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Sandals Chairman comments on TCI corruption trial

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Providenciales, 01 Feb 2016 – On Tuesday, January 26, 2016, Andrew Mitchell Q.C. in continuing his opening statement in the criminal trial of former Premier of the Turks & Caicos, Michael Misick and others, stated that payments were made to Michael Misick by one or more Sandals-related companies. It is a fact that those payments were made.

The matter first came to light in the course of investigation by the US Department of Justice. This triggered a series of internal investigations by Sandals to determine the source of the payment and the responsible parties., Tom Scott, a retired Federal judge and partner in the Florida law firm, Cole, Scott & Kissane, was retained by Sandals to assist with the investigation and a highly reputable forensic accounting firm in Washington D.C. was also engaged to conduct an in-depth accounting investigation into the affair. The results of the investigation and the forensic audit revealed that some US$1,650,000 had been paid to Prestigious Properties Limited, a real estate company in which Michael Misick, Phillip Misick and Washington Misick were the shareholders, and Chalmers Misick & Co., a firm of lawyers in the TCI. All those payments were made without the knowledge or consent of the principals of Sandals.

The unauthorized payments were made by a Senior Executive and then Treasurer of Sandals. This culminated in the separation of the Senior Executive from the company and was followed by Sandals filing a lawsuit against him in the Bahamas to recover the unauthorized payments. The damage done to the Company by his actions was substantial. Not only had he betrayed the trust which the Chairman and other Directors had reposed in him but based on the level of his authority, the Company was legally bound by his actions and this culminated in the Company having to absorb a fine of US$12M imposed by the Turks & Caicos authorities.

In concluding the investigation the US Department of Justice said that Sandals had cooperated:
“with the United States authorities to a degree that [was] acknowledged to be both extraordinary and unique and included the early and voluntary release of valuable evidence that has been shared with the Special Investigation Prosecution Team (“SIPT”)”

Were it not for the Auld enquiry which followed Michael Misick’s removal from the Premiership in the TCI and the DOJ investigations the illicit payments might not have come to light.
Indeed, the incident triggered a Group-wide review of the internal controls with the organisation and during the course of that exercise further instances of irregularities were discovered. One such discovery culminated in the criminal prosecution in the Half-Way-Tree Resident Magistrate’s Court in Jamaica of Dr. Jeffrey Pyne, former Managing Director of Gorstew Limited the Sandals Treasurer, Patrick Lynch and Catherine Barber, both former Senior Executives affiliated with the Group, regarding violation of the ATL/Sandals Pension Fund, which is still the subject of Court proceedings.

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UNITED STATES OF AMERICA – TRAVEL ADVISORY  

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The USA, 14 April 2025    

                   

SUMMARY 

Take normal security precautions when traveling to the United States. This advisory contains important information regarding entry requirements, enhanced border screening, and other essential travel information for Bahamian citizens visiting the United States.

ENTRY REQUIREMENTS 

Bahamians require the following documents for travel to the United States.

By Air: – Police certificate OR Valid U.S. visa (note: Bahamians traveling on to another country and expecting to transit the United States on their return will need a visa)

By Sea: – Valid U.S. visa only

Additional information is available at the U.S. Embassy in Nassau and accessible online here.

Police Certificate Travel

Non-immigrants traveling on a police certificate are legally admitted to the United States and issued an electronic I-94 (Arrival/Departure record) after submitting fingerprints and clearing inspection formalities. These I-94 records can be viewed here.

Visa Travel Information

Most Bahamian visitors can stay in the United States for up to 6 months without a visa when traveling directly from The Bahamas for tourism, business, transit, or other specific purposes. Declare your intended length of stay upon entry to the United States.

Border Screening

Expect thorough examination at ports of entry, including inspection of electronic devices. U.S. border authorities have wide discretion and strictly enforce entry requirements. Be cooperative and honest in all interactions with border authorities. Refusal of entry could result in detention while awaiting removal.

It is important to note that the U.S. Customs and Border Protection (CPB) has the final authority to determine your eligibility to enter the United States. A refusal by US CPB at the airport means that you will not be allowed to enter the United States. Some common reasons for refusal are: security concerns, visa issues, and criminal history. If you are denied entry, remain calm, ask for the reason you were denied entry, and follow-up with the U.S. Embassy Nassau.

Electronic Device Searches

U.S. CPB officers have broad authority to inspect electronic devices at ports of entry, including:

  • Mobile phones
  • Laptops
  • Tablets
  • Social media accounts
  • Email messages
  • Text messages

While you are not under any obligation to unlock your devices or provide passwords, the US authorities reserve the right to enforce any of the following outcomes:

  • Prolonged interrogation;
  • Device confiscation; and/or
  • Denial of entry
  • Criminal Records

If you have a criminal record, regardless of the offence or when it occurred, you may be denied entry to the United States, even when travelling with a police certificate. Be prepared to provide context for any past offences. Additional information is available here.

Permanent Residents and Extended Travel

Bahamian permanent residents of the United States should be aware of heightened scrutiny when returning from international travel. If you plan to be outside the United States for more than six months, apply for a re-entry permit before leaving. Officials are increasingly monitoring time spent outside the country and may question permanent resident status if you spend excessive time abroad. Additional information is available here.

Airport Detention/ Arrest 

If you are detained or arrested at an airport or any other port of entry, remain calm and cooperate with officials. You have the right to remain silent and the right to an attorney and/or consular officer; please exercise this right. Your personal belongings, including mobile phone, may be confiscated. If you need prescription medication, advise officials before your belongings are confiscated.

SAFETY AND SECURITY 

Race-Related Considerations

As a predominantly Black country (around 90% of the population), Bahamian travellers should be aware that they may experience varying treatment in certain regions of the United States. While most experiences will be positive, some travellers may encounter bias or discrimination. Exercise situational awareness and familiarise yourself with local customs and expectations. Additional information from the UN Human Rights Council is available in the most recent report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in the United States available here.

Crime

Petty crimes such as pickpocketing and purse snatching occur, particularly in urban centres and tourist areas. Violent crimes are more common in poorer urban neighbourhoods, especially from dusk to dawn, and are often associated with alcohol or drug consumption. The FBI’s crime data explorer (CDE) is available here.

Firearms

Gun ownership rates in the United States are high, and open carry of firearms is legal in many states. Mass shootings can occur, though tourists are rarely involved.

Demonstrations

Demonstrations can turn violent without warning and may significantly disrupt traffic and public transportation. Avoid demonstration areas and large gatherings, and follow directions from local authorities.

Terrorism

There is an ongoing terrorist threat in the United States. Potential targets include government buildings (including schools), places of worship, transportation hubs, tourist attractions, restaurants, bars, shopping centres, and hotels.

HEALTH 

Medical care in the United States is particularly good, but comes at great cost. All hospitals must accept emergency cases regardless of ability to pay, but services will be billed to the patient. Foreign nationals without travel health insurance must pay for medical treatment themselves. Ensure you have travel insurance that covers hospitalisation abroad and medical evacuation.

LAWS AND CUSTOMS  Legal Status and Identity Verification

U.S. authorities may request proof of your legal status at any time. Always carry documentation proving your lawful presence in the United States, such as your I-94 form.

Alien Registration Requirement 

All foreign nationals present in the United States for more than 30 days must register with the U.S. federal government, in application of the Alien Registration Act. Failure to comply with this new rule will be counted as a criminal offense punishable by fines, imprisonment, or both. The U.S. Government has stated that individuals who fail to register may face arrest, deportation, and permanent inadmissibility to the United States.

Verify if you were automatically registered upon entry by checking your I-94 form on the U.S. Customs and Border Protection website (as cited above). Additional information on registration is available here.

Border Control and Restricted Items

During passage through U.S. Customs and Border Protection, certain categories of products receive heightened scrutiny:

Medications

Prescription medications require proof of prescription and should be:

  • In original containers with pharmacy labels
  • Limited to amounts needed for your stay plus one week ● Accompanied by a copy of your prescription
  • If necessary, include a doctor’s note explaining your condition

⚠️ All substances classified as controlled or illegal under U.S. federal law, including cannabis and other homeopathic drugs, are strictly prohibited regardless of their legal status in The Bahamas or other countries. Previous cannabis use or any association with the cannabis industry could result in being denied entry to the United States. Possession may result in immediate denial of entry, fines, deportation, cancellation of visa or travel privileges and/or future inadmissibility to the United States. Note that although some U.S. states have legalized cannabis for medical or recreational use, it remains illegal under U.S. federal law, which governs all border crossings.

Agricultural and Phytosanitary Products

The U.S. maintains strict regulations on importing agricultural products to prevent the introduction of pests and diseases. Bahamian travellers should be aware of the following restrictions:

Seafood and Marine Products:

  • Conch and other Bahamian seafood must be declared to CBP
  • Personal quantities may be allowed if properly packaged and for personal consumption only
  • Commercial quantities require proper permits and may be subject to inspection by the Food and Drug Administration (FDA)
  • Some marine species may be protected under CITES (Convention on International Trade in Endangered Species) and may require special permits. Additional information is available here.

Fruits, Vegetables, and Plants:

  • Most fresh fruits and vegetables from The Bahamas are prohibited from entering the U.S. and all plants and plant products must be declared and are subject to inspection

    Failure to declare agricultural items can result in penalties of up to $10,000

Always declare all food, plant material, and animal products to CBP officers. When in doubt, declare it. Undeclared prohibited items may result in significant fines and penalties.

Contact(s) for Overseas Offices 

A full list of Consulates and Honourary Consulates based in the United States of America is available on the Ministry’s website here.

The Ministry encourages all Bahamians who are travelling or living abroad to register here.

Last updated 14 April 2025. 

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Kew Town Male Sentenced for Causing Death by Dangerous Driving

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Turks and Caicos, April 14, 2025 – The Supreme Court in Grand Turk has sentenced 34-year-old BRUNO LEXIMA of Kew Town, Providenciales, to three years’ imprisonment following a fatal traffic collision that occurred on Millennium Highway in November 2020. Lexima appeared before the Grand Turk Supreme Court and was formally sentenced on April 8, 2025.

The court handed down the following sentence:

  • Three (3) years’ imprisonment for Causing Death by Dangerous Driving.
  • Four (4) months’ imprisonment for Dangerous Driving.

(Both sentences are to run concurrently.)

Lexima’s driver’s license will be disqualified for 12 months after his prison release.

While incarcerated, Lexima is required to:

  • Participate in a Dangerous Driving Education Program facilitated by the Department of Rehabilitation.
  • Receive psychological treatment through the Department of Behavioral Health Services.

On 23 November 2020, at approximately 5:30 a.m., police officers responded to reports of a serious motor vehicle collision involving two pedestrians struck by a white four-door Toyota Wish.

The incident occurred alongside the Millennium Highway, Providenciales.

Tragically, pensioner Kenneth John Walters, 70, of Blue Hills died at the scene as a result of injuries sustained. A 40-year-old female pedestrian was also injured and taken to Cheshire Hall Medical Centre, where she was treated for non-life-threatening injuries.

Following a thorough investigation, Mr. Lexima was charged.

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Tourism Stakeholders Warned About Encouraging Use of Illegal Taxis

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Hon. Zhavargo Jolly, Minister of Tourism, Agriculture, Fisheries & the Environment

PROVIDENCIALES, TURKS AND CAICOS ISLANDS (April 14th, 2025) – The Department of Tourism Regulations in collaboration with the Turks and Caicos Hotel and Tourism Association (TCHTA) and the Traffic Enforcement Unit of the Royal Turks and Caicos Islands Police Force, is reminding tourism stakeholders that encouraging the use of illegal taxis is impermissible and may carry legal repercussions.

Hotels, restaurants, business owners and tourism ambassadors who promote, refer, facilitate or enable the operation of illegal taxis are liable to a fine of $1000.

“This Ministry stands with every licensed taxi operator who plays by the rules and contributes to the safety, credibility, and professionalism of our tourism industry. Illegal operators not only endanger lives—they undermine the hard work of those who do things the right way. We will not allow a few bad actors to tarnish the reputation our people have worked so hard to build,” said Hon. Zhavargo Jolly, Minister of Tourism, Agriculture, Fisheries & the Environment

Mr. Avi Adams, Director of the Department of Tourism Regulations said: “The Department of Tourism Regulations is reminding the public that operating an unlicensed taxi or public service vehicle is a serious offence under the laws of the Turks and Caicos Islands. Illegal taxi operations undermine our tourism sector’s safety, quality, and reputation and pose a risk to both residents and visitors.”

“The TCHTA is reminding all of our members to be mindful of the laws of the Turks and Caicos Islands as well as the safety of their employees and visitors which is paramount to the success of our industry. Everyone, from the security guards to the executives, has a duty to safeguard the tourism sector and that can only be achieved by doing what is lawful and right,” said Mrs. Stacy Cox, CEO of the TCHTA.

Drivers of illegal taxis are warned that it is an offence under the Road Traffic Regulations to operate a public vehicle without the appropriate license or to do so without holding a valid public service operator’s license.

“To obtain insurance coverage, operators must comply with the requirements set out under the Insurance Act. Failure to meet these legal obligations not only puts lives at risk but also constitutes a serious violation of the law. We are appealing to the public to refrain from operating unlicensed public vehicles and urge members of the public not to patronise such illegal services,” said Head of the Traffic Enforcement Unit, ag Insp Damien Mitchell.

The fine for operating without the appropriate license or without a valid public service operator’s license is $1,000 for each offence if found guilty. Under the Insurance Act, individuals may also face disqualification from driving.

For more information or to report illegal activity, please email the Department of Tourism Regulations at tourism regulations@gov.tc or call +16493385349.

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