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Cablegate: Kenya Terrorist Finance: Follow-Up Action Request On

VZCZCXYZ0000
PP RUEHWEB

DE RUEHNR #4416 3130823
ZNR UUUUU ZZH
P 090823Z NOV 07
FM AMEMBASSY NAIROBI
TO RUEHC/SECSTATE WASHDC PRIORITY 3391
RUEATRS/DEPT OF TREASURY WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHDC

UNCLAS NAIROBI 004416

SIPDIS

SENSITIVE

DEPT FOR S/CT, INL, AF/E, AF/RSA, AND AF/EPS
DEPT FOR EEB/ESC/TFS JAY JALLORINA
JUSTICE FOR AFMLS, OIA, AND OPDAT
TREASURY FOR FINCEN
TREASURY FOR VIRGINIA BRANDON


SIPDIS

E.O. 12958: N/A
TAGS: EFIN ETTC KTFN KCRM PREL PTER KE
SUBJECT: KENYA TERRORIST FINANCE: FOLLOW-UP ACTION REQUEST ON
ILLICIT CASH COURIERS

REF: A)STATE 152088 B)NAIROBI 000875

SENSITIVE BUT UNCLASSIFIED. FOR USG USE ONLY.

1. (SBU) In response to ref A, the situation in Kenya regarding cash
smuggling has not improved or changed from that described in ref B.
The 2007 INCSR text remains accurate: Kenya has little in the way of
cross-border currency controls. GOK regulations require that any
amount of cash above $5,000 be disclosed at the point of entry or
exit for record-keeping purposes only, but this provision is rarely
enforced.

2. (SBU) To respond specifically to the questions in reftel A:

A. The GOK submitted an anti-money laundering (AML) bill to
Parliament in November 2006, but Parliament never debated it before
the session ended in October, 2007. After the December 27 general
election, the new government will have to resubmit the bill to the
new Parliament when it opens in March 2008.

B. No change in the key elements of the AML bill regarding cash
smuggling described in ref B.

C. No change in the reporting requirements regarding cash smuggling
described in ref B. The customs declaration policy requires that
any funds over USD5,000 equivalent should be declared upon entry
into and leaving the country, but it appears Kenya Revenue Authority
(KRA) Customs has not instituted the log book it proposed in ref B
to record all instances of people traveling with over USD5,000
equivalent.

D. KRA Customs has not opened any investigations into cash
smuggling, and does not plan to open any until after the AML bill is
passed into law unless a case relates directly to a narcotics or
organized crime investigation.

E. No prosecutions.

F. Under its Framework of Standards program, DHS/CBP has provided
training on bulk cash smuggling to four of Customs basic students
classes at the KRA Training Institute in Mombasa. DHS/CBP has also
covered cash smuggling in several more advanced courses presented to
KRA customs, police, Immigration, and port authorities. The Embassy
has for four years been providing technical assistance in drafting,
and discreet support for passage of, the AML Bill. These efforts
will continue when a new parliament reconvenes in 2008.

RANNEBERGER

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