DAML — Defence Against Money Laundering — UK guide
When to file a DAML, the 7-day notice period, the 31-day moratorium, what to include in the submission, and five common DAML mistakes.
By Mehmood Rajoka · Last updated 2026-06-08
TL;DR — Quick Summary
- •A Defence Against Money Laundering (DAML) — often called a 'consent SAR' — is a request to the National Crime Agency under POCA s.335 (or s.336 for terrorism) for permission to undertake an act that would otherwise be a principal money laundering offence.
- •Without DAML approval, completing the transaction would expose the firm and the responsible individuals to POCA ss.327-329 prosecution — up to 14 years' imprisonment.
- •The NCA has 7 working days (the 'notice period') to refuse consent. Silence is implied consent — if no response by the end of working day 7, the firm can proceed.
- •A refusal triggers a 31-day 'moratorium period' during which the transaction is paused. The NCA uses the moratorium to investigate or coordinate with law enforcement. After moratorium, the firm can proceed unless further restraint orders are obtained.
- •DAMLs are submitted via the same SAR Online portal as regular SARs, with the 'request for a defence' marker selected. The submission must explain the suspected criminal property, the proposed act, and the specific defence sought.
Answer-first summary
What is a DAML?
A Defence Against Money Laundering (DAML), sometimes called a 'consent SAR', is a request to the National Crime Agency under POCA s.335 for permission to undertake an act that would otherwise be a principal money laundering offence. Without DAML approval, completing the transaction would expose the firm to POCA ss.327-329 prosecution. The NCA has 7 working days to refuse consent. Silence is implied consent — if no response by the end of working day 7, the firm can proceed. A refusal triggers a 31-day moratorium period during which the transaction is paused.
- Consent SAR under POCA s.335
- 7-day notice period — silence = implied consent
- 31-day moratorium if NCA refuses
- Filed via SAR Online with 'request for a defence' marker
When DAML applies
Three conditions must hold for DAML to be the right route:
Knowing or suspecting criminal property is involved
The firm has knowledge or suspicion that money or other property involved in a transaction it would otherwise need to complete is the proceeds of crime. Completing without consent would risk POCA ss.327-329 prosecution.
The transaction would otherwise be a principal offence
DAML applies where the proposed act would itself constitute concealing (s.327), an arrangement (s.328), or acquisition/use/possession (s.329). It is not needed for acts that fall outside the principal-offence definitions.
Defences other than consent are not available
If the firm can rely on the adequate-consideration defence (s.329(2)(c)) or authorised disclosure (s.338) the standard SAR route may be enough without DAML. DAML is the consent-specific defence under s.335.
The DAML timeline
Maximum 7 working days notice + 31 calendar days moratorium — approximately 6-7 weeks worst case:
DAML submitted
Firm submits via SAR Online with 'request for a defence' marker. Must include suspected criminal property, proposed act, defence sought.
Notice period
NCA reviews. May contact the submitter for clarification. The firm holds the transaction during this period.
Implied consent OR refusal
If NCA hasn't responded by the end of working day 7, consent is implied — firm can proceed. If NCA refuses, the moratorium period begins.
Moratorium period (31 days)
Transaction paused. NCA investigates or coordinates with law enforcement. May seek restraint orders, account freezing orders, or further investigation powers.
Proceed (or new restraint)
Unless further restraint orders have been obtained, the firm can proceed at the end of the moratorium. If restraint orders are in place, those replace the DAML restriction.
What to include in a DAML submission
Eight elements the NCA needs to assess the request:
- Subject details — the client whose transaction is concerned (name, DOB, address, business name)
- Suspected criminal property — what funds or assets are involved, why they are believed to be criminal property
- Predicate offence — what underlying criminal conduct generated the property (where known or reasonably suspected)
- The proposed act — what specifically the firm is asking consent to do (complete a transaction, transfer funds, register a property)
- The defence sought — which principal offence(s) under POCA the firm needs consent against
- Source of suspicion — what triggered the suspicion (KYC inconsistency, transaction pattern, adverse media, etc.)
- Linked relationships — other parties in the transaction whose conduct may be relevant
- Operational urgency — any genuinely time-critical aspect that the NCA should be aware of
Five common DAML mistakes
Filing a DAML when a standard SAR would have sufficed
DAML is the consent route — it pauses the transaction. Where the firm is not under pressure to complete (the funds are sitting, no party is demanding settlement), a standard SAR under s.338 may be enough to provide the authorised-disclosure defence.
Submitting after completion
DAML provides a defence against a future act. Once the firm has acted, retrospective consent is not available. If suspicion arose only after completion, the route is a standard SAR — and consideration of whether the post-act conduct creates additional exposure.
Vague proposed-act description
The DAML must specify the act. 'Permission to continue acting' is insufficient; 'permission to complete the property purchase at £X and transfer funds to vendor solicitor at Y' is what the NCA needs. Vague applications are returned for resubmission, costing days.
Treating implied consent as automatic
Implied consent attaches only where the NCA has not responded within 7 working days. The firm must check — a phone call, a Confirm-Receipt query — at the end of day 7 before proceeding. Acting before confirming silence has been received is a known operational error.
Tipping off during the DAML window
The client may notice that the transaction is delayed. Routine communications during the DAML window must avoid implying that suspicion exists or that a SAR has been filed. POCA s.333A tipping off applies the moment the firm starts considering the SAR — not just after submission.
FAQ
Answer-first summary
What is a Defence Against Money Laundering (DAML)?
A Defence Against Money Laundering (DAML), sometimes called a 'consent SAR', is a request to the National Crime Agency under POCA s.335 (or s.336 for terrorism) for permission to undertake an act that would otherwise be a principal money laundering offence. Without DAML approval, completing the transaction would expose the firm and the responsible individuals to POCA ss.327-329 prosecution — up to 14 years' imprisonment. The NCA has 7 working days to refuse; silence is implied consent.
Answer-first summary
When do I need a DAML rather than just a SAR?
A standard SAR provides the authorised-disclosure defence under POCA s.338 — sufficient where the firm has reported suspicion but is not about to do anything that would itself be a principal offence. A DAML is needed where the firm is about to do something that would be a principal offence — typically because it has a pending transaction it would otherwise have to complete. If the firm is not under pressure to act, a standard SAR may be enough. If completion is imminent and refusal could itself create POCA exposure, DAML is the route.
Answer-first summary
How long does a DAML take?
The NCA has 7 working days (the 'notice period') to refuse consent. If they don't respond, consent is implied and the firm can proceed at the end of day 7. If they refuse, the 31-day 'moratorium period' begins, during which the transaction is paused. After moratorium, the firm can proceed unless further restraint orders have been obtained. The maximum total wait is 7 working days (notice) + 31 calendar days (moratorium) = approximately 6-7 weeks worst case.
Answer-first summary
What does 'implied consent' mean?
Implied consent attaches where the NCA has not responded with a refusal by the end of the 7-working-day notice period. The firm can then proceed with the proposed act and rely on the s.335 defence as if explicit consent had been given. In practice, firms should confirm receipt and absence of response before proceeding — silence-based assumptions without verification are a known operational error. Implied consent does NOT extend to any acts outside the specific act submitted in the DAML.
Answer-first summary
What happens during the moratorium period?
During the 31-day moratorium, the transaction is paused. The NCA uses the period to investigate, coordinate with law enforcement, consider restraint orders or account freezing orders, or further intelligence work. At the end of the moratorium, the firm can proceed unless restraint orders have been obtained. The firm cannot tell the client that a moratorium is in place — tipping off under s.333A continues to apply. Routine 'further checks needed' communication may be used cautiously.
Answer-first summary
Can I extend a DAML or apply for further consent?
Each DAML covers a specific act. If circumstances change (the proposed transaction changes, additional related transactions emerge, the suspicion broadens), the firm may need to file a further DAML for the new act. The original DAML does not automatically extend. Where the situation is evolving rapidly, the firm should keep the NCA informed via the original submission's reference and submit fresh DAMLs for each material change.