Of Relevance to:
Firms falling within the criteria within SUP 16.23; those persons with responsibility for oversight of financial crime
A reminder that a new financial crime data return (REP-CRIM) comes into force on 31 December 2016 – see Regulatory Roundup 75 and 78.
The draft rules first appeared in FCA Quarterly Consultation No.11 (CP15/42) published last December, although the then drafting required more than one reading to confidently ascertain which firms were excluded from the reporting obligation.
The final – and redrafted – rules have now been published in PS16/19 (“Financial Crime Reporting: feedback on Chapter 6 of CP15/42 and final rules”) and will appear in (new) SUP 16.23 (in CP15/42 the rules were destined to appear in SUP 16.22 but the latter will now concern reporting under the Payment Accounts Regulations).
* this activity captures both “arranging safeguarding and administration of assets” and “safeguarding and administration of assets (without arranging)”.
The return has to be submitted within 60 business days (it was originally going to be 30 days) of the firm’s ARD (SUP 16.23.7).
In view of the short time lines the FCA will permit the first return to be completed on a best endeavours basis – see Transitional Provision TP1(1.2).
The rules and transitional provisions, as well as a copy of the return and guidance notes, can be found in Appendix 1 of PS16/19.
Note that the return does ask probing questions such as:
In the light of this we would recommend that those firms that find that they are subject to REP-CRIM reporting to familiarise themselves with the information requested and consider whether any changes to procedures etc. will be required in order to ensure that relevant information will be captured and readily retrievable.