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Court orders GRA to handover tax documents to SOCU for money laundering investigations
Kaieteur News – The High Court, on Monday, ordered the Guyana Revenue Authority (GRA) to handover tax documents to facilitate a money laundering investigation by the Special Organised Crime Unit (SOCU).
Commissioner-General of the GRA Godfrey Statia.
According to a release from the Guyana Police Force’s Communications Unit, the High Court dismissed an application for a refusal of a Production Order filed by the GRA and ruled in favour of the SOCU. Commissioner General of the GRA, Godfrey Statia, was directed to comply within the next fourteen (14) days with the Production Order, which was granted by Chief Justice Roxane George-Wiltshire, SC, on August 12, 2021.
The Production Order was granted pursuant to Section 24 of the Anti-Money Laundering and Countering the Financing of Terrorism Act, Cap 10:11
The order seeks the production of documents in the possession of the Commissioner General or a duly authorised officer/agent, of the GRA, a body Corporate in accordance with Section 9 of the Revenue Act, Cap. 79:04, Laws of Guyana, with its head office located at Lots 200-201 Camp Street, Georgetown.
In keeping with the court order, SOCU has been asking the Revenue Authority for the documents, which are part of investigations into money laundering involving in excess of GY$103 million.
The GRA had refused to produce the documents on the grounds that, it is obligated to safeguard the return declarations and other taxpayer information in accordance with Section 23 of the Revenue Act.
However, the court emphasised that Sections 111 and 112 of the Anti-Money Laundering and Countering the Financing of Terrorism Act, Cap 10:11 is clear as it supersedes Section 23 of the Revenue Act Cap. 79:04, and protects the GRA from liability where documents/information are produced to SOCU.
The court further ordered costs against the Guyana Revenue Authority in the sum of $75,000.
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