ECONOMIC ANALYSIS · DEVELOPMENT FINANCE · LEGISLATION
Georgetown — June 25, 2026 · Second of two parts
In April, in these pages, I argued that the question before the country was no longer whether Guyana should build a development bank but how — and that the answer would be written not in the announcements but in the unglamorous clauses of a bill then sitting with the President. That bill is now public. Gazetted on the fourth of June as Bill No. 5 of 2026, and tabled by the Senior Minister with responsibility for Finance, the Guyana Development Bank Bill gives us at last a text to read instead of an intention to trust. A bill is a more honest interlocutor than a press release: it cannot gesture, it must say. In April I named four variables on which the institution’s survival would turn. The bill has now answered all four. It is worth recording, plainly, what it said.
The bill supplies the vocabulary of independence and withholds its architecture. It names the principle in a single clause and entrusts it to a board every member of which is the Minister’s appointee. — Terrence R. Blackman
The Four Tests, Answered
April asked who sits on the credit committee, how they are appointed and removed, and how political override is prevented near an election. The Act creates no statutory credit committee. The Board of five to nine is appointed entirely by the Minister, including Chair and Deputy (cl. 7); terms are renewable (cl. 10); remuneration is set by the Minister (cl. 14); committees are merely permitted (cl. 12). The principle survives only as a verb in clause 9(c). The architecture April called for is absent.
April asked whether the Bank replaces, supplements, or competes with the Small Business Bureau. The Act is silent. Tellingly, it borrows the Small Business Act’s definition of an enterprise (cl. 2) while declining to delineate its institutional relationship to the Bureau’s existing guarantee program. It knows the statute well enough to cite it, and not well enough to coordinate with it. The arbitrage risk stands unaddressed.
April asked for annual public reporting on disaggregated outcomes — default by sector, gender, and region; employment and revenue tracked over years. The Act requires a financial report under FMAA section 80 and an Auditor-General audit (cll. 29–30) — retrospective and accounting in character. No developmental metric is mandated. The epistemic failure April warned of is encoded, not cured: the country will not be able to see whether the Bank works.
April accepted the TIN/NIS requirement as a formalization instrument but asked for limits on how credit data may be used for other purposes. Clause 31 supplies the opposite: information is confidential “except where disclosure is required by law” — a broad statutory gateway with no purpose-limitation firewall and no notice to the applicant. The legibility tradeoff is resolved in the state’s favor by default.
What Was Announced, and What the Act Encodes
This is the quiet revelation that comes from reading the text against the announcement. Nearly every concrete feature this Journal described in April as well-conceived — the second tier through the commercial banks, the sub-four-per-cent rate, the ten-million-dollar combined envelope, the prioritization of youth, women, and persons living with disabilities — is policy, not law. It lives in speeches and is unprotected by the statute. The commercial-bank tier, which a reader of this Journal rightly doubted the banks would honor without a first-loss guarantee, is not in the Act at all; it is a hope expressed as an architecture. And the two numbers that do appear — the forty-billion-dollar authorized capital, funded “in such amounts and at such times as the Minister may determine” (clause 20(3)), and the three-million-dollar ceiling — are both adjustable by Order under negative resolution, the procedure designed precisely not to require debate. The scale of the institution, in other words, is set in primary legislation only nominally. In substance it is a dial. Two further gaps the Gazette exposes deserve naming. First, the bill instructs the Bank to have regard to “financial sustainability” (clause 5(1)(b)) and, three lines later, authorizes it to lend “with or without collateral and with or without charging interest” (clause 5(2)(a)). These provisions point in opposite directions, and the Act referees between them nowhere — no floor on interest, no minimum on security, no recovery target, no cap on the share of the book that may be lent free and unsecured. The whole reconciliation is delegated to a credit policy written by the appointed board. We have seen this institution before: the Guyana Agricultural and Industrial Development Bank was founded in 1972 to direct concessional credit, lent on political logic, and closed insolvent in 1995. It did not fail for want of competent directors. It failed because nothing in its design constrained the use to which competent directors could be put. Second, the one body in Guyana whose business is to ask, while loans are being made, whether they are prudent — the Bank of Guyana — is statutorily excluded: clause 32 exempts the Bank from the Financial Institutions Act entirely. The only external checks that remain are retrospective. Disclosure after the lending year has closed is not supervision; it is an autopsy.Six Amendments, Before It Becomes an Act
None of this is an argument against the bank. It is an argument for amending the bill while it can still be amended — for closing, on the floor of the National Assembly, the distance between what the institution says and what it is built to do. Six changes would close most of it.Amend clauses 9 and 12 to mandate a credit committee with at least two members not appointed solely by the Minister — one nominated by the Bank of Guyana, one by a professional accountancy or banking body — on fixed terms not coterminous with the government, removable only for cause with a right of appeal, and seized of every credit decision above a published threshold, recorded with reasons.
Amend clauses 20(2) and 24(2) so that any change to the authorized capital or the lending ceiling requires affirmative resolution — an actual debate and vote — rather than negative resolution. The two figures that define the institution should not be alterable by an Order that takes effect unless Parliament rouses itself to annul it.
Amend clause 32 so that, while exempt from the full Financial Institutions Act, the Bank remains in a defined inspection-and-reporting relationship with the Bank of Guyana — capital adequacy, large-exposure, and non-performing-loan reporting on a fixed cadence. Exemption from prudential rules need not mean exemption from prudential eyes.
Add to Part VI a duty to publish, in prescribed form and laid before the Assembly, default rates by sector, gender, and region; disbursement-to-application ratios; training-completion figures; and employment and revenue outcomes for funded enterprises over a multi-year horizon. A bank twenty times the size of the SBB should report to a higher standard, not a lower one.
Add a clause stating whether the Bank absorbs, supersedes, or co-operates with the Small Business Bureau’s guarantee program, and require a single consolidated public report on SME finance — so the country reads one set of numbers, not two, and beneficiaries cannot arbitrage between overlapping windows on different terms.
Replace the open carve-out in clause 31 with a purpose-limitation firewall: data gathered for credit assessment may not be turned to unrelated enforcement without judicial authorization. And amend clause 33 so that, alongside misuse of funds, it is an offense to direct or approve credit otherwise than in accordance with the credit policy. The criminal law here guards the till; it should also guard the decision.
The test of this bank is not whether its first directors are honest. It is whether its design would survive a change of government — whether it is built so that no party, this one or the next, could turn a forty-billion-dollar loan book into an instrument. — Terrence R. Blackman
This essay is the second of two parts. The first, “Guyana’s New Development Bank,” appeared in this Journal on April 23, 2026. Published with the support of MCCGUSA and the Guyana Business Journal’s commitment to independent economic analysis.
Terrence R. Blackman is Founder and Publisher of the Guyana Business Journal. He is Professor and Chair of the Department of Mathematics at Medgar Evers College, City University of New York.
