05012018 business

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business@tribunemedia.net

TUESDAY, MAY 1, 2018

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CCA slams ‘implausible’ $2.25bn Sarkis lawsuit By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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AHA MAR’S main contractor yesterday slammed Sarkis Izmirlian’s $2.25 billion fraud claim as “implausible”, branding his action as groundless and having no basis in law. China Construction America (CCA), in its long-awaited response to the fraud and “breach of contract” lawsuit by Baha Mar’s original developer, argued that the claims Mr Izmirlian is seeking to assert were all “released” when the $4.2 billion project was taken out of receivership in late 2016. The Chinese state-owned contractor, in legal filings with the New York State Supreme Court, cited numerous reasons

* Says ‘released’ in 2016 by receiver deal * Cloaks itself in Bahamian law ‘protection’ * QC advice: Baha mar founder ‘lacks standing’

SARKIS IZMIRLIAN why Mr Izmirlian’s claim should be dismissed regardless of whether Judge Saliann Scarpula sent it to arbitration. Relying on an affidavit supplied by Brian Moree QC, the senior McKinney, Bancroft & Hughes partner, CCA argued that Baha Mar’s original developer “lacks standing” to bring a

legal claim over the loss of his - and his family’s - $830 million equity investment in the project. Mr Moree argued that, under Bahamian law’s “reflective loss rule”, shareholders and the company they own are separate legal entities. As a result, Mr Izmirlian cannot assert a direct claim for loss relating to the value of his family’s equity investment when this “reflects damages suffered by the company”, meaning Baha Mar. CCA, again drawing on Mr Moree’s advice, also argued that Mr Izmirlian could not claim his action was a ‘derivative claim’ because he had never met

the three Companies Act requirements to initiate such an action. In particular, the contractor claimed that Baha Mar’s original developer had never obtained permission from the Bahamian Supreme Court or Baha Mar liquidator (Bahamian accountant Ed Rahming) - as required under Bahamian law. CCA’s legal filings represent an “all in” effort to knock out Mr Izmirlian’s lawsuit at the first hurdle, poking fun at his “claim to be a highly sophisticated real estate developer with

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Insurer: Profits goal beaten by 57% if no Irma By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A BAHAMIAN insurer yesterday said it would have beaten 2017 profit projections by 57 per cent had Hurricane Irma not inflicted a $2 million net loss on its Turks & Caicos portfolio. Tom Duff, Insurance Company of the Bahamas (ICB) general manager, told Tribune Business that the Category Five storm’s impact further south had made such forecasts “academic”, and conceded: “That’s the business we’re in.” Hurricane-related claims payouts dampened ICB’s “bottom line” for a second consecutive year, dropping profits from the typical $2.5$3.5 million experienced in a storm-free period to just $685,550. That still represented a near 33-fold increase on

* ICB TARGET BLOWN AWAY BY $2M HIT * NON-HURRICANE LOSSES DOWN 19% * PREMIUM RISES TO ‘CERTAINLY HAPPEN’ the $20,885 in total comprehensive income earned in 2016, a year dominated by Hurricane Matthew claims, with ICB’s reduced profitability also acting as a drag on the earnings of its largest shareholder, BISX-listed JS Johnson. ICB’s results are incorporated into the publicly-traded insurance broker’s figures, and Mr Duff told Tribune Business: “The fact of the matter is that ICB was affected again by one storm. “Though the Bahamas was thankfully spared

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‘DRAW THE RED LINES’ ON WTO OPEN UP

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE BAHAMAS Society of Engineers (BSE) president yesterday urged his colleagues and other industries “to draw the red lines” on what should be liberalised under WTO. Quentin Knowles told Tribune Business that all sectors of the Bahamian economy needed to determine what they can live with under the World Trade Organisation’s (WTO) rules-based trading regime

before “someone makes that decision for us”. The Government, in its continuing consultations with the private sector, wants to discover the “minimum acceptable” position for each industry to help craft The Bahamas’ opening offer for full WTO membership - a process that it hopes to conclude by end-2019. Mr Knowles said “ambivalence is the order of the day” among Bahamian engineers over the potential benefits and downside to joining the WTO, with

* Don’t allow others to ‘make decision for us’ * ‘Ambivalence order of day’ with engineers * But could give ‘fairer shake’ over FDI

some BSE members vehemently opposed on the basis that it will open up the sector and wider economy to foreign professionals and firms. Suggesting that there were many “misunderstandings” and “false assumptions” surrounding the WTO accession and its likely impact, the

BSE president said he was focusing on the potential benefits. Mr Knowles explained that a WTO regime would “set the rules of the game” by which all must play, which could help Bahamian engineers and other professionals get “a fair shake” on work

generated by foreign direct investment (FDI) projects. Pointing out that the Bahamian engineering industry was already heavily exposed to foreign competition, he argued that WTO membership was unlikely to “make it worse than it is now” when it came to obtaining FDIrelated work.

The BSE last week held a luncheon to discuss WTO’s implications, and Mr Knowles said of the profession’s position: “I think the best way to describe it is ambivalence. We’re unsure what the impact will be. “You don’t want to allow your mind to.. make false assumptions. There were people inside that meeting that expressed extreme misapprehension about this. There’s a lot of misunderstanding, assumptions being

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AVOID ‘EMOTIONAL RUSH’ ON OVER-THE-HILL REVIVAL By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

The Government was yesterday urged to avoid a “rushed, emotional” Overthe-Hill revitalisation in favour of developing a “sustainable blueprint” that can be rolled-out across The Bahamas. Gowon Bowe, the Bahamas Institute of Chartered Accountants (BICA) president, told Tribune Business

it was critical to determine whether revitalisation will be driven by existing businesses in the area or through attracting new economic activity in from outside. Raising questions over whether existing businesses and residents in the Bain Town, Grants Town and Centreville areas have the ability to access the Business Licence and real property tax breaks proposed, Mr Bowe also called on the Government to

* BICA chief urges ‘sustainable blueprint’ * Asks: Will ‘outsiders’ drive the growth? * Queries ability to access concessions

GOWON BOWE

employ key performance indicators (KPIs) to measure the initiative’s impact in real terms. “It’s important to determine how we’re going about this; how we approach this,” he told Tribune Business. “Is it a drive to bring new investment and

opportunities into Overthe-Hill, so that we drive a migration from the malls and western district in terms of where commercial activity is? “If that’s the case, who’s the target of the tax concessions? Is it to enhance the ability of the existing

population to expand or bring new business in?” Several observers, including the Government’s political opponents, were expressing concern - even before the May 10 general election - that Dr Hubert Minnis’s Economic Empowerment Zone plan for reviving Over-the-Hill could lead to a “gentrification” of the area. The fear is that existing businesses and residents

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Gov’t urged: ‘Step into light’ on oil exploration By NATARIO MCKENZIE Tribune Business Reporter nmckenzie@tribunemedia.net AN ENVIRONMENTALIST yesterday urged the Government to deny the Bahamas Petroleum Company (BPC) the necessary approvals, arguing that oil drilling “is the last thing this country needs”. Sam Duncombe, reEarth’s president, called on the Minnis administration to “step into the light” and instead embrace renewable energy. “They need to deny this application,” she charged. “The last thing this country needs is oil drilling. “If, God forbid, they let them go ahead and drill, and there is an oil spill, who is going to clean that up?”

* ACTIVIST URGES: NO PERMITS FOR BPC * DRILLING ‘LAST THING COUNTRY NEEDS’ * ARGUES WON’T RESULT IN LOWER PRICES

SAM DUNCOMBE

queried Mrs Duncombe, pointing to the infamous Deepwater Horizon accident in the Gulf of Mexico. She continued: “We should be pushing ahead with renewables. Getting into an industry like this, where we have Clifton haemorrhaging oil every day, how can we be assured that there will be the necessary oversight? For anyone who believes that if they find oil here, that oil is going to be cheaper for The Bahamas, I have about three bridges to sell them. “That oil will be taken to a refinery and sold back to us at market prices. We will get no better deal. It’s the same thing when they talk about Shell coming here with LNG. By the time

BPL tacks on VAT and the legacy debt that BEC has, we will be paying the same price that we’re paying right now.” Bahamas Petroleum Company (BPC), which has spent more than a decade on its exploration project, recently confirmed it has “lodged an application for Environmental Authorisation” with the Ministry of the Environment and Housing over its plans to drill a first well in waters south-west of Andros. Simon Potter, BPC’s chief executive, told Tribune Business yesterday that the submission was another “step” in the process to ‘spudding’ its first well, having taken two years to

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