Identifier
Created
Classification
Origin
09PORTOFSPAIN121
2009-03-17 17:09:00
CONFIDENTIAL
Embassy Port Of Spain
Cable title:
RESPONSE FOR INFORMATION ON ANTI-MONEY LAUNDERING
how-toVZCZCXYZ0009 RR RUEHWEB DE RUEHSP #0121 0761709 ZNY CCCCC ZZH R 171709Z MAR 09 FM AMEMBASSY PORT OF SPAIN TO RUEHC/SECSTATE WASHDC 9768 INFO RUCNCOM/EC CARICOM COLLECTIVE RUEAWJA/DEPT OF JUSTICE WASHDC RUEATRS/DEPT OF TREASURY WASHDC
C O N F I D E N T I A L PORT OF SPAIN 000121
SIPDIS
STATE FOR WHA/CAR, INL-RINDLER, JOHNS, EEB/ESC, INR/I
JUSTICE FOR OIA, OPDAT, AND AFMLS
TREASURY FOR FINCEN, ERIN NEPHEW
E.O. 12958: DECL: 03/17/2019
TAGS: EFIN PINR KTFN TD
SUBJECT: RESPONSE FOR INFORMATION ON ANTI-MONEY LAUNDERING
LAWS IN TRINIDAD AND TOBAGO (C-TN8-02689)
REF: 08 STATE 130137
Classified By: DCM Len Kusnitz for reasons 1.4 (c)
C O N F I D E N T I A L PORT OF SPAIN 000121
SIPDIS
STATE FOR WHA/CAR, INL-RINDLER, JOHNS, EEB/ESC, INR/I
JUSTICE FOR OIA, OPDAT, AND AFMLS
TREASURY FOR FINCEN, ERIN NEPHEW
E.O. 12958: DECL: 03/17/2019
TAGS: EFIN PINR KTFN TD
SUBJECT: RESPONSE FOR INFORMATION ON ANTI-MONEY LAUNDERING
LAWS IN TRINIDAD AND TOBAGO (C-TN8-02689)
REF: 08 STATE 130137
Classified By: DCM Len Kusnitz for reasons 1.4 (c)
1. (C) Summary: Trinidad and Tobago's lack of compliance
with the Caribbean Financial Action Task Force (CFATF)
anti-money laundering and counter terrorism finance (AML/CTF)
recommendations jeopardizes its role as a regional financial
leader. CFATF's executive director is calling on the GOTT to
enact appropriate legislation before the next CFAFT plenary
in May in order for T&T to be viewed as a serious participant
in the fight against money-laundering. GOTT contacts respond
that necessary legislation is stymied by senior government
officials' determination to assign the lead on AML
enforcement to the Special Anti Crime Unit of Trinidad and
Tobago (SAUTT),a law enforcement entity still lacking formal
legal status. Rectifying this would require support from
opposition members of parliament that is not forthcoming.
End Summary.
2. (C) Despite GOTT's plan to launch an international
financial center in Port of Spain, the Trinidadian delegation
at the 2008 CFATF Plenary reported continued non-compliance
and lack of progress on almost all of the AML/CTF
deficiencies highlighted in the 2005 CFATF Mutual Evaluation
Report (ref). As a result, member countries agreed to send a
letter of reprimand to the GOTT requesting substantial
advances in compliance by the next plenary meeting, to be
held May 6-7 in Port of Spain. CFATF Executive Director
Calvin Wilson indicated to PolOff that he had drafted and
personally delivered this letter in January to Prime Minister
Patrick Manning.
3. (C) In a meeting with EmbOffs, National Security Ministry
Legal Advisor Norton Jack and Executive Director of the
Strategic Services Agency (SSA) Serena Joseph-Harris
described three proposed pieces of legislation that would
bring the GOTT in compliance with the majority of AML
recommendations. These would be (1) legislation enhancing
the powers and role of the Financial Investigations Unit
(FIU),(2) an amendment to strengthen the Proceeds of Crime
Act (POCA),and (3) Financial Obligations Regulations under
the POCA. In a subsequent conversation with Wilson and
Joseph-Harris, PolOff learned the legislation was to be sent
to the Legislative Review Committee (LRC) in March. If the
LRC moves it forward, the legislation could be on the
parliamentary agenda as early as April.
4. (C) The current proposal for the FIU would have the
Ministry of Finance gather intelligence on money laundering,
while SAUTT conducted investigations. However, SAUTT is not
yet a formal legal entity. Legalizing it would take a
special two-thirds majority in Parliament, which the ruling
party cannot achieve without opposition support. In the
current political climate, there is no likelihood of
obtaining any opposition support. Given this, AML contacts
believe it would be better to place the investigation unit
under the Trinidad and Tobago Police Services, since this
could be achieved with a simple majority.
5. (C) Wilson of CFATF noted that top GOTT officials are
reticent to amend the proposed FIU bill. Consequently, with
the CFATF letter of reprimand in hand, Wilson intends to meet
with the Minister of Finance, the Minister of National
Security, the Attorney General, and the Minster of Energy
(who serves as leader of government business in the Senate)
to press for changes needed to push the FIU bill through
Parliament with a simple majority vote.
6. (C) Post contacts advise that compliance with
recommendations on counter-terrorism finance (CTF) would
require amendments to the Anti-Terrorism Act (ATA) of 2005.
This also would require a Parliamentary special majority.
7. (C) Comment: The CFATF will need to send a clear message
to the GOTT if it remains non-compliant in addressing the
AML/CTF deficiencies by the May meeting. Possible
alternatives include a fine, a high-level delegation visit,
suspension or even expulsion. End Comment.
SHAPIRO
SIPDIS
STATE FOR WHA/CAR, INL-RINDLER, JOHNS, EEB/ESC, INR/I
JUSTICE FOR OIA, OPDAT, AND AFMLS
TREASURY FOR FINCEN, ERIN NEPHEW
E.O. 12958: DECL: 03/17/2019
TAGS: EFIN PINR KTFN TD
SUBJECT: RESPONSE FOR INFORMATION ON ANTI-MONEY LAUNDERING
LAWS IN TRINIDAD AND TOBAGO (C-TN8-02689)
REF: 08 STATE 130137
Classified By: DCM Len Kusnitz for reasons 1.4 (c)
1. (C) Summary: Trinidad and Tobago's lack of compliance
with the Caribbean Financial Action Task Force (CFATF)
anti-money laundering and counter terrorism finance (AML/CTF)
recommendations jeopardizes its role as a regional financial
leader. CFATF's executive director is calling on the GOTT to
enact appropriate legislation before the next CFAFT plenary
in May in order for T&T to be viewed as a serious participant
in the fight against money-laundering. GOTT contacts respond
that necessary legislation is stymied by senior government
officials' determination to assign the lead on AML
enforcement to the Special Anti Crime Unit of Trinidad and
Tobago (SAUTT),a law enforcement entity still lacking formal
legal status. Rectifying this would require support from
opposition members of parliament that is not forthcoming.
End Summary.
2. (C) Despite GOTT's plan to launch an international
financial center in Port of Spain, the Trinidadian delegation
at the 2008 CFATF Plenary reported continued non-compliance
and lack of progress on almost all of the AML/CTF
deficiencies highlighted in the 2005 CFATF Mutual Evaluation
Report (ref). As a result, member countries agreed to send a
letter of reprimand to the GOTT requesting substantial
advances in compliance by the next plenary meeting, to be
held May 6-7 in Port of Spain. CFATF Executive Director
Calvin Wilson indicated to PolOff that he had drafted and
personally delivered this letter in January to Prime Minister
Patrick Manning.
3. (C) In a meeting with EmbOffs, National Security Ministry
Legal Advisor Norton Jack and Executive Director of the
Strategic Services Agency (SSA) Serena Joseph-Harris
described three proposed pieces of legislation that would
bring the GOTT in compliance with the majority of AML
recommendations. These would be (1) legislation enhancing
the powers and role of the Financial Investigations Unit
(FIU),(2) an amendment to strengthen the Proceeds of Crime
Act (POCA),and (3) Financial Obligations Regulations under
the POCA. In a subsequent conversation with Wilson and
Joseph-Harris, PolOff learned the legislation was to be sent
to the Legislative Review Committee (LRC) in March. If the
LRC moves it forward, the legislation could be on the
parliamentary agenda as early as April.
4. (C) The current proposal for the FIU would have the
Ministry of Finance gather intelligence on money laundering,
while SAUTT conducted investigations. However, SAUTT is not
yet a formal legal entity. Legalizing it would take a
special two-thirds majority in Parliament, which the ruling
party cannot achieve without opposition support. In the
current political climate, there is no likelihood of
obtaining any opposition support. Given this, AML contacts
believe it would be better to place the investigation unit
under the Trinidad and Tobago Police Services, since this
could be achieved with a simple majority.
5. (C) Wilson of CFATF noted that top GOTT officials are
reticent to amend the proposed FIU bill. Consequently, with
the CFATF letter of reprimand in hand, Wilson intends to meet
with the Minister of Finance, the Minister of National
Security, the Attorney General, and the Minster of Energy
(who serves as leader of government business in the Senate)
to press for changes needed to push the FIU bill through
Parliament with a simple majority vote.
6. (C) Post contacts advise that compliance with
recommendations on counter-terrorism finance (CTF) would
require amendments to the Anti-Terrorism Act (ATA) of 2005.
This also would require a Parliamentary special majority.
7. (C) Comment: The CFATF will need to send a clear message
to the GOTT if it remains non-compliant in addressing the
AML/CTF deficiencies by the May meeting. Possible
alternatives include a fine, a high-level delegation visit,
suspension or even expulsion. End Comment.
SHAPIRO