Our Mission
To ensure that proper legal services are provided to the Government; to provide statutory services to the public relating to the public trust and bankruptcy matters; and to register titles, mortgages, companies, societies and other bodies as well as other documents, as required by the law.
Statement by A.G and Minister of Legal Affairs on private charges brought against Ministers - 24 April, 2018
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AG attending major financial crimes confab - The Chronicle Newspaper -18 April, 2018
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Attorney General Basil Williams
CHAIRMAN of the Caribbean Financial Action Task Force (CFATF), Attorney General Basil Williams, has left Guyana to attend a major conference in Miami, Florida, which will brainstorm ways to strengthen the fight against money laundering.
Williams will be making a presentation on FinTech effects on the changing role of the Compliance Officer. The conference is the fourth ComplianceAid: Anti-Money Laundering & Financial Crimes Conference and the second AMLFC Institute Conference. It will run from April 18-20.
The ComplianceAid Conference is an annual event which focuses on Anti-Money Laundering, Countering the Financing of Terrorism, and Financial Crimes Prevention. The conference targets regulated entities of the Americas. Over the past three years, the annual ComplianceAid Conference has grown to be the premier gathering of directors and professionals in the AML space, across the Region and beyond, the AG’s Chamber said in a release. With over twenty (20) general sessions, the ComplianceAid conference provides high-quality exposure to a captive audience of arguably the most influential leaders and professionals in the sector.
This two-day event is designed to provide practical knowledge of AML/CFT and will address the peculiarities of operating a business in the Americas. Additionally, the AG Chambers said the conference will equip all participants with useful knowledge which they may implement within their organisations. To this end a group of high profile regulators and compliance experts will discuss challenges faced by regulated businesses. Unlike any other, this conference will address the issues from a non-U.S. point of view.
According to the release, beyond complying with the AML/CFT annual training requirements, this conference will provide participants a unique opportunity to personally engage with regulators and other experts. This personal contact will allow for a better understanding of the approach to enforcement in their respective jurisdictions.
Williams over the past two years has been on a warpath to ensure that Guyana remains compliant with the global anti-money laundering regime. Only last week, he implored supervisory bodies here to intensify their efforts on a collaborative front to bring money launderers to justice, lest the country be left out in the cold during the 4th Round of Mutual Evaluations.
Last Friday during an Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) National Coordination Committee Seminar at the Bank of Guyana, Minister Williams reminded representatives of supervisory agencies present, that major emphasis is placed on ‘Technical Compliance’ and ‘Effectiveness’ during the 4TH Round of Mutual Evaluations.
Williams said although Guyana has the requisite AML/CFT legislation in place, it has not recorded a single prosecution or conviction to date, noting that such a scenario does not augur well for the country. “We have to tighten up, otherwise we drown in a pool,” he said frankly.
Singling out the Financial Intelligence Unit (FIU) and the Special Organised Crime Unit (SOCU), the attorney general made it clear that there is no way Guyana could graduate out of the 4th Round of Mutual Evaluations without having convictions.
Failure to show signs of effectiveness, when the 4th Round of Mutual Evaluation is held in 2021, the new deadline set from the previous 2022, he further warned that such could result in FATF issuing a public statement calling on countries to adopt counter measures, which include the option to cut ties with the default country or enhanced due diligence.
FATF conducts 4th Round of Mutual Evaluations for its members based on its 2012 Recommendations and the Methodology for Assessing Compliance with the FATF recommendations and the Effectiveness of AML/CFT Systems (2013), which is periodically amended.
Press Release - 11th April, 2018
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Attorney General and Senior Regional Officials.
ANTI-CORRUPTION SENSITISATION SEMINAR...
As the Attorney General Chambers and Ministry of Legal Affairs continues with its efforts to combat corruption, a sensitisation seminar was hosted on Wednesday, 11th April, 2018 with stakeholders of Region three (Essequibo Islands/West Demerara) at the Regional Democratic Office, Vreed-en-hoop.
The seminar was based on the approaches and systems in place to enact anti-corruption measures nationwide and saw the participation of representatives from the Ministry of Education, Police 'D' Division, Guyana Water Incorporated (GWI) and various Neighbourhood Democratic Councils. The discussions fostered on sensitising the large gathering on the implemented mechanisms such as the State Asset Recovery Act, the Protected Disclosures (Whistleblower) Act, and the Witness Protection Act, to not only protect state property but also individuals who lawfully report on illegal transactions.
Corruption was illustrated as a leading cause for stagnating the growth of Guyana and the quality of life of its people. Much emphasis was placed on the billions of dollars that have been lost as a result of fraudulent and other criminal activities, even within the public sector.
Presenting on State Asset Recover Act Ms. A Dhurjon
Among the team of presenters were the Chief Executive Officer (CEO) of the State Asset Recovery Unit (SARU), Aubrey Heath-Retemyer who elaborated on the negative impact the country faced as a result of corruption; Legislative Drafting Consultant Ananda Dhurjon, provided an overview of the State Asset Recovery Act; Parliamentary Counsel Ronetta Sargent outlined a detailed presentation on the Protected Disclosures (Whistleblower) Act. Ms. Joan, the Principal Parliamentary Counsel, thoroughly defined the Witness Protection Act and Assistant Director of Public Prosecutions, Teshana James-Lake concluded presentations by urging public officials to abstain from illegal activities and report any such criminalizing activities which they are knowledgeable of.
Attorney General and Minister of Legal Affairs, Hon. Basil Williams, S.C, M.P and team stressed that in order to coordinate a successful battle against corruption; one must be willing to cooperate in the fight for a new-birthed Guyana with little to no exploitation of state resources. According to the Minister, corruption is everyone's business, and therefore, knowledge of any such activity should be reported.
The Government will ensure that organisations and individuals conduct their business in an honest and efficient manner and to this end has taken the mentioned institutional and administrative measures to stamp out corruption in Guyana.
Participants
The new regulations are embedded to warrant fairness, stem the scourge of corruption and lessen mismanagement of resources in public offices, ultimately leading to a corruption-free public service. Minister Williams and his team of professionals will continue to stimulate the interest of the Guyanese people in the fight against corruption.
Cybercrime Bill ready for Parliamentary passage – Attorney General - Kaieteur Newspaper -17th April, 2018
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In the age of technology, cybercrimes such as computer fraud, hacking, copyright infringement, unwarranted mass-surveillance, sextortion, and cyber bullying are becoming increasingly prevalent.
While Guyana currently lacks the capacity to tackle such crimes, efforts geared towards the introduction and implementation of cybercrime legislation has been taking place.
Two years ago, the draft cybercrime legislation came on stream. The Cybercrime Bill 2016 provides for the creation of offences related to cybercrimes, such as child pornography, hacking, identity theft and cyber bullying, as well as related penalties.
It covers a wide range of areas including illegal access to a computer system, illegal interception of data, illegal data interference, illegal acquisition of data, and illegal system interference.
Penalties for these offences are a fine of $3 million and imprisonment for three years upon summary conviction and on conviction on indictment, a fine of $5 million and imprisonment for five years.
Speaking at recently held training programme for State Prosecutors, Attorney General and Minister of Legal Affairs, Basil Williams, announced that the Cybercrime Bill will be ready passage of Parliament by the next sitting of the National Assembly on April 26 next.
Williams told reporters that the draft Bill was just completed in the Special Select Committee, and it will be going to the floor of Parliament for passage.
Once cleared by Cabinet, the draft legislation will be presented to the National Assembly.
The legislation was presented to Cabinet prior to a series of consultations and adjustments.
Emphasizing the need for such legislation, Williams said that the technological era brought with it the 21st century phenomenon of cybercrimes.
“A new type of crime has surfaced; this legislation is aimed at tackling such crimes. It treats with the creation of cybercrime offences, and contains provisions for penalties, investigations and prosecutions of such offences.”
The Attorney General pointed out, too, that with the Cybercrime legislation soon to come into force, there is need for State prosecutors to be equipped with the knowledge and skills to deal with cybercrime offences.
According to Williams, the proposed cybercrime legislation is the first step in establishing a comprehensive approach to fighting online crime and ensuring users are protected.
He stressed that it is essential in providing for investigative methods that will enable law enforcers to prosecute offenders.
“Business owners want to be sure that countries, in which they operate, provide mechanisms to ensure that these crimes do not go unpunished and legal avenues are provided in which these businesses may be compensated for their losses.”
“Since the development of Information and Communication Technology (ICT) over the last few decades, it has revolutionised the world and has significantly impacted every aspect of our lives.
It has changed the way in which we communicate, study, shop, conduct our business, among others. This revolution of the ICT has led to the emergence of a different type of crime – cybercrime,” he said, while noting that cybercrime is prevalent in every nation.
The Minister of Legal Affairs said, too, that citizens need to be sensitised and educated about cybercrimes to prevent or reduce the risk of becoming victims. Cybercrime constitutes criminal activities, which occur online, including illegal access to a computer system; illegal interception; illegal data interference; illegal acquisition of data; illegal system interference; unauthorised receiving or granting of access to computer data; computer related forgery; computer related fraud; offences affecting critical infrastructure; identity related offences; child pornography; child luring and violation of privacy among a sleuth of other offences.
Bring money launderers to justice - The Chronicle Newspaper -14th April, 2018
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Attorney General and Minister of Legal Affairs Basil Williams
…AG tells AML/CFT seminar as he warns of challenges in Fourth Round evaluation
ATTORNEY General and Legal Affairs Minister Basil Williams said supervisory bodies must up their efforts on a collaborative front to bring money launderers to justice, lest the country be left out in the cold during the 4th Round of Mutual Evaluation, as he pointed to the challenges currently faced by Trinidad and Tobago.
During its 4th Round of Mutual Evaluation, Trinidad and Tobago was placed in the “Enhanced Follow-up” category after being considered by the Financial Action Task Force (FATF) to be non-compliant or partially compliant as a result of low or moderate effectiveness.
On Friday during an Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) National Coordination Committee Seminar at the Bank of Guyana, Minister Williams reminded representatives of supervisory agencies present, that major emphasis is placed on ‘Technical Compliance’ and ‘Effectiveness’ during the 4TH Round of Mutual Evaluation.
Williams, who is also Chairman of the Caribbean Financial Action Task Force (CFATF), said although Guyana has the requisite AML/CFT legislation in place, it has not recorded a single prosecution or conviction to date, noting that such a scenario does not augur well for the country.
“We have to tighten up, otherwise we drown in a pool,” he said frankly.
Singling out the Financial Intelligence Unit (FIU) and the Special Organised Crime Unit (SOCU), the attorney general made it clear that there is no way Guyana could graduate out of the 4th Round of Mutual Evaluation without having convictions. Failure to show signs of effectiveness, when the 4th Round of Mutual Evaluation is held in 2021, the new deadline set from the previous 2022, he further warned that such could result in FATF issuing a public statement calling on countries to adopt counter measures, which include the option to cut ties with the default country or enhanced due diligence.
FATF conducts 4TH Round of Mutual Evaluations for its members based on its 2012 Recommendations and the Methodology for Assessing Compliance with the FATF Recommendations and the Effectiveness of AML/CFT Systems (2013), which is periodically amended.
SOCU Director Sydney James said while suspected cases of money laundering and terrorist financing are referred to SOCU by the FIU, its tasks become even more difficult due to the number of challenges it faces. Cases from other agencies such as the Guyana Police Force are also referred to SOCU.
“One of the major challenges for us at SOCU has been the adequacy of staff,” James posited, while pointing out that for more than three years, its staff complement has not grown significantly.
“The major challenge we have is that most of these staff came over from the regular police service. They might be very familiar with the conduct of criminal investigations, but once there is a financial investigation that is when some of the challenges arise,” he explained. James, however, noted that a number of his investigators are participating in the two-week anti-corruption training course being facilitated by British experts, Tony Crompton and Mark Dilliway, who both have over 30 years experience in serious and organised crime, as well as fraud with the City of London Police.
Finance and its budgetary allocation remain a challenge. “It is our expectations that all the areas…staff, training and equipment are addressed if we are really to support Guyana advancing of out the 4th Round of Mutual Evaluation,” James posited.
Despite the current challenges the country faces, FIU Senior Compliance and Outreach Officer Alicia Williams said Guyana is scheduled to undergo the 4th Round of Mutual Evaluation in the fourth quarter of 2021, however, the evaluation could be brought forward.
Williams explained that once the Mutual Evaluation Report (MER) is adopted, the country will move onto the ‘Follow-up Process.’ That process entails two categories: Regular Follow-up and Enhanced Follow-up.
“If you have done exceedingly well during your Mutual Evaluation Report, you will be placed in Regular Follow-up. This is a default- monitoring mechanism for all countries and the first report to plenary after the adoption of the MER would be two and a half years, or after five plenaries,” the FIU officer explained.
However, the Enhanced Follow-up deals with members with significant deficiencies, and as such the first report to plenary would be one and a half years after adoption of the MER or three plenaries.
“Having satisfied the requirements to enter the enhanced follow-up, the country also meets the requirement for the FATF ICRG one-year observation,” she further explained. The FIU senior compliance officer said Guyana should aim to enter the regular follow-up process.
FATF Recommendations and Methodology, Requirements of the 4th Round of Mutual
Evaluation, Procedures of for the 4th Round of Mutual Evaluation, Technical Compliance and Effectiveness, Requirement to collect and maintain AML/CFT data and statistics were among areas covered during the one-day seminar. It is the hope of the Legal Affairs Ministry that supervisory agencies will utilise the information in the interest of the country.
