ECCTA 2023 received Royal Assent on 26 October 2023 – see our news item here.
The first commencement regulations under that Act have now been made – The Economic Crime and Corporate Transparency Act 2023 (Commencement No. 1) Regulations 2023 (SI 2023/1206). As per the Explanatory Notes:
- Regulation 2 brings section 214 into force on 15th November 2023 (so far as not already in force). Section 214 makes clear that the Treasury can impose monetary penalties under the Policing and Crime Act 2017 (c. 3) for breaches of provisions that are supplemental to financial sanctions.
- Regulation 3 brings certain provisions of the Act into force on 15th January 2024.
- Regulation 3(a) to (e) bring into force various provisions inserted into the Companies Act 2006 (c. 46) by the Act which establish national security-related defences, exemptions and exceptions to new requirements concerning company names, identity verification requirements and false statement offences.
- Regulation 3(f) brings into force amendments to the Proceeds of Crime Act 2002 (c. 29) which create exemptions from money laundering offences for regulated businesses dealing with only part of a client’s property.
- Regulation 3(g) brings into force the provisions of section 187, which amends particular provisions of the Sanctions and Anti-Money Laundering Act 2018 (c. 13) to allow for regulations concerning enhanced due diligence measures for the purposes of anti-money laundering and counter terrorist financing to be made referencing directly the list of high-risk countries published by the Financial Action Tax Force as it has effect from time to time.
- Regulation 3(h) brings into force provisions about disclosures of information between certain businesses for the purposes of preventing, detecting or investigating economic crime offences.
- Regulation 3(i) brings into force amendments to the Criminal Justice Act 1987 (c. 38) which widen the pre-investigation powers of the Serious Fraud Office so they are not limited to certain bribery and corruption offences.
- Regulation 3(j) brings into force Schedule 11 to the Act, which lists “economic crime offences”.