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The Public Sector Employees Pension Fund Bill 2022

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#TurksandCaicos, March 18, 2022 – Mr. Speaker, I am pleased to present the Public Sector Employees Pension Fund Bill 2022, on behalf of the Public Service and the wider public sector of the Turks and Caicos Islands.  The presentation and anticipated approval of this Bill will mark an important date in the history of the public service of the Turks and Caicos Islands.

Mr. Speaker, it goes without saying that the Public Sector plays an integral role in supporting the government of the day in carrying out its mandate in all facets of society, including education, healthcare, security and safety in these islands.

Mr. Speaker, I am sure that I speak on behalf of all members of this Honourable House in expressing our sincere gratitude to public sector workers across the Turks and Caicos Islands for the important roles that they play and believe that it is the right of every public sector worker to not only be provided with the tools that allow them to appropriately carry out the roles that are recruited to do, but that they also receive fair compensation and benefits for doing so.

The public service underwent a number of changes in previous years including a significant reduction in manpower as well as revisions to civil servants’ pay and benefits in 2012 due to fiscal hardship experienced at that time.

Since 2012, the civil service benefited from the implementation of a new pay and grading system, an across the board salary increase as well as a number of other investments, however the implementation of this new pension and gratuity program will mark a milestone achievement.

The Public Sector Employee Pension Fund Bill 2022 is being proposed to create a Defined Contribution Pension Plan for Public Sector workers.

Prior to April 6, 1992 the Turks and Caicos Islands Government provided a fully funded Public Service Pension to all employees.

This practice ceased on April 6, 1992 when the National Insurance Scheme was established.  However, post 1992 employees were still paid a gratuity for their years of service.

This practice however, ceased during the interim period in 2012 due to the government’s fiscal instability at that time.

This resulted in post 1992 employees during the period April 2012 to present, with the exception of vacation pay which is nonexistent for unwell persons that would have utilized all of their leave, not receiving any form of terminal benefit for their years of service to the government and people of these islands.

This has caused numerous concerns as there is a disparity in the benefits received by different persons in the civil service; a number of which have expressed difficulty in being able to transition into retirement at the age of 60 as there is no payment to assist as was previously the case.

Additionally, if a person passes away while in service there is no benefit to be received by their families, some of which are young children that still require significant care and financial resources.

Whilst persons post 1992 are entitled to a NIB Pension, this alone is considered to be inadequate as the maximum payment is 60% of final average insurable earnings, with those who earn more than the ceiling,  now $4,000 per month having an even lower replacement rate.

As the current situation caused hardship on a number of public servants and has had the impact of demoralizing public servants, a Benefits Committee was established under the Chairmanship of the Deputy Governor in 2018 to review the feasibility of the reestablishment of a Turks and Caicos Islands Government Pension and or Gratuity Program for its employees.

The Office of the Deputy Governor in the financial year 2018/2019 received funding for a consultancy to assist in carrying out a Review Towards the Reestablishment of a TCIG Pension and Gratuity Program resulting in the award of a contract to Morneau Shepell now Lifeworks.

In March 2020 a report was presented to the Cabinet which gave options for consideration, with the Defined Contribution Program being the preferred option and a request for funding for implementation.  The report and recommendations was noted by the then Cabinet.

In May 2021 the report was presented to the Cabinet again with a request for implementation, subsequently resulting the approval of $2m for seed funding for implementation.

The Pension and Benefits Committee consisting of membership from the Ministry of Finance, Chambers, HR, the Treasury, and Senior Permanent Secretaries held over 20 meetings throughout the intervening period to consider options, to make policy recommendations and to carry out consultation with the CSA, Statutory Bodies, general public service and private sector regarding implementation.

The result of which is the presentation of a Bill today which not only encompasses the public service and interested statutory bodies, but also makes provisions for participation by the wider private sector in these islands thereby creating at some later stage a TCI Multi Employer Pension Program.

This Bill seeks to establish a defined contribution pension fund for public sector employees. The purpose of the Fund is ensure that eligible public sector employees are provided with some form of benefits when they leave the public sector due to termination, resignation, retrenchment, retirement or become disabled or that the benefits is paid to their beneficiary if the officer dies.  Most public sector employees do not currently have an employer linked pension arrangement. This plan is being established primarily to supplement employees NIB Retirement benefit, enabling them to have additional income in old age. It is also intended to provide an option for public sector employees to save more than the minimum required and have those savings professionally invested at a reduced cost. The Fund will work like a savings account. Every month members and their employers will pay mandatory contributions into the into Fund at the rate of 3% employee and 3% employer. In addition to the mandatory contribution, members will also be able to make voluntary contributions to the Fund. The maximum voluntary contributions deductible from salary is 10%.  The Board or invest managers will then invest this money so that it grows. The money made from investing the contributions is added directly to members’ accounts in the form of interest.

 

Mr. Speaker, the Bill is made up of six Parts.

PART I of the Bill contains the preliminary provisions. Clauses 1 and 2 of the Bill make provision for the short title, commencement and interpretation.

PART II of the Bill establishes the Public Sector Employees Pension Fund. It sets out the purposes of the Fund. It makes provision for membership of the Fund and management and administration of the Fund. It provides that in the Fund shall be held by the Public Sector Employees Board in trust for the members of the Fund. It also provides for payment of contributions into the Fund. The contribution payable to the Fund shall be 3% of the employee’s monthly salary and 3% will be contributed by the employer. Members can also pay voluntary contributions into the Fund of up to 10% of their monthly salary.

PART III of the Bill provides for the payment of benefits. The following benefits are payable, namely: normal, early and late retirement benefits, disability retirement benefit and benefits to a member’s beneficiary on the death of a member etc.

PART IV of the Bill establishes the Public Sector Employees Pension Board, which is the body charged with the responsibility of administering and enforcing the provisions of the Ordinance and management of the Fund. The Board is vested with several responsibilities including that to administer the Fund. The conduct of business and affairs of the Board shall be as provided in this Part.  Clause 37 to 53 contain provision outlining the composition of the Board; the functions of the Board, meeting and the procedures for meeting, as well as how decisions are to be made by the Board.

PART V of the Bill sets out the financial provisions applicable to the Fund. These include accounting and audit procedure. It sets the requirements for financial statements, annual reports and actuarial review of the Fund. The Board is required to carry out periodic reviews of its operations and to submit a report of such to the Governor and the Minister. The Minister shall cause a copy to be laid before the House of Assembly

PART VI of the Bill contains Miscellaneous provisions and deals with a number of general provisions. Clause 60 to 70 makes provision for how claims are to be made, determination of claims and questions, correction of mistakes, confidentiality, etc.

Some of the benefits of this new program is that:

  • Savings accumulate over persons’ career
  • Both the employer and the employees contribute; although TCIG has taken a decision to cover the full costs on behalf of its employees
  • Benefits for early exit, death and disability are easily offered
  • Voluntary additional employee contributions are possible
  • There are Portable benefits

Under the new scheme 6% of employees basic salary will be paid into the pension scheme for their benefit.

Government has also taken a decision to compensate all current employees for their previous years of service by approving a 3% past service credit for all years previously served.

This is just a few of the benefits under this new program, which will make a monumental change for the benefit of the public service in these islands.

This legislation marks the beginning of a new and very important chapter for the public service of the Turks and Caicos Islands.

It has taken a lot of hard work and a commitment to significant financial resources to allow us to be where we are today, but we are proud of this initiative and truly believe that it will be to the benefit of the public service of the Turks and Caicos Islands.

We are grateful to the government of the Turks and Caicos Islands for supporting the implementation of this new program through:  the funding of the initial consultancy; funding of $2m for the initial deposit into the new Pension Fund; the commitment to cover both the employee and employer contribution to commence this program and the commitment to fund the past service credit of approximately $23m to compensate all current staff for their previous years of service.

We wish to record our thanks to the members of the Benefits Committee chaired by Her Excellency Anya Williams for their hard work, dedication and commitment to the establishment of this program, in particular the Attorney Generals Chambers led by the Attorney General Honourable Rhondalee Braithwaite Knowles, Senior Legislative Drafter Ms. Desiree Downes; Permanent Secretary of National Secretary and former Director of the Deputy Governor’s Office Mr. Tito Lightbourne; Permanent Secretary of Finance Mrs. Athenee Harvey-Basden; Permanent Secretary of Education Mr. Wesley Clerveaux; HR Director Mr. Mark Greenway; Accountant General Mr. Hemant Sinanan and Managing Partner of Life Works Mr. Derek Osborne, all members of the TCIG Benefits Committee.

We also express our thanks to the President and members of the Civil Service Association in particular Mr. Demarco Williams for his support throughout and to the entire public service for their patience and understanding while we worked tirelessly to bring this program to fruition.

Today is a good day for the public service of these islands!

 

RESPONSE TO THE DEBATE

Mr. Speaker, some portions of today’s debate brought to mind that old saying, “Don’t let perfect be an enemy of the good”.

Mr. Speaker, I almost got up on a point of order to say complain that I was being accused of improper motives.  Not at all Mr. Speaker, nothing of the sort.  Mr. Speaker, this Bill does not seek to exclude any public office holder, elected or otherwise.

In fact, Mr. Speaker, the Bill defines the Minister as the Minister of Finance in section 2.

Clause 57. (1) of the Bill the Board is required to —

(a) prepare a report with regard to the state of affairs, the business and the financial position of the Fund, the degree in which the purpose of the fund has been furthered and of its activities during the last preceding year and shall furnish that report to the Governor and the Minister not later than the 30 September.

(b) submit to the Governor, the Minister and the Chief Auditor every account certified by the Auditor together with the report of the Auditor thereon, within one month of such certification;

(c) submit annually to the Governor and the Minister an account of the securities in which monies of the Fund are for the time being invested.

Mr. Speaker, as I indicated in my address, it is the Minister shall cause a copy of every account or report submitted to him under this section to be laid before the House of Assembly.

Additionally, in respect of the actuarial review of operation of Fund, clause 58. (1) of the Bill further requires the Board, with the assistance of an actuary, to review the operation of this Ordinance during the period ending with 31 March in every third year; and at each such review shall make a report to the Governor and Minister on the financial condition of the Fund and the adequacy or otherwise of contributions to support benefits, having regard to its liabilities under the Ordinance.

The Minister must then, as soon as possible after receiving a report in accordance with subsection (1), lay a copy of it before the House of Assembly.

The fundamental principle that underpins the drafting of this Bill Mr. Speaker, is found in the Constitution.  A provision that has been in our Constitution since the very first Constitution and not connected to any allegation or aspirations against anyone.

Mr. Speaker, that grant and withholding of pensions, etc. is captured in section 96 of the Constitution which provides that:

(1) The power to grant any award under any pensions law in force in the Islands (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that respect contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor, acting in his or her discretion.

(2) In that section “pensions law” means any law relating to the grant to any person, or to the widow or widower, children, dependants or personal representatives of that person, of an award in respect of the services of that person in a public office, and includes any instrument made under any such law.

That it Mr. Speaker, nothing more. Nothing sinister.

Mr. Speaker, the Hon. Leader of the Opposition has only recently reminded us, this aphorism: “don’t let perfect be an enemy of the good” which is an old Italian proverb first made popular by Voltaire who used it in his poem La Bégueule. The literal translation is, the best is not the enemy of the good.

Other philosophers and writers have expressed the thought in slightly different ways. Confucius: “Better a diamond with a flaw than a pebble without.”  Shakespeare: “Striving to better, oft we mar what’s well.”

Mr. Speaker, we know that perfection is impossible to achieve, so pursuing it is sometimes counterproductive, inefficient and produce diminishing returns. We need to know when good is good enough.

Obviously, there are situations when setting the highest standard is important. I want my pharmacist to be fastidious when filling my prescriptions and pilots should be perfectionistic when evaluating a plane’s airworthiness.

But Mr. Speaker, don’t let perfect become an enemy of good and Mr. Speaker, the majority of members’ contributions have shown, this is very good bill and something that we can and should all be proud of.

Mr. Speaker, there are 2,437 established and waged positions budgeted in the public service, including the RTCIPF.  This Bill would ensure that those persons have a pension and gratuity when they leave public service, not to mention the many other persons employed across the public sector.

Mr. Speaker, save for about 100 of those persons who are eligible for pension under the Pensions Ordinance and the minority who are entitled to gratuity, every other person would leave the public service without anything at all, no matter how long or how well they have served.  Mr. Speaker, under these proposals, it doesn’t matter if a qualifying person resigns, is terminated, retires, is made redundant, or however he or she leaves the public service with something. And if, God forbid, he or she dies, his or her beneficiary is able to receive a benefit.  Mr. Speaker, this is a very good Bill.

Mr. Speaker, although I am proud to be a member of this Honourable House, I am not a politician and I do not subscribe to the politicization of these proposals because I made clear in my address to the Bill that the former and the current administrations had a role to play in bringing this Bill to the House today.   Mr. Speaker this Bill arrived here today following a collaborative, consultative process, having had the benefit of professional advice and careful consideration.   Further careful consideration will have to be given to what to do for those persons who left the service without anything at all, but Mr. Speaker, the government should rightly be proud of this initiative Mr. Speaker because this is a watershed moment in the sense that it marks an important historical change of course and an important development toward retirement security for current and future public sector workers.

Pension (Amendment) Bill 2022

Mr. Speaker, on behalf of the Public Service, I am pleased to present the Pension (Amendment) Bill 2022.

This Bill seeks to amend the Pensions Ordinance to provide the circumstances in which pension may be granted under the Ordinance to a public officer employed in the public service prior to 6th April 1992 and to restore the option for a public officer to whom a pension is granted under the Ordinance to elect to be paid a gratuity and reduced pension.

Mr. Speaker, prior to April 6, 1992 the Turks and Caicos Government provided a fully funded pension to all public officers appointed to permanent and pensionable posts.  That program remains in place for all persons appointed prior to 6th April 1992 permanent and pensionable public officers save that an amendment was made in 2012 which removed the right to elect to receive a gratuity payment and a reduced pension.

The above amendments ensure that all 100 persons currently enrolled in the previous pre 1992 program are secured their right to apply for a pension and have the opportunity to benefit from a gratuity payment.

Clauses 3 of the Bill seek to amend the section 6(a) of Ordinance by repealing and substituting subparagraph (i) to provide that pension or gratuity may be granted to an officer who retires from the public service on or after he attains the age of sixty years or after completing thirty years of service, or in special cases with the approval of the Governor, fifty-five years.

An officer who retires on completing 30 years of service and to whom a pension is granted may in lieu of such pension be paid, immediately upon his retirement, a gratuity calculated in accordance with regulation 23 and reduced pension calculated in accordance with regulation 23 after he attains the age of sixty years.

Clause 4 of the Bill seeks to amend the Ordinance by repealing and substituting section 8 to provide for compulsory retirement at any time after attaining the age of sixty years or after completing thirty years of service, or in special cases, with the approval of the Governor, at any time after attaining the age of fifty-five years.

Clause 5 of the Bill seeks to repeal section 13 which provides that pension granted under the Ordinance may cease on imprisonment of the person to whom a pension has been granted.

Clause 6 of the Bill seeks to amend the Pensions Regulations contained in the Schedule to the Ordinance by repealing and substituting regulation 23 to restore the option for a public officer to whom a pension is granted under the Ordinance to elect to be paid a gratuity and reduced pension.

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Federal Investigation into Florida Turnpike Tragedy that Killed Three Children of Bahamian Mother

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NTSB examining roadside assistance driver’s actions, SUV speed and seat belt use after six people perish in fiery collision

ORLANDO, FLORIDA — October 29, 2026 — Federal investigators have joined the investigation into a horrific Florida Turnpike collision that claimed six lives, including all three children of a Bahamian mother, as questions intensify over what caused the deadly crash.

The United States National Transportation Safety Board (NTSB) has confirmed that it is opening an investigation into the October 23 accident, which occurred around 9:31 p.m. near mile marker 252 in Orange County.

The agency’s involvement brings federal scrutiny to a tragedy that has devastated several families and prompted an extraordinary outpouring of sympathy and disbelief.

Among those killed were siblings Charles Milton, Jakara Milton and Dalvena Green, the three adult children of Marshall Clarke-Milton and her husband, Charles Milton Sr.

The siblings were traveling with three others to Universal Orlando’s Halloween Horror Nights, reportedly on their first trip together.

They never arrived.

FEDERAL INVESTIGATORS EXAMINE WHAT WENT WRONG

The NTSB confirmed to FOX 35 Orlando that its investigation will examine the training and performance of the roadside assistance driver, the actions of the SUV driver, including speed, and whether the occupants were wearing seat belts.

The agency investigates serious transportation accidents to identify safety failures and recommend measures that could prevent similar tragedies.

Its involvement does not establish wrongdoing by either driver.

The Florida Highway Patrol is conducting a separate investigation into the collision.

According to the preliminary police account, a Road Ranger roadside assistance truck had been parked in the highway median before its driver received instructions to assist a disabled box truck on the opposite shoulder.

As the Road Ranger moved across the northbound lanes, it collided with a 2023 Chevrolet Traverse carrying six adults.

Both vehicles left the roadway and caught fire.

All six occupants of the SUV died at the scene. The Road Ranger driver survived with minor injuries.

MOTHER CHALLENGES EARLY ACCOUNT

Witnesses reportedly told investigators that the SUV was traveling at high speed without its headlights illuminated.

However, those observations have not been established as the definitive cause of the collision.

Clarke-Milton has challenged suggestions that her children or their companions were responsible, urging investigators to examine the evidence before reaching conclusions.

She wants investigators to establish the SUV’s actual speed and determine whether its headlights were operating.

The family’s concerns underscore the importance of the continuing investigations, particularly given the movement of the roadside assistance vehicle across active highway lanes.

ALL THREE CHILDREN LOST

For Clarke-Milton, the investigation unfolds against an almost incomprehensible personal tragedy.

She lost all three of her children simultaneously.

In an emotional interview with FOX 35 Orlando, the grieving mother described the terrible feeling that overcame her when she could not reach them.

“My heart sank,” she said, recalling the moment she feared her children were involved.

The siblings were among six people whose lives ended during what should have been an enjoyable evening together.

The other victims included Timothy Williams and Shawn Palmer. A sixth person’s identity had not been publicly confirmed in the latest reports reviewed.

The family’s heartbreak has resonated across The Bahamas and beyond, with expressions of sympathy accompanying calls for answers.

SEARCH FOR ANSWERS CONTINUES

The Florida Highway Patrol has indicated that a crash report is expected within approximately ten days of the accident.

The NTSB’s investigation will examine broader transportation safety concerns, including the operation of roadside assistance vehicles and the circumstances surrounding the collision.

For the grieving families, the findings cannot reverse the tragedy.

But they may establish what happened on that stretch of Florida’s Turnpike and whether anything could have prevented six people from losing their lives.

For one Bahamian mother, the loss is especially devastating.

Three children left for an evening of entertainment. Not one came home.

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Joyful Collaboration between 2 Regional Foundations Uplifts Tourism Professionals in Turks & Caicos

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CHTA Education Foundation & Sandals Foundation Training Celebration with TCHTA in Providenciales 20 October 2026. Front Row, L to R: Suzanne & Louise CHTAEF Trainers, Wesley Clerveau, PS Ministry of Tourism, Deryck Meany for Sandals Foundation, TCHTA team: Stacy-Ann Wharton, VP – Nicholette Thomas Operations Manager - Omega Simmons Board Member

Turks and Caicos – Caribbean Supercharged Service, Learning & Leadership workshops were enjoyed by professionals from Grace Bay Car Rentals, a local sponsor, alongside a Heavy Machinery Rental Company, a Paint retailer, 8 resorts, a luxury villa management enterprise and 3 TCHTA sponsored junior chefs, including Team TCI Junior Chef 2026, Zaliya Dickenson, who will complete at the Taste of the Caribbean in November for her country.

These workshops were the result of the longstanding partnership between the CHTA Education Foundation and their sponsor, Sandals Foundation, who support the Caribbean Supercharged programme on a different island every year. This year, the Turks & Caicos Hotel & Tourism Association (TCHTA) hosted the initiative to the delight of its members.

The workshops targeted new team members, seasoned professionals, managers and supervisors. Topics included Foundations & Finesse within Customer Interactions, Delivering Clear Expectations for Service Consistency and Making Memorable Moments.

Sandals Foundation was pleased to also sponsor chefs, cooks, stewards, warehouse & purchasing staff from 7 resorts and 2 high schools for an intensive HACCP Preparation & Pre-Requisites informational day, including international coursebooks, team training booklets and each person’s international assessment fee. The course is approved by the Royal Society for Public Health UK, earns Continuing Professional Development Credits, and is recognized globally as the leading Food Safety Management System.

Deryk Meany, General Manager, Beaches TCI, represented Heidi Clarke, Executive Director, Sandals Foundation at the 20 October Celebration with energy and passion for professional development and life-long learning in tourism to ever uplift and grow ourselves. He asked participants to ‘never stop learning! Today is a step upwards in your personal growth and that of the industry. We are never too old to learn, to share our experiences within training and grow”

Wesley Clerveau, Permanent Secretary, Ministry of Tourism, gave spirited, positive inspiration and congratulations to the participants “Stayover arrivals in TCI have increased by 6% between January & June this year, we are hot! The place visitors wish to be, and your time, application and learning in each workshop is invaluable to us as a destination and to you as citizens and residents. I urge you to put what you have gained into practice immediately and keep applying yourselves; the more you upgrade, the more service elevates, the more we all succeed”

Karolin Troubetzkoy, Chairwoman, CHTA Education Foundation commented “Congratulations to everyone who participated in this year’s workshops, thank you for being fully engaged and making the most of your opportunity.

Special mention to the 8 past participants that we reunited with and are now working in leadership positions, BRAVO! We are delighted for you and encourage you to stay focused and keep shining and growing upwards.

It has been the Education Foundations honor to work closely with our sponsor Sandals Foundation and partner with TCHTA again to create Caribbean Supercharged positivity within each of you”.

Stacey-Ann Wharton, Vice President TCHTA, congratulated everyone present and stressed the TCHTA ongoing commitment to learning and development of members teams and management, along with special TCHTA scholarships for the HACCP session for 3 Junior Chefs, showing the Associations commitment to nurturing talent from High School upwards.

PHOTO CAPTIONS

First Insert: Wesley Clerveau, PS, Ministry of Tourism

Second Insert: Deryck Meany, GM Beaches TCI representing Sandals Foundation

Third Insert: Stacy-Ann Wharton, Vice President, TCHTA

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Multi-Agency Enforcement Exercise Targets Illegal Occupation of Crown Land in Five Cays

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Providenciales, Turks and Caicos Islands: The Crown Land Unit, with coordination and support from the Informal Settlements Unit (ISU), conducted a multi-agency enforcement exercise in the Five Cays area on Thursday, September 17, 2026, as part of ongoing efforts to address the illegal occupation and unauthorised use of Crown land.

The exercise brought together representatives from the Crown Land Unit, ISU and the Turks and Caicos Islands Border Force. Security for the exercise was provided by the Royal Turks and Caicos Islands Police Force. Inspections were conducted across several parcels of Crown land throughout Five Cays, where instances of illegal occupation and unauthorised use had been identified.

During the exercise, a total of forty (40) Section 22 Notices of Unauthorised Occupation were served in accordance with the provisions of the Crown Land Ordinance. The notices related to various forms of unauthorised occupation and use of Crown land, including incomplete structures, shipping containers, derelict vehicles, trailer chassis, building materials and other items.

Where persons were not present, notices were affixed to the relevant structures or items. The exercise forms part of the Crown Land Unit’s continuing efforts to prevent squatting and encroachment on Crown land and to ensure that identified instances of unauthorised occupation are appropriately addressed.

The Government of the Turks and Caicos Islands reminds the public that Crown land must not be occupied, developed or otherwise used without lawful authority.

The Crown Land Unit, supported by the ISU and its other partner agencies, will continue to identify and address instances of illegal occupation of Crown land across the Turks and Caicos Islands. Persons affected by notices issued during enforcement exercises are encouraged to comply with the requirements outlined and to seek guidance from the relevant authorities where necessary.

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