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Liberia May 5 2011 INTER-GOVERNMENTAL ACTION GROUP AGAINST MONEY LAUNDERING IN WEST AFRICA Mutual Evaluation Report Anti-Money Laundering and Combating the Financing of Terrorism LIBERIA MAY 5 2011 Liberia is a member of the GIABA. This evaluation was conducted by the GIABA secretariat and was then discussed and adopted by its Plenary as a mutual evaluation as GIABA’s 13th evaluation on 5th May 2011. © 2011 GIABA. All rights reserved. No reproduction or translation of this publication may be made without prior written permission. Requests for permission to further disseminate, reproduce or translate all or part of this publication should be obtained from GIABA, Complexe Sicap Point E Av Chiekh A. Diop, X Canal IV 1er Etage Immeuble A, BP 32400, Ponty Dakar (Senegal). E-mail: [email protected] 2 Table of Contents LIST OF ABBREVIATIONS AND ACRONYMS ..................................................................... 5 PREFACE ....................................................................................................................................... 7 INFORMATION AND METHODOLOGY USED FOR THE EVALUATION OF THE REPUBLIC OF LIBERIA ............................................................................................................. 7 MUTUAL EVALUATION REPORT .......................................................................................... 8 1. GENERAL ............................................................................................................................... 8 1.1 GENERAL INFORMATION ON LIBERIA AND ITS ECONOMY .................................................... 8 1.2 GENERAL SITUATION OF MONEY LAUNDERING AND FINANCING OF TERRORISM ............. 16 1.3 OVERVIEW OF THE FINANCIAL SECTOR AND DNFBP ....................................................... 18 1.4 OVERVIEW OF COMMERCIAL LAWS AND MECHANISMS GOVERNING LEGAL PERSONS AND ARRANGEMENTS .......................................................................................................................... 23 1.5 OVERVIEW OF STRATEGY TO PREVENT MONEY LAUNDERING AND TERRORIST FINANCING 26 2. LEGAL SYSTEM AND RELATED INSTITUTIONAL MEASURES .............................. 38 2.1 CRIMINALIZATION OF MONEY LAUNDERING (R.1 & 2) .................................................... 38 2.2 CRIMINALIZATION OF TERRORIST FINANCING (SR.II) ...................................................... 50 2.3 CONFISCATION, FREEZING AND SEIZING OF PROCEEDS OF CRIME (R.3) ............................. 52 2.4 FREEZING OF FUNDS USED FOR TERRORIST FINANCING (SR.III) ........................................ 62 2.5 THE FINANCIAL INTELLIGENCE UNIT AND ITS FUNCTIONS (R.26, 30 & 32) ...................... 64 2.6 LAW ENFORCEMENT, PROSECUTION AND OTHER COMPETENT AUTHORITIES – FRAMEWORK FOR THE INVESTIGATION AND PROSECUTION OF OFFENCES, CONFISCATION AND FREEZING (R.27, 28, 30&32) .................................................................................................................................. 70 2. 7 CROSS BORDER DECLARATION OR DISCLOSURE (SR.IX) ................................................. 98 3. PREVENTION MEASURES – FINANCIAL INSTITUTIONS ....................................... 106 3.1 RISK OF MONEY LAUNDERING AND TERRORIST FINANCING ............................................. 108 3.2 CUSTOMER DUE DILIGENCE, INCLUDING ENHANCED OR REDUCED MEASURES (R.5 TO 8)109 3.3 THIRD PARTIES AND INTRODUCED BUSINESS (R. 9) ....................................................... 129 3.4 FINANCIAL INSTITUTION SECRECY OR CONFIDENTIALITY (R.4) ..................................... 131 3.5 RECORDING KEEPING AND WIRE TRANSFER RULES (R.10 & SR.VII) .............................. 134 3.6 MONITORING OF TRANSACTION AND RELATIONSHIPS (R11 AND 21) .............................. 140 3.7 SUSPICIOUS TRANSACTION REPORTS AND OTHER REPORTING (R13-14, 19, 25 AND SR IV) 144 3.8 INTERNAL CONTROLS, COMPLIANCE, AUDIT AND FOREIGN BRANCHES (R.15 AND 22) ... 152 3.9 SHELL BANKS (R.18) ...................................................................................................... 158 3.9 SHELL BANKS (R.18) ...................................................................................................... 158 3.10 THE SUPERVISORY AND OVERSIGHT SYSTEM – COMPETENT AUTHORITIES AND SROS ROLE, FUNCTIONS, DUTIES AND POWERS (INCLUDING SANCTIONS) (R.23, 29, 17 & 25) ............ 159 3 3.11 MONEY OR VALUE TRANSFER SERVICES (SR VI) ............................................................ 186 3.11 MONEY OR VALUE TRANSFER SERVICES (SR VI) ............................................................ 186 4. PREVENTIVE MEASURES – DESIGNATED NO-FINANCIAL BUSINESSES AND PROFESSIONS (DNFPBS) ....................................................................................................... 189 4.1 CUSTOMER DUE DILIGENCE AND RECORD KEEPING (R.12) .............................................. 190 4.2 MONITORING SUSPICIOUS TRANSACTION REPORTING, R. 16 (APPLYING R13 – 15 & 21) 190 4.3 REGULATION AND SUPERVISION ..................................................................................... 193 4.4 OTHER NON- FINANCIAL BUSINESSES AND PROFESSIONS (R.20) ..................................... 194 5. LEGAL PERSONS AND ARRANGEMENTS & NON-PROFIT ORGANIZATIONS . 195 5.1 LEGAL PERSONS – ACCESS TO BENEFICIAL OWNERSHIP AND CONTROL INFORMATION (R.33) ....................................................................................................................................... 195 5.2 LEGAL ARRANGEMENTS – ACCESS TO BENEFICIAL OWNERSHIP AND CONTROL INFORMATION (R.34) ................................................................................................................. 204 5.3 NON PROFIT ORGANISATIONS (SR VIII) ........................................................................ 208 6. NATIONAL AND INTERNATIONAL COOPERATION ............................................. 217 6.1 NATIONAL CO-OPERATION AND CO-ORDINATION (R31 & 32) ......................................... 217 6.2 THE CONVENTION AND THE UN SPECIAL RESOLUTIONS (R.35 AND SR.1) ..................... 220 6.3 MUTUAL LEGAL ASSISTANCE (R.36-38, SR V, R. 32) .................................................... 223 6.4 EXTRADITION (R.39, 37 & SR.V) ................................................................................... 231 6.5 OTHER FORMS OF INTERNATIONAL COOPERATION (R.40, SR.V & R. 32) ...................... 235 7. OTHER ISSUES ................................................................................................................. 238 7.1 RESOURCES AND STATISTICS/ ......................................................................................... 238 TABLE 2: RECOMMENDEDACTION PLAN TO IMPROVE THE AML/CFT SYSTEM ...................................................................................................................................................... 252 ANNEXES ................................................................................................................................... 267 ANNEX 1: DETAILS OF BODIES MET ON THE MUTUAL EVALUATION ON-SITE MISSION: MINISTRIES, OTHER GOVERNMENT AUTHORITIES OR BODIES, PRIVATE SECTOR REPRESENTATIVES AND OTHERS ............................................... 267 ANNEX 2: LIST OF LAWS, REGULATIONS AND OTHER GUIDANCE RECEIVED 269 4 LIST OF ABBREVIATIONS AND ACRONYMS ACCA Anti-Corruption Commission Act A-G Attorney-General AU AU African Union C Compliant CBL Central Bank of Liberia CBLA Central Bank of Liberia Act CDD Customer Due Diligence CGRs Corporate Governance Regulations DEA Drug Enforcement Agency DNFBPs Designated Non-Financial Businesses and Professions EA Extradition Act FATF Financial Action Task Force FIs Financial Institutions FINCEN Financial Crimes Enforcement Network FINSSIP Financial Sector Strategic Plan FIU Financial Intelligence Unit FSAP Financial Sector Assessment Program FT Financing of Terrorism GDP Gross Domestic Product Groupe Intergouvernemental d’Action contre le Blanchiment d’Argent en GIABA Afrique de l’Ouest) (Inter -Governmental Action Group against Money Laundering in West Africa) IAIS International Associational of Insurance Supervisors ICT Information and Communication Technology IMF International Monetary Fund INTERPOL International Police KYC Know Your Customer LACC Liberian Anti-Corruption Commission LBCE Liberian Bureau of Customs and Excise LC Largely Compliant LEA Law Enforcement Agency LEO Law Enforcement Officer LNP Liberian National Police 5 LTD/GTE Limited Liability Companies/Companies Limited by Guarantee MDAs Ministries, Departments, Agencies MFIs Micro Finance Institutions ML Money Laundering MNS Ministry of National Security MOJ/A-Gs Ministry of Justice and Attorney-General’s Office MOFEP Ministry of Finance and Economic Planning MVTs Money Value Transfer services NBI National Bureau of Investigations NC Non compliant NCCT Non- Cooperating Country and Territory NFIA New Financial Institutions Act NGO Non-governmental organisation NIC National Investment Commission NSA National Security Agency OFIs Other financial institutions PC Partially Compliant PEPs Politically Exposed Persons PMFCBN Physical Movement of Foreign Currency Bank Notes PMLL Prevention of Money Laundering Law R. Recommendation SAR Suspicious Activity Report SR Special Recommendation SRO Supervisory Regulator Organization STRs Suspicious Transaction Reports TF Terrorist financing UNCAC United Nations Convention against Corruption UNODC United Nations Office on Drugs and Crime W.C.O World Customs Organization 6 PREFACE INFORMATION AND
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