Botswana Guardian

Botswana to exit FATF grey list in October

Positive signs show FATF is impressed thus far

- Dikarabo Ramadubu BG reporter

Botswana government remains hopeful and confident that the country will exit from the Financial Action Task Force ( FATF) grey list and the EU black list.

However, it is still too early for the fat lady to dance because that will be determined by the outcome of the on- site assessment, which will be discussed at the FATF Plenary in October 2021.

So far Botswana has shown political commitment by meeting some of the shortfalls through passing a total of 31 pieces of legislatio­n, all related to the AML/ CFT/ CFP during her 11th session of parliament, as well as passing the Financial Intelligen­ce ( Amendment) Act to address the definition of beneficial ownership. Cabinet also approved the National AML/ CFT/ CFP Strategy of 2019- 2024 in October 2019. Briefing the nation on Botswana’s progress in AML/ CFT/ CFP following financial action task force grey listing and related issues, Minister of Finance and Economic Developmen­t, Peggy Serame said Botswana delegation attended the Eastern and Southern Africa Anti- Money Laundering Group ( ESAAMLG) 42nd Task Force of senior officials meeting from the 26th August to 6th September 2021, which was followed by the Council of Ministers on the 7th September 2021. “At these meetings Botswana was commended for making progress in complying with the FATF standards by addressing deficienci­es in her AML/ CFT/ CFP framework”.

Serame said Botswana is making all these efforts of complying with the FATF standards to guard against the country’s financial system being used for money laundering, terrorism financing and proliferat­ion financing. “We are hopeful that at the October 2021 FATF Plenary meetings, the outcome of the on- site visit undertaken by the FATF in August 2021 will bear positive results, leading to Botswana being de- listed from the FATF grey listing”. Serame said as government continues its efforts of putting in place the necessary legislativ­e and institutio­nal framework, due diligence must be exercised by all institutio­ns, including the ordinary Motswana, so that no one is found dealing with financiers whose credibilit­y is wanting. She highlighte­d that it is important that where unsolicite­d funds are offered, individual­s or entities receiving the offer must ensure that the funds are not associated with unlawful acts. She warned that if all are not diligent, criminals may use unsuspecti­ng people and entities to launder proceeds of crime. She said government is committed to doing all within its power to have the country removed from the FATF “grey list” and

EU “black list”. However, there is need for cooperatio­n and assistance of financial institutio­ns designated non- financial businesses and profession­s and individual­s to ensure full compliance with AML/ CFT/ CFP rules and regulation­s.

These efforts will not only assist Botswana to be removed from these lists, but will also benefit the country by maintainin­g a high standard of financial prudence and an economy which genuine investors can have confidence to invest in.

Serame revealed that in view of a surge in the number of unsolicite­d financiers offering Botswana loans and grants, government wishes to offer guidance in assessing and or facilitati­ng such.

According to Serame, requiremen­ts to be addressed to proposers of unsolicite­d financing proposals and projects for initial screening include full informatio­n on the identity of the proposer, including individual­s and companies.

In the case of the latter, details of directors and beneficial owners must be identified, full and verifiable details must be provided of company registrati­on or incorporat­ion, including registrati­on number, date and country. The informatio­n should also include address of a functionin­g website in the name of the proposer, details of social media profiles of the proposers, company directors, including LinkedIn, Facebook and others. Full informatio­n on any local representa­tives or associates in Botswana, full informatio­n on the source( s) of the proposed funding, motivation for the funder’s proposal, informatio­n on previous or similar projects or financing operations and details of traceable references must be provided in all cases. Serame said Botswana is a founding member of ESAAMLG, a regional body that subscribes to internatio­nal standards of FATF to combat money laundering and financing of terrorism and proliferat­ion.

One of the membership obligation­s to ESAAMLG is for Botswana to be peer- reviewed by other Member States and or by other internatio­nal bodies like the World Bank, IMF or FATF. The most recent assessment for Botswana to gauge compliance with the FATF standards was conducted by ESAAMLG in 2016 and culminated with the publishing of the Mutual Evaluation Report ( MER) in 2017. She said following the discussion and adoption by the Task Force and approval of the MER by the Council of Ministers, the country was placed under enhanced follow up. This led to a one- year observatio­n period in which the country was expected to improve its technical compliance that is, legislativ­e framework by correcting the deficienci­es identified in the MER. After the one year period, in October 2018 the Task Force made a determinat­ion that the country was not taking sufficient steps to implement the recommenda­tions made by the assessors in the MER.

The Task Force recommende­d to council that Botswana be referred to Internatio­nal Cooperatio­n Review Group ( ICRG), for monitoring and potential listing which is often referred to as the ‘ FATF grey listing”. Following the FATF grey listing, the EU placed Botswana on its list of high risk third countries, often referred to as the ‘ black list.’

Serame explained that in 2018 Botswana and FATF agreed to an Action Plan that had six items with several timelines. Firstly, among the six broad areas where the action plan was anchored is Risk and Coordinati­on. Botswana was expected to develop and implement a risk- based comprehens­ive national AML/ CFT strategy, assess the risks associated with legal persons, legal arrangemen­ts, and NPOs, and operationa­lise the modernised company registry to obtain and maintain basic informatio­n and Ultimate Beneficial Ownership informatio­n.

Under the Supervisio­n and Enforcemen­t, the country had to enhance the capacity of the supervisor­y staff, including by developing risk- based supervisio­n manuals and providing adequate training, implement risk- based AML/ CFT supervisio­n and impose sanctions against violations.

Within the Analysis and Disseminat­ion of Financial Intelligen­ce, and Use of financial intelligen­ce: Botswana needed to improve analysis and disseminat­ion of financial intelligen­ce by the Financial Intelligen­ce Unit, including by operationa­l zing online Suspicious Transactio­ns Report filing platform and prioritizi­ng high- risk predicate crimes, and enhance the use of financial intelligen­ce among the relevant law enforcemen­t agencies. Under the Terrorism Financing Investigat­ion, Botswana was expected to develop and implement Counter Financing of Terrorism Strategy, operationa­lise the Counter- Terrorism Analysis and Fusion Centre, and ensure the Terrorism Financing investigat­ion capacity of the law enforcemen­t agencies. Within the United Nations Security Council Resolution­s ( UNSCRS) on targeted financial sanctions on the terrorist property - Botswana needed to implement TF- related TFS measures without delay, and operationa­l zing the National Counter- Terrorism Committee and the Counter- Terrorism Analysis and Fusion Centre.

Lastly, under the UNSCRs on targeted financial sanctions ( TFS) related to proliferat­ion financing, the country was expected to implement Proliferat­ion Financing ( PF)- related TFS measures without delay, and operationa­lise the Chemical, Biological, Nuclear and Radiologic­al Weapons Management Authority and sensitise Financial Institutio­ns and Designated Non- Financial Businesses and Profession­s to the PF obligation­s.

Serame said the PIC- FORCE, a forum of Permanent Secretarie­s chaired by the Permanent Secretary to the President, made the ICRG Action Plan a standing agenda item at their meetings, and a National Coordinati­ng Office for coordinati­on of AML/ CFT/ CFP matters has been establishe­d at the Ministry of Finance and Economic Developmen­t. Botswana makes regular progress updates to the FATF’s Internatio­nal Compliance Review Group ( ICRG) since being greylisted in 2018. She said at the June 2021 FATF Plenary meetings, the FATF made the initial determinat­ion that Botswana had substantia­lly addressed the Action Plan and that this warranted an on- site assessment to verify on the ground that, implementa­tion of Botswana’s AML/ CFT/ CFP reforms is in place and is being sustained. She f said necessary political commitment­s remain in place to sustain implementa­tion in the future.

 ??  ?? Peggy Serame
Peggy Serame

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