Financial Institutions (Anti-Money Laundering and Combating of Financing of Terrorism) (Amendment) Regulations 2019

LESOTHO Government Gazette Vol. 64 Friday – 30th August, 2019 No. 51 CONTENTS No. Page LEGAL NOTICES 77 International Organisations (Privileges and Immunities)................. 494 Southern African Customs Union Regulations, 2019 78 Declaration of Regularisation Scheme Area..................................... 497 Notice, 2019 79 Financial Institutions (Anti-Money Laundering and........................ 498 Combating of Financing of Terrorism) (Amendment) Regulations, 2019 OTHER NOTICES (See Supplement of the Gazette) Published by the Authority of His Majesty the King Price: M6.50

494 LEGAL NOTICE NO. 77 OF 2019 International Organisations (Privileges and Immunities) Southern African Customs Union Regulations, 2019 Pursuant to section 3 of the International Organisations (Privileges and Immu￾nities) Act, 1969 1 , I, LESEGO MAKGOTHI Minister responsible for foreign affairs and international relations make the fol￾lowing regulations: Citation and commencement

1. These regulations may be cited as the International Organisations (Privi￾leges and Immunities) Southern African Customs Union Regulations, 2019 and shall come into operation on the date of publication in the Gazette. Application
2. (1) The Southern African Customs Union is declared as an interna￾tional organisation to which the International Organisation Privileges Act, 1969 applies. (2) For purposes of these regulations, “Southern African Customs Union” means the Southern African Customs Union established in terms of Southern African Customs Union Agreement, 2002. Legal Personality of Southern African Customs Union
3. The Southern African Customs Union shall have legal personality with capacity and power to enter into contracts, acquire, own or dispose of movable or immovable property and to sue and be sued. Inviolability of Southern African Customs Union
4. (1) Any property and assets of the Southern African Customs Union wherever they are located in Lesotho shall enjoy immunity from legal processes unless such immunity is waived by the Executive Secretary of Southern African

Customs Union. (2) Any Southern African Customs Union records including docu￾ments, correspondence, manuscripts, computer records, films, motion pictures, sound recording or any other information or document relating to the perform￾ance of its functions shall enjoy immunity from legal processes. Exemption from payment of taxes and duties 5. (1) The Southern African Customs Union is exempt from payment of all forms of direct or indirect tax on any of its property (corporeal or incor￾poreal) and assets including income of its officials. (2) The Southern African Customs Union and its officials are ex￾empt from - (a) payment of customs duties on goods imported or ex- ported for official activities including publications; or (b) any restrictions or prohibitions applicable on goods im- ported or exported for official activities including pub- lications. The Southern African Customs Union not to dispose of property without Government consent 6. The Southern African Customs Union shall not dispose of, sell or alienate property imported or exported without payment of customs duties unless it has obtained a written permission from the Government of Lesotho. Officials of Southern African Customs Union Secretariat have immunity from legal processes 7. An official of Southern African Customs Union Secretariat shall, while executing his duties under the Southern African Customs Union Agreement, have immunity from a legal process in respect of words spoken or written and all acts performed by him in his official capacity. 495

496 Waiver of rights by Southern African Customs Union Executive Secretary 8. The Southern African Customs Union Executive Secretary shall, without prejudice to the interests of the Southern African Custom Union, retain the right to waive any of the official rights to immunity. Cooperation by the Southern African Customs Union and its officials 9. The Southern African Customs Union and its officials shall cooperate with a relevant official or institution executing duties under any other law. DATED: LESEGO MAKGOTHI MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL RELATIONS NOTE

1. Act No. 32 of 1969

LEGAL NOTICE NO. 78 OF 2019 Declaration of Regularisation Scheme Area Notice, 2019 In exercise of the powers conferred by section 62 of Land Act 2010 1 , I, LIT◊OANE SIMON LIT◊OANE Minister of the Local Government and Chieftainship Affairs, declare the Agri￾cultural plots of Thota ea Mokausi covering 3832692sqm and Ha Lesiamo cov￾ering 1033313sqm in the Mahobong Area, as Regularisation Scheme Area for a period of eighteen (18) months from the date of publication in the Gazette. DATED: 22ND AUGUST, 2019 LIT◊OANE SIMON LIT◊OANE MINISTER OF LOCAL GOVERNMENT AND CHIEFTAINSHIPAFFAIRS NOTE

1. Act No. 8 of 2010 497

LEGAL NOTICE NO. 79 OF 2019 Financial Institutions (Anti-Money Laundering and Combating of Financing of Terrorism) (Amendment) Regulations, 2019 Pursuant to section 71 of the Financial Institutions Act, 2012 1 , I, RETŠELISITSOE MATLANYANE Governor of the Central Bank, being the Commissioner of financial institutions make, the following regulations: Citation and commencement

1. These Regulations may be cited as the Financial Institutions (Anti￾Money Laundering and Combating of Financing of Terrorism) (Amendment) Regulations, 2019 and shall come into operation on the date of publication in the Gazette. Interpretation
2. Regulation 2 of the Financial institutions (Anti-Money Laundering and Combating of Financing of Terrorism) Regulations, 2015 2 (Hereinafter referred to as the principal regulations) is amended by inserting the following definition after the definition of “correspondent banking”: “Financial integrity” means the safety, soundness and reputation of a bank; and of the financial system as a whole;” Reporting of suspicious activities, incidents of fraud and large transactions
3. Regulation 10 of the principal regulations is amended by - (a) deleting subregulation (1)(a) and (b) and renumbering consequentially; (b) deleting subregulation (2) and replacing the following: 498

“(2) Where a bank considers that a suspicious activity adversely impacts the financial integrity of the bank, the bank shall report the activity to the Commissioner.”. Reporting of suspicious activities, incidents of fraud and large transactions 4. Regulation 10 of the principal regulations is amended by inserting a new subregulation after subregulation (1) “(2) A report under subregulation (1) shall be in the format as prescribed in the Financial Integrity Report by the Commissioner in the Schedule.”. Reporting of suspicious activities, incidents of fraud and large transactions 5. Regulation 10 of the principal regulations is amended by deleting and replacing the following subregulations: (a) “(3) A staff member of a bank who reports a suspicious activity to the Commissioner in good faith shall not be held liable. (b) (4) A bank shall have and follow clear policies and processes for staff to report suspected activities related to money laundering or terrorist financing to a dedicated officer of the bank. (c) (5) A bank shall have and utilize adequate management information systems to provide the Board of Directors, management, compliance and dedicated officers with timely and appropriate information to abuse of the bank’s financial services.”. Insertion of a Schedule 6. The principal regulations are amended by inserting the following Sched￾ule: 499

500 “SCHEDULE (Regulation 10) FINANCIAL INTEGRITY REPORT INSTITUTION ID: FINANCIAL YEAR: START DATE: END DATE: TOTAL DATE NATURE OF AMOUNT REASON FOR ACTION LOCATION” TRANSACTION INVOLVED SUSPISION TAKEN DATED: DR. RETŠELISITSOE MATLANYANE GOVERNOR OF THE CENTRAL BANK OF LESOTHO NOTE

1. Act No. 21 of 2012 2 L.N. No. 77 of 2015 Printed by the Government Printer, P.O. Box 268, Maseru 100 Lesotho