Editor in Chief: Moh. Reza Huwaida Friday, July 5th, 2024

Anti-money Laundering Law Earns Economical Trusts

Many problems in the third world countries are associated with flawed or delayed fixation of responsibilities; the culprit either escape owning the unlawful activity or keep on shifting the responsibilities from one to another stakeholder. Finally, no one is brought to book and hence justice delayed is justice denied. Particularly, when justice is to be exercised against a high profile person, then the anticipation of recovery and evenhandedness dies its natural death.

The genuine culprits of multi-million dollar Kabul bank scandal till date evade apprehension and prosecution, which is a nefarious act. This is awesome to learn that two former chiefs of Afghanistan's Kabul Bank, Sherkhan Farnood and ex-CEO Khalilullah Ferozi have been sentenced to five years in jail for the multi-million dollar fraud that almost led to its collapse in 2010. This is a blatant joke with the judicial system of Afghanistan, indicative of the highest degree of manipulation. This depicts culprits enjoying strong political support couldn’t be formally pursued. A flimsy dented prosecution might be deemed as nothing more than a face saving act.

Undoubtedly, it was a $900m bank scandal, multiplying the concerns of international donors whilst risking the collapse of Afghanistan's fragile economy. The relatively light sentence extended to the two key players in the Kabul Bank scandal fueled concerns about government indifference to rampant corruption in the country. The brothers of President Hamid Karzai and the vice-president, Mohammad Fahim, were among the bank's shareholders, although they have not been prosecuted, and handling of the high-profile case has been seen by the international community as a litmus test of Kabul's desire to rein in corruption.

In the wake of renowned bank scandals and financial embezzlements, the international institutions had lost their confidence, undertaking any consignment with afghan banks and donor countries hesitant to grant financial supports to poverty stricken country. It was hence, centrally commanded, the anti-money-laundering draft be signed into law, already approved by the parliament.

The law has 10 chapters and 70 articles. The chapter two significantly talks of prevention of money laundering and financing of terrorism. The purpose of this law is to prevent and prohibit the use of financial institutions or any economic activities for money laundering and for the financing of terrorism.

 For the past three years, the Financial Action Task Force (F.A.T.F.), an intergovernmental body that helps to combat money laundering and the financing of terrorism, have been pushing the country to adopt a law that meets global standards. The central bank, alike urged Karzai to sign the draft anti-money laundering law as soon as possible to prevent Afghanistan’s banks from being blacklisted. 

This important undertaking might be assertive avertting the chances of Afghan bank being blacklisted by Financial Action Task Force (FATF) in France, where Syria and Myanmar have already reserved a room. Inclusion on the blacklist, technically known as the “high-risk and non-cooperative jurisdictions” list, would harden international companies and financial institutions to do business with Afghanistan without legal risk to them.