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By Nazario
Rodriquez Jr.
Horizon news staff
AS early as a year ago, friends
in the banking industry told us about Palau as a potential transit area
for the worldwide problem of money laundering. A few months thereafter,
this issue has surmised again as speculators linked a recent controversy
in the local banking business to money laundering and the same speculators
involved big fish, so and so. We personally dismissed such speculation.
Last week, we were able to download the 446-page report released by the
United States Bureau of International Narcotics and Law Enforcement Affairs
(BINL), wherein it put Palau on the "Countries of Concern" watch-list
along with three other Pacific Islands, Cook Islands, Samoa and Vanuatu.
The US is pressuring on the four Pacific Islands to strengthen their money
laundering laws.
The BINL makes regular reports to the President of the United States,
the Secretary of State regarding policies to combat international narcotics
and crime.
The 24th BINL Strategy Report for 2007 was released last month noted that
Palau along with other countries under the category believed carrying
a number of serious and systematic weaknesses that could international
money laundering, drug trafficking and terrorist financing, thus endangering
the lives of American citizens.
"Palau is not a major financial center. Nor does it offer offshore
financial services. There are no offshore banks, securities brokers/dealers
or casinos in Palau. The Authorities report that within the last year
at least one trust company has been registered, though the scope and size
of its business is unknown. Palauan authorities believe that drug trafficking
and prostitution are the primary sources of illegal proceeds that are
laundered."
However, the BINL traced government efforts to combat this problem including
several legislation by the Olbiil Era Kelulau.
It said that amid reports in 1999 and 2000 that offshore banks in Palau
had carried out large-scale money laundering activities, a few international
banks banned financial transactions with Palau. In response, Palau established
a Banking Law Review Task Force that recommended financial control legislation
to the OEK, Palau took several steps toward addressing financial security
through banking regulation and supervision and putting in place a legal
framework for an anti-money laundering regime.
The report noted that the Money Laundering and Proceeds of Crimes Act
(MLPCA) of 2001 criminalized money laundering and created a financial
intelligence unit. "This legislation imposes suspicious transactions
reporting (for suspicious transactions over $10,000) and record keeping
requirements for five years from the date of the transaction. Credit and
financial institutions are required to keep regular reports of all transactions
made in cash or bearer securities in excess of $10,000 or its equivalent
in foreign cash or bearer securities."
"The Financial Institutions Act of 2001 established the Financial
Institutions Commission, an independent regulatory agency, which is responsible
for licensing, supervising and regulating financial institutions, defined
as banks and security brokers and dealers in Palau. The insurance industry
is not currently regulated by the FIC and insurance companies in Palau
are primarily agents for companies registered in the U.S. or out of the
U.S. Territory of Guam."
The BINL said that the lack of both human and fiscal resources has hampered
the development of a viable anti-money laundering regime in Palau.
The BINL advised that "Palau should enact legislation and promulgate
implementing regulations to the MLPCA, as recommended by the APG, including
but not limited to establishing funding for the FIU, eliminating the threshold
for reporting suspicious transactions and beginning a broad-based implementation
of the legal reforms already put in place."
We hope that the ongoing power struggle in both Houses of Congress will
finally come to its end and work seriously in putting into proper perspective
the tarnished image (in this money laundering issue) of the country in
the international financial community.
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