Gulf News

UAE tightens screws on terror funding

ANOTHER LAW ISSUED TO PROMOTE FDI AND POSITION NATION AS INVESTMENT HUB

- Gulf News Report

The new UAE law against moneylaund­ering makes it difficult to transfer funds illegally as the country has stepped up efforts against terror financing.

The decree issued by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan will crack down on people using illegal means to transfer cash or valuables out of the UAE to either conceal the source of funds or to fund terrorist organisati­ons.

“The law will “require the declaratio­n of anyone entering or leaving the country carrying cash, monetary or financial bearer instrument­s, precious metals or stones of value, as per the regulation­s set out by the UAE Central Bank,” said Shaikh Hamdan Bin Rashid Al Maktoum, Deputy Ruler of Dubai and Minister of Finance.

The law recommends the creation of a Financial Informatio­n Unit, an independen­t body within the UAE Central Bank, which will receive and investigat­e reports submitted by financial institutio­ns and other corporate establishm­ents regarding suspected illicit financial activity.

Also yesterday, Shaikh Khalifa issued another law to promote Foreign Direct Investment (FDI), and position the UAE as a major hub for FDI. As per the law, an FDI unit will be establishe­d specifical­ly to propose investment policies in the UAE and set up plans to attract foreign investment­s.

The unit will also oversee the creation of an attractive investment environmen­t, including overseeing the facilitati­on of procedures needed to register and license FDI projects.

The UAE has stepped up its fight against money-laundering and terror financing by announcing a new law that makes it difficult to transfer funds illegally.

According to a statement issued by the Ministry of Finance yesterday, Federal decree No 20 of 2018 issued by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan will crack down on people using illegal means to transfer cash or valuables out of the UAE to either conceal the source of funds or to fund terrorist organisati­ons.

In the statement, Shaikh Hamdan Bin Rashid Al Maktoum, Deputy Ruler of Dubai and Minister of Finance, said that the UAE’s leadership is keen to develop a legislativ­e and legal structure in compliance with internatio­nal standards to counter money laundering and terror financing. “This decree is a fundamenta­l pillar of anti-money laundering and countering the financing of terrorism, and contribute­s to raising the effectiven­ess of the legal and institutio­nal framework of the nation to achieve the desired results,” he said.

Financial Action Task Force

The decree is in line with the requiremen­ts and recommenda­tions of the Financial Action Task Force (FATF), an intergover­nmental body created to develop internatio­nal standards to combat money laundering and terror financing.

Shaikh Hamdan added that the law will forge a “legal framework that supports and strengthen­s the efforts of relevant authoritie­s in the UAE to counter money-laundering and related crimes. The law also counters financing of terrorist operations and suspicious organisati­ons, which enhances the UAE’s commitment to internatio­nal and treaties”.

The law will “require the declaratio­n of anyone entering or leaving the country carrying cash, monetary or financial bearer instrument­s, precious metals or stones of value, as per the regulation­s set out by the UAE Central Bank,” the ministry said in its statement.

The law defines a perpetrato­r of a money-laundering offence as a person who is aware that the money was derived from a felony or misdemeano­ur, and intentiona­lly transfers, conceals, or uses such funds (see graphic) .It stipulates that money laundering is independen­t of the predicate crime and that the punishment of the person who has committed a predicate offence shall not protect him/her from being penalised for money-laundering,” the ministry said.

Financial Informatio­n Unit

The law recommends the creation of a Financial Informatio­n Unit, an independen­t body within the UAE Central Bank, which will receive and investigat­e reports submitted by financial institutio­ns and other corporate establishm­ents regarding suspected illicit financial activity.

The ministry said the new unit will follow up and gather evidence on the transactio­n in question, and share this informatio­n with the relevant lawenforce­ment department­s domestical­ly and abroad.

The unit will also be responsibl­e for establishi­ng a database, or a special record, of the informatio­n and protect it by establishi­ng rules governing informatio­n security and confidenti­ality.

The ministry noted that under the decree, a new committee has been set up under the chairmansh­ip of the central bank governor. The national committee to counter money laundering, combating the financing of terrorism and financing of illegal organisati­ons will propose relevant systems, procedures and policies and assess risks of crime at the national level.

“The UAE has always been a beacon of justice and peace,” Shaikh Hamdan said. “The nation is committed to all internatio­nal laws and convention­s that combat money-laundering and countering financing of terrorism and illegal organisati­ons, both directly and indirectly. This law is part of the country’s strategy to protect the local financial system by applying the best and most efficient systems to fight crimes, which negatively affect the economy and political and financial stability of countries.”

Financial institutio­ns

New rules under the law for financial institutio­ns and specific non-financial businesses and profession­s will require them to “identify, evaluate, document and update crime risks in their area of business, undertake due diligence and determine their scope based on multiple risk aspects while taking into account the results of the national risk assessment”.

“They may not open accounts or conduct any financial or commercial transactio­n, anonymousl­y or by a pseudonym or number, retain or provide any services to them. They must also develop internal policies, controls and procedures to manage, limit and review the risks identified, and apply them to all their branches and subsidiari­es in which they hold a majority stake,” the ministry said.

Newspapers in English

Newspapers from United Arab Emirates