03062020 BUSINESS

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business@tribunemedia.net

FRIDAY, MARCH 6, 2020

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Investor ‘comfort’ delays BPL bond By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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AHAMAS Power & Light’s (BPL) mammoth refinancing has been further delayed by the need to alter its enabling legislation to better protect investors, a Cabinet minister revealed yesterday. Desmond Bannister, minister of works, disclosed to Tribune Business that The Bahamas must make “one or two small tweaks” to the Electricity Rate Reduction Bond Act that was passed by Parliament in late

A CABINET minister yesterday told Bahamians to “stop focusing on the peanuts” as he revealed that the cruise lines’ Freeport projects will generate $63m in annual taxes from just one revenue stream. Dionisio D’Aguilar, minister of tourism and aviation, told Tribune Business that it was “impossible to put a negative spin” on the Grand Lucayan’s sale to the ITM/ Royal Caribbean joint venture as he pushed back hard against the deal’s critics. Pointing to the 2.5m extra cruise passengers that this partnership will bring to Freeport Harbour annually, Mr D’Aguilar said when combined with the 1m visitors that Carnival plans to bring to its Grand Port, and multiplied by the $18 per

DESMOND BANNISTER

2019 in response to global capital markets feedback. Admitting that “this is totally new territory for us”, Mr Bannister signalled that major institutions wanted greater comfort - given that the upcoming BPL bond issue will not be backed by a Bahamian government guarantee - before they would be prepared to invest their clients’ capital. Mr Bannister, while not

giving more details on the proposed changes, said the Attorney General’s Office was working on their drafting and that they should be presented to Parliament for its approval “very soon”. He also disclosed that the total sum sought to refinance BPL “may be less” than the $580m figure previously given. That

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• Minister: Single stream offsets Lucayan cost • Adds: ‘You can’t be negative about this deal’ • PLP paid Hutchison $20m a year subsidy

DIONISIO D’AGUILAR head departure tax, the government stands to earn an extra $63m annually from this one revenue stream alone. Mr D’Aguilar, who announced in late 2018 that he had scrapped the long-standing departure tax

US: Bahamas regulators are in denial over gaming risks By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE US government has accused “certain” Bahamian regulators of failing to accept the financial crime risks posed by online gaming and money transmission businesses. The Trump administration, in its just-released International Narcotics Control Strategy Report (INCSR), did not name the regulators it was referring to but signalled dissatisfaction with the number of money laundering prosecutions and convictions that occurred in this nation during 2019.

Noting that these had “dropped by at least 67 percent” despite the Financial Action Task Force’s (FATF) demand for improvements in this area before it will remove The Bahamas from its surveillance list, the US report - which is submitted to Congress annually - also signalled that the number of suspicious transactions reports (STRs) filed is too low for a financial sector with $400bn in client assets. And it also zeroed in on what it described as “global money laundering challenges” posed by The Bahamas’ casino and

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Private sector: Coronavirus not in our control By YOURI KEMP Tribune Business Reporter ykemp@tribunemedia.net PRIVATE sector executives yesterday said there was little they can do to combat the coronavirus outbreak and they will take their lead from the government . Wesley Ferguson, president of the Bahamas Taxi Cab Union (BTCU), told Tribune Business that while he was “very concerned” about the potential economic fall-out “there is nothing much that we can do within ourselves, because these things are controlled by The Bahamas’ government.

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Bar ethics body’s ‘woeful failure’ in QC reprimand

• Capital markets seek more legal changes • Minister: ‘This is new territory for us’ • Utility may seek less than $580m

‘Stop focusing on the peanuts’: GB deals grow one tax $63m By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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“Preparedness in the event that it happens, what is it we can do or cannot do, this information needs to come from The Bahamas government and they need to take the lead on what is the best way to protect ourselves.” Mr Ferguson added: “The taxi drivers are at the dock, they are at the hotels, they are at the airports. You have big countries like the United States that still don’t know how to exactly combat this disease. So we are basically marking time and hoping that it doesn’t come here, but the whole point is you know

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rebates previously granted to the cruise line, said this illustrated why Bahamians needed to focus on the employment, economic output and revenue gains that both projects will generate when they begin full operations in 2022. While the government’s opponents wanted to keep the focus on the Grand Lucayan purchase price and the operating losses sustained by taxpayers during its 18-month ownership, Mr D’Aguilar reiterated that these will be far outweighed by the long-term benefits of what he branded “a bloody good deal”. And he argued that the operating subsidies incurred

by the Minnis administration were far less than the annual sums paid to the previous owner, Hutchison Whampoa, by the last Christie and Ingraham governments to merely keep the Grand Lucayan open and its workforce employed. These subsidies, the minister said, often amounted to as much as $20m or more per annum. “A lot of focus has been put on the cost of the transfer, and the cost the government incurred while holding the hotel,” Mr D’Aguilar told Tribune Business. “While that may be news worthy at the moment, more focus needs

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By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Bahamas Bar Council’s ethics committee has been blasted by the Court of Appeal for “woefully failing” to explain its decision to reprimand a prominent QC. Sir Michael Barnett, the court’s president, in a unanimous verdict ruled that the committee’s inability to provide reasons for its findings against Wayne Munroe QC, pictured, and one of his associates, Donovan Gibson, was “sufficient” by itself to grant the two attorneys’ appeal. And he found that “natural justice” had been breached because Messrs Munroe and Gibson were not given an opportunity to respond before the ethics committee censured them - a verdict that resulted in the Court of Appeal setting aside the earlier findings against them. The ethics committee had reprimanded the duo, using the powers available under the Legal Profession Act, after finding they had allegedly breached The Bahamas Bar (Code of Professional Conduct) regulations in their handling of a client’s case. Millicent Gertrude Smith

had submitted a complaint against Mr Munroe on January 3, 2019, alleging that his law firm had failed to file the necessary documents or appear in court in relation to a matter he was consulted on eight years before. The late Anthony Smith had approached the wellknown QC about taking legal action against Doctor’s Hospital and Dr Dane Bowe over how they treated his leg injury. The doctor had allegedly left something in his leg and also used “the wrong type of steel” for Mr Smith’s diabetes. The ethics committee subsequently forwarded the complaint to Mr Munroe on January 7, 2019, seeking his response. The QC replied 14 days later stating that he did not have the file on the case as it had been forwarded to another attorney upon request. Mr Munroe was ultimately summoned on June 5, 2019, for an “inquisitorial hearing” that took place one month later featuring himself, Mrs Smith, her daughter and sonin-law. Mr Gibson attended even though he was not named in the complaint, yet the committee found he - as well as Mr Munroe - to be at fault and reprimanded the pair of them.

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