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Profiling Money Laundering in Eastern and Southern Africa

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Profiling Money Laundering in Eastern and Southern Africa List of Tables - Profiling Money Laundering in Eastern and Sout... file:///Users/mbadenhorst/Documents/websites/iss/pubs/Monogr... LIST OF TABLES Published in Monograph No 90, December 2003 Profiling Money Laundering in Eastern and Southern Africa Edited by Charles Goredema CHAPTER 3 Table 1 The two typologies in terms of environment, qualities and variables Table 2 Unauthorised expenditure in government departments 1999–2000 (in million $) Table 3 Companies contracted to import maize Table 4 Over-invoicing of imports into Taznania from the UK Table 5 Under-invoicing of exports from Tanzania into the UK CHAPTER 4 Appendix A Suspicious transactions reported to the SAPS 1997–2001 CHAPTER 5 1 of 2 2011/03/02 2:39 PM List of Tables - Profiling Money Laundering in Eastern and Sout... file:///Users/mbadenhorst/Documents/websites/iss/pubs/Monogr... Table 1 Spot sale contract between Pattni and Central Bank of Kenya CHAPTER 8 Table 1 Amounts in US$ millions Figures Figure 1 Where is the money? Figure 2 Outgoing and incoming money laundering circle 2 of 2 2011/03/02 2:39 PM 6 Profiling Money Laundering in Eastern and Southern Africa ABBREVIATIONS AND ACRONYMS AML anti-money laundering BOT Bank of Tanzania BWP Botswana pula CAG Controller and Auditor-General CCU Commercial Crimes Unit CFT combating the financing of terrorism CHIPS Clearing House Interbank Payments System CRDB Co-operative Rural Development Bank DRC Democratic Republic of Congo ESAAMLG Eastern and Southern African Anti-money Laundering Group FATF Financial Action Task Force on Money Laundering FEDWIRE Federal Reserve FIC Financial Intelligence Centre FICA Financial Intelligence Centre Act 38 of 2001 FISFC Financial Institutions Security and Fraud Committee IFSCs international financial services companies IMF International Monetary Fund ISS Institute for Security Studies MLAC Money Laundering Advisory Council MLCO Money Laundering Control Officer MVTU (Namibian Police’s) Motor Vehicle Theft Unit NAMCO Namibia Minerals Corporation NAMFISA Namibia Financial Institutions Supervisory Authority NDF (Namibian) National Defence Force NGO non-governmental organisation NOCZIM National Oil Company of Zimbabwe NORAD Norwegian Agency for Development Cooperation Palermo Convention The United Nations Convention Against Transnational Organised Crime of 200NDF ISS MONO 90 prelims 6 28/1/2004, 9:52 AM PCB Prevention of Corruption Bureau POCA Prevention of Organised Crime Act 121 of 1998 POCB Prevention of Organised Crime Bill RAU Rand Afrikaans University SADC Southern African Development Community SADC Protocol Protocol on Combating Illicit Drug Trafficking in the SADC sub-region SAPS South African Police Service SARPCCO Southern African Regional Police Chiefs’ Organisation SARS South African Revenue Service SWIFT Society for Worldwide Interbank Financial Telecommunications System TSh Tanzanian Shillings URA Uganda Revenue Authority ZRB Zanzibar Revenue Board ISS MONO 90 prelims 7 28/1/2004, 9:52 AM 8 Profiling Money Laundering in Eastern and Southern Africa ABOUT THE AUTHORS Prince Bagenda is the Executive Director and research consultant of the NGO Afri- can International Group of Political Risk Analysis (PORIS) in Dar es Salaam. He has worked with various NGO structures in Tanzania and has been involved with projects that focus on corruption. Louis de Koker is the Director of the RAU Centre for the Study of Economic Crime (CenSEC) and Professor of Mercantile Law at RAU University. Since 1998 he has presented various post-graduate programmes in international financial crime at the Levin School of Law of the University of Florida (USA) and Deakin University (Aus- tralia). De Koker is the author of the KPMG money laundering control service and a co-author of, among others, Entrepreneurial law and Cilliers and Benade corporate law. He is a member of the Editorial Advisory Committees of the International Jour- nal of Disclosure and Governance and the Journal of Money Laundering Control, a South African editor of the international Journal of Financial Crime and a specialist editor on financial crime of Amicus Curiae (the journal of the Society for Advanced Legal Studies of the University of London). He is a fellow of the Society of Advanced Legal Studies (UK), an attorney of the High Court of South Africa and a member of the Money Laundering Advisory Council of South Africa. Bothwell Fundira holds a B.Accountancy from the University of Zimbabwe as well as an MBA from the University of Warwick. He is a Fellow of the Chartered Institute of Management Accountants. Fundira has more than 21 years experience in the financial and banking sector and is familiar with a wide range of financial products, some of which could be abused for money laundering. He has written several pa- pers on money laundering in Zimbabwe. Fundira serves as the Deputy Chief Execu- tive of a large pension fund in Zimbabwe, where he is responsible for finance, hu- man resources, administration and investments. Ray Goba received his legal education in Zimbabwe and later in the United States at the University of Minnesota. After a spell as a prosecutor in the various levels of courts in Zimbabwe, Ray was appointed Chief Law Officer and Head of the Serious Economic Crimes Section in the Attorney General’s Office in 1991. Between 1993 and 1994, he headed the prosecution, as Acting Director of Public Prosecutions. During that time, he successfully prosecuted the first money laundering case in Zim- ISS MONO 90 prelims 8 28/1/2004, 9:52 AM babwe 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 inquiry into economic misconduct. Goba has retained a keen interest in money laundering control. In 1998, he moved to the Office of the Prosecutor-Gen- eral for Namibia as Deputy Prosecutor-General. He prosecuted many major cases in the highest courts of Namibia. Since 2000 he has been the Deputy Government Attorney handling civil matters. Charles Goredema is a Senior Research Fellow with the Institute for Security Studies in Cape Town where he specialises in research into money laundering, organised crime and corruption in southern Africa. He holds qualifications in law from the Universities of Zimbabwe and London and practiced law as a prosecutor in the Justice Ministry in Zimbabwe in 1983 before embarking on an academic career in 1987. He joined the Institute in August 2000 after teaching criminal justice law at the Universities of Zimbabwe, Cape Town and the Western Cape. He has published extensively in the spheres of criminal justice and human rights law. George Kegoro is the secretary of the Law Society of Kenya. He graduated from the University of Nairobi with an LL.B in 1992. He then joined the public service in Kenya in the Attorney General’s office, where he worked as a research officer in the Kenya Law Reform Commission, before joining the Law Society of Kenya as deputy secretary in 1995. Kegoro has been involved in anti-corruption work as part of the statutory mandate which the Law Society of Kenya has to advise the government and the public in Kenya on all matters relating to or ancillary to the law and the administration of justice. He has also consulted for Transparency International Kenya on wide range of issues relating to the fight against corruption. Kegoro is an advocate of the High Court of Kenya. ISS MONO 90 prelims 9 28/1/2004, 9:52 AM 10 Profiling Money Laundering in Eastern and Southern Africa EXECUTIVE SUMMARY No country can consider itself immune to money laundering. The concept has been defined as any process carried out in order to disguise or conceal the na- ture or source of, or entitlement to, money or property derived from criminal activities. This monograph seeks to contribute to an appreciation of the dimensions of money laundering in the East and Southern African sub-regions. It was conceived of as part of a project to examine the incidence of money laundering in the countries which comprise the Eastern and Southern African Anti-Money-Laun- dering Group (ESAAMLG), namely Botswana, Kenya, Lesotho, Malawi, Mauri- tius, Mozambique, Namibia, the Seychelles, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. Membership of ESAAMLG is formalised by signing a Memorandum of Understanding (MOU). At the time that the project commenced at the end of 2000, only nine of these countries had done so. By the end of August 2003, all countries had signed the MOU. This development can be regarded as an indication that at a political level, governments in the sub- region seriously intend to combat money laundering. The linkage between money laundering and the financing of terrorism has added to the urgency of adopting wide ranging initiatives against the concealment of, on the one hand, money originating from unlawful activity and on the other, money destined to support unlawful activity. The contributions in this monograph do not purport to be detailed expositions of the entire subject. Furthermore, the chapters do not cover the entire sub-region. Space constraints compelled us to confine ourselves to an overview of the pre- vailing trends. The monograph thus consists of contributions on Kenya, Namibia, South Africa, Tanzania and Zimbabwe. Contributions on the rest of the sub- region will be published separately, through the web site of the Institute for Se- curity Studies (ISS). The overview in the following chapters is based on observations recorded during the first six months of 2002, by researchers commissioned by the ISS. The study ISS MONO 90 prelims 10 28/1/2004, 9:52 AM was premised on certain assumptions, whose validity is not discussed in detail. The key assumption is that money laundering is of strategic importance to organ- ised crime generally, and to corruption in particular. A second assumption is that organised economic crime of one form or another exists in most of the ESAAMLG countries.
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