Earlin Williams Korean Fishing Boats Saga

Attorneys for Earlin Williams, president of Netsiwill Holdings Limited, want the Supreme Court to overturn a determination made by Agriculture and Fisheries Minister V. Alfred Gray that the Korean fishing vessels were not fully Bahamian owned

Minister Sued Over Korean Boats

By Candia Dames

Nassau, The Bahamas

19/03/2004

The saga of the Korean fishing boats takes on a new dimension as the owners take the government to court seeking to quash a decision withdrawing their permission to fish in Bahamian waters.

Attorneys for Earlin Williams, president of Netsiwill Holdings Limited, want the Supreme Court to overturn a determination made by Agriculture and Fisheries Minister V. Alfred Gray that the vessels were not fully Bahamian owned.

His attorneys plan to argue that Minister Gray had no power under law to cancel the permit, as the boats were fully owned by a Bahamian entity.

Mr. Williams insisted Thursday that, "The boats were mine at the outset of the mortgage."

His company reportedly secured the $2.5 million mortgage from Koreans for the vessels.  Mr. Williams has since said that the Koreans turned ownership of the boats over to him for $1.

After determining that the boats were not fully Bahamian owned, Minister Gray revoked Netsiwill's permit to conduct commercial fishing in Bahamian waters.  The Department of Fisheries also revoked the registration certificate for the vessels.

"I'm still curious as to how the Customs authorities were in a position to revoke my duty-free status," Mr. Williams told the Journal.

He added that the Minister "misdirected himself" in the actions he took.

"I'm going to court to compel the Minister to follow his statutory duty," Mr. Williams said.

After the revocation of the permit and certificate, the Bahamas Customs Department ordered Mr. Williams to pay $650,000 in customs duty as the boats were no longer duty free.

The action by Mr. Williams would come only days after the government took the matter to court, asking for an order of condemnation which would give the government the freedom to dispose of the vessels in the manner it sees fit.

Minister Gray told the Journal Thursday night that the government is seeking to "confiscate" the vessels so that they can be sold to the public.

Mr. Williams has said that in the worst-case scenario, he would find the $650,000 needed to clear the boats, 15 of which are impounded at Morgan's Bluff, Andros.  The larger vessel, known as the mother ship, remains docked off Grand Bahama.

But he indicated Thursday that push has not yet come to shove.

Mr. Williams said that his fishing operation would be "a super golden opportunity for the Ministry of Agriculture and Fisheries under the new regime of the Progressive Liberal Party government to show its ability to think outside the box and to live up to the fundamentals of economic empowerment for a forgotten people."

He also said that, "The special interests and other peculiar proclivities have kidnapped the Minister's attention and paralysed the Cabinet and personalities are being given centre stage when the role of the government is to lift up the people."

But Minister Gray said he acted within the law when he revoked the permit and certificate.

"I stand by the position we took," he told the Journal.  "Fishing in The Bahamas is reserved for Bahamians and [Mr. Williams and his group] could not prove that [they fully owned the vessels.]"

Minister Gray said that there were several infractions of the law as it relates to the proposed fishing venture.

He said Central Bank approval was never granted for the purchase of the vessels.

The Minister said that Mr. Williams was "going in the wrong direction" in taking the matter to court.

But he added that, "They have a right to file. The courts are available for everybody."

Buyers Are Interested In Earlin Williams Korean Boats

The Customs Management Act gives Customs officials the authority to put up for sale any item for which duties have not been paid after a given period of time.  Months after waiting for payment, Customs authorities appear poised to auction the vessels.

Buyers Want Korean Boats

By Candia Dames

candiadames@hotmail.com

Nassau, The Bahamas

11/03/2004

Government officials intend to seek a court order to have the 16 Korean fishing boats "condemned", which would give them the freedom to dispose of the vessels as they see fit, the Journal has learnt.

The 16 boats at the heart of the controversy that involved Korean investors were due to be auctioned before the end of the month, with unnamed buyers already expressing an interest in purchasing the vessels.

But those buyers will have to wait a little while longer for the opportunity to purchase the boats.

Fifteen of the boats remain impounded at Morgan's Bluff, Andros, and another one - that would have served as a processing ship - is in Grand Bahama, nearly four months after Fisheries Minister V. Alfred Gray told parliamentarians that the boats will be removed from The Bahamas "forthwith".

A government source conceded this week that Minister Gray was speaking without full knowledge of the law when he said the boats will be removed forthwith.

The Department of Fisheries revoked the registration certificates that were held by Netsiwill Holdings Limited after determining that the boats were not 100 percent Bahamian owned. Netsiwill principal, Earlin Williams, has since said that the Korean investors turned ownership of the boats over to him for $1.

He maintains that the revocation action should be reversed now that he has solved the issue of the "Bahamianization" requirement.

The boats remain in the possession of The Bahamas Customs Department, which said in a release last December that, "The vessels may not be moved or interfered with in any way without the express permission of the Department.  All 16 vessels are expected to leave Bahamian waters in due course of law after the completion of logistical arrangements for their removal from the jurisdiction of The Bahamas."

But after determining that Mr. Williams and his company had broken no law as it relates to Customs requirements, the department advised them to pay the $650,000 owed in duties.  The company paid $25,000 in stamp tax when the boats came in in October.

They were advised to pay duties after the revocation of the registration certificates, which meant that the items were no longer classified as duty-free.

Mr. Williams said on a Radio Love 97 programme in January that in the worst-case scenario, he would find the more than $600,000 to pay the customs duties for the boats.  But he did not return calls to the Journal on Tuesday and Wednesday to answer whether he had come up with the money.

The Journal has now learnt that government authorities do not want Customs to accept the payment if it is offered by Mr. Williams.

The Customs Management Act gives Customs officials the authority to put up for sale any item for which duties have not been paid after a given period of time.

Months after waiting for payment, Customs authorities appear poised to auction the vessels.

Minister Gray has explained that the registration certificates were revoked because the specifics regarding the Korean ownership of the boats were unknown to the government at the time the applications were submitted.

But Mr. Williams has said, "The Government of The Bahamas acted prematurely and acted without all the facts."

A $2.5 million mortgage had been attached to the vessels.

State Minister for Finance James Smith said Tuesday that the matter was now before the Office of the Attorney General and directed the Journal to Director of Legal Affairs Rhonda Bain.

But she was unavailable for comment on Wednesday.