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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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Better Products, Safer Services Targeted Under National Quality Plan

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Government Advances Policy Aimed at Consumer Protection and Higher Business Standards

 

By Deandrea Hamilton

PROVIDENCIALES, Turks and Caicos Islands — Efforts to improve product quality, strengthen consumer protections and raise business standards across the Turks and Caicos Islands are moving into a new phase as government advances implementation of its National Quality Policy.

The Department of Trade, Industry and Fair Competition announced that a team of consultants spent a week in the Turks and Caicos Islands meeting with key public and private sector stakeholders as part of the policy’s implementation process.

Approved by Cabinet in October 2024, the National Quality Policy is designed to establish a national quality infrastructure that supports trade, protects consumers and improves the competitiveness of local businesses.

For consumers, the long-term goal is straightforward: greater confidence that products and services meet accepted standards for quality, safety and reliability.

For businesses, the initiative aims to encourage stronger quality management systems that can improve efficiency, build customer trust and create opportunities for expansion into regional and international markets.

During the May 25 to 29 mission, consultants met with representatives from the National Quality Council, Pelican Energy TCI, the Turks and Caicos Islands Airports Authority, the TCI Government Laboratory, the Turks and Caicos Hotel and Tourism Association and Turks Head Brewery.

According to the Department, the consultations were intended to assess existing quality-related systems, identify gaps and gather recommendations that will help shape the Territory’s national quality infrastructure.

“The policy serves as a strategic framework for establishing a national quality infrastructure in the Turks and Caicos Islands, aimed at improving quality standards, supporting trade, protecting consumers, and enhancing economic competitiveness,” the Department said in a statement.

Officials explained that stakeholder feedback will help determine what systems, standards and programmes are needed to strengthen quality assurance across various sectors of the economy.

The Department said the information gathered will guide the next stage of implementation and help ensure the policy delivers meaningful benefits throughout the Islands.

Among the initiatives expected to emerge from the process are a Quality Certification Programme and a series of educational workshops designed to help businesses understand and adopt quality standards.

A second round of stakeholder consultations is scheduled for June, allowing government and industry representatives to continue discussions and further assess priority areas identified during the initial mission.

Officials say the ultimate objective is to build a culture of quality that benefits consumers, businesses and the wider economy by encouraging higher standards, greater accountability and improved competitiveness.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

 

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240 Migrants Interdicted in TCI Waters; Regiment says Mission Averted Potential Maritime Tragedy

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By Deandrea Hamilton

PROVIDENCIALES, Turks and Caicos Islands — Startling video released by U.S. Customs and Border Protection showing hundreds of suspected Haitian migrants crammed aboard an overloaded vessel has renewed concerns about the worsening migration crisis in the region and the increasing pressure being placed on the Turks and Caicos Islands.

The vessel, carrying 240 irregular migrants, was intercepted in Turks and Caicos waters on the night of May 31, in a joint operation involving the Turks and Caicos Islands Regiment, the Royal Turks and Caicos Islands Police Force, the TCI Border Force, the United States Coast Guard and U.S. Customs and Border Protection Air and Marine Operations.

Earlier reports from U.S. authorities revealed that the vessel was discovered in a dangerously overcrowded condition and was ultimately secured and escorted to shore by local marine officers.

Now, a newly released statement from the Turks and Caicos Islands Regiment sheds additional light on the operation and the risks involved.

According to the Regiment, Patrol Vessel James Fulford interdicted the vessel at approximately 9:33 p.m. within territorial waters before authorities determined the situation was far more serious than a routine migrant interception.

“Upon evaluating the migrant vessel, the Royal Turks and Caicos Islands Police Force immediately upgraded the operation to a critical incident, prioritizing Safety of Life at Sea protocols to avert a maritime disaster,” the statement explained.

The migrants were identified as 191 adult males, 44 adult females, one male minor and four female minors.

All 240 individuals were safely transferred to authorities for processing, health assessments and security screening.

Lieutenant Colonel Ennis Grant, Commanding Officer of the TCI Regiment, praised the coordinated response among local and international agencies.

“This mission underscores the efficacy of our multi-agency partnerships. The rapid transition of this operation from a standard interdiction task to a high-priority Safety of Life at Sea intervention demonstrates the professionalism and readiness of our joint forces. By working in seamless tandem with our U.S. partners, we successfully prevented a potential maritime tragedy.”

The incident highlights the continuing humanitarian and security challenges facing the Turks and Caicos Islands as instability, gang violence and economic hardship continue to drive migration from Haiti.

While much larger nations often dominate regional migration discussions, the latest interdiction demonstrates the outsized role the Turks and Caicos Islands continues to play on the front line of Caribbean migration enforcement.

The Regiment said it remains committed to securing the country’s maritime borders through persistent surveillance and strong inter-agency cooperation.

The interception is among the largest migrant landings recorded in the Turks and Caicos Islands this year and serves as another reminder of the dangerous journeys many Haitians continue to undertake in search of safety and opportunity.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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How Misick Fell Short of The UN’s Worst Corruption Standard

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Judge Cites Kofi Annan, But Finds No Evidence Defendants Caused the Wider Harm Described by the Former UN Chief

 

By Deandrea Hamilton

Turks and Caicos, June 9, 2026 – One week after former Premier Michael Misick, former Cabinet minister McAllister Hanchell and attorney Thomas “Chal” Misick began serving prison sentences in the Turks and Caicos Islands’ landmark corruption case, attention is turning to a significant distinction made by Justice Rajendra Narine during sentencing.

In imposing prison terms on May 29, the judge agreed that corruption is a serious offence capable of causing profound societal harm. Yet he also found that there was no evidence the three convicted men caused the sweeping consequences described in one of the world’s most famous condemnations of corruption.

The quotation came from former United Nations Secretary-General Kofi Annan, who famously wrote:

“Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human security to flourish.”

Annan further observed:

“This evil phenomenon is found in all countries — big and small, rich and poor — but it is in the developing world that its effects are most destructive.”

Justice Narine acknowledged the quotation but drew an important distinction between the broad consequences of corruption described by Annan and the evidence presented during the trial.

“The court agrees that there is no evidence in this case that the offending parties actually caused or contributed to any of the harmful consequences described in the quotation,” Narine said.

The finding did not spare the defendants from prison.

The judge made clear that the offences remained serious enough to warrant immediate custodial sentences.

“This case was about an abuse of public trust for the sake of personal gain,” Narine stated.

“The conduct of the defendants caused a constitutional crisis and reputational harm to the territory.”

He added that the public interest demanded punishment and deterrence.

“The public interest requires that the sentence must reflect society’s abhorrence of the criminal conduct and the sentence should be such that like-minded potential offenders would be deterred from similar conduct.”

Narine also rejected suggestions that the absence of direct victims diminished the seriousness of the offences, noting that corruption often harms institutions and public confidence rather than identifiable individuals.

At the same time, the court accepted several mitigating factors advanced by the defence.

“The court is aware of the age, middle age of the offenders, that the immediate custodial sentences would have a traumatic effect on the families, understanding the emotional distress involved,” Narine said.

He also agreed that rehabilitation was not a major concern.

“The court agrees with the defence counsel that there is a low risk of reoffending and that the objective of rehabilitation is not a significant factor in this case.”

Those considerations, combined with the extraordinary delay in bringing the matter to conclusion and the defendants’ previous good character, contributed to substantial reductions from the starting points the judge initially considered.

Michael Misick ultimately received an effective sentence of four years and 26 days on three bribery convictions. Hanchell was sentenced to three years on two bribery counts, while Chal Misick received four years on four money laundering convictions.

The legal saga, however, is far from over.

All three men remain in custody while awaiting a June 17 hearing on applications for bail pending appeal. In addition, confiscation proceedings — which could determine what assets or funds may be recoverable by the Crown — are still to come.

For now, the court’s message appears clear: while the conduct warranted prison and public condemnation, Justice Narine was not prepared to conclude that the defendants’ actions produced the full range of societal devastation described in Annan’s warning about corruption.

Angle by Deandrea Hamilton. Built with ChatGPT (AI). Magnetic Media — CAPTURING LIFE.

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