04142021 BUSINESS

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business@tribunemedia.net

WEDNESDAY, APRIL 14, 2021

$4.86 Royal Caribbean targets July 2021 for PI club’s start By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net ROYAL Caribbean is aiming to start construction on its Paradise Island “beach break” destination by July 2021 so it can receive guests by January 2023 to catch the expected postCOVID tourism revival. The cruise line’s accelerated developments plans were revealed in correspondence released by the Department of Physical Planning ahead of the upcoming April 28 virtual public consultation on its bid for site plan approval for the Royal Beach Club project. Lambert Knowles, principal of Engineering and Technical Services (ETS), the Bahamian “engineer of record” for Royal Caribbean, had initially informed Charles Zonicle, acting director of physical planning, in a November 11, 2020, letter that the cruise line was aiming to start construction work near the Colonial Beach area before year-end. “We are seeking your department’s preliminary site plan approval so that we can proceed with the detailed designs for the site plan approval and building permit applications,” Mr Knowles wrote. “Royal Caribbean anticipates starting construction in the 2021 fourth quarter and welcoming our first guests in the 2023 second quarter.” However, a subsequent March 1, 2021, letter from Mr Knowles to Mr Zonicle revealed that this timeline has now been accelerated. “Royal Caribbean anticipates starting construction in July of 2021 and welcoming guests in January of 2023,” he wrote. While this development is positive in one sense, given that it suggests Royal Caribbean remains confident about the strength and timing of the cruise industry’s rebound despite its own multi-billion COVID losses and the industry’s continued wait for permission to resume sailing from South Florida, it is equally likely to concern Bay Street merchants and all businesses that rely on the sector for their livelihood. For it raises that prospect that thousands of Royal Caribbean passengers, immediately upon arriving in Nassau, will be transported across the harbour to the cruise line’s own private beach break experience - depriving the likes of retailers, restaurants, tour and excursion operators, straw vendors, taxi drivers, hair braiders and the like of much-needed customers and revenues. The planned January 2023 opening will also likely coincide with the anticipated return to pre-COVID visitor arrivals numbers, which represents a critical moment for cruise-dependent Bahamian businesses and their employees in their bid to recover from the financial ravages of the pandemic. Toby Smith, the Bahamian entrepreneur behind a neighbouring $2m “beach break” destination focused on the lighthouse at Paradise Island’s western tip, yesterday argued that Royal Caribbean’s proposal will simply “suck the revenues from Bay Street, from Bahamians and future generations of Bahamians”. Mr Smith, who is embroiled in ongoing court battle with the government over a crown land lease agreement that covers several acres also sought by Royal Caribbean, argued that while foreign currency

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Hilton sale targeted by Sarkis legal aid request By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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HE British Colonial Hilton’s sale is among the multiple targets of a US court’s request for Bahamian judicial assistance relating to Sarkis Izmirlian’s $2.25bn legal battle with Baha Mar’s main contractor. Legal documents obtained by Tribune Business reveal that the New York State Supreme Court, which will ultimately determine the outcome of the fight between China Construction America (CCA) and Baha Mar’s original developer, is requesting help in obtaining potential evidence thought to be held by multiple Bahamas-based banks and companies. The assistance requests, made on behalf of both CCA and Mr Izmirlian’s BML Properties vehicle, ask the Attorney General’s

Workplace boost curing Tribunal’s • NY court seeks Bahamas help on $2.25bn dispute by ‘greatest weakness’ • Wants Cross & Mosko ‘compelled’ on CCA papers HARTNELL • Local engineering firm, two banks also targeted By NEIL Tribune Business Editor nhartnell@tribunemedia.net

THE BRITISH COLONIAL HILTON Office to apply to the Bahamian Supreme Court for orders compelling a realtor; engineering company; Scotiabank (Bahamas); Citibank (Bahamas); and the vehicle that engineered Baha Mar’s ultimate sale to produce documents that could bolster both sides’ legal claims. One requests that Cross & Mosko Real Estate and

Development Company, whose principals are Jimmy Mosko and Kevin Cross, produce multiple documents and communications relating to the British Colonial Hilton’s October 2014 sale to CCA which they brokered. Mr Izmirlian and BML Properties believe these may provide evidence to support

their claim that the Chinese state-owned contractor used a disputed $54m payment intended to “accelerate” its construction work at Baha Mar to instead fund its acquisition of the downtown Nassau resort. “Plaintiff seeks to obtain documents from Cross & Mosko, who brokered the sale in October 2014 of the British Colonial Hilton to defendants,” the New York court’s legal assistance request states. “These documents have a direct connection to the subject matter of the New York litigation because plaintiff alleges that in order to purchase and develop the British Colonial Hilton,

post-Dorian rebound. “I’m just hopeful that, on a macroeconomic level, the roll-out of the vaccine helps The Bahamas and helps Abaco to get through this and put this whole COVID19 period behind us. It’s had an horrendous impact on our recovery efforts. It basically stopped our recovery dead for a year. “We did get some things done but that was internal stuff. In terms of rebuilding Abaco to get back on the international market, no. It’s had a tremendous impact on us. I’m really hopeful that getting the vaccines out, not only locally but internationally, is going to help us turn that corner finally.”

THE National Tripartite Council’s chairman yesterday argued that curing the Industrial Tribunal’s “greatest weaknesses” will help ease workplace tensions throughout The Bahamas. Robert Farquharson, pictured, speaking as the Council released a discussion paper on proposed reforms designed to make the Tribunal “more effective and efficient”, told Tribune Business it had been forced to seek alternatives after the attorney general rejected longstanding arguments to convert it into the industrial arm of the Supreme Court. The paper, produced by a Legal Advisory Committee (LAC) appointed by the Council, disclosed that Carl Bethel QC and his ministry opposed such a move on the grounds that it went against the very goal of the Industrial Tribunal’s founding. The Attorney General’s Office, in a November 24, 2020, reply, told the Council: “One of the main reasons for the establishment of the Industrial Tribunal was to provide swift and informal investigations and resolutions into trade disputes with essential and non-essential services. “In particular, we note section 57(1) of the Industrial Relations Act (Chapter 321). It states that, so far as is possible, the Tribunal should avoid formality in the proceedings. Moreover, the Tribunal is not bound by any laws relating to admissibility of evidence in proceedings before the courts. “The transfer of these proceedings to a formal division of the Supreme Court would, in our view, impair the accessibility of the Tribunal to the average citizen and therefore run counter to the very reason for its establishment.”

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Further ‘3-5 years minimum’ for Abaco’s Dorian recovery By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net ABACO’S Chamber of Commerce president yesterday predicted the island’s post-Dorian reconstruction will take a further “three to five years minimum” after COVID-19’s “horrendous impact” on the recovery. Ken Hutton, hailing this week’s launch of Abaco’s COVID-19 vaccination roll-out as “great news”, told Tribune Business that the pandemic had “stopped our recovery dead for a year” as lockdowns, travel restrictions and associated public health measures both delayed and complicated rebuilding efforts in the category five storm’s aftermath. Voicing optimism that inoculations both in The Bahamas and abroad will further spur reconstruction as 2021 progresses, he expressed hope that Abaco

• COVID’s ‘horrendous impact’ on post-storm recovery • Chamber chief hopes ‘corner turned’ with vaccinations • Doubling of building material prices just latest obstacle

KEN HUTTON and the country’s wider economy will “finally turn the corner” as the pandemic starts to recede. Reiterating calls for the government to further extend the tax breaks associated with Abaco’s Special Economic Recovery Zone (SERZ) status beyond their present end-June expiry, given that supply chain backlogs are impacting the

ability to import appliances and other critical goods, the chamber chief said the island is also grappling with a “crazy” 100 percent increase in building material prices. Despite the rise in reconstruction costs, Mr Hutton said building-related activity “appears to be picking up” as increasing numbers of second homeowners return to the island following the easing of COVID-related restrictions both in The Bahamas and abroad. “We’re in the beginning of a long recovery which was put on hold for a year. I think we’ve got another three to five years minimum,” he told this newspaper, when asked how great a setback COVID19 has proven to the

Seize ‘bull by horns’ to beat corporate tax push By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Bahamas must seize “the bull by the horns” and implement progressive tax reforms to place it ahead of the drive for a global minimum corporate tax rate, a top banker urged yesterday. Gowon Bowe, who headed the private sector’s Coalition for Responsible Taxation when VAT was introduced, told Tribune Business that this nation must “get on the front foot” and initiate its own adjustments rather than be forced on to the defensive by the G-20 nations and Organisation for Economic Co-Operation and Development (OECD). Acknowledging that the introduction of corporate and/or personal income tax must be part of a comprehensive taxation reform, and only undertaken after careful study, he argued that The Bahamas can no longer shirk from overhauling what he described as “a regressive, faulty and inoperable” system in favour of more progressive options.

• Bahamas urged to ‘get on front foot’ via own reforms • Govt warned: ‘Make choices for the next generation’ • Banker argues taxation threat had never gone away

GOWON BOWE Criticising successive administrations for taking the safe, easy way out when it came to enacting major reforms, Mr Bowe said they too often showed “fear of political retribution” and ducked “making choices that will carry us through to the next generation”. Asserting that The Bahamas should have realised that the OECD’s tax-related initiatives had never gone away, with the Bush and Trump administrations

offering merely a “temporary reprieve”, the Fidelity Bank (Bahamas) chief said the present US government’s public stance showed it will be “very aggressive and direct” in making its global minimum corporate tax vision a reality. Noting the continued G-20/OECD belief that their member nations are losing vast tax revenue sums to so-called “zero tax” countries such as The Bahamas and other international financial centres (IFCs), Mr Bowe told this newspaper: “While some may castigate me for it, I’ve long been a proponent of progressive taxation... “The Bahamas needs to stop reacting to what is taking place globally, and take the bull by the horns and determine what the most appropriate and relevant tax system is for The Bahamas. If we do it properly, I think we can come to an accommodation that

is globally acceptable and competitive.” Urging The Bahamas to get out ahead of the global minimum corporate tax rate push, Mr Bowe said any reforms needed to ensure the government can continue to fund all the state’s functions and essential public services. He added that previous legislative changes to meet the European Union’s (EU) demands for an end to preferential tax treatment for the economy’s international sector, and that all companies doing business from The Bahamas must be doing real business and have a physical presence (substance), provide a platform for a broader tax base that eliminates the need for tax rates of 30 percent or higher. Calling on The Bahamas to introduce corporate income tax on its own before it is forced to do so, Mr Bowe told Tribune Business: “Let’s stop thinking

how we appease the overlords of the OECD, and become overlords ourselves by determining what is most appropriate for us and using that in an advantageous manner to become competitive. “We are right now always on the back foot and playing defence. If we get our tax system right for us, we can get on the front foot and play offence. We can have a tax system that is progressive, consistent with first world countries, competitive and demonstrates that it is not harmful because we are generating revenues that enable us to operate in a fiscally sustainable manner.” Mr Bowe added that introducing a corporate income tax would enable The Bahamas to enter into double taxation agreements with other nations, whereby foreign companies based here would be taxed only by this nation and not by their home states as well. “We don’t focus on the root that needs to be addressed,” he argued. “I think our regressive, faulty and inoperable tax system

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