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Money Laundering

It is considered a money laundering the conversion or the transfer of assets whose author knows that they are derived from crime, in order to hide or disguise the illicit origin of the afore mentioned assets or to help any person involved in the main offence to escape the judicial outcome of his acts after which these assets are recovered; (Article 2, paragraph 1 of law n° 05-01 of February 6, 2005). (Article 2, alinéa 1 de la loi N° 05-01 du 27 Dhou El Hidja 1425 correspondant au 6 Février 2005).

That practice consists in concealing the illegal origin of financial funds by reintroducing them in the economic network through financial institutions in order to use them later in a legal manner. Although hardly quantified due to its hidden and insidious character, money laundering throughout the world is estimated by the media who quote the United Nations to several hundreds of billions of dollars per year. The main source of the laundered funds is drug trafficking.

Financing of Terrorism

It is considered an offence of financing of terrorism: any act by any means whatsoever or indirectly, illicitly and deliberately provides or collect funds with intent to make them used wholly or partly for committing offences qualified as terrorist or subversive acts that are stated and punished by article “87 bis to 87 bis 9” of ordinance n°95-11 of February 25th 1995 modifying and completing ordinance n°66-156 of June 8th 19966 regarding the penal code. (Article 3, of law n°05-01 of February 6th 2005. (Article 3, de la loi N° 05-01 du 27 Dhou El Hidja 1425 correspondant au 6 Février 2005).

The FIPU

The unit is a public organ endowed by a status of moral person and a financial autonomy. The unit is in charge of fighting against financing of terrorism and money laundering. In this respect, it has the mission in particular to: – receive STR’s related to all operations of financing terrorism or money laundering that are forwarded by institutions and persons designated by the law; – to process STR’s by all means and appropriate methods; - to forward the file if need be to the public prosecutor having authority over the jurisdiction, each time the acts under investigation may require penal prosecution; - to propose any legislative or regulatory text whose purpose is to fight financing of terrorism and money laundering; - to set into place procedures necessary to the prevention and detection of all forms of financing of terrorism; Executive Decree n°02-127. Decret Executif n°02-127 F2002023

HOW TO FIGHT AGAINST CRIMES

established on the basis of operations considered to be suspicious by certain categories of persons and Designated non-Financial Businesses and Professions liable to provide STR’s as defined in article 19 of the law n°05-01. After constituting and analyzing the case, the council of the FIPU decides – depending upon the degree of presumption brought on the case-whether to forward the case to the state prosector. The specialized organ PFIU is in charge of analyzing and processing information provided by empowered authorities and STR’s that should be forwarded by persons and institutions according to Article 15 of the Law n°05-01 of February 2nd 2005. Art.15 de la Loi 05-01 du 06.02.2005 As stated in the previous article of law, the FIPU gathers intelligence through the STR’s Executive Decree n°05-05 of January 9th 2006, ( Décret exécutif n° 06-05 du 9 janvier 2006) established on the basis of operations considered to be suspicious by certain categories of persons and Designated non-Financial Businesses and Professions liable to provide STR’s as defined in article 19 of the law n°05-01. After constituting and analyzing the case, the council of the FIPU decides – depending upon the degree of presumption brought on the case-whether to forward the case to the state prosector.

la declaration de soupçon

Une déclaration de soupçon est le document en bonne et due forme par lequel un assujetti est tenu d’informer la CTRF sur l’origine douteuse des fonds Décrêt n° 06-05 du 09-01-2006 Déclaration Soupçon.

Recommandations

FATF 40 recommendations
9 special recommendations of the FATF

les differentes conventions et accords internationaux signés par la ctrf

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