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‘Adapt or perish: shipping liberalization reforms essential to export-led economic recovery’

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While the topic of shipping liberalization has generally been the subject of frequent and heated debate in 2022, key stakeholders across Sri Lanka’s logistics and export sectors have become increasingly unified in their call for urgent liberalization of the island’s shipping industry, with shipping and freight forwarding agencies being the most immediate requirement.

These reformist sentiments were also voiced out by President Ranil Wickremesinghe at the Sri Lanka Economic Summit, when he called for systemic and sweeping reforms of the shipping and logistics reforms, in order to ensure that Colombo Port becomes the busiest in South Asia. Among the reforms now on the table is liberalization of shipping agencies.

Typically, the role of a shipping agent includes overseeing and protecting the interests of global shipping lines when their vessels dock at port. This includes ensuring that all in-port arrangements including handling of all relevant documentation are completed.

They are also responsible for loading and off-loading cargo, catering to the needs of the crew, and managing crew transfers, in addition to provisioning essential supplies, and managing all other requirements with domestic port authorities, all while ensuring maximum efficiency – a role which tends to consistently generate lucrative foreign currency revenue for shipping agents.

Those opposed to liberalization typically repeat the same arguments, namely: that the shipping industry is already liberalized except for the “insignificant” business of local shipping agents, which are currently protected from foreign ownership.

Accordingly, they claim that liberalization and opening up to domestic shipping agencies to complete or even partial foreign ownership would risk removing domestic participation in this lucrative business, without securing any significant benefits for the nation.

Conversely, proponents of liberalization have argued that such policies only protect the interest of local shipping agents, while discouraging global shipping lines from engaging with the domestic market, and blocking private sector foreign direct investment into critical infrastructure.

While both camps have been deadlocked for decades, Sri Lanka’s unprecedented economic crisis and urgent need for foreign currency inflows has re-energized arguments in favour of liberalization. Unlike previous instances, liberalization proponents believe that a positive resolution may finally be in sight.

Economic reality asserts itself

“Throughout Sri Lanka’s post-independence development, every Government has signalled their ambition to transform our nation into a regional maritime hub. However with the exception of the bold efforts of the late Hon. Mangala Samaraweera, there has never been a Government that was willing to pursue the liberalization policies necessary to facilitate such a transformation. This is no accident, but rather the result of an organised campaign by a very narrow group of entrenched interests to maintain a stifling protectionist regime.

“The only beneficiaries of such policies have been those who hold agencies with the major shipping lines. But the harsh economic reality we now face as a nation have made it impossible to justify sacrificing the interest of the nation, and the competitiveness of its exporters, exclusively for the benefit of just a few parties. Based on what the President and other key officials have stated in the lead up to Budget 2022 and subsequently, I believe that policy makers are starting to appreciate this fact,” Global Shippers’ Forum Chairman and the Chairman of the Apparel Logistics Sub-Committee of the Joint Apparel Association Forum of Sri Lanka (JAAF), Sean Van Dort explained.

During his tenure as Minister for Ports and Shipping, Samaraweera had overseen the only contemporary instance of a local agent being opened up for foreign ownership. While it was the only exception to ever be allowed, Van Dort pointed to how this partial liberalization led to approximately Rs. 14 billion of investment at the time entering the Sri Lankan economy, in one of the single largest deals to ever take place in the history of the Colombo Stock Exchange.

In its wake, he noted that the firm in question has since benefited from an expansion in the scale of its business by several orders of magnitude, making it one of the strongest performing shares on the domestic bourse.

“Foreign ownership brings numerous extremely valuable benefits, and we need not look further than the success of Expolanka, or any of the other logistics hubs that Sri Lanka is competing against to see the proof. By lifting ownership restrictions, we encourage international ship owners to get engaged and invested in Sri Lanka, and properly utilize our location to link up with their global networks. Instead we are currently treated as purely a cost center that feeds regional competitor ports that actively encourage ownership from global shipping lines. The added control that results encourages them to instead treat such ports as profit centers.

“Local shipping agents will of course, claim that we should retain ownership among locals, and instead focus on infrastructure development. But this is not a zero-sum game. We need foreign ownership and investment in order to develop our infrastructure, and our national value proposition. Regardless, these agents have been earning well for decades, yet they have failed to invest their profits back into the industry. Sadly, today Sri Lanka’s economy is in a state where there aren’t enough dollars in the system to make such investments in the first place. Even if we could, the returns would be too distant to make any meaningful impact on our current economic crisis. Liberalisation is the only way forward.” Van Dort argued.

Reaping the benefits of an open, liberalized economy starts with shipping

From a global perspective too, Sri Lanka’s unwillingness to reform risks eroding the overall competitiveness of its logistics sector as a whole, according to respected industry veteran and Shippers’ Academy International Founder, Rohan Masakorala.

“Across Asia, and particularly in the Indian Ocean, Sri Lanka remains the only country to have maintained protectionist policies for shipping agents. By contrast, acknowledged global leaders in maritime logistics like Singapore and the UAE allow for 100% ownership of shipping and freight forwarding agencies, while countries like Malaysia are over 70% open.

“Most recently, Philippines and Vietnam also announced plans to liberalize their domestic industries, while Europe, the U.S. and even China allow for foreign ship owners to open local offices. If we fail to commit to a similar path of reforms, we risk lagging even further in our development, and eventually being left behind altogether Either we reform and adapt or we perish. There are no other choices,” Masakorala cautioned.

Conversely, if the sector is opened up for foreign investment and ownership, he asserted that the sector as a whole would be forced to enhance its competitiveness, and eliminate hidden inefficiencies.

“In the past when Sri Lanka signalled any kind of intent to liberalise shipping agencies, we almost immediately got attention from some of the largest shipping lines in the world. If they have ownership of the business, they are able to own the profits, but they are also able to directly manage costs. This level of disintermediation means that there is no room for hidden costs from any middlemen. The multiplier effects for the logistics sector, and by extension, Sri Lanka’s exporters is immense, and I believe policy makers are finally starting to understand this and move in the right direction,” Masakorala said.

He added that even with foreign ownership coming in, there would still be more than enough room for local agents to compete, as evidenced by the experiences of the Singaporean logistics sector, which is home to 140 global shipping line headquarters, and still has room for over 5,000 local shipping agents.

“Meanwhile, the investments, knowledge and technology transfer infused through foreign ownership would expand the economies of scale across the Sri Lankan logistics sector, creating new niches for smaller players, and making export markets more accessible to Sri Lankan SMEs,” Masakorala stated.

With such reforms in place, he added that transhipment volumes to Sri Lanka would have room to grow, leading to more vessels calling on Sri Lanka, increasing the frequency and capacity available for freight to leave Sri Lanka’s shores, supporting greater export competitiveness.

“We cannot simply call ourselves a hub and expect to prosper. Instead of relying on protection from the Government, we have to open ourselves to the world, and compete on a global stage. Wherever Sri Lankan private sector has been given the opportunity to do so, they have always excelled.

At such a crucial juncture, Masakorala urged the Government to look at the numbers with an independent eye, and objectively evaluate how Sri Lanka’s shipping industry has performed relative to other successful maritime nations like the UAE, Singapore and India over the last forty years.

“Our policy makers cannot allow themselves to be swayed any longer by unsubstantiated stories of doom and gloom about foreign ownership taking away jobs without adding value. If they look at the data in a professional manner they will clearly see how much revenue can be earned by the state via port activity generated by foreign ship owners, and their multiplier effects across the economy, as compared with the taxes paid by mere shipping agents,”

“People who have benefited through the current controlled environment may desperately try to defend themselves, but how long can they keep recycling the same insincere claims as eye-wash? Senior politicians like President Ranil Wickremesinghe know better than anyone how markets work. That is why his Government and the late Mangala Samaraweera sought to drive reforms in 2017.

“At the time, they proposed full liberalisation, just like with insurance, banking, hotels, bunkering, terminals, and telecommunication. Today even energy is being liberalised, so if we want our location to be meaningful we need the shipping and logistics sector open for foreign ownership and greater partnership just like our neighbors India and Pakistan who liberalised the sector for greater interest of their nations,” Masakorala stated.

For the first time in decades complete liberalization of the shipping industry does seem to be on the cards, based on recent remarks made by President Wickremesinghe at multiple post-Budget forums. During these sessions, President Wickremesinghe had urged the private sector to push themselves to compete in global markets, instead of simply “putting up the flag of protection” in order to maintain their position within a deteriorating status quo.

It appears that policymakers are taking stock of this growing consensus, which could lead to an opening up of the Sri Lankan economy, in order to leverage its best assets – the ports of Colombo, Galle, Hambantota, and Trincomalee, as well as smaller ports in order to resolutely transform the nation into a true maritime and logistics hub.



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Some aspects of SL initiatives to strengthen anti-money laundering controls

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by Dr. Dayanath Jayasuriya, PC Former Chairman, Securities and Exchange Commission

Background

The Financial Action Task Force (FATF) Recommendations set out a comprehensive and consistent framework of measures which countries should implement in order to combat money laundering and terrorist financing, as well as the financing of proliferation of weapons of mass destruction. Countries have diverse legal, administrative and operational frameworks and different financial systems, and so cannot all take identical measures to counter these threats.

The FATF Recommendations, therefore, set an international standard, which countries should implement through measures adapted to their particular circumstance

Beneficial ownership

With a view to strengthen Anti- Money laundering (AML) controls to be in compliance with global standards set by the FATF, Sri Lanka recently introduced beneficial ownership provisions into the Companies Act1. This was followed by a set of rules. The Cabinet has approved amendments to the Trusts Ordinance No. 9 of 1917.

Efforts to unmask the beneficial owners are ubiquitous both in developed as well as developing economies. These initiatives are timely because Sri Lanka’s effectiveness in applying AML requirements are due to be evaluated shortly by a mission fielded by FATF. Sri Lanka still has bitter memories of the fate of the country having being placed on the ‘grey list’ on two occasions in the past. Since then much water has flown under the bridge due to the untiring efforts of the Central Bank Governor and the staff of the Financial Intelligence Unit (FIU),

At a recent a seminar two speakers, both of whom who had previously held key positions in the Securities and Exchange Commission criticized the beneficial ownership rules. One was of the view that this would be a disincentive to attract foreign investors and the other argued that it would be an unfair burden on company secretaries.

The keynote speaker, Dr. Mrs. Subhani Keerthiratne, Director, FIU had to devote much of her speech to disabuse the minds of the listeners. Even prior to the enactment of the beneficial ownership provisions and rules, Sri Lanka was not able to attract many foreign investors. On the other hand, better transparency by disclosing beneficial owners, will probably help new investors to favorably consider Sri Lanka for investment purposes.

Empirical studies clearly demonstrate the added advantage in disclosing beneficial ownership. According to an Organization for Economic Cooperation and Development (OECD) working Paper by Professor Erik P.M. Vermeulen of Business and Financial Law, at Tilburg University:

“..on the misuse of corporate vehicles, which arguably poses a major challenge to good corporate governance. Stakeholder rights (e.g. employees and creditors) cannot be properly exercised if ultimate decision- be identified. The accountability of the board may also be seriously endangered if stakeholders and the general public are unaware of decision-making and ultimate control structures. Finally, regulators and supervisory agencies have a strong interest in knowing beneficial owners – in order to determine the origin of investment flows, to prevent money laundering and tax evasion and to settle issues of corporate accountability.”

Other studies have supported these findings.

The views of Professor Barry Rider OBE of Jesus College Cambridge in reviewing my new book entitled Beneficial Ownership – the dynamics of unmasking beneficial ownership in the fight against economic crime, are worth repeating here:

Arguably the greatest stumbling block for those attempting to prevent and address serious crime is the practical and legal difficulties in determining who owns and controls what. While criminals have always attempted to hide their identity, now that the tracing and interdiction of wealth associated with criminal and subversive activities has become so important the ability to fix beneficial ownership has become of crucial importance.

Dr Dayanath Jayasuriya’s new book – Beneficial Ownership – the dynamics of unmasking beneficial ownership in the fight against economic crime (2025) provides a unique perspective. It not only contains the relevant legal and regulatory material but offers practical and topical advice to the investigator – whether he or she be a lawyer, regulator, law enforcement officer or in compliance and risk management. Dr. Jayasuriya PC draws on half a century of highly relevant practical experience at an international and domestic level, to assist the reader in addressing this important yet thorny issue.

It is now counter-productive to condemn the efforts of the Sri Lankan government to unmask beneficial ownership, particularly in the context of rising crime rates, corruption and foreign exchange violations. As this article was being completed, the headlines on the cover page of Weekend Mirror of 10 October 2026 raised the following issue:

Sri Lanka’s Rising Black Economy and Corruption?

It cannot be gainsaid that this is a crucial issue the country now faces.

NGOs- above the law?

It was only in 1980 that Sri Lanka introduced legislation regarding the registration of organizations under the Voluntary Social Service Organizations (Registration and Supervision) Act No. 31 of 1980. All Non-Governmental Organizations registered under the Companies Act No. 07 of 2007 had to re-register with the National Secretariat for Non-Governmental Organizations. The legal framework left much to be desired; in fact, some diaspora groups sympathetic to the cause of the LTTE in the 30 year separatist war found little or no difficulty in funding the LTTE that was a proscribed organization in several countries. Since 2026 an attempt has been made to introduce a new Non-Governmental Organisations (Registration and Supervision) Bill.

The following extracts from a media report2 highlight the growing opposition to some of the clauses in the Bill.

A few local NGO activists and four UN Special Rapporteurs have warned that the proposed Non-Governmental Organisations (Registration and Supervision) Bill 2026, reportedly intended to help Sri Lanka meet international counter-terrorist financing standards ahead of its mutual evaluation this month, is inconsistent with those very standards set by the Financial Action Task Force (FATF), as well as with the right to freedom of association.

…Sri Lanka was placed on the FATF’s ‘Grey List’ of jurisdictions with strategic deficiencies in October 2017, following a review that began in October 2016. The listing prompted the European Commission to designate Sri Lanka a high-risk third country in February 2018, and the FATF removed the country from the list only in October 2019.

An adverse finding can raise Sri Lanka’s borrowing costs, restrict its relationships with international banks and add compliance costs and monitoring that weigh on the banking sector and wider economy, Neelan Tiruchelvam Trust Chairperson Ambika Satkunanathan said on 17 September at the launch of the Sri Lanka Civil Society FATF Shadow Report.

At the same event, Global NPO Coalition on FATF Co-Chair Sangeeta Goswami cited reduced access to correspondent banking relationships, the links through which local banks process international payments, and diminished international assistance, warning that such stakes push countries to over-comply, adopting restrictions well beyond what the FATF standard requires. The Bill is intended to replace the Voluntary Social Services Organisations Act of 1980.

The communication, dated 28 September, was signed by UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Ben Saul, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Leopoldo Maldonado Gutiérrez, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association Gina Romero, and UN Special Rapporteur on the situation of human rights defenders Andrea Bolaños Vargas.

The latest draft, of June 2026, adds provisions to monitor NGOs for compliance with counter-terrorist financing and anti-money laundering standards. It has not been made public and is undergoing restricted stakeholder consultations.

Under the Bill, all NGOs must register with a Competent Authority, and operating unregistered would be an offence carrying a fine of up to Rs. 1 million. Directors and office bearers of corporate bodies would bear criminal liability, which the experts said reverses the burden of proof. Registration would be valid for three years, with no deadline for the authority to decide on applications or renewals, no appeal against refusal, and a bar on starting activities until registration is granted.

The experts said this conflicts with the principle that associations need no State authorisation to be protected under Article 22 of the International Covenant on Civil and Political Rights (ICCPR). They cited a Human Rights Council resolution requiring registration to be transparent, accessible, expeditious, inexpensive and open to appeal, and to avoid re-registration.

The Bill’s scope covers nearly all civil society, from trusts and micro-finance NGOs to any group of five or more people engaged in social service, advocacy or consensus building, including informal community groups and volunteer networks. The authority may also force otherwise exempt bodies to register specific non-religious projects. The experts said the Bill makes no distinction by size or scope, placing a disproportionate burden on small, grassroots and minority organisations.

Among the obligations under Section 15, NGOs must “align with the policies of the Government”, avoid activities that affect sovereignty or territorial integrity, refrain from political advocacy with NGO funds during pre-election periods, notify the authority before any crowd-funding and follow Central Bank instructions. The experts said the policy alignment clause, together with the authority’s power to ‘liaise with NGOs to make them part of the development of the country’, risks suppressing minority and alternative views and chilling dissent, stressing that freedom of association also protects controversial and politically sensitive work.

On terrorist financing, the experts said blanket regulation of all NGOs is inconsistent with the risk-based approach required by FATF’s revised Recommendation 8, under which measures must target only organisations shown to be at risk. They pointed out that Sri Lanka’s national risk assessment of January 2026 found the sector’s inherent risk to be low to medium, with limited evidence of proven terrorist financing by NGOs, and that the assessment weighed irrelevant factors such as the absence of provisions to “depoliticise” international NGOs. FATF standards hold that most NGOs pose no such risk and that self-regulation may suffice, they added.

Those who have objected to the proposed Bill have obviously overlooked that the objective is not to over-regulate but to have a balanced approach through a risk-based approach as advocated by FATF.

Developments in Norway

Some extremists cite Norway as a good example where with minimal controls terrorist funding is kept under control. Norway’s latest FIU report3, however, discloses how such activities still take place and that more and more young persons are behind these activities.

Conclusion

The measures taken or proposed to be taken by Sri Lanka should not be undermined by domestic or diaspora groups supporting any particular ethnic, religious or minority group or any particular ideology. The country’s priority is not to over regulate but to promote peace and harmony among its citizens and improve their well-being and happiness through better governance.

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Sampath Bank wins regional award for AI banking

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From left; Kiruparan Balachandran, Chief Manager - Principal Data Scientist, Sampath Bank PLC; Darshin Pathinayake, Chief Business Intelligence Officer, Sampath Bank PLC and K.G.P Sirikumara, Deputy Governor, Central Bank of Sri Lanka

Sampath Bank PLC has been recognised for its use of Artificial Intelligence (AI) and Machine Learning (ML), receiving a Special Appreciation Award for AI/ML Implementation in Banking at the ICC Emerging Asia Banking Conclave & Awards 2026 in New Delhi, India.

The bank was the only Sri Lankan financial institution to receive the recognition at the regional awards organised by the Indian Chamber of Commerce (ICC).

The awards recognise financial institutions across the BIMSTEC region for excellence and innovation, with the AI/ML category focusing on the effective use of emerging technologies to improve performance, operational efficiency and long-term value.

The awards were assessed by an independent panel of former banking and regulatory leaders, with PwC India serving as process reviewer.

Sampath Bank Chief Business Intelligence Officer Darshin Pathinayake said the award reflected the bank’s commitment to using data, analytics, AI and ML to improve customer engagement, operational efficiency, risk management and decision-making.

Pathinayake and Principal Data Scientist Kiruparan Balachandran represented the bank at the event.

Pathinayake also participated in a panel discussion on trust, technology and transformation, which covered digital transformation, cyber resilience, regulatory developments and collaboration among banks, fintech companies and technology partners.

The bank said AI and ML were increasingly being used to understand customer needs, streamline processes and develop more relevant financial solutions.

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ComBank launches Soundbox for small businesses

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Commercial Bank of Ceylon has partnered with Payable (Pvt) Ltd and Mastercard to introduce ‘Soundbox’, an audio-enabled digital payment device aimed at micro, small and medium-sized businesses.

The bank said the solution was designed to help small merchants, many of whom continue to depend largely on cash, adopt digital payments through an affordable and simple payment acceptance mechanism.

Soundbox enables merchants to accept contactless card payments and QR-based transactions across major card networks and QR schemes. It provides an audio confirmation for each successful transaction, allowing merchants to verify payments instantly without interrupting their work. QR transactions are also credited immediately, the bank said.

Commercial Bank Managing Director and CEO Sanath Manatunge said the solution would help remove barriers faced by small merchants by combining affordability, instant onboarding, real-time transaction visibility and multiple payment options in a single device.

Payable Co-Founder and CEO Yohan Wijesiriwardane said the initiative aimed to ensure that small businesses had access to the same digital payment facilities as larger retailers.

Mastercard Country Manager for Sri Lanka Mahesha Amarasuriya said the initiative would support financial inclusion and help Sri Lanka move towards a cash-lite economy.

The bank said Soundbox would also reduce the need for multiple payment terminals while improving transaction transparency, cash management and customer convenience.

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