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Agreements in place?
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Public statement under Paragraph 53 (c) of GIABA’s
Enhanced Follow-Up Process in respect of Sierra Leone

November 29, 2011  -  The Inter-Governmental Action Group
against Money Laundering in West Africa (GIABA) has
since  2007 been concerned about  the  identified  significant  
weaknesses  in  the  anti  money laundering/combating  the  
financing  of  terrorism  (AML/CFT)  regime  of  the  Republic  of  
Sierra Leone.   

At its 16th  Technical Commission/Plenary (TC/Plenary) meeting
held in Lome, Togo from 14-16 November, 2011, GIABA noted
that the passage of the draft AML/CFT Bill of Sierra Leone had
been  pending  since  April  2009.  Even  after  the  assistance  
by  GIABA,  the  World  Bank  and UNODC in the revision of the
draft Bill to ensure that the legislation is comprehensive, and that
it meets international AML/CFT standards, Sierra Leone is yet to
pass the bill into law, and as such, the weaknesses identified
persist in the Sierra Leone’s AML/CFT regime. The TC/Plenary
noted  further  that  a  considerable  number  of  actions  
required  to  be  taken  to  rectify  the deficiencies are dependent
on the enactment of the AML/CFT bill. In addition, Sierra Leone
has not  operationalised  its  approved  National  AML/CFT  
Strategy  designed  to  facilitate  the implementation of the
AML/CFT regime in a coordinated and concerted manner.  
GIABA calls upon Sierra Leone to pass this draft AML/CFT Bill into
law before April 30, 2012, and urgently to implement satisfactory
and comprehensive AML/CFT regime.  

GIABA also calls on the Authority of Heads of State and
Government of the Economic Community of West African States
(ECOWAS) to prevail on Sierra Leone to address the identified
deficiencies in its AML/CFT system as the continued non-
compliance poses serious threat to the integrity and soundness of
the regional and global financial system.

Click here to view Statement (pdf file)
____________________________________________________

Sanctions:

UN measures in place including arms embargo and travel ban on
certain persons. For further information please visit the following
link: -

http://www.un.org/sc/committees/1132/index.shtml

EU restrictive measures also in place: -

http://ec.europa.
eu/external_relations/cfsp/sanctions/docs/measures_en.pdf

US has sanctions in force on the trading of rough diamonds,
which would be relevant for Sierra Leone. For further information,
please visit the following link: -

http://www.ustreas.
gov/offices/enforcement/ofac/programs/diamonds/diamond.pdf

____________________________________________________

Offshore Jurisdiction Blacklists:  

Information unavailable.

____________________________________________________

US State Department Money Laundering Report - 2011:

Sierra Leone has a cash-based economy and is not a regional
financial center. Money laundering activities are pervasive in the
diamond sector. Despite tighter regulation, monitoring, and
enforcement, in some areas significant diamond smuggling and
the laundering of diamonds still exists. Drug smuggling is also a
problem in Sierra Leone. Real estate and car dealerships also are
vulnerable to money laundering activities. Loose oversight of
financial institutions, weak regulations, pervasive corruption,
porous borders, and a widespread informal money exchange and
remittance system contribute to an atmosphere conducive to
money laundering.

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: List approach

Legal persons covered: criminally: YES civilly: YES

CRIMINALIZATION OF TERRORIST FINANCING:

Ability to freeze terrorist assets without delay: NO

UN lists of designated terrorists or terrorist entities distributed to
financial institutions: NO

KNOW-YOUR-CUSTOMER RULES:

Covered entities: Banks; financial leasing firms; money and
currency changers; credit card, travelers check and other
financial instrument issuers; investment companies, insurance,
merchant and investment banks, and securities and commodities
dealers

Enhanced due diligence procedures for PEPs: Foreign: NO
Domestic: YES

SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS:

Covered entities: Banks; financial leasing firms; money and
currency changers; credit card, travelers check and other
financial instrument issuers; investment companies, insurance,
merchant and investment banks, and securities and commodities
dealers

Number of STRs received and time frame: Five from January –
November 2010

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

Sierra Leone is a member of the Inter Governmental Action Group
Against Money Laundering in West Africa (GIABA), a Financial
Action Task Force (FATF)-style regional body. Its most recent
mutual evaluation can be found here: http://www.giaba.org/index.
php?type=c&id=50&mod=2&men=2

ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:

Anti-money laundering activities are covered by the Anti-Money
Laundering Act of 2005 (AMLA), as well as guidelines issued by
the Bank of Sierra Leone’s Financial Intelligence Unit (FIU) that
significantly enhance the AMLA’s provisions and carry legal
weight. These guidelines have been incorporated into the draft of
a new Anti-Money Laundering/Combating Financing of Terrorism
(AML/CFT) bill that has been approved by the Cabinet and is
expected to be passed by Parliament and enacted into law in
early 2011.

Although the Government of Sierra Leone (GOSL) has enacted
anti-money laundering legislation, the GOSL needs to take action
to ensure its AML regime is effectively implemented. The FIU lacks
the capacity to effectively monitor, regulate, analyze and
disseminate financial intelligence. The AMLA charges the
Transnational Organised Crime Unit (TOCU) and the Attorney
General’s Office with investigating reports made by the FIU. TOCU
is authorized to undertake complete investigations and effect
arrests. The Attorney General’s Office has limited mandate to
investigate and arrest. The Sierra Leone Police, National
Revenue Authority, and Anti-Corruption Commission have very
limited abilities to investigate money laundering crimes; the Anti-
Corruption Commission is attempting to create a financial
forensics capacity in the near future. Limited resources hamper
law enforcement efforts in all arenas. Lack of training in financial
crimes is also a hindrance to successful investigations and
prosecutions. The GOSL should continue its efforts to counter the
smuggling of diamonds and narcotics, and regulate sectors which
are vulnerable to money laundering. Sierra Leone should
continue to take steps to combat corruption at all levels of
commerce and government. The GOSL should ratify the UN
Convention against Transnational Organized Crime.

____________________________________________________

US State Dept Narcotics Report 2012:

With its porous borders, poorly patrolled coastline, weak
infrastructure, and deep poverty, Sierra Leone presents a
potentially attractive transshipment point for illegal drugs. The
government’s efforts to combat the drug flow in 2011 continued to
be hampered by resource constraints and limited operational
sophistication. Sierra Leone’s limited enforcement capacity,
inadequate drug treatment and rehabilitation programs, and
corruption often impede its counternarcotics efforts.

Cocaine is the main drug transiting Sierra Leone. It moves
through the country’s unguarded and unprotected borders, both
land and sea, from South America to Europe via intermediary
points such as Guinea and Guinea-Bissau. Small amounts of
Southeast Asian heroin are also suspected of being shipped
through Sierra Leone on direct commercial flights from East
Africa. Sierra Leone’s endemic corruption certainly facilitates
trafficking, as government officials and police and intelligence
officers accept bribes, to turn a blind eye on trafficking, or even
engage in trafficking drugs themselves. As a matter of policy,
however, the government of Sierra Leone does not encourage or
facilitate the illicit production or distribution of narcotics or launder
proceeds from illegal drug transactions. There is no evidence that
any senior government official engages in, encourages, or
facilitates the illicit production or distribution of drugs. The only
drug produced in Sierra Leone is marijuana. It is widely cultivated
and consumed locally, and is also transported to surrounding
countries and to Europe. Increased cannabis cultivation has given
rise to food security concerns as farmers substitute it for
subsistence farming. Diversion of precursor chemicals is not a
problem in Sierra Leone.

The National Drug Control Act of 2008 brought Sierra Leone’s
laws into conformity with international conventions and norms. It
defined stricter penalties for all drug-related charges, contained
mutual legal assistance provisions, and authorized a budget
appropriation to support prevention and control activities. Efforts
to strengthen the law began in 2010, but as of 2011 a revised law
had not yet been passed. Sierra Leone is a party to all of the UN
Drug Conventions and the 1972 Protocol. The 1935 Extradition
Treaty between the United States and Great Britain remains in
force between the United States and Sierra Leone. Sierra Leone
is a party to the UN Convention against Corruption. Though Sierra
Leone signed the UN Convention against Transnational
Organized Crime in 2001, it has yet to ratify it. The 2009 Maritime
Counter Drug Bilateral Agreement promotes cooperation between
the U.S. and Sierra Leone for the purpose of suppressing illicit
transnational maritime activity, including narcotics trafficking.

The 2008 Drug Control Act also established a National Drug Law
Enforcement Agency (NDLEA) to serve as the focal point on
policy issues and investigations. However, with limited staff and
virtually no budget, it is a hollow organization with no real capacity
and no demonstrated successes. The vast majority of drug
interdiction activity is carried out by the Transnational Organized
Crime Unit (TOCU), an elite inter-agency unit supported by the
UN Office of Drugs and Crime (UNODC) and other international
donors. Donor agencies have helped TOCU increase its capacity
significantly since TOCU’s establishment. However, TOCU still
needs continued training as well as improved forensic capabilities,
including a dedicated forensic laboratory. Sierra Leone’s plans to
create a special court dedicated to organized crime and narcotics
issues with specially trained judges and prosecutors, supported
by UNODC, has not yet been implemented.

During the period October 2009 to June 2011, TOCU conducted
172 investigations, which led to 114 court cases; the remaining
cases were closed without any prosecutions. In the first half of
2011, TOCU conducted 45 investigations which led to 32 court
cases. The vast majority of these cases were for cultivating,
selling, and trafficking in marijuana. There were also several
charges for possession and sale of cocaine. TOCU also
investigated cases of suspected human trafficking and 419
financial scams.

U.S.-supported interdiction efforts were focused on the Joint
Maritime Committee a kind of coast guard which conducts patrols
with three small cutters, donated by the U.S. Coast Guard and a
larger Shanghai-class patrol boat donated by the Chinese
government. In 2011, U.S. Africa Command (AFRICOM) funded
significant infrastructure improvements at TOCU, including an
automated ship identification system, two radars, and improved
Internet access. In addition, in 2011, the African Maritime Law
Enforcement Partnership, a program of the Africa Partnership
Station administered byAFRICOM, conducted joint Sierra Leone/U.
S. Coast Guard training, surveillance, and law enforcement
operations. These operations included the Coast Guard Cutter
“FORWARD” embarking a law enforcement team from Sierra
Leone to locate and board vessels suspected of illegally
trafficking narcotics.

____________________________________________________

US State Dept Trafficking in Persons Report 2011
(introduction):

(Tier 2)

Sierra Leone is a source, transit, and destination country for
children and women subjected to forced labor and sex trafficking.
Victims originate largely from rural provinces and refugee
communities within the country, and are recruited to urban and
mining centers for the purposes of exploitation in prostitution,
domestic servitude, and forced service or labor in petty trading,
portering, rock-breaking, street crime, and begging. Trafficking
victims may also be found in the fishing and agricultural sectors or
are subjected to forced prostitution or forced labor through
customary practices such as forced and arranged marriages.
Sierra Leoneans voluntarily migrate to other West African
countries, including Mauritania and Guinea, the Middle East, and
Europe, where they are subsequently subjected to forced labor
and forced prostitution. Sierra Leone may also be a destination
country for children trafficked from Nigeria, and possibly from
Liberia and Guinea, for forced begging, forced labor, and
prostitution.

The Government of Sierra Leone does not fully comply with the
minimum standards for the elimination of trafficking; however, it is
making significant efforts to do so. During the year, the
government convicted six persons for trafficking-related crimes
and imposed adequate sentences in each case, though it did not
provide sufficient details to determine whether these cases
constituted trafficking. Awareness of existing anti-trafficking
legislation remained weak, and trafficking cases may have been
prosecuted under other legal statutes or settled out of court.
While the government acknowledged that trafficking is a problem
in the country, it did not allocate adequate financial or human
resources to provide protective services to victims or to educate
the population about the dangers of trafficking. The National
Trafficking in Persons Task Force submitted a budget request in
late 2010, but it had not been approved by the end of the
reporting period.

For full report click here

____________________________________________________

US State Dept Terrorism Report 2009

No report available

____________________________________________________

Links:

Worldwide AML Legislation (International Bar Association)
Tables & Rankings
Are there Sanctions in force against it? (UN/EU/US)
UN
?
Is it on FATF list of non-cooperative countries?
N
?
Is it on OECD list of uncooperative Tax Havens?
N
?
OECD - Implementation status of Tax Standard
 
?
Is it on EU 'white' list of equivalent jurisdictions?
N
?
Offshore Finance Center (Original IMF List)?
N
?
Is it on the US Secretary of Treasury list of jurisdictions of
Primary Money Laundering concern?
N
?
Is it on the US Secretary of State list of jurisdictions
identified to be supporters of International Terrorism?
N
?
Is it on US Department of State International Narcotics
Control Majors List?
N
?
US Dept of State Money Laundering assessment (INCSR)
C
?
Government Actions (For further info see INCRS below):
 
?
-  Criminalized Drug Money Laundering?
Y
 
-  Criminalized Beyond Drugs?
Y
 
-  Record Large Transactions?
Y
 
-  Maintain Records Over Time?
Y
 
-  Report Suspicious Transactions?(NMP)?
Y
 
-  Financial Intelligence Unit?
Y
 
-  System for Identifying/Forfeiting Assets?
Y
 
-  Arrangements for Asset Sharing?
N
 
-  Cooperates with International Law Enforcement?
Y
 
-  International Transportation of Currency?
Y
 
-  Ability to Freeze Terrorist Assets w/o Delay?
N
 
-  Disclosure Protection "Safe Harbor"?
Y
 
-  Criminalized Financing of Terrorism?
N
 
-  States Party to 1988 UN Convention?
Y
 
-  International Terrorism Financing Convention?
Y
 
 
Ranking
2011
Ranking
2010
 
Corruption (Transparency International)
134 (out of
183)
134 (out
of 178)
?
Ease of doing business (World Bank)
141 (out of
183)
143 (out
of 183)
?
FATF 40 + 9 recommendations
Mutual Evaluation Report: 2007
Further Tables
C
L
P
N
N/A
    C  -  Fully Compliant ,   
    L  -  Largely Compliant,    
    P  -  Partially Compliant    
    N  -  Non-Compliant
2
1
9
36
1
Legal Systems
 
1. Money Laundering Offence
P
 
14. Protection & no tipping-off
N
2. ML offence – mental element and
corporate liability
P
 
15. Internal controls,
compliance & audit
N
3. Confiscation and provisional
measures
P
 
16. DNFBP – R.13-15 & 21
N
4. Secrecy laws consistent with the
Recommendations
C
 
17. Sanctions
N
5. Customer due diligence
N
 
18. Shell banks
N
6. Politically exposed persons
N
 
19. Other forms of reporting
N
7. Correspondent banking
N
 
20. Other NFBP & secure
transaction techniques
P
8. New technologies & non
face-to-face business
N
 
21. Special attention for
higher risk countries
N
9. Third parties and introducers
N/A
 
22. Foreign branches &
subsidiaries
N
10. Record keeping
P
 
23. Regulation, supervision
and monitoring
L
11. Unusual transactions
N
 
24. DNFBP - regulation,
supervision and monitoring
N
12. Designated Non-Financial
Businesses and Professions – R.5,
6, 8-11
N
 
25. Guidelines & Feedback
P
13. Suspicious transaction reporting
N
     
Institutional and other
measures
 
26. The FIU
N
 
31. National co-operation
N
27. Law enforcement authorities
N
 
32. Statistics
N
28. Powers of competent authorities
N
 
33. Legal persons –
beneficial owners
P
29. Supervisors
C
 
34. Legal arrangements –
beneficial owners
N
30. Resources, integrity and training
N
 
 
 
International Co-operation
 
35. Conventions
P
 
38. MLA on confiscation and
freezing
N
36. Mutual legal assistance (MLA)
N
 
39. Extradition
N
37. Dual criminality
P
 
40. Other forms of
co-operation
N
Nine Special
Recommendations
 
SR.I Implement UN instruments
N
 
SR VI AML requirements for
money/value transfer services
N
SR.II Criminalise terrorist financing
N
 
SR VII Wire transfer rules
N
SR.III Freeze and confiscate
terrorist assets
N
 
SR.VIII Non profit
organisations
N
SR.IV Suspicious transaction
reporting
N
 
SR.IX Cross Border
Declaration & Disclosure
N
SR.V International co-operation
N
 
 
 
*Please note that FATF deems that a country has significant aml deficiencies if
any of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated
either Partially of Non-Compliant. These are marked in red.

For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -        

R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV

Please also note that any risk assessment should take into consideration all
follow-up reports.
SIERRA LEONE
KnowYourCountry
-  Know Your Customer Provisions
Y
 
-  Criminalized Tipping Off?
Y
 
-  Report Suspected Terrorist Financing?
N
 
-  State Party to United Nations TOC?
N
 
-  State Party to United Nations CAC?
Y
 
Local AML News / Sanctions
Tax Information
Business Information
AML News / Updates

The Intergovernmental Action Group against Money Laundering in
West Africa (GIABA) issued a public statement regarding the
deficiencies in the AML/CFT regime in Sierra Leone
Last Updated:   16 April 2012