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  • High Court allows Alfa Nero sale to proceed – but owners granted permission to challenge Port Authority’s actions

High Court allows Alfa Nero sale to proceed – but owners granted permission to challenge Port Authority’s actions

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(Observer Newsco) — A High Court judge in Antigua and Barbuda has allowed two applicants to file for judicial review challenging the Port Authority’s decision to sell the Alfa Nero. However, the same judgment gives the green light for the sale of the superyacht to continue. CLICK HERE TO JOIN OUR WHATSAPP GROUP FOR NEWS UPDATES.

The US$81 million vessel has been in the spotlight following its entry into Antiguan waters more than a year ago.

On June 1, Ambassador to the US Sir Ronald Sanders revealed that the Alfa Nero – said to be owned by sanctioned Russian businessman Andrey Guryev – was no longer “blocked property” paving the way for its sale.

Antigua and Barbuda is keen to remove the vast vessel from Falmouth Harbour claiming it poses a threat to both its environment and other yachts, particularly as peak hurricane season approaches.

In court papers that Observer has seen, Vita Felice Ltd claims to be the owner of several works of art on board the vessel, while BVI-registered firm Flying Dutchman Overseas Ltd claims ownership of the boat.

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Both entities are said to be managed by Guernsey-based fiduciary services company Opus Private Ltd and its CEO Shane Giles.

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According to the judgement, Flying Dutchman and Vita Felice applied on May 22 to prevent the sale of the Alfa Nero on several grounds including procedural unfairness and non-applicability of the sanctions.

Firstly, the applicants sought to argue that section 38A of the recently amended Port Authority Act violated their rights under the Constitution.

They also argued that the Port Authority and the government have “resolutely refused to engage at all with the company concerning the fate of the [superyacht]”, and in the interest of fairness in selling the vessel, it was required that “at a minimum there must be some willingness to engage with the owners of the vessel which it is proposed to seize and sell”.

The court papers reveal that in March attorney-at-law Justin Simon and the Opus Private CEO unsuccessfully sought to contact the Attorney General about the applicants’ ownership of the vessel prior to its sale.

It was also reported that on April 4, Giles emailed Port Manager Darwin Telemaque regarding the applicants’ claim of ownership, further advising that they were seeking the necessary licence from the Office of Foreign Asset Control (OFAC) within the US Treasury Department in order to lift sanctions associated with the vessel.

According to the judgement, Telemaque did not indicate whether he had responded to the April 4 email at the time, having reportedly said that the applicants did not request a deferral nor provided any evidence that they reached out to OFAC.

On April 8, Telemaque was reported to have responded to Giles and other persons, emailing them a notice of seizure of the vessel.

In the judge’s decision, he said that while the Port Authority Act does not “expressly impose a duty on the [Port Authority] to engage with anyone claiming to be the owner of an abandoned vessel”, “such a duty is implied in the interests of fairness”.

The judge said it was worth debating whether the Port Authority should have responded to the purported owners, stating that the evidence provided by the company that it had engaged with OFAC was insufficient at the time.

The applicants also argued that the vessel was no longer deemed to be a “blocked” property by OFAC and the CEO also questioned the nature and extent of any sanctions imposed in relation to the vessel.

The Attorney General argued on June 2 that the designation had been lifted by OFAC, but it was only to facilitate the sale of the vessel by the government.

The judge wrote that “these issues are better left to be determined at the substantive hearing of the claim”.

He also said that the issue of sanctions was relevant as it would determine whether the proceeds of any sale were to be forfeited into the country’s Consolidated Fund.

The impact of the judgement on the eventual sale of the vessel is ultimately unclear as the court has also refused to prevent the sale process from continuing.

This refusal was mainly based on the potential environmental damage and other risks posed by the vessel if left untreated or unresolved.

Port Manager Darwin Telemaque told Observer last night, “What we wanted was to liquidate the asset that was a major threat to its environment, and we have been granted permission by the courts to do so.”

Attorney Andrew O’Kola, representing the applicants, could not be reached to comment.

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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]