Business Day

SA faces warning for failing to sign Fica changes

• Even a mild rebuke could have consequenc­es

- Linda Ensor Political Writer ensorl@businessli­ve.co.za

SA will need to explain itself to global standards-setting body Financial Action Task Force’s plenary meeting next month and could be slapped with a warning for failing to sign amendments to the Financial Intelligen­ce Centre Act into law, said Treasury deputy director-general Ismail Momoniat on Monday.

SA will need to explain itself to the Financial Action Task Force plenary meeting in February and could be slapped with a warning for failing to sign into law amendments to the Financial Intelligen­ce Centre Act, said Treasury deputy directorge­neral Ismail Momoniat in an interview on Monday.

Even a mild rebuke from the task force could have significan­t consequenc­es for SA, say banking industry sources, as it would raise concern among foreign regulators and banks about SA’s commitment to vigilant financial regulation. This in turn would have a ripple effect throughout the economy since correspond­ent relationsh­ips between banks are vital to effect payment for exports and imports.

The internatio­nal task force, which monitors compliance with antiterror­ism and moneylaund­ering regulation­s, at its June meeting gave SA an extension from September to February to finalise the bill, failing which the organisati­on could issue a public statement against SA, Momoniat said.

However, it is unlikely that the bill will be on the statute books before the task force’s mid-February deadline. It was sent back to Parliament by President Jacob Zuma in November, about six months after its adoption, because of his concern about the constituti­onality of its provision for warrantles­s searches. The standing committee on finance plans to hold public hearings on the issue when Parliament reopens on January 24 but the bill will still have to be adopted by the National Assembly and signed into law by the president.

The deadline of the February meeting looms large in the face of a warning in December by Reserve Bank deputy governor and banks registrar Kuben Naidoo that Zuma’s actions have placed SA’s banks in jeopardy.

Naidoo warned about the consequenc­es of SA not complying with Financial Action Task Force rules in an affidavit submitted to the High Court in Pretoria about Finance Minister Pravin Gordhan’s applicatio­n for a declarator­y order confirming that he has no power to intervene in the relationsh­ip between banks and clients.

“SA’s failure to bring the Financial Intelligen­ce Centre Amendment Bill into operation will likely result in a negative statement from [the task force] … which will require other member countries to re-evaluate the risks of dealing with South African financial institutio­ns.

“This may result in foreign banks cutting off their correspond­ent banking relationsh­ips with South African banks,” Naidoo said.

He implied that Zuma’s reasons for sending the bill back to Parliament were questionab­le as the amendments placed stricter limitation­s on warrantles­s searches — the reason why Zuma referred the bill back to Parliament — than did the original act passed in 2001.

“Ironically, the current version of Fica provides that all inspection­s under section 45B of the act will take place without a warrant. The bill, by contrast, introduces the requiremen­t that searches must be undertaken with a warrant and only in exceptiona­l circumstan­ces will warrantles­s searches be permitted,” reads the affidavit.

HOWEVER, IT IS UNLIKELY THAT THE BILL WILL BE ON THE STATUTE BOOKS BEFORE THE FEBRUARY DEADLINE

 ??  ?? Ismail Momoniat
Ismail Momoniat
 ?? /Business Day ?? Alarm: Ismail Momoniat has warned against the failure to sign into law Financial Intelligen­ce Centre Act amendments.
/Business Day Alarm: Ismail Momoniat has warned against the failure to sign into law Financial Intelligen­ce Centre Act amendments.

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