Quick-money
schemes
AG's advice sought on GoldQuest
By Duruthu Edirimuni
The Central Fraud Bureau has sought the Attorney General's advice
on how to proceed with the GoldQuest case, after the Controller
of Exchange who is conducting a foreign exchange fraud investigation,
referred the matter to the Bureau.
"We
wanted to know from the Attorney General, what provisions were available
under existing laws for us to act on the GoldQuest case," SSP
K Pinidiya told The Sunday Times FT and Lanka Business Report.
Specific
anti-pyramiding laws to ban such schemes are still at draft stages
but in many countries such schemes are halted under lottery and
fraud statutes. This came as the Central Bank stepped up the tempo
repeatedly issuing warnings to the public on investing in pyramid
schemes including those that purport to sell a product.
The
Bank, urging investors to beware of such investment schemes that
could collapse like a pack of cards, also warned against third-party
use of credit cards for foreign exchange payments saying this is
a violation of Exchange Control Regulations. In an earlier advertisement,
the Bank said it had information that investors in pyramid schemes
were using credit cards owned by others to make such foreign exchange
payments.
A
senior Central Bank official said that the regulator made a complaint
to the CFB regarding the GoldQuest scheme. The danger of pyramid
schemes, first highlighted in a joint investigation by The Sunday
Times FT-Lanka Business Report TV on May 30, has now drawn widespread
media attention while government agencies - the Central Bank, police,
Import Control Department, Exchange Control, Customs and the Attorney
General have come together to probe allegations of fraud, exchange
control violations and fraudulent imports and misuse of credit cards.
Some
companies in the private sector have also advised employees against
using company computers to log into pyramid websites. The Central
Bank, stepping up its public campaign against pyramid schemes, also
alerted the public to third parties craftily distorting the Bank
warning and re-circulating it.
"It
has been observed by the Central Bank of Sri Lanka that a recent
press notice on pyramid schemes issued by the Central Bank in the
public interest and for the education of the public is being circulated
by a third party through e-mail giving a completely misleading context
to the original press notice by adding, without authority, sections
which were not presented by the Central Bank," the regulator
noted.
"This
distortion is obviously an attempt by an interested party to mislead
the public. The public is warned of this deliberate attempt to mislead
them by interested parties and is advised to refer to the 'Press
Notice' published by the Central Bank recently in newspapers. It
could also be accessed by visiting the Central Bank web site www.centralbanklanka.org."
Separately,
a senior director of John Keells Holdings (JKH) denied any knowledge
of a proposed 'Eswaran' tower to be built at the group's prime Asian
Hotels Corporation property as reported in an international website
connected to the GoldQuest company.
Quest
Investments, which is said to be part of the GoldQuest medallion
sales company, claims in its website that an 'Eswaran Tower' is
to come up in the JKH property in 2005.
"We
have no knowledge of such a project," says Ajith Gunewardene,
Group Director of JKH, which now controls Asian Hotels. "We
have no links with GoldQuest. As far as we are concerned it is just
a minority shareholder like any one else."
GoldQuest
not permitted to import gold in Sri Lanka
Quest SAR Lanka (Pvt) Ltd, the company promoting the GoldQuest
scheme where investors are provided a gold coin, doesn't have approval,
to import gold coins, BOI officials said.
The
company submitted an application seeking BOI approval on February
18 this year and it was approved by the board on March 5. On April
1 - a day before parliamentary polls - the agreement was signed
by former BOI chairman Arjunna Mahendran.
Officials
said that the company has not listed any binary marketing activity
in the application and had used the 'marketing and sales promotion'
tag in the section 17 BOI approval to conduct their business.
According
to our investigations, the agreement between Quest SAR Lanka (Pvt)
Ltd., and the BOI was entered into under the regional headquarters
category of Section 17 of the BOI Act. This Act contains two sections,
section 16 and 17 under which BOI approval is given to companies.
Under
Section 16 companies are facilitated by the BOI for investment and
they are covered by the normal laws in the country. Section 17 companies
are not only facilitated but given tax incentives and governed by
special BOI laws. Section 17 has 14 categories that companies can
be set up in.
Among
them are IT, small-scale infrastructure, export of non-traditional
goods, agriculture, research and development, areas of administration,
business and coordination, sourcing of raw materials and components,
technical support services, finance and treasury management, marketing
and sales promotion and 'regional headquarters' placed prominently.
Officials
said the main idea behind the two different sections is that section
16 is for smaller investors with capital of five million rupees
and above whereas section 17 is for investors with a capital of
Rs.50 million and above.
The
regional headquarters category requires that a company should have
two offshore marketing companies where they can launch a company
in Sri Lanka to operate as the regional headquarters.
Quest
Vacations (Pvt) Ltd., in Maldives and V Team Intentional Ltd., which
is a BVI Company stand as the two offshore marketing companies of
Quest SAR Lanka (Pvt) Ltd. Quest SAR Lanka (Pvt) Ltd is recognised
as a marketing arm of an international company doing marketing activities.
The
company in its submissions to the BOI says that it is "established
to set up a regional operating headquarter for the purpose of managing
the operations in the Indian sub continent and Sri Lanka and carry
out front end operations and provide services."
Further
they say that they will be carrying out administration, business
planning, brand creation, marketing, product development, corporate
governance, and community services for the entire group.
BOI
sources said that the agreement is currently being reviewed by the
BOI and action would be taken if there were some irregularities
found during the current investigation by other government agencies.
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