Guyana Chronicle news item. 16 October 2009.
Luncheon makes policy statement on cement
By Priya Nauth
THE Guyana Government wants to ensure that there is a adequate, reliable and a competitively priced supply of cement for Guyanese, Head of the Presidential Secretariat (HPS), Dr. Roger Luncheon said yesterday.
He made the policy statement in response to questions about the Government’s position in the Trinidad Cement Limited (TCL) controversy at his weekly post-Cabinet media briefing at Office of the President, Shiv Chanderpaul Drive, Georgetown.
Noting that the matter is, indeed, sub judice, Luncheon said: “But others have spoken, not that they have spoken disregarding this principle but they have spoken.
“I want to reiterate what we are really concerned about, in this matter, what is the Government’s real concern and, of course, the answer is obvious.
“We are not in the business of buying and selling cement. We are in the business of development and housing development and housing construction is a very important part.”
Luncheon disclosed that billions (of dollars) have been spent on preparation of lands, building infrastructure and doing squatter settlement rehabilitation for housing construction.
“And this bottle neck that has been created by TCL, studiously denied of course by TCL…is the issue here,” he maintained.
Luncheon added: “That is the issue. So, if I were to comment, merely to say it’s in our national interest to ensure that cement is available, predictably available and competitively priced.”
He said the statement issued by the Administration really captured what the Government feels, and about its position on the TCL issue.
“An adequate, a reliable and a competitively priced supply of cement for Guyanese,” he stated.
Showing posts with label CET. Show all posts
Showing posts with label CET. Show all posts
Friday, October 16, 2009
Thursday, October 15, 2009
Kaieteur News news item. October 15, 2009. TCL ‘troubled’ by Jagdeo’s statements on CCJ
http://www.kaieteurnewsonline.com/2009/10/15/tcl-%e2%80%98troubled%e2%80%99-by-jagdeo%e2%80%99s-statements-on-ccj/
The TCL Group yesterday said that it is ‘troubled’ by President Bharrat Jagdeo’s comments that there is a conflict of interest on the part of Dr Rollin Bertrand being the Chairman of the Trust Fund of the Caribbean Court of Justice (CCJ) and at the same time being the Chief Executive Officer (CEO) of the TCL Group.
TCL has won the legal challenge it took to the CCJ against Guyana for waiving the Common External Tariff (CET) on the importation of cement.
Jagdeo’s statement, the TCL Group said, casts doubt over the integrity of the CCJ and attacked the character of TCL Group’s and CEO Dr. Rolling Bertrand.
The TCL Group said it is troubled by President Jagdeo’s comments since, in his capacity as Chairman of CARICOM, “he is expected to properly represent the integrity of regional institutions.”
In addition, President Jagdeo is a signatory to the Treaty establishing the CCJ and the CCJ Trust Fund, and as part of the original “design team” he is well aware of the institutional arrangements that are in place to insulate the Court from any kind of interference – political or otherwise, the TCL group stated.
“These robust mechanisms have even been applauded by international onlookers and will certainly be tested during the current imbroglio,” the TCL group declared.
According to the TCL GROUP, a Board of Trustees consisting of eminent persons in business, civil society and the judiciary governs the CCJ Trust Fund. During its short time, two Chief Justices have been Trustees and have been party to the discussions of the “conflicts of interest” in the cases before the CCJ (TCL v CARICOM and TCL v GoG).
The Caribbean Association of Industry and Commerce (CAIC) has a Trustee on the Board of Trustees. The CAIC Trustee on the Board of Trustees is a TCL executive. The Board of Trustees also has representatives of the Secretary General and there are two Guyanese nationals on the Board.
The Board has no interaction with the judges of the CCJ and cannot influence the Court’s decisions, the TCL Group stated, adding that the institutional arrangements to protect the Court from politicians also protect the Court from all other parties, including Trustees.
The claim, by President Jagdeo, that Bertrand “regularly” interfaces with the Court” could not be further from the truth, the TCL Group stated.
The Court and the Fund interface through the CCJ Court Administrator and the Executive Officer of the Fund. There is the occasional exchange of correspondence between the two institutions, but the Board always sanctions these, the TCL Group stated.
In order to influence the Court, the Fund would have to be able to exercise some power over the judges - and no such avenues exist, TCL stated, noting that the Fund was established simply to manage the US$100 million initial capital raised by Member States to fund the Court, when requested.
The Fund does not decide on the Budget of the Court and it disburses moneys to the Court in quarterly installments as requested.
If the Trustees fear that the Court’s expenditure is getting out of hand, the Board of Trustees is required to solicit the intervention of the Secretary General of CARICOM to curb the Court’s expenditure plans.
Trustees have no say in Court expenses and have no veto power over any financial request of the Court, the TCL Group stated. The terms and conditions of the judges are established and altered by the Regional Judicial and Legal Services Commission (RJLSC). The Board of Trustees has no input into these matters.
“In short, the Fund is powerless against the Court”, the Group stated.
When TCL took legal action against the Caribbean Community and the Government of Guyana (GoG), Dr. Rollin Bertrand immediately declared a “potential conflict of interest” to the Board. Dr. Bertrand offered to give up the post of Chairman or even come off the Board, but after lengthy discussions and a legal opinion from eminent Senior Counsel, the Board agreed that Dr. Bertrand not step down.
In the matter of TCL versus CARICOM, there was a representative of CARICOM on the Board who was also “conflicted”. More distantly, the representative of the Caribbean Congress of Labour on the Board would have been connected to TCL and TGI’s employees and could also be said to have a “conflict of interest”.
Notwithstanding the above, Dr. Bertrand has been very cautious during the pendency of the case. He has kept out of any interface with the Court even staying away from CARICOM functions where the President of the Court would have been present, the TCL Group stated.
As far as TCL’s case went, Dr. Bertrand did not sign any affidavits nor did he appear as witness in the matter.
While the comments of the President of Guyana are very unfortunate, this incident presents an opportunity for the public to learn about the Court, the TCL Group said, noting that the media must play an important part.
The Group declared that independence of the CCJ is extremely robust.
The TCL Group anticipates that President Jagdeo would on reflection and consultation seek to correct the perceptions and damage to character and reputation caused by his recent comments.
http://www.kaieteurnewsonline.com/2009/10/15/tcl-%e2%80%98troubled%e2%80%99-by-jagdeo%e2%80%99s-statements-on-ccj/
The TCL Group yesterday said that it is ‘troubled’ by President Bharrat Jagdeo’s comments that there is a conflict of interest on the part of Dr Rollin Bertrand being the Chairman of the Trust Fund of the Caribbean Court of Justice (CCJ) and at the same time being the Chief Executive Officer (CEO) of the TCL Group.
TCL has won the legal challenge it took to the CCJ against Guyana for waiving the Common External Tariff (CET) on the importation of cement.
Jagdeo’s statement, the TCL Group said, casts doubt over the integrity of the CCJ and attacked the character of TCL Group’s and CEO Dr. Rolling Bertrand.
The TCL Group said it is troubled by President Jagdeo’s comments since, in his capacity as Chairman of CARICOM, “he is expected to properly represent the integrity of regional institutions.”
In addition, President Jagdeo is a signatory to the Treaty establishing the CCJ and the CCJ Trust Fund, and as part of the original “design team” he is well aware of the institutional arrangements that are in place to insulate the Court from any kind of interference – political or otherwise, the TCL group stated.
“These robust mechanisms have even been applauded by international onlookers and will certainly be tested during the current imbroglio,” the TCL group declared.
According to the TCL GROUP, a Board of Trustees consisting of eminent persons in business, civil society and the judiciary governs the CCJ Trust Fund. During its short time, two Chief Justices have been Trustees and have been party to the discussions of the “conflicts of interest” in the cases before the CCJ (TCL v CARICOM and TCL v GoG).
The Caribbean Association of Industry and Commerce (CAIC) has a Trustee on the Board of Trustees. The CAIC Trustee on the Board of Trustees is a TCL executive. The Board of Trustees also has representatives of the Secretary General and there are two Guyanese nationals on the Board.
The Board has no interaction with the judges of the CCJ and cannot influence the Court’s decisions, the TCL Group stated, adding that the institutional arrangements to protect the Court from politicians also protect the Court from all other parties, including Trustees.
The claim, by President Jagdeo, that Bertrand “regularly” interfaces with the Court” could not be further from the truth, the TCL Group stated.
The Court and the Fund interface through the CCJ Court Administrator and the Executive Officer of the Fund. There is the occasional exchange of correspondence between the two institutions, but the Board always sanctions these, the TCL Group stated.
In order to influence the Court, the Fund would have to be able to exercise some power over the judges - and no such avenues exist, TCL stated, noting that the Fund was established simply to manage the US$100 million initial capital raised by Member States to fund the Court, when requested.
The Fund does not decide on the Budget of the Court and it disburses moneys to the Court in quarterly installments as requested.
If the Trustees fear that the Court’s expenditure is getting out of hand, the Board of Trustees is required to solicit the intervention of the Secretary General of CARICOM to curb the Court’s expenditure plans.
Trustees have no say in Court expenses and have no veto power over any financial request of the Court, the TCL Group stated. The terms and conditions of the judges are established and altered by the Regional Judicial and Legal Services Commission (RJLSC). The Board of Trustees has no input into these matters.
“In short, the Fund is powerless against the Court”, the Group stated.
When TCL took legal action against the Caribbean Community and the Government of Guyana (GoG), Dr. Rollin Bertrand immediately declared a “potential conflict of interest” to the Board. Dr. Bertrand offered to give up the post of Chairman or even come off the Board, but after lengthy discussions and a legal opinion from eminent Senior Counsel, the Board agreed that Dr. Bertrand not step down.
In the matter of TCL versus CARICOM, there was a representative of CARICOM on the Board who was also “conflicted”. More distantly, the representative of the Caribbean Congress of Labour on the Board would have been connected to TCL and TGI’s employees and could also be said to have a “conflict of interest”.
Notwithstanding the above, Dr. Bertrand has been very cautious during the pendency of the case. He has kept out of any interface with the Court even staying away from CARICOM functions where the President of the Court would have been present, the TCL Group stated.
As far as TCL’s case went, Dr. Bertrand did not sign any affidavits nor did he appear as witness in the matter.
While the comments of the President of Guyana are very unfortunate, this incident presents an opportunity for the public to learn about the Court, the TCL Group said, noting that the media must play an important part.
The Group declared that independence of the CCJ is extremely robust.
The TCL Group anticipates that President Jagdeo would on reflection and consultation seek to correct the perceptions and damage to character and reputation caused by his recent comments.
Govt responds to TCL Group
Kaieteur News news item. October 15, 2009. Govt responds to TCL Group
http://www.kaieteurnewsonline.com/2009/10/15/govt-responds-to-tcl-group/
It has come to the notice of the Administration that the TCL Group has sought to characterize as an improper representation of fact, President Bharrat Jagdeo’s comments surrounding media queries about the conflict of interest issue involving TCL and its litigation at the Caribbean Court of Justice (CCJ).
The Office of the President advises that President Jagdeo’s comment at a recent press conference was intended to clarify ongoing media questions and reports that are focusing on claims of conflict of interest involving TCL.
The Administration further advises that President Jagdeo’s statement at that press conference was factual and that indeed the issue of conflict of interest was a subject of deliberation by the Heads of the CARICOM Community, following which, Prime Minister of Belize, Dean Barrow was made responsible for addressing their concerns with the principals. Thus the President’s disclosure was factual and incontrovertible that the Heads of Government discussed the issue of conflict of interest by TCL.
Despite TCL’s protestations about this matter, President Jagdeo was under no obligation to be ambiguous in his representation.
Furthermore, the crux of the matter remains TCL’s inability to provide the region with reliable and competitively priced supplies of cement.
http://www.kaieteurnewsonline.com/2009/10/15/govt-responds-to-tcl-group/
It has come to the notice of the Administration that the TCL Group has sought to characterize as an improper representation of fact, President Bharrat Jagdeo’s comments surrounding media queries about the conflict of interest issue involving TCL and its litigation at the Caribbean Court of Justice (CCJ).
The Office of the President advises that President Jagdeo’s comment at a recent press conference was intended to clarify ongoing media questions and reports that are focusing on claims of conflict of interest involving TCL.
The Administration further advises that President Jagdeo’s statement at that press conference was factual and that indeed the issue of conflict of interest was a subject of deliberation by the Heads of the CARICOM Community, following which, Prime Minister of Belize, Dean Barrow was made responsible for addressing their concerns with the principals. Thus the President’s disclosure was factual and incontrovertible that the Heads of Government discussed the issue of conflict of interest by TCL.
Despite TCL’s protestations about this matter, President Jagdeo was under no obligation to be ambiguous in his representation.
Furthermore, the crux of the matter remains TCL’s inability to provide the region with reliable and competitively priced supplies of cement.
Guyana fails again at CCJ
Kaieteur News news item. October 15, 2009. Guyana fails again at CCJ… as Court dismisses application for extension of time to comply.
http://www.kaieteurnewsonline.com/2009/10/15/guyana-fails-again-at-ccj/
The Caribbean Court of Justice (CCJ) yesterday dismissed Guyana’s application for an Extension of Time as it relates to the country’s compliance with the Court’s order to reinstate the Common External Tariff (CET) on cement from non-CARICOM sources.
In considering the application for Contempt of Court by Trinidad Cement Limited (TCL) and subsidiary TCL Guyana Inc. (TGI) against the Government of Guyana, the Judges directed that Guyana file its arguments in opposition to TCL’s application within 14 days.
Following that process TCL must file its response within seven days and Guyana has been directed to pay that company’s cost of filing the application.
The CCJ also stated that it regards the contempt matter as a serious and complicated issue and that it has to be heard in open Court.
On Monday, President Bharrat Jagdeo voiced his concern that the Chairman of the Trust Fund of the CCJ, Dr Rollin Bertrand, is also the chief executive officer of TCL which recently won a challenge it brought against the Guyana Government over the importation of cement.
Jagdeo’s statement came during a press briefing where he was asked about Government’s refusal to comply with the decision of the CCJ to re-impose the CET on cement imports.
The CET regulates trade with the 15-nation CARICOM, dictating that a product should not be imported from outside the bloc, once companies within the region can meet demands.
With Georgetown’s failure to comply with the Court’s August 20 decision to re-impose the CET on cement imports within 28 days, TCL and its local subsidiary again dragged the Guyana Government before the CCJ, saying the Jagdeo administration should be charged for contempt.
Jagdeo had confirmed media reports that CARICOM Heads of Government discussed Dr Bertrand’s position and cited it as a conflict of interest, since he has to be in regular contact with the Court.
The CCJ had ruled that the Government of Guyana was in breach of the Revised Treaty of Chaguaramas by failing to maintain and implement the CET on cement.
Additionally, the Guyana Government was ordered to pay two-thirds of TCL costs. When Guyana failed to carry out the court’s ruling, TCL and its local subsidiary approached the court again.
http://www.kaieteurnewsonline.com/2009/10/15/guyana-fails-again-at-ccj/
The Caribbean Court of Justice (CCJ) yesterday dismissed Guyana’s application for an Extension of Time as it relates to the country’s compliance with the Court’s order to reinstate the Common External Tariff (CET) on cement from non-CARICOM sources.
In considering the application for Contempt of Court by Trinidad Cement Limited (TCL) and subsidiary TCL Guyana Inc. (TGI) against the Government of Guyana, the Judges directed that Guyana file its arguments in opposition to TCL’s application within 14 days.
Following that process TCL must file its response within seven days and Guyana has been directed to pay that company’s cost of filing the application.
The CCJ also stated that it regards the contempt matter as a serious and complicated issue and that it has to be heard in open Court.
On Monday, President Bharrat Jagdeo voiced his concern that the Chairman of the Trust Fund of the CCJ, Dr Rollin Bertrand, is also the chief executive officer of TCL which recently won a challenge it brought against the Guyana Government over the importation of cement.
Jagdeo’s statement came during a press briefing where he was asked about Government’s refusal to comply with the decision of the CCJ to re-impose the CET on cement imports.
The CET regulates trade with the 15-nation CARICOM, dictating that a product should not be imported from outside the bloc, once companies within the region can meet demands.
With Georgetown’s failure to comply with the Court’s August 20 decision to re-impose the CET on cement imports within 28 days, TCL and its local subsidiary again dragged the Guyana Government before the CCJ, saying the Jagdeo administration should be charged for contempt.
Jagdeo had confirmed media reports that CARICOM Heads of Government discussed Dr Bertrand’s position and cited it as a conflict of interest, since he has to be in regular contact with the Court.
The CCJ had ruled that the Government of Guyana was in breach of the Revised Treaty of Chaguaramas by failing to maintain and implement the CET on cement.
Additionally, the Guyana Government was ordered to pay two-thirds of TCL costs. When Guyana failed to carry out the court’s ruling, TCL and its local subsidiary approached the court again.
Saturday, October 10, 2009
What is the future for the rice industry if other countries renege on CET payments?
What is the future for the rice industry if other countries renege on CET payments?
October 10, 2009 | By KNews | Filed Under Letters
http://www.kaieteurnewsonline.com/2009/10/10/what-is-the-future-for-the-rice-industry-if-other-countries-renege-on-cet-payments/
Dear Editor,
I find it strange that Guyana is not following the ruling of the CCJ and not reinstating the CET on cement.
We are all aware that the rice market is being manipulated and Europe is definitely not a future for our rice. CARICOM, South America and Central America will have to be targeted for markets. Fortunately we still have some protection in CARICOM with the 25% CET on rice.
This tariff causes the price of extra regional rice to increase by 25 % on the CIF cost making extra regional rice very uncompetitive to Guyana.
Before the CCJ was established when it was highlighted at COTED that member states were not paying the CET on rice although a wavier was not granted as in the case of the cement issue with Guyana and the TCL group.
One was told that there was no mechanism to prosecute or penalize anyone for this infringement. However with the establishment of the CCJ, issues of the illegal waivers can be brought to this institution as with the case of cement issues between the TCL Group and Guyana.
Besides reneging on an organisation that was legally formed by member states including Guyana one can assume that no one will want to pay the CET for rice from extra-regional source anymore.
Thus Guyana will lose a very lucrative market for its rice and one should bear in mind that this same market, if Haiti and the Dominican Republic are included, can consume all of Guyana’s rice production, resulting in a bright future for the local rice industry.
I hope that good sense will prevail and the result will be that Guyana will not be sending the wrong signal where the waiver of CET is concerned as we have more to lose than to gain.
Beni Sankar
October 10, 2009 | By KNews | Filed Under Letters
http://www.kaieteurnewsonline.com/2009/10/10/what-is-the-future-for-the-rice-industry-if-other-countries-renege-on-cet-payments/
Dear Editor,
I find it strange that Guyana is not following the ruling of the CCJ and not reinstating the CET on cement.
We are all aware that the rice market is being manipulated and Europe is definitely not a future for our rice. CARICOM, South America and Central America will have to be targeted for markets. Fortunately we still have some protection in CARICOM with the 25% CET on rice.
This tariff causes the price of extra regional rice to increase by 25 % on the CIF cost making extra regional rice very uncompetitive to Guyana.
Before the CCJ was established when it was highlighted at COTED that member states were not paying the CET on rice although a wavier was not granted as in the case of the cement issue with Guyana and the TCL group.
One was told that there was no mechanism to prosecute or penalize anyone for this infringement. However with the establishment of the CCJ, issues of the illegal waivers can be brought to this institution as with the case of cement issues between the TCL Group and Guyana.
Besides reneging on an organisation that was legally formed by member states including Guyana one can assume that no one will want to pay the CET for rice from extra-regional source anymore.
Thus Guyana will lose a very lucrative market for its rice and one should bear in mind that this same market, if Haiti and the Dominican Republic are included, can consume all of Guyana’s rice production, resulting in a bright future for the local rice industry.
I hope that good sense will prevail and the result will be that Guyana will not be sending the wrong signal where the waiver of CET is concerned as we have more to lose than to gain.
Beni Sankar
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