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Article
Publication date: 13 June 2022

Ogochukwu Monye and Louis De Koker

Nigeria needs to improve its national identification coverage to support improved anti-money laundering and combating of financing of terrorism and proliferation (AML/CFT…

Abstract

Purpose

Nigeria needs to improve its national identification coverage to support improved anti-money laundering and combating of financing of terrorism and proliferation (AML/CFT) measures. This study aims to examine its ongoing identification harmonization project, which seeks to create a central database for digital identification across designated entities. It identifies the key stakeholders in the project, progress to date as well as key challenges, especially relating to the inclusivity and privacy and data protection concerns of the current scheme to provide national identification numbers.

Design/methodology/approach

The authors apply a doctrinal research methodology and use the Principles on Identification for Sustainable Development to identify and reflect on key challenges.

Findings

The national identification harmonization project and the ongoing drive to register National Identity Numbers for Nigerians could provide valuable support for more effective and efficient AML/CFT identity verification and authentication. The project and processes, however, hold significant risks in relation to data protection. These are exacerbated by the absence of a comprehensive data protection framework. National identity data can be vulnerable to political abuse and targeting by bad actors. National identity data systems must, therefore, be protected by clear, fair and comprehensive privacy and data protection rules and appropriate and accountable governance mechanisms. While Nigeria is adopting and implementing the relevant framework, the NIMC can do more to advance data protection by supporting informed consent and compliance by all participants and publishing this information to build public trust in the system. It can also be disciplined about only collecting minimal and necessary personal data and printing only basic personal details such as name and age on the general multi-purpose ID card. The NIMC should furthermore improve access to the national identification number by streamlining the process of registration, including supporting same day registration and on-the-spot card printing; setting up more registration points as well as mobile registration to cut down queues; and increasing the range of registration agents and points to include schools, police stations and health facilities. Consideration for social, cultural and religious norms is also vital to appropriately accommodate the variety of groups and cultures in Nigeria.

Research limitations/implications

Research materials include government policy documents as well as newspaper articles and reports on more recent developments and experiences that are not yet reflected in more formal documents. The research materials, however, reflect both the intention of the government and the reported experiences of those registering for a National Identification Number.

Practical implications

This study identifies the practical steps that can be taken to enhance data protection and increase the inclusivity of the measures to provide Nigerians with National Identification Numbers.

Social implications

The recommendations that are made are aimed at increasing the inclusivity of the National Identification Number scheme and at providing improved protection of personal data of applicants for, and holders of, these numbers.

Originality/value

This study contributes to the policy discussion around the national identification harmonization project by applying as a lens key elements of the Principles on Identification for Sustainable Development that are relevant from a financial integrity perspective.

Details

Journal of Financial Crime, vol. 29 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Content available
Article
Publication date: 1 July 2014

Louis de Koker

141

Abstract

Details

Journal of Financial Crime, vol. 21 no. 3
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 31 December 2002

Louis de Koker

Reports a study by the Centre for the Study of Economic Crime at Rand Afrikaans University into the characteristics of money laundering schemes in South Africa; these were…

1097

Abstract

Reports a study by the Centre for the Study of Economic Crime at Rand Afrikaans University into the characteristics of money laundering schemes in South Africa; these were discussed at a workshop on December 5 2001. Outlines the 1998 Proceeds of Crime Act (POCA), the 1992 Drugs and Drug Trafficking Act and their general money laundering provisions, including negligence and intent, defence and penalties; also the racketeering provisions of POCA. Moves on to the reporting of suspicious transactions, where the POCA provisions will be repealed by the new Financial Intelligence Centre Act (FICA); this covers general obligations, secrecy and confidentiality, penalties, preventing tipping‐off, and reporting statistics. Gives examples of the schemes themselves, which fall into broad themes: purchase of goods and properties, abuse of businesses and financial institutions, cash and currency, and the informal sector; case studies include S v Dustigar, Motsepe v Commissioner of Inland Revenue, S v Van Zyl, S v Caswell, and Director of Public Prosecutions: Cape of Good Hope v Bathgate.

Details

Journal of Money Laundering Control, vol. 6 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 31 December 2002

Louis de Koker

Outlines the Financial Intelligence Centre Act (FICA) 38 of 2001, which completes the broad legislative framework for money laundering in South Africa. Describes the functions of…

Abstract

Outlines the Financial Intelligence Centre Act (FICA) 38 of 2001, which completes the broad legislative framework for money laundering in South Africa. Describes the functions of the Financial Intelligence Centre, including its liaison with the South African Revenue Service, and the Money Laundering Advisory Council; both of these bodies were established by FICA. Reviews the existing legislation such as the Drugs and Drug Trafficking Act 140 of 1992, and the 1996 Proceeds of Crime Act, which was repealed by the Prevention of Organised Crime Act 121 of 1998. Points out the gaps in the legislative framework before FICA; however, over 2,500 suspicious transaction reports have been filed with the police since 1997, and South Africa has had strict exchange control for some time, with gambling, the stock exchange and banking all locked into compliance.

Details

Journal of Money Laundering Control, vol. 6 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 16 October 2009

Louis de Koker

The purpose of this paper is to investigate the level and nature of criminal abuse of financial products that are classified as posing a low anti‐money laundering/combating of…

1367

Abstract

Purpose

The purpose of this paper is to investigate the level and nature of criminal abuse of financial products that are classified as posing a low anti‐money laundering/combating of financing of terrorists (AML/CFT) risk in South Africa to determine the effectiveness of the simplified due diligence measures that apply to these products.

Design/methodology/approach

The paper presents empirical research on the views of bank officials and law enforcement officials regarding the criminal abuse of South African financial products that are subject to simplified customer due diligence controls.

Findings

South Africa's AML/CFT laws allow certain deposit‐taking institutions and money remitters to implement simplified customer due diligence measures in relation to specific low‐risk products that are mainly designed to allow previously unbanked persons to access financial services. The paper finds that the products have been abused by criminals but that the incidence of such abuse and the amounts involved are low. The paper investigates possible weaknesses in the current system that allow limited criminal abuse to occur. It concludes with a number of guidelines that emerge from the study and are of value to regulators that wish to implement a similar system.

Originality/value

The South African AML/CFT scheme in relation to low‐risk products is of interest to many international regulators that are grappling with the interplay between effective AML/CFT controls and the impact of strict controls on the ability of socially and economically excluded persons to access appropriate financial services. This paper provides evidence that appropriately designed controls can facilitate financial inclusion while limiting the risk of criminal abuse.

Details

Journal of Money Laundering Control, vol. 12 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 January 2006

Louis de Koker

The purpose of this paper is to explore the relationship between anti‐money laundering (“AML”) and combating of financing of terrorism (“CFT”) customer due diligence (“CDD”…

5781

Abstract

Purpose

The purpose of this paper is to explore the relationship between anti‐money laundering (“AML”) and combating of financing of terrorism (“CFT”) customer due diligence (“CDD”) measures in the financial services industry, and exclusion from financial services.

Design/methodology/approach

An introduction to the concept of financial exclusion is provided as well as an overview of international AML/CFT CDD standards. The paper highlights a softening of national CDD measures in South Africa and the UK to lessen the impact on financial exclusion.

Findings

Countries should consider the impact that CDD requirements may have on financial exclusion when they design their AML/CFT systems.

Research limitations/implications

Multi‐discilinary research is required to improve the understanding of the broader interaction between AML/CFT objectives, financial exclusion and economic development, especially in countries with a large informal economy.

Practical implications

CDD requirements may unnecessarily exacerbate financial exclusion if they are not formulated with care to reflect the reality of the particular country setting.

Originality/value

The paper offers insights into the international standards resulting to the identification of clients and the experiences in the UK and South Africa regarding the implementation of these standards on financial exclusion.

Details

Journal of Financial Crime, vol. 13 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 January 1996

A unifying theme apparent at this year's Symposium was the need for balance when lifting the veil of bank secrecy: (1) the need to protect civil liberties versus the need to fight…

Abstract

A unifying theme apparent at this year's Symposium was the need for balance when lifting the veil of bank secrecy: (1) the need to protect civil liberties versus the need to fight crime; (2) the bank's need to balance its role as policeman while furthering its commercial objectives; (3) the necessity of weighing international cooperation against the awareness that individual nations jealously guard their own legislative regime; (4) the dichotomy of technology that serves both to protect and penetrate secrecy; (5) the balance required when investigating crimes.

Details

Journal of Financial Crime, vol. 3 no. 3
Type: Research Article
ISSN: 1359-0790

Content available
Article
Publication date: 1 January 2013

136

Abstract

Details

Journal of Financial Crime, vol. 20 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 February 1998

Elizabeth Turkson

The Fifteenth International Symposium on Economic Crime, on the subject of ‘The Globalisation of Crime — the electronic dimension’ was held at Jesus College, Cambridge University…

Abstract

The Fifteenth International Symposium on Economic Crime, on the subject of ‘The Globalisation of Crime — the electronic dimension’ was held at Jesus College, Cambridge University from 14th to 20th September, 1997. Previous symposia have been convened to discuss a variety of issues relating to economic crime. In recent years, they have focused on areas of concern such as banking secrecy, how to take the profit out of crime, on cross‐border commercial crime, as well as on how to manage the risks of economic crime.

Details

Journal of Financial Crime, vol. 5 no. 4
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 1 April 2021

Lewis Chezan Bande

The purpose of this paper is to critically appraise the legal definition of the offence of money laundering under Malawian law. The goal is to evaluate whether the definition…

Abstract

Purpose

The purpose of this paper is to critically appraise the legal definition of the offence of money laundering under Malawian law. The goal is to evaluate whether the definition meets international standards and best practices on legal definition of money laundering, particularly as contained in the United Nations Convention against Transnational Organized Crime (UNCATOC).

Design/methodology/approach

The paper is a doctrinal analysis of the legal definition of the offence of money laundering under Malawian law. It examines the constituent elements of the offence based on the traditional conception of a criminal offence as constituting the prohibited conduct (or actus reus) and the mental element (or mens rea). The paper comparatively evaluates the offence vis-à-vis international standards and best practices, particularly as contained in the UNCATOC.

Findings

The paper concludes that the definition is compliant with international standards and best practices.

Research limitations/implications

The paper is based on the statutory definition of the offence, but was unable to examine how the offence is interpreted and applied in concrete cases by Malawian courts. The reason is the lack of any case law through which courts have interpreted and applied the offence.

Practical implications

The paper provides the template for future interpretation and application of the offence by courts in the future.

Social implications

Enhancing the clarity and certainty in the law on money laundering in Malawi.

Originality/value

The paper is an elucidation of a statutory provision that was recently adopted in Malawi and for which there is no authoritative clarification. The paper, therefore, makes an invaluable contribution to the fight against money laundering in Malawi by being a guide to law enforcers, lawyers, courts and policy/legislative makers.

Details

Journal of Money Laundering Control, vol. 24 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

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