PRESENTATION OF NATIONAL AGENCY FOR FINANCIAL INVESTIGATION

The Cameroonian mechanism for combating money laundering and terrorism financing places the National Agency for Financial Investigation, abbreviated NAFI, at the centre of a process of which are found upstream its partners which are liable professional groups (reporting entities) and downstream, judicial authorities.

The National Agency for Financial Investigation is Cameroon’s Financial Intelligence Unit (FIU).

It was established by Presidential Decree No. 2005/187 of 31 May 2005 laying down its organisation and functioning.

This Decree was issued in implementation of the provisions of Regulation No. 01/03- CEMAC-UMAC-CM of 4 April 2003 on the prevention and combating of money laundering and terrorism financing in Central Africa.

The 2005 Decree defines NAFI as: “a public service Financial Intelligence Unit under the Ministry of Finance with financial autonomy and decision-making power on matters of its jurisdiction”.

NAFI is composed of 4 (four) members, support services and correspondents.

The members are civil servants seconded from the Ministries of Finance and Justice, the Customs Administration and the Police.

NAFI Director is an official from the Ministry of Finance, appointed on 1st August 2005, by Decree of the Prime Minister, Head of Government.

On 3 August 2005, an Order by the Minister of Finance appointed the other members through their administrations of origin.

The organisation of services was laid down on 28 December 2006 by an Order of the Minister of Finance.

These services are responsible for ensuring the administrative and operational functioning of NAFI.

They comprise operational units and administrative services.

The operational units comprise:

•     The Legal Affairs Unit;

•     The Financial Investigation and Administrative Units;

•     The Judicial Enquiry and Research Unit.

The administrative services are two in number, namely:

◊     The General Administration Service;

◊     The IT and Cooperation Service.

NAFI staff is thus composed of a multidisciplinary team of about twenty executive officers trained in various fields and specialties.

Finally, NAFI has correspondents in 11 (eleven) administrations whose support is deemed necessary for the effective accomplishment of its missions.

NAFI staff and correspondents are bound by professional secrecy for information to which they are privy in the performance of their duties and even after the end of such duties within NAFI.

NAFI members and correspondents shall take the oath, as soon as they are appointed and before assuming their duties, before the Appeal Court of the Centre in a public hearing, to perform their duties with loyalty.

The other NAFI staff, are subject to the obligation of reserve and professional discretion in compliance with the Public Service General Rules and Regulations. They shall sign upon their assumption of duty at NAFI, an engagement act to keep confidential all information they obtained in the performance of their duties and even after the end of such duties within NAFI.

Generally, NAFI is bound by professional secrecy for information received from persons liable through suspicious transaction reports (STRs). The report shall not feature in the case file when the matter is referred to the judicial authorities.

On the other hand, NAFI enjoys the right to communication of information and documents from any public and private authority, any natural or legal person and liable professional groups, pursuant to Article 5 of the CEMAC Regulation and Article 13 of the 2005 Decree.

Finally, NAFI has the power to object to the execution of transactions. The reporting entity is informed of this objection by facsimile or through any means with written trace by NAFI Director, within 48 hours.

At the end of that period, NAFI Director may refer the matter urgently to the competent judge for the purpose of deferring or ordering the temporal freezing of funds, blocking of accounts or securities mentioned in the report for an additional period which shall not exceed 8 days.