Private Sector throws support behind Terrorism Bill following consultation

Dec 29, 2015 News

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By Abena Rockcliffe

The Private Sector Commission (PSC) and other stakeholders have decided to lend support to the Anti-Terrorism and Terrorist Related Activities Bill 2015 after consultations held yesterday at the Arthur Chung Convention Centre.
This event was hosted by the Ministry of Legal Affairs and was chaired by Minister of Legal Affairs and Attorney General, Basil Williams. Williams was accompanied by other senior Ministry officials who provided answers to questions posed by stakeholders.
The consultation was attended by some two dozen representatives from the Private Sector Commission (PSC), the Bankers’ Association, the Bank of Guyana, Office of the Commissioner of Police, the Guyana Police Force and individual citizens. The Guyana Revenue Authority was notably absent.
Williams, in his opening remarks, noted that the consultations were being held in response to the objections raised by stakeholders when the government initially tried to pass the Bill.
He said that his Ministry conceded to the calls for consultations, not withstanding efforts to gather feedback on the Bill from stakeholders over five months ago.
Williams said that the Bill is a crucial one.
He indicated that his Ministry has been advised by the Financial Intelligence Unity (FIU), an agency entrusted with responsibility to get out all the recommendations made by the Caribbean Financial Action Task Force (CFATF) and the Financial Action Task Force (FATF), to move swiftly ahead with the passing of the Bill.
He explained that the Bill has two major clauses that speak to Recommendation 35 of the CFATF rules.
Recommendation 35 requires the reduction of certain laws in compliance with three international conventions. Those conventions are the International Convention For The Suppression of the Financing of Terrorism, The United Nations Convention Against Transnational Organized Crime and the Protocols  thereto and the United Nations Convention against Illicit Trafficing in Narcotic Drugs and Psychotropic Substances.
Williams said that the PPP/C government was being cited twice yearly by CFATF in its follow up reports ever since 2011 for the implementation of recommendation 35; but PPP remained defiant.
He said that at the next meeting with the Americas Regional Review Group (ARRG)—a review group directly aligned with CFTAF—Guyana is expected to show up Bill in hand.
Williams said that the implementation of the required recommendations is nothing to be taken lightly, mainly because FATF and CFATF will do serious damage to the economy of any noncompliant country “whether you like it or not.”
The Minister said that this can be done if the bodies decide that a country is creating problems in the international financial system by not implementing the recommendations to prevent money laundering and the financing of terrorism.
He saw Trinidad as a case in point. That country suffered tremendously after it was blacklisted.
“Trinidad was almost out of the process by its compliance yet it could not get any correspondent bank to deal with their business in that country,” said Williams.
Williams impressed upon those who gathered that “no country in the world would be able to carry on any proper business or have a proper business environment if they cannot have correspondent banks to deal with their business.”
The Attorney General explained that Trinidad is almost out of the process and is actually ahead of Guyana, yet it is feeling the weight of having been blacklisted before.
Williams, in explaining how keen the financial forces are, noted that it usually wants to see the exact language that is used to be reflected in a country’s legislation.
“They seem to want to see back the language that they used…So, if they said that this thing should be done and we use ‘may be done’ they will cite us saying that we are not fully compliant. You have to say it ‘shall be done’.
He said that the problem is that the draughtsmen may feel that they should have the freedom to be able to convey a thought in the language they feel best, but they now have to realize that the reviewers want to see a language that they are familiar with.
“I want to place on record that we have been very open with consultations.”
He expressed glee that the bankers were in attendance since it is one body that responded five months ago when inputs were sought.
Williams said that the Bill makes it illegal for someone to commit a terrorist act, assist in a terrorist act, aid and abet a terrorist or even attempt to commit an act of terrorism.
Further, he said that the Bill criminalizes the recruitment of people to commit a terrorist act, it criminalize the equipping and outfitting of people to commit an act of terrorism as well as the raising of funds and deployment of property to assist persons to commit terrorist  acts.
The Bill also makes provision for extradition in certain cases. It criminalizes dealings with biological, chemical, nuclear weapons and radioactive materials.
Williams questioned whether terrorism was relevant to the PSC. He also stressed that notwithstanding the fact that the government concede this time, it will not send every bill up for consultation.
He said that the elements of Bills will be weighed before decisions are made for consultation to be held. “We have to make the decisions not civil society. If we don’t, and something happens, civil society will blame us.”
The Minister added, “Our government is an open government, we believe in transparency and accountability so with that in mind, we would expect that our citizenry will not unnecessarily hold us up when they recognize how important it is to get certain bills through the house.” The PSC subsequently sent out a press release indicating that it participated in consultations.
The commission said that concerns raised were satisfactorily addressed by the Attorney General and his team, while it was explained that the legislation was mandated under several international Conventions to which the country is a party.
“The Private Sector Commission is satisfied that the necessary protections for law abiding citizens are in place and is pleased to lend its support to this Bill.”

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