Union senator questions government’s failure to enforce civil asset recovery law

Union Senator Glenfield Dennison is pressing the Government to explain why the Civil Asset Recovery and Unexplained Wealth Act has not been actively enforced, three years after it became law. Dennison raised the issue during Tuesday’s National Trade Union Congress of Belize press conference. He questioned whether the delay is due to a lack of political will, noting that the legislation was enacted in 2023 to strengthen the fight against corruption and other unlawful activity. The law formally came into force on August 3, 2023, through a commencement order signed by Prime Minister and Minister of Finance John Briceño. Dennison, however, says the public has seen little evidence that its enforcement provisions are being used.

Glenfield Dennison, Union Senator:  “I wonder why we don’t want to bring the Civil Assets Recovery and Unexplained Wealth into being ? Because you see what is happening throughout this country is public money is being funneled into private hands. People are exercising discretion using public funds to build their war chests, to build the generational wealth. And this piece of law is a part and parcel of all that is UNCAC. All that is to ensure that corruption is minimized so that when you have a house that is three stories by a seaside and you can’t explain how you got it that is for the people of Belize you know ? Because it’s through our money you got it. So I know my president said 90 days for these things but this could pass this week you know ? This is one order published in the gazette and we could start taking back house and land and stuff from people and assets that they have that they cannot explain how they got it. I want this now.”

The legislation designates the Financial Intelligence Unit as Belize’s Civil Recovery Authority. It allows the FIU to investigate property suspected of being acquired through unlawful conduct and to apply to the High Court for orders to freeze, manage or recover those assets. One of its main tools is the Unexplained Wealth Order. A case may be referred to the FIU when authorities reasonably suspect that a person’s wealth exceeds their lawful income, the wealth is valued at more than one hundred thousand dollars and the property may have been acquired through an offence. The High Court can then order the person to declare their assets and explain how the wealth was obtained. Anyone who knowingly submits false information can face a fine of up to one hundred and fifty thousand dollars and five years in prison. The law also allows the State to pursue property through civil proceedings without first securing a criminal conviction. Referrals may come from the FIU Director, the Director of the Belize Tax Service, the Comptroller of Customs, the Chairperson of the Integrity Commission or the Commissioner of Police. Dennison says that, without visible enforcement, the legislation cannot fulfil its intended purpose of recovering unlawfully acquired wealth and strengthening accountability. The Government and the FIU are yet to respond to his latest criticism.