Podcast
Questions and Answers
What is the minimum imprisonment term for individuals convicted under subsection (2)?
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)?
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)?
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?
What happens if a body corporate continues to commit the offence after its first conviction?
Which of the following is NOT listed as an unlawful act under subsection (6)?
Which of the following is NOT listed as an unlawful act under subsection (6)?
Which of the following crimes is associated with financing acts of terrorism as per subsection (6)?
Which of the following crimes is associated with financing acts of terrorism as per subsection (6)?
In what scenario does a person committing an offense under subsection (2) become subject to penalties specified in this section?
In what scenario does a person committing an offense under subsection (2) become subject to penalties specified in this section?
What is one form of illicit activity defined in subsection (6)?
What is one form of illicit activity defined in subsection (6)?
Which of the following actions does NOT invoke legal professional privilege under the Money Laundering Prevention and Prohibition Act, 2022?
Which of the following actions does NOT invoke legal professional privilege under the Money Laundering Prevention and Prohibition Act, 2022?
What is the penalty for an individual found guilty of establishing or operating a shell bank in Nigeria?
What is the penalty for an individual found guilty of establishing or operating a shell bank in Nigeria?
According to the Act, which of the following is true regarding financial institutions and shell banks?
According to the Act, which of the following is true regarding financial institutions and shell banks?
Which of the following activities must a financial institution satisfy itself against when dealing with respondent financial institutions in foreign countries?
Which of the following activities must a financial institution satisfy itself against when dealing with respondent financial institutions in foreign countries?
A financial institution can incur which of the following penalties for contravening the provisions regarding shell banks?
A financial institution can incur which of the following penalties for contravening the provisions regarding shell banks?
What is the maximum fine a corporate body can face for violations related to the establishment of shell banks?
What is the maximum fine a corporate body can face for violations related to the establishment of shell banks?
Which of the following options represents a legitimate action under the Act?
Which of the following options represents a legitimate action under the Act?
In the context of this Act, what constitutes illegal activity relevant to legal professional privilege?
In the context of this Act, what constitutes illegal activity relevant to legal professional privilege?
Which of the following is NOT categorized as a designated non-financial business and profession?
Which of the following is NOT categorized as a designated non-financial business and profession?
What is included in the definition of a 'financial institution'?
What is included in the definition of a 'financial institution'?
Who is recognized as a 'competent authority' in combating money laundering?
Who is recognized as a 'competent authority' in combating money laundering?
Which of the following describes 'false declaration'?
Which of the following describes 'false declaration'?
Which of the following terms is defined as 'financial support of terrorism'?
Which of the following terms is defined as 'financial support of terrorism'?
Which of these entities is classified as a 'designated non-financial business and profession'?
Which of these entities is classified as a 'designated non-financial business and profession'?
What does 'beneficial owner' refer to in the context of this regulation?
What does 'beneficial owner' refer to in the context of this regulation?
Which definition pertains to individuals holding significant political positions?
Which definition pertains to individuals holding significant political positions?
Which of the following is NOT considered a transaction under this Act?
Which of the following is NOT considered a transaction under this Act?
What does 'shell bank' refer to within the definitions provided?
What does 'shell bank' refer to within the definitions provided?
Which agency is responsible for acting as the financial intelligence unit in Nigeria?
Which agency is responsible for acting as the financial intelligence unit in Nigeria?
What is the purpose of 'suspicious' activity as mentioned in the document?
What is the purpose of 'suspicious' activity as mentioned in the document?
Which of the following actions is NOT included in the definition of a financial transaction?
Which of the following actions is NOT included in the definition of a financial transaction?
Flashcards
Account
Account
A facility/arrangement where a financial institution accepts deposits, allows withdrawals, transfers, handles cheques/payment orders, and may offer safe deposit boxes.
Beneficiary
Beneficiary
A person or entity identified by the originator as receiving requested cash or wire transfers.
Beneficial owner
Beneficial owner
The actual person who controls a customer's funds or conducts a transaction on their behalf.
Business relationship
Business relationship
Signup and view all the flashcards
Central Bank
Central Bank
Signup and view all the flashcards
Commission
Commission
Signup and view all the flashcards
Competent authority
Competent authority
Signup and view all the flashcards
Correspondent banking
Correspondent banking
Signup and view all the flashcards
Casino
Casino
Signup and view all the flashcards
Designated Non-Financial Business and Profession (DNFBP)
Designated Non-Financial Business and Profession (DNFBP)
Signup and view all the flashcards
False declaration
False declaration
Signup and view all the flashcards
Financial institution
Financial institution
Signup and view all the flashcards
Funds
Funds
Signup and view all the flashcards
Penalties for Contravening Subsection (2)
Penalties for Contravening Subsection (2)
Signup and view all the flashcards
Unlawful Acts (Subsection 6)
Unlawful Acts (Subsection 6)
Signup and view all the flashcards
Organized Criminal Group
Organized Criminal Group
Signup and view all the flashcards
Racketeering
Racketeering
Signup and view all the flashcards
Terrorism
Terrorism
Signup and view all the flashcards
Corruption
Corruption
Signup and view all the flashcards
Insider Trading
Insider Trading
Signup and view all the flashcards
Illicit Arms Trafficking
Illicit Arms Trafficking
Signup and view all the flashcards
Violation Location
Violation Location
Signup and view all the flashcards
Money Laundering Prohibition Act
Money Laundering Prohibition Act
Signup and view all the flashcards
Legal Professional Privilege
Legal Professional Privilege
Signup and view all the flashcards
Exceptions to Privilege
Exceptions to Privilege
Signup and view all the flashcards
Numbered/Anonymous Accounts
Numbered/Anonymous Accounts
Signup and view all the flashcards
Prohibition of Numbered/Anonymous Accounts
Prohibition of Numbered/Anonymous Accounts
Signup and view all the flashcards
Shell Banks
Shell Banks
Signup and view all the flashcards
Correspondent Banking Relationships
Correspondent Banking Relationships
Signup and view all the flashcards
Penalties for Violations
Penalties for Violations
Signup and view all the flashcards
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.