business@tribunemedia.net
WEDNESDAY, JANUARY 6, 2021
$3.98 Bahamas to know if ‘oil rich’ within six weeks, says BPC
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net BAHAMAS Petroleum Company (BPC) yesterday hailed a Supreme Court verdict that likely removes all obstacles to completion of its first exploratory oil well within the scheduled 45-60 day timeframe. The oil explorer, in a statement issued last night, argued that Justice Petra Hanna-Adderley’s decision not to grant a “stay” that would have halted its Perseverance One well meant Bahamians will “likely know within four to six weeks whether they are an oil-rich nation”. While the Supreme Court gave BPC’s opponents permission to proceed with their Judicial Review challenge to the project’s permits and approvals, the hearing on the merits of their claim will likely only take place between February 17-18 at the earliest. Given that Perseverance One, which has been spud in waters 90 miles west of Andros, started on December 20, 2020, and is estimated to take between 45-60 days to complete, there is every possibility that exploratory drilling will have finished or be near to finishing by the time the court date comes around. The February 17, 2021, date is some 59 days after the drilling started. Simon Potter, BPC’s chief executive, argued that Justice Hanna-Adderley’s ruling will allow the company, the government and Bahamian people to soon know whether commercial quantities of extractable oil exist beneath this country’s waters. While analysis of the results may take slightly longer than the four to six weeks indicated, Mr Potter said: “Today’s court ruling means that the drilling of Perseverance One will continue, in accordance with our licence obligations and consistent with the permits issued to BPC by the Government of The Bahamas. “Those drilling operations, which have been underway since December 20, 2020, have the well on track to provide results within the 45 to 60-day period the company has consistently advised. It is thus clear now that the environmentalist applicants have failed in their last-minute attempt to interrupt the drilling of Perseverance One and the government’s legitimate assessment of hydrocarbon resource potential in the
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Wrong e-mail caused blacklisting by France By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
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SIMON POTTER
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HE Bahamas was blacklisted by France because of an incorrect e-mail address, the attorney general has revealed to Tribune Business. Carl Bethel QC disclosed that French requests for information on the tax affairs of its citizens and companies had not been answered by The Bahamas because they were being sent to an e-mail address that was not being monitored by the Ministry of Finance. He added that once the problem was identified The Bahamas moved rapidly to address it, ensuring that French tax information exchange requests made under the Organisation for Economic Co-Operation and Development’s
• AG: Tax info requests went to incorrect address • Promises that ‘all concerns were addressed’ • Bahamas beefing-up ‘profile’ within Europe
CARL BETHEL QC (OECD) common reporting standard (CRS) and other applicable treaties were responded to appropriately and within the required time. While France has yet to publicly confirm that The Bahamas has satisfied its concerns, and removed this nation from its so-called
national “blacklist”, Mr Bethel said he was confident “we have addressed the issues” that caused the problem to arise. He did not say who was responsible for the wrong address, or how many requests were involved. “The French CRS requests for information were not getting through to us. We’ve found out what the problem was and addressed all their concerns,” he told this newspaper. “The French had justifiable concerns. “Once we did an investigation we found there was a gap in our system where they were sending [the information requests] to one e-mail address that nobody looked at. Once we identified where they were
A PROMINENT QC yesterday urged the Town Planning Committee “to grab oil drilling by the horns” after it became embroiled in the escalating legal battle over exploration in Bahamian waters. Fred Smith QC, the Callenders & Co attorney and partner, told Tribune Business that Bahamas Petroleum Company (BPC) is “not out of the woods” yet despite Justice Petra Hanna-Adderley yesterday declining to grant a “stay” that would have halted drilling of its first
FRED SMITH QC
NIB rate hikes ‘always in play’
By YOURI KEMP Tribune Business Reporter ykemp@tribunemedia.net
the power to issue “a stop order” to BPC, on the basis that its well lacks the necessary “site plan approval” under the Planning and Subdivisions Act, after Justice Hanna-Adderley added the regulatory body as a “respondent” to his environmental activist clients’ Judicial Review challenge. She found that Waterkeepers Bahamas and the Coalition to Protect Clifton
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• QC: Body has power to halt BPC ‘overnight’ • Now it added to legal battle and Act applies • Judicial Review go-ahead ‘gold’ for activists exploratory well in waters 90 miles west of Andros. While BPC hailed the decision as virtually removing all potential legal obstacles to completion of its Perseverance One well (see other article on Page 1B), Mr Smith argued that judicial intervention was now not necessarily required to halt exploratory drilling that is now into its third week. He said the Town Planning Committee possesses
BRENSIL ROLLE
A CABINET minister yesterday said the government was mulling whether to implement National Insurance Board (NIB) rate increases that have long been put off. Brensil Rolle, minister for the public service with responsibility for NIB , said increasing the rates has “always been in discussion”. He added: “All of the previous directors have been pushing government to do just that. The government has not made that determination, though.” “We have got to take into consideration that during Dorian and this pandemic, the resources and the funding to the board has been diminished. We’ve got to make a decision to make sure the board continues to be able to serve, and that may mean consideration will be given to the recommendation that has been advanced to us many, many times by actuaries.” Mr Rolle said any conversation over an NIB rate increase needs to have a “national scope”, and the Bahamian people must be involved in the decision. NIB contributions, which take the form of a payroll tax, are currently split 3.9 percent/5.9 percent between employee and employer, respectively. Peter Goudie, the Bahamas Chamber of Commerce and Employers Confederation’s (BCCEC) labour specialist, told Tribune Business that increasing NIB’s contribution rates had been
sending it we found them, and the Ministry of Finance addressed every last once.” France’s decision to “blacklist” The Bahamas in December 2019 was greeted with outrage by the government and its ministers. K Peter Turnquest, former deputy prime minister and minister of finance, slammed the move as “devious” as he voiced his “total disgust” at the action. Slamming the “surreptitious” decision as “an affront” to international diplomatic norms, and the relationship this nation had sought to build with France, Mr Turnquest said then that The Bahamas’ inclusion
Town Planning urged: ‘Grab oil exploration by the horns’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
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NIB rate hikes: ‘Can’t get water from stone’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
BUSINESSES yesterday said talk of National Insurance Board (NIB) rate hikes is “a sign of what’s to come”, as they warned the government: “You cannot get water out of a stone.” Branville McCartney, the former Democratic National Alliance (DNA) leader, whose business interests include a law firm, pharmacy, private school and real estate, told Tribune Business that raising social security contribution rates now would be “terribly timed” given the economy’s continuing struggles to rebound from COVID-19’s devastation. Speaking after Brensil Rolle, minister with responsibility for National Insurance, suggested that “consideration must be given” to multiple calls for rate hikes if NIB is to meet its obligations to the Bahamian people, Mr McCartney said any increase would be a
• Bran: ‘Sign’ of austerity that will come • But increase now is ‘terrible timing’ • Accountability urged before rate rise
BRANVILLE MCCARTNEY
BEN ALBURY
tantamount to a tax rise that further depressed business profits and employees’ take home pay and spending. He admitted that talk of such increases was a further signal that The Bahamas and its people now face “an extremely tough decade” of austerity measures, including new and/or increased taxes and public spending
cuts, to pay for the COVID19 and Hurricane Dorian blow-out that has rapidly worsened a bad fiscal situation. “The business community is suffering as it is now,” Mr McCartney said in response to Mr Rolle’s comments. “Last year, I’m sure, the majority of companies would have seen the
worst business year perhaps in their existence. There has to be a balancing act when the government makes this determination to increase what is an indirect tax on the business community. “Don’t get me wrong. I understand what the government is trying to do. On the one hand, the government is trying to get money into NIB’s coffers because it has spent so much because of COVID-19, but you don’t want to cause businesses more strain because it leads to them going out of business and puts the strain on government.” NIB contributions, which take the form of a payroll tax, are currently split 3.9 percent/5.9 percent between employee and employer, respectively. Any increase would represent a rise in marginal labour costs, and
could prompt companies to either terminate some staff or freeze hiring at a time when the economy is burdened with a jobless rate some say is as high as 40-50 percent. Picking up this theme, Mr McCartney said any NIB rate increase that causes such developments would ultimately rebound on the government and social security system and be counter-productive, as they would become responsible for picking up the costs associated with increased unemployment. “You cannot draw water out of a stone,” he warned the government, “when businesses are taxed to the maximum with VAT, and the business licence fee is due in short order. I hope it doesn’t make the average business unsustainable by adding more taxes, whether it is indirect or not, to the business community. “It is terribly timed. People are wondering now...
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