IIEffective Insolvency and Creditor Rights Systems
The U.S. Department of Commerce's 2007 Country Commercial Guide reported that bankruptcy and insolvency legislation in Cameroon is a part of its Commercial Code. Cameroon is a member of the Organization to Harmonize Business Laws in Africa (OHADA), which promulgates uniform laws applicable to its member states. As an OHADA member, Cameroon observes the Uniform Act Organizing Collective Proceedings for Wiping off Debts, Sections 2 and 3 of which directly address bankruptcy issues. A 2006 International Monetary Fund Financial System Stability Assessment of the Central African Economic and Monetary Community region stated that OHADA's complex regulatory framework for insolvency should be improved, as should shortcomings in the national judicial systems. A 2009 IMF Financial Sector Assessment Update report cited weaknesses in four areas of the legal and judicial capacity of Cameroon: secured transactions, the land tenure system, debt collection and the enforcement of mortgages and other collateral, and commercial judicial capacity. In addition, the 2009 IMF report noted the difficulty reconciling the common law principles indigenous to Cameroon's parallel legal system with OHADA's civil law construction. Beyond this information, however, there is insufficient information publicly available as to Cameroon's compliance with the Principles and Guidelines for Effective Insolvency and Creditor Rights Systems developed by the World Bank.
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NCInternational Financial Reporting Standards
According to a December 2006 Institute of Chartered Accountants of Cameroon (ONECCA) self-assessment, all companies in Cameroon except for banks and credit institutions must comply with the Organization for the Harmonization of African Business Law (OHADA) accounting framework. Banks and credit institutions adhere to standards issued by the Central African Banking Commission (COBAC). In the self-assessment, the ONECCA noted that it encourages its members to use International Financial Reporting Standards (IFRSs), and they are working towards increasing awareness and support for adoption of IFRSs by organizing seminars, press conferences and discussions with relevant authorities. Cameroon is a member of the Central African Economic and Monetary Community (CEMAC) and as such has to comply with the CEMAC legal framework. According to a 2006 International Monetary Fund (IMF) report on CEMAC, the OHADA accounting requirements are excessively burdensome for Small and Medium-size Enterprises. The IMF in 2006 recommended strengthening the accounting framework for large companies and making it more consistent with the IFRSs. Despite the 2006 recommendations, a 2009 IMF report on Cameroon, suggests that neither OHADA nor COBAC standards are harmonized with IFRSs. The report goes on to point out that COBAC standards have not been updated in more than a decade and differ from IFRSs in recognition, valuation, presentation, and disclosures.
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IIPrinciples of Corporate Governance
In its 2000 Report on the Observance of Standards and Codes (ROSC), the International Monetary Fund (IMF) recommended drafting a law on market discipline and corporate governance in Cameroon. A 2004 African Development Bank report criticized the incompetence and lack of independence of board members, as well as insufficient protection of minority shareholder and stakeholder rights. In a 2007 Selected Issues report, the IMF recommended promoting stronger corporate governance and using best accounting practices for small and medium-sized enterprises. A 2008 U.S. Department of Commerce (DoC) report and a 2009 IMF report both note some progress Cameroon has achieved in anti-corruption and enhancing governance and transparency, including signing the United Nations convention on combating bribery, setting up an audit chamber, and establishing a national anticorruption commission. The Financial Markets Commission was legally established in 1999 with the aim of protecting investors' savings and ensuring the proper functioning of financial markets. The Douala Stock Exchange (DSX) was inaugurated in April 2003 as the sole securities markets agent in Cameroon. The IMF's 2006 Central African Economic and Monetary Union regional Financial Sector Assessment Program suggests that DSX merge with the Central African Stock Exchange in order to preserve the viability of the market, considering its small size and limited resources. Overall, there is insufficient publicly available information regarding Cameroon's compliance with the Organization of Economic Cooperation and Development's Principles of Corporate Governance.
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NCInternational Standards on Auditing
According to a December 2006 Institute of Chartered Accountants of Cameroon (ONECCA) self-assessment, Cameroon does not legally require the use of International Standards on Auditing (ISAs) issued by the International Auditing and Assurance Standards Board (IAASB). However, ONECCA reported that it informs its members of the existence and availability of the IAASB pronouncements, takes measures to train its members, and conducts seminars on the IAASB standards and guidance. Furthermore, ONECCA pointed out that it plans to officially adopt the IAASB pronouncements. A 2006 International Monetary Fund (IMF) report on the Central African Economic and Monetary Community (CEMAC) noted that the lack of standards for auditing practices in the CEMAC region, which includes Cameroon, raised "serious concerns" regarding the quality of audits. The IMF in 2006 recommended adoption of ISAs to improve the regulatory framework as well as the image of the accounting profession in the region. A 2009 IMF Financial Sector Assessment Update reiterated the findings of the 2006 report, and noted that the framework for auditing continues to be weak and raises concerns about the reliability of audits. The 2009 IMF report also report pointed out that banks are not required to make their audited financial statements public, although in practice some banks disclose this information.
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IIAnti-Money Laundering/Combating Terrorist Financing Standard
Cameroon is part of the Central African Economic and Monetary Union (CEMAC), which shares a common Central Bank, the Bank of Central African States, as well as three regional supervisory authorities. Following the 2001 terrorist attacks in the United States and subsequent United Nations (UN) resolutions, according to a 2005 U.S. Department of State (DoS) report, the CEMAC countries formed the Central African Action Group Against Money Laundering in order to draft a common anti-money laundering law. In 2006, the International Monetary Fund published a Report on the Observance of Standards and Codes (ROSC) on the implementation of the Financial Action Task Force (FATF) recommendations in the CEMAC region. According to the report, a CEMAC Regulation was adopted in 2003, prior to the revision of the FATF methodology in 2004. According to the same report, overall, the CEMAC Regulation criminalizes money laundering and terrorist financing in line with international standards. However, the report also states that, with regards to preventive measure for financial institutions, although the CEMAC Regulation contains numerous provisions reflecting the FATF recommendations, it should be amended and updated to incorporate enhanced due diligence obligations and preventive measures for all financial professions. The CEMAC Regulation provides for the establishment by each member state of a financial intelligence unit. Cameroon established its unit in 2005. Despite the availability of the 2006 ROSC and other reports pertaining to the CEMAC countries' implementation of FATF recommendations, there is little information publicly available addressing Cameroon's actual implementation of the FATF 40+9 Recommendations.
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IDCore Principles for Systemically Important Payment Systems
Cameroon's payments system is part of the CEMAC zone and is operated and supervised by the BEAC. The 2006 International Monetary Fund (IMF) Financial System Stability Assessment (FSSA) of the CEMAC mentions a 2002 payment system reform project spearheaded by the BEAC. According to a 2002 World Bank report, the professed objective of the reform project is to build a comprehensive and consistent payment system infrastructure that complies with the Committee on Payments and Settlement Systems' Core Principles for Systemically Important Payment Systems. The FSSA, however, finds that progress is lax because of a lack of experience, weak coordination, and some disagreements with the national banks regarding the interbank card system component of the project. To accelerate completion of the project the FSSA recommends setting up payment system management units at the BEAC headquarters as well as within each country tasked with the joint responsibility of implementing and supervising the new system. A 2008 World Bank report updates that the closing date of the payment system reform project has been extended from June 2008 to June 2009, but the project itself is being "implemented with good progress towards its development objectives." As part of the project, the wholesale payment system started full operations in November 2007, and the retail payment system began operating in Cameroon in November 2007. The inter-bank card system was expected to start operations at the end of 2008. Following some of the recommendations set out by the 2006 IMF report, a payment system Directorate has been established at the BEAC to supervise the new system, and it will be supplemented by units in each country.
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