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Opposition continues to deny passage of AMLCFT – although Guyana already blacklisted in draft CFATF Report - AGPDFPrintE-mail
Written by GINA   
Tuesday, 22 October 2013 23:15

MINISTER of Legal Affairs and Attorney General, Anil Nandlall has said that unless the Guyana delegation in November attends the Caribbean Financial Action Task Force (CFATF) meeting with the Anti Money Laundering and Countering the Financing of Terrorism (AMLCFT) Bill in hand, which has been passed into law, then it will not be able to prevent that

draft report from being adopted and this draft report has Guyana to be “blacklisted”.

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Minister Anil Nandlall

Speaking during an interview on the National Communications Network (NCN), on Monday, Minister Nandlall noted, however, that this is not even guaranteed, but it is something to present to the forum which can have the impact of putting on hold the adverse statement which will emanate about Guyana from the CFATF. “That is the only window of opportunity left open for Guyana,” he observed.
He reminded that Dominica was in this identical position in May, when the Dominican AG presented the Bill passed into law, and was able to put the adverse statement on hold until the review of that law by the CFATF.

 

UNIFORMED FILIBUSTERING
The Parliamentary Special Select Committee (PSSC) reconvened its first meeting after the two-month recess on October 14, to continue deliberations and work on the Bill. Khemraj Ramjattan of the Alliance For Change (AFC) and Debra Backer of A Partnership for National Unity (APNU) were absent. Minister Nandlall said that while APNU’s members, Basil Williams, Joseph Harmon and Carl Greenidge were present at the meeting, “again, with uniformity and consistency, nothing was accomplished. They resumed efforts to frustrate work already done, and attempted to seek explanations on what transpired at previous meetings from which they had absented themselves before the recess.”
The minister reported that the delaying tactics continued with the same consistency employed before the recess, while government members endured and persevered with the work of the committee. The issue became heated when the time came to fix a date for the next meeting, when the opposition members insisted on Monday, October 21, rejecting all earlier dates suggested by the government side.
However, Chairperson of the Committee, Ms. Gail Teixeira, on the very October 21, was informed that it was not convenient for the APNU members to meet on that day, although this was the date that they chosen. The next meeting was fixed for October 22.
The AMLCFT Bill was transmitted to the A Special Parliamentary Select Committee (SPSC) for certain aspects to be reviewed. This decision was made by the Opposition using their one seat majority in the National Assembly to do so. Government expected that there would have been greater alacrity by the Opposition in the SPSC to review the Bill, since it was their decision to send it to that committee, but unfortunately this was not so.
During the six months of the sitting of the SPSC, the Opposition engaged in innumerable strategies and tactics designed to delay and frustrate the PSSC from completing its work.
Guyana was supposed to submit a report to the CFATF on August 26, and this was done. However, the report did not include that the Bill had been passed into law, a requirement which was expected to be satisfied.

IMPORTANT STAKEHOLDERS IGNORED
The Guyana delegation, headed by Minister Nandlall, which attended the CFATF meeting in May, had given the undertaking that the Bill would be passed by the November meeting. Pursuant to that undertaking, Guyana was required to submit in the August report that the Bill had been passed, which led to the urgent drive by the Government members of the PSSC. Unfortunately, all Government’s work in the SPSC was thwarted and rejected by the tactics and strategies by the opposition members. They absented themselves from meetings, and on the rare occasions they did turn up, they engaged in filibustering tactics to frustrate the work accomplished by the Government members in their absence.
Eventually, a few days before the Parliament went into recess, it was the expectation of the government side to conclude the work of the PSSC and have a draft Bill sent back to the National Assembly. The draft was completed, but the opposition members came out in full and using their majority, torpedoed all the work done, rejected the report and the motion to take the report to the National Assembly. They then adjourned the next meeting of the SPSC to a date after the recess.
Minister Nandlall has observed that both the AFC and the APNU have demonstrated that they are not interested in passing the Bill. He noted that the Private Sector, Manufacturers’ Association, Georgetown Chamber of Commerce, the Trade Union Movement, Berbice Chamber of Commerce, Upper Corentyne Chamber of Commerce, and the Insurance Association have all issued statements about the urgent necessity for the passage of the AMLCFT Bill.
“All these important stakeholders in the commercial sector have individually and collectively issued statements calling on the Opposition to ensure the passage of the Bill, whilst outlining the draconian consequences which will ensue if it is not passed.” However the minister stated that the Opposition has rejected all those appeals.

DRAFT REPORT
He explained that CFATF has already prepared a draft report which will constitute the evaluation report of Guyana and in the conclusion of that report, “Guyana is scheduled to be declared a non-compliant jurisdiction and member states worldwide are invited to implement against Guyana such counter measures that they deem necessary to protect themselves and their business entities within their respective jurisdictions from the money laundering and terrorism risks which Guyana will pose.”
The Opposition has concluded that if Guyana is sanctioned, somehow only the Government will face the drastic consequences, the minister posited. He reiterated that each person in the country will be affected, including the supporters of both PPP/C and the opposition parties, along with the business sector. The rationale being used by the opposition to justify the inexplicable position is unknown, he said.
Pointing out that the AFC’s position that unless the Public Procurement Commission (PPC) is established, they will not support the AMLCFT Bill, Minister Nandlall emphasised that the PPC has absolutely no link with the AMLCFT bill, and to make such a connection cannot be rationalised in principle or logic. “They are obviously engaged in political horse trading and remain oblivious to the consequences that the Guyanese people will have to bear.”

While APNU’s position seems to be, through their Leader, that their priority is a “good bill”, he said this can only be produced through work, which is not being done in the PSSC, “They are not submitting any proposal so the committee can consider its implementation.”
Guyana has already briefly experienced what the sanctions could be like. The Trinidad Central Bank had unfortunately formed the opinion that Guyana has been blacklisted by the CFATF, and issued a statement to the business community in Trinidad. “Immediately Guyanese businesses transacting commerce and other businesses with their Trinidadian counterparts were subjected to a whole host of scrutiny and problems were encountered, bringing transactions between the two territories almost to a complete halt,” Minister Nandlall said.
Banks, insurance companies, wire transfer agencies, importers and exporters across the two borders suffered from this. Fortunately the matter was brought to Guyana’s attention and a letter dispatched by Guyana’s Minister of Finance quickly dispelled the notion held by Trinidad.
This brief experience is an example of what Guyana will actually encounter should sanctions be applied. It will be replicated with every country with which Guyana conducts commerce or other business. Commerce will be severely affected and many business relationships will come to an end, the minister explained.
While extra parliamentary engagements to address this issue would be a remit of the President, Minister Nandlall said that at the SPSC level, “we have no other alternative but to be optimistic and continue to discharge our duties towards the people of Guyana. Parliamentarians must understand that when they sit in the National Assembly or the Parliament Building, it is not to pursue personal agendas or execute vindictive pursuits, but to only do one thing, to always advance a position which is in the best interest, and is best for the Guyanese people. This is our only mandate.”  

Last Updated on Tuesday, 22 October 2013 23:16

Replies sorted oldest to newest

Originally Posted by yuji22:

Give the AFC a donation and watch it disappear in thin air.

Watch them flee for cover when asked to present an independent audited report of missing funds from their accounts.

Yugi you look as if you have aids.

Mitwah

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