Dispute Resolution, Insights

Dirty Money, Clean Hands: Navigating AML/CFT Regulations for Nigerian Lawyers

INTRODUCTION

The plague and scourge of illicit financial transactions have, over time, caused significant damage to the world at various points in history. Particularly concerning are financial and drug crimes, terrorist activities, and the proliferation of weapons of mass destruction. The nature of this issue is such that the global community has agreed that measures should be taken to curb money laundering, which is chief among other financial irregularities.

Accordingly, various Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) regulatory frameworks have been developed by organisations such as the Financial Action Task Force, the European Union, the International Monetary Fund, the World Bank, and the United Nations.

Originally, the mandate to implement AML/CFT frameworks was directed at the financial sector; however, as AML/CFT risks evolved, it has become essential to include businesses such as insurance and real estate, which present associated AML/CFT risks. Recently, the legal industry was included as part of the businesses whose practices carry some level of AML/CFT risks. Although still in its early stages, as reflected in its incorporation in Chapter 2 of the Rules of Professional Conduct for Legal Practitioners 2023, this development has not been widely received by the Nigerian Bar for various reasons.

The aim of this article is to provide insights and elucidate the AML/CFT requirements for Nigerian Law firms and lawyers.

Conceptual clarifications

Before exploring the main topic of this article, it is essential to note that there is no definitive record of the first law firms worldwide adopting AML/CFT procedures. However, firms in countries with early strong regulatory frameworks, such as the United States following the Bank Secrecy Act of 1970 and Australia after its 2006 Anti-Money Laundering and Counter-Terrorism Financing Act, were among the first to be legally mandated to implement these procedures. These firms adopted such processes to ensure compliance with laws, avoid penalties, safeguard their reputation, and prevent their services from being used for illicit activities, such as money laundering and terrorist financing.

 

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Harrison Ogalagu

Partner

Oludayo Ayeni

Senior Associate

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