Algeria

Last updated: 08/06/2010

CENTRAL AUTHORITY FOR REPORTING.

The independent financial intelligence unit, Cellule du Traitement du Renseignement Financier, (CTRF) within the Ministry of Finance is responsible for:

  • Analysing and processing the data which the competent authorities and the statements of suspicion communicate to it;

  • Collecting all information to establish the origin of the funds or the real nature of the operations that are the subject of the statement;

  • Ensuring the transmission of the case to the public prosecutor in accordance with the law when the facts constitute an infringement operation of money laundering or the financing of terrorism.

OTHER ANTI-MONEY LAUNDERING REGULATOR(S).

No.


ARE LAWYERS COVERED BY ANTI-MONEY LAUNDERING LEGISLATION?

Within the framework of their profession, a lawyer who advises and/ or carries out operations that involve the deposit, exchange, placement, conversion or any other movement of capital is covered by anti-money laundering legislation.


LIST THE LAWS REGARDING ANTI-MONEY LAUNDERING, INDICATING WHICH LAWS ARE APPLICABLE TO LAWYERS.


ARE VISITING LAWYERS SUBJECT TO LOCAL LAWS REGARDING ANTI-MONEY LAUNDERING, AND, IF SO, TO WHAT EXTENT?

No.


LIST ANY MONEY LAUNDERING GUIDANCE FOR LAWYERS (FOR EXAMPLE, LAW SOCIETY OR BAR ASSOCIATION GUIDELINES) CURRENTLY IN PLACE

There is no money laundering guidance for lawyers.


IS THE LAW SOCIETY/BAR ASSOCIATION INVOLVED IN SUPERVISING OR ENFORCING COMPLIANCE WITH ANTI-MONEY LAUNDERING REGULATIONS?

In accordance with article 76 of the law n° 91/04 concerning the organization of the legal profession and the internal rules of the bar association, lawyers are obliged to strictly observe the duties and obligations stipulated by laws and regulations.


DESCRIBE CLIENT DUE DILIGENCE REQUIREMENTS, INCLUDING WHEN IT MUST BE UNDERTAKEN BY LAWYERS.

A person should present a valid original official document that contains a photograph and an official document of residence. (Copies are preserved).

A company should present the statutes and any document which establishes that it is legally recorded or approved and that it has a real existence at the time of the identification. (Copies are preserved).


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.

No.


WHEN IS A LAWYER UNDER AN OBLIGATION TO REPORT SUSPICIOUS TRANSACTIONS?

In any operation concerning funds that appear to come from a crime or an offence, in particular, organised crime, drug trafficking or any operation that appears to be intended for the financing of terrorism.

This statement must be made as soon as there is suspicion, even if it is impossible to postpone the execution of the operations.


DOES ATTORNEY/CLIENT PRIVILEGE AND/OR DUTIES OF CONFIDENTIALITY PROVIDE A DEFENCE OR PARTIAL/TOTAL EXCEPTION TO THE REQUIREMENT TO REPORT SUSPICIOUS TRANSACTIONS?

No. Further, no procedures for violation of professional secrecy can be committed against the lawyers who have informed the CTRF of their suspicions.

  • A lawyer that has made the declaration of suspicion and has proceeded in good faith is free from any administrative, civil or penal responsibility;

  • This exemption of responsibility remains in place even if the investigation does not continue or is withdrawn.

DOES LOCAL LAW PROVIDE ANY CRIMINAL AND/OR CIVIL INDEMNITY TO A LAWYER WHO HAS REPORTED A SUSPICIOUS TRANSACTION?

No.


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?

The operation which is the subject of the declaration of suspicion can be executed if the acknowledgment of receipt of the declaration of suspicion doesn’t contain any measures or if no decision, issued by the presiding judge of Algeries court or the competent examining magistrate, is notified within a maximum of 72 hours.


IS THERE A TIPPING-OFF PROHIBITION? IF YES, PLEASE DESCRIBE.

The law provision prohibits lawyers from notifying their clients and other entities about submitting a relevant report to the Committee.


DESCRIBE ANY RESTRICTIONS ON ACCEPTING A NEW CLIENT.

There is no restriction.


ARE THERE ONGOING MONITORING REQUIREMENTS FOR EXISTING CLIENTS? IF YES, PLEASE DESCRIBE.

No.


DESCRIBE ANY OTHER WAYS IN WHICH LAWYERS ARE AFFECTED BY ANTI-MONEY LAUNDERING LEGISLATION.

Not available.


HAVE LAWYERS IN YOUR JURISDICTION BEEN IMPLICATED IN MONEY LAUNDERING, INCLUDING ANY TYPE OF COMPLAINT, ARREST OR PROSECUTION?

Not available.


HAS THE FINANCIAL ACTION TASK FORCE (FATF) OR A FATF-STYLE REGIONAL BODY CONDUCTED A MUTUAL EVALUATION OF THIS COUNTRY, AND, IF SO, WHAT WERE THE FINDINGS CONCERNING LAWYERS’ COMPLIANCE WITH THE FATF 40+9 RECOMMENDATIONS?

No.



Information provided by:

Aloui Salima (partner)
Goussanem Khaled (partner)

Goussanem & Aloui Law Firm
02 rue Omar Bencheickh
boulevard Larbi Ben M'hidi
Alger-centre Alger.

Tel +213770902516
Fax +21321746525
secretariat@algeria-lawyers.com  
www.algeria-lawyers.com