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Economic Crime and Corporate Transparency Bill - Sitting 2
25 October 2022
Type
Public Bill Committee
At a Glance
Issue Summary
Christopher Chope chairs a panel discussion on the Economic Crime and Corporate Transparency Bill, focusing on funding for Companies House and reforming the strike-off procedure. Christopher Chope is addressing concerns about Companies House becoming an active gatekeeper and the potential impact on businesses. The discussion revolves around the Economic Crime and Corporate Transparency Bill, focusing on authorised corporate service providers (ACSPs) and their regulation. Christopher Chope chairs the examination of witnesses regarding economic crime and corporate transparency. The discussion centres around the effectiveness of current measures against economic crime, including fraud and money laundering, and the need for improved investigative capabilities. Christopher Chope is discussing the Economic Crime and Corporate Transparency Bill and its measures to address the use of shell companies for criminal purposes. Witnesses discuss the effectiveness and potential impact of extending failure-to-prevent economic crime offences similar to those for bribery and corruption under the Bribery Act 2010. Christopher Chope is concluding a session of evidence gathering related to the Economic Crime and Corporate Transparency Bill. Christopher Chope raises concerns about the Economic Crime and Corporate Transparency Bill regarding its effectiveness in verifying corporate ownership and identity of individuals. The MP discusses concerns about the clarity and effectiveness of Companies House's objectives under the Economic Crime and Corporate Transparency Bill. Dr Hawley discusses ways to strengthen efforts against economic crime through cost-neutral measures, increased Companies House fees, greater investment in law enforcement, AML supervision reform, and corporate liability reform. Christopher Chope is discussing the Economic Crime and Corporate Transparency Bill, focusing on information-sharing provisions and asset confiscations. Bill Browder discusses the lack of action taken by UK law enforcement agencies regarding money laundering and economic crimes related to Sergei Magnitsky's case and broader Russian kleptocracy. The speaker is discussing the challenges and failures in enforcing laws against economic crime and corporate transparency in the UK. The speaker discusses the failure of law enforcement and cultural incentives in addressing economic crimes such as money laundering. Oliver Bullough discusses the importance of properly enforcing existing laws against economic crime rather than passing new, minor Bills. The speakers discuss the issues related to corporate transparency and the prevention of money laundering through UK corporate structures. Christopher Chope is chairing a session on the Economic Crime and Corporate Transparency Bill, discussing enforcement of anti-money laundering laws. The discussion focuses on the effectiveness of regulations aimed at preventing kleptocrats from abusing the economy by moving their assets to unregulated sectors like crypto or other jurisdictions. Christopher Chope discusses whether anti-SLAPP measures should be included in the Economic Crime and Corporate Transparency Bill. Christopher Chope discusses the conclusion of a session on the Economic Crime and Corporate Transparency Bill, noting that the meeting has to end according to set rules. The statement discusses the Economic Crime and Corporate Transparency Bill, focusing on various organisations and their roles in addressing economic crime.
Action Requested
There are no specific actions requested in this statement. The discussion highlights the need for sustainable funding models for Companies House and considers reforms to the strike-off process to tackle economic crime while balancing ease of doing business.
Key Facts
- £63 million allocated by the Treasury so far for Companies House transformation.
- Martin Swain has responsibility for policy, strategy and communications at Companies House.
- Adrian Searle is director of the National Economic Crime Centre and a director within the National Crime Agency.
- Companies House is transforming into an active gatekeeper of company information.
- There is a balance between enhancing transparency and not creating undue burdens on businesses.
- The Economic Crime Bill will grant Companies House powers to query and proactively share information with law enforcement.
- The Bill introduces measures around ACSPs that do not currently exist.
- ACSPs will need to register with the agency before filing, and their identities will be verified.
- There are new offences for failing to maintain records of AML supervision or suspensions.
- Adrian Searle mentions a 50% asset recovery incentivisation scheme (ARIS) for successful litigation by agencies like the NCA.
- Christopher Chope chairs the examination of witnesses.
- Commander Nik Adams is from the City of London police and leads on economic and cyber-crime.
- Simon Welch represents the National Police Chiefs’ Council on the economic crime portfolio.
- Michelle Crotty is the chief capability officer at the Serious Fraud Office.
- Money laundering prosecutions have dropped by 35% over the last five years in the UK.
- The number of crimes under investigation has halved in the past three years.
- Convictions for fraud offences have decreased by 67% since 2011.
- About 70% of all fraud emanates from overseas.
- Banks prevent around 65p in every pound of unauthorised payment fraud.
- Proactive economic crime teams will be built in every regional organised crime unit by the end of this year.
- Pre-investigation powers for fraud and domestic-based issues are being extended to enable quicker identification of cases.
- The UK currently has one of the lowest prices for registering a company at £12.50.
- There are approximately 1,500 companies registered every day in the UK.
- Commanders suggest increasing registration fees to improve verification processes and resource allocation.
- Nine out of twelve deferred prosecution agreements have involved a failure to prevent bribery offence since 2010.
- Companies focus on putting adequate procedures in place due to the defence provided by such laws.
- The Serious Fraud Office (SFO) can retain up to £900,000 in legal costs annually if they win cases.
- Christopher Chope thanked Dr Susan Hawley, John Cusack, and Thom Townsend for their testimony.
- Dr Susan Hawley introduced herself as the executive director of Spotlight on Corruption.
- Thom Townsend is the executive director of Open Ownership and incoming chair of the UK Anti-Corruption Coalition.
- Countries with national ID card systems have effective corporate ownership verification.
- The current identity verification programme by the UK Government has had mixed results.
- There are serious questions about HMRC's supervision of TCSPs due to low fine levels and high case return rates.
- Countries with national identity card systems have been able to progress faster.
- The registrar's ability to carry out analysis is dependent on funding and diligence.
- Only one fine has been issued since changes to the persons with significant control regime, valued at £210.
- The US-style system of civil recovery works well for enforcing economic crime.
- Law enforcement brought in £3.9 billion over the last six years in the UK.
- OPBAS could name and shame supervisors who are not performing across sectors like HMRC and the FCA.
- The information-sharing provision currently requires a Suspicious Activity Report (SAR) before private information sharing can take place.
- Italy seizes almost £10 billion annually in asset confiscations compared to the UK's underperformance.
- SMEs lack resources and must rely on Companies House, unlike larger companies which do their own intelligence gathering.
- Bill Browder is the head of the Global Magnitsky Justice Campaign.
- Sergei Magnitsky was murdered after exposing $230 million in fraudulent activity.
- The UK has never opened a criminal investigation into the money laundering connected to Sergei Magnitsky's case, unlike other countries.
- Vladimir Putin and his associates have stolen $1 trillion from Russian people since 2000.
- No money laundering prosecution has come out of Russia in 22 years.
- The cost of fraud to the UK economy is estimated at approximately £130 billion.
- The estimated annual amount laundered through the City of London is hundreds of billions of pounds.
- Funding per officer at the National Crime Agency is one third of their counterparts at the FBI.
- The current laws are well-written but poorly enforced.
- Foreign bank accounts set up by UK companies appear legitimate and help criminals evade detection.
- Disclosing foreign bank account locations annually would assist in identifying suspicious activities.
- The Bill mentioned includes unexplained wealth orders.
- Unexplained wealth orders were a great idea but have not been used due to lack of funding for the National Crime Agency.
- Bullough has been advocating about problems with Companies House for a long time.
- Bill Browder mentions the practice of registering drunk Latvian individuals as directors of hundreds of companies.
- Oliver Bullough suggests lowering the threshold for declaring control over a company from the current 25% down to 10% or even 5%.
- The number of people with overseas addresses owning property in the UK has increased by 250% over the last decade.
- Christopher Chope is chairing a session under Public Bill Committee rules.
- Professor John Heathershaw and Thomas Mayne are providing evidence.
- Thomas Mayne authored a report titled “The UK’s kleptocracy problem” at Chatham House.
- The discussion centres on potential risks of assets moving to unregulated sectors like crypto or other jurisdictions.
- Registration of overseas entities as part of previous Acts will come into effect by January, revealing ownership details of properties known to be owned by oligarchs or kleptocrats.
- Professor Heathershaw's research indicates that the enforcement gap allows incumbents in power to retain their assets while exiles lose theirs due to lack of transparency and proper rule of law.
- The Economic Crime and Corporate Transparency Bill is under discussion.
- Anti-SLAPP (Strategic Lawsuits Against Public Participation) measures are proposed to protect transparency efforts.
- Journalists and think-tanks face legal threats that deter corporate transparency.
- The session on the Economic Crime and Corporate Transparency Bill concludes.
- Christopher Chope notes that under Committee rules, the meeting must end at a specified time.
- ECCTB01 refers to the insolvency and restructuring trade body.
- ECCTB02 mentions Encompass Corporation.
- ECCTB03 refers to the British Private Equity and Venture Capital Association (BVCA).
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