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WEDNESDAY, JANUARY 3, 2024
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Ex-environment chief ‘grasping at straws’ By NEIL HARTNELL and FAY SIMMONS Tribune Business Reporters THE Bahamas’ former top environmental regulator was “grasping at straws” with his last-ditch bid to prevent the $4.85m seizure of his Shirley Street gas station by the Bank of The Bahamas’ bail-out vehicle. Justice Loren Klein, in a December 28, 2023, verdict, rejected efforts by Dr Donald Cooper, the ex-Bahamas Environment, Science and Technology (BEST) Commission chief, to obtain permission to appeal a prior Supreme Court order granting Bahamas Resolve “vacant possession” of the property which had been pledged as security for a delinquent loan. The judge found the evidence presented before him showed “minimal efforts” were made by Dr Cooper and his DLC Investments company “to service what were on any account significant and multiple loans”, as he upheld the original order
t 'PSNFS #&45 IFBE MPTFT CJE UP BQQFBM N HBT TUBUJPO TFJ[VSF t +VEHF CMBTUT ADBWBMJFS BUUJUVEF JO OPU TFSWJDJOH MPBOT GPS ZFBST t 6QIPMET WBDBOU QPTTFTTJPO GPS #BOL PG #BIBNBT CBJM PVU FOUJUZ while suggesting the former BEST Commission chief had zero “reasonable prospects of success” with his appeal. The gas station in question, formerly branded by Rubis and located just west of the Mackey Street and Shirley Street junction, was being fenced in and secured by workmen just prior to the Christmas holidays. The loan to Dr Cooper and DLC Investments was among the 13 ‘bad borrowers’ transferred to Bahamas Resolve as part of the first $100m taxpayer-funded
‘Absolutely horrible’ boat registration hikes kick-in By NEIL HARTNELL and FAY SIMMONS Tribune Business Reporters FISHERMEN and tour operators yesterday hit out at the “absolutely horrible” ten-fold and greater increase in boat registration and renewal fees that Bahamian businesses must pay with the New Year’s arrival. Paul Maillis, the National Fisheries Association’s (NFA) secretary, told Tribune Business it is “insane” that boat registration fees are as high as insurance costs for smaller craft as the hikes implemented in the 2023-2024 Budget kick-in following the year-end expiration of commercial vessel licences. Warning that many “subsistence” and smaller fishermen may be unable to afford the increases, and/or choose not to pay, he added that this would lead to “less people registering their boats and more illegal vessels out there. Mr Maillis also accused the Government of treating much of the Bahamian maritime industry with “disdain” over the fee hikes, and suggested that the scale of the increases exposed its “lack of knowledge” on the sector. He added that it seemed to view all boats as “a luxury, which is far from the truth”, and had failed to recognise that the registration fee rises will negatively impact “blue collar and marginal jobs”. Meanwhile, Andoni Lisgaris, the Bahamas Excursion Operators Association’s (BEOA) president, branded the increase in boat registration fees as “absolutely horrible” following what he described as a slow 2023 fourth quarter for the industry. He added that some operators are paying due taxes and fees in installments because “they can’t afford” one large lump sum payment given that the registration fee hike has coincided with Business Licence, VAT and National Insurance Board (NIB) contributions all becoming due. One excursion provider has endured a ten-fold increase in registration fees from $260 to $2,600. Mr Maillis yesterday said cynics are now using the word BOAT as an acronym for ‘Bring Out Another Thousand’. He added that hopes the Government might adjust the boat registration fee increases to ease the burden imposed on Bahamian fishermen have yet to materialise. “There’s been no change in what the Government has implemented. To-date, it’s as is,” Mr Maillis said. “The fishermen
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Bank of The Bahamas bail-out in 2014. Justice Klein, in his ruling, noted that the BISX-listed institution had advanced some $4.85m to DLC Investments via series of mortgages, debentures and agreements over an eightyear period between 2005 and 2012. The first $1.1m mortgage was secured on the gas station on July 26, 2005, and a further $350,000 and $152,000 were added via supplemental debentures and charges in 2006.
A December 23, 2011, “commitment letter” increased Bank of The Bahamas’ credit facility to $3.9m, while a further up-stamping worth $958,000 took place on November 21, 2012. Mr Cooper, meanwhile, had already guaranteed DLC Investments’ debts and liabilities up to $3.9m when the first mortgage was advanced on July 29, 2005. Justice Klein said the December 23, 2011, agreement restructured DLC Investments’ credit facilities via the granting of a $3.9m, ten-year demand loan carrying a 7.75 percent interest rate. The first six months mandated interestonly payments of $32,017, with blended principal and interest payments of a monthly $43,494 thereafter until full repayment at year-end 2011. Mr Cooper and DLC Investments defaulted on the loan terms and repayments and, on October 30, 2014, Bank of The Bahamas transferred their facilities to Bahamas Resolve
AN OPPOSITION MP yesterday blasted that the Bahamas continues to “fumble the ball” on the ease of doing business after spending a frustrating day unable to access the Department of Inland Revenue’s portal. Adrian White, the St Anne’s MP, told Tribune Business it seemed as if the New Year had begun with “the ghosts of 2023 in the back of our minds” after being unable to access the necessary accounts for VAT and Business Licence purposes on the tax authority’s online platform. Suggesting that the difficulties follow a systems upgrade by the Department of Inland Revenue in December, the attorney said its online portal was down yesterday morning on the first full business day of 2024, leaving the private sector and associated service providers
unable to conduct essential inquiries, file tax returns and make applications. While the portal came back up yesterday afternoon, Mr White said he and his firm were unable to access their accounts. While a response, featuring a link so that a new password can be entered, was eventually received the new password was “not processed” and access proved impossible before the working day ended. “I recall seeing something at the beginning of December that they were having a systems upgrade,” he told this newspaper of the Department of Inland Revenue, “which, in my mind, after experiencing everything over the past year, was foreboding of new problems to come. “It’s very unfortunate. Simple processes, which do not require the oversight of offshore jurisdictions, are still hindering us. We’re tripping up, fumbling the ball on what are the basics
RYAN PINDER KC SAM BANKMAN-
FRIED
AG: SBF prosecutors ‘rather misleading’ over second trial t 4BZT 64 XFMM LOFX #BIBNBT DPVME OPU HJWF DPOTFOU t 6OUJM '59 GPVOEFS T +VEJDJBM 3FWJFX BDUJPO EFUFSNJOFE t "OE UIBU DBNQBJHO mOBODF OPU JO ATVSSFOEFS XBSSBOU By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
of our economy’s efficient operations. “I don’t know who can give me assurance or confidence things are going to improve any time soon. This is up and down through many different types of business in The Bahamas. To start the New Year with the ghosts of 2023 in the back of our minds it’s a poor beginning to the New Year.” A Department of Inland Revenue spokesman, in response to Tribune Business inquiries, sent this newspaper a flyer saying its online tax administration website has been “successfully upgraded” and calling on businesses to check for an e-mail enabling them to reset their passwords and access the site.
THE Attorney General yesterday branded the US explanation for not proceeding with Sam Bankman-Fried’s second trial as “rather misleading” since prosecutors knew the FTX chief’s Bahamas action is still live. Ryan Pinder KC, in response to Tribune Business inquiries, confirmed that The Bahamas cannot give permission to bring extra charges against the now-convicted crypto exchange’s founder until the outcome of his Judicial Review challenge is determined by this nation’s legal system. He spoke out after Damian Williams, the US attorney for the southern New York federal district, and whose team successfully prosecuted Mr Bankman-Fried in his first trial, told the presiding judge that The Bahamas had neither agreed nor disagreed to giving its consent for the additional charges to be laid. Mr Williams, in a December 29, 2023, letter to Judge Lewis Kaplan, also wrote that the US federal government and prosecutors do “not have a timeline for when The Bahamas may respond” with a definitive answer” on the issue. As a result, rather than wait for this and the outcome of a second trial, the US attorney said “the public’s interest” is better served by dropping the extra charges and proceeding directly to sentencing Mr Bankman-Fried (SBF) on the first guilty verdict in March 2024. Mr Williams also reminded the judge that his prosecutors were unable to bring charges of “unlawful campaign finance contributions” against Mr Bankman-Fried in the first trial because they were not included among those for which the FTX chief was extradited from The Bahamas in December 2022. He added that this nation “did not consent” to their inclusion. However, Mr Pinder yesterday said the US knew well that the “unlawful campaign contributions” charge was not included in the original warrant of surrender for Mr Bankman-Fried and that this nation has no similar offence in its own laws. He added that prosecutors were also fully aware that The Bahamas could not give permission for the additional charges - and, by extension, a second trial - until the FTX founder’s legal proceedings in this jurisdiction are concluded.
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Bahamas ‘fumbling ball’ on doing business ease By NEIL HARTNELL and FAY SIMMONS Tribune Business Reporters
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ADRIAN WHITE
Central Bank mortgage ease may not have instant impact By NEIL HARTNELL and FAY SIMMONS Tribune Business Reporters A REALTOR yesterday hailed the Central Bank’s bid to help more persons “accomplish the Bahamian dream” although he warned the impact may not be felt instantly. Matt Sweeting, chief executive at 1oak Bahamas, told Tribune Business that the effects of the banking regulator’s abolition of the mortgage indemnity insurance requirement may not produce any results until the 2024 second quarter at earliest as both banks and borrowers will require time to adjust. “I think this is a great sign for 2024. It’s a good start to the year for a number of homeowners,” he said. “I think what’s
MATT SWEETING notable about what I read, and the implications, is this really - while they have made this adjustment - it does not directly correlate or relate to the banks’ application. “The bank can still require the same percentage as it did
before the Central Bank’s adjustment. That’s what leads me to conclude we won’t see any results of this until maybe the second quarter. The banks have to digest this as well. My conversation with a leading clearing bank manager suggests they are just seeing this as well. They are now figuring out how they are going to move forward and apply it.” Without mortgage indemnity insurance, residential home buyers had to come up with 15 percent or more of the total purchase price from their own pocket. The Central Bank’s elimination of this stipulation those potentially paves the way for more Bahamians to enter the residential housing market, as the down payment requirements may be less and access to mortgages improved
The regulator also gave the Bahamian commercial banking industry the go-ahead to assess the risk posed by individual mortgage borrowers on a caseby-case basis, thus providing more flexibility on the down payment demanded from home buyers. Mr Sweeting also suggested that the Central Bank easing may create a more competitive mortgage market, which would also work to the benefit of Bahamian home buyers. Noting that Bahamian-owned institutions have been offering down payments as low as 5 percent, he added that the change may force the Canadian institutions to relax their 15-20 percent demand.
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