CENTRAL AUTHORITY FOR REPORTING
Financial Intelligence Unit (FIU).
OTHER ANTI-MONEY LAUNDERING REGULATOR(S)
Anti-Money Laundering Committee (AMLC)
Central Bank of Yemen (CBY)
The Ministry of Interior (MOI)
The Public Funds Prosecution
Ministry of Finance
ARE LAWYERS COVERED BY ANTI-MONEY LAUNDERING LEGISLATION?
There is no specific AML/ CTF legislation targeting lawyers but they are covered as citizens under the general criminal AML law- Law No. 35 of 2003.
LIST THE LAWS REGARDING ANTI-MONEY LAUNDERING, INDICATING WHICH LAWS ARE APPLICABLE TO LAWYERS.
- Law No. 35 of 2003;
- Law No. 39 of 2006;
- Decree 89 of 2006, containing the Executive Regulations of Law No. 35 of 2003 (ER);
- List of AML Regulatory Procedures (LAMLRP);
- Financial Disclosure Law No. 30/2006;
- Prime Minister Decree No. 121 of 2007 (created the Supreme National Committee, which is responsible for enforcing financial disclosure).
ARE VISITING LAWYERS SUBJECT TO LOCAL LAWS REGARDING ANTI-MONEY LAUNDERING, AND, IF SO, TO WHAT EXTENT?
Visiting lawyers are only covered by the general criminal AML law.
LIST ANY MONEY LAUNDERING GUIDANCE FOR LAWYERS (FOR EXAMPLE, LAW SOCIETY OR BAR ASSOCIATION GUIDELINES) CURRENTLY IN PLACE.
No information available.
IS THE LAW SOCIETY/BAR ASSOCIATION INVOLVED IN SUPERVISING OR ENFORCING COMPLIANCE WITH ANTI-MONEY LAUNDERING REGULATIONS?
No information available.
DESCRIBE CLIENT DUE DILIGENCE REQUIREMENTS, INCLUDING WHEN IT MUST BE UNDERTAKEN BY LAWYERS.
Only financial institutions are subject to client due diligence requirements. Lawyers are under no such obligation.
DOES YOUR COUNTRY FOLLOW A RISK-BASED APPROACH TO CLIENT DUE DILIGENCE BY LAWYERS?
No.
ARE THERE ENHANCED DUE DILIGENCE MEASURES FOR CERTAIN TYPES OF CLIENTS, FOR EXAMPLE, POLITICALLY EXPOSED PERSONS?
No.
ARE THERE SIMPLIFIED DUE DILIGENCE MEASURES FOR CERTAIN TYPES OF CLIENTS, FOR EXAMPLE, LISTED COMPANIES?
No.
ARE LAWYERS PERMITTED TO RELY ON THIRD PARTY DUE DILIGENCE? IF YES, PLEASE DESCRIBE.
Lawyers are under no client due diligence obligations.
WHEN IS A LAWYER UNDER AN OBLIGATION TO REPORT SUSPICIOUS TRANSACTIONS?
Lawyers are not obligated to report transactions that are suspected to conceal illegitimate money laundering or financing of terrorism.
DOES ATTORNEY/ CLIENT PRIVILEGE AND/OR DUTIES OF CONFIDENTIALITY PROVIDE A DEFENCE OR PARTIAL/ TOTAL EXCEPTION TO THE REQUIREMENT TO REPORT SUSPICIOUS TRANSACTIONS?
There is no suspicious transaction reporting requirement.
DOES LOCAL LAW PROVIDE ANY CRIMINAL AND/OR CIVIL INDEMNITY TO A LAWYER WHO HAS REPORTED A SUSPICIOUS TRANSACTION?
No legislative protection is available for breach of any restrictions on disclosure of information. However, a client may cancel a retainer with his lawyer.
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?
Lawyers do not need to obtain consent from any authority before resuming representation of a client.
IS THERE A TIPPING-OFF PROHIBITION? IF YES, PLEASE DESCRIBE.
No.
DESCRIBE ANY RESTRICTIONS ON ACCEPTING A NEW CLIENT.
Lawyers may not accept a client if there is a pre-existing conflict of interest.
ARE THERE ONGOING MONITORING REQUIREMENTS FOR EXISTING CLIENTS? IF YES, PLEASE DESCRIBE.
There is no monitoring requirement.
DESCRIBE ANY OTHER WAYS IN WHICH LAWYERS ARE AFFECTED BY ANTI-MONEY LAUNDERING LEGISLATION.
No information available.
HAVE LAWYERS IN YOUR JURISDICTION BEEN IMPLICATED IN MONEY LAUNDERING, INCLUDING ANY TYPE OF COMPLAINT, ARREST OR PROSECUTION?
No information available.
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?
In January 2009, the Middle East and North Africa Task Force (MENAFATF), an FATF associate member organization, released a mutual evaluation report for Yemen.
The report found that Yemen has achieved progress in implementing AML legislation and a reasonable executive framework through the passage of Law No.35 of 2003, the Executive Regulations of the same law and the list of LAMLRP. The report noted that there were no terrorist financing laws currently in place, although Yemen is in the process of preparing a draft, unified law, combining both CFT and the existing AML obligations in order to bring the country in line with international requirements.
The report criticised Yemen for its lack of AML regulation in relation to DNFBPs, including lawyers, and its deficient customer due diligence and suspicious transaction reporting requirements. The assessment team also noticed a shortage of human and financial resources within the various AML supervisory bodies as well as a lack of effective coordination between them.
An executive summary of the MENAFATF report is available here.
Information provided by:
Mr. Saeed Sohbi
Barrister-at-law
Advocate of the Supreme Court, Yemen
ssohbi@yahoo.com
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