TCI News
Can TCI Gov’t and Beaches Resort resolve tax row in 10-days? Mediator can start work Nov 8
#Providenciales, Turks and Caicos Islands – October 19, 2020 — Negotiations to resolve the multi-million dollar claims of non-payment or over-payment linked to Beaches Turks and Caicos could begin in 20 days, now that a mediator proposed by the Turks and Caicos Islands Government has been accepted by the resort.
“After four years, the Government has finally agreed to a process of mediation to which we are fully committed in an effort to bring this long outstanding matter to a fair conclusion. TCIG proposed a list of mediators and we agreed to one of them. The Mediator is available the week of November 8, 2020 and we have advised the TCIG that we are ready, willing and able to proceed. We trust that the TCIG will enjoin in the mediation process during this period in good faith as committed,” explained Beaches Resort in a statement issued today.
In response to Magnetic Media questions about who is the mediator and what is the proposed timeline for start and conclusion of the negotiations, the Premier said via email that, “The matter with Beaches remains sensitive. Both TCIG and Beaches are moving with urgency and until dates are finalised, TCIG is not in a position to state a timeline outside of as soon as possible.
I will ask Beaches and TCIG’s lawyers as to whether information about the mediation process can be shared at this point.”
Sharlene Robinson, TCI Premier and Minister of Finance, in a letter issued last week to media informed of the offer of a mediator.
“Obvious by its absence in Beaches’ press release is reference to the ongoing urgent discussions and actions between the parties’ respective lawyers to appoint a qualified mediator to facilitate a resolution. TCIG has since May this year agreed to a mediator and it is hoped that such a mediation will take place next month.”
Beaches Resort over the weekend confirmed to Magnetic Media that it was true; they were in receipt of a list of candidates. The fact had not made it to any of their public statements on the litigation.
The Premier rejected the characterisation of ‘incompetence’ by Beaches Resort and in a TCI Sun newspaper article, was resolute that government has not ignored the law suit for years.
“The line being peddled by Beaches that a lawsuit remains unresolved after 4 years is demonstrably untrue. As I have previously made clear, Beaches first issued proceedings in May 2019. We continue to await their amended claim, promised by their attorney in August 2020. They have also brought proceedings seeking to challenge an assessment made in February 2020. It does not follow that, because Beaches repeatedly assert that they don’t owe taxes, that that is legally the case,” she said.
Magnetic Media has learned the individual, a male, is a Queen’s Counsel (QC) attorney with experience in negotiating tax disputes.
The background and adeptness of the QC is critical as there is so much riding on the process, not least of which is the impending re-opening of the resort on November 18.
Beaches’ Board of Directors is adamant that it will not re-open the property which employs 2,000 people and which attracts the lion’s share of long stay visitors to the country, until the matter is addressed.
“We echo the sentiments of TCIG that the Turks and Caicos Islands is also beautiful with remarkable people and we look forward to re-opening our doors in due course once approved by the Board of Directors. The statement also explained, “Beaches TCI wishes to make it clear that it has made no unreasonable demands whatsoever. Beaches is not asking TCIG for any favours or special treatment and any suggestion to the contrary, is simply a PR spin on the facts.”
Beaches Resort Turks and Caicos claims its Development Agreement was breached and they had been overpaying taxes.
“Beaches simply wants the Government to honour the terms of its Development Agreement(s) and other legally binding commitments, nothing more, nothing less. Breaches of these Agreement(s) by TCIG is the reason Beaches was compelled to file its lawsuit in May 2019.”
TCIG claims Beaches Resort is severely in arrears to the tune of a reported $20 million dollars.
Beaches TC, five days before opening its mega resort property on Grace Bay Beach in Providenciales, announced it would postpone reopening amidst the coronavirus pandemic from October 14 to November 18; it was a devastating announcement.
The result is a volley of spicy statements which had not nudged the needle until now.
The mediator has indicated he can begin the negotiation process on November 8. The ball is now in TCIG’s court.
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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