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MONEY LAUNDERING
Money laundering is the process whereby the proceeds of crime are transformed into ostensibly legitimate money or other assets. However in a number of legal and regulatory system the term money laundering has become conflated with other forms of financial crime, and sometimes used more generally to include misuse of the financial system, including terrorism financing, tax evasion and evading of international sanctions. Most anti-money laundering laws openly conflate money laundering (which is concerned with source of funds) with terrorism financing (which is concerned with destination of funds) when regulating the financial system.
Suspicious Activities
the following type of activities or transaction shall be possible money laundering activities:
- Large, frequent or unusual exchanges of cash, foreign currency or negotiable instruments which is not consistent with or reasonably related to the customer's normal business activities.
- Reluctance to provide reasonable information and documentation when requested during processing of transactions
Confidentiality of information
References
1. ^ See for example the Anti-Money Laundering & Counter Terrorism Financing Act 2006 (Australia), the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (New Zealand), and the Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (Cap 615) (Hong Kong. See also (for example) guidance on IMF [1] and FATF [2] websites similarly conflating the concepts.
FOREIGN EXCHANGE BUREAUS
FOREIGN EXCHANGE HISTORY IN KENYA
Forex Bureaus were established and first licensed in January 1995 to foster competition in the foreign exchange market and to narrow the exchange rate spread in the market. as authorized dealers, Forex bureaus conduct business and are regulated under the provisions of the Central Bank Act (Cap 491).
between 1998 and 2004, the Forex Bureau market experienced rapid growth, with the number of operating bureaus increasing to 48 by June 1998, and further to 89 in December 2004. Due to the rising demand by potential investors and to provide an orderly and competitive framework it became necessary to streamline the sector by reviewing the Forex Bureau Guidelines.
at the same time, the attention of the central Bank was drawn to the fact that several Forex Bureaus had been violating various sections of the Forex Bureau Guidelines, including dealing in third party cheques and telegraphic transfers without the approval of the Central Bank.
in some instances, it was observed that these services may have been abused as avenues for fraud, tax evasion and money laundering.in response to this concern, the Banking Supervision issued Central Bank circular No. 1 of 2005 instructing all Forex Bureaus to cease dealing in telegraphic transfers and third part cheques with immediate effect. Following this action, the Central Bank held discussions with officials from teh Kenya Forex Bureau Association and agreed to develop a framework for strengthening the guidelines in general, and the regulations relating to telegraphic transfers and third part cheques in particular.
the Revised Forex Bureau Guidelines therefore seek to deal with the challenges outlined above, and provide an opportunity for the sector to realign itself in order to enhance competition in the foreign exchange market, and particularly, provide a service to a market segment largely excluded from the mainstream banking sector due to the size and frequency of transactions.
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