Decree No. 2024-314/PR/Mi Implementing Law No. 106/AN/24/9ème L on Combating Money Laundering, Terrorism Financing and Proliferation of Weapons of Mass Destruction

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  Decree No. 2024-314/PR/Mi implementing Law No. 106/AN/24/9ème L on combating money laundering, terrorism financing and the proliferation of weapons of mass destruction.
• Measure: General
• Publication Date: 17/12/2024
  Edition No. 22 of 28/11/2024
  THE PRESIDENT OF THE REPUBLIC, HEAD OF GOVERNMENT THE PRESIDENT OF THE REPUBLIC, HEAD OF GOVERNMENT HAVING REGARD TO the Constitution of 15 September 1992; HAVING REGARD to Constitutional Law No. 92/AN/10/6ème L of 21 April 2010 revising the Constitution; HAVING REGARD to Law No. 104/AN/24/9ème L amending Law 110/AN/11/6ème L on combating terrorism financing; HAVING REGARD to Law No. 105/AN/24/9ème L amending Law No. 111/AN/11/6ème L on combating terrorism and other serious offences; HAVING REGARD to Law No. 106/AN/24/9ème L on combating money laundering, terrorism financing and the proliferation of weapons of mass destruction; HAVING REGARD to Decree No. 2023-083/PRE of 30 March 2023 reorganizing the institutional framework responsible for combating terrorism; HAVING REGARD to Decree No. 2024-52/PR/MJDH on the attribution, organization and functioning of the National Agency for Financial Intelligence; HAVING REGARD to Decree No. 2024-053/PRE/MJDH on the implementation regime for targeted financial sanctions related to terrorism financing and the proliferation of weapons of mass destruction; HAVING REGARD to Order No. 2024-113/PRE/2024 establishing the technical committee for the implementation and management of targeted financial sanctions related to terrorism and the proliferation of weapons of mass destruction; HAVING REGARD to Decree No. 2021-105/PRE of 24 May 2021 appointing the Prime Minister; HAVING REGARD to Decree No. 2021-106/PRE of 24 May 2021 appointing the members of the Government; HAVING REGARD to Decree No. 2021-114/PRE of 31 May 2021 determining the attributions of Ministries; HAVING REGARD to Decree No. 2022-001/PRE of 02 January 2022 on ministerial reshuffle; ON the proposal of the Minister of the Interior. The Council of Ministers heard in its session of 25 June 2024. DECREES

Article 1: This Decree is issued in implementation of Law No. 106/AN/24/9ème L on combating money laundering, terrorism financing and the proliferation of weapons of mass destruction.
Article 2: In accordance with article 3-1-1-1 of the law referred to in Article 1, the following provisions set out the composition and functioning of the National Coordination Committee for combating money laundering, terrorism financing and the proliferation of weapons of mass destruction (the National Coordination Committee) and the Technical Committee for combating money laundering, terrorism financing and the proliferation of weapons of mass destruction (the Technical Committee).
Article 3: In addition to the missions listed in article 3-1-1-2 of Law No. 106/AN/24/9ème L on combating money laundering, terrorism financing and the proliferation of weapons of mass destruction, the National Coordination Committee is responsible for:
– proposing measures to be implemented to combat terrorism, in accordance with United Nations resolutions and the recommendations of the Financial Action Task Force (GAFI); – taking appropriate measures to identify, assess and prevent the terrorist threat within national territory; – ensuring coordination, exchange and sharing of information and intelligence at the national level among the competent authorities involved in combating terrorism; – cooperating with international organizations concerned with combating money laundering, terrorism financing and the proliferation of weapons of mass destruction; – formulating proposals to the President of the Republic for reforms aimed at strengthening the legal and institutional framework as well as measures against terrorism, in accordance with international standards issued by the United Nations and the Financial Action Task Force.
Article 4: The National Coordination Committee comprises:
– The Prime Minister, President;
– The Minister of the Interior, 1st Vice-President; – The Minister of Justice, 2nd Vice-President; – The Minister of Budget, member; – The Minister of Foreign Affairs, member; – The Minister of Economy and Finance, member; – The Minister of Defence, member; – The Minister in charge of Transport, member; – The Minister of Commerce, member; – The Minister of Investments, member; – The Minister of the City, Urban Planning and Housing, member; – The Minister in charge of Telecommunications, member; – The Minister of Muslim Affairs and Waqf Assets, member; – The Attorney General, member; – The Governor of the Central Bank of Djibouti, member; – The Director General of National Security, member; – the Chief of Staff of the Djiboutian Armed Forces, member; – the Chief of Staff of the National Gendarmerie, member; – the Director General of the National Police, member; – the Colonel of the Coast Guard, member; – the Legal Adviser to the President of the Republic, member; – the Head of the National Agency for Financial Intelligence, member.
Article 5: The National Coordination Committee may call upon, as necessary, any representative of services or organizations concerned with combating terrorism and its financing, money laundering and the proliferation of weapons of mass destruction.
Article 6: The 1st Vice-President ensures the follow-up of the daily work of the National Coordination Committee and the Technical Committee and reports to the President of the National Committee.
Article 7: The National Coordination Committee meets upon summons by the President in ordinary session once per semester.
The committee may summon any person with competence and expertise to attend meetings in order to provide their opinion on the questions submitted to them. The National Coordination Committee validly deliberates when at least two thirds of its members are present.
Article 8: The National Coordination Committee submits to the President of the Republic, at the end of each session, a minutes record, and at the end of the year, an activity report.
Article 9: The National Committee also relies on the Technical Committee which is composed as follows:
– A representative of the Ministry of Justice, President; – A representative of the Ministry of the Interior, Vice-President; – A representative of the Prime Minister's Office; – A representative of the Ministry of Foreign Affairs; – A representative of the Ministry of Economy and Finance; – A representative of the Ministry of Defence; – A representative of the Ministry in charge of Transport; – A representative of the Ministry in charge of Budget; – A representative of the National Agency for Financial Intelligence; – A representative of the General Prosecutor's Office; – The President of the Court of First Instance or his Representative; – A representative of the Central Bank; – A representative of the National Commission for Prevention and Fight against Corruption; – A representative of the General State Inspection; – A representative of the National Institute of Statistics of Djibouti; – A representative of the General Directorate of Customs; – A representative of the General Directorate of National Police; – A representative of the National Gendarmerie; – A representative of the General Directorate of National Security; – A representative of the Coast Guard.
Article 10: The President and members of the Technical Committee are appointed by order of the President of the Republic on the proposal of the Minister of the Interior.
Article 11: The Technical Committee, responsible for supporting the National Committee against Terrorism, is tasked with monitoring and implementing the provisions of universal instruments on combating terrorism, terrorism financing, money laundering and the proliferation of weapons of mass destruction within the domestic legal order, as well as studies and establishing all measures taken by the National Committee for combating terrorism, corruption and money laundering.
Article 12: The Technical Committee is required to regularly inform the National Coordination Committee of the situation, actions taken and prepare an annual report to be submitted to the National Coordination Committee.
Article 13: The Technical Committee meets once a month and whenever necessary upon summons by its President or the President of the National Coordination Committee.
The Technical Committee validly deliberates when at least half of its members are present.
The Vice-President supervises the daily work of the National and Technical Committees and reports regularly to the Prime Minister.
Article 14: The secretariat of the National Coordination Committee is provided by the Director General of the ANRF.
It is assisted by the President of the Technical Committee.
The Secretariat is responsible for preparing the Committee's deliberations and ensuring their execution. It handles the secretariat of the Committee meetings.
Article 15: The expenses related to the functioning of the two Committees are borne by the national budget.
Article 16: This Decree repeals all prior provisions contrary hereto.
Article 17: This Decree shall enter into force upon its signature and shall be registered and published in the Official Gazette of the Republic of Djibouti.
Done at Djibouti, on 28 November 2024
The President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH