FICA (Financial Intelligence Centre Act 38 of 2001) is a
South African law designed to combat financial crimes, including money
laundering, fraud, and terrorist financing. It requires certain
institutions, like banks, to verify client identities and implement measures to
detect and prevent these crimes.
Key aspects of FICA in South Africa:
FICA aims to assist in identifying the proceeds of unlawful
activities, combat money laundering, and counter the financing of terrorism.
The Act applies to various institutions and individuals who
may be used for money laundering purposes, including financial institutions,
estate agents, brokers, attorneys, and insurance companies.
These institutions are required to implement measures to
verify client identities, keep records of transactions, and report suspicious
activity to the Financial Intelligence Centre (FIC).
FICA encourages a risk-based approach, where the extent of
verification measures should match the client's risk profile.
Institutions must comply with FICA regulations to avoid
legal consequences and to ensure the integrity of the financial system.
FICA also includes the requirement for ongoing due
diligence, meaning that financial institutions must continually validate and
update client information.
How FICA helps:
- Detects
and prevents financial crime:
By requiring institutions to verify client identities and
report suspicious activity, FICA helps prevent money laundering and other
financial crimes.
- Protects
financial institutions:
FICA helps financial institutions avoid being used for money
laundering and other illegal activities, protecting their reputation and
preventing financial losses.
- Ensures
financial system integrity:
FICA helps to maintain the integrity of the South African
financial system by combating financial crime.