12032019 BUSINESS

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business@tribunemedia.net

TUESDAY, DECEMBER 3, 2019

$4.56 Bahamasair flies into action over licence suspend By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net BAHAMASAIR flew into action after it encountered regulatory turbulence in Canada to ensure the suspension of its charter licence lasted no longer than 24 hours. Tracy Cooper, the national flag carrier’s managing director, blamed an administrative error by the Canadian Transportation Agency for the temporary hold placed on its ability to offer charter services between The Bahamas and that market. The Canadian regulator imposed the suspension on November 28 on the basis that Bahamasair was in breach of the law by not having the necessary liability insurance in place to be able to carry fare-paying passengers. However, the licence was restored one day later with Bahamasair receiving an apology from the Canadian Transportation Agency for failing to enter the data provided by the airline in its system. “It was not from our side,” Mr Cooper explained. “It was a simple matter. What it is, it’s just simple stuff that the Canadian Transportation Agency themselves did not put in place.” He explained that “this is the time of year we change our insurance over”, and full details were provided to the regulator. “We sent it in to the Canadian Transportation Agency, but the person dealing with our account was on vacation,” Mr Cooper added. “When we contacted them they gave us their apologies and updated their system.” The Canadian regulator has also confirmed via its website that the licence suspension was lifted on November 29, one day after it was implemented. Referring to the November 28 order, the Canadian Transportation Agency said: “The licensee [Bahamasair] is licensed to operate a non-scheduled international service on a charter basis between The Bahamas and Canada. “The licensee has ceased to meet the requirement to have the prescribed liability insurance coverage” that is set in Canadian transportation law. Bahamasair had been given one year to come back into compliance. Mr Cooper said the licence was maintained just

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$4.57

Govt to raise $300 light bill VAT waiver By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

T

HE government is “likely” to raise the $300 VAT-free threshold on electricity bills to minimise the impact from Bahamas Power & Light’s (BPL) $650m refinancing, a Cabinet minister revealed yesterday. Desmond Bannister, minister of works, told Tribune Business that Dr Hubert Minnis will make a public announcement on the issue amid fears the additional charge added to BPL bills for servicing this mammoth borrowing could push many Bahamian households above this mark and expose them to the extra burden of monthly VAT payments. “That’s one thing the government is considering; raising the VAT threshold on electricity bills,” Mr Bannister confirmed. “I gave an indication that the prime minister will make an announcement, but it’s likely that what he’s going to do is increase the threshold for VAT.”

• So no extra burden from $650m bond • And to minimise impact on low users • Shell deal ‘really going to be up to Shell’

DESMOND BANNISTER

His comments come amid general anxiety as to what BPL’s upcoming bond refinancing will mean for already sky-high consumer electricity bills, coupled with the potential knockon impacts for household finances and business profitability/investment. The minister himself told the House of Assembly last week that “the average household” will likely have to endure a $20-$30 monthly increase in their electricity bills for some ten

months in 2020 immediately after the bond is placed, and several Tribune Business sources had voiced concerns that even this small increase could push low energy users over the $300 VAT-exempt threshold. Debbie Deal, head of the Chamber of Commerce’s energy and environment committee, told this newspaper: “Are they going to raise the threshold? Below $300 a month you don’t pay VAT on your bill. Say my bill is $285 per month, if

AN ACCOUNTANT who sat on Baha Mar’s creditor payout committee has been exposed as the “bag man” who passed Sarkis Izmirlian’s confidential legal papers to the project’s main contractor. Legal filings by the $4.2bn project’s original developer have identified Norbert Chan, a Chinabased Deloitte & Touche accountant, as the person who provided China Construction America (CCA) with documents that Mr Izmirlian claims belong to him by virtue of attorneyclient privilege. Mr Chan’s role was revealed by CCA’s US attorneys in responses to questions posed by Mr Izmirlian’s counsel. They disclosed that he “handdelivered” the papers “in a

you go up another $20-$30 you’ve gone above $300, so not only are you paying an increase but VAT as well. Have they thought about that?” Mr Bannister’s remarks suggest the government has, and that it is conscious of the increased burden and potential “double whammy” that the BPL bond’s debt servicing charge could inflict on low energy users - the majority of whom are likely to be single persons and low income families - by pushing them above the threshold where they must pay VAT. Paul Maynard, the Bahamas Electrical Workers Union’s (BEWU) president, told Tribune Business last night that he thought the light bill VAT exemption will have to be increased to $500 to offset the bond servicing charge and alleviate the potential negative impact for

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Customs system ‘worst thing i have confronted’ By YOURI KEMP Tribune Business Reporter LARGE Bahamian merchants and importers yesterday echoed broker concerns over Customs’ new digital platform, with one blasting: “This is the worst thing I have ever confronted.” Lance Major, in-house customs broker for the d’Albenas Agency, told Tribune Business that the new Electronic Single Window (ESW) system, known as Click2Clear, had created “extra work for every department in this office” since it went live for seaborne imports to New Providence on October. Revealing that the switch-over has put he wholesaler back on four out of every five days in the working week, Mr Major said: “This really is a setback. It is taking you twice the amount of time it used to take us on the old eCAS (Electronic Customs

Brokers ‘working butt off’ but no progress Automated Services) than it is now with this single window system. “The shipment company is charging you storage and extra amounts if you don’t get your shipments off the dock in time. We have a shipping company with the manifest that now comes out 24 hours later than it was supposed to. If you have a LCL (less than container load) shipment that comes in on the boat, it takes you some 24 hours before you can get the manifest number. That is a big, big, big setback. It seems like you are working your butt off but you can’t get anything done. “ Wade Thompson, inhouse customs broker for Super Value, said: “We’ve had our challenges, but we are working our way through. We had a couple of shipments that we were not able to get through the

system because of the massive amount of data we have coming in. The majority of our files are electronic files and, if you can imagine, it is a whole lot of data to be uploaded into the single window and we have had some challenges on our side as well as on the Customs Department side.” Asked whether Super Value’s imports had been delayed as a result, with the retailer incurring increased costs, Mr Thompson said: “The only big shipment that we have pending is some groceries that came in last week, but that particular shipment and a couple of the ones we have coming now we have been experiencing some issues uploading the files to Customs. “That may be an internal issue more than it is external in terms of our system at Super Value. We now

‘Bag man’ revealed in Sarkis papers dispute By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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• Deloitte accountant handed key documents to CCA • ‘Truth withheld’ from Bahamian Supreme Court • Local law firm in row with ex-developer attorneys

SARKIS IZMIRLIAN sealed envelope” to a CCA (Bahamas) employee in Beijing the day before the Bahamian Supreme Court was due to hear arguments as to whether they should be “unsealed”. The materials were then passed to Tiger Wu who, together with Daniel Liu,

represented the most senior CCA executives on the ground in The Bahamas during Baha Mar’s ill-fated 2011-2015 construction. Mr Wu then shipped the papers on to CCA’s in-house general counsel and the state-owned contractor’s US attorneys, the latter of whom eventually confessed all. As a result, Mr Izmirlian petitioned the New York State Supreme Court on November 27 to “rectify” CCA’s allegedly “improper conduct” by issuing a protective Order requiring the contractor, its attorneys and their associates to destroy or hand over all copies of the papers so that they cannot be used in his ongoing $2.25bn fraud and

breach of contract claim. The documents central to the latest skirmish between the original developer and his long-time CCA adversary are legal opinions produced by two international law firms, Glaser Weil and Kobre & Kim, that assess the strength of the potential legal claims and related damages Mr Izmirlian had against the Chinese contractor in early 2015 after it failed to complete Baha Mar on time and on budget. These works, which Mr Izmirlian alleges are privileged communications between a client and his attorneys, were inherited

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have our programmer looking at some issues on our side. I have checked with some of our competitors and they seem to be OK, but the difference is that they are using a separate system than what we are using. “But in terms of cost, we would have incurred quite some demurrage and storage charges on some shipments prior, but we are trying to resolve our issues internally to ensure that we don’t have any issues on our side before we turn to Customs,” he continued.” “Generally speaking the program is challenging, but what most persons and some of the businesses I have spoken to said is they were not aware that the new system was supposed to make the Customs clearing system easier and more

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$4.60 Nassau/PI hotel room nights off 10% post-Dorian By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net LARGE Nassau/Paradise Island hotels endured a “tepid” October in the wake of Hurricane Dorian with revenues falling on the back of a ten percent decline in room nights sold. The Central Bank, unveiling its October monthly economic report, revealed that the Category Five storm’s impact on demand for The Bahamas resulted in a five percent room revenue fall for the major New Providence resorts that month despite a near six percent rise in room rates. “Developments within the hotel market were also tepid for October,” the Central Bank said. “Information from The Bahamas Hotel & Tourism Association (BHTA) and the Ministry of Tourism, which covers a sample of large hotels in New Providence and Paradise Island, showed a five percent fall-off in room revenue during the month despite the 5.9 percent increase in the average daily room rate (ADR) to $190.39. This was due to a ten percent decline in room nights sold, with the occupancy rate lower by 4.8 percentage points.” However, the report reaffirmed the Central Bank’s prior confidence that tourism’s 2019 first half gains had already been largely locked in prior to Dorian’s arrival. For the October declines had seemingly done little to dent the double-digit growth in many performance indicators for the Nassau/Paradise Island hotel industry during the first ten months of the year. “Room revenue expanded by 24 percent during the ten months to October, amid respective gains in room nights sold and the ADR of 21 percent and 8.2 percent, while the average occupancy rate rose by 7.1 percentage points to 68.7 percent,” the Central Bank added. Noting that tourism was “performing under potential” in Dorian’s aftermath, the regulator said: “In terms of traffic through the country’s gateway airport, data from the Nassau Airport Development Company (NAD) revealed a recovery in departures vis-à-vis September’s contraction, with a 1.7 percent growth year-over-year in October, but this was markedly lower than the

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