2005-2006 INTERNATIONAL NARCOTICS CONTROL

UNCLAS SECTION 01 OF 03 COLOMBO 002111

SIPDIS

STATE FOR INL AND SA/INS; EB/ESC/TFS; JUSTICE FOR OIA
AND AFMLS; TREASURY FOR FINCEN

E.O 12958: N/A
TAGS: KTFN EFIN PTER SNAR KCRM CE ECONOMICS
SUBJECT: 2005-2006 INTERNATIONAL NARCOTICS CONTROL
STRATEGY REPORT (INCSR) PART II, MONEY LAUNDERING AND
FINANCIAL CRIMES, SRI LANKA

Ref: STATE 210691


1. UPDATED RESPONSE TO REFTEL FOLLOWS:


2. Sri Lanka is neither an important regional
financial center nor a preferred center for money
laundering. Money laundering currently is not a
criminal offense. There are strict bank secrecy laws,
under which the Government of Sri Lanka is required to
obtain a court order to obtain banking information on
bank customers. The Central Bank introduced
regulations on customer due diligence in a December
2001 bid to tackle money laundering and terrorist
financing in the absence of a specific legal
framework. These regulations apply to commercial banks
and licensed specialized banks coming under the
Central Bank. In June 2005, the Central Bank
tightened the rules for the appointment of money
changers.


3. The Government has finalized three separate laws
to deal with money laundering and terrorist financing.
The Convention on the Suppression of Terrorist
Financing, Act 25 of 2005, was passed by Parliament in
August 2005. This law gives effect to the UN
Convention for the Suppression of the Financing of
Terrorism. The remaining two draft laws, a law for
the prevention of money laundering and a law on
financial transactions reporting, modeled on those in
the Commonwealth, which will provide for the
establishment of a financial intelligence unit (FIU),
have been finalized and await Parliamentary approval.
The passage of these two laws was delayed due to the
November 17 Presidential elections and the Government
of Sri Lanka (GSL) Budget presentations in November
and December 2005. The laws were tabled in Parliament
in early December and expected to be passed into law
soon. The Government expects to create an FIU, most
likely housed in the Central Bank, following the
passage of the laws. Currently, financial
transactions relating to terrorism and narcotics are
illegal under Central Bank regulations and banking
laws.

4. The definition of money laundering, under the
proposed anti-money laundering law, covers (as
predicate offenses) the offenses under existing laws
on narcotics, terrorism prevention, bribery, firearms,
exchange control, banking, transnational organized
crime, cyber crimes, child protection and trafficking
of persons and any other offense punishable by death
or imprisonment of seven years or more. The offense
of money laundering involves receiving, possessing,
concealing, disposing of, importing, exporting,
investing or dealing in any property or proceeds
derived or realized from any unlawful activity covered
by the law. Under the sentencing provisions of the
proposed anti-money laundering law, persons convicted
will be liable for a fine or imprisonment for a period
of 5-20 years. Under the sentencing provisions of the
recently enacted counterterrorist financing law,
persons convicted will be liable for a fine and
imprisonment for a period of 15-20 years. Under the
laws, both money laundering and terrorist financing
would be extraditable offenses.

5. Many areas of concern exist with respect to Sri
Lanka's current anti-money laundering efforts. The
Central Bank continues to allow the operation of
bearer certificates of deposits. In July 2003, in
order to limit money laundering through bearer
certificates, the Central Bank required banks to
maintain a record of purchasers of these certificates.
However, in reality, the banks currently maintain
records of the initial purchaser and the ultimate
bearer who turns in a bond to the bank. Meanwhile,
the bond may transfer through other hands.


6. Another area of concern relates to a 2003 tax
amnesty, under which Sri Lankan individuals and
companies could declare previously undisclosed wealth
accrued from any source and receive immunity from a
range of taxes. The amnesty was revised in 2004, so
that immunity is now only available with respect to
the payment of income tax on relevant funds. Casinos,
jewelry shops and dealers in gems are also areas of
concern, as there is no law to regulate their
operations.

7. Sri Lanka has an indigenous alternative remittance
system in the form of informal money transfer
operations. Many Sri Lankan migrant workers, mainly
in the Middle East, use this hawala-like system to
remit their earnings. Various payments out of Sri
Lanka are also made using this system. Sri Lankan
commercial banks are increasing their presence and
services in the Middle East in order to cater to this
clientele. Trafficking of drugs generates significant
amounts of criminal proceeds, and those proceeds are
also readily transported using this system. Drug
proceeds are laundered through various methods,
including investment in real estate. In November
2004, a high court judge who was presiding over
several narcotics related cases was killed at his
home. A known drug peddler and four others were found
guilty of the murder and sentenced to death.

8. Sri Lanka is also saddled with a long running
terrorist problem. Liberation Tigers of Tamil Eelam
(LTTE),a terrorist organization seeking an
independent homeland, has been operating in Sri Lanka
for over 20 years. In February 2002, with Norwegian
Government facilitation, the LTTE and the Government
of Sri Lanka agreed to a joint cease-fire accord.
After holding six rounds of talks, the LTTE withdrew
from the negotiation process in April 2003. In
November 2005, the newly elected Sri Lankan President
invited the LTTE to resume negotiations but there has
been no response as yet. Since October 1997, the U.S.
Government has designated the LTTE as a Foreign
Terrorist Organization under provisions of the Anti-
Terrorism and Effective Death Penalty Act of 1996.
The Government of Sri Lanka lifted a proscription on
the LTTE consequent to the peace process in 2001.
However, the LTTE is still designated as a terrorist
organization under "UN Regulation 1 of 2001" made
under United Nations Act No 45 of 1968. This
regulation was introduced by the Ministry of Foreign
Affairs to give effect to binding obligations under UN
Security Council resolution 1373. Under the
regulation, funds cannot be remitted to the LTTE.


9. Following the December 2004 tsunami, a large
number of international and local Non Governmental
Organizations (NGOs) have opened offices in Sri Lanka.
In order to ensure the legitimacy of the NGOs, the
Government created a Center for Non Government Sector
(CNGS) in the Ministry of Finance. NGOs require a
recommendation from the CNGS to register as a NGO.
Further, NGOs receiving Tsunami related funds from
abroad are required to channel these funds through a
Special Bank Account titled "Post Tsunami Inward
Remittances Account" (PTIRA). All registered banks in
Sri Lanka are allowed to open such accounts. The
banks are required to forward monthly statements on
these accounts to the Exchange Control Department of
the Central Bank. The Central Bank reports that
existing arrangements are inadequate to monitor
financial flows to NGOs.

10. Sri Lanka is not considered an offshore financial
center. Offshore banking units are allowed to operate
as a part of a commercial bank operating in an
overseas country in order to facilitate trade finance.
They are subject to Central Bank supervision. Bearer
shares are not permitted for offshore banks and
foreign-owned companies. Sri Lanka has 10 free trade
zones, also called export-processing zones,
administered by the state-owned Board of Investment
(BOI). The free trade zones house export-
manufacturing operations. Only companies approved by
the BOI are allowed to operate inside the zones.
There are no indications that these free trade zones
are being used in trade-based money laundering schemes
or terrorist financing.

11. Sri Lanka is a party to the UN International
Convention for the Suppression of the Financing of
Terrorism and to the 1988 UN Drug Convention. Sri
Lanka is also a party to the UN Convention against
Corruption. Sri Lanka has signed but not ratified the
UN Convention against Transnational Organized Crime.
Sri Lanka is a member of the Bay of Bengal Initiative
for Multi-Sectoral Technical and Economic Cooperation
(BIMSTEC) working group on Counter-Terrorism and
Transnational Crime formed in July 2004. The working
group had its first meeting in December 2004 and aims
to serve as a platform for regional cooperation to
prevent and suppress terrorism and transnational
crime.

12. The Mutual Assistance in Criminal Matters Act of
2002 provides for cooperation in criminal matters with
Commonwealth countries and with non- Commonwealth
countries with which Sri Lanka has entered into a
bilateral agreement on mutual assistance in criminal
matters. Under the newly enacted Convention on the
Suppression of Terrorist Financing Act No 25 of 2005,
which gives effect to the UN International Convention
for the Suppression of the Financing of Terrorism, and
the draft law on the Prevention of Money Laundering
the government is required to co-operate with and
provide assistance to states party to the Convention
with regard to investigations and prosecutions under
the respective laws. The Central Bank of Sri Lanka
has circulated the list of individuals and entities
that have been included on the UNSCR 1267 Sanctions
Committee's consolidated list with instructions to
identify, freeze and seize terrorist assets. To date,
no such assets have been identified.

13. Terrorist financing is an offense punishable by
imprisonment for a period of five to ten years.
Regulations under the United Nations Act No. 45 of
1968 provide for the freezing and forfeiture of assets
of financiers of terrorism. There is no specific
provision in law for the freezing and forfeiture of
narcotics-related assets. The trafficking,
possessing, importing or exporting of narcotics is
punishable by death or life imprisonment under the
Poisons, Opium and Dangerous Drugs Ordinance (OPDDO).
Draft amendments to OPDDO, and draft money laundering
and the terrorist financing legislation include asset
forfeiture and seizure provisions for narcotics
related crimes, money laundering and terrorist
financing.

13. The Government of Sri Lanka has accepted US
Government assistance to implement its anti money
laundering and counterterrorist financing programs.
The US Treasury's Financial Crimes Enforcement Unit
conducted three training seminars in Sri Lanka for
officers from regulatory and reporting agencies during
2004-2005. The US Department of Justice also
conducted a regional workshop on detecting and
preventing terrorist financing in Sri Lanka in June

2005. Officials from several Sri Lankan government
agencies attended the workshop along with officials
from several other countries in South Asia. US
Treasury intends to place a full time technical
advisor on anti money laundering related matters in
Sri Lanka in summer 2006.
ENTWISTLE