Mandate under the Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) Act No. 13 of 2009

The Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) Act, Chapter 10:11, was enacted by the Parliament of Guyana in 2009, repealing and replacing the Money Laundering (Prevention) Act 2000. This legislation establishes a comprehensive legal framework for identifying, preventing, and prosecuting money laundering (ML) and the financing of terrorism (FT) in Guyana.

 

Key Provisions of the AML/CFT Act:

The AML/CFT Act criminalizes money laundering, terrorist financing and proliferating financing and provides for the following:

    • The establishment and management of the Financial Intelligence Unit (FIU).
    • The identification, tracing, freezing, seizure, and forfeiture of unlawful proceeds derived from serious offences.
    • Comprehensive powers for the investigation and prosecution of money laundering, terrorist financing, and related financial crimes.
    • The forfeiture of criminal proceeds and terrorist property through both criminal and civil proceedings.
    • The imposition of preventive measures on Reporting Entities to aid in the detection and deterrence of money laundering and terrorist financing activities.
    • Provision for the Supervision of Reporting Entities
    • Provision for civil asset forfeiture and related legal matters.

 

Legislative Amendments:

The AML/CFT Act has been amended on several occasions, 2010, 2015, 2016, 2017, 2018, 2022 and 2023, to enhance its effectiveness and alignment with evolving global standards. Some of the key features of these amendments include:

    • The amendment of the Guyana Gold Board Act, Chapter 66:01, to incorporate the AML/CFT ‘fit and proper’ criteria for determining the suitability of applicants seeking an Authorisation to Possess, Sell, or Export Gold under Section 9(1) of the Guyana Gold Board Act.
    • The inclusion of provisions for targeted financial sanctions to address the risks associated with terrorist financing and proliferation financing.
    • The establishment of the Anti-Money Laundering, Countering the Financing of Terrorism, and Proliferation Financing (AML/CFT/CPF) National Coordination Committee (NCC) to facilitate effective policy coordination and implementation.

 

Role of the Guyana Gold Board:

Pursuant to the AML/CFT Act, the Guyana Gold Board (GGB) is designated as the Supervisory Authority for Dealers in Precious Metals (Licensed Gold Dealers  who are classified as Reporting Entities under the Act. In this capacity, the GGB is responsible for ensuring that gold dealers comply with statutory AML/CFT obligations, including the implementation of risk-based measures, customer due diligence, transaction monitoring, and reporting of suspicious activities.

Reporting Entity

i. What is a Reporting Entity?
ii. Obligations as a Reporting Entity
iii. Sanctions for Non-Compliance

Supervisory Authority

i. What is a Supervisory Authority?
ii. Who we Supervise?
iii. Functions of the Supervisory Authority