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Statement by Bank of Jamaica Concerning Previous Regulatory Actions Involving Alliance Financial Services Limited

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Bank of Jamaica (BOJ) takes note of the recent Court Decision in the matter involving Alliance Investment Management Limited (AIML), which is not a licensee of the Bank, and public commentary related to the actions taken by the Bank in December 2021 to suspend the cambio and remittance operating licences issued to then AIML-affiliated company Alliance Financial Services Limited (AFSL) effective 3 December 2021. The Bank’s actions also included the revocation of the authorisation granted to AFSL to operate in the Bank of Jamaica Fintech Regulatory Sandbox as a payment service provider effective 3 December 2021.

As stated by the Bank at the time, the regulatory actions became necessary after the Financial Investigations Division (FID) on 2 December 2021 charged AFSL’s principals and two AFSL-affiliated companies at the time (AIML and Alliance Finance Limited (AFL)) with several offences under the Bank of Jamaica Act and the Banking Services Act. Bank of Jamaica is aware that investigations by the FID into the Alliance Group began around 2018. However, it was only after formal charges were laid against the entities and their principals by the FID following the requisite ruling by the Office of the Director of Public Prosecutions, that BOJ took the regulatory action of the suspension of licences to safeguard the financial system. The formal charging of the entities and their principals raised serious “fit and proper” considerations for their continued operation of financial services under the Bank of Jamaica Act and the Banking Services Act.

Alliance Finance Limited subsequently pleaded guilty in the St. Andrew Parish Court to several breaches of the Bank of Jamaica Act and the Banking Services Act and was fined. These breaches for which AFL was convicted related to “Carrying on the Business of Lending in Foreign Currency in breach of the Bank of Jamaica Act” and “Accepting Deposits Without the Requisite Licence in breach of the Banking Services Act.” The breaches involved engaging in economic activities which are regulated and which require an extensive application process, extensive due diligence checks and continuous monitoring throughout the life of the licence in the case of the Banking Services Act. The breaches also involved engaging in the business of lending in foreign currency without the requisite authorisation that allows for review, due diligence and monitoring mechanisms being applied to ensure continued order in the foreign Exchange market. These represent breaches of the substantive framework of financial services regulated by Bank of Jamaica. One consequence of such breaches is being rendered unfit to own and operate financial services in the financial system.

Bank of Jamaica is also aware of legal action initiated in the Supreme Court by the FID related to criminal forfeiture regarding the offences for which AFL was convicted in relation to the Bank of Jamaica Act and the Banking Services Act.

Bank of Jamaica maintains that its actions taken in December 2021 to suspend the cambio and remittance operating licence of AFSL and to revoke the authorisation granted to AFSL to operate in the BOJ Fintech Regulatory Sandbox as a payment service provider, were necessary as the allegations at the time threatened the good order in the foreign exchange market and payment systems as well as the reputation and good standing of the Jamaican financial system internationally. It is important to note that BOJ’s regulatory actions were the subject of judicial review, and finding in the Bank’s favour, the Court of Appeal noted in its 2022 judgment in the matter of Alliance Financial Services Limited v Bank of Jamaica that, “the risk to the financial sector outweighed the economic loss and inconvenience AFSL may suffer as a result of the continuation of the suspension.”

Bank of Jamaica remains committed to fulfilling its mandate to ensure the stability of the Jamaican financial system and the effective and impartial supervision of its licensees.

It is also to be noted that Alliance’s divestment of business was a strategy and activity pursued by the principals of Alliance as their own business decision.

It is also to be noted that Alliance’s divestment of business was a strategy and activity pursued by the principals of Alliance as their own business decision. Bank of Jamaica had no part in that decision or transaction. On 1 April 2022, BOJ publicly advised that AFSL, under a new ownership structure, applied for a cambio and remittance licence, and having satisfied the Bank’s due diligence requirements, was licenced to offer cambio and remittance services at approved locations effective 23 March 2022.

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Jamaica Successfully Concludes 18-Month IMF Programme

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Jamaica has successfully completed the 18-month International Monetary Fund (IMF) programme under the Precautionary and Liquidity Line (PLL) and Resilience and Sustainability Facility (RSF).

Economic Programme Oversight Committee (EPOC) Chairman, Keith Duncan, said the IMF Executive Board concluded the third and final reviews on August 30.

“The PLL continues to be treated as precautionary and the completion of the reviews allow for an immediate disbursement of US$980 million under the PLL and US$258 million under the RSF, which was drawn on by the BOJ (Bank of Jamaica) on September 4, 2024,” Mr. Duncan explained.

He was addressing Friday’s (September 13) EPOC Quarterly Press Briefing, which was held virtually.

Mr. Duncan said that all structural benchmarks were achieved and the BOJ exceeded the indicative target for net international reserves.

“A target that was narrowly missed due to a smaller-than-expected surplus at March 31, 2024, had a negligible impact on the debt consolidation plan,” he noted.

Meanwhile, Mr. Duncan said the Fiscal Commission is to commence operation in the calendar year 2025.

The Commission, which will be the guardian and interpreter of Jamaica’s fiscal rules, will monitor compliance with these, report on outcomes and keep the public informed by providing independent analysis on fiscal policy developments.

In March 2023, Courtney Williams was sworn in as Jamaica’s first Fiscal Commissioner.

By: Judith A. Hunter, JIS

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Bank Of Jamaica Consulting Stakeholders on Practice Period for Twin Peaks Model of Financial Regulation

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The Bank of Jamaica (BOJ) is holding consultations with key stakeholders on the Twin Peaks Model of Financial Regulation and Supervision as part of the implementation of a practice period, prior to the passage of supporting legislation.

These talks are being held with several groups, including the Insurance Association of Jamaica (IAJ), Jamaica Bankers Association (JBA), Jamaica Securities Dealers Association (JSDA) and Pension Industry Association of Jamaica (PIAJ).

This was disclosed by BOJ Governor and Financial Services Commission (FSC) Chairman, Richard Byles, during the inaugural IAJ business conference at the Jamaica Pegasus Hotel in New Kingston on Wednesday (September 11).

Mr. Byles, who delivered the keynote address during the opening ceremony, said while the Twin Peaks legislation is not expected to be enacted before 2026, it is imperative that elements of the new system be instituted prior to its passage.

These elements include improved standards relating to market conduct and consumer protection, similar to the recently introduced guidelines for the operation of automated banking machines (ABMs) by deposit-taking institutions, including commercial banks.

“Twin Peaks is really an effort to reorganise who supervises what… and what will happen is that the Bank of Jamaica will be responsible for all institutions in the financial sector, from a prudential point of view; that means balance sheets, profit and loss, that aspect of the operation of institutions in the financial network. The Financial Services Commission will be responsible for all [of the] financial sector from the point of view of market conduct and customer protection,” Mr. Byles stated.

“So, the Bank of Jamaica will have a 360-degree view of all of the financial network, prudentially, and the FSC will have a 360-degree view of all the financial network from a market conduct and customer protection point of view,” he added.

Bank of Jamaica (BOJ) Governor, Richard Byles, shares pleasantries with (from left) Insurance Association of Jamaica (IAJ) President, Sharon Donaldson, and Vice President, Rosemarie Henry, during the IAJ’s inaugural business conference at The Jamaica Pegasus hotel in New Kingston on Wednesday (September 11).

Mr. Byles said the discussions will also enable stakeholders from the various groups to raise any concerns they may have about the new regulatory model.

“It is a way for them to see what we want and for us to know what is possible, and what may be a bit too far at this point in time,” the Governor further stated.

Under the Twin Peaks Model, which was announced in 2023 by Minister of Finance and the Public Service, Dr. the Hon. Nigel Clarke, BOJ will assume full responsibility for prudential supervision of all bank and non-bank financial institutions from the FSC.

The Commission will be transformed into a new regulatory entity that supervises these institutions from the perspective of market conduct and protection of consumers of financial services.

By: Chris Patterson, JIS

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Jamaica Stock Exchange Regional Conference “Guyana’s Capital Markets: Wealth Creation and Retention”.

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This conference will be held on October 8 – 9, 2024, at the Pegasus Suites and Corporate Centre, Seawall Road, Kingston – Georgetown, Guyana.

Guyana’s Conference will be centred on the theme, “Guyana’s Capital Markets: Wealth Creation and Retention”. The President of the Co-operative Republic of Guyana and Commander-in-Chief of the Armed Forces, His Excellency Dr Mohamed Irfaan Ali is expected to open the Conference. He will be joined by visiting government dignitaries from Jamaica, other Caribbean Regions, and the rest of the Diaspora.

For More Information CLICK HERE

 

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Jamaica and Brazil Forge Partnership to Promote Tourism Resilience – Bartlett

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Discussions on Jamaica-Brazil Airlift Agreement Well Advanced

The Jamaica based Global Tourism Resilience and Crisis Management Centre (GTRCMC) and Brazil’s Ministry of Tourism have signed a groundbreaking Memorandum of Understanding (MOU) to facilitate cooperation in boosting tourism resilience.

The areas of cooperation covered under the MOU include: Climate resilience in tourism; Entrepreneurial tourism resilience; Tourism security resilience; and Tourism pandemic resilience.

Minister of Tourism, Hon. Edmund Bartlett revealed that the partnership will also see the establishment of a GTRCMC satellite centre at the University of San Luis.

This partnership, formalised during a ceremony in São Luís, Brazil, earlier this week, seeks to equip stakeholders with the tools to navigate future challenges and build a more resilient tourism industry.

Minister Bartlett, who signed the MOU alongside his Brazilian counterpart, Hon. Celso Sabino and Governor of Maranhão, Carlos Brandão, emphasised the importance of this collaboration.

“Building resilience has become the foundation on which sustainability can be achieved. So, my colleague, Minister Sabino and I will build, together, an intellectual institution to develop resilience and make stakeholders capable of recognising difficulties and overcoming them quickly, with the best information, good ideas and innovation,” Minister Bartlett said.

It was noted that the establishment of the GTRCMC satellite centre at the University of San Luis will take place in September 2024, coinciding with the G20 Tourism Ministers’ meeting, at which Minister Bartlett is expected to present on tourism resilience and sustainability.

Additionally, Jamaica is poised to become the most connected English-speaking Caribbean destination to Brazil and by extension South America, following high-level discussions led by Minister Bartlett, and his Brazilian counterpart, Minister Sabino.

The discussions focused on securing full air connectivity between the two countries and strengthening tourism collaboration.

Minister Bartlett also noted that the Brazilian government has expressed its willingness to offer incentives to airlines operating this route, a significant step towards enhancing connectivity and facilitating travel between the two countries.

“This will undoubtedly deepen our social and cultural ties to South America, opening the door to new economic opportunities for all countries in the region. Our meetings with Brazilian stakeholders underscore our commitment to fostering sustainable growth and expanding Jamaica’s reach in Latin America,” Minister Bartlett added.

Minister Bartlett’s visit to Brazil also included meetings with public and private sector stakeholders, where discussions focused on further strengthening the tourism partnership.

Mr. Bartlett further explained that the collaboration is expected to significantly increase the number of Brazilian visitors to Jamaica, contributing to the country’s economic growth and development.

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Private Sector Invited to Seize Growth Opportunities in Jamaica

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Private-sector stakeholders are being encouraged to seize growth opportunities in Jamaica.

Minister of Industry, Investment and Commerce, Senator the Hon. Aubyn Hill, made the call while addressing the Private Sector Organisation of Jamaica (PSOJ) Partners’ Circle Meeting at the entity’s head office in Kingston on Friday (August 23).

He emphasised the potential for economic growth through strategic partnerships and innovative initiatives within Jamaica’s business landscape.

Senator Hill further highlighted the importance of leveraging local resources to stimulate economic development.

“Making houses is one of the things that we can do. You have the land or you can get the land from [the National Housing Trust] NHT, and if you build to the [specifications] and price point of the NHT, they will buy the houses off you,” he stated.

Senator Hill said the focus should be on scalable housing projects that can create employment opportunities and empower individuals to become homeowners.

In response to the Minister’s call for innovation in the housing sector, Managing Director, Caribbean Cement Company, Jorge Martinez Mora, shared insights into the entity’s US$50-million investment to expand production capacity by 25 to 30 per cent.

“Right now, the market is one million, and with this increased capacity, we’ll be able to cover [demand],” he said.

Mr. Mora further emphasised the need to train Jamaicans in cutting-edge building techniques, to meet the industry’s evolving demands, signalling a commitment to skills development within the workforce.

Meanwhile, Senator Hill underscored the untapped potential of crops that could yield significant economic rewards for Jamaica if they were treated as orchard crops.

He referred to food items such as breadfruit, avocado, ackee and mango, urging business owners to view these crops as viable commodities for economic growth.

Highlighting the need for enhanced security measures in agricultural operations, Minister Hill drew parallels between securing perishable goods, like mangoes, and protecting valuable assets in the business world.

In a notable example of government support for local businesses, he recalled a scenario where Lydford Mining Company bought equipment for US$2.4 million and got back US$500,000 in customs duties and fees waived, as a result of the Productive Input Relief (PIR).

As such, the Minister extended an invitation for manufacturers to explore similar cost-saving opportunities through customs duty waivers, emphasising the importance of maximising incentives to drive industry growth.

Senator Hill encouraged the PSOJ Partners’ Circle to explore collaborative ventures in Special Economic Zones (SEZs), particularly highlighting the Caymanas location in St. Catherine as a prime investment destination.

With significant tax benefits and government support for private-sector ventures in SEZs, he underscored the potential for creating a robust consortium of Jamaican businesses to capitalise on emerging opportunities.

PSOJ President, Metry Seaga, echoed Minister Hill’s sentiments, advocating for members to consider SEZ investments as a strategic pathway for expanding their businesses.

Mr. Seaga emphasised the Caymanas Economic Zone’s strategic advantage as an ideal SEZ location, due to its accessibility and infrastructure support.

By: Andrew Laidley JIS

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