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Enhancing compliance – Ultimate Beneficial Owner (UBO) steps up in the...

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Companies can leverage identity platforms to create internal Ultimate Beneficial Owner (UBO) databases. What are the risks of unintentionally transacting with a shady shell company or funds gained from criminal activities? In South Africa, it's substantial.

Data in the trade finance ecosystem

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The trade finance ecosystem plays a crucial role in facilitating international trade by providing financing and risk mitigation services to importers, exporters and other participants in the global supply chain. In recent years, the trade finance ecosystem has undergone significant transformations driven by technological advancements and the growing importance of data – and we’re proud to be leading the charge in and for Africa.

Trusts, far from obsolete

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Locally, as trust compliance becomes more complex and trusts become more costly to administer, their value is increasingly being questioned. However, a trust’s worth extends beyond its financial benefits, and as such, they are still very relevant tools to use in a well-crafted estate plan, especially for high-net-worth families. 

Blockchain makes crypto asset transactions transparent and traceable

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The popularity of cryptocurrencies stems from the fact that trading takes place in an anonymous environment where individuals may use pseudonyms and are not face-to-face. However, as the crypto industry grows and becomes more developed, it is becoming less true that “crypto is anonymous”.

The impact of greylisting on South Africa’s financial system

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In February this year, South Africa was greylisted by the Paris-based Financial Action Task Force (FATF) because of its failure to comply with its standards and measures to combat illicit financial flows, terrorist funding and potential threats to the integrity of the global financial system. This step is the consequence of the endemic corruption, generally referred to as “state capture” which has long prevailed in the country.

New accountable institutions urged to continue registering with the FIC

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New designated items listed as accountable institutions in Schedule 1 of the Financial Intelligence Centre Act (FICA) are urged to continue registering with the Financial Intelligence Centre (FIC) even after the deadline of close of business on Monday, 20 March 2023, to avoid being in non-compliance with the registration requirements.

A beneficial ownership register for companies

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The Companies and Intellectual Property Commission (CIPC) is pleased to announce that it is planning to establish and implement a beneficial ownership (BO) register to be released upon approval of the regulations, pursuant to the commencement of the General Laws Amendment Act, 2022, that was signed into law by the President of the Republic of South Africa on 29 December 2022.

Government wants to get off the greylist by 2024

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In a recent newsletter, President Cyril Ramaphosa said that South Africa knows what needs to be done to be removed from the greylist and that the fundamentals are in place. Eight areas of strategic deficiency have been identified by the Financial Action Task Force (FATF) which government needs to urgently address in order to get off the greylist.

SARB announces intention to declare cryptocurrency as a financial product

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The South African Reserve Bank (SARB) recently announced their intention to declare cryptocurrency as a financial product, which is in line with current worldwide trends as well as the Financial Sector Conduct Authority (FSCA) which published a draft declaration of crypto assets as financial products in 2020.

General obligations for accountable institutions in terms of the FIC Act

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Businesses that are considered as vulnerable to being abused for money laundering and terrorist financing purposes by criminals are listed as accountable institutions in terms of the Financial Intelligence Centre Act, 38 of 2001 (FIC Act). And, as such, these institutions must meet certain regulatory obligations that are designed to help combat financial crime.

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