[As of June 2017, the UK's PEP definition is identical to the 2012 FATF definition, i.e. including reference to domestic PEPs; it is found in the Money Laundering Regulations 2017 Section 35A PEP is considered to be any individual who fits any of the criteria listed below:
A foreign person who has held any time in the preceding year a prominent public function outside the United Kingdom, in a state or international institution
Members of courts of auditors or of the boards of central banks
Ambassadors, chargés d'affaires and high-ranking officers in the armed forces
Members of the administrative, management or supervisory bodies of state-owned enterprises
Heads of state, heads of government, ministers and deputy or assistant ministers
Members of parliaments
Members of supreme courts, constitutional courts or of other high-level judicial bodies
The definition explicitly excludes middle-ranking or more junior officials.
PEP status also extends to relatives and close associates. Relatives and close associates include a spouse, a partner, children and their spouses or partners and parents. While other family members may not qualify under this definition, it may be appropriate to consider that other family members can also be used as a front for corrupt activities. Therefore, it may be appropriate to apply the definition to other extended family members that may have increased risk factors present and apply the requirements of the regulation (e.g. a PEP with material negative information may use their brother as a front for processing their proceeds of corruption). Close associates include any individual who is known to have joint beneficial ownership of a legal entity or legal arrangement, or any other close business relations. It also includes any individual who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the benefit of a person referred to in regulation.
The Financial Conduct Authority and Joint Money Laundering Steering Group both publish comprehensive guidance on both PEPs and other know your customer (KYC) related matters to assist firms in complying with their legal obligations.
The 4th EU AML Directive is expected to update the definition to include domestic PEPs, and limit relatives-status to spouse and partner only, and no longer the children and parents of PEPs.
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