High Constitutional Court adopted Law No. 026/2023 on AML-CFT

The High Constitutional Court;

Given the Constitution, Given the law referred to;

Considering law n°2018-043 of February 13, 2019 on the fight against money laundering and the financing of terrorism;

Considering deliberation no. 02-HCC/DB of September 17, 2021 relating to the Internal Regulations of the High Constitutional Court, modified and supplemented by deliberation no. 03-HCC/D3 of October 28, 2021;

The rapporteur having been heard; After having deliberated in accordance with the law;

1. Considering that by letter n°014- PRM/SGP/SGA/DEJ/2024 dated January 15, 2024, filed and registered at the registry of the Court of this Court on January 16, 2024, Mr. President of the Republic Andry RAJOELINA seizes the High Constitutional Court in accordance with Article 117 of the Constitution for the purposes of reviewing the constitutionality, prior to its promulgation, of Law No. 2023-026 modifying and supplementing certain provisions of Law No. 2018-043 of February 13 2019 on the fight against money laundering and the financing of terrorism;

In the form:

On the admissibility of the referral Considering that according to article 116.1 of the Constitution, the High Constitutional Court “rules on the conformity with the Constitution of treaties, laws, ordinances and autonomous regulations”; that according to article 117 of the fundamental law “before their promulgation, organic laws, laws and ordinances are obligatorily submitted by the President of the Republic to the High Constitutional Court which rules on their conformity with the Constitution”;

3. Considering that Law No. 2023-026 amending and supplementing certain provisions of Law No. 2018-043 of February 13, 2019 on the fight against money laundering and the financing of terrorism was adopted by the National Assembly and the Senate in their respective sessions on December 13, 2023 and December 14, 2023;

4. Considering that it follows from the above-mentioned provisions that the said law is subject to compulsory review of constitutionality; that the referral made by the President of the Republic is regular and admissible in form;

Basically

5. Considering that the law referred to the review of constitutionality aims to define the rules aimed at preventing, detecting, interrupting and repressing all activities, for the purposes of money laundering, financing of terrorism, as well as financing of proliferation weapons of mass destruction, whether or not associated with money laundering; that it makes it possible to bring national legislation into compliance with the main recommendations of the FATF;

6. Considering that the law referred with its modifications does not contain any provision contrary to the Constitution;

CONSEQUENTLY DECIDED

Article 1.- The referral to the President of the Republic, regular in form, is admissible.

Article 2.- Law No. 2023-026 amending and supplementing certain provisions of Law No. 2018-043 of February 13, 2019 on the fight against money laundering and the financing of terrorism is consistent with the Constitution.

Article 3.-This decision will be notified to the President of the Republic, the Prime Minister, Head of Government, the President of the National Assembly, the President of the Senate and published in the Official Journal of the Republic.

Thus deliberated in a private hearing held in Antananarivo, on Wednesday January 31 in the year two thousand and twenty-four at ten o'clock, the High Constitutional Court being composed of:

Mr FLORENT Rakotoarisoa, President

Mr NOELSON William, High Advisor – Dean

Ms. RATOVONELINJAFY RAZANOARISOA Germaine Bakoly, High Advisor

Ms. RAKOTOBE ANDRIAMAROJAONA Vololoniriana Christiane, High Advisor

Ms. RAKOTONIAINA RAVEROHANITRAMBOLATIANIONY Antonia,High Advisor

Mr. MBALO Ranaivo Fidèle, High Advisor

Mr. RASOLO Nandrasana Georges Merlin, High Advisor

Ms. RAZANADRAINIARISON RAHELIMANANTSOA Rondro Lucette, High Advisor

Ms. ANDRIAMAHOLY RANAIVOSON Rojoniaina, High Advisor

And assisted by Maître RALISON Samuel Andriamorasoa, Chief Registrar.