MLR1PP8310 - Penalties Guidance: The additional starting penalty and different business sectors: Continued

The additional starting penalty for TCSPs and ASPs will therefore be calculated using standard scale charges determined by the number of relevant customers or clients who may have exposed the TCSP or ASP to money laundering, as a consequence of its breaches.

Compared to MSBs and HVDs the risks of money laundering for TCSPs and ASPs are relatively low. Despite this some of the products or services TCSPs and ASPs offer may fundamentally be high risk or some of their clients may be high risk. Factors such as a failure to identify these risks by the business together with a poor compliance history and an absence of suspicious activity reporting could be indicative of money laundering.

Under these circumstances a criminal investigation should be considered. See MLR1PP12160 

If there is no suspicion of money laundering but there are serious breaches where either TCSPs or ASPs have provided services to high risk businesses or large amounts of money are involved, consideration should be given to suspending the penalty framework. See MLR1PP7150 and MLR1PP12050