Amendments to Exchange Control Act contemplated

By Shamindra Ferdinando

State Finance Minister Ranjith Siyambalapitiya yesterday (07) said the government would introduce some amendments to the Exchange Control Act No 12 of 2017 as part of its response to the continuing financial crisis.

The SLFPer mentioned that amendments were necessary to restore the authority exercised by the Central Bank in respect of regulation of foreign exchange before the enactment of the Exchange Control Act No 12 of 2017, adding that the government has received several proposals in this regard.

The State Finance Minister said so when The Island sought a clarification as regards rebel SLPP accusations that the Exchange Control Act No 12 of 2017, enacted during the Yahapalana administration, allowed exporters to ‘park’ funds overseas. Vasudeva Nanayakkara, Wimal Weerawansa and Gevindu Cumaratunga had estimated the stashed amount at over USD 35 bn.

Siyambalapitiya acknowledged that the amendments that had been introduced in 2017 deprived the Central Bank of certain regulatory powers.

The Island

raised the issue at hand with Justice Minister Dr. Wijeyadasa Rajapakse, PC, yesterday (07) consequent to his declaration that as much as USD 53.5 bn had been ‘parked’ overseas. This claim was made during the committee stage of the ongoing debate on the Appropriation Bill.

Minister Rajapakse said that Nanayakkara, Weerawansa and Cumaratunga, too, had referred to the same funds though he was able to obtain the latest figures.

Responding to another query, the former President of the Bar Association of Sri Lanka emphasised that the situation had further deteriorated due to the Covid-19 pandemic, etc. According to him, the figures available with him dealt with the past 12 years.

The Justice Minister said that he discussed this with the Central Bank. Lawmaker Rajapakse said that in the absence of regulatory powers, the Central Bank hadn’t been able to make necessary interventions.

The Governor of the Central Bank, Dr. Nandalal Weerasinghe, told The Island that the urgent need for amendments to the Exchange Control Act No 12 of 2017 had been taken up with the relevant authorities. Dr. Weerasinghe said that the ongoing controversy, over funds ‘parked’ overseas, gathered momentum against the backdrop of his recent speech, at the AGM of the Sri Lanka Apparel Exporters Association, where the inordinate delay, on the part of the exporters to convert export earnings to rupees, was highlighted.

In terms of current foreign exchange regulations, the exporters are required to convert 25 percent of their export proceeds, within a month, and all export proceeds within 180 days.

Having found fault with apparel, tea and rubber for the unsatisfactory conversion rate of forex earnings, Dr. Weerasinghe said that they were in the process of examining a selected group of exporters but realized the majority weren’t forthcoming with the required data.

The Justice Minister said that the entire revenue collection system was utterly corrupt, influenced and manipulated by interested parties. “The people are suffering because of continuing corruption at every level. Those responsible for revenue collection are part of the growing racket. They seem to be unstoppable,” he said.

Dr. Rajapakse said that there couldn’t be a better example than continuing the racket in security stickers on bottles of liquor to highlight the pathetic situation here. The Minister alleged that the racket, involving liquor manufacturers and some excise officials, deprived the Treasury a massive amount in revenue. In spite of frequent media exposure, the racket continued unabated, Dr. Rajapakse said, adding that those who defended the manufacturer of the security sticker were all part of the scam.