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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.

Guyana ready for CFATF confab - The Guyana Chronicle - 6th November, 2017

Details: Published: 14 November 2017

Guyana ready for CFATF confab - by Svetlana Marshall - November 6, 2017

Attorney General and Legal Affairs Minister, Basil Williams speaking to members of the media on the side line of the seminar at Herdmanston Lodge

…de-risking, evaluation of Barbados high on agenda

BARBADOS Mutual Evaluation, and the issue of de-risking are among areas that will be discussed when the Caribbean Financial Action Task Force (CFATF) 46TH Plenary and Working Group meetings are held here next week at the Marriott Hotel.

Over 163 participants from 26-member countries are expected to arrive in Guyana for the conference slated for November 12 to 16. Participants will be drawn from CARICOM countries as well as Central and South American nations.

The International Monetary Fund (IMF) and the World Bank and Organisation of American States (OAS) are among international bodies that will be present.

Ahead of the conference, the Attorney General Chambers and Legal Affairs Ministry hosted a seminar for the Guyana delegation at Herdmanston Lodge on Monday to discuss several critical areas, including the Amendments to the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) Act, and the standard to be met for Guyana to exit the 4th Round of Mutual Evaluation.

In addressing the delegation, the Attorney General, Basil Williams, said the conference is being held at a critical time when the effects of money laundering and terrorist financing are being felt worldwide.

Noting that while it is a honour for the country to host the Plenary and Working Group meetings, the local delegation must be knowledgeable of the Financial Action Task Force (FATF) and Caribbean Financial Action Task Force (CFATF) regimes in particular the 40 recommendations. “Mutual Evaluation is the business of CFATF,” Minister Williams reminded the delegation, while noting that subsequent to this plenary, there will be two Mutual Evaluations at every plenary.

In Guyana, Barbados would undergo Mutual Evaluation.

“They have a report in and they are going to be assessed on that report and that will determine their status whether they would have satisfied and done enough to exit the fourth round,” the Attorney General explained to Guyana Chronicle on the sideline of the seminar.

For countries like Haiti, St. Vincent, and St. Maarten, a compliance report from the International Cooperation Review Group (ICRG) would determine whether they can exit the 3rd Round of Mutual Evaluation.

In addition, a wide range of financial and security matters would come up for discussion. “The problem in this region is that we were de-risked and de-banked (many countries in the region), so we will have to deal with those issues. We have to deal with issues of beneficial ownership…and the requirement for customer due diligence, and in some other cases, enhanced due diligence,” Minister Williams explained.

Members of the Guyana Delegation participating in a seminar ahead of the 46th Plenary and Working Group Meetings here

According to FATF, de-risking refers to situations where financial institutions terminate or restrict business relationships with categories of customer. The severing of correspondent banking relationships has impacted the performance of the four key macroeconomic sectors: real, fiscal, monetary and external.

Turning his attention to Guyana, the Attorney General said that while significant progress has been made in addressing the deficiencies within the countries AML/CFT regime, the 4TH Round is a critical one. When this APNU+AFC Administration took office in May 2015, Guyana had been blacklisted both by CFATF and FATF, however, with leadership from President David Granger and the Attorney General the country made significant progress in improving its AML/CFT regime and adequately addressing the key AML/CFT deficiencies identified. It was on that basis, that the CFATF Plenary of November 2016 agreed that Guyana be removed from the CFATF ICRG process.

“We must emphasise the role of the President, Brigadier David Granger, from the onset, he gave the FATF the high political commitment that Guyana would work with FATF and the CFATF to implement the recommendations, so that Guyana could contribute to ridding the world of money laundering and terrorist financing,” the Attorney General stated.

Minister Williams explained that while in the 3rd Round of Mutual Evaluation emphasis was placed on the legal and regulatory framework, during the 4th Round the country’s effectiveness in addressing the deficiencies will be tested.

“CFATF will be looking to see convictions, so that you can’t come and say you have a thousand charges or a thousand matters went to court, but then you don’t have any convictions, you would be rated very poorly for the level of effectiveness,” he explained.

With Guyana already in the 4th Round, it will come up for evaluation in 2022. “We have to start from now putting in place and remedying the areas of weaknesses and deficiencies,” he stated. Already, the country has conducted a National Risk Assessment (NRA) from which the highest risks were identified.

“I could tell you that one of the highest risk areas would be, the Money Transfer Agencies, and the designated non-financial businesses and professions unfortunately, the legal profession – Lawyers, accountants are high risks,” he further explained. As such, he said the country would have to direct its resources towards remedying the high-risk areas.

The seminar held for the Guyana delegation included presentations by Principal Parliamentary Counsel, Joann Bond, Director of the Financial Intelligence Unit, Matthew Langevine, Special Adviser to the Attorney General, Tessa Oudkerk, among other local representatives from agencies such as the Guyana Revenue Authority and the Special Organised Crime Unit (SOCU).

Guyana set to host CFATF conference in November - The Chronicle Newspaper - 29th October, 2017

Details: Published: 01 November 2017

Guyana set to host CFATF conference in November - By Admin - October 29, 2017

Attorney General, Basil Williams

(DPI, Guyana) – OVER 150 participants from 26 member countries are expected in Guyana for the Caribbean Financial Action Task Force (CFATF) conference from November 12 to 16, 2017, at the Marriott Hotel.

Hosting the CFATF symposium in Guyana is a prestigious honour for President David Granger and Minister of Legal Affairs, Basil Williams SC.
Minister of Legal Affairs and Attorney General Basil Williams SC, is also now the deputy chairperson of CFATF. Having made significant progress in improving its AML/CFT regime and adequately addressing the key AML/CFT deficiencies identified, the CFATF Plenary of November 2016 has agreed that Guyana be removed from the CFATF ICRG process.
Guyana is therefore no longer subject to monitoring by CFATF ICRG, which means the country has been removed from the backlist. Guyana was “blacklisted” by the CFATF in 2013, after it had failed to make significant progress in implementing required legislative reforms which would have aided in the international combat against money laundering and the financing of terrorism.

US, Canada envoys briefed on justice improvement project - The Kaieteur Newspaper -27th October, 2017

Details: Published: 27 October 2017

US, Canada envoys briefed on justice improvement project

Attorney General, Basil Williams, meets with Ambassador Perry Holloway and Canadian High Commissioner, Lialian Chatterjee yesterday

Yesterday morning, Attorney General and Minister of Legal Affairs, Basil Williams, met with US Ambassador, Perry Holloway, and Canadian High Commissioner, Lialian Chatterjee, to discuss the advancement on the Justice Education Society Project- Strengthening the Criminal Justice System in Guyana.
According to the ministry, the Attorney General apprised the two diplomats of his coordinating role as Attorney General and Minister of Legal Affairs with regard to reporting to Cabinet and Parliament on the Justice Sector, which comprises of the Ministry of Public Security, the DPP, the Magistracy and the Judiciary.
“Their excellences assured the Attorney General that they will continue to apprise him of the progress of the project.”

President upheld the Constitution - The Chronicle Newspaper - 24th October

Details: Published: 25 October 2017

President upheld the Constitution - by Admin October, 24 2017

President David Granger responding to reporters on issues relating to his appointment of Justice James Patterson as Chairman of GECOM (Photo by Samuel Maughn)

–when he appointed GECOM chairman, AG says
PRESIDENT David Granger upheld the Constitution when he consulted with Opposition Leader Bharrat Jagdeo on the appointment of a Chairman for the Guyana Elections Commission (GECOM).

In fact, during the months of consultation, the President provided the Opposition Leader with an opportunity to submit a third list of nominees for the post after the first two were found to be unacceptable. However, in all three cases the lists were found to be unacceptable.
In light of the hue and cry following the appointment late Thursday of retired High Court judge, Justice James Patterson to the post, Attorney-General and Minister of Legal Affairs, Mr Basil Williams on Monday issued a statement saying that the president acted in keeping with the Constitution and a ruling made by Chief Justice Roxane.
George-Wiltshire in her consideration of the case of Marcel Gaskin Vs. the Attorney General.

The following is the full text of the Attorney-General’s statement:

“His Excellency the President, Brigadier David Arthur Granger, MSS, considered the provisions of Article 161 (2) of the Constitution, which gives him the discretion to appoint a Chairman of The Guyana Elections Commission (GGECOM) from the final list submitted by Leader of the Opposition Bharrat Jagdeo “of six persons not unacceptable to President,” and the proviso thereto.

“Also that Article 182(1) of the Constitution empowers him to act in his own deliberate judgement when exercising such discretion.
“His Excellency further considered the case of Marcel Gaskin V AG et al in which Learned Chief Justice the Hon. Roxane George-Wiltshire gave the following answers to the Applicant’s questions inter alia: –
“The submission of the list does not mean that the President is obliged to accept the list or the persons named in it. If the President is of the view that the list is deficient, either in totality or in the names that have been included, he can exercise his discretion to deem the entire list unacceptable. See page 30 of the Marcel Gaskin’s case.

“If the President considers that one or more persons on the list is not a fit and proper person and therefore unacceptable, then he may decide to reject the entire list as being incomplete or restrictive, or He may decide to choose one of the persons if they qualify even though every other name on the list is not acceptable. Therefore the whole list need not be rejected. (P.26)

“Having considered the foregoing, His Excellency found this final list to be unacceptable.
“His Excellency further examined the Learned Chief Justice’s answers in relation to his giving reasons for his rejection of a list namely: –
“The Leader of the Opposition, and others for that matter, may not agree with the reasons given, but they must be given so that the parameters for the submission of another list, if required would be set.” (P.29)
“His Excellency understands this to mean that only where he agrees to more than one list, reasons must be given.

“His Excellency, after rejecting the first list, did give the Leader of the Opposition, on his request, a list of criteria or characteristics that would make listed persons acceptable to him, to wit:
“A: That person is deemed to have wide electoral knowledge, capable of handling electoral matters because he or she is qualified to exercise unlimited jurisdiction in civil matters;
“B: He or she will discharge their functions without fear or favour, that is, they will not allow any person or organisation to bulldoze or influence them to compromise their neutrality;
“C: This person will discharge their functions neutrally between the two (2) opposing parties as they would have done in Court between two (2) opposing litigants;
“D: The person will not be an activist in any form (gender, racial, theological, religious etc.);
“E: They should not have any political affiliation or belong to any political party in any form, apparent or hidden; and
“F: They should have a general character of honesty, integrity, faithfulness, diligence and fear of God in the discharge of their duty as Chairman.
“The names of the listed persons in the final list have not conformed to these criteria.
Having rejected the final list reliance was placed on the Learned Chief Justice’s ruling that the President in the exercise of his judgement to reject the final list could have:
“Resort to the proviso to Article 161(2) which permits the President to act independently to appoint a person of the Judicial category to be the Chairman of GECOM, that is a person who is presumptively fit and proper.” (P.30).
“It is in the light of these premises that His Excellency appointed the Hon. Justice Patterson as a fit and proper person to the office of GECOM Chairman.”