Money Laundering Policy

The Society is mindful of the rights and obligations established by the requirements of the UK anti-money laundering and anti-facilitation of tax evasion regime set out in The Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, The Proceeds of Crime Act 2002 and its amendments, the Criminal Finance Act 2017   and The Terrorism Act 2000 and its amendments, in relation to the identification, prevention and reporting of money laundering acts.

The Society’s Travel business operates foreign exchange services, enabling members of the public to change cash from one currency to another. This is a valuable service to our customers travelling on holiday who require the correct currency abroad. However, it is also an area targeted by organised criminals to launder cash. In some circumstances, it can also be used by criminals to avoid paying tax on goods or services in the UK or abroad. It is vital that all colleagues are alert to these risks and that our controls are consistently applied to prevent criminals using our services unlawfully.

The guidelines in this Policy should be read in conjunction with the Guidance to Branches: processing and reporting transactions which details the requirements and reporting procedures under the legislation.

For the Guidance, as well as the Policy and other relevant documents and forms, see the “Who to contact” section.

 

1. Policy Statement

1.1. The Society is committed to ensuring that it has appropriate controls in place to adhere to, and remain compliant at all times, with the relevant anti-money laundering and anti-facilitation of tax evasion legislation in the UK, including but not limited to The Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, The Proceeds of Crime Act 2002, and its amendments, the Criminal Finance Act 2017 and The Terrorism Act 2000 and its amendments.

1.2. The Society is also committed to ensuring that it remains compliant with HMRC’s registration requirements – HMRC is the supervisory body for most “Money Service Businesses” under the Money Laundering Regulations.

 The Society operates approximately 65 Travel outlets with a foreign exchange service. These are  Money Service Business and are registered with HMRC for supervision. 

 

2. Applicability

2.1 The Policy applies equally to full-time and part-time colleagues on a substantive or fixed term contract, and to any associated persons who work for the Society such as agency staff and others employed under a contract of service.

 

2.2 It is important that all colleagues who work at a Travel branch with a foreign exchange desk are familiar with this Policy and the Guidance for Branches – Processing and Reporting FX and Cash Transactions. Failure to adhere to it could result in disciplinary action being taken.

 

3. Definition of Money Laundering

3.1.Money laundering describes offences involving the integration of the proceeds of crime, or terrorist funds, into the mainstream economy. These offences are defined, under the Proceeds of Crime Act 2002, as the following prohibited acts:

3.1.1. Concealing, disguising, converting, transferring or removing criminal property from the UK

3.1.2. Becoming involved in a transaction or act which an individual knows, or suspects, facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person

3.1.3. Acquiring, using or possessing criminal property

3.2.Equally, it is a criminal offence to do any of the following:

3.2.1. Doing something that might prejudice an investigation e.g. falsifying a document

3.2.2. Failing to disclose any of the offences listed above, where there are reasonable grounds for knowledge or suspicion

3.2.3. Tipping off a person who is suspected of being involved in money laundering in such a way that prejudices an investigation.

 

 

4. Requirements of the UK Money Laundering Legislation

4.1.The main requirements of the legislation are:

4.1.1. To appoint a Money Laundering Reporting Officer (“MLRO”)

4.1.2. To maintain appropriate customer identification procedures; these are commonly known as “Know Your Customer”, or KYC – the essential elements to identify a customer are the customer’s full name, residential address, DOB and original (not photocopies, unless certified) ID document (passport or valid photo card driving licence). Branches should refer to the “Guidance to Branches: processing and reporting transactions” for additional details.

4.1.3. To implement a procedure to enable the reporting of suspicious transactions – the Society has put in place a “Money Laundering Reporting Form” for Branches to report all cash and foreign exchange transactions of  £5,000 and over. Branches should refer to the “Guidance to Branches: processing and reporting transactions” for additional details.

For the avoidance of doubt, the “Money Laundering Reporting Form” should be completed for any cash transaction and all foreign exchange transactions in travel of £5,000 or more.

The Society’s MLRO is also responsible to report suspicious transactions to the National Crime Agency (“NCA”).

4.1.4. To maintain appropriate record-keeping procedures – The Society ensures that the risk of money laundering and terrorist financing through its businesses is controlled, assessed and managed by quarterly monitoring and scrutinising all cash and foreign exchange transactions of £5,000 and over effected within its branches against the Money Laundering Reporting Forms received from Branches.

In addition, any suspicious Post Office transactions are directly reported to Post Office Limited (the Society acts as an agent-only agreement).

The Society has an obligation to retain all records for a period of five years. Subsequently, these records will be disposed of securely, in line with the Society’s Data Retention & Disposal Policy. 

 

5. Requirements of HMRC

5.1. In compliance with HMRC’s registration requirements, the Society ensures that:

5.1.1. all directors and relevant individuals holding a management function complete the “Fit & Proper” test; these are renewed on a yearly basis

5.1.2. all relevant premises are registered with HMRC

5.1.3. on-going training is provided for all relevant colleagues to ensure they are aware of the applicable legislation, their obligations in terms of carrying out appropriate KYC (see the “Guidance to Branches: processing and reporting transactions” for additional details) and reporting to the MLRO all Foreign exchange or cash transactions of  £5,000 and over.

 

6. Renewal

6.1.This Policy will be reviewed on a regular basis by the Society’s MLRO, and updated as and when required by changes in the relevant legislation.

 

7. Who to contact

7.1.If you have any additional questions regarding this Policy, you should contact the Travel group’s management in the first instance: Richard Simpson, Compliance & Governance Manager or complete the Money Laundering reporting form.

7.2.Alternatively, you can contact the Society’s MLRO (Sean McGovern, Senior Legal Counsel) at: money-laundering@midcounties.coop

  

Document name:	Money Laundering Policy	Date of last review:	June 2021
Policy Owner	Secretariat	Issue number:	PSG-MLRO-002