Jamaica Gleaner
Published: Tuesday | June 23, 2009
Home : Letters
Legal absurdity
The Editor, Sir:

There is a principle of law that a statue should be interpreted as far as possible to avoid absurdity. This rule is not being followed in respect of some provisions of the Proceeds of Crime Act and regulations made under it. There are banks, insurance and investment companies and similar institutions which interpret and apply that statue in a way which is not only absurd, but contemptuous and offensive.

The interpretation by some of these institutions seems to presume that anyone who seeks to open and operate even a modest bank account, or invest even a few dollars, or insure even a jalopy (to comply with the law) is a money launderer or despicable conspirator.

Requirements

Some insurance companies require a client to state in writing (1) the source of funds used to pay premiums (2) whether he/she or any immediate relative or close associate is a senior politician, senior government, judicial or security force official or executive of a political party in any country.

(3) whether he/she or any close relative (spouse, children, parents, siblings) is connected in any way (personal or business) to the insurance company or any other company in the group to which it belongs. The client may also be asked to declare that, any misrepresentation whatsoever may render the insurance of no effect."

Full-blown bureaucracy

Recently, I refused to execute two customer information forms to renew a motor vehicle and a homeowner's policy. I had been insured with the company for well over 30 years. The forms required me to supply most of the information set out above.

To add the name of a beneficiary to a bank or investment account is an exercise in full-blown bureaucracy. Indeed, it is impossible as what the account holder is now required to do is to open a new account jointly with the 'beneficiary'.

Not long ago, my driver's licence expired and two of these institutions which had copies on their files (one for about two years and the other for a few months) asked to see copies of my new one. I asked one to justify the request and was referred to the proceeds of Crime (Money Laundering Prevention) Regulations 2007. I have refused to produce my new driver's licence. The expiration of my driver's licence does not affect my identity or identification, I did not expire. The new licence is not a certificate of resurrection.

I am, etc.,

BERESFORD HAY

P.O. Box 1191

Kingston 8

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