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Sudan Takes a Tough Stance on Anti-Money Laundering and Terrorist Financing

Khartoum - Sudan has taken a robust stance against money laundering and terrorist financing by putting in place legislation that criminalizes these activities.

The AML CTF Act

The Anti-Money Laundering and Combatting of Terrorism Financing (AML CTF) Act, promulgated in 2014, makes it a crime to engage in money laundering and/or terrorist financing. The act applies to natural and legal persons active in the financial sector, including:

  • Banks
  • Insurance companies
  • Capital markets
  • Real estate
  • Minerals
  • Lawyers
  • Accountants

Penalties for Non-Compliance

Anyone found guilty of money laundering or terrorist financing can face imprisonment for 5-10 years and a fine equal to double the amount of illegal money or proceeds.

Definition of Money Laundering and Terrorist Financing

The legislation defines money laundering as:

  • Knowingly or having reasons to believe that any money is the proceeds of crime
  • Intentionally transferring, transporting, exchanging, acquiring, owning, possessing, or utilizing such money with the intention to conceal or whiten its criminal origin

Terrorist financing is defined as providing or raising money of legal or illegal origin with the intention of using it for committing a terrorist act.

Establishing a Violation

To establish a violation, specific intent, knowledge, and constructive knowledge are required, which vary depending on the type of activity in issue. The legislation also has no extra-territorial reach, meaning it only applies within Sudan’s territorial boundaries.

Compliance Obligations

Businesses and individuals operating in particular sectors or undertaking certain activities have additional anti-money laundering and counter-terrorism financing regulations to comply with. These include:

  • Registration and reporting obligations
  • Requirements for banks and other financial institutions to adopt and implement protective rules and procedures relating to:
    • Identification documents
    • Know-your-customer protocols
    • Record-keeping

Consequences of Non-Compliance

Failure to comply with these obligations can result in fines and even imprisonment for members of the board of directors.

Enforcement Agencies

The Financial Information Unit (FIU) has been established to:

  • Receive complaints
  • Order discovery
  • Lodge complaints against offending businesses or individuals

The National Committee for Combating Money Laundering and Financing of Terrorism operates under the auspices of the President of Sudan and is responsible for:

  • Strategies
  • Planning
  • Perfection
  • Optimum operation of the AML CTF regime

Contact Information

For more information or to report suspicious activities, contact:

  • Undersecretary, Ministry of Justice: +249 183 764 168
  • Email: moj@mojj.gov.sd

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