03242021 BUSINESS

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business@tribunemedia.net

WEDNESDAY, MARCH 24, 2021

$4.81 Information Act critical to assess FDI risks posed By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A GOVERNANCE reformer yesterday said freedom of information is critical to assessing foreign direct investment (FDI) risks as oil exploration opponents demanded further disclosures by the government. Matt Aubry, the Organisation for Responsible Governance’s (ORG) executive director, told Tribune Business that fully enacting the Freedom of Information Act is critical to The Bahamas’ future sustainability as it will enable the public to play a greater part in decision-making and setting government policy. He spoke out after activists from the Our Islands, Our Future coalition issued a second letter in three months to Carl Bethel QC, the attorney general, requesting that the government - via the Freedom of Information Act - release more details on Bahamas Petroleum Company’s (BPC) licences and activities surrounding its recently-ended Perseverance One exploration well. Casuarina McKinneyLambert, the Bahamas Reef Environment Educational Foundation (BREEF) executive director, and Rashema Ingraham, executive director of Waterkeepers Bahamas, called on Mr Bethel and the Government to release information on “BPC’s plans, licenses, government approvals, activities and reports surrounding the Perseverance One well”. Also requesting that BPC’s “certificate of insurance” for its first exploratory well be produced, along with the “minimum” coverage requirements requested by the government, the duo wrote: “We respectfully make an additional request for copies of all drilling reports, communications, compliance and safety observations, drilling results data and analysis, and any information in the possession of your agency regarding potential or actual environmental impacts of the activities associated with the BPC’s Perseverance One well, whether they came to you from BPC, Black & Veatch or another source. “What data do you have supporting BPC’s stated discovery of ‘non-commercial quantities’ of oil? What are its properties and quantities? Was there methane or petroleum gas discovered as part of this effort? Are your recent public statements about the potential of methane extraction in Bahamian waters related to information provided by BPC?” Justifying their request, the activists added: “As you know the public is keenly interested in the issues surrounding exploration of hydrocarbons in our waters, and these issues are of critical national importance, given the resources at risk and the fact that more than 50 percent of our gross domestic product (GDP) is dependent on fisheries and tourism. “Only through transparent sharing of this information may we as Bahamians make an informed decision that is truly in the national interest. Our campaign has emphasised the critical role the marine environment has on our GDP where various businesses rely on the pristine state of our waters. These businesses provide jobs to more than 120,000 Bahamians with annual revenue around $8bn.”

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‘Be bold’: Infrastructure spend must hit 5% GDP

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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HE government has been urged to “be bold” with reforms to kickstart post-COVID economic recovery that include more than doubling projected annual infrastructure spending to between $600m-$700m. The Inter-American Development Bank (IDB), in a report obtained by Tribune Business, revealed that yearly infrastructure spending equivalent to four to five percent of Bahamian gross domestic product (GDP) is critical if The Bahamas is to break out of the low growth cycle that has afflicted it since the 2008-2009 recession. The multilateral lender added that achieving such a level of infrastructure investment would “sustain” an annual three to

• IDB: Only way to break low growth post-COVID • And hit 3-4% sustained expansion every year • Urges up to $700m annual capital project outlay

MARLON JOHNSON four percent expansion in Bahamian economic output, which the likes of the International Monetary Fund (IMF) said was critical to sustaining existing employment levels and absorbing the 5,000 per year school leavers into the workforce pre-pandemic. Acknowledging that it was impossible for the

government to be “fiscally responsible” and finance the closing of The Bahamas’ estimated $2bn infrastructure gap itself, the IDB paper said the only way to achieve these objectives is to pool and mobilise private capital via mechanisms such as the proposed National Infrastructure Fund and sovereign wealth fund. Setting out the rationale for initiatives that were recently highlighted by the prime minister, the report said: “To sustain an annual GDP growth rate equivalent to three percent to four percent, it is estimated that The Bahamas needs to invest four percent to five percent of GDP annually in infrastructure. “These levels of investment are outside the

possibilities of a fiscal responsible macroeconomic policy with budget resources. Consequently, The Bahamas needs to make a greater effort to tap into the mobilisation of private capital resources from both domestic and global sources.” The recent mid-year budget figures show the government’s own capital expenditure is deeply inadequate when it comes to achieving the infrastructure threshold advocated by the IDB. And even the elevated spending on so-called COVID stimulus projects for the 2020-2021 and 20212011 fiscal years is far short of the mark. Of the revised $429.5m

A FORMER Bahamian broker/dealer, which held the Securities Commission at bay for more than a year, has been charged with making “millions of dollars” through violations of US federal law. Guy Gentile and MintBroker International, the former Swiss America Securities, were this week accused by the Securities & Exchange Commission (SEC) of enabling thousands of American clients to “circumvent the rules” by operating as an unlicensed broker/dealer from their Bahamas base. The SEC, which has long targeted Mr Gentile and his operations, credited assistance from its Bahamian counterpart in helping build a case against a broker/ dealer that was said to have expanded over an eightyear period to employ 75

GUY GENTILE local staff with 40,000 customer accounts and $10m in assets. Mr Gentile did not respond to Tribune Business phone and e-mail messages before press time last night. However, this newspaper can reveal that he managed to successfully hold-off the

BISX Index off over 100 points in just 11 days By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

the combined legal moves thwarting the regulator by tying the matter up for over a year in the Supreme Court. Christina Rolle, the Securities Commission’s executive director, in a March 1, 2021, affidavit obtained by Tribune Business confirmed that Justice Ruth Bowe-Darville had “set aside” both Mr Gentile’s injunction and Judicial Review challenge. “In summary, the Judicial Review application failed,” Ms Rolle alleged. “In her oral decision, her ladyship [Justice Bowe-Darville] was not satisfied that there was any unreasonable conduct on the part of the Commission finding, among other

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• Made ‘millions’ from alleged law breaches • But held off Securities Commission for year • And able to flee jurisdiction for St Vincent Securities Commission of The Bahamas’ own efforts to initiate regulatory action until MintBroker International and its business had managed to flee the jurisdiction for St Vincent and the Grenadines. Represented by Philip Davis QC, the Opposition’s leader, Mr Gentile successfully obtained a Supreme Court injunction to overturn the Securities Commission’s five-day suspension of MintBroker International’s licence in late September 2019. He also launched a Judicial Review challenge on the basis that the Securities Commission had exceeded its authority and was not properly exercising its power in relation to the five-day suspension, with

MICHAEL ANDERSON

THE Bahamas International Securities Exchange’s (BISX) All-Share Index suffered a more than 100-point drop in 11 days last month a period coinciding with the failed CIBC FirstCaribbean deal. The Index, which measures combined share price movements among BISXlisted equities, fell from 2,072.37 to 1,963.79 between February 4 and February 15. Analysts suggested the decline was driven by slippage in the share prices of both CIBC FirstCaribbean International Bank and Commonwealth Bank, which both have large market capitalisations. CIBC FirstCaribbean’s share price fell from $11.24 to $10.20 over that 11-day period, while Commonwealth Bank’s dropped from $3.50 to $3.10. Both declines were around the ten percent threshold, with investors also likely to have been unnerved by the losses and increased provisioning associated with COVID-19. CIBC FirstCaribbean International Bank (Bahamas) plunged to a $63.543m net loss for the year to end-October 2020, while the collapse of efforts to sell a majority stake at the regional level also appear to have influenced market sentiment. Commonwealth Bank, too, has seen its profits impacted by loan loss provisions associated with the pandemic. Michael Anderson, RF Holdings’ president, said: “Those are two fairly large market capitalisations, and CIBC is by far the biggest one. Those are the two key movers. I think the shares that have really been doing better are some of the smaller market caps. Bahamas First has done well

Ex-Bahamas broker in new US accusations

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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Minister’s ‘serious concern’ over non-compete clauses By NEIL HARTNELL and YOURI KEMP Tribune Business Reporters A CABINET Minister yesterday voiced “serious concern” about the increasing insertion of so-called ‘non-compete clauses’ into employment contracts for hotel and tourism management executives. Elsworth Johnson, minister of financial services, trade and industry and Immigration, told reporters he had taken up the issue with Cabinet colleagues and labour officials given that it appeared to represent an undue restraint on trade in a small economy such as The Bahamas. “The other thing that I note that is a serious concern, and this is something where I also spoke to the minister of labour, (Dion Foulkes), the director of labour, (John Pinder), is where there is a strange thing in a contract of a noncompete clause,” he added. Mr Johnson questioned “how does” the hotel industry in The Bahamas have non-compete clauses for senior executives given the relatively small size of an economy where tourism

• Raises alert on tourism job contracts • But union chief says no ‘major alarm’ • Hotel union works on skills database

ELSWORTH JOHNSON

OBIE FERGUSON

represents more than 50 percent of gross domestic product (GDP). Obie Ferguson, the Bahamas Hotel Managerial Association’s (BHMA) president and labour attorney, told Tribune Business that the use of non-compete clauses in employment contracts had increased in recent years but had not risen to the point of causing “major alarm”. His union, which represents middle management in the hotel sector, had first seen such clauses two years

ago. Acknowledging that they do serve a legitimate purpose, Mr Ferguson nevertheless said they could become problematic if an impacted employee is made redundant due to the property’s closure and is not released from this clause, as it will bar them from immediately seeking new jobs. “It seems to be on the increase, but it is not to the point where it is causing a major alarm,” he told this newspaper of the industry’s use of non-compete clauses. “It is certainly on

the increase. I saw a couple almost two years ago. I saw signs of it coming in. I didn’t react to it because I thought it may be a one-off issue. “It may be a problem if there are circumstances that cause you not to be employed, but it has not been to the point where I have become somewhat concerned about it. I thought I may be putting something more than it really is on it.” Non-compete clauses typically prevent senior resort management, workers with specialist skills and/or access to commercially sensitive information from abruptly leaving their employer and going to work for a major rival. They are instead normally required to take a break of a year or two years before they can do so. These stipulations are typically used to prevent employees taking trade secrets, sensitive data or clients from their former

employer when they move to a rival, thereby giving the latter a competitive advantage. They are also used in mergers and acquisitions to prevent top management in the target firm from leaving immediately to start a rival business and/or take clients with them. Mr Ferguson, though, suggested that non-compete clauses could become “totally unfair” if a worker subject to such restrictions was terminated or made redundant through no fault of their own, such as the hotel property’s closure. In such circumstances they would be barred from seeking new work unless released from these provisions. If such a release was not forthcoming, Mr Ferguson said the former employer should pay the affected worker for the duration of the non-compete clause when such situations arise as they are being “prevented” from obtaining alternative employment. “If you go and work you can expose yourself to potential breach of contract,” he added. “They

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