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Anti-fronting legislation and its importance in the Turks and Caicos Islands

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#TurksandCaicos, April 4, 2022 – The question all concerned citizens should be asking our government is, are they willing to work feverishly to push through anti-fronting legislation as hard as they did to push through the Beach and Coastal Vending Ordinance?

This article in part, is a reverberation of a previous one I wrote, addressing this said issue. To my knowledge, as of this date, nothing has been done to tighten the loopholes.

Whilst I’m not totally against the Beach and Coastal Vending Ordinance and its entirety, there are a few line items in the bill that needs to be repealed and amended.

The expediency in which the bill was passed without proper consultation from the general public and relevant stakeholders, it appeared to be for the appeasement of a select few.

Similarly, “fronting” is not in the best interest of our people, which prompted me to bring to light the issue again.

Currently, in TCI fronting is technically not a crime, but in some cases it is certainly a corrupt practice. Over the years, I have discovered that the easiest way for foreign investors to open a business of any kind, is by “fronting”.

For those who are not familiar with the use of this word, fronting usually refers to a term used to describe the practice of interposing a third party in a transaction or a misrepresentation of facts so as to circumvent the illusory of compliance with the laws of a country.

It’s usually a twofold benefit, it gives the locals an opportunity to become a business partner without having to come up with any sizable out of pocket funds or minimal amounts at best, depending on the scale of the business.

On the other hand, it enables the foreign investors to acquire lucrative business opportunities without having to go through the normal red tape, and eventually making it easier for them to acquire legal immigration status in the long term.

In addition, a foreign partnership company would be in a better position to expand rapidly due to greater access to capital, which could put them at an advantage because of the accessibility to unmatched resources they may have.

At the end of the day, it only superficially benefits historically disadvantaged individuals.

Fronting practices are an all-too-common occurrence in TCI, and usually rely on the misrepresentation of facts regarding the extent of a company’s compliance with its economic empowerment obligations.

In some cases, the local is only involved with the Holding company, but has nothing to do with the day to day operational or financial side of the business. This allows a shady investor to manipulate the books to their advantage.

Fronting can take many forms. For example:

  • A company may appoint a local to a prestigious position but prevent them from participating in the management or core activities of the company.
  • In some cases, they are paid considerably less than their counterparts.
  • They may also sign up as fictitious shareholders in essentially Expats owned and managed companies.

Such practices create the impression that the company has complied with the government’s obligations, but in essence it’s not.

This also allows the company to take advantage of incentives such as tax breaks or other fringe benefits that come along with being compliant.

We welcome foreign investors’ partnerships, however, if the business practices do not result in real transformation of the company or the flow of benefits to the locals, the appearance of compliance is illusory.

Fronting therefore undermines the purpose of the investment opportunity policies and prevents benefits from reaching those locals it is meant to reach.

It also perpetuates the systemic exclusion of local owned businesses from economic empowerment.

Imperfect though it may be, it would be beneficial for the FSC to draft legislation to introduce a comprehensive definition of “fronting” into our laws. In addition, they should create a new oversight body to investigate allegations of unscrupulous business deals.

The reality is, we know due to the privacy laws and the fear of reprisals, it’s a slippery slope when it comes to the public’s right to know about what is perceived to be shady deals and our duty to report it.

Nevertheless, if it was required by the FSC for these foreign companies with local joint venture partnerships to divulge financial records showing the bank transactions of the 51/49 split or who have the controlling shares, it would be a game changer.

As a people, we must also be brave enough to speak up when we see corruption or things that undermine

the basic principles of our core values.

Until legislation is enacted to address the social and economic imbalances in this country, this sort of shady practices will continue to prevail, leaving underrepresented local business partners with the short end of the stick.

 

Ed Forbes,

Concerned citizen of Grand Turk

Caribbean News

Invest Turks and Caicos’ Business Support Unit partners with the Department of Trade to deliver Export Opportunities for MSMEs Training

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Providenciales, Turks and Caicos Islands, May 19th, 2023 – On Thursday, May 11th, 2023, Invest Turks and Caicos’ Business Support Unit (BSU); partnered with the Department of Trade, Industry, and Fair Competition to host the Export Opportunities for MSMEs Training. In attendance were nineteen business owners; who participated in the free, interactive training held at Blue Haven Resort from 9:30 am to 12:30 pm.

The training was facilitated by Ms. Lisandra Colley, Director of Trade, Industry, and Fair Competition. During the training, the participants learned the following:

  • Essentials of accessing the international market
  • Basics of exporting and the benefits of exporting for MSMEs
  • Export opportunities to access the Canadian and UK markets
  • Requirements and procedures for the exportation of goods to Canada and the UK
  • Understand how to use Canadian and UK government interactive tools to export

Commenting on the Training, Director of Trade, Lisandra Colley expressed, “Bolstered by its trade-related technical assistance pillar, the Department of Trade, Industry, and Fair Competition (DTIFC) aims to provide capacity building training and seminars to equip businesses across the TCI to fully participate in the domestic and international trading systems. The partnership between the DTIFC and Invest TCI to host the Seminar ‘Export Opportunities for MSMEs’ epitomizes our shared commitment to empower micro, small and medium-sized enterprises.

Through this collaborative effort, we provided participants with the essential knowledge and tools needed to access international markets and leverage preferential trading arrangements. By understanding the benefits of exporting, identifying potential markets, and grasping the requirements and procedures for successful export, participants are better equipped to seize opportunities in the Canadian and UK markets and worldwide.”

Anissa Adderley, Director of the Business Support Unit, also provided her feedback on the training “To strengthen the awareness of trade opportunities for MSMEs, the BSU will continue its partnership with the Department of Trade. We invite all entrepreneurs and small business owners to participate in our next collaborative training, to be held Thursday, September 12th, 2023, titled Incorporating Product Standards for Sustainable Trade.

Additionally, we welcome all businesses to take advantage of the free services offered by the Business Support Unit, namely Business Planning, Training, Counselling, Administrative Services, and MSME Programme Recipient Support. We provide the support you need to ensure your business is resilient and sustainable. Let us help you take your business to the next level.”

For more information on Invest TCI events, visit www.investturksandcaicos.tc or follow us on social media at @investtci.

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 A NEW CHAPTER BEGINS: SANDALS® DUNN’S RIVER JAMAICA’S NEWEST RESORT OPENS IN OCHO RIOS

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~Celebrating its Storied Past with Design Inspired by Dunn’s River Falls, A Bevy of New Culinary Concepts and the Introduction of Jamaica’s first SkyPool Suites~

 

OCHO RIOS, JAMAICA, May 24, 2023 – Following a momentous grand opening celebration on May 19th, the all-new Sandals Dunn’s River opens today as the 17th resort in the award-winning Sandals Resorts portfolio. Located on a stunning stretch of white sand beach – a site originally handpicked by legendary hotelier and Sandals Resorts International founder the late Gordon ‘Butch’ Stewart when the first Sandals Dunn’s River debuted over 30 years ago, today’s Sandals Dunn’s River is a completely new and utterly transformed hotel and experience. Featuring new culinary concepts and elevated suite designs, the 260-room luxury all-inclusive resort offers a deeply personal connection to its alluring setting on Jamaica’s north coast.

“Ocho Rios has been the backdrop of some of my family’s most pivotal moments, including along this very beach where my father grew up and turned a perhaps once unimaginable dream into one of the world’s most well-known hotel brands,” said Adam Stewart, Executive Chairman of Sandals Resorts International (SRI). “Today, we celebrate innovation and a commitment to excellence as we unveil the next generation of Sandals Resorts in our home country of Jamaica. I cannot think of a better way to honor his legacy and acknowledge the incredible future of our brand than to welcome our very first guests to Sandals Dunn’s River. It’s great to have you home.”

Sandals Dunn’s River infuses its Jamaican roots into every sense, designed to embrace the essence of the destination’s rivers, lush forests, and majestic banyan trees. The source of the water that flows through Sandals Dunn’s River is from the natural reserves of the Dunn’s River Falls, from the lobby waterfalls to the cascading pools of the Red Lane® Spa. Guests at Sandals Dunn’s River will also experience the debut of the brand’s first-ever signature fragrance. Designed to evoke the romance of the Caribbean and encapsulate the brilliant flora and fauna surrounding the resort, the scent is an explosion of colors – from white florals and fruits to notes of sandalwood and musk in the background – and greets guests upon arrival to the open-air lobby.

 Naturally Chic Accommodations

Sandals “Firsts” on resort include Tufa Terrace SkyPool Butler Suites, a first in Jamaica with glass panel edge infinity pools spanning the length of balconies flanked by views of the Caribbean Sea. Guests checking in to Coyaba Sky Swim-up Rondoval Butler Suites with Private Pools will find Sandals’ iconic standalone circular villas have been thoughtfully reimagined with vast open-air rooftops from where to bask under the Ocho Rios sun and stars. Luxurious Mammee Bay Beachfront Butler Suites® feature expansive balconies that overlook the sea with privileged sunset views, and Travertine Beachfront Club Level Rooms are named after the well-known Dunn’s River Falls’ giant, natural limestone steps. Beautifully appointed rooms and a luxurious resort requires team members outfitted in similar style and they are, thanks to a special partnership with legendary fashion designer Stan Herman who collaborated with resort staff to develop a collection fit for the Caribbean.

Indulging in a New Era

The connection to Jamaica continues at BLŪM, one of 12 new culinary concepts. An ode to the island’s majestic Blue Mountains, the quaint coffee outpost offers a first-of-its-kind coffee drinking experience with 25-cup cold drip towers, nitro cold brew on tap and Modbar pour-over units reaping the very best out of Jamaica’s coveted bean – all best enjoyed paired with delectable pastries and treats. At Dunn’s Rum Club, guests can travel throughout the Caribbean via the region’s signature libation. Featuring the largest selection of rum on the island of Jamaica and any other Sandals Resort, Dunn’s Rum Club celebrates the quintessential spirit by merging together storytelling with curated, cleverly named rum flights. Evenings were made for lingering at the swank Lapidus Lounge, an homage to Morris Lapidus, the famed architect who designed the site’s first resort – the Arawak Hotel, and whose joyful designs epitomized 1960s Caribbean chic. This is the place to admire the bevy of architectural references and raise a toast to the visionary himself with a Morris Manhattan. Seaside, guests can sink their toes into the sand while enjoying libations at Laughing Waters Beach Bar, named after the nearby fresh water falls that bubble up and gently spill to the sea. For an authentic taste of Jamaica, the Jerk Shack is as traditional as it is delicious, offering crispy festival – fried sweet corn cakes, alongside spicy “jerked” meats and seafood infused with local allspice and scotch bonnet pepper.

In addition to the local libations and coffee creations, guests can also savor a number of new culinary feats including Hamani, an izakaya-inspired sushi restaurant that brings the elegance of traditional Japan to the Caribbean; Edessa, where the Caribbean and Aegean seas meet; an Asian-fusion menu at Banyu, which offers a blend of cultures all in a single dining experience; Central and South American flavors at Zuka; Italian at Cascata; a taste of France at L’Amande; grilled delights and island staples at Galene; or the eatery Saltaire, offering live-action breakfast and lunch selections.

Immersing Guests in the Soul of Ocho Rios

From teeing off with complimentary green fees at the nearby and newly refurbished Sandals Upton Estate Golf & Country Club and diving the depths of the ocean and exploring marine sanctuaries with world-class partners at PADI to rafting the Martha Brae River on a 30-foot, artisan-crafted bamboo raft, Sandals Dunn’s River puts Ocho Rios’ natural treasures at guests’ fingertips with its quintessential Luxury Included® offerings.

“Building extraordinary resorts that make it easy for our guests to authentically experience our home countries and the people that bring these incredible places to life, is the work of Sandals Resorts. The Caribbean is wide and diverse and brimming with flavor, and fun. There is so much to discover here and we want to bring our guests closer to it all,” said Stewart.

Tune in to SRI Executive Chairman Adam Stewart on the Sandals Palmcast as he introduces Sandals Dunn’s River and welcomes the Caribbean’s newest dream destination to the Sandals portfolio here. For more information and to reserve your stay, visit: https://www.sandals.com/dunns-river/.

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TCIG not calling Woman’s injury a ‘Shark Attack’

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By Dana Malcolm 

Staff Writer 

#TurksandCaicos, May 25, 2023 – Where and How?  Those are the questions now arising from Wednesday’s marine incident which left a young woman without her foot. The police and one local business say it was a shark attack, another government agency, the DECR was much more vague.

In a press release around midday Thursday, the Department of Environment and Coastal Resources said, “A 22-year-old female visitor from Connecticut was severely injured while snorkeling… The matter is still under investigation by the Royal Turks and Caicos Islands Police Force.”

Missing from that press release any mention of or warning to be careful of sharks.

Big Blue Collective on the other hand in a statement to Magnetic Media that same day said this:

“Only two individuals were in the water, which was clear and calm, when a presumed Caribbean Reef Shark left one snorkeler with an injury due to what is known in diving circles as a case of mistaken identity,” they continued, “The calm, quick and measured response from one of our captains and office team meant that the victim was extracted from the ocean and dispatched in the ambulance in 15 minutes, saving them from a potentially life-threatening situation.”

The communications team at Big Blue Collective stressed to us that this was not to be used to characterize the TCIs waters. Both DECR and Big Blue reminded the public that these incidents are very rare.

The DECR said the incident happened in an area known as the Bone Yard Dive Site, part of the Princess National Park; a protected marine environment.

Photos of the victim’s injury show that her foot, severed completely at the ankle, was thankfully recovered whole.

The Police report had inaccuracies and was retracted last night. However, not before news media locally and abroad reported the facts as laid out by them.

The TCI Hospitals’ statement said, “The patient received immediate medical attention by our Emergency Response trauma team. The patient’s injury is considered serious and, after a period of stabilization, was transferred to a tertiary care facility for further management on that evening, Wednesday, May 24th 2023…”

Sources told our news team the nature of the injury requires a multi-agency investigation to sort out what exactly occurred in the water.

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