Several bargaining chips can be used now that deadline for anti-laundering bill extended

Dear Editor,

The GTUC cautions the administration to desist from its politics of hysteria by manufacturing crises and creating unnecessary tensions in the society. For the past month the administration has been engaged in relentless hype to make the nation feel we face international financial ostracising (blacklisting) if we did not meet the manufactured February 13 deadline to pass the Anti-money Laundering and Countering the Financing of Terrorism Bill (AML/CFT). Now it has become evident doomsday, February 13, came and passed with no sanction by the international Financial Action Task Force (FATF). And if there is any credibility in the administration’s statement of having to file a report to the Caribbean Financial Action Task Force (CFATF), an honest report will make known the AML/CFT is engaging parliamentary  attention, which is an improvement on November 2013 when it was felt the Bill was dead.

The administration’s hysteria is not only confined to the state and politically-aligned media but it has sought to ensnare independent and mainstream media, obliterating or reducing the opportunity for clear thinking and progress on this matter. The mainstream and independent media are now being targeted to make propaganda on a matter of national import that requires level-headedness, but which the administration has unfortunately seized upon as an opportunity to manufacture a political crisis and divide the society.

In a partnership of regional and international governance preference is given to positions and recommendations that emerge from the regional body, and in this case where Guyana is given until May 2014 by the CFATF to report on its compliance, the FATF would have never sought to sanction Guyana.  Further, if Guyana was not slated for review by FATF, ipso facto the body cannot waive immediate sanctions against Guyana at its plenary held in Paris.

Guyanese are warned not to be fooled by this administration’s exploitation of the media in its gate-keeping role in furtherance of a divisive political agenda which will hinder good governance and our peaceful co-existence. The nation is presenting to onlookers a picture of headless chickens fluttering around on or reacting to a number of inconsistencies articulated by the administration and its allies, and this must cause us to examine their credibility.

1. In October 2013 Cabinet Secretary, Dr Roger Luncheon said “CFATF has dictated and will continue to dictate the Anti-Money Laundering Bills of the world of states that are specifically treaty bound under the FATF, so let’s put to rest that perspective.”

In February 2014 when Kaieteur News approached CFATF, the paper was advised by Roger Hernandez, Financial Advisor of CFATF “The legislation has not been dictated by the CFATF, draft versions of the legislation were submitted for review by the CFATF to assess compliance with outstanding recommendations and a response was sent to the authorities.”

2. In January 2014, Chair of the AML/ CFT Parliamentary Select Committee, Ms Gail Teixeira warned Guyana could be automatically reviewed by FATF in February and risk international backlisting if the bill was not passed. The FATF meeting concluded and Guyana is not blacklisted.

3. In February 2014 Attorney General (AG), Mr Anil Nandlall told Stabroek News the Bill had to be passed by February 11 for dispatch to FATF in order to avoid further blacklisting. The administration also said two countries were identified for review and when asked if Guyana was one, the response was it could not be confirmed because the FATF meeting was closed-door.

4. The opposition’s proposal for the adoption of the Barbados oversight model was rejected by the AG who said “The United Nations Security Council has produced a book in which they have examined all the FIUs around the globe. They have recommended the executive model to be used as it has proven to be the most effective.” Barbados is not on the watch list of non-compliant countries. The trading of accusations as to who is responsible for the non-passage of the AML/CFT Bill has taken precedence over the responsibility of public officials to educate the citizens about a proposed law that has a far reaching impact on their day-to-day lives. It is clear political upmanship is taking precedence over the interest of the people.

Further, the absence of engaging the opposition and arriving at consensual positions that satisfy our constitutional requirements in a holistic arrangement, including the establishment of constitutional bodies such as the Public Procurement Commission (PPC), assenting to outstanding bills and other pressing governance issues, convey the impression the administration has no intention of realising the passage of a bill, but is using the opportunity to deceive and blame the opposition and those questioning the Bill in its current form. The GTUC urges the citizenry to be enjoined in this discourse and call on the administration to stop its deception and buckle down to acceptable standards of governance.

Now that the extended February 14 deadline for submitting nominees for the PPC has passed and Guyana has from now to May 2014 to be AML/CFT compliant, there is enough time to establish the PPC, assent to outstanding Bills and attend to workers’ grievances at the Bauxite Company of Guyana Inc (BCGI). Guyanese have the ability to multitask and these outstanding matters must be simultaneously addressed and used as bargaining chips in the negotiation process for the passage of the AML/CFT.

Yours faithfully,
Lincoln Lewis
General Secretary