FUNCTIONING OF NATIONAL FINANCIAL INVESTIGATION AGENCY (ANIF) – ANTI MONEY LAUNDERING AND TERRORISM FINANCING IN CAMEROON AND CEMAC
Confidentiality
Members of the ANIF and their correspondents referred to in Articles 67 and 68 of the regulation shall take the following oath before assuming their duties: “I swear to conduct myself as a worthy and loyal member (or correspondent) of the ANIF, to maintain the confidentiality of all information that I become aware of in the course of my duties, even after the termination of those duties.”
Disclosure of Information Transmitted to the ANIF
The disclosure of information held by the ANIF is prohibited. This information may not be used for purposes other than those provided for in this chapter.
Notwithstanding the provisions of the first paragraph above, and provided that it relates to matters that may give rise to a suspicious transaction report, the ANIF is authorized to communicate information it holds to the customs administration, the tax authorities, and the judicial police.
It may also transmit to specialized intelligence services information relating to events that may reveal a threat to the nation's fundamental interests in matters of public safety and national security.
It may also transmit to the tax authorities, who may use them for the performance of their duties, information on events that may constitute tax fraud or attempted tax fraud.
The ANIF may also transmit to government departments responsible for preparing and implementing measures to freeze or prohibit the movement or transfer of funds, financial instruments, and economic resources, information related to the performance of their duties.
Handling of Suspicious Activity Reports by the ANIF
The ANIF acknowledges receipt of all written suspicious activity reports. It immediately processes and analyzes the information gathered and, where necessary, requests additional information from the reporting party, as well as from any relevant public and/or regulatory authority.
When its investigations reveal facts that may constitute money laundering, terrorist financing, or proliferation financing, the ANIF submits a report to the Public Prosecutor.
Referral of a Case to the Public Prosecutor by the ANIF
If the ANIF refers a case to the Public Prosecutor, the suspicious activity report, or any information transmitted to it in accordance with Articles 82 and 83 of the regulations, is not included in the case file, in order to protect the anonymity of the individuals who submitted it. The Public Prosecutor, or any equivalent authority, upon being notified, is required to initiate proceedings and inform the ANIF (National Financial Intelligence Unit) of the outcome of the proceedings in cases that have been reported.
Any person other than those listed in Articles 6 and 7 of the regulations may report to the Public Prosecutor any transactions of which they are aware that involve sums they know may be part of a money laundering, terrorist financing, or proliferation financing scheme, or may originate from a crime or offense. In such cases, the Public Prosecutor informs the ANIF, which provides them with all relevant information.
Objection to the Execution of a Transaction Subject to a Suspicious Transaction Report
If circumstances so require, the ANIF (National Financial Intelligence Agency) may, based on serious, consistent, and reliable information in its possession, object to the execution of a transaction that has given rise to a suspicious transaction report before the expiry of the execution period indicated by the reporting party. This objection shall be notified to the reporting party in writing and shall prevent the execution of the transaction for a period not exceeding forty-eight (48) hours.
The territorially competent judge of emergency matters may, at the request of the ANIF, by order issued at the foot of said request, extend the period provided for in the preceding paragraph or order the provisional seizure of the funds, accounts, or securities concerned by the suspicious transaction report for an additional period not exceeding eight (8) days. The order thus issued is subject to appeal in accordance with the procedures laid down by the law of the Member State.
The order granting the request is enforceable immediately before any notification is made to the person who filed the suspicious transaction report and notwithstanding the exercise of any appeals.
The transaction that was the subject of the suspicious transaction report may be executed if the ANIF has not filed an objection or if, at the end of the forty-eight (48) hour period referred to in the first paragraph of this Article, no decision of the judicial authority has been notified to the person who filed the report.
ANIF's Right to Access Information
For the purposes of this chapter, ANIF may request that documents held pursuant to Articles 38 and 39 of the regulation be provided to it, regardless of the medium used for their storage and within the time limits it sets. This right is exercised for the purpose of reconstructing all transactions carried out by a natural or legal person related to a transaction that has been the subject of a suspicious transaction report or information received from any public service, as well as for the purpose of providing information, under the conditions stipulated in Article 82 of the regulations, to foreign counterpart financial intelligence units.
Under no circumstances may professional secrecy be invoked against ANIF's requests.
The ANIF receives, at the initiative of State administrations, local authorities, public institutions, and any other person entrusted with a public service mission, all information necessary for the accomplishment of its mission, or obtains it from them upon request, within the time limits it sets. In the event of a refusal to provide information to the ANIF, the Director of the ANIF refers the matter to the judge of emergency jurisdiction, who may, if the refusal has no serious basis, order the service concerned to comply. The judicial authority, the financial courts, and the judicial police officers may make the ANIF the recipient of any information for the same purposes.
ANIF's Obligation to Inform
When, on the basis of a suspicious transaction report, the ANIF refers the matter to the public prosecutor, it informs the person subject to the reporting obligation who made the report.
Liability of ANIF or its members
The civil liability of ANIF and its members can only be invoked, in the course of carrying out its legal duties, in cases of fraud or gross negligence.