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Island sets Caribbean an example in fight against money laundering

Bermuda is pushing ahead with its training in anti-money laundering techniques.This week it has been the turn of the Island's judges, magistrates, prosecutors and police.

Bermuda is pushing ahead with its training in anti-money laundering techniques.

This week it has been the turn of the Island's judges, magistrates, prosecutors and police.

FitzRoy Drayton, legal and judicial adviser of the Caribbean Anti-Money Laundering Programme -- CALP, has been holding workshops this week for the officers, assisted by Andrew Mitchell QC.

Judges and magistrates had an afternoon session on Wednesday and prosecutors and the police had a two-day session on Friday and Saturday.

The workshops will cover money laundering counter measures including: prosecution of money laundering cases; confiscation of assets as a result of prosecution; freezing of assets; appointment of receivers to realise assets; constitutional and human rights issues with regard to deprivation of assets.

The visit has been made at the invitation of Bermuda's anti money laundering committee.

Mr. Drayton explained: "CALP is a response to two meetings held in Barbados, in 1996 and 1997, between the heads of state of the Caribbean countries and European heads of state and ex president Bill Clinton. They discussed security issues affecting the Caribbean countries, particularly the problems associated with drug trafficking.

"At that time it was estimated that 310 metric tons of cocaine were going through the Caribbean to the US and Europe. So main issues under discussion included how to stop it and marine co-operation.

"It was also estimated that around $50 billion was being laundered through the Caribbean, out of a total of $600 billion worldwide. So of principal concern for the Caribbean countries was the issue of money laundering and its effect on their national security.'' CALP's training programmes evolved from these meetings and began in 1999, covering 21 countries.

The initiative, running over five years, is funded approximately 60 percent by the European Union and 40 percent by the US State Department, with a contribution from the UK Foreign office.

There are three sub-programmes. One is the legal/judicial programme which Mr.

Drayton is part of.

That reviews legislation, assists with drafting, offers assistance for on going cases and arranges awareness raising and training seminars for judges, magistrates and prosecutors. This is the first set of these sessions to be held in Bermuda.

Another sub-programme is the training of police and customs officers. Bermuda is already well advanced in this with some sessions held here and some officers going away for training.

A third sub-programme is directed at the financial sectors of countries and examines regulation and supervision. This is what Manuel Vasquez, financial sector advisor with CALP, was doing in Bermuda at the end of March. He was invited here by the Association of Bermuda Compliance Officers to help set up training programmes for the island's compliance officers.

Mr. Drayton said, "What we hope to achieve in our time here is that people will gain a working understanding of what is available to assist them. We will be available to follow up if anyone wants any particular help and if necessary we could come back.

"So far we have done about ten countries, all in the Caribbean, but they are not as well developed as Bermuda. Bermuda's legislation is very good and it has a Financial Investigation Unit. So in some of these countries we are helping them to reach the stage Bermuda has achieved.'' With the judiciary they will be examining the dual roles of criminal and civil proceedings on some cases.

Mr. Mitchell said: "The Bermuda constitution allows for the forfeiture of property in cases of breaches of the law.'' He feels that in all the smaller offshore countries there is a major problem with abuse of corporate entities. Some of this arises because tax evasion is not illegal in the jurisdiction, therefore many corporate and trust service providers are comfortable with doing work for tax evaders from other countries.

"But if tax evasion is not illegal in the jurisdiction where you work, you must satisfy yourself that the work actually relates to tax evasion and is not, in fact, money laundering. Extra due diligence is necessary because you already know you are dealing with someone who is willing to break the law in their own country by evading tax.''