| Consultant and former presidential advisor Ramon Gaskin, has described the 2009 financial crimes legislation as being unconstitutional and in direct contrast with existing laws. He told a mixed crowd at a public forum honouring the 33rd anniversary of the assassination of Working People’s Alliance’s Dr. Walter Rodney on Friday evening,Jerseys NFL China, that the legislation is ‘bad news’ and advised that the Act be scrapped rather than amended.He slammed policymakers who passed the existing Money Laundering and Countering of Financing Terrorism Act (AML/CFT) in 2009, despite the existing constitutional glitches. Gaskin especially stressed on the investigative and prosecutorial powers given to Attorney General (AG) and the Finance Minister,Wholesale Jerseys 2017, while highlighting others that cause clashes with law enforcement and politicians.In scrutinizing the Bill, Gaskin said that in section two of the Act, it says that where the Attorney General has reasonable grounds to believe that a person is a terrorist or is involved in terrorist acts, he (AG) could recommend to the Finance Minister to make an order against that person, and if the Finance Minister is satisfied with the AG’s belief, he will so make the order and have the individual so gazetted.Gaskin said the legislation continues that if the individual wants to appeal being ‘blacklisted’ he can appeal to the said Finance Minister or apply to a judge for review within 60 days. The law however says that the AG could request from the Judge that the blacklisted person and lawyer be put out of the courtroom on matters of national security, and if the ruling is in that individual’s favour,Cheap NFL Jerseys China, they will still have to go back to the Minister to be removed from the ‘blacklist’.Gaskin charged that the AG now has the power to tell the Finance Minister to ‘blacklist’ a person which is against what the constitution represents. ‘He (AG) is now involved in law enforcement because he has reasonable grounds to believe something.’ ‘He (AG) said he will be the principle legal advisor to the government of Guyana…since when is he involved in law enforcement,’ Gaskin echoed.Gaskin touched on the purpose of the Financial Intelligence Unit (FIU) which is set up under the AML/CFT Act. According to him, the director of this unit is appointed by the Minister of Finance, ‘a political man,’ ‘politicians involved in law enforcement cannot be. Our system does not allow it,nba jerseys discount,’ he charged.Gaskin questioned the role of the unit, while urging that it is only the country’s Central bank that has legal powers to supervise and investigate financial entities, and the Financial Institutes Act does not give the unit such authority; ‘nobody else can’t go there. Exclusive means exclusive,’ he argued.The panelist went on that every year the FIU director will give to the minister a report of his work and the minister will take it to the National Assembly. This, he said, has never been done; focus then should not be on the amendments, but rather the Act. ‘The amendments are not the problem. The problem is the 2009 Act. It violates the constitution all the time.’The AML/CFT Act, he said, should really deal with two things, but after reading it has nothing to do with the issue, it’s a misnomer, it purports to deal with two serious businesses; laundering and countering terrorism-it is not true that that is not what it does. It deals with offences which are listed.A flaw in the Act notes that a judge could accept evidence that is not admissible and could make decisions based on this. Gaskin said that it is also flawed where the AG and the Director of Public Prosecution (DPP) comes in line for law enforcement; reiterating that the AG is a politician and should have no part in law enforcement.Well known Guyanese economist, Professor Clive Thomas,Cheap NFL Jerseys, also gave his take on the AML/CFT Bill which he too believes is erroneous and needs to be reviewed. He opined that policymakers need to go back to the drawing board and review the original Act.“It cannot be limited to the amendments,Cheap NFL Jerseys,” Thomas noted. “It has to go to the structure of the Bill that we passed in 2009 and we cannot absolve ourselves from some of the blame for allowing that Bill to pass unanimously.”He refused to believe that if Guyana does not approve the amendments to the financial crimes Act that the country would face sanctions that will affect small businesses, as the government claimed. He said the threats coming from the Caribbean Financial Action Task Force are not serious threats in that sense. Thomas believes that the agencies are after the key players, “who are laundering money on the scale of millions and millions of US dollars.”He reasoned that with an annual average of 40 percent in estimated remittances, developed countries could not vouch for large inflows of cast. He said there is no growth in developed countries where overseas Diaspora is living thus justifying high levels of rate in remittances growth so it must be assumed that there is, “organized criminal transfers in remittances.”Opposition Leader David Granger was also present at Friday’s symposium. He said that the parliament is seeking to give citizens a good AML/CFT Act. He said that his party is in no hurry to finalize the Bill as the necessary work has to be put in.It is however hoped that the Bill could be passed before late August. The government is claiming serious sanctions if the Bill is not finalized before the deadline. |
