Act No. 1 of year 2000

The legislator in Article 70 of the Reorganization of Certain Terms and Procedures of Litigation in Personal Status issued under Act No. 1 of year 2000 "the public prosecution may, when reviewing a dispute over child custody or a temporary custody to make its decision based on the best interests of the child." 

money laundering and financing of terrorism

What Is Money Laundering?

The process of taking the proceeds of criminal activity and making them appear legal.

The differences between money laundering and financing of terrorism:

Financing of terrorism	Money laundering
To finance illegal terrorist activity	Making dirty money clean	Purpose
Illegitimate and legitimate	Illegitimate	Source of funds
Does not require a predicate crime	Perpetrators of predicate offences and their accomplices	Perpetrators
Does not require the occurrence of a predicate crime	Requires the occurrence of a predicate crime	Criminalization
Does not require a large sum of money	large sum of money	Amount of funds
Not required to be complex	High complexity	Degree Of Complexity

Similarities between money laundering and financing of terrorism

Methods

Confidentiality

International character

The Egyptian legislative framework for money laundering

A law was issued against money laundering No. 80 for the year 2002 dated May 22, 2002 the Law was amended three times as follows

By virtue of Law No. 78 for the year 2003

By virtue of Law No. 181 for the year 2008

By virtue of Law No. 36 for the year 2014

The elements of  money laundering crime

Predicate offense

 Subject of money laundering crime

The Material element

The Moral element

Predicate offense

The old trend of the Egyptian legislator: is to determine the predicate offenses involved in money laundering activities.

The modern trend: the Egyptian legislator did not adopt the old trend but set a provision define the predicate offenses as:

(Every act that constitutes a felony or misdemeanor under Egyptian law, whether the crimes are committed within the Egyptian territories or abroad, provided that such crimes are penalized by both Egyptian and foreign laws)

Subject of Money laundering crime

if the funds are the proceeds of predicate offense.

The Egyptian legislator defines such funds as

(The national currency, foreign currencies, securities, commercial papers, any valuable items, whether real estate or tangible or intangible movable property, or any rights related thereto, and deeds and documents evidencing any of the said rights)

The Material element

Any conduct involving the acquisition, holding, disposing of managing, keeping, exchanging, depositing, guaranteeing investing, moving or transferring funds, or tampering with their value or to conceal funds, alter the nature, source, location, ownership, any interest therein, change the reality, or prevent the discovery thereof or impede the identification of the perpetrator of the crime where from such funds are generated.

The Moral element

Money laundering is an intentional crime is constituted where the criminal intent is established of its aspects; as of the perpetrator’s knowledge, and will. It is established when the money launderer knows that such funds are the proceeds of any of the crimes stipulated in Article (2) If criminal ignores the origin of the money, in that case, the criminal intent is not established for lacking one of its aspects;

The moral element for a crime is established only if the specific criminal intent exists, the availability of the general criminal intent is not enough. The specific criminal intent is established if criminal, when committed the crime, has requisite intent to conceal funds, alter the nature, source, location, ownership, any interest therein; or change its reality; prevent reaching the perpetrator of the predicate offense

Egyptian Anti-money laundering regulators and its obligations

Supervisory Authorities

Law enforcement Authorities

Money Laundering Combating Unit (MLCU)

The Egyptian Public Prosecution

First: Supervisory Authorities

 1-What are supervisory Authorities

Central Bank of Egypt (CBE)

CBE supervises banks operating, foreign exchange entities and the entities licensed to deal in foreign currency and money transfers

Egyptian Financial Supervisory Authority (EFSA)

  Subject to its jurisdiction the Egyptian Stock Market, real estate finance and insurance companies

Ministry of Communications and Information Technology (MCIT

MCIT supervises the postal saving funds

Ministry of Commerce and Industry

Supervises the entities performing transactions regarding valuable metals and precious stones, as well as real estate brokerage activities

The function of the Supervisory Authorities

Checking the commitment of the financial institutions regarding combating money laundering

Coordination with the Money Laundering Combating Unit to establish supervisory control

Verifying the financial institutions in implementing systems for the identification of its customers in coordination with the Money Laundering Combating Unit

Developing plans and training programs for the employees of the Authorities concerned with combating money laundering crime

Egyptian Law enforcement Authorities

Every Authority falls within its legal competence the acts of combat and investigate all crimes, including money laundering crimes.

Such as:

Ministry of Interior

          Administrative Control Authority

          National Security Agency

The function of these Authorities:

Exchange of information and coordinating with the Money Laundering Combating Unit 

Assist in the investigation and examination procedures

Notifying the Money Laundering Combating Unit when there is a suspicion of money laundering activity

The Money Laundering Combating Unit. (MLCU)

Establishment:

According to Article 3 of the Anti-money Laundering Law No. 80 of 2002, MLCU is an independent unit functioning within the Central Bank of Egypt (CBE)

The formation of the unit

The Unit is composed of Council of Trustees that granted an independence from the State institutions.

The Unit's Council of Trustees is responsible for managing its affairs.

The Unit comprises of a sufficient number of experts and specialists in the field of combating money laundering

Responsibilities of the Money Laundering Combating Unit

Develop Suspicious Transaction Reports' models and instructions on filling it

Receiving notifications

Establishment of a database

Examination

Requesting information from the financial institutions

Exchange of information with counterpart units (Egmont Group)

Requesting inquiries from Law enforcement agencies

Notifying the Public Prosecution of reports or indications of the occurrence of money laundering

Request for provisional measures

 The role of the Public Prosecution

undertake investigation and examination of reports and information received thereby

Issuing an  asset freezing orders to prevent the defendant from disposing of his assets

Disclosing of account data and balances

Forming a committee of banking supervision and control sector within the Central Bank in order to examine the bank accounts and bank transfers of the accused and prepare a report to be submitted to the Public Prosecution

Referring the papers of the case to the Criminal Court in case of conviction

Regional and international cooperation with counterparts

Training of staff in coordination with the Money Laundering Combating Unit

The difficulties facing the investigation process of the money laundering crime:

The problematic of the connection between the money laundering crime and the  predicate offense

Do we have to investigate the predicate offense with the money laundering crime or can we investigate each separately?

Is the issuing of conviction  judgments in the predicate offense essential to punish the accused for the money laundering crime?  

The effect of judgment of acquittal or case closing order in the predicate offense on the money laundering crime investigations

The problematic of seizing the funds subject of the money laundering crime

Difficulties concerning international cooperation procedures and judicial assistance requests

Extending the investigation procedures in order to track such funds

The way the Egyptian legislator followed to overcome this problem (Replacing the confiscation penalty with additional fine)

Its impact on the investigation conducted by the public prosecution.

Translation by Heba Musa

Article 20 of Act No. 25 of year 1929 as amended by Act No. 100 of year 1985 and Act No. 4 of year 2005

The last paragraph of Article 20 of Act No. 25 of year 1929, as amended by Act No. 100 of year 1985 and Act No. 4 of year 2005 "The mother may lose custody when the child turns 15 years old then they recognize an order of preference of alternate adult custodians with priority given to the mother’s family in the following order: maternal grandmother or great-grandmother; paternal grandmother or great-grandmother; maternal aunt; paternal aunt; maternal niece; paternal niece.  If these relatives do not exist, the right of custody shifts to a male in the following order of priority:  maternal grandfather; maternal brother; maternal nephew; paternal brother". The woman is favored because of the child's need to a woman taking care of him/her, as long as she deemed to be a "fit" mother.

Translation by Heba Musa

The Public Prosecution

Chapter One

The Public Prosecution

Article 1:

The Public Prosecution is a constituent branch of the Judicial Authority. It represents and acts on behalf of the society. Moreover, being the authority that is always committed to maintaining the public interest and the implementation of the law.

Article 2:

The Public Prosecution is vested with exclusive authority and responsibility for carrying out criminal investigations.

Article 3:                                         

The Public Prosecution initiates the criminal case by following up its progress before the courts of law until the issuance of the final judgment.

Article 4:

In addition to the above-mentioned, the Public Prosecution carries out all the other terms of reference provided for by law, or required by its administrative function.

Chapter two: The Prosecutor General

Article 5:

The Public Prosecution is presided over by the Prosecutor General, who is elected by the Supreme Judicial Council, from and among the Vice-Presidents of the Court of Cassation, the Presidents of the Courts of Appeal or the Deputy Prosecutor Generals, and appointed by a decree of the President of the Republic for four-year term, or for the remaining period until he reaches retirement age, whichever is earlier, for one time during the period of his tenure.

Article 6:

The Prosecutor General is the representative of the Social body in initiating criminal proceeding and follows its progress until the issuance of the final judgment.

Chapter three: The formation of the Prosecutor General's Office

Article 7:

The Prosecutor General's Office supervises the Public Prosecution's affairs, and has the judicial and administrative authority over its members.

Article 8:

The Prosecutor General appoints the Deputy Prosecutor Generals, who undertake the terms of reference which they are entrusted with and perform such other functions as may be assigned to them by him.

Article 9:

The Prosecutor General is substituted, during his absence, when his post is vacant or his inability to perform his functions by the senior of all the Deputy Prosecutors General, who shall have all his powers.

Article 10:

The Prosecutor General's Office is formed from a sufficient number of members of the Public Prosecution, that selected by the Prosecutor General.

Chapter Four: The terms of reference of the Prosecutor General and the members of his office

Article 11:

The jurisdiction of the Prosecutor General and his deputies and the members of his office, include the authority of investigation and prosecution within the whole territory of the Republic, and all the crimes committed in any territory.

Article 12:

The Prosecutor General carries out his powers, and he is entitled to entrust any of the members of his office to carry out on his behalf the terms of reference which are not conferred upon him.

Article 13:

In order to achieve the requirements of the judicial and administrative supervision over the Public Prosecution, the Prosecutor General has the exclusive authority of the following:

a-      Transferring of the members of the Prosecution to the Court's circuit which they are appointed at.

b-     The assignment of the members of the Prosecution outside the court they are appointed at, for a period not exceeding six months.

c-      Giving warning to the member of the Prosecution who breached his duties after hearing his statements. The warning can be verbal or in writing.

d-     Filing a disciplinary action against the members of the Public Prosecution and suspend the member who is being investigated until the disposition of the disciplinary action.

e-      Exercising the authorities of the Minister and the undersecretary of the Ministry, which are prescribed by the law and regulations regarding the employees of the Public Prosecution.

f-       Requesting to bring a disciplinary action against the employees of the Prosecutions and suspend them. Moreover, authorize days off and impose the warning sanction and salary deduction. 

Article 14:

The Prosecutor General carries out and the members of his office the following jurisdictions:

a-      Overseeing the prisons and other places where the criminal judgments are implemented by visiting it and review its books and contact any of the prisoners.

b-      Supervising the work related to the courts' finance.

c-      Supervising the collection, keeping and cashing of fines and other types of fees prescribed by the laws.

d-     Authorizing the visiting of the prisoners.

e-      Issuing orders for preventive detention against the defendants in criminal cases, should the circumstances requires       .

f-       Implementation of the enforceable judgments rendered in criminal cases.

g-     Care for the interests of the devoid of discretion, incompetent person and absentees and issue retention on their assets and overseeing its management in accordance with the provisions of the law.

h-     Issuing criminal orders in offenses where imprisonment is not required by the law.

i-       Issuing temporary decisions in tenure disputes.

j-        Attending the General Assemblies of the courts, and express opinion on matters that relate to the work of the Public Prosecution, and invite the General Assembly to any court to convene.

k-     Submitting the death penalty cases before the Court of Cassation together with the memorandum of opinion on these judgments.

l-       Determination on extradition requests, mutual legal assistance requests and transfer of sentenced persons which submitted from abroad as provided by the constitution, the law and the international conventions ratified by the State and entered into force.

m-   File criminal cases against employees, public officials or judicial officers for crimes committed by them during or because of their job.

n-     Cancel the order issued by the Public Prosecution regarding the suspend of the judicial inquiries during the following three months of its issuance, or the appearance of a new evidence which was not stated in the documents.

o-     Submitting petition to reconsider final judgments in criminal cases for the cases set forth in the law.

p-     Appeal the judgments rendered in criminal cases and challenge for cassation.

q-     When necessary and in case of urgency, issuing a temporary order to prevent the accused, his spouse or minor children from disposing or managing their assets, and submit the matter before the competent Criminal Court at the legally specified dates, requesting  Money Reservation order as a result of sufficient evidence against the accused.

r-       Requesting an order from the Cairo Court of Appeal to review any data or information related to the accounts, deposits, trust funds or bank custody and disclose it.

s-      Place the defendants' names on the travel ban list in case there is a serious risk that they will flee.

Translated by Heba Musa

21/2/2016 

Harassment Law

The anti harassment law issued last year following the increase of the harassment incidents in the Egyptian society. A deterrent penalties to that phenomenon were drafted, Which resulted a noticeable decline in committing those crimes. The law criminate accosting others in a private, public, or frequented place with acts, gestures, or suggestions that are sexual or obscene, verbally, physically or through other non-verbal means or actions, including modern means of communication. the penalties of such acts are ranging from imprisonment from one year to five years.

Articles of the anti-drug law

Article 1/1

All substances set forth in table number (1) annexed to the present law, within the application of this law, shall be of narcotic material;

Article 2

There shall be a ban on whoever brings, exports, produces, possesses, owns, sells narcotic substances or exchanges or gives in any capacity narcotic drugs or  intervene as a mediator except in cases provided therein and under conditions set forth;

Article 3:

Narcotic substances shall not be brought or exported unless under a written authorization by the competent administrative unit;

Article 33/ A, D:

a) Anyone who smuggles or brought narcotic substances without a permit from the competent authority as set out by the law shall be punished by death and a fine not less than L.E. 100,000 and not exceeding L.E.500, 000

d) whoever (even from abroad) takes part in a composition, managing, organization, joining, or accomplice a gang that have the trade of narcotic substances, serving narcotic substances for addiction or committing any of the crimes provided herein among its goals inside the country;

Article 42 / 1

 Without prejudice to the rights of the good-faith third parties and in all cases; the narcotic substances and plants its seeds, money proceeded thereof, tools used and vehicles used in the transport or transfer thereof shall be forfeited.