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20 September 2007 / Helen Darling , Katherine Hill
Issue: 7289 / Categories: Features , EU , Wills & Probate , Banking
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Are we there yet?

Is a coherent EU anti-money laundering approach to trusts within reach? ask Helen Darling and Katherine Hill

The passage of the Third European Money Laundering Directive 2005/60/EC (the Directive) into domestic law, scheduled for 15 December 2007, has not been as smooth as the government hoped. The first draft of the Money Laundering Regulations 2007 (the draft regulations) was published in January this year to widespread criticism from representative bodies including the Law Society and the Society of Trust and Estate Practitioners. Concerns focused predominantly on the impact of Pt 2 of the draft regulations dealing with customer due diligence (CDD) and, particularly, a perceived failure to provide clarity on how CDD requirements apply to trusts.
Concerted lobbying by domestic bodies and, ultimately, intervention by the European Commission resulted in the definition of beneficial ownership contained in the draft regulations being significantly amended. In July 2007 the revised Money Laundering Regulations 2007 (SI 2007/2157) (the regulations) were published in what the government has stated is their final form. The changes

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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