Parliamentary counsel completes partial draft of APNU’s proposed amendments
- Opposition members fail to address counsel’s queries
THE next meeting of the Parliamentary Select Committee reviewing the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) (Amendment) Bill is set for tomorrow, following yesterday’s session.
Attorney General Anil Nandlall
And Attorney General, Anil Nandlall, in whose name the Bill was returned to the National Assembly after being defeated in November, disclosed that the Chief Parliamentary Counsel’s office produced a draft of the proposed amendments by A Partnership for National Unity (APNU).
The three amendments seek to change the entire governing apparatus of the Financial Intelligence Unit (FIU); remove the Attorney General wherever that name appears and replace it with the FIU; and vest a police officer or customs officer with a power to seize currency from any person, anywhere in Guyana, if those officers have reason to believe that the currency is the proceeds of crime or will be used to finance crime.
Nandlall said, “The Chief Parliamentary Counsel also presented another document in which he sought further instructions, clarifications and explanations from the APNU members, with respect to parts of the proposals with which he had problems.”
According to him, the APNU members failed to address the queries of the Chief Parliamentary Counsel.
He said, “In addition he raised a number of issues, including the issue of constitutionality, possible collisions with provisions of the Principal Act, as well as related legislations.
“There were also questions surrounding whether the proposals will meet the approval of CFATF (Caribbean Financial Action Task Force), having regard to the recommendations of CFATF, which he has a copy of.
“The APNU members were unable to answer the queries raised and requested time to study them.”
CFATF VISIT
The AG added that the meeting also addressed a visit from a CFATF official and the group agreed that an invitation will be made.
However, he pointed out that more than likely, the representative would request information with respect to what he or she will be expected to speak on.
“If we have a representative visiting, we have to address this,” Nandlall said.
The AG added that, unfortunately, APNU’s Shadow Finance Minister and Committee Member, Carl Greenidge, made no indications of what specifically they would like the CFATF to address.
“We are hoping the information is supplied before Friday,” he said.
Asked about the Alliance For Change’s (AFC) stated support of the APNU’s proposed amendments, Nandlall said only that the party’s leader, Khemraj Ramjattan, has attended only one meeting.
The AG also lauded the private sector on their position on the matter, as well as their reiterated call for the enactment of the AML/CFT Bill.
He said, “I’m not surprised by the private sector’s statement of support. In fact, I would venture to say that the sentiments expressed not only accord with the government’s position, but they are also in accord with commonsense and reason.”
UNREASONABLE POSITION
The AG stressed that the government remains committed to meeting the new February 28 deadline, as stipulated by CFATF.
“We are committed to the deadline and the government is doing everything within its capability to meet that deadline.”
He cited the position held by the APNU that the Bill not be sent to the National Assembly although unanimously supported until work on the three proposed amendments have concluded.
But Nandlall explained, “This is why we continue to say that the Bill approved by CFATF and to which the Opposition has no objection should be passed forthwith. The amendments which require a lot of scrutiny and discussions can be studied and refined until they are found to be acceptable to all can be addressed subsequently.”
He added, “That is eminently a more sensible and prudent course of action, where all sides can have their views represented. What this position exemplifies is an unreasonable degree of stubbornness, which cannot be rationalised on the basis on logic, commonsense, national interest or even politics.”
The AG pointed out that the deadline must be kept in focus, as Guyana should not risk missing it.
Come February 28, Guyana’s report to CFATF has to include Guyana’s plan of action to correct its deficiencies as part of the ongoing process, as well as its report of the conclusions on the AMLCFT (Amendment) Bill.
A copy of the enacted Bill is also expected to be analysed by CFATF and correlated to the deficiencies identified by the body at its November 2013 Plenary meeting, before a report is made in May 2014.
Between February and May it is expected that there will be dialogue and discussions with CFATF and the current Administration, with regard to the preparation of the report for CFATF Plenary.
If the May Plenary is dissatisfied with Guyana’s progress, CFATF’s November 2013 statement already provides the decision for the country’s referral to the Financial Action Task Force (FATF), which meets again in June 2014.
Written By Vanessa Narine
excepts from the Guyanachronicle