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发表于 2017-10-11 09:31:06 | 显示全部楼层 |阅读模式
– Gaskin urges Financial Analyst, Ramon Gaskin has said that before the amendments to the Anti-Money Laundering and Countering the Financing of Terrorism Act 2009 (AML/CFT) can be addressed, one must pay attention to the “frightening flaws” of the Principal Act.Gaskin posited that the roles, functions and powers of the Minister of Finance and the Attorney General (AG) are the areas that need critical and immediate revision.One of the main problems, the Analyst noted, is with Section 2 of the Act as it allows the AG and the Minister of Finance to blacklist entities based merely on “reasonable grounds” without due process.Ramon GaskinIn addition to this, what Gaskin identified as being more outrageous is the so called process to exit the blacklist.He explained that when the Minister of Finance makes the order to blacklist you,Cheap Nike Air Max Shoes, getting your name out of the Gazette is easier said than done.In order to get your name off the blacklist, you have to make an appeal to the Minister of Finance and if you are unsuccessful,Wholesale NFL Jerseys, your next option is appealing to a Judge.According to Gaskin, the appalling part is that even after the Judge would have reviewed the facts, he does not remove your name from the blacklist. Instead, the Judge sends you (the applicant) back to the Finance Minister for him to withdraw the order made to have your name placed on the blacklist in the first place.This process, Gaskin said, gives the Finance Minister the right to further keep you on the blacklist due to this delay.But this is a violation, Gaskin said,nfl jerseys china, since the Guyana Constitution in Article 144(1) clearly states that the person charged with a criminal offence “shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law”.He explained that nothing in this clause says anything about blacklists or the involvement of political ministers.The financial analyst also explained that even the definition of “money laundering” in the Act is not comprehensive enough and if it is not corrected it will only allow for many to slip through the cracks.He said, “Section 3 (1) of the Act seeks to define money laundering as the conversion or transfer, concealment or disguising of the true nature, origin, location, disposition movement,Cheap NFL Jerseys, ownership, acquisition, possession or use of property where there are reasonable grounds to believe that the property is the proceeds of crime also,NFL Jerseys Outlet, to conspire to commit or to attempt to commit any of the above.Gaskin said that the definition itself does not fully encompass the elements in money laundering and fails to emphasize the transactional nature of the activity, whereby the person presumably needing to launder proceeds, including proceeds of crime, does so through a system of private borrowing and lending activities with another person,Wholesale Jerseys, who actually receives the proceeds and does the laundering through real estate construction (very often) and other investments.He expressed that the offence in the majority of cases involves two or more persons, although in some cases the person doing the laundering is also the same person who owns the proceeds being laundered.He added that in order to properly capture the participants in money laundering, it is necessary to understand the various mechanics in place by which money laundering takes place.
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