Ministry of Legal Affairs

Cybercrime Bill ready for Parliamentary passage – Attorney General - Kaieteur Newspaper -17th April, 2018

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Published: 17 April 2018

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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Published: 16 April 2018

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.

Weeding out corruption is everbody’s business– Attorney General - The Chronicle Newspaper -11th April, 2018

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Published: 16 April 2018

Attorney General and Legal Affairs Minister, Basil Williams (Photos by Adrian Narine )

ANTI-corruption is everybody’s business, Attorney General and Legal Affairs Minister, Basil Williams SC, said as he enlisted the support of public and private office-holders to aid the eradication of the scourge.

Minister Williams was at the time delivering remarks during an Anti-Corruption Sensitization Seminar on Wednesday at the Region Three Regional Democratic Council (RDC) Head Office at Vreed-en-Hoop. The seminar, which focused on key anti-corruption legislation such as the State Asset Recovery Act, the Protected Disclosures (Whistleblower) Act, and the Witness Protection Act, was organized by the Attorney General’s Chambers and the Ministry of Legal Affairs in collaboration with the Regional Administration.

While stating that the Government is serious in its quest to reduce corruption in the country, Minister Williams said all must get involved. A reduction in corruption would also aid in a reduction in poverty, he posited while noting that these two are correlated.
Chief Executive Officer (CEO) of the State Asset Recovery Unit (SARU), Aubrey Heath-Retemyer said corrupted activities in the country have reduced since 2015 but emphasized that there is much more work to be done to stamp out corruption.

He reported that between 2010 and 2014, the country’s development was significantly hampered as a result of procurement fraud, illicit capital flights and the underground economy.

According to him, during that period, between $28B and $35B was lost to procurement fraud every year. Today, he said, the Government has been putting the necessary systems in place to prevent such corrupt activities. Currently, the Special Organised Crime Unit (SOCU) with support from the United Kingdom is facilitating a rigorous two-week anti-corruption training course, targeting participants from SOCU, the Customs Anti-Narcotics Unit (CANU), the State’s Assets Recovery Unit (SARU), the Criminal Investigation Department (CID) and the Financial Intelligence Unit (FIU).

Illicit capital flight was running in the vicinity of $90B every year, the SARU CEO added.
The underground economy, he further posited, accounted for over $100B and while some people believed that it helped, he said one must not forget its damaging effects on society.
In an effort to root out corruption, Heath-Retemyer said that SARU, since its establishment, has been working with Regional Democratic Councils and their Regional Executive Officers (REOs).

Preliminary findings have revealed that some moveable assets such as state vehicles and machines could not have been accounted for because the inventories were total chaos, he reported.

There were and continue to be issues surrounding “fixed assets” such as government houses in the regions, he added while explaining that government officials have either overstayed their time, or vacated but left their families inside, or have renovated to the extent that the ownership is being questioned.

“SARA is not only talking….There are a number of companies in this country that had large tracts of lands assigned to them, and they were paying peanuts at the end of the year in royalty or leases. One such company was just paying for one acre …$25 per annum and they had some 99 years leases too,” he said.

SARU with the help of other stakeholders, took back approximately two million acres of state lands from various companies and individuals, Heath-Retemyer reported.
Stating that SARU’s mission is to reduce corruption and simultaneously increase transparency within government agencies, he assured that with time, Guyanese will feel the effects of SARU’s work.

“We expect that over time the accumulative effect of our work will be felt by each Guyanese. We know that it will take time, but if you ask us, those figures, every one of them, from the time this new administration started, we have been able to reduce those numbers so that they are declining every day that we speak,” Heath-Retemyer assured.
He noted that presently SARU is building a number of cases to ensure that they are ‘watertight,’ before the perpetrators are taken before the courts.

In addition to Heath-Retemyer, Legislative Drafting Consultant Ananda Dhurjon gave an overview of the State Asset Recovery Act while Parliamentary Counsel Ronetta Sargent gave a detailed presentation on the Protected Disclosures (Whistleblower) Act. An overview of the Witness Protection Act was given by Joan Bond – the Principal Parliamentary Counsel while Assistant Director of Public Prosecutions, Teshana James-Lake, like many of the presenters, asked holders of public offices to desist from corrupt activities and/or report any case of corruption within their agencies. The REO Dennis Jaikaran was among regional officials present.

The anti-corruption sensitization seminar formed part of a nationwide movement by the AG’s Chambers aimed at bringing much-needed awareness about a menu of legislation that would aid in corrupt persons being brought to justice, and the recovery of state resources.

Jail them! - The Chronicle Newspaper -10th April, 2018

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Published: 16 April 2018

Ministers of Public Security (second left) and Legal Affairs (third left), Khemraj Ramjattan and Basil Williams, SC. stand with British High Commissioner Greg Quinn (third right), Irish Financial Investigations adviser to SOCU, Dr Sam Sittlington (centre), Police Commissioner (ag) David Ramnarine (left) and two British anti-corruption and fraud experts (extreme right)

–British envoy urges zero tolerance for corrupt law enforcement agents

BRITISH High Commissioner to Guyana, Greg Quinn on Monday charged investigators to isolate themselves from fraud, bribery and corruption or face the full brunt of the law.
“There is no place for corruption in the security agencies in Guyana. If officials and individuals cannot work with honesty and integrity, then they should be drummed out, prosecuted and imprisoned as necessary,” declared Quinn.

He noted, too, that if investigators are involved in criminal activities, then it would be impossible for the security sector to expect respect, support and cooperation from the public.

Speaking at the opening ceremony of a two-week anti-corruption training course facilitated by the Special Organised Crime Unit (SOCU) on Monday, the High Commissioner told the 30 participants from SOCU, the Customs Anti-Narcotics Agency (CANU), the State’s Assets Recovery Agency (SARA), the Criminal Investigation Department (CID) and the Financial Intelligence Unit (FIU) they need to take their responsibilities seriously.

“It is therefore incumbent on each member of the security agencies to fulfil their task to the highest of standard,” he said. “Not only is it the right thing to do but as the funders of this and other training, it is what the British Government expects.”
He noted that the training will see local law enforcement officials understanding the intricacies of investigating serious and complex fraud, bribery and corruption cases. Week one will concentrate on investigation methods for fraud, while week two will focus on methods and offences of bribery and corruption.

As part of the training programme, the participants will examine major fraud and bribery case scenarios designed to have them put into practice that which they have learned.
“All of you here today can and must set the example for everybody else to follow,” said Quinn.
The two-week programme will be run 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.

NEED TO BE ENFORCED
Attorney-General and Minister of Legal Affairs, Basil Williams, SC., who echoed similar sentiments as the British envoy, said that there is a great need to enforce anti-corruption laws as stakeholders work together to find, prosecute and jail offenders.
“This requires cooperation and changed attitudes towards corruption,” the Attorney-General said. “Preventing the damaging effects of corruption should be a priority and responsibility for everyone.“Therefore, it is incumbent on us to build and maintain strong, independent institutions to guard against corruption, as well as promoting a culture that makes it impossible for corrupt individuals to thrive. This must be founded on a commitment to zero tolerance for corruption and considering the ramifications of corruption; nothing less is acceptable.”

The Minister said his government welcomes the SOCU initiative to host the training programme, which is being held at the Police Training Centre, Camp Road, Georgetown.
He said his administration has a zero-tolerance on corruption in all forms, while noting that financial crimes were added to the remit of SOCU, whose primary responsibility is combating money laundering, terrorist financing and financing of the Proliferation of Weapons of Mass Destruction.

Noting that the present administration took steps to have several forensic audits conducted upon taking office in May 2015, Williams said that those audits have led to many criminal investigations and charges of fraud for the stealing of State assets.
“But financial crimes investigatory framework requires greater capacity building; financial, prosecutorial and judicial expertise,” he said, adding:
“In its most recent report, the Auditor General noted the scale of overpayment by public officials to contractors, which is but one of the nefarious devices deployed to rob the Government of billions of dollars.”

Referencing the United Nations Office on Drugs and Crime, Williams said corruption undermines democratic institutions, slows economic development, and contributes to governmental instability. He said crimes such as bribery, fraud, misappropriation, embezzlement, and money laundering have dire effects on the economy.

STYMIES ECONOMIC GROWTH
“They stymie economic growth and deplete resources, resulting in poverty, poor health care and lack of proper infrastructures,” the minister said. “Corruption tramples upon the socio-economic rights of citizens and ultimately erodes the moral fabric of society. The integrity of the government and national security are also adversely affected by corrupt practices.”

Corruption also weakens good governance, he said, as principles such as accountability and transparency become non-existent. Moreover, corruption deters both foreign and domestic investment, as it fosters an inequitable environment for trade. Ultimately, our economic dynamism will be reduced.

“To successfully fight against corruption,” the Attorney-General said, “there needs to be effective detection, investigation, analysis of evidence and prosecution of crime; ultimately leading to convictions. It is for these reasons that this course is important.”
Participants of the programme, he said, will over the next two weeks examine the bribery landscape to understand the scale of corruption and bribery and the harm they entail, and our legislative framework to militate against these offences.

The government, he said, has been doing its part by conducting anti-corruption sensitisation seminars in the various administrative regions of the country, which have had significant impact on cases of misappropriation of state assets. Those seminars, he said, have highlighted the importance of the States Asset Recovery Act, the Witness Protection and Whistleblower Act.

“As we are all aware, witnesses and whistleblowers possess the evidence needed to investigate and prosecute offences such as bribery, fraud and corruption,” he stated, while noting that corruption must be exposed.

TIMELY INTERVENTION 
Similarly, Dr Sam Sittlington, Irish Financial Investigations adviser to SOCU, said the training being provided the law enforcement officials is not only timely but relevant. Dr Sittlington said it is important for the participants to be able to conduct thorough investigations into fraud, bribery and corruption cases.

He, like the British High Commissioner, noted the vast experience of the two trainers in the fields, and stressed the importance of having practical experience in this regard.
The programme, Dr Sittlington said, is intense and what is needed for investigators. He noted that oftentimes, investigators are bogged down with looking at PowerPoint presentations or other documents, but through this programme, participants would be tasked with thinking outside of the box and looking at ways in which they can solve fraud, bribery and corruption cases, and ensuring that those found guilty are placed before the courts.

Some 14 SOCU members, nine CID fraud members, two CANU, one FIU and four representatives from SARA are participating in the training programme funded by the British Government.

Also present at the opening of the training programme were Minister of Public Security, Khemraj Ramjattan; Police Commissioner (ag), David Ramnarine; and Head of SOCU, Sydney James.

Courtesy Call by Representatives of the Chartered Institute of Arbitrators-Caribbean Branch (CAIArb) - 28th March, 2018

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Published: 16 April 2018

In the photo are Ms Maureen Paul (the extreme left); Ms Kim Kyte John, Solicitor General; Honourable Attorney General and Minister of Legal Affairs, Mr. Basil Williams; Ms. Joann Bond, Principal Parliamentary Counsel and Mr Calvin Hamilton

On 28th March, 2018, Mr Calvin Hamilton and Ms Maureen Paul, paid a courtesy call on the Honourable Attorney General and Minister of Legal Affairs, Basil Williams, SC, MP on behalf of CIArb Guyana Conference Planning Committee.

The aim of the visit was to update the Honourable Attorney General on the upcoming 3rd International Arbitration Conference which will held in Guyana from 23rd -28th April, 2018. The theme of the Conference is “On the Road to Success-Arbitration as a Tool for Economic Development in Guyana” and is open to members of the legal fraternity and other persons interested in Arbitration. The aim of the Conference is to contribute to the development of domestic and international commercial arbitration in Guyana and the region.

Mr Hamilton informed the meeting that on the 23rd and 24th of April there will be a special course on Commercial Mediation. On the 25th April, 2018 the Conference will be formally opened and the programme for this day will address the fundamental workings of commercial arbitration proceedings. Some of the areas that will be looked at are the basic legal framework for arbitration, the arbitration agreement and the role of the court. On the 26th of April, there will be an ICSID International Arbitration Workshop and this programme will guide participants through each stage of an ICSID arbitration. It will also update participants on the latest developments in ICSID and best practices before ICSID Tribunals by reference to the most recent cases.

Mr Williams in response to the plans of the planning committee, commended them in bringing the Conference to Guyana especially at a time when our country is seeing an increase in investors. He also noted that arbitration is an important tool to settle disputes and legal practitioners should be educated in this area of the law. To this end the Attorney General and Minister of Legal Affairs is in support of the Conference.

Also in attendance at the meeting were Ms Kim Kyte John, Solicitor General, Ms Joylyn Burrowes, Permanent Secretary, Ms Ayanna McCalman, State Solictor and Public Trustee, Ms. Joann Bond, Principal Parliamentary Counsel and Ms Oneka Archer, Principal Legal Advisor.