The Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations 2023 No. 704


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Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulations made by the Treasury, laid before Parliament under section 55(3) of the Sanctions and Anti-Money Laundering Act 2018 for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the Regulations were made, subject to extension for periods during which Parliament is dissolved, or prorogued, or during which both Houses are adjourned for more than four days.

Statutory Instruments

2023 No. 704

Financial Services

The Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations 2023

Made

at 11.15 a.m. on 26th June 2023

Laid before Parliament

at 3.30 p.m. on 26th June 2023

Coming into force

27th June 2023

The Treasury make these Regulations in exercise of the powers conferred by section 49 of, and paragraphs 4 and 23 of Schedule 2 to, the Sanctions and Anti-Money Laundering Act 2018( 1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations 2023.

(2) These Regulations come into force on 27th June 2023.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

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

2.—(1) The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017( 2) are amended as follows.

(2) For Schedule 3ZA (high-risk third countries) substitute—

Regulation 33(3)

SCHEDULE  3ZA High-Risk Third Countries

1.   Albania

2.   Barbados

3.   Burkina Faso

4.   Cayman Islands

5.   Democratic People’s Republic of Korea

6.   Democratic Republic of the Congo

7.   Gibraltar

8.   Haiti

9.   Iran

10.   Jamaica

11.   Jordan

12.   Mali

13.   Mozambique

14.   Myanmar

15.   Panama

16.   Philippines

17.   Senegal

18.   South Sudan

19.   Syria

20.   Tanzania

21.   Turkey

22.   Uganda

23.   United Arab Emirates

24.   Yemen .

Andrew Stephenson

Steve Double

Two of the Lords Commissioners of His Majesty’s Treasury

At 11.15 a.m. on 26th June 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 ( S.I. 2017/692) (“the MLRs”) by substituting the list of high-risk third countries in Schedule 3ZA for a new list. Schedule 3ZA was originally inserted into the MLRs by the Money Laundering and Terrorist Financing (Amendment) (High-Risk Countries) Regulations 2021 ( S.I. 2021/392) and was subsequently amended by the Money Laundering and Terrorist Financing (Amendment) (No. 2) (High-Risk Countries) Regulations 2021 ( S.I. 2021/827), the Money Laundering and Terrorist Financing (Amendment) (No. 3) (High-Risk Countries) Regulations 2021 ( S.I. 2021/1218), the Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations 2022 ( S.I. 2022/393), the Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) (No. 2) Regulations 2022 ( S.I. 2022/782) and the Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) (No. 3) Regulations 2022 ( S.I. 2022/1183).

Cambodia and Morocco are no longer classed as high-risk third countries for the purposes of enhanced customer due diligence requirements in regulation 33(1).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

( 1)

2018 c. 13. In section 49 the definition of “terrorist financing” was amended by paragraph 9 of Part 2 of Schedule 3 to the Sanctions and Anti-Money Laundering Act 2018 (the 2018 Act). There are amending instruments to the 2018 Act but none is relevant. See the definition of ‘appropriate Minister’ in section 1(9) of the 2018 Act.

( 2)

S.I. 2017/692, amended by S.I. 2019/253, 2019/1511, 2020/991, 2021/392, 2021/827, 2021/1218, 2022/393, 2022/782and 2022/1183. There are other amending instruments but none is relevant.


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