12182018 BUSINESS

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business@tribunemedia.net

TUESDAY, DECEMBER 18, 2018

$4.55 Non-profit forced to ‘get creative’ on Aliv donation By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A NON-PROFIT’S need to “get creative” so it could access a major donation from Aliv highlights why civil society wants the law to impose “accountability” for the sector’s timely registration. Mark Palmer, Civil Society Bahamas’ secretary, recounted to Tribune Business how Friends of the Blood Bank at the Princess Margaret Hospital (PMH) had to alter its founding documents, and incorporate itself as a regular Bahamian company, in order to access vital funding that was used to acquire a van to support the facility. “We really do want some accountability on the registrar [of Non-Profits] to deliver registration,” Mr Palmer told Tribune Business. “It should be strengthened. The Attorney General [Carl Bethel QC] was arguing cases which were the exception to the rule. “It takes so long that it’s rare that we find a new non-profit (NPO) is able to register within two years, which is very detrimental to the sector. We, Friends of the Blood Bank, had to incorporate as a Bahamian company and change the memorandum and articles of association. “Aliv wanted to see governance, incorporation and board accountability. The only way to do that was incorporate, which cost us more money. That was the only way of getting this money. There was no way of getting this registration [as a non-profit] done in time,” he explained. “We were able to buy a van for the Public Hospitals Authority (PHA), which was a fantastic initiative. We had to be creative to accomplish that. I know how slow the system is. We really need to get some accountability. We want to grow this sector over the next three to six years so we need to get this going quickly.” Civil Society Bahamas, in public statements on the proposed Non-Profit Organisations Bill, has questioned whether the Registrar of Non-Profit Organisations had the capacity to be converted from an information gatherer to a regulator. It fears this will exacerbate the current two-year wait for non-profit registration into “a significant backlog”. Mr Palmer said Bahamian profits could not afford

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US, UK warnings end on ‘great leap forward’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

T

HE Attorney General yesterday expressed hope that the US and UK will “withdraw or soften their advisories” against The Bahamas after its “great leap forward” in fighting financial crime. Carl Bethel QC told Tribune Business that the Caribbean Financial Action Task Force’s (CFATF) reevaluation, which upgraded this nation’s compliance with almost one-third of global anti-money laundering and counterterror financing standards, will enhance The Bahamas’ ability to retain vital correspondent banking links. He added that the findings will also “greatly strengthen the hand of the Central Bank in defending The Bahamas as a lowrisk and blue chip financial centre”, providing a significant boost to this nation’s reputation in the eyes of both legitimate investors and the international financial services community.

AN OUTSPOKEN QC yesterday argued that “the rationale for the NonProfit Organisations Bill does not exist” because no such Bahamas-based group operates using foreign currency. Fred Smith QC, the Callenders & Co attorney and partner, told Tribune Business that local non-profits were virtually useless to money launderers, terror financiers and other financial criminals because they conducted business in Bahamian dollars that were not a readily convertible currency. With Bahamian dollars next-to-useless for financial crimes, Mr Smith argued that the bill’s reason for being - to combat such offences - does not apply in the Bahamian context. Hinting strongly that the bill will face lawsuits and legal challenge whenever it passes, and in whatever form, he added

Tribune Business Reporter

nmckenzie@tribunemedia.net

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* QC: Sector useless to financial criminals * Only does business in Bahamian dollars * Warns of lawsuits whatever the revisions

ATTORNEY FRED SMITH QC that it violated numerous Bahamas on Friday. provisions in the Bahamian “This is what the Governconstitution including the ment should have done in right to privacy and free- the first place. This bill is dom of association. not an imperative for satis“I am pleased that the fying the Organisation for attorney general [Carl Economic Co-Operation Bethel QC] is engaging in and Development (OECD) a more realistic consulta- and European Union (EU), tion exercise,” Mr Smith as the attorney general has told this newspaper, fol- admitted.” lowing his meetings with The well-known QC conthe Christian Council, tinued: “It is regrettable churches and Civil Society that the Government finds

By NATARIO MCKENZIE

itself so eager to violate people’s financial and other constitutional provisions. The restrictions imposed by the current draft are in breach of our constitution and freedom of association. “It’s a breach of the constitutional right to privacy, and it is completely unnecessary to prevent money laundering. The rationale for the bill does not exist. No non-profit in The Bahamas I know of operates in foreign currency. And how many people are money laundering in Bahamian dollars? “You can’t money launder in Bahamian dollars. Money laundering and terrorism financing necessarily involves US and other foreign currencies which are easily convertible internationally. No one wants Bahamian dollars

Bahamas is now noncompliant with none of the FATF’s recommendations as a result of being upgraded to “partially compliant” with United Nations (UN) anti-terrorism financing resolutions and the ability to freeze assets upon the request of another nation. However, The Bahamas remains only “partially compliant” with ten or one-quarter of the FATF’s 40 standards, although the Attorney General’s Office in a statement yesterday said this put the country “on the same level as the US”. The Bahamas’ northern neighbour is only “technically compliant” with 30 standards itself, and sources suggested its adherence is actually worse because it is

Rationale for non-profit bill ‘does not exist’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

$500m: ‘A bit overwhelming’ LONG Islanders yesterday called for greater “insight” into the proposed $500m Port St George project’s revival, describing its scale as “a bit overwhelming”. Business community figures also queried why the Government, especially Cabinet ministers, were so silent on a development that has been valued by some in the media at $1.6bn, even though releases from the developers place the investment at half a billion dollars. Romona Ritchie-Taylor, vice-president of the Long Island Chamber of Commerce, told Tribune Business: “I think it would be great thing for Long Island. The scale of it seems to be a bit overwhelming right now. “The thing is, even if it happens in a scaled-down version, that would still be good for Long Island. I can’t say much more on it as to where the project stands other than what I have seen in the press. “We would love to have greater insight into the project. We haven’t met with the principals but, hopefully in the New Year, maybe we will be able to set up something to meet with them and get a more indepth idea of what we can expect.” Mario Cartwright, a director of the Long Island Chamber, also told Tribune Business: “I only want good things for Long Island, and I don’t want to be negative, but you would think that a project of that magnitude - they’re saying $1.6bn - why is the minister of investments and the minister of tourism not talking about it? Are they being stand-offish? We need to know more about this development. “This island is still lacking many vital services. We desperately need an international airport that can accommodate jet aircraft. We need other infrastructure to attract investment and increase our population.” Adrian Gibson, Long Island’s MP, and Desmond Bannister, minister of works, recently met with the developers, who said initial work on Port St George could begin by the end of the 2019 first quarter. Mr Bannister, though, subsequently told Tribune Business he had informed

* AG hopes Bahamas advisories withdrawn * Upgraded on 1/3 of financial crime standards * Will boost correspondent bank standing * Bahamas re-evaluated in ‘record time’

CARL BETHEL QC, attorney general. Photo: Terrel W Carey Sr/Tribune Staff The CFATF, the Car- first “follow-up” to that ibbean affiliate of the work, upgraded The BahaParis-based Financial mas’ compliance with 13 Action Task Force (FATF), of the FATF’s 40 antithe international financial money laundering/counter crime-fighting standard- terror financing standards. setter, yesterday concluded This nation was found to that The Bahamas have “fully addressed” had made “good progress” weaknesses with five recin addressing the technical ommendations, with only deficiencies exposed by its “minor shortcomings” left May 2017 evaluation. on a further seven. Its latest report, the More importantly, The

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‘Potential remains’ for property tax fall-out By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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A PROMINENT Abaco attorney has called for a property tax formula that is “fair and reasonable”, warning that “the potential is still there” for the latest hikes to scare off foreign investors. Frederik Gottlieb told Tribune Business that while “anxiety” over enormous increases in real property tax billings does not currently exist “to the same extent” it did with last year’s valuations, he had seen documents showing the same problems were emerging once again. Urging that real property tax valuations be done “on a consistent basis” to prevent foreign Abaco real estate owners from being taken by surprise by massive tax increases, the former Bahamasair chairman said too many assessments appeared

* Attorney urges ‘fair and reasonable’ valuation formula * Warns ‘distress and anxiety’ hurting Abaco investors * Difficult ‘to advise clients with certainty entitled to’ to be “capricious and arbitrary”. Mr Gottlieb said a settled calculation method was also badly needed, given that the basis for property valuations - and tax assessments - often seemed to frequently interchange between market value and what a buyer had paid for a property. He added that this made it difficult for himself and other attorneys “to advise clients with the degree of certainty that they are entitled to” when it came to real estate and associated taxes, and warned that the situation still threatens Abaco’s and The Bahamas’ reputations as a safe, secure haven for property assessments. Mr Gottlieb spoke out

as multiple Abaco realtors warned that “absolutely crazy” real property tax valuations and billings were once again threatening to undermine Abaco’s vital second home market and real estate in general moving into 2019. Tribune Business has seen several examples where foreign property owners complained of tax hikes amounting to 500 percent in just three years, with Department of Inland Revenue billings valuing land up to four times’ higher than it was recently sold for or compared to market valuations. “I wouldn’t say it was to the same extent it was before, but certainly I have

some correspondence that’s come across my desk that indicates some of the same thing is happening again,” Mr Gottlieb told Tribune Business, “and it is causing a degree of distress and anxiety among foreign property owners. “Potentially it could have a very negative effect, but I haven’t seen that much transpire in terms of foreign investors being scared off due to the tax increases.” He added that this was because “the worst seemed to have been addressed, albeit not totally satisfactorily”, when the Government told persons to pay the same amount as prior years

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