RSS team flags gaps in Guyana’s AML/CFT legislation

– extends expertise in detecting, prosecuting AML/CFT-type offences among others
– AG requests assistance in certain high-profile ongoing investigations of money laundering

A visiting delegation from the Regional Security System (RSS) Asset Recovery Unit (ARU) has identified gaps in Guyana’s Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) legislation, and has since indicated same to Attorney General Anil Nandlall, SC.
During a meeting with the Attorney General on Thursday, the team said it has crafted model legislation that have widely influenced AML/CFT legislation and approaches in the Caribbean region. In this regard, the team indicated that it has done a comparative analysis between Guyana’s existing legislative framework and the model legislation, and has flagged gaps in Guyanese legislation.
It has also pointed out that the model legislation has a comprehensive regime dealing with both civil and criminal forfeiture, and that Guyana should adopt that regime.
In response, the Attorney General thanked the team for its timely visit, in particular since Guyana is scheduled for mutual evaluation later this year.
“Currently, we are drafting legislation which we are to enact speedily, before the commencement of our mutual evaluation later this year. Your intervention therefore is not only most welcome, but could not have been better-timed. Certainly, we will accept your guidance, and incorporate it in our legislative and other endeavours. We will also take advantage of your offer for capacity building at every level, including at the investigative, prosecuting, and adjudicative levels. We are prepared to partner with you in organising workshops to build capacity in the important agencies which form part of our AML/CFT infrastructure,” Nandlall added.
The RSS delegation comprised Director (ag) Kisha Sutherland, Senior Financial Investigator Randy Alexander, and Senior Legal advisor Chanika Carrington; while Nandlall was accompanied by Deputy Chief Parliamentary Counsel Joann Bond, and Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) Officer attached to the Attorney General Chambers, Romel St. Hill.
This visiting team has extended its expertise to Guyana’s AML/CFT structure with specific emphasis on training, capacity building, and practical and technical guidance in investigating, detecting, and prosecuting AML/CFT-type offences, including asset recovery and possessing, seizing and forfeiting proceeds from crime.
Importantly, the AG requested the RSS team to assist the local FIU and the Special Organised Crime Unit (SOCU) in certain ongoing high-profile investigations of money laundering. While in Guyana, the RSS has met with the Financial Intelligence Unit (FIU), Special Organised Crime Unit (SOCU), and the Customs Anti-Narcotics Unit (CANU), and it is expected to meet with the Director of Public Prosecutions (DPP) today.
Guyana signed on with the RSS in March 2022 at the 33rd Inter-sessional meeting of Caribbean Community (Caricom) Heads in Belize. The Instrument of Accession for the Treaty Establishing the Regional Security System, making Guyana a member of the regional body, was later signed in September 2022. Guyana is also part of the RSS Asset Recovery Inter-Agency Network of the Caribbean (ARIN-CARIB) eight-member steering group that administers that operational arm.
The RSS ARU is a regional unit established to combat serious organised crime in the Caribbean common law jurisdictions through partnership and the robust application of proceeds of crime and money laundering legislation.
Currently, this Unit is seen as the centre of excellence in the Eastern Caribbean in combatting serious organized crime, money laundering, and the recovery of criminal assets. It commenced in November 2015, taking over from the highly successful Eastern Caribbean Financial Investigations Advisory Team (ECFIAT) and Caribbean Criminal Assets Recovery Programme (CCARP).
Based in Barbados, it covers the eight RSS Member States; namely: Antigua & Barbuda, Barbados, Dominica, Grenada, Guyana, St Kitts & Nevis, St Lucia, and St Vincent & the Grenadines. The team also provides wider regional support to include key transit countries, such as Trinidad and Tobago and the overseas territories of the United Kingdom.