– AG criticises Opposition’s malingering strategies and dilatory tactics

THERE is very little optimism that the new parliamentary select committee, to which the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) Bill was referred, will complete its work in a timely manner. This was expressed by Attorney-General and Minister of Legal Affairs, Mr. Anil Nandlall, after assessing what has occurred since the Bill was referred to the said committee.

‘I have no difficulty with the Opposition opposing Government, but I believe that there are certain matters with which you do not play politics. There are certain matters that are so important that they touch and concern the nation, the lives and livelihood of the people of Guyana, and the National Assembly must always act in the best interest of all of Guyana’s people’ – AG Nandlall

“I am not at all optimistic that anything will come out of this exercise; it’s another sham, and it will be another futile exercise, unless I am completely wrong,” he said Wednesday during a television programme on the National Communications Network.
The new committee first met on January 13, when Government Chief Whip, Ms. Gail Teixeira was reappointed as its chairperson. Subsequently, another meeting was convened on Monday, January 20, and according to Minister Nandlall, the Opposition has taken the same approach they employed with the last committee, applying various delaying tactics to frustrate the conclusion of this process.
“I am disappointed, and it is with deep regret that I have to continue to say that the Opposition is not working in a constructive way. I have no difficulty with the Opposition opposing Government, but I believe that there are certain matters with which you do not play politics,” he said.
“There are certain matters that are so important, that they touch and concern the nation, and the lives and livelihood of the people of Guyana, and the National Assembly must always act in the best interest of all of Guyana’s people. But in this instance, the majority Opposition is working, and contrary to what is in the best interest of people, and that is highly regrettable,” he added.
Since the new committee has been convened, Minister Nandlall said the battle to get the Opposition to agree to schedule frequent meetings has already begun.
“The only grouping I know which has expressed a desire for this Bill to not be passed is the Opposition,” he declared.

DELAYING TACTICS
The AML/CFT Bill was tabled in the House since March 2013, and was subsequently sent to a select committee, as per the Opposition’s request. However, the work of that committee suffered incessant delays at almost every meeting for approximately four months.

‘All of the utterances which have been made by the private sector, the Bankers Association, by Guyanese from every walk of life and from other sectors of our economy that we are actually encountering several and severe difficulties in transactions across our borders, all those concerns, all those fears and apprehensions are being rejected. The Opposition seems to be oblivious to these things’

These malingering tactics, the minister said, manifested themselves in protracted delays in between meetings; calls for extensive participation of members of the public and stakeholders; and frequent absenteeism that eventually led to a complete boycott of the meetings altogether by the Opposition.
In a desperate bid to meet the November 18 deadline that was given by the Caribbean Financial Action Task Force (CFATF), the Government was left no alternative but to conclude the committee’s work, and return the Bill to Parliament when it resumed after the recess.
However, even at that late hour, and in total disregard of the pleadings by members of the private sector, other relevant stakeholders and the Guyanese population as a whole, the Opposition withheld their support in passing the Bill. As a result, Guyana missed the crucial deadline, and was blacklisted as warned.
The Bill was re-tabled in the House in December last, on which occasion the Government said that the Bill was examined, clause by clause, by the CFATF, which assured them that it met all the necessary requirements.

‘I am not at all optimistic that anything will come out of this exercise; it’s another sham, and it will be another futile exercise, unless I am completely wrong…’ – AG Nandlall

This notwithstanding, the Opposition insisted that the Bill be returned to a select committee. Notably, since the Bill was initially tabled, and even when it was re-tabled recently, there have been no proposals, to date, from the Opposition with regards to any changes they wish to see effected.
“We have been saying over the last nine months, that if it is that they have a proposal, then they should put it forward,” Minister Nandlall said. “If there are clauses that they wish to amend, then they should put it forward, so that they can be examined.”
At the last meeting of the new committee, on January 20, all of its members were present, with the exception of AFC’s leader, Mr. Khemraj Ramjattan. The agenda of the meeting at reference was to work out the modalities on how the committee will function.

UNACCEPTED PROPOSAL
As the subject minister, the AG made a proposal, seeing that the Bill has already benefitted from the input of the widest possible consultative exercise (by both members of the public and stakeholders) at the last committee.
Among some of the stakeholders who came forward and made presentations were: The Bankers of Guyana; The Women Lawyers Association; The Director of Public Prosecutions; Professor Clive Thomas; and Ram and Mc Rae Accounting Firm and several other entities.
Seeing that the contributions made during these sessions were all taken into consideration and incorporated in the Bill where possible, and having regard to the fact that the Legislation has already been approved, almost clause by clause, by the CFATF, Minister Nandlall said:
“The Government does not wish to change anything; the Bill is before the committee because the Opposition wants it to be there. Therefore, I believe that a prudent approach which we should consider as a committee is for the Opposition to put forward any proposal they have, or any amendment they wish to make…This was my proposal, and it was not accepted.”
According to Nandlall, the Opposition wants the committee to re-advertise for more persons to come forward to submit presentations/proposals, but as he was at pains to explain to them, because of the time constraint, mechanisms need to be devised so as to allow for the expedient execution of the task at hand.
As it turned out, Jaipaul Sharma of APNU was the lone Opposition member on the committee who was willing to work on the Bill. He was quickly silenced by colleagues higher up the food chain, who insisted that they wanted more stakeholders to come on board. Left with little choice, the Government has since acceded to this demand.

NO PRESS; NO STAKEHOLDERS PRESENCE
In the interest of transparency, the Government had initially requested for the press to be present at meetings of the committee. Minister Nandlall even said that the Government has no qualms with the proceedings being transmitted live to the Guyanese public.
However, the Opposition is not willing to allow this happen. According to the AG, APNU members are of the view that it is dangerous to expose the workings of the committee to the press. They informed the Government that they will have to consult with their Party’s principals before they can give a commitment to this issue.
The Opposition also objected to the presence of important stakeholders to observe the committee’s work. They contend that they need to consult their principals on this as well.

GREATER RISK
Despite attempts to convene the next meeting of the committee at the earliest possible date, the Opposition has indicated that they want the meeting to be held on January 29, even though Minister Nandlall explained that the country has a specific timeframe to conclude this matter.
The FATF will be meeting in mid-February in Paris, France. This Body can put Guyana under review at the international level as a delinquent country.
“Right now we are blacklisted regionally, by a regional body, but with international consequences…the procedure to which we will be subject is going to be much harsher, much more oppressive and much more rigid if we become subject an ICRG review to be done by the FATF, the world body. This is why we are saying let us not expose Guyana to that risk…,” the AG informed.
He noted that if this Bill is not passed before CFATF’s May 2014 meeting, then this body will recommend that Guyana be subject to an ICRG (International Co-operation Review Group) review which will be done by the FATF. This review can take as long as seven years to be completed, during which time the country will remain blacklisted.
The AG also responded to the Opposition’s allegations that the Government is using “scaremongering tactics” in relation to the consequences that the country is currently facing as a result of it being blacklisted.
“All of the utterances which have been made by the private sector, the Bankers Association, by Guyanese from every walk of life and from other sectors of our economy that we are actually encountering several and severe difficulties in transactions across our borders, all those concerns, all those fears and apprehensions are being rejected. The Opposition seems to be oblivious to these things,” he said.
When Guyana failed to pass the AML/CFT Bill before the stipulated deadline, the CFATF issued an adverse public statement, calling on member states which fall under its jurisdiction to take the necessary measures to protect themselves from the risks that Guyana poses as a money laundering and terrorism State.
CAFTF also informed that if the identified deficiencies are not satisfactorily rectified, namely, the approval and implementation of the required legislative reforms, by the next Plenary Meeting, that is, by May 2014, then Guyana will be referred to the FATF/ICRG.