26/09/24

UK : FCA warns of insufficient oversight in AML efforts

The FCA has raised concerns about insufficient oversight within the City of London, hindering efforts to address the flow of illicit funds through the UK as reported in thepaypers.com today

According to a recent FCA report, some of the 25 professional bodies responsible for supervising these sectors are spending as little as GBP 73 per year on anti-money laundering (AML) measures, with some delegating the responsibility to third parties.

The report, issued by the FCA’s Office for Professional Body AML Supervision (OPBAS), identified ‘weaknesses’ in the use of enforcement powers by professional bodies, resulting in a decline in the issuance of fines against members who may have violated AML regulations. Furthermore, the bodies are not consistently sharing vital information with authorities, which the report suggests is limiting efforts to tackle the movement of illicit funds within the UK.

Since its establishment in 2017, OPBAS has been tasked with monitoring the AML work of over two dozen professional bodies, including the Law Society and the Chartered Institute of Management Accountants, among others. Despite continuous efforts over the past six years, the FCA highlighted that the desired progress has yet to be seen. The latest review sampled nine unnamed professional groups and found that none were fully effective in all areas of AML supervision.

The report also pointed out a reduction in the number and value of fines imposed by these bodies, with fines totalling GBP 640,781 in the 2022-23 fiscal year, down from GBP 940,728 the year before. The FCA interpreted this decline as an indication that the supervisory bodies are not fully using their enforcement capabilities.

FCA officials stated that while OPBAS has taken steps to address identified failings, progress across the board remains uneven. Earlier this year, the issue of illicit financial flows through the UK came into focus when former deputy foreign secretary Andrew Mitchell highlighted that nearly 40% of the world’s dirty money passes through the City of London and the UK’s crown dependencies.

While OPBAS lacks the authority to levy fines or directly sanction professional bodies, it can recommend restrictions on their AML supervisory activities or suggest that the government revoke their supervisory status. A Treasury spokesperson reaffirmed the government’s commitment to combating money laundering in collaboration with OPBAS, emphasising ongoing efforts to reform the UK’s AML and counter-terrorism financing frameworks.