GTUC calls on principal actors to ensure passage of the AML/CFT Bill

THE Guyana Trades Union Congress issued a press release on the day the nation celebrated its 44th republican anniversary, an edited version of which appears below:

NOW that Mr. Roger Hernandez, representative of the Caribbean Action Task Force (CFATF), has visited Guyana and interacted with some stakeholders on the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) Bill, the principal actors, and the nation, are asked to pay heed to the crucial areas.

Mr. Hernandez has said that the CFATF requires, by February 28th, a report on Guyana’s progress; and that Guyana will not be automatically removed from CFATF’s watch list (Blacklist) even if the AML/CFT Bill is passed on time.

He had earlier informed that, from his own experience, the minimum time it takes for a country to be removed from the blacklist is approximately two years. His communication was clear: “You require implementation, it is not just passing the law; it is about implementing the law.”

The National Assembly meets on February 27; and although the bill is attracting the draftsman’s attention, it is highly improbable that the bill can be debated and assented to by February 28th. CFATF will be aware of this.  Progress is being made, and CFATF’s review date for Guyana is May 2014.

The areas raised by CFATF regarding amendments to the principal act, the present bill, and the need for conformity should be noted. This nation should pay heed to Mr. Hernandez’s expressed concern: that amendment(s) should not risk being CFATF non-complaint.

Guyana is capable of achieving this without comprising its constitution and desire for good governance. This can be done by realising a foolproof act and bill that would ensure adherence, proper policing, and accountability by those tasked with its implementation.

In principle, this position is not dissimilar to CFATF’s interest, and here is where heads must come together.

The Private Sector, in taking a vociferous role on this matter, must rise to the occasion beyond requiring the Opposition to pass the bill. It must equally require, and ensure, that the administration gives true meaning to previous AML/CFT laws through implementation, along with other laws that it is openly flouting.

The PPP administration has a poor record of implementing laws that run counter to its interest and those of its allies.

The GTUC wishes to state that, as it engages the opposition on the impasse involving the Bauxite Company of Guyana Incorporated (BCGI), it is not prepared to accept any guarantee that the arbitration will commence. GTUC wishes to have the arbitration letters re-issued before passage of the bill; because, almost two years ago, this administration gave the Supreme Court the guarantee it will re-issue the letters, and, to date, nothing has been done!

Additionally, the demands to assent to outstanding bills, implement outstanding structures in the principal act of the AML/CFT Bill, and establish the Public Procurement Commission are consistent with a principal concern CFATF has with Guyana; that is, respecting and implementing laws.

GTUC calls on President Ramotar to stop misleading the nation by claiming his non-assent to bills is because they are unconstitutional. The determination of constitutionality is vested in the Judiciary, not the President. As Head of State and Head of Government, the President is vested primary responsibility to deliver leadership to this society by assuring the citizenry and regional and international bodies of his administration’s capability and commitment to respect and implement all laws. It is his responsibility to address the just demands made by the GTUC, the opposition parties, and the CFATF; and he is urged to do so.

The matter of the AML/CFT law, its implementation, and being CFATF compliant began in 2009.  Guyana was placed on the Watch list (Black list) in 2013. This nation must get it right, and President Ramotar has more than enough time before the National Assembly meets again to attend to the outstanding matters brought to his attention. There are 24 hours in a day. It can be done if the President has the political will.

If the bill fails to be passed in the National Assembly, it is not because of the opposition, but the result of the administration’s comfort with the status quo.