AG debunks Harmon’s ‘fabrications’ on delayed passage of AML/CFT Bill
PPP/C MP Anil Nandlall
PPP/C MP Anil Nandlall

MEMBER of Parliament (MP) with A Partnership for National Unity (APNU), Mr. Joseph Harmon, contends that the Opposition members on the Parliamentary Select Committee reviewing the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) (Amendment) Bill are kept out of the loop regarding updates from the international and regional watchdogs.

Joseph Harmon
Joseph Harmon

Speaking at a news conference yesterday: he said: “What has been happening from October to now, whatever communication has been taking place between the Government of Guyana and CFATF (the Caribbean Financial Action Task Force) or Government of Guyana and FATF (the Financial Action Task Force) those were never communicated to us in the Select Committee. We are not aware of it.
“…the only correspondence we received, in August, was a request for a meeting on October 10 or sometime shortly thereafter from the chairman of that Committee.”

STATE OF CONFUSION
The Attorney-General (AG) and Minister of Legal Affairs, Mr. Anil Nandlall, has since rapped Harmon for his comments, contending that the APNU MP seems to be in a state of confusion.
“Mr. Harmon is obviously in some state of confusion. I cannot conceive how Mr. Harmon expects to receive communication between the Government of Guyana and CFATF and FATF,” he said.
According to the AG, Mr. Harmon, as a member of the Select Committee, as well as his colleagues used the power reposed in them to demonstrate to the people of Guyana, CFATF and FATF that they will not implement CFTAF and FATF’s recommendations.
“They exposed Guyana and the people of Guyana to international sanctions. Also, he and his colleagues have persistently refused to agree for the Committee to meet. Against that background, his expectation to receive communications between the government of Guyana, CFATF and FATF about the impending meeting is quite fanciful,” Nandlall said.

“As regards the Anti-Money Laundering and Countering the Financing of Terrorism (AMLCFT) Bill, the role that the Opposition played in effectively killing the Bill and the role that Caribbean Financial Action Task Force (CFATF) played in offering us technical assistance, are all matters of public record in the form of minutes at the Special Select Committee as well as the Hansard in the National Assembly and therefore ought not to be the subject of doubt or dispute.” — Attorney-General (AG) and Minister of Legal Affairs, Mr. Anil Nandlall

DISTORTING FACTS
Mr. Harmon at yesterday’s news conference also argued that it is the current administration that has lapsed in having the critically important AML/CFT Bill passed.
“It was made clear to us by CFATF that whatever amendment we, as a nation, were proposing to the legislation was principally a matter for the National Assembly; and CFATF was not disposed to pronounce on the efficacy of those amendments or as to whether those amendments would make the general body of money laundering laws non-compliant. They made that clear and that is their position. There is no statement that the amendments we are proposing would make the laws non-compliant,” the APNU MP said in support of his contention.
However, Nandlall returned that Harmon’s “belated and feeble efforts” to “distort and obfuscate” these issues will not be taken seriously.
He said: “One would recall that CFATF sent an officer, Mr. Roger Hernandez, who attended a meeting of the Select Committee and spoke to the Press thereafter, at which he explained that while CFATF cannot dictate to the Guyanese National Assembly of any country how to legislate, it would be eminently sensible that the Guyanese National Assembly passes a Bill that incorporates CFATF and FATF recommendations and therefore, one which is CFATF compliant.
“He explained that unless those recommendations are captured in the Bill then Guyana would not have complied with its international obligations and sanctions would be imposed upon Guyana for that non-compliance.
“In short, the National Assembly of Guyana is not free to legislate at large on this matter. I have no doubt that the Press and the ordinary reading public understood that message conveyed by Mr. Hernandez.”
The AG underscored also the fact that, as the subject Minister, he forwarded the Opposition’s amendments to the Bill to CFATF for their opinion – a move that was fiercely objected to by the Opposition.
“They responded….in a nut shell, they made two observations: firstly, that some of the amendments were not part of the recommendations of CFATF and secondly that some of the amendments offended certain fundamental principles e.g. they undermined the independence and autonomy of the Financial Intelligence Unit (FIU) by politicizing it. They concluded that on both grounds those amendments would have rendered Guyana non-complaint,” Nandlall said.

A MATTER OF RECORD
Nandlall highlighted too that the facts of the delayed passage of the Bill are recorded in the National Assembly’s Hansard and should not be the subject of a dispute.
He said: “As regards the Anti-Money Laundering and Countering the Financing of Terrorism (AMLCFT) Bill, the role that the Opposition played in effectively killing the Bill and the role that Caribbean Financial Action Task Force (CFATF) played in offering us technical assistance, are all matters of public record in the form of minutes at the Special Select Committee as well as the Hansard in the National Assembly and therefore ought not to be the subject of doubt or dispute.
“Moreover, these matters received significant coverage in the press and were discussed at stakeholders and public meetings held by the government members of the Select Committee countrywide.”
To this end, the AG was emphatic in stressing that the facts regarding the passage of the AML/CFT Amendment Bill should not be quickly forgotten. “(That the facts have been forgotten), it is the only rational basis for him (Harmon) to so brazenly publish publicly his fabricated version of the events,” he said.

REJECTED THEIR OWN BILL
Mr. Harmon has also noted that CFATF and FATF should mount the pressure on the current Administration to pass the Bill.
He said: “The FATF meeting should insist that the Donald Ramotar administration address the legislative issues, to talk to the opposition and get the matters which are preventing those things from going forward, get them done.
“All of Guyana knows that the hurdles that have to be overcome are not that great. We have an obstinate administration that decided that they will not to do what we ask them to do, so we are in this position. I trust CFATF continues put pressure on them (the current administration) to ensure that the legislative amendments that are required are done.”
On this notion, the Attorney-General pointed out that President Donald Ramotar had made an offer for the passage of the Opposition’s amendments, which they rejected.
“At a minimum, I don’t think anyone will forget the fact that the Opposition refused to pass their own version of the Bill when government offered them the opportunity to do so. I believe that it may have been the first time in our Parliamentary history that Members of Parliament (MP’s) on one side of the divide rejected their own proposals. The Guyanese public will remember that for a very long time,” he said.
Nandlall added that the two Opposition parties by their actions have demonstrated their disrespect to both FATF and CFATF by refusing to pass a Bill that incorporates the recommendations of FATF and CFTAF.
“They put forward their own Bill, again, disregarding the advice of CFATF, and low and behold then they refused to pass their own Bill. In that context, I am not sure what is left to discuss with the Opposition on this issue,” he said.
The AG surmised that the true intention of the Opposition is “unwittingly exposed” by Mr. Harmon, when he discloses that he hopes that CFATF will continue to put pressure on the current administration to ensure that the legislative amendments are passed.
“The truth and the sad reality is that it is not the administration upon whom the pressure will be exerted but on all the people of Guyana, including, those who are supporters of the opposition. This karmic truth continues to elude the opposition on almost every issue,” Nandlall concluded.

NO MEETINGS
Additionally, the Parliamentary Special Select Committee reviewing the AML/CFT (Amendment) Bill has not met since June.
The last notice from the Chairperson of the Committee, Ms. Gail Teixeira had indicated that a meeting is scheduled for October 10, but it remains to be seen whether or not the combined Opposition members on the committee will attend.
The last suggested dates for meetings of the Committee were July 8, 10 and 30, all three of which were rejected on the basis on the unavailability of opposition members sitting on the committee.
Until the Committee meets the AML/CFT (Amendment) Bill will remain in limbo.
FATF has said that its review will identify steps that should be taken to address those deficiencies through the development of an action plan, which is expected to be completed before the end of September.
The international watchdog’s letter had said: “This review will be conducted by the International Cooperation Review Group (ICRG), Americas Regional Review Group (ARRG), co-chaired by Ms. Darlene Boileau (Canada) and Ms. Maria Fernanda Garcia-Yrigoyen Maúrtua (Peru). In our capacity as ICRG Co-Chairs, we now request your full cooperation I n assisting the ARRG to conduct this work, including by providing up-to-date information on your jurisdiction related to AML and CFT issues, as requested by the ARRG co-chairs.”
At its next meeting, between October 20/24, 2014 in Paris, France, the FATF is expected to discuss the results of Guyana’s targeted review.

(By Vanessa Narine)

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