Money laundering and terrorist financing are flourishing in Mali. The National Financial Information Processing Unit (Centif), which fights to prevent and repress them, remains unknown to the general public in Mali. And to make itself better known to journalists, the structure (chaired by former minister Marimpa Samoura), in partnership with Diakaridia Camara, organized on Friday June 26, 2020 an information day on Law No. 008 of March 17, 2016 relating to the fight against money laundering and the financing of terrorism, with emphasis on the creation and attributions of the Centif.

Surrounded by his entire staff, Marimpa Samoura (the president of the Centif), in his introductory remarks, made it known that money laundering and the financing of terrorism are offenses (punished by law) unknown to Malians, especially journalists. Hence the organization of the day to explain the concept, very new in his words, to journalists so that they are relays for the rest of the Malian population. He informed the journalists of the consequences of money laundering on the economy and on the lives of populations. Speaking of the genesis of the word money laundering, he explained that it emanates from the highwayman Al Capone who, having made his fortune in the sale of drugs, tried to hide this fortune to give it a legal character. This is how Al Capone opened laundries all over America with his dirty money. And he explained the sources of his fortune by the revenues of these laundries. He recycled his dirty money into clean money. Hence the origin of the word laundering which is the recycling of dirty money into clean money.

This word laundering entered the legal vocabulary around the 1930s. “It was in 1989 that the finance ministers of the most industrialized countries realized the impact of the laundering of dirty money on economic life. They therefore came together to put in place measures capable of mitigating the effect of dirty money so that it weighs less on the lives of individuals and nations. Because they had realized that dirty money deregulates the market, the economy and can even destabilize institutions. This is how they created the Financial Action Task Force (FATF) against money laundering.

The recommendations of this committee of experts have been accepted by the UN and are binding on all countries in the world. All countries in the world have been urged to take regulatory action to combat money laundering. This is why UEMOA took inspiration from these measures to create the National Financial Information Processing Unit (Centif) in each of its member countries. This makes money laundering and the financing of terrorism offenses punishable by law” , explained Marimpa Samboura.

Acts assimilated to money laundering and financing of terrorism

According to Colonel Mahamadou Sangaré, 4 actions are considered money laundering. This includes, among other things, the conversion or transfer of property, by any person who knows or should have known that this property comes from a crime or misdemeanor or from participation in a crime or misdemeanor, with the aim to conceal or disguise the illicit origin of the said assets or to help any person involved in this activity to escape the legal consequences of their actions; the concealment or disguise of the nature, origin, location of the actual disposition, movement or ownership of property or rights thereto, by any person who knows or should have known that such property originated a crime or misdemeanor or participation in a crime or misdemeanor; the acquisition, possession or use of property which the person who engages therein knows or should have known, at the time he receives it, that this property comes from a crime or misdemeanor or from participation in a crime or misdemeanor; participation in one of the acts mentioned, the fact of associating to commit them, of attempting to commit them, of aiding or inciting someone to commit them or of advising them, for this purpose or of facilitating the execution of such acts.

“There is money laundering, even if these acts are committed by the perpetrator of the offense who procured the assets to be laundered. There is also money laundering, even if the activities which are at the origin of the assets to be laundered are carried out on the territory of another Member State or that of a third State.

Knowledge or intent, as elements of the aforementioned activities, can be inferred from objective factual circumstances,” he said.

The financing of terrorism, in its words, is any act committed by a natural or legal person who, by any means whatsoever, directly or indirectly, has deliberately provided or collected property, funds and other financial resources with the intention of using them or knowing that they will be used, in whole or in part, with a view to the commission, among other things, of one or more terrorist acts; one or more terrorist acts by a terrorist organization; of one or more terrorist acts, by a terrorist or a group of terrorists.

“The commission of one or more of these acts constitutes an offence. Attempting to commit a terrorist financing offense or aiding, inducing or assisting someone to commit it, or facilitating its execution, is also a financing offense of terrorism.

The offense is committed whether or not the acts occur or whether or not the property was used to commit the acts. The offense is also committed by any natural or legal person who participates as an accomplice, organizes or incites others to commit the aforementioned acts. Knowledge or intent, as elements of the aforementioned activities, can be inferred from objective factual circumstances,” he said.

He also specified that no consideration of a political, philosophical, ideological, racial, ethnic, religious nature or any other reason can be taken into account to justify the commission of one of the aforementioned offences.

Prevention of money laundering and terrorist financing

Colonel Mahamadou Sangaré made it clear that it is the competent authority that takes appropriate measures to identify, assess, understand and mitigate the risks of money laundering and terrorist financing to which Mali is exposed and keeps this assessment up to date. . For prevention, there is an obligation to declare or communicate the physical cross-border transport of cash and bearer negotiable instruments.

“Any person coming from a third State, who enters the territory of Mali or who leaves it, bound for a third State, is required to complete, at the time of entry or exit, a declaration of cash and bearer negotiable instruments of an amount or value equal to or greater than a threshold set by an instruction from the BCEAO, which it will submit to the competent authority of the country at the point of entry or exit from the territory. The competent authority identifies the carrier of cash and bearer instruments at least equal to the amount concerned and requires from him, if necessary, additional information on the origin and destination of these cash or bearer instruments.

The reporting obligation is not deemed to have been fulfilled if the information provided is incorrect or incomplete. Persons who have made false declarations or communications are liable to the penalties provided for by law. The competent authorities may, where appropriate, block or withhold, for a period not exceeding 72 hours, cash or bearer instruments likely to be linked to money laundering or terrorist financing. A receipt is issued to the person concerned. The competent authority fully seizes the amount of undeclared cash, in case of non-declaration or false declaration,” he said.

Payment in cash or negotiable instrument to the bearer of certain claims is prohibited. There is an obligation to report cash transactions. Violation of the provisions exposes the authors to the penalties provided for by law.

According to Colonel Mahamadou Sangaré, for the prevention of money laundering and terrorist financing, financial institutions must develop and implement prevention programs.

According to Marimpa Samoura, the consequences of money laundering and terrorist financing are dramatic. “It is with dirty money recycled into clean money that terrorism and other evil activities are financed”