- How do I make a Chemical Suspicious Activity Report to SOCA?
- How do I know which method to use?
- Am I Suspicious?
- What information do I need to submit?
- When should you submit a CSAR?
- What is meant by Competent Authority?
- Can I make a notification to SOCA of a substance that is outside of the scheduled list?
- Can I make a notification to SOCA about items of equipment?
- Will I be told when you have received the report?
- Do I need consent from SOCA to proceed with an order that I have reported as being suspicious?
- Will I get feedback on my report?
- Is my notification Confidential?
- What is the purpose of CSARs?
- Do CSARs really make a difference?
- What will happen if I don’t submit a CSAR and can I get into trouble if I don’t?
- Who do I need to contact about getting a licence for scheduled substances?
- What is a Chemical Liaison Officer (CLO)?
- How do I contact my local CLO?
- I am a UK company can I submit a CSAR about an order or enquiry received from a foreign individual or company?
How do I make a Chemical Suspicious Activity Report to SOCA?
Please see the Submitting a Chemical Suspicious Activity Report section.
How do I know which method to use?
Please see the Submitting a Chemical Suspicious Activity Report section.
What is Suspicion?
In two recent cases the Court of Appeal dealt with the meaning of suspicion in money laundering legislation. See R v Da Silva [2006] All ER (D) 131 (Jul) and K Limited v National Westminster Bank plc (HMRC and SOCA intervening) [2006] All ER (D) 131 (Jul)
The Court said suspicion would arise when:
“there was a possibility which was more than fanciful, that the relevant facts existed. This is subject in an appropriate case, to the further requirement that the suspicion so formed should be of a settled nature”
In K Limited the court said that this definition should apply in both criminal and civil cases although the word suspicious does not appear in the Regulations, it is used here to provide guidance as to when it would be appropriate to submit a CSAR.
Am I Suspicious?
Any one or more of the following may be indicators of suspicion. This list is not exhaustive
- Is the customer’s behaviour unusual in the circumstances?
- Has the customer refused to supply any form of identification or given only scant information?
- Are the chemicals ordered / enquired about consistent with known illicit use?
- Is the declared use for the chemical consistent with its legitimate uses?
- Does the delivery address appear to be residential?
- Is the customer asking for delivery arrangements which are unusual e.g. to a third party, or a postal drop address?
Further information is available in the EU Guidelines for Operators.
What information do I need to submit?
Try to answer the six basic questions:
- Who?
- What?
- Where?
- When?
- How?
- Why?
Please see the Submitting a Chemical Suspicious Activity Report section for more guidance.
When should you submit a CSAR?
Please see the Submitting a Chemical Suspicious Activity Report section.
What is meant by Competent Authority?
For the purposes of drug precursor control within the UK the responsibilities have been divided between several authorities.
SOCA has assumed the responsibility for the receipt and management of information from operators, within the chemical and allied industry that relates to all suspicious orders or enquiries for chemical substances or scientific equipment.
The Home Office retains responsibility for the purposes of licensing, registration, inspection of premises and import and export authorisation notices for operators of scheduled substances.
The Police retain regional responsibilities for provision of local support to operators around security of premises and general advice; and on a National level in respect of all issues relating to potential terrorist offences.
HM Revenue and Customs cover all other matters relating import and export controls.
Can I make a notification to SOCA of a substance that is outside of the scheduled list?
Yes - SOCA encourages all operators to make voluntary notifications of circumstances which might involve the diversion of chemical substances into criminal misuse.
All such notifications will be treated in the same confidence as those made under mandatory requirements (please see the Submitting a Chemical Suspicious Activity Report section).
Can I make a notification to SOCA about items of equipment?
Yes - Many companies that trade in chemicals also trade in scientific equipment and glassware. According to Article 13 of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, measures should be taken by Parties to the Convention in order to prevent the diversion of equipment that can be used for manufacture of illicit drugs.
SOCA encourages all operators to make voluntary notifications that have the potential for diversion of associated equipment into criminal misuse.
All such notifications will be treated in the same confidence as those made under mandatory requirements (please see the Submitting a Chemical Suspicious Activity Report section).
Will I be told when you have received the report?
Please see the Submitting a Chemical Suspicious Activity Report section.
Do I need consent from SOCA to proceed with an order that I have reported as being suspicious?
No – Once a report has been made to SOCA it will be a matter for that operator whether they wish to proceed with an order or not.
Will I get feedback on my report?
SOCA is working with all participants in the CSAR regime to ensure that the right level of meaningful feedback is provided. Feedback may not be appropriate to every individual CSAR.
Is my notification Confidential?
Please see the Submitting a Chemical Suspicious Activity Report section.
What is the purpose of CSARs?
CSARs are a vital weapon in the UK’s armoury to prevent and detect crime, and to protect the integrity and reputation of the UK trade in chemicals and allied industries.
Do CSARs really make a difference?
Yes they do. Please see the CSAR Case Studies section.
Do I have to submit a CSAR?
You must submit a CSAR if there are any circumstances such as unusual orders or transactions which suggest that scheduled substances might be diverted to illegal manufacture of narcotic drugs or psychotropic substances.
For more information please see the Legislation and Submitting a Chemical Suspicious Activity Report sections.
What will happen if I don’t submit a CSAR?
If a person fails to submit a CSAR and there are any circumstances such as unusual orders or transactions which suggest that scheduled substances might be diverted to the illegal manufacture of drugs, there are penalties if found guilty for non-compliance as set by both the regulations. A person may be liable to-
- on summary conviction, imprisonment up to three months or a fine up to the statutory maximum or both;
- on conviction on indictment, imprisonment up to two years or a fine or both.
It is also an offence for a person to supply such a substance to another person knowing or suspecting that the substance is to be used in or for the unlawful production of a controlled drug. Any person that is found guilty of this offence is liable to-
- on summary conviction, imprisonment up to six months or a fine up to the statutory maximum or both;
- on conviction on indictment, imprisonment up to fourteen years or a fine or both.
For more information please see the Legislation section.
Who do I need to contact about getting a licence for scheduled substances?
Please see the Licensing and Regulatory Body for precursor chemicals (Home Office) section.
What is a Chemical Liaison Officer (CLO)?
Please see the Chemical Liaison Officers section.
How do I contact my local CLO?
Please see the Chemical Liaison Officers section.
I am a UK chemical company can I submit a CSAR to SOCA about an order or enquiry received from a foreign individual or company?
Yes - please submit your CSAR to SOCA CCT. See the Submitting a Chemical Suspicious Activity Report section.