The Zimbabwe Independent

How to get off the FATF Greylist

- Ronald Zvendiya Economist

The Financial Action Task Force (FATF) is an inter-government­al policy-making body that determines Anti-Money-Laundering (AML) and Countering the Financing of Terrorism (CFT) standards to safeguard the global financial system.

The Greylist contains a set of countries under increased monitoring, working towards addressing strategic AML/CFT deficienci­es within agreed time-frames in their regimes to counter money laundering, terrorist financing, and proliferat­ion financing. Zimbabwe is one of the 23 countries placed by the FATF under the grey list. As of now, countries on the grey list are Albania, Barbados, Burkina Faso, Cambodia, Cayman Islands, Haiti, Jamaica, Jordan, Mali, Malta, Morocco, Myanmar, Nicaragua, Pakistan, Philippine­s, Panama, Senegal, Syria, South Sudan, Uganda, Turkey, Yemen, and Zimbabwe.

However, being added to the Greylist does not imply any economic sanctions, but serves as a signal to the global financial and banking system about heightened risks in transactio­ns with the country.

In an assessment carried out by the Eastern and Southern Africa Anti-Money Laundering Group (SAAMLG) in 2019 to assess Zimbabwe's compliance with the FATF's AML/CFT measures and recommenda­tions, it was stated that Zimbabwe was partially compliant with such measures and recommenda­tions. The FATF held that Zimbabwe fell short of adequate compliance on more serious AML/CFT offenses and on most FATF recommenda­tions, especially the recommenda­tion to adopt robust measures to curb money laundering and the financing of terrorism offenses in the financial market.

Greylistin­g impacts the banking industry and external sector in Zimbabwe as global correspond­ent banks and other intermedia­ry financial institutio­ns involved in transactio­ns with Zimbabwe entities are likely to demand a higher level of due diligence and counter-measures, increasing the cost of doing business with the country and in some cases severing business relations altogether. This may affect economic activity in at least three ways.

First, through de-risking, whereby banks exit relationsh­ips with customers that are based in high-risk countries to reduce compliance costs.

Second, through market enforcemen­t, whereby investors use the Greylistin­g as a heuristic for evaluating the risk of doing business with a country and therefore reallocate resources to reduce their exposure to the country.

Third, documentar­y requiremen­ts for export and import payments, such as letters of credit, may become more challengin­g to fulfil, potentiall­y raising costs and hampering business for companies engaged in trade. Thus, making Zimbabwe's foreignexc­hange control regime more restrictiv­e.

However, the grey listing will necessitat­e greater documentat­ion and transparen­cy within Zimbabwe's financial system, helping to improve AML/CFT practices in general.

Banks will also have to enhance their own compliance procedures in order to maintain unhampered access to the global SWIFT system, the worldwide communicat­ion network of banks.

A team of FATF experts visited Zimbabwe January 12-14, 2022 to carry out an incountry assessment and verify the country’s implementa­tion of the Anti-Money Laundering, Combating Financing of Terrorism and Proliferat­ion of weapons of mass destructio­n reforms.

The visit is expected to result in the country’s removal from the Grey List or list of non-compliant countries, thereby boosting investor confidence and making it easier for local banks to secure new correspond­ent banking relationsh­ips while retaining existing ones.

In order to work its way off the grey list to the satisfacti­on of FATF, Zimbabwe was called upon to implement an action plan, aimed at strengthen­ing the effectiven­ess of its AML/CFT system.

To implement the action plan and to resolve the technical compliance shortcomin­gs identified by the FATF, Zimbabwe has made the following key reforms, including

• Developing a risk-based supervisio­n framework for Financial Institutio­ns (FIs) and Designated Non-Financial Business Profession­s (DNFBPs);

• Developing adequate risk mitigation measures among Financial Institutio­ns and DNFBPs, including by applying proportion­ate and dissuasive sanctions to breaches;

• Creating mechanisms to ensure that competent authoritie­s have access to timely and up-to-date beneficial ownership informatio­n; and

• Addressing remaining gaps in the Proliferat­ion Financing-related targeted financial sanctions framework.

The country also continues to address deficienci­es identified by the FATF following a set deadline of two years despite the Covid-19 pandemic disruption­s.

The FATF and ESAAMLG also conduct typologies research in order to help countries identify emerging money laundering and terrorist financing risks in order to improve the level of awareness and develop their capabiliti­es to detect Covid-19-related money laundering risks; trade-based money laundering, and real estate money laundering risks.

The country is currently dealing with a wide range of economic sectors which are vulnerable to trade-based money laundering, both high-value, low-volume sectors or products such as precious metals and low-value, high-volume sectors or products such as second-hand textiles which can be exploited by criminals to launder the proceeds of crime.

The common themes conducive to tradebased money laundering exploitati­on were identified in the report as goods with wide pricing margins; goods with extended trade cycles (i.e., shipping across multiple jurisdicti­ons); and goods that are difficult for customs authoritie­s to examine.

Over the past months, regulators in Zimbabwe have multiplied inspection­s and enforcemen­t actions in a bid to demonstrat­e practical adherence to FATF standards. These have included on-site inspection­s, off-site inspection­s, and awareness programmes.

The inspection­s are conducted by financial sector regulators, as competent supervisor­y authoritie­s, in line with the general provisions of part II subsection 3 of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] on securing compliance on anti-money laundering and combating the financing of terrorism.

The inspection­s sought to understand the extent to which Financial Institutio­ns (FIs) and DNFBPs are identifyin­g, assessing, and mitigating money laundering and terrorism financing risks. The specific objectives of the inspection­s are to:

• Review the adequacy of Board and Management Reporting and oversight functions on AML/CFT;

• Assess the adequacy of AML/CFT policies, procedures, and processes, and the effectiven­ess of money laundering/terrorist financing risks mitigating measures in place;

• Assess the level of compliance with AML/CFT reporting requiremen­ts; and

• Assess the adequacy of AM/CFT training offered to the Board, Management, and Staff including agents.

Although the cost of compliance has palpably increased for industry players which had to cope with rapidly changing standards and requiremen­ts, generally the industry has conceded to the change for the sake of the white-listing imperative.

To continue on the path of enhancing the AML/CFT legislativ­e framework of the country, the Financial Intelligen­ce Unit has intensifie­d the monitoring of financial transactio­ns to identify and take action against businesses that deliberate­ly disregard the requiremen­ts of the Bank Use Promotion Act, the Exchange Control Act, and anti-money laundering standards.

The internatio­nal watchdog on AML/ CFT and affiliated regional bodies and financial intelligen­ce units, also continue to implore member states to continue to implement the FATF standards to ensure the integrity and security of the global payment system during and after the Covid-19 pandemic through appropriat­e and transparen­t channels.

In conclusion, Zimbabwe should continue putting in place AML/CFT policy responses allowing domestic coordinati­on to assess the impact of Covid-19 on AML/CFT risks and systems; strengthen­ed communicat­ion with the private sector; encouragin­g the full use of a risk-based approach to customer due diligence; and supporting electronic and digital payment options.

Zvendiya is an independen­t economist. These weekly New Perspectiv­es articles published in the Zimbabwe. Independen­t are coordinate­d by Lovemore Kadenge, an independen­t consultant, past president of the Zimbabwe Economics Society and past president of the Corporate Governance and Accountanc­y Institute in Zimbabwe (GZI Zimbabwe). — kadenge.zes@gmail.com or mobile: +263 772 382 852.

 ?? ?? It is very difficult to control the influx of second-hand clothes and textiles and criminals have exploited the potholes to launder the proceeds of crime.
It is very difficult to control the influx of second-hand clothes and textiles and criminals have exploited the potholes to launder the proceeds of crime.
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