FINANCIAL INTELLIGENCE CENTRE (FIC)

Similar documents
FINANCIAL INTELLIGENCE CENTRE (FIC)

GUIDANCE NOTE NO 01 OF 2018 GUIDANCE NOTE ON CUSTOMER DUE DILLIGENCE PERTAINING TO INTERMEDIARIES AND RELATED PARTIES: SUB-ACCOUNTS & POOL ACCOUNTS

GUIDANCE NOTE NO 4 OF 2017 GUIDANCE NOTE ON THE 15-DAY REPORTING PERIOD OF SUSPICIOUS TRANSACTIONS AND ACTIVITIES

FINANCIAL INTELLIGENCE CENTRE ACT (FICA)

FOR CONSULTATION ANNEX A FINANCIAL TRANSACTIONS REPORTING (WIRE TRANSFERS) REGULATIONS, 2015 PART I PRELIMINARY

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 56, No. 9, 26th January, No. 2 of 2017

Banking Institutions Act 2 of 1998 section 71(1)(d)

INSTITUTE OF CHARTERED ACCOUNTANTS OF NAMIBIA

EXPLANATORY NOTE ON ANTI MONEY LAUNDERING (AMENDMENT) ACT Zulkifli Hasan Faculty of Syariah and Law Islamic Science University of Malaysia

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.00 WINDHOEK - 29 December 2015 No. 5911

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$7.00 WINDHOEK - 5 November 2010 No. 4598

NEW DUTIES OF FRENCH AN D HONG KONG COMPANIES IN LINE WITH OECD S UPSCALED STANDARD TO FIGHT AGAINST MONEY LAUNDERING WORLDWIDE 1 OUTLINE

Mutual Evaluation of Thailand

JULY 2009 BANK OF NAMIBIA GUIDANCE NOTE NO.2 OF 2009 ON CUSTOMER IDENTIFICATION AND KEEPING OF RECORDS

Financial Intelligence Act 13 of 2012 section 73(2)

Central Bank of The Bahamas PUBLIC CONSULTATION. Proposals for:

financial intelligence centre REPUBLIC OF SOUTH AFRICA Financial Intelligence Centre FAIS Workshop Presented by The Financial Intelligence Centre

A LAW AMENDING THE PREVENTION AND SUPPRESSION OF MONEY LAUNDERING ACTIVITIES LAWS OF 1996 TO 2000 NO 118(I) OF 2003

FICA INTERNAL RULES. Boshoff Visser Konsult (Pty) Ltd

FICA MANUAL. Definitions 4. The Financial Intelligence Centre Act 6. Objective in terms of the FIC Act 6. The Financial Intelligence Centre 7

MONEY LAUNDERING AND TERRORISM (PREVENTION) (AMENDMENT) ACT, 2013 ARRANGEMENT OF SECTIONS

The Central Bank of The Bahamas PUBLIC CONSULTATION. Proposed Changes to the Dormant Bank Accounts Administration Regime as Effected by the:

OPTIMUM FINANCIAL SERVICES GROUP (PTY) LTD FINANCIAL INTELLIGENCE CENTRE ACT ( FICA ) POLICY

JC /05/2017. Final Report

MEDIA STATEMENT MINISTER SIGNS FIC AMENDMENT ACT INTO OPERATION

FSB Information Circulars PF No. 1 to 5 of 2016

Ordinance No. Annual Holiday with Pay (Amendment) Ordinance

CLARIFICATION OF CERTAIN SECTIONS OF THE FINANCIAL INTELLIGENCE CENTRE ACT

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Chapter 3 Financial Market Regulatory Bodies in Maldives

CONSUMER OBLIGATIONS IN TERMS OF THE PRIVATE SECURITY INDUSTRY REGULATION ACT (ACT 56 OF 2001) GOVERNMENT SECTOR AND CONSUMERS IN GENERAL

SUBSIDIARY LEGISLATION PREVENTION OF MONEY LAUNDERING AND FUNDING OF TERRORISM REGULATIONS

SECURITIES (LICENSING) RULES 2007

THE SPECIAL CONTRIBUTION FOR THE DEFENCE OF THE REPUBLIC LAWS 1 (AS AMENDED, 2003)

Member States capabilities in fighting tax crimes

Financial Intelligence Centre Amendment Bill [B ]

BERMUDA CHARITIES (ANTI-MONEY LAUNDERING, ANTI-TERRORIST FINANCING AND REPORTING) REGULATIONS 2014 BR 96 / 2014

2003 Proceeds of Crime SRO. 22 (Anti-Money Laundering) Regulations

Administrative Monetary Penalties Regulations (Canadian Nuclear Safety Commission) Comment Disposition Report

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT OF ZAMBIA

Registry General September 2015

Indigenisation and Economic Empowerment (General) (Amendment) Regulations, 2011 (No. 3)

FINANCIAL INTELLIGENCE CENTRE (FIC) REPUBLIC OF NAMIBIA P.O.BOX 2882, Windhoek Tel: , Fax

Content. 1. Introduction of AML/CFT Legislation

DIRECTIVE FINANCIAL SERVICES BOARD REPUBLIC OF SOUTH AFRICA LONG-TERM INSURANCE ACT, 1998 (ACT 52 OF 1998)

PROCEEDS OF CRIME AND ANTI-MONEY LAUNDERING ACT

Slovenia. Anti-money laundering and counter-terrorist financing measures. F o l l o w - u p r e p o r t

CHAPTER 423 THE ANTI-MONEY LAUNDERING ACT PRINCIPAL LEGISLATION ARRANGEMETN OF SECTIONS PART I PRELIMINARY PROVISIONS

Kenya Gazette Supplement No th March, (Legislative Supplement No. 21)

LEGAL NOTICE NO. THE MICROFINANCE ACT (No. 19 of 2006)

F o l l o w - Up R e p o r t. Anti-money laundering and counter-terrorist financing measures. Uganda

To whom it may concern. Implementation of the 4th EU Anti Money Laundering Directive

RJ Berry Financial Reporting Authority 21 March 2018

Financial intelligence centre REPUBLIC OF SOUTH AFRICA

2007 Money Laundering Prevention No.2 SAMOA

FATF Mutual Evaluation of Ireland 2017

financial intelligence centre REPUBLIC OF SOUTH AFRICA

Subject: New changes in the new Company s Act. I. BACKGROUND:

Statute Law (Miscellaneous Amendment) Act

Subject: Know Your Client Requirements for Foreign Portfolio Investors (FPIs)

CONSULTATION PAPER NO JUNE 2016 PROPOSED CHANGES TO THE ANTI MONEY LAUNDERING, COUNTER- TERRORIST FINANCING AND SANCTIONS MODULE

AML/CFT and Financial Inclusion in SADC

MONEY LAUNDERING (l'rohibition) (AMENDMENT) ACT, 2012

Anti-Money Laundering: the SARs regime. Consultation from the Law Commission Response by the Council for Licensed Conveyancers

CF CANADA FINANCIAL GROUP

ANTI-MONEY LAUNDERING REGULATIONS, 2011 ARRANGEMENT OF REGULATIONS

TAX ADMINISTRATION (BUDGET AMENDMENT) BILL 2018 (BILL NO. 11 OF 2018)

FINANCIAL INTELLIGENCE CENTRE ACT 2001 MANUAL

SAINT CHRISTOPHER AND NEVIS STATUTORY RULES AND ORDERS. No. 46 of 2011

Beneficial Ownership TCB Seminar. 28 April 2017

ANTI-MONEY LAUNDERING POLICY

VIRGIN ISLANDS BANKS AND TRUST COMPANIES (AMENDMENT) ACT, 2006 ARRANGEMENT OF SECTIONS

Law No. 80 for Promulgating Anti- Money Laundering Law, Amended by Law No. 78 for 2003*

The Central Bank of The Bahamas

Mutual Evaluation Report of Malaysia September Way forward for Labuan IBFC

MUTUAL FUNDS GENERAL

GENERAL SCHEME OF A CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) (AMENDMENT) BILL

Webinar 01: AML/CFT Requirements Overview. 4 th July 2018

VIRGIN ISLANDS ANTI-MONEY LAUNDERING REGULATIONS, 2008 ARRANGEMENT OF REGULATIONS

STATUTORY INSTRUMENTS 2005 No. 45.

Suppliment tal-gazzetta tal-gvern ta Malta Nru. 19,924, 20 ta Diċembru, 2017 Taqsima B COMPANIES ACT (CAP. 386)

Tax Registration and Taxpayer Identification Number

Short-term Insurance Act 4 of 1998 section 71

Member States capabilities in fighting tax crimes

TRUST COMPANIES AND OFFSHORE BANKING ACT

International Monetary Fund Washington, D.C.

Improving Global AML/CFT Compliance: Ongoing Process - 19 October 2018

CURRENCY AND FOREIGN EXCHANGE LAW

Sri Lanka Accounting and Auditing Standards Act, No.15 of [Certified on 25 th August, 1995]

BUS INDUSTRY EMPLOYEES WELFARE FUND ACT BUS INDUSTRY EMPLOYEES WELFARE FUND ACT. Revised Laws of Mauritius. Act 36 of November 2003

Law on. Combating Money Laundering and Terrorism Financing LAW ON COMBATING MONEY LAUNDERING AND TERRORISM FINANCING

Customs and Excise Act 20 of 1998 section 13(2)

Consultation Paper on (1) the Proposed Guideline on Anti-Money Laundering and Counter-Terrorist Financing and (2) the Proposed Prevention of Money

ECB-PUBLIC OPINION OF THE EUROPEAN CENTRAL BANK. of 19 April on protection from risks and separation of banking businesses (CON/2013/28)

Anti-money Laundering Bulletin

TRAINING AND EMPLOYMENT OF DISABLED PERSONS ACT TRAINING AND EMPLOYMENT OF DISABLED PERSONS ACT. Revised Laws of Mauritius

ICPAK SUBMISSION ON THE NATIONAL HOUSING DEVELOPMENT FUND REGULATIONS, 2018

Number 26 of Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018

(Trust Agreement - Agreement on Assets Management Based on Authorization).

Transcription:

FINANCIAL INTELLIGENCE CENTRE (FIC) P.O.BOX 2882, Windhoek Tel: + 264 61 2835100, Fax +264 61 2835259 Web address: www.fic.na E-mail address: helpdesk@fic.na DIRECTIVE NO 01 OF 2017 DIRECTIVE TO THE REAL ESTATE INDUSTRY ON MANDATORY CASH TRANSACTION REPORTING JANUARY 2017 1

1. INTRODUCTION 1.1 The Financial Intelligence Centre (FIC) as part of its continuing efforts to assist the Government of the Republic of Namibia in combatting Money Laundering (ML), Terrorism Financing (TF) and Proliferation Financing (PF), hereby issues this Directive in terms of Section 9(2)(c) of the Financial Intelligence Act, 2012 (Act No. 13 of 2012) as amended (hereinafter referred to as the FIA) 1.2 Section 32 of the FIA places a Cash Transaction Reporting obligation on all accountable and reporting institutions (AIs & RIs). It requires that all cash received or cash paid out by an AI or RI above the prescribed threshold amount of N$ 99,999.99 must be reported to the FIC. 1.3 It came to the attention of the FIC that: a) Not all Estate Agents/Estate Agencies comply with the Cash Transaction Reporting obligation; b) There is a general misunderstanding that the term cash received means only cash received outside of the financial system i.e. physical cash received in hand and does not cover cash deposits into the bank accounts held by Estate Agents/Estate Agencies at commercial banks. This resulted in nonreporting of cash in excess of the threshold amount being deposited into bank accounts held by these Estate Agents/Estate Agencies; c) The majority of Estate Agents/Estate Agencies do not have measures in place to keep record of cash transactions in excess of the threshold amount as required in terms of Section 26(1)(j) of FIA; d) The majority of Estate Agents/Estate Agencies do not have measures in place to report cash transactions in excess of the threshold amount as required in terms of Section 32 of FIA and it complimentary Regulation 23; and 2

e) The majority of Estate Agents/Estate Agencies are not registered with the FIC. This creates difficulties in reporting and undermines overall FIC supervision in the sector. 2 PURPOSE The purpose of this Directive is to, firstly, provide clarity to the Real Estate Industry on the Cash Transaction Reporting obligation as outlined in paragraph 1.2 above, and secondly, to direct Estate Agents/Agencies and their stakeholders e.g. commercial banks and conveyancing attorneys to comply with this obligation. 3 CLARIFICATION ON THE TERM CASH RECEIVED 3.3 The FIC herewith clarifies that: 3.3.1 The term cash received in section 32 of FIA refers to an amount of cash in excess of N$ 99 999.99 received outside the banking system (as cash at hand), as well as in the form of cash and cheque deposits into a bank account; 3.3.2 The cash transaction reporting obligation applies to the AI or RI, and as such, an Estate Agent/Agency may not rely on a third party (such as commercial banks) to comply with the obligation on their behalf. The fact that two different accountable or reporting institutions file a cash transaction report in respect of the same transaction has both analytical and supervisory value to the FIC. 4 DIRECTIVE All Estate Agents/Estate Agencies are herewith directed as follows: 4.1 To understand the term cash received as referring to cash above the threshold amount of N$ 99 999.99 received outside the banking system, as cash in hand as well as in the form of deposits into bank accounts. 3

4.2 To ensure that their prescribed particulars are registered with the FIC in terms of Regulation 25 of the FIA. An Agent/Agency that is not registered with the FIC will not be able to report the cash threshold transaction electronically, via an internet portal, as required by Regulation 23(3). 4.3 To report to the FIC within five (5) working days, as from the date of conducting the cash transaction, all cash transactions in excess of N$ 99 999.99 as a result of: 4.3.1 cash paid by the Estate Agent/Estate Agency to the client, or to a person acting on behalf of the client, or to a person on whose behalf the client is acting; or 4.3.2 cash received from the client, or from a person acting on behalf of the client, or from a person on whose behalf the client is acting. 4.4 To have appropriate measures in place in order to report cash transactions above N$ 99 999.99 under the CTR report type on the FIC s goaml electronic system. 4.5 To have appropriate measures in place in order to keep a record of all cash transactions reports above N$ 99 999.99 which were reported to the FIC. 5 NON-COMPLIANCE WITH THE PROVISIONS OF THIS DIRECTIVE 5.1 Non-compliance with this Directive amounts to a failure to implement Sections 26 and 32, read with regulations 23 and 25 of the FIA. 5.2 Any non-compliance with the directions and specifications contained in this Directive is an offence in terms of section 63 of the FIA. As such, noncompliance will inevitably also be met with administrative sanctions and penalties in terms of section 56 of the FIA. 4

5.3. It should also be noted that an AI or RI that contravenes this Directive, contravenes Sections 26 and 32 of FIA, thereby committing an offence and can, upon conviction, be liable to a fine not exceeding N$100 million or, where the commission of the offence is attributable to a representative of the AI or RI, to such fine or imprisonment for a period not exceeding 30 years, or to both such fine and such imprisonment. ---------------------------------------------------------------------------------------------------------------- The information contained in this document is intended only to provide a summary and a general overview on these matters and is not intended to be comprehensive. This document may contain statements of policy which reflect the FIC s administration of the legislation in carrying out its statutory functions. The Directive can be accessed at www.fic.na. Date issued: January 2017 Director: Financial Intelligence Centre 5