Tag: Governor Tauware

West Caicos Development Order in Turks and Caicos Islands

Post author By Cem Kınay
Post date 19 February 2013

West Caicos Development Order/Agreement

DEVELOPMENT ORDER
Legal Notice 2 of 2013
Made: 8th February 2013
Commencement: 15th February 2013
JASPER DEVELOPMENT COMPANY LTD DEVELOPMENT ORDER 2013
______________________________________________________________
MADE by the Governor under Section 4 of the Encouragement of Development Ordinance 1972
(Cap 20.01).
Citation
1. (1) This Order may be cited as the Jasper Development Company Ltd Development
Order 2013.
(2) The Logwood Development Co. Ltd. Development Order and The Logwood Hotel
Development Co. Ltd. Second Amended Development Order are hereby replaced.
Interpretation
2. In this Order:
(a) “Development” shall have the same meaning as in the Development Agreement.
(b) “The Development Agreement” means the Agreement dated the 6th day of
December 2012 and made between the Crown (1) the Government of the Turks
and Caicos Islands (2), the Developer (3), and Deer Valley Holdings Limited (4)
as amended, modified and supplemented (if applicable) in the interim.
(c) “excluded items” means the items deemed by the Collector of Customs to be
subject to full duty and shall include (but shall not be limited to) vehicles (other
than light weight environmentally friendly 4 or 2 stroke carts and/or electric
carts), amusement equipment, games of any kind, sailing boats, water sport
equipment, diving equipment, guest amenities, paper or cleaning supplies,
paintings, audio and audio visual equipment, linens, chinaware, flatware, kitchen
utensils, costumes, decorations, chemical products, gifts, area rugs and general
maintenance parts.
(d) “Developer” shall mean Jasper Development Company Ltd., a company
incorporated under the laws of the Turks and Caicos Islands, and having its
registered office at P.O. Box 127, Richmond House, Leeward Highway,
Providenciales, Turks and Caicos Islands, and shall include its Affiliates.
(e) “Affiliate” means with respect to a person (i) any other person that is directly or
indirectly controlled by, under common control with or controls such a person;
15349797\1 -2-
(ii) any other person owning beneficially or controlling fifty percent (50%) or
more of the voting stock of such person; or (iii) any officer, director or partner of
such person. As used herein, the term “control” means possession, directly or
indirectly, of the power to direct or cause the direction of the management or
policies of a person, whether by the ownership of partnership interest or voting
securities, by contract or otherwise.
Development Enterprise
3. The Development is declared to be a development enterprise in accordance with the
Encouragement of Development Ordinance 1972.
Developer
4. The Developer is declared to be the developer in accordance with the Encouragement of
Development Ordinance 1972.
Premises of Development Enterprise
5. The Development shall be constructed, managed and otherwise operated at the land on
West Caicos specified in the Development Agreement.
Commencement of Development Enterprise
6. The construction by the Developer of the Development has commenced pursuant to the
Logwood Development Co. Ltd. Development Order.
Completion of Development Enterprises
7. The date on or before which it is anticipated that the Development shall be completed is
31st December 2027.
Other Conditions
8. The construction and operation of the Development shall be carried out in accordance
with the terms and conditions of the Development Agreement. The benefits and
covenants expressed therein shall form part of this Order.
Declared Benefits – Phases 1 and 2
9A. Subject to the provisions of the Encouragement of Development Ordinance 1972 and
provided that at least seven (7) days prior to the importation of any article into the Turks
and Caicos Islands pursuant to this Order, the Developer shall furnish the Collector of
Customs with a list which shall be agreed with the Collector of Customs describing the
articles that are to be imported including their categories and their quantities, the
Developer shall be entitled with respect to Phase 1 and Phase 2 of the Development (as
those phases are defined in the Development Agreement):
(a) for a period of fifteen years from the date of this Order to exemption from:
(i) any taxes on profits, gains or turn-over attributable to the Development;
(ii) any real property tax, capital levy or other tax on capital invested in the
Development;
(b) in relation to the Hotel Development (as defined in the Development Agreement)15349797\1 -3-
for a maximum period of five (5) years from the date of this Order, or until the
Hotel Development is completed, which ever is the earlier, to a reduction to 7 %
in customs import duties under paragraph 4 of The Customs Tariff (General)
Order 1991 on-
Materials:
(i) all building materials (except excluded items) which the Collector of
Customs is satisfied are imported for and to be used solely in the initial
construction and fitting out of the Hotel Development;
Equipment:
(ii) all plant, machinery, equipment, tools (except excluded items) which the
Collector of Customs is satisfied are imported for and are to be used solely in
the initial construction of the Hotel Development;
Furniture, Fixtures and fittings:
(iii) all furniture, fixtures and fittings (except excluded items) which are normally
capitalised in accordance with the generally accepted accounting principles
and which the Collector of Customs is satisfied are imported for and to be
used solely in the initial construction of the Hotel Development;
(c) in relation to the remainder of the Development, for a maximum period of fifteen
years from the date of this Order, or until the Development is completed, which
ever is the earlier, a waiver of all customs import duties on all materials,
equipment, furniture, fixtures, fittings and items (other than excluded items) to be
used in the Infrastructure Works (as defined in the Development Agreement) of
the Development, including:
Materials:
(i) all building materials (except excluded items) which the Collector of
Customs is satisfied are imported for and to be used solely in the initial
construction and fitting out of the Infrastructure Works comprised in the
Development;
Equipment:
(ii) all plant, machinery, vehicles equipment, tools (except excluded items)
which the Collector of Customs is satisfied are imported for and are to be
used solely in the initial construction of the Infrastructure Works
comprised in the Development;
Furniture, Fixtures and fittings:
(iii) all furniture, fixtures and fittings (except excluded items) which are
normally capitalized in accordance with the generally accepted accounting
15349797\1 -4-
principles and which the Collector of Customs is satisfied are imported for
and to be used solely in the initial construction of the Infrastructure Works
comprised in the Development;
(d) from the date hereof until the expiry of a period of 15 years from date hereof, a
reduction to 10% in Customs import duties on all materials, equipment, furniture,
fixtures, fittings and items (other than excluded items) used in the Development;
(e) for a period of 15 years from the date of this Order, a reduction by 50% of the rate
of cargo dues on Materials payable from time to time under the Docks Ordinance
1984; or any statutory modification on re-enactment thereof and any regulations
made thereunder or, any other supplementary or additional enactment imposing
cargo dues, or the equivalent by whatever name called.
PROVIDED THAT if the Developer fails to give at least 7 days notice prior to the importation
of any article the Collector of Customs shall be entitled to charge customs duties at the full rate
in respect of such article AND PROVIDED FURTHER that duties on articles imported may
become payable as provided by Section 9 (1) of the Encouragement of Development Ordinance
in the event of their being disposed of in any manner within five years from the date of
importation.
Declared benefits – Phase 3
9B.1 Subject to the provisions of the Encouragement of Development Ordinance 1972 and
provided that at least seven (7) days prior to the importation of any article into the Turks
and Caicos Islands pursuant to this Order, the Developer shall furnish the Collector of
Customs with a list which shall be agreed with the Collector of Customs describing the
articles that are to be imported including their categories and their quantities, the
Developer shall be entitled with respect to Phase 3 of the Development (as that phase is
defined in the Development Agreement) for a maximum period of ten years from the
date of commencement of Phase 3, or until Phase 3 is completed, whichever is the earlier,
to—
(i) a reduction by 50% of the then-prevailing rate of customs import duty on-
Materials:
(i) all building materials (except excluded items) which the Collector of
Customs is satisfied are imported for and to be used solely in the initial
construction and fitting out of Phase 3;
Equipment:
(ii) all plant, machinery, equipment, tools (except excluded items) which the
Collector of Customs is satisfied are imported for and are to be used solely in
the initial construction of Phase 3;
Furniture, Fixtures and fittings:
(iii) all furniture, fixtures and fittings (except excluded items) which are normally
15349797\1 -5-
capitalised in accordance with the generally accepted accounting principles
and which the Collector of Customs is satisfied are imported for and to be
used solely in the initial construction of Phase 3; and
Infrastructure
(ii) a complete exemption from customs import duty on all building materials (except
excluded items) which the Collector of Customs is satisfied are imported for and to be used
solely in the initial construction and fitting out of infrastructure for Phase 3, and
“infrastructure” for these purposes shall be deemed to refer to all or any (as applicable) of
the types of items set out in Schedule 1, paragraph 2 of the Development Agreement
(“Infrastructure Works – General Scope”) and generally to physical services and facilities
reasonably required to build and operate the Development or any part thereof in the
manner and to the standard contemplated by the Development Agreement.
PROVIDED THAT if the Developer fails to give at least 7 days notice prior to the
importation of any article the Collector of Customs shall be entitled to charge customs
duties at the full rate in respect of such article AND PROVIDED FURTHER that duties
on articles imported may become payable as provided by Section 9 (1) of the
Encouragement of Development Ordinance in the event of their being disposed of in any
manner within five years from the date of importation.
9B.2 In relation to Phase 3, the Developer (or its applicable Affiliate, as the case may be) shall
be entitled to a reduction in stamp duty of 50% of the then-prevailing rate on land
transfers and leases (i) to the Developer or any of its Affiliates, and (ii) to buyers of
residential parcels (including strata and built lots) from the Developer or any of its
Affiliates, which are presented for registration in the Land Registry during the
period of five years from the date of this Order.
Cessation of benefits and recovery of duty
10.
(1) If at any time after the date of making of this Order the units within the
Development which are designated or intended for use as accommodation from
which the Government derives revenue under the Hotel and Restaurant (Taxation)
Ordinance are not used or cease to be used for the purposes of such
accommodation other than by reason of force majeure or by reason of seasonal
closure (such not to exceed three months in any given year), the Developer shall
pay to the Government the amount of taxes, capital levy, or customs import duties
which the Developer would have paid if it had not been for articles 9A or 9B.
(2) The rate of interest referred to in paragraph (3) shall be 4% above Barclays Bank
plc’s base rate from time to time; and
(3) interest on that amount at the rate specified in paragraph (2) for the period
beginning with the date on which the taxes, capital levy or customs import duties
would have been paid if it had not been for article 9 or the date when a unit which
has been used as accommodation from which the Government derives revenue
under the Hotel & Restaurant (Taxation) Ordinance ceases to be so used
15349797\1 -6-
whichever is the later and ending not later than the date on which the taxes,
capital levy or customs import duties are paid.
(4) Nothing herein shall be construed so as to entitle the recovery by the Government
from the Developer of taxes, capital levy or customs import duty benefits or
concessions afforded to Logwood Hotel Development Company Ltd or Logwood
Development Company Ltd.
Made this 8th day of February 2013.
DAMIAN RODERIC TODD
GOVERNOR

Tags alleged corruption, Cem Kinay, Change for Turks and Caicos Islands, Dellis Cay, Democracy for turks and Caicos islands, Dr.Rufus Ewing, Governor Tauware, governor todd, Joe Grant, Providenciales, Richard Todd, Ritz carlton West caicos, Turks and Caicos islands, TURKSJOURNAL, west caicos

News

HOUSE OF ASSEMBLY VOTES TO REPEAL VAT IN TURKS AND CAICOS

Post author By Cem Kınay
Post date 1 February 2013

House of Assembly votes to repeal VAT, final decision rest with Governor Todd the Dictator
Published in TCI POST on 01st February
The House of Assembly has voted overwhelmingly to repeal the VAT law…………
The Governor put himself in a very awkward position regarding the VAT Bill. It was unprofessional, undiplomatic and dictatorial for him to publicly announced before the elections that an elected government cannot repeal VAT.
Now the governor has his his ego to protect and no doubt would use his considerable offensive colonial powers under the TCI British imposed constitution to veto the bill repealing VAT.
Nevertheless the government and the opposition did the right thing in voting for the repeal of VAT. The only voice in the House of Assembly that argued against repealing the bill was the governor’s appointed member Lillian Misick.
Should the Governor veto this bill whether with the advice of the Secretary of state or or his own accord, it is likely to trigger a series of events which could see civil disobedience on one hand or a spirited diplomatic effort to ensure that the bill is repealed.
The Minister of Finance stated that if the bill is not repealed that he would refused to enforce the law as it relates to VAT. I have no confidence in this approach although I wholeheartedly admire the tenacity of the Minister of Finance.
The trio of the Governor, the AG and the CFO will just do what they do best. They will intimidate and threaten civil servants to enforce VAT. The Governor made it clear in a recent press release that the TCI is jointly governed by him and the PNP. This is a clear admission by the governor that there are two governments performing at the same time in the TCI.
So folks the fight is far from over, in fact it has just began. John Glasgow

News

Press Statement from Advocates Legal Group in Turks and Caicos Islands

Post author By Cem Kınay
Post date 1 February 2013

Published in TCI Post on 01st of February

Advocates Legal Group – Press Statement Re: Intimidation and Threats by the Attorney General Chambers

ADVOCATES LEGAL GROUP
MEMBERS: Mark A Fulford, Noel T Skippings, Arthur Hamilton, Ashwood Forbes, Courtenay Barnett
PRESS RELEASE
RE: INTIMIDATION & THREATS TO FREEDOM OF SPEECH
MADE BY THE ATTORNEY GENERAL CHAMBERS
As Lawyers, we feel compelled to respond to the Attorney General`s public statement, as we find it to be very high handed, vexatious and wreaks of intimidation of the highest order.
Our country`s constitution guarantee us the freedom of expression, and unless the AG Chambers changes that law too, Part 1, Section 1 of the Constitution still applied to the Turks and Caicos Islands.
It is not acceptable that the Attorney General should cause to be published a threat of 10 years imprisonment when the press published and freely expresses factually based concerns about the manifest flaws and shortcomings in the justice system under the present dispensation.
It is indeed a compromise of the Constitutional enshrinement and protection of the fundamental right of “freedom of expression”. The AG’s threat to imprison by invoking the antiquated concept of contempt by way of “scandalising the court” fails to recognize the following:-
A. Contempt by way of scandalising the court was used years ago in England as a means of silencing legitimate criticism of Judges and others in authority. It is no longer used in England, and since parity by way of “gay rights” has been strenuously advanced by HMG in the TCI, the lawyers group is duty bound to insist that obsolete laws not be used in this manner to silence those who make legitimate criticism of a manifestly flawed justice system.
B. If the individual or individuals named in any article feel that they have been defamed, then sue the published on the article for defamation and do not threaten either lawyers or the press which should not be so intimidated because a Registrar, or Chief Justice or any Judge feels aggrieved for having read what was published in the press.
B. The high office of Attorney General should be, with respect, more concerned about:
Compromises in the system of justice,
Selective prosecution,
the impasse between Governor and Government over VAT,
The use of prosecutorial powers to pressure confessions and settlements,
Rather than be it implied or expressed be seem as silencing legitimate criticisms of a flawed justice system.
END
31 January 2013

Posted by john Glasgow on Feb 1 2013.

News

Political Unity in Turks and Caicos Islands

Post author By Cem Kınay
Post date 22 January 2013

New tax creates political unity in Turks and Caicos
Published on January 21, 2013

By Caribbean News Now contributor

PROVIDENCIALES, Turks and Caicos Islands — The fight against the imposition of value added tax (VAT) in the Turks and Caicos Islands (TCI) has now produced an unusual bipartisan unified front by the government and the opposition.

While government supporters, including former Progressive National Party (PNP) candidate Royal Robinson, have gone public with an appeal for unity against Britain’s Foreign and Commonwealth Office (FCO), which promoted the VAT legislation in the first place and has since rejected requests for a delay in its imposition, resistance to VAT had not so far generated any political unity.

All this changed on Saturday, when Premier Rufus Ewing invited Peoples Democratic Movement (PDM) opposition leader Sharlene Cartwright Robinson to join in a press conference on the issue of VAT. While both parties both oppose VAT, this is where they begin and end on the matter, however.

VAT is the means implemented by the former interim government last year to raise taxes to pay down the $260 million loan guaranteed by Britain. In fact, this was restated in last Monday’s Appropriations Committee meeting by chief financial officer Hugh McGarel Groves. It was also repeated in a letter sent last Monday to Ewing from Mark Simmonds, Britain’s minister for the Overseas Territories, who rejected a request for a delay in the imposition of VAT in the TCI and confirmed that the new tax will take effect as planned on April 1, absent a credible alternative.

The PNP government feels that VAT is not enough and has complained strongly that it is not a democratically imposed tax. However, the government wants to impose other taxes, which will raise what it estimates to be 150 percent more tax revenue. In fact, finance minister Washington Misick has said his suggested taxes will “improve the economy of the Turks and Caicos Islands”. What it appears he meant was that such new taxes will improve the income of the government not the economy itself.

The opposition PDM, while against the imposition of VAT, has not suggested any new taxes. The party has issued a position paper on the issue, which states that the fundamental budget problem is failure to collect all the current taxes due and the extraordinarily high cost of health care.

PDM leader Cartwright Robinson said at an earlier press conference that there has been no work by the PNP government on reforming the NHIP health plan.

Cartwright Robinson said that her party was opposed to VAT primarily because it will raise the cost of living.

“When you change the basic tax structure of an entire country, the elected government representing the people needs to make that decision,” said Cartwright Robinson

Following the election of the PNP as the new government last November, Ewing and his finance minister Washington Misick have been seeking a delay of six months in the implementation of VAT.

However, according to overseas territories minister Simmonds, a delay in the implementation of VAT would present significant risks.

“A delay at this stage would risk undermining the credibility of the government’s commitment to VAT particularly with those businesses that have invested in preparation. And I am not convinced that delay would make it easier for you to find and commit to the introduction of a credible alternative. I fear that a property or income tax would be likely to attract opposition at least as strong as VAT,” he said.

Simmonds went on to say that any such delay would be unlikely to diminish the opposition of those businesses who will have to pay tax for the first time or open their books or lose some of the benefits of what he described as “excessive concessions” granted by previous administrations.

He also pointed out that delaying the implementation of VAT would require the government to cut public spending further than would otherwise be necessary.

“I think you have a choice between pressing ahead with the introduction of VAT from 1 April or making a clear commitment to introducing a credible alternative to VAT such as property or income tax. I should be clear that I believe that, at this stage, the best option for Turks and Caicos is to press ahead with implementation of VAT,” Simmonds said.

Tinkering with the current disparate and unsatisfactory mix of taxes would not address the underlying weakness and unfairness of these and would not offer a credible alternative to VAT, he added.

According to SImmonds, the previous elected PNP government had already decided that VAT had significant advantages over property and income taxes but, nevertheless, invited Ewing to submit a new fiscal and strategic policy statement by the end of January.

“While you are finalising this I expect preparations for VAT implementation to continue at full speed, including investment in planned new IT, so that it can take effect on 1 April,” Simmonds added.

However, Simmonds’ claim that the previous PNP government had endorsed VAT was disputed in a subsequent statement by then finance minister, Floyd Hall.

“That statement is completely false. While it is the case that the former PNP had agreed to explore the option of selecting one of four taxation models being imposed on us by advocates for the Organization for Economic Corporation and Development (OECD), the European Union, IMF and the FCO to obtain compliance with international tax standards in our financial services industry and to achieve revenue sustainability, it was never the case where VAT was selected as a done deal for implementation in the Turks and Caicos Islands by our PNP administration,” Hall said.

The new tax was signed into law during the term of the previous interim administration run by Britain following the suspension of elected ministerial government in the TCI in 2009 as a result of widespread and systemic government corruption during the PNP’s previous term in office from 2003 to 2009.

Unrestrained government spending during those years brought the TCI to the verge of bankruptcy, necessitating a $260 million loan guaranteed by Britain and other measures to enable the territory to balance its budget.

Tags Change for Turks and Caicos Islands, Dellis Cay, Democracy for turks and Caicos islands, Governor Tauware, governor todd, Grand Turk, Lillian Misick, politics in turks and caicos islands, Providenciales, providenciales turks and caicos islands, Turks and Caicos islands, TURKSJOURNAL

News

OLYMPICS INVITATION TURNS POLITICAL

Post author By Cem Kınay
Post date 30 July 2012


Published on July 30, 201 in TCI WEEKLY NEWS
Progressive National Party (PNP) leader Dr Rufus Ewing (L) and Peoples Democratic Movement (PDM) leader Oswald Skippings A change in the positions of the two TCI political parties vis a vis Britain is being seen as the fallout from an invitation issued to the two party leaders to attend the summer Olympics in London. The invitation was also scheduled to include meetings with British Department of State and Foreign and Commonwealth Office (FCO) officials. The leaders of the Progressive National Party (PNP), who have been advocating their position of taking the TCI independent of Britain, have now welcomed the offer of an all expenses paid trip to attend the world event. However, PNP leader Dr Rufus Ewing is not taking his deputy leader, attorney Carlos Simons QC, with him, deciding instead to be accompanied by Royal Robinson, a former member of the Misick-led PNP government. The Peoples Democratic Movement (PDM), led by Oswald Skippings, decided to decline the invitation to attend the Olympics. In a television interview, Skippings said that he did not receive the itinerary on time to make the decision to attend. He was scheduled to be accompanied by his deputy and former member of the Consultative Forum, Sharlene Cartwright Robinson. However, Governor Ric Todd has denied that the PDM was issued the travel itinerary late and released a summary of the correspondence between the Governor’s Office and the PDM officials. Nevertheless, the PDM maintains this is not true. During the Skippings interview, the party leader said that he did not feel the meetings with British officials would be productive because they would be distracted by the Olympic events. After taking over as PDM leader recently, Skippings was asked if he agreed with Britain’s suspension of the constitution and of the elected government. Skippings responded, “We had no choice and if we had to make that decision again, we would do the same thing.” It was former leader of the PDM, Floyd Seymour, who sent evidence of widespread corruption to Britain’s Foreign Affairs Committee (FAC) in late 2007. This evidence, used by the FAC, forced the FCO to call a Commission of Inquiry, which resulted in the imposition of direct rule by Britain in August 2009. After Seymour stepped aside and returned to private life, new PDM leader Douglas Parnell led several missions to London, where they met with FCO officials, members of the House of Commons and House of Lords, officials of the Westminster Foundation, as well as other persons and entities interested in the TCI and regional issues. Parnell has now followed Seymour into private life, not contending for any party position at the June convention in Grand Turk. Former PDM leader and former Chief Minister Derek Taylor, who lost to Skippings at last month’s convention, reported he was working with members of the interim government. Two days before leaving for London, PNP leader Ewing said he was looking forward to meeting with the British officials. “Even if we agree to disagree this will be productive,” he said. The PDM, under none of their leaders, has ever favoured independence and has expressed disappointment that the special investigation and prosecution team (SIPT) has not moved swiftly enough. The party has, however, favoured earlier elections and a return to democratic rather than direct rule. Supporters of both parties now report disagreements with their respective leader’s positions on the London trip.

News

LACK OF OVERSIGHT THROUGH GOVERNORS IN TURKS AND CAICOS IS AN ISSUE AT UNITED NATIONS

Post author By Cem Kınay
Post date 21 July 2012

Lack of oversight in Turks and Caicos spotlighted at UN
Published on July 21, 2012
By Caribbean News Now contributor NEW YORK, USA — The United Nations Committee of 24 held hearings late last month dealing with issues affecting dependent territories that are controlled by colonial powers including Britain and the USA, the majority of these being island territories that are isolated from their mother countries. Representing the situation in the Turks and Caicos Islands (TCI) was Alpha Gibbs. He and an associate, Ben Roberts, also a native TC Islander who lives, as does Gibbs, in the US, had approached the United Nations on behalf of the TCI before. The Gibbs UN presentation spoke at length about the lack of oversight on the part of previous British governors. This would have included Governor Posten (now deceased) Governor Tauwhare, and possibly Governor Wetherell. These three governors held office during the period when the Progressive National Party (PNP) was in power. Posten, Tauwhare and Wetherell were all appointed by Britain’s Foreign Commonwealth Office (FCO) during the British Labour Party’s term of office under prime ministers Tony Blair and Gordon Brown The last Labour government appointed minister with responsibility for Britain’s overseas territories was Chris Bryant but possibly the best known minister of this era was Meg Munn, who visited the TCI in early 2008 and met with then governor Tauwhare and premier Michael Misick. Coming out of that meeting, Munn famously told the media that there was no evidence of serious corruption. This was almost immediately disputed by a mission from the British Foreign Affairs Committee. Munn was soon dismissed and Tauwhare was refused a one year extension of his appointment. He left in late June 2008, just 90 days later. The Gibbs presentation at the United Nations also chided the British interim administration, which has been running the affairs of the TCI since August 2009 and which has failed adequately to resolve the economic issues remaining in the wake of the period Gibbs says oversight was missing. Since the August 2009 imposition of direct rule by Britain, a balanced budget has not been achieved and the private sector economy of the TCI has contracted significantly. However, tourism has increased and, through many newly imposed taxes and raised fees, the government has increased its income. The interim administration, while due to hand over the reins of government to an elected government in November of this year, has announced that they will continue to control the finances of the TCI via a British-appointed financial officer. The most recent proclamation on this issue is that finances will not be handed over to local government until a $260 million loan guarantee by Britain has been discharged. This loan, as well as the new and increased taxes and fees, have assisted in the pay-down of hundreds of millions in debts left by the previous elected government and the continuing deficit budgets of the interim government. The loan was guaranteed by Britain and put in place to avoid a TCI bankruptcy.

News

Criminal Case against MARIO HOFFMAN Dropped with a CONFIDENTIAL SETTLEMENT

Post author By Cem Kınay
Post date 18 July 2012

AG drops all cases against Mario Hoffman

By Hayden Boyce – Publisher & Editor-in-Chief

The Turks and Caicos Islands Government (TCIG), through Attorney General Huw Shepheard, has reached a “confidential settlement” with Russian billionaire and Salt Cay developer Mario Hoffman, who was once at the centre of corruption allegations following the Sir Robin Auld Commission of Inquiry.
A press release from the Attorney General said that after several years of claims and counterclaims, they have settled all current claims and proceedings between his office and Hoffman.
Shepheard stated: “The terms of the settlement are confidential, but the parties have agreed to make public all significant terms. Mr Hoffmann and the Development Companies have transferred all the lands on Salt Cay which they own or lease to TCIG, totaling some 1,506 acres; Mr Hoffmann and the Development Companies have made a contribution to TCIG’s costs; Mr Hoffmann has surrendered his Belongership and neither Mr Hoffmann nor the Development Companies admitted any wrongdoing or civil or criminal liability when entering into the settlement.”
Shepheard added: “We are pleased that these disputes have now been settled, and in consequence that the position of Salt Cay is now secured with the transfer of all the respective lands on Salt Cay to the Government. The Government will be undertaking a broad consultation as to the future of Salt Cay.”
Hoffmann, a wealthy Slovakian businessman, is, indirectly, the owner of over 90% of Postova Banka, a regulated Slovakian retail bank, and is the Chairman of its supervisory board of directors.
Since 1997 he has been a frequent visitor to TCI, having built a house here and spending 2 to 3 months here every year. Since 2000 he has been pursuing a project to develop the island of Salt Cay through a company called DEVCO. To that end he has steadily acquired land on this island from the Government of TCI. Another Slovakian bank, J & T Banka, is a partner in this project. An important part of the project is the creation of a golf course.
The TCI Government, under the leadership of its premier, the Hon Michael Misick, granted to DEVCO the land on which the golf course was to be built, on a 99 year lease at a “peppercorn” rent. In August 2006 Salt Cay Golf Club was incorporated as the company that would own and run the golf club. 50% of the shares in this company were held by Mr Hoffmann’s Cyprus based holding company.
The other 50% were given to a holding company of which Mr Chal Misick, a brother of the Premier, was the owner. In the following year, 2007, the Hon Michael Misick successfully applied to J & T Banka for a loan, made to himself and his then wife LisaRaye McCoy, of US$ 6 million. Mr Chal Misick provided, and J & T Banka accepted, his 50% shareholding in Salt Cay Golf Club as security for this loan.
Former Premier Misick, who is wanted for questioning by the SIPT, is presently living in political asylum in an unknown country. It is unclear if, as a result of the settlement with Hoffman, the allegations against Misick and his brother Chal, will still stand.

Last week, the AG also dropped criminal corruption charges against billionaire developer Jak Civre, who was charged by the Helen Garlick-led Special Investigation and Prosecution Team (SIPT) with bribery in connection with the construction of the Seven Stars project. Those charges were dropped, purportedly because of his health and age, but after Civre paid close to US$5million to the Turks and Caicos Islands Government as part of a civil recovery settlement.

Meantime, the Government press release quoted Hoffmann as saying: “We have at all times maintained our innocence with respect to all allegations of misconduct and corruption made against us and determined that it was most convenient and expedient to enter into the settlement rather than continue on with the disputes in relation to Salt Cay. We are pleased to put these disputes behind us. We have maintained our innocence at all times and continue to think that our project for Salt Cay was a good one for the people of Salt Cay and the Turks and Caicos Islands. After litigating these issues for several years, in light of all mutual claims we felt it best to settle these disputes now and move forward with our other businesses. We thank the people of Salt Cay for their trust and confidence in us.”
In his final report, Commissioner of Inquiry Sir Robin stated: “There is, in my view, information and evidence before the Commission suggestive of the involvement of the Hon Michael Misick in corrupt dealings in relation to the Government’s transactions with Mario Hoffmann on behalf of DEVCO and of Chal Misick’s knowing assistance and complicity in it. Whatever the value and worth of the Salt Cay development as a whole, the Commission is unable to accept the account of Mr Hoffmann in relation to the appointment of Mr Chal Misick as a partner in the project.”
Sir Robin Auld also wrote: “I find that there is information of possibly corrupt and/or otherwise seriously dishonest involvement, including misfeasance in public office, of the Hon Michael Misick in relation to the Government’s transactions with Mario Hoffmann of DEVCO for the development of Salt Cay:
1) in respect of his participation in that development with Chal Misick’s knowing assistance and complicity in it, as described above;
2) in the potential abuse of his public office by accepting lavish and disproportionate hospitality from Mario Hoffmann, including the use of private aircraft, the provision of international flights and other hospitality in the course of developing business relations between DEVCO and the Government;
and 3) in potential abuse of his public office by seeking and accepting a loan of $6 million from J&T Banka when that Bank, on its own account, was in negotiation with the Government over funding and participation in the development of Salt Cay. I, therefore, recommend criminal investigation by the police or others of the possibility of corruption and/or other serious dishonesty, including misfeasance in public office, in relation to the Hon Michael Misick in respect of those matters.”
* Posted on July 17, 2012

Documents News

EXTRAJUDICIAL EXECUTION IN TURKS AND CAICOS ISLANDS THROUGH UK

Post author By Cem Kınay
Post date 17 July 2012

Democracy is in danger in Turks and Caicos Islands.

In August 2009 Hon.Governor Whetherell brought into force an Order in Council suspending TCI constitution.House of Assembly was dissolved and all representative seats vacated.

Amongst the astounding changes was that the basic right in the European Declaration of Human Rights to a Trial by JURY was also suspended

The sole political power is now Governors,appointed by UK Government.

I have been made a victim of politics of Turks and Caicos.In English law,the saying is that “justice must not only be done,but it must be seen to be done”.

Dr.Cem Kinay

Documents News

Dellis Cay Development Agreement signed by Hon.Governor Tauware in 2005

Post author By Cem Kınay
Post date 12 July 2012

Link: 31July2005- Dellis Cay – Development Agreement signed

Between Dr.Cem Kinay nd Hon.Governor Tauware on 31th July 2005.

Please compare both Development Agreements signed for Dellis Cay ,DA from 1997,before I purchased Dellis Cay in 1997

and 2005,when I purchased Dellis Cay.

I am asking again Hon.Governor Todd to publish all DA’s in the last 20 years for TCI People.

I am asking Helen Garlick to extend their investigations for all DA’s and political donations in this country.

The TCI people has the right to know the TRUTH’s.

God Bless.

Dr.Cem Kinay

Developer of Dellis Cay Turks and Caicos Islands.