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Weeding out corruption is everbody’s business– Attorney General - The Chronicle Newspaper -11th April, 2018
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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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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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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.
Presidential Terms Limit Case - 27 March 2018
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Submission by lawyers for the State.
AG visits CFATF headquarters - The Chronicle Newspaper -14th March, 2018
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Chairman of CFATF, Basil Williams and staff of the secretariat
…tells staff underground economy undermining regional countries
CHAIRMAN of the Caribbean Financial Action Task Force (CFATF) and Attorney General and Minister of Legal Affairs Basil Williams, on Tuesday toured the Trinidad headquarters of CFATF, when he told staff that “many of our regional economies have been affected by the underground economy.”
Williams’ visit came one day after he and a team of lawyers represented Guyana in a third term case at the Caribbean Court of Justice (CCJ). During the visit Williams met with the Executive Director Ms. Dawne Spicer, Deputy Executive Director Carlos Acosta and staff of the Secretariat.
Chairman Williams expressed his pleasure at being able to incorporate the visit to the secretariat following his representation in a matter on behalf of the State of Guyana at the Caribbean Court of Justice. During the visit he engaged the secretariat staff on the vision of the CFATF and commended the hard work of the secretariat in fostering regional implementation of countermeasures to address Money Laundering, Terrorist Financing and the Financing of the Proliferation of Weapons of Mass Destruction.
Chairman Williams specifically noted that “many of our regional economies have been deflected by the underground economy being the proceeds of crime from the five wars of globalisation – trafficking in persons, trafficking in narcotics, trafficking in weapons, money laundering and terrorist financing.” He noted the efficient work done by the secretariat staff and urged them to redouble efforts to assist CFATF members.
Chairman Williams will preside over the upcoming CFATF Plenary in Trinidad and Tobago during the period May 27-31, 2018. At this time, Chairman Williams is spearheading the ongoing anti-money laundering and countering the financing of terrorism work of CFATF’s 25 member countries.
Meanwhile, only last month Williams led the CFATF delegation at the Financial Action Task Force (FATF) Plenary Meeting and Working Groups, held at OECD headquarters in Paris, France. CFATF participants included the CFATF Secretariat, Bermuda, Haiti, Jamaica, Venezuela, and Aruba and Curacao (under the Kingdom of the Netherlands).
The main issues addressed by this Plenary were: Combatting terrorist financing, including the adoption of a new counter-terrorist financing operational plan and a statement on the actions taken under the 2016 counterterrorist financing strategy. FATF Style Regional Bodies (FSRBs) were tasked with developing their own counter-terrorist financing operational plans.
Additionally, the plenary addressed amendments to recommendation two on national cooperation and coordination; Haiti was removed from the Third Round FATF ICRG pool; Barbados was placed in the Fourth Round FATF ICRG pool based on the results of the Mutual Evaluation Report and Trinidad and Tobago’s progress was discussed by the ICRG. They remain in status quo and will report at the FATF’s June 2018 Plenary.
