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Banking Regulations and Laws in Uganda
1. Financial Intelligence Authority (FIA)
The Financial Intelligence Authority (FIA) plays a crucial role in enhancing the identification of proceeds of crime and combating money laundering in Uganda. Key responsibilities include:
- Enhancing the identification of proceeds of crime
- Combating money laundering
- Exercising supervisory powers over banks to prevent money laundering and counter-terrorism financing
2. Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT) Requirements
Banks in Uganda must adhere to strict AML/CFT requirements, which include:
- Registration with the FIA: Banks must register with the FIA as accountable persons.
- Customer Identification: Customer identification involves verifying true names, address, employment, and occupation at onboarding, with continuous identity verification throughout the relationship.
- Risk Assessment Measures: Risk assessment measures are implemented to detect and monitor money laundering and terrorism financing.
3. Deposit Protection Fund
The Financial Institutions Act establishes a deposit protection fund for customers of licensed financial institutions in Uganda. The fund is managed by the Deposit Protection Fund Board, which:
- Receives contributions from financial institutions
- Pays out up to UGX10 million (approximately USD2,643.04) per customer in case of a bank’s closure
4. Bank Secrecy
Confidentiality is a fundamental aspect of the banker-customer relationship under Ugandan law. Banks owe customers a duty of confidentiality, which may be overridden in four instances:
- Compulsion of Law: When required by law to disclose information.
- Public Interest: When disclosure serves the public interest.
- Bank Interests: When disclosure is necessary for the bank’s interests.
- Disclosure of Fraud: When disclosure is necessary to prevent or detect fraud.