Namibia Country Profile - Legal Frameworks

I. Domestic Legislation

• Banking Institutions Act, 1998;
  
• Financial Intelligence Act, 2007;
  
• Anti-Corruption Act, 2003 (Act No.8 of 2003);
• Criminal Procedure Act, 2004;
  
• Namibian Constitution.
  

II. Bilateral TreatiesNamibia has treaties with the following countries:

• Extradition treaty with China (signed 2005, ratified 2007); and
• Extradition and MLAT with South Africa. 

III. Regional Treaties

Namibia is a party to the following regional treaties:

• SADC Protocol Against Corruption signed and ratified;
• SADC Protocol on Extradition and Mutual Legal Assistance in Criminal Matters: signed and ratified;
• SADC Protocol on Combating Illicit Drug (ratified).

Advocates the promulgation of legislation that provides effective measures for dealing with the proceeds of illicit drug trafficking including the tracing, freezing, seizure, confiscation and forfeiture of the proceeds and instrumentalities of drug crimes.

It further advocates the adoption of laws to provide for mutual assistance regarding investigations into illicit drug trafficking, confiscations and prosecutions, the extradition of offenders, the prevention and detection of laundered proceeds of illicit drug crime.

• African (AU) Convention on Preventing and Combating Corruption: signed December 2003 and ratified August 2004; and
• African Union Convention on the Prevention and Combating of Terrorism: signed and ratified.

IV. International Treaties

• UNCAC (Signed in December 2003 and ratified August 2004)
• Scheme relating to mutual assistance in criminal matters within the Commonwealth (including amendments made by Law Ministers in April 1990, November 2002 and October 2005)
• The London Scheme for Extradition within the Commonwealth (incorporating the amendments agreed at Kingstown in November 2002)
• United Nations Convention against Transnational Organized Crime (signed December 2000, ratified August 2002). This Convention requires member states to criminalize participation in an organised criminal group and the laundering of the proceeds of crime, to criminalise corruption and to adopt measures to combat it, to freeze, confiscate and forfeit assets, to extradite offenders, to render mutual assistance in transnational criminal matters and to foster international cooperation in law enforcement.