11272023 BUSINESS

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MONDAY, NOVEMBER 27, 2023

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$328.5m national flag claim beats dismissal

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Supreme Court has dismissed a second Government bid to strike out a $328.5m damages claim over allegations that it pirated the design for the Bahamian national flag.

Justice Neil Brathwaite, in a November 24, 2023, verdict ruled that James Alexander Darling’s contention that his copyright was violated “contains a number of curious features” that need to be resolved by a full trial of the matter.

While his ruling did not identify what these “curious features” were, the judge rejected arguments by the Attorney General’s Office that the claim should be dismissed after finding the Crown Proceedings Act’s section five (2) did not give the Government “blanket” protection for copyright and intellectual property rights violations.

And Justice Brathwaite also dismissed Mr Darling’s argument that the Government’s defence to

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his action be struck out because it merely contained “bare denials and non-admissions”, therefore giving no “reasonable cause of defence”.

The judge, while finding that the Government’s defence contained sufficient details demanding that Mr Darling prove he is a copyright holder and that these rights have been breached, ruled that the Government must within 21 days of his verdict “clarify” its opposition to the claim.

In particular, it must specify which of the letters Mr Darling purportedly received from an unnamed former prime minister (likely Hubert Ingraham) and various agencies, allegedly affirming the copyright of his design, are “fraudulent” in the Government’s eyes.

While Mr Darling’s claim has yet to be resolved, should it succeed it would lead to a major revision of Bahamian history, as the nowdeceased Reverend Dr Hervis Bain has always been regarded as the

SEE PAGE B8

Briland ‘emergency’ over utility outages

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net BRILAND residents were yesterday said to be holding an “emergency meeting” after power and water outages disrupted the tourism hot-spot’s Thanksgiving and run-up to the peak winter season.

Tribune Business obtained copies of a flyer, calling residents and business owners to a 3pm meeting at the Harbour Island All-Age School “to address the deficiency of water and electricity”, as one hotelier said the utilities woes had forced him to refund and compensate five sets of Thanksgiving guests.

Ben Simmons, proprietor of the Ocean View and The Other Side properties on Harbour Island and mainland Eleuthera, respectively, told this newspaper “we should be beyond this” with many in the tourism industry and wider business community now fearful of what lies ahead for the rest of the 2023-2024 winter season following these initial challenges.

The resort entrepreneur revealed that Bahamas Power & Light’s (BPL) electricity supply on Harbour Island was “down for four days” from Thursday, November 16, interrupting the lead-up to

SEE PAGE B6

PM hails UN resolution opening ‘fairer tax’ path

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Prime Minister yesterday hailed last week’s passage of a United Nations (UN) resolution that potentially opens a path towards a more just and fair approach towards resolving international tax disputes Philip Davis KC, in a statement, said the decision to adopt a resolution put forward by Nigeria provides potentially the best opportunity for The Bahamas, other international financial centres (IFCs) and developing countries to wrest control over international tax matters away from the

PHILIP DAVIS KC likes of the Organisation and Economic Co-Operation and Development (OECD) and European Union (EU).

Confirming that The Bahamas supported the resolution on the

SEE PAGE B12

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‘Very happy campers’ on 36% KFC pay increase

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE hotel union’s president has predicted “there are going to be some very happy campers” after the newly-signed Kentucky Fried Chicken (KFC) deal gave line staff a 36 percent pay rise spread over five years.

Darrin Woods, the Bahamas Hotel, Catering and Allied Workers Union’s (BHCAWU) president, told Tribune Business that its estimated 350 members are receiving “in just the first year of this contract” what they gained during the entire previous three-year industrial agreement that expired in 2015.

Hailing the new deal, signed with operator Restaurant (Bahamas) last Wednesday, as “historic”, he added that the terms and conditions secured will enable KFC workers “to increase their standard of living” amid The Bahamas’ ongoing struggles

DARRIN WOODS with inflation-fuelled price increases.

And, calling on staff to deliver customer service that matches their improved pay and benefits, Mr Woods told this newspaper that the union has partnered with the Bahamian KFC franchise to help train staff and boost service delivery. He explained that BHCAWU representatives will be in involved from the moment new staff undergo orientation to ensure the recruits understand the importance of team building.

The union president also reiterated his belief that

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PAGE 2, Monday, November 27, 2023

THE TRIBUNE

Real estate firm adds five agents A BAHAMIAN real estate firm says it has added five new agents to “better enable us to serve the luxury market while preparing us for new markets and emerging trends”.

Mario Carey, founder of Better Homes & Gardens MCR Bahamas, introducing the five women whose strong academic backgrounds and professional experiences range from property investor to medical office management and digital marketing.

“We are excited about the growth spurt of Better Homes and Gardens MCR Bahamas,” said Mr Carey, “not only because of the varied and unique talent that has chosen to join our firm, but because it will enable us to continue to serve the luxury market while preparing for exciting new opportunities, particularly in the Family Islands.”

The new agents are Danae Bethel, Janyce Carey, Odette-Carey-Russell, Brittany Malcolm and Ilianna Spychalla. Ms Spychalla, who is based in the Berry Islands and also manages the Chub Cay Marina, makes it a two-generation team with Better Homes & Gardens MCR Bahamas. Her father, Dean Spychalla, is the firm’s agent in Exuma.

The other new associates work full-time out of the agency’s offices on Western Road. Ms Malcolm said she joined the firm because she was attracted to “the palpable energy and vibrance that permeates throughout the organisation” and its “unwavering standard of excellence”.

Ms Carey-Russell said that, recognising changing markets, she wanted the right environment to work with contacts she developed while studying abroad, especially those in Europe and Latin America who were showing more interest in Family Island properties and locations such as The Bahamas.

A property

BETTER Homes & Gardens MCR Bahamas has added five new sales associates to meet an active property market with demand continuing to outpace inventory. Pictured with firm partners Timothy Smith, left, and founder Mario Carey, are Brittany Malcolm, Danae Bethel, Timothy Smith, Mario Carey, Odette Carey-Russell and Janyce Carey. Not pictured is Iliana Spychalla from the Berry Islands.

Photo:Justin Dean investor, she said the choice was also driven by a desire for mentorship while she helps others build successful passive income streams through revenue-generating investments.

“We are really proud to call people like Odette Carey-Russell, a multiple Paul Harris awardee for her community service work with Rotary plus 15 years of senior management experience, part of our team,” said Timothy Smith, a Better Homes & Gardens MCR Bahamas partner.

“When you see someone who understands the market, is earning income from property and you know they could go anywhere but they choose to land with you, it makes you especially proud.”

While Ms Carey-Russell’s ambition is to drive the investment property business, Janyce Carey is focusing on the residential ‘dream home’ market, hoping to add interior design to her line of specialty services.

“These are interesting times in the real estate industry,” said Mr Carey.

“We are seeing an historic

interest in the Family Islands, a continuing hot market in waterfront luxury residential and a growing demand for short-term rental properties for investment purposes throughout The Bahamas.

“So while one new agent, Odette Carey-Russell, can focus on finding the perfect investment for Airbnb income, Brittany Malcolm not only knows the Grand Bahama market but understands the nuances of financial and administrative matters that are part of every transaction. Everyone brings a special talent and together they make a very special team.”

Mr Smith added: “The new agents also bring a commitment to community, which is very important to Mario and all of us here at Better Homes & Gardens MCR Bahamas. We all volunteer at various programmes.

“And there’s another obvious factor in our growth.

As more women enter the real estate investment market, either individually or in groups, we are adding them to our team, making it stronger, more diverse and more inclusive than ever, another reason to be proud.”

THE TRIBUNE

Monday, November 27, 2023, PAGE 3

RETAILERS ENJOY ‘STEADY’ BLACK FRIDAY SALES FLOW

By YOURI KEMP Tribune Business Reporter ykemp@tribunemedia.net BAHAMIAN retailers have reported a “steady flow” of Black Friday customers and sales as persons “get the jump” start on their Christmas shopping.

Brent Burrows Jr, CBS Bahamas vice-president of retail and sales, told Tribune Business that shoppers were lined up outside the retailer’s Southwest Plaza location from 5am on Friday in a bid to be first in the door when the store opened.

CBS Bahamas typically opens at 5am on Black

Friday as a way to give customers more time to shop, but Mr Burrows said this year “felt different” as he noticed other retailers in Southwest Plaza did not open as early as his store.

“Usually, the BTC and Aliv stores are open along with us, but we were the only ones on Friday, which was kind of strange,” he added.

Despite the slow start in the Southwest Plaza, there was a “steady flow” of customers all day for CBS Bahamas as people picked up gifts ahead of the upcoming Christmas holiday. “People picked up a little bit of everything,” Mr Burrows added.

“We sold out of one of the Christmas trees pretty

quickly. The toolkits and the power tools, because they make good gifts for Dad, they were gone pretty quick, and then we have the toaster and the air fryers. They were moved, too. I think the things that people can wrap and give to their family and friends is what we see moving the quickest.”

“Aside from us, it seemed pretty quiet this morning at 5am. Normally there is a lot more action and a lot more stuff going on, so I don’t know if the other stores started later or didn’t put as much into this year as they did last year,” Mr Burrows said.

“I know the shoe store opened last year at 5am,

too, so I am not sure why them and BTC and Aliv didn’t open at 5am this year.

Maybe they didn’t have a good last year or something like that. But I know, when I got here, the only people were in front of the CBS store at 4.30am.”

Alphanique DuncombeSpence, BTC’s go to market executive senior manager, said: “Black Friday sales are going pretty good. What we’ve done this year different than previous years is that our Black Friday sale is nationwide. That has allowed us to have a steady flow of traffic throughout all of our locations nationwide. So that’s one of the good things here.

“Then the other thing that we have done different this year, aligned with our campaign theme, ‘Christmas is on us’, is we’ve added prizes for everyone that’s signing up for services. Because we’re not just focused on deals or providing our devices, but we’re focused also on deals on our services.”

BTC customers who paying their bills in full or sign-up for selected services can enter to win prizes once they are in-store. Ms Duncombe-Spence added: “Our customers are anxious because we have service promotions as well.

“So what we’ve been doing on our fixed side,

we’re giving our customers double speeds if they sign up for broadband. Then for our customers on our prepaid side, we’re giving them double data once they sign up for our $15 combo plan or more.

“So what we’ve had is a surplus above the normal trends for Friday. We have additional sales happening, where customers are excited to get the benefits of the double data and the benefits of the speed of the broadband as well. And then, of course, our phone sales. We have continuous movement. We had an additional inventory that we brought in just for this weekend as well.”

‘Headwinds’ slash J S Johnson profit 12.54%

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net J S Johnson’s managing director is warning that “industry headwinds” across its business have slashed profits by 12.54 percent or almost $900,000 for the year to end-September 2023.

Alister McKellar, in his latest quarterly update to the BISX-listed firm’s shareholders, said a 16 percent increase in expenses had dampened the performance of its core agency and brokerage business during the first nine months of the year.

And Insurance Company of The Bahamas (ICB), the underwriter through which J S Johnson places much of its property and casualty business, was hit by global reinsurance market “hardening” and increased rates as well as an inability to expand coverage capacity within the Caribbean.

“Industry headwinds negatively affected both segments of our business through September,” Mr McKellar wrote. “Despite an increase in net revenue from contracts with customers ($17.5m to $17.9m), and a three-fold increase in interest income ($33,911

to $108,558), a 16 percent increase in other expenses dampened results for our agency division, which registered a 2 percent decline in net income ($6.1m to $6m) for the period.

“Our underwriting division, as well, continued to struggle with the fallout from a hardening of the global reinsurance market and an inability to expand sufficient coverage capacity within our region.

“Although several line items in this segment remained relatively steady compared to last year, insurance service expense and other expenses, an increase of nearly 6 percent in net expense from reinsurance contracts held (premiums ceded) contributed to a precipitous decline in net income from $813,007 to just $91,802.”

“As a result, consolidated net income through September decreased 12.54 percent over the same period last year from $6.93m to $6.06m,” Mr McKellar added.

The Bahamian economy, however, seems to be forging ahead nicely, as the opening of the renovated port area in Nassau and record numbers of visitors bolster our tourism industry. Let’s hope this success

can translate into a more positive and productive economic environment for all Bahamians.”

The 2023 hurricane season is due to close this Thursday with no storms impacting The Bahamas.

However, writing his third quarter update several days earlier, Mr McKellar said he was wary of letting his guard down.

“I’ve prematurely celebrated the waning of hurricane season in past reviews, only to get blindsided by the advancement of a late storm heading toward our shores. This year I checked the radar before penning this message and noticed a few colourful cloud blobs still swirling around in the Caribbean. So, I’m not celebrating anything yet,” he added.

“Insurance companies get uneasy each year from June through November, thanks to the increased potential for tropical storm damage and loss. El Nino’s calming influence on Caribbean hurricane activity may have indeed been our friend again this year, but I’ll reserve any victory dance until my fourth quarter report.”

The Board of Directors of FamGuard Corporation Limited is pleased to advise that the third quarterly dividend for 2023 of 4 cents per share has been declared to be paid on 18th December, 2023 to Shareholders of record as at 7th December, 2023.

FAMGUARD CORPORATION LIMITED The parent holding company of: Family Guardian Insurance Company Limited FG Insurance Agents & Brokers Limited

PAGE 4, Monday, November 27, 2023

THE TRIBUNE

BAHAMASAIR LAUNCHES FLIGHT TO OPEN EXUMA

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net BAHAMASAIR last Wednesday launched its inaugural service between Fort Lauderdale and Georgetown, Exuma, with around 50 passengers on the flight.

The new route, which will operate on Wednesdays and Saturdays, is designed to enhances accessibility and convenience for Bahamian residents and travellers seeking direct access to Exuma. The airline, in a statement, said Bahamians will be better able to explore mainland Florida, while tourists will have direct access to Exuma without the need for a stopover in Nassau.

Tracy Cooper, Bahamasair’s managing director, speaking at the flight’s launch, said: “Today, we are thrilled to inaugurate our first flight between Georgetown and

Fort Lauderdale, marking a significant milestone in expanding our reach and enhancing connectivity.

Next year, we are looking to acquire more airplanes, leading to increased rotations and even more accessibility.”

An ATR aircraft will travel between the Georgetown International Airport and Terminal One at Fort Lauderdale-Hollywood International Airport, with an estimated flight time of around 90 minutes.

Lamar Fisher, Broward County Mayor, emphasised the significant impact of Bahamasair not only on the airport, but also on the county. The mayor pointed out that The Bahamas currently ranks as the fifth largest international market for Fort LauderdaleHollywood International Airport.

“We welcome the Georgetown route,” said Mayor Fisher. “We look forward to the tourism,

business and trade benefits to come, connecting Broward County to another island in The Bahamas.”

Dr Kenneth Romer, deputy director-general and director of aviation at the Ministry of Tourism, Investments and Aviation, said

the launch of Bahamasair’s new route was occurring as the country received around 7.9m visitors in the first nine months of 2023.

“This milestone is particularly noteworthy because, despite the ongoing efforts of our longstanding partner airlines to bring people to the islands of The Bahamas, I am delighted that our national airline, Bahamasair, has left its mark and etched

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history,” he said. “We are highly pleased with Bahamasair’s initiatives; they consistently make us proud.

Their exploration of new routes has our full government support.”

Dr Romer added that the Georgetown to Fort Lauderdale route not only adds value to the airline’s route network but is also valuable to Exuma’s economy.

“This inaugural flight has significant economic value and benefit because each person who comes into Exuma on a plane contributes 28 times more than a cruise arrival,” said Dr Romer. “So, when we look at Bahamasair adding

additional seat capacity to Exuma, that translates in a tangible way to heads in beds and money into the economy of Exuma.”

Over the past 26 years, Bahamasair has provided transportation to Fort Lauderdale. During that period, the airline has conducted more than 65,000 flights and transported more than four million passengers.

With Georgetown, Exuma, added to its schedule, the airline now offers seven daily flights to Fort Lauderdale to and from other Bahamian Family Islands, Nassau and Freeport.

THE TRIBUNE

Monday, November 27, 2023, PAGE 5

Euro is gaining

By CHRIS ILLING CCO at ActivTrades Corp

MOE Minister Hon. Glenys Hanna Martin addresses attendees.

BTVI Interim President Dr. Linda A. Davis gives remarks.

MUNA Issa gives speaks duriing the event.

BTVI partners with Breezes to design employee uniforms

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Bahamas Technical and Vocational Institute (BTVI) has ventured into a partnership with SuperClubs Breezes Bahamas to supply uniforms for resort staff.

The two parties signed a contract last Thursday that will allow students, instructors and alumni to design and create uniforms that will be worn by the all-inclusive resort’s employees.

BTVI’s interim president, Dr Linda Davis, described the initiative as a “win-win” for both sides. “From the bellman to those in housekeeping and the front desk employees, to servers in the restaurant, Breezes staff will proudly wear uniforms made in The Bahamas” said Dr Davis.

“BTVI’s fashion design team will be providing custom-designed, locally made uniforms for the staff of Breezes Bahamas and, simultaneously, Breezes will be supporting the local fashion industry and promoting economic growth.

“We will create 100 uniforms that are both aesthetically pleasing and functional for the various roles at the resort, whether shirts, skirts, pants, vests, scrubs, bush jackets. No doubt this product will foster a sense of pride amongst Breezes and the BTVI team members.

“This initiative is what you call skill development training at its highest level.

This initiative is what you call collaboration. Today seals the deal.”

The initiative will be led by international designer and head of department, Apryl Burrows, and instructor and master tailor, John Lewis. Mr. Lewis will manage the initial project of 100 uniform shirts, which is expected to go into production next week with the use of an assembly line.

Glenys Hanna-Martin, minister of education and technical and vocational training, told Breezes Bahamas, managing director, Muna Issa: “We are so grateful to you that you have had the understanding and the passion for this nation to understand the meaning of this relationship to the roots of who we are as a people.

“I hope this is just the beginning. I hope corporate Bahamas is listening and watching about these types of partnerships, and how they imbue a strengthening of us as a people and as a nation. We are proud that the resort is going to display the work of our talented Bahamians.”

Mrs Hanna-Martin also thanked the board of directors of BTVI, instructors and leaders of the institution. Ms Issa said: “We’re glad to be leading the way and partnering with BTVI.”

BLACK Friday is behind us. But the rise of online shopping has reduced the importance of Black Friday as a single day event. What originally started in the US has become a global event.

In the US alone, a record 130.7m people are expected to shop in stores and online.

With many consumers squeezed by persistent inflation and high interest rates, US holiday spending is expected to rise at the slowest pace in five years. Retailers will likely continue to discount throughout the season to avoid inventory gluts at year-end. Most major retailers are hiring less seasonal

workers for the upcoming holiday season.

The US stock markets barely moved on the ‘Black Friday’ sales day. After the Thanksgiving holiday break, business remained quiet on the shortened trading day but, overall for November, global equities are drifting toward their biggest one-month rally since November 2020.

Bitcoin also reached its highest level since May 2022, and was traded above $38,000 briefly. The common belief that the major central banks may have reached the end of their interest rate hikes is also fuelling the spike.

In particular, the US Federal Reserve is currently showing no signs of continuing its inflation fight with

further interest rate tightening. The development benefits risky assets, such as digital currencies, because interest-bearing securities such as government bonds do not become more lucrative in an environment of stable interest rates.

In comparison to Bitcoin, the US Dollar had a weaker month against other major currencies. Overall, the US Dollar Index was slightly weaker over the course of last week and maintains a generally weak undertone.

On October 25, 2023, the Euro to US dollar exchange rate was at 1.053 and, a month later on November 24, was traded at 1.094.

Purchasing Managers’ Index data (PMI) from Europe and the UK was better than expected, and

experts now hope that economic activity in the Euro-zone is tilting less to the downside than before.

However, there is some data coming up in the form of the S&P Global PMI data for the US. The preliminary November data is expected to reflect some slowdown in US activity.

The manufacturing index could fall slightly, while the services and composites readings are likely to reflect a slower expansion. Weak – or weaker-than-expected – data could hurt the US dollar further.

Trades have access to over 50 currency pairs on our platforms and can take advantage of tight spreads and lightning-fast execution speed.

PAGE 6, Monday, November 27, 2023

THE TRIBUNE

Briland ‘emergency’ over utility outages FROM PAGE B1 the Thanksgiving holiday and weekend which traditionally marks the start of the country’s winter tourism season.

And there was “such a huge surge” on BPL’s system that it caused the transfer switches on one of the Ocean View’s generators to burn out and catch fire. While BPL

subsequently restored power to Briland early last week, the island was then struck by a water outage due to a “major mechanical failure” at the reverse osmosis plant that services North Eleuthera.

Mr Simmons said water system pressure was noticeably low on Thursday night, the Thanksgiving evening, and by Friday no water was available at all. Supply was

finally restored yesterday morning, but he added that two guests had cancelled upon hearing of the water woes, while three others received discounts because they had to be transferred from the Ocean View to The Other Side on mainland Eleuthera.

“I think there’s a lot of disappointment that we’re starting the season on a low note,” Mr Simmons told

Tribune Business. “A lot of people said ‘we’re not busy, busy yet, and we’re already having issues’. It doesn’t bode well for the rest of the season.....

“It’s less than ideal. It’s frustrating and disappointing. We should be beyond this. I’m 39 years-old, and not a year has gone by where we can say: ‘That was a good year. We had no issues with power or water’.

When are they going to get it right?”

Mr Simmons, while unable to speak for other Briland businesses, said it was “definitely a couple of grand I’ve had to issue in discounts and refunds, and issues of that nature” due to the loss of Water & Sewerage Corporation supply alone. No water was available from Friday until mid-morning Sunday on a weekend when Harbour Island would typically be busy with tourists, second homeowners and vacation renters.

Turning the clock back to the beginning, he added: “We were pretty upset because it has been two weeks back to back with utility outages on the island. BPL’s generators were down for four days last week, and with system surges our transfer switches over-heated, burnt out and were catching fire.

“There was such a huge surge coming through the BPL line it blew the fuse and caught fire. Fortunately it happened during the day.

Four days with no power.”

Mr Simmons showed this

newspaper a video of flames inside one of the Ocean View’s generators to prove his point.

BPL, in a November 18 statement, confirmed that it was “experiencing generation challenges as several units are down and need immediate repair”.

It added that a team from mainland Eleuthera was being dispatched to help with repairs, but warned of further disruptions until the repairs were complete.

A BPL spokesperson yesterday affirmed these woes, and described them as “an extremely unusual event as we recently installed additional generation ahead of the Harbour Island Regatta in October to accommodate the additional load demands typical with this time of year”.

They added: “We flew in technicians who carried out work on the units. Incrementally, the units were repaired and supply was fully restored on Friday afternoon. Despite the full restoration, the technical team continued to work, ensuring that all six one Mega Watt units on the island are operable.

“Not only are we able to meet the current demands anticipated during this time of year but there is adequate redundancy to accommodate necessary maintenance or repairs.”

Harbour Island’s concerns then moved from energy to water.

“We had five persons check out as a result of the water outages,” Mr

Simmons said of Ocean View. “We have an extra reserve tank. It has a day, maybe two, of water, but we don’t have our own reverse osmosis. We ran out of water, and had to compensate those guests, give them a heavy discount for their disturbance. It’s really frustrating to operate a business in these conditions.

“We refunded two rooms.

They basically heard there was a water outage and said they’re not going to come. We refunded those.

There are other guests we’ve taken off to the mainland, to The Other Side, so we’ve had to move them from Harbour Island to Eleuthera. We’re more resilient there as we have our own power and water supply, but we had to discount them for transferring them. It’s less than ideal.”

Mr Simmons said he was also concerned about the impact on his staff who, lacking generators at home, were unable to take showers or perform other basic daily functions for four days due to loss of BPL supply.

Then, four days after BPL was restored, the water supply went down.

The Water & Sewerage Corporation, in a November 25, 2023, statement blamed the woes on a “major mechanical disruption” at the Bogue reverse osmosis plant operated by its third-party contractor, Aqua Design. While wellfield water was being supplied to North Eleuthera residents, the Corporation admitted this was “insufficient” to provide for clients in Spanish Wells and Harbour Island.

“The one thing that’s consistent is there’s always a problem,” Mr Simmons told Tribune Business. “It’s just unsustainable for us; for anybody. It’s water and power, and we pay so much for it.” He argued that the utility infrastructure for Harbour Island and North Eleuthera has failed to keep pace with the area’s rapid development, with the reverse osmosis plant in particular not large enough to meet local and tourist demand.

THE TRIBUNE

Monday, November 27, 2023, PAGE 7

‘Very happy campers’ on 36% KFC pay increase FROM PAGE B1 the KFC industrial agreement’s signing will spark “a domino effect” that results in all other BHCAWU negotiations being concluded favourably before the upcoming Christmas season. He revealed that the deal with Best Western/ Bayview has been finalised, and its now being “vetted”, while talks remain ongoing with Graycliff.

“We signed that last Wednesday,” Mr Woods confirmed of the KFC industrial agreement. “It’s a five-year agreement. It has in it a 36 percent increase in salary coming in over four of the five years. There were some salary anomalies for the grade two workers that we were able to get adjusted.

“We got a significant increase for them. That category was supposed to go away from 2015, and that will now happen, with the eventual elimination of the two tier class of workers.

There is a salary increase in the first, third, fourth and fifth years, with nothing in the second, which is historic.

“The last contract we got one increase, and the maximum number of increases ever in a contract is two.

What we got in the first year of this contract is what we got in the whole five years of the previous one.”

Mr Woods said that, as per recent Industrial Relations Act changes, the terms and benefits from the new industrial agreement will be incorporated into the individual employment contracts of unionised KFC

staff. There will also be compensation provided to workers who help train new recruits and trainees.

The union president acknowledged that the KFC negotiations did become contentious at one point, with members on ‘go slow’ and ‘work to rule’ for several days as the talks neared a climax. The industrial action ended after Restaurants (Bahamas) significantly improved its lump sum payment offer.

The union had objected to $800, representing $100 for each of the eight years since the last KFC agreement expired in 2015, but the terms were improved such that its members will receive 60 percent of this lump payment, which has been guaranteed, “upfront” with the 40 percent balance to paid in years three and four.

“These are historic in every sense of the word,” Mr Woods added of the industrial agreement’s contents. “We recognise the negotiations were contentious because they took far longer than they normally take. It puts our people in position to increase their standard of living, and we expect their service levels to increase because of training.

“The union has partnered with KFC so that when they have their orientation we have someone from the union, John Maxwell, do a training session with them on team work, team building. That’s not something you hear from a union.

Training, continuous training on relationship building,

NOTICE NOTICE is hereby given that CHRISTOPHER JASON EDOUARD of Claridge Road, New Providence, Bahamas is applying to the Minister responsible for Nationality and Citizenship, for registration/ naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twentyeight days from the 20th day of November, 2023 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, Bahamas.

NOTICE NOTICE is hereby given that DANIEL MIKEAL MCHAYLE of Pilgrim Street, New Providence, Bahamas is applying to the Minister responsible for Nationality and Citizenship, for registration/naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/ naturalization should not be granted, should send a written and signed statement of the facts within twentyeight days from the 20th day of November, 2023 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, Bahamas.

NOTICE NOTICE is hereby given that ANNAKAY GEORGENIA SCULLY of #10 Kings Court, New Providence, Bahamas is applying to the Minister responsible for Nationality and Citizenship, for registration/ naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twentyeight days from the 20th day of November, 2023 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, Bahamas.

NOTICE NOTICE is hereby given that MARCSENE PASCALE of Lincoln Boulevard, New Providence, Bahamas is applying to the Minister responsible for Nationality and Citizenship, for registration/naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 27th day of November, 2023 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, Bahamas.

team building, leadership development and the like.

“What we have also said to our members in KFC is that the persons who patronise KFC, they deserve the utmost level of service. We expect for them to provide, now we have been able to negotiate and accomplish what we have accomplished, which is historic in terms of emoluments and benefits they’re receiving, service that is commensurate with that.

“We are glad to know this one is behind us, and we believe there will be a domino effect.” Mr Woods said the industrial agreement with Best Western was finalised last Friday, and is now being vetted by attorneys, while the

BHCAWU is “waiting on Graycliff’s document to come back for us to peruse.

“When it comes back with changes they’ve asked us to look at, hopefully we can sign that,” the BHCAWU president said.

“We’re also waiting for the document from the Bahamas Hotel Restaurant and Employers Association (BHREA) to bring that to a conclusion.” The major resort involved in that negotiation is Atlantis.

“Hopefully we will be able to sign the majority of the outstanding contracts before the end of the year,” Mr Woods enthused. “They all seem to be moving in the right direction. All of our agreements were held up in the same place; they [the

employer] had taken the same position.

“Now the legal position is covered, everything is moving full steam ahead, with us winning the significant concessions and agreements. We believe that, in the next few weeks, there are going to be some very happy campers for the most part. At the end of the day we are not going

to be able to do something that pleases everybody, but believe the majority will be very happy.

“Even if it takes long, we believe the benefits are still good. We started out the year very rocky and rough, and we’ve endured some turbulence, but it has mellowed and levelled out now.”

PAGE 8, Monday, November 27, 2023

THE TRIBUNE

$328.5m national flag claim beats dismissal FROM PAGE ONE creator of the Bahamian national flag and coat of arms.

His action has its roots in events that took place almost 60 years ago prior to both Majority Rule and Independence. That was when Mr Darling’s elder sister, Carolyn Ann Esther Storr-Darling, allegedly wrote to the Attorney General’s Office and other government agencies on January 2, 1964, on her then 10-year-old brother’s behalf seeking protection for the board game he had designed, Fun in The Bahamas.

Mr Darling, in his statement of claim, alleged that the Government confirmed receipt of his sister’s letter on February 3, 1964, and “granted permission.... to copyright the said design”.

Copyright is designed to protect the innovations and creativity of entrepreneurs, designers and businesses

from being pirated, stolen or used without their permission. In all such cases, they receive no compensation for their ideas.

Mr Darling’s case is the Bahamian national flag “shares similarity” to his Fun in The Bahamas board game design, being “painted the exact colours” with the “same shape and/or layout of the said design”. As a result, he is alleging the Government used his design for the national flag without first obtaining his “license or permission” - thereby committing a breach of copyright.

And the Government, he claims, has acknowledged his copyright and ownership of the design on several occasions. The first was on March 3, 1989, when the Government gave written confirmation that “a search was conducted brought by James Alexander Darling and has found

NOTICE NOTICE is hereby given that ASHLEY PAGE TOMLINSON, Caves Village, Nassau, The Bahamas, Bahamas applying to the Minister responsible for Nationality and Citizenship, for Registration Naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/ naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 24th day of November 2023 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, New Providence, The Bahamas.

him to be the first inventor and designer of Fun in The Bahamas, the design for the flag of the Commonwealth of The Bahamas”.

Mr Darling’s claim then alleges he was contacted on October 31, 2007, by a former prime minister, which is likely to be Hubert Ingraham, as he held office at that time. The letter “purportedly written” by Mr Ingraham stated: “When I came to know of your intellectual properties I was astounded of the existence to your copyright claim dated July 25, 1988, in addition to a claim submitted on your behalf dated January 2, 1964.

“After verifying these with the registry for the purpose of authenticating the documents which you sent, in observing there are grounds to determine where it can be seen that the design of The Bahamas’ flag and the design that is recorded shares some similarities to an extent that one is clearly an indication of an infringement of the other.

“It is unfortunate that, at the time given for a search of a design to be used as the national flag that proper due diligence was not thoroughly conducted in determining the ownership to a design previously existing in our own registry.”

Mr Darling’s claim alleges that his copyright to the Fun in The Bahamas design was further affirmed by April 25, 2012, correspondence from the Government, which on April 19, 2016, also confirmed it was holding his sister’s original January 2, 1964, letter.

“The plaintiff made numerous attempts to renew the copyright to the said

design but was refused by the defendants [the Attorney General’s Office] and or their agents with no reason given,” the claim alleges.

Legal action was initiated after the Government refused to meet or pay Mr Darling’s November 5, 2019, demand for $42m in damages “due to the illegal and unauthorised use” of his allegedly copyrighted design that is still in use as the Bahamian national flag.

He is now seeking $328.5m in compensation, plus an injunction to block the Government from using or reproducing his design without permission. He also wants to be named as the original designer, and wants an inquiry into potential damages.

However, the Government in its amended October 27, 2021, defence refuted all of Mr Darling’s allegations.

Referring to the numerous letters and confirmations cited by the latter, it added: “It is the defendant’s position that the purported correspondence relied on by the plaintiff is not authored by the defendant and/or its agents and the same being falsely uttered to a government and/or judicial official knowing the same to be false.”

The Government, in its latest strike out bid, following the previous rejection by acting justice Tara Cooper-Burnside of its contention that the claim was statute-barred, and therefore “frivolous, vexatious and/or an abuse of process”, relied on the Crown Proceedings Act. However, Justice Brathwaite agreed with Mr Darling and his attorneys, Richette Percentie and Lashanda Bain, that

invoking the latter Act now was “clearly an abuse of process” because it should have been raised earlier in the case. And he ruled that the Act’s section five (1) and (2) clauses do “not act as a blanket prohibition” against bringing legal actions against the Government for copyright violations.

Mr Darling, whose previous bid for a summary judgment was dismissed on February 16, 2022, last year, also demanded that the Government’s defence be struck out. However, the latter resisted this, as “it is denied that the plaintiff holds a patent for the Bahamian flag, or that the Crown infringed any copyright”.

Justice Brathwaite, noting that the Government’s denials strike at “the crux of the claim”, said: “The defendant seems to simply be requiring the plaintiff to prove that the sister of the plaintiff sent in any letters in January 1964 seeking to register the designs of the subject game, and that the plaintiff is in fact the owner of a copyright to the game Fun in The Bahamas, as well as to prove the flag of the Commonwealth of The Bahamas does as a matter of fact infringe the copyright of the plaintiff, if such copyright is found to exist.

“These are matters which must be determined at trial following the usual process of discovery, witness statements and cross-examination. I therefore do not accept that the defence consists solely of bare denials with no way of understanding the defence of the defendant.

“However, I do accept that some clarity could be brought to this matter by specifying which

correspondence is alleged to be fraudulent, which would have the effect of clarifying whether the various pieces of correspondence from the plaintiff to the servants of the defendant were in fact received, but the effect of that correspondence is disputed or whether the defence says the correspondence was not received.”

As a result, Justice Brathwaite gave the Attorney General’s Office three weeks from November 24, 2023, to file an amended defence clarifying “which of the correspondence is alleged to be fraudulent and what exactly is being contended with respect to the remainder”.

Otherwise the Government’s defence will be struck out.

Justice Brathwaite’s judgment emerged in the very same week that Ryan Pinder KC, the attorney general, admitted The Bahamas has been “negligent” in protecting the innovations of its entrepreneurs by failing to keep pace with intellectual property (IP) safeguards.

Addressing an IP consultation with representatives from the cultural and agribusiness industries, said it was “the plain truth” that successive administrations have failed to ensure creative money-making ideas were given the necessary protections to prevent them from being pirated, stolen or copied.

Describing the present system for intellectual property rights protection as “clunky, slow and inefficient”, and with The Bahamas also lacking membership in the necessary international conventions, he pledged to transform processes from ones that are manual-based via the launch of an online electronic portal.

Mr Pinder said a dedicated IP Office will be created as a standalone entity, spun out from its present home in the Registrar General’s Department. Confirming that the Government plans to implement IP legal reforms that will bring The Bahamas into line with international best practice, he added that it also intends to establish a “defined sector policy” for intellectual property.

THE TRIBUNE

Monday, November 27, 2023, PAGE 9

BIRD FLU STILL TAKING TOLL ON INDUSTRY AS 1.35 MILLION CHICKENS ARE BEING KILLED ON AN OHIO EGG FARM

By JOSH FUNK Associated Press MORE than 1.3 million chickens are being slaughtered on an Ohio egg farm as the bird flu continues to take a toll on the industry.

The U.S. Department of Agriculture said all 1.35 million chickens on

the farm in Ohio's Union County will be slaughtered to help limit the spread of the highly contagious virus after a case was confirmed in the flock this week.

The outbreak that began in early 2022 has been much less severe this year as fewer cases of the virus are being found among the

wild birds that spread it.

But there have still been 8.1 million birds killed this year to help control the spread of the disease and 5.8 million of those have come just this month as several large egg farms have been struck.

That includes 1.2 million birds at one Iowa egg farm and another 940,000

chickens at one Minnesota egg farm that had to be killed.

Egg farms tend to be much larger than turkey or chicken farms, sometimes with millions of birds.

That's a big part of why Iowa — the nation's largest egg producing state — has been hit the hardest in this

Legal Notice

NOTICE Notice is hereby given that the Final Meeting of the Council Members of Sierra EE will be held at Pineapple House #4, Lyford Cay, Nassau, Bahamas on 18 December 2023 to receive the Report of the Liquidator up to the date of the Meeting.

John Jephson LIQUIDATOR c/o Clairmont Trust Company Limited Pineapple House #4 Lyford Cay P.O. Box SP-64284 Nassau, Bahamas

outbreak with nearly 17.3 million birds killed. Ohio is also one of the top egg producing states but it has seen only 5.1 million birds killed because of bird flu.

This week, there have also been sizeable bird flu cases confirmed on farms in Minnesota, Maryland, South Dakota, Wisconsin, Georgia and California.

But the biggest one of those cases was the Maryland chicken farm where 198,200 birds were killed.

In 2022, nearly 58 million birds were slaughtered as part of the outbreak. The highly contagious virus is spread easily by wild birds through droppings and nasal discharges.

Farmers are working hard to keep the virus from infecting their flocks by taking steps like requiring workers to shower and change clothes before entering barns, sanitizing trucks that enter a farm and investing in separate sets of tools for every barn.

NOTICE NOTICE is hereby given that HERSON MEDINA HOLMES of Nassau Village, P.O. Box N-7147, New Providence, Bahamas is applying to the Minister responsible for Nationality and Citizenship, for registration/naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/ naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 20th day of November, 2023 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, Bahamas.

PAGE 12, Monday, November 27, 2023

THE TRIBUNE

PM hails UN resolution opening ‘fairer tax’ path FROM PAGE B1 ‘Promotion of inclusive and effective international tax co-operation’, which seeks to establish a framework convention on international tax under the UN’s oversight, he added that this nation has “long championed” a move to “a more inclusive tax governance framework” where all countries are treated equitably and have a say.

“Our commitment to maintaining the highest tax compliance standards is unwavering, and this historic moment is a testament to our dedication

to overcoming the inequities propagated by current tax policy frameworks and institutions,” Mr Davis said.

“We have consistently emphasised the need for a reformed global tax structure that honours the sovereignty of nations like The Bahamas, which have been disproportionately affected by the ‘Global North’s’ biased policies.

“The Bahamas is fully prepared to engage with the UN to shape a tax system that ensures transparency, justice and sustainable development. We pledge to lead and advocate tirelessly for policies that protect the

economic interests of all countries, with a focus on those historically sidelined in global tax negotiations.

“The Bahamas will draw on our experiences to support a fair, transparent, and balanced international tax regime.” The OECD, which is effectively a club of the world’s richest nations and most advanced economies, has dominated global tax policy for almost three decades ever since it launched its anti-IFC drive in the mid-1990s with the ‘harmful tax practices’ initiative.

The UN resolution on international tax cooperation was passed by

125 votes in favour to 48 against, with 9 abstentions - Armenia, Costa Rica, El Salvador, Iceland, Mexico, Norway, Peru, Turkey and the United Arab Emirates.

It survived a last-minute attempt by the UK to water it down.

“The representative of The Bahamas, speaking on the resolution as a whole after the vote, called it an important step towards an inclusive and equitable global tax system. For over six decades, international tax policies formulated and dictated by OECD have failed to address inherent challenges faced by

the ‘Global South’,” a UN report said of The Bahamas’ stance at the meeting.

“Given the ‘disequilibrium’ of the international financial architecture, the resolution envisions a future that benefits all countries through inclusivity and co-operation.” The likes of the OECD and EU have long been viewed as imposing arbitrary, unfair standards on The Bahamas and other IFCs, their members failing to abide by similar measures and benchmarks themselves; And the use of ‘blacklistings’ and similar tactics, given such a backdrop, is perceived as trying to eliminate The Bahamas’ competitive advantage and drive it out of the global financial services business by making it increasingly difficult to do business here.

Mr Davis yesterday released his September 15 letter to UN secretarygeneral, Antonio Guterres, in which he argued that the nations leading ‘blacklisting’ attacks against The Bahamas, and undermining its economy and resilience, are also the very same ones most responsible for global warming and the climate crisis that now threatens the country’s very existence.

“The Global South also tends to be more vulnerable to the effects of climate change, natural disasters and other environmental challenges,” Mr Davis wrote. “The climate crisis is largely created by industrialised countries, many in the Global North. The effect of the climate crisis is felt disproportionately by small developing countries like The Bahamas.

“This is exacerbated by the arbitrary blacklisting of these same vulnerable countries, such as The Bahamas, by the very same countries that are responsible for the climate crisis. For example, when it comes to insurance, a significant percentage of monies owed to us by European reinsurers is punitively retained by the EU. “This is because of the EU’s designation of The Bahamas as

‘uncooperative’. As a result, any remittances from European reinsurers that result from insurance claims are automatically reduced by at least 25 percent. We are thus poorer and less able to rebuild because of the effects of the climate crisis,” Mr Davis continued.

“It is astonishing that the countries that are causing The Bahamas to be more vulnerable by way of their contribution to the climate crisis are the same ones who are punitively impacting our ability to rebuild from the adverse effects of the climate crisis.”

Mr Davis argued that the OECD’s approach to international tax administration and co-operation has “harmed the small states of he Caribbean” because an “equitable standard” in terms of how it is applied to all has not been developed.

“Although some may debate the extent of the impact, sovereignty has been infringed, tax competition threatened and economic growth and development hindered,” the Prime Minister added.

“Against this backdrop, the risk of climate change and rising sea levels have exacerbated the vulnerability of already-fragile economies in the region.”

Mr Davis said The Bahamas plans to present “a research paper” outlining the impacts this has had on its economy, and signalled this nation’s willingness to host a side event on the subject of taxation, development and human rights at the UN on December 10, 2023, which is Human Rights Day. The Bahamas is also planning to host a conference at the University of The Bahamas (UoB) during the 2024 first quarter on the same themes. “This will gather working papers from scholars representing the Global South,” Mr Davis said. “These papers can help build consensus and support this proposal on a political level through research and analysis, and tested by debate.”

RUSSIA PUTS THE SPOKESMAN FOR FACEBOOK OWNER META ON A WANTED LIST

By The Associated Press RUSSIA has added the spokesman of U.S. technology company Meta, which owns Facebook and Instagram, to a wanted list, according to an online database maintained by the country's interior ministry.

Russian state agency Tass and independent news outlet Mediazona first reported that Meta communications director Andy Stone was included on the list Sunday, weeks after Russian authorities in October classified Meta as a "terrorist and extremist" organization, opening the way for possible criminal proceedings against Russian residents using its platforms.

The interior ministry's database doesn't give details of the case against Stone, stating only that he is wanted on criminal charges. Meta didn't immediately respond to a request for comment.

According to Mediazona, an independent news website that covers Russia's opposition and prison system, Stone was put on the wanted list in February 2022, but authorities made no related statements at the time and no news media reported on the matter until this week.

In March this year, Russia's federal Investigative Committee opened a

criminal investigation into Meta. It alleged that the company's actions following Moscow's full-scale invasion of Ukraine on Feb. 24, 2022 amounted to inciting violence against Russians.

After Russian troops moved into Ukraine, Stone announced temporary changes to Meta's hate speech policy to allow for "forms of political expression that would normally violate (its) rules, like violent speech such as 'death to the Russian invaders.'"

In the same statement, Stone added that "credible calls for violence against Russian civilians" would remain banned. Mediazona on Sunday claimed that an unspecified Russian court issued an arrest warrant earlier this month for Stone on charges of "facilitating terrorism." The report didn't specify the source of that information, which couldn't be independently verified.

Western social media platforms including Facebook, Instagram and X — formerly known as Twitter — were popular with young Russians before the 2022 invasion of Ukraine, but have since been blocked in the country as part of a broad crackdown on independent media and other forms of critical speech.