Michael Polak speaks on ESG Panel at IBA’s Transnational Crime Conference in Santiago

On 15 May 2025, Michael Polak spoke at the International Bar Association’s Transnational Crime Conference on a panel titled ‘Supply Chain and Criminal Offences’.

Michael spoke about the Court of Appeal’s decision in World Uyghur Congress v National Crime Agency, in which the Court clarified the reach of proceeds of crime legislation, the Proceeds of Crime Act 2002, in relation to materials produced through the crimes of slavery and crimes against humanity against the Uyghur people.

In that case, the Court held that a requirement that one must be able to prove that goods are criminal property before a decision to investigate would be taken by the NCA, was wrong. Further, the Court clarified that the ‘adequate consideration’ provision which was previously thought to cleanse proceeds of their criminal nature once a proper price had been paid for them:

• Was an exemption rather than a defence, which exempted those who would otherwise be guilty under s329 of POCA 2002 for acquiring, using, or being in possession of criminal property, from criminal liability;
• Did not affect the nature of the property as criminal;
• Only applied to the offence under s329 but did not apply to the other POCA offences under s32 of s327, concealing, disguising, converting, transferring, or removing criminal property from the jurisdiction, or s328 entering or becoming concerned in an arrangement with knowledge or suspicion that this facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person; and
• Does not break the chain, in that even if one person could avail of the exemption, when the product and/or profits were bought for adequate consideration, they would then be guilty if they then transferred the goods and/or profit as would those further down the chain who had knowledge or suspicion that the goods were criminal property.

Michael explained that the case meant that companies who may be affected must submit a Suspicious Activity Report (SAR) to the NCA with a request for a Defence Against Money Laundering (DAML) to seek to avoid criminal liability.

The panel was co-chaired by Ross Dickson and Margot Laport and included Indian lawyer Chirag Naik, Chilean lawyer Yoab Bitran, and German lawyer Dr Oliver Pragal.

Michael can be instructed in all matters concerning supply chains, international criminal law, and human rights law both domestically or internationally, as well as all other international law matters by contacting his clerks by phone (+44 (0)20 7936 3637) or email (clerks@churchcourtchambers.co.uk).