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Guyana's president cites conflict of interest by cement company head

Published on Wednesday, October 14, 2009Email To Friend    Print Version

GEORGETOWN, Guyana: Guyana’s President Bharrat Jagdeo has raised concerns over what he termed a “conflict of interest” by the chairman of the Caribbean Court of Justice (CCJ) Trust Fund Dr Rollin Bernard since he is the chief executive officer (CEO) of the Trinidad Cement Limited (TCL) that made a contempt of court charge against the Guyana government over suspension of the Common External Tariff (CET) on Cement coming from extra-Regional sources.

Guyana had removed the Common External Tariff (CET) on cement several years ago and the CCJ on August 20 ruled that it had to be reinstated within 28 days, an order the Guyana government has since applied to the court to have suspended until year-end.

Guyana President Bharrat Jagdeo. AFP PHOTO
Addressing the media on Monday, Jagdeo sought to confirm reports that the CARICOM heads had recognised that TCL’s CEO Dr Rollin Bertrand’s position as chairman of the CCJ Trust Fund is less than ideal.

“At the CARICOM heads of government meeting… it was discussed in caucus, but many heads were concerned about the conflict of interest that existed between the person who chairs the CCJ’s Trust Fund and who came in regular contact with the court is also the CEO of TCL and TCL was the first company that sought redress from the court. The heads concluded that this is conflict of interest.” Jagdeo said.

Addressing the current saga between Guyana and TCL over this country’s removal of tariffs on cement from extra regional sources, the president has said Guyana’s actions were in keeping with a CARICOM heads of government decision taken some time ago when it was decided that they should remove the CET from those goods that achieve international competitiveness “and as far as I am concerned cement has achieved that status.”

Jagdeo has accused the Trinidad-based cement company of duplicity.

“Even when TCL is saying it can supply Guyana in bilateral discussions, with some other countries it has agreed that they can import some cement; it is duplicitous on the part of TCL,” Jagdeo said

Prior to the CCJ’s August 20 ruling, Guyana had applied to CARICOM for a waiver of the CET and the matter was discussed at last week’s Council for Trade and Economic Development (COTED) meeting in Barbados.

Questioned on the outcome of the COTED meeting regarding this now contentious issue, Foreign Affairs Minister Carolyn Rodrigues- Birkett said they were following a process based on another CCJ ruling in August on the application of the CET.

The court had ruled that the procedures used by CARICOM for CET waivers were partially flawed while it upheld a waiver granted to Jamaica by the CARICOM secretary- general in 2008.

“We have to be clear on our procedures in dealing with the CET. At COTED, we approved the procedures both for the secretary- general and for COTED and so all requests for suspension of the CET would follow those procedures,” said Rodrigues- Birkett.

TCL has since filed an application with the CCJ seeking to have Guyana held in contempt of court for not reinstating the CET in the 28-day period. The government, in turn, has filed an application seeking to have a stay of execution on the order or alternatively an amendment.

The government has said that Guyana’s macroeconomic stability would be adversely affected if it reinstated the CET at this time.

According to the government’s application, the Finance Ministry had concluded that the economy would suffer “if the status quo is not maintained for the next six months”. The CCJ is to hold a teleconference with the two parties on Wednesday.

The CCJ’s August 20 ruling followed the lawsuit filed by TCL Guyana Inc and TCL against Guyana for removing the regional CET and the court ruled that Guyana breached the provisions of Article 82 of the Revised Treaty of Chaguaramas by failing to implement and maintain the CET since October 2006. The government accused the companies of profiteering given their dominant presence in the market.
 
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