Anti Money Laundering legislation…

Govt. credibility eroded in face of

blacklisting deception

“…desist from politics of hysteria by manufacturing crises”- GTUC

Following the non-review of Guyana by the Paris-based Financial Action Task Force (FATF), the Guyana Trades Union Congress (GTUC) is cautioning the administration to “desist from its politics of hysteria by manufacturing crises and creating unnecessary tensions in the society.” The GTUC reminded that for the past month the administration was engaged in a relentless hype to make the nation feel “we face international financial ostracizing (blacklisting) if we did not meet the manufactured 13th February deadline to pass the Anti-Money Laundering and Countering the Financing of Terrorism Bill (AML/CFT).” GTUC notes that following the plenary held in Paris, France, by FATF, it has become evident that the supposed ‘doomsday’ came and went with no sanction being imposed. The union further charged that if there is any credibility in the administration’s statement of having to file a report to the Caribbean Financial Action Task Force (CFATF), “an honest report will make known the AML/CFT is engaging parliamentary attention, which is an improvement on November 2013 when it was felt the Bill was dead.” GTUC said that the administration’s hysteria is not only confined to the state and politically-aligned media, but has sought to ensnare independent and mainstream media. “The mainstream and independent media are now being targeted to make a propaganda machinery on a matter of national import that requires level-headedness, which the administration has unfortunately seized upon as opportunity to manufacture a political crisis and divide the society.” It was noted that in a partnership of regional and international governance, preference is given to position and recommendation that emerges from the regional body, and in this case where Guyana is given until May 2014 by the CFATF to report on its compliance, the FATF would have never sought to sanction Guyana. “Further, if Guyana was not slated for review by FATF, ipso facto the body cannot waive immediate sanction against Guyana at its plenary held in Paris during 9th – 14th February.” GTUC said that Guyanese are warned not to be fooled by the administration’s exploitation of the media in its gate-keeping role in furtherance of a divisive political agenda which will hinder good governance and a peaceful co-existence. “The nation is presenting to onlookers a picture of headless chickens fluttering around on or reacting to a number of inconsistencies articulated by the administration and its allies, and this must forcibly cause us to examine their credibility.” GTUC recalled that in October 2013 Cabinet Secretary, Dr. Roger  Luncheon said “CFATF has dictated and will continue to dictate the Anti-Money Laundering Bills of the world of states that are specifically treaty bound under the FATF, so let’s put to rest that perspective.” In February 2014 when Kaieteur News approached CFATF, the papers was advised by Roger Hernandez, Financial Advisor of CFATF that, “The legislation has not been dictated by the CFATF, draft versions of the legislation were submitted for review by the CFATF to assess compliance with outstanding recommendations and a response was sent to the authorities.” GTUC noted also that in January 2014, Chair of the AML/CFT Parliamentary Select Committee, Gail Teixeira, warned that Guyana could be automatically reviewed by FATF in February and risk international blacklisting if the bill was not passed. “The FATF meeting concluded and Guyana is not blacklisted.” GTUC also reminded that in February 2014, Attorney General Anil Nandlall told Stabroek News that the Bill has to be passed by February 11 for dispatch to FATF in order to avoid further blacklisting. “The administration also said two countries were identified for review and when asked if Guyana was one, the response was it could not be confirmed because the FATF meeting was closed-door.” According to GTUC, the opposition’s proposal for the adoption of the Barbados oversight model is rejected by the AG who said “The United Nations Security Council has produced a book in which they have examined all the FIUs around the globe. They have recommended the executive model to be used, as it has proven to be the most effective.” It was noted by the GTUC that Barbados is not on the watch list of non-compliant countries. According to the union, the trading of accusations as to who is responsible for the non-passage of the AML/CFT Bill has taken precedence over the responsibility of public officials to educate the citizens about a proposed law that has far-reaching impact on their day to day lives. “It is clear political upmanship is taking precedence over the interest of the people.” According to GTUC, the absence of engaging the opposition and arriving at consensual positions that satisfy constitutional requirements in a holistic arrangement, including the establishment of constitutional bodies such as the Public Procurement Commission (PPC), assenting to outstanding bills and other pressing governance issues, convey the impression the administration has no intention to realise the passage of a bill, but is using the opportunity to deceive and blame the opposition and those questioning the Bill in its current form. The GTUC called on citizens to be enjoined in this discourse and call on the administration to stop its deception and buckle down to acceptable standards of governance.