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BAHAMAS:Attorney General’s Office: Public Statement on FATF ICRG Announcement

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#Nassau, October 30, 2018 – Bahamas – The Caribbean Financial Action Task Force (CFATF) conducted a mutual evaluation of The Bahamas during an onsite visit (November 30, 2015 to December 11 2015). The Bahamas’ CFATF Mutual Evaluation Report (MER) was approved at the May 2017 CFATF Plenary in Trinidad and Tobago. The report provided a summary of the AML/CFT measures in place in The Bahamas, analysis of the country’s level of compliance with the FATF 40 Recommendations, the level of effectiveness of the AML/CFT regime, and provided recommendations on how the regime could be strengthened.

Results of the CFATF MER reflected that the country received ‘largely compliant or compliant’ ratings in 18 of the 40 FATF Recommendations, while posting ‘partially compliant’ ratings in 21 FATF Recommendations and ‘non-compliant’ rating in one (1) FATF Recommendation.

Following the publication of The Bahamas’ CFATF MER in July 2017, the National AML/CFT Action Task Force (Task Force) commenced an ambitious plan to address all of the deficiencies noted in the 2017 MER, particularly to complete the National Risk Assessment (NRA), which examined the money laundering and terrorist financing risks in the financial services sector both domestic and international, and to gain the government’s approval of same.  Emanating from the NRA and the CFATF MER were gaps regarding the country’s AML/CFT Framework (legal, supervisory/regulatory, and enforcement regimes).  The Task Force was charged with the responsibility of developing a National Identified Risk Framework Strategy (NIRFS) inclusive of AML/CFT/PF regimes.  The NRA was approved by government in December 2017 and the NIRFS was approved in April 2018.

Among the deficiencies noted also was the absence of a legal regime that was capable of addressing the identified risks which were illuminated by the NRA. In order to address this the government embarked on an ambitious legislative reform agenda.

Both internationally and regionally, The Bahamas has been praised for its significant efforts and achievements over the last 15 months to address deficiencies identified in its CFATF MER. During this period of time the Attorney-General and the Task Force he leads have attained many of the goals they established post the 2017 publication of the country’s CFATF MER. Notably –

 

  1. Since July 2017, the authorities have enacted the following legislative measures:

 

(i)        The International Tax Cooperation Amendment Act, 2018, Automatic Exchange of Information Amendment Act, 2018 and Automatic Exchange of Information Amendment Regulations 2018 which resulted in the signing of the MCA and MCAA;.

(ii)       The legislative amendment of the National Constitution to create the Independent Office of the Director of Public Prosecutions.The mandate of the ODPP as an independent prosecutorial Authority is to provide efficient, effective, fair and just prosecutorial services within the Commonwealth of The Bahamas. Noteworthy is the progress made with money laundering investigations, prosecutions and convictions – during the period July 2017 – September 2018, during which 40 money laundering prosecutions were recorded with 19 convictions compared with one (1) money laundering case recorded for the previous period;

(iii) The Financial Transactions Reporting Act (FTRA), also passed in 2018 addressed technical gaps identified in the Bahamas’ CFATF MER;

(iv) The Proceeds of Crime Act (POCA), 2018 addressed technical gaps identified in the Bahamas’ CFATF MER -with provisions such as the introduction of Unexplained Wealth Orders, Civil Forfeiture and the establishment of the Identified Risk Framework (IRF) oversight bodies – the Ministerial Council (National Identified Risk Policy Body), the Identified Risk Steering Committee (an operational IRF multi-agency body responsible for implementation and enforcement of the IRF);

(v) Anti-Terrorism Act (ATA), 2018) addressed the technical gaps identified in the CFATF MER and IO 10 and IO 11. Notable provisions address the financing of terrorism, financing of proliferation of WMD, manufacturing of WMDs, all forms of terrorism and participation in terrorist activities, identification of the competent authority dealing with terrorist issues (Attorney-General), local and international listing of terrorists and terrorist organization, and international cooperation. Attention was given to ensuring that the requirements of Recommendation 6 and 7 of the FATF 40 Recommendations and IO 10 and IO 11 were addressed; and

(vi) The Travellers’ Currency Declaration (Amendment) Act, 2018. The provisions of this Act mandate currency declaration at the borders by departing and arriving passengers. These provisions along with those of the Travellers’ Currency Declaration Act, 2015 came into force by 1st September 2018. This legislation obligated all travellers to declare currency, negotiable instruments, precious metals and stones equal or exceeding $10,000.

The Government further enacted a number of Regulations (which have the force of Law) in order to address other noted deficiencies:

  1. b) Regulations released by the Government include:

 

(vii)     Financial Transactions Reporting Regulations, 2018 which establishes the thresholds for customer due diligence set out in the FATF 40 recommendations, customer due diligence requirements for companies, trusts and legal persons, and establishes STR filing obligations on general insurers.

(viii)   Financial Transactions (Wire Transactions) Regulations, 2018 which incorporated the provisions of the 2015 Regulations and increased administrative penalties for non-compliance with the requirements of the Regulations.

  1. ix) International Obligations (Economic & Ancillary Measures) (Implementation of United Nations Security Council Resolutions) Iraq Order, 2018, which enforces all provisions of the UN Security Council’s mandated targeted sanctions on Al’Qaida, I’Sil and related entities and associated parties. Order to come into force on 11 October 2018;

(x)       International Obligations (Economic & Ancillary Measures) (Implementation of United Nations Security Council Resolutions) Afghanistan Order, 2018, which enforces all provisions of the UN Security Council’s mandated targeted Sanctions on Al-Qaida, I’Sil and related entities and associated parties. Order to come into force on 11 October 2018;

Additionally the Central Bank of The Bahamas and other financial sector Regulators issued the following Guidance Notes:

  1. c) Regulatory guidance issued to the financial institutions and designated non-financial businesses and professions:

(xi)      As of August 2018, The Central Bank (CBB) has updated its Guidelines for Supervised Financial Institutions on the Prevention of Money Laundering and Countering the Financing of Terrorism (AML/CFT Guidelines) to align with the NIRFS and address the deficiencies highlighted in The Bahamas’ Mutual Evaluation Report (MER);

(xii)     As of August 2018, the Group of Financial Services Regulators – CBB, Insurance Commission Board (ICB), Securities Commission Board (SCB), Gaming Board (GB) and Compliance Commission (CC) jointly issued the following guidance notes;

  1. Guidance Note on the Sound Management of Risks Related to Financial Crime in The Bahamas; and
  2. Guidance Note on Proliferation and Proliferation Financing.

The guidance notes provide direction to regulated entities on the identification, assessment, management and mitigation of financial crime risk and raise awareness of the risks and vulnerabilities in regards to proliferation and proliferation financing.

(xiii)   The Compliance Commission issued revised and enhanced Codes of Practice for Lawyers, Accountants and Real Estate Brokers and Developers.

Note is made that the Insurance Commission of The Bahamas, the Gaming Board and the Securities Commission of The Bahamas have drafted updated AML/CFT Guidelines for their licensees and registrants which are due for release by month end October 2018. The guidelines are being updated to address key deficiencies noted in the MER, and to take into account the enhanced provisions contained in the FTRA 2018, POCA 2018 and ATA 2018.

  1. d) Development and implementation of Risk Based Supervision:

(xiv)    The Central Bank, having developed and implemented risk based supervision for its substantive licensees (banking and trust companies) in last quarter of 2009, incorporated credit unions into its risk based framework in the second quarter of 2018 and has completed the risk profiling of all 10 credit unions as of July 2018.

 

(xv)     The Securities Commission of The Bahamas, developed and implemented risk based appropriate supervision for securities licensees and registrants. The risk profiling of al licensees is ongoing. Note is made that SCB’s risk based supervision has been ongoing for Financial and Corporate Service Providers since 2014.

 

The Compliance Document

 

The FATF recently listed The Bahamas in the ‘Compliance Document’ following its October 2018 Plenary in France. The same is not a “Black List”, but a monitoring list; as the country is working to implement fully the provisions of the newly enacted POCA, 2018, FTRA, 2018, and ATA, 2018. It has been recognized even in the context of the Compliance Document, that The Bahamas has in a very short period of time since May 20017, made significant and important progress towards fully addressing all deficiencies noted in the 2017 MER.

The terms of the short “Action Plan” adopted by the FATF Plenary in Paris this month clearly indicates that all required now of The Bahamas is the production of evidence to support the effective implementation of the vigorous AML/CFT and Counter-identified risk legal framework which has now been created by the legislative framework, the NRA and subsequent AML/CFT Guidance Notes referred to above. Issues related to the availability of beneficial ownership information are being addressed concurrently with the Bahamas’ commitment to the Base Erosion and Profit Shifting (BEPS) project of the European Union.

This task will necessarily involve the installation of case management software to better track international cooperation efforts, coupled with the installation of analytical software to improve the outcomes of the Financial Intelligence Unit in its response to both domestic and international Suspicious Transactions Reports and requests for intelligence-based assistance.

The Bahamas has formally communicated a high level of political commitment and will to address the remaining implementation issues and have noted that within the international and regional AML/CFT/PF organizations, there has been favorably recognition of the tremendous effort that The Bahamas has  expended to enable it to be the first of the countries (Trinidad & Tobago, Jamaica, Barbados, Antigua and Barbuda) in the Fourth Round CFATF Mutual Evaluations, to request re-rating of its legal provisions to address FATF Recommendations. Note is also made that all countries having undergone the Fourth Round CFATF Mutual Evaluations are confronting new standards on ‘Effectiveness Ratings’ and substantial challenges in ensuring that ‘sufficient progress’ is being made to comply with these newly introduced international standards. The Bahamas is committed as a member of the international financial community, to implement and maintain an appropriate, effective NIRF which incorporates its AML/CFT/PF regime.

 

Release: Office of the Attorney General and Ministry of Legal Affairs

 

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Energy Minister Delivers Electrifying Keynote Opening Address at CAREC 2026  

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NASSAU, The Bahamas – The Bahamas’ Minister of Energy, Utilities and Aviation, The Honourable JoBeth Coleby-Davis, delivered an electrifying address during the opening ceremony of the 2026 CARILEC Resilient/Renewable Energy Community (CAREC) Conference and Exhibition, being held October 18–22, 2026, at the British Colonial Hotel in Nassau, The Bahamas.

Under the theme “Empowering Progress: Strategic Policy and Planning for the Energy Transition,” the event draws more than 200 industry leaders, policymakers, regulators, and energy professionals committed to advancing practical strategies for sustainable and reliable Caribbean power systems through renewable energy and emerging technologies.

During her address, titled “The New Energy Era: Transforming Policy into Progress,” Minister Coleby-Davis reminded attendees that The Bahamas’ national motto, “Forward, Upward, Onward, Together,” aptly describes what the region’s energy transition demands.

“Empowering Progress speaks directly to our national motto. Not waiting for progress, but creating the conditions that allow progress to happen. Meaningful progress, however, does not occur by accident. It requires vision, sound policy, strategic planning, strong institutions, and the determination to turn decisions into results,” said Minister Coleby-Davis.

Participants acknowledged that small island developing states share similar pressures, compounded by geographical challenges, small electricity markets, ageing infrastructure, geopolitical influences, and the growing threat of severe weather.

Tasked with ushering in a new energy era across the islands while addressing the challenges posed by The Bahamas’ unique archipelagic composition, Minister Coleby-Davis said, “Every island needs a different answer, but the same logic. As an archipelagic nation, we must provide electricity across many islands, each with its own demand and infrastructure needs. Our strategy, therefore, must be national in direction, but responsive to individual communities.”

Restating her Ministry’s three core messages—that energy is an economic and security priority, technology must be viewed as a tool to support strong institutional leadership, and natural gas should be considered a bridge, not a destination—Minister Coleby-Davis reiterated that “progress must now be reflected in functioning infrastructure, effective institutions, and better electricity services: from policy commitments to coordinated implementation, and from fragmented investment decisions to long-term planning.”

Organised by CARILEC and co-hosted by Bahamas Power and Light (BPL) and Grand Bahama Power Company (GBPC), the annual Conference and Exhibition brings together the Caribbean energy community to advance practical solutions to the region’s most pressing energy challenges and accelerate progress towards more resilient, reliable, and sustainable power systems.

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Rosewood Exuma: A precedent-setting case for environmental law and future development in The Bahamas  

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By Eric Carey, ONE Consultants, former Executive Director of the Bahamas National Trust. 

We are facing an extraordinarily important moment in judicial history in The Bahamas as we await a decision on the trial of allegations in the Yntegra group’s Rosewood Exuma project.

As former Minister of the Environment, Romauld Ferreira, put it in the Supreme Court last week: “A lot is at stake…a  great deal of what will be considered in this case sets the stage for what’s to come for future development in the country.”

In the trial of the judicial review of government approvals given to Yntegra for their Rosewood Exuma resort this week, we’ve heard technical arguments about failure to make key environmental documents like Yntegra’s Environmental Impact Assessment and Environmental Management Plan available to the public, failure of key documents to assess some of the most controversial aspects of the project, an unlawful consultation process, and a failure to conduct further consultation following major changes to the development.

Lawyers for Turtlegrass described how there was a “salami slicing” of the project into chunks as a way to circumvent the approvals process and disguise its full impact from public scrutiny. Only certain portions came before the public and key stakeholders like Turtlegrass and Over Yonder Cay for scrutiny, while some of the most controversial aspects did not. This is particularly problematic given what is at stake – the dredging of a beautiful Exuma bay, the North Bay, to transform it into an industrial shipping channel, complete with an enormous seawall, dock, back-of-house facilities and other industrial infrastructure.

It is unfortunate that it has had to come to this – an expensive judicial review process that calls out the government for falling down on its duties to protect the environment and follow the law – but it is important and the broader implications should not be overlooked. When Justice Leif Farquharson rules on this case, he’ll set a precedent that could echo in The Bahamas for years to come, one that answers the question: are the 2019 environmental laws that Ferreira took to parliament after many years of advocacy by environmentalists toothless tigers that are just for decoration – or are they capable of protecting the environment that we all depend on and the rights of those affected by projects to have a genuine say in them?

What is curious is that at the same time as these points are being raised in court as part of the judicial review, we are seeing personal attacks about Bob Coughlin – the person spearheading this legal action and test of environmental laws – by online trolls. Coughlin, an Exuma resident for almost a decade, has long been established as an environmental advocate and a passionate philanthropist – one who has donated almost $4 million to causes in The Bahamas since 2018, including millions to the organisation I once led, the Bahamas National Trust.

For reasons one can only speculate about, these trolls have been trying to make out all sorts of absurd things: that his legal action in support of environmental protection is a petty dispute born out of fears of competition. That Coughlin no longer even wants to pursue his eco-tourism project, when the reality is that he was forced to put it on hold because of the destructive environmental plans that are in dispute. That he is the only one who has an issue with this Rosewood Exuma resort, when in fact, neighbouring resort, Over Yonder Cay – one of the top rated resorts in the Caribbean – as well as the Save Exuma Alliance – consisting of most of the local islands and businesses in the Exuma area, and thousands of petition signers have expressed their concern with the project – over 9,000 to date. Most ironically, they claim, wrongly, that Coughlin received crown land for personal use, when in fact it is Yntegra who received crown land while having no development track record, when Coughlin instead bought his lease on Sampson Cay from a private owner.

The timing of these claims, in the week of the trial, suggest a patronising and cynical attempt to distract from the gravity of the case being heard, what it represents, and how important this decision is. With their simplistic, jingoistic and factually-dubious references to crown land, white foreigners, and the like – it’s not hard to imagine that those involved are engaged in a ploy to push the buttons of Bahamians who they apparently believe can be too easily distracted into ignoring the real issue here: that the government, has – in the words of those in the Supreme Court this week – “run roughshod” over environmental laws with its approvals for Yntegra’s Rosewood Exuma project and that this is truly a landmark case and the decision will have a long-lasting impact on future development. This is at a time when foreign direct investment (FDI) inflows into the Bahamian economy are forecast to increase by as much as two thirds over the next two years, according to the Inter-American Development Bank (IDB).

So I call on my fellow Bahamians to stay focused. This is not a story about one man – it is a story about the future we want for our country and whether we are willing to sacrifice our ability to demand environmental accountability in all developments moving forward. There is too much at stake to be thrown off the track by trolls.

As Ferreira says of the judicial review that now awaits Justice Leif Farquharson’s judgement: “This is the first set of litigation, serious litigation, that takes a deep dive into the Environmental Planning and Protection Act and the environmental impact assessment regulations…There’s a lot at stake here.”

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Monument Supports Hands for Hunger With Paradise Plates Debut  

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NASSAU, Bahamas — Caribbean Wines & Spirits (CWS), The Bahamas’ leading wine and spirits distributor, proudly supported Paradise Plates, Hands for Hunger annual fundraiser with a flavorful offering of its newest product, Monument Beverage Co.

Monument, which launched this July and is available across six major islands, made its Paradise Plates debut. Guests enjoyed three bold flavors: Peach Passion, Ginger-Lime and Melon Fizz as they socialized throughout the evening.

Monument brand ambassadors engaged guests with knowledge on the ready-to-drink beverage’s unique taste and look. Many attendees were delighted to learn that Monument is 100% Bahamian-made and owned and enjoyed seeing the various national landmarks on the packaging.

The booth was adorned with vibrant brand colors, striped arches, tropical florals and a photo worthy backdrop featuring Monument cans filled with florals cascading down the wall.

At the end of the event, the entire Monument inventory had finished, making Monument’s Paradise Plates debut a huge success.

For more details on Caribbean Wines & Spirits, new products and specials, visit www.cwsbahamas.com today.

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