Money Laundering Act 2022 Overview

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Questions and Answers

What is the minimum imprisonment term for individuals convicted under subsection (2)?

  • Two years
  • Six years
  • Four years (correct)
  • Five years

What is the penalty for a body corporate that contravenes subsection (2)?

  • A fine not less than five times the value of the funds (correct)
  • A fine of seven times the value of the acquired funds
  • Imprisonment for the directors
  • A warning issued by regulators

Which of the following acts is included in the unlawful acts covered under subsection (2)?

  • Participation in organized criminal groups (correct)
  • Voluntary court settlements
  • Contract breaches
  • Tax evasion on personal income

What happens if a body corporate continues to commit the offence after its first conviction?

<p>The regulators may withdraw or revoke their license (B)</p> Signup and view all the answers

Which of the following is NOT listed as an unlawful act under subsection (6)?

<p>Corporate mergers (C)</p> Signup and view all the answers

Which of the following crimes is associated with financing acts of terrorism as per subsection (6)?

<p>Racketeering (D)</p> Signup and view all the answers

In what scenario does a person committing an offense under subsection (2) become subject to penalties specified in this section?

<p>Even if the acts were committed in different countries (B)</p> Signup and view all the answers

What is one form of illicit activity defined in subsection (6)?

<p>Environmental crimes (A)</p> Signup and view all the answers

Which of the following actions does NOT invoke legal professional privilege under the Money Laundering Prevention and Prohibition Act, 2022?

<p>The creation of a will (D)</p> Signup and view all the answers

What is the penalty for an individual found guilty of establishing or operating a shell bank in Nigeria?

<p>Imprisonment for at least two years (D)</p> Signup and view all the answers

According to the Act, which of the following is true regarding financial institutions and shell banks?

<p>They are prohibited from entering correspondent banking relationships with shell banks (A)</p> Signup and view all the answers

Which of the following activities must a financial institution satisfy itself against when dealing with respondent financial institutions in foreign countries?

<p>Usage of accounts by shell banks (D)</p> Signup and view all the answers

A financial institution can incur which of the following penalties for contravening the provisions regarding shell banks?

<p>Prosecution of principal officers (B)</p> Signup and view all the answers

What is the maximum fine a corporate body can face for violations related to the establishment of shell banks?

<p>N50,000,000 (B)</p> Signup and view all the answers

Which of the following options represents a legitimate action under the Act?

<p>Conducting business transactions as usual (C)</p> Signup and view all the answers

In the context of this Act, what constitutes illegal activity relevant to legal professional privilege?

<p>Acts produced in furtherance of unlawful acts (A)</p> Signup and view all the answers

Which of the following is NOT categorized as a designated non-financial business and profession?

<p>Virtual asset service providers (D)</p> Signup and view all the answers

What is included in the definition of a 'financial institution'?

<p>Insurance institutions (C)</p> Signup and view all the answers

Who is recognized as a 'competent authority' in combating money laundering?

<p>Economic and Financial Crimes Commission (A)</p> Signup and view all the answers

Which of the following describes 'false declaration'?

<p>Misrepresentation of currency value or required data (B)</p> Signup and view all the answers

Which of the following terms is defined as 'financial support of terrorism'?

<p>Terrorism financing (B)</p> Signup and view all the answers

Which of these entities is classified as a 'designated non-financial business and profession'?

<p>Casinos (D)</p> Signup and view all the answers

What does 'beneficial owner' refer to in the context of this regulation?

<p>A person benefiting from a transaction or ownership (D)</p> Signup and view all the answers

Which definition pertains to individuals holding significant political positions?

<p>Politically exposed persons (PEPs) (A)</p> Signup and view all the answers

Which of the following is NOT considered a transaction under this Act?

<p>Buying a book (D)</p> Signup and view all the answers

What does 'shell bank' refer to within the definitions provided?

<p>A bank not affiliated with regulated financial groups (C)</p> Signup and view all the answers

Which agency is responsible for acting as the financial intelligence unit in Nigeria?

<p>Nigerian Financial Intelligence Unit (NFIU) (A)</p> Signup and view all the answers

What is the purpose of 'suspicious' activity as mentioned in the document?

<p>To identify activity beyond mere speculation (C)</p> Signup and view all the answers

Which of the following actions is NOT included in the definition of a financial transaction?

<p>Providing advice (D)</p> Signup and view all the answers

Flashcards

Account

A facility/arrangement where a financial institution accepts deposits, allows withdrawals, transfers, handles cheques/payment orders, and may offer safe deposit boxes.

Beneficiary

A person or entity identified by the originator as receiving requested cash or wire transfers.

Beneficial owner

The actual person who controls a customer's funds or conducts a transaction on their behalf.

Business relationship

Arrangement between a person and a financial/designated non-financial institution to conduct a transaction.

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Central Bank

The central banking authority of a country (in this case, Nigeria).

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Commission

The Economic and Financial Crimes Commission (Nigeria).

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Competent authority

Any agency/institution involved in combating money laundering and terrorism financing.

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Correspondent banking

One bank providing banking services to another.

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Casino

A licensed or unlicensed establishment with gambling features, including internet casinos and physical spaces.

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Designated Non-Financial Business and Profession (DNFBP)

Specific businesses/professions, regulated to prevent money laundering or terrorist financing.

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False declaration

Misrepresentation of currency/negotiable instrument value or other relevant data during declarations/requests.

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Financial institution

Entities like banks, investment companies, insurance firms, and other financial service providers.

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Funds

Tangible/intangible, movable/immovable assets, or documents/instruments of ownership/interest in them, even digital or electronic forms.

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Penalties for Contravening Subsection (2)

Individuals convicted of violating subsection (2) face imprisonment (4-14 years) or fines (at least 5x crime proceeds). Corporations face fines (at least 5x acquired funds/property). Repeated offenses can lead to license revocation.

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Unlawful Acts (Subsection 6)

A list of criminal activities covered by the law. This includes various offenses, from organized crime to specific financial crimes and violent acts.

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Organized Criminal Group

A group of individuals working together to commit crimes.

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Racketeering

Engaging in unlawful activities typically for financial gain.

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Terrorism

The use or threat of violence for political ends.

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Corruption

Dishonest or fraudulent conduct by those in power or positions of trust.

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Insider Trading

Using confidential information to gain an unfair advantage in the stock market.

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Illicit Arms Trafficking

Illegal buying, selling, or moving of weapons, often for violence or other criminal purposes.

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Violation Location

Crimes committed in any location are still subject to penalties under the law.

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Money Laundering Prohibition Act

A law in Nigeria that prevents and prohibits money laundering activities.

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Legal Professional Privilege

The right of a lawyer to keep client information confidential.

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Exceptions to Privilege

Circumstances where legal privilege does not apply, like property transactions or business dealings involving client funds.

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Numbered/Anonymous Accounts

Bank accounts concealed in some way to hide the owners' identity.

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Prohibition of Numbered/Anonymous Accounts

It's illegal to open, or use these types of accounts.

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Shell Banks

Banks that exist but lack real functions, often used in money laundering schemes.

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Correspondent Banking Relationships

Cooperation between banks in different countries for financial transactions.

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Penalties for Violations

Imprisonment or fines are severe punishments for violating the money laundering prohibition act.

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Study Notes

Official Gazette Notice

  • Nigeria's Official Gazette, Volume 109, Number 90, dated May 13, 2022, contains a supplement.
  • The supplement includes the Money Laundering (Prevention and Prohibition) Act, 2022.
  • The Act is Act No. 14.
  • Act spans pages A465-488 of the Gazette.

Money Laundering (Prevention and Prohibition) Act, 2022

  • Objectives:

    • Provide a legal and institutional framework to prevent, prohibit, detect, prosecute, and punish money laundering and related offenses in Nigeria.
    • Strengthen existing systems for combating money laundering and related offenses.
    • Prohibit money laundering.
    • Expand the scope of money laundering offenses and provide appropriate penalties.
    • Establish a Special Control Unit Against Money Laundering within the Economic and Financial Crimes Commission.
  • Part II - Prohibition of Money Laundering:

    • Limits cash payments to ₦5,000,000 (individuals) or ₦10,000,000 (corporations).
    • Mandates reporting of international transfers exceeding US$10,000 or equivalent.
    • Requires declaration for cash transportation exceeding US$10,000 or equivalent.
    • Details duties of financial institutions and designated non-financial businesses and professions regarding customer identification, transaction surveillance, and reporting suspicious activities.
  • Part III - Special Control Unit Against Money Laundering:

    • Establishes the Special Control Unit Against Money Laundering (SCUML) within the Economic and Financial Crimes Commission.
    • Outlines SCUML functions, including registration of designated non-financial businesses, monitoring, enforcement, and database maintenance.
  • Part IV - Offenses and Penalties:

    • Defines offenses related to money laundering.
    • Outlines criminal and administrative penalties for violations, including fines and/or imprisonment.
      • Specifies penalties for conspiracy, aiding, and abetting.
      • Outlines liabilities for bodies corporate.
  • Part V - Miscellaneous Provisions:

    • Addresses jurisdiction, power to demand and obtain records, obstruction of authorized officers, periodic reporting, and administrative penalties.
    • Addresses the retention of proceeds from an unlawful act.
    • Explains conspiracy, aiding, and abetting.
    • Details liability for bodies corporate.
  • Important Sections: Includes sections on suspicious transaction reporting, preservation of records, internal procedures, mandatory disclosure, and more.

  • Definitions: Provides key definitions for terms like "financial institution," "politically exposed persons (PEPs)," "proceeds," "transaction," etc.

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