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CCJ dismisses part of discrimination lawsuit in Clico bailout

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(Trinidad and Tobago NEWSDAY) — Part of a discrimination case brought against the State by a group of Clico and British American policyholders from the Eastern Caribbean was dismissed on Wednesday by the Caribbean Court of Justice (CCJ).

The group claim they were discriminated against after the TT government bailed out CL Financial in 2009 but excluded CL’s Bahamas-based subsidiary British American Insurance Company Limited (BAICO).

The group of mainly Grenadian and Antiguan policyholders filed an original jurisdiction leave application at the CCJ, claiming they were discriminated against by Trinidad and Tobago.

They argued that a plan to protect the funds of policyholders of certain subsidiaries of CL Financial, after its collapse, discriminated against British American policyholders on the basis of nationality.

In delivering the judgement, one of the CCJ’s panel of judges, Winston Anderson said: “There was no suggestion that either the Government of TT, the Ministry of Finance or the Central Bank of TT, when making the relevant decisions;

“Assuming control of Clico and BAT and taking control of CLF’s assets in exchange for the liquidity support, were doing so on a profit-making basis, or for the purpose of participating and seeking superiority or supremacy in the single market alongside or against economic enterprises within the defendant or within member states.”

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It was claimed that the State contravened Article 7 of the Revised Treaty of Chaguaramas, when it bailed out the conglomerate. That aspect was rejected by the judges, who included president Adrian Saunders, Maureen Rajnauth-Lee, Andrew Burgess and Peter Jamadar.

Article 7 deals explicitly with discrimination against member states based on nationality.

The judges ruled that the bailout was the TT government exercising its authority within its country and not an act of discrimination and in keeping with Article 30(3)(d) of the Treaty.

The other aspect of the lawsuit, which the judges allowed to continue, stated that the government breached Articles 36 and 184(1)(j) of the Treaty.

Article 184 (1) (j) demands that member states provide adequate and effective redress for consumers, while Article 36 addresses the prohibition of new restrictions to member states on the provision of services.

The group is being represented by Simon Davenport, KC, Kenny Anthony, Robert Strang, Gregory Pantin, Matthew Happold, George Kirnon and Miguel Vasquez.

TT is represented by Deborah Peake, SC, Tamara Toolsie, Brent James and Murvani Ojah Maharaj.

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REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

 

OECS MSME Guarantee Facility Project

Loan No.: IDA-62670, IDA-62660, IDA-62640, IBRD-88830, IDA-62650

Assignment Title: Senior Operating Officer (SOO)

Reference No. KN-ECPCGC-207852-CS-INDV

 

The Governments of Antigua and Barbuda, Commonwealth of Dominica, Grenada, St. Lucia and St. Vincent and the Grenadines have received financing in the amount of US$10 million equivalent from the World Bank towards the cost of establishing a partial credit guarantee scheme, and they intend to apply part of the proceeds to payments for goods, and consulting services to be procured under this project. 

The consultant will serve as the “Senior Operating Officer (SOO)” for the ECPCGC and should possess extensive knowledge of MSME lending with some direct experience lending to Micro, small and medium-sized businesses, knowledge of the internal control processes necessary for a lending operation and the ability to design and implement risk mitigation procedures. The ideal candidate should possess an Undergraduate Degree from a reputable college or university, preferably in Business, Accounting, Banking or related field, with a minimum of 5 years’ experience in lending, inclusive of MSME lending. The initial employment period will be for two years on a contractual basis. Renewal of the contract will be subject to a performance evaluation at the end of the contractual period. The assignment is expected to begin on September 30th, 2021.  The consultant will report directly to the Chief Executive Officer of the ECPCGC.

The detailed Terms of Reference (TOR) for the assignment can be viewed by following the attached link below. 

 

https://bit.ly/3iVannm

 

The Eastern Caribbean Partial Credit Guarantee Corporation (ECPCGC) now invites eligible “Consultants” to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have:

  • An Undergraduate Degree from a reputable college or university, preferably in Business, Finance, Banking or related field; and
  • Minimum of 5 years’ experience in MSME lending. Applicants should also have:
  • The ability to design and implement risk management procedures 
  • Extensive knowledge of MSME lending with some direct experience lending to small and medium-sized businesses
  • Extensive knowledge of MSME banking operations
  • Knowledge of the internal controls necessary for a lending operation and the ability to design and implement risk management procedures
  • Experience developing and presenting information in public, including responding to questions in real-time
  • Experience lending to MSMEs located in the ECCU
  • Knowledge of marketing and communicating with the MSME sector
  • Ability to draft procedures to be used in a lending operation
  • Familiarity with the mechanics of a loan guarantee program
  • Exceptional written, oral, interpersonal, and presentation skills, and
  • Proficiency in the use of Microsoft Office suite.

The attention of interested Individual Consultants is drawn to Section III, Paragraphs 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers July 2016, [revised November 2017] (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. A Consultant will be selected in accordance with the Approved Selection Method for Individual Consultants set out in the clause 7.34 of the World Bank Procurement Regulations for IPF Borrowers. 

 

Further information can be obtained at the address below during office hours 0800 to 1700 hours:

Eastern Caribbean Partial Credit Guarantee Corporation

Brid Rock, Basseterre,

St. Kitts.

Expressions of interest must be delivered in a written form by e-mail by August 11th, 2021, to [email protected]

 

For further information, please contact:

Carmen Gomez-Trigg                                                            Bernard Thomas

Chief Executive Officer                                                          Chief Financial Officer

Tel: 868-620-8144                                                                  Tel: 869-765-2385

Email: [email protected]                                          [email protected]