ARAB REPUBLIC OF EGYPT MONEY LAUNDERING AND TERRORIST FINANCING COMBATING UNIT Implementation Mechanisms for TF related UNSCRs Cairo, August 2015
Introduction Risks emanating from terrorism and terrorism financing have recently augmented substantially; especially in the light of the political changes storming many countries in the world in the heart of which is the Arab region. This coincides with new terrorist phenomena that heavily adopt violence and bloodshed and geared by expansionary schemes in the Arab region and the whole world as well. Therefore, terrorist risks have become the major concern of countries, and relevant international and regional organizations. The United Nations has been among the most prominent international bodies to seriously consider these phenomena. The UN passed the UNSCRs no. 1267 for 1999 and 1373 for 2001 and their successor resolutions which included several obligations countries should implement regarding the freeze of the funds relating to terrorists and terrorist organizations. Financial Action Task Force (FATF) has designated, within its 40 Recommendations, specific recommendations for combating these phenomena; on top of which is Rec. 6 which obliges countries to implement Targeted Financial Sanctions issued by the UNSC on terrorists and terrorist organizations. FATF has also issued a methodology for assessing the compliance of countries with these recommendations through evaluating the relative AML/CFT regimes in assessed countries and, therefore, releasing a mutual evaluation report including findings of the assessment process and recommended corrective measures. If the assessed country has substantial deficiencies, progressive measures will be adopted against it in an escalating fashion to the extent that it may be listed in the FATF Public Statement which includes the call on jurisdictions to apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/FT) risks emanating from these countries. These measures have negative political and economic consequences on that country, adversely impact the country's credit and financial institutions' rating and, therefore, affect the overall financial and economic sector. EMLCU has prepared these mechanisms for implementing the UNSCRs by virtue of Article 21 of AML Law no 80 for 2002, which stipulates on "the unit shall take the necessary measures to carry out Egypt's commitments according to international conventions, treaties, and charters with respect to terrorist financing and the financing of the proliferation of weapons of mass destruction. This shall be 2 Egyptian Money Laundering and Terrorist Financing Combating Unit
done as per the manner prescribed in the Executive Regulations", and in the light of Law no 8 for 2015 concerning the regulation of lists of terrorists and terrorist entities, including entities and terrorists whose acts don't target the Arab Republic of Egypt, and taking counter measures. The said law most importantly bans their activities and freezes their assets in accordance with relative UNSCRs. Therefore, EMLCU, realizing the importance of freezing terrorist individuals and organizations' funds, has prepared this mechanism to implement the relevant UNSCs. These mechanisms include detailed procedures relating to the implementation of the CTF UNSCRs including the listing of terrorists and terrorist entities, freezing, de-freezing, or re-scoping of the freezing of funds locally, whether with regards to the UNSCR no. 1373 for 2001 or to UN sanction lists as per resolution no. 1267 for 1999 and other successor resolutions. The mechanisms, as well, deal with proposing names to be listed on the aforementioned sanction lists, and the way frozen funds would be managed. 3 Egyptian Money Laundering and Terrorist Financing Combating Unit
Implementation Mechanisms for the UNSCR no. 1267 for 1999 and its relative successor resolutions First: Listing procedures 1. The Ministry of Foreign Affairs (MoFA) receives the sanction lists from the Security Council (UNSC) regarding the implementation of the UNSCR no. 1267 and its relative successor resolutions 1, and their amendments. 2. In coordination with the Ministry of Justice (MoJ), the MoFA files a request, with such lists attached thereto, to the Prosecutor General to list designated terrorists and terrorist entities in the Terrorists and Terrorist Entities Lists which the Public Prosecution prepares by virtue of Law no 8 for 2015 on the regulation of terrorists and terrorist entities. 3. The Prosecutor General files a request of listing, with such lists and other substantiating documents attached thereto, to the competent criminal chamber within Cairo Court of Appeal which will in turn issue a decision within seven days of the date of the request. 4. Upon the issuance of the listing decision from the competent chamber, the Public Prosecution enlists terrorist entities and terrorists designated in the decision in either the terrorist list or terrorist entities list as per law no 8 for 2015. 5. In case of no final verdict is passed with a criminal ruling, as stated in Article 1 of law no. 8 of 2015, against the listed entity or terrorist, the Public Prosecution, after verifying that those individuals and entities have not been delisted from the UNSC sanction lists, will periodically resubmit a request of extending the listing period in either terrorist list or terrorist entities list to the competent criminal chamber at the Cairo Court of Appeal provided that such resubmission would be filed no later than three years of the date of listing. 6. Decision of listing, in either terrorist list or terrorist entities list, will be published in the Egyptian Gazette. 7. All judicial authorities and agencies dealing with combating terrorism send available information on the listing of terrorists and terrorist entities and the consequent freezing of assets to the Egyptian Money Laundering and Terrorist Financing Combating Unit (EMLCU) in order to update the data and statistics maintained by EMLCU in the light of its mandate to pursue the necessary measures to carry out Egypt's commitments according to international conventions, treaties, and charters with respect to terrorist financing. 1 Including UNSCRs no 1988 and 1989 for 2011 and any other relative resolutions. 4 Egyptian Money Laundering and Terrorist Financing Combating Unit
Second: Freezing procedures 1. With force of law, the listing decision and its time span results in freezing the funds of terrorists or terrorist entities and funds owned by their members. It shall be prohibited to directly or indirectly finance or raise funds or provide items for a terrorist or terrorist entity. 2. In accordance with publishing the listing decision, both lists of terrorist entities and terrorists, and any amendments thereon, are to be circulated to the following agencies: a. Authorities entitled with supervising financial institutions and Designated Non Financial Businesses and Professions (DNFBPs) with regards to AML/CFT. b. Egyptian Money Laundering and Terrorist Financing Combating Unit (EMLCU). c. Commercial Registry d. Companies Registrar e. General Authority for Investment & Free Zones f. Real Estate Publicity and Documentation Department g. Customs Authority h. General Department of Traffic, Ministry of Interior i. Any other agencies deemed necessary for circulation. 3. Authorities entitled with supervising financial institutions and DNFBPs, along with the EMLCU, circulate lists to the financial institutions and DNFBPs under their supervision. 4. Entities entitled with freezing notify their supervisory authority and EMLCU regarding frozen funds and relevant pursued procedures. 5. Entities entitled with freezing set and implement effective internal controls that ensure: a. Designation of entities and persons enlisted on both lists of terrorist entities and terrorists. b. Instantaneous freezing, without prior notice, of any maintained funds that belong to entities or persons whose names are listed on both lists of terrorist entities and terrorists. c. Freezing should include any funds and their proceeds directly or indirectly owned or controlled, wholly or in association with others, by the entity or person, and other funds belonging to those persons authorized with dealing on behalf of or under the direction of the entity or person. d. Referring to both lists of terrorist entities and individuals upon making any transaction or business relationship with the entity or the person to ensure they are listed on neither list. e. Risk management and customer acceptance policy applicable at the financial institutions includes risks associated with persons listed on any of both lists of 5 Egyptian Money Laundering and Terrorist Financing Combating Unit
terrorists and terrorist entities and determines suitable procedures to address them. f. Instantaneous update of information relating to both terrorists and terrorist entities lists and their amendments once they are circulated. g. Un-freezing, without delay, frozen funds upon the circulation of the delisting of the entity or person's name from the terrorists and terrorist entities lists. h. Granting access to funds that are decided to be Un-frozen upon relevant circulated. 6. Supervisory authorities of entities entitled with freezing develop adequate means to ensure the implementation of freezing, and would apply proper penalties in case of deficiency. Third: Procedures of Un-freezing or re-scoping of freezing 1. Any concerned party or the Public Prosecution may challenge listing decisions in front of the criminal chamber at the Court of Cassation, determined annually by the General Assembly of the said Court, within 60 days of the listing decision. 2. Concerned parties, including bona fide parties, should include, in the challenge submitted to the criminal chamber at the Court of Cassation, a request to grant them the permission of excluding from the frozen funds any sums of money that cover the following expenses: a) Basic expenses: including payments for foodstuffs, rental, mortgage finances, medicines and medical treatments, taxes, insurance premiums, public utility charges, payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges for routine holding or maintenance of frozen funds b) Extraordinary Expenses: any expenses other than basic ones. 3. Concerned parties, including bona fide parties, may have access to any funds that the competent criminal chamber issues a decision excluding from freezing as basic or extraordinary payment. 4. As soon as the Public Prosecution receives a notification regarding a challenge filed by a concerned party against the listing decision, it studies the underlying reasons of the challenge and brief the court with a memo concluded with an opinion of the acceptance or rejection of the challenge substantiated with all supporting documents, reasons, and law enforcement investigations. This shall be as follows: 6 Egyptian Money Laundering and Terrorist Financing Combating Unit
a. If the Public Prosecution reaches a conclusion that there are no grounds for the challenge, it will include these findings in the memo submitted to the court. b. If the Public Prosecution sees grounds for the challenge, it will send a request to the MoFA to de-list the entity or person or to exclude the frozen funds to cover any payments. This should be accompanied by proper reasons; LEAs investigations and supporting documents for filing to the relevant body at the UNSC. The MoFA will notify the Public Prosecution with the answer of that body and the accompanying documents, upon receipt. c. In its memo submitted to the court, the Public Prosecution includes the answer of the relevant body at the UNSC substantiated by the supporting documents 5. During the listing period, the Prosecutor General may ask the competent criminal chamber to de-list the entity or person from either the two lists as per the procedures mentioned in clauses (b) and (c) stated in the previous paragraph. 6. The decision of de-listing from either the terrorists or terrorist entities lists is to be published in the Egyptian Gazette, and circulated to the agencies - mentioned in Section (Second 2) - that are entitled with freezing. Fourth: Procedures of suggesting names listing in the Sanctions Lists 1. The Public Prosecution, in coordination with the Ministry of Justice, sends the listed names of entities or persons to the MoFA, when investigations reveal their relationship to terrorist organizations designated by UNSCR 1267 of 1999, the relative successor resolutions and their amendments 2, in order to suggest the listing of those names in the Sanctions Lists. 2. The MoFA notifies the UNSC of the names required to be listed in the Sanctions Lists and receives all responses in this concern. 3. Listing requests shall be accompanied by the widest possible range of data and information that support the listing of persons and entities. Fifth: Procedures of managing frozen funds 1. If the nature of the frozen funds requires assigning a fund s manager, the competent court decision should specify the manager of these funds after consulting the Public Prosecution. 2 Including UNSCRs no 1988 and 1989 for 2011 and any other relative resolutions 7 Egyptian Money Laundering and Terrorist Financing Combating Unit
2. Whosoever assigned to manage the funds shall be given the custody of the frozen funds and initiate the inventorying in the presence of the concerned parties and a representative of the Public Prosecution or an expert assigned by the court. 3. Whosoever assigned to manage the funds shall commit to the maintenance and sound management of the funds. 4. Whosoever assigned to manage the funds shall repay the funds and its received proceeds as per the provisions of the Civil Code regarding the Management, Trust, and Sequestration. 5. The Minister of Justice issues a decision on management, trust, and sequestration. ******************************************************************** 8 Egyptian Money Laundering and Terrorist Financing Combating Unit
The mechanism of implementing UNSCR no. 1373 (2001) First: Procedures of listing terrorists in local lists 1) Terrorists and Terrorist Entities of which operations are targeted to the Arab Republic of Egypt a) The Public Prosecutor submits the request of listing in the terrorists and terrorist entities lists to the competent criminal chamber at Cairo Court of Appeal with supporting documents and investigations attached thereto. The competent chamber issues its decision within seven days of the submission. b) The Public Prosecution lists entities and persons on both lists as per the following: The issuance of a final criminal ruling to designating a person or an entity as a terrorist person or a terrorist entity. The issuance of a justified ruling of listing from the relevant court. c) The Public Prosecution will periodically in case there is no final criminal ruling issued to designate a person or an entity as a terrorist person or entity pursuant to Article (1) of law no 8 for 2015 resubmit the case to the relevant court. However, the re-submission of the request shall not exceed 3 years of the listing date. d) The decision to list terrorists and terrorist entities on any of the lists and the extension thereof is to be published on the Egyptian Gazette. e) All judicial authorities and bodies concerned with combating terrorism send all information in their possession regarding listing terrorists and terrorist entities and all the ensuing results of asset freezing to the EMLCU in order to update the data and statistics maintained by EMLCU in the light of its mandate to pursue the necessary measures to carry out Egypt's commitments according to international conventions, treaties, and charters with respect to terrorist financing. 2) As for the entities and persons of which operations are not against the Arab Republic of Egypt, the listing procedure is conducted by a request submitted by the MoFA to the Prosecutor General in coordination with the MoJ or Egypt's Law Enforcement Agencies. Procedures of listing, stated above in Section (First 1), are to be applied. 9 Egyptian Money Laundering and Terrorist Financing Combating Unit
Second: Freezing Procedures 1) Procedures mentioned in Section (Second 1-6) of the Mechanism of implementing UNSCR no. 1267 and other relevant successor resolutions. 2) The Public Prosecution, in coordination with the MoJ, notifies the MoFA of the listing decisions as soon as they are published while providing the widest possible range of information that supports the listing decision in order to circulate the decisions to the relevant bodies abroad to request the enforcement of the aforementioned effects of listing. Third: Procedures of de-listing or re-scoping 1) Procedures (1-3) of Section (Third) of the Mechanism of implementing UNSCR no. 1267 for 1999 and the relevant ensuing resolutions are to be implemented. 2) The Public Prosecution, as soon as it receives a notification of a challenge filed by any concerned party on the listing decision, studies the reasons of the challenge and provides the court with a memo that concludes the acceptance or rejection of the challenge with all supporting documents, reasons and law enforcement investigations attached thereto. 3) If the Public Prosecution doesn't re-submit a request to the competent chamber to consider the extension in due time, the designated names will be deemed de-listed as of the date the listing period ends. 4) During the listing period, the Prosecutor General may ask the competent chamber, which is in charge of listing, to de-list the terrorist or terrorist entity from any of the two lists in the light of the justification he provides. 5) The delisting decision will be published and circulated pursuant to the procedure mentioned in Section (Third - 6) of the Mechanism of implementing UNSCR no. 1267 for 1999 and the relevant successive resolutions. 6) The Public Prosecution, in coordination with the MoJ, notifies the MoFA of the delisting decision as soon as it is published while providing the widest possible range of information that supports the delisting decision in order to circulate the decision to the relevant bodies abroad to enforce the aforementioned effects of delisting. 10 Egyptian Money Laundering and Terrorist Financing Combating Unit
Fourth: Procedures of frozen funds management Procedures stated in Section (Fifth) of the Mechanism of implementing UNSCR no. 1267 for 1999 and the relevant ensuing resolutions are to be implemented. 11 Egyptian Money Laundering and Terrorist Financing Combating Unit