Heads up for solicitors over Counter Terrorism Week

Solicitors' duties under the counter-terrorism legislation are being highlighted as part of a national Counter Terrorism Awareness Week that begins this coming Monday, 24 November 2014.

Organised by the Association of Chief Police Officers (Terrorism & Allied Matters), the week will see a heightened police presence at airports, sporting events and in other public places such as shopping centres, along with presentations by specialist police counter-terrorism advisers on public safety and increasing awareness of heightened threat from terrorist groups.

As part of the initiative, solicitors are being reminded about the implications of the Terrorism Act 2000, and specifically, their obligation to report instances of suspected offences against sections 15 to 18, which cover provision and use of money or other property for the purposes of terrorism, or where there is reasonable cause to suspect that it might be so used. The provisions extend to money laundering.

Following a report, law enforcement officers may seek access to client files to investigate whether they or their solicitor have committed a criminal or Terrorism Act offence. All reports are treated with complete confidentiality.

Solicitors are reminded that criminals may target solicitors' services to help the commission of financial crimes, or to launder the proceeds of those crimes, as they play a key role in facilitating business and financial transactions. Their training in relation to money laundering and the proceeds of crime should make them aware of their obligations regarding dealings with politically exposed persons, and the requirements on them to identify and "know" their clients.

The Law Society of Scotland is encouraging all its members to familiarise themselves with these requirements and to get in touch if more information is required.

If solicitors have concerns about the practice rules, or concerns about identifying a conflict or confidential matter, confidential advice is available from the Society's Professional Practice team. Any other queries should be directed to the Financial Compliance department.