Law

The declaration of Crypto assets as a financial product – What does this mean?

On 19 October 2022, the crypto asset were declared as a financial product under the Financial Advisory and Intermediary Services Act, 2002 (“the Act”).  In effect this means that: Any person furnishing advice or rendering intermediary services in relation to crypto assets must be authorised under the FAIS Act as a financial services provider (FSP); …

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ENACTMENT OF KEY ANTI-MONEY LAUNDERING AND COMBATING OF TERROR FINANCING LAWS

6 January 2023 President Cyril Ramaphosa has recently signed into law two key Acts of Parliament, namely the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (“General Laws Amendment Act”) and the Protection of Constitutional Democracy Against Terrorism and Related Activities Amendment Act, 2022 (“POCDATARA Amendment Act”). This is a significant step …

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Feedback from the Terrorist Financing Risk Assessment Workshop for NPOs in South Africa

8-9 December 2022 CIBA participated in the second instalment in a series of events for the project to complete a Terrorist Financing Risk Assessment (TF SRA) for the NPO sector. The project is undertaken with the technical assistance support of the EU AML/CFT Global Facility and the Greenacre Group. The workshop included representatives from the …

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Amendments to Financial Intelligence Centre Act Schedules

30 November 2022 The Schedules in the Financial Intelligence Centre Act, 2001 (Act 38 of 2001) (FIC Act) were amended with changes coming into effect from 19 December 2022. The changes will significantly increase the number of sectors included as accountable institutions in Schedule 1 to the FIC Act. Additional sectors will improve the FIC’s …

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Promulgation of new Preferential Procurement Regulations

On 4 November 2022, the Minister of Finance promulgated the Preferential Procurement Regulations, 2022 (2022 Regulations) in terms of the Preferential Procurement Policy Framework Act 5 of 2000 (PPPFA). On 8 November 2022 National Treasury published a media statement regarding the new regulations here. Importantly, the National Treasury media statement said the 2022 Regulations would …

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SAIBA submission on the General Laws Amendment Bill

26 October 2022 The General Laws Anti-Money Laundering and Combating Terrorism Financing) Bill aims to strengthen South Africa’s legislative framework to fight against money laundering and terrorist financing. It proposed amendments to the following laws: Trust Property Control Act, 1988: Minister of Justice and Correctional Services Nonprofit Organisations Act, 1997: Minister of Social Development Financial …

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Mandatory Energy Performance Certificates Deadline for Buildings

The due date for landlords and property owners is less than 2 months to obtain and display Energy Performance Certificates (EPC). The due date to comply with is 7 December 2022. EPCs are now mandatory for private, non-residential, non-industrial buildings with a total net floor area of over 2000sqm, and government buildings of over 1000sqm. Section 19(1)(b) of the …

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Greylisting by FATF is a real threat for South Africa

South Africa is on the verge of being greylisted by the Financial Action Task Force (FATF). FATF is the global money-laundering and terrorist financing watchdog, responsible to set international standards and assess technical compliance. It also assesses the effectiveness of frameworks put in place, for instance, whether prosecutions have taken place for money laundering or …

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