Anti Money Laundering Bill…APNU amendments in violation of Parliamentary Standing Orders-Dr Singh

Mar 15, 2014 News

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Finance Minister Dr Ashni Singh has accused the political Opposition of operating outside of the Parliamentary Standing Orders with the submissions of its amendments to the Special Select Committee dealing with the Anti Money Laundering and Countering the Financing of Terrorism (AML/CFT) Bill.
The Finance Minister was at the time speaking at the International Conference Centre at the Government hosted consultation regarding the non passage of the Bill which could lead to international blacklisting by the Financial Action Taskforce (FAFT).
“What we have here before the Committee is two sets of issues; we have the Bill that responds to the Caribbean Financial Action Taskforce (CFATF) recommendations and Opposition amendments.”

According to Dr, Singh, there is an interpretation of the Standing Orders that suggests that the Committee cannot consider the Opposition’s amendments.
He said that the Committee is constrained to dealing with the matter which was referred to it.
The amendments proposed by A Partnership for National Unity (APNU) which has also found support with the Alliance for Change is to amend the Principal Act.
Dr Singh points out that what was sent to the Committee is a Bill that was drafted based on recommendations from CFATF and as such “for the Committee to deal with the Opposition’s amendments is a violation of the Parliamentary Standing Orders.”
The Finance Minister further noted that there are strong grounds for concern in relation to the Opposition’s amendments.
Legitimate Concerns
He said that there are legitimate concerns about the amendments dealing with currency seizure within the business community, inclusive of farmers and miners.
Dr Singh was speaking to the amendment which seeks to allow for the stop search and seizure of currency within the country and not just at the ports of entry and exit, as is currently enshrined in the Law.
The Finance Minister said that it must be pointed that money laundering is not only about drug trafficking or terrorism.
“Money laundering is the laundering of the proceeds of crime… which for the purpose of that definition is an extremely broad concept in the money laundering act.”
He said that for the purpose of the Anti Money Laundering Act, crime does not only include trafficking in narcotics but would also comprise fraudulent conversion and tax evasion.
With the APNU proposal enacted into law, according to Dr Singh, you can be stopped not only on suspicion of involvement in narcotics related activities, “you can be stopped on suspicion of fraudulent conversion.”
He posited that a policeman would then be able to say to a citizen that the chain around their neck was purchased using money that should have been used to pay taxes. That person’s assets would then be subjected to a lengthy process to recover the seized assets
Speaking to the other amendment by APNU to have the National Assembly be responsible for the appointment and composition of the members of the Financial Intelligence Unit (FIU), Dr Singh said that “CFATF has already pointed out that FATF standards require that the FIU operate independently.
According to Dr Singh, the insertion of a politically appointed body as well as for Parliament to execute supervision will impair the independence of the FIU and potentially bring Guyana into non compliance with FAFT.
“There are legitimate reasons for concern about Opposition amendments,” reiterated Dr Singh.
He reminded that the contents of the Bill that went to Parliament was in response to CFATF’s recommendations and further is not the subject of any controversy.
Reasonable Offer
Both Government and Opposition have agreed on the original Bill, said Dr Singh.
He told those gathered at the Conference Centre that the disagreements are only in relation to the Opposition’s amendments.
As a result, Dr Singh holds the view that there is absolutely no reason why the Parliament should not proceed with the CFAT compliant Bill that it has before it
“There  is no reason why a responsible parliamentarian should not say let us approve the Bill to bring Guyana out of a perilous situation even as we continue to consult with other stakeholders on the Opposition’s amendments.”
He said that the Opposition should pass the Bill for which there is agreement and at the same time engage stakeholders and study the amendments to further examine if it will bring Guyana into conflict with FAFT.
Dr Singh advocated for an examination of the Opposition’s amendments to see if it will cause any problems for the business community.
He suggested that in doing so, the CFATF compliant Bill should not be detained which places the country at the risk of peril.
According to Dr Singh, President Ramotar has already given the Opposition leader, Brigadier (rtd) David Granger, the assurance that he would continue to engage them on their amendments in return for support and passage of the current Bill.
Dr Singh said that the President even documented his proposal that should an acceptable formulation of the Opposition’s amendments be found which would not collide with the interests of domestic stakeholders as well as meet FAFT’s standard, the Government would support it.
“I don’t believe that one could reasonably ask for a more reasonable proposal than what was put to Mr. Granger …he (President Donald Ramotar) didn’t throw the APNU amendments out of the window,” Dr Singh told those gathered at the Conference Centre for the consultation.

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