TCI News
Beaches Resort makes bombshell reveal; lawsuit against TCI Gov’t still in court
#Providenciales, Turks and Caicos – September 13, 2020 — Beaches Turks and Caicos, on Friday September 11, made a bombshell reveal; that its lawsuit against the Turks and Caicos Islands Government – filed in January 2019 – remains unresolved.
“The Government of the Turks and Caicos Islands, as well as the other defendants, were legally due to file their defence in June 2019 – well over a year ago. They did not. We have patiently waited upon the Government to file its defence but to no avail.”
A Magnetic Media article, published on March 14, 2019 reported this:
An unprecedented interest rate of 213 percent, an audit which exonerated the family all-inclusive resort of fiscal misbehavior, a surprise bill of reported back taxes, breach of government’s own agreement and deviation from its own written assurances plus over-payment of taxes by Beaches are among the reasons, Sandals Resorts International says it is forced to move forward with the lawsuit against TCIG.
“It is indeed most unfortunate that we had to litigate against our host country, but given the injustice we had no alternative. Based on the number of communications that our organization has been receiving, it is clear that the investment and banking community together with the travel trade including the airlines are all paying close attention to see whether the Government will honor its commitments.”
Beaches T&C has not changed its stance and in the Friday media statement claims the resort was compelled to file to take the matter to court and could not withdraw the lawsuit due to a string of alleged injustices perpetrated against them.
The pending litigation had also threatened Beaches operations in Providenciales; still government is accused of inaction.
“Our numerous meetings, conference calls and letters have led to no positive action on the part of TCIG. We remain anxious to resolve the matter in a lawful and principled manner but we cannot do so in an environment where our correspondence go unanswered, our law suit un-defended and our good faith overtures to engage in steps toward resolution are not reciprocated and have led nowhere despite assurances,” informed the statement issued by Beaches Resort Turks and Caicos.
The charge against TCIG is becoming a common refrain. Magnetic Media continues to be on the receiving end of complaints about the lack of response from Government Ministers and Officials.
The reoccurring reports by members of the public fuelled an article on September 6, 2020 by Deandrea Hamilton, Magnetic Media owner, headlined: PDM Administration, the “NO REPLY” Government of the Turks and Caicos Islands.
Beaches Resort adds to the growing list of frustrated stakeholders and candidly expressed its disappointment about the lack of progress in the legal matter.
“No investor, and in particular Beaches, wants to be involved in court proceedings with a host Country. However, given the gravity of certain fundamental breaches of our Development Agreement(s), such as provisions relating to the payment of the Customs Processing Fee, Beaches had no choice but to protect our legal and constitutional rights by filing a lawsuit against the Government of the Turks and Caicos Islands, which is available to the public. This occurred in May 2019.”
The family all-inclusive, resort village has been operating in Turks and Caicos since 1995. While negotiations in 2019 did result in a Revenue Control Department amnesty that exempted Beaches and others from past due payments and penalties, Beaches Resort informed our news organisation that the gesture fell short.
“Since 1995 when we commenced operation in the TCI we have consistently and faithfully paid taxes in accordance with our Development Agreement(s) and the laws of the TCI. In 2017 TCIG unilaterally breached our Development Agreement(s) and other written governmental commitments which over the years formed the basis of our substantial investment in the TCI.
We have over-performed on all our obligations to TCIG and the Government have virtually “torn up” legally binding commitments given in writing as a basis for our investment. As a foreign investor, international law assures us of fair and equitable treatment by our host country, and one should expect no less from TCIG.”
Magnetic Media has reached out to the Minister of Finance, who is Premier Sharlene Robinson about the statement from Beaches.
Beaches Resort, in the media release, said they have no further comment.
The general public worries that this looming lawsuit could impact a planned reopening of Beaches Resort Turks and Caicos on October 14.
Her Excellency the Governor is pleased to announce that following an expressions of interest process, and in accordance with Section 5 of the Financial Services Commission Ordinance 2007, Mr Dimaggio Rigby, Mr Geoff Scott and Mr Dennis Swann, have been appointed to serve as Commissioners on the Financial Services Commission Board of directors.
Mr Rigby brings specialist experience in cyber, media, and technology risks. He is currently employed in the City of London as a Cyber Insurance Market Consultant.
Mr Scott is a financial services professional with over 30 years’ successful track record in banking. He currently leads the Bermuda Bankers Association and was, until August 2022, the Chief Executive Officer of the Insurance Cooperation of Barbados Limited (ICBL).
Mr Swann is a Fellow of the Institute of Canadian Bankers. He has expertise in Human Resources and worked for the Bank of Nova Scotia for 12 years. He has previously worked within the TCI FSC.
Commenting on the appointments, the Governor said:
“Following consultation with the Hon. Premier (in his capacity as th
e Minister of Finance) and the Hon. Leader of the Opposition, I have appointed Mr Dennis Swann, Mr Dimaggio Rigby and Mr Geoff Scott respectively, to serve as Commissioners (non-executive directors) on the Board of the Turks and Caicos Islands Financial Services Commission (FSC). I am confident that the combined experience of these three new Commissioners will help ensure the FSC delivers our vision for a technologically advanced financial services sector that is competitive and supports growth, is well regulated while agile and internationally respected.
I would like to thank Mr Keno Forbes for his previous service as a Commissioner.”
The appointments are for a three-year period, beginning in April 2024. Further details on the work of the Financial Services Commission can be found at TCIFSC.
Wednesday, April 17th 2024 – On Monday the 15th April at 11 am, the Turks and Caicos AIDS Awareness Foundation (TCAAF) unveiled their new brand to their supporters, members, the media, government departments and partnering NGO’s. The TCAAF, which is now the Turks and Caicos Health and Wellness Foundation (TCHWF) welcomed everyone to their new office which is oblique to the Edward Gartland Youth Centre, Downtown, Providenciales.
The TCHWF was founded in 2003 and is a registered non-profit organization in the TCI and a registered 501 (c) non-profit in the United States as well. TCHWF will focus on addressing broader health and social issues driven by the intersectionality of health and social factors, and disparities in services in the TCI.
At the ceremony, Dr. Dawn O’Sullivan, who provides medical care to persons living with HIV (PLHIV) through the Foundation and will continue to be the doctor on staff for TCHWF, gave the audience an insight on how the Foundation began. Dr. O’ Sullivan praised the board members, staff and volunteers for the success of the Foundation, which includes building the Edward Gartland Youth Centre. She explained that the rebranding was necessary since HIV is a chronic disease where you can take medication and live a long and healthy life, but support is needed for all persons living with chronic diseases and for the population that feels excluded or stigmatized.
TCHWF will provide holistic care to these populations. The new TCHWF office is comprised of a doctor’s office where patients can have consultations and be treated, and other comfortable spaces where persons can relax and unwind.
Nurse Nora Tyndall briefed the attendees on the services that the Foundation currently offers, such as the donation of a CD4 machine to the government so that patients can know their CD4 count before seeing the doctor. Other services being offered are free medical consultations, improved access to treatment and care, convenient access to medications, food cards, grocery distribution and the provision of formulas to infected mothers who give birth and cannot breastfeed. Nurse Tyndall highlighted that there is an increase in the number of pregnant women living with HIV in the TCI.
The new mandate of TCHWF is “Linking Lives, Transforming Communities”, the Foundation’s mission is to expand its services to connect HIV and non-HIV persons to entities and experts that can address varying needs.
The Executive Director of TCHWF, Anansa Jervis, highlighted the Foundation’s “aim to promote access to quality health services, information and education in the Turks and Caicos Islands.” Mrs. Jervis further explained that this would mean the need to “integrate HIV services and non-HIV services by increasing access to holistic and comprehensive health services needed for PLHIV and persons not living with HIV.” In this regard, the TCHWF intends to provide linkage to:
▪ The cultivation of youth empowerment and the development of life skills
▪ Health, hygiene, education and wellness strategies tailored to the needs of young women
▪ Care and support services for survivors of domestic violence
▪ Mental health, psychosocial services and recovery support services for persons with substance use disorders.
▪ Equitable access to HIV care and support services, addressing disparities.
To achieve these linkages, the Foundation has held discussions with various NGO’s and government organizations to provide the necessary services and support to persons with varying needs.
One of the Board Members of the Foundation, Giovanni Delancy, gave the closing address by expressing thanks to God, the members, staff, media and volunteers for attending the unveiling ceremony. He closed with “we will continue to bring awareness and education to those not only with HIV/AIDS but other STD’s and other diseases. Let us continue to make a difference wherever we go.”
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