INTER-GOVERNMENTAL ACTION GROUP AGAINST MONEY LAUNDERING IN WEST AFRICA Mutual Evaluation Implementation Action Plan Anti-Money Laundering and Combating the Financing of Terrorism GHANA MAY 5 2011 1
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Name of Country: GHANA Date of on-site Mutual Evaluation: 20 30 April, 2009 Name of Assessor : GIABA Date of adoption of last Mutual Evaluation: 1 st November, 2009 Date of Follow Up/Progress Report: 6 th December, 2010 Ratings for Core and Key Recommendations Rec 1 3 4 5 10 13 23 26 35 36 40 I II III IV V LC PC C NC PC PC NC PC PC PC LC NC NC NC NC NC Recommended Action (as listed in the 1. Ratify UN Convention against Transnational Organised Crime (Palermo Convention) R1, R35 2.Validate the National Strategy and Action Plan and disseminate to all key stakeholders. R1, R23 3. Amend Criminal Offences Act, 1960 (Act 29) to criminalise: Participation in Organized Criminal Activity and racketeering; and Sexual exploitation including the sexual exploitation of children R1, R3 4. Enact the Economic and Organised Crime Regulations. R3, R4, R26, R36, SRIII, SRIV 5. Amend Immigration Act, to Criminalise Migrant Smuggling R1, R35 July 2011 Instrument in Parliament Awaiting Parliamentary ratification - Ministry of Justice and Attorney-General s Department (MOJAG) May 2011 Document finalised Awaiting the signature of the Minister for Finance and Economic Planning (MOFEP). In Parliament as part of the amendment of Criminal Offences Act, 1960 (Act 29). Instructions for drafting to be issued to MOJAG Draft amendment bill submitted to Ministry of the Interior Awaiting Parliamentary approval. Awaiting Cabinet approval. Awaiting action from Ministry of the Interior - AML/CFT stakeholders - MOFEP - IMC - Economic and Organised Crime Office - Ministry of the Interior Support from Parliament Support from GIABA Support from Ministry of the Interior, National Security Council Secretariat and the FIC Support from MOJAG 3
Recommended Action (as listed in the 6. Amend the Anti-Money Laundering Act, 2008 (Act 749) to provide for: Security of tenure of office of the Chief Executive Officer (CEO) and Deputy Chief Executive Officer ( DCEO) of the Financial Intelligence Centre (FIC). December 2012 Consultants engaged to review financial laws Submission of consultants reports Awaiting Cabinet approval Support from IMC and FIC R26 7. Enact the Extradition Act R4, R36, R40 8. Enact Anti-Terrorism Regulations and adopt required procedures R13, R35, R36, R40, SRI, SRII, SRIII, SRIV, SRV December 2012 Extradition Act under review Awaiting Cabinet approval Regulations to be drafted Awaiting Cabinet approval Support fro UNCTED and UNODC 9. Enact ATA Regulations and guidelines R13, R35, R36, R40, SRI, SRII, SRIII, SRIV, SRV Regulations to be drafted Awaiting Cabinet approval -LEAs Support from UNODC and FIC 10. Enact Mutual Legal Assistance Regulations R36, R40, SRIV, SRV November 2011 Regulations to be drafted Awaiting Parliamentary approval Support from Ministry of Foreign Affairs and Regional Integration, Ministry of the Interior and Office of the Chief Justice. 11. Build the capacity of Financial s (FIs) to implement the AML/CFT laws and regulations Compliance Officers of FIs training by GIABA Training to be provided by OTA/USA - FIs Support from GIABA and Development Partners R23 12. Establish and define the role of Law Enforcement Coordinating Bureau and IMC R26, R40 June 2011 IMC inaugurated and held first meeting Implementation of AML/CFT Action Plan - National Security Council Secretariat - LEAs Support from IMC, FIC and GIABA 13. Sign MOU amongst the LEAs regarding the framework for coordination and cooperation. R40 IMC inaugurated and held its first meeting. Implementation of AML/CFT Action Plan - Bureau of LEAs Support from MOJAG and Ministry of the Interior 14. Develop supervisory guidelines for FIs R25 AML/CFT units established in Banking Supervision Department (BSD) of the Bank of Ghana Establishment of AML/CFT units in the other regulatory s. - Regulators Support from FIC and GIABA 4
Recommended Action (as listed in the 15. Develop supervising guidelines for DNFBPs and other SRBs R5, R10,R13 SRIV IMC inaugurated and held first meeting IMC to determine Ministry/Authority - IMC Support from FIC and Development Partners 16. Develop AML/CF internal compliance guidelines by AIs R23 Internal compliance guidelines developed for the AML/CFT unit in BSD Compliance guidelines for the other regulatory institutions. Support from Development Partners 17. FIs reporting to FIC on suspicious transactions or activity On-going STRs are submitted on suspicious transactions and activities Sending timely and correct information - AIs Support from FIC R13 18. Develop guidelines for the FIC-AIs forum. R40 Compliance Officers of AIs hold regular meetings and the FIC is invited as and when to make presentations. Guidelines yet to be drafted - AIs Support from Regulators 19. Design a standardised Draft of MOU for Ghana R40, SRV - Ministry of Foreign Affairs and Regional Integration Support Development Partners 20. Sign MOUs with identified international counterparts that have impact on Ghana s AML/CFT regime R40, SRV 2010-2014 Correspondence on-going for MOUs to be signed between the Francophone Centifs (Togo, Benin etc) and Ghana Awaiting comments from MOJAG Support from Development Partners 21. Join the Egmont Group of Financial Intelligence Units R40, SRV June 2013 Nigeria and USA indicated readiness to mentor the FIC Mentoring plans yet to be initiated - FinCEN - NFIU Support GIABA 22. Establish exchange programmes between Ghana and other countries R35, SRV - Ministry of the Interior Support from LEAs 23. Sign agreements with the international community for intelligence sharing June 2012 Nigeria and USA indicated readiness to mentor the FIC Mentoring plans yet to be initiated - Ministry of the Interior Support from LEAs R35, SRV 24. Enter into bilateral/ multilateral arrangements, especially with neighbouring countries, to prevent ML/FT and ensure collaborative action for the prosecution of offenders June 2011 Correspondence on-going for MOUs to be signed between the Francophone Centifs (Togo, Benin etc) and Ghana Awaiting comments from MOJAG - Regulators - LEAs Support from AIs R40 5
Recommended Action (as listed in the 25. Participate in Regional annual Civil Society Forum on corruption, ML/FT, etc R35 2010-2014 GIABA/FIC organised an open house forum for the Youth, Media and civil Society in March, 2011 Other fora ongoing in partnership with Ghana Anti- Corruption Coalition and Commission on Human Rights and Administrative Justice (CHRAJ) - Stakeholder s Support from GIABA and Development partners Code of Ethics against Corruption launched by Chief Justice for the Judicial Service 6