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‘Anti-money Laundering Law and Policy as a double edged Sword!’
(Norman Mugarura (Ph.D.), 2022) Norman, Mugarura
The thesis of this paper was drawn from the author’s presentation to security agencies in Kampala in August 2019.2 In his presentation, the author opined that investigations into money laundering offences should be triggered when a financial institution forms suspicions of potential money laundering offences to have been committed. 3 Some of the questions he sought to answer during the presentation was whether sharing information on “accountable persons or the regulated sector” in Uganda’s AML 2013 with newspapers before investigations are concluded doesn’t amount to tipping off presumed money laundering culprits? How should investigations be conducted? The foregoing questions call upon oversight agencies not to be overzealous when conducting investigations into suspicious money laundering transactions but to ensure caution and desired due diligence. This proposition does not mean that oversight agencies like Bank of Uganda (BoU) or the Financial Intelligence Authority (FIA) or any other oversight agencies for that matter should not carry out the required investigations. It should also be noted that banks are bound by contracts with clients and therefore ill-advised disclosure of information to a newspaper could amount to a breach of contract. Information can only be shared under compulsion by the law or to protect the public from harm, which is the main responsibility of security agencies.4 What happens if “accountable persons or those the Statute is designed to regulate” who are being investigated and have been published in newspapers are found to be innocent after they have been named and shamed? This would jeopardize the interests of the bank involved in many ways, not least that it could find itself involved in protracted costly litigations. The purpose of the paper is therefore to articulate the intricate balance of the need for regulation and ensuring that businesses are able to operate with minimal interference.
‘Anti-money Laundering Law and Policy as a double edged Sword!’
(Emerald, 2019) Norman, Mugarura
The thesis of this paper was drawn from the author’s presentation to security agencies in Kampala in August 2019.2 In his presentation, the author opined that investigations into money laundering offences should be triggered when a financial institution forms suspicions of potential money laundering offences to have been committed.3 Some of the questions he sought to answer during the presentation was whether sharing information on “accountable persons or the regulated sector” in Uganda’s AML 2013 with newspapers before investigations are concluded doesn’t amount to tipping off presumed money laundering culprits? How should investigations be conducted? The foregoing questions call upon oversight agencies not to be overzealous when conducting investigations into suspicious money laundering transactions but to ensure caution and desired due diligence. This proposition does not mean that oversight agencies like Bank of Uganda (BoU) or the Financial Intelligence Authority (FIA) or any other oversight agencies for that matter should not carry out the required investigations. It should also be noted that banks are bound by contracts with clients and therefore ill-advised disclosure of information to a newspaper could amount to a breach of contract. Information can only be shared under compulsion by the law or to protect the public from harm, which is the main responsibility of security agencies.4 What happens if “accountable persons or those the Statute is designed to regulate” who are being investigated and have been published in newspapers are found to be innocent after they have been named and shamed? This would jeopardize the interests of the bank involved in many ways, not least that it could find itself involved in protracted costly litigations. The purpose of the paper is therefore to articulate the intricate balance of the need for regulation and ensuring that businesses are able to operate with minimal interference.
The BRICS, World Bank and IMF Quest to Promote Economic Development of Countries
(Bishop Stuart University, 2023) Mugarura, Norman
The term “BRICS” represents a group of five emerging economies of Brazil, Russia, India China and South Africa, which started in 2009. These economies have caught the attention of literally everyone-- international financial law practitioners, political scientists, countries, international organizations and other stakeholders. The emergency of a unified geopolitical bloc, started to reframe international financial outlook with a new set of new ideas and values. include reforming the global financial and economic architecture, strengthening the principles and standards of international law in many sectors of their economies. The paper highlights prospects and challenges that lie ahead of BRICS countries to fully realize their mandate and to co-exist with the World bank and International Monetary Fund (IMF). The World Bank and IMF have supported economic development of countries since their inception, I however do not see any harm posed by the introduction of more capital from BRICS, it should be received with both hands. There are looming prospects for expansion of BRICS, countries like Argentina, UAE, Mexico, Algeria and Saudi Arabia have indicated their desire to jump on BRICS bandwagon, the current Russian-Ukraine war remains a big challenge, not least that it has threatened to suck in all BRICS members into this war. The paper finds that as global dynamic challenges continue to mutate, nothing should preclude countries from working together to find lasting solutions to their common challenges. Some BRICs Nations are also beleaguered with high levels of corruption in public offices, they will need to seriously address this challenge, if they are to offer a robust development agenda for emerging markets to supplant the Bretton Wood Institutions. This paper was written, guided by three specific objectives: (i) Examine the rationale for launching the BRICS development initiatives and potential conflict with the World Bank and IMF. (ii) Discuss the mandate of the World Bank and IMF in fostering economic development especially developing countries. (iii) Explore potential areas of conflict between the Bretton Wood Institutions and BRICS to co-exist in their varied development mandates towards member countries. The paper has established that while nothing precludes BRICS offering alternative funding mechanisms to their members, they will need time to fully realize their objectives. Establishment of the BRICS signifies that its high time the World Bank and International Monetary Fund (IMF) have adopted desired reforms, if they are to remain influential today.
Can state prioritise environment protection
(New Vision, 2023) Norman, Mugarura
CAN TAX AVOIDANCE IN AFRICA BE AVOIDED?
(Norman Mugarura (Ph.D.), 2023) Norman, Mugarura
Cheques and other documents intended to enable a person to obtain payment
(Uganda Law Watch, 1998) Grace.Patrick, Tumwine-Mukubwa
COURTS AND THEIR CONSTITUTIONAL DUTY TO PROTECT FUNDAMENTAL RIGHTS
(Makerere University Human Rights and Peace Centre, 2004) G.P, Tumwine-Mukubwa
Financial Service Regulation and Financial Inclusion in Uganda
(New Vision, 2023) Norman, Mugarura
The surveys were carried out in 2006, 2009 and 2013 by Finscope to correlate whether the improved regulatory environment for financial services had a corresponding effect on increased demand, access to financial services and products in Uganda or not. The indicators of financial inclusion in 2013 survey included (i) access to formal and informal financial services and products (ii) savings and investment, (iii) credit and borrowing, (iv) remittances and money transfer and (v) insurance and financial literacy. In 2013, the survey results indicated that 54% (compared to 28% in 2009) of the Ugandan adult population (those 16 years and above) had access to bank and non bank financial service institutions. An increase in the use of formal non-bank financial services such as insurance and mobile money services were responsible for enhanced access to financial services in Uganda. For instance, the use of formal non-bank services increased from 20% in 2009 to 52% in 2013 and this trend has been in ascendance. There was an uptake in financial inclusion in Uganda from 70% in 2009 to 85% by 2013 with 20% of the adult population (3.4 million adults) having access and use of formal regulated financial intermediation services. Approximately 34% of the population had access to non-bank formal services as opposed to formal banks. In this same vein, it was found that 5.1 million adults, (which constituted 31% of the adult population in Uganda) preferred to use only formal financial institutions as opposed to the informal financial products and services.
The Global Anti-Money Laundering Regulatory Landscape in Less Developed Countries
(Routledge, 2016) Mugarura, Norman
The book has been precisely written to strike a balanced approach to the study of money laundering in the asymmetric global marketplace. It underscores the importance and challenges of harnessing a global anti-money laundering framework, taking into account the dynamics of development in less developed economies. In conceptualizing the need for a global anti-money laundering framework, the book highlights a dichotomy of challenges. First, there are challenges in relation to the dynamics of the market economy such as deregulation, liberalization and conflict of laws. Secondly, there are challenges inherent in the domestic economy such as corruption, general systemic failure and lack of infrastructural capacity. In deconstructing the aforementioned challenges, the book delineates a need to consolidate the existing global anti-money laundering/ combating the financing of terrorism (AML/CFT) framework so that it is capable of delivering the envisaged AML/CFT standards globally. For the global anti money laundering framework to work globally, it should be designed with an ethos which reflects the prevailing global climate in which it operates.
Implementation of Biological Diversity Conservation Treaties in China
(Bishop Stuart University, 2023) Kabaseke, Charlotte
Biological Diversity, among its very diverse advantages has been pointed out as key for achieving environmental sustainability. It has however been noted that biological diversity across the globe is being depleted. The international community responded by developing several international treaties for biological diversity conservation, including the Convention on Biological Diversity (CBD) and the Ramsar Convention. China is very rich in biological diversity and is party to the Conventions. In addition, China has in place several laws as well as protected areas to ensure the conservation of biological diversity. This notwithstanding, China still faces biological diversity depletion. This has been attributed to among other factors, over population and industrialization. This article therefore seeks to critically analyze the efficacy of the CBD and Ramsar Conventions is ensuring Biological Diversity Conservation. The paper further analyses the extent to which China has achieved its obligations under the conventions. The paper concludes that the treaties, whereas a very good development, have some weakness. In addition, whereas China has done well in meeting its obligations under the treaties, it still faces some challenges. The article among others recommends that China should embrace public participation in ensuring biological diversity conservation. In achieving its objectives, the article adopts the doctrinal method of research.
IT’S TIME AFRICAN COUNTRIES UTILIZED THE WTO, DISPUTE SETTLEMENT UNDERSTANDING MORE TO LEVERAGE THEIR INTERNATIONAL TRADE INTERESTS
(Bishop Stuart University, 2023) Mugarura, Norman; Haawa, Ruhweza
The paper deconstructs the law relating to WTO, Dispute Settlement Mechanisms (DSMs) to establish why African Countries have failed to harness it to leverage their international trade Interests. There is compelling evidence to affirm that many African Countries are marginalized in international trade because many odds including failure to harness the WTO Dispute Settlement are stacked against them. The ability of African Countries in international trade has been saddled by many factors that characterize Less Developed Countries. The Uruguay Round (1986-94) introduced many changes such as the reduced timelines (from when disputes are initiated to when they are disposed of), admission of third parties to represent poor Countries which may be deficient in requisite capacity to handle the complexity of the World trade disputes mechanisms. This paper posits that the marginalization of African Countries in the World trade system is partly caused by inherent factors that saddle them as Less Developed Economies. We adopted hybrid doctrinal and qualitative methodological approaches by way of reviewing WTO relevant Agreements, existing literature and evaluating evidence in the context of objectives for writing the paper. The findings corroborate that African Countries have been sidelined in international trade system because they have not utilized the Dispute Settlement Understanding Agreement to leverage their international trade interest well.
“It’s time African Countries utilized the WTO, Dispute Settlement Understanding more to leverage their International Trade Interests.”
(2022) Norman, Mugarura
The paper unravels the law relating to WTO, Dispute Settlement Understanding, pointing out why African Countries have failed to harness it to leverage international trade Interests. The ability of African Countries in international trade has been saddled by many factors that characterize Less Developed Countries. The Uruguay Round (1986-94) introduced many changes such as the reduced timelines (from when disputes are initiated to when they are disposed of), admission of third parties to represent poor Countries which may be deficient in requisite capacity to deal with the complexity of the World trade disputes. The paper articulates that the marginalization of African Countries in the World trade system is partly caused by their inability to harness the Dispute Settlement Measure out whys and other inherent factors that saddle them as Less Developed Economies. We adopted a qualitative research methodology, reviewed existing literature and empirical evidence to foster the objectives for writing the paper. There is ample evidence that African Countries have been sidelined because they have not utilized the Dispute Settlement Understanding to leverage their international trade interests
A Legal Analysis of the Electoral Process in Uganda During the 2021 General Elections
(East Africa Law Society eals institute, 2022) Charlotte, Kabaseke; Speciouza, Birungi
It is the right of every citizen to participate in the governance of their countries, through many ways, including the right to vote as exercised through free and fair elections. Elections in Uganda have had a history of irregularities. This is so, notwithstanding the existence of a legal framework that enables a free and fair electoral process. This article seeks to analyse the electoral process from a legal perspective examining the extent to which Uganda conducted its recently concluded elections in accordance with the law. The article further examines the challenges and lessons learned from the elections and makes recommendations on ways of enhancing the electoral process in Uganda.
A Legal Analysis of the Electoral Process in Uganda During the 2021 General Elections:
(East Africa Law Society eals institute, 2021) Charlotte, Kabaseke; Speciouza, Birungi
It is the right of every citizen to participate in the governance of their countries, through many ways, including the right to vote as exercised through free and fair elections. Elections in Uganda have had a history of irregularities. This is so, notwithstanding the existence of a legal framework that enables a free and fair electoral process. This article seeks to analyse the electoral process from a legal perspective examining the extent to which Uganda conducted its recently concluded elections in accordance with the law. The article further examines the challenges and lessons learned from the elections and makes recommendations on ways of enhancing the electoral process in Uganda.
Opening the floodgates of the Jurisprudence of free expression
(Makerere University Human Rights and Peace Centre, 2005) Grace.Patrick, Tumwine-Mukubwa
Special Customers and Accounts of Customers
(Uganda Law Watch, 1998) Grace Patrick, Tumwine-Mukubwa
‘STATES AND MARKETS AS TWO SIDES OF THE SAME COIN’
(2022) Norman, Mugarura
This chapter provides an elaborate exposition of the law and its application bridging the gap between markets and in so doing enables them to co-exist in fostering desired markets discipline and stability. The term law can used to connote many things, for this reason, the law used to refer to the rules governing global markets. The law in its varied contexts is a subset of politics and therefore whether one is talking of market rules or the law in other respect, the law is a reflection of prevailing political climate in a country and other regulatory domains. The analysis of the law and its usage in regulation of global markets will be limited to interstate agreements adopted by states to govern global markets such as the WTO, IMF and the World Bank and other oversight institutions. The market can be understood in the context of emerging regional initiatives such as the EAC, the WTO rules and those engendered by other supranational initiatives. It is an inescapable fact that the relationship between states and markets is complimentary and mutually reinforcing to the extent that when the market sneezes, the state catches the cold literally speaking. What remains sacrosanct is that there is no market without the state and vice versa, meanwhile, they both need the law as a bridge to co-exist in their respective regulatory domains. The law helps to create the space where markets and states work together harmoniously without overlapping each other’s regulatory roles. The author has drawn examples from the East African Community and the European Union member countries to tease the relationship between states and markets (which are literally two sides of the same coin). The irony however is that most of global regulatory regimes are evolved at the periphery of the State, (for example in Brussels for the case of EU Countries) but implemented within the state. The foregoing challenge tends to create tensions/challenges in implementation of engendered market rules conflict with the constitutional mandate of sovereign states. Desired market rules are evolved either at a regional level such as the East African Community (EAC) or the European Union (EU) or at a global level such as the WTO oversight rules on trade. It worth noting that while the State has seemingly been emasculated by proliferating regional groupings, it still calls the shots and as such dictates the pace at which ratified treaties can be implemented and hence dictate the effectiveness of engendered global market initiatives. A good case in point is the recently concluded Brexit in EU whereby the United Kingdom invoked Article 50 of Lisbon Treaty (2009) and quit the EU.2 Thus, the ability of states to implement their international obligations often depends on the goodwill and the prevailing political climate within a state. The challenge has been that states have been emasculated by ceding constitutional powers to regional markets in areas erstwhile within its exclusive domain where it needs to have a strong presence. For examples, important laws on immigration control in Europe are decided in Brussels (the periphery of states) but implemented within member’s states notwithstanding the far reaching ramifications this has on member states in terms of jobs, housing and other social services provisions within a state.
THE WAR AGAINST CORRUPTION IS “A LOST CAUSE” WITHOUT ROBUST MEASURES TO REPATRIATE STOLEN ASSETS TO COUNTRIES OF ORIGIN
(2017) Norman, Mugarura
The paper discusses the impediments inherent in using anti-corruption laws to repatriate stolen assets to the victim state. It examines both state laws and the international legal frameworks aimed at overcoming these obstacles. The assets in question are accrued by public officials from the proceeds of corruption, money laundering, tax avoidance and other forms of illicit financial transactions in countries where they have been hidden. While less developed countries are often the countries of origin, destination countries of stolen assets tend to be developed Western countries. There is ample evidence showing that the recovery and repatriation of stolen assets to countries of origin is more easily said than done, given the barriers they face. Victim states not only suffer a loss of revenue as a result of economic criminality, but they also incur huge expenses in attempting to recover criminal assets, without any guarantee that they will succeed in doing so. In essence, this article looks into the generic issues related to asset recovery. It examines the approaches adopted by both common law and civil law jurisdictions in Africa with respect to the repatriation of stolen assets, and explores the practicality of harmonising anti-corruption laws across the African continent, as has been done amongst member states of the European Union.
“WHAT MORE CAN BANKS DO TO STOP THE GROWING THREAT OF BANK FRAUDS”
(2022) Norman, Mugarura
Banks deal in money and many other lucrative financial products, making them targets for criminal exploitation and attacks. You would have heard the adage that “crime follows opportunity” and since banks deal in lucrative financial products, there is a possibility to be targeted by criminals either from within or without as we have recently witnessed. With the spate of recent Bank frauds in Uganda, oversight agencies cannot sit back, they have a lot of leg work to reverse to ensure safety of bank assets and shareholders equity. One thing for certain is that criminals invest resources before they can raid banks and the banking system. Uganda Bankers Association (UBA) website provides information on how to stave off the growing threat of financial crimes. Other oversight agencies have also shared information via their websites on how to safeguard against financial crimes. However, it needs to be noted that there is no single safeguard measure that is a silver bullet. Banks and other financial institutions need to enhance their capabilities in real-time fraud-detection and to provide instant solutions once an attack has happened.
Where is the line between mabaati,corruption and money Laundering
(New vision, 2023-04-26) Mugarura, Norman

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