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AG: Several tools added to deal with international requests for exchange of information

ATTORNEY General Ryan Pinder. BIS Photo/Patrick Hanna

ATTORNEY General Ryan Pinder. BIS Photo/Patrick Hanna

• Case management system developed by Department of Information Technology

By YOURI KEMP

Tribune Business Reporter

ykemp@tribunemedia.net

The Attorney General has provided an insight on the government’s case management system to help facilitate the management of responses to international requests for exchange of information.

Ryan Pinder, in the 2019-20 Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) Annual Publication for The Bahamas, said: The OAG (Office of the Attorney General) over the last 24 months added several tools to assist the Unit in effectively managing the government’s responses to international requests for exchange of information either through a) Mutual Legal Assistance Treaties, b) Letters Rogatory, c) Court to Court for criminal matters via the Criminal Justice (International Cooperation) Act, 2000 or d) Court to Court for civil matters via the Evidence (Proceedings in Other Jurisdiction) Act, 2000.

“A case management system has been developed by the Department of Information Technology as an IT solution to enhance the Unit’s procedures. The IT solution was launched during the week of the 10 December 2018. As of 20 February 2019, all Mutual Legal Assistance and Criminal Justice Requests for Assistance matters (United States of America, Canada, etc.) have been entered into the case management system and updating of matters is ongoing. As of July 2019, all matters relating to outgoing requests were entered into the case management system. Extradition matters were entered into the case management system as of 21 August 2019.

“The Protocol for Processing International Requests for International Legal Assistance Matters has been amended to ensure that all members of the Unit are aware that all new matters are to be entered into the case management system upon receipt.”

He further said about the efficacy of the case management system, “Since the implementation of the case management system, the International Cooperation Unit of the OAG has been able to collate statistics more efficiently and within a timely manner. Further, international partners have continued to be updated monthly on matters outstanding. A review of the outstanding matters allows senior management to ensure that all updates are forwarded to countries with outstanding cases.

“The International Unit has added two additional staff, and the Unit’s personnel have been trained in the operations of the case management system.”

Mr Pinder also charted the way forward for the OAG on AML/CTF matters and said: “There have been tremendous efforts made to address all concerns of the CFATF (Caribbean Financial Action Task Force) and the FATF (Financial Action Task Force). The AML/CFT/CPF (proliferation financing) legislative, regulatory and enforcement landscapes have been thoroughly reviewed and strengthened as noted above. The IRF (Identified Risk Framework) Steering Committee is committed to ensuring that the country maintains a high level of readiness in addressing regulatory and best practice challenges in the AML/CFT/CPF space.

“To assist in this effort and to ensure that there is much vigilance over the primary financial sector – banks and trust companies, The Central Bank established an AML Analytical Unit in 2018, whose sole function is that of continuous monitoring of AML/CFT/CPF requirements by financial institutions, credit unions, non-bank money transmission service providers and registered representatives. The Securities Commission also established AML Analytical Units in 2019 to maintain ongoing vigilance regarding AML/CFT/CPF compliance of the securities licensees and registrants.

“The country’s coordination and cooperation arrangements as noted above, avoids silo-regulating, and ensures information sharing between the 13 agencies charged with implementation and maintenance of The Bahamas’ AML/CFT/CPF framework. The National Identified Risk Framework Coordinator and the IRF Steering Committee enjoys the full support of the government.”

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