The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

Power to impose civil penalties: fines and statements

76.—(1) Paragraph (2) applies if a designated supervisory authority is satisfied that any person (“P”) has contravened a relevant requirement imposed on that person.

(2) A designated supervisory authority may do one or both of the following—

(a) impose a penalty of such amount as it considers appropriate on P;

(b) publish a statement censuring P.

(3) If a designated supervisory authority considers that another person who was at the material time an officer of P was knowingly concerned in a contravention of a relevant requirement by P, the designated supervisory authority may impose on that person a penalty of such amount as it considers appropriate.

(4) A designated supervisory authority must not impose a penalty on P under this regulation for contravention of a relevant requirement if the authority is satisfied that P took all reasonable steps and exercised all due diligence to ensure that the requirement would be complied with.

(5) Where the FCA proposes to impose a penalty under this regulation on a PRA-authorised person or on a person who has a qualifying relationship with a PRA-authorised person, it must consult the PRA.

(6) In deciding whether P has contravened a relevant requirement, the designated supervisory authority must consider whether at the time P followed—

(a) any relevant guidelines issued by the European Supervisory Authorities in accordance with—

(i) Articles 17, 18.4 or 48.10 of the fourth money laundering directive; or

(ii) Article 25 of the funds transfer regulation;

(b) any relevant guidance which was at the time—

(i) issued by the FCA; or

(ii) issued by any other supervisory authority or appropriate body and approved by the Treasury.

(7) A penalty imposed under this Part is payable to the designated supervisory authority which imposes it.

(8) For the purposes of this regulation—

(a) “appropriate” means (other than in references to an appropriate body) effective, proportionate and dissuasive;

(b) “designated supervisory authority” means the FCA or the Commissioners.