Provide evidence of collusion, bribery – GRA calls on KN

Chinese containers

… warns that leaking confidential info breaches tax laws

The Guyana Revenue Authority (GRA) is calling for local media house Kaieteur News to provide evidence it may have in its possession of “the collusion and bribery” of customs officers. This is in the wake of recent publications linking the unnamed officers with the local Chinese Embassy.

In its report, the media entity had claimed that the embassy was under investigation by the tax authorities for allegedly bringing in containers of goods for Chinese nationals operating businesses here.

The tax body stated that after closely examining the news reports, it suspects that confidential information may have been leaked. This, it stated, is in violation of both the Oath of Confidentiality and Secrecy contained in Section Four (one) of the Income Tax Act, Chapter 81:01 and Section 23 of the Revenue Act Cap 79:04.

“It is worth reminding the public at large that the mission of the GRA is to promote compliance with Guyana’s tax, trade and border laws and regulations, through education, quality service and responsible enforcement programmes, thereby contributing to the economic wellbeing of the people of Guyana,” GRA stated. “We would be grateful for any evidence that Kaieteur News may have in its possession as it relates to the collusion and bribery of customs officers, to be turned over to the GRA so as to enable us to conclude this investigation as early as possible.”

According to Section 4 (1) of the Income Tax Act, “Every person who has any official duty or is employed in the administration of this Act shall regard and deal with all documents, information, returns, assessment lists and copies of those lists relating to the income or items of income of any person, as secret and confidential and shall make and subscribe a declaration in the form prescribed to that effect before a magistrate.”

Subsection 2 goes on to state if these employees have possession of any of this information and “attempts to communicate that information or anything contained in the documents, returns, lists or copies to any person” is guilty of an offence.

The Act lists two exceptions. One would be if the President of Guyana authorised the employee to communicate the information and if the information was communicated outside the purpose of the Act.

Meanwhile, Section 23 (1) of the Revenue Act Chapter 79:04 states that “No person shall, without the consent in writing given by or on behalf of the authority, publish or disclose to any person other than in the course of his duties, or when lawfully required to do so by any court or under any law, the contents of any document, communication or information whatsoever, which relates to and which has come to his knowledge in the course of his duties under this Act.” Subsection 2 adds that it is a criminal offence for someone to knowingly breach this law and it brings with it, upon conviction a fine of $200,000 or less. It also carries a jail sentence of not more than five years. The embassy has since denied the reports from the daily newspaper. In a statement on Thursday, it called the article “baseless and unsubstantiated,” while stating that an investigation would be conducted.

The embassy also indicated its right to take legal action.