ESAAMLG - MoU

MEMORANDUM OF UNDERSTANDING = AMONG MEMBER=20 GOVERNMENT OF THE EASTERN AND SOUTHERN AFRICA ANTI = MONEY=20 LAUNDERING GROUP

Considering the threat = posed by=20 the activities of many launderers;

Determined = to=20 preserve and maintain social, economic and political = stability=20 in the region.

Acknowledging the need for = expertise and=20 training to ensue effective implementation of money = laundering=20 counter-measure and the support of non=20 measure.

Acknowledging that regional and = international=20 co-operation critical in the fight against money = laundering=20 and reaffirming their commitment given in various = Commonwealth=20 meetings including those of Heads of Government, and = Law and=20 Finance Ministers to adopt and implement the 40=20 Recommendations of the Financial Action Task Force=20 (CFATF)

Acknowledging the need for the = development and=20 implementation of national anti money laundering = legislation=20 in the respective countries which is in accordance = with=20 international anti money laundering = strategies.

The=20 Governments of the Eastern party to this this = memorandum have=20 reached the following understanding:

I -=20 Objectives

Member countries of the Eastern = and=20 Southern Africa Anti Money laundering Group (ESAAMLG) = agree=20 to:

adopt and implement the 40 Recommendations of = the=20 Financial Action Task Force;=20
apply anti- money laundering measures to all = serious=20 crimes; and=20
implement any other measures contained in = multilateral=20 Agreements and initiatives to which they subscriber = for the=20 prevention and control of the laundering of the = proceeds of=20 all serious crimes.

II - = Members

1.=20 Member countries are:=20

Those countries within the Eastern and Southern = Africa=20 Region (initial subscribers) which subscribe to this = Memorandum either:=20
1. By signing this memorandum at the meeting held = in=20 Arusha, Tanzania on 27 August, 199, or=20
2. within six months thereafter.
Any county within the region, other than an = initial=20 subscriber to this memorandum of understanding, = whose=20 application for membership of the group is approved. =

Applications for membership by a = country=20 described in paragraph II.1(b) will be considered by = the=20 President in consultation with other member countries = within=20 12 months of receipt. Countries will be admitted as = Members=20 upon approval of their application by thirds of the = member=20 countries and their subscription on this memorandum.=20

III - Co-operating and Supporting=20 Nations

Co-operating and Supporting nations are = countries which=20 express their support of the objectives of the = Eastern and=20 Southern Africa anti Money Laundering Group.=20
Co-operating and Supporting Nations are = committed to the=20 mutual evaluation of their progress in implementing = the 40=20 Recommendations of the FATF and will make such = contributions=20 to the work and /or resources of ESAAMLG as a = permitted by=20 their respective national laws and policies=20
Other countries that are not Member of ESAAMLG = may=20 become Co-operating and Supporting Nations. All = future=20 Co-operating and Supporting Nations must express = their=20 commitment to the support of the ESAAMLG and have = undergone=20 a positive mutual evaluation by the FATF or = FATF-style=20 regional body.=20
Countries may apply in writing to the President = of the=20 Ministerial Council to become Co-operating and = Supporting=20 Nations. Application will be considered by the = President in=20 consultation with other Member Countries within 12 = months of=20 receipt. A country will be considered a Co-operating = and=20 Supporting Nation upon approval of their application = by two=20 thirds of the Member Countries.

IV -=20 Observers

Observers are :

1. Organisations which actively support or = otherwise are=20 interested in the objective of the ESAAMLG;=20
2. Countries which are considering Membership of = becoming=20 Co-operating and Supporting Nations=20
3. Any other country or Organisation after = appropriate=20 consultation, invited by the president of the = council with=20 members;
Initial observers to the ESAMLG are the = Commonwealth=20 Secretariat, the UN Global Programme Against Money=20 Laundering, the FATF Secretariat, the World Bank, = the IMF,=20 the Interpol, the SADC Secretariat, the COMESA = Secretariat,=20 and the EAC Secretariat, African Development Bank, = and the=20 Eastern and Southern Africa Development Bank;=20
An Organisation or country, may apply in writing = to the=20 President of the Council to become an Observer. = Application=20 will be considered by the President in consultation = with=20 other Member countries within12 months of receipt.=20 Organisations or countries, will be admitted as = Observers=20 upon the approval of their application by two third = of the=20 member countries=20

V - Funding

The activities of the ESAAMLG will be funded by = annual=20 contribution from Member countries as decided by the = Ministerial Council and by contribution from = Co-operating=20 and Supporting nations or any other source approved = by the=20 Ministerial Council.=20
Member countries will bear the cost of their=20 participation in the activities of the ESAAMLG.=20

VI- Structure

The Eastern and = Southern=20 Africa Anti Money Laundering Group comprises:

The Ministerial Council (the Council);=20
The Task Force of Senior Official (the task = Force)=20
The secretariat.

VII - The = Council=20

Subject to chapter XI, the Ministerial Council = will be=20 key Decision Body within the ESAAMLG and consist of = at least=20 on ministerial representative or duly authorised = alternate=20 from each Member country.=20
The Council will meet at least once a year.=20
The Council shall elect a President and = Vice-President=20 from among its number provided always that:=20
1. The President and the Vice-President may not = represent=20 the same Member country;=20
2. The President and the Vice-President include = among=20 their number on Minister representing legal or law = enforcement interests and one Ministers = representing=20 financial interests.

4. The = council=20 will:

approve the annual Report=20
approve the Financial Reports for the previous = financial=20 year;=20
approve the Work Programme for the following = year/s;=20
approve the budget for the following year;=20
Establish a Secretariat and appoint the = Executive=20 secretary and, where relevant, the Deputy Executive=20 secretary of the secretariat;=20
appoint the Chairman and Vice Chairman of the = Task=20 Force;=20
appoint an External Accountant and an Auditor;=20
adopt Evaluation Report on Member countries;=20
decide on policy matters including the adoption = of any=20 international anti-money laundering standards;=20
approve the admission of New Member countries,=20 Co-operating and Supporting Nations, and Observers;=20
take appropriate action with respect to Member = countries=20 that do not comply with this memorandum;=20
determine the location of the Secretariat;=20
discuss any other business of which written = notice has=20 been given to the Secretariat at least three months = prior to=20 the meeting of the Council; and=20
agree on the date and venue of the next meeting = of the=20 Council

VIII - The = President

The President will hold office for a term of one = year=20 and will chair meeting of the Council.=20
The President will represent the ESAAMLG at = meeting of=20 other intergovernment groups dealing with anti-money = laundering and other occasions determined by the = Council.=20
in the event that the President is unable to = perform any=20 official function, the Vice-President will assume = the duties=20 and powers of the President.

IX - The=20 Vice-President

The Vice-President will = undertake=20 such functions as may be delegated by the=20 President.

X- The Task Force

Each member will be represented in the Task = Force by=20 such senior official as may be appropriate provided = that=20 each member shall nominate one senior official as = head of=20 delegation.=20
The Task Force will meet twice annually.=20
The task Force will be chaired by the Chairman = in the=20 event of his/her absence the Vice Chairman will = deputise=20
For submission of the Council, the Task Force = will:=20
1. prepare the draft agenda;=20
2. consider the draft Annual Report;=20
3. consider the Financial Reports;=20
4. review progress in the implementation of the = approved=20 work programme;=20
5. consider the draft Work Programme for the = following=20 year;=20
6. consider a budget for the following year=20
7. make recommendations for the appointment of = the=20 External Accountant and an External Auditor;=20
8. develop, consider and recommend proposals for = funding;=20
9. consider self and mutual Evaluation Reports on = Member=20 countries;=20
10. make recommendation on policy matters, = including the=20 adoption of any revised recommendations;=20
11. make recommendations on the admission of new = Member=20 countries, Co-operating and Supporting Nations, = and=20 Observers; and=20
12. recommend candidates for the position of = Executive=20 secretary and (Depute Executive Secretary) =
The Task Force may, with the consent of the = President=20 establish an Executive Bureau standing sub-groups to = undertake specific task; and adhoc groups, as = appropriate,=20 to deal with specific issues including day to day = management=20 of its work.

XI - Procedures at=20 Meetings

A valid constituted quorum for a meeting of = either the=20 council or the Task Force will exist when at least = one half=20 of the member countries is present.=20
All Member countries participate in meetings.=20 Co-operating and Supporting Nations and Observer = may,=20 subject to contrary resolution by Member countries,=20 participate in meetings.=20
Only Member countries present have the right to = vote and=20 each member country has one vote at a meeting of the = Council.=20
Co-operating and Supporting Nations and = Observers may=20 participate in the discussion of evaluations unless = the=20 evaluated Member country objects=20
Resolution of the Council will be adopted by = two- third=20 majority of the Member countries present.=20
Notwithstanding the provision of the Article = XI.5, all=20 resolutions relating to financial issues will be = determined=20 by consensus.

XII - The = Secretariat

The Secretariat will perform technical and=20 administrative functions under the direction of the=20 Executive secretary.=20
The Secretariat, under supervision of the = chairman of=20 the Task Force, will:=20
1. implement the work programme approved by the = council;=20
2. administer the approved budget;=20
3. co-ordinate and participation in mutual = evaluations;=20
4. co-ordinate and make technical recommendations = on the=20 self-assessment of members, disseminate self- = assessment=20 questionnaires, and collate and analyse the = responses=20 thereto;=20
5. identify training and technical assistance = needs of=20 Member countries and facilitate the provision = thereof;=20
6. act as liaison between the ESAAMLG and third = countries=20 and organisations involved in countering money = laundering=20 and related matters;=20
7. monitor anti-money laundering development and = an=20 authorisation by the Chairman, participate in = activities=20 not included in the work programme;=20
8. receive application on behalf of the chair;=20
9. receive notice of intation to withdraw and = notify=20 members accordingly; and discharge any other = responsiblity=20 assigned by the Task Force or the ouncil. =
The Secretariat will submit to the Task Force :=20
1. the Annual report;=20
2. the Financial Reports;=20
3. the Work Programme for the following year;=20
4. the budget for the following year.=20

XIII - National=20 Commitees

Member countries will, in = accordance with=20 applicable domestic law, establish standing Anti-Money = Laundering Commitees or similar entities, comprising = senior=20 representative of relevant disciplines: Legal and = Judicial,=20 Financial , and Law Enforcement.

XIV - Self=20 Assessment

Member agree to participate in = an=20 ongoing Self Assessment Programme co-ordnataedby the=20 Secretariat.

XV - Mutual=20 Evaluation

Members sgree to participate in = a=20 programme of mutual evaluation conducted in accordance = with=20 mutual evaluation procedures approved by the=20 council.

XVI - Language and Authentic=20 Text

The official language of the ESAAMLG = will be=20 English.

XVII - The financial year will be = from the=20 first of July to th 30th day of June. XVIII- = Financial=20 Reports=20

The External Accountant will submit to the Task = Force=20 financial statements comprising a balance sheet, = income and=20 expenditure, cash flow and source and application of = funds=20 by 31st July each year.=20
The External Auditor will carry out an annul = audit of=20 the books and accounts of the ESAAMLG, and prepare = and=20 submit a report to the council within 3 minths of = the end of=20 the financial year.

XIX -Amendment of = this=20 Memorandum

This Memorandum may be amended = by=20 consensus of the member countries.

XX- Entry = into=20 Effect

This Memorandum will enter int force when seven = member=20 countries have signed and advised the President that = their=20 constitutional requirements have been satisfied.=20
For any country which signs subsequently it will = take=20 effect on the date on which that country notifies = the=20 president that its constitutional requirement have = been=20 satisfied.

XXI - = Withdrawal

A=20 withdrawal by a member or a Co-operating and = Supporting Nation=20 or an an observer will take effect three months = receipt by the=20 Secretariat of written notice of intation to=20 withdraw.

DONE AT ARUSHA, TANZANIA on = the27th=20 day of August, 1999 in Fourteen originals all in = English=20 Language. Each State shall retain the one=20 original.

IN THE FAITH WHEREOF the = undersigned=20 have placed their signature at the end of th is=20 MOU.

THE GOVERNMENT OF THE REPUBLIC OF = BOTSWANA, THE=20 GOVERNMENT OF THE REPUBLIC OF KENYA, THE GOVERNMENT OF = THE=20 REPUBLIC OF MALAWI, THE GOVERNMENT OF THE REPUBLIC OF=20 MAURITIUS, THE GOVERNMENT OF THE REPUBLIC OF = MOZAMBIQUIE, THE=20 GOVERNMENT OF THE REPUBLIC OF NAMIBIA, THE GOVERNMENT = OF THE=20 KINGDOM OF SWAZILAND, THE GOVERNMENT OF THE REPUBLIC = OF=20 SELCHELLES, THE GOVDERNMENT OF THE UNITED REPUBLIC OF=20 TANZANIA, THE GOVERNMENT OF THE REPUBLIC OF UGANDA, = THE=20 GOVERNMENT OF THE REPUBLIC OF ZAMBIA andTHE GOVERNMENT = OF THE=20 REPUBLIC OF ZIMBABWE.