05142019 BUSINESS

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business@tribunemedia.net

TUESDAY, MAY 14, 2019

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ROBERT MYERS

‘Work like hell’ after six-year GDP stall By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Bahamas must “work like hell” to achieve higher GDP growth rates after data released yesterday revealed the economy has finally exited a six-year stall. Robert Myers, the Organisation for Responsible Governance’s (ORG) principal, told Tribune Business that his businesses had taken a decade to recover “to pre-2018 levels last year” as the Department of Statistics disclosed that real economic output had now returned to 2012 levels. Its report exposed that The Bahamas has undershot growth projections by the International Monetary Fund (IMF) and others, with real GDP expanding last year by 1.6 percent compared to forecasts of 2.3 percent. That was the figure for nominal GDP growth, which includes the impact of inflation whereas the real GDP measure strips this out. Still, the latter’s 1.6 percent expansion ensured The Bahamas just about exceeded 2012’s economic output last year, finally offsetting the economy’s three percent contraction in 2013 and five consecutive years when growth remained stubbornly below one percent. The Department of Statistics data, taking The Bahamas’ $10.721bn economy in 2012 as a baseline, showed that economic output slumped by more than $300m the following year to $10.404bn as a result of the three-year contraction. The Bahamas spent the next five years regaining this lost output, with real GDP growth rates ranging from a high of 0.7 percent in

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Tribune Business Reporter

nmckenzie@tribunemedia.net A CABINET minister yesterday admitted credit costs and access must be eased for Bahamians as he defended the government’s work permit reforms against opposition criticisms. Brent Symonette, minister of financial services, trade and industry and Immigration, said the BH-1B work visa was designed to support the government’s ambitions to create a technology hub in Grand Bahama - and the Commercial Enterprises Act - by reducing bureaucracy and red tape associated with the immigration approvals process. Speaking on the sidelines of the Society of Trust

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CCA slams Sarkis with $150m claim By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

B

AHA Mar’s main contractor last night demanded a minimum $150m in damages from Sarkis Izmirlian over alleged “shareholder oppression” that wiped out its entire investment in the project. China Construction America (CCA) and its affiliates, in their longawaited defence and counter-claim to Mr Izmirlian’s lawsuit, alleged that his decision to seek Chapter 11 bankruptcy protection for the $4.2bn project was a key factor that cost them their $150m preference share investment in the mega resort development. As a result, the Chinese state-owned construction company claimed in papers filed with the New York State Supreme Court that it should be “compensated for the loss of benefits” associated with its investment in accordance with

• Claims Baha Mar developer ‘oppressed’ it • Resulting in Chinese investment wipe out • Bases claim on Bahamian Companies Act

SARKIS IZMIRLIAN The Bahamas’ Companies Act. Mr Izmirlian and his BML Properties vehicle held 100 percent of Baha Mar’s equity, and controlled four of five Baha Mar Board seats compared to CCA’s one, leading the the Chinese contractor and its affiliates to allege that the resort’s original developer exploited this to his advantage and its detriment. “As the majority

controlling shareholder of Baha Mar, and as the day-to-day manager of Baha Mar, BML Properties took actions - or caused Baha Mar to take actions - that were oppressive to the China State Construction Engineering Corporation (CSCEC) Bahamas or unfairly disregarded the interests of CSCEC Bahamas as a minority shareholder in Baha Mar,” CCA alleged. Among these actions, it

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE government was yesterday warned that the short-term work permit exemptions may conflict with “professional standards and regulations” for certain job categories. Gowon Bowe, the Bahamas Institute of Chartered Accountants (BICA) president, told Tribune Business that some of the job titles and descriptions in the Immigration (Amendment) Bill were overly broad and had fuelled “some of the paranoia and concerns” raised over the legislation. As an example, he pointed to the inclusion of “auditor” as one category where a foreign professional could enter The Bahamas without requiring a short-term work visa for up to 14 days if they are here to “attend a business meeting with a local company”. Mr Bowe said this potentially conflicted with

and Estate Practitioners (STEP) Caribbean 2019 conference, Mr Symonette said: “The BH-1B visa is intended to get tech business here in The Bahamas when the United States is restricting the number of visas they issue from some 65,000 down to 45,000. “Those are gobbled up in four days after coming online, and so there is a great interest in that industry. The prime minister and the minister of state for Grand Bahama have been to the United States, and there a number of persons interested in that. Dell is having a convention there, and I think they are bringing some 1,400 delegates in short order. We see an industry for tech work in Grand Bahama.”

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GOWON BOWE the laws and regulations governing the Bahamian accounting profession, as those involved in audit, attestation and assurance work have to be both licensed by BICA and either a Bahamian citizen or permanent resident with the right to work. “Our profession is unique,” he told Tribune Business. “Some of

BRENT SYMONETTE

Govt approves tax certificate reply to OECD Tribune Business Reporter

nmckenzie@tribunemedia.net

cited Mr Izmirlian’s decision to “covertly prepare for and file the Chapter 11 reorganisation petition in the Delaware bankruptcy court for the purposes of ensuring BML Properties and/or Mr Izmirlian retain control and domination over the project, rather than for the benefit of Baha Mar and its minority shareholder [CCA]”. The Chinese contractor also claimed that the $80m in financing that Mr Izmirlian provided through his separate vehicle, Granite Ventures, to cover Baha Mar’s staffing and other operating costs during the Chapter 11 period, was designed “for the enrichment of Mr Izmirlian, and for the purposes of retaining control and domination” over the development. CCA and its affiliates,

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• BIC chief warns on profession’s laws • Over-board job titles fuelling ‘paranoia’ • Better consultation may have tackled fear the [job] titles in the Bill they have to be careful using... While the intent may have been to be as broad as possible with some of the job titles used, they have to be careful crossing over professional standards as well as regulations that require certain professions to be registered with institutions and regulators. “From that perspective, when you throw in all these titles that’s one of the concerns with the general public. It has to be honed in more specifically to key management personnel that are critical to a business in terms of strategy and direction. “I believe the titles thrown in are very broad, and that is giving rise to some of the paranoia and concerns being raised.”

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By NATARIO MCKENZIE

‘Conflict’ concern on work permit reforms

Minister admits credit costs and access obstacle By NATARIO MCKENZIE

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The Immigration (Amendment) Bill 2019, which was debated and voted on in the Senate yesterday, aims to further eliminate immigration bureaucracy and red tape and occasionally unpleasant experiences at the airport by ending the requirement for executives to obtain a “short term” or any type of work visa/permit if they are in The Bahamas to conduct specific types of business for 14 days or less. The exemption applies to persons attending Bahamas-based conferences and seminars as participants; trade shows and summits; or working as a non-executive director of a business “being carried on in The Bahamas” where they are

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THE government has approved the creation of tax residency certificates for permanent residents so they can prove compliance with other countries’ laws, a Cabinet Minister said yesterday. Brent Symonette, minister of financial services, trade and industry and Immigration, told the Society of Trust and Estate Practitioners (STEP) Caribbean Conference that the government has approved the development of tax residency certificates that will each have their own Taxpayer Identification Number (TIN). Besides confirming that The Bahamas is the holder’s main domicile, these certificates will help certify their compliance with home country tax laws and address Organisation for Economic Co-Operation and Development (OECD) claims that this nation’s permanent residency product is in danger of being abused by tax evaders. Mr Symonette, elaborating on the issue following his STEP presentation, said: “When the DPM (deputy prime minister), attorney general and myself were in Paris months ago, the OECD stated that they had an issue with persons using permanent residency as a way of avoiding tax requirements in their own country. “What is up at the Attorney General’s Office at the moment, and has been approved in principle, is that we will have a permanent residency certificate. This means you would have to spend a minimum of 90 days in this country - not consecutively - but over the year, and no more than 183 days in one other country. “Let’s say you were born in France; you would get a tax information number on your permanent residency [certificate], and you would use that in any country in the world and say: ‘Look, this is my tax information number in The Bahamas.

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