Afghanistan
CENTRAL AUTHORITY FOR REPORTING
Financial Intelligence Unit established under Da Afghanistan Bank (Central Bank)
ARE LAWYERS COVERED BY ANTI- MONEY LAUNDERING LEGISLATION?
Yes, according to Article 4 of Anti-Money Laundering and Proceeds of Crime Law, this law shall apply to:
- A lawyer, rahnamai mamelaat (transaction guide), other independent legal professional, or accountant, when they arrange or carry out transactions for their client concerning the following activities:
- Buying and selling immovable assets;
- Managing client money, securities or other assets;
- Opening or managing bank savings accounts or a securities service provider account;
- Securing capital necessary for the creation, operation or management of companies; and
- Creating, operating or managing a legal person or business organizastion and buying and selling of business entities.
LAWS REGARDING ANTI-MONEY LAUNDERING PROCEDURES
- Responsibilities of Financial Institutions in the Fight Against Money Laundering and Terrorist Financing, 2006
- Anti-Money Laundering and Proceeds of Crime Law, 2004
IN ADDITION TO THESE LAWS, IS THERE ANY MONEY LAUNDERING GUIDANCE FOR LAWYERS CURRENTLY IN PLACE?
No information available
UNDER WHAT CIRCUMSTANCES IS A LAWYER UNDER THE OBLIGATION TO REPORT?
Article 16 of Anti-Money Laundering and Proceeds of Crime Law
Article 16 - Reporting of suspicious transactions
- Where a reporting entity:
- Suspects that any transaction or attempted transaction may be related to or derived from the commission of an offence;
- Suspects that funds are linked or related to, or are to be used for terrorism, terrorist acts or by terrorist organizations,
The reporting entity, as soon as practicable after forming that suspicion, but no later than such period as may be prescribed in regulations by Da Afghanistan Bank, shall report the transaction or attempted transaction, to the Financial Intelligence Unit.
- The reports required of reporting entities under this Law shall be sent to the Financial Intelligence Unit in a form and by any rapid means of communication as may be determined in regulations of Da Afghanistan Bank
- Reporting entities shall be required to report a suspicious transaction carried out even if it became clear only after completion of a transaction that there were grounds for suspicion.
- After having submitted a suspicious transaction report under this law, reporting entities shall also be required to report without delay any additional information that might confirm or invalidate the suspicion.
LAWYERS RESPONSIBILITY/LIABILITY
According to Article 48 of Anti-Money Laundering and Proceeds of Crime Law, a person commits an offence when:
a. Fails to report a suspicious transaction, as provided for in article 16;
- The penalty for the commission of the offences above shall be as follows: in the case of a natural person, imprisonment for not less than six months and not more than one year or a fine of not less than 5,000 Afghani and not more than 25,000 Afghani, or both;
- With respect to corporate entities, a fine of not less than 25,000 Afghani and not more than 125,000 Afghani.
CLIENTS IDENTIFICATION AND VERIFICATION
Article 9 of Anti-Money Laundering and proceeds of Crime Law
Article 9 - Identification of customers.
- Reporting entities shall identify and verify the identity of their customers in the following circumstances when:
- Carrying out transactions equal to or exceeding 1,000,000 Afghani;
- In receipt of a electronic transfer that does not contain complete originator information
- There is a suspicion of money laundering or financing of terrorism; or
- The reporting entity has doubts about the veracity or adequacy of previously obtained customer identification data.
- Establishing business relations with any person.
LAWYERS PROSECUTED FOR MONEY LAUNDERING OFFENCES
No information available
