– AG says new State Asset Recovery Agency could probe current and former gov’t officials
By Ariana Gordon

BOTH sitting and past ministers of government and public functionaries can be investigated by the State Asset Recovery Unit (SARU) when legislation to set up a new agency is passed, Attorney General and Minister of Legal Affairs Basil Williams said Wednesday. Speaking at a press conference ahead of public consultations on the SARU Bill 2016, being held today at the Pegasus Hotel, the Attorney General said the legislation has six parts and is designed to create the State Asset Recovery Agency (SARA).
SARA will have as its primary function the recovery of State property obtained through the unlawful conduct of a public official or other person, or any benefit obtained in connection with that unlawful conduct, by way of civil proceedings taken in the High Court for a civil recovery order (Civil recovery is a form of non-conviction based asset forfeiture).
“Of course, public official means past and present, so it doesn’t mean that because you’ve left the office that you escape the reach of SARU,” said the Attorney General.
The agency would be headed by a director, who, along with his staff as well as designated officials of the Ministry of Public Security (Police and Immigration officers), the Ministry of Finance (Customs and Revenue Officers), will be empowered by the legislation.
The 2016 Bill proposes to create a State Assets Fund, which is to receive credits from Civil Recovery Orders and payments made, or debts recovered in relation to Civil Recovery Orders made under the legislation.
According to the draft legislation, 25 per cent of all monies derived from the enforcement of a recovery order shall be credited to the fund, along with the proceeds of sale of property. Additionally, any income derived from the investment of any amount standing to the credit of the fund shall also be added to the fund.
The director may authorise payments out of the Recovery of State Assets Fund to facilitate the discharge of SARA’s functions, including commencement of action for the enforcement of this Act; to compensate victims who suffered losses as a result of an unlawful conduct; to transfer recovered property to a foreign state or territory or share it pursuant to any treaty, agreement or arrangement.
Funds may also be used for the training or capacity-building of staff along with the payment of fees to counsel, forensic experts, investigators, receivers and other professionals who provide their expertise or assistance.
The Attorney General said too that there is the aspect of international cooperation as it relates to state assets unlawfully stolen and acquired by public officials or any other person. He said those assets would be reached through whichever trail guides the SARU Director and his staff.
Guyana has over the past few months been working with the World Bank, the United Nations (UN), and British experts to finalise the Bill, which was placed on the Ministry of Legal Affairs website two weeks ago.
As such, representatives of the United States Embassy, including Ambassador Perry Holloway, SARU’s Director, UN and World Bank as well as Chief Parliamentary Counsel Cecil Dhurjon will be participating in the consultations today.
“This Bill is vital in the war against corruption by state officials and public officials and persons who they may act in concert with,” the Attorney General told reporters said.
According to the Attorney General, the Bill is important because SARU has encountered several difficulties in executing its duties over the past few months in the area of accessing information.
He said during the course of investigation, SARU found that vital information could not be provided to the entity.
The State Assets Recovery Bill 2016 intends to give effect to the non-conviction- based asset recovery recommendations contained in the United Nations Convention Against Corruption 2003, which was ratified by the Government of Guyana in April 2008.
As such, the Bill seeks to fight against unlawful conduct and corrupt practices in relation to property and other assets owned by the State, or in which the State has an interest. The granting of a civil recovery order vests in the State, ownership of any property subject to the order. SARA will have a director with responsibility for the effective management and execution of its functions.
The new legislation is to be placed before the National Assembly after the parliamentary recess.