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Issue 1,
November 2004
Welcome to
the first edition of the Money Laundering Monitor (The
Monitor). The Monitor is an initiative of the Organized
Crime and Corruption Programme of the Institute for
Security Studies (ISS). The Monitor will be a periodical
publication and will focus on the following eastern and
southern African countries: Botswana, Kenya, Lesotho,
Malawi, Mauritius, Mozambique, Namibia, South Africa,
Swaziland, Seychelles, Tanzania, Uganda, Zambia and
Zimbabwe. Information on the Democratic Republic of
Congo and Angola will also be provided when available.
The Regional Overview section of the first issue of the
Monitor only covers legislative measures in all the
countries. Subsequent issues will cover general money
laundering developments in one or more countries at a
time.
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The
Monitor aims to provide decision makers with
reliable information based on research, analysis,
evaluation and monitoring, to enable them to
identify, control and combat money laundering.
This exercise requires an identification of
indicators of the incidence of money laundering
and an analysis of the predicate illicit
activities that yield proceeds for laundering.
These indicative factors assist in detecting the
incidence of money laundering of internally
derived, incoming and outgoing proceeds. The
Monitor however faces challenges related to the
availability and reliability of data, as well as
the lack of uniformity of legal and regulatory
changes. In some of the countries, there is no
legislative framework in place and no structures
exist to deal with money laundering.
The
Monitor acknowledges the difficulty of obtaining
information from the informal sector, which is
largely unregulated and amorphous. However, this
is an important sector, which could be exploited
for money laundering and to finance terrorism. The
Monitor will endeavour to share information
relating to developments in the informal sector
where it is accessible.
Since it was
coined to describe the notoriously sneaky
activities of entrepreneurial criminal syndicates
which mushroomed in the early part of the
twentieth century in the United States, the term
‘money laundering’‚ has developed to encompass all
acts to disguise or conceal the nature or source
of, or entitlement to money or property, or rights
to either, being money or property or rights
acquired from serious crime or corruption.
Through legislation, some countries have
extended money laundering to include proceeds of
all crime. Others perceive the fruits of any
unlawful activity to be launderable. In some
countries money laundering is defined
restrictively, and applied only to designated
activities. Following the well publicized
September 11 (2001) atrocities in the United
States, pressure is mounting to expand the concept
of money laundering to include dealings with money
or property that is intended to be used in
committing, or to facilitate the commission of
terrorism. If successful, this will shift the
focus to resources whose source may be legal, but
which are intended to support unlawful acts.
Increased efforts to combat money
laundering recognise the link between money
laundering and serious crime. Successful money
laundering activities not only enrich criminals
but also assist in funding more serious criminal
activity. Money laundering is closely linked to
economic crimes such as fraud, bribery,
corruption, exchange control violations, and tax
evasion. As activity located within the economic
environment, money laundering often has to utilize
mechanisms that are intended to serve the lawful
economy. It may therefore be classified as
economic activity. Money laundering is however, by
its very nature a clandestine activity, thus
making it difficult to quantify its scale and
frequency and to obtain accurate statistics on its
prevalence.
It is necessary at the outset
to clear some grey areas that tend to obscure
inquiry in this sphere. Money laundering activity
is not solely derived from criminal activity,
although on account of the limitations in many
definitions, this usually appears to be the case.
Furthermore, not all the funds laundered within a
country are derived from activities carried out
within it. Some (often indeterminate) proportion
of them will be introduced from outside the
country. By the same token, not all the funds
produced by illicit activities will be laundered
within the territory of their origin, as some (or
all) may be transmitted to foreign countries. This
point underscores the importance of studying the
avenues of asset transfer between countries. It
should also be pointed out that liquid assets in
the form of cash are not the only commodity that
is subject to laundering, as other valuable assets
have also been used in this manner.
Assessing the incidence of money
laundering involves researching crime, since one
cannot claim to analyze money laundering without
analyzing the predicate illicit activities that
yield proceeds for laundering. Four issues suggest
themselves in the enquiry:
• How much
unlawful activity (particularly, but not just,
economic crime) is there?
• How much profit
(not all proceeds) is made from these activities?
• How much of the profit is laundered?
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In what manner is it laundered?
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US$14m
COMMERCIAL BANK OF MOZAMBIQUE FRAUD
On
15 June 2004, a Mozambican court handed down
judgment in the country’s biggest bank fraud.
Seven of fifteen people originally on trial for
the $14m fraud were convicted while eight were
acquitted for lack of evidence. The court found
that in early 1996, several members of the Satar
family and Vincente Ramaya, manager of the branch
of the Commercial Bank of Mozambique (BCM) in the
Maputo suburb of Sommerschield, conspired to
defraud the bank. The Conspiracy also included
four other people who had provided chequebooks for
the use of the two Satar brothers, Asslam and
Nini. The two brothers and Vincente Ramaya are
currently serving long prison sentences for the
murder in November 2000 of investigative
journalist, Carlos Cardoso. At the time of his
murder, Cardoso was editor of the Metical and he
had been probing and reporting on alleged
irregularities at BCM.
Six months before
the privatisation of BCM, accounts were opened in
the Sommerschield branch in the names of several
members of the Satar family and two companies.
Between 26th March and 9th August 1996, up to
sixty-seven cheques, with a value of 144 billion
meticais (US$14m) were deposited into these
accounts. The cheques were drawn on accounts that
contained little or no money. Vincente Ramaya
intervened to credit the cheques to the Satar
accounts, the money was withdrawn from the bank
and much of it changed into foreign currency. Part
of the funds from the BCM fraud was laundered
through a bank in London. There is speculation
that Nini Satar, who operated a loan-sharking
business had used the money stolen from BCM as
initial capital for this business.
The BCM
case illustrates how banking procedures were
flouted to facilitate fraud and theft in the
absence of due diligence to verify the identities
of bank customers. The case also highlights the
significance of widening the form of intention
required for money laundering beyond the ordinary
form required for fraud. The evidence revealed
that Nini Satar used a currency exchange bureaux,
Unicambios, which belonged to his brother Ayob
Satar, to convert the meticais stolen from the BCM
into hard currency. Although Ayob was found to
have received cheques totalling 1.5 billion
meticais from his brother, it was not established
that he was aware of the criminal origins of the
money, and he was acquitted. The court also
acquitted a Unicambios employee, who had opened an
account at the Polana suburb branch of the BCM,
even though this account had been used by Nini
Satar to move the stolen money out of the
Sommerschield accounts to Unicambios. The court
found that it had not been proved that he knew
about the illicit origins of the money.
<<< Read More
>>> |
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IS
SOUTH AFRICA A DESTINATION FOR LAUNDERED FUNDS?
Media
reports have linked prominent African politicians
and their families to the purchase of up-market
properties in Cape Town and Johannesburg. It was
reported that Equatorial Guinea President Teodoro
Obiang Nguema’s family had purchased property in
Cape Town for about 50 million Rand (US$7,6m). A
report by Joe Sinclair states that these purchases
come at a time when a United States federal grand
jury is said to be investigating a corporate bank
account allegedly under Nguema’s control. United
States oil companies are said to have invested
heavily in Equatorial Guinea. There have been
calls for the Financial Intelligence Centre to
investigate the purchase of the properties. In
terms of the Financial Intelligence Act, 2001,
estate agents are required to report transactions
that they suspect involve proceeds of unlawful
activities.
<<< More in The Star of 25
June 2004 >>> |
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Another
related story involves two cabinet ministers from
the Democratic Republic of Congo who are accused
by the United Nations of looting the DRC’s mineral
wealth. Bonny Schoonaker and Mzilikazi Wa Afrika
reported that two ministers, who have been
identified as Jean-Charles Okoto, DRC Planning
Minister and Mwenze Kongolo, DRC Justice Minister
are alleged to have a network of assets in South
Africa. Two South African businessmen who have
successfully sued the government of the DRC
exposed the two. The two businessmen have been
granted court orders in South Africa that entitle
them to seize any assets which belong to the DRC
located in any one of at least eight countries.
These countries are South Africa, the US,
Switzerland, Belgium, Israel, the UK, Namibia and
Zambia. A Falcon jet and cobalt ore have already
been sold by auction in realization of these court
orders. Several aircraft in Zambia and wine farms
in South Africa have also been identified for
seizure.
<<< More in Sunday Times of
20 June 2004 >>> |
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In
March this year it was reported that the Zimbabwe
finance minister, Chris Kuruneri, was facing
charges of violating foreign currency control
laws. This was after Bonny Schoonakker and the
Sunday Times Foreign Desk revealed that Kuruneri
had acquired up-market property in a Cape Town
suburb to the value of ZAR30 million (US$4 615
384.60). It was alleged that Kuruneri had
unlawfully withdrawn ZAR5.2 million (US$800, 000)
from a bank in Zimbabwe and passed on the money to
a firm of attorneys in Cape Town, to invest in the
city’s residential property market.
<<< More in Sunday Times of
21 March 2004 >>> |
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Anecdotal
evidence abounds about the transmission of
disposable funds between countries in the region
that occasionally circumvents the formal system.
It has emerged that, since the 1980s, significant
quantities of money have been transmitted and used
in South Africa. Source countries noted include
Angola, the DRC, Malawi, Mozambique (from the
1970s, especially around the advent of Frelimo
rule), Zambia and Zimbabwe. The trend does not
seem to have abated, even with the advent of the
Prevention of Organized Crime Act (1998) and the
Financial Intelligence Centre Act (2001) in South
Africa. Part of the reason is that the factors
that encourage the trend have remained virtually
intact. In certain cases developments in the
source countries have increased the flow. Asset
flows to South Africa are influenced by:
-- The scope for investment in residential
property. With the exception of Botswana, Lesotho,
Swaziland and Zimbabwe, the average price of good
quality residential property in South Africa is
relatively lower than in other parts of the
region. This oddity is probably attributable to
the creeping dollarization of economies in
Southern Africa. In addition, the prevailing
security of property rights in South Africa is
rather less fragile than it is in some other parts
of the region.
-- The existence of
educational facilities. South Africa has a variety
of institutions offering tertiary education and
training in English, which is internationally
marketable. On account of shifts in funding
policies, some institutions are desperate for
patronage by foreign students. This creates a
niche that can be exploited by illicit investment
in education.
-- Imbalances in the
availability of essential commodities, such as
medical drugs, construction equipment and
materials. This provides opportunities for the
conversion of illicit funds into re-saleable
assets in countries such as the DRC, Zambia and
Zimbabwe.
-- The abundance of hard
currency, and the ease with which it can be
obtained beyond the borders of South Africa, which
is in turn attributable to the lack of faith in
state capacity or efficiency. This translates into
a lack of faith in local currencies, low use of
local financial institutions, and a predatory
relationship with the local economy. The
ubiquitous bureaux de change open up numerous
opportunities for the acquisition of hard currency
in an unregulated manner, or by false pretences.
These practices have been reported in Malawi,
Mozambique, Tanzania, Zambia and Zimbabwe on a
continuing basis.
-- The presence in South
Africa of a relatively developed financial system
and safe investment climate/environment. This
factor is self explanatory, and related to the
last.
-- The presence of migrant
communities across national borders enriches the
environment for the transmission of resources
between the respective countries, often informally
and with no recourse to the financial institutions
and regularly in violation of currency movement
control laws. An example is the spread of the
Lundas in Angola, the DRC and Zambia, the Tutsi in
Rwanda, Uganda and the DRC, the Venda in South
Africa and Zimbabwe, or the Chewa-speaking
communities on either side of the Malawi/Zambia
border. In addition, dual nationality eases
movement between the countries, and makes it
difficult to regulate currency transmission.
... AND IN KENYA - THE GOLDENBERG
SCANDAL
Evidence of high- level corruption
has emerged in the on going judicial Commission
into the Goldenberg scandal in Kenya. The
Goldenberg scandal revolves around ghost mineral
exports and allegations before the Commission
implicate former President, Daniel Arap Moi in the
scandal. The Goldenberg scandal comprised a series
of financial scams apparently masterminded by a
Nairobi entrepreneur, Kamlesh Pattni. The
Goldenberg scams of the early 1990s are believed
to have caused the state approximately US$500
million. Those implicated in the scam included the
country’s vice-president, a governor of the
Central Bank of Kenya, the Commissioner of Geology
and Mines, a permanent secretary, the head of
national security intelligence and Pattni. A
commission of enquiry was established to enquire
into the scam. Mr. Pattni told the commission how
he gave President Moi 11 Million Shillings (US$
152,000) in cash from Goldenberg profits. Mr.
Pattni also revealed how documents were falsified
to hide Former President Moi’s shareholding in the
Grand Regency Hotel. The full extent of the amount
of money involved in the Goldenberg scandal has
not yet been established.
<<< Money Laundering
Patterns in Kenya >>> |
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ARABS
CREATE REGIONAL GROUP TO FIGHT MONEY LAUNDERING
The
first regional organization in the Middle East and
North Africa to fight money laundering to be
called, MENAFATF, is to be formed at a Ministerial
meeting to be held in Bahrain on 29th-30th
November 2004. It is said that the organization
could be a vital tool to pursue terrorist money
that flows outside traditional banking channels
through an ancient system known as hawala, which
is also important in sending money from workers
scattered around the globe to relatives in the
region.
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FATF
ISSUES SPECIAL RECOMMENDATION IX
The
Financial Action Task Force (FATF) has passed a
new measure, Special Recommendation IX at its
meeting of 20th-22nd October 2004 held in Paris.
The new measure calls on countries to put in place
measures to detect cross-border movement of
currency and bearer negotiable instruments.
Countries are urged to ensure that competent
authorities are enabled to stop, freeze and
confiscate currency and bearer negotiable
instruments linked to terrorist financing or money
laundering.
<<< FATF Web Site
>>> |
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BOTSWANA
The
Proceeds of Serious Crime Act of 1990 criminalises
money laundering related to all serious crimes.
The Act authorises the confiscation of assets
linked to terrorist financing. In terms of the
Banking Act of 1995, the Bank of Botswana may
revoke the license of a bank that has been
convicted by any court of competent jurisdiction
of an offence related to the use or laundering of
illegal proceeds. Botswana has also enacted the
Banking (Anti-Money Laundering) Regulations, which
prohibit the keeping of anonymous accounts,
require verification of customers’ identities and
the reporting of suspicious transactions.
Botswana licenses offshore banks and
businesses. Applicants for offshore banking and
businesses, as well as their directors and senior
management have to undergo background checks.
Directors are further subject to the ‘fit and
proper test’‚ as required under the Banking Act of
1995. Bank supervisory standards applicable to
domestic banks apply to offshore banks as well.
Anonymous directors are prohibited as well as
offshore trusts.
Relevant Legislation:
+ BANKING ACT, 1995
+ MUTUAL
ASSISTANCE IN CRIMINAL MATTERS ACT, 1990
+
PROCEEDS OF SERIOUS CRIME ACT, 1990
<<< Organized Crime in
Botswana >>> |
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KENYA
Kenya
is regarded as an important trans-shipment and
repackaging centre for narcotics trafficking by
virtue of its geographic position between Asia,
which is a major source of narcotics and Europe
and North America.
The Narcotic Drugs and
Psychotropic Substances (Control) Act of 1994
criminalizes money laundering related to narcotics
trafficking. Money laundering offences are
punishable by imprisonment for up to 14 years.
Kenya has a draft anti-money laundering
bill. The Central Bank of Kenya issued regulations
in 2000 that require financial institutions to
verify the identity of their customers and to
report suspicious transactions and maintain
records of large cash transactions involving
amounts greater than 100,000 Shillings (US$1,400).
The regulations do not cover non-bank financial
institutions, such as money remitters, casinos, or
investment companies.
Relevant
Legislation:
+ ANTI-CORRUPTION AND
ECONOMIC CRIMES ACT, 1994
+ DRUGS AND
PSYCHOTROPIC SUBSTANCES (CONTROL) ACT, 1994
<<< Money Laundering
Patterns in Kenya >>> |
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LESOTHO
Lesotho
currently has no legislation criminalising money
laundering or terrorist financing. The country has
a draft Money Laundering and Proceeds of Crime
Bill, which is expected to be tabled before
Parliament in 2005.
The Central Bank of
Lesotho issued Anti-Money Laundering Guidelines in
2000 that require banks in Lesotho to verify the
identity of their customers, to report suspicious
transactions and to report all large cash
transactions exceeding 100,000 Maloti
(approximately $16,000) to the Central Bank of
Lesotho. The Government of Lesotho has created a
multi-sectoral committee to assist in the
implementation of UN Security Council Resolution
1373 (2001).
Relevant Legislation:
+ PREVENTION OF CORRUPTION AND
ECONOMIC OFFENCES ACT, 1999 |
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MALAWI
Malawi
does not specifically criminalise money laundering
or terrorist financing. The country has a draft
Money Laundering and Proceeds of Serious Crime
Bill. The Reserve Bank of Malawi has the legal
authority to identify and freeze assets suspected
of involvement in terrorist financing. Financial
institutions in Malawi are required to record and
report the identity of customers making large
transactions and such records have to be
maintained for seven years. Banks in Malawi are
allowed to, but have no obligation to submit
suspicious transaction reports to the Reserve Bank
of Malawi. The banks also sell bearer certificates
which factor makes them susceptible to money
laundering.
Relevant Legislation:
+ MUTUAL LEGAL ASSISTANCE IN CRIMINAL
MATTERS ACT, 1991
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MAURITIUS
Money
laundering is an offence in Mauritius. The
Financial Intelligence and Anti-Money Laundering
Act of 2002 provides for the establishment of a
financial intelligence unit (FIU) that became
operational in 2002. The Act also imposes
penalties for money-laundering offences, provides
for cooperation with FIUs of other countries and
establishes suspicious activity reporting
obligations for banks, financial institutions,
cash dealers and relevant professions. The FIU
collects and analyses suspicious activity reports
and forwards them to the Independent Commission
Against Corruption (ICAC) and the police. The ICAC
has the power to investigate money-laundering
offences and to freeze and seize assets related to
money laundering.
Mauritius has an active
offshore financial sector. The Financial Services
Development Act of 2001 established the Financial
Services Commission (FSC), which is responsible
for the licensing and regulation of the non-bank
financial sector. The FSC reviews all applications
to form offshore companies and supervises their
activities. In 2002 Mauritius enacted the
Prevention of terrorism Act to criminalise
terrorist financing. In terms of the Act, the
Government of Mauritius has power to track and
investigate terrorist-related funds, property, and
assets.
Relevant Legislation:
+
PREVENTION OF TERRORISM ACT, 2002
+
FINANCIAL SERVICES DEVELOPMENT ACT, 2001
+ FINANCIAL INTELLIGENCE AND
ANTI-MONEY LAUNDERING ACT, 2002 |
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NAMIBIA
The
country’s Prevention Of Organised Crime Bill was
passed in the National Assembly on 12 October
2004. The Bill aims to criminalize money
laundering, to combat organized crime and criminal
gang activities. Namibia also has a draft
Financial Intelligence Centre Bill. Banks in
Namibia are required to report suspicious
transactions to the Central Bank and to record and
report the identity of customers undertaking large
transactions. Banks and other financial
institutions are required to maintain records
related to large transactions and to make them
available to government authorities for use in
narcotics-related and other criminal
investigations.
Relevant Legislation:
+ BANKING INSTITUTIONS ACT, 1998
<<< Money Laundering
Control in Namibia >>> |
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SEYCHELLES
Seychelles
has a developed offshore financial sector that is
dedicated to increasing foreign exchange earnings.
Seychelles allows the registration of non-resident
companies that do not pay tax in Seychelles, are
not subject to foreign exchange control and do not
have to file annual reports. It also permits the
issuance of bearer shares which can facilitate
money laundering, as it is difficult to identify
the beneficial owners. Seychelles also permits
offshore trusts, offshore insurance companies, and
offshore banking.
The International
Corporate Service Providers Act regulates all
activities of corporate service providers as well
as the trustee service providers. It further
strengthens existing legislation regarding due
diligence and know your customer rules. The
Anti-Money Laundering Act criminalises the
laundering of funds from all serious crimes and
requires financial institutions and individuals to
report to the central bank transactions involving
suspected money laundering. The law also imposes
record keeping and customer identification
requirements for financial institutions and
provides for forfeiture of proceeds of crime.
Money Laundering controls under the Act are
applied to non-bank financial institutions,
including exchange houses, stockbrokers, casinos
and insurance agencies.
Relevant
Legislation:
+ INTERNATIONAL CORPORATE
SERVICE PROVIDERS ACT, 2003
+ ANTI-MONEY
LAUNDERING ACT, 1996
+ MUTUAL ASSISTANCE
IN CRIMINAL MATTERS ACT, 1995
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SOUTH
AFRICA
South
Africa has a relatively sophisticated banking and
financial sector as well as a large cash-based
market. Crimes related to money laundering in
South Africa are narcotics and abalone smuggling,
corruption, fraud, vehicle theft, currency
speculation, illicit dealings in precious metals
and diamonds, arms and human trafficking and
smuggling. The Prevention of Organised Crime Act,
1998, criminalizes money laundering in South
Africa. A fine of R100 million (US$15m) or
imprisonment for up to 30 years may be imposed
upon violation of the Act. The Act also provides
for criminal and civil forfeiture.
The
Financial Intelligence Centre Act (FICA)
established the Financial Intelligence Centre
(FIC), and the Money Laundering Advisory Council
to advise the Minister of Finance on policies and
measures to combat money laundering. The Financial
Intelligence Centre receives, analyzes and
disseminates suspicious transaction reports. It
also acts as a centralised repository of
information and statistics on money laundering.
FICA requires accountable institutions, which
include a wide range of financial institutions and
businesses to identify customers, maintain records
of transactions for at least five years, appoint
compliance officers to train employees to comply
with the law, and report suspicious and unusual
transactions. Accountable institutions include
companies and businesses considered vulnerable to
money laundering activities, such as banks, life
insurance companies, foreign exchange dealers,
casinos, real estate agents, lawyers and
accountants.
South Africa has a pending
Protection of Constitutional Democracy Against
Terrorist and Related Activities Bill of 2004.
As regards international co-operation, the
International Assistance in Criminal Matters Act
(1996) sets out the framework.
Relevant
Legislation:
+ FINANCIAL INTELLIGENCE CENTRE ACT,
NO 38, 2001 |
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SWAZILAND
The
Money Laundering (Prevention) Act of 2001
criminalizes money laundering for specified
predicate offences. The penalty for money
laundering is six years‚ imprisonment or a fine
amounting to approximately US$3,500, or both.
The Act establishes a currency reporting
requirement, requires banks to report suspicious
transactions to the Central Bank of Swaziland and
sets out conditions under which assets may be
frozen and forfeited. The Act also requires banks
to retain records for five years to improve the
ability to trace suspicious transactions and
patterns.
Relevant Legislation:
+
MONEY LAUNDERING (PREVENTION) ACT, 2001
+
PREVENTION OF CORRUPTION ORDER, 1993
<<< Organized Crime in
Swaziland >>> |
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TANZANIA
The
Proceeds of Crime Act, 1991 criminalizes
narcotics-related money laundering but focuses on
corruption and drug trafficking more than on money
laundering. Financial institutions are required to
maintain records of financial transactions in
excess of 10,000 shillings (approximately US $109)
for 10 years. Reporting of suspicious transactions
is not mandatory, and may be communicated to
police where there are reasonable grounds to
believe that a transaction relates to money
laundering. Employees of financial institutions
are protected from liability for reporting of
suspicious transactions.
The Prevention of
Terrorism Act, 2002 criminalizes financing of
terrorism. Tanzania has established a
multi-disciplinary committee on money laundering
and a drafting committee that are preparing a
review of existing laws and developing
comprehensive money laundering legislation.
In the absence of specific legislation
against money laundering, the Bank of Tanzania
uses Circular Number 8 (2001) to regulate
commercial banks.
Relevant Legislation:
+ PREVENTION OF TERRORISM ACT, 2002
+ MUTUAL LEGAL ASSISTANCE IN CRIMINAL
MATTERS ACT, 1991
+ PROCEEDS OF CRIME ACT,
1991
+ CIRCULAR NO 8 (2001) |
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UGANDA
Uganda
has no specific anti-money laundering legislation.
The Bank of Uganda has issued ‘Know Your Customer’
guidelines in terms of which banks are required to
verify customers’ identities, report suspicious
transactions and cash transfers of at least
$100,000. Alternative remittance systems and
foreign exchange bureaus are however widely used
in Uganda and are generally unregulated. Uganda
has prepared a comprehensive anti-money laundering
bill that will criminalize money laundering for
all serious crimes, and this bill is expected to
be passed by Parliament in 2005.
Relevant
Legislation:
+ THE INSPECTION OF
GOVERNMENT ACT, 2002
+ TERRORISM ACT, 2000
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ZAMBIA
Major
sources of laundered funds in Zambia are said to
be proceeds of narcotics transactions and public
corruption, as well as bulk cash smuggling. The
Prohibition and Prevention of Money Laundering
Act, 2001 criminalizes money laundering. The Act
increases penalties for financial crimes, requires
financial institutions to report suspicious
transactions and retain transaction records for
ten years. It also allows seizure of assets
related to money laundering and increases the
investigative and prosecutorial powers of the Drug
Enforcement Commission (DEC). The Act establishes
the Prohibition and Prevention of Money Laundering
Authority that is responsible for formulating,
overseeing and implementing policies to prevent
and detect money laundering. The Authority is
chaired by the attorney general and includes the
heads of principal law enforcement agencies, the
Revenue Authority, the Anti-Corruption Commission
and the Central Bank. An anti-money laundering
investigations unit was established under the DEC
and is responsible for investigating money
laundering offences and acts as the enforcement
arm of the Anti-Money Laundering Authority.
Relevant Legislation:
+ NARCOTIC
DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1993
+ MUTUAL LEGAL ASSISTANCE IN CRIMINAL
MATTERS ACT, 1993
+ DANGEROUS DRUGS
(FORFEITURE OF PROPERTY) ACT, 1989
+ PROHIBITION AND PREVENTION OF
MONEY LAUNDERING ACT, 2001 >>> |
|
ZIMBABWE
The
Serious Offences (Confiscation of Profits) Act
criminalizes money laundering and provides for
confiscation and forfeiture of assets. A person
convicted of money laundering can be imprisoned
for up to 15 years. The Central Bank of Zimbabwe
issued the Money Laundering Guidelines for Banking
Institutions in 2002, to provide for verification
of customers’ identities and the reporting of
suspicious transactions to the Reserve Bank of
Zimbabwe. The Prevention of Corruption Act
empowers the Minister of Justice to freeze bank
accounts linked to money laundering.
Relevant Legislation:
+ BANK USE
PROMOTION AND ANTI-MONEY LAUNDERING ACT, 2003
+ CRIMINAL MATTERS (MUTUAL ASSISTANCE)
ACT, 1990
+ SERIOUS OFFENCES (CONFISCATION
OF PROFITS) ACT, 1990
+ PREVENTION OF
CORRUPTION ACT, 1990
<<< Organized Crime in
Zimbabwe >>> |
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•
8-10 December 2004: ISS Seminar on Money
Laundering in Eastern and Southern Africa -
Nairobi, Kenya.
To have details of money
laundering meetings, conferences, seminars,
publications and other developments included in
future issues of the Monitor, please send an
e-mail message with details of contact persons to
Nomzi Gwintsa:
<<< [email protected]
>>> |
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This
publication is sponsored by the Royal Norwegian
government. The scope and content should not
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ABOUT
THE ISS
The
Institute for Security Studies (ISS) is an applied
policy research organisation with a mission to
conceptualise, inform and enhance the human
security debate in Africa.
The Money
Laundering Monitor is produced by the Money
Laundering component of the ISS Organized Crime
and Corruption Programme based in Cape Town, South
Africa.
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EDITORIAL
TEAM:
Charles Goredema (Senior Research Fellow:
Organized Crime and Corruption)
[email protected]
Mokhibo Nomzi Gwintsa (Researcher: Organized
Crime and Corruption)
[email protected]
Tel: (+27 21) 461 7211
(c) 2004:
Institute for Security Studies
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