Money Laundering and Terrorism Financing (Combating) Provisional Order 2009, English text on the CBOS site

1. The Governor shall issue a decision constituting the Unit, it shall be appropriate number .

2. The decision shall specify the way of management of the Unit and work system. **Secrecy of Information** Employees of the Unit shall abide by non-disclosure of the secrecy of such information, as they come to know, by the occasion of the business of their post; and such obligation shall continue up to after leaving work at the Unit . Such information shall not be disclosed, save for the purposes set forth in this Act. Such obligation in sub-section (1) shall bind whoever peruses by virtue of his profession, post or work, directly, or indirectly such information. Without prejudice to the provisions of section 6(1)(d), concerning the obligations of advocates, the Unit shall require, from any Financial, or Non-financial Institution, any information, as may be useful to carry out its post, or upon a request it receives from a foreign financial inquiry unit; and the Financial and Non-financial Institutions shall supply the Unit with such information and documents, within such period and manner , as the unit may specify; in exceptional cases, during examining the cases of suspicion, may require from the following bodies, additional information , whenever it deems them useful for carrying out its post, or upon a request it receives from a financial inquiry unit: 1. the law enforcement bodies; 2. the Control and Supervision Bodies; 3. any other administrative bodies. **Notification of control and Supervision bodies** The Unit may notify the Control and Supervision Bodies, of any suspicion of contravention of the provisions of this Act, as may occur from the side of the Financial and Non-financial Institutions, which are subject to its control, or supervision power . **Temporary Suspension of Suspected Transaction** The Unit, in exceptional cases, during examining the cases of suspicion, it has received, may order suspension of the transaction, subject of suspicion temporarily, for a period not exceeding five days ; and the Unit, during such period shall transfer the notification to the Prosecution Attorneys Bureau, forthwith the availability of evidence of occurrence of an offence.

1. The Unit, upon requirement, and upon the establishment of evidence of occurrence of an offence, may request the Prosecutor General, to issue a temporary order to attach the Money, subject of suspicion; and the Prosecutor General, whenever he deems the request serious, may temporarily attach the Money, for a period, not exceeding two weeks; and he shall submit the matter to the competent Appellate Court, before the end of the period.

2. The Minister of Justice, of his own motion, or upon request of the Unit, may order revocation of the order of the Prosecutor General for attachment, whenever the necessity, which required its issue, or the elements of suspicion are negated.

3. The competent Appellate Court , after hearing the statements of those concerned, may order extension of the order of the Prosecutor General for attachment, for periods, which do not, in their total, exceed two months, or order its revocation, and the Court shall determine this matter urgently .

4. Those concerned may present their grievance against such order to the competent Appellate Court, within three days, of the date of their being notified of the order. **Receipt of Notification** The Unit shall inform the notified Institution of the receipt thereby of the notification, as to such safeguards, as the regulations may set forth. **Publication of Reports** The Unit shall abide by publication of periodical reports on the activities thereof, containing statistical data, and analytical studies, in the field of combating Money Laundering and Terrorism Financing. **Information Exchange** The Unit ,of its own motion, or upon request of the counterpart units, in other countries, may exchange therewith information, whenever the same are bound by the rules of secrecy; and on condition of reciprocity . Such information shall not be used, save in the purposes, relating to combating Money Laundering, and Terrorism Financing. [**Chapter V**](#) **The Administrative Committee Establishment, seat and supervision of the Administrative Committee** There shall be established a committee, to be known as the, "Administrative Committee for Combating the Offences of Money Laundering and Terrorism Financing", and shall have corporate personality, and be constituted as follows: 1. the Prosecutor General of the Republic of the Sudan, Chairperson ; 2. deputy Governor, at the Central Bank, deputizing Chairperson;

3. Under-Secretary of the Ministry of Finance and National Economy, Member;

4. Under-Secretary of the Ministry of External Trade, Member;

5. Under-Secretary of the Ministry of Foreign Relations, Member; 6. under-secretary of the Ministry of Investment;

7. Director of the Criminal General Administration (Investigation) Member;

8. Director of the Administration of International and Regional Police (Interpol), Member;

9. Director of the General Administration of Customs Police;

10. Secretary General of the Taxation Chambers, Member;

11. Director General of Banking Control, Member;

12. Director of the Administration of Commercial and Investment Security ( at the Commercial Security Circuit), Member;

13. Director General of the information National Centre, Member;

14. Director of the Financial Inquires Unit, Member . The quarters of the Committee shall be in the Khartoum State. The Committee shall be subject to supervision of the Minister. **Functions and powers of the Committee** The Committee shall be the higher administrative authority for combating Money Laundering, and shall have competence to lay down the general policy and plans and programmes for combating Money Laundering and Terrorism Financing. Without prejudice, to the generality of the foregoing, the Committee shall have the following functions and powers, to: 1. plan for combating of the offences of Money Laundering and Terrorism Financing, and make the guidance rules for administrative inquiry, examinations and pursuing, in co-ordination with the competent bodies; 2. follow-up and study the world and regional developments, in the field of Money Laundering and Financing Terrorism, and participate in the symposiums and conferences and international forums, having connection; 3. facilitate exchange of information with similar authorities, and co-ordinate between the bodies, represented in the Committee ; 4. lay down the programmes for qualifying and training of cadres operating in the field of combating the offences of Money Laundering and Terrorism Financing; 5. lay down the annual general budget, and submit the same to the Minister, for approval thereof. 6. any other functions, as may be necessary for performing its business. The Committee may delegate any of the powers thereof to its Chairperson, or any member thereof, or the Unit, as to such conditions, as it may deem fit. **Oath of the Committee** The Chairperson and members of the Committee shall, before receiving the tasks of work thereof, take the oath annexed thereto, before the Minister : **Immunity** No legal proceedings shall be taken against the Chairperson of the Committee, any member thereof or any of its employees, for any matter, which relates to the field of his work, save after taking the necessary permission from the Minister. [**Chapter VI**](#) **Financial Provisions Financial resources of the Committee** The Committee shall have the following financial resources: 1. such appropriations, as the State may allocate thereto; 2. gifts and donations accepted by the Committee; 3. any other financial resources. **Use of the resources of the Committee** The resources of the Committee shall be used to run its business and execute the functions thereof, in accordance with the provisions of this Act. **Budget of the Committee** The Committee shall have an independent budget, to be prepared in accordance with the sound accountancy bases laid down by the state from time to time Ministry of Finance and National Economy and the Committee shall submit such budget to the Council of Ministers through the Minister before the end of each financial year before sufficient time.. **Keeping of Accounts Deposit of momy**

1. The Committee shall keep accurate and comprehensive accounts, in accordance with sound accountancy bases; and keep the books and registers, relating thereto.

2. The Committee shall keep its funds with the Central Bank, or any other bank, in current accounts, or investment deposits; provided that dealing in such accounts, and withdrawal therefrom shall be as to such manner, as the Committee may specify. **Audit** Accounts of the Committee shall be audited by the General Audit Chambers, or any other certified auditor, as the Auditor General may approve, and under his supervision after the end of each financial statement of final account and National audit Chambers. **Statement of final account and Audit Chambers report** The Audit shall submit, to the Minister, within three Months, of the end of the financial year, the following reports: 1. statement of the final account; 2. report of the General Audit Chambers; 3. a report showing the progress of the Committee work. The statements and reports, referred thereto in sub-section (1), shall be discussed in a meeting, presided by the Minister, and presence of the Auditor General and Chairperson of the Committee, or whoever may represent them, for passing and approval thereof. [**Chapter VII**](#) **General Provisions Employees of the Committee** The Chairperson, members and employees of the Committee shall be deemed public servants, for the purposes of the Criminal Act. **Competent Court** The General Criminal Court shall have jurisdiction to consider the offences of Money Laundering, or Terrorism Financing . **Annulment of legal disposal** There Annulling of legal disposal disposal made of any money, or property, for the aim of avoiding the procedure of legal confiscation , or attachment; and in such case, there shall not be restituted, to the bona fide person, to whom the disposal is made, save the amount he has actually paid. **Offences of Money Laundering and terrorism financing**

1. There shall be deemed to commit the offence of money laundering any person whose conduct entails acquiring proceeds, possession, disposal of, use, transfer, administer, keep, exchange, deposit or investment by cheating its value, movement, or lead to conceal , camouflage its source, real nature, place, way of disposal, ownership, rights relating thereto whether the offence occurred from which proceeds resulted inside or outside the Sudan on condition that it is punishable in the Sudanese law and the law of the country in which the offence committed.

2. There shall be deemed to commit the offence of terrorism financing whoever perform collection or providing money directly or indirectly for the purpose of commission of terrorist act or uses terrorist organization or a terrorist . Terrorist act means each act incriminated in terrorism combating Act 2001 or any law replacing it or any act of terrorist nature incriminated by international agreement to which Sudan is a party .

3. There shall be deemed to commit the offences provided for in this chapter, whoever attempts or criminally agree or participate, abet, or assist the commission of any of the same shall be punished with the prescribed punishment for the principal wrongder. **Penalties**

1. Without affecting any severer penalty, provided for in any other law, there shall, upon conviction, be punished whoever contravenes the provisions of this Act, as follows: 1. ***the natural person:*** imprisonment, for a term, not exceeding ten years, and fine, not exceeding double the money, subject of the offence; 2. ***the corporate person:*** fine, not exceeding double the proceeds; and the natural person , who commits the offence in the name of, or for the interest of the corporate person, shall be punished with the penalty of imprisonment and fine provided therefor in paragraph (a) ; likewise the Court may sentence the corporate person to dissolution of the corporate person and suspension its activity, totally, or partially, or change of the administration.

2. In addition to the penalties, provided therefor in sub-section (1), there shall be confiscated the proceeds of the offence, and the instruments used for commission thereof, or prepared therefor. Where it is not possible to seize the proceeds, the Court may order confiscation of other money, equal thereto in value. **Disposal of confiscated money**

1. The money confiscated under section 34(2) hereof, shall be deposited in a special fund, which the Committee shall establish and supervise it . Such money shall be used in the following: 1. combating the offences of Money Laundering, and otherwise of economic offences; 2. payment of incentives, to the persons, or organs, which clearly contribute to information and detection of the offence of Money Laundering, or Terrorism Financing, subject of the confiscation; and the Committee may prescribe the matter, type and amount of such incentives; 3. combating and treatment of incurable diseases; 4. any other uses, as the Committee may deem fit, upon necessity.

2. The Committee shall keep a special account for the confiscated money, and deposit in the fund, and the amounts, which are withdrawn, for the purposes of use, provided therefor in sub-section (1), hereof. **Declaration of Currency**

1. Every person, upon entry of the country, or departure therefrom shall declare , to the Customs authorities, what he carries, in accordance with the regulations and circulars, of money , or any financial instrument for its bearer, whether in the national , or foreign currency, or metals and valuable gems.

2. The declaration shall be in a in form, including the value of the funds referred thereto, and data of identity of the passenger, and any other data, as the Financial Inquiries Unit may specify; provided that the declaration forms shall be available, at specific and conspicuous places at travel and arrival halls, at the various exits; or distributed among those, who arrive and depart; and the Customs authorities of the judicial detection officers.

3. In case of non-discharge of the duty to declare, or presenting false data with respect thereto, or the establishment of evidence of the commission of the offence of Money Laundering, or Terrorism Financing, may question the contravener about the source of what is in his possession, and the purposes of use thereof; and they, in such cases, may attach the property , subject of declaration, for a period, not exceeding one week, pending verifying the establishment of evidence of commission of the offence of Money Laundering, or Terrorism Financing.

4. Customs authorities shall refer the matter to the competent Prosecution Attorneys Bureau, whenever there is present evidence of commission of an offence.

5. The Customs Police shall be the competent Customs authority, to receive the declaration forms, at the entry and departure exits; and they shall appoint a chief laison officer, to represent them at the Unit, in the affairs of Money Laundering and Terrorism Financing; provided that he shall be of competence and experience in such affairs, and of a suitable level of post, to perform the tasks, entrusted thereto, and notify the Unit of the name of their representative, and of who replaces him, in case of his absence. **Power to make regulations** The Competent Minister , the Financial Inquires Unit and Control and Supervision Bodies, each in the field of his competence may make such regulations, as may be necessary for implementation of the provisions of this Act. Made, under my hand, on the …………………….., of ………………… , 2009, A.D., being the ………………………….., of ………….., 1430, A.H. **Field Marshal Omar Hassan Ahmed Al-Bashir President of the Republic** [**Schedule**](#) **See Section 28 Oath of the Committee** " I swear by Almighty Allah, his Holy book, to perform my the duties of the committee honesty, and keep secrecy of all what connected my work from information, documents and not disclose except to the competent authorities to make compromise between the required secrecy to preserve, the accounts and transactions of persons and the required transparency for combating offences of money laundering and terrorism financing , and Allah, is a witness to what I say".