Defined terms — The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
United Kingdom · uksi/2017/692 · 1221 provisions
159 defined in this instrument.
accessible information — the details specified in paragraph (9) or (10) which are held on the register in relation to a beneficial owner of a type A trust , a type B trust or a type C trust (within the meaning given in regulation 45ZA(2)), or in relation to an individual referred to as a potential beneficiary in a document from the settlor relating to the trust such as a letter of wishes Section 45ZB(8)
acquirer — a payment service provider contracting with a payee to accept and process card-based payment transactions, which result in a transfer of funds to the payee;
“payment instrument” has the meaning given by regulation 2(1) of the Electronic Money Regulations 2011;
“remote payment transaction” has the meaning given by regulation 2 of the Payment Services Regulations 2017 Section 38(5)
appropriate — (other than in references to an appropriate body) effective, proportionate and dissuasive Section 76(8)
appropriate — effective, proportionate and dissuasive Section 77(8)
appropriate body — any body which regulates or is representative of any trade, profession, business or employment carried on by a relevant person;
“art market participant” has the meaning given by regulation 14(1)(d);
“auction platform” has the meaning given by regulation 14(1)(c);
“auditor” (except in regulation 31(4)) has the meaning given by regulation 11(a) Section 3(1)
appropriate officer — —
an officer of the FCA, including a member of the FCA's staff or an agent of the FCA;
an officer of Revenue and Customs;
an employee or agent of a professional body listed in Schedule 1 who is authorised by the body to act on behalf of the body for the purposes of this Part; or
a relevant officer Section 87(10)
appropriate tribunal — —
the Upper Tribunal, in the case of a direction issued by the FCA;
the First-tier or Upper Tribunal, as provided for in regulation 99, in the case of a direction issued by the Commissioners Section 25(14)
art market participant — subject to paragraph (3), a firm or sole practitioner who—
by way of business trades in, or acts as an intermediary in the sale or purchase of, works of art and the value of the transaction, or a series of linked transactions, amounts to £10,000 or more; or
is the operator of a freeport when it, or any other firm or sole practitioner, by way of business stores works of art in the freeport and the value of the works of art so stored for a person, or a series of linked persons, amounts to £10,000 or more Section 14(1)
auction platform — a platform which auctions two-day spot or five-day futures, within the meanings given by regulation 2(1) of the UK auctioning regulations, when it carries out activities covered by that regulation Section 14(1)
auditor — any firm or individual who is—
a statutory auditor within the meaning of Part 42 of the Companies Act 2006 (statutory auditors), when carrying out statutory audit work within the meaning of section 1210 of that Act (meaning of statutory auditor), or
a local auditor within the meaning of section 4(1) of the Local Audit and Accountability Act 2014 (general requirements for audit) , when carrying out an audit required by that Act Section 11
authorised cryptoasset firm — an authorised person who is authorised to carry on a regulated activity specified by Chapter 2B (cryptoassets) of Part 2 (specified activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Section 3(1)
authorised Part 4A person — an authorised person who has a Part 4A permission, within the meaning given to that term in section 55A(5) of FSMA, to carry on that specified activity Schedule 3A, paragraph 6A(2)
authorised person — a person who is authorised for the purposes of FSMA Section 3(1)
batch file transfer — a bundle of individual inter-cryptoasset business transfers from a single originator put together by a cryptoasset business of the originator for transmission to a cryptoasset business of a beneficiary or beneficiaries Section 64B
beneficiary — the intended recipient of a cryptoasset from an originator;
“cryptoasset” has the meaning given in regulation 14A(3)(a) (cryptoasset exchange providers and custodian wallet providers) and includes a right to, or interest in, the cryptoasset Section 64B
bill payment service provider — an undertaking which provides a payment service enabling the payment of utility and other household bills;
“branch”, except where the context otherwise requires, means a place of business that forms a legally dependent part of the entity in question and conducts directly all or some of the operations inherent in its business;
“business relationship” has the meaning given by regulation 4;
.. Section 3(1)
biological weapon — a biological agent or toxin (within the meaning of section 1(1)(a) of the Biological Weapons Act 1974) in a form capable of use for hostile purposes or anything to which section 1(1)(b) of that Act applies;
“chemical weapon” has the meaning given by section 1 of the Chemical Weapons Act 1996 Section 16A(10)
business relationship — a business, professional or commercial relationship between a relevant person and a customer, which—
arises out of the business of the relevant person, and
is expected by the relevant person, at the time when contact is established, to have an element of duration Section 4(1)
cash — notes, coins or travellers' cheques, in any currency;
“casino” has the meaning given by regulation 14(1)(b) Section 3(1)
casino — the holder of a casino operating licence and, for this purpose, a “casino operating licence” has the meaning given by section 65(2)(a) of the Gambling Act 2005 (nature of licence) Section 14(1)
CBRN-related goods and technology — technology (including dual-use technology) and dual-use goods used for non-legitimate purposes in connection with the matters referred to in paragraph (9) Section 16A(10)
conclusion date — the date of the notice notifying the conclusions of the review Section 100(6)
contract of long-term insurance — any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“correspondent relationship” has the meaning given by regulation 34(4);
“credit institution” has the meaning given by regulation 10(1);
“cryptoasset business” has the meaning given by regulation 64B;
“cryptoasset exchange provider” has the meaning given by regulation 14A(1);
“custodian wallet provider” has the meaning given by regulation 14A(2) Section 3(1)
control — a power (whether exercisable alone, jointly with another person or with the consent of another person) under the trust instrument or by law to—
dispose of, advance, lend, invest, pay or apply trust property;
vary or terminate the trust;
add or remove a person as a beneficiary or to or from a class of beneficiaries;
appoint or remove trustees or give another individual control over the trust;
direct, withhold consent to or veto the exercise of a power mentioned in sub-paragraphs (a) to (d) Section 6(2)
copy — a copy of the original document which would be admissible as evidence of the original document in court proceedings;
“data subject” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“personal data” has the same meaning as in Parts 5 to 7 of that Act (see section 3(2) and (14) of that Act).
“beneficiary”, “cryptoasset business”, “inter-cryptoasset business transfer”, “intermediary cryptoasset business” and “unhosted wallet transfer” have the meanings given by regulation 64B Section 40(9)
correspondent relationship — —
the provision of banking services by a correspondent to a respondent including providing a current or other liability account and related services, such as cash management, international funds transfers, cheque clearing, providing customers of the respondent with direct access to accounts with the correspondent (and vice versa) and providing foreign exchange services; or
the relationship between and among credit institutions and financial institutions including where similar services are provided by a correspondent to a respondent, and including relationships established for securities transactions or funds transfers Section 34(4)
credit institution — —
when it accepts deposits or other repayable funds from the public or grants credits for its own account (within the meaning of the capital requirements regulation), or when it bids directly in auctions in accordance with the emission allowance auctioning regulation or the UK auctioning regulations on behalf of its clients.
a credit institution as defined in Article 4.1(1) of the capital requirements regulation; or
a branch (as defined by Article 4.1(17) of that regulation) located in the United Kingdom of an institution falling within sub-paragraph (a) (or an equivalent institution whose head office is located in a third country) wherever the institution's head office is located Section 10(1)
cryptoasset — a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically Section 14A(3)
cryptoasset business — a cryptoasset exchange provider or a custodian wallet provider;
“cryptoasset exchange provider” has the meaning given by regulation 14A(1);
“custodian wallet provider” has the meaning given by regulation 14A(2) Schedule 6B, paragraph 5
cryptoasset business — a cryptoasset exchange provider or a custodian wallet provider Section 64B
cryptoasset exchange provider — a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved, when providing such services—
exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets,
exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or
operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets Section 14A(1)
cryptoasset transfer — an inter-cryptoasset business transfer or an unhosted wallet transfer Section 64B
custodian wallet provider — a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer—
when providing such services.
cryptoassets on behalf of its customers, or
private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets Section 14A(2)
customer — a person other than the undertaking which is not a member of the same group as the undertaking) Section 10(3)
customer due diligence measures — the measures required by regulation 28, and where relevant, those required by regulations 29 and 33 to 37;
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act) Section 3(1)
Department for the Economy — the Department for the Economy in Northern Ireland;
“designated supervisory authority” has the meaning given by regulation 76(8) Section 3(1)
designated supervisory authority — the FCA or the Commissioners Section 76(8)
document — anything in which information of any description is recorded;
“electronic money” has the meaning given by regulation 2(1) of the Electronic Money Regulations 2011 ;
“electronic money institution” has the meaning given by regulation 2(1) of the Electronic Money Regulations 2011;
“electronic money issuer” has the meaning given in regulation 2(1) of the Electronic Money Regulations 2011;
“eligible Scottish partnership” has the meaning given in regulation 3 of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017 (key terms) Section 3(1)
domestic PEP — a politically exposed person entrusted with prominent public functions by the United Kingdom Section 35(12)
dual-use goods — (a) any thing for the time being specified in Annex I of the Dual-Use Regulation, other than any thing which is dual-use technology, and (b) any tangible storage medium on which dual use technology is recorded or from which it can be derived Section 16A(10)
Dual-Use Regulation — Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items Section 16A(10)
dual-use technology — any thing for the time being specified in Annex I of the Dual-Use Regulation which is described as software or technology;
“nuclear weapon” includes a nuclear explosive device that is not intended for use as a weapon Section 16A(10)
duly authorised officer — —
an officer of the FCA, authorised in writing to exercise the powers under this regulation on behalf of the FCA or another supervisory authority, by a Head of Department working within the enforcement function of the FCA; or
an officer of Revenue and Customs authorised in writing to exercise the powers under this regulation on behalf of the Commissioners, or another supervisory authority, by an officer of Revenue and Customs of at least the grade of senior officer Section 69(4)
duly authorised officer — —
where a warrant is issued on the basis of information given on behalf of the FCA or another supervisory authority, an officer of the FCA authorised in writing to exercise the powers under this regulation by a Head of Department working within the enforcement function of the FCA,
where a warrant is issued on the basis of information given on behalf of the Commissioners or another supervisory authority, an officer of Revenue and Customs authorised in writing to exercise the powers under this regulation by an officer of Revenue and Customs of at least the grade of senior officer Section 70(13)
enhanced customer due diligence measures — the customer due diligence measures required under regulations 33 to 35;
“estate agent” has the meaning given by regulation 13(1);
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“external accountant” (except in regulation 31(4)) has the meaning given by regulation 11(c);
“financial institution” has the meaning given by regulation 10(2) Section 3(1)
estate — the aggregate of all the property to which that person is beneficially entitled Schedule 3A, paragraph 7(2)
estate — the aggregate of all property to which that person is beneficially entitled Schedule 3A, paragraph 8A(2)
estate agent — a firm or a sole practitioner, who, or whose employees, carry out estate agency work, when the work is being carried out Section 13(1)
excluded material — personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which is held subject—
to an express or implied undertaking to hold it in confidence; or
to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in, or made under, an Act passed after this Regulation Section 72(7)
executing officer — —
where a warrant is issued on the basis of information given on behalf of the FCA, or of a supervisory authority for which the FCA is acting, a constable,
where a warrant is issued on the basis of information given on behalf of the Commissioners, or of a supervisory authority for which the Commissioners are acting, an officer of Revenue and Customs Section 70(13)
external accountant — a firm or sole practitioner who by way of business provides accountancy services to other persons, when providing such services Section 11
external request — a request to the NCA for information by a foreign FIU which may be relevant for the purpose of the foreign FIU’s performance of FIU functions Schedule 6A, paragraph 1
FATF call for action country — a country named on the list of High-Risk Jurisdictions subject to a Call for Action published by the Financial Action Task Force as such list has effect from time to time Section 33(3)
financial institution — —
an undertaking, including a money service business, other than an institution referred to in paragraph (3), when the undertaking carries out one or more listed activity;
an authorised person (within the meaning of section 31 of FSMA), who has permission under Part 4A of FSMA to carry out or effect contracts of insurance, when carrying out or effecting any contract of long-term insurance other than a reinsurance contract (an “insurance undertaking”);
a person (other than a person falling within one of the exclusions to the definition of “investment firm” in article 3(1) of the Regulated Activities Order), whose regular occupation or business is the provision to other persons of an investment service or the performance of an investment activity on a professional basis, when—
providing investment services or performing investment activities (within the meaning of that article); or
bidding directly in auctions in accordance with the emission allowance auctioning regulation or the UK auctioning regulations on behalf of its clients;
a person falling within paragraph 1(k) of Part 1 of Schedule 3 to the Regulated Activities Order, when bidding directly in auctions in accordance with the… Section 10(2)
firm — any entity that, whether or not a legal person, is not an individual and includes a body corporate and a partnership or other unincorporated association Section 3(1)
FIU functions — the functions of a financial intelligence unit as set out in the fourth money laundering directive Schedule 6A, paragraph 1
Foreign authority — an authority in a territory which is not part of the United Kingdom which exercises functions referred to in paragraph (2) Section 67(6)
foreign competent authority — an authority in an EEA state other than the United Kingdom which has equivalent functions to those of a United Kingdom competent authority to which a foreign FIU may provide information in connection with its performance of FIU functions Schedule 6A, paragraph 1
foreign FIU — an authority in an EEA state other than the United Kingdom which performs FIU functions in that state Schedule 6A, paragraph 1
fourth money laundering directive — Directive 2015/849/EU of the European Parliament and of the Council of 20th May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , as amended by Directive 2018/843 of the European Parliament and of the Council of 30th May 2018 Section 3(1)
freeport — a warehouse or storage facility within an area designated by the Treasury as a special area for customs purposes pursuant to section 100A(1) of the Customs and Excise Management Act 1979 (designation of free zones) Section 14(1)
FSMA — the Financial Services and Markets Act 2000 Section 3(1)
funds transfer regulation — Regulation 2015/847/EU of the European Parliament and of the Council of 20th May 2015 on information accompanying transfers of funds ;
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“group” has the meaning given by section 421 (group) of FSMA ;
“high value dealer” has the meaning given by regulation 14(1)(a);
“independent legal professional” has the meaning given by regulation 12(1);
“insolvency practitioner” has the meaning given by regulation 11(b);
“law enforcement authority” has the meaning given by regulation 44(10);
“letting agent” has the meaning given by regulation 13(3);
“local weights and measures authority” has the meaning given by section 69 of the Weights and Measures Act 1985 (local weights and measures authorities) ;
“manager”, in relation to a firm, means a person who has control, authority or responsibility for managing the business of that firm, and includes a nominated officer Section 3(1)
high value dealer — a firm or sole trader who by way of business trades in goods (including an auctioneer dealing in goods), when the trader makes or receives, in respect of any transaction, a payment or payments in cash of at least £10,000 in total, whether the transaction is executed in a single operation or in several operations which appear to be linked Section 14(1)
independent legal professional — a firm or sole practitioner who by way of business provides legal or notarial services to other persons, when participating in financial or real property transactions concerning—
and, for this purpose, a person participates in a transaction by assisting in the planning or execution of the transaction or otherwise acting for or on behalf of a client in the transaction.
the buying and selling of real property or business entities;
the managing of client money, securities or other assets;
the opening or management of bank, savings or securities accounts;
the organisation of contributions necessary for the creation, operation or management of companies; or
the creation, operation or management of trusts, companies, foundations or similar structures Section 12(1)
insolvency practitioner — any firm or individual who acts as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 or article 3 of the Insolvency (Northern Ireland) Order 1989 (meaning of “act as insolvency practitioner”) Section 11
insolvent bank — either—
a bank as defined in section 2 (interpretation: “bank”) of the Banking Act 2009 that has entered into the procedure in Part 2 of that Act; or
a building society as defined in section 119 (interpretation) of the Building Societies Act 1986 that has entered into the procedure in Part 2 of the Banking Act 2009, as applied and modified by section 90C (application of bank insolvency and administration legislation to building societies) of the Building Societies Act 1986 Section 30ZA(5)
insolvent bank customer — any customer—
which the credit institution is reasonably satisfied was a customer of an insolvent bank at the insolvency date in respect of that insolvent bank; and
with whom the credit institution begins to establish a business relationship within the period of 30 days beginning with the insolvency date in respect of that insolvent bank Section 30ZA(5)
inter-cryptoasset business transfer — a transaction carried out by two or more cryptoasset businesses which involves the making available of a cryptoasset of an originator to a beneficiary, provided that at least one of the cryptoasset businesses involved in the transaction is carrying on business in the United Kingdom in respect of the transaction (whether that is a cryptoasset business acting for the originator or a cryptoasset business acting for the beneficiary or an intermediary cryptoasset business) Section 64B
intermediary cryptoasset business — a cryptoasset business which, in the course of an inter-cryptoasset business transfer—
is not acting for the originator or the beneficiary; and
receives and transmits a cryptoasset on behalf of a cryptoasset business Section 64B
justice — —
in England and Wales, a justice of the peace;
in Northern Ireland, a lay magistrate; or
in Scotland, a sheriff or summary sheriff Section 70(13)
letting agency work — work—
consisting of things done in response to instructions received from—
a person (a “prospective landlord”) seeking to find another person to whom to let land, or
a person (a “prospective tenant”) seeking to find land to rent, and
done in a case where an agreement is concluded for the letting of land—
for a term of a month or more, and
at a rent which during at least part of the term is, or is equivalent to, a monthly rent of £10,000 or more Section 13(4)
letting agent — a firm or sole practitioner who, or whose employees, carry out letting agency work, when carrying out such work Section 13(3)
listed activity — an activity listed in points 2 to 12, 14 and 15 of ... Schedule 2 Section 10(4)
markets in financial instruments directive — Directive 2014/65/EU of the European Parliament and of the Council of 15th May 2014 on markets in financial instruments Section 3(1)
markets in financial instruments regulation — Regulation (EU) 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments (as that Regulation forms part of domestic law under section 3 of the European Union (Withdrawal) Act 2018);
“money laundering” has the meaning given by section 340(11) of the Proceeds of Crime Act 2002 Section 3(1)
money — —
but does not include a cryptoasset; and
money in sterling,
money in any other currency, or
money in any other medium of exchange,
in sub-paragraphs (a), (b) and (c) of paragraph (1), “cryptoasset” includes a right to, or interest in, the cryptoasset Section 14A(3)
money service business — an undertaking which by way of business operates a currency exchange office, transmits money (or any representation of monetary value) by any means or cashes cheques which are made payable to customers Section 3(1)
nominated officer — a person who is nominated to receive disclosures under Part 3 (terrorist property) of the Terrorism Act 2000 or Part 7 (money laundering) of the Proceeds of Crime Act 2002 Section 3(1)
non-domestic PEP — a politically exposed person who is not a domestic PEP;
“enhanced risk factors”, in relation to a customer or potential customer who is a domestic PEP or a family member or a known close associate of that domestic PEP, mean risk factors other than the customer’s or potential customer’s position as a domestic PEP or as a family member or a known close associate of that domestic PEP Section 35(12)
notice — a notice in writing Section 3(1)
occasional transaction — a transaction which is not carried out as part of a business relationship;
“officer”, except in Part 8 and Schedule 5—
in relation to a body corporate, means—
a director, secretary, chief executive, member of the committee of management, or a person purporting to act in such a capacity, or
an individual who is a controller of the body, or a person purporting to act as a controller;
in relation to an unincorporated association, means any officer of the association or any member of its governing body, or a person purporting to act in such a capacity; and
in relation to a partnership, means a partner, and any manager, secretary or similar officer of the partnership, or a person purporting to act in such a capacity;
“ongoing monitoring” (except where the context otherwise requires) means at least the measures described in regulation 28(11);
“payment services” has the meaning given by regulation 2(1) of the Payment Services Regulations 2017;
“payment service provider” has the meaning given in regulation 2(1) of the Payment Services Regulations 2017;
“politically exposed person” or “PEP” has the meaning given by regulation 35(12) Section 3(1)
off-the-shelf firm — a firm that either—
does not carry on business; or
carries on business but such business is not the main activity carried on by the trust or company service provider Section 12(3)
officer — —
an officer of the FCA, including a member of the FCA's staff or an agent of the FCA;
an officer of Revenue and Customs; or
an employee or agent of a professional body listed in Schedule 1 who is authorised by the body to act on behalf of the body for the purposes of this Part;
a relevant officer Section 65(2)
old money laundering regulations — —
the Money Laundering Regulations 2007 ;
the Money Laundering (Amendment) Regulations 2007 ;
the Money Laundering (Amendment) Regulations 2011 ;
the Money Laundering (Amendment) Regulations 2012 ; and
the Money Laundering (Amendment) Regulations 2015 Section 110(5)
old transfer of funds regulations — the Transfer of Funds (Information on the Payer) Regulations 2007 Section 110(6)
originator — a person who owns a cryptoasset and allows a transfer of that cryptoasset Section 64B
other professional adviser — an auditor, external accountant or tax adviser who is a member of a professional body which is established for any such persons and which makes provision for—
testing the competence of those seeking admission to membership of such a body as a condition for such admission; and
imposing and maintaining professional and ethical standards for its members, as well as imposing sanctions for non-compliance with those standards Section 31(4)
outsourcing service provider — a person who—
performs a process, a service or an activity that would otherwise be undertaken by the relevant person, and
is not an employee of the relevant person Section 39(8)
overseas authority — —
an authority responsible for any of the functions provided for in the fourth money laundering directive in an EEA state ... in which the relevant person is established or has its head office; and
where the relevant person is established or has its head office in another country which is not an EEA state, an authority in that country which has equivalent functions to any of the functions provided for in the fourth money laundering directive Section 50(4)
overseas authority — —
an authority responsible for any of the functions provided for in the funds transfer regulation in an EEA state ... in which the payment service provider is established or has its head office; and
where the payment service provider is established or has its head office in another country which is not an EEA state, an authority in that country which has equivalent functions to any of the functions provided for in the funds transfer regulation Section 63(10)
PEP — an individual who is entrusted with prominent public functions, other than as a middle-ranking or more junior official;
“family member” of a politically exposed person includes—
a spouse or civil partner of the PEP;
children of the PEP and the spouses or civil partners of the PEP's children;
parents of the PEP;
“known close associate” of a PEP means—
an individual known to have joint beneficial ownership of a legal entity or a legal arrangement or any other close business relations with a PEP;
an individual who has sole beneficial ownership of a legal entity or a legal arrangement which is known to have been set up for the benefit of a PEP Section 35(12)
permission — any permission that the authorised person has, whether given (or treated as given) under Part 4A of FSMA ;
“regulated activity” has the meaning given by section 22 of FSMA ) Section 77(3)
premises — any building or other structure, including a moveable structure, other than premises used only as a dwelling Section 65(1)
proliferation financing — the act of providing funds or financial services for use, in whole or in part, in the manufacture, acquisition, development, export, trans-shipment, brokering, transport, transfer, stockpiling of, or otherwise in connection with the possession or use of, chemical, biological, radiological or nuclear weapons, including the provision of funds or financial services in connection with the means of delivery of such weapons and other CBRN-related goods and technology, in contravention of a relevant financial sanctions obligation Section 16A(9)
provider of gambling services — a person who by way of business provides facilities for gambling within the meaning of section 5 of the Gambling Act 2005 (facilities for gambling) Section 16(4)
radiological weapon — a device designed to cause destruction, damage or injury by means of the radiation produced by the decay of radioactive material Section 16A(10)
registered cryptoasset business — a cryptoasset exchange provider or a custodian wallet provider which is included in the register maintained by the FCA under regulation 54(1A) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 Schedule 6B, paragraph 2
registered cryptoasset business — a cryptoasset exchange provider or a custodian wallet provider which is included in the register maintained by the FCA under regulation 54(1A) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 Schedule 6B, paragraph 4
registered cryptoasset business — a cryptoasset exchange provider which is included in the register maintained by the FCA under regulation 54(1A) Schedule 6B, paragraph 5
registered cryptoasset business — a cryptoasset exchange provider or a custodian wallet provider which is included in a register maintained by the FCA under regulation 54(1A) Section 59(8)
registering authority — —
the FCA, in relation to—
those relevant persons which it is required to register under regulation 54(1) or (1A); and
those relevant persons it decides to register under regulation 55(1);
the Commissioners, in relation to—
those relevant persons which they are required to register under regulation 54(2); and
those relevant persons they decide to register under regulation 55(3) Section 53
registrar — —
in relation to information delivered to the registrar under Part 1 (registration of overseas entities) of the Economic Crime (Transparency and Enforcement) Act 2022, the registrar of companies for England and Wales;
in relation to information delivered to the registrar under any other enactment, the registrar referred to in section 1060(3) (the registrar) of the Companies Act 2006 Section 28(9A)
Regulated Activities Order — the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Section 10(4)
relevant account — an account, consisting only of a sum of money, held with an authorised Part 4A person carrying on by way of business the activity specified in article 5 (accepting deposits) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Schedule 3A, paragraph 6A(2)
relevant authority — —
another supervisory authority;
the Treasury;
any law enforcement authority;
an overseas authority, within the meaning of regulation 50(4);
the Secretary of State for purposes connected with the effective exercise of his or her functions under enactments relating to companies, audit and insolvency;
the registrar of companies within the meaning of section 1060(3) of the Companies Act 2006;
the investigator appointed under section 84 of the Financial Services Act 2012 in relation to the complaints scheme, within the meaning of that section Section 52(5)
relevant date — —
in a case falling within regulation 95, the date the Commissioners received notification accepting the offer of a review from P; or
in a case falling within regulation 97, the date on which the Commissioners decided to undertake the review Section 98(7)
relevant financial sanctions obligation — a prohibition or requirement in regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 and imposed for one or more of the purposes in section 3(1) or (2) of that Act so far as it relates to compliance with a relevant UN obligation Section 16A(10)
relevant information — information the NCA possesses in connection with its performance of FIU functions which it considers relevant to an external request Schedule 6A, paragraph 1
relevant officer — —
acting pursuant to arrangements made with the FCA or with the Commissioners for the purposes of these Regulations.
in Great Britain, an officer of a local weights and measures authority;
in Northern Ireland, an officer of the Department for the Economy Section 65(2)
relevant officer — —
acting pursuant to arrangements made with the FCA or with the Commissioners for the purposes of these Regulations.
in Great Britain, an officer of a local weights and measures authority;
in Northern Ireland, an officer of the Department for the Economy Section 87(10)
relevant parent undertaking — a relevant person which is a parent undertaking Section 3(1)
relevant period — —
the period of 30 days referred to in regulation 95(1)(b); or
in the case where one or more notices have already been given under paragraph (1) the period as extended (or as most recently extended) in accordance with paragraph (2) Section 96(4)
relevant person — a person to whom, in accordance with regulation 8, Parts 1 to 6 , 7A and 8 to 11 of these Regulations apply;
“relevant requirement” has the meaning given by regulation 75 Section 3(1)
relevant requirement — —
a requirement imposed by the funds transfer regulation specified—
in relation to a payment service provider of a payer, in paragraph 2;
in relation to a payment service provider of a payee, in paragraph 3;
in relation to the payment service provider of an intermediary, in paragraph 4.
a requirement imposed (otherwise than on supervisory authorities, registering authorities or auction platforms) in or under the regulations specified in paragraphs 5 to 13;
the following requirements imposed on auction platforms—
the customer due diligence requirements in regulation 17 of the UK auctioning regulations;
the monitoring and record keeping requirements of regulation 37 of the UK auctioning regulations; or
the requirements imposed in regulations 18 to 21 or 24 of these Regulations;
any requirement imposed under regulations 66, 69(2), 70(7), 77(2) and (6) or 78(2) or (5) of these Regulations Schedule 6, paragraph 1
relevant supervised person — —
a relevant person; or
a person who is subject to requirements in national legislation having an equivalent effect to those laid down in the fourth money laundering directive on an obliged entity (within the meaning of that directive) and supervised for compliance with those requirements in a manner equivalent to section 2 of Chapter VI of the fourth money laundering directive Schedule 3A, paragraph 24
relevant transaction — a transaction in relation to which the relevant person is required to apply customer due diligence measures under regulation 27;
being “established in” a country means—
in the case of a legal person, being incorporated in or having its principal place of business in that country, or, in the case of a financial institution or a credit institution, having its principal regulatory authority in that country; and
in the case of an individual, being resident in that country, but not merely having been born in that country Section 33(3)
relevant transaction — a transaction in relation to which the relevant person is required to apply customer due diligence measures under regulation 27 Section 43(9)
relevant transaction — a transaction in relation to which the relevant person is required to apply customer due diligence measures under regulation 27 Section 44(4)
relevant UN obligation — an obligation that the UK has by virtue of a resolution adopted by the Security Council of the United Nations which relates to the prevention, suppression and disruption of the proliferation of weapons of mass destruction and the financing of such;
“technology” has the meaning given by paragraph 37 of Schedule 1 to the Sanctions and Anti-Money Laundering Act 2018 Section 16A(10)
screening — an assessment of—
the skills, knowledge and expertise of the individual to carry out their functions effectively;
the conduct and integrity of the individual;
a relevant employee is an employee whose work is—
relevant to the relevant person's compliance with any requirement in these Regulations, or
otherwise capable of contributing to the—
identification or mitigation of the risks of money laundering, terrorist financing and proliferation financing to which the relevant person's business is subject, or
prevention or detection of money laundering, terrorist financing and proliferation financing in relation to the relevant person's business Section 21(2)
segregating entity — —
an authorised person;
a clearing member of a recognised central counterparty;
a participant in a designated system;
a designated system; or
a recognised body Schedule 3A, paragraph 10(2)
self-regulatory organisation — one of the professional bodies listed in Schedule 1 to these Regulations Section 3(1)
senior management — an officer or employee of the relevant person with sufficient knowledge of the relevant person's money laundering, terrorist financing and proliferation financing risk exposure, and of sufficient authority, to take decisions affecting its risk exposure;
.. Section 3(1)
sensitive processing — the processing of personal data described in Article 9(1) or 10 of the UK GDPR (special categories of personal data and personal data relating to criminal convictions and offences etc) Section 41(9)
shell bank — a credit institution or financial institution, or an institution engaged in equivalent activities to those carried out by credit institutions or financial institutions, incorporated in a jurisdiction in which it has no physical presence involving meaningful decision-making and management, and which is not part of a financial conglomerate or third-country financial conglomerate;
in sub-paragraph (b), “financial conglomerate” and “third-country financial conglomerate” have the meanings given by regulations 1(2) and 7(1) respectively of the Financial Conglomerates and Other Financial Groups Regulations 2004 Section 34(4)
specified — specified in the direction Section 25(14)
specified disclosure obligations — —
disclosure obligations set out in Articles 17 and 19 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16th April 2014 on market abuse ;
disclosure obligations imposed as a result of rules made by the FCA by virtue of regulation 14 of the Public Offers and Admissions to Trading Regulations 2024;
disclosure obligations consistent with the requirements in sections 4 and 5.5 of, and rules 6.1.1 to 6.1.15 in, the Disclosure Guidance and Transparency Rules source book made by the FCA under section 89A of FSMA as those rules have effect on IP completion day; and
...
“specified investment cryptoasset” has the meaning given by article 3 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (interpretation) Section 3(1)
specified interest — a vested interest which is—
in possession or in remainder or reversion (or in Scotland, in fee); and
defeasible or indefeasible Section 6(5)
specified investment cryptoasset firm — an authorised person who—
has permission under Part 4A of FSMA to carry on a regulated activity other than one specified by Chapter 2B (cryptoassets) of Part 2 (specified activities) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, and
carries on activity under that permission in relation to specified investment cryptoassets;
“supervisory authority” in relation to—
any relevant person, means the supervisory authority specified for such a person by regulation 7;
any payment service provider, means the transfer of funds supervisory authority Section 3(1)
supervisory functions — the functions given to a supervisory authority under these Regulations;
“tax adviser” (except in regulation 31(4)) has the meaning given by regulation 11(d);
“telecommunication, digital and IT payment service provider” has the meaning given by regulation 53 Section 3(1)
tax adviser — a firm or sole practitioner who by way of business provides material aid, or assistance or advice, in connection with the tax affairs of other persons, whether provided directly or through a third party, when providing such services Section 11
telecommunication, digital and IT payment service provider — an undertaking which provides payment services consisting of the execution of payment transactions where the consent of the payer to execute a payment transaction is given by means of any telecommunication, digital or IT device and the payment is made to the telecommunication, IT system or network operator acting only as an intermediary between the payment service user and the supplier of the goods and services (and terms used in this definition which are defined in the Payment Services Regulations 2017 have the meanings given in those Regulations) Section 53
terrorist financing — (except where the context otherwise requires) an act which constitutes an offence under—
section 15 (fund-raising), 16 (use and possession), 17 (funding arrangements), 18 (money laundering) or 63 (terrorist finance: jurisdiction) of the Terrorism Act 2000 ;
paragraph 7(2) or (3) of Schedule 3 (freezing orders: offences) to the Anti-terrorism, Crime and Security Act 2001 ;
regulations 8 to 13, 25 or 26 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 or regulations 11 to 16 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019;; or
any of regulations 11 to 16 of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019;
.. Section 3(1)
the 2000 Act — the Terrorism Act 2000 Schedule 6A, paragraph 1
the 2002 Act — the Proceeds of Crime Act 2002 Schedule 6A, paragraph 1
the Capital Requirements Directive — Directive 2013/36/EU of the European Parliament and of the Council of 26th June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms ;
in sub-paragraph (3)—
after “Capital Requirements Regulation” insert “ , the Capital Requirements Directive Schedule 7, Part 1, paragraph 4(10)
the Capital Requirements Directive — Directive 2013/36/EU of the European Parliament and of the Council of 26th June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms ;
at the end of the definition of “the Capital Requirements Regulation insert “ of 26th June 2013 on prudential requirements for credit institutions and investment firms Schedule 7, Part 1, paragraph 6(8)
the capital requirements regulation — Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms Section 3(1)
the Commissioners — the Commissioners for Her Majesty's Revenue and Customs Section 3(1)
the emission allowance auctioning regulation — Commission Regulation (EU) No 1031/2010 of 12th November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community ;
“enactment” includes—
an enactment contained in subordinate legislation;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales; and
an enactment contained in, or in an instrument made under, Northern Ireland legislation Section 3(1)
the FCA — the Financial Conduct Authority;
“beneficial owner”—
in the case of a body corporate or partnership, has the meaning given by regulation 5;
in the case of a trust or similar arrangement, or the estate of a deceased person in the course of administration, has the meaning given by regulation 6;
in any other case, has the meaning given by regulation 6(9);
“body corporate”—
includes—
a body corporate incorporated under the laws of the United Kingdom or any part of the United Kingdom, and
a body corporate constituted under the law of a country or territory outside the United Kingdom;
but does not include—
a corporation sole, or
a partnership that, whether or not a legal person, is not regarded as a body corporate under the law by which it is governed Section 3(1)
the NCA — the National Crime Agency Section 3(1)
the PRA — the Prudential Regulation Authority;
“PRA-authorised person” has the meaning given by section 2B(5) of FSMA ;
“proliferation financing” has the meaning given by regulation 16A(9);
“regulated activity” has the meaning given by section 22 of FSMA (regulated activities);
“regulated market”—
within the United Kingdom, means a UK regulated market, as defined by Article 2(1)(13A) of the markets in financial instruments regulation; and
outside the United Kingdom, means—
within the EEA, an EU regulated market, as defined by Article 2(1)(13B) of the markets in financial instruments regulation; or
outside the EEA, a regulated financial market which subjects companies whose securities are admitted to trading to disclosure obligations which are equivalent to the specified disclosure obligations Section 3(1)
the register — —
in relation to a customer which is of the type described in paragraph (1)(a), the register within the meaning of section 1080(2) of the Companies Act 2006;
in relation to a customer which is a firm of a type described in paragraph (1)(b) to (d), the records of information mentioned in section 1080(1)(a) of the Companies Act 2006 relating to such firm;
in relation to a customer which is an overseas entity of a type described in paragraph (1)(f), the register referred to in section 3(1) of the Economic Crime (Transparency and Enforcement) Act 2022 Section 30A(9)
third country — a state other than the United Kingdom Section 3(1)
third country entity — a body corporate, partnership or other entity that—
is governed by the law of a country or territory other than the United Kingdom and (in each case) is a legal person under that law, and
is not subject to national legislation having a broadly equivalent effect to the requirements laid down in Article 30 of the fourth money laundering directive Section 42(6)
transfer of funds supervisory authority — the supervisory authority specified for payment service providers in regulation 62;
“trust or company service provider” has the meaning given in regulation 12(2) Section 3(1)
tribunal — the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal Section 65(1)
trust or company service provider — a firm or sole practitioner who by way of business provides any of the following services to other persons, when that firm or practitioner is providing such services—
forming a firm;
selling an off-the-shelf firm;
acting, or arranging for another person to act—
as a director or secretary of a company;
as a partner of a partnership; or
in a similar capacity in relation to other legal persons;
providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or legal arrangement;
acting, or arranging for another person to act, as—
a trustee of an express trust or similar legal arrangement; or
a nominee shareholder for a person other than a company whose securities are listed on a regulated market Section 12(2)
UK auctioning regulations — the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021;
“the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act) Section 3(1)
UK regulated market — a recognised investment exchange within the meaning of section 285(1)(a) of FSMA, which is not an overseas investment exchange within the meaning of section 313(1) of FSMA Section 3(1)
unhosted wallet — software or hardware that enables a person to store and transfer a cryptoasset on their own behalf, and in relation to which a private cryptographic key is administered by that person Section 64B
unhosted wallet transfer — the transfer of a cryptoasset either—
with a view to making the cryptoasset available to the beneficiary;
by an originator from an unhosted wallet to the cryptoasset business of a beneficiary, or
by the cryptoasset business of the originator to the unhosted wallet of a beneficiary Section 64B
unique transaction identifier — the combination of letters, numbers or symbols determined by a cryptoasset business which permits the traceability of the transaction from the originator to the beneficiary Section 64B
United Kingdom competent authority — any authority other than the NCA concerned in the prevention, investigation, detection or prosecution of criminal offences contained in Part 7 (money laundering) of the 2002 Act or Part 3 (terrorist property) of the 2000 Act, and any supervisory authority, to which the NCA disseminates information in its performance of FIU functions Schedule 6A, paragraph 1
verify — verify on the basis of documents or information in either case obtained from a reliable source which is independent of the person whose identity is being verified;
documents issued or made available by an official body are to be regarded as being independent of a person even if they are provided or made available to the relevant person by or on behalf of that person Section 28(18)
work of art — anything which, in accordance with section 21(6) to (6B) of the Value Added Tax Act 1994 (value of imported goods) , is a work of art for the purposes of section 21(5)(a) of that Act Section 14(1)
working day — any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom Section 64B