Recommendations & Conclusions
31 items
1
Conclusion
Eleventh Report - Economic Crime
Acknowledged
The growth in economic crime and fraud is constantly evolving and poses a challenge to Government. There is no “silver bullet” solution. Government must work across departments, regulatory bodies and law enforcement agencies to address all aspects of the problem. A plan to co-ordinate this work, such as the existing …
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The growth in economic crime and fraud is constantly evolving and poses a challenge to Government. There is no “silver bullet” solution. Government must work across departments, regulatory bodies and law enforcement agencies to address all aspects of the problem. A plan to co-ordinate this work, such as the existing Economic Crime Plan, is a sensible approach. However, it can only work if there is extensive co-ordination at all levels, from Ministers to those on the ground who are enforcing the law. This might be simpler if a single Government Department or agency had responsibility for all policy aspects.
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Government response AI summary
The government acknowledges the need for a comprehensive and coordinated response to economic crime, highlighting the role of the Home Office and HM Treasury in leading the Economic Crime Plan and the importance of the National Economic Crime Centre.
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HM Treasury
4
Conclusion
Eleventh Report - Economic Crime
Acknowledged
The Economic Crime Plan is for the period 2019 to 2022, and this year there is an opportunity for the Government to review how well the Plan has operated, its strengths, and its failings. It should be adapted as necessary and renewed for a further three years. We expect that …
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The Economic Crime Plan is for the period 2019 to 2022, and this year there is an opportunity for the Government to review how well the Plan has operated, its strengths, and its failings. It should be adapted as necessary and renewed for a further three years. We expect that the Government will use the opportunity to push harder and act faster to reduce fraud and economic crime across a range of policy areas.
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Government response AI summary
The government acknowledges the opportunity to review the Economic Crime Plan and will evaluate its strengths and weaknesses to inform the development of the second iteration, focusing on measurable outcomes.
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HM Treasury
6
Conclusion
Eleventh Report - Economic Crime
Acknowledged
Spending on economic crime needs to be sufficient to meet the challenge. The Economic Crime Levy is intended to bring in a useful amount of additional funding to support the fight against economic crime. We welcome the design of the Levy, as it is simple and excludes the vast majority …
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Spending on economic crime needs to be sufficient to meet the challenge. The Economic Crime Levy is intended to bring in a useful amount of additional funding to support the fight against economic crime. We welcome the design of the Levy, as it is simple and excludes the vast majority of regulated businesses. However, spending on anti-money laundering should match the need and should not be limited by the yield of the Levy alone.
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Government response AI summary
The government recognizes the need for increased spending to tackle economic crime, highlighting the Economic Crime Levy, funding announced at last year's Spending Review, reforms set out in the Economic Crime Plan, Companies House reform, and support for the FATF.
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HM Treasury
8
Recommendation
Eleventh Report - Economic Crime
Acknowledged
We recommend that the Government provides a breakdown of how the additional funding allocated to the Home Office in the Spending Review for fighting economic crime will be spent, and how much of that funding will reach crime-fighting agencies. The financial resources being brought to bear on the problem are …
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We recommend that the Government provides a breakdown of how the additional funding allocated to the Home Office in the Spending Review for fighting economic crime will be spent, and how much of that funding will reach crime-fighting agencies. The financial resources being brought to bear on the problem are fragmented and modest when compared to the losses attributed to fraudulent activity. Given the scale of the problem and the speed at which it is growing, we remain to be convinced that this extra resource will enable a sufficient response in the absence of a substantial reform of the anti-fraud infrastructure.
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Government response AI summary
The government acknowledges the recommendation, outlining a sustainable funding model including the Spending Review settlement and Economic Crime Levy, and providing general allocations of around £100 million to tackling fraud by the Home Office up until 2025.
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HM Treasury
15
Recommendation
Eleventh Report - Economic Crime
Acknowledged
The Government should consider whether online platforms and social media companies should be required to do Know Your Customer checks on their advertisers, to make it more difficult for fraudsters to promote themselves.
Government response AI summary
The government agrees that understanding who is publishing material is important and will continue to engage with the FCA on this issue and consider the evidence for requiring platforms to conduct KYC checks on their advertisers.
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HM Treasury
16
Recommendation
Eleventh Report - Economic Crime
Acknowledged
We welcome the steps taken by certain online firms to take a clearer line in facilitating access to their platforms only for financial promotions placed by entities which are authorised by the FCA. We urge other online companies which have not made such commitments to follow suit.
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We welcome the steps taken by certain online firms to take a clearer line in facilitating access to their platforms only for financial promotions placed by entities which are authorised by the FCA. We urge other online companies which have not made such commitments to follow suit.
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Government response AI summary
The government welcomes the steps taken by firms and the suggestion that OFCOM might include recommendations that platforms check the identities of those wishing to publish adverts on their platforms, and look forward to working closely with OFCOM as it develops the Codes.
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HM Treasury
17
Recommendation
Eleventh Report - Economic Crime
Acknowledged
The Government should not allow online companies to ignore legislation designed to protect consumers from harm. The Government should ensure that financial services advertising regulations apply also to online companies, and that the FCA has the necessary powers to effectively enforce the regulations.
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The Government should not allow online companies to ignore legislation designed to protect consumers from harm. The Government should ensure that financial services advertising regulations apply also to online companies, and that the FCA has the necessary powers to effectively enforce the regulations.
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Government response AI summary
The government has clarified its view on existing regulation and notes that Google has put in place a new financial services verification policy. It welcomes the amendments to the Online Safety Bill, which will mean that platforms and social media companies are subject to clear …
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HM Treasury
19
Conclusion
Eleventh Report - Economic Crime
Acknowledged
We recognise that placing a responsibility on online companies to reimburse consumers who are victims of online fraud could rapidly transform their approach to fraud. Any move to force online firms to compensate victims of fraud should not be to the detriment of the outcomes for consumers already achieved through …
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We recognise that placing a responsibility on online companies to reimburse consumers who are victims of online fraud could rapidly transform their approach to fraud. Any move to force online firms to compensate victims of fraud should not be to the detriment of the outcomes for consumers already achieved through the compensation banks and other financial institutions pay. The consumer should see no loss of speed or amount in repayment.
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Government response AI summary
The Government notes the recommendation and understands that the Joint Committee on the Online Safety Bill has recommended both the creation of an Online Safety Ombudsman to provide recourse to redress where failure to comply with the provisions of the Bill lead to significant, demonstrable …
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HM Treasury
20
Recommendation
Eleventh Report - Economic Crime
Acknowledged
We recommend that the Government seriously consider whether online companies should be required to contribute compensation when fraud is conducted using their platforms.
Government response AI summary
The government notes the recommendation and is happy to discuss any ideas for redress models which the Government or other regulators would like to develop.
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HM Treasury
24
Conclusion
Eleventh Report - Economic Crime
Acknowledged
The work of the Payment Systems Regulator to improve the Contingent Reimbursement Model Code is welcome, as is the Government’s confirmation that it will introduce any necessary legislation to that end. Together, these steps will help improve consumer outcomes and reduce fraud.
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The work of the Payment Systems Regulator to improve the Contingent Reimbursement Model Code is welcome, as is the Government’s confirmation that it will introduce any necessary legislation to that end. Together, these steps will help improve consumer outcomes and reduce fraud.
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Government response AI summary
The government welcomes the Committee's recognition of their work on the Contingent Reimbursement Model (CRM) Code and expresses support for making the code mandatory.
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HM Treasury
25
Conclusion
Eleventh Report - Economic Crime
Acknowledged
However, the pace of change has been very slow against a background of growing fraud, which should have prompted greater urgency. The super-complaint was made in 2016, and the previous Treasury Committee called for the Contingent Reimbursement Model Code to be made mandatory in 2019. Since then, nearly three years …
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However, the pace of change has been very slow against a background of growing fraud, which should have prompted greater urgency. The super-complaint was made in 2016, and the previous Treasury Committee called for the Contingent Reimbursement Model Code to be made mandatory in 2019. Since then, nearly three years have passed, during which time authorised push payment fraud has increased, causing significant harm. The Payment Systems Regulator’s ‘Call for views’ was published in February 2021 and, although there is now a clear intention to make reimbursement mandatory, another year has been lost.
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Government response AI summary
The government recognizes the need to stop fraud and reduce APP scams, stating they published a call for views and are considering measures like requiring PSPs to publish comparative data, improving intelligence sharing, and making reimbursement mandatory.
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HM Treasury
28
Recommendation
Eleventh Report - Economic Crime
Acknowledged
We recommend that the PSR supplies a report to our Committee on progress in the implementation of Phase 2 by the end of 2022.
Government response AI summary
The government would welcome the opportunity to provide the Committee with a progress report by the end of 2022.
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HM Treasury
29
Recommendation
Eleventh Report - Economic Crime
Acknowledged
Improving data-sharing between banks is one of the measures which the PSR is implementing as part of its reform of the CRM Code. The Treasury should be ready to bring forward any legislation which is needed to enable this, and the PSR should ensure that banks act quickly in putting …
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Improving data-sharing between banks is one of the measures which the PSR is implementing as part of its reform of the CRM Code. The Treasury should be ready to bring forward any legislation which is needed to enable this, and the PSR should ensure that banks act quickly in putting in place the necessary changes. (Paragraph 125) Anti-money laundering
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Government response AI summary
A joint industry working group is assessing the specific information that could be shared to improve intelligence sharing between PSPs about the risks of payments, with high level proposals by the end of May 2022.
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HM Treasury
30
Conclusion
Eleventh Report - Economic Crime
Acknowledged
The National Crime Agency is right to focus on Suspicious Activity Reports as a priority, and we welcome the much-needed investment in new IT systems and the plans for increasing staff and analytical capacity. The SARs reform programme is likely to improve anti-money laundering systems and the ability of law …
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The National Crime Agency is right to focus on Suspicious Activity Reports as a priority, and we welcome the much-needed investment in new IT systems and the plans for increasing staff and analytical capacity. The SARs reform programme is likely to improve anti-money laundering systems and the ability of law enforcement Economic Crime 75 agencies to handle large numbers of SARs quickly and effectively, so as to make full use of them in the fight against economic crime and organised crime more generally.
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Government response AI summary
The government highlights the Economic Crime (Anti-Money Laundering) Levy and funding for SARs reform, increasing intelligence capabilities, and law enforcement investigative capacity, but does not directly address the Committee's conclusion.
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HM Treasury
31
Conclusion
Eleventh Report - Economic Crime
Acknowledged
It is, however, disappointing that the SARs reform programme is not yet complete and that no timetable or target date for its completion has been published.
Government response AI summary
The government acknowledges the need for increased spending to tackle economic crime, pointing to the Economic Crime Levy, funding announced at last year's Spending Review, reforms set out in the Economic Crime Plan, Companies House reform, and support for the FATF as examples of efforts …
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HM Treasury
33
Conclusion
Eleventh Report - Economic Crime
Acknowledged
But the SARs reform programme is not an end in itself—it can only deliver change if the law enforcement agencies have the ongoing capacity and funding to tackle the criminal activity indicated by SARs. Responsibility lies with the Government to make available all the resources needed by the Home Office, …
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But the SARs reform programme is not an end in itself—it can only deliver change if the law enforcement agencies have the ongoing capacity and funding to tackle the criminal activity indicated by SARs. Responsibility lies with the Government to make available all the resources needed by the Home Office, regulators and crime- fighting agencies if they are to have any meaningful impact on criminal activity indicated by SARs.
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Government response AI summary
The government says it has a sustainable funding model to tackle economic crime but the structure means it is challenging to track the exact total of how much is being spent by the public sector to tackle economic crime specifically; around £100 million has been …
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HM Treasury
34
Recommendation
Eleventh Report - Economic Crime
Acknowledged
The effectiveness of SARs might be increased if banks are permitted to share information with the National Crime Agency and other law enforcement agencies, before the suspicion threshold required under existing anti-money laundering legislation is reached.
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The effectiveness of SARs might be increased if banks are permitted to share information with the National Crime Agency and other law enforcement agencies, before the suspicion threshold required under existing anti-money laundering legislation is reached.
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Government response AI summary
The government acknowledges the potential for greater data sharing to disrupt serious and organised crime and welcomes initiatives to build a system for more dynamic/real-time links, but doesn't commit to any specific action.
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HM Treasury
35
Conclusion
Eleventh Report - Economic Crime
Acknowledged
Whilst the Office for Professional Body Anti-Money Laundering Supervision (OPBAS) has made good progress, it is disappointing that nearly four years after it was set up, it is still encountering poor performance from a large proportion of the professional bodies that it supervises. There needs to be a plan to …
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Whilst the Office for Professional Body Anti-Money Laundering Supervision (OPBAS) has made good progress, it is disappointing that nearly four years after it was set up, it is still encountering poor performance from a large proportion of the professional bodies that it supervises. There needs to be a plan to ramp up compliance in this sector, by resourcing OPBAS to do more checks and to allow it to take punitive action against professional body supervisors.
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Government response AI summary
The government welcomes the report's recognition of progress and states that OPBAS expects PBSs to continue investing in their AML supervision, and will continue to evolve its approach to supervision.
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HM Treasury
36
Recommendation
Eleventh Report - Economic Crime
Acknowledged
The forthcoming Government review of the regulatory and supervisory regime for anti-money laundering and counter-terrorist financing, expected to conclude by June 2022, needs to address the concerns we have heard in this inquiry about the limited forward steps in compliance that OPBAS has so far secured. The problems which OPBAS …
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The forthcoming Government review of the regulatory and supervisory regime for anti-money laundering and counter-terrorist financing, expected to conclude by June 2022, needs to address the concerns we have heard in this inquiry about the limited forward steps in compliance that OPBAS has so far secured. The problems which OPBAS identifies are similar to those which our predecessor Committee highlighted in 2019, shortly after OPBAS had been set up. We recommend that the review should not shy away from considering radical reforms, including a move away from the self- regulatory model and the creation of a new supervisory body, potentially independent of the FCA, which takes more direct responsibility for policing professional body compliance with anti-money laundering regulations. The review should also take a hard look at enforcement measures which apply to professional bodies.
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Government response AI summary
The government welcomes the report’s recognition of the progress OPBAS has achieved; states that OPBAS expects PBSs to continue investing in, and strengthening their AML supervision; and states that OPBAS will continue to evolve its approach to supervision.
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HM Treasury
37
Recommendation
Eleventh Report - Economic Crime
Acknowledged
The case for a supervisor of supervisors—including statutory supervisors—is still as it was at the time of our report in in 2019. We recommend that this idea should also be considered by the review.
Government response AI summary
The government acknowledges OPBAS' progress and its focus on the effectiveness of PBS AML supervision, but does not commit to considering the creation of a supervisor of supervisors as recommended.
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HM Treasury
38
Recommendation
Eleventh Report - Economic Crime
Acknowledged
We note the actions taken by HMRC since its previous inquiry to improve its performance in supervising anti-money laundering (AML). However HMRC’s self assessment of its performance is not truly independent, and we recommend that HMRC finds a way to provide the assurance of independent assessment. (Paragraph 166) 76 Economic …
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We note the actions taken by HMRC since its previous inquiry to improve its performance in supervising anti-money laundering (AML). However HMRC’s self assessment of its performance is not truly independent, and we recommend that HMRC finds a way to provide the assurance of independent assessment. (Paragraph 166) 76 Economic Crime
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Government response AI summary
The government welcomes the report’s recognition of OPBAS' progress and states that OPBAS is now focusing on the effectiveness of the PBS AML supervision and will continue to evolve its approach to supervision.
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HM Treasury
39
Recommendation
Eleventh Report - Economic Crime
Acknowledged
HMRC is responsible for anti-money laundering supervision in a number of risky sectors, such as Trust or Company Service Providers (TCSPs). There are signs that HMRC could improve its supervisory performance in that sector and other risky sectors. HMRC should seek to be more proactive in preventing TCSPs facilitating the …
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HMRC is responsible for anti-money laundering supervision in a number of risky sectors, such as Trust or Company Service Providers (TCSPs). There are signs that HMRC could improve its supervisory performance in that sector and other risky sectors. HMRC should seek to be more proactive in preventing TCSPs facilitating the use of UK companies for money laundering and should aim to drive up significantly the numbers of SARs from that sector.
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Government response AI summary
The government acknowledges the importance of tackling economic crime and highlights increased investment of £400m, legislative changes, and enhanced powers to seize proceeds of crime and sanction individuals but doesn't specifically address HMRC's supervisory performance in risky sectors.
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HM Treasury
40
Recommendation
Eleventh Report - Economic Crime
Acknowledged
We recommend that HMRC’s role as a supervisor is reviewed as part of the HM Treasury review of the Oversight of Professional Body Anti-Money Laundering and Counter Terrorist Financing Supervision Regulations 2017, due by June 2022. That review should also focus on what can be done to improve money laundering …
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We recommend that HMRC’s role as a supervisor is reviewed as part of the HM Treasury review of the Oversight of Professional Body Anti-Money Laundering and Counter Terrorist Financing Supervision Regulations 2017, due by June 2022. That review should also focus on what can be done to improve money laundering compliance by trust or company service providers.
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Government response AI summary
The government welcomes the recognition of OPBAS's progress and states that OPBAS is focusing on the effectiveness of PBS AML supervision, with the FCA engaging with HM Treasury as part of its review of the AML/CTF supervisory regime.
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HM Treasury
41
Recommendation
Eleventh Report - Economic Crime
Acknowledged
The UK is a world-leading financial centre and needs an extensive legislative and regulatory regime to protect its financial system from money laundering. But it also needs enforcement and to ensure compliance with legislation. It is not obvious that either regulation or enforcement systems are robust enough or up to …
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The UK is a world-leading financial centre and needs an extensive legislative and regulatory regime to protect its financial system from money laundering. But it also needs enforcement and to ensure compliance with legislation. It is not obvious that either regulation or enforcement systems are robust enough or up to the job required of them. While the latest evaluation by the Financial Action Task Force of the UK’s anti-money laundering and counter-terrorist financing regime is positive, the Government should not be complacent. The FATF evaluation finds room for improvement in enforcement and compliance, and there is still much that the Government needs to do to make it more difficult to launder money in the UK. The latest FATF report is over three years old. In that time money laundering undertaken in the UK has not gone away: it has grown. The response to this threat seems slow and inadequate given the scale of the threats it poses.
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Government response AI summary
The government acknowledges the report's recognition of OPBAS' progress and focus on the effectiveness of PBS AML supervision, but does not address the need for more robust enforcement and compliance systems.
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HM Treasury
42
Conclusion
Eleventh Report - Economic Crime
Acknowledged
The new assertive approach by the FCA is welcome. The prosecution of NatWest is a major success, and the Committee congratulates the FCA and everyone in the team working on it. The level of the fine should be a deterrent to others. The question is whether this was an isolated …
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The new assertive approach by the FCA is welcome. The prosecution of NatWest is a major success, and the Committee congratulates the FCA and everyone in the team working on it. The level of the fine should be a deterrent to others. The question is whether this was an isolated case or whether more prosecutions of banks and financial institutions for money laundering will follow. While that would show effective enforcement, it would also signal that money laundering controls are not working as they should be within the institutions prosecuted.
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Government response AI summary
The government welcomes recognition of OPBAS's progress and states that OPBAS is focusing on the effectiveness of PBS AML supervision, with plans to improve supervision and work closely with other authorities to make the UK inhospitable for criminals. The FCA is engaging with HM Treasury …
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HM Treasury
43
Recommendation
Eleventh Report - Economic Crime
Acknowledged
We will continue to monitor the de-risking of customers by banks. We recommend that the FCA report annually on numbers of de-risking decisions and on progress to ensure that banks are not unfairly freezing bank accounts and de-risking customers. (Paragraph 186) Cryptoassets and economic crime
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We will continue to monitor the de-risking of customers by banks. We recommend that the FCA report annually on numbers of de-risking decisions and on progress to ensure that banks are not unfairly freezing bank accounts and de-risking customers. (Paragraph 186) Cryptoassets and economic crime
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Government response AI summary
The government states that firms have commercial freedom to choose who they do business with, but are expected to observe their obligation to pay due regard to the interests of customers, and that they regularly review the trend in the number of consumers getting in …
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HM Treasury
44
Conclusion
Eleventh Report - Economic Crime
Acknowledged
We note the increasing risks around cryptoassets and economic crime. We share the Government’s concern about the risk to consumers from the growth in the market for cryptoassets. We welcome the announcement by the Treasury that the Government will legislate to bring advertising of cryptoassets into line with that of …
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We note the increasing risks around cryptoassets and economic crime. We share the Government’s concern about the risk to consumers from the growth in the market for cryptoassets. We welcome the announcement by the Treasury that the Government will legislate to bring advertising of cryptoassets into line with that of other financial services and products, and that the FCA is strengthening financial promotion rules, including those for cryptoassets. (Paragraph 195) Economic Crime 77
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Government response AI summary
The government recognises the benefits that cryptoassets and their underlying technology may offer to financial services and will continue to encourage innovation and support competition in consumers interests.
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HM Treasury
45
Recommendation
Eleventh Report - Economic Crime
Acknowledged
The work being done by the Advertising Standards Authority to protect consumers from misleading advertisements for cryptoassets is also welcome. The Government should ensure that there is proper consumer protection regulation across the whole cryptoasset industry.
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The work being done by the Advertising Standards Authority to protect consumers from misleading advertisements for cryptoassets is also welcome. The Government should ensure that there is proper consumer protection regulation across the whole cryptoasset industry.
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Government response AI summary
The government recognises the benefits that cryptoassets and their underlying technology may offer to financial services and will continue to encourage innovation and support competition in consumers interests and is working with them to inform thinking on any further regulatory or legislative actions that may …
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HM Treasury
46
Recommendation
Eleventh Report - Economic Crime
Acknowledged
The Government should set out in the Economic Crime Plan its intention that all cryptoasset firms should be registered for anti-money laundering (AML) purposes. This has not yet been achieved. It is unacceptable that, having introduced AML regulations for cryptoasset firms in 2020, there are so many firms which have …
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The Government should set out in the Economic Crime Plan its intention that all cryptoasset firms should be registered for anti-money laundering (AML) purposes. This has not yet been achieved. It is unacceptable that, having introduced AML regulations for cryptoasset firms in 2020, there are so many firms which have not yet been registered. Large numbers have not even applied for registration, and it is not clear what sanction they face.
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Government response AI summary
The government recognizes the benefits that cryptoassets and their underlying technology may offer to financial services but doesn't say whether registration is being targeted or enforced.
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HM Treasury
48
Recommendation
Eleventh Report - Economic Crime
Acknowledged
If, as we recommend, the Government renews the Economic Crime Plan in 2022, it should consider instituting measures specifically to protect consumers from fraud and scams relating to cryptoassets. (Paragraph 205) Companies and economic crime
Government response AI summary
The government recognizes the need for increased spending and highlights the Economic Crime (Anti-Money Laundering) Levy, but does not specifically address measures to protect consumers from cryptoasset fraud.
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HM Treasury
49
Recommendation
Eleventh Report - Economic Crime
Acknowledged
We are disappointed that the Government has not yet implemented reform of corporate criminal liability. The previous Committee presented convincing evidence of the need for this in 2019, already two years after the Ministry of Justice had run its consultation in 2017. The decision taken in 2020 to ask the …
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We are disappointed that the Government has not yet implemented reform of corporate criminal liability. The previous Committee presented convincing evidence of the need for this in 2019, already two years after the Ministry of Justice had run its consultation in 2017. The decision taken in 2020 to ask the Law Commission to review the law on corporate criminal liability is a sensible step, given the complexity of the law in this area, but it is likely to be years before any change in the law results. We urge the Law Commission to proceed with its review speedily, and we urge the Government to act quickly in bringing forward any legislation flowing from the Law Commission’s review. In the meantime, corporate criminals will continue to be able to escape prosecution for economic crimes.
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Government response AI summary
The government mentions a sustainable funding model, around £400 million over the Spending Review period, and refers to the Asset Recovery Incentivisation Scheme but does not specifically address corporate criminal liability reform.
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HM Treasury