A passenger riding on a motorcycle involved in a motor vehicle accident on Watercourse Road in West Bay on Tuesday 1 December is in critical condition.

RCIPS uniform officers responded to a report of an accident involving a vehicle and a motorcycle on Watercourse Road.

A Mercedes Benz and a motorcycle had collided in the vicinity of Super C’s Restaurant around 8pm. A woman and her three children who were walking along Watercourse Road at the time of the accident were also injured.

When police arrived, three males – both the motorcyclist and his passenger, as well as one of the juvenile pedestrians – appeared to have moderate-to-serious injuries.

The woman and her other two children received minor injuries. Altogether, six injured persons, including a baby, were transported to George Town Hospital for treatment.

The driver and the passenger of the Mercedes Benz were not injured.

In addition to the motorcycle passenger, two other persons are still in hospital as well with less serious injuries.

Police are investigating the accident.

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Minister of Finance Hon Marco Archer is participating in discussions at the 64th Westminster Seminar on Parliamentary Practice and Procedure.

Minister of Finance and Economic Development Hon Marco Archer is participating in discussions at the 64th Westminster Seminar on Parliamentary Practice and Procedure that range from parliamentary ethics and standards to the conflicting priorities of constituency, party and parliamentary work.

The seminar opened in London on Monday, 30 November at Westminster and explores parliamentary democracy, practice and procedure within a Westminster framework.

It is the Commonwealth Parliamentary Association UK’s flagship capacity-building programme and is a highly anticipated annual seminar that highlights current best practice and how Parliaments adapt to changing domestic and global political environments. It is designed to enhance the capacity of the parliamentarians in attendance to create legislation, hold their governments to account and represent their constituents’ interests.

Sessions so far have included an overview of the development of the modern Westminster System and an outline of the specific practical upgrades to its infrastructure that Parliament urgently needs as well as an urging from Charlotte Leslie, MP, Parliamentary Secretary at the Department for International Development and the FCO, for Commonwealth colleagues to not become overly concerned with administration and power structures when there are global issues of huge and wide-reaching significance that parliamentarians must face, not least in the ways in which their countries should respond to pressing threats to national and global security.

Just as the Cayman Islands is modernising its Legislative Assembly by putting its authority over the Speaker of the House and the Clerk, so too has Britain. Minister Archer and others heard that recent changes to Parliament’s governance included the creation of the post of Director General to sit beneath and work alongside the Clerk of the House. As in Cayman, the move is a new and developing structure and changes in the way the two work together will inevitably develop.

Another session considered the legislative process, specifically amending legislation while another’s topic was select committees and the influence they have on the behavior of ministries that will take account of the likely reaction of a select committee when formulating policy. MP Iain Wright concluded that session with the perspective of an opposition select committee chair reflecting the theme of the day, which was that truly effective accountability should not involve opposition for its own sake; select committees should assess and advise rather than simply criticising.

On Wednesday morning (2 December) MP Andrew Stephenson opened a discussion on the ways that MPs can raise issues on behalf of their constituents and causes they support.

The afternoon began with an exploration of parliamentary ethics and standards. MP Rt Hon Sir Kevin Barron MP, the Chair of the Standards and Privileges Committees, set the scene by exploring some of the reputational issues the UK Parliament has suffered in recent years and how this led to reform. In his view, the reform had not been as positive as it might have been, but the benefits of an independent authority were clear.

The seminar continues on Thursday 3 December  and concludes on Friday 4 December.

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Cayman Airways Limited (CAL) has debuted its new boarding ramps in the Cayman Islands, and the airline’s passengers now have the pleasure of using them to board and deplane in both Grand Cayman and Cayman Brac.
The national airline recently put the new boarding ramps into service for its Boeing 737 jet flights as well as on its smaller Saab and Embraer flights following their acceptance for use by the Cayman Islands Airports Authority (CIAA), and the completion of ground operations staff training on how to use them.

CAL new boarding ramps in use. Photo by James Tibbetts

Heralded as a significant step forward for passenger convenience in the Cayman Islands, the ramps provide a comfortable inclined walkway to board or deplane aircraft, enhancing safety and comfort compared to conventional passenger stairs.
“We have invested in boarding ramps to improve our passenger’s travel experience while increasing the efficiency of our operations,” said the national airline’s President and CEO, Fabian Whorms.
“These new boarding ramps provide a quicker, more comfortable boarding and deplaning experience for everyone, but particularly for those with limited mobility or those needing wheelchair assistance. We know how much it means for individuals to be able to walk on and off a plane on their own and for families to easily board together. Previously, wheelchair passengers had to be physically carried up or down the stairs by several support staff, but now they can board in a much more efficient, safe and dignified manner with their wheelchairs being wheeled right onto the plane. We pride ourselves in delivering Caymankindness with true Caymanian hospitality and we see the boarding ramps as one more way we can make our passengers’ experience just a bit more special,” Mr Whorms said.
Deputy Premier and Minister for Tourism Hon Moses Kirkconnell said, “The Ministry of Tourism is pleased to have worked with Cayman Airways to ensure that all travelers, particularly those with limited mobility, enjoy a high quality flight experience. The ramp offers a safer, more convenient boarding alternative for seniors and young children and eliminates the need on arrival for passengers to lift their carry-on bags down a flight of stairs. Additionally, our Islands dive operators have long been praised for their professionalism and experience in providing dive activities for disabled divers. The addition of the Cayman Airways’ boarding ramps will make it easier for these individuals to enjoy a more comfortable disembarkation experience when visiting to take advantage of the many benefits that diving provides.”
The new boarding ramps are also welcomed by Parker Tibbetts, the Patron of the new draft Cayman Islands Disability Policy. Mr Tibbetts was recently invited by CAL to try the boarding ramps at Owen Roberts International Airport (ORIA) for his input.
“I am delighted to see that Cayman Airways has obtained boarding ramps that will provide greater accessibility and comfort to those requiring wheelchairs, or who have difficulty getting about,” commented Mr Tibbetts, who is himself an amputee. “The boarding or deplaning process using traditional stairs can be a very distressing time for those who have historically had to be carried on or off an aircraft. The ramps stand to allow these individuals a tremendously improved and more comfortable travel experience while preserving their dignity and self-respect. After my own inspection and use of the ramps, I am pleased that they will be a great improvement to the existing experience and believe that their use will provide much faster and safer boarding and deplaning for everyone.”

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Cayman Finance Student Education and Work Experience Programme participants posing with their certificates of completion.

Cayman Finance may extend its Student Education and Work Experience Programme to Caymanian students in private schools, revealed its Chief Executive Officer (CEO), Jude Scott.

The programme was developed earlier this year as a part of the organisation’s community outreach and awareness efforts.

Mr Scott noted that the feedback he received was “fantastic” and that the programme garnered excellent results within its short time frame.

A survey was conducted and the results showed that 95 per cent of the students who participated rated it as very good/excellent.

Consequently, Cayman Finance made the decision to expand the programme and is currently collaborating with the Ministry of Education to see exactly what the expansion will entail.

Mr Scott said when they launched the pilot programme it was met with a high demand but the organisation could not accommodate this demand at the time.

Therefore, they are considering presenting the same opportunity to private school students by expanding it beyond government-owned institutions.

Mr Scott explained that the idea of the programme came about after the government had just released its minimum wage report and the unemployment statistics were analysed.

The analysis showed that while unemployment has been falling in the country it has been rising among young Caymanians around 18-25 years old with a high school and/or tertiary level education.

“As an economy we have four choices. Either we employ the students, or they go off to tertiary education, then we employ them, or they become dependent on social services, or they resort to crime to support themselves,” said Mr Scott.

He added that if the country does not want them to resort to the latter two, it has to come together and figure out how to ensure this segment of the population is properly employed.

“But there is also a responsibility from government’s perspective to ensure their education prepares them for employment,” said Mr Scott.

He stated that though it was not specifically in Cayman Finance’s mandate the organisation started to explore ways to tackle this trend and guarantee the opportunities are there for young Caymanians.

As a result it designed the programme to create awareness and pathways for these young people to get access to the financial service industry, which makes up approximately half of the economy, and 15 per cent of the work force.

The pilot programme was geared around students in the dual enrollment programme, which include students who have passed five or more subjects, including Math and English.

Students with less than five passes or those who miss Math and English move on to CIFEC where they attend classes three days a week and then mandatory unpaid work experience two days a week.

Unlike CIFEC students those in dual enrollment have no access to structured work experience because they are going to classes full time, Mr Scott highlighted.

“Generally these are going to be the students who are more likely to continue tertiary level education,” he stated.

As a result, Cayman Finance created the programme to specifically focus on these young people.

They developed the programme in two months (March and February) before they launched it in April.

Fifty students from the dual enrollment programme participated engaging in workshops, mentorship and internships.

The students did one workshop per week, for eightweeks. In the workshops they learned about the industry and the different types of careers it offers.

They also did a segment on soft skills which taught them the importance of these skills to be successful in the workplace.

Furthermore, Cayman Financearranged for 50 senior professionals in the industry to act as mentors over the eight-week period and meet with each student, one on one.

Their mentors would discuss with them careers, answer questions about the workshopsand talk to them about opportunities in the industry.

The students were also provided a one month paid internship in the summer with a financial firm.

Before they could begin theirinternships they had towrite resumes and undergo an interview process.

“The whole thing was designed to give them experience in the process and give them feedback on it,” Mr Scott mentioned.

The students chose whether they wanted to do their internships in July or August.

However, Mr Scott noted there were a number of organisations and students that said the internship was going so well that they wanted it to be extended through the rest of the summer.

“We want to ensure that the industry is as successful as it can be but we also understand our obligation to make sure that we’re doing things to ensure that the country and our young people are very successful, and that they have meaningful pathways.

“Prior to the programme many of these young people didn’t know anything about the industry and as a result had no real career plans for the industry,” Mr Scott added.

Now, some of those students have even been offered scholarships by the various organisations.

Mr Scott said one young lady’sfeedback was that the programme opened her eyes to a whole new world.

Cayman Finance and the Ministry of Education intend to roll out the final plans on the expansion in 2016.

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The same-sex marriage issue has exploded into a firestorm of controversy in our community in the past few months. The most recent explosion in the storm was the resignation of long-term legislator Anthony Eden from the PPM government last week, following Premier Hon Alden McLaughlin’s announcement of potential changes to the Islands’ immigration structure to allow for same-sex dependents.

Prior to his departure, Mr Eden made his stance on same-sex marriage in the Cayman Islands very clear. In raising his objections, which he based on his strong religious beliefs, he made comments that were frowned upon and castigated as hate speech by the chairman of the Human Rights Commission (HRC) and other observers.  Mr Eden responded strongly to any aspersions made, and his comments were once again deemed to be controversial.

We are not going to get into the debate on same-sex marriage or on the content of Mr Eden’s comments. What we are focusing on is his defence of his own opinion and stance. Mr Eden spoke and acted in accordance with his beliefs. He talked the talk and literally walked the walk – to the other side of the Legislative Assembly chamber.

Having previously written a viewpoint on the culture of silence in Cayman, with the fear of speaking out seemingly so ingrained in our culture, it is unusual to see anyone – even and possibly especially a political representative, be so vocal in expressing an opinion and then be willing to back that opinion up with a resignation. Mr Eden made clear statements of his position on an issue important to him in both words and action.

Whether you agree with Mr Eden or not, his stance required courage in his convictions and a willingness to go against the grain. It even led to a professional break with his peers. Bear in mind that Mr Eden was a founding member of the People’s Progressive Movement (PPM) – now known as “The Progressives.” It is not a small decision to break from a group which you formed the nucleus of.

In this situation, we have to refer to a quote often attributed to Voltaire, but first used by Evelyn Beatrice Hall, writing under the pseudonym of Stephen G Tallentyre in the book “The Friends of Voltaire” (1906), as a summary of Voltaire’s beliefs: “I do not agree with what you have to say, but I’ll defend to the death your right to say it.”

So whether we agree with Mr Eden or not, we agree that he has a right to express his own opinion. Just as his critics have a right to express a divergent one.

While culturally, Caymanians have not always encouraged those who speak out and voice their opinions, Mr Eden has received a groundswell of support from our Islands’ traditionally conservative – and usually silent – majority.

However, in giving Mr Eden this support, we must also be aware that in all fairness, we must accept that those with a divergent view also have the right to voice their opinions.

Our long-fought-for Bill of Rights in the 2009 Constitution posits that no person shall be hindered in the enjoyment of the freedom of conscience. This means that each of us is free to hold particular beliefs, and to practice our religion.  No one can tell you what to think or believe about God or religion, unless your beliefs could harm others.

The Bill of Rights also affirms that no person shall be hindered in the enjoyment of freedom of expression. This means we all have the right to voice opinions and express our views, either by ourselves or in a group, unless doing so would breach the rights of other persons.

So whatever we each may personally believe or not, we are bound to respect the rights of others to act according to their own conscience and to express their own beliefs, and we are free to do the same.

In other words, we can agree to disagree.

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Premier Hon. Alden McLaughlin, foreground, at the first session of the Overseas Territories Joint Ministerial Council 2015.

Tuesday 1 December marked Day One of the Overseas Territories Joint Ministerial Council 2015. Premier Hon. Alden McLaughlin and the Cayman Islands delegation joined other OT Governments for meetings hosted by Minister for the Overseas Territories James Duddridge at the historic Lancaster House in London. The plenary meetings concluded on Wednesday.

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Police warn harbouring the 21-yr-old is an offence

More than one month has passed since 21-year-old Jaesha Hendrix went missing and there is still no sign of the registered nursing assistant.
However while the Royal Cayman Islands Police Services (RCIPS) is assuring that the investigation into her disappearance on 23 October is still “an active inquiry and will be until she is located.” They are warning the public that it is a criminal offence to harbour the young lady.

Police are still investigating the whereabouts of 21-year-old Jaesha Hendrix who has been missing for the past month. While the RCIPS says they are concerned about the young lady’s well being, they say she is wanted for questioning. This is the most recent photo of Ms Hendrix, police believe she is still sporting the hairstyle in the photo.

This comes on the heels of statements from Police Commissioner David Baines who believes that Ms Hendrix is not in immediate danger, but is trying to avoid police officers.
Ms Hendrix, also known as Jaesha Solomon, has been missing since the morning of Friday 23 October. According to police, the 21-year-old woman was last seen at Lakeside Apartments where she lived.
On Tuesday (1 December) Jacqueline Carpenter, RCIPS Public Relations Officer, told The Cayman Reporter that at this time there are no new updates on the investigation that she could share in the investigation.
However she contended that, “We [the RCIPS] continue to be concerned for her well-being, however, she is wanted for questioning in connection with a criminal matter. Anyone who may be harbouring her is reminded of the fact that they could also be guilty of an offense, and they should come forward.”
Ms Hendrix was reportedly spotted in Bodden Town in a brown Honda CRV last month. However since then police have been unable to track her movements.
Her mother Edith Mae Scott, who left her job behind in the United States to come find her daughter, said she wants to know if my daughter is alive, “Can I even be given proof of life?”
“If, it turns out to be a case of hiding, she needs to know that she will have no harm come to her. She will handled with dignity and respect, as all is being resolved. If, it is a matter of her being held for the benefit of others, then once again I have full confidence the RCIP will act accordingly,” Ms Scott said.
Ms Scott, in an email statement to The Cayman Reporter, questioned why her daughter would want to hide.
“She knows her Godmother Filomenia, Ms. Thelma, her G-ma, her family, the Tampa Muslim community, and friends stand strong with her and for her. Just think, we are Muslim so we know life is about good and evil, life is about choices and consequences. There is only two paths in life, but either path the individual is accountable,” Ms Scott said.
Last week as Americans celebrated Thanksgiving, Ms Scott said she reminisced about the times she and her daughter spent cooking and preparing for the celebrations.
“This time of year, I host the celebration of others by cooking and serving the traditional dinner. A time that the pillar of charity is extended. However, this year I hide from the people, because I am unable to hide my emotions over my daughter missing. My daughter always assisted me with the cooking and feeding of the people. Now I myself cannot even find appetite – I have lost ten pounds,” she said.
Ms Scott pleaded for her daughter to be dropped off at the “emergency room of government hospital so she can seek safety.”
Anyone with information regarding her whereabouts are asked to call GTPS at 949-4222, or the Crime Stoppers call centre in Miami at 800-8477 (TIPS).

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Government has yet to respond to the critical concerns raised by government entity-the National Conservation Council (NCC) about the governance and environment issues surrounding the multi-million dollar cruise berthing and port facility earmarked for the George Town Harbour.
Premier Hon Alden McLaughlin, who is presently in the UK attending the Joint Ministerial Council meeting, and Deputy Premier Tourism Minister Hon Moses Kirkconnell have not responded to the NCC’s concerns raised in two statements issued last week.
The Cayman Reporter reached out to both the Premier and Deputy Premier for comment on the issues raised by the NCC, however neither responded up to press time.

The National Conservation Council (NCC) has raised governance and environmental concerns about government’s planned multi-million dollar cruise berthing and port facility.

Premier McLaughlin was expected to meet with the Foreign Commonwealth Office on the port project during his UK stay.
Last week the National Conservation Council, in its most decisive and public statement to date on the multi-million dollar port project, called on the Premier and Deputy Premier to address governance and environmental concerns on the project.
The NCC raised red flags on key areas of the project in its two comprehensive statements, but uppermost in their view was the role of the Tourism Ministry as the project leader and member of the Environmental Assessment Board (EAB.)
The Council contended that the commitment to proper procedure in the evaluation of the cruise berthing facility proposal began with the appointment of a Steering Group and an Environmental Assessment Board made up of the Department of Environment, National Roads Authority, Department of Tourism, Department of Planning, National Museum, and Port Authority.
Premier McLaughlin last month announced that the project is moving to the next stage.
Mr Kirkconnell had also announced that a new design was being prepared with the view to have the port piers moved into deeper waters to reduce the environmental impact on Cayman’s reef.
The NCC has reservations about the governance process being used and the appearance of conflicts of interest in the contentious project.
“Not only should no man be a judge in his own cause, but with a proposal such as that with which the Cayman Islands are now faced, where the Government is cast not only in the role of evaluator but also as a joint proponent in a proposed public private partnership, the question of impaired objectivity must be raised,” the NCC contended.
It said that in its view if the role of the Ministry of Tourism is to act as the Government proponent, “then, in order to counter the reasonable apprehension of bias created by a party acting as both investigator and adjudicator, it is important that the Ministry should not, and be seen not to, interfere with or pre-empt the evaluation function of the Environmental Assessment Board.”
The NCC, which is also comprised of government members, made it clear that its commentary was not intended to endorse any other proposed or alternative cruise berthing facility in George Town Harbour or elsewhere and for the avoidance of any conflict with their duty as civil servants, government members of the Council did not participate in the drafting of the statements.
The NCC, using the International Federation of Consulting Engineers (FIDIC) conflict of interest policy as an example of a good governance policy, raised questions about Baird and Associates acting as both consultant and conducting the Environmental Impact Assessment.
“FIDIC’s policy on conflict of interest requires that consultants provide professional, objective and impartial advice, and at all times hold the client’s interests paramount, without any consideration for future work and strictly avoiding conflicts with other assignments or their own corporate interests. Consultants shall not be selected for any assignment that would a) be in conflict with their prior or current obligations to other clients, or b) may place them in a position of not being able to carry out the assignment in the best interest of the client,” the NCC pointed out.
The NCC said it believes that adherence to international environmental performance standards and good governance go hand in hand.
“At the recent announcements of Cabinet approval of moving forward with the proposed port, both the Premier and the Deputy Premier committed to a further analysis of the port design with the intention of decreasing the environmental impacts, principally by moving the piers to deeper water. It is therefore vitally important that the EAB continues its role in relation to updates of the Environmental Impact Assessment,” it added.
The NCC also took issue with the environmental impact of the project on GTH’s sensitive reef.
“The incomplete draft of a Preliminary Scoping of Possible Mitigation Measures document, released by the Ministry of Tourism on October 1, admits that Department of Environment was not consulted in its preparation,” the NCC said.
While it said that it most welcomed that the project is being re-assessed in order to find a solution that best adheres to the standards the NCC said “it looks forward to the full engagement of the CBF Steering Group and Environmental Assessment Board to define and subsequently review which elements of the EIA require updating.”
It said, in its opinion, that adherence to good environmental governance policies must be maintained.
“This includes continued regard for the International Finance Corporation (IFC) Biodiversity, Conservation and Sustainable Management of Living Natural Resources Performance Standards adopted by the terms of reference for this Environmental Impact Assessment.”
“For example, modeling sediment plumes generated by a revised dredge footprint and identifying methods for protecting the adjacent reefs from work carried out in deeper water will likely be required. In addition, the geotechnical investigation still remains to be conducted,” the NCC added.

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Discussions on a public registry of beneficial ownership dominated the last day of the Joint Ministerial Council meeting in the UK as Premier Hon Alden McLaughlin and other Overseas Territories (OTs) Premiers stood their ground refusing to budge on being forced into creating a public registry.

The OTs, heading into the JMC, stood united on the issue making their positions clear on the critical issue of beneficial ownership during their plenary session at the historic Lancaster House in London.

Premier Hon Alden McLaughlin pledged ahead of the Joint Ministerial Council that his government would resist any undue pressure from the UK for the creation of a public registry of beneficial ownership in the Cayman Islands. He also indicated that other Overseas Territories were united with Cayman on the issue.

The opening plenary began on Tuesday with discussions covering Climate Change and Energy, Education and Skills, Health, and Sports, according to statement from the Office of the Premier.

The statement indicated that, “the UK emphasized its own focus on creating more apprenticeships in partnership with the private sector and encouraged OT’s to explore such an approach.”

While beneficial ownership was not listed as an agenda for the private discussions, which involved leaders from Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St Helena, Ascension and Tristan da Cunha, and the Turks and Caicos Islands, it was the most contentious issues heading into the JMC.

Minister for the Overseas Territories James Duddridge vowed to press OTs on the issue ahead of the private discussions.

Turks and Caicos Premier Hon Rufus Ewing, during his visit to Cayman last month, pledged his support to Premier McLaughlin to stand with this country, the British Virgin Islands (BVI) and all other OTs facing possible economic turmoil from the UK to establish a public registry.

BVI Premier Dr. Orlando Smith, according to the BVI Beacon, “has repeatedly insisted that the VI is a well-regulated jurisdiction that complies with international standards.”

Last Thursday Premier McLaughlin, in delivering a statement on the issue ahead of his departure for London, said his government’s position remains unchanged and he had communicated that to UK Overseas Territories Minister James Duddridge in telephone conversations.
He said the UK’s position on the issue keeps “evolving” and has evolved to the point where it is now seeking direct access by its law enforcement agencies to beneficial ownership information in Cayman and other overseas territories such as the British Virgin Islands and Bermuda.
However the Premier said, “I have advised him that this is not something which the Cayman Islands can agree.”
On Tuesday the BVI Beacon reported that prior to the commencement of the JMC transparency advocates wrote to British Prime Minister David Cameron urging the UK to force the OTs to establish public registries of company ownership if they won’t do so willingly.
The Beacon indicated that a group of advocacy organisations wrote to Cameron Monday (30 November) “urging him to use the Joint Ministerial Council, which began Tuesday, to pressure the OTs to “shine a light on the shadowy world of anonymous shell companies.”
Many of the same organisations, the Beacon reported, were also part of a group that released a 10-page report on Monday (30 November) called The UK’s Corruption Problem, “which argued that the best way for the UK to make good on its promises to fight global corruption is to require offshore financial centres to publicly identify the owners of companies they register.”
On Tuesday evening, OT Heads of Government were invited to a private dinner hosted by Minister Duddridge who was joined by Minister Desmond Swayne, Minister of State for the Department of International Development.

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The group of civil servants who took part in the contract drafting workshop. Photo: Kara Coe / GIS

Civil servants recently honed their contract-making skills during a three-day conference designed to update their knowledge on what can make or break procurement processes and contracts. The Ministry of Planning, Lands, Agriculture, Housing and Infrastructure (PLAHI) hosted the event, which focused on drafting commercial contracts for their respective departments.

The training was held in November. The 36 participants included Government lawyers, heads of department, and senior staff who regularly engage in negotiations and agreements. Falconbury Training Solutions – a UK based company – facilitated the session. Presenter Mark Weston is a commercial lawyer with a major London firm. Chief Officer, Alan Jones noted that contracts are an important part of the procurement process. “Every Head of Department regularly comes across contracts in some form or other, so it’s necessary for us to be able to engage professionally with Government and private sector attorneys,” he said. Government’s overall increased emphasis on procurement practices includes the introduction of Craig Milley as Director of Procurement and the establishment of a Procurement Committee earlier this year. Attorney General Hon Sam Bulgin, expressed appreciation for the opportunity: “The members of my Chambers and I wish to commend the Ministry of PLAHI for arranging the seminar and to have UK Counsel of such eminence facilitating it. Professionally, we found it very rewarding.” Noting that the issues traversed during the training were directly relevant to matters that confront Cayman Islands’ Government departments on a daily basis, Mr. Bulgin added, “The training seminar was not only very insightful but also very timely.” Mr Jones shared that that the session allowed attendees to upgrade their skills or to refresh their existing knowledge. “Our “technocrats” and executive staff have a wide range of legal expertise. The sessions were especially worthwhile as they replicated the meetings that we would have with clients and lawyers. The training will help significantly during the discussion and drafting phases.”
 

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Banks say foreclosure is their last resort, but local advocacy group says differently.

A local advocacy group seeks to determine the number of people in each district experiencing foreclosure issues and the extent of their problems by holding district meetings.

Caymanians Against Economic Injustice (CAEI) held its first district meeting at the George Town Town Hall on Wednesday, 25 November at 6:30pm.

Over 40 people attended including the committee’s core members and Robert Bodden of the Christian Enlightenment Centre, who was the guest speaker of the evening.

The group is still in the process of completing plans for its district outreach meetings, through which it hopes to find out the extent of the foreclosure problems in each district. Its members intend to resume meetings after the Christmas season, in January 2016.

CAEI member Richard Bernard said people should attend these district meetings “if they are already being foreclosed on, or they are in the process of being foreclosed; if the foreclosure situation hasn’t started as yet (we’ll figure out) how we can help them that it doesn’t get that far. There are some advices that we can give them.”

At the meeting on Wednesday, they discussed the procedures in the Cayman Islands Bankers Association Code of Conduct that they say are not being followed by local banks.

Mr Bernard noted that some people may be unable to make their payments when their household income is cut due to issues such as job loss, separation or divorce and death of a spouse.

“The people go into to the bank trying to get the bank to either re-finance or to loan the payment and the bank refuses to do so. So therein lies a major problem,” stated Mr Bernard.

Minister for Financial Services Hon Wayne Panton previously pointed to section 14 of the CI Bankers Association Code of Conduct, which offers banks guidelines on dealing with clients facing financial strain.

The Code of Conduct states if a borrower finds himself in financial difficulties the bank will doall it can to help by possibly developing a plan with the borrower for dealing with his financial difficulties.

“Where your loan/mortgage is in arrears your lender will only commence legal proceedings for repossession of the property, where your lender has made every reasonable effort to agree an alternative arrangement with you or your nominated representative,” the code further states.

Mr Bernard added that on the other hand there is a section of people that fail to contact the banks to explain they are experiencing difficulties making their payments because of fear and pride.

“The bank will send them a notice, they ignore the notice. So I agree with the bank if they ignore the notice. You commence the foreclosure proceedings. But then the bank has the responsibility of following the code, which they are not doing,” said Mr Bernard.

However, Cayman Islands Bankers Association President Mark McIntyre confirmed that foreclosure is the banks’ last resort after a lengthy negotiating process between the banks and their clients.

In a previous interview with The Cayman Reporter, Mr McIntyre noted that sometimes clients admit to not being able to fulfill the mortgage agreement and are given the opportunity to sell their homes themselves. However, once all negotiations are exhausted or the homeowner(s) fail to sell the home within a specified period, the bank will then have to repossess the home.

“We are not in the real estate business. We provide loans,” he said.

The CAEI presented North Side MLA Ezzard Miller with a petition on mortgage reform in October, asking government to change the rules on home and business loans.

Minister Panton gave a commitment in the same month to bring mortgage specific legislation to the Legislative Assembly to offer a level of comfort to those faced with the prospect of losing their properties due to defaulting on payments.

The minister’s undertaking came through the successful and unanimous passage of a private motion piloted by Mr Miller. This motion resolved that government consider enacting mortgage legislation to provide borrowers with property and equity protection while also giving proper protection to lending institutions.

Mr Panton did not go into the specifics or give a timeline for what he intended to propose, but the legislation will address how foreclosures are dealt with and the process used.

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Premier Hon Alden McLaughlin says consultation on the draft disabilities bill will begin soon as he issued a statement on Thursday (3 December) on the commemoration of ‘International Day of Persons with Disabilities. This year’s theme was “Inclusion matters: access and empowerment for people of all abilities.”

Legislative provisions addressing discrimination against persons with disabilities will form part of Government’s Draft Disabilities Bill which is expected to be released for public consultation soon.

On Thursday (3 December) Premier Hon Alden McLaughlin, in a media statement on the occasion of International Day of Persons with Disabilities which is celebrated on 3 December globally, announced that the Consultation Draft Disabilities Bill will soon be out for public consultation.

As he made the announcement the Premier, who is currently in the UK attending the Joint Ministerial Council and related events, reiterated his government’s commitment to addressing issues confronting those living with disabilities.

“My Government recognises and takes seriously the challenges faced by persons with disabilities and their families in the Cayman Islands. To this end, last year the Government approved the Cayman Islands Disability Policy as a precursor to the establishment of needed legislation to protect the rights of persons with disabilities,” he said.

In his statement on Thursday Premier McLaughlin called on all to end the discrimination and stigmatisation of those living with disabilities.

“Let us today recommit ourselves to a more inclusive society, one that embraces the Disability Policy’s vision of ensuring persons with disabilities live with dignity, are respected, and have the opportunity to participate fully in society,” the Premier said.

Last year Premier McLaughlin, who established the Cayman Islands Disability Policy Subcommittee, assured that the government will address the challenges facing persons with disabilities in Cayman.

He committed, in the past, to bring formal legislation to address the disparity and discrimination against persons with disabilities.

With some 18 months to go for the May 2017 elections it is hoped that the Progressives-led government will make good on that promise as it moves forward with its legislative agenda in the new year.

Last month the Cayman Islands Human Rights Commission (HRC) urged the government to enact legislation protecting disabled persons from discrimination in the Cayman Islands without further delay.

“The Commission supports the Cayman Islands Government’s commitment to secure the equal treatment for Persons with Disabilities throughout our islands and urges it to implement legislation to achieve this as a matter of priority,”  the HRC said in  a statement as  it marked the 20^th anniversary of the enactment of the UK’s Disability Discrimination Act (1995) on Sunday, 8 November.

The HRC, knocking the delays in bringing legislation, said people with disabilities in the Cayman Islands currently have no protection against discrimination.

The HRC noted that the Cayman Islands government had approved The Cayman Islands Disability Policy 2014 – 2033 in October 2014.The stated goal of the policy is to ensure that “persons with disabilities live with dignity, are respected, and have the opportunity to participate fully in society.” 

Premier McLaughlin, in a statement to The Cayman Reporter on the HRC’s concerns, said he has pressed for disability legislation from the time he was a minister between 2005 and 2009.

Mr McLaughlin, in his statement on Thursday, contended that as the world over is commemorating ‘International Day of Persons with Disabilities’ under the theme – Inclusion matters: access and empowerment for people of all abilities one should that “all of us either are or will become disabled to one degree or another during the course of our lives.”

He stressed the need for society to show compassion and respect to persons with disabilities as they have a great role to play in shaping Cayman’s development as a country.

“Often, the societal image of persons with disabilities is impacted by attitudes based on stigma and discrimination, as well as archaic ideas about disability and persons with disabilities that are often the greatest barrier to their full and equal participation in society and development on an equal basis with others. Persons with disabilities must be enabled to fulfil their role in society and participate on an equal basis with others. To this end, it is important to focus on the ability and not on the disability of an individual,” he said in his statement.

He said the right to participate in public life is essential to create stable democracies, active citizenship and reduce inequalities in society.

“The estimated 1 billion people living with disabilities worldwide face barriers to inclusion in many key aspects of society. As a result, people with disabilities do not enjoy access to society on an equal basis with others, which includes areas of transportation, employment, and education as well as social and political participation,” he added.

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This weekend marks the fifth annual celebration of Cayman Thanksgiving, which is a weekend-long national celebration honouring Caymanian heritage and culture. It also marks the passage of hurricane season, which officially ends on 30 November each year.

This year, the annual Cayman Thanksgiving Homecoming concert has been merged with a mini-Agriculture Show & Family Fun Day featuring live entertainment, cooking demonstrations and tasting, a high school cook-off, live music and appearances by ‘Gimistory’ performers.

This event is free to the public and takes place on Saturday, 5 December from 7am to 1pm at the Agricultural Pavilion in Lower Valley.

We here at The Cayman Reporter join in the observance and encourage everyone to celebrate Cayman Thanksgiving in their own way. Whether it is by attending the organised festivities, preparing and hosting a meal for your family and friends, attending a service at the religious house of your choice, or celebrating in your own unique way.

There is also a prayer gathering celebrating Cayman Thanksgiving being hosted by the Cayman Ministers Association at the George Town Town Hall on Monday 7 December.

All of the observances, be they official or private, give us all the opportunity to express our gratitude for our good fortune in living in these Cayman Islands. For despite the issues we report on every day here at this newspaper, we believe that the Cayman Islands remain a wonderful place to live.

Those of us who originate from these shores welcome the many others who recognise the benefits of living here – this unique and special place that we call home.

Cayman Thanksgiving, while a relatively new tradition on our annual calendar, is a worthy one. This time allows us to celebrate all that we are, and all that we have to enjoy.

We support the promotion of local produce as part of Cayman Thanksgiving, and the recognition of our traditional Caymanian cuisine. It is a prime opportunity to support our local farmers and artisans.

Gathering together for a family meal also gives us all the chance to appreciate our relatives, both close and extended. We urge everyone to take the time to converse with some of our older Caymanians, and to listen to the stories they have to tell. In so many areas, our history is not a recorded one. As people leave this world, their stories often die with them, and we as a community lose their wisdom and the knowledge of our history and traditions.

Caymanians are also encouraged to extend the spirit of hospitality for which we are renowned and to welcome residents from other parts of the world to celebrate Cayman Thanksgiving with us. To share our culinary heritage with those who live among us, and to tell them our stories, making lasting friendships and strengthening the ties between us.

Cayman Thanksgiving, while marking the close of hurricane season, also ushers in the Christmas season for us. With this in mind, as we celebrate all things Caymanian this weekend, we encourage you to support Caymanian businesses this holiday season and to buy local. While there are many deals to be had by taking a quick shopping trip to the US, or by shopping on-line please bear in mind that by shopping locally we are all supporting the Cayman economy.

Beyond the benefit to the larger economy, we also remember a quote that we have seen circulating on social media: “When you buy from a small mom or pop business, you are not helping a CEO buy a third vacation home. You are helping a little girl get dance lessons, a little boy get his team jersey, a mom or dad put food on the table, a family pay a mortgage, or a student pay for college. Our customers are our shareholders and they are the ones we strive to make happy. Thank you for supporting small businesses!”

We sincerely hope that Cayman Thanksgiving will also highlight the importance of Caymanians supporting one another. There has long been the comparison of Caymanians as “crabs in a bucket” – meaning that when one starts to climb up, the others pull him down.

Let us take this time of celebration of our heritage and culture to appreciate all that Caymanians are, all that we have achieved, and all that we can achieve by supporting and respecting each other.

Happy Cayman Thanksgiving everyone!

The post Giving thanks appeared first on The Cayman Reporter.

As high level discussions at the United Nations Convention of Parties (COP 21) begin in Paris the Joint Ministerial Council has stressed as an “urgent need” the promotion and facilitation of renewable energy, as well as, climate change mitigation for Overseas Territories.
The Foreign and Commonwealth Office (FCO,) in a communiqué on the JMC which concluded on Wednesday evening (2 December), acknowledged the vulnerability of the Overseas Territories to climate change.

France’s Eiffel Tower illuminated with a climate change message for United Nations Convention of Parties (COP 21) which is currently in progress. Photo: UN

“Climate change has consequences, including coastal erosion, severe weather events and flooding, which have negative impacts on Territories’ ecosystems, public infrastructure, food security, resilience, health and welfare. Consequently we recognised the urgent need to promote and facilitate renewable energy and energy efficiency, and to address the challenges of energy security and climate change mitigation,” the FCO communiqué stated.
On Tuesday US President Barack Obama, speaking at the COP21, announced that the US will commit $30m to climate risk insurance schemes in the Pacific, Central America and Africa.
Climate Action Programme reported that the US Department of State indicated that the money “is part of a wider set of actions to assist nations that are the most vulnerable to climate change and will boost their resiliency to impacts such as rising sea levels, flooding and droughts.”
As part of the initiative the US will provide climate data, tools and services, and will incorporate climate change considerations into development assistance, the Climate Action Programme added.
COP21 is considered a make or break conference where countries are meeting to hammer out an agreement to address climate change and mitigation efforts/financing from larger countries to assist smaller countries with mitigation and adaptation efforts to stave off the effects of climate change.
The FCO communiqué stated that following the JMC “We supported the development of innovative sustainable energy solutions adapted to local conditions and an enabling regulatory framework for rapid deployment of such projects.”
All parties involved agreed to work with UK agencies to better understand “the risks posed by climate change to our environment, communities and economies and develop long-term adaptation programmes to minimise these risks.”
The importance of the marine environment was also acknowledged by the JMC, “especially to island communities, and the role of marine resources in economic development.”
According to the communiqué it was recognised that long term sustainable use of marine resources is a key element of overall marine conservation strategy for the Overseas Territories.
“Together we will strive to enhance the management of the marine ecosystem alongside local traditions and sustainable marine usage across the Overseas Territories. We affirmed that such enhancements must be based on the best available scientific research, must deliver clear objectives agreed by the elected representatives of the relevant Territory, and must be appropriately resourced to enable effective management and enforcement,” the communiqué stated.
This commitment is of particular consequence for Cayman especially in light of the ongoing environmental dispute over the construction of the cruise berthing and port facility which will cause irreparable damage to the coral reefs in the George Town harbour area.

The post JMC: Addressing climate change ‘an urgent need’ appeared first on The Cayman Reporter.

The students and staff of Triple C School joined in the global observance of International Day of Persons with Disabilities on Thursday 3 December by wearing yellow.
The Ministry of Education encouraged everyone in Cayman to dress in yellow for the day to show support for people living with disabilities. The global theme for the day was “Inclusion matters: access & empowerment for people of all abilities.”
The Ministry of Education is responsible for the Lighthouse School for children with special education needs and disabilities, and also for the Sunrise Adult Training Centre, which serves adults with special needs and disabilities. Photo submitted.

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Premier Hon Alden McLaughlin (r) says Cayman’s economy has gotten stronger under his party. Opposition Leader Hon McKeeva Bush says the Premier is “delusioned”.

“Business confidence has been restored” to the Cayman Islands economy making it “stronger” since the current government administration took over from the United Democratic Party (UDP), Premier Hon Alden McLaughlin announced on Wednesday, 25 November at the Legislative Assembly as he delivered the government’s Strategic Policy Statement (SPS.)

He said that, as a result, the country can expect further growth in private sector investment and overall economic growth within the next three to five years.

Premier McLaughlin mentioned some of the major private enterprisesset to propel this growth, including the Kimpton Seafire Hotel; the expansion of Camana Bay including a new hotel; the redevelopment of the old Hyatt site; redevelopment of Treasure Island into Margaritaville Beach Resort; and St James Point, a new $200 million hotel and resort at Beach Bay among other projects.

“Developers, from small to large, have seen the improvement in the economy and are preparing for an increased demand as condos sell and tourist arrivals increase. These all provide jobs and further enhance the economy as well as generate good revenues for government,” Mr McLaughlin said.

“Add to these plans to expand Health City, Cayman Enterprise City, and promising developments around intellectual property, strong financial services and increased tourism numbers, and there is no doubt that Cayman has a good mix of solid economic drivers for growth over the next three to five years,” he added.

Leader of the Opposition Hon McKeeva Bush disagreed with Mr McLaughlin’s assessment.

Mr Bush stated that the Premier has always been “delusioned by the few around him” and questioned the accuracy of Mr McLaughlin’s declaration of a “stronger” economy.

“If the economy is doing as good as he says why are so many people losing their homes and property? Why are so many people in financial trouble? Why are so many children going to school without lunch? And why are there so many people unemployed?” Mr Bush asked.

He continued, “The question he must answer is, what project has he brought to create a better economy? Has he created any revenue to make government coffers better? Has he reduced any fees on the financial industry as we had promised to do?”

Mr Bush contended that the developments Mr McLaughlin mentioned in his speech were the same ones he previously criticised as doing great harm to the country, Caymanians and the economy.

He accused the Premier of being “very wrong.”

“Why is the Dart group, Shetty hospital and Economic City, the hotel in Beach Bay, so suddenly the best thing that ever happened to Cayman? Why is the Dart Group so good now the PPM[People’s Progressive Movement] who claimed that the UDP was…”under Dart’s power,” is selling the whole of Safe Haven for $14 million? Obviously all of the good he claims is being done now by those entities, was the reason those entities were chosen by the UDP to bring the benefits we said then they would bring,” Mr Bush said.

“It’s a tale of the Emperor’s New Clothes! Our people are suffering and better must come. It will not by the PPM,” the Opposition Leader stated.

The post Premier and Opposition Leader disagree on economy appeared first on The Cayman Reporter.

Cultural icon Aunt Julia will be buried on Saturday 3 December.

The funeral service of the late Julia Almeria Hydes, formerly the oldest living Caymanian, will be held on Saturday, 3 December at Wesleyan Holiness Church on North West Point Road, West Bay.

Aunt Julia passed away on Monday, 30 November at 106 years old.

She was described as a “cultural icon”, “national treasure” and “talented musician” who was well respected in the community and well decorated with awards.

“The family is doing very well. We were expecting this even though we didn’t want it to happen,” said Aunt Julia’s son, Lewie CeatoHydes.

“She was very old and she was very uncomfortable because she was a person who liked to move about and do things on her own. Now she couldn’t do that, so the good Lord took her,” he said.

He said the family expects the funeral to be well attended. They also thank everyone for all the help and condolences extended to the family members and the tributes they gave to Aunt Julia.

“I think they spoke the truth and spoke it from their hearts and it was very enjoyable for us to hear it,” Mr Hydes added.

He described his mother as a hard woman to deal with and there was no hiding from her.

“If she tell you to bend, you better bend or else you were going to get beaten,” he laughed.

However, she was a loving mother who taught her children that “hard work can’t kill nobody”, said Mr Hydes, and she will be missed.

The post Aunt Julia’s funeral on Saturday appeared first on The Cayman Reporter.

New CONCACAF president arrested in Zurich

Mere hours after his replacement was arrested in Zurich US officials announced that Jeffrey Webb, former FIFA vice president, CONCACAF president, Caribbean Football Union Executive Committee member and Cayman Islands Football Association president, had switched his plea on corruption charges to guilty.
US Attorney General Loretta Lynch, addressing a media conference in Washington on Thursday (3 December) to announce the arrests of 16 more FIFA officials including CONCACAF president Alfredo Hawit on Thursday afternoon, announced that Mr Webb, a Caymanian, had opted to change his not guilty plea to guilty.
According to a statement from the USDoJ Mr Webb, 50, pleaded guilty to racketeering conspiracy, three counts of wire fraud conspiracy and three counts of money laundering conspiracy on 23 November. The documents of his plea agreement were unsealed on Thursday, as well as the plea agreements of seven other officials and media companies executives, all of whom pleaded guilty to their charges.

Arrested- Confederation of North, Central America and the Caribbean Association Football (CONCACAF) President Alfredo Hawit and former FIFA vice president Caymanian Jeff Webb in happier times. Webb pleaded guilty to his charges on 23 November. Hawit, together with Conmebol president Juan Angel Napout, was arrested Thursday morning (3 December) at the Baur au Lac Hotel, Zurich on corruption charges. Photo:www.Diez.hn

“As part of his plea, Webb agreed to forfeit more than $6.7 million,” the statement indicated.
The USDoJ indicated that those who pleaded guilty agreed to forfeit more than $40 million. All money forfeited by the defendants is being held in reserve to ensure its availability to satisfy any order of restitution entered at sentencing for the benefit of any individuals or entities that qualify as victims of the defendants’ crimes under federal law, the statement indicated.
Ms Lynch announced, at the media conference, that a 92-count superseding indictment was unsealed earlier today in federal court in Brooklyn, New York, charging an additional 16 defendants with racketeering, wire fraud and money laundering conspiracies, among other offenses, in connection with their participation in a 24-year scheme to enrich themselves through the corruption of international soccer.
Mr Hawit was arrested in Zurich on suspicion of bribery, throwing the regional football body into disarray once again.
Mr Hawit, together with CONMEBOL president Juan Angel Napout, according to BBC.com were taken from the Baur au Lac hotel, Zurich, the same hotel where several FIFA officials were also arrested in May.
The arrests stem from a US Department of Justice request.
On Thursday morning the regional football body issued a media statement confirming the arrest of its “acting and statutorily appointed President, Mr. Alfredo Hawit.”
CONCACAF, in its statement, said it continues to cooperate with all government authorities in their investigations to the fullest extent.

“CONCACAF remains committed to implementing fully the Reform Framework that it announced in July of this year. The majority of these reforms have already been implemented in CONCACAF’s administrative and compliance structures,” it said.
Mr Hawit, 64, is interim president for North, Central America and Caribbean football, while Napout, 57, oversees football in the South American confederation.
They now join the growing list of FIFA officials caught in the corruption scandal that has rocked the world’s most powerful sports governing body.
Former FIFA vice president Jack Austin Warner has also been netted in the US-led corruption probe. He is currently facing extradition from his home country Trinidad and Tobago.
CONCACAF, in its statement, said “Today’s (Thursday’s) developments only strengthen the Confederation’s resolve in continuing to enact significant structural and governance changes to the organization, including substantial amendments to its statutes and fundamentally changing how it conducts business.”
The regional sports body declined further comment in the developing situation.
“At present, CONCACAF is not in a position to comment further on the specific allegations, which are the subject of the indictments,” it stated.
Now facing charges:
As set forth in the superseding indictment, the 16 newly indicted defendants are all current or former soccer officials who acted at various times in a fiduciary capacity within FIFA and one or more of its constituent organizations:
CONCACAF Region Officials
• Alfredo Hawit: Current FIFA vice president and Executive Committee member and CONCACAF president. Former CONCACAF vice president and Honduran soccer federation president.
• Ariel Alvarado: Current member of the FIFA Disciplinary Committee. Former CONCACAF Executive Committee member and Panamanian soccer federation president.
• Rafael Callejas: Current member of the FIFA Television and Marketing Committee. Former Honduran soccer federation president and President of the Republic of Honduras.
• Brayan Jiménez: Current Guatemalan soccer federation president and member of the FIFA Committee for Fair Play and Social Responsibility.
• Rafael Salguero: Former FIFA Executive Committee member and Guatemalan soccer federation president.
• Héctor Trujillo: Current Guatemalan soccer federation general secretary and judge on the Constitutional Court of Guatemala.
• Reynaldo Vasquez: Former Salvadoran soccer federation president.
CONMEBOL Region Officials
• Juan Ángel Napout: Current FIFA vice president and Executive Committee member and CONCACAF president. Former Paraguayan soccer federation president.
• Manuel Burga: Current member of the FIFA Development Committee. Former Peruvian soccer federation president.
• Carlos Chávez: Current CONMEBOL treasurer. Former Bolivian soccer federation president.
• Luís Chiriboga: Current Ecuadorian soccer federation president and member of the CONMEBOL executive committee.
• Marco Polo del Nero: Current president of the Brazilian soccer federation. Announced resignation from FIFA Executive Committee on Nov. 26, 2015.
• Eduardo Deluca: Former CONMEBOL general secretary.
• José Luis Meiszner: Current CONMEBOL general secretary.
• Romer Osuna: Current member of the FIFA Audit and Compliance Committee. Former CONMEBOL treasurer.
• Ricardo Teixeira: Former Brazilian soccer federation president and FIFA Executive Committee member.

The post Jeff Webb pleads guilty appeared first on The Cayman Reporter.

It appears that the biblical story of David and Goliath was repeated in Lancaster House, London as Overseas Territories (OTs), led by CI Premier Hon Alden McLaughlin, managed to slay the burgeoning giant of a potential public register of beneficial owners at the conclusion of the Joint Ministerial Council (JMC) on Wednesday evening (2 December).
This as the Foreign Commonwealth Office (FCO), through a communiqué, announced that the JMC agreed “to hold beneficial ownership information in our respective jurisdictions via central registers or similarly effective systems.”
By this declaration it is clear the OTs, in particular Premier McLaughlin, can stake claim to victory against being forced to implement a public registry of beneficial owners which would allow open access to the names of owners of registered business. Instead, the OTs agreed to individual centralised registers that will be accessible to tax/law enforcement agencies.

Premier Hon Alden McLaughlin and UK Minister for the Overseas Territories James Duddridge.

Premier McLaughlin, speaking with The Cayman Reporter on the JMC meeting, said the discussions were “intense and strained on occasion, but constructive.”
Mr McLaughlin hastened to add, “In the end, it is the result that matters and we have a good result.”
Minister for the Overseas Territories James Duddridge, when questioned on Thursday (3 December) by fellow parliamentarians on whether the Cayman Islands “blankly refused and is making no moves on these matters of beneficial ownership”, said, “Often there are quite extensive discussion and sometimes quite robust discussion but late last night we got there and we have a shared understanding and it moves us further forward.”
On Thursday the Office of the Premier issued a formal statement on the JMC and the FCO’s communiqué in which Premier McLaughlin contended that “Our position on beneficial ownership, and our zero tolerance position on corruption and illicit activity, remains unchanged.”
He noted that the JMC communiqué recognised “the appropriateness of Cayman’s regime to tackle the global issue of serious crime including corruption and serious fraud.”
The Office of the Premier’s media statement pointed out that the FCO communiqué affirmed the position taken by Mr McLaughlin in the Legislative Assembly last Thursday (26 November) specifically that the OTs should not be referred to as tax havens.
Additionally, the statement pointed out that, “There is agreement to hold beneficial ownership information in central registries or ‘similarly effective mechanisms’, there is no agreement to public registries and there is no agreement to direct access to information by foreign law enforcement, tax or regulatory authorities.”
No further explanation was given on what the FCO referred to as “similar effective mechanisms.”
The FCO, in its communiqué, said the JMC discussed the details of how those centralised systems in the OTs should be implemented, “including through technical dialogue between the OTs and UK law enforcement authorities on further developing a timely, safe and secure information exchange process to increase our collective effectiveness for the purposes of law enforcement.”
“We agreed that addressing this issue would be given the highest priority and that progress on implementation would be kept under continuous and close review,” the FCO added.
It also recognised that central registries are not the only effective medium by which beneficial ownership information may be properly held.
Premier McLaughlin contended that, “Unfortunately, there has too often been a mischaracterisation of the issue of beneficial ownership and of public central registers being the only solution for sharing of information in terms of tax cooperation and collaboration in relation to the global investigation and prosecution of serious crime such as corruption and serious fraud.”
In recent months leading up to the JMC the UK had been adamant that OTs, especially Cayman Islands, British Virgin Islands and Bermuda, agree to the creation of a public register of beneficial owners as part of their adherence to tax and financial transparency.
Heading into the JMC Minister Duddridge indicated that he would press for the creation of the public register.
However Premier McLaughlin, before heading to the JMC, made it clear he would not agree to a public register which would have the effect of undermining Cayman’s financial services industry and give this country’s competitors an unfair advantage.
He said the UK’s position on the issue had evolved to the point where it is now seeking direct access by its law enforcement agencies to beneficial ownership information in Cayman and other overseas territories such as the British Virgin Islands and Bermuda. However the Premier said, “I have advised him that this is not something which the Cayman Islands can agree.”
The Premier, in his statement on Thursday, said, “From any objective perspective, we are transparent for tax purposes and we collaborate to avoid an abuse of our system by criminals.”
He said Cayman has effective mechanisms in place for the sharing of information for tax purposes both on request and by automatic exchange of information.
“These mechanisms have been assessed and blessed as being in accordance with current international standards. They include bilateral tax information exchange agreements and multi-lateral approaches such as the Multilateral Convention in relation to which we were an early adopter and in relation to which a total of 90 countries will now be automatically reporting in 2017 or 2018, in accordance with Common Reporting Standards promulgated by the OECD. Other bilaterals include both the US and UK FATCA-styled inter-government agreements,” the Premier explained.
Minister for Financial Services Hon Wayne Panton, who also attended the JMC, noted the significance of the meeting and “the mark of its success, is that we have advanced a mutual understanding with relevant UK agencies.”
“The core issue, for the UK and its territories, is to further enhance our cooperation on investigations related to serious crime,” Mr Panton said.
To this end, the Minister revealed, Cayman has invited representatives from the UK’s National Crime Agency and the Serious Fraud Office to engage with its Attorney General’s Chambers and Financial Intelligence Unit “in order to improve effective and efficient collaboration.”
The FCO, addressing the issue of tax transparency, said that it was noted that the OTs were responsible for their own tax rates and generating the revenue necessary for the provision of essential public services.
“It is not appropriate to refer to British Territories as ‘tax havens’,” the communiqué declared.
This was a point previous stated by British Prime Minister David Cameron.
The FCO indicated that “all Overseas Territories with financial services confirmed their full commitment to international co-operation in tax matters, and to the fight against money laundering, tax evasion, illicit finances and corruption. This was reflected not only in adherence to bilateral and multilateral agreements, but also in implementing the FATF standards and enforcing legal instruments in everyday practice.”
It said that the JMC underlined the active participation of territories with financial services sectors in the OECD Global Forum on Transparency and Exchange of Information for Tax Purposes and welcomed the commitment of those Territories to be early adopters of the new OECD global standard on tax transparency, with first exchange of data taking place in 2017.
“We committed to sustaining successful international centres that contribute to the prosperity and development of our societies, recognising the importance of transparency, effective legal systems and good governance in achieving this. We acknowledged the importance of bilateral engagement on matters affecting Territories’ financial services sectors,” the FCO added.
Minister Panton, in the Office of the Premier statement, also underscored the decision by the UK and the British Territories to include in the communiqué that it is inappropriate to refer to the territories as tax havens, and that the territories are responsible for their own tax rates and generating public revenue.
The communiqué also recognises the contribution of the Overseas Territories’ international financial services industries to the global economy.
“As an international centre, Cayman welcomes this acknowledgement that we support the prosperity and development in the global economy,” Minister Panton said.
However while the OTs may claim victory transparency advocates described as a “small step” the agreement of the OTs to create centralised registers.
Rosie Sharpe, campaigner at Global Witness, in a statement on Thursday, said “The UK’s Overseas Territories lie at the heart of the global secrecy industry; companies registered here are the most abused in the world.”
A study by the World Bank into more than 200 cases of grand corruption concluded that companies from the UK’s Overseas Territories are most popular with the corrupt.
Sharpe contended that “Creating centralised registries of company ownership is a small step forward but it falls short of what is needed. The information must be fully public.”
She contended that in addition to falling short as a result of not making beneficial ownership information public, there are also concerns that no timetable was set out.
Additionally, she said, “The communique allows the Overseas Territories to create ‘similarly effective systems’ but does not define what this means.”

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Business owners are seeing a change in requirements for Trade and Business Licenses. The Department of Labour and Pensions (DLP), in conjunction with the Department of Commerce and Investment (DCI), has introduced a pension Certificate of Compliance, which will replace the practice of utilising Letters of Good Standing. These letters were required for business owners to obtain Trade and Business Licences.
The use of the Certificate of Compliance Pension Enrollment Form for pensions took effect on 1 December 2015. Also as of 1 December the DCI now requires that certificates be submitted when business owners apply under the Government incentives programme for trade and business licences.
Businesses also may need to have a Certificate of Compliance for other reasons, such as applying for a Government tender.
These documents will provide stronger evidence that the respective employer is in compliance with the National Pensions Law, which is required by DCI in order to issue a Trade and Business Licence.
Employers will need to complete the Certificate of Compliance with their respective Pension Plan Administrator or Administrators. When the necessary information has been received and approved, Pension Plan Administrators will complete their section of the form within 3 – 5 business days.
The Certificate of Compliance is valid for 6 months.
The Certificate of Compliance Form and guidance notes are available at the Department of Labour and Pensions. They and will also be made available on the websites of the DLP (www.npo.gov.ky) and the DCI (www.dci.gov.ky).
The DLP will continue to enforce pension compliance through employee complaints, statutory delinquency reporting, inspections, and inter-agency cooperation.
For more details or assistance regarding pensions, please contact the DLP at 945- 8960, email logsdlp@gov.ky, or visit their website www.npo.gov.ky.
Business owners in Grand Cayman who need further assistance in relation to trade and business licensing may contact DCI on 945-0943 or info@dci.gov.ky. In the Sister Islands, please call 948-2400 or email info@dci.gov.ky.

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