The Bahamian government is planning to extend the deadline for local financial
institutions to apply KYC procedures to existing clients from the end of this
year for twelve months. Minister of Financial Services and Investments, Allyson
Maynard Ginson says that the requirements are too onerous in many cases and
is planning amendments to the legislation to simplify them.
Introducing the amendment to the deadline this week, the Minister said that
the the government has received extensive and unanimous representation from
the industry to extend the deadline for the verification of existing customers
from 31st December 2002 to 31st December 2003.
'There are a number of other amendments that the industry is seeking and which
will in due course be brought forward,' said Ms Gibson. 'We expect to present
a comprehensive schedule of amendments in this regard within the early part
of the first quarter of next year.
'The amendment is urgent because section 6(6) provides that where a financial
institution has not verified an existing customer by 1st December 2002, the
account of that customer must be transferred to the Central Bank. Financial
Institution is widely defined to include banks, trust companies, mutual fund
administrators and operators, casinos, insurance companies, lawyers, real estate
brokers, cooperatives, financial and corporate service providers, car dealers
etc. Due to the onerous requirements to produce documentary evidence placed
on clients of financial institutions, the compliance level for existing clients
has been fairly low. Indeed, as at October 2002, only 229,001 accounts had been
verified of 538,861. That is approximately 57.5% of all accounts that would
have to be to the central bank. This does not include other unverified accounts
of others defined as financial institutions under the Act.
'The PLP Government when it came to office in May 2nd 2002, undertook to review
generally those aspects of the financial legislation compendium passed in December
2000, with the aim of clarifying, simplifying and rationalising those elements
which made the conduct of legitimate business unnecessarily complex, repetitious
and frustrating. By far the greatest single inhibitor of legitimate business
activity, both domestic and international, has been the rigid, overly prescriptive
requirements for KYC documentation under the Regulations made pursuant to the
FTRA.
'The obligations under these regulations require financial institutions to
obtain detailed documentation on their existing clients even though the money
laundering risk of such accounts or facilities may be negligible. This has resulted
in a significant expenditure of resources by financial institutions harassing
long-standing well-known clients for pieces of evidence. This exercise has been
applied to all facilities, even ones belonging to the young paperboy, grocery
packing boy and pensioners. Clearly the opportunity for money laundering by
these customers is virtually non-existent. Yet the same level of resources and
efforts of exertion are applied to these groups as are applied to those higher-risk
categories for money laundering.
'It is noteworthy that one of our international partners suggests that further
time should be given to banks to allow further compliance with the provisions
and that financial institutions should be encouraged to review their lists of
outstanding accounts using a risk based approach in order not to devote excessive
resources to small domestic accounts. Another partner suggests that the retrospective
due diligence requirement should be reviewed with a threshold instituted for
small accounts of pensioners who are well known to the bankers.
The Minister made it clear that the proposed amendments in no way weakened
the Bahamas' commitment to effective regulation:
'Very clearly, no serious financial centre and certainly not The Bahamas, whose
credentials are well established and whose vintage is almost 60 years, could
be taken seriously if it did not do as we have done i.e. make clear its condemnation
of money laundering, terrorist financing or any other use of its system of launder
proceeds of nefarious trade. These illicit activities undermine the foundation
of the country's financial system and the world's banking system.
We do not support drug trafficking.
We do not support money laundering.
We do not support terrorist financing.
'At the end of October, the IMF mission conducted a module II assessment of
our financial services sector, with particular emphasis on our anti-money laundering
and combating terrorist financing regime. Again this exercise which involved,
like the CFATF mutual evaluation, private and public sector participation, also
focussed heavily on areas for rationalising what has come to be regarded in
some quarters as a cumbersome framework. This observation is especially true
of the KYC requirements for verification of existing accounts.
Ms Gibson's speech to Parliament also highlighted the importance of the banking
sector to the Bahamas:
'An analysis of our Central Bank statistics for the year 2000 there were then
over 4,000 Bahamians working in the banking industry, averaging a salary of
over $62,000 per year (this includes the salaries of expatriates working in
The Bahamas). The wage levels of this group of Bahamians is nearly 4 times the
GDP per capita and a quick analysis tells us that this leads directly to 11,000
jobs. Also, it affects another 14,000 dependents, using the national average
for dependents. Therefore, nearly 30,000 persons are affected by this class
of persons; who altogether constitute a significant portion of the Bahamian
middle class. Over the last 5 years the banking sector produced $100,000,000
in government fees.'