My wife and I went into Pwhlleli on the bank holiday weekend
to visit the Land & Sea Food festival down at the Marina. It was a lovely day and having sampled the fayren
on offer, we decided to have a walk around the Marina area and look at the
boats. This being the real start of the tourist season the tractors were busy
taking boats to and from the water, some luxury, others more modest.
We had a wander around the boats for sale and I was
marginally surprised by how expensive they all were. A small gleaming white
speedboat that my wife took a shine to was priced at GBP15,950 whereas a more
sturdy fishing boat that I could happily spend my retirement years on cost a
whopping GBP65,000, and there were many more in besides, and a good number of
similar boatyards.
After a few moments dreaming of winning the national
lottery, or having a job that would pay enough to purchase one of these
marvellous and beautiful pieces of engineering, I began to wonder about the
process of buying and selling one of them.
The businesses that sell these items are clearly within the
definition of a High Value Dealer (HVD) and could be subject to the Money
Laundering Regulations 2007. They state that an HVD can accept cash payments of
whatever figure, but that those who accept a cash payment in excess of €15,000
(about GBP 12,500) or a series of lower, linked payments to that threshold, is
required by law to comply with all the implications that the leglislation
brings with it.
These include undertaking appropriate due diligence on
customers, completing a risk assessment, appointing a nominated officer, putting
an anti money laundering policy and system in place to identify and prevent,
and then report suspicious transactions to the National Crime Agency (NCA), keep
records for 5 years, register with Her Majesty’s Revenue and Customs (HMRC),
pay an annual fee, and report any changes within the registration year. It also
includes ensuring that all the staff are aware of the money laundering issues
and are continually kept up to date.
Even if you only occasionally accept cash payments at or
above this threshold, you are still required by law to comply, even if you are
selling to your best friend or a fmily member you have known for years.
If you have made a policy in your business that under no
circumstances will you accept these large cash payments, you must have a
written policy that says this and ensure all your staff and customers are aware
of it. In addition, if you are unsure
that you will do business like this and decide not to register, you must refuse
such payments and insist on payment by some other means or risk a heavy
penalty.
Don’t forget also that the 4th EU Directive on
Money Laundering has been agreed and will be in force soon, and that reduces
the cash payment threshold to €10,000 or GBP 7,500 and I will explore the
ramifications of this topic more in my next blog.