3.—(1) Every person must in the course of relevant business carried on by him in the United Kingdom—
(a)comply with the requirements of regulations 4 (identification procedures), 6 (record-keeping procedures) and 7 (internal reporting procedures);
(b)establish such other procedures of internal control and communication as may be appropriate for the purposes of forestalling and preventing money laundering; and
(c)take appropriate measures so that relevant employees are—
(i)made aware of the provisions of these Regulations, Part 7 of the Proceeds of Crime Act 2002 (money laundering) and sections 18 and 21A of the Terrorism Act 2000 M1; and
(ii)given training in how to recognise and deal with transactions which may be related to money laundering.
(2) A person who contravenes this regulation is guilty of an offence and liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both;
(b)on summary conviction, to a fine not exceeding the statutory maximum.
(3) In deciding whether a person has committed an offence under this regulation, the court must consider whether he followed any relevant guidance which was at the time concerned—
(a)issued by a supervisory authority or any other appropriate body;
(b)approved by the Treasury; and
(c)published in a manner approved by the Treasury as appropriate in their opinion to bring the guidance to the attention of persons likely to be affected by it.
(4) An appropriate body is any body which regulates or is representative of any trade, profession, business or employment carried on by the alleged offender.
(5) In proceedings against any person for an offence under this regulation, it is a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(6) Where a person is convicted of an offence under this regulation, he shall not also be liable to a penalty under regulation 20 (power to impose penalties).
Marginal Citations
M1Section 21A was inserted by the Anti-terrorism, Crime and Security Act 2001 (c. 24), Schedule 2, Part 3, para. 5.