New Foreign Judgements, National Intelligence Bills introduced

In a significant move towards modernising Guyana’s legal framework, the government introduced two new bills to the National Assembly on Monday – the Foreign Judgments (Reciprocal Enforcement) Bill and the National Intelligence and Security Bill.

The bills were presented by Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC.

The Foreign Judgments (Reciprocal Enforcement) Bill 2023, when passed, will allow for the recognition of foreign judgments and will replace the existing Foreign Judgment (Reciprocal Enforcement) Act, Cap 7.04, and the Judgments Extension Ordinance, Cap. 27.

Clause Three of the bill specifies the extension of the act to countries listed in the Schedule.

If a country is not listed, the act will still apply to that country if Guyana is obligated to recognise and enforce a judgment of that country under an international agreement.

A key provision of the act grants the Minister the authority to extend its reach to other countries, provided that there is a substantial reciprocity arrangement for the enforcement of judgments obtained in the High Court.

Under Clause Four of the act, a list of judgments to which the act applies is specified, while Clause Five deals with the exclusion of certain foreign judgments from the act.  

Clause Nine of the act provides individuals against whom a judgment has been made with the ability to seek to have it set aside. There are certain grounds under which a foreign judgment may be set aside, which include instances where the original court did not have jurisdiction over the case.

Additionally, if it can be shown that the foreign judgment was obtained through fraudulent means, this can also be a basis for setting it aside.

Last Month, during his weekly ‘Issues in the News’ programme, the Attorney General said the bill will help Guyana recover repayments from international companies.

“The legislation will allow judgments from one country to be enforced in another country. And once that company has assets in that country, then you recover the proceeds of your judgment in the same way as if the company had assets in the country in which the judgment was granted,”he said.

Meanwhile, the National Intelligence and Security Bill, when passed, establishes the National Intelligence and Security Agency as the body responsible for enhancing the state’s defence and security policy.

The bill outlines the agency’s functions, which include to “collect information of national intelligence and security interest that provides a basis for decision making and preventative actions; gather, store, process, analyses and disseminate information that is relevant to national intelligence and security; conduct analysis of information of national interest and security interest.”

The agency coordinates the state’s defence and law enforcement activities related to national intelligence and security. Additionally, the agency will offer national intelligence and security advice to the President, Cabinet, and other entities within the security sector.

The introduction of these bills is a significant milestone in the government’s efforts to modernise and streamline the laws that govern the country, particularly in light of the rapidly evolving business landscape.