WELCOME REMARKS
BY
THE HONOURABLE RHONDALLE BRAITHWAITE-KNOWLES OBE,
ATTORNEY GENERAL OF THE TURKS AND CAICOS ISLANDS
MADE AT
CARIBBEAN FINANCIAL ACTION TASK FORCE XLIV PLENARY
TROPICANA PLAZA
THE BIGHT
PROVIDENCIALES
TURKS AND CAICOS ISLANDS
7^TH – 10^TH NOVEMBER 2016

It is an honour and privilege to welcome you— our CFATF family and specially invited guests assembled here this morning—for the opening of this 24^th Caribbean Financial Action Task Force (CFATF) Plenary being convened in Providenciales, Turks and Caicos Islands.

The attendance of nearly 180 delegates demonstrates the strong collective commitment of our governments, as well as regional and international organisations to further our regional efforts to combat money laundering and the financing of terrorism and weapons proliferation in our financial systems.  It also recognizes the importance of regional participation and engagement at the start of this fourth round of mutual evaluations against the FATF internationally recognized standards.  The fourth round emphasizes a risk based approach to achieve effectiveness through our respective legislative and administrative frameworks. 

To be effective, legislative and administrative frameworks need to be supported by targeted awareness raising on the nature of money laundering and its harmful effects, appropriate training of regulators and practitioners and the appropriate application of counter measures. 

To achieve the best results in demonstrating the sufficiency of our regional legislative and administrative frameworks, the full commitment and participation of regional governments is critically needed in specific areas such as active involvement in our mutual evaluation programme through the provision of trained assessors, the use of those trained assessors to comment on draft reports before they are finalised, to offer those trained assessors as reviewers, to use the expertise gained by those trained assessors to contribute to more vibrant and informed discussions at the Working Group and Plenaries; to provide active engagement in the work of the oversight bodies of our organization in the Steering Group and the Human Resources Committee, the Budget and Audit Committee and the Planning Committee; and equally as important, to make our financial contributions and offer secondments to support the work of our CFATF Secretariat and enrich expertise within our individual jurisdictions.

It is important at this juncture to recognize and thank our members and the Group of Cooperating and Supporting Nations and Observer organizations who have for many years shown true dedication and true commitment through active participation in the regional fight to protect our financial systems by providing tangible technical and financial support for CFATF initiatives.  In particular, the professionalism, dedication and patience of our Secretariat must be recognized with sincere appreciation for the key role they play in assisting our members and our region to be compliant with the FATF recommendations.

We have tremendously benefited over the last year from the energetic and determined leadership of Chairman Al Rawi on behalf of Trinidad and Tobago who has generously given of his time, and secured and delivered financial and human resources from that jurisdiction to our benefit.  Chairman Al Rawi has further committed and already began to demonstrate a continued high level of support during the upcoming year in his role as the immediate former Chair.

Our organization continues to undertake internal reviews and seek improvements in our policies to ensure that we maintain our focus on our core responsibilities and effectiveness.  Challenging issues and important policy initiatives related to the technical aspects of our work and to good governance must be resolved and finalised and will require bravery, patience, leadership and above all cooperation.

Friends and Colleagues, we have come together, as key regional and international stakeholders not only to assess compliance with the internationally recognized standards, but to seek solutions for the broad spectrum of issues impacting the viability of our regional financial systems -  such as the risks associated with the loss of correspondent banking relationships, even after the tremendous legislative and financial commitments made by the political directorate in our governments during the third round.  This potentially destabilizing issue demands collaboration amongst public and private sector colleagues.

There remains a lot for us to do together to protect our financial systems against criminal activities.  The Turks and Caicos Islands counts it a privilege to be at the heart of these regional efforts and welcomes the opportunity to work with the Hon. Attorney General and colleagues from Guyana as the incoming Deputy Chair to tackle these issues on behalf of our region.

Friends and Colleagues, it is against that backdrop that I welcome you to the Turks and Caicos Islands and to this 24^th CFATF Plenary as Trinidad and Tobago hands over the mantle of leadership to the Turks and Caicos Islands.

It is our hope that, in addition to participating in official Plenary and working group duties, you have also had an opportunity to experience the warm hospitality of the Turks and Caicos Islands people and to be exposed to and enjoy some of our award winning ‘Beautiful By Nature’ environment.

Thank you and once again welcome to The Turks and Caicos Islands.

WELCOME REMARKS
BY
THE HONOURABLE RHONDALEE BRAITHWAITE-KNOWLES OBE,
ATTORNEY GENERAL OF THE TURKS AND CAICOS ISLANDS

MADE AT

OVERSEAS TERRITORIES ATTORNEYS GENERAL CONFERENCE

BLUE HAVEN RESORT,
LEEWARD,
PROVIDENCIALES,
TURKS AND CAICOS ISLANDS
21^ST – 23^RD SEPTEMBER 2016

This is a very special week for the Turks and Caicos Islands. Following efforts over two years, we now have the valuable opportunity and the privilege of hosting the UK Solicitor General, Attorneys General and Law Officers on behalf of 12 Overseas Territories and Crown Dependencies including Bermuda, British Antarctic Territories and the British Indian Ocean Territories, British Virgin Islands, Cayman Islands, Falkland Islands & South Georgia and South Sandwich Islands, Montserrat, Pitcairn, St Helena, Guernsey, Jersey and the Sovereign Base Areas.  We also welcome colleagues from the UK Attorney General’s Office and Foreign and Commonwealth Office and law officers from the United States Department of Justice and Justice Canada who have consistently maintained their commitment to attend and contribute to this conference over many years.  This is an international conference aimed at promoting cooperation, good governance and respect for the rule of law.

We are particularly pleased to welcome the visit to the Turks and Caicos Islands for the first time of Robert Buckland QC MP, as Solicitor General of the United Kingdom who will chair the sessions and was very keen on holding this conference in the Turks and Caicos Islands as a demonstration of the UK Government’s strong commitment to these islands as a democratic, self-governing overseas territory and to applaud the ongoing efforts in the islands to promote transparency, accountability and respect for the rule of law.  During his visit the Solicitor General has chosen to call on and hear from some of the key leaders and thinkers on some of the most important issues facing the Turks and Caicos Islands’ administration of justice including His Excellency the Governor, Hon. Premier, Her Ladyship the Chief Justice, Hon. Leader of the Opposition and representatives from the Bar Council. 

This is the 25^th annual conference and the second time it has been hosted by the Turks and Caicos Islands. This year’s conference will also see discussions surrounding anti-corruption, human rights and child safeguarding, good governance, mental health and recruitment challenges as well as updates on commitments made by Heads of Government at last year’s Joint Ministerial Council with regard to environmental protection, extradition, anti-bribery, tax transparency and beneficial ownership.

Across our territories we continue to face daunting challenges as we struggle for sustainable economic growth and purposeful social development. There is still the reality of continuing growth, of incompletion, of a continuing reach for an economic, social, cultural and a fully developed conclusion by global standards but as we know, a well-functioning, respected system of justice is the wellspring of a strong, and free, and democratic society.  In our respective roles, we must strive every day to improve the administration of justice across all of our territories until our respective administrations fully possess these qualities and fully command the public trust. We must ensure that justice is timely and accessible, and, above all else, transparent. It remains my experience that it is easier to set goals than to attain them and although we have achieved much, there is still much work to do here in the Turks and Caicos Islands. But I am convinced that by working together we possess the skills and drive to achieve even our highest aspirations.

This is the context in which this Overseas Territories Attorneys General Conference has been organized and as hosting Attorney General, I urge us all to renew our commitment to the rule of law, transparency, accountability and due process so that we will fulfill our obligations to the those who reside within our borders to deliver a system of justice that is open, accessible, efficient, and fair.

I am grateful to my fellow Attorneys General and Law Officers for your participation in this conference, as clearly, cooperation, collaboration and information sharing are key to the success of much of the very important legal efforts undertaken by all of the stakeholders represented in this room and this conference presents a valuable and rare opportunity to meet in closed sessions to discuss better ways to tackle the very important issues confronting each of our jurisdictions.

Finally, please join me in thanking the Turks and Caicos Islands’ logistics committee including Protocol, Police, Customs, Immigration and the Governor’s Office, led by Ms. Tanisha Williams from my Chambers for assisting in the organization of this Conference and doing such a superb job so far at making everyone feel welcomed and looked after.  On behalf of the organizing committee, we wish you a pleasant stay on our shores and please do let us know if you need anything and we will do our best to assist you.

Thank you to our specially invited guests for coming to this morning’s opening ceremony in support of this initiative and once again, welcome to all of our Attorneys General and Law Officers to the Turks and Caicos Islands and I anticipate your constructive contributions during the sessions this week.

Thank you for coming.

May it please you my Lady Chief Justice, my Lady Justice Joan Joyner, my Lord Justice Schuster.

I rise at your invitation to move the motion for the opening of the Supreme Court of the Turks and Caicos Islands for the Year 2016.

May I note that since last year’s ceremony, His Lordship Justice Schuster has joined the Supreme Court Bench and the Honourable Magistrate Ms. Kamar Anderson who joined the Magistrates bench on Grand Turk.  We are delighted to welcome them as permanent additions to our Courts. We wish for each of them an enjoyable tenure.  

May I bid farewell to the Honourable Mr. Clifton Warner who departed at the end of 2015. On behalf of the AG’s Chambers, the office of the DPP, the Bar and indeed the Government, I wish to thank him for his many years of dedicated service and wish him well in his future endeavours.

With your leave my Lady I would also like to take this opportunity to remember the passing of an active member of the public Bar Ms. Samantha Williams Glinton who passed away during the course of 2015. 

May I also note the presence of Honourable Resident Magistrate Mr. Hatmin, distinguished guests, the Director of Public Prosecutions, President of the Bar Council as represented by Mr. Jonathan Kattan and Colleagues at the Bar.

I am very pleased to rise to move a motion for the opening of the Supreme Court for the year 2016 following my Lady’s revival of this practice last year. 

With my Lady’s leave I propose in moving the motion, to make a few observations on 2015 as well as a look at some of the work before us for 2016. 

My Lady, in 2015 stakeholders in the legal arena continued the good work and co-operation began in earlier years on a number of key areas designed to foster greater systemic improvements.

My Lady, with your permission, I wish to acknowledge the presence of and thank my Team at the Attorney General’s Chambers, led by Ms. Khalila Astwood and Ms. Desiree Downes for their tireless hard work, dedication and patriotic service to our people.  My Lady, I am pleased to say that 2015 saw the additional legislative drafter in the person of Ms Priscilla Pacquette.  

In the first quarter of 2015, work was completed on the December 2014 Law Revision enabling the Revised Laws to be issued at the beginning of the second quarter of 2015.  Additionally, and for the first time in the history of these Islands the Revised Laws of the Islands are now available online on the Attorney General’s Chambers page on the Government’s website.

My Lady, I am pleased to report that the Legislative Drafting division of my Chambers had another very active year and with the cooperation and involvement of members of the legal profession, associations and the general public a number of important pieces of legislation were progressed.

I am happy to report that a number of significant pieces of legislation were enacted during the 2015legislative calendar to meet the demands of the Government's Legislative Agenda. Of note:

1. Immigration law reform by virtue of a new Immigration Ordinance, new Turks and Caicos Islander Status Ordinance.
2. Small Medium Enterprise Ordinance to encourage local business.
3. An Attorney General's Reference Ordinance to enable questions to be referred to the Court of Appeal
4. New Anti-Domestic Violence Ordinance
5. New Family Guardianship Custody and Access to Children provisions
6. New provision for Child Care and Adoption

In the year ahead work will continue on:

1. Amendments to the Elections Ordinance
2. Amendments to the Political Activities Ordinance
3. New Domestic Insurance provisions
4. New Trust provisions
5. New Trust Companies (Licensing and Supervision) provisions
6. New Prevention of Trafficking in Persons provisions

All of which are completed and expected to be debated in the House during this first quarter, and work will continue on other areas of reform, including drafts seeking to introduce:

7. New Limitation of Actions provisions
8. New Companies provisions
9. New Insolvency provisions
10. New criminal law and procedures reforms
11. New Legal Profession provisions
12. New Anti-Bribery provisions
13. More elaborate provision to provide for the Maintenance of Children 
14. New provisions relating to Child and Juvenile Justice

As for international obligations, during 2015 the Turks and Caicos Islands continued work on the National Risk Assessment of our financial services industry using the World Bank tool, which is a self-assessment ahead of the next round of peer assessments by the Caribbean Financial Action Task Force expected in 2017. I wish to personally thank the members of the Bar and the private sector generally for their participation and ongoing commitment and encourage them to assist in the completion of this work by the middle of this year.  For the first time, the Turks and Caicos Islands through the Attorney General, has been elected as the Deputy Chair of the Caribbean Financial Action Task Force and will assume the Chair of that FATF Style regional Body in November 2016 which includes hosting a regional Plenary.  The Turks and Caicos Islands was also selected by Overseas Territories Attorneys General as the venue for the next meeting of that group later this year.  

My Lady, it is fitting to take this opportunity to publicly recognize and applaud the continuing hard work and dedication of My Lady Chief Justice and the entire judiciary and judicial administration.  On behalf of the Executive and in turn all those persons who live here in the Turks and Caicos Islands who stand under the protection of the Courts, I thank you my Lady Chief Justice and other judicial colleagues for your dedication in patiently ascertaining the often times unclear facts in matters before you; your intellect in developing the law; and your humble approach in the exercise of your judicial discretion.

The judiciary plays an important role in interpreting the law and that the other branches of government should show due respect and understanding of that role is trite but worth reciting.  The importance of that role to the continuity of the systems in our society must be respected by the other branches. 

Respect for the rule of law demands the fair and impartial enforcement of the law. The enforcement of the law without fear or favour is the cornerstone of the rule of law. An effective criminal justice system is a key pillar of the rule of law, as it constitutes the mechanism to redress serious grievances and bring action against individuals for offences against society.  Many of the matters coming before the courts in 2015 demonstrated that no one is above the law. High profile prosecutions brought against former Ministers of Government and senior public officials is evidence of this fact within the Turks and Caicos Islands and whatever the outcomes of such matters, respect for the judicial process is paramount. Like everyone else within our borders, persons in public life must exercise our powers within the constraints of the law, and act in furtherance of the public good. If we do otherwise, we will be held accountable through the law.  Our law enforcement agencies such as the Royal Turks and Caicos Police Force, the Integrity Commission, the Financial Intelligence Agency, prosecuting authorities in the Office of the Director of Public Prosecutions and Her Majesty’s Prison all play an enormous role in the growth and development ongoing in our Islands.

My Lady Chief Justice, I continue to be humbled by the responsibilities of the Attorney General. I am challenged and excited by the myriad of interesting and sometimes surprising issues that arise at work every day. I pledge my support and that of my Team at the Attorney General’s Chambers to continued and enthusiastic support for the judicial system and the rule of law in service of the people of the Turks and Caicos Islands. May the Almighty God abundantly bless our collective pursuits in 2016 and always.

My Lady Chief Justice, I wish you, my Lady Justice Joyner and my Lord Justice Schuster, the Honourable Magistrates Mr. Hatmin and Mrs. Anderson, the Senior Deputy Registrar Mrs. Hatmin and other Court Staff, and all here present, a prosperous and productive New Year. 

I now formally move the motion for the opening of the Turks and Caicos Islands Supreme Court for the year 2016. May it so please you my Lady.

Rhondalee Braithwaite-Knowles, OBE

Hon. Attorney General

11^th January 2016