Bahamas Customs and the point of a gun

Christopher D. Lowe

There is only one entity/service that we as citizens are forced to use: Government services.

The only legal way for governments to bring that gun to bear on a citizen or lawful entity is in the enforcement of, or as a consequence of, breaking the law.

But the company that I work for is now experiencing that enforcement in a completely different and unlawful way: The refusal of Bahamas Customs to clear any goods for the company, unless a report, a new and previously unknown report is submitted not henceforth, but retroactive to January 2010.

Notwithstanding the fact that the form and function of this report is an unknown, and that they have not displayed even the most cursory of professional approaches and notwithstanding there is no legal basis for the requirement of such a report, we are to comply, or perish at the end of a bludgeon.

No goods imported, sales plummet, income diminishes, cash flow issues ensue, and layoffs become reality. The fate of 100 Bahamians employed hang in the balance.

What an unstable position and potentially ignoble end for what can only be described as an upright, longstanding and forward thinking company which remits almost a million dollars to the treasury each year, in spite of the economic downturn. A Company owing no taxes, NIB contributions, Import duties,  a company in existence and good standing since 1965.

Of course, the silence by the Grand Bahama Port Authority is disappointing, but not unexpected as they have neglected their responsibility to their licensees very consistently over the years, with not a care for the erosion of the rights they bestow under the Hawksbill Creek Agreement. I also believe they have been involved in litigation against licensees more often than anyone else and have never come to the aid of their partners in Freeport. They do not even defend the very document/act that provides for their existence.

We could capitulate, but if our past experiences with Bahamas Customs are any indication, we would be committing suicide. It would be granting them the willing consent of the victim.

So we fight for the right to exist, to trade, to enjoy the benefits granted by the Hawksbill Creek Agreement, but not just for ourselves, but for all licensees, including those who have capitulated under the same threat and gun. We fight for our community and our place in it.

We cannot be forced to produce, to innovate, and to strive, at the point of a gun.

Nor should we be robbed at the point of a gun. Now more than ever, the country needs the best and brightest, the innovators, to help bring the economic prosperity we so desperately need.

Government is not the economy, and their meddling always has detrimental effect and yet they are the biggest benefactor of the proceeds from legitimate business activity.

Dead chickens don’t lay eggs; therefore they should mind how they walk through the coop.

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8 Responses to Bahamas Customs and the point of a gun

  1. HK's avatar HK says:

    Who is John Galt?

  2. Rick's avatar Rick says:

    Absolutely.
    It’s “deja vu all over again”.
    Chris many of us are proud of your stand for what is right.
    What can we no here in Nassau to assist?

  3. C.Lowe's avatar C.Lowe says:

    First and foremost, and just like our constitution, most of us are ignorant of our constitutional rights because practice seems to bear no correlation to the written law.
    One of the greatest detriments to the success of Freeport has been the the Government and Port Authority “cutting deals” outside of the scope of the H.C.A. and the practice being arbitrary and almost unrecognizable to most.
    Freeport represents a golden opportunity for the Country with respect to Tax migration to Sales or Vat tax, which our Government is rushing headlong into via WTO, with no clue as to eithers operation.
    The original intended purpose of Freeport has almost been killed, but it sits waiting to be of benefit to the whole country, not just to the ever shrinking business community of Freeport itself.
    Report have been produced, recommendations made, meetings held, to no avail.
    We fight on for our own right to exist, and for the benefit of all.

  4. C.Lowe's avatar C.Lowe says:

    Update:
    Bahamas Customs has requested that we re-submit all entries and documentation on the 10 trailers for them to be cleared.
    I believe a higher authority had to intervene, which while appreciated, perhaps demonstrates the disfunction of and micromanagement of Government services.
    as always, forging ahead.

  5. Rick's avatar Rick says:

    Great news Chris.
    Thanks for having the backbone to stand for a principle that is fast being eroded as a result of people wanting government to their patriarch.

  6. sidney sweeting's avatar sidney sweeting says:

    I am very proud of you Chris and also very happy about your update but, I do find it very sad that, as you said, a higher authority had to intervene.
    Also there is the “what if”- suppose you were not as aware of the law as you are and did not have the backbone to fight.

  7. C.Lowe's avatar C.Lowe says:

    And that Sidney, constitutes the other 99.99% of the population, those who are not aware. (not accurate, but you get the point)
    I do not seek enemies, but I will respond to those who seek me.
    Rather than pull me and mine down, imagine a population free to aspire, within the law of the land.

  8. GQ's avatar GQ says:

    If you read the story in the Business Section of the Tribune of October 6th. reference Tamese Knowles and IE Imports. It is interesting that she is complaining about duty rates etc. She and all the “Couriers” have a privilege that no other importers have. They bring goods into the country for MANY companies and individuals and do not produce documentation that others have to. She does not complain about that. Because she is based in Freeport where the junior minister in finance represents they were given “special permission” to operate in this manner. She complains about varied duty rates, what about the varied manner in which she and others operate while other Bahamians have to toe the line.
    Recently I spoke with someone from a family island he was shocked when he learned that a DC3 load of freight was brought into a port by a “Courier” and allegedly only a couple hundred dollars duty was paid. No wonder the country is broke.

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