OBLIGATION OF ALL ACCOUNTABLE PERSONS TO REGISTER WITH THE FINANCIAL INTELLIGENCE AUTHORITY (FIA) IN ACCORDANCE WITH SECTION 21 (pb) of the ANTI-MONEY LAUNDERING ACT,2013 (as amended) KAMPALA - MONDAY 28th August, 2018

Date:
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The FIA was established under the Anti-Money Laundering Act (AMLA), 2013 to prohibit and prevent money laundering and the financing of terrorism. Its mission is to foster the integrity of the financial system through effective detection and prevention of financial crimes.

The Authority executes its mandate through imposing certain duties on institutions and other persons, businesses and professions who might be used for money laundering and financing of terrorism purposes; among others.

 

As provided in Section 21 (pb) of the Anti-Money Laundering Act, 2013 (as amended), the Financial Intelligence Authority (FIA) is mandated to register all accountable persons as stipulated in the Second schedule to the AMLA and as a result, establish and keep a register of all accountable persons which shall be made available to the general public as provided for under Regulation 3 of the AML Regulations, 2015.

 

The listed accountable persons that must mandatorily register with the FIA are as follows:-

 

1. Advocates as defined in the Advocates Act, notaries licensed and certified under the Notaries Public Act, accountants as defined in the Accountants Act, and other independent legal professionals and accountants.

2. A board of executors or a trust company or any other person that invests, keeps in safe custody, controls, or administers trust property within the meaning of the Trustees Act;

3. Casinos (which also includes internet casinos);

4. Real estate agents;

5. Dealers in precious metals and gems.

6. Trust and company service providers not covered elsewhere in this Schedule which as a business provide any of the following services to third parties:

(a) acting as a formation agent of legal persons;

(b) acting as (or arranging for another person to act as) a director or secretary of a company, a partner of a partnership, or a similar position in relation to other legal persons;

(c) providing a registered office, business address or accommodation, correspondence or administrative address for a company, a partnership or any other legal person or arrangement;

(d) acting as (or arranging for another person to act as) a trustee of an express trust;

(e) acting as (or arranging for another person to act as) a nominee shareholder for another person.

7. A financial institution as defined in the Financial Institutions Act.

8. A broker, dealer or investment advisor licensed under the Capital Markets Authority Act.

9. An insurance company licensed under the Insurance Act.

10. Registrars of Companies.

11. Registrars of Land.

12. The Uganda Investment Authority.

13. All licensing authorities in Uganda.

14. Any other person who conducts the business of:

(a) acceptance of deposits and other repayable funds from the public including private banking;

(b) lending including, inter alia, consumer credit, mortgage credit, factoring with or without recourse, and finance of commercial transactions);

(c) financial leasing (not including financial leasing arrangements in relation to consumer products);

(d) the transfer of money or value;

(e) issuing and managing means of payment e.g., credit and debit cards, cheques, traveller’s checks, money orders, bankers’ drafts, electronic money;

(f) financial guarantees and commitments;

(g) trading in:

(i) money market instruments (cheques, bills, CDs, derivatives, etc.),

(ii) foreign exchange,

(iii) exchange, interest rate and index instruments,

(iv) transferable securities,

(v) commodity futures trading;

(h) participation in securities issues and provision of financial services related to such issues;

(i) individual and collective portfolio management;

(j) safekeeping and administration of cash or liquid securities on behalf of other persons;

(k) otherwise investing, administering or managing funds or money on behalf of other persons;

(l) underwriting and placement of life insurance and other investment related insurance , including non-life insurance business;

(m) money and currency changing.

15. Non-governmental organizations, churches and other charitable organizations.

 

Regulation 4 (1) of the AML Regulations, 2015 provides that, every accountable person shall register with the Authority, within one year from the commencement of these Regulations, or such other period as the Authority may specify. This clearly set the deadline of registration as at November 2016. We have however extended the deadline to 30th October, 2018 to enable each accountable person meet this deadline.

 

The registration of Accountable persons, according to Regulation 4 of the AML Regulations, 2015 should be done by filling in the forms below that are provided for at the back of the AML Regulations, 2015 and also found on our website www.fia.go.ug

These are:-

  1. Form 1- Registration form for accountable persons (which requires attachment of proof of registration or incorporation of an accountable person)
  2. Form 2 – Notification of change of Registered particulars of accountable persons (filled in when the particulars in the register have changed as required by Regulation 5 of the AML Regulations especially for those that had earlier on registered)
  3. Form 3 – Notification of Appointment of Money Laundering Control Officer (MLCO) (as required by Regulation 6 of the AML Regulations).

 

We appreciate your continued cooperation and look forward to the utmost fulfilment of this obligation.

We pledge to be a Centre of excellence in combating financial crime (money laundering and terrorism financing).

 

For further inquiries, please call +256 414 231 556 or email us via fia@fia.go.ug

 

 

 

Sydney Asubo

Executive Director