17 June, 2019

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Central Bank Response To Muttukumaru’s Allegations Against CBSL Governor Dr. Indrajit Coomaraswamy

This refers to the column appearing in the Opinion Section of Colombo Telegraph on 10.01.2019 under the caption “Governor Indrajit and EU ‘Blacklist’ On Money Laundering” by Mr. Amrit Muttukumaru, which carries erroneous allegations against Dr. Indrajit Coomaraswamy, the Governor and the Central Bank of Sri Lanka (CBSL). Therefore, CBSL wishes to provide the following information to readers of Colombo Telegraph to be aware of the action taken by the CBSL so far since July 2016, with respect to issues raised in the above article under reference.

Dr. Indrajit Coomaraswamy – Governor CBSL

a)  In November 2017, Sri Lanka was listed as a jurisdiction with strategic Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) deficiencies in the Financial Action Task Force’s (FATF) Compliance Document (more commonly identified as “the Grey List”). Upon listing, a time bound action plan to address the strategic deficiencies identified in relation to AML/CFT was provided to Sri Lanka.

Since the listing, Sri Lanka has made a high-level political commitment and taken effective and tangible steps to implement the FATF Action Plan including passing Trust Ordinance (Amendment) Act No 6 of 2018, Mutual Assistance in Criminal Matters (Amendment) Act No 24 of 2018, Issue of Regulation implementing United Nations Security Council on DPRK and Iran, issuance of various directives and guidelines on the implementation of Regulation on DPRK and Iran, Issue of Customer Due Diligence Rule for Designated Non- Finance Businesses, implement risk-based supervision, enforcement actions and outreach for financial institutions and designated non-finance businesses.

The Governor, as the Chairman of the National Coordinating Committee established to coordinate AML/CFT matters, is committed to support global efforts in combating money laundering and terrorist financing and increasing Sri Lanka’s compliance level with the FATF Recommendations.

b)  Regarding EAP group of companies and whether CBSL has done the appropriate due diligence; CBSL wishes to inform that all relevant parties were instructed to carry out the transaction in compliance with applicable laws, rules and regulations. Further, the banks concerned have proved confirmation as to the conformity with applicable laws, when funds were received to the country under this transaction.

c) The Central Bank of Sri Lanka (CBSL) has taken several regulatory actions against Perpetual Treasuries Limited, including the suspension of business and activities with effect from 06.07.2017, based on the findings of the regulatory investigations carried out by the CBSL and the recommendations made by the Presidential Commission of Inquiry (PCoI). Further, criminal proceedings against Perpetual Treasuries Limited and several individuals connected to the irregularities have also been initiated based on a complaint made to the Criminal Investigations Department by the CBSL.

Steps have also been initiated by the CBSL, by way of civil recovery action, to recover the unlawful gains made by Perpetual Treasuries Limited at the expense of the Employees’ Provident Fund.

d)  A press notice is to be issued in a few days on the action taken by the Monetary Board of the Central Bank of Sri Lanka in carrying out forensic audits to implement recommendations of the Report of the Presidential Commission of Inquiry into Treasury bond issuances and this notice will also be available on the CBSL website.

e)  On politically exposed persons being directors of banks, the CBSL being a statutory body is required to act upon the statutory powers afforded to it. In terms of the provisions of statutes administered by CBSL, there is no legal restriction for the politically exposed persons (PEPs) to be appointed as directors of banks. The criteria for the appointment, election and nomination of directors of licensed banks have been provided for in Section 42 of the Banking Act No. 30 of 1988, which does not impose any specific restriction on PEPs to be appointed, elected or nominated as directors of such banks.

Section 42 of the Banking Act, authorizes the Director of Bank Supervision (DBS) to assess the fitness and propriety of a person to be appointed as a director of a licensed bank, and accordingly, number of factors are considered by DBS, inter alia, possession of academic and professional qualifications, effective experience in banking, finance, business or administration, findings of any regulatory/supervisory authority, conviction by any Court in Sri Lanka or abroad etc., prior to granting his approval for such appointment. If a person satisfies the criteria given in section 42 of the Banking Act, DBS has the authority to approve such person as a director of a licensed bank, irrespective of his relationship with PEPs, since such relationship or affiliation has not been specified in the quoted section as a means of disqualification for being appointed as a director.

Accordingly, CBSL reiterates the fact that there is no restriction for appointments of PEPs as Board members of licensed banks in terms of law. However, if such person has committed any act/omission in contravention of any of the criteria given under section 42(2) of the Banking Act, amounting such person to be disqualified from becoming a director of a licensed bank, DBS/CBSL will consider such disqualification in assessing his fitness and propriety.

f) On the Panama papers; based on the news articles published in newspapers, the then Exchange Control Department (ECD) identified the Sri Lankan names listed in Panama Papers by browsing the website of the International Consortium of Investigative Journalists (ICIJ) in July 2016. An investigation was initiated in this regard in terms of the provisions of the Exchange Control Act (ECA) No. 23 of 1953.

During the investigation, required information was called from the relevant persons in terms of ECA. Most of the persons in the list declared that they didn’t possess any foreign assets as published in ICIJ website.

After conducting the investigation, no information was revealed on investments as published by ICIJ. However, based on the information revealed on other foreign assets, required measures were taken to continue the investigations as per the provisions of ECA. The time period prescribed by the Foreign Exchange Act No. 12 of 2017 to conclude investigations under ECA expired on 19.05.2018 as stipulated in the Foreign Exchange Act No 12 of 2017. These investigations also lapsed on that date.

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Latest comments

  • 20
    13

    This is just a bunch of legalese. Mr. Amit is a brave person – speaking truth to power and the Coomaraswarmy – JKH-Panama papers Balendra SEC mafia who cover up and collaborate with Bondscam Ranil s butterfly Mafia.
    Coomaraswarmy has failed to conduct a forensic audit into the Bondscam. Justice delayed is justice denied.
    No investigations into the JHK family connections. Balendra named in Panama Papers .
    Anushya was JHK accountant, then Inderith and Rathika on the board.
    Very cosy corruption – turning a blind eye to financial crime is the Coomaraswamy brand!

    • 18
      11

      Right on! Arrogance and lies to cover up dereliction of duty.
      This response by Coomaraswamy to Mr. Muttukumaru is pathetic! A confession of dereliction of duty and due diligence by so called govenor of Central Bank. The Black Media joker mafia should protest outside CBSL and ask for Coomaraswarmy’s resignation.
      The Panama Papers investigations simply lapsed! Boy o boy. Inderjith has the temerity to say this!!
      How much money was spent on fake investigations into the Sri Lankans named in Panama Paper’s . And there is even a disingenuous attempt in this letter to suggest that the Investigative journalists of Panama were mistaken about the Sri Lankan names listed. What a damnable LIE Coomaraswarmy! Also what happened to all the Xperts from IMF and Commonwealth Institute UK to help investigate those named in Panama Papers?
      Soon we will be told that the time for the Bondscam Forensic Audit has lapsed.
      The arrogance and lies here are deplorable and Coomarawamy must resign.
      One of the Panama Papers journalists was killed in Malta and paid with her life for revealing name of financial criminals.
      Justice delayed is Justice Denied.

      • 4
        6

        Mangy and Coomaraswarmy are now meeting with their Washington backers and handlers at the IMF and MCC. They must be getting pats on the back from Trumpland for their corruption rackets and covert sale of the marine logistics hub in Trincomalee for Trumpland’s militarization of Indian Ocean.
        IMF and World Bank is supposed to be in charge of Financial governance but turns a blind eye at the looting of Central banks by corrupt politicians, but rather forces corrupt govts to raise taxes on working people to pay for the financial crimes of the political leaders of their countries.
        This is how the IMF and WB stay in the lending business – put countries into middle income country debt traps by colluding with and encouraging corrupt politicians in Asia and Africa.

        • 1
          0

          The narrative that Sri Lanka has been in a DEBT TRAP since shortly after independence in 1948, or since pre-history, or before counting began has been crafted to deflect calls for accountability and to bury financial corruption investigations.
          It is a carefully crafted FAKE NEWS narrative to bury corruption investigation and normalize the debt trap culture that is part of the neoliberal development paradigm, which promotes the culture of impunity and immunity for financial crimes by politicians, big banks and their business partners, and to deflect attention from the role of international “development’ and finance agencies in placing countries in Middle Income Country (MIC) debt traps and the International Bailout Business of the IMF.
          This is why Obama bailed out Wall street and the big banks and let home owners in debt lose their homes. This is why Trump won and Hillary who is close to big business and capital lost.

  • 5
    4

    I think Indrajith Kumaraswamy lied on behalf of the finance minister Because the govrnor has previous exxperience working for another such businesman Raj Rajarathnam. He is just protecting his BOSS Mangala Samaraweera who has so many international financial dealings with MCC grants from USA. Earlier finance minister who changed the Exchange control act in order to get automatically acwitted from Money laundering charges he himself and more politicians. Ranil know it. In reality finance minister can not involve in CB policy makings.

  • 1
    1

    Indrajith Kumaraswamy doe snot have to resign. Mahinda Rajapakse may try that when and if he becomes finance minister. Because Ajith Nivarrd Cabral is another Arjun Mahendran. Now, Mangala Samraweera is making this man to another. I heard even Mahinda Rajapakse as the PM had said, you can work here but you have to co-operate with me. I think Indrajith Kumaraswamy should reveal it to his true boss Maithripaa Sirisena to see whether MS will send those under the rug or not.

  • 6
    1

    CBSL stayed out of replying Mr. Muttukumaru on the matters he pointed out on Mangala. At this point we can ignore as CBSL is defending only the Governor. Basically reply has accepted all accusation placed Mr. Muttukumaru. CBSL didn’t deny anyone of them. But has provided a reply as usual “Inaction”. Any of the reply provided the CBSL report had not fixed the clearly visible exchange rate problem, the GDP growth falling below 3% during the last periods is extra.
    I don’t think the FATF specifically pointed out that Mangala’s Foreign Exchange Fraud Amnesty Act of 2017(April) is the reason in July the institutions declaring Lankawe as the cub of financial frauds. When Mangala was the FAM, he was given with a list, by 4 countries, of Old King had deposited $18B in foreign banks. He was expected to get IC help, freeze the funds and bring the money back home. But the Crook Mangala, to save Old King’s deposits, designed another way when he was made as the FM. That is the new Foreign Exchange Fraud Amnesty act. This made the International institutions to cite other reasons and list Lankawe on Black and gray areas. The immediate result was the slide of rupee down the hill. It slowed a little bit during the Coup government because its expensed out the $2B out of $7B Central Bank had as reserve for loans. Further, as governmental economic activities operated in suspended mode, rupee didn’t get hit hard. But rupee will be sliding unless CBSL has have removed it bad listings.

  • 4
    1

    Governor is well aware of the damage the new exchange control act did to CBSL. CBSL should have protested vigorously on that. Indian Federal Reserve governor refused to surrender his independence to Modi government and resigned. It brought a severe impact on INR and other economic matters. But CBSL governor had saved his master by hanging on the job after such a bad act. He may be genuinely trying to fix the problem created by the politicians. Mahendran and Aloysius worked together to give start to CBSL stalled by the looting of Chitanta Government and now facing criminal charges. Kathirgamar saved Appe Aanduwa on international community without any use for anybody. Now Dr. Indrajit is riding the same horse. When Chitanta government returns Cabal the governor will not excuse Dr. Indrajit. That time the CBSL governor will be a Seylan Bank Chief, Lalith (If not Kathirgamar or Mahendran).
    Apparently Chinabay ‘s Chinese plane was not in Mr. Muttukumaru’ s reports because it was not known in his essay time. In addition to the fraudulent act, in future, it appears planes and ships can come and go evading Customs completely, but that is still a restriction in the fraudulent act.
    I don’t know about governor’s business connections. Mr. Muttukumaru and other commentators have exposed it. CBSL’s explanations suggest that the governor is not able to serve as CBSL Governor, but serving as the servant for his Colombo political masters.

  • 6
    0

    There are several Sri Lankan businessmen ( and their wives too !) who have large Swiss bank and Panama accounts. Most of them have always done business in Sri Lanka and do not export anything.All this information was given by Sri Lankan newspapers

    How did they earn these dollars and get them overseas ?

    The Central bank and the Income tax Department not interested !

    Or,Have our so called leaders Ranil, Ravi, Mangala ,MR , Namal, Malik etc told them not to investigate these foreign monies because sooner or later they too will have to be investigated ?

    • 1
      0

      K
      Inland Revenue will investigate undeclared earnings if it is tipped off with sufficient particulars.
      I do not what the mandate of the CBSL is in such matters.
      Earning and accumulation by unlawful means is a subject for a body that investigates financial crimes.

      • 1
        0

        All kind of Earning comes under Inland Revenue. Period! It doesn’t matter whether the means are legal or illegal.

        Corruption like white color crimes can be handled by Bribery Commission.
        Drug like violent business carries additional crimes. They need additional law enforcement activities.
        What the heck the F word CID doing in Lankawe? Corrupted Ranil’s corrupted friends needed jobs; that’s why they are there! There is no other use for them in the land
        Anyway all the FCID’s investigations papers on big heads are either shredded or burned immediacy like CID’s. This happened in China’s bribery on election funding to Old and New Kings in 2015. That is the reason Ranil asked from NYT for the copies of the CID’s reports to restart investigation. Why am I bringing this? Because of the Similarity is in CBSL. New King said about Rs1 trillion worth of Bond frauds took place in CBSL from 2001 to 2016 and he wants a commission to find out what happened to all those paper works. Indrajit is working for a government listed as International racketeer in money exchange. The crows CBSL and Indrajit can’t become white by taking bath in Ganga!

        As Kolla said there are about 1700 crooks have become multi-millionaires using the State Corporations and their money are in foreign bank accounts. These corporations don’t have foreign branches to pay salary in foreign currencies to their executives. These all are blessed with CBSL. Every penny of this exchange went under the nose of Indrajit, Mahendran, Cabal………………… If CBSL is not keeping records on these for its safety, it doesn’t means that there is another organization also handing exchanges for corporations. Especially those who hate Lankaweyans and Tamils living in Western countries should start to voice against this kind of CBSL funded foreign account for millionaires.

        Until INTERPOL tells that they can’t find, anybody can be the best governor of CBSL. After that he/she will be in Dubai, Singapore, Washington, Ukraine……

  • 3
    3

    Ranil and Co. have their innovative plan: The Merge with South India as the greatest potentiality towards progress. And the division of the land into 9 self-governing provinces to weaken and quell protesting voices. They feel that this, and only this, can end the crisis of Lankan Tamils. Coomaraswamy has been placed to give the muted intelligent look to the grand design. He probably feels, and is seen, as very hallowed in attempting to install the process.

    One thing they forget is that this is vastly experimental. The only way it might work is if the whole of S. India becomes socialistic overnight. And there is some chance it might blossom through the blood, sweat and tears of the next several generations.

    But India’s monetary structure will not change so radically unless through bloody revolution. The whole of India is for the high-flying hundred-million dollar Bollywood wedding. Theirs is about an ancient and deeply ingrained Caste-System. Put Capitalism together with the Caste-System and you’d get a nation of slaves.

    Capitalism is only meant for the more Egalitarian countries like the US, Europe, and the Muslim countries. And yet even with a more socialized capitalism, one sees the wide range of income inequalities in these places.

    We are placing ourselves at the mercy of this UNP plan, and it will entrap our land for many generations to come, with no escape route. Sri Lanka is an Egalitarian Buddhist Nation. She might have some caste structure, though it is a 1,000 leagues away from the Indian one. Ours is a class struggle with some Hindu influence. We HAVE to do something else.

    • 0
      0

      It was J.R.jayawardena who proposed that Sri Lanka and India should coalesce.

      • 0
        0

        Really? I thought he was for ASEAN, but they told him that Lankans quite fit in. They suggested India to him. It was pondered upon and decided against. Nothing wrong with a bit more of India though. But nothing warrants Ranil taking billions upon Billions of hard-working Masses money to force the deal, and with no clear results in sight

        • 0
          0

          ….that Lankans didn’t quite fit in(to ASEAN)*

  • 2
    3

    From what I can see, an unnamed spokesperson for the CBSL has stated what steps the Bank has taken in connection with certain matters referred to by Mr AM.
    It will be appropriate if such explanations are given at a more relevant forum.
    *
    I am glad that the CBSL did not defend any individual. Such matters should be formally raised and responded to at an appropriate level.
    *
    AM went to great lengths to blame personally the Governor for very nearly everything that he saw wrong in the CBSL.
    Problems in the CBSL go back several years and many irregularities were brought to public notice. The roots of several of today’s problems lie there.
    Why is not AM not questioning those directly responsible for fraudulent deeds?
    *
    As for the comment on the resignation of Indian Federal Reserve Governor, the man was forced into resigning by the Modi regime which made life very difficult for him.

    • 4
      0

      AM gone to great lengths to blame personally the Governor for very nearly everything that he saw wrong in the CBSL.

      I am glad that the CBSL did not defend any individual.

      From what I can see, an unnamed spokesperson for the CBSL has stated what steps the Bank has taken in connection with certain matters referred to by Mr AM.
      Can you explain in detail you big theory behind this babbling?
      As per you:
      1). Mr. Muttukumaru is accusing Dr. Indrajit of mismanaging or CBSL being ineffective.
      2). You say CBSL has replied to Mr. Muttukumaru’s accusation on Dr. Indrajit, but not on his name.
      3). You say CBSL is not defending anybody.
      Can you, then, explain what the heck the CBSL is doing here? Has nothing to do in CBSL, so want to join as one commentator in CT?

      What I observe from my side:
      1). I could not see anywhere in the replay any accusation being denied but said some actions are being taken.
      2). Earlier I had said whether CBSL took any action or not, Exchange rate is falling; economic growth in recent period is dismal below 3%.
      3). I had further said CBSL is behaving like have no backbone (independence) but readily shouldering to carry the corrupted government’s faulty economic policies without protest, unlike even a donkey.
      4). None of the action cited in the reply really touching the accusation Mr. Muttukumaru has placed in CT. You too have noticed the replies are inadequate and you appear to be defending the CBSL because, even though CBSL is saying its wants to reply the accusations in CT, you say it should not have replied in CT, because CT is not a place for that.
      5). Are you trying to an axe handle to degrade CT from and within CT?

      • 1
        1

        Mallung
        Revise your English lessons before interpreting text.
        The item was simply a statement of actions taken by the CBSL, no more no less.
        It is not right for the Bank to defend individuals against spurious charges.
        *
        My only response to you was re your comment on the resignation of Indian Federal Reserve Governor, as it was inaccurate.
        *
        “Are you trying to an axe handle to degrade CT from and within CT?”
        Could you kindly translate this into some kind of English.

        • 0
          0

          SJ,
          You bluffer you think you can become a great master by bluffing on unrelated things. If don’t understand my English you might said so ant stayed from answering, but wouldn’t try to bluff. But you know all others understanding what I was saying, so you are trying to bluff with English and divert all’s attention.

          ” It is not right for the Bank to defend individuals against spurious charges. ”
          Probably, as usual you don’t know the meaning of the word spurious.
          First, you have not established any one of the accusation as spurious after all CBSL have taken all accusations one by one and have tried to answer them. You didn’t even attempt to pick on one accusation of Mr.M because you Financial, Monetary and Economic subjects’ knowledge is zero. By your comment you have established not that you don’t know why there is CBSL and Governor for that.
          Then, every government corporation is responsible for its employees’ conducts. Every corporation must have guidelines, procedures and policies for the employee functions effectively. It has to have an overseeing procedure established that they are followed accurately. A government corporation must answer to all accusation, whether it comes with an inconsistent adjective as “Spurious charges”. (Even the O/L kids would know what is a charge and what is an accusation; but unfortunately you don’t.) No accusation of Government Corporation’s employees conduct can go uncontested other than in Lankawe. That will give ground to sue for legal damages against the individual and on the corporation, individually and together. That is why CBSL tried to defend saying that the problems are being attended.
          You are just bluffing not knowing anything.

  • 6
    1

    Yes, but the governor is certainly taking his chance to orchestrate the many irregulatities and criminalities into that “grander design.” Without his mobilazation, nothing integrated can come out of it.

    • 3
      1

      You are painting people black with a broad brush.
      Can you be more specific and precise?

      • 3
        2

        That Coomaraswamy has been involved with Raj Rajaratnam is enough of a specificity.

        https://www.thehindu.com/news/international/south-asia/Rendered-professional-services-to-Raj-Rajaratnam-Coomaraswamy/article14474448.ece

        • 0
          0

          RTF
          What was the involvement? Any dubious deals?
          Be specific and keep off gossip.

          • 1
            1

            Your Lord: I associated with the crook throughout my Uni. days. I associated with him whilst he was formulating business plans. But the moment he was convicted of crookery and sent to jail, I did not associate with him. What? …..lesser people have gone to the gallows.

            • 0
              0

              “Your Lord: I associated with the crook throughout my Uni. days.”
              Who are we talking about?
              You are accusing someone of shady deals because he was a consultant to one of your shady associates.
              If IC is guilty, you are perhaps even more guilty.

              • 0
                0

                Was talking about the generality of the courtroom situation……as seen of real life situations on TV and read in books. But you try to turn it onto mere non-entity me? I am just a courtroom viewer in the backbenchers.

                • 0
                  0

                  Ok SJ,……..Coomaraswamy is for good things…..nothing bad, like giving to the LTTE or anything (although it is away from the democratic mandate…….only the Colombo mandate). His is a higher form of consolidation and building up for the downtrodden people of South India and their potentiality. Unfortunately, Sri Lanka also has to come into the equation. It’s either we secede our N&E and move away completely from the conglomerate, or join with them.

                  Nothing wrong with the conglomerate except we know the Hindu philosophy of the Indian is quite different from the egalitarian philosophy of the Buddhist. We don’t want to identify with what we know will bog us down for generations to come. In the meantime, China beckons.

                  If the idea is to secede, and let the Sinhala part do the China deal, think again. West doesn’t care about what any other country other than themselves is about – united, divided, merged, squished like Gaza, built up on layers upon layers, masses in shanties……….The Hambantota shipping lanes will still be there. Same amount of money will pass hands and thrive and multiply. Soon, even the Deep South will belong to the conglomerate. China will get the boot. Motherland will be the 30th state of India.

                  Best is to go the middle path with India, with some China, and stay United. And forget about pampering Hindu South India on Sinhala-majority money! As per the bond scam money, if Coomaraswamy can get it back on these terms, he can be forgiven.

                  • 0
                    0

                    RTF
                    Do you even in the wildest of your dreams make the mistake of keeping to the subject?
                    Not, I think.
                    Congratulations.

                    • 0
                      0

                      SJ,

                      You haven’t the ability to extrapolate, have you.

                    • 0
                      0

                      Extrapolation beyond limits of reality is not my forte, and pinning false charges is out of the question.
                      *
                      I concede your notorious extrapolation skills.
                      *
                      “I associated with him whilst he was formulating business plans. But the moment he was convicted of crookery and sent to jail, I did not associate with him.”
                      Can one extrapolate it as your ditching him after he got caught? But then, that is more interpolation than extrapolation.

                    • 0
                      0

                      SJ,

                      Stop hyperventilating and stuttering incoherencies. Then you’d see the reality of the gross situation. Btw, on your last para, I was quoting what Coomaraswamy would say if he was taken to courts (he already said it to the Hindu times).

                    • 0
                      0

                      RTF
                      If you quote someone you should be clear about it.
                      With the way you carry on, any statement can be yours.
                      *
                      There is still no credible evidence of a dubious act by your target.

                    • 2
                      0

                      SJ,

                      Plenty of evidence both direct and circumstantial. And they are stated in the article well. Also business plans associated with Raj Rajaratnam need to be produced and examined for direct evidence.

                    • 0
                      0

                      “Plenty of evidence”
                      SPELL IT OUT.

                    • 1
                      0

                      SJ,

                      Read Muttukumaru’s articles!

                    • 0
                      1

                      RTF
                      Thank you for exposing your gullibility.

                    • 0
                      0

                      That’s being circumstantially ad hominem SJ!

  • 1
    2

    I trust Arjun Mahendran more than this crook Indrajit who was Raj Rajarathnam the LTTE terrorists chief Adviser.

    • 0
      0

      Even better, try trusting yourself

  • 0
    0

    Really? I thought he was for ASEAN, but they told him that Lankans quite fit in. They suggested India to him. It was pondered upon and decided against. Nothing wrong with a bit more of India though. But nothing warrants Ranil taking billions upon Billions of hard-working Masses money to force the deal, and with no clear results in sight

    • 0
      0

      ……..that Lankans didn’t quite fit in* (to ASEAN)…………(the comments are a duplicate to a reply to upali wickramasinghe (further above)

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