MEDIA RELEASE

20.04.2016

 AMCHAM T& T WELCOMES THE NEW US AMBASSADOR TO T&T

The American Chamber of Commerce of Trinidad & Tobago would like to extend a warm welcome to His Excellency, John L. Estrada on his appointment as the new US Ambassador to Trinidad & Tobago.

Since its inception 24 years ago, AMCHAM T&T and the US Embassy have cultivated a close working relationship. This relationship remains important as the United States maintains its position as Trinidad and Tobago’s largest trading partner. This and other issues were discussed when the Ambassador met with Ravi Suryadevara and Nirad Tewarie, AMCHAM T&T’s President and CEO, earlier in April, 2016.

On welcoming the US Ambassador to Trinidad & Tobago, Suryadevara said: “It was clear in our initial meeting that AMCHAM T&T and Ambassador Estrada have shared priorities. His wide ranging expertise and energy will undoubtedly amplify an already strong relationship that AMCHAM T&T shares with the embassy, and further increase business and trade ties between our countries”.

A son of the soil, the Ambassador, was born and raised in Laventille, Port of Spain. He would later emmigrate with his family to the United States at the age of 14.  A true success story, Ambassador Estrada has had many professional achievements throughout his career. He has served as a Presidentially-appointed Commissioner on the American Battle Monuments Commission; as a  Committee Member of the Defense Advisory Committee on Women in the Services; a member of the National Board of Directors for Operation Homefront; and on the Executive Committee for the United Services Organization.  Ambassador Estrada also has a Bachelor’s degree in Business Management from the University of Phoenix.

Prior to his confirmation, Ambassador Estrada was Senior Manager for Lockheed Martin Training Solutions. Ambassador Estrada served in the U.S. Marine Corps for 34 years, most notably as the 15th Sergeant Major of the United States Marine Corps – the nation’s highest-ranking enlisted Marine.

As The Pathway to the Americas, AMCHAM T&T continues to widen its scope of involvement and engagement with its counterparts in the Western Hemisphere, and as such remains committed to deepening its connection with the United States of America.

His Excellency is scheduled to be the feature speaker at AMCHAM T&T’s 23rd Annual General Meeting, which will take place on Thursday 12th May, 2016 at the Hilton Trinidad & Conference Centre.

END

MEDIA RELEASE

8.04.2016

AMCHAM T&T’S INITIAL RESPONSE TO THE 2016 MID-YEAR REVIEW:

NEED FOR FURTHER ADJUSTMENT

The American Chamber of Commerce of Trinidad & Tobago continues to appreciate the difficult position that the Government has faced in the past six months. We understand the delicate balance that exists in trying to stimulate economic growth, social stability and encourage trade and investment.

We recognize the adjustment of the oil and gas prices assumption to more prudent figures of $35 per barrel and $2 per mmbtu natural gas as a necessity of the current circumstances. In light of the prevailing economic conditions, AMCHAM T&T supports the reduction in the fuel subsidy.

AMCHAM T&T would like to see more definitive and strong actions with respect to the further diversification of the economy. Focus should be targeted towards the areas that are intended to act as a buffer while tax revenues from the energy sector are projected to remain low.

We are grateful that the Minister recognizes the delay in meeting the statutory timeline for VAT refunds and the burden it places on businesses. However, systemic challenges within the BIR necessitates that more than legislative amendment is required to alleviate the challenges that stakeholders face. We are hopeful that the penal provisions against the State for delay in VAT refunds is unaltered in the amendment. We continue to advocate for the formation of the Revenue Authority and for the introduction of other mechanisms to increase the efficiency of tax revenue collection, as AMCHAM T&T highlighted in previous budget submissions in much detail.

The foreign exchange rate, articulated by the Minister of Finance is a step towards finding a balance in satisfying foreign exchange demand. We remain vigilant in the near term to monitor the effects this has on the wider community, to determine what further action is required.

AMCHAM T&T requests of the Minister of Finance to carefully consider the government’s position on the application of the 7% levy on online purchase on retail companies not resident in T&T.  Internet shopping has proven to increase efficiency in spending, by lowering cost overall and increasing choice to the end consumer. There is a global shift to internet shopping migrating from traditional retail. Government agencies currently benefit from internet sourcing and purchases both in revenue generation by actually offering internet shopping as a revenue earner, and as a cost reduction mechanism, in sourcing critical parts for police vehicles, ambulances etc. There is a greater need for efficiency in Customs. Many other smaller CARICOM economies, have implemented a de minimums system, freeing up the system to increase efficiency, rather than adding more taxes. This tax or any additional on-line tax will significantly impede a growing industry which employs hundreds of people directly and more indirectly in light of the Government’s need to create new revenue streams.

AMCHAM T&T remains committed to working with the government in addressing the present economic challenges. We recognize the Government’s effort in bringing a measure of balance to the present circumstances and avail ourselves to dialogue on the way forward.

AMCHAM T&T was asked to provide comments on the Whistleblower Protection Bill 2015 for the Joint Select Committee for their consideration.  The comments which are outlined below provide a number of section specific suggestions that we believe would further aid in protecting whistleblowers as well s general comments as it relates to the implementation and enforcement of the law.

 

 

Section	Concern	recommendation/comment
Definition of “detrimental action”	Should extend beyond the person making the disclosure to include immediate family members.	Definition of detrimental action should extend beyond the person making the disclosure to include immediate family members (who may also be the subject of detrimental action as a result of the disclosure).
Definition of “improper conduct”	The non-qualification of the paragraph (e)	This should be tied to offences under the Environmental Management Act.  The current definition could be creating liability about non civil or criminal misfeasance
Definition of “improper conduct”	The non-qualification of the paragraph (f)	This should be tied to offences under the Integrity in Public Life Act.  See above.
Definition of “improper conduct”	The inclusion of the word “unfair”	All discrimination is unfair.  The need to prove “unfairness” is unnecessary.
Definition of “improper conduct”	The definition of “protected disclosure”	There is no section 11(4) in the Act.  This section needs to be amended to include the correct section reference.  There is also no section 14(6).  This needs to be corrected.
Definition of “improper conduct”		This should include false claims made against the State for the benefit of a person or organization. For example, where there are claims of works performed, inflated costs for goods and services, claims for state support or benefits where not qualified for same.
Definition of “improper conduct”	definition in the local bill has too broad a scope	In the Maltese legislation, the definition of “improper practice”  (which is that Act’s equivalent of “improper conduct” in the local bill and in the Jamaican Act, though it is not identical to these) is qualified by a “de minimis”  rule of interpretation which essentially provides that very minor or trivial matters should not fall under the provisions of the legislation. A similar provision would be useful in the local legislation to prevent abuse of the legislation and bring public interest disclosures the focus of the legislation.
The definition of “public body”		Add the words “as amended or replaced from time to time” after the reference to Public Procurement and Disposal of Public Property Act, 2015.
Section (4) – What is to be done with an oral disclosure	It is unclear what is to be done after the disclosure is reduced into writing	Perhaps the intention is to have the disclosure sent somewhere? This needs to be explicitly included in the section.
Section 8	The expression “legal professional privilege” should be defined	This can be defined by reference to the Legal Professions Act
Section 9	Lack of clarity	“discard” should include identifying procedures for destroying all documents related to the disclosure, given the potential liability if these false claims are not destroyed and later disseminated.
Section 12 (1)	Timeframe ambiguous.	“reasonable time” is ambiguous and action should be taken within a specified period, even if it is to advise that no progress has been made.
Section 12 (2)	Judgment of the Whistleblowing reporting officer	Is the reporting officer likely to be able to determine whether conduct “constitutes a criminal offence”? The determination instead, should be whether the conduct “may constitute a criminal offence. Once that determination is made, the referral to a designated authority should be mandatory, with the word “shall” being substituted for the word “may”.
Section 12(4)	The prohibition is against disclosure of the identity of the whistleblower.	This should be extended to the content of the disclosure as well.  We suggest adding the words “or the disclosure itself” between the words “whistleblower” and “except” in line 4
Section 14 (1)( c) (iii)	Lack of clarity.	What does “senior officer” mean? Does it refer to Directors and other Chief Officers or does it also extend to the whistleblower’s senior (at whatever level he/she may be at).
Section 14 (1) (c ) (iv)	Lack of clarity.	This sub-section is vague, and it may be useful to equate urgency with irreparable harm for injunctive relief and further clarify the meaning of “exceptional circumstances”.
Section 14(3)	Why is this necessary? If the disclosure is made externally why should it be bounced around?	The productiveness of this proposed bouncing around of responsibility between internal and external recipients of disclosures should be re-examined. It should also be a requirement that the reasons for determining whether or not the external disclosure should be made, should be set out in writing.
Section 14 (3) and (4)	Timeline too lengthy	The successive periods of 45 days should be reconsidered.
Section 14 (4)	Documents should not be kept.	The Section should provide that all documents submitted shall be returned and all copies destroyed.
Section 14 (5)	Timeframe ambiguous.	“Reasonable time” is ambiguous and action should be taken within a specified period, even if it is to advise that no progress has been made.
Section 15(2)	Documents should not be kept.	Documents or data relating to a disclosure transferred to another Unit should not be kept, and an explicit provision should represent this position.
Section 17(2)	The word “Whistleblower” is not a defined term. The term “whistleblower” that is, with a lower case “w” is.  Accordingly, the expression “Whistleblower protection” has no proper meaning within the section	Change “Whistleblower protection” to “The protection of a whistleblower”
Section 17(2)(c)	The word “respected” in the section is too informal and nebulous	Change “respected” to “adhered to”
Section 18(2)	The expression “arise from” is vague	The language could be “proceedings are initiated pursuant to the disclosure by the whistleblower”.
Section 18(5)	Protection of the whistleblower where there is culpability in improper conduct	Clarify why or instances where protection continues even in such circumstances.  Under section 7(1)(b) would it not mean that the disclosure itself was not protectable because it was not made in good faith? Why should the whistleblower not be dismissed if he perpetrated the wrongdoing? If this applies, is he not blowing the whistle to give personal advantage and maintain employment?
Section 19(2)	It is unclear whether the “improper conduct which constitutes a criminal offence or the breach of law” qualifies the misconduct to be investigated by the police only or by the appropriate department as well.	I would add the words “into the improper conduct referred to in the disclosure” between the words “carried out” and “by” and omit the words “which constitutes a criminal offence or the breach of the law” which are within the remit of the police anyway.
Section 19(4)	The ambit of the guidelines could be widened to include the mechanics for ensuring the confidentiality of the identity of the whistleblower	Add the a sub-section (c): “the rules for ensuring the confidentiality of the whistleblower and the disclosure”
Section 19 (4)	Relation to regulation making powers of the Minister.	This should be subject to the regulation making powers of the Minister in Section 26, to avoid inconsistent guidelines between the designated authorities and the regulations.
Section 20(3)(a)	Who is “the person who suffered the detrimental action”	Would that not be “the whistleblower”?  Perhaps this should be amended accordingly to substitute the expression “the whistleblower” for “the person who suffered the detrimental action”
Section 20(4)	Is the reference to “Any person” really a reference to “a whistleblower”?	Replace “Any person” with “A whistleblower”
Section 21 (2)(a-b)	The fines are too low and therefore not prohibitive	Even the $50,000. set out in part (b) may be a small price to pay for a corrupt action. This fine should be in line with Section 22 (2).
Section 22	The grammar of this section seems doubtful. What is it that “shall not be regarded as being inconsistent with the obligation for secrecy and confidentiality”?  It could only be the statement given or document, information or thing provided.  If that is correct, then the order of the words needs to be amended.	Substitute the words “as having been given or provided in breach of any obligation for secrecy or confidentiality” for the words “as being inconsistent with the obligation for secrecy and confidentiality”
Section 23	Fine is too low.	The fine here should also be similar to Section 22(2).

MEDIA RELEASE

AMCHAM T& T Promotes Diversity And Inclusion At Annual National Youth Productivity Forum

“No one person or select groups within society should be discriminated against based on gender, geography, sexuality, race, political affiliation and so on.” These were the words of Nirad Tewarie, CEO of the American Chamber of Commerce of Trinidad & Tobago as he delivered remarks at the Opening Ceremony of AMCHAM T&T’s National Youth Productivity Forum (NYPF). Now in its seventh year, the forum was launched at the University of Trinidad & Tobago’s (UTT), Valsayn Campus on Wednesday 27th January, 2016 under the patronage of His Excellency, The President of the Republic of Trinidad & Tobago, Anthony Carmona, SC.

The annual event features some of the best and brightest students from diverse geographic regions of T&T, as they seek to critically analyse and discuss societal issues that are of national and global importance. This years’ theme ‘Diversity…Inclusion … towards a more productive Trinidad and Tobago’ was chosen as AMCHAM T&T believes this topic is pivotal to the sustainable development of Trinidad &Tobago. It is the hope of the organisation that by engaging young people in open and meaningful dialogue, it will enhance their education and understanding of these issues and its implications for our economy.

Mr. Tewarie emphasised “that diversity, inclusion and tolerance” were critical elements to adopt as Trinidad and Tobago is now at an economic crossroads. He stated: “At this juncture in our economy we must focus on being competitive. One means of doing so is to ensure that we are able to embrace everyone in society who is willing and able to contribute.” He noted that increasing the productive capacity needed to bolster T&T’s competiveness may be hampered if we continue to exclude marginalized groups. These persons may then be forced to depend on state benefits, charity or casual work with marginal remuneration, which in the end does not promote financial independence. He also advocated for the inclusion of all groups in society to participate fully in promoting equality for all.

“I would like to state categorically that we at AMCHAM T&T are of the view that Trade Unions are a partner in development” said Mr. Tewarie. He further stated, “we firmly believe that with sincerity of purpose…..business and labour can work harmoniously to come up with solutions that would lead to a more competitive and productive Trinidad & Tobago”.

In a display of his dedication to the project and the young people of this nation, President Carmona spent over an hour greeting and chatting individually with each student participating in the forum.

Professor Dyer Narinesingh, President of the University of Trinidad & Tobago in his address promoted the idea that “knowledge is the new natural resource”. He explained this idea by stating that “knowledge fuelled by power and fuelled by imagination in a creative, innovation and entrepreneurial workforce (all of which) will lead to the appreciation of the diversity of our people and the diversification and growth of our economy”.

David Belgrave, CEO of Massy Technologies InfoCom (T&T) Ltd applauded the efforts of the teachers and the students over the years, as he has seen first-hand the growth of the students during program. He urged the business community to support programs like the NYPF and to heed the messages of diversity and inclusion.

The model of the NYPF, which targets students between the ages of 16 to 18 years in all secondary schools in the country, is multifaceted and comprises of Discussion Rounds, an Online Component, a School’s Business Project and Internships during the July/August vacation. 

The schools participating in this year’s competition are: Queen’s Royal College; St. Joseph’s Convent Port-of-Spain; Holy Name Convent, Port-of-Spain; Woodbrook Secondary School; Eldorado East Secondary School; Arima Central Secondary School; Toco Secondary School; Coryal Secondary School; Cowen Hamiliton Secondary School; ASJA Girls College, San Fernando; Shiva Boys Hindu College, San Fernando; Presentation College, Chaguanas; Waterllo Secondary School; Trinity College, Moka and ASJA Boys College, Chaguanas.

Sponsors for this year’s National Youth Productivity Forum include Platinum sponsors First Citizens and Ezone, other sponsors G-TECH, EOG Resources and ABT Engineers and Constructors Limited. Partners include UTT, Massy Technologies Limited, YTEPP Limited and The Trinidad & Tobago National Commission for UNESCO.

Event: The Economic Outlook 2016

Date: Friday 15th January 2016

Remarks by:  Ravi Suryadevara, President, AMCHAM T&T

Topic: “The New Economic Reality – Imperatives for Competitiveness”

 

Good morning ladies and gentlemen.

On behalf of the Board of Directors and the Secretariat of AMCHAM T&T, to those present and the wider community of Trinidad and Tobago, best wishes from all of us to all of you.  The task at hand is one that admittedly brought trepidation initially but transformed to hope as I concluded preparations.  Building on last year’s Economic Outlook event themed “Is the glass half-empty or half-full?”.  At the present time, we at AMCHAM T&T are of the view that the glass is half-full.  There is yet time and opportunity to chart the future for the country that is grounded in the New Economic Reality.

The New Economic Reality is that, globally, economies are more integrated through trade, investment and financial systems today. As a consequence even remote geographic events ripple through our economy in measures of time that are becoming shorter and shorter.  Not only change but also rapid-change, volatility, are features that take effect on modern day planning and policy consideration.

Within the hemisphere and globally, the United States of America has been the dominant resurgent economy.  It has evolved from being a country whose domestic crude and liquids production went from about 8.5 million bpd in 2007 to just over 14 Million bpd in production by 2014.  Notably in crude oil production terms alone, the resilience of shale production through 2015 helped maintain domestic US crude production over 9 Million bpd.  While it is expected for production to fall in the foreseeable future with the current price level, in-spite of the production correction, US domestic production is here to stay and stay at significant production levels.

Further, in December 2015, the United States of America lifted the export ban on crude that had been in place since the mid-1970’s response to the Arab embargo.  This would allow US companies to export as early as August almost 700,000 barrels of oil daily, under the guidance of the US Commerce Department’s Bureau of Industry and Security.   Further, US proved gas reserves alone crested 380 tcf by the end of 2014 and this is expected to rise in the coming years adding to the over 39 billion barrels of oil yet to be produced.  Clearly this merits our attention in how we position and treat with what is already our largest trading partner with still favourable balance of payment terms.

In the near-term, expecting a Venezuela that re-aligns itself to economic growth and investment also seems quiet plausible.  Even in the post-2017 recovery period, cetirus paribus, “lower for longer” in prevailing commodity pricing is also the generally accepted position.   So what of our comparative and competitive advantage that we as a nation have enjoyed over the years?

AMCHAM T&T reiterates the resilience of our local energy sector, its constituent companies and the yet untapped potential within our borders.   AMCHAM T&T over the years has advocated diversification within the Energy sector as much as away from over reliance on it.  At the present time, continuity in projects to bring much needed reserves on-line needs to be in alignment with the recognition of the competitive landscape in attracting FDI, especially in the Energy sector.   Foreign Direct Investment and Domestic Private Capital in other sectors are also faced with multiple competitive options and Trinidad and Tobago needs to be positioned attractively and regulated soundly to continue to encourage investors to come to our shores.

Persistent fiscal deficits since 2009 limit the response options of the government, the year being the culmination of the Great Recession in the US and the beginning of the global challenges of the sub-prime mortgage contagion.  It is déjà vu.  In 2009 Trinidad and Tobago realized a shortfall of projected revenue of just around $9.5 Billion TTD, emanating from a shortfall in tax collections from Oil Companies to the tune of approximately $5 Billion TTD.   In 2015, the country realized a shortfall in current revenue of a just under $8.5 Billion TTD, with the commensurate fall in Oil Company Tax revenue to the tune of approximately $6.5 Billion TTD.

Upon assessment of government revenue in relation to economic output, measured in GDP at market prices, the contraction of economic output is clearly seen post 2009, and is expected to be seen in 2015.  The 2015 value is an estimate from the World Bank but intuitively one deduces the position to be lower than 2014 simply because of prevailing market prices.  Also of interest is the period post contraction.  Note should be taken on the length of time it takes to recover to former positions of output.

While Trinidad and Tobago weathered the 2009 storm, it was not without consequences.  The country’s debt position has escalated through the period.  The addition of the CLICO and HCU Bonds for the CLICO Bailout resolution in 2012 alone added some $20 plus Billion in debt with the commitment that such debt would have been accounted for from the proceeds of sales of CL Financial assets.   This did not materialize and with the present budget scenario espoused by the Minister of Finance, we do not foresee this debt reduction as initially planned as some of these funds are to be used for budget support.   Further, there exists another approximately $30 Billion TTD in contingent liabilities representative of state sector and statutory body debt that has accumulated over successive administrations of government, each one burdening the next with more carrying debt.

Through the same period, 2000-2015, government expenditure has generally expanded, with two notable but nominal dips.  The growth of expenditure was fuelled through debt without the commensurate productive output increase. However, you would note the growth in the cost of government operations.  Government’s consumption of goods and services in the provision of services to citizens has escalated from $4.044Billion TTD in 2007 to $7.8 Billion TTD in 2015.  This item of expense and personnel costs of expense account or almost 1/3 of government expenditure in the 2016 projections.

Habits of expenditure are most difficult to change but a reality check is most necessary at this time.  Individual and institutional responsibility must be exhibited firstly to understand the severity of the situation.  Thereafter, we need to recognize the opportunity as a nation to form a consensus in breaching the “Dutch Disease” that has been both boon for and bane of our economy.

The government, by setting the example of the socio-economic discipline required, can manifest this breach of the “Dutch Disease” by developing new productive sectors, with new comparative and competitive advantages.  The government by focusing its efforts on a few such new sectors can bring them to fruition in the near term, as part of the New Economic Reality.

Therefore, competition and efficiency are as critical features of the New Economic Reality as are volatility and connectivity.   Comparisons of one locale to another are carried out by institutions to afford investors and comparative positions on each locale.  Amalgamations of these comparisons become collated into indices for relative ease of comparison.  One such index that AMCHAM T&T utilizes has been and continues to be the World Economic Forums, Global Competitiveness Index (GCI).  The work surrounding the index and its review are highlighted by the Arthur Lok Jack Graduate School of Business, usually in or around the last quarter of the year.

Briefly in review on the 2014-2015 report one notes it is for 2013 data so expect the coming years to have lower ratings, especially for the 2015-2016 and 2016-2017 periods.  This especially prevalent due to the deterioration in the macroeconomic environment.

When one reviews the sub-components of the Macroeconomic Pillar, it becomes apparent for the deterioration.  Growing near term deficits, falling credit ratings, growing debt burden, and the expected decrease in national savings as part of the HSF will be used for budget support.  This last point of tapping the HSF after segregating it into two separate funds, one for Heritage and the other for Stabilization, is a very sensitive point indeed as these funds have taken over 15 years to accumulate.  Whilst sensitive, the utilization of these funds require extreme diligence and the platform of the new Public Procurement regime.

At AMCHAM T&T, we have been over successive administrations advocating for positions that yield greater efficiency of public expenditure such as increasing funding to the FIU, bringing the FIB under the FIU to pursue suspicious financial activity, and increasing the resources allocated to the Auditor General.  Greater oversight leads to less corruption and leakages from the system of resources meant for the common good.  Greater audit and oversight ensure greater compliance and greater value for public spend.

The New Public Procurement regime will help progress many of the sub-requirements under the 1st Pillar, Institutions, working hand in hand with the proposed Internal Control Framework for financial management of state affairs.  The overseer of the integrity of this mechanism is the Auditor General.

AMCHAM T&T supports the government’s view that the cost of government operations can be reduced, and has lauded the Prime Minister for his instruction to cut non-personnel expenses by 7% in the first instance.   AMCHAM T&T still remains vigilant to see this 7% reduction materialize and await the mid-year review where we expect further announcements reflective of the present scenario.

Within the rubric of the government making structural adjustments and otherwise changes within the economy, the announced tripartite approach is welcomed.  To face the challenges of the New Economic Reality, Trinidad and Tobago needs an improved mechanism than what prevails for labour-business-government dialogue.  The sub-components of the index provides useful insight, especially in the ranking.  Cooperation in labour-employer relations at 133 out of 144 is indicative of the vast room for improvement.

The employment challenge however in a small island developing state is not limited to the context of labour and employer but is also affected by subventional programmes aimed to help the indigent.  It is noteworthy that AMCHAM T&T’s membership is willing through the assimilation of CEPEP workers into their workforce, in not only helping fill their vacancies but also exhibiting the need to bring more people into the formal economy.  This is a proposal AMCHAM T&T continues to spearhead, up to our most recent meeting with the Minister of Labour and Small Enterprise Development, Minister Baptiste, at which time she also re-affirmed pay to productivity.  It would be remiss of me if I did not recognize Minister Gopee-Scoon’s advice and guidance in the matter when we first met with her some months prior.

It is my hope, the hope formed from the initial trepidation when I began my preparations for this morning’s proceedings, and that you have also garnered a measure of optimism in that the glass is in fact half full.  After all, every dark cloud has a silver lining.  I wish to close by re-affirming the confidence in Trinidad and Tobago, its future and locale as a great place to business and live.