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 26, 27 and 28 February 2013, is still not passed by the Chamber of Deputies at 24 hours of the end of the moratorium and its negative consequences for the country...

Recall that after the first deadline not respected (15 March 2012), the Professional Association of Banks (APB) had obtained an additional delay until March 27, followed by a moratorium (until June 15, 2013) to avoid Haiti, to be classified as a non-cooperative country.

If nothing is done at the Chamber of Deputies after this date, the international Financial Action Task Force (FATF) will trigger the start of an investigation in Haiti, what will be badly received by the international partners, potential investors and the countries with which Haiti maintaining economic relations. At the end of its investigation, the FATF could take the decision to inform all countries that they must deal Haiti with caution and suspicion. The country will be then see as not cooperating State which support money laundering and terrorist financing.

Me Carlos Hercules, President of the Federation of Law Societies of Haiti asked the FATF to give Haiti a new moratorium, explaining that dur to of essential modifications to make to this law, the latter must, after the vote in the lower house, be resubmitted to the Senate for possible ratification in the same terms.

For Me Hercules, that is Article 38 in particular that 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," estimates Carlos Hercule.

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."

See also :

https://www.haitilibre.com/en/news-8226-haiti-justice-a-law-that-worries.html

https://www.haitilibre.com/en/news-8163-haiti-economy-haiti-risk-international-economic-sanctions.html

S/ HaitiLibre