The Assembly of the Republic this Thursday (10-08) voted in favour, in general and by consensus, on the revised Law on Prevention and Combat of Money Laundering and Financing of Terrorism.The revision aims to adapt and accommodate the recommendations of the Post-Observation Period Report by the International Co-operation Review Group (ICRG) of the Financial Action Task Force (FATF), and conform Mozambican legislation on the regime for preventing and combating money laundering, financing of terrorism, and financing of the proliferation of weapons of mass destruction.
Natural
and legal persons, legal persons without legal personality, non-profit
organisations, financial institutions and non-financial entities with
headquarters in the national territory are now obliged to adopt measures to
prevent and combat money laundering. The measures will now also cover
non-financial entities, natural and legal persons engaged in real estate
brokerage and the purchase and resale ofproperties, as well as construction
entities that directly sell properties. Lawyers and all those who exercise
functions of legal sponsorship and legal assistance, notaries, conservatory
officials, accountants and independent auditors, when involved in transactions
in the interest of their users or in other circumstances, are also covered. Service
providers to trust funds and companies now also become non-financial entities
obliged to adopt measures to prevent and combat money laundering.
Non-profit
organisations, including non-governmental organisations and churches, must now
keep records of operations relating to donations and other contributions from
national and international entities for a minimum period of five years. According
to the amendments voted for favourably in parliament, such records must be
sufficiently detailed to allow verification that the funds received by these
entities were used in accordance with the purpose of the organisation, which
must make these records available to the competent authorities when requested. Another
innovation of the law in question is that donations or other financial
contributions to non-profit organisations must be made through bank transfer to
an account opened in the name of the organisation or by cheque, with the
necessary exceptions in the terms to be regulated.