Tuesday, May 5, 2020

EU adding Mauritius to the Money-laundering blacklist.

This is awful for the country but was expected in the wake of FATF greylisting. You recall in my posting of March 1st (see below) titled "The FATF Greylisting: Implications and Future Actions" which was published in Le Mauricien on 09 March 2020 , I had warned the Authorities that a new EU list will be drawn in 2020 based on a revised methodology that goes beyond FATF criteria and that we should do our best to avoid a possible blacklisting of Mauritius by the EU at all costs as it would further undermine our image and reputation, seriously hamper the smooth running of business and trade and damage the growth prospects of our economy.

We had called on the Government to intensify efforts to correct deficiencies and fully strengthen the effectiveness of our regime to counter money laundering and the financing of terrorism. We had also called for a frank and open discussion of our money laundering weaknesses, the rallying of a national endeavour to keep our country safe from dirty money, and the need to beef up the relevant institutions with adequate skills and resources to reinforce their credibility and effectiveness.
But this Govt was more interested in discussing the semantics of greylisting, claiming success for not being on the FATF blacklist and distorting the truth about the negative consequences of FATF grey listing. 
This Government is guilty of grave irresponsibility and serious incompetence since 2015 in not ensuring that Mauritius conforms to the minimum standards on the effectiveness of its AML/CFT system. They have made things worse by having novices at the Ministry of Finance and at the Ministry of Financial Services. The latter are even worse than Seesungkur at his worst !!!!
Having the legislation in place is not enough , we have to ensure the effectiveness of the legal framework and institutions in delivering the desired outcomes.

Has Govt implemented a risk based comprehensive national AML/CFT strategy and proper risk based policies?

How many times has the National AML/CFT Committee met in the last 5 years? Or the last 2 years? 
What has the Government done to strengthen the regulatory capacity of the FSC, so that the country can protect its reputation from financial scandals like those related to Sobrino and Bastos, Mauritius leaks or Fishrot files? What is being done to improve the almost non existent supervision of the non financial sector, especially given the symbiotic relationship of this Government with the gambling industry?
Given that ICAC is not adequately meeting its objectives to investigate and prosecute money laundering offences, what are the new policies and measures taken, besides a review and overhaul of ICAC, to step up ML investigations and prosecutions? 
Mauritius was rated low on 3 outcomes of terrorist and proliferation financing, whether on investigations and prosecutions, preventive measures and targeted financial sanctions. The Esaamlag Report says that Terrorism financing is not investigated in Mauritius, that there is no implementing framework for UNSCRs, and a lack of monitoring of Non Profit Organisations. Can this government reassure the country and the population by spelling out the actions that Government has taken for a better control and oversight over the risks of terrorism and proliferation financing? 
Please note that in failing to ensure an effective AML/CFT system, Government has also undermined the fight against drug crime and trafficking.
Our dear Pravind will have to drop yet another word to our big brother Modi in case SEBI reviews its categorization once again in the light of the new EU blacklist. You do recall the rejoicing and the praises heaped upon our PM for having persuaded the Indian PM to secure us the FPI preferential category I foreign portfolio investor (FPI) license. 
Though effective by October, this comes at a bad time and it is a severe blow to our financial services sector and Govt will have to move fast to offset its negative impact on an already flailing economy. Let us keep our fingers crossed and hope that the EU does not go ahead with this move.