Last updated: 15/07/2013
CENTRAL AUTHORITY FOR REPORTING
The Cellule Nationale de Traitement des Informations Financières de Côte d’Ivoire (CENTIF-CI) was created by Decree No 2006-261 of 9 August 2006 on creating, organising and functioning of the CENTIF-CI. The CENTIF became functional in March 2008 and was admitted into the Egmont Group in July 2010.
OTHER ANTI-MONEY LAUNDERING REGULATOR(S)
Groupe intergouvernemental d'action contre le blanchiment d'argent en Afrique de l'ouest (Intergovernmental Action Group Against Money Laundering in West Africa,GIABA)
A National Committee is also in charge of supervising GIABA activities and of developing Anti-Money Laundering and Counter-Terrorist Financing policies (CNSA-GIABA).
Banque Centrale des États de l’Afrique de l’Ouest (West Africa States Central Bank, BCEAO)
ARE LAWYERS COVERED BY ANTI-MONEY LAUNDERING LEGISLATION?
Article 5 of Directive N° 07/2002/CM/UEMOA and Article 5 of Law No 2005-554 of 2 December 2005 clearly list the circumstances under which the Directive would be applicable to independent legal professionals whenever they represent or support their clients outside of all legal proceedings, notably in connection with:
buying or selling goods, businesses or goodwill;
transferring money, securities or other assets owned by the client;
opening or managing a bank account, a savings account or a securities account; or
setting up, managing or steering of companies, trusts or similar bodies, or accomplishment of other financial operation.
LIST THE LAWS REGARDING ANTI-MONEY LAUNDERING, INDICATING WHICH LAWS ARE APPLICABLE TO LAWYERS.
Law No 2005-554 of 02 December 2005 on anti-money laundering, which transposes the West African Economic and Monetary Union (WAEMU) uniform Anti-Money Laundering laws into domestic legislation, applicable to lawyers
Decree No 2006-261 of 9 August 2006 on creating, organising and functioning of the CENTIF-CI
Directive N° 07/2002/CM/UEMOA on anti-money laundering in the Member States of the West African Economic and Monetary Union (UEMOA), applicable to lawyers.
Directive No 04/2007/CM/UEMOA on anti-money laundering in the Member States of the West African Economic and Monetary Union (UEMOA), applicable to lawyers.
Ordinance No 2009-367 of 12 November 2009 on anti-terrorism financing in the Member States of the West African Economic and Monetary Union (EUMOA), applicable to lawyers
Instruction N°01/2007/RB du 2 Juillet 2007 relative a la lutte contre le blanchiment de capitaux au sein des organes financiers.
United Nations Convention against Transnational Organized Crime, applicable to lawyers (Ivory Coast’s approach to international law is monist. In accordance with Article 87 of the Constitution of Ivory Coast, the Convention is directly effective in Ivory Coast. Therefore, no implementing legislation of this Convention is required.)
ARE VISITING LAWYERS SUBJECT TO LOCAL LAWS REGARDING ANTI-MONEY LAUNDERING, AND, IF SO, TO WHAT EXTENT?
There are no specific provisions on foreign lawyers.
LIST ANY MONEY LAUNDERING GUIDANCE FOR LAWYERS (FOR EXAMPLE, LAW SOCIETY OR BAR ASSOCIATION GUIDELINES) CURRENTLY IN PLACE.
IS THE LAW SOCIETY/BAR ASSOCIATION INVOLVED IN SUPERVISING OR ENFORCING COMPLIANCE WITH ANTI-MONEY LAUNDERING REGULATIONS?
DESCRIBE CLIENT DUE DILIGENCE REQUIREMENTS, INCLUDING WHEN IT MUST BE UNDERTAKEN BY LAWYERS.
Lawyers must, in compliance with Article 10 of the Directive N° 07/2002/CM/UEMOA and of Law No 2005-554 of 2 December 2005, carry out due diligence measures when dealing with:
payments in cash or deeds carried out under normal circumstances which exceed the value of 50,000,000 (fifty million) CFA Francs.
all transactions exceeding the value of 10,000,000 (ten million) CFA Francs, if transacted under suspicious circumstances (unusually complex and/or without any legal or economic justification)
In such circumstances, lawyers must find out from the client and/or through any other means possible, the origin and destination of the money in question as well as the objective of the transaction and the identities of natural or legal persons involved in conformity with the provisions of paragraphs 2, 3 and 5 of Article 7 of the Directive N° 07/2002/CM/UEMOA and of Law No 2005-554 of 2 December 2005
Specifics on the nature of the transaction, the identities of the client and beneficiary and, where required, of the main parties to the transaction are to be written in a confidential log to be used for rapprochements if the need arises.
DOES YOUR COUNTRY FOLLOW A RISK-BASED APPROACH TO CLIENT DUE DILIGENCE BY LAWYERS?
ARE THERE ENHANCED DUE DILIGENCE MEASURES FOR CERTAIN TYPES OF CLIENTS, FOR EXAMPLE, POLITICALLY EXPOSED PERSONS?
There is no information in the legislation regarding any enhanced due diligence measures required for clients which are politically exposed persons.
Nevertheless, the 2013 US State Department Money Laundering Report states that in the Ivory Coast such enhanced due diligence procedures are required for both foreign and domestic politically exposed persons.
ARE THERE SIMPLIFIED DUE DILIGENCE MEASURES FOR CERTAIN TYPES OF CLIENTS, FOR EXAMPLE, LISTED COMPANIES?
ARE LAWYERS PERMITTED TO RELY ON THIRD PARTY DUE DILIGENCE? IF YES, PLEASE DESCRIBE.
There are no specific provisions allowing lawyers to rely on third party due diligence.
WHEN IS A LAWYER UNDER AN OBLIGATION TO REPORT SUSPICIOUS TRANSACTIONS?
According to Article 26 of the Directive N° 07/2002/CM/UEMOA and of Law No 2005-554 of 2 December 2005, lawyers are under an obligation to report to CENTIF:
sums of money or other goods in their possession if such could be the result or proceeds of money laundering;
transactions involving goods when such could be used for money laundering;
sums of money or any other goods in their possession if suspicious that they could be used for the financing of terrorism or appear to be the proceeds of money laundering related transactions;
any information which could raise or reinforce suspicion.
DOES ATTORNEY/CLIENT PRIVILEGE AND/OR DUTIES OF CONFIDENTIALITY PROVIDE A DEFENCE OR PARTIAL/TOTAL EXCEPTION TO THE REQUIREMENT TO REPORT SUSPICIOUS TRANSACTIONS?
Article 34 of the Directive N° 07/2002/CM/UEMOA and of Law No 2005-554 of 2 December 2005 provides that notwithstanding any law or regulation to the contrary, professional secrecy cannot be invoked by lawyers to refuse to provide information to supervisory authorities (including the CENTIF), or to comply with reporting requirements provided for by the Directive N° 07/2002/CM/UEMOA and Law No 2005-554 of 2 December 2005.
DOES LOCAL LAW PROVIDE ANY CRIMINAL AND/OR CIVIL INDEMNITY TO A LAWYER WHO HAS REPORTED A SUSPICIOUS TRANSACTION?
Article 31 of the Directive N° 07/2002/CM/UEMOA and of Law No 2005-554 of 2 December 2005 holds the state responsible for any damages which could ensue from a declaration of suspicion made in good faith which nonetheless turns out to be false.
Articles 30 and 32 of the Directive N° 07/2002/CM/UEMOA and of Law No 2005-554 of 2 December 2005 provide for exemptions from criminal, civil and disciplinary liability for declarations of suspicion made in good faith.
ONCE A SUSPICIOUS TRANSACTION REPORT HAS BEEN FILED, IS A LAWYER ALLOWED TO PROCEED WITH THE LEGAL ADVICE/TRANSACTION, AND, IF SO, MUST CONSENT FROM AUTHORITIES BE OBTAINED FIRST?
According to Article 28 of the Directive N° 07/2002/CM/UEMOA and of Law No 2005-554 of 2 December 2005, if the CENTIF issues an order to halt the transaction for a period not exceeding 48 hours, a lawyer cannot proceed with the transaction. After 48 hours, if there is no subsequent order from a competent judge, the lawyer may proceed with the transaction.
IS THERE A TIPPING-OFF PROHIBITION? IF YES, PLEASE DESCRIBE.
Article 40of the Directive N° 07/2002/CM/UEMOA and of Law No 2005-554 of 2 December 2005 provides for imprisonment and/or fines whenever a lawyer discloses information on reporting made or to be made.
DESCRIBE ANY RESTRICTIONS ON ACCEPTING A NEW CLIENT.
ARE THERE ONGOING MONITORING REQUIREMENTS FOR EXISTING CLIENTS? IF YES, PLEASE DESCRIBE.
No. (for financial institutions only).
DESCRIBE ANY OTHER WAYS IN WHICH LAWYERS ARE AFFECTED BY ANTI-MONEY LAUNDERING LEGISLATION.
HAVE LAWYERS IN YOUR JURISDICTION BEEN IMPLICATED IN MONEY LAUNDERING, INCLUDING ANY TYPE OF COMPLAINT, ARREST OR PROSECUTION?
None known to date.
HAS THE FINANCIAL ACTION TASK FORCE (FATF) CONDUCTED A MUTUAL EVALUATION OF THIS COUNTRY, AND, IF SO, WHAT WERE THE FINDINGS CONCERNING LAWYERS’ COMPLIANCE WITH THE FATF 40+9 RECOMMENDATIONS?
No, the FATF has not officially published a Mutual Evaluation Report on the compliance of the Ivory Coast with the FATF 40+9 Recommendations.
Nevertheless, as published in the UNODC Newsletter on the Fight Against Money Laundering and Terrorism Financing in West Africa from June 2012, an on site mutual evaluation took occurred from 7 to 21 May 2012. The activity was undertaken in Abidjan, Ivory Coast, and was organised by the GIABA Secretariat.
Information provided by:
Commercial Law Intern
International Bar Association
4th Floor, 10 St Brides Street
London, EC4A 4AD
La Cellule Nationale de Traitement des Informations Financières de Côte d’Ivoire (CENTIF-CI).
US State Department Money Laundering Report on Ivory Coast - 2013 <http://www.knowyourcountry.com/cotedivoire1111.html> accessed 19 July 2013.