Luncheon blasts APNU for making AML/CFT Bill political

THE Caribbean Financial Action Task Force (CFATF) delegation, who visited Guyana last weekend, in the hope of lending support to end the stalemate over the enactment of the critically important Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) Bill, were told that the challenge preventing its passage is “political” not technical.But Head of the Presidential Secretariat (HPS) and Cabinet Secretary, Dr. Roger Luncheon, yesterday, blasted A Partnership for National Unity (APNU) for taking that position, rather than placing the interest of the Guyanese people and the country first.
Vice-Chairman of APNU, Dr. Rupert Roopnarine, immediately after meeting the CFATF officials last Saturday, had said: “In essence, we have a political crisis and it requires a political solution.”
However, Luncheon, at his press conference in Office of the President, said Cabinet found the disclosure of this most recent contention, in the AML/CFT debacle, “manifestly strange” given the timing.
He said how the APNU reasoning for the non-passage of the Bill will be viewed and interpreted by CFATF remains an unanswered question.
The HPS contends that a “strange message” has been sent to the CFATF Executive on their historic visit.
The AML/CFT Bill is still with the Parliamentary Select Committee, which is reviewing it and is, currently, waiting on Chief Parliamentary Counsel, Cecil Dhurjon to complete a new draft that includes more changes to the initial ones proposed by APNU.
According to Luncheon, the Opposition should be asked to explain their position, particularly in light of the fact that other countries under the Financial Action Task Force (FATF) framework, with vastly more different political environments, have been able to subscribe to the recommendations of the international financial sector regulator.

Political differences
“They have all found it possible to address the requirements to subscribe to the guidelines, notwithstanding vast political differences,” he remarked.
Luncheon maintained that the Parliamentary Opposition remains the sole obstacle to Guyana’s compliance with regional and international standards, which expose the Guyanese people to a host of consequences.
He added that this fact has been recognised by the Guyanese people, the Private Sector and other local stakeholders, as well as the Caribbean Community (CARICOM) and more regional and international bodies, the most recent of which is now the CFATF Executive, given APNU’s pronouncement.
APNU’s original three amendments include a change to the entire governing apparatus of the Financial Intelligence Unit (FIU); removal of the Attorney General wherever that name appears and replacement of it with the FIU and vesting a Police or Customs officer with the power to seize currency from any person, anywhere in Guyana, if those officers have reason to believe that it is the proceeds of crime or will be used to fund criminal activities.
In addition to those proposed changes, APNU is calling for the Head of State to assent to several Bills he returned to the National Assembly with the explanation that they were unconstitutional.
Meanwhile, the AFC, which supports APNU’s position, is demanding the establishment of the Public Procurement Commission (PPC), which Government has agreed to, providing that Cabinet retains its no-objection role in the process but the latter has been rejected by the AFC.
Chair of the Parliamentary Special Select Committee currently reviewing the Bill, Ms. Gail Teixeira, in a previous interview, explained that the Government’s stance is “most reasonable” and is its “minimum”.

Least confrontational
She said it is the simplest and least confrontational of all, underscoring the difficultly in the negotiation process, given that neither APNU nor the AFC is willing to compromise on their “maximum” positions.
“The Opposition has not been persuaded to move one iota on its maximum positions…this is not something to take lightly…this is a serious development in our country,” Teixeira said.
According to her, Government is working to come to an agreeable situation but is not “living in a fool’s paradise” when it comes down to recognising that there is little room for negotiation.
She stated: “For us, the door is open and we continue to do our best. We will try to free this Bill from being held hostage and we continue to do our best.”
“It has been an awfully long haul,” Teixeira remarked, referring to the fact that the Committee’s work has been ongoing for more than 10 months.
Non-passage of the Bill will not only affect Guyana and its economy, but the Region as a whole.
Guyana has already been blacklisted regionally by CFATF and the final deadline for Guyana to ensure it has complied with CFATF’s recommendation is May 29.
Quite likely
However, stakeholders, including Luncheon, have expressed the view that Guyana is quite likely going to miss that date, as it has missed several others since November 2013, when it was regionally blacklisted.
If May 29 passes without the enactment of the AML/CFT Bill, the country can be recommended to the international body, FATF, for review by the International Cooperation Review Group (ICRG). If that recommendation is made, Guyana could face further sanctions, including being internationally blacklisted.
Getting off that blacklist could take as long as 18 months at the regional level alone, CFATF Advisor, Mr. Roger Hernandez said, during his visit here on February 21.
Both CFATF and FATF have hosted meetings throughout the year to review progress, as well as to advocate changes to tighten the legislative framework that addresses money laundering and the financing of terrorism.

(By Vanessa Narine)

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