MONEY LAUNDERING LEGISLATION Part 4

What is generally accepted then is the definition that is given in the 'Regulations'. This states "money laundering" means doing any act which constitutes an offence under:

1. section 23A or 24 of the Drug Trafficking Offences Act 1986 (which relate to the handling, etc., of proceeds of drug trafficking);
2. section 42A or 43 of the Criminal Justice (Scotland ) Act 1987 (which relate to the handling, etc., of proceeds of drug trafficking);
3. section 93A, 93B or 93C of the Criminal Justice Act 1988 (which relate to the handling, etc., of proceeds of certain other criminal conduct);
4. section 11 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (which relates to financial assistance for terrorism);
5. section 4 of the Criminal Justice (International Co-operation) Act 1990 (concealing or transferring proceeds of drug trafficking);
6. Article 29 or 30 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (which relates to the handling, etc., of the proceeds of drug trafficking);
7. section 53 or 54 of the Northern Ireland (Emergency Provisions) Act 1991 (which relate to the handling, etc., of proceeds of terrorist-related activities; or
8. any provision, whenever made, which has effect in Northern Ireland and corresponds to any of the provisions mentioned in sub-paragraph a) or c) above;

or in the case of an act done otherwise than in England and Wales, Scotland or, as the case may be, Northern Ireland would constitute an offence if done in England and Wales, Scotland or Northern Ireland.

The primary legislation has, however, increased further in its sophistication, its development broadly following the development of various international measures. In fact, the CJA93 extends the money laundering offence in two principal ways:

1. to extend the scope of most money laundering offences to cover laundering the proceeds of crime in general; and
2. to introduce new types of offence (though some of them already existed in embryo form in anti-terrorist legislation), being:

1. to tip off known or suspected money launderers that information about them has been passed to the enforcement authorities, or that an investigation is being carried out;
2. to fail to disclose to the authorities, no matter what trade, business or employment is carried on, knowledge or suspicion that another is involved in laundering drug or terrorist money, and
3. to acquire, possess or use laundered funds.

Further to this, legislation in Scotland had to be introduced in order to be brought into line with legislation covering England and Wales. This has been brought about by:

section 36 (1), 37, 38, 39 and 40 of the Criminal Law (Consolidation) (Scotland) Act 1995.