In the Name of Allah , the Gracious , the Merciful
Republic of the Sudan
The Money Laundering and Terrorism
Financing Bill 2009
Be it hereby made, by the President of the Republic, in accordance with the provisions of Article 109(1), of the Interim Constitution of the Republic of the Sudan, 2005 ,the following Provisional Order:
Title and commencement
This Provisional Order may be cited as, "Money Laundering and Terrorism Financing Act, 2009", and shall come into force, as of the date of signature.
Repeal and saving
The Money Laundering (Combating) Act, 2004 shall be repealed; provided that all the regulations, measures and decisions, made thereunder shall continue in force, until revoked, or amended under this Act.
In this Act, unless the context otherwise requires:
"Money": means property of its types, whether material, or immaterial, movable, or immovable, and currencies of all types thereof, foreign, or local, financial and commercial papers, bonds and documents, which prove acquiring, or possession of money, or any title, relating thereto;
"Central Bank": means the Central Bank of Sudan;
"Person": means any natural, or corporate person;
"Continuous relation": means any commercial, or professional relation, having connection with one of the activities, named in the definition of the Financial , or Non-financial Institution, whenever the Institution concerned expects the relation to continue for a period of time;
"Casual client" : means the customer whom no continuous relation connects with the Financial, or Non-financial Institution;
"Committee": means the Administrative Committee, established under the provisions of section 29, hereof;
"Governor": means the Governor of the Central Bank;
"Real beneficiary": means the natural person having the ownership, or actual control of the client, or the person, for the account, or interest of whom the operation is made, or according to his will;
mean the Commercial Banks, companies, Exchange and Brokerage Shops, and include any person, or other bodies, which operate commercially, in a regular way, any of the following activities, or operations, for the benefit, or account of clients:
mean the Institutions, or persons, who commercially practice any of he following activities:
"Unit": means the Financial Inquiries Unit, established under section 10, hereof.
"Minister": means he Federal Minister of Finance and National Economy;
Control and Supervision
Bodies of Control and Supervision
The following bodies shall have the competence of control and supervision of the activities of the Financial and Non-financial Institutions, belonging thereto, or situated in the scope of the competence thereof, in pursuance of the law organizing each of such bodies, namely:
Duties of the Control and Supervision Bodies
The Control and Supervision Bodies shall have the following duties, in the field of combating Money Laundering and Financing Terrorism, to:
The Central Bank shall enlist and control the size and movement of the money transmitted outside the State, or coming form outside the same, through the Financial Institutions, to inquire and know any unfamiliar exit of the movement of such money, as may not be proportionate to the natural, or ordinary rates , or to the economic reality of the State.
Obligations of the Financial and Non-financial Institutions
The Financial and Non-financial Institutions shall abide by the following:
Exercising of Telegraphic Transfers Operations
The financial institutions exercising the telegraphic transfers operations shall attach form of data of identity in accordance with the regulations. In case of non-attachment the financial bodies to which the same is sent shall strive to obtain such statement through the financial body sending the same. In case of failure such bodies shall take the necessary proceedings to secure that the transfer does not relate to money laundering or terrorism financing or reject receipt thereof whenever it thinks the high degree of risk.
Secrecy of Information
There shall be prohibited directly or indirectly or by any other means save to the bodies authorities competent to apply this Act , any action of notification or inquiry or examination taken in respect of any operation suspected to relate to proceeds or terrorism financing.
Negation of Responsibility
The criminal, civil, administrative and disciplinary responsibility shall extinguish in respect of any person who submits in good faith notification on any suspected transaction, or provide information or data in accordance with the provisions of this Act.
classify their clients and products, according to the degree of risks of occurring of the operations of Money Laundering , or Terrorism Financing.
thorough and continuous follow-up of the operations performed by the clients, to verify that they are consistent with the information, which are available about their identification, and the nature of their activities, and the degree of the risks of the same; and up-date the data, information and documents continuously; in particular where the client is classified as one of a high degree of risk.
notify the unit with transactions suspected to be connected with proceeds or financing terrorism whether such transactions made or not provided that advocates shall not be obliged to notify if the information connected with their clients acquired upon performing evaluation of legal status the client or his representation before courts or providing the legal opinion in a matter .
the Financial and Non-financial Institutions shall abide by laying down such systems, as may guarantee the application of the provisions of this Act; provided that such systems shall include laying the internal systems , which contain the internal policies , procedure, control systems, abidance, obligation, appointment and training, in accordance with the safeguards, standards and rules, made by the competent bodies, in such way, as may be compatible with the activity of each, and the degree of risks of Money Laundering and Terrorism Financing.
keep the following registers and statements
The Financial Inquires Unit
Establishment of the Unit
There shall be established, at the Central Bank, an independent unit , for which the necessary funding shall be provided, to be known as the, "Financial Inquiries Unit", The Unit shall have competence to analyze the information which relate to the money suspected to be the proceeds of an offence, or from Terrorism Financing, and send such information to the competent Prosecution Attorneys Bureau, to dispose thereof, whenever it considers the establishment of evidence of the commission of one of the offences, provided for in the Criminal Act, 1991, or any law, as may replace the same. Likewise any offence, provided therefor in this Act, or any other law.
Constitution of the Unit
Secrecy of Information
Employees of the Unit shall abide by non-disclosure of the secrecy of such information, as they come to know, by the occasion of the business of their post; and such obligation shall continue up to after leaving work at the Unit . Such information shall not be disclosed, save for the purposes set forth in this Act.
Such obligation in sub-section (1) shall bind whoever peruses by virtue of his profession, post or work, directly, or indirectly such information.
Without prejudice to the provisions of section 6(1)(d), concerning the obligations of advocates, the Unit shall require, from any Financial, or Non-financial Institution, any information, as may be useful to carry out its post, or upon a request it receives from a foreign financial inquiry unit; and the Financial and Non-financial Institutions shall supply the Unit with such information and documents, within such period and manner , as the unit may specify; in exceptional cases, during examining the cases of suspicion, may require from the following bodies, additional information , whenever it deems them useful for carrying out its post, or upon a request it receives from a financial inquiry unit:
Notification of control and Supervision bodies
The Unit may notify the Control and Supervision Bodies, of any suspicion of contravention of the provisions of this Act, as may occur from the side of the Financial and Non-financial Institutions, which are subject to its control, or supervision power .
Temporary Suspension of Suspected Transaction
The Unit, in exceptional cases, during examining the cases of suspicion, it has received, may order suspension of the transaction, subject of suspicion temporarily, for a period not exceeding five days ; and the Unit, during such period shall transfer the notification to the Prosecution Attorneys Bureau, forthwith the availability of evidence of occurrence of an offence.
Receipt of Notification
The Unit shall inform the notified Institution of the receipt thereby of the notification, as to such safeguards, as the regulations may set forth.
Publication of Reports
The Unit shall abide by publication of periodical reports on the activities thereof, containing statistical data, and analytical studies, in the field of combating Money Laundering and Terrorism Financing.
The Unit ,of its own motion, or upon request of the counterpart units, in other countries, may exchange therewith information, whenever the same are bound by the rules of secrecy; and on condition of reciprocity . Such information shall not be used, save in the purposes, relating to combating Money Laundering, and Terrorism Financing.
The Administrative Committee
Establishment, seat and supervision of the Administrative Committee
There shall be established a committee, to be known as the, "Administrative Committee for Combating the Offences of Money Laundering and Terrorism Financing", and shall have corporate personality, and be constituted as follows:
The quarters of the Committee shall be in the Khartoum State.
The Committee shall be subject to supervision of the Minister.
Functions and powers of the Committee
The Committee shall be the higher administrative authority for combating Money Laundering, and shall have competence to lay down the general policy and plans and programmes for combating Money Laundering and Terrorism Financing. Without prejudice, to the generality of the foregoing, the Committee shall have the following functions and powers, to:
The Committee may delegate any of the powers thereof to its Chairperson, or any member thereof, or the Unit, as to such conditions, as it may deem fit.
Oath of the Committee
The Chairperson and members of the Committee shall, before receiving the tasks of work thereof, take the oath annexed thereto, before the Minister :
No legal proceedings shall be taken against the Chairperson of the Committee, any member thereof or any of its employees, for any matter, which relates to the field of his work, save after taking the necessary permission from the Minister.
Financial resources of the Committee
The Committee shall have the following financial resources:
Use of the resources of the Committee
The resources of the Committee shall be used to run its business and execute the functions thereof, in accordance with the provisions of this Act.
Budget of the Committee
The Committee shall have an independent budget, to be prepared in accordance with the sound accountancy bases laid down by the state from time to time Ministry of Finance and National Economy and the Committee shall submit such budget to the Council of Ministers through the Minister before the end of each financial year before sufficient time..
Keeping of Accounts Deposit of momy
Accounts of the Committee shall be audited by the General Audit Chambers, or any other certified auditor, as the Auditor General may approve, and under his supervision after the end of each financial statement of final account and National audit Chambers.
Statement of final account and Audit Chambers report
The Audit shall submit, to the Minister, within three Months, of the end of the financial year, the following reports:
The statements and reports, referred thereto in sub-section (1), shall be discussed in a meeting, presided by the Minister, and presence of the Auditor General and Chairperson of the Committee, or whoever may represent them, for passing and approval thereof.
Employees of the Committee
The Chairperson, members and employees of the Committee shall be deemed public servants, for the purposes of the Criminal Act.
The General Criminal Court shall have jurisdiction to consider the offences of Money Laundering, or Terrorism Financing .
Annulment of legal disposal
There Annulling of legal disposal disposal made of any money, or property, for the aim of avoiding the procedure of legal confiscation , or attachment; and in such case, there shall not be restituted, to the bona fide person, to whom the disposal is made, save the amount he has actually paid.
Offences of Money Laundering and terrorism financing
Disposal of confiscated money
Declaration of Currency
Power to make regulations
The Competent Minister , the Financial Inquires Unit and Control and Supervision Bodies, each in the field of his competence may make such regulations, as may be necessary for implementation of the provisions of this Act.
Made, under my hand, on the …………………….., of ………………… , 2009, A.D., being the ………………………….., of ………….., 1430, A.H.
Omar Hassan Ahmed Al-Bashir
President of the Republic
See Section 28
Oath of the Committee
" I swear by Almighty Allah, his Holy book, to perform my the duties of the committee honesty, and keep secrecy of all what connected my work from information, documents and not disclose except to the competent authorities to make compromise between the required secrecy to preserve, the accounts and transactions of persons and the required transparency for combating offences of money laundering and terrorism financing , and Allah, is a witness to what I say".