Principle 3: controlling intermediaries
The third principle consists in controlling the intermediaries — agents, business introducers, local partners, shell companies — through which corrupt payments frequently pass. The Gunvor, Glencore and Trafigura cases, described in Part H, all involved intermediaries whose commissions concealed bribes. The compliance programmes of traders and banks must identify each intermediary, verify its identity and reputation, establish that its services are genuine and its remuneration proportionate, and check the destination of payments.
This principle also applies to Geneva advisers. A lawyer, a fiduciary or a manager who sets up structures for an African client, opens accounts or executes payments must satisfy himself that he is not lending his assistance to a corruption or money-laundering scheme. The revision of the Anti-Money Laundering Act adopted in 2025 extends its obligations to these activities. Past cases have shown that advisers can be held liable.
For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of September 2025.