O ran Rheoliadau Awdurdod Cyllid Cymru (Pwerau i Ymchwilio i Droseddau) 2018, ar wahân i'r ymatebion i'r ymgynghoriad, a wnaiff Ysgrifennydd y Cabinet ddarparu manylion am ei sgyrsiau gyda'r Asiantaeth Troseddu Cenedlaethol a Chyllid a Thollau Ei Mawrhydi ar Awdurdod Cyllid Cymru a'i bwerau i ymchwilio i droseddau gwyngalchu arian?
As part of the Welsh Government consultation on the Welsh Revenue Authority’s powers to tackle devolved tax crime, my officials met with representatives of the National Crime Agency (NCA) Proceeds of Crime Centre and HM Revenue and Customs (HMRC). The purpose of those discussions was to consider how the powers contained in the Proceeds of Crime Act 2002 (POCA) are governed and used in practice. These discussions have informed the making of the Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) Order 2018, which will, among other things, enable financial investigators accredited by the NCA to undertake money laundering investigations in relation to devolved tax crime
As the regulatory body responsible for POCA powers, officials are continuing discussions with NCA and the Proceeds of Crime Centre on operational aspects of those powers.
Unlike WRA, HMRC have specific statutory obligations in relation to monitoring money laundering and terrorist financing, which reflect HMRC’s broader remit. However, WRA will be expected to report any suspicion of criminal behaviour which goes beyond devolved tax crime to the appropriate authorities for their investigation.
In addition, Welsh Treasury officials have highlighted to the UK Government that a consequential amendment should be made to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on Payer) Regulations 2017. These Regulations require HMRC to maintain a register of beneficial owners of certain trusts which are liable to pay certain specified taxes. Welsh Treasury officials have suggested that the list of specified taxes should be amended to include Land Transaction Tax.
The National Crime Agency (NCA) Proceeds of Crime Centre is responsible for accrediting and monitoring the performance of all financial investigators under the Proceeds of Crime Act 2002.
Discussions with the NCA indicate that registration, training and accreditation will be in the region of £3,500. The initial cost of the appropriate training will be met from existing WRA budgets.