The section of reporting that keeps a "register of disclosures" of suspicious activity from relationships.
Anatomy
In Proofdesk, details of internal disclosures can be recorded and viewed by a member with the appropriate grants - in practice this team member should be the MLRO.
Each disclosure is a form keeping the following fields:
(1) In this Code – “suspicious activity” means any activity, including the receipt of information, which in the course of a business relationship, occasional transaction or attempted transaction causes the relevant person to –
(a) know or suspect; or
(b) have reasonable grounds for knowing or suspecting, that the activity is ML/FT or that the information is related to ML/FT;
(1) A relevant person must establish and maintain separate registers of –
(a) all internal disclosures;
(b) all external disclosures; and
(c) any other disclosures to the Financial Intelligence Unit.
(2) The registers must include details of –
(a) the date on which the disclosure is made;
(b) the person who made the disclosure;
(c) for internal disclosures, whether it is made to the MLRO or the deputy MLRO;
(d) for external disclosures, the reference number supplied by the Financial Intelligence Unit; and The registers of disclosures required by sub-paragraph
(1) may be contained in a single document if the details required to be included in those registers under subparagraph
(2) can be presented separately for each type of disclosure on request by a competent authority.
Where a relevant person identifies any suspicious activity in the course of a business relationship or occasional transaction the relevant person must –
(a) conduct enhanced customer due diligence in accordance with paragraph 15, unless the relevant person reasonably believes conducting enhanced customer due diligence will tip off the customer; and
(1) Where an internal disclosure has been made, the MLRO must assess the information contained within the disclosure to determine whether there are reasonable grounds for knowing or suspecting that the activity is ML/TF.
(2) The MLRO must make an external disclosure to the Financial Intelligence Unit in accordance with the reporting procedures and controls established under paragraph 25 as soon as is practicable if the MLRO –
(a) knows or suspects; or
(b) has reasonable grounds for knowing or suspecting, that the activity is ML/FT.
(3) A disclosure under sub-paragraph
(2) does not breach –
(a) any obligation of confidence owed by the MLRO; or any other restrictions on the disclosure of information (however imposed).
