Law Society of Scotland. Invitation to tender. Anti-money Laundering Compliance Framework. Responses required by 5pm, 12 January 2015

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1 J Law Society of Scotland Invitation to tender Anti-money Laundering Compliance Framework Responses required by 5pm, 12 January 2015 Page 1 28/11/2014

2 Commercial in Confidence The information contained in this document is provided on the understanding that its contents are confidential and should be kept secret by the recipient organisation named in the covering letter/ from the Law Society of Scotland. The actual information or the sense of the document must not be disclosed to any other organisation or individual, other than individuals in the direct employment of the recipient organisation or other organisation where direct integration is required. The recipient organisation shall take all steps to ensure that said individuals are made aware of this confidentiality requirement. It is the recipient s responsibility to dispose of this document securely at the end of the tender period. Any breach of this requirement shall entitle the Law Society of Scotland (or the Society as hereinafter defined) to be indemnified for any loss, which it suffers thereby and in addition the Society shall be entitled to seek interdict relief in respect of any breach. All costs incurred by tenderers in the process must be borne by the tenderers and not the Society. The Law Society of Scotland Established in 1949, the Society is the independent professional body for solicitors in Scotland. The Society promotes excellence across the solicitor profession through representation, support and regulation of its members. With a membership of over 11,000 members the Society represent both private practice and in-house solicitors. There are currently around 1,250 legal firms in Scotland. The sector employs a further 12,000 people and contributes 1.1bn annually to the Scottish economy. Background Money laundering compliance represents a significant challenge for solicitors in Scotland. The Society currently assists individuals and firms meeting Anti-Money Laundering (AML) obligations by: Operating a programme of compliance inspections which provide firms with an opportunity to have their procedures independently assessed and to act as catalyst for ongoing improvement Providing a confidential professional practice helpline to members regarding rule compliance Providing information and good practice guidance online Through Society and faculty CPD events We now wish to expand this support further by identifying a suitable partner organisation to help develop and deliver a comprehensive online AML compliance framework which will be endorsed and promoted by the Society. It is envisaged that members will be able to subscribe individually to the service. The purpose of this framework is to offer members a practical tool with built-in processes and procedures, with accompanying support, designed to assist legal firms complying with AML regulations. Page 2 28/11/2014

3 Framework requirements The Society is tendering for all aspects of development and delivery of an affordable online tool and accompanying support which will: Support member efforts to comply with all aspects of the Money Laundering Regulations including client identification, ongoing monitoring, risk assessment, record keeping, compliance monitoring, training, reliance, internal & external reporting Provide users with efficient money laundering compliance process including fully compliant record keeping and audit trail Offer online and telephone support Be fully compatible with any money laundering guidance (approved by HM Treasury) developed or adopted by the Society. (The Society has for some time adopted the guidance issued by the Joint Money Laundering Steering Group, but this position is currently under review) The Society would also hope that the successful provider would be able to participate more widely with various Society initiatives to promote money laundering compliance including participation at roadshows and the production of Journal articles on the subject. Timetable Tendering documents publicised from 1 Dec 2014 Closing date for tenders 12 January 2015 Shortlisted suppliers confirmed and contacted by 19 January 2015 Presentations w/c 26 January 2015 Society decision by 30 January 2015 Product/service in place and functional by March 2015 Tender submission Tender submissions should be limited to 12 pages and include a proposal outlining the online framework, financial model and timetable. Key points should include: Company background, key contacts and relevant experience, particularly focusing on any existing anti money laundering products. Outline of online framework including details of the tools and benefits to be made available to members and how the tools would work in practice. Details should include an implementation plan through to the point at which members can utilise the tools. Financial model including a clear statement of the proposed pricing structure for members and benefits for the Society Approach to risk management (e.g. data integrity, resolving service disruptions, impact of loss of key people) Quality standards and observance of best practice in terms of web accessibility. Compliance with diversity and equality legislation please complete Appendix 1 Questions on diversity and equality Page 3 28/11/2014

4 Tenderers must also include signed acceptance of the terms outlined in this document. Decision Process The tender submissions will be judged against three set criteria: Relevant experience Quality of framework Financial model Tender submissions will be considered initially by a Society panel: Neil Stevenson, Director of Representation and Support Ian Messer, Director of Financial Compliance Angus Maclauchlan, Marketing Manager Charlotta Cederqvist, Business Development Manager Coral Riddell, Head of Professional Practice Those meeting the criteria will be formally considered by the Society s Anti-money Laundering Advisory Panel. The decision of the Society on this tender is final and is not open to challenge. The contract for the provision of services will initially be for a 3 year period, with an option for a 2 year extension at the discretion of the Society. Please the tender response to: charlottacederqvist@lawscot.org.uk It is the responsibility of the tenderer to ensure documents arrive by the deadline. The Society will not accept any responsibility for late submissions. Please note that the Society will acknowledge safe receipt of submissions by . If this is not received within 24 hours of sending please call Charlotta Cederqvist on Page 4 28/11/2014

5 APPENDIX 1 QUESTIONS ON DIVERSITY AND EQUALITY 1. Does your organisation have an equality and diversity policy which covers recruitment, employment and training across all the strands of equality (age, disability, gender, marital status, race, religion and belief, sex, sexual orientation, pregnancy or maternity)? 2. Does your organisation have a policy on equal pay for equal value, supported by a transparent job grading structure? 3. Does your; organisation have an equality and diversity policy which covers the provision of goods and services across all the strands of equality (as above)? 4. Has your organisation had a discrimination claim taken against it by a prospective, current, or former employee in relation to any of the strands of equality (including on the issue of equal pay) within the last five years? 5. Has your organisation had a discrimination claim taken against it in relation to its provision of goods and services in respect of any of the strands of equality within the last five years? 6. Please provide details of how you can assist the Society in dispensing our public sector duties. In summary, those subject to the equality duty must, in the exercise of their functions, have due regard to the need to: Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. Advance equality of opportunity between people who share a protected characteristic and those who do not. Foster good relations between people who share a protected characteristic and those who do not. These are sometimes referred to as the three aims or arms of the general equality duty. The Act helpfully explains that having due regard for advancing equality involves: Removing or minimising disadvantages suffered by people due to their protected characteristics. Taking steps to meet the needs of people from protected groups where these are different from the needs of other people. Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low. Details: 7. How will you quantify and measure the potential differential impact of your product/service on different groups of users, with particular regard to the strands of equality (as above), and provide reporting to the Society? Details: END OF DOCUMENT Page 5 28/11/2014