Underground banking and informal value transfer systems—the basics—law firms

Produced in partnership with Laurence Howland of Buckles Solicitors LLP
Practice notes

Underground banking and informal value transfer systems—the basics—law firms

Produced in partnership with Laurence Howland of Buckles Solicitors LLP

Practice notes
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This Practice Note explains underground banking, its history, current usage and associated risks. It is aimed particularly at law firms caught by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 and the associated requirements to identify and assess risk, maintain policies, controls and procedures to manage those risks and report activity giving rise to suspicion of money laundering or terrorist financing.

The Legal Sector Affinity Group (LSAG) published an Advisory Notice on Chinese underground banking and funds from China in March 2023. It highlights the risks posed in particular by Chinese underground banking and the expectations of the regulators in relation to effective due diligence and source of funds checks.

What is underground banking?

Underground banking is a broad term describing the provision of largely informal financial services, in particular money transfer, to personal and business customers, usually from within distinct ethnic groups. Underground banking is used in many communities and in diverse locations, but is most closely associated

Laurence Howland
Laurence Howland

Laurence Howland is the Director Risk and Compliance of Buckles Solicitors LLP, with overall responsibility for the firm’s Anti-Money Laundering and Regulatory Compliance. Before joining Buckles, Laurence spent three years as a Senior Financial Investigator with the Solicitors Regulation Authority; prior to this, he served for thirty years with HM Revenue & Customs (previously HM Customs & Excise) as an accredited financial investigator leading criminal investigation teams dealing with money laundering, restraint and confiscation cases. Between 2010 and 2014, he was Fiscal Crime Liaison Officer appointed to the British Embassy in Beijing. He has spoken and written extensively on Informal Value Transfer Systems and underground money movements from the Far East and has given expert witness evidence on this subject.
 
In 2021 Laurence was awarded an MSc in Financial Investigation with Distinction from the University of Central Lancashire. He was also presented with the prestigious Martin Kenney Award for Outstanding Contribution to Financial Investigation.
 
Laurence has trained widely across the public and private sector on a range of topics, notably the Money Laundering Regulations 2017, the Bribery Act 2010, the facilitation of tax evasion provisions of the Criminal Finances Act 2017 and organisational risk management.

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United Kingdom

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