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Sarkis: Nassau resorts jobs safe from wind-up

BAHA Mar’s original developer yesterday pledged hundreds of Bahamian jobs will be protected despite his bid to wind-up two major Nassau hotels.

Sarkis Izmirlian, in a statement, reassured staff at downtown Nassau’s British Colonial and Margaritaville Beach Resort properties that their livelihoods will be safe even if he succeeds in persuading the Bahamian Supreme Court to appoint liquidators for their parent company that is presently owned by the

Baha Mar project’s Chinese contractor.

Legal documents obtained by Tribune Business confirm that Mr Izmirlian and his BML Properties vehicle are petitioning for KPMG to be approved as courtappointed liquidators for

THE Bahamian aviation regulator yesterday revealed it will not approve a skydiving excursion provider’s licence to operate due to a police probe into recorded threats he allegedly made to its officials.

Devard Francis, Civil Aviation Authority of The Bahamas (CAAB) chairman, told Tribune Business it will not grant a license or permit to Vans Johnson, and Skydive Bahamas Adventures, until a matter that is now under Royal Bahamas Police Force investigation has been resolved.

“We’re not going to be dealing with him until he comes in and addresses

the threats of death that he made against our director and other members of staff, and a report has been made to the Royal Bahamas Police Force so they will have to deal with that matter,” said Mr Francis. “That’s all I’m willing to say about that right now.”

Mr Johnson, who says his business has lost more than $200,000 due to “inexplicable delays” in obtaining the necessary permits to conduct his skydiving business, confirmed the relevant video’s existence but said comments such as “there will be blood in the streets” were a reflection of his frustration rather than threats.

Speaking to Tribune Business, he said he and his staff of professional skydivers were “ready to work”

the entity that owns the two Nassau resorts, CCA (Bahamas). And, if his bid succeeds, the accounting firm will also take control of another China Construction America (CCA) affiliate, CSCEC (Bahamas).

The original Baha Mar developer has moved

against both companies in a bid to seize and secure control of two Bahamian hotels that represent the most valuable assets owned by the

THE Trades Union Congress (TUC) president pledged “we will do what we have to do” after the Government obtained a temporary court injunction ordering all doctors, nurses and air traffic controllers back to work.

Obie Ferguson, who seemed not to have been aware of the Supreme Court stay obtained yesterday by the Government until informed by Tribune Business, said it “goes without saying” that the TUC and its 14 affiliates - who all possess individual strike certificates - will advocate for either its removal or changes to the terms when all parties appear before

the Supreme Court on January 28, 2025. Despite the TUC and its affiliates previously stating their planned sick-out would only last for two days and end yesterday, the Government opted to take no chances by obtaining a Supreme Court injunction that mandates workers in the two hardest-hit sectors - the public healthcare system and air traffic control - to report to work as scheduled or be “held in contempt of court” and exposed to potential fines and jail time.

Justice Darron Ellis, in a signed injunction drawn up by the Attorney General’s Office which was the only party present at yesterday’s hearing, ordered that members of the Bahamas Air Traffic Controllers Union, the Bahamas Doctors Union, Consultant Physician Staff Association (CPSA) and Bahamas Doctors Union (BDU) be “restrained.. from taking part in any strike activity or any form of industrial action” against their employer.

Unions ‘strong as a monkey’s tail’

THE Trades Union Congress (TUC) president yesterday asserted the umbrella body and its 14 affiliates are “strong like a monkey’s tail” as he hit back at critics of their members’ sick-outs and strike action.

Obie Ferguson KC told Tribune Business that union leaders criticising the strategy as “archaic”, and urging that negotiations with

BAHAMIAN wedding planners yesterday said they are aiming to increase the up to 1,000 international couples they cater to annually through their upcoming 2025 trade show.

The Bahamas Bridal Association added that it is preparing to host its ‘Come for the Romance 2025’ conference and trade show, the third such annual

the Government resume, were “creating mischief” and not part of the TUC in what appeared to be a swipe at Dwayne Woods, head of the National Congress of Trade Unions of The Bahamas (NCTUB) and Belinda Wilson, the Bahamas Union of Teachers (BUT) head.

And, in response to suggestions that the 48-hour sick out had drawn a mixed response with not all union members participating, he argued that it had been “very successful” in achieving its objectives. Mr Ferguson said that, apart

event, on January 31 at the British Colonial to bring together romance industry professionals, vendors and influencers from across the Caribbean. The Association features 40 wedding planner members, ministers, decor specialists, make-up artists and photographers, who collectively handle thousands of events annually including weddings, engagements, anniversaries and vow renewals, catering to both local and international clientele.

from individual grievances harboured by TUC affiliates, the action was also sparked by the Government’s alleged failure to fulfill the terms of the 2021 pre-election agreement it signed with the unions.

Pia Glover-Rolle, minister of labour and the public service, earlier this week said “96 percent” of the 22 conditions stipulated in that Memorandum of Understanding (MoU) have been “delivered” on by the Davis administration. However, this was effectively disputed by Mr

Leslie Pinder, conference chair, said members host events for an average 500 to 1,000 international clients annually in New Providence and the Family Islands, and cater to both cruise passengers and stopover visitors. She said the conference will help to improve offerings for all industry participants, and will feature a speaker line-up including international wedding business coach, Terrica Skaggs, who will share insights on content

Ferguson, who identified to this newspaper numerous clauses he alleged the Government has failed to comply with. These, he argued, included ensuring that “all pension boards and private major health committees shall have equal representation between employees (unions) and employers”, plus an agreement that the Government would “supply to each umbrella union a parcel of land for the building of their national headquarters”.

Other conditions that Mr Ferguson asserted remain unfulfilled include “allowing for at least 16

creation, contract building, client management and effective sales strategies.

“Our conference and trade show serve as an invaluable resource for those seeking to elevate their services, expand their networks and stay ahead of evolving market demands,” explained Ms Pinder.

“Whether you’re a seasoned event professional or new to the industry, ‘Come for the Romance

BRITISH COLONIAL
MARGARITAVILLE BEACH RESORT
SARKIS IZMIRLIAN
OBIE FERGUSON KC
DR DUANE SANDS SEE PAGE B2

MINISTER AND UNION LEADER IN CLASH ON INDUSTRIAL PROGRESS

A CABINET minis-

ter and the Trades Union Congress (TUC) president yesterday gave opposing views on how much progress has been made in negotiations to resolve industrial grievances.

Obie Ferguson KC argued that widespread sick-outs among union members over the past two days is not a strike, adding: “I can’t speak for the minister at all, but I do know from where I sit the nurses’ problems have not been resolved. The doctors’ problems have not been resolved. The BHMA (Bahamas Hotel Managerial Association) problem has not been resolved in Grand Bahama. All of the unions.

issues”. She added that 53 industrial agreements have been signed “and one is on the way this week to 54”.

“Yes, some are taking a little longer than others,” Mrs Glover-Rolle said.

“These are legacy issues. Some were addressed immediately, some are being addressed in the mediumterm and some will take the long-term. But to say that nothing is happening, nothing is being addressed, that’s false. And the proof is in the pudding. Because the good thing about having meetings is they’re minuted. You can go back and you can refer to your notes.

it in their bank accounts. So how could it not have happened if it actually did?

Mrs Glover-Rolle pointed to talks with doctors and the Customs and Immigration union to back up her claims.

“And you will see today that the doctors participated,” she said. “A small number of the nurses participated. The doctors do have an agreement that is waiting to be signed and being negotiated. There were four outstanding matters that were at a stalemate. The Prime Minister agreed to three of those matters and one is in financial review.

That’s the facts.

said. “And I’m grateful to them, which speaks to some level of integrity, because President Brooks, we communicate. I know the issues. I remember he had some issues with accommodations of officers in office spaces in Bimini, in particular. And I saw the photos. And I’m the minister of labour and we’re promoting decent working conditions.

“There are 14 unions. But their problems have to be resolved. Just ask the minister. You should ask her: ‘Could you produce for me the issues that these workers raised? Were they resolved and, if so, do you have any evidence of it?’

ability not to do anything that we have on the list that has been going on now into the fourth year.”

Anybody could talk. We don’t have nothing against the minister. We don’t have anything against her. We have something against the

Pia Glover-Rolle, minister of labour and the public service speaking out on Beyond the Headlines, refuted comments downplaying progress made to resolve “thousands of legacy

“The good thing about the labour front is it’s documented by data so we can go back and I love being able to check off, qualify, what has been done. When we look at the millions of dollars paid out in increments, back pay promotions, industrial agreements to Bahamian citizens, they see

Unions ‘strong as a monkey’s tail’

hours of rest between shifts for each employee” and doubling the ‘cap’ on statutory Employment Act redundancy pay from the present 12-month ceiling to 24 months.

“We want everything,” he told Tribune Business. “We did it. We did an exhaustive consultation and discussion on these matters and we agreed to do it within five years. These things are not really complicated and a lot of them don’t involve money.

“It’s going into the fourth year now and we thought

this would be a thing of the past. We signed that on August 5, 2021, and this is now January 2025. This is now almost four years later. That’s precisely and exactly what the problem is. Meeting without resolving matters doesn’t make sense...

“These are specific things that were agreed. When you sign an agreement, you own it. You must own it. This has nothing to do with politics. If you don’t want to own it, don’t sign it. That’s where we are. All I am asking you to do is own it. If you cannot do it, let us know what the deal is.

Union chief: ‘We’ll do what we have to’ over strike injunction

We are reasonable people. You’re coming back almost four years later and saying you don’t have it.”

The MoU was signed on the Progressive Liberal Party’s (PLP) behalf by Philip Davis KC in his capacity as party leader and Fred Mitchell, who was then its spokesperson on labour matters. Besides concerns over whether the Government has lived up to that agreement, Mr Ferguson signalled that the 48-hour sick-out was also intended to create pressure for a further $90 rise in the weekly minimum wage to $350.

FROM PAGE B1

Examples of such action included “refusing to report to work when scheduled to do so, or by leaving their place of employment

That would represent a 34.6 percent increase to the present $260, which was achieved after a recent increase at the beginning of 2023. “That’s what we’re fighting for,” Mr Ferguson told Tribune Business. “The basic salary, the minimum wage, of $260 is not adequate. We’re not against anybody. We’re just for working people. $350 is not unreasonable.

“I want to say to Bahamian workers, all 220,000 of them, that if it becomes necessary that we have to call on them to fight for their $350 as a minimum wage we would look

when they are scheduled to be at work”. Justice Ellis ordered the four unions and their members to also not “induce, incite or intimidate” others, or “impede” persons from working and/ or encourage others not to work. Sick leave will not be allowed without “a valid sick certificate”.

The Government has thus employed the same Supreme Court injunction tactic that it used before Christmas to halt the sickout by members of the Airline, Airport and Allied Workers Union (AAAWU) that shut down Bahamasair’s operations for an entire day during the peak Christmas travel period.

The claimants who obtained yesterday’s injunction were the Public Hospitals Authority (PHA), the Attorney General, minister of labour and the public service, minister of health and wellness and the minister of tourism, investments and aviation. The latter has ministerial responsibility for air traffic control at Lynden Pindling International Airport (LPIA).

Mr Ferguson, upon being informed of the Government’s legal manoeuvres, told Tribune Business of the injunction: “I guess we’ll have to see it and respond to it. We’ll see what happens when we get it. We will do what we have to do.”

Asked whether the TUC and its affiliates will either seek to overturn the injunction or persuade the Supreme Court to vary its terms and conditions, the TUC president signalled this was exactly what the union movement will likely do.

“It goes without saying. We have a legitimate situation,” Mr Ferguson said. “We have a legitimate right to be heard, and we’ll make our case with that. We’re going to follow the law. The law is there to be followed by everybody. We’ll do what we have to do. We want to see what they have, but we know we have 14 [strike] certificates.”

The Government’s caution may have been wise as the TUC president did not definitively confirm whether the sick-out, which the unions are denying represented a strike or

“We have our Customs, Immigration and Allied Workers Union who did not participate today. Customs and Immigration, based on our reports, did not participate today. However, they have issues. I mean, all unions have issues.

“...They didn’t participate,” Mrs Glover-Rolle

forward for them to come and support the doctors, the nurses, the NIB unions, the industrial agreements that need to be signed, Customs and Immigration and all the 14 unions. What we are doing is going to affect them as well.

“People vote their interests. A man’s wage is part of his interest if not the most important one. We want them to get $350 [per week] as part of the progress towards a liveable wage. We want what is necessary for the working people of this country. The Bahamas is all of us. I tell you we are strong; like a monkey’s tail.”

Mr Ferguson said the Government has yet to contact the TUC and its

industrial action, was still due to end yesterday as originally planned or that no further industrial action was planned for a later date.

“I don’t know about that,” Mr Ferguson replied when questioned by Tribune Business. “This is the second day, so we’ll see what happens today. I’m going to talk with my colleagues this afternoon and see what the deal is. We want this to be resolved like yesterday. We need to solve the problem.”

Dr Duane Sands, exminister of health who was among senior physicians filling the void created by the absence of up to 98 percent of the BDU’s junior doctors, said the Government’s move to seek Supreme Court recourse was “not surprising” but challenged whether it would further inflame industrial tensions as he urged “cooler heads to prevail”.

Comparing the injunction to the Government “winning the skirmish but worsening the war”, he asserted: “I think it’s probably going to inflame the situation a little bit more.

I’m not sure it was necessary and, you know, skirmish won and now the war intensifies.

“The goal ultimately is to sit down and talk to arrive at a compromise, and I’m sure the justices at some point in time will tell both parties to get in a room and work this out. This is ultimately what the direction is going to be....

“I get it. The Government finds itself in a tough spot and doesn’t want to be seen to be soft, but I’m not certain this is the way to go,” Dr Sands continued. “We’ll see; we shall see. Cooler heads ought to prevail, and this is about rolling up the sleeves, sitting around the negotiating table, thrashing out differences and agreeing not to leave tell you get an agreement.

“This is what needs to happen. Hopefully they will recognise the need to use non-judgmental, non-punitive and a non-threatening approach to resolution. This can go south very quickly.” The Bahamian public healthcare system, especially the hospitals and care facilities under the

“And I partnered with the minister of Immigration and the minister of works and we moved. It didn’t happen overnight, but we moved into new facilities in Bimini. I know there’s matters of allowances and overtime for Customs that in the last meeting in December when they brought it to me, my next place of visit was finance. The comptroller is now doing the paperwork and processing these overtimes to be paid. Stuff is happening right now.”

affiliates to resume industrial negotiations in the wake of this week’s two-day sick-out, which was due to end yesterday, but added: “I’m certain government will do what governments do - sit down, be reasonable and resolve this matter. It’s nothing political, there’s no need to attack individuals. We don’t do that.

“Workers rights are critical. Workers rights, to me, are a critical part of the existence of the nation. Workers want better wages, better conditions and that’s the reason why they’re supporting us. When the Prime Minister calls asking to meet, I have no problem with that. We’ve always had a good relationship. I don’t know what went wrong.”

Public Hospitals Authority (PHA), have been among the agencies most heavily impacted by the sick-out.

“I shudder to think of the potential consequences to patients,” Dr Sands had said, prior to the injunction’s confirmation, if the healthcare sick-out had extended into a third day. “It’s not a sustainable situation. It’s absolutely not sustainable. We can only hope that, as was forecasted, this is going to be an isolated two-day event and the expectation is things will return to normal tomorrow [today].

“I think that is very important. We can only delay certain things for so long. On a good day the public healthcare facilities are challenged with capacity constraints. You add this additional strain and something is going to give, something is going to break, and in health that is going to be measured in human terms.”

Tribune Business was informed by aviation sources on Monday that air traffic control at Lynden Pindling International Airport (LPIA) was short-staffed in the morning, which resulted in the authorities only permitting scheduled commercial and cargo flights.

“They didn’t allow any general aviation planes this morning,” one contact, speaking on condition of anonymity, said. “There was only scheduled airlift and cargo.” However, Hinsey McKenzie, the Bahamas Air Traffic Controllers Union’s (BATCU) president, hinting at the reduced staffing levels suggested that those who appeared for work will soon be fatigued and unable to keep it up if industrial action is prolonged.

“I believe they have put him some things in place,” Mr McKenzie said then. “I know I spoke with management since about Friday and they are quite aware.

“I know they have management who can work, who are trained. It’s not that they aren’t trained. So we anticipate that they go for more than a day or two. They may not have the staff and ability to run the facility that long. They may put in for a good day, but after today I don’t think they would be able to do what they have to do tomorrow [today].”

UNIONISTS TOOK TWO ‘CASUAL DAYS’ OFF WITHOUT STRIKING

A SENIOR unionist yesterday asserted the Trades Union Congress (TUC) and its affiliates were taken by surprise by an injunction ordering several professions to return to work because members were not on strike.

Fred Munnings, the TUC’s chairman, instead argued to Tribune Business that members of its 14 affiliate unions “simply exercised their constitutional rights” to take two

casual days off. As a result, they were not expecting the Government to obtain an injunction ordering the doctors, nurses and air traffic controllers back to work “because nobody went on strike”.

The Minister of tourism, investments and aviation, the minister of health and wellness, The Public Hospitals Authority, the minister of labour and public service and the Attorney General were named as the claimants who obtained a Supreme Court injunction ordering members of The Bahamas Air Traffic Controllers Union, the

Bahamas Doctors Union, the Consultant Physician Staff Association and The Bahamas Nurses Union back to work.

The Order, signed by Justice Darron Ellis, stiputlated that members of these unions must refrain “from taking part in any strike activity or any form of industrial action”. It added that they must return “to their specified areas of employment, and to report to work when scheduled to do so, and not to take part in or continue to take part in any form of industrial action, or to take sick

leave without a valid sick certificate.”

However, Mr Munnings added: “Our members simply exercised their constitutional rights. General orders give them the privilege of taking two casual days at a time without any necessity for any medical report or medical slips. And that’s exactly what we did. Nobody was on a strike as far as we are concerned.

“It is very clear that we have 14 unions that have issues, that literally have strike certificates, but none of them have executed their privilege for the strike certificate. The unions’

members took some casual time to rest because they are so frustrated and stressed out after the very hectic periods that they have been going through over the last couple of weeks. They just took some time off from work, which is their right to do constitutionally under general orders. That’s all we did.”

However, the Public Hospitals Authority (PHA) yesterday said public healthcare services were really beginning to suffer as staff sick-outs entered a second day. “The Public Hospitals Authority (PHA) continues to monitor the

Sarkis: Nassau resorts jobs safe from wind-up

three CCA subsidiaries that have been ordered by the New York State Supreme Court to pay him $1.642bn in damages - a sum that is increasing daily.

The Chinese state-owned contractor has instead elected to appeal that verdict, while placing the last of its three defendant affiliates, New Jersey-based CCA Construction Inc, into Chapter 11 bankruptcy protection in the US. But, while that has protected CCA Construction Inc and its assets from any attempt by Mr Izmirlian to enforce his damages award against it, the same protections are not available to the Bahamas subsidiaries.

And Baha Mar’s original developer has taken full advantage by targeting Bahamian resort assets said to have been valued at a combined $355.1m - less than one-fifth of his New York damages award. However, he emphasised that his actions will not impact the hundreds of employees working at the British Colonial and Margaritaville Beach Resort regardless of the outcome.

“We are seeking the protection of court-appointed guardians [KPMG] to ensure the continued stable operation of the hotels and preserve Bahamian jobs,” said Mr Izmirlian. Neither CCA nor the Government responded to Tribune Business calls and messages seeking comment before press time last night, although it remains to be seen whether the Davis administration can - or will - intervene in the case.

Whitney Thier, executive vice-president, general counsel and secretary for BML Properties, the corporate vehicle owned by Mr Izmirlian, cited the alleged insolvency of both CCA (Bahamas) and CSCEC (Bahamas) as the basis for the winding-up petition’s filing given previous admissions that they lacked the cash and other assets to settle the $1.642bn New York judgment.

“To-date, the company has failed and/or refused to pay or satisfy any part of the New York judgment debt which remains fully enforceable as against it,” Ms Thier said of CCA (Bahamas), “or to make any offer to the petitioner to secure or compound the same.

“In the premises, the company is insolvent within the meaning if section 186 (c) of the Companies Act chapter 308 as it is unable to pay the New York judgment debt that is overdue and/or the value of the New York judgment debt exceeds the company’s assets. Accordingly, the company should be wound-up by the honourable court.

“The company has stated that it is unable to pay the New York judgment, a debt

now due, and that its value exceeds the value of the company’s assets.” CCA (Bahamas), according to a corporate chart released by the contractor itself, is the immediate parent for Neworld One Bay Street Ltd and Strategic Property Holding Ltd, which hold the British Colonial and Margaritaville Beach Resort respectively.

Pointing out that Mr Izmirlian’s damages became payable as of October 31, 2024, and that the New York appeals court lifted the temporary stay that previously barred its enforcement, Ms Thier cited numerous statements by CCA executives, its US attorneys and bond broker that showed the hotels’ immediate parent is insolvent.

As an example, Genguo Ju, CCA (Bahamas) executive vice-president, admitted in a November 1, 2024, affidavit that the combined value of the two Bahamian resorts is “a mere fraction” of the damages award. And, on the same day, Mark Goodman, one of CCA’s US attorneys, described the contractor’s affiliates as “largely illiquid entities” and affirmed enforcement of the judgment would make them insolvent.

Neil Pedersen, a bond agent, also asserted it was impossible to raise the $1.9bn security required for CCA to pursue its New York appeal against Mr Izmirlian’s award given “that there is a billion dollar liability with no ability to satisfy it.”

“In the light of the insolvency admissions, it is manifest that the company is unable to pay the New

York judgment debt and also that the value of its liabilities exceeds its assets,” Ms Thier argued. “By reason of the foregoing, the company is both cash flow insolvent and balance sheet insolvent within both limbs of the meaning of ‘insolvent’ provided on section 187 (a) and (b) of the Companies Act.

“In the circumstances, it is just and equitable that the company should be woundup.” Mr Izmirlian and BML Properties are thus petitioning the Supreme Court to appoint Simon Townend, KPMG (Bahamas) country managing partner, and fellow accountants, Jean K. Green-Thompson and James Neill, the latter from KPMG Ireland, as liquidators for both CCA (Bahamas) and CSCEC (Bahamas).

They would take control of both companies’ assets and operations, including the two Nassau resorts, if appointed. Mr Izmirlian and BML Properties said yesterday they are seeking an “orderly liquidation” of both companies to help partially recover some of the damages awarded by the New York courts. This signals he would likely seek a buyer for both the British Colonial and Margaritaville properties.

CSCEC Bahamas, the CSCEC standing for China State Construction Engineering Company, which is CCA’s Beijing-based parent, previously held $150m worth of preference shares in the original Baha Mar project prior to its eventual liquidation some eight years ago.

Many observers will likely appreciate the irony

that the dispute, which ultimately saw Mr Izmirlian ousted as Baha Mar’s developer, has now come full circle. Almost nine years after the last Christie administration initiated winding-up petitions that saw the original Baha Mar project and its affiliates placed in provisional liquidation, then wound-up, the same process is now being used against CCA’s Bahamian interests.

Mr Izmirlian’s windingup move will also disrupt CCA’s ability to prosecute its New York appeal against his damages award. If the Supreme Court grants the winding-up petition, the actual standing or ability of the two Bahamian entities to participate in the proceedings alongside USbased CCA Construction Inc could be in jeopardy. And it would be the KPMG liquidators, not CCA, taking all relevant decisions regarding the two Bahamian entities’ participation as they - instead of the contractor - will be in management and operational control. Baha Mar’s original developer has thus countered the impact of CCA Construction Inc’s Chapter 11 bankruptcy protection move.

CCA previously described the British Colonial and Margaritaville Beach Resort as the “only two significant assets” owned by itself and its affiliates. Genguo Ju, CCA (Bahamas) executive

vice-president, asserted in an affidavit that the shares giving it ownership of both resorts were valued at $146m in the company’s most recent audited financial statements. And an appraisal conducted earlier this year had priced the combined real estate worth of the two properties at between $232.7m and $355.1m.

“CCA (Bahamas), a Bahamian company, is primarily a holding company whose only material assets are its interests in two Bahamian subsidiaries. These two subsidiaries together own two hotels in Nassau, Bahamas: The British Colonial Hotel & Office Complex and the Margaritaville Beach Resort complex,” Mr Ju said.

“Earlier this year, CCA (Bahamas) obtained appraisals of the two hotels from Cushman & Wakefield and Jones Lang LaSalle (JLL). Cushman and JLL appraised the collective value of the hotels as between $232.7m and

impact of ongoing industrial action across its institutions,” a statement said. “The Authority has noted an increase in staff call-outs, which has placed additional strain on healthcare services.”

The Ministry of Health and Wellness yesterday said staff shortages led to 5pm closure times for the Elizabeth Estates Clinic and the South Beach Health Centre. The Fleming Street Clinic remained open until 8 pm and the Flamingo Gardens Clinic remained open until 9 pm, “operating with limited staff to prioritise urgent care needs”.

$355.1m. CCA (Bahamas) would be willing to provide those valuation reports to the court [privately] and under seal, and to make them available to plaintiff subject to an appropriate confidentiality order.”

Reasserting CCA’s position that surety financiers would not accept the two Nassau resorts as collateral for the proposed $1.9bn New York appeal security, Mr Ju added: “Nonetheless, independent of any bond, CCA Bahamas is willing to pledge its shares of its two subsidiaries as security against the judgment.

“Those shares were carried on CCA Bahamas’ books in its most recent audited financial statement at approximately $146m. CCA Bahamas would be willing to provide that statement to the court in [private] or under seal, and to make it available to plaintiff subject to an appropriate confidentiality order. CCA Bahamas intends to continue to operate the hotels in the regular course during the pendency of this appeal.”

WEDDING PLANNERS AIMING TO GROW

1,000-STRONG BASE

FROM PAGE B1

2025’ will provide the knowledge, inspiration and networking opportunities to help you grow your business and event offerings.”

Conference attendees will also have the opportunity to connect with other professionals, explore trends and discover innovative business practices. “Our goal is to not only provide marketable trends but also educate our industry on smarter ways of doing business,” said Jasmine Wright, chairman of the trade show.

“From digital platforms to foolproof contracts, our speakers will equip attendees with the tools they need to elevate their services and drive growth in the everevolving wedding and event planning sector.”

The subsequent ‘Come for the Romance 2025’ trade show, scheduled for February 2, will feature vendors including transportation providers, marriage officers, entertainment options and a range of bridal services.

“This event is a mustattend for anyone passionate about shaping memorable and impactful experiences within the industry,” said Ms Pinder.

“We’re excited to bring the latest trends, innovative business practices, and unparalleled networking opportunities to The Bahamas, further solidifying our position as a premier destination for romance and celebrations.”

SKYDIVE LICENCE DELAY ON POLICE PROBE INTO THREATS

and have been seeking approval for a license from the Civil Aviation Authority of The Bahamas for months but have received no response. “I have lost a total of going on $200,000 and I didn’t even know I had it. I got receipts. My first plane I was leasing for $10,000 a month. I had that plane for 11 months,” said Mr Johnson.

“I have workers ready to go. I have four people that have travelled to The Bahamas to work for me, only for me to be embarrassed and have to send them back within two weeks because they wouldn’t give me my licence.”

Mr Johnson said he received a licence in April 2023 and successfully held a showcase event that month. But the licence was only for a seven-day period, not an annual permit, even though he aims to offer regular excursions.

Mr Johnson said his frustrations over the delays led to him posting a video on social media in March

2023 in which he called a purported foreign competitor and told them to not come to The Bahamas to do business as they were “infringing” on his rights.

“I did a video a couple months back. I made the video public, and in the video, I called the people in North Carolina and I told them, and I told other authorities. I said don’t come to The Bahamas, because you’re basically infringing on my rights,” said Mr Johnson. “I call them, and I say, cease doing business in The Bahamas. Because you’re not Bahamian, and they need to shut it down.”

In the video, Mr Johnson also asserted “there will be blood in the streets”, but he yesterday argued it was not a threat towards anyone but, rather, an expression of the hurt that will be caused by allowing local businesses to “starve”.

“When I said that, ‘blood in the streets’, hey, look, I’m not threatening them. [I’m saying] you’re causing people to starve,” said Mr Johnson. He added that the

Civil Aviation Authority of The Bahamas sent a letter in October 2024, notifying him they are not prepared to consider his licence request due to outstanding concerns that arose while considering his application.

The regulator said their decision was based on “previous threats of physical harm and violence made by you personally towards staff members of the Authority, which resulted in senior members responsible for certification of sky diving operations filing a formal complaint against you with the Commissioner of the Police Force, which is still pending”.

The correspondence went on to say that another skydive operator based in the US submitted a complaint on March 13, 2024, due to an allegedly harassing phone call made by Mr Johnson and that information was also passed on to the police.

The Civil Aviation Authority of The Bahamas warned that threats of harm against their employees or the public are not “taken

lightly”, and since it has not received any word from police officials regarding the reports made they will “defer consideration of any application by you or your organisation”.

Mr Johnson maintained that the delays in receiving his licence are due to “personal issues” between himself and aviation officials, and not his company’s merits or qualifications.

In a statement, Mr Johnson said he has reached out to Civil Aviation Authority of The Bahamas officials, as well as other government officials, seeking support but the process appears to be “deliberately obstructed, hindering my ability to launch my business and fulfil my dream”. He called for the Civil Aviation Authority of The Bahamas to be more transparent and raised concerns that his intellectual property and safety manuals - which were submitted to the Authority - are being used to help a rival foreignowned operator.

“The possibility of my Standard

A possible TikTok ban is just days away. A list of other apps available

Associated Press

WITH a possible TikTok ban just days away, many U.S. users are looking for alternative social media platforms to help them keep up with pop culture or provide the type of entertaining videos that popularized the short-form video app.

TikTok, which has been a cultural phenomenon, could be banned on Jan. 19 under a law that forces the

NOTICE

NOTICE is hereby given that NICKESHA LATOYA MCKENZIE of I-95 Pinedale, Eight Mile Rock, Grand Bahama, Bahamas, applying to the Minister responsible for Nationality and Citizenship, for Registration Naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 15th day of January, 2025 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, New Providence, The Bahamas.

platform to cut ties with its China-based parent company, ByteDance, or shut down its U.S. operation.

The fate of social media platform will be decided by the Supreme Court, which last week heard oral arguments in a legal challenge to the statute and seemed likely to uphold the law. The court could rule on the case as soon as this week. Meanwhile, President-elect Donald Trump has asked the justices to put the law on hold so he can negotiate a "political resolution" to the issue after he takes office.

TikTok has more than 170 million users in the U.S., and if it does get banned, it's not clear which competitors will benefit the most. Some experts think established social media platforms, such as Instagram and YouTube, could see the biggest influx of users. But some users are looking for something different and could turn to other apps.

Here are the different alternatives and what to know about them:

Xiaohongshu, or "RedNote"

Recently, some U.S. TikTok users have flocked to the Chinese social media app Xiaohongshu in protest of the looming ban. Like TikTok, Xiaohongshu, which in English means "Little Red Book," combines e-commerce and short-form videos.

The app has gained traction in China and other regions with a Chinese diaspora — such as Malaysia and Taiwan — racking up 300 million monthly active users, a majority of whom are young women who use it as a de-facto search engine for product, travel and restaurant recommendations, as well as makeup and skincare tutorials.

On Tuesday, the Xiaohongshu, called "RedNote" by American users and on some app stores, was the top downloaded free app in Apple's U.S. app store.

Lemon8

Lemon8, also owned by TikTok's parent company ByteDance, is a lesserknown lifestyle app that

Operating Procedures (SOPs) and safety manuals, meticulously crafted with expertise, being used by the Civil Aviation Authority of The Bahamas and other parties without my consent is a troubling prospect,” said Mr Johnson

“I believe this situation discourages Bahamian entrepreneurship and stifles the creation of a level playing field for local businesses. I urge the Bahamian public, the business community and the Government to stand with me against this injustice.

“I demand transparency and accountability from the Civil Aviation Authority of The Bahamas. I implore them to process my application fairly and expeditiously. I have unwavering faith in the Bahamian people’s ability to support local businesses and contribute to a thriving economy. I plead that THe Bahamas not allow this blatant disregard for Bahamian entrepreneurship to continue.”

active monthly users. Meta no longer discloses user numbers for its individual platforms.

allows users to post pictures and short-form videos.

Though the platform lets users post TikTok-like videos, it leans more into pictures and has been described as a mixture of Instagram and Pinterest.

In the past few weeks, many creators have hailed Lemon8 as the place to go if TikTok is banned under federal law. Some have also recommended it through paid sponsored posts tagged #lemon8partner, indicating a recent corporate push to generate more users.

But the law that targets TikTok also states the divest-or-ban requirement for ByteDance applies generally to apps that are owned or operated by the two companies or any of their subsidiaries. That means even though Lemon8 is not explicitly named in the statute, its future in the U.S. is also in jeopardy.

Meta's Instagram Instagram launched Reels in 2020, a TikToklike feed of short videos users can create or scroll through. The feature has proven to be massively popular and some experts say creators are likely to set up shop there if a TikTok ban does happen. As of 2022, Instagram had 2 billion

But could it replace TikTok? That depends. While many creators currently post on both platforms, some experts say the youngest users are unlikely to migrate to a service made popular by their millennial parents. And while Meta's algorithm is addictive, it's still not TikTok.

In the past, some TikTok users have also blamed the surge of scrutiny on the platform on Meta CEO Mark Zuckerberg, pointing to a Washington Post report from 2022 that said the tech behemoth paid a Republican consulting firm to undermine TikTok through a nationwide media and lobbying campaign.

YouTube Though TikTok dominates headlines as a driver of internet trends, Pew Research Center says YouTube is actually the most widely-used platform among teens and adults. YouTube users can scroll through Shorts just as they can on TikTok or Reels on Instagram and Facebook, allowing them to watch hours of bite-sized videos. Many of the videos featured on YouTube are from TikTok or creators who post to several platforms. That said, YouTube is still known for its longer-format videos so it may not have the variety of content that TikTok users are looking for — at least not yet.

NOTICE is hereby given that MYRLANDE CONFORT of Sandilands Village, Nassau, The Bahamas, applying to the Minister responsible for Nationality and Citizenship, for Registration Naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 15th day of January, 2025 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, New Providence, The Bahamas.

NOTICE

Guidance Founders Ltd. Incorporated under the International Business Companies Act, 2000 of the Commonwealth of The Bahamas. Registration number 211169 B (In Voluntary Liquidation) Notice is hereby given that the above-named

Claim

Apt

Any Persons

A.D.

USDA documented insects and slime at Boar's Head plants, records show

GOVERNMENT inspec-

tors documented unsanitary conditions at several Boar's Head deli meat plants, not just the factory that was shut down last year after a deadly outbreak of listeria poisoning, federal records show.

Newly released reports from Boar's Head plants in New Castle, Indiana; Forrest City, Arkansas; and Petersburg, Virginia, described multiple instances of meat and fat residue left on equipment and walls, dripping condensation falling on food, mold, insects and other problems dating back roughly six years. Last May, one inspector documented "general filth" in a room at the Indiana plant.

The U.S. Agriculture Department released the inspection records in response to Freedom of Information Act requests from The Associated Press and other news organizations.

The problems documented at the three factories echo some of the violations found at the Jarratt, Virginia, plant linked to the food poisoning outbreak. The newly released reports describe:

— Equipment "covered in meat scraps" in 2019.

— "Dry crusted meat from the previous day's production" and "dark, stinky residue" left behind in 2020.

— A doorway covered in "dried meat juices and grime" in 2021.

— Green mold and flaking paint in 2022.

— "Unidentified slime" and "an abundance of insects" in 2023.

— A puddle of "blood, debris and trash" in 2024.

Boar's Head officials said in an email Monday that the violations documented in the three factories "do not meet our high standards."

The company's remaining plants continue to operate under normal USDA oversight, they added. The Sarasota, Florida-based company has marketed itself for decades as a premier provider of deli meats and cheeses, advertising "excellence that stands apart in every bite."

Records from a fourth Boar's Head plant in Holland, Michigan, do not show similar problems.

Boar's Head stopped making liverwurst and shuttered its Jarratt, Virginia, plant in September after listeria poisoning tied to the product sickened more

than 60 people in 19 states, including 10 who died.

Health officials in Maryland initially discovered listeria contamination in a package of unopened liverwurst. The company recalled more than 7 million pounds of ready-to-eat deli meat and poultry sold nationwide. About 2.6 million pounds was eventually recovered, according to the Agriculture Department's Food Safety and Inspection Service.

The conditions revealed at the other Boar's Head plants are "really concerning," said Thomas Gremillion, director of food

policy at the Consumer Federation of America, a nonprofit advocacy group.

"It's reasonable for some people to decide they don't want to eat deli meat," he said. "Companies like Boar's Head, they should have to earn consumers' trust."

Boar's Head faces multiple lawsuits connected to the outbreak.

"This makes me extremely angry and sad," said Garett Dorman, whose mother, Linda Dorman, 73, of Oxford, Pennsylvania, died in July after eating Boar's Head liverwurst. She had cancer, and liverwurst

was one of the few foods she would eat, he said. He is suing the company, according to court documents filed by Marler Clark, a Seattle law firm.

"I believe Boar's Head needs to completely revamp their program at all of their facilities," Dorman said in an email. "Boar's Head needs to put the welfare of people as their highest priority."

"The new records released by FSIS should be considered by the DOJ, especially as they potentially point to a wider, systemic problem," the lawmakers said in a statement. "These reports make clear that there is a culture of noncompliance of critical safety and sanitary protocols."

In a report released Friday, USDA officials said "inadequate sanitation practices" at the Jarratt plant contributed to the outbreak. Product residue, condensation and structural problem in the buildings were key factors, the agency found. State inspectors working in partnership with USDA had documented mold, insects, liquid dripping from ceilings, and meat and fat residue on walls, floors and equipment, the AP previously reported. USDA officials have promised new measures to control listeria in plants that make ready-to-eat foods, including broader testing, updated training and tools, increased inspections, more food safety reviews and stronger oversight of state inspectors who act on behalf of the agency.

Lawmakers including Sen. Richard Blumenthal and Rep. Rosa DeLauro have sharply criticized USDA officials for not taking stronger action against the company, despite documentation of repeated problems. The USDA inspector general is reviewing the agency's handling of the situation. The U.S. Department of Justice is investigating whether criminal charges are warranted.

A BOAR’s Head logo is seen at a bodega in New York, Aug. 30, 2024.
Photo:Stephanie Nano/AP

Wall Street mostly rises after encouraging inflation data despite Lilly's drag

MOST U.S. stocks rose Tuesday following an encouraging update on inflation, though drops for Eli Lilly and other influential stocks kept indexes in check.

The S&P 500 rose 0.1% as three out of every four stocks in the index climbed.

The Dow Jones Industrial Average added 221 points, or 0.5%, and the Nasdaq composite slipped 0.2%.

Stocks got a boost from a report showing inflation at the U.S. wholesale level wasn't as high last month as economists expected. It's an encouraging signal ahead of a report coming Wednesday, which will show how much inflation U.S. consumers faced at gasoline pumps, grocery registers and auto lots in December.

Stubbornly high readings on inflation and a run of better-than-expected updates on the U.S. economy have sent Wall Street into a weekslong rut,

pulling it further from the dozens of all-time highs set last year. The fear is that all the strong data will convince the Federal Reserve to deliver less relief this year through lower interest rates.

The Fed has already hinted it's likely to cut rates just two times in 2025, down from an earlier projection of four. Speculation is growing about whether the Fed may cut rates zero times this year.

Such questions have sent Treasury yields sharply higher in the bond market, which cranks up the pressure on the stock market. Yields slowed their ascent following the update on wholesale inflation.

The yield on the 10-year Treasury held at 4.78%, where it was late Monday. It was below 3.65% in September.

The two-year Treasury yield, which more closely tracks expectations for Fed action, eased to 4.36% from 4.39%.

On Wall Street, KB Home rose 4.8% after delivering a better profit for its latest quarter than analysts expected. The rise in Treasury yields has made mortgages more expensive, but CEO Jeffrey Mezger said buyers nevertheless "continued to demonstrate a desire for homeownership and housing market conditions improved relative to last year."

Mezger said faster build times helped the company

deliver more homes in the three months through November.

H&E Equipment Services more than doubled to top $90 after United Rentals said it will buy its smaller rival for $92 per share in cash. The deal values H&E, which rents aerial work platforms, earthmoving equipment and other products, at $4.8 billion, including roughly $1.4 billion of net debt.

United Rentals rose 5.9%.

Indexes drifted between gains and losses through the day in large part due to drops for several Big Tech stocks. Nvidia fell 1.1% and was the second-heaviest weight on the S&P 500. The only stock to drag more on the market was Eli Lilly, which fell 6.6% after saying it expects to report weaker revenue for the last three months of 2024 than previously forecast.

CEO David Ricks said last quarter's 45% growth in Lilly's revenue for its Mounjaro diabetes treatment, Zepbound obesity injections and other products in the incretin market wasn't as big as expected.

Also on the losing end of the market was Signet Jewelers, which tumbled 21.7%. The diamond seller said its sales in the peak shopping days leading up

to Christmas this past holiday season were below its forecasts. Shoppers were focusing on lowerpriced fashion gifts "even more than anticipated in a continued competitive environment," said Joan Hilson, chief financial and operating officer.

Several of the nation's biggest financial companies will report their latest results on Wednesday, including JPMorgan Chase and Wells Fargo, as earnings reporting season gears up. Such reports are always under the spotlight, but companies may be under more pressure to impress this time around.

If Treasury yields continue to rise, either stock prices need to fall or companies need to produce bigger profit growth to make up for it.

MARINE FORECAST

TRADER Jonathan Mueller works on the floor of the New York Stock Exchange, Monday, Jan. 13, 2025.
Photo:Richard Drew/AP

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