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TCI: Give Belongers Amnesty Too – Says Attorney Mark Fulford

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#Providenciales, March 6, 2019 – Turks and Caicos

THE AMNESTY FIGHT: RIGHT FOR THE WRONG REASONS AND LIMITED IN SCOPE – GIVE BELONGERS AMENESTY ON GOVT DEBTS TOO
by- Mark A. FULFORD LLB

The recent Amnesty Bill passed by the Turks and Caicos parliament on the 4th of March 2019, has caused some consternation. The government says it was necessary as a part of doing business. The Opposition responds that it should have been done in a more prudent and transparent manner.

What if both parties have missed the point?



The current Government says previous administrations got the valuations of tax rates wrong over the years, including the Interim Government i.e. The British. They all failed year-after-year to identify the miscalculation or the “handshake agreement” upon which it was based.

Both parties may have missed the real issue. There maybe two solutions that includes Belongers and is fair to all Turks and Caicos Islanders:

I. The Government is right: governments of both parties and the Interim Government, led directly by the British missed this issue. As such, there should be no pointing of fingers at anyone. The Government is also right that in business (and reality), one must make decisions based on the larger picture, rather than narrow concerns or political emotions.

Let’s take Beaches for example, which is large and dominant because they are the best at what they do. Every other international brand in this region has fallen into bankruptcy, except Beaches.

In practical terms Beaches brings the most tourists to our shores. If Beaches accounting says that we have priced them out of the market, we must remember that affects the airlifts to our shores. This means that Beaches is actually caught between the TCIG and the airlines. Any good government understands these levels of pressure and knows that too much tax, too much red tape, means not only Beaches but eventually airlines will abandon the Turks and Caicos Islands, which presents an even bigger problem.

II. However, the Opposition is also right: More should have been done to gain a specific understanding of the actual accounting behind the Amnesty Ordinance.  Governments should never try to solve just the problem before them. But a progressive government would have used this problem of misevaluation of tax, to do a “Super Development Agreement” with Beaches and other Accredited Hotel Properties which would craft a solution that will provide a stable stream of revenue for the next 10-15 years.

I am aware how fast things change, but that only means our foresight and adaptability must be on the cutting edge, so that we can create e a new model for the hospitality industry that present and  new investors find attractive and will flock to our shores.



The Opposition is also right to have raised the point – argued by its leader the Hon. Washington Misick MP –  that provision be made for the “little man” in this extension of Amnesty. I don’t think we went far enough and it may be a legal question.

Under the TCI Constitution (2012 Edition), the rule against discrimination is clear: No benefit can be extended to one Turks and Caicos Islander that is denied or even not extended to any other. (Under our law, Mitt Romney is right, companies are citizens). Therefore, the Opposition should have demanded and the Government should have proposed that every Belonger, whether in arrears for NIB, NHIB, Business License, Crown Land Lease etc. should all be extended Amnesty on the same terms given to the 21 entities to whom this Ordinance applies.

Since the government argues that the People of Turks and Caicos will lose no principal under the Ordinance, but the companies will have the benefit of time through an extended grace period, it is my view that the same grace is the constitutional right of every Belonger and should be extended to all of us.

Mark A  Fulford


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News

COURT DENIES BAIL; MISICK, HANCHELL AND CHAL MISICK TO REMAIN BEHIND BARS DURING APPEAL

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Turks and Caicos, July 6, 2026 – Former Turks and Caicos Premier Michael Misick will remain in prison as he appeals his conviction in the Special Investigation and Prosecution Team (SIPT) corruption case after the Court of Appeal refused his application for bail pending appeal.

The Court also denied bail to former Cabinet Minister McAllister Hanchell and attorney Thomas “Chal” Misick, meaning all three men will continue serving their custodial sentences at His Majesty’s Prison while the appeals process moves forward.

The ruling is a significant development in one of the territory’s most consequential criminal prosecutions. It means the convictions remain in effect, and the men will stay incarcerated unless the Court of Appeal later overturns their convictions or otherwise orders their release.

The Court found the applicants had not established the exceptional circumstances required for bail pending appeal. It also determined there was insufficient basis to conclude that the appeals were likely to succeed or that the men would complete most or all of their prison terms before their appeals are heard.

Michael Misick was sentenced in May to four years and 26 days after being convicted on three bribery counts. Hanchell received a three-year sentence for bribery, while Thomas “Chal” Misick was sentenced to four years following his conviction for money laundering.

The convictions followed years of investigations and court proceedings arising from the SIPT inquiry into allegations of corruption involving former public officials and government transactions.

While the appeals remain before the courts, Monday’s decision confirms that the three appellants will continue serving their prison sentences. Their legal challenge now shifts to the substantive appeal, where the Court of Appeal will determine whether the convictions or sentences should be upheld, varied or overturned.

 

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Warning Puts Spotlight on Governor’s Constitutional Responsibility for Financial Services  

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By Deandrea Hamilton

PROVIDENCIALES, Turks and Caicos Islands (July 4, 2026) — The Turks and Caicos Islands Constitution assigns responsibility for the regulation of international financial services to the Governor, making Governor Dileeni Daniel-Selvaratnam’s remarks at the Financial Services Commission’s Annual Industry Meeting on June 30, 2026 more than a ceremonial keynote—they were an assessment from the constitutional office responsible for safeguarding one of the country’s most important economic sectors.

Addressing industry leaders, the Governor said the jurisdiction must strengthen regulatory effectiveness, improve supervision and responsiveness, remain agile in the face of emerging risks, and protect its international reputation as financial services continue to evolve.

Those remarks naturally raise an important question: if these are the priorities confronting the sector, what measurable progress has been made under the constitutional authority charged with its oversight?

The Governor’s address outlined a series of challenges, including cybersecurity, artificial intelligence, virtual assets, anti-money laundering compliance and increasing international scrutiny. However, the speech did not identify specific local regulatory findings, performance measures or actions taken to demonstrate how those concerns are being addressed or what has been accomplished since previous industry meetings.

The most recent publicly available Financial Services Commission Annual Report, covering the 2021/2022 financial year, painted a considerably different picture. It described a financially sound regulator that exceeded its revenue target by 43 percent, generated more than US$14 million in revenue, and transferred US$8.5 million to the Turks and Caicos Islands Government. The report also highlighted a resilient banking sector, profitable insurance operations and continued growth in registry activity.

Under Section 37 of the Turks and Caicos Islands Constitution, responsibility for the regulation of international financial services rests with the Governor, acting in her discretion. That constitutional mandate gives added significance to her assessment of the sector and, equally, invites public interest in understanding what measurable actions, reforms and outcomes have been achieved to maintain the credibility and competitiveness of one of the country’s most significant industries.

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Health

Turks & Caicos Hotel and Tourism Association Secures Landmark Health Insurance Partnership for Tourism Workforce  

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Providenciales, Turks and Caicos Islands, June 30, 2026 – The Turks & Caicos Hotel and Tourism Association (TCHTA) has secured a landmark partnership with Caribbean Health Insurance (CHI), a product of Bee Insurance Corp, giving tourism businesses across the destination access to health coverage of up to USD 500,000 per employee.

The official signing ceremony, hosted by Beaches Turks and Caicos, capped months of work led by the TCHTA Membership Committee to identify a reputable provider capable of helping to fill a critical coverage gap in the hospitality sector.

The launch also marks a timely and significant private-sector solution to a growing healthcare coverage concern following the Government’s recent announcement that work permit holders would no longer have access to the NHIB Treatment Abroad Program – a change that left many employees across the tourism sector, and beyond it, without the usual pathway to specialized medical care outside the Turks and Caicos Islands.

TCHTA President James McAnally said the agreement is a critical step in supporting the people who power the country’s leading industry.

“Our industry depends on people, and when something as important as access to care is affected, we have a responsibility to seek practical solutions,” said McAnally. “This partnership with Caribbean Health Insurance gives our members a comprehensive and affordable option for their teams. It is also an example of the role the TCHTA plays in advocating, responding, and creating avenues that support the sustainability of our sector.”

The Caribbean Health Insurance plan offers two tiers, CORAL and PEARL Elite, providing coverage of USD 300,000 and USD 500,000 respectively, with the PEARL plan including air ambulance service. Both grant policyholders access to a growing network of hospitals and specialists in the Dominican Republic and Colombia, with Jamaica expected to join the network later this year. Coverage includes telemedicine, bilingual patient support, and features a zero-deductible structure.

“We have developed Caribbean Health Insurance specifically for our region. At Caribbean Health Holdings, we are deeply committed to supporting the people and businesses of the Turks and Caicos Islands by expanding access to high-quality and affordable healthcare solutions,” said Sergio Madinabeitia Arango, Executive Director of CHI.

“Our medical network connects members to trusted centers of medical excellence across the Caribbean and Latin America, including leading providers in the Dominican Republic, Colombia, Jamaica, and we keep expanding. This regional approach ensures that world-class care is more accessible, more efficient, and closer to home.”

On the partnership with the TCHTA, Arango shared, “Our partnership with the TCHTA represents an important step in advancing health security for one of the country’s most vital industries. Together, we are helping create stronger healthcare access for employers, employees, and their families, while supporting the long-term wellbeing of the Turks and Caicos community.”

The initiative was spearheaded by the TCHTA Membership Committee, chaired by Snjezana Andrews. Ahead of the signing, the Committee hosted a public virtual presentation, connecting employers and employees to CHI representatives to learn more about the coverage options, ask questions, and better understand the enrollment process.

“This initiative speaks directly to the purpose of the Membership Committee,” said Andrews. “Our role is to listen to our members, understand where the gaps exist, and help identify practical solutions that bring real value. We are proud to offer members an option that responds to a clear need and allows them to better support their teams.”

In 2025, the Membership Committee identified health insurance options as a priority member benefit and key goal for the Association’s current term, noting that smaller tourism providers were often challenged to access traditional group coverage on their own. The Government’s announcement regarding changes to treatment abroad access added urgency to that work and broadened its relevance across the sector.

Andrews says the partnership is not just a win for TCHTA members, but for any organization in the Turks and Caicos Islands that values its employees and wants to strengthen the benefits available to them, adding, “In a competitive labour market, access to meaningful health coverage is key to attracting, supporting, and retaining good talent.”

Honourable Kyle Knowles, Minister of Health and Human Services, attended the signing ceremony and welcomed the opportunity for continued collaboration around healthcare access and coverage options for residents and workers in the Turks and Caicos Islands.

“This new program provides an additional layer of security for employees in the tourism and hospitality sector by expanding access to private health insurance coverage, including the opportunity for eligible migrant workers and their families to access overseas medical treatment when needed. That is a powerful and compassionate development. It recognizes that while our local healthcare system offers quality care and continues to improve, there are times when specialized treatment abroad may be necessary.

This initiative is a significant advancement that complements the healthcare services already available locally, while strengthening the safety net for those who serve in one of our most vital economic sectors. It reflects a practical and forward-looking approach to expanding healthcare access, enhancing employee welfare, and supporting the long-term sustainability of our tourism and hospitality industry.”

As part of its commitment to the Turks and Caicos Islands, Caribbean Health Insurance will establish a local office at The Hub in Grace Bay. Led by veteran local insurance executive Craig Archibald, the office will provide the public with an in-country point of contact for information, assistance and service.

The TCHTA also confirmed that a second coverage option, offering access to care within the United States, is being finalized with local provider, CSC Insurance Brokers Ltd. Further details will be shared once that agreement is complete.

“This is bigger than a single agreement. It’s about making sure our members and their teams have real options when it comes to something as fundamental as healthcare,” said Stacy Cox, TCHTA CEO. “We encourage every local organization, member or not, to reach out and explore what this partnership can offer their teams and families.”

Interested businesses can contact the Turks & Caicos Hotel and Tourism Association at info@turksandcaicoshta.com or 649.332.5787 to learn more about TCHTA membership and the CHI health insurance option.

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