By TANEKA THOMPSON
Tribune Staff Reporter
tthompson@tribunemedia.net:
MINISTER of Foreign Affairs Brent Symonette defended the country's "enviable" human rights record and criticised US Ambassador Nicole Avant for what he termed as "misrepresentation" of the Bahamas' position on human rights issues.
In a four-page press release outlining the Government's reasons for abstaining on a recent United Nation's vote on three human rights resolutions regarding the actions of Iran, Burma and North Korea, Mr Symonette said the Bahamas chose not to vote because of "factual errors" in the resolutions, which were highlighted by the ambassador of Iran.
Additionally, there were no rebuttals to these criticisms from the co-sponsors of the resolution when the matter was before the UN's Committee for consideration, he said.
"Furthermore there were no proposals from the co-sponsors of the resolution to request a separate vote on each of the substantive paragraphs of the resolution, which would have allowed countries to express their positions on 'controversial' sections," said Mr Symonette's statement, which accompanied the full text of the Bahamas' statement to the UN during consideration of the resolutions and the UN member state voting record.
"When the matter was considered in the Plenary on December 18, 2009, the Bahamas abstained, as it did in the Third Committee, along with 59 member states. Forty-nine member states voted against and 74 voted in favour," he continued, stressing that the Bahamas did not vote against the resolutions.
Mr Symonette, the country's deputy prime minister, said the Bahamas has complied with important sanctions against Iran and the Democratic People's Republic of Korea under the UN Security Council Resolution, adding that the Bahamas is sharp-eyed in their implementation.
His statements came in the wake of stinging criticism from Ms Avant who last week issued a public statement faulting the Government for its decision.
In her remarks, Ms Avant noted that formerly, the Bahamas was consistently one of the "brave souls" in the region that stood up for human rights. She said it is the "fervent hope" of the United States that the Bahamas and other Caribbean countries that abstained or voted against the resolutions will reconsider.
She also chided the Bahamas' explanation for abstaining and its statement that the issues raised in the resolutions should be addressed during the Human Rights Council's (HRC) Universal Periodic Review (UPR), which each country submits to every four years.
"The problem with this argument is that Iran has not facilitated the visit of a single rapporteur or independent expert of the Human Rights Council to its country in over four years. . .Iran's review is February 2010, Burma in 2011, and DPRK at the end of 2009. If we were to do what the Bahamas suggests and wait for the UPR, this would mean the international community would say nothing about these situations in the meantime," Ms Avant wrote, in part.
According to Mr Symonette, Korea underwent its UPR on December 7 adding that Iran will be subject to the same on February 15, 2010.
"Consequently these countries are about to be exposed to the full glare of the intense spotlight of this dedicated organ of the United Nations for the Protection of Human Rights and Fundamental Freedoms," he said, adding that a number of the co-sponsors of the relevant resolutions are members of the HRN and can ensure intense scrutiny on the three countries in question.
December 23, 2009
tribune242
A political blog about Bahamian politics in The Bahamas, Bahamian Politicans - and the entire Bahamas political lot. Bahamian Blogger Dennis Dames keeps you updated on the political news and views throughout the islands of The Bahamas without fear or favor. Bahamian Politicians and the Bahamian Political Arena: Updates one Post at a time on Bahamas Politics and Bahamas Politicans; and their local, regional and international policies and perspectives.
Wednesday, December 23, 2009
Tuesday, December 22, 2009
Former Foreign Affairs Minister Fred Mitchell comments on Bahamas' UN human rights vote abstention
By BRENT DEAN ~ Guardian Senior Reporter ~ brentldean@nasguard.com:
The recent criticism of voting practices of The Bahamas by U.S. Ambassador Nicole Avant should show the government that countries have interests that are separate and aside from personal friendships and relationships, former Foreign Affairs Minister Fred Mitchell said yesterday.
"The FNM tried to make a meal out of the fact that the PLP had principled positions at the UN and in its foreign policy which was in the best interest of The Bahamas. But they took the opportunity when they were in opposition to score cheap political points, saying we were being anti-American," said Mitchell, the PLP MP for Fox Hill.
"So what is their explanation now? Are they being anti-American because they voted the way they did at the United Nations?"
In an Op-Ed published in The Nassau Guardian on Saturday, Ambassador Avant criticized The Bahamas for its decision to abstain from part of a vote at the United Nations on resolutions on the human rights situations in Iran, Burma and North Korea.
"It is our fervent hope that The Bahamas and others in the Caribbean region who abstained or voted against these resolutions will reconsider their positions. We cannot stand by and wait when people's lives are at stake and the principles that we all purport to share — respect for democracy, the rule of law and human rights — are in jeopardy," said Avant.
The votes on the resolutions condemning the human rights practices in the three countries were held on November 19 and 20, at the United Nations General Assembly's Third Committee.
The three resolutions passed.
The General Assembly allocates to the Third Committee a range of social, humanitarian affairs and human rights issues.
Mitchell said that as sovereign countries both The Bahamas and the U.S. have the right to their respective positions on the issue. He said historically The Bahamas and Caribbean countries have stayed away from resolutions specifically condemning countries, as was the case with the recent abstentions.
However, added Mitchell, the last PLP government moved away from this position, siding with the U.S. government on several resolutions at the request of former Secretary of State Condoleezza Rice.
When asked about the issue last week, Foreign Affairs Minister Brent Symonette said, "We voted in favor of the resolution. We abstained from the second part of the resolution which requires affirmative action. The resolution this year, to the best of my knowledge, dropped or left out certain other countries which it included last year.
"When we abstained from that vote, we also submitted an explanation — which I think the U.S. ambassador or certainly the State Department would have been fully aware of — which explains our situation. We have been approached by the Canadians and the Americans with regard to our actions and I am in the process of drafting a response to them."
December 22, 2009
thenassauguardian
The recent criticism of voting practices of The Bahamas by U.S. Ambassador Nicole Avant should show the government that countries have interests that are separate and aside from personal friendships and relationships, former Foreign Affairs Minister Fred Mitchell said yesterday.
"The FNM tried to make a meal out of the fact that the PLP had principled positions at the UN and in its foreign policy which was in the best interest of The Bahamas. But they took the opportunity when they were in opposition to score cheap political points, saying we were being anti-American," said Mitchell, the PLP MP for Fox Hill.
"So what is their explanation now? Are they being anti-American because they voted the way they did at the United Nations?"
In an Op-Ed published in The Nassau Guardian on Saturday, Ambassador Avant criticized The Bahamas for its decision to abstain from part of a vote at the United Nations on resolutions on the human rights situations in Iran, Burma and North Korea.
"It is our fervent hope that The Bahamas and others in the Caribbean region who abstained or voted against these resolutions will reconsider their positions. We cannot stand by and wait when people's lives are at stake and the principles that we all purport to share — respect for democracy, the rule of law and human rights — are in jeopardy," said Avant.
The votes on the resolutions condemning the human rights practices in the three countries were held on November 19 and 20, at the United Nations General Assembly's Third Committee.
The three resolutions passed.
The General Assembly allocates to the Third Committee a range of social, humanitarian affairs and human rights issues.
Mitchell said that as sovereign countries both The Bahamas and the U.S. have the right to their respective positions on the issue. He said historically The Bahamas and Caribbean countries have stayed away from resolutions specifically condemning countries, as was the case with the recent abstentions.
However, added Mitchell, the last PLP government moved away from this position, siding with the U.S. government on several resolutions at the request of former Secretary of State Condoleezza Rice.
When asked about the issue last week, Foreign Affairs Minister Brent Symonette said, "We voted in favor of the resolution. We abstained from the second part of the resolution which requires affirmative action. The resolution this year, to the best of my knowledge, dropped or left out certain other countries which it included last year.
"When we abstained from that vote, we also submitted an explanation — which I think the U.S. ambassador or certainly the State Department would have been fully aware of — which explains our situation. We have been approached by the Canadians and the Americans with regard to our actions and I am in the process of drafting a response to them."
December 22, 2009
thenassauguardian
Saturday, December 19, 2009
US Ambassador criticises Bahamas
US Ambassador Nicole Avant has criticised the Bahamas for abstaining from a UN vote on human rights resolutions concerning the actions of Iran, Burma and North Korea.She noted that formerly, the Bahamas was consistently one of the "brave souls" in the region that stood up for human rights.
Mrs Avant said it is the "fervent hope" of the United States that the Bahamas and other Caribbean countries who abstained or voted against the resolutions will reconsider.
"We cannot stand by and wait when people's lives are at stake and the principles that we all purport to share-- respect for democracy, the rule of law and human rights -- are in jeopardy," she said.
December 19, 2009
tribune242
Friday, December 18, 2009
Bahamas: Urban Renewal programme workers frustrated over political wrangling
By NOELLE NICOLLS
Tribune Staff Reporter
nnicolls@tribunemedia.net:
COMMUNITY workers have told The Tribune about their frustration at the political wrangling over Urban Renewal.
Talk has raged for months among politicians about who founded the programme, who changed the programme, who stopped and restarted the programme, and whose programme was more effective.
But people who work on the programme say the political points-scoring is damaging Urban Renewal and affecting the people who are in dire need.
"People believe we are not doing anything and it takes away from the work which is being done," said Kolamae Pedican, manager for the Kemp Road Urban Renewal Centre.
"I am working hard and it makes me feel like the work I am doing does not matter. When people listen to the politicians they stop coming. They say they thought we were closed.
"There have been changes in the programme, but I am a civil servant and I have to respect the changes. The message needs to go out that Urban Renewal centres are not closed. We are still serving the public, we are still helping people and we still work very closely with the police. That baby just needs to go to rest."
Urban Renewal was introduced by the Progressive Liberal Party in their last term in government. The programme received international recognition and was lauded as a success story. When the Free National Movement assumed control of the government, they made changes to the programme, which have been widely criticised by the PLP. Under the PLP, the Royal Bahamas Police Force played a central role in the management and operation of the programme.
At the Kemp Road Centre, four officers and two reservists worked in the centre with case aids from the Department of Social Services. Pedican was one of those case aids serving under Centre Coordinator, Inspector Frankie-Mae Mather. The police are no longer stationed in the centre's offices, and some of their community policing activities, such as being stationed in schools, have been discontinued. However, they continue to work closely with the centre management, and with school principals.
Some members of the PLP have been critical of the removal of police officers from direct involvement in the programme. Some have further questioned the appointment of Ella Lewis as the Director, saying her position as former FNM candidate for Farm Road and Centreville, which is the constituency of Perry Christie, Leader of the Opposition, compromises her authority.
"I think the back and forth about what has been changed has had a negative affect on the programme. It is taking a lot of effort to go into the communities to inform people that the centres are open and the programmes are still active," said Ms Lewis.
"I was appointed because I am qualified: I am community based and community active. I live in an urban area. I have worked with inner city people all of my life. I have love and respect for the community and I am committed to making the Bahamas better through urban renewal," she said.
Ms Lewis said she acknowledges the good work that was done under Urban Renewal by the PLP. She said it was an excellent programme, but it lacked some of the structure necessary. Under her leadership, she said she is working to add that aspect to the programme to make it even more successful.
While the needs of each community vary, the nine Urban Renewal centres focus on ten core programmes, including: after-school programmes, where students get help with homework and school projects; senior citizen programmes, where seniors can participate in seminars, workshops, tours and socials; and youth activities, such as marching bands.
At the start of the FNM administration, two of the centres were closed for no more than two months, according to Ms Lewis, in order to facilitate staffing changes. All of the other centres remained open and active. In many instances, staff members carried over from the former administration.
At the Kemp Road Centre, three of the four current staff members served under the former structure. Former Centre Coordinator, Inspector Frankie-Mae Mather, provided the training for the new management.
PLP Senator Allyson Maynard-Gibson has been a vocal supporter of Urban Renewal under the PLP leadership. In her presentation on the Senate floor this week, she read several references from a report, "Urban Renewal: Past, Present and Possible Future" authored by Rhodes Scholar and physician Desiree Cox. Mrs Maynard-Gibson spoke about the success of the programme in curbing crime in urban communities.
"My point is bigger than Urban Renewal. I am interested in the problem of crime and seeing a major paradigm shift in this country so we have something that works, and so Bahamian people can live in peace and tranquility. My responsibility is to ensure the issues that impact our people are aired and that the government acts on issues that are critical," said Mrs Maynard-Gibson.
"There is no bigger issue than crime. Urban renewal was a transformative programme. I do not want to diminish the people working in Urban Renewal, I think they are trying their best, but if something is working it should be given more resources," she said.
Work in Urban Renewal centres across the island is continuing. The Kemp Road Centre hosted a Christmas tree lighting ceremony this week that attracted both young and old residents. One of their regular activities is a feeding programme. They work closely with the food rescue organisation Hands for Hunger to feed a steady stream of residents daily, who are unable to feed themselves.
"People are really appreciative and they look to us for support. They depend on us to educate them on things like applying for passports or getting a police record clean. They come to us to find out how to get help from the various government social services. If someone dies they call us; if someone is sick they call us; if someone gets locked up or married, they call us," said Ms Pedican.
Supporters of Urban Renewal say they are not interested in playing political games or engaging in a back and forth political debate. But Bahamas Democratic Movement leader Cassius Stuart said the debate is unavoidably political because politicians from the PLP and FNM are holding fast to particular positions and being very vocal about it.
"Quite frankly I believe both political leaders have been immature in their dealing with urban renewal policy. It is destroying the essence of what the programme should really be. We have a high degree of political immaturity at the top which is why we have problems at the bottom. There should be a clear and concise direction as to where the programme is going so everyone can have clarity," said Mr Stuart.
Mr Stuart said both parties have political motivations, which is underlying the heated rhetoric. In the case of the FNM, he said they want to claim that their changes were the real source of success for the programme. In the case of the PLP, he said they want to use the programme in its original form to propel them back into power.
"Who is going to suffer? Workers will suffer because there is no clear direction as to how the programme should be run. The people on the ground, who should really be receiving the assistance, young people, the elderly and less fortunate, will suffer if the workers can't do what they are supposed to do. Now it is a big mess because it is a political game. We are wasting time, because the politicians are confusing everything," said Mr Stuart.
Mr Stuart suggested the best solution for Urban Renewal would be to have it run by a non-governmental organisation. He said the objectives of the programme, which he identified as rebuilding urban communities and strengthening the relationship between residents and the police, require political non-interference, and responsible members of the community should look at taking it over.
In the new year, The Tribune will be looking at the achievements of Urban Renewal.
December 17, 2009
tribune242
Tribune Staff Reporter
nnicolls@tribunemedia.net:
COMMUNITY workers have told The Tribune about their frustration at the political wrangling over Urban Renewal.
Talk has raged for months among politicians about who founded the programme, who changed the programme, who stopped and restarted the programme, and whose programme was more effective.
But people who work on the programme say the political points-scoring is damaging Urban Renewal and affecting the people who are in dire need.
"People believe we are not doing anything and it takes away from the work which is being done," said Kolamae Pedican, manager for the Kemp Road Urban Renewal Centre.
"I am working hard and it makes me feel like the work I am doing does not matter. When people listen to the politicians they stop coming. They say they thought we were closed.
"There have been changes in the programme, but I am a civil servant and I have to respect the changes. The message needs to go out that Urban Renewal centres are not closed. We are still serving the public, we are still helping people and we still work very closely with the police. That baby just needs to go to rest."
Urban Renewal was introduced by the Progressive Liberal Party in their last term in government. The programme received international recognition and was lauded as a success story. When the Free National Movement assumed control of the government, they made changes to the programme, which have been widely criticised by the PLP. Under the PLP, the Royal Bahamas Police Force played a central role in the management and operation of the programme.
At the Kemp Road Centre, four officers and two reservists worked in the centre with case aids from the Department of Social Services. Pedican was one of those case aids serving under Centre Coordinator, Inspector Frankie-Mae Mather. The police are no longer stationed in the centre's offices, and some of their community policing activities, such as being stationed in schools, have been discontinued. However, they continue to work closely with the centre management, and with school principals.
Some members of the PLP have been critical of the removal of police officers from direct involvement in the programme. Some have further questioned the appointment of Ella Lewis as the Director, saying her position as former FNM candidate for Farm Road and Centreville, which is the constituency of Perry Christie, Leader of the Opposition, compromises her authority.
"I think the back and forth about what has been changed has had a negative affect on the programme. It is taking a lot of effort to go into the communities to inform people that the centres are open and the programmes are still active," said Ms Lewis.
"I was appointed because I am qualified: I am community based and community active. I live in an urban area. I have worked with inner city people all of my life. I have love and respect for the community and I am committed to making the Bahamas better through urban renewal," she said.
Ms Lewis said she acknowledges the good work that was done under Urban Renewal by the PLP. She said it was an excellent programme, but it lacked some of the structure necessary. Under her leadership, she said she is working to add that aspect to the programme to make it even more successful.
While the needs of each community vary, the nine Urban Renewal centres focus on ten core programmes, including: after-school programmes, where students get help with homework and school projects; senior citizen programmes, where seniors can participate in seminars, workshops, tours and socials; and youth activities, such as marching bands.
At the start of the FNM administration, two of the centres were closed for no more than two months, according to Ms Lewis, in order to facilitate staffing changes. All of the other centres remained open and active. In many instances, staff members carried over from the former administration.
At the Kemp Road Centre, three of the four current staff members served under the former structure. Former Centre Coordinator, Inspector Frankie-Mae Mather, provided the training for the new management.
PLP Senator Allyson Maynard-Gibson has been a vocal supporter of Urban Renewal under the PLP leadership. In her presentation on the Senate floor this week, she read several references from a report, "Urban Renewal: Past, Present and Possible Future" authored by Rhodes Scholar and physician Desiree Cox. Mrs Maynard-Gibson spoke about the success of the programme in curbing crime in urban communities.
"My point is bigger than Urban Renewal. I am interested in the problem of crime and seeing a major paradigm shift in this country so we have something that works, and so Bahamian people can live in peace and tranquility. My responsibility is to ensure the issues that impact our people are aired and that the government acts on issues that are critical," said Mrs Maynard-Gibson.
"There is no bigger issue than crime. Urban renewal was a transformative programme. I do not want to diminish the people working in Urban Renewal, I think they are trying their best, but if something is working it should be given more resources," she said.
Work in Urban Renewal centres across the island is continuing. The Kemp Road Centre hosted a Christmas tree lighting ceremony this week that attracted both young and old residents. One of their regular activities is a feeding programme. They work closely with the food rescue organisation Hands for Hunger to feed a steady stream of residents daily, who are unable to feed themselves.
"People are really appreciative and they look to us for support. They depend on us to educate them on things like applying for passports or getting a police record clean. They come to us to find out how to get help from the various government social services. If someone dies they call us; if someone is sick they call us; if someone gets locked up or married, they call us," said Ms Pedican.
Supporters of Urban Renewal say they are not interested in playing political games or engaging in a back and forth political debate. But Bahamas Democratic Movement leader Cassius Stuart said the debate is unavoidably political because politicians from the PLP and FNM are holding fast to particular positions and being very vocal about it.
"Quite frankly I believe both political leaders have been immature in their dealing with urban renewal policy. It is destroying the essence of what the programme should really be. We have a high degree of political immaturity at the top which is why we have problems at the bottom. There should be a clear and concise direction as to where the programme is going so everyone can have clarity," said Mr Stuart.
Mr Stuart said both parties have political motivations, which is underlying the heated rhetoric. In the case of the FNM, he said they want to claim that their changes were the real source of success for the programme. In the case of the PLP, he said they want to use the programme in its original form to propel them back into power.
"Who is going to suffer? Workers will suffer because there is no clear direction as to how the programme should be run. The people on the ground, who should really be receiving the assistance, young people, the elderly and less fortunate, will suffer if the workers can't do what they are supposed to do. Now it is a big mess because it is a political game. We are wasting time, because the politicians are confusing everything," said Mr Stuart.
Mr Stuart suggested the best solution for Urban Renewal would be to have it run by a non-governmental organisation. He said the objectives of the programme, which he identified as rebuilding urban communities and strengthening the relationship between residents and the police, require political non-interference, and responsible members of the community should look at taking it over.
In the new year, The Tribune will be looking at the achievements of Urban Renewal.
December 17, 2009
tribune242
Wednesday, December 16, 2009
Deputy Prime Minister Brent Symonette responds to Fred Smith's allegations over lawsuit
RESPONDING to allegations made in an affidavit by prominent attorney Fred Smith that FNM officials told him to drop a controversial lawsuit or lose his political dreams, Deputy Prime Minister Brent Symonette said he does not recall Mr Smith's version of the events.
As reported by The Tribune earlier this week, Mr Smith, QC, a senior partner with Callender's and Co in Grand Bahama filed an affidavit on December, 7 which alleges that the FNM's Candidates Committee told him he would not receive their endorsement for the Pine Ridge constituency in the 2007 general election -- unless he dropped lawsuit against a foreign developer.
At the time, Mr Smith represented the litigants against the Baker's Bay resort development in Guana Cay, Abaco.
Said Mr Symonette when contacted by The Tribune for a reaction to the allegations: "If Mr Smith has made those allegations in an affidavit form -- I don't think the party, the FNM party, is a member of the action in court and so we don't have a forum to deal with it. And if that's what he wishes to put in his affidavit -- (it's) a democratic country he can put it there.
"It's not my recollection of what happened but that's obviously his recollection."
Mr Smith represented the Save Guana Cay Reef Association in a four-year-long legal battle against the $500 million Baker's Bay development. The case was recently rejected by the Privy Council.
The lawyer alleges that money outweighed democracy in the selection of the FNM candidate for the Pine Ridge seat in 2007 -- claiming that the committee was worried that his part in the Guana Cay case would offend the FNM's "powerful financial backers."
Ultimately, another Grand Bahama attorney -- Kwasi Thompson -- was officially nominated for the constituency and was elected as MP for the area.
The affidavit was filed in connection with the argument over who should pay the legal costs in the unsuccessful appeal to the Privy Council launched by Mr Smith on behalf of the SGCRA seeking to have the initial ruling that gave the development the go-ahead in the face of the SGCRA's concerns overturned.
In the affidavit, Mr Smith stated: "My political aspirations and the wishes of the voters in the Pine Ridge Constituency Association were dashed as a result of this case.
"I was elected by the members of the (Pine Ridge Constituency) Association, prior to the last general election in 2007, to be the FNM candidate for the Pine Ridge Constituency. The next stage was for the FNM party candidates' committee to nominate me as the FNM party candidate for the election.
"Despite overwhelming local support I was told at one of the meetings with the committee members that unless I dropped the Guana Cay case, or unless I persuaded my clients to drop the case, I would not be chosen by the committee as the candidate for the next general election."
December 16, 2009
tribune242
As reported by The Tribune earlier this week, Mr Smith, QC, a senior partner with Callender's and Co in Grand Bahama filed an affidavit on December, 7 which alleges that the FNM's Candidates Committee told him he would not receive their endorsement for the Pine Ridge constituency in the 2007 general election -- unless he dropped lawsuit against a foreign developer.
At the time, Mr Smith represented the litigants against the Baker's Bay resort development in Guana Cay, Abaco.
Said Mr Symonette when contacted by The Tribune for a reaction to the allegations: "If Mr Smith has made those allegations in an affidavit form -- I don't think the party, the FNM party, is a member of the action in court and so we don't have a forum to deal with it. And if that's what he wishes to put in his affidavit -- (it's) a democratic country he can put it there.
"It's not my recollection of what happened but that's obviously his recollection."
Mr Smith represented the Save Guana Cay Reef Association in a four-year-long legal battle against the $500 million Baker's Bay development. The case was recently rejected by the Privy Council.
The lawyer alleges that money outweighed democracy in the selection of the FNM candidate for the Pine Ridge seat in 2007 -- claiming that the committee was worried that his part in the Guana Cay case would offend the FNM's "powerful financial backers."
Ultimately, another Grand Bahama attorney -- Kwasi Thompson -- was officially nominated for the constituency and was elected as MP for the area.
The affidavit was filed in connection with the argument over who should pay the legal costs in the unsuccessful appeal to the Privy Council launched by Mr Smith on behalf of the SGCRA seeking to have the initial ruling that gave the development the go-ahead in the face of the SGCRA's concerns overturned.
In the affidavit, Mr Smith stated: "My political aspirations and the wishes of the voters in the Pine Ridge Constituency Association were dashed as a result of this case.
"I was elected by the members of the (Pine Ridge Constituency) Association, prior to the last general election in 2007, to be the FNM candidate for the Pine Ridge Constituency. The next stage was for the FNM party candidates' committee to nominate me as the FNM party candidate for the election.
"Despite overwhelming local support I was told at one of the meetings with the committee members that unless I dropped the Guana Cay case, or unless I persuaded my clients to drop the case, I would not be chosen by the committee as the candidate for the next general election."
December 16, 2009
tribune242
Tuesday, December 15, 2009
A PROMINENT Bahamian lawyer told to 'Drop lawsuit or forget politics' in The Bahamas
By ALISON LOWE
Tribune Staff Reporter
alowe@tribunemedia.net:
A PROMINENT lawyer elected by the FNM's local association in Pine Ridge Grand Bahama as their preferred candidate to run in the 2007 general election alleges he was told by the party's decision-makers to drop a controversial lawsuit against a foreign developer or see his political aspirations denied.
Fred Smith, QC, senior partner with law firm Callender's and Co. in Freeport, claims in an affidavit filed on December 7 that he was informed by the FNM's Candidates Committee that he would not be endorsed by them for the Pine Ridge seat -- despite having the support of the Pine Ridge Constituency Association -- unless he either pulled out of representing litigants against the Baker's Bay resort development in Guana Cay, Abaco or convinced them to drop their case.
The attorney alleges that financial concerns trumped democracy in the selection of who would run under the FNM banner in the Grand Bahama constituency in 2007, with the committee expressing concern that his continued representation in the Guana Cay case would turn off "powerful financial backers" of the FNM.
Another Grand Bahama attorney, Kwasi Thompson, was officially nominated for the Pine Ridge seat, which he went on to win for the party.
Mr Smith represented the Save Guana Cay Reef Association in a four-year-long legal battle waged against the $500 million Baker's Bay development -- a bid that was recently rejected by the Privy Council.
The Association, which included Bahamians and non-Bahamian residents of Abaco, are against the development on the grounds that locals were not adequately consulted before central government gave approval to the developers of the project, which they considered unsustainable and a threat to the local environment.
The affidavit was filed in connection with the argument over who should pay the legal costs in the unsuccessful appeal to the Privy Council launched by Mr Smith on behalf of the SGCRA seeking to have the initial ruling that gave the development the go-ahead in the face of the SGCRA's concerns overturned.
In the affidavit he stated: "My political aspirations and the wishes of the voters in the Pine Ridge Constituency Association were dashed as a result of this case."
"I was elected by the members of the (Pine Ridge Constituency) Association, prior to the last general election in 2007, to be the FNM candidate for the Pine Ridge Constituency."
"The next stage was for the FNM party candidates' committee to nominate me as the FNM party candidate for the election.
"Despite overwhelming local support I was told at one of the meetings with the committee members that unless I dropped the Guana Cay case, or unless I persuaded my clients to drop the case, I would not be chosen by the committee as the candidate for the next general election."
Mr Smith said that among the reasons give were that the candidates committee believed his "association with the case would deter powerful financial backers (who were involved in real estate, construction, etc) which the FNM party needed support from because this case was considered anti-business and development."
Meanwhile, a further concern noted was that "the country needed foreign investment and the case was seen as being against foreign investment," although Mr Smith goes on to add that his clients "were all fully for foreign investment, but at a steady, proportionate and non environmentally destructive pace in Guana Cay."
"Another issue which they considered militated against choosing me was that I would be labelled as 'Haitian'," added the attorney, whose family -- father a Bahamian and mother of Lebanese descent -- spent many years in Haiti. The father, from an old Bahamian family, established a business in Haiti and lived there for many years before returning home to his Bahamian roots.
Mr Smith said it was suggested by the committee that if he withdrew as the Association's elected potential candidate and settled the Guana Cay case to make room for another person to be chosen instead, he could "consider an offer to be appointed" as an FNM senator.
"I declined to abandon my clients. Consequently I was not selected to be the FNM party's 'Torch Bearer' in the elections," said Mr Smith.
December 15, 2009
tribune242
Tribune Staff Reporter
alowe@tribunemedia.net:
A PROMINENT lawyer elected by the FNM's local association in Pine Ridge Grand Bahama as their preferred candidate to run in the 2007 general election alleges he was told by the party's decision-makers to drop a controversial lawsuit against a foreign developer or see his political aspirations denied.
Fred Smith, QC, senior partner with law firm Callender's and Co. in Freeport, claims in an affidavit filed on December 7 that he was informed by the FNM's Candidates Committee that he would not be endorsed by them for the Pine Ridge seat -- despite having the support of the Pine Ridge Constituency Association -- unless he either pulled out of representing litigants against the Baker's Bay resort development in Guana Cay, Abaco or convinced them to drop their case.
The attorney alleges that financial concerns trumped democracy in the selection of who would run under the FNM banner in the Grand Bahama constituency in 2007, with the committee expressing concern that his continued representation in the Guana Cay case would turn off "powerful financial backers" of the FNM.
Another Grand Bahama attorney, Kwasi Thompson, was officially nominated for the Pine Ridge seat, which he went on to win for the party.
Mr Smith represented the Save Guana Cay Reef Association in a four-year-long legal battle waged against the $500 million Baker's Bay development -- a bid that was recently rejected by the Privy Council.
The Association, which included Bahamians and non-Bahamian residents of Abaco, are against the development on the grounds that locals were not adequately consulted before central government gave approval to the developers of the project, which they considered unsustainable and a threat to the local environment.
The affidavit was filed in connection with the argument over who should pay the legal costs in the unsuccessful appeal to the Privy Council launched by Mr Smith on behalf of the SGCRA seeking to have the initial ruling that gave the development the go-ahead in the face of the SGCRA's concerns overturned.
In the affidavit he stated: "My political aspirations and the wishes of the voters in the Pine Ridge Constituency Association were dashed as a result of this case."
"I was elected by the members of the (Pine Ridge Constituency) Association, prior to the last general election in 2007, to be the FNM candidate for the Pine Ridge Constituency."
"The next stage was for the FNM party candidates' committee to nominate me as the FNM party candidate for the election.
"Despite overwhelming local support I was told at one of the meetings with the committee members that unless I dropped the Guana Cay case, or unless I persuaded my clients to drop the case, I would not be chosen by the committee as the candidate for the next general election."
Mr Smith said that among the reasons give were that the candidates committee believed his "association with the case would deter powerful financial backers (who were involved in real estate, construction, etc) which the FNM party needed support from because this case was considered anti-business and development."
Meanwhile, a further concern noted was that "the country needed foreign investment and the case was seen as being against foreign investment," although Mr Smith goes on to add that his clients "were all fully for foreign investment, but at a steady, proportionate and non environmentally destructive pace in Guana Cay."
"Another issue which they considered militated against choosing me was that I would be labelled as 'Haitian'," added the attorney, whose family -- father a Bahamian and mother of Lebanese descent -- spent many years in Haiti. The father, from an old Bahamian family, established a business in Haiti and lived there for many years before returning home to his Bahamian roots.
Mr Smith said it was suggested by the committee that if he withdrew as the Association's elected potential candidate and settled the Guana Cay case to make room for another person to be chosen instead, he could "consider an offer to be appointed" as an FNM senator.
"I declined to abandon my clients. Consequently I was not selected to be the FNM party's 'Torch Bearer' in the elections," said Mr Smith.
December 15, 2009
tribune242
Monday, December 14, 2009
Opposition Progressive Liberal Party (PLP) "does not support" former police commissioner Reginald Ferguson as director of Financial Intelligence Unit
THE Opposition PLP has announced that it does not support the appointment of former commissioner of police Reginald Ferguson to be director of the Financial Intelligence Unit.
In a party statement, the PLP claimed that Mr Ferguson was criticised in the report of the 2004 Commission of Inquiry into the mv Lorequin when drugs disappeared in a sting operation conducted by the US Drug Enforcement Agency.
“Mr Ferguson,” said the PLP statement, “was also criticised by Senior Justice Jon Isaacs in the case of R v Sean Bruey and Warren Ellis.”
In that case, said the PLP, the judge “accepted the sworn evidence of the witness who said that she was forced to give evidence by Mr Ferguson and that the evidence that she gave under duress was untrue.”
The party claimed that Mr Ferguson was given four separate chances to refute her sworn testimony, but did not.
“The failure to refute her evidence was deemed to be an admission by the Crown of the truth of her sworn evidence. An appeal was filed, but was withdrawn,” the party said.
Because of these incidents, the party did not think that Mr Ferguson should be appointed director of the Financial Intelligence Unit (FIU).
“The FNM through its inept management of financial services, including the ‘stop, review and cancel’ treatment given to the Ministry of Financial Services was in large measure responsible for the lay-offs of scores of young Bahamians from Bank of Butterfield, Ansbacher Trust Company, Royal Bank of Canada, First Caribbean Bank and other banks, trust companies, insurance companies and other financial services institutions,” said the statement.
“The PLP believes that there are many suitably qualified young persons in the Bahamas who are more than able to fill the post of the Director of the FIU. The PLP does not believe that someone aged 63 on pension of 60 per cent of $67,086 together with other benefits received by former commissioners of police ought to prevent young Bahamians from holding that post. The PLP is obliged to remind the public that senior police officers younger than Mr Ferguson were sent home without the offer of any other positions; many of them are still unemployed,” said the party statement.
December 14, 2009
tribune242
In a party statement, the PLP claimed that Mr Ferguson was criticised in the report of the 2004 Commission of Inquiry into the mv Lorequin when drugs disappeared in a sting operation conducted by the US Drug Enforcement Agency.
“Mr Ferguson,” said the PLP statement, “was also criticised by Senior Justice Jon Isaacs in the case of R v Sean Bruey and Warren Ellis.”
In that case, said the PLP, the judge “accepted the sworn evidence of the witness who said that she was forced to give evidence by Mr Ferguson and that the evidence that she gave under duress was untrue.”
The party claimed that Mr Ferguson was given four separate chances to refute her sworn testimony, but did not.
“The failure to refute her evidence was deemed to be an admission by the Crown of the truth of her sworn evidence. An appeal was filed, but was withdrawn,” the party said.
Because of these incidents, the party did not think that Mr Ferguson should be appointed director of the Financial Intelligence Unit (FIU).
“The FNM through its inept management of financial services, including the ‘stop, review and cancel’ treatment given to the Ministry of Financial Services was in large measure responsible for the lay-offs of scores of young Bahamians from Bank of Butterfield, Ansbacher Trust Company, Royal Bank of Canada, First Caribbean Bank and other banks, trust companies, insurance companies and other financial services institutions,” said the statement.
“The PLP believes that there are many suitably qualified young persons in the Bahamas who are more than able to fill the post of the Director of the FIU. The PLP does not believe that someone aged 63 on pension of 60 per cent of $67,086 together with other benefits received by former commissioners of police ought to prevent young Bahamians from holding that post. The PLP is obliged to remind the public that senior police officers younger than Mr Ferguson were sent home without the offer of any other positions; many of them are still unemployed,” said the party statement.
December 14, 2009
tribune242
Friday, December 11, 2009
Bahamas: Parliament to be prorogued
By KRYSTEL ROLLE ~ Guardian Staff Reporter ~ krystel@nasguard.com:
Prime Minister Hubert Ingraham announced yesterday that Parliament will be prorogued early next year, a move that Opposition Leader Perry Christie said could have "constitutional importance".
However, Ingraham said the government merely wishes to start a "new session with new and additional business" in the House of Assembly.
"We will therefore seek to dispose of the matters that are now on the agenda in January," Ingraham said. "There are several committees of the House that have been appointed for quite some time and I'd like to urge them to complete their reports before the end of January or very shortly thereafter."
This is the first time the Parliament is being prorogued since the Ingraham administration took office in 2007.
"We are mindful that prorogations are major events in the calendar of the House of Assembly in which a government determines to put forth its agenda — given the timing — that will take it into the next general election," Christie said.
"So clearly, it could be an eventful session that we're looking forward to when other constitutional important measures may be taken."
While Christie agreed with Ingraham that the select committees should try to give their reports by the beginning of the new year, he asked the Speaker of the House Alvin Smith to assist the committee heads to get necessary resources so that they can complete their work.
"We all agreed when appointing the committee, it was important work. We cannot frustrate a committee by withholding resources and therefore it is unable to get its work done and it's also for the crime committee as well. They are also important committees in terms of the times in which we live," Christie said.
Both the select committee on crime and the select committee looking into alleged sexual misconduct in public schools have had difficulties finishing their work, according to their respective chairpersons.
Bain and Grants Town MP Bernard Nottage, who chairs the crime committee, said the committee is seeking financial assistance from the government to make trips to Grand Bahama and the Family Islands.
The select committee on crime is mandated to examine the unacceptably high level of crime in The Bahamas, investigate to what extent social conditions have impacted the level of crime; review to what extent public institutions have added to the problem of crime and make recommendations for solutions to the crime problem.
Englerston MP Glenys Hanna-Martin chairs the committee looking into alleged sexual misconduct at public schools.
Concerns about alleged sexual abuse in public schools were heightened earlier this year after an allegation emerged that former Eight Mile Rock High School teacher Andre Birbal, of Trinidad and Tobago, molested a student who has since graduated.
House Speaker Smith agreed to meet with the chairpersons to ascertain exactly what their concerns are.
December 11, 2009
thenassauguardian
Prime Minister Hubert Ingraham announced yesterday that Parliament will be prorogued early next year, a move that Opposition Leader Perry Christie said could have "constitutional importance".
However, Ingraham said the government merely wishes to start a "new session with new and additional business" in the House of Assembly.
"We will therefore seek to dispose of the matters that are now on the agenda in January," Ingraham said. "There are several committees of the House that have been appointed for quite some time and I'd like to urge them to complete their reports before the end of January or very shortly thereafter."
This is the first time the Parliament is being prorogued since the Ingraham administration took office in 2007.
"We are mindful that prorogations are major events in the calendar of the House of Assembly in which a government determines to put forth its agenda — given the timing — that will take it into the next general election," Christie said.
"So clearly, it could be an eventful session that we're looking forward to when other constitutional important measures may be taken."
While Christie agreed with Ingraham that the select committees should try to give their reports by the beginning of the new year, he asked the Speaker of the House Alvin Smith to assist the committee heads to get necessary resources so that they can complete their work.
"We all agreed when appointing the committee, it was important work. We cannot frustrate a committee by withholding resources and therefore it is unable to get its work done and it's also for the crime committee as well. They are also important committees in terms of the times in which we live," Christie said.
Both the select committee on crime and the select committee looking into alleged sexual misconduct in public schools have had difficulties finishing their work, according to their respective chairpersons.
Bain and Grants Town MP Bernard Nottage, who chairs the crime committee, said the committee is seeking financial assistance from the government to make trips to Grand Bahama and the Family Islands.
The select committee on crime is mandated to examine the unacceptably high level of crime in The Bahamas, investigate to what extent social conditions have impacted the level of crime; review to what extent public institutions have added to the problem of crime and make recommendations for solutions to the crime problem.
Englerston MP Glenys Hanna-Martin chairs the committee looking into alleged sexual misconduct at public schools.
Concerns about alleged sexual abuse in public schools were heightened earlier this year after an allegation emerged that former Eight Mile Rock High School teacher Andre Birbal, of Trinidad and Tobago, molested a student who has since graduated.
House Speaker Smith agreed to meet with the chairpersons to ascertain exactly what their concerns are.
December 11, 2009
thenassauguardian
Tuesday, December 8, 2009
The Governing Free National Movement (FNM) slams Progressive Liberal Party (PLP) Chairman Bradley Roberts
By CANDIA DAMES ~ Guardian News Editor ~ candia@nasguard.com:
The Free National Movement (FNM) yesterday accused Progressive Liberal Party (PLP) Chairman Bradley Roberts of launching a personal attack on outgoing Commissioner of Police Reginald Ferguson because of a decision by the police force to probe a rape allegation against the former minister several years ago.
"It appears that Bradley Roberts' personal vendetta against Commissioner of Police Reginald Ferguson is related to the decision of the Royal Bahamas Police Force to properly investigate and to forward to the Office of the Attorney General the corroborated criminal complaint of having been raped made against then Cabinet Minister Bradley Roberts by a businesswoman," the FNM said in its statement.
The FNM statement was sent a day after Roberts released a statement in response to an announcement from the Cabinet Office that Ellison Greenslade has been appointed acting commissioner of police as Ferguson is on pre-retirement leave.
In his statement on Sunday, Roberts said the PLP remains disappointed over the initial "political" appointment of Ferguson.
"This was a human example of the FNM's policy of 'stop, cancel and review', in what would have been the most appropriate appointment of Mr. Greenslade," Roberts opined.
"This decision, we feel, contributed to the disintegration of trust on the Royal Bahamas Police Force as well as very regressive crime fighting strategies during one of the most socially chaotic periods in the history of our country."
The PLP chairman said Greenslade is therefore forced to begin his new post at a grave disadvantage with murder and armed robbery statistics higher than any other time in the country.
But the FNM shot back yesterday saying it is unfortunate that Roberts should continuously seek to politicize the Royal Bahamas Police Force and, in particular, the outgoing commissioner. The FNM said Roberts, while commenting on Greenslade's appointment, was unable to resist once again "making nasty personal attacks" on Ferguson.
Responding to the FNM's statement, Roberts said the party is "totally wrong" in its suggestion that he holds personal animosity toward Ferguson.
"The allegation of rape made against me was after all, unequivocally and unconditionally withdrawn by the virtual complainant," he noted.
"I do not for one moment believe that it was my statement on the appointment of Greenslade which caused the ire of Prime Minister Hubert Ingraham and (FNM Chairman) Carl Bethel," Roberts said.
"Rather, it was what I brought to the attention of the Bahamian public regarding a serious matter which was dealt with by a Senior Justice of the Supreme Court which involved Commissioner Ferguson. I am being so viciously attacked because of this matter of national interest which I revealed at a meeting of the PLP Fox Hill Branch..."
Roberts was referring to a ruling handed down months ago that was critical of the commissioner of police.
The Nassau Guardian reported recently that the Office of the Attorney General withdrew its appeal of Senior Supreme Court Justice Jon Isaacs' decision to stay the prosecution of two men accused of a murder that occurred almost 10 years ago.
Police arrested Shawn Saunders and Warren "Spy" Ellis last year and charged them with the murder of Timothy Jansen Henfield — who was killed in a drive-by shooting in 2000 — and conspiring to murder his older brother Marvin Henfield.
The prosecution's decision not to proceed with the appeal is significant as Prime Minister Ingraham had repeatedly said in Parliament that Isaacs' landmark ruling of May 27 would be challenged. Justice Isaacs said the evidence in the case had been "tainted by police misconduct."
Proposed prosecution witness Lorraine Major swore an affidavit alleging that police had pressured and tricked her into giving a statement that implicated both men in the murder. She alleged that Police Commissioner Ferguson (who at the time was acting commissioner) and an ASP Fernander had obtained her statement through coercion.
Roberts claimed that if this ruling had been made against a junior officer he would have been disciplined in accordance with Force Orders.
"COP Ferguson should be treated the same way as every other officer would have been treated; i.e. he should be suspended, interdicted, disciplined and the matter investigated," he said at the Fox Hill meeting. "COP Ferguson should go now without further delay."
Quoting what he said at the meeting, Roberts said the PLP was investigating the filing of a constitutional motion to put the commissioner of police on leave in accordance with Force Orders.
"I wish to make it clear that at no time did I personally attack retired Commissioner Ferguson, outside the realm of his office," the PLP chairman said in his statement yesterday.
"At no time for that matter can it be said that I have gone on a personal attack of the personal character of any politician or high-ranking member of society from the seat of the PLP chairmanship. I have been fierce on issues, fierce yes, on inefficiencies in the performance of duties. And I shall continue to, in a relentless fashion, expose these deficiencies and or corruption wherever they may be hiding, as it relates to the governance of our country.
"But the Bahamian public has my assurance that I will never sink to the level of gutter politics as has been espoused by this communications unit of the Free National Movement."
Roberts informed that his attorneys have advised that a portion of the FNM's statement is clearly libelous and as such his legal team is exploring the option of legal recourse.
December 08, 2009
thenassauguardian
The Free National Movement (FNM) yesterday accused Progressive Liberal Party (PLP) Chairman Bradley Roberts of launching a personal attack on outgoing Commissioner of Police Reginald Ferguson because of a decision by the police force to probe a rape allegation against the former minister several years ago.
"It appears that Bradley Roberts' personal vendetta against Commissioner of Police Reginald Ferguson is related to the decision of the Royal Bahamas Police Force to properly investigate and to forward to the Office of the Attorney General the corroborated criminal complaint of having been raped made against then Cabinet Minister Bradley Roberts by a businesswoman," the FNM said in its statement.
The FNM statement was sent a day after Roberts released a statement in response to an announcement from the Cabinet Office that Ellison Greenslade has been appointed acting commissioner of police as Ferguson is on pre-retirement leave.
In his statement on Sunday, Roberts said the PLP remains disappointed over the initial "political" appointment of Ferguson.
"This was a human example of the FNM's policy of 'stop, cancel and review', in what would have been the most appropriate appointment of Mr. Greenslade," Roberts opined.
"This decision, we feel, contributed to the disintegration of trust on the Royal Bahamas Police Force as well as very regressive crime fighting strategies during one of the most socially chaotic periods in the history of our country."
The PLP chairman said Greenslade is therefore forced to begin his new post at a grave disadvantage with murder and armed robbery statistics higher than any other time in the country.
But the FNM shot back yesterday saying it is unfortunate that Roberts should continuously seek to politicize the Royal Bahamas Police Force and, in particular, the outgoing commissioner. The FNM said Roberts, while commenting on Greenslade's appointment, was unable to resist once again "making nasty personal attacks" on Ferguson.
Responding to the FNM's statement, Roberts said the party is "totally wrong" in its suggestion that he holds personal animosity toward Ferguson.
"The allegation of rape made against me was after all, unequivocally and unconditionally withdrawn by the virtual complainant," he noted.
"I do not for one moment believe that it was my statement on the appointment of Greenslade which caused the ire of Prime Minister Hubert Ingraham and (FNM Chairman) Carl Bethel," Roberts said.
"Rather, it was what I brought to the attention of the Bahamian public regarding a serious matter which was dealt with by a Senior Justice of the Supreme Court which involved Commissioner Ferguson. I am being so viciously attacked because of this matter of national interest which I revealed at a meeting of the PLP Fox Hill Branch..."
Roberts was referring to a ruling handed down months ago that was critical of the commissioner of police.
The Nassau Guardian reported recently that the Office of the Attorney General withdrew its appeal of Senior Supreme Court Justice Jon Isaacs' decision to stay the prosecution of two men accused of a murder that occurred almost 10 years ago.
Police arrested Shawn Saunders and Warren "Spy" Ellis last year and charged them with the murder of Timothy Jansen Henfield — who was killed in a drive-by shooting in 2000 — and conspiring to murder his older brother Marvin Henfield.
The prosecution's decision not to proceed with the appeal is significant as Prime Minister Ingraham had repeatedly said in Parliament that Isaacs' landmark ruling of May 27 would be challenged. Justice Isaacs said the evidence in the case had been "tainted by police misconduct."
Proposed prosecution witness Lorraine Major swore an affidavit alleging that police had pressured and tricked her into giving a statement that implicated both men in the murder. She alleged that Police Commissioner Ferguson (who at the time was acting commissioner) and an ASP Fernander had obtained her statement through coercion.
Roberts claimed that if this ruling had been made against a junior officer he would have been disciplined in accordance with Force Orders.
"COP Ferguson should be treated the same way as every other officer would have been treated; i.e. he should be suspended, interdicted, disciplined and the matter investigated," he said at the Fox Hill meeting. "COP Ferguson should go now without further delay."
Quoting what he said at the meeting, Roberts said the PLP was investigating the filing of a constitutional motion to put the commissioner of police on leave in accordance with Force Orders.
"I wish to make it clear that at no time did I personally attack retired Commissioner Ferguson, outside the realm of his office," the PLP chairman said in his statement yesterday.
"At no time for that matter can it be said that I have gone on a personal attack of the personal character of any politician or high-ranking member of society from the seat of the PLP chairmanship. I have been fierce on issues, fierce yes, on inefficiencies in the performance of duties. And I shall continue to, in a relentless fashion, expose these deficiencies and or corruption wherever they may be hiding, as it relates to the governance of our country.
"But the Bahamian public has my assurance that I will never sink to the level of gutter politics as has been espoused by this communications unit of the Free National Movement."
Roberts informed that his attorneys have advised that a portion of the FNM's statement is clearly libelous and as such his legal team is exploring the option of legal recourse.
December 08, 2009
thenassauguardian
Friday, December 4, 2009
How the Baha Mar project collapsed
PRIME MINISTER Ingraham's expressed doubts on March 5 last year when moving a Resolution in the House of Assembly to authorise the Treasurer to transfer certain lands and buildings to Baha Mar Cable Beach Resorts, was like manna falling from heaven.
It was the excuse Harrah's Entertainment's new owners were looking for to cover the fact that they were manoeuvring behind the scenes to pull out of the $2.6 billion Cable Beach deal, while smiling coyly and announcing to the public that all stations were "go."
At first Opposition leader Perry Christie had agreed with Mr Ingraham's questioning of Harrah's commitment to the deal. "It seems to me," said Mr Christie at the time, "that Harrah's were looking for a way out and they used the speech and the words of the Prime Minister as an excuse, or part excuse for the way out."
However, Mr Christie suddenly changed his tune. Did he realise that if he let Mr Ingraham off the hook, the spotlight of blame would be on him and his government for the inordinate delays in signing the Baha Mar agreement? It didn't take Mr Christie long to rewrite his script. He urged Mr Ingraham to accept the blame and "responsibility" for setting back, "if not killing the proposal." Mr Christie, while admitting that other factors contributed to Harrah's walk out, continued to put full blame on Mr Ingraham's "intemperate language" and injecting the fear that the land conveyances for the project were in doubt. This, said Mr Christie, were the "straws that broke the camel's back."
While accusing fingers were still being pointed at Mr Ingraham, later that year a drama was being played out in a court room in New York, when the deceit of Harrah's new owners was unmasked. It was revealed that three days before signing the Heads of Agreement with the Ingraham government and making a public announcement of its intention to go ahead with the project, Harrah's new owners were plotting to pull out of the deal. This meeting took place in January. Mr Ingraham did not speak in the House until March.
Tribune Business reported allegations that the move to withdraw from the Baha Mar joint venture was directly linked to the takeover of Harrah's by two US private equity giants, Apollo Management and Texas Pacific, which purchased the gaming giant for $27.8 billion, and assumed $10.7 billion in debt, on January 28, 2008 -- three days before the supplemental heads of agreement were signed between Baha Mar and Government. Caesars Bahamas consented to the deal.
In the court case, Baha Mar alleged that Harrah's and its new owners decided to withdraw from the project to aid the former's balance sheet position, but instead of notifying its partners it looked for an excuse to withdraw. This was in January, 2008. Mr Ingraham made his remarks in the House two months later -- March 5, 2008.
And so we are left with the first part of Caesar Bahamas Investment Companies' printed complaint to its intended joint partner -- Baha Mar Joint Venture Holdings -- that "the long delays in reaching agreement with the government and completing the assemblage of the relevant land rights have contributed to considerable doubt about whether the project can be financed at all given the continuously deteriorating debt markets. These delays also raise grave concerns about increased costs and risk and create apprehension about your ability to execute in a timely manner."
Baha Mar was unable to execute in a timely manner because, as Sarkis Izmirlian told prime minister Christie in a letter on January 25, 2006: "You had given me your personal assurance that you would ensure that the Government would move to expeditiously accomplish the above (which Mr Izmirlian listed) by the New Year. Yet this did not happen." And he concluded: "If we cannot achieve the early February timeframe for accomplishing the above, I will have to inform Harrah's and Starwood that, despite my best efforts these past three odd years, the Government of The Commonwealth of the Bahamas has failed me. I certainly do not want to be known as the developer (and I'm certain you don't want to be known as the Prime Minister) that lost Caesars and Starwood. Today, more than before, I need your unambiguous support, Mr Prime Minister." This letter was dated January 26, 2006. Harrah's new owners did not come on the scene until two years later -- January 28, 2008.
As Bahamas Business pointed out, if the supplemental Heads of Agreement had been concluded with the PLP government by March 1, 2007 as they should have been, "the Bahamas, Cable Beach and Baha Mar would not be in the mess they are now in." The deal would have been airtight before Mr Ingraham won the government and Mr Christie would have been assured of his own legacy.
If the contracts had been concluded in March, 2007, "then Harrah's would likely have been locked into the Baha Mar deal and the project would have been well underway." But they were not concluded on time. A year later new buyers were in the picture and had taken over the gambling giant, the global economic situation started to look grim, and what was once a "hot" deal had turned "cold."
A major development project had collapsed, because, according to Mr Izmirlian, the Christie government had not met the promised deadlines, and as a result had lost Caesars and Starwood. The Bahamas was out in the cold, and the jobs that both governments had depended on to keep the economy moving were no more.
December 04, 2009
tribune242
It was the excuse Harrah's Entertainment's new owners were looking for to cover the fact that they were manoeuvring behind the scenes to pull out of the $2.6 billion Cable Beach deal, while smiling coyly and announcing to the public that all stations were "go."
At first Opposition leader Perry Christie had agreed with Mr Ingraham's questioning of Harrah's commitment to the deal. "It seems to me," said Mr Christie at the time, "that Harrah's were looking for a way out and they used the speech and the words of the Prime Minister as an excuse, or part excuse for the way out."
However, Mr Christie suddenly changed his tune. Did he realise that if he let Mr Ingraham off the hook, the spotlight of blame would be on him and his government for the inordinate delays in signing the Baha Mar agreement? It didn't take Mr Christie long to rewrite his script. He urged Mr Ingraham to accept the blame and "responsibility" for setting back, "if not killing the proposal." Mr Christie, while admitting that other factors contributed to Harrah's walk out, continued to put full blame on Mr Ingraham's "intemperate language" and injecting the fear that the land conveyances for the project were in doubt. This, said Mr Christie, were the "straws that broke the camel's back."
While accusing fingers were still being pointed at Mr Ingraham, later that year a drama was being played out in a court room in New York, when the deceit of Harrah's new owners was unmasked. It was revealed that three days before signing the Heads of Agreement with the Ingraham government and making a public announcement of its intention to go ahead with the project, Harrah's new owners were plotting to pull out of the deal. This meeting took place in January. Mr Ingraham did not speak in the House until March.
Tribune Business reported allegations that the move to withdraw from the Baha Mar joint venture was directly linked to the takeover of Harrah's by two US private equity giants, Apollo Management and Texas Pacific, which purchased the gaming giant for $27.8 billion, and assumed $10.7 billion in debt, on January 28, 2008 -- three days before the supplemental heads of agreement were signed between Baha Mar and Government. Caesars Bahamas consented to the deal.
In the court case, Baha Mar alleged that Harrah's and its new owners decided to withdraw from the project to aid the former's balance sheet position, but instead of notifying its partners it looked for an excuse to withdraw. This was in January, 2008. Mr Ingraham made his remarks in the House two months later -- March 5, 2008.
And so we are left with the first part of Caesar Bahamas Investment Companies' printed complaint to its intended joint partner -- Baha Mar Joint Venture Holdings -- that "the long delays in reaching agreement with the government and completing the assemblage of the relevant land rights have contributed to considerable doubt about whether the project can be financed at all given the continuously deteriorating debt markets. These delays also raise grave concerns about increased costs and risk and create apprehension about your ability to execute in a timely manner."
Baha Mar was unable to execute in a timely manner because, as Sarkis Izmirlian told prime minister Christie in a letter on January 25, 2006: "You had given me your personal assurance that you would ensure that the Government would move to expeditiously accomplish the above (which Mr Izmirlian listed) by the New Year. Yet this did not happen." And he concluded: "If we cannot achieve the early February timeframe for accomplishing the above, I will have to inform Harrah's and Starwood that, despite my best efforts these past three odd years, the Government of The Commonwealth of the Bahamas has failed me. I certainly do not want to be known as the developer (and I'm certain you don't want to be known as the Prime Minister) that lost Caesars and Starwood. Today, more than before, I need your unambiguous support, Mr Prime Minister." This letter was dated January 26, 2006. Harrah's new owners did not come on the scene until two years later -- January 28, 2008.
As Bahamas Business pointed out, if the supplemental Heads of Agreement had been concluded with the PLP government by March 1, 2007 as they should have been, "the Bahamas, Cable Beach and Baha Mar would not be in the mess they are now in." The deal would have been airtight before Mr Ingraham won the government and Mr Christie would have been assured of his own legacy.
If the contracts had been concluded in March, 2007, "then Harrah's would likely have been locked into the Baha Mar deal and the project would have been well underway." But they were not concluded on time. A year later new buyers were in the picture and had taken over the gambling giant, the global economic situation started to look grim, and what was once a "hot" deal had turned "cold."
A major development project had collapsed, because, according to Mr Izmirlian, the Christie government had not met the promised deadlines, and as a result had lost Caesars and Starwood. The Bahamas was out in the cold, and the jobs that both governments had depended on to keep the economy moving were no more.
December 04, 2009
tribune242
Community Activist Rodney Moncur Wants Prime Minister Hubert Ingraham Booted
By Karissma Robinson:
Workers Party Leader Rodney Moncur is calling for Prime Minister Hubert Ingraham to be swiftly removed from office.
Mr. Moncur said the prime minister is "failing miserably" to carry out the laws of the land and hang all those convicted of murder.
He said the prime minister also failed to pass laws that would prevent murderers from being freed on bail.
"Politicians are playing games with human suffering and the prime minister, in particular, ought to be fired forthwith by the Bahamian people, not only for gross incompetence, but for his negligence in maintaining law and order at a time when too many children go to bed crying in loneliness and fear every night because their fathers and mothers have been murdered," said Mr. Moncur.
The party leader said the country has come to the end of one of the most tragic years in history.
He said the nation has witnessed, over the last twelve months, a continued degradation of law and order. In fact he said that the country is "decomposing like a dead body."
Mr. Moncur added that for five long years not one murderer has been hanged, as prescribed by law.
"The record shows clearly that the convergence of legal argument and legal free judgment, during his term of office, led to many murderers being freed to continue to terrorize out communities," said Mr. Moncur.
The issue of capital punishment, he said, is the law of the land and it should be enforced without reference to who believes in it or who does not believe in it. Mr. Moncur said the nation at large should become very suspicious of its leaders, when they prove that they do not have the guts to change the country’s laws out of fear of a political backlash.
Mr. Moncur said his organization is calling for justice and pointed out that a hanged murderer will be forever deterred from carrying out another act of cruel, inhumane and unusual violence of human life.
The Workers Party, along with family members of murdered victims, will be hosting a pro-hanging march at RM Bailey Park on December 12 to demand that no murderer is granted bail and that all murderers are hanged promptly.
December 2nd, 2009
jonesbahamas
Workers Party Leader Rodney Moncur is calling for Prime Minister Hubert Ingraham to be swiftly removed from office.
Mr. Moncur said the prime minister is "failing miserably" to carry out the laws of the land and hang all those convicted of murder.
He said the prime minister also failed to pass laws that would prevent murderers from being freed on bail.
"Politicians are playing games with human suffering and the prime minister, in particular, ought to be fired forthwith by the Bahamian people, not only for gross incompetence, but for his negligence in maintaining law and order at a time when too many children go to bed crying in loneliness and fear every night because their fathers and mothers have been murdered," said Mr. Moncur.
The party leader said the country has come to the end of one of the most tragic years in history.
He said the nation has witnessed, over the last twelve months, a continued degradation of law and order. In fact he said that the country is "decomposing like a dead body."
Mr. Moncur added that for five long years not one murderer has been hanged, as prescribed by law.
"The record shows clearly that the convergence of legal argument and legal free judgment, during his term of office, led to many murderers being freed to continue to terrorize out communities," said Mr. Moncur.
The issue of capital punishment, he said, is the law of the land and it should be enforced without reference to who believes in it or who does not believe in it. Mr. Moncur said the nation at large should become very suspicious of its leaders, when they prove that they do not have the guts to change the country’s laws out of fear of a political backlash.
Mr. Moncur said his organization is calling for justice and pointed out that a hanged murderer will be forever deterred from carrying out another act of cruel, inhumane and unusual violence of human life.
The Workers Party, along with family members of murdered victims, will be hosting a pro-hanging march at RM Bailey Park on December 12 to demand that no murderer is granted bail and that all murderers are hanged promptly.
December 2nd, 2009
jonesbahamas
Shane Gibson claims 'vicious attack' on him is imminent
GOLDEN Gates MP Shane Gibson yesterday issued a cryptic warning to his supporters to "brace" themselves for "the most vicious attack" that he claimed is to be imminently carried out against him.
Mr Gibson, who stood to speak during the debate on a resolution to transfer land to the National Insurance Board from the Treasury, said the attack would be the most "vicious ever launched against an MP in this Bahamas."
"I expect next year to be the most challenging year in the history of my representation," said the MP.
Mr Gibson did not explain what he expected to take place as a result of this "attack" or for what reasons.
Speaking with The Tribune after the close of the parliamentary sitting yesterday morning, Mr Gibson said he was not prepared to say more at this time.
"I've said all I want to say right now on that issue. In due time I will reveal more about that."
December 03, 2009
tribune242
Mr Gibson, who stood to speak during the debate on a resolution to transfer land to the National Insurance Board from the Treasury, said the attack would be the most "vicious ever launched against an MP in this Bahamas."
"I expect next year to be the most challenging year in the history of my representation," said the MP.
Mr Gibson did not explain what he expected to take place as a result of this "attack" or for what reasons.
Speaking with The Tribune after the close of the parliamentary sitting yesterday morning, Mr Gibson said he was not prepared to say more at this time.
"I've said all I want to say right now on that issue. In due time I will reveal more about that."
December 03, 2009
tribune242
Tuesday, December 1, 2009
Tax Information Exchange Agreement (TIEA): AGREEMENT BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE COMMONWEALTH OF THE BAHAMAS FOR THE EXCHANGE OF INFORMATION RELATING TO TAXES
The Government of the People’s Republic of China and the Government of the Commonwealth of The Bahamas (“the Contracting Parties”):
Acknowledging that the Contracting Parties are competent to negotiate and conclude a tax information exchange agreement;
Desiring to provide a framework for cooperation and exchange of information in tax matters;
Agree to conclude the Agreement between the Government of the People’s Republic of
China and the Government of the Commonwealth of The Bahamas for the Exchange of
Information Relating to Taxes (hereinafter referred to as “this Agreement”) as follows:
ARTICLE 1
SCOPE OF AGREEMENT
1. The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to
the determination, assessment, verification and collection of such taxes, the recovery and enforcement of tax claims, and the investigation or prosecution of tax matters.
2. Information shall be exchanged in accordance with the provisions of this
Agreement and shall be treated as confidential in the manner provided in Article 8.
ARTICLE 2
JURISDICTION
To enable the appropriate implementation of this Agreement, information shall be provided in accordance with this Agreement by the competent authority of the requested party:
(a) without regard to whether the person to whom the information relates is a resident, national or citizen of a party, or whether the person by whom the information is held is a resident, national or citizen of a party; and
(b) provided that the information is present within the territory, or in the possession or control of a person subject to the jurisdiction, of the requested party.
ARTICLE 3
TAXES COVERED
1. The taxes covered by this Agreement are:
(a) in the case of the People’s Republic of China, all taxes except customs tariffs;
(b) in the case of the Commonwealth of The Bahamas, taxes of every kind and
description.
2. This Agreement shall also apply to any identical or substantially similar taxes imposed by either Contracting Party after the date of signature of this Agreement in addition to, or in place of, any of the taxes listed in paragraph 1.
3. The competent authorities of the Contracting Parties shall notify each other of any relevant changes to the taxation and related information gathering measures covered by this Agreement.
4. The taxes covered by this Agreement may be expanded or modified by mutual
agreement of the Contracting Parties in the form agreed upon by both Contracting Parties.
ARTICLE 4
DEFINITIONS
1. In this Agreement:
(a) “the People’s Republic of China”, when used in a geographical sense, means all the territory of the People’s Republic of China, including its territorial sea, in which the Chinese laws relating to taxation apply, and any area beyond its territorial sea, within which the People’s Republic of China has in accordance with international law sovereign rights of exploration for and exploitation of resources of the seabed and its sub-soil and superjacent water resources;
(b) “the Commonwealth of The Bahamas” when used in a geographical sense means the territory of the Commonwealth of The Bahamas, encompassing the land, the territorial waters, and in accordance with international law and Bahamian laws any area outside the territorial waters inclusive of the exclusive economic zone and the seabed and sub-soil over which The Bahamas exercises jurisdiction and sovereign rights for the purpose of exploration, exploitation and conservation of natural resources;
(c) “collective investment fund or scheme” means any pooled investment vehicle irrespective of legal form;
(d) “company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
(e) “competent authority” means,
(i) in the case of the People’s Republic of China, the State Administration of
Taxation or its authorized representative; and
(ii) in the case of the Commonwealth of The Bahamas, the Minister of
Finance or the Minister’s authorized representative;
(f) “information” means any fact, statement, document or record in whatever form;
(g) “information gathering measures” means judicial, regulatory or administrative laws and procedures enabling a Contracting Party to obtain and provide the information requested;
(h) “national” means,
(i) in relation to the People’s Republic of China, any individual possessing the nationality of the People’s Republic of China;
(ii) in relation to the Commonwealth of The Bahamas, any individual possessing the nationality or citizenship of, or who is a permanent resident of, the Commonwealth of The Bahamas;
(iii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting Party;
(i) “person” means a natural person, a company or any entity that is treated as a body corporate for tax purposes, or any other body or group of persons;
(j) “public collective investment fund or scheme” means any collective investment fund or scheme, in which the purchase, sale or redemption of shares or other interests is not implicitly or explicitly restricted to a limited group of investors;
(k) “publicly traded company” means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold “by the public” if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; and for this purpose, the term “principal class of shares” means the class or classes of shares representing a majority of the voting power and value of the company. For the purposes of this paragraph the term “recognised stock exchange” means:
(i) in the People’s Republic of China: the Shanghai Stock Exchange or the Shenzhen Stock Exchange;
(ii) in the Commonwealth of The Bahamas: the Bahamas International Securities Exchange;
(iii) any other stock exchange which the competent authorities agree to recognize for the purposes of the paragraph;
(l) “requested party” means the party to this Agreement which is requested to provide or has provided information in response to a request;
(m) “requesting party” means the party to this Agreement submitting a request for or having received information from the requested party;
(n) “tax” means any tax covered by this Agreement.
2. As regards the application of this Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Contracting Party, any meaning under the applicable tax laws of that Contracting Party prevailing over a meaning given to the term under other laws of that Contracting Party.
ARTICLE 5
EXCHANGE OF INFORMATION UPON REQUEST
1. The competent authority of a requested party shall provide upon request in writing information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the requested party if it occurred in the territory of the requested party. If the information received by the competent authority of the requested party is not sufficient to enable it to comply with the request for information, it shall advise the competent authority of the requesting party of that fact and request such additional information as may be required to enable the effective processing of the request.
2. If the information in the possession of the competent authority of the requested party is not sufficient to enable it to comply with the request for the information, the requested party shall use all relevant information gathering measures to provide the requesting party with the information requested, notwithstanding that the requested party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the requesting party, the competent authority of the requested party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authority, for the purposes of this Agreement, has the authority to obtain and provide upon request:
(a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees, beneficiaries and protectors; and in the case of foundations, information on founders, members, beneficiaries and directors or other senior officers of the foundation.
5. Notwithstanding the preceding paragraphs, this Agreement does not create an obligation on the parties to obtain or provide:
(a) ownership information with respect to publicly traded companies or public collective investment funds or schemes, unless such information can be obtained without giving rise to disproportionate difficulties;
(b) information relating to a period more than six years prior to the tax period under consideration;
(c) information in the possession or control of a person other than the taxpayer
that does not relate to the taxpayer.
6. The competent authority of the requesting party shall provide the following information to the competent authority of the requested party when making a request for information under this Agreement in order to demonstrate the forseeable relevance of the information to the request:
(a) the identity of the person under examination or investigation;
(b) the period for which the information is requested;
(c) the nature and type of the information requested, including a description of the information and/or specific evidence sought, and the form in which the requesting party would prefer to receive the information;
(d) the tax purposes for which the information is sought;
(e) reasonable grounds for believing that the information requested is present in the territory of the requested party or is in the possession or control of a person subject to the jurisdiction of the requested party;
(f) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
(g) a statement that the request is in conformity with this Agreement and the laws and administrative practices of the requesting party, and that if the requested information were within the jurisdiction of the requesting party then the competent authority of the requesting party would be able to obtain the information under the laws of the requesting party or in the normal course of administrative practice;
(h) a statement that the requesting party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
7. The competent authority of the requested party shall forward the requested information as promptly as possible to the competent authority of the requesting party. To ensure a prompt response, the competent authority of the requested party shall:
(a) confirm the receipt of a request in writing to the competent authority of the requesting party and shall notify the competent authority of the requesting party of any deficiencies in the request within 60 days of receipt of the request; and
(b) if the competent authority of the requested party has been unable to obtain and provide the information requested within 90 days of receipt of the request, including if obstacles are encountered in furnishing the information, or if the competent authority of the requested party refuses to provide the information, it shall immediately inform the competent authority of the requesting party to explain the reasons for its inability or the obstacles or its refusal.
ARTICLE 6
TAX EXAMINATIONS OR INVESTIGATIONS ABROAD
1. The requested party may, in accordance with its domestic laws, following receipt of notice of a reasonable time from the requesting party, allow representatives of the competent authority of the requesting party to enter the territory of the requested party in connection with a request to interview persons and examine records with the prior written consent of the persons concerned. The competent authorities of the Contracting Parties shall agree on the time and place of the intended meeting with the persons concerned.
2. At the request of the competent authority of the requesting party, and in accordance with its domestic laws, the competent authority of the requested party may permit representatives of the competent authority of the requesting party to be present at the tax examination in the territory of the requested party.
3. If the request referred to in paragraph 2 is granted, the competent authority of the requested party conducting the examination shall, as soon as possible, notify the competent authority of the requesting party of the time and place of the examination, the authority or person authorised to carry out the examination and the procedures and conditions required by the requested party for the conduct of the examination. All decisions regarding the conduct of the examination shall be made by the requested party conducting the examination in accordance with its domestic laws.
ARTICLE 7
POSSIBILITY OF DECLINING A REQUEST
1. The competent authority of the requested party may decline to assist:
(a) where the request is not made in conformity with this Agreement;
(b) where the requesting party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; or
(c) where the disclosure of the information requested would be contrary to the public policy (ordre public) of the requested party.
2. This Agreement shall not impose upon a Contracting Party any obligation to provide information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Information described in paragraph 4 of Article 5 shall not by reason of that fact alone constitute such a secret or process.
3. (a) The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information which would reveal confidential communications between a client (or his admitted legal representative) and a professional legal advisor where such communications are
(i) produced for the purposes of seeking or providing legal advice; or
(ii) produced for the purposes of use in existing or contemplated legal
proceedings;
(b) Information held with the intention of furthering a criminal purpose is not subject to legal privilege, and nothing in this Article shall prevent a professional legal advisor from providing the name and address of a client where doing so would not constitute a breach of legal privilege.
4. A request for information shall not be refused on the ground that the tax liability giving rise to the request is disputed by the taxpayer.
5. The requested party shall not be required to obtain and provide information which, if the requested information was within the jurisdiction of the requesting party, the competent authority of the requesting party would not be able to obtain under its laws or in the normal course of administrative practice.
6. The requested party may decline a request for information if the information is requested by the requesting party to administer or enforce a provision of the tax law of the requesting party, or any requirement connected therewith, which discriminates against a national of the requested party as compared with a national of the requesting party in the same circumstances.
ARTICLE 8
CONFIDENTIALITY
1. All information provided and received by the competent authorities of the
Contracting Parties shall be kept confidential and shall be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the
Contracting Parties officially concerned with the purposes specified in Article 1 and used by such persons or authorities only for such purposes, including the determination of any appeal. For these purposes, information may be disclosed in public court proceedings or in judicial proceedings.
2. The information may not be used for any purpose other than for the purposes stated in Article 1 and may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested party.
ARTICLE 9
SAFEGUARDS
The rights and safeguards secured to persons by the laws or administrative practices of the requested party remain applicable. The rights and safeguards shall not be applied by the requested party in a manner that unduly prevents or delays effective exchange of information.
ARTICLE 10
ADMINISTRATIVE COSTS
1. Costs that would be incurred in the ordinary course of administering the domestic tax laws of the requested party will be borne by the requested party when such costs are incurred for the purpose of responding to a request for information. Such ordinary costs would normally cover internal administration costs and any minor external costs.
2. All other costs that are not ordinary costs are considered extraordinary costs and will be borne by the requesting party. Examples of extraordinary costs include, but are not limited to, the following:
(a) reasonable fees charged by third parties for carrying out research;
(b) reasonable fees charged by third parties for copying documents;
(c) reasonable costs of engaging experts, interpreters, or translators;
(d) reasonable costs of conveying documents to the requesting party;
(e) reasonable litigation costs of the requested party in relation to a specific request
for information; and
(f) reasonable costs for obtaining depositions or testimony.
3. The Contracting Parties will consult each other in any particular case where extraordinary costs are likely to exceed $US1000 to determine whether the requesting party will continue to pursue the request and bear the cost.
ARTICLE 11
LANGUAGE
Requests for assistance and responses thereto shall be in English.
ARTICLE 12
MUTUAL AGREEMENT PROCEDURE
1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall use their best efforts to resolve the matter by mutual agreement.
2. In addition to the endeavours referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually determine the procedures to be used under Articles 5 and 6.
3. The competent authorities of the Contracting Parties may communicate with each other directly for the purposes of this Agreement.
4. The Contracting Parties may also agree in writing on other forms of dispute resolution.
ARTICLE 13
ENTRY INTO FORCE
The Contracting Parties shall notify each other in writing that they have completed the internal legal procedures necessary for the entry into force of this Agreement. This
Agreement shall enter into force on the thirtieth day upon the receipt of the latter notification. This Agreement shall have effect in respect of taxable years beginning on or after the date of entry into force.
ARTICLE 14
TERMINATION
1. This Agreement shall remain in force until terminated by either Contracting Party.
2. Either Contracting Party may terminate this Agreement by giving notice of termination in writing. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of notice of termination by the other Contracting Party.
3. If this Agreement is terminated, the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under this Agreement. All requests received up to the effective date of termination shall be dealt with in accordance with the terms of this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorised by the respective
Contracting Parties, have signed this Agreement.
DONE at Nassau in duplicate this 1st day of December 2009 , in the Chinese and English languages, both texts being equally authentic.
For the Government of the
People’s Republic of China
HU Dingxian
Ambassador to The Bahamas
For the Government of the
Commonwealth of The Bahamas
T. Brent Symonette
Deputy Prime Minister and
Minister of Foreign Affairs
Acknowledging that the Contracting Parties are competent to negotiate and conclude a tax information exchange agreement;
Desiring to provide a framework for cooperation and exchange of information in tax matters;
Agree to conclude the Agreement between the Government of the People’s Republic of
China and the Government of the Commonwealth of The Bahamas for the Exchange of
Information Relating to Taxes (hereinafter referred to as “this Agreement”) as follows:
ARTICLE 1
SCOPE OF AGREEMENT
1. The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to
the determination, assessment, verification and collection of such taxes, the recovery and enforcement of tax claims, and the investigation or prosecution of tax matters.
2. Information shall be exchanged in accordance with the provisions of this
Agreement and shall be treated as confidential in the manner provided in Article 8.
ARTICLE 2
JURISDICTION
To enable the appropriate implementation of this Agreement, information shall be provided in accordance with this Agreement by the competent authority of the requested party:
(a) without regard to whether the person to whom the information relates is a resident, national or citizen of a party, or whether the person by whom the information is held is a resident, national or citizen of a party; and
(b) provided that the information is present within the territory, or in the possession or control of a person subject to the jurisdiction, of the requested party.
ARTICLE 3
TAXES COVERED
1. The taxes covered by this Agreement are:
(a) in the case of the People’s Republic of China, all taxes except customs tariffs;
(b) in the case of the Commonwealth of The Bahamas, taxes of every kind and
description.
2. This Agreement shall also apply to any identical or substantially similar taxes imposed by either Contracting Party after the date of signature of this Agreement in addition to, or in place of, any of the taxes listed in paragraph 1.
3. The competent authorities of the Contracting Parties shall notify each other of any relevant changes to the taxation and related information gathering measures covered by this Agreement.
4. The taxes covered by this Agreement may be expanded or modified by mutual
agreement of the Contracting Parties in the form agreed upon by both Contracting Parties.
ARTICLE 4
DEFINITIONS
1. In this Agreement:
(a) “the People’s Republic of China”, when used in a geographical sense, means all the territory of the People’s Republic of China, including its territorial sea, in which the Chinese laws relating to taxation apply, and any area beyond its territorial sea, within which the People’s Republic of China has in accordance with international law sovereign rights of exploration for and exploitation of resources of the seabed and its sub-soil and superjacent water resources;
(b) “the Commonwealth of The Bahamas” when used in a geographical sense means the territory of the Commonwealth of The Bahamas, encompassing the land, the territorial waters, and in accordance with international law and Bahamian laws any area outside the territorial waters inclusive of the exclusive economic zone and the seabed and sub-soil over which The Bahamas exercises jurisdiction and sovereign rights for the purpose of exploration, exploitation and conservation of natural resources;
(c) “collective investment fund or scheme” means any pooled investment vehicle irrespective of legal form;
(d) “company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
(e) “competent authority” means,
(i) in the case of the People’s Republic of China, the State Administration of
Taxation or its authorized representative; and
(ii) in the case of the Commonwealth of The Bahamas, the Minister of
Finance or the Minister’s authorized representative;
(f) “information” means any fact, statement, document or record in whatever form;
(g) “information gathering measures” means judicial, regulatory or administrative laws and procedures enabling a Contracting Party to obtain and provide the information requested;
(h) “national” means,
(i) in relation to the People’s Republic of China, any individual possessing the nationality of the People’s Republic of China;
(ii) in relation to the Commonwealth of The Bahamas, any individual possessing the nationality or citizenship of, or who is a permanent resident of, the Commonwealth of The Bahamas;
(iii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting Party;
(i) “person” means a natural person, a company or any entity that is treated as a body corporate for tax purposes, or any other body or group of persons;
(j) “public collective investment fund or scheme” means any collective investment fund or scheme, in which the purchase, sale or redemption of shares or other interests is not implicitly or explicitly restricted to a limited group of investors;
(k) “publicly traded company” means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold “by the public” if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; and for this purpose, the term “principal class of shares” means the class or classes of shares representing a majority of the voting power and value of the company. For the purposes of this paragraph the term “recognised stock exchange” means:
(i) in the People’s Republic of China: the Shanghai Stock Exchange or the Shenzhen Stock Exchange;
(ii) in the Commonwealth of The Bahamas: the Bahamas International Securities Exchange;
(iii) any other stock exchange which the competent authorities agree to recognize for the purposes of the paragraph;
(l) “requested party” means the party to this Agreement which is requested to provide or has provided information in response to a request;
(m) “requesting party” means the party to this Agreement submitting a request for or having received information from the requested party;
(n) “tax” means any tax covered by this Agreement.
2. As regards the application of this Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Contracting Party, any meaning under the applicable tax laws of that Contracting Party prevailing over a meaning given to the term under other laws of that Contracting Party.
ARTICLE 5
EXCHANGE OF INFORMATION UPON REQUEST
1. The competent authority of a requested party shall provide upon request in writing information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the requested party if it occurred in the territory of the requested party. If the information received by the competent authority of the requested party is not sufficient to enable it to comply with the request for information, it shall advise the competent authority of the requesting party of that fact and request such additional information as may be required to enable the effective processing of the request.
2. If the information in the possession of the competent authority of the requested party is not sufficient to enable it to comply with the request for the information, the requested party shall use all relevant information gathering measures to provide the requesting party with the information requested, notwithstanding that the requested party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the requesting party, the competent authority of the requested party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authority, for the purposes of this Agreement, has the authority to obtain and provide upon request:
(a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity;
(b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees, beneficiaries and protectors; and in the case of foundations, information on founders, members, beneficiaries and directors or other senior officers of the foundation.
5. Notwithstanding the preceding paragraphs, this Agreement does not create an obligation on the parties to obtain or provide:
(a) ownership information with respect to publicly traded companies or public collective investment funds or schemes, unless such information can be obtained without giving rise to disproportionate difficulties;
(b) information relating to a period more than six years prior to the tax period under consideration;
(c) information in the possession or control of a person other than the taxpayer
that does not relate to the taxpayer.
6. The competent authority of the requesting party shall provide the following information to the competent authority of the requested party when making a request for information under this Agreement in order to demonstrate the forseeable relevance of the information to the request:
(a) the identity of the person under examination or investigation;
(b) the period for which the information is requested;
(c) the nature and type of the information requested, including a description of the information and/or specific evidence sought, and the form in which the requesting party would prefer to receive the information;
(d) the tax purposes for which the information is sought;
(e) reasonable grounds for believing that the information requested is present in the territory of the requested party or is in the possession or control of a person subject to the jurisdiction of the requested party;
(f) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
(g) a statement that the request is in conformity with this Agreement and the laws and administrative practices of the requesting party, and that if the requested information were within the jurisdiction of the requesting party then the competent authority of the requesting party would be able to obtain the information under the laws of the requesting party or in the normal course of administrative practice;
(h) a statement that the requesting party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
7. The competent authority of the requested party shall forward the requested information as promptly as possible to the competent authority of the requesting party. To ensure a prompt response, the competent authority of the requested party shall:
(a) confirm the receipt of a request in writing to the competent authority of the requesting party and shall notify the competent authority of the requesting party of any deficiencies in the request within 60 days of receipt of the request; and
(b) if the competent authority of the requested party has been unable to obtain and provide the information requested within 90 days of receipt of the request, including if obstacles are encountered in furnishing the information, or if the competent authority of the requested party refuses to provide the information, it shall immediately inform the competent authority of the requesting party to explain the reasons for its inability or the obstacles or its refusal.
ARTICLE 6
TAX EXAMINATIONS OR INVESTIGATIONS ABROAD
1. The requested party may, in accordance with its domestic laws, following receipt of notice of a reasonable time from the requesting party, allow representatives of the competent authority of the requesting party to enter the territory of the requested party in connection with a request to interview persons and examine records with the prior written consent of the persons concerned. The competent authorities of the Contracting Parties shall agree on the time and place of the intended meeting with the persons concerned.
2. At the request of the competent authority of the requesting party, and in accordance with its domestic laws, the competent authority of the requested party may permit representatives of the competent authority of the requesting party to be present at the tax examination in the territory of the requested party.
3. If the request referred to in paragraph 2 is granted, the competent authority of the requested party conducting the examination shall, as soon as possible, notify the competent authority of the requesting party of the time and place of the examination, the authority or person authorised to carry out the examination and the procedures and conditions required by the requested party for the conduct of the examination. All decisions regarding the conduct of the examination shall be made by the requested party conducting the examination in accordance with its domestic laws.
ARTICLE 7
POSSIBILITY OF DECLINING A REQUEST
1. The competent authority of the requested party may decline to assist:
(a) where the request is not made in conformity with this Agreement;
(b) where the requesting party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; or
(c) where the disclosure of the information requested would be contrary to the public policy (ordre public) of the requested party.
2. This Agreement shall not impose upon a Contracting Party any obligation to provide information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Information described in paragraph 4 of Article 5 shall not by reason of that fact alone constitute such a secret or process.
3. (a) The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information which would reveal confidential communications between a client (or his admitted legal representative) and a professional legal advisor where such communications are
(i) produced for the purposes of seeking or providing legal advice; or
(ii) produced for the purposes of use in existing or contemplated legal
proceedings;
(b) Information held with the intention of furthering a criminal purpose is not subject to legal privilege, and nothing in this Article shall prevent a professional legal advisor from providing the name and address of a client where doing so would not constitute a breach of legal privilege.
4. A request for information shall not be refused on the ground that the tax liability giving rise to the request is disputed by the taxpayer.
5. The requested party shall not be required to obtain and provide information which, if the requested information was within the jurisdiction of the requesting party, the competent authority of the requesting party would not be able to obtain under its laws or in the normal course of administrative practice.
6. The requested party may decline a request for information if the information is requested by the requesting party to administer or enforce a provision of the tax law of the requesting party, or any requirement connected therewith, which discriminates against a national of the requested party as compared with a national of the requesting party in the same circumstances.
ARTICLE 8
CONFIDENTIALITY
1. All information provided and received by the competent authorities of the
Contracting Parties shall be kept confidential and shall be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the
Contracting Parties officially concerned with the purposes specified in Article 1 and used by such persons or authorities only for such purposes, including the determination of any appeal. For these purposes, information may be disclosed in public court proceedings or in judicial proceedings.
2. The information may not be used for any purpose other than for the purposes stated in Article 1 and may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested party.
ARTICLE 9
SAFEGUARDS
The rights and safeguards secured to persons by the laws or administrative practices of the requested party remain applicable. The rights and safeguards shall not be applied by the requested party in a manner that unduly prevents or delays effective exchange of information.
ARTICLE 10
ADMINISTRATIVE COSTS
1. Costs that would be incurred in the ordinary course of administering the domestic tax laws of the requested party will be borne by the requested party when such costs are incurred for the purpose of responding to a request for information. Such ordinary costs would normally cover internal administration costs and any minor external costs.
2. All other costs that are not ordinary costs are considered extraordinary costs and will be borne by the requesting party. Examples of extraordinary costs include, but are not limited to, the following:
(a) reasonable fees charged by third parties for carrying out research;
(b) reasonable fees charged by third parties for copying documents;
(c) reasonable costs of engaging experts, interpreters, or translators;
(d) reasonable costs of conveying documents to the requesting party;
(e) reasonable litigation costs of the requested party in relation to a specific request
for information; and
(f) reasonable costs for obtaining depositions or testimony.
3. The Contracting Parties will consult each other in any particular case where extraordinary costs are likely to exceed $US1000 to determine whether the requesting party will continue to pursue the request and bear the cost.
ARTICLE 11
LANGUAGE
Requests for assistance and responses thereto shall be in English.
ARTICLE 12
MUTUAL AGREEMENT PROCEDURE
1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall use their best efforts to resolve the matter by mutual agreement.
2. In addition to the endeavours referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually determine the procedures to be used under Articles 5 and 6.
3. The competent authorities of the Contracting Parties may communicate with each other directly for the purposes of this Agreement.
4. The Contracting Parties may also agree in writing on other forms of dispute resolution.
ARTICLE 13
ENTRY INTO FORCE
The Contracting Parties shall notify each other in writing that they have completed the internal legal procedures necessary for the entry into force of this Agreement. This
Agreement shall enter into force on the thirtieth day upon the receipt of the latter notification. This Agreement shall have effect in respect of taxable years beginning on or after the date of entry into force.
ARTICLE 14
TERMINATION
1. This Agreement shall remain in force until terminated by either Contracting Party.
2. Either Contracting Party may terminate this Agreement by giving notice of termination in writing. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of notice of termination by the other Contracting Party.
3. If this Agreement is terminated, the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under this Agreement. All requests received up to the effective date of termination shall be dealt with in accordance with the terms of this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorised by the respective
Contracting Parties, have signed this Agreement.
DONE at Nassau in duplicate this 1st day of December 2009 , in the Chinese and English languages, both texts being equally authentic.
For the Government of the
People’s Republic of China
HU Dingxian
Ambassador to The Bahamas
For the Government of the
Commonwealth of The Bahamas
T. Brent Symonette
Deputy Prime Minister and
Minister of Foreign Affairs
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