TERRORIST FINANCE: SENEGAL'S RESPONSE TO USG CONCERN OVER

UNCLAS SECTION 01 OF 03 DAKAR 000457

SIPDIS

SIPDIS
SENSITIVE

STATE FOR EB/ESC/TFS - KLEAHY AND LCANNON
STATE ALSO FOR S/CT - PHILL, GALER AND NOVIS
STATE ALSO FOR AF/RSA, AF/EPS AND AF/W
TREASURY FOR OTA AND FINCEN
PRETORIA FOR TREASURY ATTACHE
PARIS FOR ICE RJOLLES

E.O. 12958: N/A
TAGS: EFIN ETTC KTFN PTER ECON EAID SG
SUBJECT: TERRORIST FINANCE: SENEGAL'S RESPONSE TO USG CONCERN OVER
ILLICIT CASH COURIERS

REF: A. STATE 016120

B. DAKAR 0309 (NOTAL)

DAKAR 00000457 001.2 OF 003



1. (SBU) SUMMARY: Per Ref A request, Econ Counselor met separately
with Senegal's Financial Intelligence Unit (CENTIF),Senegal's
Department of Customs, and ECOWAS' Inter-Governmental Action Group
Against Money Laundering in West Africa (GIABA),to exchange views
on the capacity and willingness of Senegalese authorities to address
terrorist financing concerns and cash couriers. Each of these
organizations has a clear understanding of the risk posed by cash
couriers and is implementing certain measures to better detect,
report, and monitor such activity. There was also a general
agreement on the need for better interagency cooperation in Senegal
and regionally. There was unanimity among the agencies on the
benefit of reinforcing bilateral cooperation with the U.S. Customs,
OTA, and FBI experts to enhance anti-money laundering and
counter-terrorist financing efforts. END SUMMARY.

THE CENTIF
--------------

2. (SBU) In a February 20 meeting, NGouda Fall Kane, President of
Senegal's Financial Intelligence Unit (CENTIF),told Econ Counselor
that his organization is actively pursuing money laundering cases
and is well attuned to the risks of bulk cash transactions for
terrorist financing. He noted that Senegal's AML Law gives the
authority to Customs to control licit and illicit cash couriers, and
to report and seize fraudulent transactions. According to Kane, in
general Senegalese Customs officers are well trained and equipped to
monitor and interdict illicit cash couriers. While overall
cooperation between the two agencies is good, Customs could do a
better job of quickly alerting the CENTIF to suspicious cases.


3. (SBU) West Africa Economic and Monetary Union (WAEMU/UEMOA)
regulations require that any transit or transfer of currency greater
than CFAF one million (USD 2,000) be declared to customs and
reported to the CENTIF. To date, the CENTIF has received 78
suspicious declarations and has referred nine cases (three in 2005
and six in 2006) to the Prosecutor General. All but two of the
declarations have been made by banks. The other three came from
Senegalese Customs. Of the referrals, one is suspected of
involvement in drug trafficking, one of diamond trafficking, one
relates to tax fraud, and three are corruption-related. No cases
have concluded, although one arrest has been made.


4. (SBU) The CENTIF is currently very concerned about the growth of
the informal cash couriers network in and through Senegal which,
according to Kane, represent at least CFAF 500 billion (USD 1
billion) per year. Kane said that the growing presence of Hawala,
Dakar's booming residential construction scene, and the increasing
number of used, imported vehicles could be part of money laundering
and illicit cash courier networks in Senegal. In March, the CENTIF
hopes to begin a study of the scope of bulk cash (and other bearer
instruments). Kane said that he would welcome any support from
donors to in this effort.


5. (SBU) The CENTIF has established cooperative agreements with
Belgium, France, Lebanon, Nigeria, Russia, Interpol, and the
Senegalese "Inspection Generale de la Justice" to share intelligence
and perform investigations. Kane called for the embassy's support
to enhance cooperation with FINCEN, the FBI, and the U.S.
Immigration and Border Protection Service to monitor the financial
flow into Senegal from Senegalese expatriates living in the U.S.


6. (SBU) He applauded Senegal's new counterterrorism law, approved
on January 31, 2007, that includes enhanced authority to combat
terrorist financing and authorizes the Ministry of Finance to
monitor and control of NGO funds entering and leaving the country.
With this law in place, the CENTIF's proposed membership to the
EGMONT group will likely move forward, with sponsorship by France,
according to Kane.


7. (U) The regional central bank (Banque Centrale des Etats de
l'Afrique de l'Ouest - BCEAO) has already finalized a "Directive
against Terrorist Financing" to be presented to the WAEMU Council of
Ministers in March 2007. Once, adopted, the member states would be
directed to enact a law against terrorist financing, which most

DAKAR 00000457 002.2 OF 003


likely would be presented as a Uniform Law in the same manner as the
2005 WAEMU AML law. Because, like the AML law, the terrorist
financing legislation would include criminal penalties each WAEMU
nation must enact enabling legislation to adopt the law. This
follow-on step should not be difficult in Senegal's case, Kane
stated.


8. (U) As reported in Ref B, Kane highlighted the CENTIF's plans to
host programs for local travel agencies and other non-financial
institutions to raise awareness on the cash courier issues and
regulations. Kane added that he would welcome any support from the
U.S. Customs or OTA to bring in a U.S. expert for a day workshop on
financial investigations regarding cash smuggling and money
laundering/terrorism financing.

SENEGAL CUSTOM'S SERVICE
--------------

9. (SBU) On February 22, Colonel Mouhamadou Moustapha Diagne,
Director of Intelligence and Fraud for Senegal's Department of
Customs, explained that the majority of Customs agents understand
the requirements for declarations on cash entering and leaving the
country. According to Diagne, in general, Senegal's Customs Service
is well equipped to adequately address the cash couriers, by
investigating, detecting, restraining, confiscating the suspect
physical cross-border movement of funds. At Dakar's Leopold Sedar
Senghor International Airport, Customs use a sophisticated X-ray
machine to detect concealed cash. At the same time, Diagne
recognizes cash couriers are a significant risk and that the Service
needs to improve its detection and investigations capabilities and
enhance its role domestically, regionally and multilaterally.
According to Diagne, Customs personnel are reporting all seizure of
money, gold and other bearer instrument to the CENTIF (while
admittedly not providing every suspect declaration in a timely
manner).


10. (SBU) Diagne added that Senegal is ready to implement FATF
special recommendations, and that in the near future Customs is
planning to establish a new financial investigation unit -- and
would highly appreciate any training from U.S. Customs and Border
Protection Department (CBP) on cash smuggling detection as well as
training on financial investigation methods.


11. (U) NOTE: Senegal Custom's service, part of the Ministry of
Finance, has established cooperative training agreement with the
CBP, which has provided border enforcement trainings for air and
maritime environments in September 2006 and January 2007,
respectively. CBP is planning to organize the third training on
targeting and risk management in late April. END NOTE.

GIABA
--------------

12. (SBU) The Governmental Action Group Against Money Laundering in
West Africa (GIABA) is the FATF-style regional body for the
15-member Economic Community of Western African States (ECOWAS). On
February 13, Doctor Abdullahi Y. Shehu and Doctor NDeye Elisabeth
NDiaye, respectively GIABA's Administrative Secretary and Deputy
Administrative Secretary said that the region needs to significantly
enhance the detection and reporting of cash couriers. Shehu
highlighted GIABA's role as an FSRB to create a typology program on
cash transfers and couriers. He explained that ECOWAS countries are
required to submit regular reports on cash courier activities to
GIABA. In addition, Shehu noted that in December, GIABA hosted an
initial meeting for member states to begin a work plan on this
topic, including systematic data collection and the presentation of
case studies. Shehu hopes to begin this program at an April
workshop in 2007, and consolidate it during the June ECOWAS Plenary.
(NOTE: Shehu said he would welcome the participation of U.S.
Treasury and/or other U.S. Agencies at the April workshop, adding
that he would send a formal invitation "soon." END NOTE.)


13. (SBU) The establishment of working Financial Intelligence Units
(FIU) within ECOWAS was a very positive trend, according to Shehu.
In addition to Senegal's CENTIF, Shehu said that Nigeria and Niger
had operational FIUs, and were receiving significant assistance from
the European Union and the U.N. Office of Drugs and Crime (UNODC),
respectfully. He added that Sierra Leone, Liberia, Cape Verde, The

DAKAR 00000457 003.2 OF 003


Gambia, Guinea Bissau, and Cote d'Ivoire are all making progress on
standing-up FIUs (although he had not yet met with the officials in
Bissau or Abidjan). According to Shehu, Ghana is the furthest
behind, and has not yet taken even preliminary steps for the
creation of an FIU or for enacting the ECOWAS AML law.


14. (SBU) Regarding implementing systems targeting illicit cash
leaving as well as entering a jurisdiction, Shehu thought that
Senegal, Nigeria, and Cote d'Ivoire had declaration requirements for
money both entering and leaving their borders. (NOTE: This is true
for Senegal, but Embassy has not confirmed the reporting
requirements for other countries. END NOTE.) Shehu also expressed
an interest in working with the OTA experts on training programs to
assist customs and law enforcement organizations in detecting cash
smuggling. He also envisioned a possible FBI role in assisting
member states with intelligence sharing.


15. (SBU) Mrs. Diaw, who has a strong background in financial law,
highlighted the problem of "open borders" for the eight West African
Economic and Monetary Union (WAEMU) countries (Benin, Burkina Faso,
Cote d'Ivoire, Guinea Bissau, Mali, Niger, Senegal and Togo),and
also the threat posed by terrorist groups to use NGOs for
fundraising and money laundering. She is the main author of the
draft "Legal Framework on the Combat against the Financing of
Terrorism in the ECOWAS Member States," which was presented at a
November 21-23 conference in Niamey. The draft framework includes
monitoring and reporting requirements for cash couriers and for
NGOs, and is designed to strengthen the existing GIABA AML
framework. UNODC experts are providing technical assistance to
review the draft. Mrs. Diaw is guardedly optimistic that the final
draft framework will be adapted during the planned ECOWAS plenary in
June.


16. (SBU) NOTE: Over much of 2005-2006 a U.S. Treasury advisor
consulted with GIABA and currently, GIABA and Treasury are
negotiating Terms of Reference for the possible return to Dakar of
another advisor to work closely with GIABA. Shehu was guardedly
optimistic that an agreement on the TOR could be reached soon and
that the final agreement reviewed and approved during the ECOWAS
summit in June 2007. END NOTE.


17. (SBU) BIOGRAPHIC NOTE: Ndeye Elisabeth Diaw is a BCEAO
official seconded to GIABA. She holds a Doctor of Law degree; she
served at the BCEAO Headquarters in Dakar as the Director of
International Division, and later as the Director of Legal
Department and Senior Advisor to the Governor in charge of Money
Laundering and Terrorism Financing.

COMMENT
--------------

18. (SBU) Any discussion of financial regulation and enforcement in
West Africa is incomplete with consideration of the impact of
corruption. Anecdotal reports of corruption among officials at air
and sea ports are widespread. Cash transactions are more the norm
than the exception, in large part due to the lack of confidence in
and accessibility to commercial banks. Distinguishing money
laundering or terrorist financing from culturally accepted business
practices will remain difficult, and likely, prone to political
influence.


19. (U) Visit Embassy Dakar's classified website at
http://www.state.sgov/gov/p/af/dakar/.

Jacobs