Haiti - Justice : A law that worries... - HaitiLibre.com : Haiti news 7/7

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Haiti - Justice : A law that worries...
30/03/2013 12:11:18

Haiti - Justice : A law that worries...
The law punishing transnational fraud [money laundering and the financing of terrorism], filed by the Ministry of Justice in July 2012, passed by the Senate on 28 February 2013, is still not approved by the Chamber of Deputies. The deadline expired on 15 March, but the Professional Association of Banks (APB) obtained an extension until March 27. Mr. Charles, President of the Professional Association of Banks (APB) stated at the international seminar on tax evasion, which was held from March 20 to 22 in Port-au-Prince unless to obtain a moratorium, passed March 27, Haiti will be under international investigation for 6 months "And already we begin to feel some effects of economic sanctions."

Despite the time limit and the serious consequences of the absence of this Act for the Haitian economy, the Bars Federation of Haiti (FBH) Tuesday organized a working session and of consultation to amend some articles of this law considered by many to be draconian "We do not want to obstruct the law itself, our approach aims to make corrections at some articles calling into question the principle of professional secrecy, and some acquired constitutional," before returning it to Parliament, declared Me Carlos Hercules, the President of the FBH.

Article 38 among other worries "for the purpose of obtaining evidence of money laundering or financing of terrorism" within the framework of this law, the investigating judge can during an investigation, ordered for a fixed term "the monitoring of bank accounts [...] It may also order the access to systems, networks and servers, he audio or video recording or photography of acts and behavior or conversations ; the interception and seizure of mail [...]"

"This law opens the door to any government that would be a dictatorial inclination to use it, to use it to lead the repression against opponents. We believe this is a danger for democracy [...] In addition, the ratification of this bill would transform the legal professionals in informers without professional secrecy," estimated Carlos Hercule at the end of the meeting.

However, terms more or less identical, are in all the laws of countries that have adopted legal measures similar to the fight against transnational fraud. In the context and the real threat of sanctions for Haiti, it is time that the concerned act, before Haiti be found on the list of non-cooperating countries, with all the consequences implied by the absence of the passage of this law, as was mentioned Jean Renel Sanon, Minister of Justice at the last seminar "Money transfer will be more expensive and Haitian banks that have deposits abroad, may have to pay fines on their account. The country will undergo economic sanctions and every citizen will be the victim."

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