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Upholding Forex Regulations: Recent Convictions Shed Light

Stephen M.Cby Stephen M.C
January 8, 2024
Reading Time: 4 mins read
Stephen M.Cby Stephen M.C
in General News
0
Fintech and Innovation Office to Promote Fintech Innovation – Bank of Ghana

Bank of Ghana

In a significant development, the Asokwa Circuit Court 2 in Kumasi has handed down convictions to two individuals associated with Senyah Poku Enterprise, an unlicensed foreign exchange bureau operating in Patase, Kumasi. Senyah Poku and Yaa Serwaa have been fined six hundred penalty units each, equivalent to GH¢7,200.00, for their involvement in illegal foreign exchange activities.

The convictions follow an intensive investigation conducted by the Ashanti Regional Police Command, in collaboration with the Other Financial Institutions Supervision Department (OFISD) and the Security Department of the Bank of Ghana. The operation, which took place from October 29, 2023, to December 3, 2023, aimed to crack down on unauthorized foreign exchange operators in Kumasi.

Two additional suspects, Adam Isak and Alhassan Nuhu of Macowasi Forex Bureau, are currently awaiting trial for operating an unlicensed foreign exchange bureau on the KNUST Campus in Kumasi. Their case emphasizes the ongoing challenges faced by regulatory authorities in curbing illegal forex operations.

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The charges brought against the convicted individuals include “Conspiracy to Engage in the Business of Dealing in Foreign Exchange Without License” and “Engaging in the Business of Dealing in Foreign Exchange Without License.” These legal actions underscore the gravity of unauthorized forex trading, reinforcing the necessity for stringent regulatory measures to maintain the integrity of the financial system.

Court room 1
Court

In contrast to these convictions, the Bank of Ghana (BoG) has recently authorized 16 Foreign Exchange (FX) brokers to operate on the Ghana Interbank Forex Market from January 1 to December 31, 2024. This move aligns with section 3.13.1 of the Ghana Interbank Forex Market rules, requiring local and international FX brokers to obtain annual approval from the central bank.

“Local and International FX Brokers who want to operate in Ghana’s forex market are required to obtain prior approval from the Bank of Ghana at the beginning of every calendar year. The Bank of Ghana shall publish a list of approved Local and International FX Brokers on its website.”

3.13.1 of the Ghana Interbank Forex Market Conduct, 2019

The authorized FX brokers include Black Star Brokerage, CSL Capital, Fenics MD, ICAP Broking Services South Africa, Obsidian Archerner, Regulus, Sarpong Capital, Savvy Securities, and Terika Financial Services Ltd. Others are Serengeti Limited, IC Securities, GFX Brokers, Laurus Africa, Shadeya Investments, Apakan Securities, and SIC Brokerage.

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While acknowledging the authorization, the Bank of Ghana reiterated its authority to delist any authorized FX broker for non-compliance with the FX Act and the Interbank FX Market Conduct rules. The central bank also emphasized that authorized FX brokers should not engage directly with corporate entities and must refrain from buying or selling foreign exchange for their accounts or holding, borrowing, or lending foreign exchange to authorized market participants.

These regulatory measures highlight the importance of upholding standards and ensuring compliance within the forex industry. The recent convictions serve as a stark reminder of the potential risks associated with unauthorized forex trading, underscoring the need for a robust regulatory framework to safeguard the financial stability of the nation.

Foreign Exchange Bureaus

Foreign exchange bureaus play a pivotal role in the economic landscape, acting as intermediaries in the currency market and facilitating essential financial transactions. These entities serve as the go-to platforms for individuals and businesses seeking to exchange one currency for another, contributing to the smooth flow of international trade and commerce.

Cedi Ends Last Week Stronger In Retail Markets Amid Interbank Dip
Cedi and dollar

Forex bureaus offer a level of convenience that goes beyond what traditional banks provide. With a focus on currency exchange, they streamline the process, providing competitive rates and quick services, thus promoting efficiency in cross-border transactions. This accessibility is particularly crucial for travelers and businesses engaged in global commerce, ensuring they have easy access to the currencies required for their transactions.

Moreover, forex bureaus contribute to price discovery in the foreign exchange market, playing a role in determining exchange rates based on supply and demand dynamics. This market-driven mechanism helps maintain a fair and transparent pricing system, fostering a healthy economic environment.

While acknowledging their importance, it is equally vital to ensure proper regulation and oversight to prevent illicit activities. Recent convictions of illegal forex bureau operators underscore the need for a robust regulatory framework to uphold the integrity of the financial system.

READ ALSO: Ghana’s Uninterrupted Constitutional Rule; 31 Years On

Tags: Asokwa Circuit Court 2Bank of Ghanaforeign exchange bureauForex MarketKumasi
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