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Legislations and regulations: banks in Mauritania must be vigilant

22/09/2022
Categories: Sectors

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Credit institutions, especially banks, have several obligations. These include the obligation to provide general information, to advise and to be vigilant.

As a seasoned professional, banks must exercise caution and discretion in all transactions carried out at the request of or under the direction of their customers . They must therefore detect, without interfering in their clients' affairs, all apparent anomalies. Otherwise, they will be held responsible.

In reality, banks are required to find out about natural persons wishing to open a bank account by requesting information relating, in particular, to their identity ;, home. It is also an obligation under article 1023 of the Commercial Code.

In addition, “credit institutions must exercise their duty of care with respect to customers, take appropriate due diligence measures with regard to their customers and update and maintain information and documents relating to customers and transactions as part of the exercise of their due diligence. They must report suspicious transactions”, mentions article 24 of Act No. 2018-36 bis/PR/ regulating credit institutions.

Its obligations are also expanding and particularly reaching at-risk politicians. These are persons responsible for (or appointed to) higher public functions within the State or a foreign State, higher administrative functions, or a position in an international organization. As well as heads of State or Government, senior politicians, governmental, judicial and military officials, senior officials of State-owned companies and senior officials of political parties, presidents and directors of international organizations, their alternates, members of the board of directors or any other similar function.

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