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1st Annual Compliance and Anti Money Laundering Seminar Riyadh, Kingdom of Saudi Arabia March 2009 Countering Money La PowerPoint Presentation
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1st Annual Compliance and Anti Money Laundering Seminar Riyadh, Kingdom of Saudi Arabia March 2009 Countering Money Laundering & Terrorist Financing. DAVID SIMPSON Barrister www.3vb.com dsimpson@3vb.com. (1) Overseas conduct (2) Mental element of offences. DAVID SIMPSON Barrister

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1st Annual Compliance and Anti Money Laundering Seminar Riyadh, Kingdom of Saudi ArabiaMarch 2009Countering Money Laundering & Terrorist Financing

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com

1 overseas conduct 2 mental element of offences

(1) Overseas conduct(2) Mental element of offences

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com

overseas conduct

Saudi Anti-Money Laundering Law 2003 Article 1(7)

  • Criminal activities: shall mean any activity sanctioned by Shariaa or law including the financing of terrorism, terrorist acts and terrorist organizations.

Overseas conduct

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com

overseas conduct money laundering

Serious Organised Crime and Police Act 2005 section 102[A] person [does not] commit an offence … (1) if— (a) he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and (b) the relevant criminal conduct— (i) was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and (ii) is not of a description prescribed by an order made by the Secretary of State.

Overseas conduct: money laundering

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com

overseas conduct terrorism

Terrorism Act 2000, section 1

  • (4) In this section—
  • (a) “action” includes action outside the United Kingdom,
  • (b) a reference to any person or to property is a reference to any person, or to property, wherever situated,
  • (c) a reference to the public includes a reference to the public of a country other than the United Kingdom, and
  • (d) “the government” means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom.

Overseas conduct: terrorism

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com

mental element of money laundering

Saudi Anti-Money Laundering Law 2003 Article 2

      • Alleged offender acts: “with the knowledge that such property or proceeds came as a result of a criminal activity or from an illegal or illegitimate source.”
  • Proceeds of Crime Act 2002 Section 340(3)(b)
      • Alleged offender “knows or suspects that [the relevant property] represents [a person’s benefit from criminal conduct]”

Mental element of money-laundering

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com

mental element of terrorist financing

Saudi Anti-Money Laundering Law 2003 Article 2

    • Financing terrorism, terrorist acts and terrorist organizations.
  • Terrorism Act 2000 section 18
        • Alleged offender knew or had “reasonable cause to suspectthat the arrangement related to terrorist property”

Mental element of terrorist financing

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com

slide8

شكراًَ

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com

slide9

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com

overseas conduct terrorism1

Terrorism Act 2000, section 1

  • (1) In this Act “terrorism” means the use or threat of action where—
  • (a) the action falls within subsection (2),
  • (b) the use or threat is designed to influence the government or to intimidate the public or a section of the public, and
  • (c) the use or threat is made for the purpose of advancing a political, religious or ideological cause.

Overseas conduct: terrorism

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com

overseas conduct terrorism2

Terrorism Act 2000, section 1

  • Action falls within this subsection if it—
  • (a) involves serious violence against a person,
  • (b) involves serious damage to property,
  • (c) endangers a person’s life, other than that of the person committing the action,
  • (d) creates a serious risk to the health or safety of the public or a section of the public, or
  • (e) is designed seriously to interfere with or seriously to disrupt an electronic system.

Overseas conduct: terrorism

DAVID SIMPSON

Barrister

www.3vb.com

dsimpson@3vb.com