—AML/CFT deadlock continues
THE Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) Amendment Bill, is one of the most important things in our country presently, President Donald Ramotar says.The Parliamentary Special Select Committee currently reviewing the Bill concluded its review of the proposed amendments by the Opposition last Wednesday and is expected to consider counter-proposals made by the Attorney-General (AG) and Minister of Legal Affairs, Anil Nandlall, on behalf of the Government. However, the date for the next Committee meeting has not been set.

Quote: ‘…this is most ridiculous and outrageous behaviour by an Opposition, which is deliberately and knowingly exposing the people of this country to difficulty.’ – President Donald Ramotar

“We are working to get an agreement, but the only agreement we can make is one that is CFATF complaint,” the President said, in an interview with the Guyana Chronicle yesterday, when asked about the counter-proposals.
He explained that the type of compromise is constrained by the parameters for compliance set by the Caribbean Financial Action Task Force (CFATF) and, by extension, the international body, the Financial Action Task Force (FATF).
A Partnership for National Unity’s (APNU) original three changes would proffer changing the entire governing apparatus of the FIU; removing the Attorney General wherever that name appears and replacing 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.
The Head of State said: “We already have a bill that CFATF and FATF have said is compliant. The whole international community has said the Bill, as it stands, is compliant.
“The danger with the proposed amendments is that they can make what is compliant now-the law that was passed in 2009, the principal Act can be made non-compliant.”
IRRESPONSIBILITY
He referenced the recognition of the importance of AML/CFT legislation by Opposition factions in other Caribbean countries and underscored the difference locally.
Mr. Ramotar said: “Our Opposition seems incapable of taking any type of patriotic position to defend the interests of the people of Guyana.
“…this is most ridiculous and outrageous behaviour by an Opposition, which is deliberately and knowingly exposing the people of this country to difficulty.”
He acknowledged the concerns of enforcement and pointed out that this challenge is not unique to Guyana; rather it is one seen across the Caribbean and is the subject of the amendments in the AML/CFT Bill.
CFATF has made legislative recommendations, which are addressed by the Bill, as well as non-legislative recommendations, where Guyana has made progress.
These non-legislation recommendations include: establishing guidelines for supervisory authorities, a whole mechanism in Guyana’s commercial architecture to connect them; the stablemen of a national task force, which include representative from the Ministries of Legal affairs, Finance, Home Affairs, and representatives of the Central Bank, the insurance sector, the Guyana Defence Force, and the private sector, among other; and the establishment of a Specialised Organised Crime Unit (SUCO), for which the recruitment of staff has already started.
The President said: “This new Bill is here to strengthen the law, so that the amendments are factors in the attempt to capture people who are involved in money laundering.
In addition to their proposed changes, APNU is also calling for the Head of State to assent to several Bills he had returned to the National Assembly, for the reason that they were unconstitutional.
Meanwhile, the Alliance For Change (AFC), supportive of APNU’s stand, 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.
“It is a total irresponsible act by the Opposition,” the President said.
OPEN TO DANGER
Mr. Ramotar added that the actions of the combined Opposition are undoubtedly opening Guyana to danger.
He said: “We see by their action that they are opening our country to danger…they are creating a weakness in our legislation, by making our country non-compliant. They are fighting a very important measure. I find it extremely disturbing.”
“…they have opened our country to serious danger because this Bill, which is a result of international agreements for countries to have similar legislation to fight against money laundering and the financing of terrorism; this is why the sanctions are so severe.”
The President lamented the fact that the reasoning and explanations on the need for the enactment of the AML/CFT Bill by a high-profile CFATF team, which visited Guyana two weeks ago, seems to have been ignored.
He said: “The CFATF team came into the country and explained to all and sundry the dangers that Guyana faces if we become blacklisted and how much it can harm Guyana. The fear also is that it will also affect the rest of the Caribbean. What we are seeing is the Opposition totally disregarding this.”
Mr. Ramotar questioned who the Opposition is defending by opposing the Bill.
“This Bill is an anti-corruption, anti-money laundering, anti-terrorism Bill. We have the Opposition on one hand talking about corruption and so on and here we have the Bill that addresses these things and the Opposition is knocking it down. Who is the Opposition defending when they are now going against this Bill?” he said.
Guyana has already been blacklisted, regionally, by CFATF and the final deadline for it to ensure compliance with the recommendations of the latter is May 29.
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) and, if that is done, Guyana could face further sanctions, including being put on the international blacklist.
By Vanessa Narine