05102021 BUSINESS

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business@tribunemedia.net

MONDAY, MAY 10, 2021

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Sarkis: CCA explanation ‘doesn’t pass smell test’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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ARKIS Izmirlian is blasting the explanation given by Baha Mar’s contractor for how it obtained his legal papers, later used to cut a nine-figure damages claim to just $30m, for “failing to pass the smell test”. The $4.2bn Cable Beach mega resort’s original developer, in papers filed with the New York State Supreme Court last week, alleged that the “11th hour” account by a senior China Construction America (CCA) executive supports his assertion that he retains “privileged” legal ownership of two reports that valued his legal claims against the state-owned contractor. Mr Izmirlian slammed the “late-breaking explanation” given by Tiger Wu, CCA (Bahamas) chairman, as he seeks to prevent the Chinese contractor from using the two reports to bolster its defence to his $2.25bn fraud and breach of contract claim over events that led to Baha

• Slams ‘11th hour’ Tiger WU affidavit • ‘Privileged papers’ used to slash claim • Nine-figure damages cut to ‘net $30m’

SARKIS IZMIRLIAN Mar’s plunge into Chapter 11 bankruptcy protection and, ultimately, his loss of the project’s ownership. His intervention came after Mr Wu, in an April 30, 2021, affidavit alleged that he already knew most of the disputed reports’ contents from leading CCA’s negotiations with agents representing China ExportImport Bank, Baha Mar’s main financiers, about restarting construction in

Aircraft fees must defeat ‘dark zone’

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE Bahamas must address the Family Island “dark zone” to ensure it collects 100 percent of the fees due to it under the country’s new aviation overflight regime, a Cabinet minister has revealed. Dionisio D’Aguilar, minister of tourism and aviation, told Tribune Business it was presently almost impossible to monitor - and thus accurately bill and collect overflight fees - for low-flying private aircraft transiting between Family Islands outside a 100-mile radius from Nassau. While the Federal Aviation Administration (FAA) and their Cuban

DIONISIO D’AGUILAR counterparts presently manage all Bahamian air space above a 6,000 feet altitude, the Bahamas Air Navigation Services Authority (BANSA) currently only monitors and controls that portion within 100 miles from Nassau thus leaving a major gap in oversight and fee collection. “There’s very little

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Eleuthera ‘jewel’ for sale at $15m By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A “JEWEL of Eleuthera” is said to be attracting significant buyer interest after being put up for sale with a $15m price tag, a local realtor has disclosed. Mark Hussey, of Damianos Sotheby’s International Realty, told Tribune Business that the Governor’s Harbour-based French Leave Resort was likely to sell “relatively quickly” based on the interest received to-date. “It’s just come on the market but there’s been a lot of interest so far,” he said. “I think the interest is very high, and I think it will sell

in due course. I think it will happen relatively quickly in my opinion. “It’s kind of a jewel of Eleuthera that little development. It’s a very popular site in the right part of town. It’s a beautiful, well-built development. I just had lunch there last week.” The original Heads of Agreement for the French Leave property, which stands on the former Club Med property, was obtained by US investor Eddie Lauth under the first Christie administration in 2004. When contacted by Tribune Business about the

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the wake of Mr Izmirlian’s removal and fixing a price for the work. Arguing that the final construction completion price was “significantly lower” than CCA’s initial offer, after both sides agreed to offset their competing claims against one another, Mr Wu said the Chinese contractor gave its fellow state-owned lender a “net $30m” reduction on building costs to settle the matter. This sum pales against the $192m “completion guarantee” that Mr Izmirlian sought to enforce against China State Construction Engineering Corporation (CSCEC), CCA’s parent, in the UK courts, as well as the original developer’s multi-million dollar claims for “construction delays, scheduling issues, the construction workforce, design delays, and failures

to report problems on the project”. Mr Wu, meanwhile, said he negotiated the construction completion and price with Norbert Chan, the Shanghai-based Deloitte & Touche accountant who handed over the two claims valuation reports that Mr Izmirlian alleges were improperly disclosed due to him retaining legal privilege over them. That, though, is being disputed by CCA and its New York attorneys. And Mr Wu, some three years’ after his 2016 negotiations with Mr Chan, alleged he merely called the latter in March 2019 - with CCA now deeply embroiled in its legal battle with Mr Izmirlian - to see if he could obtain the reports on the basis that “fairness” required the contractor to possess the same

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Fishermen praise ‘monumental’ blow to illegal harvesting By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net BAHAMIAN fishermen have hailed the US prosecution of a Florida Keys man for illegally fishing in this nation’s waters as “monumental” in the fight to safeguard the industry’s sustainability and stocks. Industry participants told Tribune Business that the sentence imposed on Henry Danzig, ordering him to hand over a brand new boat to the Royal Bahamas Defence Force (RBDF) to aid with fisheries enforcement, will “send a strong message to go-fast fishermen out of Florida” and is something they “have been waiting” decades for. The case, brought as part of Operation Bahamarama, a joint effort between Bahamian and US law enforcement agencies to crack down on illegal and unreported fishing in Bahamian waters, was described by local fishermen as the only way that this nation can “deter poaching of fisheries stocks on all fronts”.

They added that the illegal exploitation of Bahamian fisheries by US persons had often been ignored or overlooked, which they said stemmed partly from fears that any crackdown would damage the tourism and boating industry on which the country’s marina sector depends. “This apprehension and prosecution was monumental in the fight against poaching from US nationals,” Paul Maillis, the National Fisheries Association (NFA) director, told this newspaper. “The boat owner was also supplying his restaurant with Bahamian seafood for some time, as the interrogation by Florida Fish & Wildlife revealed. “In this instance, not only was he over limit, but he had intent to supply in violation of the US Lacey Act. It sends a strong message to these go-fast fishermen out of Florida that the relationship between our states is strong, and conservation efforts on either side of the pond are critical to our

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