Identifier
Created
Classification
Origin
07PARAMARIBO604
2007-11-21 19:48:00
UNCLASSIFIED
Embassy Paramaribo
Cable title:  

SURINAME: 2007-2008 INTERNATIONAL NARCOTICS CONTROL

Tags:  SNAR EFIN KCRM KTFN NS 
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TO RUEHC/SECSTATE WASHDC IMMEDIATE 9812
INFO RUCNCOM/EC CARICOM COLLECTIVE
RUEHBO/AMEMBASSY BOGOTA 0528
RUEHBR/AMEMBASSY BRASILIA 1500
RUEHCV/AMEMBASSY CARACAS 1634
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RUEHAO/AMCONSUL CURACAO 1197
RUEAWJA/DEPT OF JUSTICE WASHDC
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UNCLAS SECTION 01 OF 04 PARAMARIBO 000604 

SIPDIS

SIPDIS

STATE FOR INL, SCT, EEB
STATE FOR WHA/CAR - JROSHOLT, KWILLIAMS
JUSTICE FOR AFMLS, OIA, OPDAT
TREASURY FOR FINCEN

E.O. 12958: N/A
TAGS: SNAR EFIN KCRM KTFN NS
SUBJECT: SURINAME: 2007-2008 INTERNATIONAL NARCOTICS CONTROL
STRATEGY REPORT (INCSR),Part II, Money Laundering and Financial
Crimes

REF: SECSTATE 137250

PARAMARIBO 00000604 001.2 OF 004


UNCLAS SECTION 01 OF 04 PARAMARIBO 000604

SIPDIS

SIPDIS

STATE FOR INL, SCT, EEB
STATE FOR WHA/CAR - JROSHOLT, KWILLIAMS
JUSTICE FOR AFMLS, OIA, OPDAT
TREASURY FOR FINCEN

E.O. 12958: N/A
TAGS: SNAR EFIN KCRM KTFN NS
SUBJECT: SURINAME: 2007-2008 INTERNATIONAL NARCOTICS CONTROL
STRATEGY REPORT (INCSR),Part II, Money Laundering and Financial
Crimes

REF: SECSTATE 137250

PARAMARIBO 00000604 001.2 OF 004



1. (U) 1. Post presents its 2008 INTERNATIONAL NARCOTICS
CONTROL STRATEGY REPORT (INCSR),Part II, Money Laundering and
Financial Crimes.

Suriname:


I. Summary:

Suriname is not a regional financial center and is not yet a
significant site for money laundering when compared to other
countries in the region. Money laundering occurs as a result of
poorly regulated private sector activities, such as casinos and car
dealerships, the non-banking financial system (including money
exchange businesses or "cambios"),and a variety of other means
including but not limited to construction, the sale of gold
purchased with illicit money, and the manipulation of commercial
bank accounts. Narcotics-related money laundering is closely linked
to transnational criminal activity related to the transshipment of
Colombian cocaine. Domestic drug trafficking organizations and
organized crime are believed to control much of the money laundering
proceeds, which are "invested" in casinos, real estate, and private
sector businesses. Suriname is not an offshore financial center and
has neither an offshore sector nor free trade zones. Suriname has a
significant parallel economy of which the majority is not linked to
money laundering proceeds.

II. Legislation:

Based on the recommendations of the Caribbean Financial
Action Task Force (CFATF),the Government of Suriname (GOS) passed a
package of anti-money laundering legislation in September 2002. The
legislation addresses multiple issues related to all types of money
laundering, including (a) criminalizing money laundering, (b)
reporting of unusual transactions in the provision of services, and
(c) requiring service providers request identification from each
customer making a transaction. The legislation applies to both
banking and non-banking financial institutions.

III. Financial Sector:

The law, "Reporting of Unusual Transactions in the Provision of
Services," provides for the establishment of a Financial

Intelligence Unit (FIU) and requires financial institutions,
non-banking financial institutions, and "natural legal persons" (as
opposed to companies) who provide financial services to report
suspicious transactions to the FIU. In total, approximately 130
entities in Suriname are required to report to the FIU. While the
FIU has informed all entities of their reporting requirements, to
date only the banking sector is in full compliance.

In accordance with international conventions, objective and
subjective indicators have been approved to identify suspicious
transactions for financial institutions. A suspicious transaction
is defined as any transaction that deviates from the usual account
as well as any customer activities that are not "normal" daily
banking business. Reporting is mandatory if financial transactions
are above a certain threshold; however, non-compliance sanctions are
currently not enforced. The thresholds for financial institutions
range from 5,000 USD for money-transfer offices to 10,000 USD for
banks, insurance companies, money exchange offices, and savings and
credit unions. Thresholds for non-banking financial institutions
and "natural legal persons" are 5,000 USD for casinos, 10,000 USD
for dealers of precious metals and stones, and 25,000 USD for
notaries, accountants, lawyers, and car dealerships. In addition,
service providers are required to confirm the identities of
individual or corporate clients before completing requested
services, and to retain photocopies of identity documents and all
other relevant documents pertaining to national and international
transactions for a period of seven years. The legislation includes
a due diligence section that holds individual bankers responsible if
their institution launders money, and ensures confidentiality to
bankers and others with respect to their cooperation with law
enforcement officials. Statutory requirements limit the
international transportation of currency and monetary instruments;
amounts in excess of 10,000 USD must be reported to authorities
before entering or leaving Suriname. Suriname does not recognize

PARAMARIBO 00000604 002.2 OF 004


indigenous alternative remittance systems. There is a gold economy
in gold mining regions in the country's interior. There are no
known cases of charitable or non-profit entities serving as conduits
for financing terrorism.

IV. Financial Intelligence Unit:

In early 2003, the FIU opened an office with material support from
the U.S. Government. The FIU received extensive training from a
Dutch expert in 2004 through the Caribbean Anti-Money Laundering
Program (CALP). The FIU, which falls under the auspices of the
Attorney General's Office, is an administrative body that performs
analytical duties. Its responsibilities entail requesting,
analyzing, and reporting to the Attorney General's office
information on transactions that may constitute money laundering.
If necessary, the FIU may request access to the records of other
government entities. To facilitate interagency coordination,
Suriname has an Anti-Money Laundering Project Team, which consists
of representatives from the FIU, Judicial Police, the Attorney
General's Office, and the judiciary. Bureaucracy and the lack of
financial and human resources have made it difficult for the FIU to
perform to its best capabilities. On the basis of a Memorandum of
Understanding (MOU),Suriname shares information regarding money
laundering with the FIU in the Netherlands. Another MOU was
concluded with the Netherlands Antilles in October 2007. Government
representatives dealing with the issue of money laundering attended
training abroad on financial investigative techniques in June 2007,
and on combating money laundering in October 2007. The number of
suspicious transactions tagged by the FIU in 2007 is not public
information.

Suriname's money laundering regime was enhanced in 2004 with the
establishment of a Financial Investigation Team (FOT) that is under
the authority of the Judicial Police. Upon making a determination
that a suspicious activity report is sufficient to initiate an
inquiry, the FIU refers the matter to the Attorney General's Office.
If the Attorney General's office concurs with that determination,
it directs the FOT to conduct an investigation. The FOT is the body
responsible for investigating all suspicious transactions identified
by the FIU. Prosecutors use evidence collected from FOT
investigations to build legal cases. To help strengthen the FOT, a
U.S. government technical adviser mentored investigators in 2005.
Nonetheless, the FOT continued to suffer from a lack of personnel
and resources which rendered it largely ineffective over the past
year. The 2004 sentencing of someone to seven years imprisonment
for intentional money laundering and for attempting to export a
small amount of cocaine remains the most significant success and
longest sentence to date. Resource constraints -- and a severe
shortage of judges -- is proving to be a limiting factor in
expanding this success. A new class of seven judges could partially
redress the problem, but they will not complete their judicial
training until 2008.

While the number of prosecutions in 2007 related to money laundering
was not public information, there were several significant
convictions in 2007 related to illegal transfers of money. In
August 2007, De Surinaamse Bank President Siegmund Proeve and former
Bank President Edward Muller were sentenced to six months
imprisonment for the illegal transfer of approximately USD 14.5
million in casino profits to foreign countries between 1998 and

2003. The defendants were charged with transferring funds without
the permission of the Foreign Exchange Commission and for the
transfer of amounts over USD 10,000 without reporting it to the
Central Bank. Other defendants in the case were Procurement Officer
Patrick Bagwandin, who was sentenced to a conditional three month
imprisonment, and Canadian Dorsett Group staffer Jeffrey Claque, who
was sentenced to six months. The bank was fined USD 358,000. The
defendants are appealing the case and are serving their sentences
while the case is under appeal.

In July, a judge handed down the verdict in a 2006 case in which 3
people were arrested with a large sum of money and charged with
money laundering. Two of the defendants were arrested after police
put up a roadblock between Paramaribo and the country's most western
district, Nickerie. The police seized the money and the vehicle the
two were driving. The three were sentenced to 12 weeks imprisonment
and each paid an additional fine of 3,600 USD. The prosecution
filed an appeal in this case, as is possible under Suriname law,

PARAMARIBO 00000604 003.2 OF 004


because they thought the sentences too lenient.

Close cooperation between Suriname and the Netherlands led to the
investigation and arrest of Bidjai Parmessar, a major drug
trafficker who was sentenced in December 2005 to ten years
imprisonment in the Netherlands for narcotics trafficking and money
laundering. The cooperation between the two countries also led to
the 2005 arrest of three persons in a high profile money laundering
scandal. In January 2006, one of the three was sentenced by a Dutch
Court to two and a half years imprisonment for money laundering. In
August 2006, the second suspect was convicted in Suriname, also on
money laundering charges, and sentenced to one and a half years in
prison. The third suspect was former Minister of Trade and Industry
Siegfried Gilds, who resigned his position after the Attorney
General announced he was under investigation for laundering money
and membership in a criminal organization. The former Minister is
alleged to have laundered close to 1,270,000 USD between 2003 and

2005. His trial is ongoing.

In December 2005, police officers seized 388,525 USD from a Guyanese
national attempting to cross the border between Suriname and Guyana.
He was acquitted in August 2006 due to lack of evidence and was
fined 350 USD for violating currency transporting regulations.
Public prosecutors are appealing the case because they think the
judge's ruling was too lenient.

Suriname has not yet signed the UN Convention for the
Suppression of the Financing of Terrorism; draft legislation was
prepared by the Ministry of Justice and Police and is awaiting the
Council of Ministers' approval. Suriname does have legislation that
allows the authorities to freeze assets of those suspected of money
laundering. The Central Bank of Suriname circulates to commercial
banks the names of individuals/entities that are designated by the
United Nations 1267 Sanctions Committee list as associates of Al
Qaeda, the Taliban, or Usama bin Laden. In 2002, Suriname signed
the OAS Inter-American Convention against Terrorism but has not yet
ratified it. Anti-terrorism legislation -- required to fully satisfy
UN Security Council Resolution 1373, which deals with suppressing
financing for and improving international cooperation on terrorism
-- is still in the drafting stage.


V. Cross Border Transportation of Currency and Negotiable
Instruments

Any person who wishes to take money in excess of USD 10,000 out of
the country must notify the Military Police. The Central Bank of
Suriname also requires that all transactions in excess of USD 10,000
be reported.

VI. Asset Forfeiture and Seizure Legislation

An amendment to the criminal code enacted in 2003 allows authorities
to confiscate illegally obtained proceeds and assets obtained partly
or completely through criminal offenses; however, assets cannot be
converted to cash or disposed of until the case is settled. New
assets forfeiture legislation, which would make this possible, is
under consideration in Parliament. There are no provisions for
civil forfeiture, and there is no legal mechanism that designates
the proceeds gained by the sale of forfeited goods to be used
directly for law enforcement efforts. There is no entity for the
management and disposition of assets seized and forfeited for
illicit drug trafficking and money laundering offenses. There have
been cases in court where the Attorney General seized financial
assets related to the narcotics trade.

VII. International Cooperation

On June 2nd, 1887, an extradition treaty was signed between the
United States and The Kingdom of The Netherlands which entered into
force on July 18th, 1889. An amendment to this treaty followed in

1904. As Suriname was a colony of the Kingdom of the Netherlands at
that time, the enforcement of this treaty also applied to Suriname.
Upon its independence in 1975, Suriname automatically adopted this
treaty into its own legislation and it still serves as the
extradition treaty between the United States and the Republic of
Suriname. The GOS has an agreement with the Netherlands on
extradition of non-nationals and mutual legal assistance with regard
to criminal matters but, under Surinamese law, citizens of Suriname

PARAMARIBO 00000604 004.2 OF 004


"will not be extradited." Money laundering is an extraditable
offense.

Suriname is party to the UN Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances. In May 2007, Suriname
acceded to the UN Convention against Transnational Organized Crime.
Suriname has bilateral treaties and cooperation agreements with the
United States on narcotics trafficking, and with Colombia, France
and the Netherlands Antilles on transnational organized crime. In
January 2006, Suriname, the Netherlands Antilles, and Aruba signed a
Mutual Legal Assistance Agreement allowing for direct law
enforcement and judicial cooperation between the countries, making
it no longer necessary for the process to be first routed through
The Hague. Parties to the Agreement, which covers cooperation with
regard to drug trafficking, trafficking in persons, and organized
crime, had a follow-up meeting in March 2007 and expanded the
cooperation to include information sharing on transnational crime
and financial crimes.

In October 2006, Suriname hosted an anti-narcotics conference
attended by many regional and international players, including the
United States. The "Paramaribo Declaration," which was endorsed in
principle at the end of the conference, is a framework to establish
an intelligence-sharing network, coordinate and execute sting
operations, and tackle money laundering. Suriname is a member of
the CFATF and the OAS Inter-American Drug Abuse Control Commission
Experts Group to Control Money Laundering (OAS/CICAD). Suriname
signed the Inter-American Convention against Terrorism in June 2002,
but has not yet ratified it. In February 2006, a joint team
consisting of members of the Financial Transactions Reports Analysis
Center of Canada (Fintrac) and the American Financial crimes
Enforcement Network (Fincen) visited Suriname and agreed to sponsor
Suriname's FIU in the Egmont membership procedure. The two
organizations proposed steps to be taken by the country to file an
application for Egmont membership in the beginning of 2007; one of
the required steps is ratification of the Inter-American
Anti-Terrorism Convention.

SCHREIBER HUGHES