‘Guyana fit to fight’ - The Chronicle Newspaper - 16th November, 2017

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Published: 16 November 2017

‘Guyana fit to fight’  - by admin - November 16, 2017

Attorney General Basil Williams S.C. escorts President David Granger into the Marriott Hotel for the opening ceremony of the 46th Plenary and Working Group Meetings of CFATF on Wednesday

President assures Guyana is well positioned to combat financial crimes

THE integrity of the Caribbean’s financial sector was placed under the microscope on Wednesday by President David Granger when he addressed the opening ceremony of the 46th Plenary and Working Group Meeting for the Caribbean Financial Action Task Force (CFATF), being held at the Marriott Hotel.

Attorney General and Deputy Chair of CFATF Basil Williams S.C. addressing participants of the 46th Plenary and Working Group Meetings of CFATF on Wednesday

In his address to the gathering which included Prime Minister Moses Nagamootoo and other ministers of government, President Granger noted that the Caribbean is fighting a war against financial ‘privateers’ to preserve the integrity of its institutions and to counter money-laundering and the financing of terrorism. In this light, he said “Guyana is fit to fight” while noting that this country has embarked on the path of passing robust regulations and legislation to protect its financial system from financing unlawful activities 17 years ago.

Over the years, Guyana has passed the Money-Laundering (Prevention) Act 2000; Anti-Money Laundering and the Countering of the Financing of Terrorism Act 2009; Anti-Money Laundering and the Countering the Financing of Terrorism (Amendment) Act 2010; Anti-Money Laundering and the Countering the Financing of Terrorism (Amendment) Act 2015; and the Anti-Money Laundering and the Countering the Financing of Terrorism (Amendment) (No. 2) Act 2015.

President David Granger speaks at the opening ceremony of the 46th Plenary and Working Group Meetings of the CFATF on Wednesday at the Marriott Hotel

The aforementioned legislation he told the Region’s legal minds, has progressively corrected deficiencies in the AML-CFT regime and allowed the improvement of compliance within the Task Force’s standards. “The appropriate agencies – the Bank of Guyana (BOG), the Financial Intelligence Unit (FIU) and the Office of the Director of Public Prosecutions (DPP) – have been empowered with the authority and autonomy and equipped with the technical and institutional means to discharge their functions under our anti-money laundering and countering of the financing of terrorism legislation,” the President stated.

Participants of the 46th Plenary and Working Group Meetings of CFATF on Wednesday. Also present (centre) were Prime Minister Moses Nagamootoo, Speaker of the National Assembly Dr Barton Scotland, and Ministers of government, including the ministers of Business, Health, Public Infrastructure and Agriculture, as well as members of the diplomatic corps.

Additionally, the President noted that the Caribbean yearns to be a zone of concord and peace after half a millennium of conquest, conflict and chaos. He noted too that given its location, the Region can be used for narcotics trafficking, while adding that the Caribbean,with its fragmented jurisdictions scattered over 2, 754 million km² of sea-space, with countless cays, coves and islets, has become an attractive destination – a ‘paradise’ – for money-launderers, tax-evaders and assorted transnational criminal cartels.

”These crimes have the potential of disrupting our economies, corrupting officials, subverting our institutions, perverting our youth and spawning frightening levels of crime and violence in society,” he said, stressing that the Task Force’s recommendations are necessary to insulate the Region’s financial sector from the crimes of money-laundering and the financing of terrorism.

Those recommendations he stated, can assist to insulate the Region’s economies from contamination by ‘dirty money’ and by protecting the integrity of the Region’s financial sector from the risks associated with ill-gotten gains.

The President stressed too that the Task Force’s recommendations will also help to cultivate a stable financial sector that will allow for the facilitation of international trade and investment and enhance the interconnectedness between the Region’s financial sector and the global banking system, so as to prevent our banks from being blacklisted.

Prime Minister Moses Nagamootoo greets Attorney General Basil Williams on Wednesday during the opening ceremony of the 46th Plenary and Working Group Meetings of CFATF

The head-of-state said too that the presence of many attorneys-general, ministers and other officials at the meeting which began on Sunday is testimony to the importance placed on the Task Force’s core responsibility for the peer review process of the mutual evaluation programme. “The work to be done during this meeting is a necessity for guaranteeing the integrity of the Region’s financial sector and, particularly, for preventing money-laundering and the financing of terrorism.

We are confident that the Task Force’s work will improve the security and prosperity of this Region and the safety and happiness of its people,” said the Guyanese leader who also outlined Guyana and the Region’s familiarity with terrorism when he cited the Cubana air disaster of 1976, and the European arrival in The Bahamas in 1492.

Dancers from the ‘Free Soul’ dance group perform during the opening ceremony of the 46th Plenary and Working Group Meetings of CFATF on Wednesday (Adrian Narine photos)

Transnational crime
Similarly, Attorney General and Minister of Legal Affairs Basil Williams, who has assumed the chairmanship of CFATF, said if left unchecked, transnational criminal organisations and terrorist financing networks can impact in a significant way the peace, tranquility and security of the Region. “So constant vigilance by all of us is critical and for all of us gathered here…this means effective implementation and the highest levels of compliance with the FATF recommendations,” said Williams.

He pointed too to the placing of emphasis on the identification, assessment and understanding the extent of national money laundering and terrorist financial risk and taking the necessary action to prevent and or mitigate those risks by allocating sufficient resources, and implementing policies to curb same. The 46th Plenary and Working Group Meetings of the CFATF will conclude today.

AG accuses PPP of double standards - The Chronicle Newspaper - 12th November, 2017

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Published: 14 November 2017

AG accuses PPP of double standards - by admin - November 12, 2017

Attorney General Basil Williams 

…warns against judiciary usurping executive

ATTORNEY General (AG) Basil Williams has accused the opposition of being duplicitous in their challenge to the appointment of Justice James Patterson as chairman of the Guyana Elections Commission (GECOM), pointing out that on almost all of the grounds they deem him to be unfit, leading nominees submitted by Opposition Leader Bharrat Jagdeo fell down in.

Major-General (Rt’d) Joseph Singh

He also contended that for the judicial arm to entertain and grant such an application would encroach on the very principles of separation of powers and the spirit and intendment of the constitution and an affront to the rule of law.
“I will further contend that such a direction would be tantamount to a usurpation of the powers of the executive arm of government by the judiciary, who cannot govern,” Williams said in his affidavit submitted and sworn to by Solicitor-General Kim Kyte.
He argued that the immunities of the President are enshrined in the constitution, by virtue of Article 182(1).

“It directs that His Excellency the President shall not be personally answerable to any Court for the performance of the functions of his or her own office or for any act done in the performance of those functions and no proceedings, whether criminal or civil, shall be instituted against him or her in his or her personal capacity in respect thereof, either during his or her term of office or thereafter.”

 Newly appointed GECOM chair James Patterson

The AG made the comments in his affidavit in response to the PPP’s challenge by their Parliamentarian Zulfikar Mustapha. The PPP wants the court to rescind the appointment of Patterson.
Among some the arguments made in their challenge are: Patterson is a pastor; he was employed by the President and that he misled the President on his curriculum vitae when he stated that he is a former Chief Justice of Grenada when in fact he was the acting chief justice.

In his response, Williams said that these matters are irrelevant, speculative, malicious, frivolous, and vexatious and ought to be struck out forthwith.
“I further contend that… the Honourable Justice Patterson’s theological training, learning and/or pastoring a church are insufficient grounds to deem him or any person a religious activist. I am advised further and do verily believe that the Honourable Justice Patterson is no longer a serving pastor and has not served as a pastor since 2005,”Williams argued.

Attorney and Chartered Accountant Christopher Ram

He pointed out that “It is duplicitous for the applicant to seek to allude to the past pastoral role of Honourable Justice Patterson when the Leader of the Opposition on his third list nominated Mr. Onesi La Fleur, who is currently a serving pastor.” La Fleur is a Seventh-day Adventist currently serving in Trinidad and Tobago. He held the position of youth director and other positions when he served in the Guyana Conference.

Williams also argued that Patterson being a member of the advisory committee of the Prerogative of Mercy can in no way hinder his ability to be impartial, objective and independent, asserting that such an appointment demonstrates and enhances his ability to be impartial, objective and independent.

“It is therefore deceitful for the applicant to aver to the advisory capacity of Justice Patterson, even as the leader of the opposition in his first list nominated Mr. Christopher Ram, who also served as adviser to the Honourable Attorney General on the establishment of the Joseph Haynes Law School,” Williams argued.

With respect to Patterson’s role as a member of the Ministerial Council of Legal Advisers comprising five legal luminaries, Williams slammed the PPP for “falsely” claiming that he (Patterson) earns $800,000 monthly.

“I will contend that the applicant’s unfounded and mischievous assertion that the Honourable Justice Patterson is receiving the sum of eight hundred thousand dollars ($800,000.00) is an outright falsehood and is rejected fully. I am further advised as aforesaid and verily believe that Cabinet approved a monthly honorarium of twenty thousand Guyana dollars ($20,000.00) for the chairperson and fifteen thousand Guyana dollars (G$15,000.00) for each member. I attach hereto a copy of the Cabinet decision appointing the said Ministerial Council.” Justice Claudette Singh had earlier called out Anil Nandlall for lying when he made the false claim of Patterson’s remuneration. Justice Singh also serves on the council.

CONFLICT OF INTEREST
Commentators had pointed out that both Christopher Ram and Major-General (rtd), Joe Singh, both of whom appeared on the lists submitted by Jagdeo, would have been deemed unacceptable by the same arguments made by the PPP and the AG said while Patterson’s services were available to other ministers, Ram’s as an adviser to him were voluntary and specific to him.

“I further contend that since the leader of the opposition placed Mr. Christopher Ram on his first list, both of them believed that Mr. Ram was not unfit because he was an adviser to the Attorney General and Minister of Legal Affairs and as such it is hypocritical for the Applicant to claim that Honourable Justice James Patterson is disqualified for being such an adviser.”

Ram has since resigned the position. “I further contend that the leader of the opposition similarly felt that Major-General Joe Singh was fit and proper to be placed on his third list despite being a paid adviser of the President,” Williams said.

The AG argued too that the leader of the opposition included Major-General Singh on his third list despite the fact that he had been appointed more times than Patterson to conduct commissions of inquiry under the President’s watch, and could not seriously contend such appointments rendered the major-general unfit for the GECOM Chair.

CJ ACTING 
The PPP has made a major plank of their challenge to Justice Patterson’s appointment his inclusion of Chief Justice of Grenada and not Chief Justice (ag).
Justice Patterson two weeks ago clarified that the error was “a slip of the pen” and Williams in his affidavit said that the terms Chief Justice and Chief Justice acting are used interchangeably within the region and even more particularly it is so used in Guyana.

He said he was informed by Justice Patterson that the fact that the word “acting” did not appear after the words “Chief Justice” was not an intention to deceive and further that does not negate the fact that he held and executed the functions of the office.
“I am informed by the Honourable Justice Patterson and do verily believe that during his tenure of Chief Justice acting and even after that tenure [had] expired, persons who knew him then and even to this day call him ‘Chief’ or ‘Chief Justice’ or ‘My Lord’ as the case may be and that is a common practice in such offices.”

The AG maintains that President David Granger acted lawfully, within the parameters of the constitution of Guyana, and in particular in accordance with Article 161(2) of the constitution of Guyana.

“I will further contend that this entire application is absurd, misconceived and void of legal reasoning and merit and ought to be dismissed with substantial costs, since His Excellency the President cannot be directed to choose a person from the lists of 18 which he specifically rejected.”

Court dumps Nandlall’s lawsuit against AG- The Chronicle Newspaper - 6th November,2017

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Published: 14 November 2017

Court dumps Nandlall’s lawsuit against AG - By admin - November 6, 2017

Former Attorney General, Anil Nandlall

HIGH Court Judge Priya Sewnarine-Beharry on Monday dismissed a $125M lawsuit filed by former Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, against current AG and Minister of Legal Affairs, Basil Williams, for defamation of character earlier this year.

The High Court Judge dismissed the case on the grounds of non-compliance with the Civil Procedure Rules, failing to comply with the Case Management Conference timelines and wasting the court’s time. The AG was represented Monday by attorney, Patrice Henry. Attempts to contact Nandlall on Monday proved futile.

Meanwhile, two months ago, the said judge had denied an application filed in April by Nandlall which sought to prevent Williams from stating that he (Nandlall) would be charged for stealing several law books, property of the state. Justice Sewnarine- Beharry found, among other things, that the injunction had no merit. In her ruling she noted that Nandlall was charged for the very offence the AG said he would be charged with.

She noted too that the application for injunction over the “defamatory” statement was made some 11 days after it was allegedly made by the AG. According to her, that suggests that there was no urgency from Nandlall to have the matter addressed.
The Court also observed that Nandlall, in his application, failed to mention that he had approached the very court before on the same matter and was refused. He was represented by Attorney Manoj Narayan and was ordered to pay the standard $30,000, in September.

Attorney General Basil Williams

Nandlall has repeatedly confirmed that while he was AG, law books were purchased for him by the State, using taxpayers’ money. The missing books were bought from Lexis Nexis (U.K.), publishers of the Commonwealth Law Reports, and are said to be worth over $2.5M. However, after the PPP was unseated in 2015, Nandlall took possession of the books which were bought for him as AG, by the state. Since then Williams has committed to taking legal action against Nandlall.

Williams has accused Nandlall of allegedly stealing the books, since they were not in possession of the AG’s chambers, despite the fact that they were bought for the then AG with state funds. He maintains that the law books were purchased with state funds and were intended to be used by the state and its officials. He said any arrangement that does not conform to the established Public Service Rules or Regulations can be deemed a breach of the Fiscal Management Accountability Act (FMAA).

Added to the injunction, Nandlall claimed in excess of $25M for libel published on March 24, 2017, at a press conference, hosted at the National Communications Network Inc (NCN); damages of in excess of $25M for libel published in the Guyana Times newspaper on March 25, 2017; damages of in excess of $25M for slander published during an outreach programme in Berbice on March 26, 2017; and damages of in excess of $25M for libel published by Demerara Waves on March 27, 2017.

De-risking major concern for CFATF - The Guyana Chronicle Newspaper - 13th November, 2017

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Published: 14 November 2017

De-risking major concern for CFATF - by Svetlana Marshall - November 13, 2017

Some of the more than 200 delegates currently attending the CFATF XLVI Plenary and Working Group Meetings at the Guyana Marriott Hotel (DPI Photo)

…negative effectives continue to be felt at all levels

EXECUTIVE Director of the Caribbean Financial Action Task Force (CFATF), Calvin Wilson said the body will soon go on an international campaign to lobby for the removal of restrictions enforced by correspondent banks.

Speaking to the Guyana Chronicle on the margins of CFATF XLVI Plenary and Working Group Meeting at the Guyana Marriott on Monday, Wilson said though the Caribbean countries have been making steady progress in addressing the deficiencies within their Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) regimes, their economies continue to be threatened as correspondent banks restrict or terminate their relationships with the local banks.

“De-risking is looming large across the region,” Wilson told Guyana Chronicle. According to the Financial Action Task Force (FATF), de-risking refers to situations where financial institutions terminate or restrict business relationships with categories of customers. The severing of correspondent banking relationships has impacted the performance of the four key macroeconomic sectors: real, fiscal, monetary and external.

The CFATF Executive Director said some countries in the Region are currently at the end of the Third Round of Mutual Evaluation, and though their compliance level is not satisfactory when compared with the international standards established by the Financial Action Task Force (FATF), progress is being made. Haiti, St. Maarten, and St. Vincent and the Grenadines are among countries at the Third Round of Mutual Evaluation but they are expected to exit after being reviewed by the CFATF International Cooperation Review Group (ICRG).

It was noted that since their Mutual Evaluation Reports were adopted by CFATF and published on its website, those countries have been rectifying the deficiencies within their Mutual Evaluation Reports as part of a follow process. According to him, “the countries have come a long way in terms of compliance.” “However, what is not being translated globally and to regulators around the world is the facts of the level of compliance that we are at, at the moment, and we think that if that were to be taken into account then some of the decisions being made with regards to de-listing may not have been taken,” the CFATF Executive Director noted.

Given the current situation, Wilson said CFATF will have to do more in terms of lobbying the international community to set the record straight. “So further work will be undertaken both by the membership and the secretariat in terms of engaging with all stakeholders—CARICOM Secretariat, the Eastern Caribbean Central Bank, the Caribbean Development Bank and all our countries in the region, making outreach around the world to ensure that what is happening in the region is told, the facts of the case in terms of compliance is told as well, and to dialogue and collaborate with organisations like the IMF who are witnessing the effects of de-risking not only in our regions but across the world,” the CFATF Executive Director said.

During a meeting in Antigua and Barbuda in October, which was organised by the CARICOM Secretariat, the `Guidance’ issued by FATF in October 2016 was embraced by the region with the anticipation that it would pave way for in depth dialogue.
“We in the region embraced that guidance document as the foundation for the dialogue that should take place between our respondent banks in the region and the correspondent banks who are now pulling out of the region,” he noted.

Wilson emphasised that de-risking and its effects on the region’s economy remain high on the agenda for the CFATF. It was pointed out that the issue of de-risking came up for discussion during the 27th Forum for Heads of Financial Intelligence Unit (FIU) AND the CFATF Working Group on Risks, Trends and Methods (CRTMG) Meeting on Sunday when the XLVI Plenary and Working Group Meetings started in Guyana on Sunday.

According to the CFATF, de-risking affects services and products, financial institutions and other agencies. The most severe effect of de-risking in the Caribbean has been the termination of the correspondent banking relationships which includes check clearing and settlement, cash management services, international wire transfers, trade finance and conducting foreign currency denominated capital or current account transactions. The financial institutions, agencies and other entities affected by de-risking include money transfer operators and other remittance companies, small and medium domestic banks, small and medium exporters, retail customers, international business companies, e-gaming/gambling.

The consequences, the CFATF Executive Director said, are truly being felt in the region.
“In one case a small business man wanted to continue importing goods from abroad to supply his business, to keep his employees in employment, and because of de-risking in a particular jurisdiction, he was unable to send wire transfers to import goods. So what he did, he left his country with an amount of cash and went to another country to purchase the goods, he did not declare the cash he took with him at the borders when he left his country, nor did he do so when he arrived. He was stopped and the cash was confiscated and he was placed in prison, as a consequence of that his business failed,” Wilson said, as he cited an example.

He said not only did the man’s business crumble but his employees were left jobless, and as such the effects were evident at the level of their families.
“It’s a real issue for the region and it is something we intend to keep our eyes on squarely, and will be working with partners around the world to see if we can assist in bringing a resolution to this issue,” the CFATF Executive Director said.

Langevine now chair of CFATF FIU group - The Guyana Chronicle Newspapers -13th November, 2017

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Published: 14 November 2017

Langevine now chair of CFATF FIU group - By admin - November 13, 2017

Guyana’s Mr Matthew Langevine (right) who is the new CFATF Chairman

AS Day One of the 46th Plenary and Working Group Meetings of the Caribbean Financial Action Task Force (CFATF) came to a close, Guyana’s Head of the Financial Intelligence Unit (FIU), Matthew Langevine was appointed Head of the CFATF Forum for Heads of the FIUs.
Langevine, in his remarks, said he looks forward to working with all the FIUs, and is reasonably assured of the support mechanisms in place.

These mechanisms, he noted, will help in the global and regional fight against money laundering and terrorist financing.
The Guyanese FIU Head assured the meeting that he will serve in this new capacity with diligence and a high level of commitment. Langevine was appointed Head of the FIU in Guyana in September 2016.

The Immediate Past Chair of the august body is Head of the Financial Intelligence Unit (FIU) of the Turks and Caicos Islands, Mr Dwayne Baker, who is also the Outgoing Co-chair of the CFATF Working Group on Risks Trends and Methods (CRTMG), which will now be chaired by Guyana’s Senior Compliance Officer of the FIU, Ms Alicia Williams.
Earlier in the day, several key issues were addressed during the meetings of the Working Groups, including the work of the Asset Recovery Inter-Agency Network for the Caribbean (ARIN-CARIB).

Head of the Financial Intelligence Unit (FIU), Jamaica, Mr Grenville Harris in his presentation during the 27th Forum of the Heads of the FIU, stressed the importance of coordination and cooperation among member countries of the CFATF in strengthening mechanisms in recovering state assets.
ARIN-CARIB was established in June 2017 in response to a recommendation of the Group of Experts for the Control of Money Laundering of the Organisation of American States (GELAVEX/OAS).

The Regional Security System (RSS) was identified as the agency with the erquisite expertise to take the initiative forward, drawing on the RSS Asset Recovery Unit’s (ARU) innovative approach to tackling serious organised crime in the Caribbean common-law jurisdictions, through partnerships and the robust application of proceeds of crime and money laundering legislation.

St. Vincent and the Grenadines will assume the Presidency of ARIN-CARIB for 2018 for a period of one year, followed by Jamaica. Williams assured countries that assumption of the Presidency will not result in any additional financial burdens.
Guyana’s State Asset Recovery Agency (SARA) is headed by Professor Clive Thomas.
Head of the FIU, Turks and Caicos Islands, Mr Dwayne Baker said that Guyana has adopted a “determined posture” in strengthening its Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) regime.

His comment followed a presentation by Guyana’s FIU Head, where he outlined several steps taken by Guyana to ensure full compliance with international standards, following a national risk assessment.
Law Enforcement Advisor of the CFATF, Pedro Harry provided an overview of Immediate Outcome Six (IO 6), which forms part of the Financial Action Task Force (FATF) Methodology for Assessing Compliance with the FATF Recommendations and the Effectiveness of AML/CFT Systems.

The FATF Fourth Round of Assessment involves two inter-related components for technical compliance and effectiveness.
The Technical compliance component will assess whether the necessary laws, regulations or other required measures are in force and effect and whether the supporting AML/CFT institutional framework is in place.

According to the Advisor, effectiveness looks at whether the AML/CFT system in a particular country is working and how well it is achieving the objectives which it sets out to do. Effectiveness, he noted, focuses on outcomes, not output.
Representatives for Guyana, Jamaica, Venezuela, Trinidad and Tobago and others were afforded the opportunity to highlight measures being taken by their Governments, through their FIUs and other supporting agencies to strengthen their AML/CFT legislation.

The day came to an end with the signing of a Memorandum of Understanding between Venezuela and Trinidad and Tobago to establish procedures which will allow the Heads of the FIU in the two countries to share relevant information in a timely and effective manner.
The MOU was signed by Head of the FIU- Trinidad and Tobago, Susan Francois and her Venezuelan counterpart, Antonio Jose Morales Rodriguez.

(DPI)