Consultations on today for State Assets Recovery Bill

The Legal Affairs Ministry and the Attorney General’s Chambers will be hosting a public consultation session on the drafted State Assets Recovery Bill 2016; a proposed legislation that seeks to fight corruption within public offices.
The six-part Bill was drafted by the Attorney General’s Chambers with the assistance of the United Nations, the World Bank and a British fraud expert. The drafted Bill was published on the Ministry’s website two weeks ago ahead of the consultation, which will be held today at the Pegasus Hotel commencing at 09:00h.
Speaking at a press conference on Wednesday, Attorney General and Legal Affairs Minister Basil Williams disclosed that the Bill is

Dr Clive Thomas
Dr Clive Thomas
Attorney General and Legal Affairs Minister Basil Williams
Attorney General and Legal Affairs Minister Basil Williams

designed to create the State Assets Recovery Agency (SARA) and contains provisions to employ and empower a director, along with staff members, including the designation of the Public Security Minister of staff, such as Police Officers and immigration officers, as well as designation by the Finance Minister of staff, such as customs and revenue officers.
“This is largely a civil recovery and civil remedy bill so that you will have civil recourses for protection order, restraint orders and the like. And of course, there is the aspect of international cooperation. This order, of course, relates to state assets unlawfully stolen or unlawfully acquired by public officials or any other persons and those assets could be reached wherever the trail takes the director and his staff,” Williams stated.
According to the Attorney General, the provisions of the Bill are quite clear and without any complexity. The Bill, he added, is aimed at a particularly mischief and is developed in consonance with UN policies against corruption.
“This Bill has been sometime in the making and it is vital in the war against corruption by State officials, public officials and persons whom they may act in consort with,” he noted.
The Legal Affairs Minister went on to highlight the importance of the Bill against the background of SARU conducting its investigation during which they requested information from various agencies but it was not forthcoming.
He clarified that SARA will more be given civil recovery powers and not prosecution powers but noted that it would be the discretion of the Director to decided whether criminal recourse would be a better avenue in any particularly cases.
Moreover, Williams outlined that one of the hallmarks of the Bill is that it will create a fund, hence the assets recovered will go into that fund for the operations of SARA.
Among the stakeholders expected to be at the consultations are the Guyana Bar Association, the Private Sector Commission and the Guyana Human Rights Association. In addition, there will be a representative from the US Embassy; current Director of SARU, Dr Clive Thomas; Chief Parliamentary Council; along with the UK Fraud specialists and also representatives from the UN and World Bank, who will preside over the consultations on the various provisions of the Bill.