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Cablegate: Kenyan Government Submits Anti-Money Laundering Bill To

VZCZCXYZ0005
PP RUEHWEB

DE RUEHNR #1088 1160447
ZNR UUUUU ZZH
P 250447Z APR 08
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC PRIORITY 5589
INFO RUEHXR/RWANDA COLLECTIVE PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC

UNCLAS NAIROBI 001088

SIPDIS

SENSITIVE

DEPT FOR AF/E, AF/RSA, AF/EPS, EEB/IFD/OMA, INL/C AND EEB/ESC/TFS
JUSTICE FOR AFMLS, OIA, AND OPDAT
JUSTICE FOR DE KLUIVER
TREASURY FOR FINCEN
TREASURY FOR VIRGINIA BRANDON

SIPDIS

E.O. 12958: N/A
TAGS: PTER KCRM KTFN ECON EFIN KE
SUBJECT: KENYAN GOVERNMENT SUBMITS ANTI-MONEY LAUNDERING BILL TO
PARLIAMENT

REF: 2007 NAIROBI 1015

SENSITIVE BUT UNCLASSIFIED. FOR USG USE ONLY

1. (SBU) Summary: The Government of Kenya (GOK) has submitted the
Proceeds of Crime and Anti-Money Laundering Bill to Parliament by
publishing it in the official Gazette on April 18. This is the
first bill gazetted by the new grand coalition government to the new
parliament, indicating perhaps that it is a high legislative
priority. The Bill will be listed for its first Reading in
Parliament on April 29. End summary.

2. (SBU) As suggested by the U.S. Department of Justice, the
definition of "offense" in the gazetted draft is: "An offense
against a provision of any law in Kenya, or an offense against a
provision of any law in a foreign state for conduct which, if it
occurred in Kenya, would constitute an offense in Kenya."

3. (SBU) The GOK's Anti-Money Laundering Task Force (AMLTF) told
Econoff on April 1 that Article 8 of the AML bill would cover
terrorist financing. Article 8 reads: "A person who knowingly
transports, transmits, transfers or receives or attempts to
transport, transmit, transfer or receive a monetary instrument or
anything of value to another person, with intent to promote the
carrying out of an offence, commits an offence." However, this
claim appears to assume the bill against organized crime, which
replaced the anti-terrorist bill, would also be submitted to
Parliament and passed.

4. (SBU) Comment: In addition to our own relentless but discreet
advocacy on this issue, one factor that probably accelerated GOK
action on the anti-money laundering bill is the need to avoid
embarrassment. Kenya is scheduled not only to host the August
plenary meeting of the Financial Action Task Force (FATF) Eastern
and Southern African Anti-Money Laundering Group (ESAAMLG), but also
to assume the ESAAMLG presidency for one year.

RANNEBERGER

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