09142016 business

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WEDNESDAY, SEPTEMBER 14, 2016

business@tribunemedia.net

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Court ‘unwitting pawn’ in assisting land frauds By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net An Appeal Court justice yesterday admitted that the Bahamian judicial system is vulnerable to being used as an “unwitting pawn” in the commission of real estate frauds. Justice Stella Maureen Crane-Scott warned that the Quieting Titles Act was effectively being employed as a tool to steal land, given that “material facts” relating to title applications were often hidden from the courts. Referring to yesterday’s ruling on a family-related

Judge: ‘Material facts’ being hidden from judiciary Hits at ‘egregious abuses’ of Quieting Titles Act Legislation still being used to steal real estate land dispute in Exuma, Justice Crane-Scott wrote that the case “exemplifies the kinds of egregious abuses ranging from the fraudulent

OECD alters rules for Bahamas ‘half way through game’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A Bahamian QC yesterday accused the OECD of “changing the rules half way through the game” by attempting to force this nation into abandoning its preferred approach for implementing automatic tax information exchange. Brian Moree, senior partner at the McKinney, Bancroft & Hughes law firm, told Tribune Business that the OECD, the world’s tax information overseer, appeared to have performed a remarkable ‘u-turn’ on the rules it had itself set for global Common Reporting Standard (CRS) implementation. Having allowed countries to choose whether to implement the worldwide automatic tax information exchange standard on a bilateral or multilateral basis, Mr Moree said the OECD was now telling the Bahamas that it “cannot exercise its sovereign rights” to select the former approach. See pg b4

QC slams group’s auto tax exchange ‘about turn’ Fears start of campaign to force change by Bahamas And warns that nation being judged prematurely

Brian Moree QC

Bahamas told: Don’t be ‘intimidated’ by new OECD offensive By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A Bahamian financial services provider yesterday demanded “strong leadership” in response to the latest OECD attack, and warned against being “cowed and intimidated”. Paul Moss, president of Dominion Management Services, told Tribune Business that the Bahamas - and especially the Government - needed to remain firm, and deliver a “strong” response to mitigate any potential reputational damage for the country’s financial services industry. He argued that the new Organisation for Economic Co-Operation and Development (OECD) offensive, launched via The Economist magazine, seemed designed to further undermine the Bahamas’ competitiveness as an international financial centre (IFC). “I think these articles are not only designed for the readership, but are also calculated by certain elements of the international industry to stop the progress and growth of other jurisdictions,” Mr Moss told Trib-

Financial provider urges ‘strong leadership’ by Govt Nation ‘well within rights’ to go bilateral

paul Moss une Business. “It’s to stifle the growth of certain jurisdictions, and is all about competition.” The Economist, in an article headlined ‘The Holdout’, described the See pg b5

concealment of material facts to the deliberate manipulation of the statutory requirements of the Quieting Titles Act - which can occur in the course of quieting proceedings”. She warned that the Act’s proper use and operation depended heavily on the judiciary, and attorneys, properly following its procedures so that all competing claims to a real estate parcel were known. “The Act can only operate optimally, and as Parliament intended, if its procedures are scrupulously followed by bench and Bar alike, and a proper investigation of all possible competing claims is conducted

by the Court,” Justice Crane-Scott said. “Where material facts, such as the existence of adverse claimants, are deliberately suppressed and concealed, and where additionally, the petitioner knowingly represents to the court - as required in section 5 - that ‘full and fair disclosure’ has been made, the court may nonetheless unwittingly become a pawn in a fraud and deception which only comes to light if (as happened in this case) section 27 is subsequently invoked and the nature and extent of the fraud and deception is established in a court of law.” See pg b2

Central Bank chief: ‘Ultimate’ goal is to bank web shops By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net The Central Bank’s governor yesterday said the “ultimate” goal is for the web shop industry to satisfy commercial bank concerns and reach the point where it can be “banked”. John Rolle told Tribune Business that the first step in achieving this goal was for there to be “direct interaction” between commercial bank compliance staff and the Gaming Board, the web shop regulator, so the former could better understand the industry’s regulatory controls and standards. This, he emphasised, would both allow the Gaming Board to identify “gaps” in the web shops’ antimoney laundering systems and enable the commercial banks to understand how these procedures were im-

Wants to reach point where bank concerns eased

John Rolle plemented in practice. Mr Rolle reiterated that the Central Bank’s licensees would not be forced by the regulator to accept web shop deposits, See pg b3

‘GARBAGE’: How The Economist’s ‘tax expert’ described the views of ex-financial services minister, Ryan Pinder.

‘Tax expert’: OECD won’t buy Bahamas tax exchange route By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net The ‘tax expert’ quoted in The Economist’s fullscale attack on the Bahamas warned two months ago that the OECD would never accept this nation’s preferred tax information exchange approach, and asked: “What koolaid are you drinking?” Mark Morris, who describes himself as an adviser to members of the OECD’s Global Forum on tax transparency, told Tribune Business via e-mail that the Bahamas “will be obliged to exchange” tax information via a multilateral approach. This nation has instead elected to implement the Common Reporting Standard (CRS) for automatic tax information exchange via a bilateral approach, but Mr Morris warned that this meant the Bahamas would now become the “poster” villain of international financial centres (IFCs). His July 12, 2016, e-mail to Tribune Business criticised comments on the CRS by Hope Strachan, minister of financial services, and her predecessor, Ryan Pin-

Economist source: ‘What koolaid are you drinking?’ Says Bahamas will be offshore ‘whipping boy’ Slams ministers’ positions as ‘garbage’ der, plus Bahamas Financial Services Board (BFSB) chief executive, Tanya McCartney. In particular, he described Mr Pinder’s concerns over the multilateral approach to CRS - and whether some countries may compromise the confidentiality of client data - as “garbage”. In what at times turned into a three-page rant against the Bahamas, Mr Morris said: “Does everyone in Bahamas mindlessly believe the OECD is going to let the Bahamas undermine the world’s CRS? Are you all drinking the same See pg b3


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