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LATT: Non- Profit Bill harsh
■ Anna Ramdass
THE Non-Profit Organisations Bill, 2019 is 'harsh and repressive', according to the Law Association of Trinidad and Tobago (LATT).
The Law Association gave its views on the Bill in a letter to the Attorney General, dated November 22, 2018, which was signed by treasurer and attorney Theresa Hadad.
The Bill was passed in the House of Representatives on March 29, 2019, with 15 Government members voting for and 11 Opposition members voting against.
It is scheduled to be debated in the Senate today.
The AG wrote to LATT on October 11, 2018 seeking that it review the Bill. In its letter to the AG, the Law Association stated that its Committee of Corporate Commercial and Conveyancing Attorneys (the Committee) reviewed the proposed Bill. 'The proposed Bill effectively introduces a policing system towards non-profit organisations which we consider to be harsh and repressive and may ultimately have a negative impact on this sector,' LATT stated.
It expressed concern that serious implications for civil liberties and constitutional rights have not been considered.
It stated that there appears to be no attempt to find a balance in the State's monitoring of non-profit organisations for violation of AML/CTF legislation (Anti-Money Laundering and Counter- Terrorism Financing Act) and international obligations under the Financial Action Task Force's Recommendation 8.
'In light of the far-reaching effects and drastic changes the proposed Bill is intended to make, one would think the Government's approach would be incremental. Commencing first perhaps with the introduction of legislation which encourages a simple voluntary 'register', and working with financial institutions to ensure that all non-profit organisations that open accounts are registered,' it stated.
Thereafter, LATT recommended that a proper assessment of the sector is undertaken to ascertain whether there are potential violators in the sector of AML/CTF legislation, with the second wave of legislation coming from a more informed position, targeting, in the main, those potential violators.
'The Committee has therefore recommended that prior to the laying of the Bill in Parliament, a comprehensive risk-based assessment and review of non-profit organisations (incorporated and non-incorporated) be done. Further, a legal opinion ought be commissioned on the proposed Bill, and a detailed analysis of the impact and effect which the proposed changes will have on individuals' constitutional rights to freedom of association and civil liberties be undertaken, with the final report being laid before Parliament for consideration,' it stated. The Non-Profit Organisations Bill, 2019 seeks to provide for the registration of non-profit organisations, the establishment and maintenance of a register of non-profit organisations, the obligations of non-profit organisations and for related matters. The Bill would provide for the supervision and registration of non-profit organisations.
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