DOCSLIB.ORG

Republic of Haiti

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Republic of Haiti Anti-money laundering and counter-terrorist financing measures Republic of Haiti Mutual Evaluation Report July 2019 Mutual Evaluation Report- Republic of Haiti 1 CONTENTS EXECUTIVE SUMMARY .......................................................................................................................... 4 Key Findings ............................................................................................................................................. 4 Risks and General Situation ...................................................................................................................... 7 Overall Level of Effectiveness and Technical Compliance ...................................................................... 8 Priority Actions ....................................................................................................................................... 14 Effectiveness & Technical Compliance Ratings ..................................................................................... 16 MUTUAL EVALUATION REPORT ........................................................................................................ 18 Preface ..................................................................................................................................................... 18 CHAPTER 1. ML/TF RISKS AND CONTEXT ........................................................................................ 20 ML/TF Risks and Scoping of Higher-Risk Issues ................................................................................... 21 Materiality ............................................................................................................................................... 27 Structural Elements ................................................................................................................................. 29 Background and other Contextual Factors .............................................................................................. 29 CHAPTER 2. NATIONAL AML/CFT POLICIES AND COORDINATION ...................................... 38 Key Findings and Recommended Actions .............................................................................................. 38 Immediate Outcome 1 (Risk, Policy and Coordination) ......................................................................... 39 CHAPTER 3. LEGAL SYSTEM AND OPERATIONAL ISSUES ...................................................... 46 Key Findings and Recommended Actions .............................................................................................. 46 Immediate Outcome 6 (Financial intelligence ML/TF) .......................................................................... 52 Immediate Outcome 7 (ML investigation and prosecution) .................................................................... 68 Immediate Outcome 8 (Confiscation) ..................................................................................................... 84 CHAPTER 4. TERRORIST FINANCING AND FINANCING OF PROLIFERATION ..................... 94 Key Findings and Recommended Actions .............................................................................................. 94 Immediate Outcome 9 (TF investigation and prosecution) ..................................................................... 98 Immediate Outcome 10 (TF preventive measures and financial sanctions) .......................................... 101 Immediate Outcome 11 (PF financial sanctions) .................................................................................. 105 CHAPTER 5. PREVENTIVE MEASURES ........................................................................................ 107 Key Findings and Recommended Actions ............................................................................................ 107 Immediate Outcome 4 (Preventive Measures) ...................................................................................... 109 FIs .......................................................................................................................................................... 109 CHAPTER 6. SUPERVISION ............................................................................................................. 120 Key Findings and Recommended Actions ............................................................................................ 120 Immediate Outcome 3 (Supervision)..................................................................................................... 122 CHAPTER 7. LEGAL PERSONS AND ARRANGEMENTS ............................................................ 133 Key Findings and Recommended Actions ............................................................................................ 133 Immediate Outcome 5 (Legal Persons and Arrangements) ................................................................... 135 CHAPTER 8. INTERNATIONAL COOPERATION ......................................................................... 142 2 Mutual Evaluation Report- Republic of Haiti Key Findings and Recommended Actions ............................................................................................ 142 Immediate Outcome 2 (International Cooperation)............................................................................... 143 TECHNICAL COMPLIANCE ANNEX .................................................................................................. 149 Recommendation 1 – Assessing Risks and applying a Risk-Based Approach ..................................... 149 Recommendation 2 – National Cooperation and Coordination ............................................................. 151 Recommendation 3 – Money laundering offence ................................................................................. 151 Recommendation–4 - Confiscation and provisional measures .............................................................. 153 Recommendation–5 - Terrorist financing offence................................................................................. 155 Recommendation 6 - Targeted financial sanctions related to terrorism and terrorist financing ............ 157 Recommendation 7 - Targeted financial sanctions related to Proliferation .......................................... 160 Recommendation 8 – Non-profit organisations..................................................................................... 160 Recommendation 9 – Financial institution secrecy laws....................................................................... 162 Recommendation 10 – Customer due diligence .................................................................................... 163 Recommendation 11 – Record-keeping ................................................................................................ 167 Recommendation 12 – Politically exposed persons .............................................................................. 169 Recommendation 13 – Correspondent banking .................................................................................... 170 Recommendation 14 – Money or value transfer services ...................................................................... 171 Recommendation 15 – New technologies ............................................................................................. 173 Recommendation 16 – Wire transfers ................................................................................................... 173 Recommendation 17 – Reliance on third parties ................................................................................... 175 Recommendation 18 – Internal controls and foreign branches and subsidiaries ................................... 176 Recommendation 19 – Higher-risk countries ........................................................................................ 177 Recommendation 20 – Reporting of suspicious transaction ................................................................. 178 Recommendation 21 – Tipping-off and confidentiality ........................................................................ 179 Recommendation 22 – DNFBPs: Customer due diligence ................................................................... 180 Recommendation 23 – DNFBPs: Other measures ................................................................................ 181 Recommendation 24 – Transparency and beneficial ownership of legal persons ................................. 182 Recommendation 25 – Transparency and beneficial ownership of legal arrangements........................ 185 Recommendation 26 – Regulation and supervision of financial institutions ........................................ 186 Recommendation 27 – Powers of supervisors ....................................................................................... 187 Recommendation 28 – Regulation and supervision of DNFBPs .......................................................... 189 Recommendation 29 - Financial intelligence units ............................................................................... 189 Recommendation 30 – Responsibilities of law enforcement and investigative authorities .................. 192 Recommendation 31 - Powers of law enforcement and investigative authorities ................................. 194 Recommendation 32 – Cash Couriers ................................................................................................... 195 Recommendation 33 – Statistics ..........................................................................................................
Load more

Recommended publications
  • Responses to Information Requests - Immigration and Refugee Board of Canada
    Responses to Information Requests - Immigration and Refugee Board of Canada Canada.ca Services Departments Français Immigration and Refugee Board of Canada Refugee Claims Refugee Appeals Admissibility Hearings Detention Reviews HomeImmigrationResearch Appeals Program Responses to Information Requests National Responses to Information Requests Documentation Packages Recent Research Responses to Information Requests (RIR) respond to focused Requests for Information that are submitted to the Research Directorate in the course of the Responses to refugee protection determination process. The database contains a seven-year Information Requests archive of English and French RIRs. Earlier RIRs may be found on the UNHCR's Refworld website. Please note that some RIRs have attachments which are not electronically accessible. To obtain a PDF copy of an RIR attachment, please email the Knowledge and Information Management Unit. 16 June 2016 HTI105534.FE Haiti: Procedures from the time a criminal complaint is filed until a judgment is rendered (2014-June 2016) Research Directorate, Immigration and Refugee Board of Canada, Ottawa Criminal complaint procedures are set out in the Code of Criminal Procedure (Code d’instruction criminelle). The code is attached to this Response. For information on the different types of complaints that can be filed with the police or judicial authorities in Haiti, see Response to Information Request HTI104873. 1. General Complaint Process In correspondence sent to the Research Directorate, a representative of the National Human Rights Defense Network (Réseau national de défense des droits humains, RNDDH), a human rights NGO in Haiti whose headquarters are in PortauPrince (RNDDH n.d.), stated the following: [translation] Our legislation sets out three (3) levels of offences that can be grounds for a complaint: petty offences, misdemeanours and felonies.
    [Show full text]
  • Haiti's Urban Crime Wave?
    STRATEGIC BRIEF | MARCH 2012 Haiti’s Urban Crime Wave? Results from Monthly Household Surveys August 2011 - February 2012 Athena R. Kolbe1 and Robert Muggah2 www.igarape.org.br Summary Haiti exhibited a dramatic escalation in criminal violence with Haitians reporting declining confidence in police institutions during the last six months (August 2011 to February 2012). For the first time since 2007, the incidence of violent crime and victimization has shown a consistent increase, and confidence in public institutions appears to be dropping quickly. Random household surveys conducted on a monthly basis between August 2011 and February 2012 indicate that violent crime is increasingly common, particularly over the past few months in the densely packed ‘popular’ zones of Haiti’s largest urban centers. This assessment is based on a longitudinal survey using random sampling methods. Specifically, households in the urban areas of Port-au-Prince, Les Cayes, Cap Haitien, Gonaives, St. Marc, Jacmel and Leogane were randomly selected and surveyed about their experiences with criminality and faith in public institutions. The survey sought to measure their exposure to insecurity and opinions regarding future safety. Collectively, these surveys demonstrate an increasing dissatisfaction with the government of Haiti after five years of growing confidence as well as fears that political uncertainty and turmoil will increase crime. The preliminary findings of the assessment are: • The number of reported homicides across all urban settings increased considerably between November 2011 and February 2012. Half of the reported murders occurred during armed robbery or attempted armed robbery. While Port- au-Prince’s overall homicide is low in comparaison to other Caribbean cities, this nevertheless represents a rate of 60.9 per 100,000, one of the highest recorded rates since 2004; • Property crime increased dramatically between October 2011 and February 2012.
    [Show full text]
  • Haiti News Roundup: October 6 – 24, 2005
    HAITI NEWS ROUNDUP: OCTOBER 6 – 24, 2005 International donors half-way to fulfilling Haiti aid pledge Caribbean Net News Monday, October 24, 2005 BRUSSELS (AFP): International donors have given Haiti some 600 million dollars so far to see it through a transition phase and help its next government, they said in a joint declaration on Friday. The money is half the amount of one billion dollars promised under the interim cooperation framework (CCI) aimed at meeting the priorities of the violence-scarred and impoverished island state. "The meeting in Brussels has allowed us to underline that the engagements undertaken in respect of Haiti are confirmed and will be respected," the joint statement said. The donors also said they would extend the cooperation framework by a year until the end of 2007 to allow the new government, due to take office in February, "the time and the means to continue reforms." A new conference will take place at the end of next year to "mobilise the additional finances necessary for this extension." Haiti and the donors at the two-day conference in Brussels also reaffirmed that the "transfer of power to a new elected government must happen in line with the timeframe set out in the constitution; that is February 7, 2006." At a press conference earlier, Prime Minister Gerard Latortue promised that long-delayed general elections in Haiti, the first since the fall of president Jean Bertrand Aristide, would start in December. "The first round of the presidential and legislative elections will take place in December, probably in the first half of the month," he said.
    [Show full text]
  • Is Tourism Haiti's Magic Bullet?
    STRATEGIC NOTE 9 | JUNE 2013 Is Tourism Haiti’s Magic Bullet? www.igarape.org.br An Empirical Treatment of Haiti’s Tourism Potential Athena R. Kolbe, Keely Brookes and Robert Muggah A french tourist negotiates the price of raspberries outside of the Baptist Mission Bakery, a popular destination for religious service groups visiting Haiti. The Haitian government has elevated tourism to the top of its development agenda. Yet prospects for success are uncertain. This assessment is the first empirical treatment of the attitudes and perceptions of tourists and service providers in Haiti. It is based on a survey of more than 2,000 tourists and 390 industry professionals. It finds that just over 3% of tourists reported crime victimizaiton and that the current tourism model should be revisited. IGARAPÉ INSTITUTE | STRATEGIC NOTE 9 | JUNE 2013 Introduction Tourism is often described as key to Haiti’s salvation. The economic potential of foreigners visiting the island nation is cited in virtually all major assessments of the country’s current development problems. This may seem at first counter- intuitive: the impoverished and disaster-stricken country has long-struggled with violence and political instability. But it is increasingly regarded as necessary. Immediately after the January 2010 earthquake it was recognized that strategic investments would be needed to secure Haiti’s economy once foreign aid had diminished.1 Tourism was recently elevated to a top priority by Haiti´s current administration and the Ministry of Tourism. The government hopes that an influx of foreign currency generated by tourist dollars could help lift the country out of aid-dependency.2 This is not as surprising as it may seem.
    [Show full text]
  • Haiti 2019 Human Rights Report
    HAITI 2019 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Haiti is a constitutional republic with a multiparty political system. Voters elected Jovenel Moise as president for a five-year term in national elections held in November 2016, and he took office in February 2017. The most recent national legislative elections were held in 2016; international observers considered the elections free and fair. Prime Minister Jean Henry Ceant departed office in March after a vote of no confidence in the lower house of parliament. Legislative elections planned for October 2019 did not take place. As of December, parliament had not approved a new prime minister and cabinet, nor a budget for the 2018-19 fiscal year. The Haitian National Police (HNP), an autonomous civilian institution under the authority of a director general, maintains domestic security. The HNP includes police, corrections, fire, emergency response, airport security, port security, and coast guard functions. The Ministry of Justice and Public Security, through its minister and the secretary of state for public security, provides oversight to the HNP. The Superior Council of the National Police, chaired by the prime minister, provides strategic guidance to the HNP. The Superior Council also includes the HNP director general, HNP chief inspector general, minister of the interior, and minister of justice. Civilian authorities generally maintained effective control over security forces. Significant human rights issues included allegations of unlawful killings by police; excessive use of force by police; arbitrary and prolonged pretrial detention; harsh and life-threatening prison conditions; a judiciary subject to corruption and outside influence; physical attacks on journalists; widespread corruption and impunity; crimes involving violence or threats of violence targeting persons with physical, mental, and developmental disabilities; and sexual and gender-based violence and discrimination.
    [Show full text]
  • Violence Against Women and Domestic Violence
    Home > Research > Responses to Information Requests RESPONSES TO INFORMATION REQUESTS (RIRs) New Search | About RIRs | Help 16 June 2011 HTI103716.FE Haiti: Violence against women and domestic violence; in particular, the protection, services and recourse offered to victims, particularly in Jérémie, Cayes and Gonaïves (2009 - March 2011) Research Directorate, Immigration and Refugee Board of Canada, Ottawa In a report published in January 2011, Amnesty International (AI) notes that sexual and gender-based violence are "omnipresent" in Haiti, although women and girls were already at high risk of being raped or subjected to other forms of sexual violence prior to the earthquake (AI Jan. 2011, 4). Likewise, according to a January 2011 Human Rights Watch report, the rate of sexual violence prior to the earthquake was high, but conditions in the camps have made women and girls even more "vulnerable." An article published on 20 October 2010 by the United Nations Children's Fund (UNICEF) states that many women and girls have become even more "vulnerable" because they have been separated from their family and must live alone. The UN Special Rapporteur on Violence Against Women stated that she "... received numerous reports on the rise in violence against women and girls, in particular rape and domestic violence in IDP camps and elsewhere." However, the Rapporteur does not provide the timeframe for this increase in violence (UN 11 Oct. 2010, 6). Doctors without Borders (Médecins sans frontières, MSF) states that they have treated 212 victims of sexual violence between January and May 2010 (MSF July 2010, 19). In a November 2010 report that was sent to the Research Directorate on 16 February 2011, Solidarity Fanm Ayisyen (Solidarité Fanm Ayisyen, SOFA), a women's rights organization (Oxfam 18 Feb.
    [Show full text]
  • Haitian Refugees
    HUMAN RIGHTS WATCH/AMERICAS NATIONAL COALITION FOR HAITIAN REFUGEES October 1995 Vol. 7, No. 11 HAITI HUMAN RIGHTS AFTER PRESIDENT ARISTIDE===S RETURN CONTENTS I. SUMMARY AND RECOMMENDATIONS..........................................................2 II. HUMAN RIGHTS OVERVIEW.............................................................................9 HUMAN RIGHTS VIOLATIONS...................................................................9 ESTABLISHING ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS .............................................................................................13 II. INSTITUTIONAL REFORMS IN HAITI.............................................................16 SECURITY FORCES: FORMER SOLDIERS AND NEW POLICE................16 REFORMING HAITI=S JUSTICE SYSTEM..................................................21 RESTRUCTURING HAITI=S PRISON SYSTEM ..........................................23 ELECTIONS................................................................................................26 IV. INTERNATIONAL AND U.S. POLICY .............................................................28 V. ACKNOWLEDGMENTS .....................................................................................33 Human Rights Watch / Americas National Coalition for Haitian Refugees 1522 K Street, N.W., #910 275 Seventh Avenue, 25th Floor Washington, DC 2000520005----12021202 New York, NY 10001 Tel: (202) 371371----65926592 Tel: (212) 337337----00050005 Fax: (202) 371371----01240124 Fax: (212) 337337----00280028 I. SUMMARY AND
    [Show full text]
  • Haiti Earthquake Response: Context Analysis 3 Acknowledgements
    Haiti Earthquake Response Context Analysis July 2010 Authors: Nicole Rencoret, Abby Stoddard, Katherine Haver, Glyn Taylor and Paul Harvey Humanitarian Outcomes is an independent team of professionals providing evidence-based analysis and policy consultations to governments and international organisations on their humanitarian response efforts. ALNAP is a unique sector-wide network in the international humanitarian system, made up of key humanitarian organisations and leading experts in the field. The broad range of experience and expertise from across the membership is at the heart of ALNAP’s efforts to improve humanitarian performance through learning and accountability. Contents Acronyms 5 1 Introduction 7 2 Political, economic and social context 8 2.1 Political context 9 2.2 Economic context and ODA 10 2.3 Social context 12 3 Lessons learnt and evaluations of disaster responses 14 3.1 Lessons learnt from past responses to disasters 14 3.2 Lessons learnt from past responses to disasters in Haiti 16 4 Key issues on the response to the 12 January earthquake 19 4.1 Coordination, leadership and national capacities 19 4.2 Security and civil-military coordination 21 4.3 Financing 23 4.4 Assessments 25 4.5 Information management and communication 27 4.6 Cross-cutting issues 28 4.7 Targeting beneficiaries 30 4.8 Recovery 32 5 Draft shared evaluation framework for Haiti response 33 5.1 Purpose of the instrument 33 5.2 Evaluation approach and methods 34 5.3 Composition of the framework 35 References 42 Annex 1. ALNAP Haiti evaluation mapping 53 Haiti earthquake response: Context analysis 3 Acknowledgements ALNAP and the Humanitarian Outcomes team would like to thank the wide range of individuals and organisations that assisted and supported this study by sharing documents and giving their valuable time for interviews.
    [Show full text]
  • Revisiting Haiti´S Gangs and Organized Violence
    H i C N Households in Conflict Network The Institute of Development Studies - at the University of Sussex - Falmer - Brighton - BN1 9RE www.hicn.org Revisiting Haiti´s Gangs and Organized Violence Athena R. Kolbe HiCN Working Paper 147 June 2013 Discussion Paper 4 June 2013 Revisiting Haiti´s Gangs and Organized Violence Athena R. Kolbe1 Executive Summary Though a preoccupation with organized violence has dominated much of the discourse on politics and development in Haiti, little research exists on Haiti’s urban gangs and insurgent groups. This paper examines urban gangs through intensive and residents of areas in which they operate. Drawing on a combination of qualitative and quantitative methods, the paper sets out to examine whether Haiti´s gang-related violence constitutes a “war” using criteria embedded in the Geneva Conventions. views and experiences of armed group members and Haitian civilians. Introduction political dilemmas without being confronted with the specter of armed urban gangs. These omnipresent groups are credited with overthrowing governments, silencing the political opposition, preventing foreign and local investment, creating a nascent 2 While many narratives have been advanced about the origin of Haiti’s armed gangs, most are similar in form and 1 HASOW DISCUSSION PAPER 4: REVISITING HAITI´S GANGS AND ORGANIZED VIOLENCE “[President] Aristide resorted to distributing weapons to youth groups provided to defend Aristide also gave the groups the wherewithal to commit crimes and dominate neighborhoods. With his departure, There is scant This narrative, as well as others describing the role and behavior of these groups, empirical has shaped the character of stabilization and development activities.
    [Show full text]
  • 8 Haiti: NGO Sector Study
    Report No. 17242-HA Haiti The Challenges of Poverty Reduction (In Two Volum-les) Volume Il: Technical Papers Public Disclosure Authorized August1998 PovertyReduction and EconomicManagement Unit and CaribbeanCountry Management Unit Latin Americaand the CaribbeanRegion Public Disclosure Authorized Public Disclosure Authorized . Public Disclosure Authorized 1. CURRENCY EQUIVALENTS Currency Unit: Haitian Gourde (G) G 16.046 = US$1.00 (August 3,1998) 2. FISCAL YEAR January 1 - December 31 3. ACRONYMS AND ABBREVIATIONS CGP Communal Governance Program FONHEP Haitian Private Education Foundation GDP Gross Domestic Product GNP Gross National Product HIMO Labor Intensive NGO Non-Governmental Organization PCE Employment Generation Project PRECJ Program for Rehabilitation of Schools, Health Centers and Judicial Courts PRH/EU Rehabilitation Program for Haiti/European Union PURE Emergency Economic Recovery Program UNICEF United Nations Children's Fund USAID United States Agency for International Development Vice President Shahid Javed Burki Country Director Orsalia Kalantzopoulos Sector Director Guillermo Perry Task Manager Judy Baker Haiti Poverty Assessment Volume II: Technical Papers Contents 1. Rural Poverty in Haiti Thomas Wiens and Carlos Sobrado 2. Gender and Poverty in Haiti Maria Correia 3. Food Security Issues in Haiti Gerard Gagnon 4. MVicroenterpriseDevelopment and Job Creation in Haiti John Currelly 5. Health and Nutrition Sectors Miriam Schneidman and Ruth Levine 6. E,quity and Quality in Private Education Jamil Salmi 7. Review of the Impact and Effectiveness of Donor-Financed Poverty Alleviation Programs Garry Charlier 8. NGO Sector Study Alice Morton 9. Social Capital and Governance in Haiti: Traditions and Trends Tl Anderson White and Glenn R. Smucker 1 RURAL POVERTY IN HAITI THOMASWIENS ANDCARLOS E.
    [Show full text]
  • Haiti 2020 Human Rights Report
    HAITI 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Haiti is a constitutional republic with a multiparty political system. The most recent national legislative elections were held in November 2016; international observers considered the elections free and fair. Jovenel Moise was elected as president for a five-year term and took office in February 2017. Due to political gridlock and the failure of parliament to approve an elections law and a national budget, parliamentary elections scheduled for October 2019 did not take place. In January parliament lapsed, leaving only 10 senators and no deputies remaining in office, and President Moise began to rule by decree. In March, President Moise appointed Joseph Jouthe as prime minister to head a new government. The president subsequently reappointed or replaced all elected mayors throughout the country when their terms ended in July. As of November the president was the sole nationally elected leader empowered to act, as the 10 senators remaining in office were unable to conduct legislative activities due to a lack of quorum. The Haitian National Police, an autonomous civilian institution under the authority of a director general, maintains domestic security. The Haitian National Police includes police, corrections, fire, emergency response, airport security, port security, and coast guard functions. The Ministry of Justice and Public Security, through its minister and the secretary of state for public security, provides oversight to the Haitian National Police. The Superior Council of the National Police, chaired by the prime minister, provides strategic guidance to the national police force. The Superior Council also includes the director general and the chief inspector general of the Haitian National Police, the minister of the interior, and the minister of justice.
    [Show full text]
  • Crime Rates in Haiti (2003-2013)
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Georgia State University Georgia State University ScholarWorks @ Georgia State University Political Science Theses Department of Political Science Summer 8-7-2018 What Difference do the Government Institutions of Haiti and the Government Institutions of the Dominican Republic Make for Tourism Growth? Ludmilla Anglade Follow this and additional works at: https://scholarworks.gsu.edu/political_science_theses Recommended Citation Anglade, Ludmilla, "What Difference do the Government Institutions of Haiti and the Government Institutions of the Dominican Republic Make for Tourism Growth?." Thesis, Georgia State University, 2018. https://scholarworks.gsu.edu/political_science_theses/73 This Thesis is brought to you for free and open access by the Department of Political Science at ScholarWorks @ Georgia State University. It has been accepted for inclusion in Political Science Theses by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. WHAT DIFFERENCE DO THE GOVERNMENT INSTITUTIONS OF HAITI AND THE GOVERNMENT INSTITUTIONS OF THE DOMINICAN REPUBLIC MAKE FOR TOURISM GROWTH? By LUDMILLA MARIE ANGLADE Under the Direction of Under the Direction of Henry Carey, PhD ABSTRACT This comparative case study examines the actions that the Haitian and Dominican governments, respectively, have taken to develop and sustain tourism within their borders. My premise is that governments, through state institutions and policies, can implement branding strategies that impact and change existing country image perceptions. Expanding on the determinants of tourism demand literature, I present a theoretical framework for how government institutions collaborate to create a favorable country brand by investing in the development of functional benefits {public safety and infrastructure quality}.
    [Show full text]