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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