AFC responds to Dr. Yesu Persaud on the AML/CFT AMENDMENT BILL

Dear Editor,
Thank you for your letter dated March 14th 2014 on the subject addressed to the President, the Leader of the Opposition and to me in my capacity as Leader of the Alliance for Change. I welcome your intervention in the matter and the opportunity to engage you on this and other equally serious issues affecting the Constitution and governance of our country.
You will be aware that there is some history to anti-money laundering legislation in Guyana which was first introduced as Bill No 10 of 1998, and approved by the National Assembly and assented to by the then President in March 29th 2000. The 2000 Act was the subject of some critical reviews, particularly post 9/11. It was only until June 4, 2007, that the Government introduced the Anti-Money Laundering and Countering the Finance of Terrorism Bill. After nearly two years and fifteen sittings of a Select Committee, the National Assembly on April 30, 2009, passed the Bill. Reinforcing the perception that the PPP administration was never serious about pursuing crime and its proceeds, then President Jagdeo, who headed that administration, took one hundred and seven days before he assented to the Bill on August 14, 2009. He took a further 87 days before bringing the 2009 Act into force. You will agree that this hardly reflects any seriousness on the part of the PPP Government.
To compound matters, the Act so sluggishly completed was so equally poorly administered and enforced that President Jagdeo himself in 2011 publicly criticized the Financial Intelligence Unit for its inability to meet even basic annual reporting obligations to the National Assembly. One may venture that it was only crocodile tears.
For nearly four years and despite failing grades in periodic evaluations, very little was done by the Unit or its politically-appointed head, Mr. Paul Geer, to advance the objects of the Act.
President Donald Ramotar, upon his taking office, continued to disregard the bi-annual evaluation reports by the Caribbean Financial Action Task Force (CFATF) until May last year when CFATF’s patience ran out and it threatened Guyana with black-listing. Belatedly, the Government tabled a Bill to amend some of the technical provisions. However, as pointed out in submissions made by bodies and individuals, the amendments did not address, firstly, the unconstitutional features of the principal Act of 2009; secondly, the conflict of interest provisions which give the Attorney General and the Minister of Finance enforcement powers even though they themselves are subject to the Act as “politically exposed” persons; and thirdly, the non-existence of any independent supervision of the FIU.
As a member of the Select Committee to which the National Assembly referred the matter, I can tell you that these submissions from bodies and individuals came with recommendations and were favourably received by the Select Committee. APNU made several recommendations for amendments, and though they were delays as to the actual formulation, the AFC, after seeing them when they were recently brought, found them to be legitimate and credible. The Select Committee asked that these be drafted in legal language and we were then told that the AG’s Chambers needed time to draft these proposals as they were indeed technical matters and care was needed to avoid hazardous consequential implications.
The Parliamentary Counsel did complete APNU’s draft for the last meeting on 12th March 2014. However, and most surprisingly, he also at the instruction of the AG completed a counter-draft for the Government. Both drafts were brought to the Select Committee for their consideration. I must say that some of matters in the counter-draft are not without merit.
What is significant to deduce from this development of a counter-draft from Government is, firstly, that all the talk especially from the President, the Finance Minister and the Attorney General that any amendment to the original Bill was going to be CFATF non-compliant, have been riven asunder. Secondly, and more positively, that there now appears at this stage to be some room for compromise if only to the extent of these amendments. I surely hope that it will extend further.
I felt that consideration of the drafts would have been fast-tracked, but instead of the Government summoning the Committee to complete its work, it requested through its representative who currently chairs the AML/CFTA Select Committee, a date for continuation on 25th March 2014 because of overseas and other commitments by Government members sitting on the Select Committee.
Moreover, the Government is wasting taxpayers’ money to distort the facts on this AML/CFTA issue; unjustifiably accusing the Opposition of unpatriotism; and, to solicit lobbying-letters from persons who are not as informed as you are. Not only will that money be saved, but the process can be advanced in an atmosphere far more conducive to a resolution.
While I welcome your letter, I regret that you did not advise the Government to return expeditiously to the Select Committee and to heed the calls by informed and patriotic citizens for money laundering legislation that is strong and will provide ammunition to stamp out money laundering and terrorism in Guyana. I suggest that it is not too late for you to do so and I and my AFC team are prepared to meet and share with you the AFC’s road-map on the matter, which road-map will lead to a win-win-win situation for PPP, APNU and the AFC. And, of course, all Guyana!
I have no doubt, Dr. Persaud, that you are as concerned, as the AFC is, that the Government has frustrated for twelve years the establishment and operationalisation of a constitutionally mandated Procurement Commission. And as you must be aware, corruption has run riot in matters procurement because of its non-operationalisation during that time. Further, Government has violated the constitutional mandate that there be the holding of Local Government elections every three years. The last one was held in 1994.
And so if I may be permitted to ask: Why then at the very minimum should these two matters of the highest constitutional importance not be tagged to the passage of the AML/CFTA?
You are aware, too, that the President has refused to assent to several Bills passed by the National Assembly on the spurious grounds that they are unconstitutional. You will no doubt be concerned also that the Ramotar Administration has failed to act on the Integrity Commission and to carry out a parliamentary decision with respect to NICIL which operates outside of the Constitution, statutes and all the principles of good governance.
All these matters and much more you have championed in your long and distinguished career. I am aware of your courage as Chairman of GUARD to campaign for free and fair elections at the national and local government levels during the Hoyte Presidency. I am aware of your fearlessness in speaking out against the discriminatory grant of tax-holidays to a certain Government favourite, and against corruption, among a number of other public matters of national importance.
Please let us continue this engagement for the sake of our dynamic and diverse people, and in the interest of our beautiful country.
Khemraj Ramjattan
Leader, Alliance for Change
Cc His Excellency President Donald Ramotar
Cc Leader of the Opposition David Granger