12022020 BUSINESS

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business@tribunemedia.net

WEDNESDAY, DECEMBER 2, 2020

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SIMON POTTER

Oil explorer blasts activists over last ditch legal threats By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net BAHAMAS Petroleum Company (BPC) last night blasted oil exploration opponents for “significantly exaggerated” claims and waiting more than a decade to make a last-minute attempt to halt its plans. The oil explorer, which is aiming to begin drilling its first exploratory well in waters 90 miles west of Andros on December 15, accused Fred Smith QC, the lead attorney for the Our Islands, Our Future coalition, of making “inaccurate” and “ill-informed” statements concerning the potential environmental risks. Arguing that it has complied with all the required legal processes to obtain its Environmental Authorisation (EA) and other permits, BPC argued that Mr Smith’s assertions “do not appear to stand up under scrutiny of both the facts, nor the extensive body of work undertaken” by the company to de-risk the project since it arrived in The Bahamas in 2007. Simon Potter, BPC’s chief executive, said in a statement that Our Islands, Our Future’s threatened legal action was interfering with “the sovereign right” of the Bahamian government to determine whether a potentially substantial natural resource exists within its maritime boundaries. He and BPC have previously said their project could generate up to $5bn in royalty revenues for The Bahamas and its people over a ten to 20 year period IF commercial quantities of oil are found, and Mr Potter argued last night that this potential needed to be explored “now more than ever” with the economy reeling from the twin effects of COVID-19 and Hurricane Dorian. BPC also asserted that there was “a silent multitude of Bahamians” who wanted to discover whether commercial oil reserves exist in their country, but they are being drowned out by Mr Smith - who declined to comment when contacted by this newspaper - and other environmental activists. Questioning why Mr Smith and Our Islands, Our Future have left their legal challenge until the 11th hour, especially given that the EA was issued in February 2020, BPC said: “Mr Smith is only now demanding a cancellation of BPC’s authorisation to proceed with the exploratory drilling exercise it is obliged to carry out under that authorisation. “However, BPC considers the characterisation of the environmental risks put forward by Mr Smith to be significantly exaggerated,

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‘Deer in headlights’ on $1.5bn debt increase By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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ISCAL watchdogs yesterday warned The Bahamas’ debt-to-GDP ratio must “be upwards of 90 percent” after Central Bank data revealed the government’s direct debt rose by $1.5bn in just 12 months. Robert Myers, the Organisation for Responsible Governance’s (ORG) principal, told Tribune Business that this and other key economic indicators were only likely to worsen as The Bahamas faces “at least another six to eight months of hell” due to the COVID19 pandemic. Despite rising hopes a vaccine will soon become available, he argued that “there’s no way we’re out of the woods” yet given the skyrocketing COVID19 infection rates in the US

government’s “total direct debt” had risen by almost 20 percent or $1.5bn over the prior 12 months, jumping from $7.638bn at end-October 2019 to $9.159bn due to the twin deficit blowouts produced by Hurricane Dorian and COVID-19. While the Central Bank’s quarterly review for the three months to end-June pegged the national debt as equivalent to 74 percent of Bahamian gross domestic product (GDP), it is unclear whether this ratio accounted for 2020’s economic output shrinking by a projected 20 percent - as forecast by the Central Bank, credit rating agencies and International Monetary Fund (IMF). Taking the $12.055bn

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• Downtown resort to ‘partially’ return • Union chief hopes momentum stays • Concern remains over US infections

BRITISH COLONIAL HILTON because of demand it will be a partial opening of our whole inventory.” The downtown Nassau resort, which effectively acts as the “anchor property” for Bay Street, first “suspended operations” on August 1 due to the devastating impact the COVID-19 pandemic and associated containment

measures were having on its business and the wider tourism industry as visitor numbers dried up. It had aimed to initially reopen in early October, but this was delayed indefinitely due to continuing market uncertainty caused by soaring COVID-19 infection rates in both The Bahamas

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

and in major source markets such as the US. In its letter to staff at that time, the British Colonial Hilton wrote: “We were hoping to resume our operations in October but, unfortunately, this is not the case. We continue to see an increase and spread of the virus with no flattening of the curve right now. As a result, we are now faced to further extend the temporary suspension of our operations effective October 1, 2020, until further notice.” However, the replacement of the mandatory 14-day quarantine for all visitors with a more frequent COVID-19 testing regime, coupled with the re-opening

nominal GDP figure for 2019-2020, as set out in May’s budget estimates, a 20 percent decline would slice some $2.411bn off economic output. This would drop it to $9.644bn, creating a debt-to-GDP ratio of almost 95 percent based on the end-October 2020 figure provided by the Central Bank. Using real GDP figures, which strip out the impact of inflation on economic output, would likely result in a debt-to-GDP ratio of 100 percent or greater something that would mean The Bahamas’ debt is larger than the size of its economy. John Rolle, the Central

‘Wind in the sails’: Hilton in December 15 reopen By YOURI KEMP and NEIL HARTNELL Tribune Business Reporters THE hotel union’s president last night said The Bahamas’ battered tourism product must “keep the wind in its sails” after the British Colonial Hilton confirmed it will “partially” re-open on December 15. Darrin Woods, the Bahamas Hotel, Catering and Allied Workers Union’s (BHCAWU) chief, told Tribune Business the industry needed to maintain the momentum created by the return of major New Providence resorts to create Christmas cheer for at least some hotel workers and their families. He spoke out after Pablo Casal, the British Colonial Hilton’s general manager of the hotel, told this newspaper: “I am writing you just to let you know that we are reopening December 15. We are very happy to re-open our doors to guests although

Realtor: Don’t ‘cripple’ retail Xmas run-up A PROMINENT realtor yesterday urged the government to ensure the Bahamian economy remains open between now and Christmas to avoid “crippling” the retail industry. David Morley, whose firm is one of The Bahamas’ largest commercial property managers, told Tribune Business it was vital that any further restrictions on business activity be avoided as merchants seek to “salvage” what they can of 2020. The competent authority, or Prime Minister’s Office, yesterday gave no indication of any COVID19 related tightening as it pushed curfew hours back to a 10pm start, thus enabling businesses to remain open until 9pm if they choose. However, with Dr Hubert Minnis’ warning that the cycle of “loosening and tightening” will likely be repeated again during this pandemic fresh in many people’s minds, Mr Morley said: “I honestly hope and pray that the competent authority realises that the economy cannot shut down between now and Christmas. We’ve got to let those retailers try and make some money. “It’s absolutely critical for them. Historically, Christmas time represented anywhere between 50-60 percent of their annual business for some. If we’re going to handicap or cripple them at this time of year we will end up with really bad repercussions.” Those consequences, he added, would involve retail closures and staff lay-offs, with the cost borne by the government as well as those impacted through lower tax revenues and increased social assistance spending. Rather than lockdowns and curfews, Mr Morley urged greater enforcement to control COVID-19’s spread with non-compliant businesses hit wit fines and closures if they fail to enforce social distancing and mask wearing, or have too many people in their establishment.

• Watchdogs warn debt-to-GDP ‘upwards of 90%’ • As Bahamas faces ‘6-8 months of COVID hell’ • Import outflows down 24%, $108m in October - this country’s major tourism source market - where more than 270,000 Americans have died and there have been some 13.5m total cases. Mr Myers argued that The Bahamas’ latest debt figures were “very, very concerning” given that there was little tangible sign of the government moving to stimulate activity, adding that it appeared to be “stuck like a deer in the headlights” rather than proactively trying to kickstart both domestic and foreign direct investment (FDI) projects. He spoke out after data at the back of the Central Bank’s monthly economic report for October 2020 revealed that the

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BOB: ‘Highest risk lawsuits’ involve ex-Cabinet ministers By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

BANK of The Bahamas will soon know the fate of its “two highest risk litigation matters” that both involve former Cabinet ministers, its chairman has revealed to shareholders. Wayne Aranha, writing in the BISX-listed institution’s just-released annual report, said it continued to vigorously contest the separate claims mounted by Leslie Miller and Damian Gomez QC that collectively involve sums worth more than $36m. The Court of Appeal will rule on January 8, 2021, on the bid by companies 50 percent owned by the

• Over $36m at stake in Miller, Gomez battles • Fate of both actions soon to be revealed

LESLIE MILLER

DAMIAN GOMEZ QC

family trust of Mr Gomez, former minister of state for legal affairs under the last Christie government, to overturn a prior verdict that set aside the $6m-plus default judgment they had

previously obtained against Bank of The Bahamas. “On October 21, 2019, the judgment in default of defence entered against the bank, and in favour of the Kaydee plaintiffs, in excess

of $6m, was set aside by the deputy registrar,” Mr Aranha wrote. “The plaintiffs subsequently appealed the decision, which appeal was heard on September 4 and 29, 2020. The appeal ruling is scheduled to be handed down on January 8, 2021.” Companies that are jointly owned 50/50 by the family trusts of Mr Gomez and David Jennette had initially obtained a default judgment against Bank of The Bahamas on March 31, 2016, after it failed to appear in response to the action they filed over a

mortgage loan dispute. The four disputed loans, which were secured on real estate controlled by the trusts’ companies, totalled some $7.659m. That first default ruling was set aside prior to then-acting Supreme Court justice, Andrew Forbes, ordering that the dispute proceed to trial in traditional fashion before the Supreme Court. While the companies owned by the family trusts filed their case in accordance with the judge’s orders, Bank of The Bahamas failed to submit its defence, leading to another default ruling. That was granted three years ago in October 2017, and the family trusts

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