Financing of Proliferation of Weapons of Mass Destruction

The threat of proliferation is significant and the consequences are severe. Proliferation has many guises but ultimately involves the transfer and export of technology, goods, software, services or expertise that could be used in nuclear, chemical or biological weapon-related programmes, including delivery systems; it poses a significant threat to global security1.
Proliferation may be defined as the transfer and export of nuclear, chemical or biological weapons; their means of delivery and related materials.2 This could include, inter alia, technology, goods, software, services or expertise. Means of delivery include missiles, rockets and other unmanned systems capable of delivering nuclear, chemical or biological weapons that are specially designed for such use.
What is Proliferation Financing?
The provision of financial services for the transfer and export of nuclear, chemical or biological weapons; their means of delivery and related materials.
With respect to the Financing of Proliferation, the following deficiencies were noted by the Assessor in Trinidad and Tobago:
There does not appear to be a comprehensive policy or the completion of such a policy as it relates to the financing of the proliferation of Weapons of mass Destruction in Trinidad and Tobago;
The framework for targeted sanctions related to Terrorist Financing needs to be reviewed;
The sanctions and prohibitions are in respect of freezing funds are not covered in the Anti Terrorism Act;
There is no comprehensive policy on the proliferation of financing of weapons of mass destruction and there is no adequate legislation on this issue;
There does not appear to be a thorough appreciation of the risk of Terrorist Financing amongst the relevant authorities;
There are inadequate resources to effectively investigate and prosecute Terrorist Financing.
References:
1 http://www.fatfgafi.org/media/fatf/documents/reports/Typologies%20Report%20on%20Proliferation%20Financing.pdf
2 S/RES/1540 (2004)
3 http://www.fatfgafi.org/media/fatf/documents/reports/Typologies%20Report%20on%20Proliferation%20Financing.pdf

 

The author is an attorney at law based in Trinidad. She specialises in AML CFT .

See website : http://asydneygroup.com

Whatsapp 484-7778

 

 

Advertisements

Life is but the shipwreck of our plans

Planning to make a plans. What a life!I agree that goals are important , and yes I believe in the law of attraction . But do our plans turn out the way that we expected? Life can be messy . Relationships end,children leave the nest and sometimes our love is not reciprocated.

Enjoy the mess. Dance when your world is falling apart. Keep your head up. Stand in the rain . Don’t you give up on your dreams.

When you lose control of the ship,the anchor holds. You will be grounded and you will be on land soon.

The author is an attorney at law in Trinidad. She specialises in AML CFT Compliance .

Website : http://asydneygroup.com

What’s app 868 484-7778

There are no dead end jobs,just dead end people:It is an adventure to be alive

Today is a present. Are you alive or just living ? Bills ,bills ,bills. I wish the person who invented bills will choke on his saliva. Bills are a huge inconvenience to me. But working towards generating funds to pay these bills is fun. In the absence of he responsibility to pay bills,some people may never enter into the workforce. Nevertheless,it is a blessing to be on your way to work. Some people are not economically active. Look at it as a quest. You are on a journey to make money. Do not look at it as going to your dead end job. A wise man told me that there are “…No dead end jobs,just dead end people “. Do not resent your employer,after all  the company is paying your bills,sending your kids to school. For the entrepreneurs out there,think of your job as your investor. I encourage you to view your day as an adventure,just like something I heard in the movie Peter Pan ,the version with Robin Williams.

The author is an attorney at law in Trinidad. She specialises in Anti Money Laundering and Countering the Financing of Terrorism. See the website http://asydneygroup.com .

What’s app 1 868 484-7778

Instagram :@asydneygrouptt

The power of human….resources,always seek advice

The wise always seek counsel before making decisions. In the manufacturing process of making decisions,the successful person will conceptualize the idea,conduct research then ask about the possible difficulties of the proposed decision. The words of advice received are the raw material used by the successful person to make decisions. 

The successful person understands the power of the human mind. It is an amazing instrument that can be used to solve great problems . Other successful people take delight in offering advice. They must,however be satisfied that the advice will be put to great use . For instance,in the book the Twelve Steps, the character created by Jim Rohn made a game of pretending to be the caretaker of a large mansion and told a middle age man of the 12 pillars of success. 

Please do not keep your ideas to yourself. Seek advice from people who are where you want to be.

The author is an attorney at law based in Trinidad. She specialises in financial crimes and is a certified Anti Money Laundering Specialist .

Website : http://asydneygroup.com

Facebook page: Sydney Group

Instagram : @asydneygrouptt

Whats app : 484-7778

Money Laundering, Terrorist Financing and Non Profit Organization (NPOs)

What are non profit organisations?

Non Profit Organisations are organisations that provide a public benefit such as furthering cultural, educational, religious, and professional or public service objectives.

There are three (3) main elements of a Non-Profit Organization;

  1. A mission that focuses on activities that benefit society and whose primary goal is not profit. It is to be noted that these organizations are usually profitable, once revenue exceeds expenses. But instead of re distributing profit to owners/staff/investors, the Non-Profit pursues public benefit purposes recognized and approved by the Ministry of Finance in Trinidad bad Tobago.
  2. No particular person owns shares of the company or interests in the company. The organization is not controlled by one person it is owned by the public.
  3. The income must never be distributed to any directors but is recycled back into the Non Profit’s mission. Non-profits typically depend primarily on grants and mission-related earned income to fund its socially oriented activities.

DISTINCTIVE FEATURES OF NON-PROFITS

Staff in a NPO consists of volunteers and paid staff, the former usually out numbers the latter. Accounting for a Non Profit;

Non-Profits are focused on ensuring revenue is greater than costs;

Non-profits do not use balance sheets; they will compile a “statement of financial position”, which focuses only on assets and liabilities. Non Profits do not use income statements but prepare a statement of activities each quarter. This document lists the organization’s revenues minus expenses, plus net assets Exemption from taxes;

Non-profit organizations may be exempt from taxation once they are designated as charitable organizations by the Ministry of finance.

Filing of Annual Returns: Non-profits must file annual returns with MLA Opening a bank account- By-laws are extremely important to create here.

What is available on public record ?

The  Articles of Incorporation discloses certain information such as the Name of the Non Profit, number of directors and intended employees, general nature of activities, the address of the principal office, name occupations and addresses of the first directors of the company.

The Mutual Evaluation Report 2016 and NPOs

Although NPOs are required to register with the Registrar General’s Department, there is no proper AML/CFT policy in relation to the management, supervision and monitoring of these entities. There is no targeted risk assessment for these entities nor are there adequate laws to address this which results in insufficient regulation of the sector.

The Assessors in the Mutual Evaluation Report 2016 considered NPOs to be Non Compliant for the following reasons:

  • There are no laws requiring NPOs Sector to be subject to an AML/CFT regime;
  • There is a lack of proportionate and dissuasive sanctions for violations of the standards of NPOs;
  • No evidence of outreach to the NPO Sector concerning Terrorist Financing issues;
  • There have been no adequate policies articulated concerning NPOs;

 

The non regulation of Non-Profit Organizations is cause for concern since these organizations could be used to facilitate ML/TF activity. Since the last mutual evaluation, the Assessors found that there were no AML/CFT measures in place to deal with NPOs. To date, there are still no measures in place to address AML/CFT.

 

NPOs traditionally enjoy an elevated level of trust by society at large. In light of this, NPOs must take precautions to avoid potential money laundering and terrorist financing abuse of the charitable donation process.2 

Money Laundering , Terrorist Financing and  Non Profits Organizations

Non profits can be used to launder corporate money.  “The lack of transparency around NPOs provides the donors with unfettered funding opportunities while letting them hide their identities …”3

Why are Non Profit Organisations susceptible to being used by Money Launderers?

Non-profit organisations (NPOs) are defined by their purpose, their reliance on contributions from supporters and the trust placed in them by the wider community. They often process large amounts of cash and regularly transmit funds between jurisdictions. NPOs have also traditionally operated under less formal regulatory control and generally, a less rigorous form of administrative and financial management. It is argued that the combination of these factors exposes the sector to an elevated risk of criminal and terrorist abuse (Charity Commission 2009a; FATF 2004a, 2004b).4

 

Misuse of NPO funding to launder money

The misuse of NPO-generated funds may take any one of the following forms;

Funds may be collected in the name of a legitimate NPO but disbursed for terrorist rather than altruistic means;

NPOs may be used to launder money or provide legitimate means for the transmission of funds between multiple locations.5

NPOs may provide financial support to an organisation that provides humanitarian aid, for example, but that organisation may also provide succour to terrorist activities.

Alternatively, NPOs may raise funds for a particular cause but have those funds dispensed or support provided through a terrorist group.

Misuse of the notion of charitable status Criminal or terrorist entities may elect to establish a sham NPO (in this case, a charity) but one which is registered and engages in requisite regulatory requirements. The purpose of the NPO is ostensibly to collect and distribute charitable giving but it is in reality a front for the laundering of money, appropriation of terrorism funds or for the rallying support for terrorist activities.

Gurulé (2008) has suggested a general modus operandi for non-profit exploitation, based on sham NPOs in the United States. Such sham agencies were found to:

  • incorporate under state law;
  • apply for tax-exempt status as a charity or other type of NPO;
  • undertake fundraising activities;
  • open domestic bank accounts into which proceeds and donations are deposited; and
  • transfer funds to overseas financial institutions, diverting all or some of the funds to terrorist activity.7

 

 

FATF recommends the following best practices for non profits to prevent  abuse relating to terrorist financing and money laundering 8:

Ensure good governance practices and strong financial management , including robust internal controls and risk management procedures;

Carry out proper due diligence on individuals and organizations that give  money to, receive money from or work closely with your organization;

Enter into written agreements to outline expectations and responsibilities of grantors and grantees;

Undertake internal risk analysis to help better understand the risk you face in your operations and design appropriate risk mitigation and due diligence measures;

Establish strong financial controls and procedures and keep adequate and complete financial records of income expenses, and financial transactions;

Clearly state program goals when collecting funds and ensure funds are  applied as intended;

Ensure information about the activities carried out by grantors and grantees is publicly available;

Ensure you are informed as to the sources of your income and establish criteria to determine whether donations should be accepted or refused.

Non Profit Organisations must be closely monitored in Trinidad and Tobago and elsewhere because of the abuse of same by money launderers and terrorist financiers.

The author is a certified Anti Money Laundering Specialist and an attorney at law in Trinidad. Website http//:asydneygroup.com

References:

http://www.businessdictionary.com/definition/non-profit-organization-NPO.html

2 https://www.baalegal.com/best-practices-for-preventing-money-laundering-and-terrorist-financing-abuse/

3 https://www.huffingtonpost.com/lucy-bernholz/money-laundering-in-nonpr_b_773771.html

http://www.aic.gov.au/media_library/publications/tandi_pdf/tandi424.pdf

http://www.aic.gov.au/media_library/publications/tandi_pdf/tandi424.pdf

http://www.aic.gov.au/media_library/publications/tandi_pdf/tandi424.pdf

http://www.aic.gov.au/media_library/publications/tandi_pdf/tandi424.pdf

8 https://www.baalegal.com/best-practices-for-preventing-money-laundering-and-terrorist-financing-abuse

 

How to Register a Limited Liability Company in Trinidad and Tobago

Registering your limited liability company with the Companies Registrar has many benefits. Once you obtain the Certificate of Registration, a bank account can be opened in respect of the company and the company can enter into contracts.

There are three steps to incorporate a limited liability company in Trinidad and Tobago namely:

  1. Name Search and Reservation
  2. Incorporation documents

3.By-Laws

These will now be discussed in turn.

  1. Name Search and Reservation

This form has to be submitted to Registrar of Companies along with the necessary filing fee. The desired name for the company as well as two (2) alternative names must be included in the form. These alternative names will be considered in the event that the desired company name has already been registered or reserved. Once the name is reserved, the applicant has 28 days to complete the registration process. The applicant has to sign at the bottom of the Name Search form, an incorporator (attorney at law, accountant or specialized incorporator) can sign for and on behalf of the applicant. In the event that the proposed name and the two alternatives are rejected by the Registrar, a new name search must be filed. The Registrar may reject a company name for the following reasons :

(i) names prohibited by the Companies Act;

(ii) names similar to those already registered or;

(iii) a combination of general words that lack distinction or

(iv) names that are misleading to the public.

It is wise to be specific in stating the type of services that will be offered by your company. The Registrar can request that the applicant clarify any difficulties with the proposed name by putting a query on your application. At that point, the applicant will then satisfy the Registrar’s request by writing a letter explaining why the particular name was chosen. After filing the Name Search in the appropriate form, the applicant has to return to the office of the Companies Registrar in five to seven working days to collect the response. The date for the applicant to return will be stamped on the receipt collected after the fees are paid to the cashier. If the company name is approved, the applicant can move on to the second step, that is the incorporation documents.

  1. Incorporation documents

The four incorporation documents must be completed in duplicate and filed by the applicant along with the necessary filing fees. Be sure to keep the name approval safely and to submit same with the incorporation documents. The incorporation documents are:

(a) Articles of Incorporation;

(b) Notice of Directors;

(c) Notice of address of Registered Office

(d) Notice of Secretary(ies)

With respect to the Articles of Incorporation , the approved name of the company must be inserted. The applicant must state whether the company will be a private or public company.  The type of liability of the members must also be included whether limited or unlimited. The number of directors must be stated, by law a minimum of 2 directors are needed, a maximum of 10 directors are allowed. The name ,occupation, address and signature of the incorporator has to be included in the Articles of Incorporation. The applicant (one of the directors) also has to sign both copies of the form.

The Notice of Directors must also be completed and filed.  This form provides the names, occupation and addresses of all of the directors. It is reiterated that there must be a minimum of 2 directors and a maximum of 10 directors.

The Notice of Address of Registered Office sets out the registered address of the company. All official company documents and files must be kept here. Generally, the applicant can use his residence as the registered office, however if the applicant is seeking to open a company bank account, one bank in particular will request to see the premises to ensure that it has an office conducive to operating a business.

The Notice of Secretaries is usually filed as part and parcel of the incorporating documents. The Board of Directors will usually appoint the Corporate Secretary, a director can also act as a Corporate Secretary. The Corporate Secretary will ensure that the company complies with statutory requirements as well as ensuring that the annual returns are filed on time. Caution should be exercised in selecting a Corporate Secretary since this person can sign the documents to dissolve the company.

Once these incorporation documents are prepared and signed, an officer at the Companies Registry will review it briefly and then direct the applicant to the cashier. The applicant will pay the relevant fees and the cashier will prepare a receipt and stamp the date for the Certificate to be collected. Usually five to seven working days, may be longer. If there are further queries by the Registrar, these will have to be satisfied.  Once the applicant returns on the stamped date, and the Certificate is produced it can be collected.

3.By-Laws

The date stated on the Certificate of Incorporation will be deemed the date of incorporation of the company. This is relevant to the entering of contracts by the company and the opening of company accounts.  The next step after the issue of the Certificate is the development of By Laws to conduct the affairs of the company. This document is not filed at the Companies Registry, particularly for companies for profit. The By Laws will be kept at the registered office of the company.

 

Please be guided that Annual Returns have be filed at the Companies Registry yearly. The company must also  acquire a Board of Inland Revenue number, register for VAT where applicable, and other statutory taxes. The company may also have to be registered with the Financial Intelligence Unit if it is considered a Listed Business as per FIU Regulations.

Disclaimer

The content herein is provided for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney at law to obtain advice with respect to any particular issue or problem.

About the Author:

A.Sydney is an attorney at law in Trinidad and Tobago. She specializes in AML/CFT/FIU/Tax Compliance, and provides Corporate Secretarial Services to local and international giants in various industries. Feel free to explore the website for her portfolio of companies and add her on social media:

Website:

http://asydneygroup.com

Facebook:

https://www.facebook.com/sydneygrouptt/

Instagram:

https://www.instagram.com/asydneygrouptt/?hl=en

LinkedIn:

https://www.linkedin.com/in/sydney-group-238922141

WhatsApp only 868 484-7778

 

 

FACTS about FATCA in Trinidad and Tobago for Individuals and Companies: Must Read

“Uncle Sam wants to ensure that he collects his taxes wherever his nieces and nephews reside”. I overheard one of my bankers explaining this reasoning to another client  in response to a  query about the FATCA questionnaire. In accordance with one of our favorite superheroes in the Book of great Parables and Fables, we must render unto Caesar the taxes that are due unto him[1]. This explanation resonated with me and I want to present you herein with some facts about FATCA .

What is FATCA?

FATCA is an acronym for Foreign Account Tax Compliance Act and it was introduced by the United States Government in 2009 to ensure that U.S. persons with financial assets outside of the United States are paying U.S taxes.

What is the rationale behind introducing FATCA legislation?

The main objective is to obtain information on U.S. persons who may have financial assets outside of the U.S, or those U.S. persons who may be investing and earning income through financial institutions outside the United States.

Who is affected by FATCA?

U.S. citizens or U.S. registered businesses such as limited liability companies, trusts, partnerships, estates;

US individual residents, including US Green Cardholders;

US individuals who own certain foreign financial accounts or other offshore assets;

Local businesses/companies that have U.S. ownership;

FFIs- any non U.S. financial institution (an institution that accepts deposits, invests, trades securities).

What are financial Institutions required to do with respect to FATCA?

Undertake certain identification and due diligence procedures involving new customers desirous of opening new accounts;

Report annually to the Internal Revenue Service (IRS) information on customers who are U.S persons or foreign entities with substantial U.S. ownership;

Close accounts of certain customers who do not wish to cooperate with the new FATCA requirements including:

(a) Non-participating financial institutions or ;

(b) Customers who fail to provide sufficient information to determine whether or not they are a U.S. person.

Who is a U.S. person for the purposes of FATCA?

A citizen or resident of the United States, including a green card holder;

A partnership, corporation, estate, trust incorporated or created under US law (US incorporated entity);

A non U.S. incorporated entity having substantial ownership held by –an individual who was born in the US or is a US citizen/resident (including a green card holder) or has a US address or a US mailing address;

A U.S. incorporated entity.

How would I know if I am a U.S. Person under FATCA?

The following are captured in this definition:

U.S. resident or citizen including US Green Card holders;

U.S. Place of Birth;

U.S. home or mailing address;

Only address is a U.S. PO Box, C/O mail address

Power of attorney or signing authority having U.S. address

A U.S. telephone number;

Standing order to transfer funds to an account in the U.S.

What are the FATCA forms?

There are various FATCA forms that are to be completed by the Applicant:

U.S. Person Status Form (Individuals only);

Non US Person Declaration;

Non US Person /Letter of Explanation of US Address;

Waiver of Confidentiality/Data Protection for US Person.

The Internal Revenue Service forms are:-

Form W9;

Form W-BEN;

Form W-8BEN-E.

Different documents are required for   individuals and for companies. There are various classification for business and companies for the IRS forms.

Disclaimer

The content herein is provided for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney at law to obtain advice with respect to any particular issue or problem.

[1] The King James Version: Mathew Chapter 22 Verse 21

About the Author:

A.Sydney is an attorney at law in Trinidad and Tobago. She specializes in AML/CFT/FIU  Compliance, Taxation and provides Corporate Secretarial Services. Feel free to explore the website for her portfolio of companies: http://asydneygroup.com .

 

 

Introducing the Sydney Group

Dear Fellow Human,

I solve problems for a living. I am curious about the workings of everything around me. I have penetrated multiple markets and I am hungry to pierce the seal of many more. By profession, I am an attorney at law.  Permit me to introduce some of the member companies of the Sydney Group:

  1. A.Sydney Solutions Company Limited-This company offers corporate secretarial services such as company and business registration.
  2. Iris Workshops and Consultancy Services Limited-This company offers online workshops on Estate Planning, Contract Law, Hunan Relations , and Emotional Intelligence.
  3. Eryn Zydney Educational Solutions- This business offers tutoring services, proofreading services and consultancy services in respect of goal setting, time management, career guidance and multiple assessments.
  4. Sydan Maintenance Services Company Limited- This company offers Painting Services, Pressure Washing Services and Lawn Care Services.
  5. Leii’s Online Marketing Services-This business provides online exposure to companies on social media.

Different topics will be explored in this forum ranging from education, to start-up ideas to financial literacy. Please indulge me and bear with me on the journey of the A.Sydney Group  http://asydneygroup.com .

Disclaimer

The content in the subsequent posts are provided for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney at law to obtain advice with respect to any particular issue or problem.

ABOUT THE AUTHOR:

A.Sydney is an attorney at law by profession in Trinidad and Tobago. She specializes in AML/CFT/FIU  Compliance, Taxation and provides Corporate Secretarial Services.