business@tribunemedia.net
WEDNESDAY, FEBRUARY 19, 2020
$4.52 Bahamas must ‘totally embrace’ physical regime
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A FORMER attorney general yesterday said The Bahamas “must absolutely embrace” its new regulatory regime to attract fresh investment, jobs and companies to this jurisdiction. John Delaney, pictured, now principal of the Delaney Partners law firm, told Tribune Business that The Bahamas needed to stay out of trouble to fully exploit legislation such as the Commercial Entities (Substance Requirements) Act following its complete escape from the European Union’s (EU) tax “grey list”. This legislation has imposed an “economic substance” regime that requires companies to prove they have a physical presence, and are doing “real business”, in this jurisdiction, and Mr Delaney urged The Bahamas to quickly turn this regulatory regime transformation to its advantage by attracting more business to domicile here. “That is an opportunity for The Bahamas that it must absolutely embrace,” he told this newspaper. “To the extent we have a substantive economic presence, staff will be engaged, real economic activity will be transpiring here, and the impact on the local economy and yield from trade in international financial services will be far greater than if this was not the case.” The government appears to have been preparing for this eventuality since 2018 with the passage of the Commercial Enterprises Act, which is designed to remove immigrationrelated bureaucracy and red tape and make it easier for approved businesses in targeted industries to establish a physical presence in The Bahamas. While this Act has yet to translate into easily-apparent economic benefits, Mr Delaney said the cost and ease of doing business remain areas for The Bahamas to target if it is to capitalise on such reforms. “There are many things we can do to facilitate that,” he argued. “We should look to see if it is possible to have the kind of infrastructure that will facilitate the easy establishment of physical presence in The Bahamas for businesses wishing to do financial services business here that may not come otherwise. Many onshore jurisdictions are trying to do that, and it only makes sense for The Bahamas to do the same thing.” Mr Delaney added that The Bahamas’ existing tourist infrastructure, especially its airports, aviation connectivity and proximity to the US and Miami, were all features that could prove attractive for international businesses seeking to establish physical presence in The Bahamas. But another key, he argued, will be The Bahamas’ ability to maintain its reputation and seamless links to the international financial system by staying clear of future “blacklisting” initiatives. Its removal from the EU’s tax transparency monitoring
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EU sorted: Now for France and Holland By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
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HE deputy prime minister is “very confident” The Bahamas will resolve its blacklisting by individual European Union (EU) members after it yesterday completed its escape from the bloc’s tax watch-list. K Peter Turnquest told Tribune Business that this nation was “making progress in addressing the issues” including “distrust” - that led both France and the Netherlands to place it on their own individual “blacklists” of countries deemed non co-operative on tax matters. Disclosing that their concerns have now been identified, Mr Turnquest said they related to “similar issues that we’ve had in
EMMANUEL KOMOLAFE
the past with respect to the exchange of [tax] information”. This likely means that The Bahamas was failing to respond within the timeframe sought by both France and the Netherlands, and/or the content of the
information supplied was less than desired. The deputy prime minister added, though, that both EU members had failed to be totally transparent about the standards they wanted The Bahamas to meet before
A PROMINENT World Trade Organisation (WTO) advocate yesterday said he doubts The Bahamas will ever join, adding: “You can lead a horse to water but can’t make it drink”. Carey Leonard, the former Grand Bahama Port Authority (GBPA) in-house attorney, told Tribune Business he was “disappointed but not surprised” that Elsworth Johnson, the Cabinet minister with responsibility for the WTO negotiations, had told the House of Assembly on Monday that this nation will not achieve full membership within the next five years. The now-Callenders & Company attorney argued that the result of “kicking the can further down the road” would only be to erode The Bahamas’ economic competitiveness and result in it “slipping further behind the
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• ‘Can lead horse to water, can’t make it drink’ • Fears nation will only ‘slip further behind’ • Says accession was ‘too much hard work’
CAREY LEONARD rest of the world”. Arguing that it would have taken “too much hard work” to bring the longest-ever WTO accession to fruition, Mr Leonard said the decision to defer joining would cause “a gradual erosion” of economic output and the Bahamian middle class that will only become apparent long-term. “It certainly is an
opportunity missed,” Mr Leonard told this newspaper of Mr Johnson’s comments, “and it’s too bad the country is not going to get its act together. You can lead a horse to water but cannot make it drink. “It’s a very sad story for the economy long-term. It’s not going to have an impact right away, but there’s going to be a gradual erosion of the economic pie and the middle class. The employment rate may go down, but the bigger issue is who’s going to be employed and what are they going to be earning. We’re going to have lower-paying jobs, and the middle class is going to be something you can forget about.” Mr Leonard and other WTO membership
By YOURI KEMP Tribune Business Reporter ykemp@tribunemedia.net
advocates have argued that joining will force The Bahamas to modernise and liberalise its economy, and act reforms for its own benefit - such as improving the ease of doing business - that should have been implemented years ago. They also believe that legal upgrades, such as making the National Investment Policy statute law, would codify the so-called “rules of the game” and enable The Bahamas to attract greater levels of investment, while membership in world trade’s rules-based overseer would ensure Bahamian exporters have market access and can enter overseas countries with their products and
invoking their national “blacklists”. He also suggested communication with this nation had not been up to the mark. Speaking after the 27-nation EU confirmed The Bahamas’ removal from its so-called “grey list”, deeming this nation to be in full compliance with its tax-related demands, Mr Turnquest said this nation has no qualms about meeting global regulatory standards once “treated with mutual respect”. “I think the message is that The Bahamas has demonstrated, and attempted to
WTO advocate argues Bahamas to never join By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
NHI’s extra $10m ‘no cost overrun’
TOP National Health Insurance (NHI) executives yesterday said extra government funding was required to cover the five percent monthly increase in beneficiaries, and did not represent a “cost overrun”. Dr Robin Roberts, the National Health Insurance Authority’s chairman, said the almost $10m increase in the scheme’s 2019-2020 government subsidy was necessary to meet the demand for services. He argued that there should be no financial restrictions or controls imposed on how often a patient can see their doctor. Pointing out that there has been a 33 percent increase in enrolled NHI beneficiaries, from 55,000 to 73,000, Dr Roberts said: “We have been increasing at almost up to five percent per month. I think the word is out on the street that when you enroll with the NHI, first of all you get good service just to enroll. “I would like to believe that it is the intent of the government to improve the quality of care for all Bahamians. So they will do what is needed to provide the funding to do that. I hope there is no control in that because that is the whole purpose of the capitation, such that as many times as you need to see the doctor you can go and see him. “The good doctor will make sure that you don’t need to come and see him that often because he is going to try to correct the problem right from the beginning and, more importantly, prevent it from happening again.” Graham Whitmarsh, the NHI Authority’s managing director and chief executive, said the increased taxpayer subsidies for the scheme were “not a cost overrun”. He explained: “The model that NHI has is a very modern method of paying for primary healthcare. “It’s a method whereby a physician comes and
• DPM ‘very confident’ state blacklists resolved • Says ‘distrust’ at root of French, Dutch action • Will ‘keep eye on ball’ after ‘grey list’ escape
K PETER TURNQUEST
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Insurer suffers $220m in Hurricane Dorian claims By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
JS JOHNSON’s underwriting affiliate suffered just a $105,787 net loss for 2020 despite incurring more than $220m in insurance claims, it was revealed yesterday. The BISX-listed broker and agent, unveiling its results for the full-year and fourth quarter, said its reinsurance programme had minimised the losses sustained by Insurance Company of The Bahamas (ICB) due to the Category Five storm. ICB is the carrier through which JS Johnson places much of its property and casualty business. Alister McKellar, its managing director, told shareholders: “Given the scale of Dorian, we are fortunate to have only suffered a net loss of $105,787 in our underwriting division. “This accomplishment speaks volumes of the quality and financial strength of our reinsurance programme, which stood behind the more than $220m of gross claims recorded by ICB. [It is] still a meaningful change to the
• But reinsurance cuts loss to just $106k • JS Johnson profits decline near-9% • Agency growth cushions ICB impact
JS Johnson’s offices on Collins Avenue. $1.457m in profit earned the year prior.”the Bahamian property and casualty insurers buy huge quantities of reinsurance on an annual basis as their capital bases are simply not sufficient to cover the billions of dollars’ worth
of assets domiciled in this nation. They typically take only a small portion of the risk on to their books, with reinsurers covering the bulk of this exposure. JS Johnson’s total net income dropped by 8.9 percent year-over-year
to $6.44m, compared to $7.067m the prior year, due to Dorian’s impact on ICB’s figures. However, the agency and brokerage business produced positive gains despite the devastation inflicted upon Grand Bahama and Abaco.
“In contrast, our agency division enjoyed another successful year,” Mr McKellar said. “Total income grew a healthy 13 percent from $19.646 to $22.111m, the highest growth in several years, spurred on by the continued economic recovery throughout the majority of our islands. “This trend is expected to continue into 2020 with the inflow of foreign exchange and investment. Despite expenses increasing 11 percent, overall profitability rose 17 percent from $5.611m to $6.546m.” ICB’s gross claims are in line with those for the overall Bahamian property and casualty industry, with the total expected to be towards the upper end of the $1.5bn to $2bn range. Anton Saunders, RoyalStar Assurance’s managing director, previously revealed that the carrier and its reinsurance partners have set aside a $325m “gross reserve” to deal with some 1,800 Dorian-related claims. “The $2bn [collective industry claims payout] for Dorian is holding firm. You can forget the $1.5bn,” he said.