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CBN Test Reveals Loopholes in Banks’ Anti-money Laundering System

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Godwin Emefiele CBN - Investors King
  • CBN Test Reveals Loopholes in Banks’ Anti-money Laundering System

Majority of the Deposit Money Banks in the country failed an anti-money laundering system examination conducted by the Central Bank of Nigeria, a report by the CBN has revealed.

According to the 2017 CBN Half-year Economic Report, the anti-money laundering systems in place in majority of the commercial banks fail to meet a number of compliance requirements specified by the apex bank.

It was learnt that many banks failed to conduct enhanced due diligence, a major compliance requirement, on some high-risk customers, while collation and reporting of foreign currency transactions and suspicious transactions were not fully automated in some banks.

The CBN report read in part, “The CBN conducted an anti-money laundering/combating terrorism financing compliance examination of 25 reporting banks. The examination was guided by the statutory provisions of the Money Laundering Prohibition Act, 2011 (as amended), the CBN’s AML/CFT Regulations, 2013 and recommendations of the Financial Action Task Force.

“The exercise revealed a number of shortcomings in the following areas: Customer due diligence: copies of identification documents such as international passports and national identification cards were not in some customer’s files, while enhanced due diligence was either not conducted or inadequately conducted on high-risk customers.

“The AML/CFT Reporting software: Collation and reporting of foreign currency transactions, currency transaction reports and suspicious transaction reports were not fully automated in some banks. Similarly, the AML/CFT software in some banks had not been subjected to independent testing to determine their efficacy, thereby exacerbating the risk of under reporting.’’

According to the report, the AML/CFT manuals/programmes in some banks do not highlight policies to address specific issues such as shell banks and evaluation of new technologies for the AML/CFT risks, among others.

“Regarding the audit of the AML/CFT function, there were instances of inadequate internal control oversight over the compliance function as recommended by the FATF and required by the CBN AML/CFT regulations,” the report added.

It added that the number of registered borrowers (individual and corporate) in the nation’s banking system had increased by 322 per cent to 824,387, from 195,159 customers previously.

This followed the redesigning of the credit risk management system database of the banking industry.

The report stated, “At end-June 2017, the number of registered borrowers in the CRMS database was 824,387, compared with 195,159 in the corresponding period of 2016. The significant rise was due to increased enforcement and the capture of all loans, regardless of amount, as against only loans of N1.0m and above. There were 755,076 individuals and 69,311 corporate borrowers at end-June 2017.

“Similarly, the number of borrowers with outstanding facilities rose significantly to 1,105,671 at end-June 2017, compared with 104,126 and 93,168 at end-December 2016 and end-June 2016, respectively.

“Following the issuance of stricter guidelines, improved compliance by banks and the capture of historical data on hitherto unreported credit, the total number of credit facilities on the database rose to 1,905,997, compared with 181,987 at end-December 2016 and 173,050 at end-June 2016, respectively. The number comprised 1,513,452 individual and 392,545 corporate borrowers.”

The report also revealed that the first of the bi-annual reviews of the foreign exchange activities of 25 banks (21 commercial and four merchant banks) was conducted in April 2017 to ascertain the level of compliance with extant foreign exchange laws and regulations.

The review covered foreign exchange operations for the period, October 1, 2016 to March 31, 2017.

According to the CBN, major infractions observed included non-compliance with regulations, such as the concessionary rates specifically provided for utilisation of funds sourced from the Secondary Market Intervention Sales foreign exchange window; and non-issuance of certificates of capital importation to beneficiaries within the allowable time of 24 hours post receipt of funds.

Others were non-repatriation of export proceeds within the regulated time frame; incorrect rendition of returns to the CBN; non-compliance with approved net foreign currency trading limit positions; and lapses in foreign trade documentation.

The CBN said the reports of the examinations were being finalised for appropriate actions in line with the extant laws and regulations.

It added that it conducted several ad hoc investigations in the review period. The reports of the exercise were provided as input to the policy development process.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Banking Sector

Unity Bank Marks Global Money Week, Engages Students on Financial Literacy

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Unity Bank

Unity Bank Plc has engaged students from all the geopolitical zones of the federation as it facilitated financial literacy training in 15 schools as part of activities to mark the 2024 Global Money Week.

The Financial Literacy Training was held as a strategy for driving financial inclusion of the Central Bank of Nigeria and Bankers Committee. Unity Bank’s Managing Director/Chief Executive Officer, Mrs. Tomi Somefun participated in the programme by facilitating training on financial literacy at NYSC Demonstration Secondary School, Calabar, Cross River State recently.

Mrs Somefun, who was represented by Unity Bank’s Chief Compliance Officer, Mrs. Patricia Ahunanya, provided the students with invaluable insights on the path to wealth creation, including imbibing savings habits, investing, and adopting money management skills early.

Her interaction with the students was aimed at instilling financial discipline and financial management skills for the attainment of financial independence and security while promoting a savings and investment culture. During the session, Mrs. Somefun acknowledged outstanding students and presented them with awards.

The Global Money Week (GMW) is an annual campaign dedicated to raising global awareness about the importance of promoting financial literacy among young people from an early age. The initiative focuses on equipping them with the knowledge, skills, attitudes, and behaviours essential for making informed financial decisions, leading to financial well-being. Each year, a minimum of 40,000 organizations participate in this endeavour, collectively impacting over 60 million children globally.

In Nigeria, the Central Bank of Nigeria, CBN, Banker’s Committee in collaboration with Junior Achievement Nigeria, coordinates the activities for Global Money Week, which sees the participation of financial institutions with nationwide coverage.

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Banking Sector

CBN Halts Opay, Palmpay, Others Onboarding Amid Forex Scandal

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Central Bank of Nigeria (CBN)

The Central Bank of Nigeria’s (CBN) has directed four leading fintech companies, OPay, Palmpay, Kuda Bank, and Moniepoint to halt the onboarding of new customers pending further investigation.

This directive, issued by the apex bank, comes in the wake of allegations linking these fintech giants to illicit foreign exchange transactions.

The move has sent ripples across Nigeria’s burgeoning fintech landscape, raising questions about regulatory oversight and the evolving dynamics of financial technology in the country.

Representatives from two of the affected companies confirmed the CBN’s order, shedding light on the gravity of the situation.

While acknowledging the allegations, they highlighted potential misdirection, emphasizing that the majority of implicated accounts are affiliated with commercial banks rather than fintech platforms.

“I can confirm that 90% of the accounts implicated in the illicit forex transactions are with commercial banks, and only 10% are with fintechs. Why then has the CBN not extended this directive to the commercial banks? We face a widespread issue here, and targeting fintechs seems like an unfair focus on the more vulnerable targets,” one source explained.

This revelation underscores a broader concern regarding regulatory asymmetry within Nigeria’s financial ecosystem.

Despite fintechs demonstrating robust Know Your Customer (KYC) practices, they find themselves under intense scrutiny while traditional banks seemingly evade similar directives.

The controversy deepened with recent revelations from the Economic and Financial Crimes Commission (EFCC), which secured a court order to freeze over 1,100 bank accounts allegedly involved in illegal foreign exchange transactions.

Justice Emeka Nwite’s decision, issued on an ex-parte motion, underscores the urgency to address financial malfeasance within the country.

However, scrutiny seems disproportionately directed towards fintechs, leaving industry insiders perplexed.

“In terms of KYC, the fintechs are doing better than the banks, but all eyes seem to be on the fintechs whenever the issue of KYC occurs,” a source revealed.

This regulatory imbalance raises critical questions about the evolving role of fintech in Nigeria’s financial landscape.

Despite their innovative solutions and customer-centric approach, fintechs face a regulatory framework that appears skewed against them, favoring traditional institutions.

As Nigeria strives to maintain financial integrity and stability, stakeholders must address these regulatory discrepancies to ensure a level playing field for all participants.

The outcome of this saga will not only shape the future of fintech regulation but also define Nigeria’s approach to combating financial crime in an increasingly digitized economy.

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Banking Sector

Zenith Bank Shareholders Approve Holdco Structure

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Zenith Bank EGM

Shareholders of Zenith Bank Plc unanimously approved the restructuring of the Bank to a holding company during a court-ordered Extraordinary General Meeting (EGM) held virtually from Zenith Heights, Zenith Bank Plc, Victoria Island, Lagos, on Friday, April 26, 2024.

In accordance with the Scheme of Arrangement dated March 28 2024, pursuant to Section 715 of the Companies and Allied Matters Act (CAMA), 2020 between the Bank and the holders of the fully paid ordinary shares of 50 Kobo each in the Bank, the shareholders voted to transfer 31,396,493,787 ordinary shares of 50 Kobo each held in the issued and paid-up share capital of Zenith Bank Plc to Zenith Bank Holding Company Plc (the HoldCo) in exchange for the allotment of 31,396,493,787 ordinary shares of 50 Kobo each in the share capital of the HoldCo in the same proportion to their shareholding in the Bank.

Similarly, the shareholders approved that each Existing GDR Holder receive, as consideration for each existing GDR held, one new HoldCo GDR.

The shareholders also approved that all of the shares held by the nominees of the Bank in Zenpay Limited, a direct subsidiary of the HoldCo, together with all rights and liabilities attached to such shares, be transferred to the HoldCo.

The Board of Directors were also authorised to delist the shares of the Bank and the Existing GDRs from the official list of the Nigerian Exchange and the London Stock Exchange respectively as well as re-register the Bank as a private limited company under CAMA Act 2020.

In his remarks during the EGM, the Founder and Chairman of Zenith Bank Plc, Jim Ovia, CFR, thanked the shareholders for their unwavering commitment, which has been instrumental in the Bank’s outstanding performance over the years.

He expressed his delight at witnessing the transition of the Bank to a holding company, which is anticipated to position it advantageously for exploring emerging opportunities in the Fintech space while bolstering its digital and retail banking initiatives.

Also speaking during the EGM, Dr. Ebenezer Onyeagwu, the Group Managing Director/Chief Executive, lauded the Founder and Chairman, Jim Ovia, CFR, for his pivotal role in creating an institution that has consistently been a trailblazer in the nation’s financial services industry.

Dr. Onyeagwu expressed his optimism about the Bank’s growth trajectory in the coming years as it transitions into a holding company structure.

According to him, “The HoldCo structure presents an opportunity for us to unlock value for shareholders in terms of opportunity in other sectors beyond banking. The first part is Fintech, where we have already received the approval and the license from the Central Bank of Nigeria (CBN), which we are launching soon.

“It is going to be focusing on an area that we know has not been touched on by anyone. So it is more like us finding an open wide space where we can begin to operate, and with a HoldCo, what that means is that we have an opportunity to diversify our investment.

“We can begin to look at other business verticals that were restrained by the kind of authorisation we have. So, it presents a big opportunity for us to have a wider lens and scope in terms of what we can do. It will also position us to think of opportunities beyond Africa. We will be looking at key business verticals that have the potential to enable us to create value for shareholders.”

On the recapitalisation plan of the Bank, Dr. Onyeagwu stated that the Bank is on course to receive the needed shareholder’s approval in the forthcoming Annual General Meeting (AGM) slated for May 8, 2024, which will kickstart its capital raising effort in line with the CBN directive.

He expressed confidence in the Bank’s ability to raise the stipulated capital, stating that amongst its peers in the industry, Zenith was expected to raise the least amount due to its already robust capital base.

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