US embassy cable - 02ABUJA2598

UNCLAS SECTION 01 OF 02 ABUJA 002598 
 
SIPDIS 
 
 
E.O. 12958: N/A 
TAGS: KCRM, EFIN, SNAR, PGOV, PREL, NI 
SUBJECT: NIGERIA: UPDATE ON FATF MONEY LAUNDERING REVIEW 
 
REF: ABUJA 12345 
 
 
1.(SBU) Since Ambassador Jeter's August 29 meetings with 
President Obasanjo and Presidential Advisors Stephen Oronsaye 
and Obi Ezekwesili, the Government of Nigeria has moved 
quickly in an attempt to repair its bad reputation with the 
Financial Action Task Force. 
 
 
2.(SBU) On August 30 President Obasanjo wrote to FATF 
President Sanio, detailing a number of steps to be taken in 
to coming weeks, including new Central Bank of Nigeria (CBN) 
guidelines for reporting by financial institutions and a 
planned visit to the FATF's Africa and Middle East Review 
Group (AMERG) in Rome in mid-September. 
 
 
3.(SBU) On August 31, President Obasanjo sent letters to the 
President of the Senate and the Speaker of the House of 
Representatives, depicting the dire situation Nigeria is in 
vis-a-vis the FATF and urging the legislature to enact the 
draft Financial Crimes Commission bill introduced in November 
2001. 
 
 
4.(SBU) During a September 4 conversation with the 
President's Principal Secretary, Stephen Oronsaye, the 
Ambassador warned that the GON might need to explain to the 
FATF's AMERG in writing and in advance of any face-to-face 
meeting in Rome, tangible steps the GON has taken or will 
take imminently to address the FATF concerns on Nigeria's lax 
money laundering controls.  Without such advance notice of 
tangible progress, the AMERG may turn down a GON request to 
meet in Rome in mid-September, Jeter noted.  Oronsaye took 
this on-board and promised to provide a document to the AMERG 
Chairman in the coming days.   RNLEO delivered the same 
message to the Attorney General on September 5. 
 
 
5.(SBU) The Presidency held an inter-agency meeting at the 
Villa the morning of September 5 to produce a strategy for 
resolving the FATF crisis.  It was agreed that Attorney 
General Kanu Agabi would lead a delegation to Rome in 
mid-September, after the Central Bank issues new "circulars" 
or regulations tightening reporting requirements on Nigeria's 
banks as well as increasing the threat of penalties for 
failure to abide by these circulars and existing regulations. 
 
 
 
 
6.(U) The front page of the September 6 "Punch" (major 
English-language daily) carried the following article under 
the headline, "FG Expresses concern over Financial Crimes:" 
 
 
Begin text. 
 
 
President Olusegun Obasanjo has expressed concern over the 
absence of a commission to handle matters related to 
anti-terrorism, economic and financial crimes in the country. 
 
 
 
 
In separate letters to the Senate President Anyim Pius Anyim 
and the Speaker of the House of Representatives, Alhaji Ghali 
Umar Na'Abba, dated August 31, Obasanjo reminded the 
legislators that the Paris-based Financial Action Task Force 
(FATF), has threatened to blacklist financial institutions in 
Nigeria by October if nothing was done about financial crimes. 
 
 
He therefore urged the National Assembly to urgently pass a 
bill for the establishment of a commission on anti-terrorism, 
economic and financial crimes, in the country. The bill was 
sent to the Assembly last November. 
 
 
The president warned that the country's international trade 
and business standing would come to harm if the FATF threat 
was carried out. 
 
 
The letter reads: "The president of the FATF has indicated 
that during its Plenary on 19-21 June 2002, a decision was 
taken to apply counter-measures against Nigeria with effect 
from 31 October 2002 unless we begin substantive 
communications with the FATF and also take significant steps 
to address identified deficiencies. 
 
 
"He further indicated that a discussion of the Nigerian 
situation will be given priority during the Group's Plenary 
scheduled for 9-11 October 2002, expressing the hope that 
Nigeria would have to take substantive measures to address 
the observed deficiencies and thus avoid the planned 
counter-measures. 
 
 
"I understand that the planned measures, if taken, would 
render difficult any financial flows to or out of Nigeria 
thereby putting our international trade and business 
transactions at risk. 
 
 
"It is for this reason that I urge you and the distinguished 
Senators to give priority consideration to the 
Anti-Terrorism, Economic and Financial Crimes Commission Bill 
which I had earlier transmitted to you." 
Obasanjo said that the threat by the FATF is worsened by the 
fact that for a long time, Nigeria did not engage the 
organisation in a dialogue on what was being done to 
strengthen existing legislation or, where necessary, to enact 
new ones to combat financial crimes and related crimes. 
Last week, the Central Bank of Nigeria (CBN) said that 
Nigeria was on the list of countries considered by FATF as 
not co-operating in the global war against terrorism, 
financial and economic crimes. 
 
 
"The FATF is used to pressurising various governments to 
ensure that money laundered do not find their way through 
banks.  The international  body has classified Nigeria as a 
non-cooperating country.  The body has given Nigeria till 
October to correct this problem or else we would be in 
serious problem," the CBN said. 
 
 
It warned against opening anonymous accounts for customers. 
"We want the FATF to delist the country from the list of 
uncooperating countries.  The banks have to adhere to the 
rules guiding money transfer," the apex bank stated. 
 
 
End Text. 
 
 
7.(SBU) Comment:  The President and his staff "get it" -- the 
threat of counter-measures from FATF members is very real and 
serious -- and they have responded with alacrity.  Yet months 
of neglect are hard to repair in days and the GON will face a 
tough sell of its defense in Rome, if such a meeting occurs. 
From our contacts with the President, his immediate staff, 
the Attorney General and the Central Bank, we detect a 
sincere and unprecedented, although belated, commitment to 
setting this situation right. 
JETER