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.
G$40B
Authorized capital, paid up as the Minister determines — cl. 20
G$3M
Statutory loan ceiling per borrower; amendable by Order — cl. 24
5–9
Directors, all Minister-appointed, incl. Chair & Deputy — cl. 7
§9(c)
The Act’s sole reference to credit-decision independence
Cap. 85:03
Financial Institutions Act, from which the Bank is exempt — cl. 32
Let me grant the bill its merits first, because they are real and the argument is stronger for conceding them. The Bank is brought squarely within the Fiscal Management and Accountability Act: its budget must be prepared under section 79, its annual report and audited statements laid under section 80, and its accounts audited each year by the Auditor General (clauses 28 to 30). It is forbidden to take deposits from the public or to trade speculatively (clause 6). Its Chief Executive is appointed by the Board rather than the Minister (clause 17). It is required to adopt written credit policies addressing eligibility, risk, approval thresholds, and recovery (clause 25). And in clause 9(c) the Board is charged, in so many words, to “safeguard the independence of credit decisions.” A drafter indifferent to governance would not have written that line. The difficulty is that everything the bill does does not make the line true.
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
Test 01 — Governance Architecture
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.
Test 02 — GDB–SBB Relationship
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.
Test 03 — Data Discipline
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.
Test 04 — The Compliance Prerequisite
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.
Take the first and gravest. The single most important recommendation of April — a credit committee whose independence is structural rather than asserted — is the one the bill declines to make. Competence it secures: directors must come from finance, economics, banking, and law (clause 7(4)). But competence was never the question on the table. The question is whether a board every member of which is appointed by one office, serving terms renewable by that office, and paid at a rate fixed by that office, can “safeguard the independence of credit decisions” from that office. Independence is not a quality of persons; it is a property of structures — of the constraints a framework places on the powerful, not the credentials of the people it appoints. A board can be wholly competent and wholly dependent at once. This one is built to be both. And the safeguard on which the integrity of the whole rests — the power to remove a director — is written in the passive voice: “a director may be removed” (clause 15), naming grounds but no remover, no procedure, and no appeal.
What Was Announced, and What the Act Encodes
Bill No. 5 of 2026
The Gap Between the Announcement and the Statute
Tier 2 — via commercial banks
Announced: G$7M at <4%, reduced collateral
In the Act: a bare power to “co-finance” (cl. 5(2)(b)). No amount, no rate, no obligation.
Combined access
Announced: G$10M per enterprise
In the Act: a single G$3M ceiling (cl. 24). The combined figure has no statutory existence.
Priority groups
Announced: youth, women, PWD
In the Act: no mention. The equity mandate is policy and can be changed without Parliament.
The two defining numbers
Capital & ceiling
Amendable by ministerial Order under negative resolution (cll. 20(2), 24(2)) — the lightest check on the largest levers.
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.
01 — A statutory credit committee
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.
02 — Affirmative resolution for the levers
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.
03 — Standing prudential oversight
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.
04 — Developmental public reporting
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.
05 — A defined GDB–SBB delineation
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.
06 — A firewall and a credit-discipline offenSe
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
When this bill reaches the floor, the temptation on all sides will be the one I named in April: to debate the existence of the bank rather than its architecture. The opposition will be tempted to call it a patronage instrument in waiting; the government benches will be tempted to call any criticism obstruction. Both framings miss the question that matters. A framework that works only so long as those who hold power choose to honor it is not a framework; it is a wager on their character, renewed at every election. The remedy is not to abandon the bank — the diagnosis that justified it remains correct, and the country still needs the institution this bill is trying to build. The remedy is to amend the bill before it becomes an Act, so that the vocabulary of independence is matched, clause for clause, by its architecture. The Assembly will not return to this statute for a generation. It should debate it now as if the next government, not this one, were already in office. That is the only audience for which good institutional design has ever been written.
Be well.
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.
One Question Wearing Three Hats