CAMEROON Trends and Developments Contributed by: Michel Aaron Feugueng and Ida Tchamde Feugueng, Maaron Law Firm
The key insight is that the criminal investigation, if properly initiated and managed, effectively outsources the evidence-gathering phase of the fraud claim to the State – at no additional cost to the victim – while simultaneously creating an asset preservation frame - work through criminal seizures that operates in parallel The Financial Intelligence Unit (ANIF), established under Law No 2005/006, has emerged as an increas - ingly important actor in complex fraud cases. An ANIF referral – triggered where there are reasonable grounds to suspect money laundering – can result in the administrative freezing of suspicious transactions within 72 hours, without any court involvement. This speed advantage makes ANIF referrals an attrac - tive first step in time-critical cases where assets are at immediate risk of dissipation. Practitioners who understand how to combine ANIF referrals with par - allel criminal complaints and civil conservatory attach - ments can construct a multi-layered asset preserva - tion strategy that is very difficult for a respondent to circumvent. Enforcement of Foreign Judgments: OHADA as a Bridge The enforcement of foreign judgments in Cameroon has historically been a slow and uncertain process, dependent on the exequatur procedure under Articles 299 to 302 of the Code of Civil and Commercial Pro - cedure. However, recent years have seen a number of developments that are improving the practical effec - tiveness of foreign judgment enforcement, particularly within the OHADA zone. with civil conservatory measures. The role of ANIF and AML referrals The most significant development is the growing awareness and utilisation of the direct enforceability of CCJA judgments under Article 20 of the OHADA Treaty. For fraud victims who can bring their claims within the framework of OHADA Uniform Acts, obtain - ing a CCJA ruling provides automatic enforceability across all 17 member States without any further pro - cedure. This is a transformative advantage in multi- jurisdictional recovery cases involving OHADA-dom - iciled defendants.
Outside the OHADA zone, the exequatur process remains the primary route. Cameroonian courts have demonstrated increasing willingness to grant exequa - tur to judgments from European jurisdictions – par - ticularly France, the UK and Switzerland – where the conditions of jurisdiction, due process and public policy are satisfied. Bilateral judicial assistance trea - ties with a number of francophone African states fur - ther simplify the enforcement process within the franc zone. Practical considerations for foreign counsel For foreign counsel seeking to enforce judgments or arbitral awards in Cameroon, the key practical con - siderations are: (i) ensuring the judgment is certified as final and enforceable in the jurisdiction of origin; (ii) obtaining a certified French or English translation; (iii) demonstrating that the judgment debtor was properly served in the original proceedings; and (iv) establish - ing that no Cameroonian judgment exists on the same issue. Where these conditions are met, Cameroonian courts have generally been receptive to exequatur applications, particularly where the underlying claim involves fraud and the enforcement is sought in the public interest. Outlook: Key Developments to Watch Several developments are expected to significantly shape the fraud and asset recovery landscape in Cameroon and the broader OHADA zone over the coming years: • Crypto-asset regulation: The COBAC and BEAC are expected to introduce specific regulatory frameworks for virtual assets and virtual asset ser- vice providers. This will create clearer legal bases for asset tracing and recovery in crypto-fraud cases and is likely to trigger a significant increase in this category of work. • OHADA reform: The OHADA Secretariat is actively reviewing several Uniform Acts, including the AUP - SRVE and the AUSCGIE, with a view to modernis - ing them to address digital commerce, fintech and data-driven financial services. Practitioners should monitor these reform processes closely. • Enhanced AML enforcement: The FATF mutual evaluation process and GABAC (the CEMAC AML/ CFT body) are placing increasing pressure on
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