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

 

 PRESENTATION ADDRESS
by
HON. RHONDALEE BRAITHWAITE KNOWLES
ATTORNEY GENERAL OF THE TURKS AND CAICOS ISLANDS
TO THE GRADUATES
EUGENE DUPUCH LAW SCHOOL
NASSAU, THE BAHAMAS
SATURDAY 19TH SEPTEMBER, 2015

 

PROTOCOL

1) Her Excellency, Dame Marguerite Pindling, Governor-General of the Commonwealth of the Bahamas

2) The Honourable Mr. Justice Stephen Isaacs, Acting Chief Justice

3) Senator, the Honourable Allyson Maynard-Gibson QC, Attorney General of the Commonwealth of the Bahamas

4) Senator, the Honourable Sharon Wilson, President of the Senate

5) Justices of the Court of Appeal and spouses

5) Justices of the Supreme Court and spouses

6) Ms. Jacqueline Samuels-Brown, QC, Chairperson of the Council of Legal Education

7) Mrs. Tonya Bastian Galanis, principal of the Eugene Dupuch Law School, Mrs. …, principal of the Norman Manley Law School and Mrs. Miriam Samaru, principal of the Hugh Wooding Law School

8) Mr. Ellison Greenslade, Commissioner of the Royal Bahamas Police Force

9) Madam Permanent Secretary, Director of Legal Affairs and other senior Government Officials

11) Faculty and Staff of the Eugene Dupuch Law School

10) Graduating Class of 2015

11) Distinguished guests 

12) Ladies and gentlemen

 

INTRODUCTION

As a member of the first class of graduates from this venerable institution, it is a great honour to have been invited to speak to you on the occasion of the presentation of this fifteenth batch of graduates and I thank Mrs. Tonya Bastian Galanis and her staff for this honour.  That first class of graduates comprised only 10 persons and I was the only non-Bahamian in the bunch.  Some may say that I have sought to rectify that matter by marrying a Bahamian.  To see a class of some 33 from the two year programme and 3 from the six-month programme is very encouraging.

All these years later, there remains the sting, of one Mr. Keith Bell, outpacing Timothy Eneas and me by one point and capturing the top spot.  I learned from that the valuable lesson of knowing the importance of a single point and consistency in small choices.  I recall also the anticipation in the atmosphere at our presentation ceremony at Government House that we were going to stamp our marks in our individual callings.  I see now that we have two senators in the persons of Senators the Honourable Keith Bell and Tanisha Tynes and we boast of being partners in established law firms, in the person of Timothy Eneas, as an example, as well as the first local, first female and youngest Attorney General of the Turks and Caicos Islands to name just a few accomplishments of that first class.   When I arrived in the Bahamas, those many years ago, the school had no name, no offices and no library and only a small cadre of staff.  I arrived in the Bahamas, as instructed by the Counsel of Legal Education, with a letter of acceptance from the Norman Manley Law School and at the airport the Immigration Officers hadn't heard about a law school starting in Nassau asked me if I was sure that I was in the right country.  We all understood then the full meaning of the expression “being treated like a guinea pig”.  But we made it through and there is a sense of pride in having been a part of the history of this institution from its very start.

Yet so many years later, Graduates, when I contemplated this opportunity to speak into your lives, I wanted to speak to you about something that was relevant to your lives at this point in time; words which you could usefully recall from time to time as you journey through your legal careers. Ideals that could help to shape the choices you would make so that you would become good attorneys and better people.  I’m sure that you would have by now heard so many graduation speeches containing good measures of warnings, exhortations, affirmations and countless words of wisdom thrown in with care and deliberation so much so that you could possibly predict every word that I could say.

So I started to ponder the purpose of graduation speeches and graduation ceremonies themselves.   Why are we here today in this beautiful setting and why should there be a presentation address at all?  Well the reason must be that you have accomplished something worth celebrating.  This is a tremendous accomplishment and you should feel proud and motivated to even higher heights.  You have achieved a goal and there should be a marker placed along your life’s journey to commemorate this accomplishment.  It is important because it is an accomplishment the effect of which resonates not only in your lives as individuals but in the lives of your families and the wider community.

Indeed the motto of the Eugene Dupuch law school is "Excellence in Legal Education and Commitment to Social Service".

With these thoughts in mind I decided to speak to you today about ideals that have deep meaning in my own life; the importance of setting goals and accomplishing them and being good citizens.  Of course there are very important personal reasons for having goals but there is a greater higher importance. That is, collectively we as members of our regional society and in particular as members of the legal fraternity which you are about to join, are responsible for the growth and development of it.  

Whatever your particular circumstances and how you have come to be here tonight, you have a responsibility to contribute something for your presence here and graduates your earlier decision to enter upon a course of study in legal education, to learn and to study hard and ultimately to pass so that you would be certified today, are indications that you are aware of your responsibilities.

An occasion such as this is a wonderful way for you to recognize and celebrate the choices, and sometimes the sacrifices you have made.  I must congratulate you on your accomplishment today and to your parents, family members and in some cases spouses for striving over many years to achieve this accomplishment, sometimes at great sacrifice.  You all share in the accomplishments of these graduates.

CONTEXT

Graduates, you and I are products of a real struggle for economic growth and social development here in the context of our regional community which is still referred to as the third world or the developing world.  There is still the reality of continuing growth, of incompletion, of a continuing reach for an economic, social, cultural and fully developed conclusion by global standards even as Sister States and territories in OUR Caribbean community, through organisations like Caricom, the Caribbean Financial Action Task Force and others, strive for greater integration and urgent cooperation, not only in this region but around the world.  Each nation on its own is struggling to survive the debilitating forces of comity, of poverty and of social and economic divisiveness, in that struggle each country stands in urgent need of the input, the talent and the specifically disciplined capabilities of each of its citizens.  Its qualified sector who are trained to understand and to tackle and to conquer the challenges of this century.  This is particularly true of the qualified sector and specifically attorneys, who are unrivaled among the professions for our ability to influence our society’s future.  This reality means that you and I play central roles in achieving sustainable development in our beloved region.

I note with interest that this class introduces to our society 36 citizens newly qualified to be attorneys at law.  The impact of a group of this size cannot be denied.  But what impact do you intend to have on our society by virtue of your citizenship?

Graduates, our society needs you to be good citizens.  You may feel that you are already a good citizen simply by choosing to join the legal profession but there is more required of you.

It can be said that there are four core attributes of a good citizen: education, leadership, community service, and character. The most important thing to remember is that each of these characteristics is the sum of many individual decisions. They embody a positive attitude backed by purpose. The only way to achieve your purpose is to take small actions every day. In the end, they all add up. 

Those individual decisions, those small actions every day, is where your focus should always be — doing your best in every small or big job that you are entrusted to do. Whether you are an associate in a private firm, a crown counsel in the public sector, a sole practitioner, the Senior Crown counsel, the partner, the Attorney General or anything else. 

Nothing else matters but completing the tasks entrusted to you in that role, and doing it well. Every day. Even when it’s hard. Even when it feels like drudgery. Even when it’s boring. Even when the work appears to be small and unimportant and beneath your professional qualifications and experience and God-given talent. It means being the one who can be counted on to get the job done, even when no one is looking or keeping score and there does not appear to be an immediate reward.

If you do that, not only the next task entrusted to you, but your entire career, will take care of itself.  My hope for you is that you will cultivate this attitude backed by purpose as a core goal in your own life as you consider what role you play in the development of our society.

Education, leadership, community service, and character

EDUCATION

Education is much more than just getting straight As or collecting degrees. It is a life-long love of learning. As you know, to accomplish anything you need to work hard, be determined and show dedication in order to realize a brighter future.  In the end it is a sum of small choices. Each time you decide you WANT to learn something; the experience will be so rewarding that the next time it becomes easier.

Soon learning becomes a habit. At that point, your desire to learn about the world around you makes accomplishing educational goals easier. Suddenly the world around you becomes much richer and full of learning opportunities.  Your education continues throughout your life and will never end.

And so as I speak to you today I applaud you for not taking for granted the opportunity supplied by the Government of the Commonwealth of the Bahamas and the Council of Legal Education to study at relatively little or no personal expense. I implore you not to leave here and demand that you immediately become the boss or get the top position, as if through inheritance but to further invest in the development of your future potential by being employed in positions in the public or private sector which allow for an enviable depth of exposure and opportunity to put to use and develop your legal skills which will enable you to participate in a substantial way in the sustainable development of our society. I am a product of such investment and I can testify to the success of this approach.

Too often we hear stories of persons who squander the educational, professional and economic opportunities before them foolishly thinking that family, social or political ties will be able to see them through.  There is something to be said for delayed gratification and the realisation of a hard fought goal.

The ability to succeed at a goal exists in every human being either in a state of activity or passivity.  It is said that the state of passivity exists in those who have not yet realised that they have the ability to attain the goals of which they dream.  The state of activity on the other hand exists in those who have realised their potential and are in the process of achieving their goals.  Trite though it may sound the key to success is comprehensively summarised in the words aspiration, inspiration and perspiration.  

Aspiration in this context refers to the dream or goal a person sets – this is the mental map of where you would like to go in life – it provides the intangible core which compels one to success.  

Inspiration on the other hand is the will to succeed.  It may arise from God or from a desire to be better or make a difference.  

Perspiration is the essential and practical ingredient which enables one to achieve his or her core goals.  

I submit to you graduates that you are examples of success – you aspired to achieve the legal education certificate you have been presented today, inspired by God and your loved ones and you have worked hard to achieve this goal and that is why you are sitting here today.

LEADERSHIP

Leadership is not about being elected or appointed to a position. A position will not teach you how to be a leader. Leadership is an attitude cultivated over time.

Are you one to stand up for what you believe in and 'face the music' even when that music happens to be unpleasant or unpopular? Do you have a purpose and follow that purpose to get the ends you desire? Do you have a vision? These are all questions that true leaders answer in the affirmative. 

But how do you become a leader?

As an attorney you will have many opportunities to exhibit true leadership and to choose to stand up for what you know and what you have been taught to be the right thing.  You will need to show true determination and dedication to be a leader and not to simply settle for being a follower.

To paraphrase the words of the current US Attorney for the Southern District of New York, Pretinder Bharara, at a similar exercise at Columbia University school of law recently, -- "Be not just a good lawyer, but a good person and find opportunities to be good to other people".  In fairly short order, you will be perched at the very pinnacles of power, counseling some of the most influential people in [our region and perhaps] the world — people with the power to [affect the course of our destiny, people with the power to pass laws and direct our economies]. “Some of you may even assume positions that give you that kind of power directly."

"And when you get there, you will have a choice: you can choose to be either a leader or a lemming.

A leader is a person of courage and action, with integrity and an independent mind.

A lemming is a small and unattractive rodent that will follow other unattractive rodents off a cliff. Choose to be the former.

Always remember that, as a lawyer, you are not an ordinary professional."

Each small decision you make takes you one step closer. Remember the goal is not to get power, but to get your vision and your purpose across. Leaders without visions are like going somewhere strange without any directions: you are going to wind up somewhere; it just might not be in the best part of town.

COMMUNITY SERVICE

In each generation before you the best and the brightest among us have been required to step forward and to make a difference, to fill that community’s order for qualified doctors, teachers, hotel managers, nurses, artists, entrepreneurs and simply intelligent people who are committed to play the role of a good citizen and to play that role with effect and conviction.  Unfortunately each time that national and community call came there were far too many of those considered the best and the brightest who could not rise to the occasion who could not meet the challenge even though they possessed the necessary education and skills they failed to rise to the occasion.  In that failing they did not only short-change our community, their friends and families which needed them but they cheated themselves of the wonderful opportunity to serve their friends and family and our community with distinction.

Many see community service as a means to an end. Some might see it as a way to get service points while socializing, while others may view it as a burden. But is that true community service?

Once again true community service is an attitude. Are you doing it for the right reasons?  It is not easy to serve people who are different from you or who do not run in your social circles or who look at the world very differently from you.

What I'm talking about is that in the end, when it is all done, and you are once again well-rested, you can look back and realize that you did something worthwhile. That you helped your community in some way. That there is great value in working to make your community better just because you live and work here.  

Indeed, as I Peter 4:10 says, “As every man hath received the gift, even so minister the same one to another, as good stewards of the manifold grace of God.”

CHARACTER

Finally, character.

If there is any one thing that is evidenced by your daily choices it is your character.  Character is taking tough decisions and sometimes standing alone.  Jesus Christ stood alone and was very unpopular among his peers so that they eventually killed him but he knew what he was sent to do and he showed true character by standing his ground and doing what he knew was best and that in the end the world would know; Graduates, it is my experience that through prayer, Jesus can help you to have that same strength of character.

I truly believe what Thomas Macaulay said, "The measure of a man's real character is what he would do if he knew he would never be found out."

What do you do when no one's around? When entrusted with a task, do you do it to the best of your ability or do you simply pay lip service to the ideals of “excellence” and “commitment”.  There may not be a chance of being caught!

What do you do when you are the only person who knows that a payment has been made by a client?  Do you take it and thank God for his blessings because he knew that you really needed that money.

The answer to this question is the key to your true character.  For while being honest and honourable when others are watching is important, being true to yourself is the most important thing of all.  

Remember that God is always watching.

And in the end, these private day-to-day decisions will eventually reveal your true character to the world. 

PAUSE

All in all, is it worth it to make tough choices?  Yes.

While it would be easier to slide through life without a purpose, without a code, it would not be a happy life and it would not serve our community. Only by setting difficult goals and achieving them can we find true self-worth and be good citizens.

For one thing you can make certain that you have in addition to your education the right mindset for service. For another thing you can make certain that you cultivate a will to win; that you set for yourselves a particular personal lofty goal that no matter what happens along the way no matter what distraction that you will never, never deviate from this goal.

One final thing, each person's goals are different, and what comes easy to one may be difficult for another. Sitting beside you are 35 other future attorneys but not all will find the same path or make their contribution in the same way.  Some will practice law and others will utilize their legal skills in other fields. Let me assure you that our society needs each one of you to be successful in your chosen field and all are valuable to our growth and development.  Therefore, do not trample on others' dreams, our society will need all of you. A surefire way of knowing that you aren't working towards fulfilling your own goals is being busy tearing down someone else’s dream.

Look around you in this forum amongst all your friends, colleagues and family and tell me what you see today and tell me if you will not find there a myriad of excellence and achievements then find your own goal for excellence and commit yourself to conquering it with all your might.

CONCLUSION

In conclusion, graduates, I wish to once again, bring to your attention the motto of what is now your alma mater which states “Excellence in Legal Education and Commitment to Social Service”.  Excellence and Commitment are key terms in that motto and I encourage you to allow these key words to ring true in your professional lives on a daily basis.  May they be your guiding principles to be applied to all of your choices whether big or small.

I congratulate you on your accomplishments over the course of these two years or six months as a group and individually. This day marks a transition, a gradual change and an elevation but it also reminds you of your increasing responsibility to each other, to your country and to our beloved region.  I encourage you to look around you and study the faces of your colleagues and think about your own goals.  You hold our future in your hands and this Commonwealth of the Bahamas, the Virgin Islands and indeed our entire region, need you to be good citizens. 

Enjoy yourselves tonight, and remember “Destiny is not a matter of chance; it is a matter of choice. It is not a thing to be waited for; it is a thing to be achieved.”  

Choose your destiny and together we will achieve a bright future!

Graduates, Ladies and Gentlemen thank you for your attention.

 

WELCOME REMARKS

BY

THE HONOURABLE RHONDALEE BRAITHWAITE-KNOWLES OBE,

ATTORNEY GENERAL OF THE TURKS AND CAICOS ISLANDS

MADE AT

CFATF 10^TH COMPLIANCE CONFERENCE

THE REGENT PALMS TURKS AND CAICOS,

GRACE BAY, PROVIDENCIALES,

TURKS AND CAICOS ISLANDS

23^RD – 24^TH MARCH 2015

I welcome and thank persons from across the Caribbean region and here at home, including the Hon. Garvin Nicholas, newly appointed Attorney General of the Republic of Trinidad and Tobago for taking time from their very busy schedules to join this conference to discuss compliance with the FATF standard as we have commenced the 4th round of mutual evaluations with Trinidad and Tobago heading the list. This 10^th Compliance Conference is one of the many regional efforts underway to achieve the call of the former Chair of the CFATF, the Attorney General of the Bahamas Senator Allyson Maynard Gibson for all CFATF members to emerge at least 75% compliant from this 4^th round of mutual evaluation.

This 10^th Compliance Conference is being held here on Providenciales whilst at the same time that the Budget session begins in the House of Assembly on Grand Turk and unfortunately, along with the Premier and other Cabinet colleagues, those activities demand attention.  But the Government’s commitment to these important initiatives remains unwavering.

I wish to thank the Caribbean Financial Action Task Force and the newly established Financial Intelligence Agency of the Turks and Caicos Islands for partnering with me to host this 10^th Compliance Conference under the theme: ¨Keeping in step with regulatory requirements as the Standards evolve”

The CFATF pursues the objective of achieving effective compliance with and implementation of the FATF Standards to prevent and control money laundering and to combat the financing of terrorism. In that regard, the Anti-Money Laundering Committee in conjunction with the CFATF are preparing the national framework for the upcoming fourth Mutual Evaluation of the AML/CFT system of the Turks and Caicos Islands, which will measure the effectiveness of the TCIs efforts in countering money laundering and the financing of terrorism.  Similar exercises are going on around the region, with Trinidad and Tobago, Jamaica and Barbados have their assessments already underway.

This Compliance Conference provides an opportunity for training to all the agencies and representatives of the public and private sector that would allow them to face the challenges of the 4th Mutual Evaluation.   Additionally, participants will be provided with an in-depth and practical learning experience while encouraging participation in honest dialogue with key parties from different segments of the complex world of anti-money laundering risk management.

This conference features International and local experts in the Anti-Money Laundering and Counter Terrorism field who will make presentations on the new Financial Action Task Force Standards; discuss Risk Assessments, Customer Due Diligence, Supervision, Challenges for the TCI and the most relevant trends and topics that all stakeholders in the AML/CFT industry need to be aware of.

As you know, with the increasing globalisation and liberalisation, money laundering and terrorist financing have become global phenomena. They pose real and significant threats to nations, their people, their financial systems and their security apparatus, no matter the makeup of the economy or the size of the country. All nations, particularly small and developing jurisdictions are susceptible to disruption from criminal and terrorist activities.

Corruption, money laundering and its associated economic and financial crimes tend to impact and undermine good governance and rule of law, which are core values of the Regional constitutions.

The FATF 40 Recommendations are widely accepted as one of the most useful international countermeasures designed against money laundering and terrorist financing: their implementation increase transparency and enable countries to successfully take action against illicit use of their financial system. The FATF Recommendations set out a comprehensive and consistent framework of measures which countries should implement in order to combat money laundering and terrorist financing, as well as the financing of proliferation of weapons of mass destruction. Countries have diverse legal, administrative and operational frameworks and different financial systems, and so cannot all take identical measures to counter these threats.

The FATF Recommendations, therefore, set an international standard, which countries should implement through measures adapted to their particular circumstances.

It is well known that a well regulated financial services sector has a direct relationship to a successful investment sector.  The private sector and the public sector should be seen to be espousing a national and regional view that criminals should not be allowed to launder their ill-gotten funds and when such funds are confiscated, they should never access them again. Fighting financial crime in the region is an imperative for all of us.

The revised 2012 FATF Recommendations require the national and international regulatory and investment community to focus on the regional legislative and regulatory infrastructure with particular emphasis on effective implementation of the relevant risks associated with our respective regulatory infrastructure, in accordance with international standards.

The Turks and Caicos Islands is set to be evaluated again soon and work has begun on a National Risk Assessment which requires both public and private sector participation.

This is the context in which this 10^th Compliance Conference has been organized and as Chair of the Anti-Money Laundering Committee, I am grateful for your participation as clearly an awareness of AML/CFT requirements is central to much of the work undertaken by all of the stakeholders represented in this room.

Finally, please join me in thanking the Turks and Caicos organizing team, especially Inspector Dwyane Baker, head of the Financial Intelligence Agency and Ms. Tanisha Williams from my Chambers and the Secretariat for organizing this Compliance Conference.

Thank you all for coming to this 10^th Compliance Conference in The Turks and Caicos Islands and I anticipate your constructive contributions.

Thank you.

 

Hon. Rhondalee Braithwaite-Knowles

Attorney General