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US State Dept Narcotics Report 2011 (introduction):
No report available
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US State Dept Trafficking in Persons Report 2011 (introduction):
(Tier 2 Watch List)
The Republic of the Congo (ROC) is a source, transit, and destination
country primarily for children, and possibly men and women, subjected to
forced labor and, to a lesser extent, sex trafficking. Most child trafficking
victims are from Benin, though Togo, Mali, Guinea, Cameroon, Senegal,
and the Democratic Republic of the Congo are also sources of victims
subjected to forced domestic labor, market vending, and fishing, as well
as commercial sexual exploitation. UNICEF reports the majority of child
trafficking victims are exploited as vendors in traditional local markets,
while approximately 23 percent of victims are forced into prostitution; the
average age of child sex trafficking victims is 9. Child victims experience
harsh treatment, long work hours, and have almost no access to
education or health services; they receive little or no remuneration for
their work. The majority of internally trafficked children migrate from the
Pool Region to Pointe Noire and Brazzaville to serve as domestic
laborers for relatives.
The Government of the Republic of the Congo does not fully comply with
the minimum standards for the elimination of trafficking. The government
did not demonstrate evidence of significant efforts to investigate and
prosecute trafficking offenses or to convict and punish trafficking
offenders; therefore, the Republic of the Congo is placed on Tier 2
Watch List for a fourth consecutive year. The Republic of the Congo was
not placed on Tier 3 per Section 107 of the 2008 Trafficking Victims
Protection Reauthorization Act, however, as the government has a
written plan that, if implemented, would constitute making significant
efforts to bring itself into compliance with the minimum standards for the
elimination of trafficking, and the government is devoting sufficient
resources to implement that plan. The government enacted the Child
Protection Code in June 2010, informally referred victims to foster care,
and continued implementation of its 2009-2010 National Action Plan. A
lack of trained law enforcement personnel and adequate, consistent
funding for prevention efforts seriously limited the government’s ability to
address trafficking and assist victims.
For full report click here
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US State Dept Terrorism Report 2009
No report available
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Links:
Worldwide AML Legislation (International Bar Association)
Bilateral exchange of information Agreements in place?
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Sanctions:
None applicable
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Offshore Jurisdiction Blacklists:
Information unavailable.
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US State Department Money Laundering Report - 2011:
The Republic of the Congo (ROC) is not a regional financial
center. The Bank of Central African States (BEAC) -- the regional
Central Bank of the Economic and Monetary Community of Central
African States (CEMAC) to which the ROC belongs -- supervises
the Congo’s banks. The state of the country’s financial institutions
remains weak following the Congo’s period of civil unrest in the
1990s and early 2000s, resulting in limited bank loans and
infrequent issuances of new bank licenses.
The ROC strengthened its laws against money laundering in
2007. As a member of the CEMAC, the country adopted the
regional community’s April 2007 regional anti-money
laundering/counter-terrorist financing (AML/CFT) regulations.
These rules establish penalties of both fines and imprisonment for
money laundering and terrorist financing, and also regulate the
operations of banks, money changers, and casinos.
DO FINANCIAL INSTITUTIONS ENGAGE IN CURRENCY
TRANSACTIONS RELATED TO INTERNATIONAL NARCOTICS
TRAFFICKING THAT INCLUDE SIGNIFICANT AMOUNTS OF US
CURRENCY; CURRENCY DERIVED FROM ILLEGAL SALES IN
THE U.S.; OR THAT OTHERWISE SIGNIFICANTLY AFFECT THE
U.S.: NO
CRIMINALIZATION OF MONEY LAUNDERING:
“All serious crimes” approach or “list” approach to predicate
crimes: Not available
Legal persons covered: criminally: YES civilly: YES
CRIMINALIZATION OF TERRORIST FINANCING:
Ability to freeze terrorist assets without delay: YES
UN lists of designated terrorists or terrorist entities distributed to
financial institutions: YES
KNOW-YOUR-CUSTOMER RULES:
Covered entities: Banks, money exchangers, accountants,
notaries, thrifts and money remitters
Enhanced due diligence procedures for PEPs: Foreign: NO
Domestic: NO
SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS:
Covered entities: Banks, money exchangers, accountants,
notaries, thrifts and money remitters
Number of STRs received and time frame: Not available
Number of CTRs received and time frame: Not available
MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS:
Prosecutions: Not available
Convictions: Not available
Assets forfeited: criminally: Not available civilly: Not available
RECORDS EXCHANGE MECHANISM:
With U.S.: YES
With other governments/jurisdictions: YES
The Republic of the Congo is not a member of a Financial Action
Task Force (FATF)-style regional body.
ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:
A 2008 Presidential decree called for the creation of a National
Financial Investigation Agency (ANIF). Due to delays the agency
was not created until mid-2010. ANIF’s operations are not yet fully
functional. Similar offices to ANIF were created in Cameroon and
Gabon. The Central African Republic, Chad and Equatorial
Guinea are also expected to create equivalent agencies. In
partnership with the Congo and within the regional framework of
GABAC, each of the national agencies is expected to coordinate
anti-money laundering and counter-terrorist financing activities.
Pursuant to the decree that established the agency, ANIF is
financially independent and its budget is derived from three
sources: the ROC national budget, CEMAC institutions, and
development partners. Although the agency is financially
autonomous, ANIF is under the supervision of the Minister of
Finance. Consequently, the objectiveness and independence of
the new agency could be hampered. Efforts should be made to
strengthen the expertise of law enforcement, customs,
prosecutorial and judicial authorities in financial crimes. The
Republic of the Congo should continue to work with the CEMAC
and regional partners to strengthen its AML/CFT efforts.
Within CEMAC, there is the Banking Commission of Central Africa
(COBAC) and the Action Group against Money Laundering in
Central Africa (GABAC). Although there is no recognized FATF-
style regional body in the region, GABAC is working with banks
and member states to ensure implementation of international
FATF recommendations through two formalized relationships.
GABAC works directly with the National Financial Investigative
Agency (ANIF) in each member state. GABAC also engages with
all banking institutions to urge them to become members of
COBAC and then ensures that the banks are implementing and
enforcing due diligence procedures, as outlined in the
international standards.
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Are there Sanctions in force against it? (UN/EU/US)
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Is it on FATF list of non-cooperative countries?
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Is it on OECD list of uncooperative Tax Havens?
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OECD - Implementation status of Tax Standard
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Is it on EU 'white' list of equivalent jurisdictions?
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Offshore Finance Center (Original IMF List)?
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Is it on the US Secretary of Treasury list of jurisdictions of Primary Money Laundering concern?
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Is it on the US Secretary of State list of jurisdictions identified to be supporters of International Terrorism?
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Is it on US Department of State International Narcotics Control Majors List?
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US Dept of State Money Laundering assessment (INCSR)
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Government Actions (For further info see INCRS below):
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- Criminalized Drug Money Laundering?
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- Criminalized Beyond Drugs?
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- Record Large Transactions?
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- Maintain Records Over Time?
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- Report Suspicious Transactions?(NMP)?
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- Financial Intelligence Unit?
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- System for Identifying/Forfeiting Assets?
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- Arrangements for Asset Sharing?
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- Cooperates with International Law Enforcement?
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- International Transportation of Currency?
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- Ability to Freeze Terrorist Assets w/o Delay?
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- Disclosure Protection "Safe Harbor"?
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- Criminalized Financing of Terrorism?
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- States Party to 1988 UN Convention?
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- International Terrorism Financing Convention?
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Compliance with FATF 40 + 9 recommendations
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% Fully or Largely Compliant
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Corruption (Transparency International)
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Ease of doing business (World Bank)
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- Know Your Customer Provisions
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- Criminalized Tipping Off?
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- Report Suspected Terrorist Financing?
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- State Party to United Nations TOC?
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- State Party to United Nations CAC?
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Local AML News / Sanctions
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Last Updated: 16 April 2012
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