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Cablegate: Nigeria: Binational Commission: Gti Focused Group On

VZCZCXYZ0003
PP RUEHWEB

DE RUEHUJA #2117/01 3281310
ZNR UUUUU ZZH (CCY ADDF835B MSI3932-695)
P 241310Z NOV 09 ZDS
FM AMEMBASSY ABUJA
TO RUEHC/SECSTATE WASHDC PRIORITY 7558
INFO RUEHOS/AMCONSUL LAGOS 2349
RUEHLO/AMEMBASSY LONDON 0625
RHMFISS/HQ USAFRICOM STUTTGART GE
RUEHZO/AFRICAN UNION COLLECTIVE
RUEHZK/ECOWAS COLLECTIVE
RHEHNSC/NSC WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC
RUEKDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE

UNCLAS ABUJA 002117

SENSITIVE
SIPDIS

C O R R E C T E D COPY CAPTION ADDED

STATE FOR AF/FO, AF/W, AF/RSA, DRL, INR/AA, S/CIEA, AF/PDPA
DEPARTMENT PASS TO USAID FOR AFR/WA (DALZOUMA)

E.O. 12958: N/A
TAGS: PGOV PREL PHUM PINS PTER KDEM NI

SUBJECT: NIGERIA: BINATIONAL COMMISSION: GTI FOCUSED GROUP ON
ANTI-CORRUPTION GAME PLAN

REF: (A) ABUJA 2016
(B) ABUJA 2046
(C) ABUJA 2052

1. (SBU) Mission Nigeria has met several times over the last 12
months to review current and proposed initiatives to improve
transparency, good governance, and fight corruption. Some of these
measures could be captured under the proposed Binational Commission's
Good Governance, Transparency and Integrity (GTI) Working Group and
the proposed separate focus group on corruption. The Mission is
providing game plans for each of the proposed BNC working groups and
two proposed sub-working groups under GTI. Reftels contain Mission
game plans for Energy and Investment, and Niger Delta and Regional
Security Cooperation. Ref A on the Elections Action Plan will be
recast under GTI once we receive final formal approval from
Washington on BNC themes. We understand that BNC discussions remain
ongoing in Washington, therefore these plans will be
recast/readjusted accordingly pending final decisions on the BNC.
END SUMMARY

---------------------------------------
CURRENT USG ANTI-CORRUPTION INITIATIVES
---------------------------------------

2. (SBU) The Mission's current work plan seeks to provide a framework
for systematic, strategic assistance to Nigeria to fight
institutionalized corruption. The USG has actively engaged in
various areas during the last 12 months to help the Nigerian
Government (GON) build their capacity to fight corruption through
improved prevention, detection, investigation, and prosecution. We
have encouraged the GON to follow through on key prosecutions
involving corrupt former officials, including governors.
Illustrative examples of specific current assistance that we hope to
build upon follow:

-- Arranged for U.S.-based law enforcement instructors (e.g., from
the Federal Bureau of Investigation, Department of Homeland Security,
Drug Enforcement Administration, Alcohol, Tobacco Firearms and
Explosives Bureau) to train Nigerian police and legal personnel at a
six-week Law Enforcement Executive Development (LEED) program. This
program includes modules on ethics, combating white collar crime, and
money laundering, etc.

--Organized a GON-interagency Database and Automated Record Working
Group to facilitate the ability of Nigerian law enforcement entities
to share data across agencies in order to better investigate and
prosecute financial crimes and corruption.

--Monitored efforts to introduce greater transparency in government
at the state level, to deter payroll and tax fraud through the use of
biometrics and electronic payments. Success in this project would
demonstrate Nigerian capacity where political will exists and provide
replicable methodologies for addressing areas susceptible to
corruption.

--Arranged for nine Anti-Terrorism Assistance (ATA) training courses
since 2007 in Critical Incident Management, Interdicting Terrorist
Activities, Senior Crisis Management, ICE-Bulk Cash Smuggling
Workshop, Terrorism Crime Scene Investigation, Airport Security
Management, VIP Protection, VIP Protection Management, and Regional
Fraudulent Documents.

--Trained officials of NFIU, SEC and CBN in Financial Forensics to
detect fraud and corruption within Nigerian financial institutions.
Qdetect fraud and corruption within Nigerian financial institutions.

-- Trained NDLEA commanders at ILEA on Drug Unit Commander Course to
enhance their skill to detect collusion between their officers and
traffickers.

--Installed body scanner x-ray machines and drug-explosive-
detection itemizers at four international airports in Nigeria, and
trained NDLEA officers on the use of the scanners and drug kits to
interdict drug traffickers.

--Trained Economic and Financial Crimes Commission (EFCC) and the
Nigerian Financial Intelligence Unit (NFIU) participants on more
energetic investigations and prosecutions of corrupt officials.

--Worked with EFCC to go after delinquent businesses that have

committed tax fraud.

--Worked with the Central Bank of Nigeria to support proposed banking
regulation, and a draft manual on anti-money-laundering that will
require banks to report large movements of cash between accounts by
Politically Exposed Persons.

--Worked with National Assembly to pass Cybercrime Bill and enhance
judges' understanding of electronic evidence in prosecuting
cybercrimes.

--Trained police in community policing techniques.

--Assisted under USAID's Country Strategy program to build
state capacity to have more transparency in state budgets with
two focused states and local government level.

--Started discussions with Nigerian tax authorities (Federal Inland
Revenue Service or FIRS) on receiving training on audits and
suspicious transactions from Treasury's Office of Technical
Assistance (OTA). OTA will follow-up their initial visit in December
2009 with a formal offer to FIRS on what type of assistance it would
like to receive.

-- Implementing steps for retired DEA agent to work with the Nigerian
National Drug Law Enforcement Agency (NDLEA) for six months. GON
approved the position three months ago.

----------------------------------------
PROPOSED USG ANTI-CORRUPTION INITIATIVES
----------------------------------------

3. (SBU) As part of our overall BNC game plan, Mission Nigeria
proposes to move forward with additional anti-corruption initiatives.
Broadening the scope of this GTI-focus group would allow promotion
of additional law enforcement activities under its auspices,
including bolstering of recent naming and shaming efforts by the
Central Bank of Nigeria (CBN), police and customs training, and
capacity building for the Securities and Exchange Commission (SEC)
and the National Agency for Food and Drug Enforcement (NAFDEC) for
the protection of Intellectual Property Rights and drug integrity,
and reducing counterfeiting. Contingent on availability of funding,
examples of additional activities could include:

-- Providing inter-agency training to CBN, EFCC, IPCC, and the Code
of Conduct Bureau on investigating and managing corruption cases;

-- Working with the Coordinator for Counter-Terrorism (S/CT), FBI,
Federal Law Enforcement Training Center (FLETC), and the
International Criminal Investigative Training and Assistance Program
(ICITAP) to provide Anti-Terrorism Assistance (ATA) training early in
2010;
--Building on OTA program to assist the Nigerian tax authorities with
investigations training and enforcement technical assistance. Yet
another area of potential assistance is collecting taxes from the
independent joint ventures that would be created by the proposed
Petroleum Industry Bill.
-- Sponsoring additional candidates for the Law Enforcement Executive
Development (LEED) program at the International Law Enforcement
Academy (ILEA). A special session could be offered in Nigeria or
within West Africa.

-- Sending select Nigerian law enforcement officers to
anti-corruption and financial crimes training programs at the FBI
Quantico Academy or INL's International Law Enforcement Academies.

-- Providing state civil service bodies, finance ministries, and
internal revenue services with training in payroll fraud detection
Qinternal revenue services with training in payroll fraud detection
and tax fraud investigation. Edo state asked for help in all three
entities; Bayelsa specifically asked for help with help in countering
pay-roll fraud.

-- Promoting approval of a Freedom of Information Act statute to help
the public gain better access to government documents as a way of
promoting greater transparency;

-- Establishing a sensitive investigative (vetted) unit within the
National Drug Law Enforcement Agency (NDLEA) to assist with sharing
of sensitive information.

-- Assessing training capacity of Nigerian police academies to train
officers on modern policing techniques and decrease corruption by
police officers.

-- Working with CBN to establish a new office on anti-money
laundering and counter-terrorist financing.
-- Establishing a new banking manual for training CBN examiners to
work with NFIU.

-- Conducting assessments of operations by Customs to prevent fraud
and the entry of counterfeit goods at ports and detect collusion
between law enforcement officials and smugglers.

-- Providing a counter-narcotics advisor to deal with internal
affairs issues and detect corruption among NDLEA officers.

-- Providing a legal advisor to help the GON revamp aspects of
Nigeria's legal framework by working with the National Assembly to
pass the pending civil forfeiture bill.

4. (SBU) If there is a policy decision to provide training to entry-
and mid-level permanent EFCC permanent employees, we could:

-- Provide training to develop institutional knowledge and
capabilities on investigations and prosecutions.

-- Build capacity of NFIU staff to generate quality data on
suspicious transactions.

-- Arrange for an FBI advisor to assist the EFCC with investigations
and prosecutions of corrupt, former governors.

-- Sponsor a Regional Legal Advisor to serve the dual function of
building capacity of EFCC prosecutors and of training judges in
management of complex financial crimes cases and implementing civil
forfeiture legislation.

5. (SBU) Mission Country Team Members will continue to coordinate
closely on identifying and pursuing different types of
anti-corruption assistance that the USG could provide in support of
the BNC's anti-corruption elements.

6. (U) Embassy coordinated this telegram with ConGen Lagos.

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