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International Issues

Caribbean Financial Action Task Force

As a direct result of recent initiatives by the OECD on harmful tax competition, the Caribbean Financial Action Task Force has appointed a Working Group to address relevant issues. In addition to The Bahamas, the Working Group comprises representatives from Barbados, the British Virgin Islands, Cayman Islands, Jamaica, and Panama. Established in the early 1990s, the Caribbean Financial Action Task Force comprises 22 Caribbean Basin countries – all of which have agreed to common counter-measures addressing criminal money laundering. CFATF works closely with the Financial Action Task Force (FATF) established since 1989 by the Group of 7 in Paris. Its Secretariat is based in Trinidad & Tobago, although the chairmanship (currently the Cayman Islands) is rotated among member states. The CFATF Secretariat monitors self-assessment by member countries of the implementation of FATF and CFATF recommendations, and coordinates an ongoing programme of “mutual evaluation” by members. In 1996, it introduced a Money Laundering Typology Programme directed not only at domestic financial institutions but also including a) the casino and gaming industry b) offshore banks, financial intermediaries, IBCs and c) non-bank financial institutions. As part of its mandate, CFATF also coordinates and participates in training and technical assistance programmes for member countries. It works closely with international organisations such as the United Nations Drug Control Programme (UNDCP), OAS, CARICOM, Caribbean Customs Law Enforcement Council (CCLEC), the Centre Interministeriel de Formation Anti Drogue (CIFAD), Association of Caribbean Chiefs of Police (ACCP), and the Commonwealth Secretariat. The Bahamas has been an active member of the CFATF since 1996, and has signed its Memorandum of Understanding. It has participated in the mutual evaluation exercise for other member countries, and itself was successfully evaluated in 1998.

International Issues

Global Programme Against Money Laundering (GPML)

Now an integral part of the United Nations Office for Drug Control and Crime Prevention, the GPML works closely with the industry to define and upgrade standards for the proper regulation of offshore financial services. The Bahamas is a participant on a special focus group created by the GPML to shape a “code of conduct” for offshore business. A set of Principles has been drafted. It is anticipated that this will be presented for adoption by participating nations at a high-level Government meeting mid year 2000. The Bahamas Government is fully committed to the establishment of a Financial Intelligence Unit, first announced in 1999, with work now in the practical stages. The Central Bank of the Bahamas has an ongoing training programme in anti-money laundering techniques, introduced in 1996 to coincide with the passage of the Money Laundering (Proceeds of Crime) Act. In 1998, the Government created the Tracing and Asset Forfeiture Money Laundering Unit — a precursor to the FIU.

Legal

Vacation Plan and Time-Sharing Act 1999

The Bahamas Vacation Plan and Time-Sharing Act 1999 came into force earlier this year. The legislation provides for the creation, regulation, and management of time-sharing and vacation projects, and for the protection of purchasers of time-sharing and vacation plans. There are some 28 time-sharing projects with more than 900 time-share units and more than 48,000 unit weeks operating in The Bahamas. Thought to inject about $87 million annually into the economy, the industry employs about 1,000 persons.

E-Business & ICT

E-Commerce

Rapidly increasing technology will have a profound affect on all commercial activity, making it impossible to erect the traditional boundaries that have contributed to how commerce is conducted. Minister of Finance William Allen has referred to the world wide web as a boundary-less, unregulated, omnipresent medium challenging the present legal and commercial frameworks. One, he states, which will almost certainly result in significant legislative adjustments. The Government of The Bahamas is keen to embrace and expand e-commerce, and is actively investigating e-business as an extension of services in the Bahamian economy. Effective January 2000, development of electronic commerce has been added to the portfolio of the Minister of Finance and the Government predicts that e-commerce will join tourism and financial services as a third pillar of The Bahamas’ burgeoning services sector. In tandem with governmental efforts, the Bahamas Financial Services Board has appointed a special Working Group to prepare input on a policy framework for e-commerce development in The Bahamas, including key points to be included in e-commerce legislation.

Legal

Amendment to Money Laundering Act

Cited as a valuable tool in the fight against international crime, The Money Laundering (Proceeds of Crime) Amendment Act was passed in the House of Assembly during 1999. The amendment brings the Act in line with the tracing and forfeiture of proceeds of the Drug Trafficking Act (Section 21). It provides for the enforcement of external confiscation orders in The Bahamas, for recognised crimes of money laundering, with respect to agreements made with other countries. Minister of Foreign Affairs Janet Bostwick noted that the fight against drug trafficking must be “global in its scope” to ensure effectiveness. The Bahamas was the first offshore jurisdiction to introduce legislation making money laundering a criminal offence. The Money Laundering (Proceeds of Crime) Act and Money Laundering (Proceeds of Crime) Regulations were first passed in 1996.

Industry News

Bahamas Financial Services Guide

Coming in April 2000 The Bahamas Financial Services Guide: A definitive handbook on all financial and related services, this BFSB publication will be a complete reference guide of information, written and compiled by practitioners in the industry. It will provide industry companies the opportunity for promotion through a medium with broad international reach and appeal.

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