…Irish financial expert tells MPs
WITH Guyana slated to start pumping oil in the first quarter of 2020, Irish financial investigation expert and adviser to the Special Organised Crime Unit (SOCU), Dr. Sam Sittlington, has called for top level commitment to establish an anti-bribery culture here and warned authorities to be aware of possible threats as a result of the country’s new mineral find.
As such, good governance, the strengthening of transparency and accountability are effective ways of tempering business exploitation. “On the international stage there will be scrutiny to drive Guyana’s largest business development. The importance of showing leadership in this regard will give confidence to foreign governments and commercial entities that you are a nation that could do more business with and provide further investments,” he said Wednesday.
Dr. Sittlington was at the time addressing a small group of Members of Parliament (MPs) at a forum geared at addressing issues of bribery, corruption and money laundering. Dr. Sittlington has been hired by the British Government to serve as a Financial Investigations Mentor or adviser to SOCU. This is his third stint in that capacity. He reminded the MPs that there is an inextricable link between corruption, fraud and money laundering, noting that they are applicable to all levels of society. As such, he called for re-enforcing the need for a cultural change to the values, ethics and mindset, while stressing that transparency and accountability must be top priorities.
According to the Irish expert, it is important to ensure these changes are made in light of the development of the country’s mineral market which will change the country’s political, social and economic landscape. “Another point perhaps is recognising that neighbouring countries might get jealous or threatened by Guyana getting new wealth which brings spar,” the expert continued while noting that efforts can be made to destabilize Guyana’s efforts and opportunities by raising suspicions among citizens which suggest that government ministers and other officials are profiting.
Dr. Sittlington noted too that international consultants can and do support governments in undertaking the development and strategic planning in this area.
While Guyana has been gradually improving in the international transparency index over the years, the SOCU adviser reassured that corruption remains an issue on many levels. “Things are getting better but slowly,” he said as he called on all citizens to “act within and be subject to the laws of the law.”
During his presentation which lasted for about two hours, Sittlington stressed that there are many levels of corruption, ranging from petty or grand. He pointed to internal issues such as employees’ deficiency in knowledge of company’s business and associated risks, organisation remuneration structure, deficiency in employee training and skill set and lack of clarity on organisation gift policy, entertaining and travel expenses as contributors to corruption, fraud, and bribery. Externally, however, Dr Sittlington explained the country’s risk and league tables. He said too that there are transaction risks (charitable, political, licences and permits, public procurement, high value projects, contractors, intermediaries and or agents) and partnership risks (high risk jurisdiction, prominent public officials, lack of knowledge or transparency of third party’s processes and controls).
Top level commitment
Dr Sittlington called for top level commitment to establish an anti-bribery culture across organisations while exercising due diligence. He cautioned that there must be knowledge of the extent of the organisations business relationships, understanding the risks that a particular business opportunity raises, seeking reciprocal anti-bribery agreements and confident that business relationships are transparent and ethical.
He posited too that there needs to be effective implementation of anti-bribery controls, the recruitment and remuneration policies. The SOCU adviser noted too that there needs to be the effective framework monitoring and auditing with controls that are sensitive to bribery and are transparent and consideration of how regularly the business needs to review its policies and procedures.
Turning his attention to the Judicial Review Act which is yet to come into effect, Dr Sittlington said when the legislation comes into force, there will be a need for a new mindset. Judicial review refers to that area of the law which allows a person aggrieved by any public officer, including ministers of government, public authorities or statutory tribunal, to challenge the identified act or omission on the ground that same is unlawful. The process, therefore, guards against the abuse of power. The question of ethics was also considered at the forum.
Dr. Sittlington’s presentation was focussed on five of the principles under the United Nations Convention against Corruption (UNCNAC). Guyana ratified the UNCAC in 2008. The MPs were given the opportunity to ask questions on the expert’s presentation.
Wednesday’s presentation forms part of a series of seminars held with key stakeholders, including the law enforcement agencies on the issue of bribery, corruption, fraud and money laundering. The financial investigations adviser is tasked with working with the Director of SOCU, Sydney James, and is responsible for reviewing all current investigations carried out by SOCU, provide advice and guidance on each case, as well as in relation to liaising with other agencies–external and internal–in order to progress SOCU investigations, provide practical advice and guidance to the DPP and AG’s lawyers on proceeds of crime matters, conduct meetings, workshops, research and training and submit reports on his work and findings. Sittlington will serve in that capacity until 2020.
