—CFAT, FATF requirements scoffed at… : APNU’s positions on AML/CFT Bill amounts to ‘anarchy’

Pull quotes:
“The positions of the APNU are anarchistic.” Select Committee Chair, Gail Teixiera
“The cumulative effect of the two positions of the main Opposition which were advocated amounts to anarchy under our current Governmental and Constitutional structures, where the Executive Government is constitutionally mandated to perform certain functions.”– Attorney-General and Minister of Legal Affairs, Anil Nandlall
THE Parliamentary Special Select Committee, reviewing the Anti-Money Laundering and the Countering of Financing of Terrorism (AML/CFT) (Amendment) Bill, met last evening and its Chair, Gail Teixiera, contends that the new position advanced by the main Opposition is anarchistic.In an interview with the Guyana Chronicle, she said that while the Alliance for Change (AFC) absented itself from the meeting, A Partnership for National Unity (APNU) and Government are now tangled in disagreements over two main issues – the necessity to comply with international regulations and the powers of the President and Ministers in the local AML/CFT framework.

“The positions of the APNU are anarchistic,” she posited.
Last night the Select Committee, which has been reviewing the AML/CFT Bill for more than 12 months now, reviewed counter-proposals to APNU’s amendments to the principal AML/CFT Act, which were offered by the Attorney-General and Minister of Legal Affairs, Anil Nandlall, in the interest of ensuring that the amendments made are CFATF-compliant, and reaching a compromise.
Teixiera stated that these counter-amendments were rejected by the main Opposition.
She said: “The , in an effort to find a compromised position, made amendments and went further to refine these counter-amendments, after CFATF commented on them.
According to the Committee Chair, the APNU has rejected the possibility of the President or any Government Minister having powers vested in their offices in relation to the regulation of the AML/CFT framework in Guyana.
“The APNU will not budge. …this is a fundamental issue over how the Financial Intelligence Unit (FIU) is established. The Opposition wants the appointments to be done through Parliament; that is the appointments for the head and deputy head of the FIU, the body’s lawyer and accountant. It is a fundamental difference,” Teixiera said.
SCOFFED AT
Additionally, she stated that APNU has scoffed at the necessity of Guyana meeting the requirements set by the Caribbean Financial Action Task Force (CFATF) and, by extension, the Financial Action Task Force.
“APNU has essentially scoffed at the issue of compliance with CFATF and FATF. They are not willing to accept that Guyana has to be brought into compliance with CFATF, FATF requirements. What the APNU is saying is that these bodies can make mistakes,” Teixiera said.
The Committee Chair noted that “scoffing at CFAT and FATF” and the role these bodies play in guarding and protecting the global financial system, as well as regulating it, is an “anarchistic”position.
She said: “Guyana is part of the global economy and must be part of international regulatory system. This is cavalier and anarchistic approach to the regulations of the global economy. It is very disturbing.”
According to her, APNU is maintaining its demands, which reflect conditional support for the passage of the AML/CFT (Amendment) Bill.
APNU has proposed three amendments, but given that the APNU’s proposals were viewed as problematic, hence the offer of counter-proposals by the Attorney-General. Also the party is calling for the President to be given his assent to several Bills passed in the National Assembly – Bills the Head of State has described as clashing with the Constitution.
“Clearly the Opposition’s position is all or nothing…It is clear that we have reached an impasse and at this point we don’t know what will be the next step,” Teixiera said.
RESOLUTION IMPOSSIBLE
The Attorney-General also commened on the outcome of last night’s meeting and contends that the Committee seems to have reached a stage where a resolution is impossible.
He said: “I have tried my best to arrive at a compromise by putting forward counter-amendments to their proposals, which were designed to remove from their amendments the portions that I originally felt would be offensive to CFATF and FATF requirements, and which actually were deemed by CFAT, after review, to be repugnant to their guidelines, as well as fundamental principles and international regulations in relation to the FIU.
“When my proposals were being considered by the Committee last evening, the main Opposition rejected out of hand my counter-proposals declaring in very unequivocal and unambiguous language that they do not consider themselves bound to observe the opinion of CFATF or any of their guidelines or recommendations.
The APNU’s position now brings into question a principle, which is whether they have any regard whatsoever for Guyana’s obligations under international convention, treaties, agreements, international rules and even international law.
“We saw a clear and egregious demonstration of that approach when they voted down an amendment to the Customs Act, which sought to bring our Customs laws in conformity with the revised Treaty of Chaguramas, thereby directly causing a judgment to be awarded against the State of Guyana in the sum of US$6M.”
Nandlall noted that this type of approach breeds uncertainty as it relates to moving forward, not only on the AML/CFT (Amendment) Bill, but generally in relation to Guyana’s international obligations.
He said: “The second shocking revelation from the Opposition was their unconditional insistence that neither the President, nor any Minister, should play any role in the AML/CFT (Amendment) Bill, in respect of appointments or any role whatsoever.
“In fact, the manner in which they articulated this position lent itself to the inference that such a position is not limited to the AML/CFT Bill, but extends to all Bills in the future. This is an outrageous position.
“The cumulative effect of the two positions of the main Opposition, which were advocated yesterday, amounts to anarchy under our current Governmental and Constitutional structures, where the Executive Government is constitutionally mandated to perform certain functions.”
The Parliamentary Special Select Committee was adjourned indefinitely.
Written By Vanessa Narine

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