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The Money Laundering and Terrorist Financing (Amendment) (No. 2) (High-Risk Countries) Regulations 2021

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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

2021 No. 827

Financial Services

The Money Laundering and Terrorist Financing (Amendment) (No. 2) (High-Risk Countries) Regulations 2021

Made

at 12.30 p.m. on 12th July 2021

Laid before Parliament

at 4.00 p.m. on 12th July 2021

Coming into force

13th July 2021

The Treasury, 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), make the following Regulations.

Citation and commencement

1.—(1) These Regulations may be cited as the Money Laundering and Terrorist Financing (Amendment) (No. 2) (High-Risk Countries) Regulations 2021.

(2) These Regulations come into force on 13th July 2021.

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 3ZAHigh-Risk Third Countries

1.  Albania

2.  Barbados

3.  Botswana

4.  Burkina Faso

5.  Cambodia

6.  Cayman Islands

7.  Democratic People’s Republic of Korea

8.  Haiti

9.  Iran

10.  Jamaica

11.  Malta

12.  Mauritius

13.  Morocco

14.  Myanmar

15.  Nicaragua

16.  Pakistan

17.  Panama

18.  Philippines

19.  Senegal

20.  South Sudan

21.  Syria

22.  Uganda

23.  Yemen

24.  Zimbabwe.

Maggie Throup

Rebecca Harris

Two of the Lords Commissioners of Her Majesty’s Treasury

At 12.30 p.m. on 12th July 2021

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 had originally been inserted into the MLRs by the Money Laundering and Terrorist Financing (Amendment) (High-Risk Countries) Regulations 2021 (S.I. 2021/392).

On the new list, Ghana is no longer classed as a high-risk country for the purposes of enhanced customer due diligence requirements in regulation 33(3).

Haiti, Malta, Philippines and South Sudan are now classed as high-risk countries for the purposes of enhanced customer due diligence requirements in regulation 33(3).

An 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 2018 Act.

(2)

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

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