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Confronting the Proceeds of Crime in Southern Africa

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Confronting the Proceeds of Crime in Southern Africa CONFRONTING THE PROCEEDS OF CRIME IN SOUTHERN AFRICA AN INTROSPECTION Edited by CHARLES GOREDEMA ISS MONOGRAPH SERIES • No 132, MAY 2007 CONTENTS ABBREVIATIONS AND ACRONYMS iv ACKNOWLEDGEMENTS vii ABOUT THE AUTHORS iix INTRODUCTION x CHAPTER 1 Money laundering developments in Malawi, 2004 to 2006 1 CHAPTER 2 Political will and the implementation of anti-money laundering measures: the Zambian experience, 2004 to 2006 23 CHAPTER 3 Money laundering in Zimbabwe, 2004 to 2006 47 CHAPTER 4 Confronting money laundering in South Africa: An overview of challenges and milestones 73 CHAPTER 5 Developing a comprehensive prevention and enforcement framework against money laundering and terrorist financing in Namibia, 2004 to 2006 93 CHAPTER 6 Evaluation of anti-money laundering mechanisms in Mozambique, 2004 to 2006 125 Abbreviations and acronyms v FATF Financial Action Task Force IMF International Monetary Fund LAZ Law Association of Zambia ABBREVIATIONS AND ACRONYMS PIA Pensions and Insurance Authority PPMLA Prohibition and Prevention of Money Laundering Act 2001 SADC Southern African Development Community SEC Securities and Exchange Commission INTRODUCTION: STR suspicious transaction report AML/CFT anti-money laundering/combating the financing of terrorism UN United Nations (strategy) ZICA Zambia Institute of Chartered Accountants ESAAMLG Eastern and Southern African Anti-Money Laundering Group ZMK Zambian kwacha FATF Financial Action Task Force FIU financial intelligence unit CHAPTER 3: SADC Southern African Development Community AAM African Associated Mines CD 1 Control Document 1 CHAPTER 1: C$ Canadian dollar ACB Anti-Corruption Bureau ENG ENG Capital Asset Management AML/CFT anti-money laundering/combating the financing of terrorism FIIE Unit Financial Intelligence Inspectorate and Evaluation Unit (strategy) LIBOR London Interbank Offered Rate CID Criminal Investigation Department NDH National Discount House DPP Director of Public Prosecutions PEPS politically exposed persons ESAAMLG Eastern and Southern African Anti-Money Laundering Group SADC Southern African Development Community FAST flexible anti-smuggling teams SMM Shabanie Mashaba Mines FATF Financial Action Task Force Z$ Zimbabwean dollar FIU financial intelligence unit ZAR South African rand forex foreign exchange MWK Malawian kwacha CHAPTER 4: MRA Malawi Revenue Authority ADS African Defence Systems OTA Office of Technical Assistance AFU Asset Forfeiture Unit SADC Southern African Development Community ESAAMLG Eastern and Southern African Anti-Money Laundering Group SARPCCO Southern African Regional Police Chiefs Co-operation FATF Financial Action Task Force Organisation FIC Financial Intelligence Centre US$ United States dollar FICA Financial Intelligence Centre Act FinCEN (United States) Financial Crime Enforcement Network CHAPTER 2: JSE JSE Securities Exchange South Africa ACC Anti-Corruption Commission POCA Prevention of Organised Crime Act AMLIU Anti-Money Laundering Investigations Unit POCDATARA Protection of Constitutional Democracy against Terrorist and BoZ Bank of Zambia Related Activities Act DEC Drug Enforcement Commission STR suspicious transaction reports ESAAMLG Eastern and Southern African Anti-Money Laundering Group ZAR South African rand vi Confronting the proceeds of crime in Southern Africa CHAPTER 5: ACC Anti-Corruption Commission BoN Bank of Namibia CCU Commercial Crimes Unit ACKNOWLEDGEMENTS CMA Common Monetary Area DCEC Directorate of Corruption and Economic Crime (Botswana) DLEU Drug Law Enforcement Unit ESAAMLG Southern African Anti-Money Laundering Group This monograph is part of a project which strives to enhance capacity to com- FATF Financial Action Task Force bat money laundering in East and Southern Africa. It is the product of work put FBI Federal Bureau of Investigation together by commissioned authors and researchers within the Organised Crime FIC Financial Intelligence Centre and Money Laundering programme of the Institute for Security Studies. In GIPF Government Institutions Pension Fund preparing it, the authors relied extensively on information provided by regula- GTI Great Triangle Investments tory and law enforcement agencies in Southern Africa. They are too numerous MVTU Motor Vehicle Theft Unit too mention. Their role is recognised in the individual contributions. The fund- NAMDEB Namibia De Beers Mining Company ing was generously provided by the Royal Norwegian Government. NAMFISA Namibia Financial Institutions Supervisory Authority (Act) NAMPOL Namibian police NDF Namibia Defence Force N$ Namibian dollar ODC Overseas Development Corporation ODCN Offshore Development Corporation of Namibia OTA (US Treasury) Office of Technical Assistance POCA Prevention of Organised Crime Act PRU Protected Resources Unit SCU Serious Crime Unit SSC Social Security Commission ZAR South African rand CHAPTER 6: CIFiM Centro de Informação Financeira de Moçambique (Mozambque Financial Information Centre) FIU financial intelligence unit FSTAP Financial Sector Technical Assistance Project IGEPE State Shares Management Agency IMF International Monetary Fund SADC Southern African Development Community USAID United States Agency for International Development US$ United States dollar About the Authors ix Bothwell Fundira is a qualified accountant who has an MBA from the Univer- sity of Warwick. He is a Fellow of the Chartered Institute of Management ABOUT THE AUTHORS Accountants in Zimbabwe. Having spent more than 20 years in the financial and banking sector, he is familiar with a wide range of financial products, some of which tend to be abused for money laundering. He has written several papers on money laundering in Zimbabwe. At present he is the deputy chief Jai Banda is a lawyer practising with a leading Malawian commercial law executive of a large pension fund in Zimbabwe, with responsibilities that practice, Messrs. Sacranie, Gow and Company, in Blantyre. He has also include finance, human resources, administration and investments. practiced in Zimbabwe. He has been engaged in studying money laundering trends in Malawi for six years, participating in numerous workshops and semi- Charles Goredema is a senior researcher at the Institute for Security Studies. nars with institutions in the public and private sectors both within and outside He is based in Cape Town where he heads a research programme studying Malawi. Jai has also played a significant role in the enactment of current anti- organised crime and money laundering trends in Southern Africa. Charles has money laundering legislation in Malawi, and was instrumental in the estab- been engaged in research into organised crime, money laundering and re- lishment of that country’s Financial Intelligence Unit. sponses to them since 2000. In the course of his work he has spoken at many seminars and conferences and authored numerous publications. Joseph Munyoro has a Bachelor of Accountancy degree from the Copperbelt University of Zambia and an MBA from the Edinburgh Business School. He is Benjamim Capito has served as a legal adviser in the bank regulation depart- a Fellow of the Association of Chartered Certified Accountants of the United ment of the central Bank of Mozambique for a number of years. His tenure Kingdom. After working for the international audit firm PricewaterhouseCoopers spans a period of volatility and turbulence in the economic and financial from 1994 to 1997, he joined the Bank Supervision Department of the Central system in Mozambique. He has a wealth of experience in bank regulation and Bank of Zambia, where he was involved in developing customer diligence in identifying factors that facilitate the concealment of proceeds of crime and directives in 1998. Since 2001 he has been working in the Non-Bank Finan- corruption in Mozambique, and an uncanny ability to explain complex situa- cial Institutions Department, developing and enforcing appropriate regulatory tions. frameworks for various classes of non-bank financial institutions. Ray Goba qualified to practise law in Zimbabwe, after which he also studied in the United States at the University of Minnesota. After a spell as a prosecu- tor in Zimbabwe, Ray was appointed Chief Law Officer and head of the Seri- ous Economic Crimes Section in the Attorney-General’s office in 1991. Be- tween 1993 and 1994 he was Acting Director of Public Prosecutions and suc- cessfully prosecuted the first money laundering case in Zimbabwe under the Serious Offences (Confiscation of Profits) Act of 1990. He also participated in many investigations into bank and foreign exchange fraud, and sat on boards of enquiry into economic misconduct. He has consequently retained a keen interest in money laundering control. In 1998 he became Deputy Prosecutor- General in Namibia’s Office of the Prosecutor-General. Since 2000 he has served as the Deputy Government Attorney handling civil matters. Introduction xi Table 1: Anti-money laundering structures INTRODUCTION Money laundering Anti-money laundering Measures to foster preventive measures enforcement measures transnational co-operation A survey conducted at the beginning of 2002 revealed that, despite the exist- Customer due diligence Criminalisation of predicate Awareness of global ence of laws to criminalise it, money laundering was a little-understood phe- (underlying criminal) acts trends nomenon in many parts of southern Africa. While it had been known for a long and of money laundering time that, in the words of a veteran Canadian undercover agent, “[p]eople commit crimes to make money so that they can
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