Commentary

A7.109 Money laundering offences—form and manner of disclosures

Administration and compliance

A7.109 Money laundering offences—form and manner of disclosures

A7.109 Money laundering offences—form and manner of disclosures

The Secretary of State is empowered to prescribe by statutory instrument the form and manner in which a disclosure under the provisions described in A7.104–A7.106 or authorised disclosures (see A7.103) must be made. The form for the National Crime Agency (but not any form prescribed for making a disclosure to an money laundering reporting officer (MLRO)) can include a request to the discloser to provide additional information, but only if the information is specified or described in the form and it was not provided in the disclosure. If he does so, a disclosure made in pursuance of such a request (ie voluntarily) is protected from giving rise to a breach of any restriction on the disclosure of information (however imposed) in the same way as a disclosure pursuant to the statutory obligation to disclose. The form must state that there is no obligation to comply with the request and explain this protection for a person who complies with the request1.

A person commits an offence if he makes a disclosure under the provisions described in A7.103–A7.106 otherwise than in the form prescribed under these provisions or otherwise than in the manner so prescribed; but a person does not commit such an offence if he has a reasonable excuse for making the disclosure otherwise than in the form prescribed under these provisions or (as the case may be) otherwise than in the manner

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