JUDGES, PROSECUTORS DISCUSS MONEY LAUNDERING, TERROSIM FINANCING INVESTIGATIONS, PROSECUTION AND ADJUDICATION
Over 80 judges and prosecutors from Uganda and the COMESA states are meeting at the Lake Victoria Serena Hotel to discuss the adjudication of financial crimes under the theme “Strengthening capacities to tackle money laundering and terrorism financing cases”.
The training is graciously supported by the COMESA Secretariat, German Cooperation for International Development (GIZ) Global programme on combatting financial crimes and jointly organized with the FIA.
According to Dr. Justice Michael Mtambo from the COMESA Court of Justice, the Ministers of Foreign Affairs from the Eastern and Southern Africa, met in Lusaka in June last year, identified shortfalls in the effective implementation of Anti-Money -Laundering frameworks and asked the COMESA secretariat to support member countries to strengthen their systems. This was how COMESA came to partner with the Financial Intelligence Authority to organize and conduct a capacity building workshop for the judges and prosecutors to appreciate the intrinsic dynamics of the financial crimes
Some of the shortfalls identified included inadequate capacity, resources and expertise to implement strategies of fighting the money laundering and financing of terrorism. Are limited use of technologies such as data analytics to detect the crimes, inadequate customer due diligence which makes it easier for criminals to avoid financial systems as well as limited international cooperation and information sharing.
Opening the workshop which has attracted judges from Rwanda, Seychelles, Egypt,COMESA Court of Justice and prosecutors from the Office of the Director of Public Prosecutions, with expertise in money laundering and terrorist financing investigations, the Executive Director FIA, Mr. Samuel Were Wandera observed that modern AML/CFT systems recognise the aspects of policy and coordination, as well as preventive measures and their supervision.
He said the judicial officers form part of the very important third big pillar of AML/CFT systems, which is the repressive side which detects and disrupts money laundering schemes and terrorist financing threats.
Mr. Wandera said the engagement with the judges is one of the demonstrations of FIA's commitment to capacitate ourselves in the fight against Financial Crimes.He appreciated the Principal Judge, Justice Flavian Zaija, DPP Ms. Jane Frances Abodo and the Executive Director of the Judicial Training Institute, Lady Justice Damalie Lwanga
I want to express my utmost appreciation to the Principal Judge of the High Court of Uganda, Justice Flavian, Nzeija , the Director of Public Prosecutions Lady Justice Francis Abodo and the Executive Director of Judicial Training Institute Lady Justice Damalie, for their efforts in co-organising this event- or having supported the attendance of a number of participants .He also in a special way acknowledge and appreciate the COMESA Secretariat, GIZ for funding the training and providing technical experts from ESAAMLG , UNODC and NITA-U who facilitate the training.
The FIA Principal was confident that the more than 80 participants commitment to acquiring knowledge and skills on the application of the money laundering and terrorism financing cases(the investigation, prosecution and adjudication of money laundering cases)
Mr. Wandera noted Money Laundering is a crime and those who attempt to legitimize this illegal activity undermine the integrity of the financial system. It maybe that many in the public are not aware of this crime and there is likely a need for an awareness campaign to educate our society.
As judges, Wandera said,”you hold a pivotal role in shaping this future. Your decisions can set precedents, inspire change, and ensure that the rule of law prevails over the clandestine operations of money launderers and other criminals. As FIA we are very glad to host this event given our long-standing commitment to the ICRG to build capabilities of judges and prosecutors in tackling money laundering and terrorism financing cases.
This workshop has come at a time when we need to demonstrate to FATF that the Money laundering and Terrorism financing cases are investigated and prosecuted in line with the country’s risk profile.
The workshop was also addressed by the advisor of the GIZ Global Programme for combating financial crimes, Mr. Benjamin Maina. The FIA Director of ICT Security and Systems, Mr.Cyrus Barigye said the Authority had embarked on a national survey on virtual assets and Virtual Assets services providers to assess the specific ML/TF risks
In line with international money laundering standards, every country is required to undertake a mutual evaluation which is basically an assessment of how the country is complying with the international money laundering standards. Uganda underwent its second round of mutual evaluation in 2015. At the time, Uganda had just enacted the Anti-Money Laundering Act, 2013 and established the Financial Intelligence Authority. Therefore, the country’s ratings in both technical compliance as well as the effectiveness in implementing international AML/CFT standards were not good.
A number of recommendations were made in this mutual evaluation, which Uganda had to implement in order to improve its technical compliance with the FATF standards and the country’s level of effectiveness in implementation of the same.
I am happy to report that, many of the recommendations from the mutual evaluation report have since been implemented, and the country submitted a request to the ESAAMLG for re-ratings on Uganda’s technical compliance with some of the 40 FATF Recommendations. Many of the ratings have since been upgraded and Uganda was successfully removed from the grey list.
As FIA we are very glad to host this event given our long-standing commitment to the ICRG to build capabilities of judges and prosecutors in tackling money laundering and terrorism financing cases.
This workshop has come at a time when we need to demonstrate to FATF that the Money laundering and Terrorism financing cases are investigated and prosecuted in line with the country’s risk profile.
The National Risk Assessment report revealed the country’s risk profile. Domestically, the most proceeds-generating predicate offences are: corruption, fraud (that includes; cybercrime, obtaining money by false pretences, visa fraud, identity theft, and pyramid schemes.), tax crimes (tax evasion and fraud), and counterfeiting of goods.
On the other hand, at external/trans-national level (committed outside of Uganda and the proceeds laundered in or through Uganda), the most proceed-generating predicate offences were drug trafficking, human trafficking, smuggling, wildlife offences and tax evasion. In addition, the findings of the assessment indicate that terrorist threats emanate mainly from external sources within the region.
The international standards demand that the predicate offences for Money Laundering should cover all serious offences, with a view to including the widest range of predicate offences.
The Money Laundering offence should extend to any type of property, regardless of its value, that directly or indirectly represents the proceeds of crime.
The are many techniques used when investigating and prosecuting organised crime and terrorism and depriving criminals or terrorists of their illicitly acquired profits which form part of the pertinent issues which will be discussed during the sessions you will be holding over the next two days.
Therefore, the workshop seeks to provide a platform for gathering and sharing experiences, regarding the prosecution, investigation and adjudication of money laundering and terrorism financing cases, the challenges and best practices in investigating and prosecuting money laundering and terrorist financing cases and build synergies to facilitate successful prosecution of cases.
This will enable us all to maintain comprehensive statistics on matters relevant to the effectiveness and efficiency of our AML/CFT system (statistics on Suspicious transactions, received and disseminated, ML/TF investigations, prosecutions and convictions, statistics on frozen, seized and confiscated property, Mutual legal assistance or other international requests for co-operation made and received, as well as experiences and examples of prosecutions and investigations among others).
Ladies and gentlemen all of us here are at the forefront of the justice delivery system in the country. The expectation of the nation is that we must deal decisively with this vice. To be able to do that, we need to be adequately prepared both materially and mentally to defeat this monster. Therefore, there is need for co-operation in the fight against money laundering and terrorism financing.
This workshop is also a sign of the long-standing domestic cooperation between the judges and prosecutors and regional cooperation with judges from other regions.
I urge all members present both from Uganda and other jurisdictions to take this opportunity to build synergies that will aid the national cooperation, coordination and mutual legal assistance during the prosecution and investigation of money laundering and terrorism financing cases.
Once again, I would like to thank colleagues from the COMESA, GIZ, ESAAMLG, UNODC, for providing us with technical support by availing us with skilled facilitators who will take you through the sessions for these two days.
I want to thank every one of you for agreeing to be part of the training. I can assure you the ends of justice and the country at large will benefit immensely from what we are doing here.
With this I wish you all a successful workshop with many new ideas, insights and conclusions.
Thank you very much!