Kenya Wants Cryptocurrency Regulated To End Drug Trade

Kenya has called for stringent regulation of virtual currency as one of the most effective strategies in securing its jurisdiction as a secure financial hub from illicit financial flows.

This was revealed during the ongoing 31^st Heads of National Drug Law Enforcement Agencies in Africa (HONLAF) in Abuja, Nigeria on Thursday, September 28.

Kenya is represented by the Ministry of Interior and National Administration, the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), the Pharmacy and Poisons Board (PPB) and the Financial Reporting Centre (FRC).

Speaking during the event, Kenya’s head of delegation to the meeting Beverly Opwora who is also the Secretary for National Administration in the State Department of Internal Security observed that the country has robustly pursued amendments to laws in appreciation of the dynamic money laundering risks related to predicate offences such as drug trafficking.

Prof Muteti shakes hands with the head of Nigeria Drug Law Enforcement Agency (NDLEA) CEO General (Rtd) Mohammed Buba Marwa. Looking on is Kenya's Head of Delegation Beverlyne Opwora. /PHOTO.COURTESY

“On this, we have proactively amended The Proceeds of Crime and Anti-money Laundering Act (POCAMLA) that has lessened the reporting time of suspicious activity from 7 days to 2 days in cognizance of the need for timely interventions. It has also amended the cash transactions threshold to fit within the Financial Action Taskforce (FATF) standards - USD 10,000 (Ksh1.5 million) to USD 15,000 (Ksh2.2 million),” she said.

Speaking at the same forum, the Acting Director of Financial Intelligence, Analysis and Reporting at the Financial Reporting Center in Kenya, Thomas Kathuli added that the amendment of the law has allowed the acquisition of intervention powers to preserve funds suspected to be linked to illicit financial flows.

“This is particularly critical in ensuring funds linked to drug trafficking are preserved immediately. We have also upscaled our activities towards updating the suspicious transaction reporting guide for reporting institutions to include the new emerging typologies to enable them to detect suspicious transaction activities,” said Kathuli.

According to Kathuli, financial investigations are crucial in detecting drug trafficking syndicates, the players involved, financial flows, assets involved, jurisdictions of operation and channels exploited.

Hence, the FRC not only furnishes law enforcement agencies with financial intelligence but also assists in the provision of information for ongoing cases and investigations. 

“It is difficult to know the source of funds sent as crypto to determine whether it is proceeds of crime or not. One can send virtual currency from anywhere and withdraw from ATMs immediately or via wallet mobile in small amounts that do not raise suspicion,” he said.

According to Opwora, there are issues that the government has observed in the typology and trend of illicit financial flows.

“Use of mobile money to receive payments related to the sale and distribution of narcotics. The funds are accumulated and withdrawn in cash. This method is preferred by perpetrators as it evades conventional banking and associated controls for cash deposits and withdrawals.

"We have also observed sending of money disgusting as payment of consultancy to jurisdiction known to be a source of narcotics drugs, as well as, mixing of proceeds of drug trafficking with proceed of business to disguise the source,” she revealed.

The rapid evolution of financial technologies and the increasing prominence of virtual assets have brought forth new challenges and opportunities for the financial sector.

There is concern that virtual assets can be abused to facilitate payments related to narcotics and drug trade. However, the Financial Reporting Centre has not received any suspicious reports on cryptocurrency used to facilitate drug trade in the country.