Financial Intelligence Centre advisories and guidelines

January 2017 Updating your information with the FIC on the new goAML system. Download FIC notice.
4 March 2014 FIC Directive 04/2016: Accountable and reporting institutions required to update registration related information to access FIC’s new registration and reporting platform. Download FIC directive.
25 July 2013 Law societies join the financial intelligence fold. Read press release.
June 2013 FATF Report: Money Laundering and Terrorist Financing Vulnerabilities of Legal Professionals
In June 2012, the Financial Action Task Force (FATF) Plenary met in Rome and agreed to conduct typology research into the money laundering and terrorist financing (ML/TF) vulnerabilities of the
legal profession. The purpose of this typology is to determine the degree to which legal professionals globally are vulnerable for ML/TF risks in light of the specific legal services they provide, and to describe red flag indicators of ML/TF which may be useful to legal professionals, self-regulatory bodies (SRBs), competent authorities and law enforcement agencies.
The report, published in June 2013, concludes that criminals seek out the involvement of legal professionals in their ML/TF activities, sometimes because a legal professional is required to complete certain transactions, and sometimes to access specialised legal and notarial skills and services which could assist the laundering of the proceeds of crime and the funding of terrorism.

The report identifies a number of ML/TF methods that commonly employ or, in some countries, require the services of a legal professional. Inherently these activities pose ML/TF risk and when clients seek to misuse the legal professional’s services in these areas, even law abiding legal professionals may be vulnerable. Download the FATF Report.

November 2012 FIC sets up Compliance Call Desk Read FIC advisory
9 September 2011 Attorneys urged to register with FIC
Download the FIC advisory of 9 September 2011
July 2011 FICA Precedent Internal Rules
The LSSA makes the FICA Precedent Internal Rules available to attorneys to assist them in complying with their obligations in terms of the Financial Intelligence Centre Act (FICA). Every attempt has been made to ensure that the rules comply with the relevant provisions of FICA and the Regulations. However, it remains the responsibility of each practitioner to ensure that suitable structures and procedures are in place to enable them to discharge their obligations as accountable institutions in compliance with FICA. Practitioners are responsible for adapting the precedent rules to make provision for such structures and procedures and to ensure that the rules (prepared by the practitioner) are updated in compliance with any amendments to the applicable legislation. The LSSA does not accept liability for any inadvertent error in the precedent rules. The ‘drafting notes’ and ‘comments’ form an integral part of the document. Attorneys must:

  • apply their minds to all the relevant legislation before formulating their own rules;
  • populate the page numbering in the Table of Contents as and when the rules have been adapted to suit their particular circumstances.

See also the FICA Manual 2010 below.

August 2010: Postponement of the commencement date for Cash Threshold Reporting (CTR) under s 28 of the Financial Intelligence Centre Act, 2001 (FIC Act)
14 July 2010: Update to all attorneys practising in South Africa with regards to reporting and obtaining of login credentials from the Financial Intelligence Centre

FICA Manual 2010

7 May 2010 Roll-out of the first phase of the cash threshold report process 7 May 2010
7 May 2010 Update on FIC CTR obligations for attorneys
22 February 2010 FICA press release PCC
February 2010: PCC1- Establishment of Public Compliance Communication Series (PCCs)
February 2010: PCC2 – STR Period for Record Keeping