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Money laundering and terrorist financing - The new law presented to actors

18/09/2019
Source : Agence de Presse Sénégalaise (Dakar)
Categories: General Information

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<span class="fontstyle2">blancification of capital and terrorist financing (AML/CFT) have taken
participates in a workshop on the application of the new law dedicated to this form of crime, noted the APS,
Tuesday, in Thiès (west).
Magistrates, police officers, gendarmes, bankers and heads of
Civil society participated in this meeting organized by the National Information Processing Unit
financial (CENTIF).
The work focused on the place of CENTIF in the national system to combat
blanchiment de
capital and the financing of terrorism.
Discussions also revolved around the implementation of taxable persons' obligations in relation to
of AML/FT.
The role of the Coordinating Committee for Actions against <
span class="fontstyle2">blancification ofcapital and financing
of terrorism was addressed.
"Practical cases" of
blanchiment of capital and terrorist financing were presented by the
CENTIF.
The National Financial Information Processing Unit holds workshops in several cities across the country
since mid-June, as part of a national awareness campaign on AML/CFT.
The purpose of CENTIF, according to its president, Ramatoulaye Gadio Agne, is to help those subject to the
> blanchiment of capital and terrorist financing to "bring itself up to standards
international".
These taxable persons include banks, stock exchange companies, insurance companies and foreign exchange dealers.
It also includes legal and accounting professionals (lawyers, notaries, accountants and
tax specialists), real estate companies, actors in the trade in works of art and actors of the world
sports.
According to Modou Fall Kane, an analyst at CENTIF, Senegal's new AML/CFT law, which dates from February
2018, was developed on the basis of a recommendation of the Financial Action Task Force (FATF), a body
intergovernmental dedicated to this issue.
It grants "an extended right of communication" to CENTIF, he says. In other words, this law expands the
prerogatives of the state unit responsible for financial information.
The law provides "enormously" opportunities for CENTIF to collaborate with judicial authorities,
tax and customs administration and other sectors of activity, according to Ramatoulaye Gadio Agne.
"This collaboration is well supervised, to comply with the obligation of confidentiality and disclosure"
financial information, according to the
blanchiment of capital and the financing of the
terrorism.
 

Before the entry into force of the February 2018 AML/CFT Act, a "very limited" category of actors had
the possibility of referring the matter to CENTIF. Now this cell can be seized by a panoply of actors, said
its managers during the workshop of Thiès.
"Today, a governor or prefect can seize the CENTIF" to inform it of alleged facts of

blanchiment of capital or terrorist financing.
This new provision of the law "constitutes a source of information" for CENTIF, according to the director of
legal cases of the cell against the
blanchiment decapital, Mouhamadou Bamba Niang.
CENTIF has a network of correspondents made up of 12 state structures including the police, the
gendarmerie, customs, taxes and estates, the Public Treasury and the directorate in charge of partnership with
non-governmental organizations.
The purpose of the new law is to put in place "filters" capable of protecting the financial system from the
crime.
The law takes into account the prevention, detection and repression aspects of
bleachingof capital and
terrorist financing.
It urges subjugated persons to ensure that criminals or delinquents cannot take shelter under their
activities - those of taxable persons - to commit offences falling within the
bleaching of capital or
terrorist financing.
Banks, on the other hand, have an obligation to know their customers. They are also required by law to make declarations
suspicious transactions (DOS) or suspicious reports to CENTIF when they "have
good reasons to suspect" criminal acts related to certain transactions.
Such statements can serve as a basis for CENTIF to initiate an investigation.
Failure to report a suspicious transaction is punishable by six months to one year's imprisonment
and a
end may vary between 100,000 and one million CFA francs. Corporate responsibility also is committed.
Several indicators can arouse suspicion, including the mismatch between the amount of the transaction and the
client profile.
For example, when a bank's customer is identified as a student and deposits 50 millionbr CFA francs in his account, this must arouse suspicions, according to CENTIF.
The same is true when an official deposits 100 million CFA francs into his account, explains
Mouhamadou Bamba Niang.
AT THE END OF June, CENTIF completed the development of its "National Strategy to Combat
whiteachingde
capital and the financing of terrorism" intends to work on its implementation before 2024, according to its
Responsible.
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