 9Conditions and restrictions on provision or further dissemination of relevant information
- 10Conditions and restrictions on provision or further dissemination of relevant information
- 11Conditions and restrictions on provision or further dissemination of relevant information
- 12Conditions and restrictions on provision or further dissemination of relevant information
- 13Requests for information by the NCA to foreign FIUs
- 14Requests for information by the NCA to foreign FIUs
- 15Requests for information by the NCA to foreign FIUs
- 16Conditions and restrictions on use of information received by the NCA from foreign FIUs
- Schedule 6B: Changes in Control of Registered Cryptoasset Businesses
- 1Modifications: Control over registered cryptoasset businesses registered before 25th October 2027
- 2Modifications: Control over registered cryptoasset businesses registered before 25th October 2027
- 3Modifications: Control over registered cryptoasset businesses registered on and after 25 October 2027 Not yet in force
- 4Modifications: Control over registered cryptoasset businesses registered on and after 25 October 2027 Not yet in force
- 5Interpretation
- Schedule 7: Consequential Amendments
- Part 1: Consequential Amendments to Primary Legislation
- 1Solicitors (Scotland) Act 1980
- 2Northern Ireland Act 1998
- 3Financial Services and Markets Act 2000
- 4Terrorism Act 2000
- 5Criminal Justice and Police Act 2001
- 6Proceeds of Crime Act 2002
- 7Counter-Terrorism Act 2008
- 8Borders, Citizenship and Immigration Act 2009
- 9Crime and Courts Act 2013
- 10Finance Act 2014
- 11Bank of England and Financial Services Act 2016
- Part 2: Consequential Amendments to Secondary Legislation
- 12Estate Agents (Undesirable Practices) (No 2) Order 1991
- 13Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) 1999
- 14Terrorism Act 2000 (Crown Servants and Regulators) Regulations 2001
- 15Representation of the People (England and Wales) Regulations 2001
- 16Representation of the People (Scotland) Regulations 2001
- 17Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
- 18Open-Ended Investment Companies Regulations 2001
- 19Proceeds of Crime Act 2002 (Disclosure of information to and by Lord Advocate and Scottish Ministers) Order 2003
- 20Proceeds of Crime Act 2002 (Failure to Disclose Money Laundering: Specified Training) Order 2003
- 21Legislative and Regulatory Reform (Regulatory Functions) Order 2007
- 22Representation of the People (Northern Ireland) Regulations 2008
- 23Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009
- 24Payment Services Regulations 2009
- 25Companies (Disclosure of Address) Regulations 2009
- 26Overseas Companies Regulations 2009
- 27Defence and Security Public Contracts Regulations 2011 Repealed
- 28Electronic Money Regulations 2011
- 29Terrorism Act 2000 and Proceeds of Crime Act 2002 (Business in the Regulated Sector) (No 2) Order 2012
- 30Payment to Treasury of Penalties (Enforcement Costs) Order 2013
- 31Public Interest Disclosure (Prescribed Persons) Order 2014
- 32Companies (Disclosure of Date of Birth Information) Regulations 2015
- 33Payment Accounts Regulations 2015
- 34Register of People with Significant Control Regulations 2016
- 35Economic Growth (Regulatory Functions) Order 2017
- Explanatory note