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The
legislation gives US
banks the power to withhold a portion (up to 30%) of payments made to foreign
financial institutions that do not agree to release information on their
customers who have US accounts. In fact, they can even refuse to do business
with them altogether. Non-compliance would therefore have far-reaching effects:
critical banking services such as credit card use, wire transfers and
remittances would be cut off, Trinidad and Tobago's economy -- already sluggish
thanks to low energy prices -- would further weaken, and the general cost of
living and doing business would increase.
Yet, the
bill has still not been passed in the country's parliament. Even though the
government is unanimously voting for compliance, the current opposition --
which had put forward the bill when they were in government -- now appears to
be stonewalling its passage. The government has 23 members in the House of
Representatives, but 26 votes are needed to pass the bill. Despite its
insistence that “nobody wants to pass this bill more than [them]”, in the
parliamentary sitting of September 23, 2016, every single member of the
opposition voted “No” (54:46 on the timeline of this video). For its part, the
opposition has accused the government of “politicising the issue”.
The leader
of the opposition, Kamla Persad-Bissessar, explained that she and her
colleagues are worried about “the draconian provisions in the Bill, which are
in no way necessary to give effect to the agreement”.
In his
presentation to parliament, minister of finance Colm Imbert noted, “Clause 8 --
the opposition has a problem with this. Nothing in Section 4 of the Income Tax
Act, Data Protection Act or any other law of like effect prevents the
disclosure of information. The opposition maintains that this strips our
citizens of any protection that the law may give to them.”
Although
the government has said that they addressed three of the opposition's seven
concerns, the matter never went to debate. After Imbert made his presentation
in parliament last Friday, he asked the speaker of the house for a one-hour
adjournment, during which time the two sides could sit down and hammer out the
amendments to the bill. But the opposition refused. Soon after the
parliamentary sitting resumed, the opposition leader was reprimanded by the
house speaker and asked to leave. The rest of the opposition (save one member)
-- in an apparent show of solidarity -- walked out.
Theoretically,
parliament would be able to meet on September 30 and pass the bill just in time
to meet the deadline -- but that is the date on which the minister of finance
will present the country's 2017 budget, so there is no chance of FACTA being
tabled for discussion then. Unless the United
States agrees to extend the deadline, which at this point
seems likely, Trinidad and
Tobago will be left in a tenuous position.
No matter what happens, though, netizens are incensed.
Wired 868's
news blogger Mr Live Wire quipped: "Quite unhelpfully, Finance Minister
Colm Imbert booked his Budget speech on the same day. Presumably, Imbert did
not foresee that the [opposition United National Congress] UNC would feign such
a startling ignorance of what is at stake here."
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