Part 2Terrorist financing, money laundering etc.

General directions and other requirements

50Circumventing requirements of Schedule 7 directions

1

Schedule 7 to the Counter-Terrorism Act 2008 is amended as follows.

2

After paragraph 25 (civil penalties for failure to comply with requirements) insert—

25A

1

An enforcement authority may impose a penalty of such amount as it considers appropriate on a relevant person who has intentionally participated in activities knowing that the object or effect of them was (whether directly or indirectly) to circumvent a requirement imposed by a direction under this Schedule.

2

In sub-paragraph (1) “appropriate” means effective, proportionate and dissuasive.

3

A person on whom a penalty is imposed under this paragraph is not liable to be proceeded against for an offence under paragraph 30A in respect of participation in the same activities.

3

After paragraph 30 (offence of failing to comply with requirements) insert—

30AOffences: relevant person circumventing requirements

1

A relevant person who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) to circumvent a requirement imposed by a direction under this Schedule commits an offence.

2

A person guilty of an offence under this paragraph is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

3

A person who is convicted of an offence under this paragraph is not liable to a penalty under paragraph 25A in respect of participation in the same activities.