Antigua and Barbuda WTO/US Predicament

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Rawlston Pompey

Thursday, 03 January 2013 02:30

By Rawlston Pompey

Antigua and Barbuda is nationally known as “...Wadadli.” Interestingly, two entities, one an internationally known Beer called “...Wadadli”- a social spirituous drink, refreshing to the taste buds, coldly and moderately consumed.

The other is a “...Chinese Plant,” generating both “...Electricity and “...sparkles of Controversy.” A twin- island nation in the Eastern Caribbean of immense tranquility and captivating scenic beauty, with a Legendary Bridge for “...Devilish rendezvous.” With the negligible size of 170 square miles, there was enough space for a population bordering 100, 000 peaceful, hospitable, resourceful and law abiding people, to share [Sir MacLean]. It was currently embroiled in a dispute with a Superpower over clear reasons- “...Power, Dominance and Protectionism,” due to the advent of Globalization and Trade Liberalization.” The dispute was almost a replication of the Scriptural exploits of “...David.” However, the nation, close to the limit of tolerance, could neither find “...the Sling; ...Swing nor the Shot” necessary for ending the unprovoked declaration of war on its “...Offshore Financial Services Sector by “...an International Giant.” For those who may wish upon its alternative hope, the US intention was very clear - destruction of the Financial Services Sector.

MYTHICAL BELIEFS

It was to be understood that although the World Trade Organization (WTO) “...Dispute Settlement” allows for “...Negotiable Mutual Compensatory Considerations,” no member was so obliged. While the nation may have initially approached resolutions from that perspective, its “...primary Complaint” was the “...US Restrictive Measures” prohibiting “...Access to its Financial Sector.” Thus, it was “...Mythical,” believing that the United States fell within the rules of “...Compellability” in offering “...Compensatory Consideration.” The membership’s “...Commitments and Agreements” were based on the principle of “...Mutuality,” hence disputes may be resolved on such principle.  Contrary to such belief, the WTO’s “...Compliance Panel” had suggested that it “...Retaliated” in kind, but was seemingly considering the inevitability of counteractive US responses. All the ruling said “...If they kill your Dog, you kill their Cat, which may cost them US$21M annually.” However, it might be a Cat that has more than “...nine lives.”

TO RETALIATE OR NOT TO RETALIATE

The question for the nation is “...To retaliate or not to retaliate?” When Finance Minister Honourable Harold Lovell reportedly told the American Press [AP] “...We don’t want to have a fight with the United States, many thoughts may have enveloped his “...Heart,” foremost may have been the effects of “...Retaliation.” There was no doubt that he had reflected upon his childhood days when he may have encountered a “...School-bully,” what he might say or do to provoke his wrath, or which escape route was optional, should he become overly aggressive. Picture the US in the present dispute, no provocative acts may be initiated without considering consequences. Interestingly, the United States National Anthem speaks of the “...Home of the Brave.” This was suggestive that when nations intend to threaten its economy, “...Then conquer, we must when our cause, it is JUST. Contrastingly, Antigua and Barbuda’s National Anthem speaks to “...Live in peace where man is free” and showing peaceful nature of the citizenry, with “...Head, Eyes and Heart” lifted to the Heavens, the citizens cried “...Gives us strength, FAITH and loyalty.” “...Ain’t gonna study war no more Gonna lay down my burden... down by the riverside; ...Gonna shake hands around the world.”

NO MIGHT-NO POWER

The nation, impoverished, boasts no “...war machine or economic power,” but believes in democratic principles, processes and procedures; ...cherished its freedom; ...sovereignty and independence and displays national pride, consistent with international standards and civility. Even in the face of economic turbulences, it is guided by these tenets, if only in “...auguring, promoting and strengthening harmonious relations with member nations.” Thus, in spite of its economic, domestic, international difficulties, and vulnerabilities to “...Superpower Pressures,” it was committed in maintaining friendly relations, even with those fighting to bring about “...economic miseries” on its indigent population. In some respects, unscrupulous, misguided and/or uncaring public officials appeared to have been the cause/s of some of its struggles, with behaviors either bordering insanity or criminality. Notwithstanding, there were still many decent and honest officials, working conscientiously for the “...national and/or common good.” To single out the good ones would be too damning for those who, in “...2013,” are required with conviction and commitment to “...Wash their “...2012” secular sins away.”

INTERNATIONAL MEGATRON

In the not so quiet sleepy village of Liberta, there were two names to remember “...Strongman Stan Richards, more fondly called “...MEGATRON,” known for his extraordinary physical strength and “...YA SOSO BAKERY” famous for its “...Tasty Pastries.” Within the international community, there were several “...Megatrons,” more widely known as the “...Superpowers.” This was a terminology said to have been coined [1994] during what was then called the “...Cold War Era,” pronounced by suspicious rivalry, due to contrasting ideologies of “...Communism and Capitalism. This existed between the Eastern and Western bloc of nations, with the Soviet Union dominating the East with its communistic policies and the United States, ironically (except dispute  settlement with Antigua and Barbuda) promoting Capitalism and democracy in the West. Superpower was defined as  a “...State with a DOMINANT position in the International System which has the ABILITY to influence events, and its OWN interests and project POWER on a worldwide scale to PROTECT such interests.” The United States, for instance, was one such nation- “...Dominant; ...Influential; ...Powerful and ...Able to Protect its interests.”

FOOLS BREAK THEIR OWN HEARTS

When the Mighty Sparrow sang “...Only a Fool Breaks his own Heart,” he may have been suggesting that people shall use their “...HEADS” and not “...follow their Hearts.” The Scriptures teaches that, it was in the “...Heart” where “...Good and Evil” thoughts start. It was also the “...Heart” that failed them for fear [Luke 21:26]. Conversely, it was the “...Heart” that had brought “...immense worries, disappointment, destruction and death.”  Irrefutable Facts: ...A Person felt deeply in his “...Heart,” that he was in Love; ...Lover jilted; ...Overwhelmed by sheer frustration-got gun; ... rope or some poisonous substance/liquid; ...shot, noosed or consumed; ...Lifeless body subsequently found, either lying somewhere or hanging from a make-shift gallows. He had lost his “...Head” and followed his Heart “...To Death.” Thus, when the Mighty Sparrow asked “...Why do I keep FOOLING myself ; ...When I know (in my Heart) that you love someone else; ...Only a “FOOL” breaks his own Heart,” he was cautioning people that the “...Heart” could lead to destruction and/or death. There was no doubt that in his “...Heart,” Mark E. Mendel, a US citizen, loves the United States. Conversely, there was no doubt that in the “...Heart” of Finance Minister Harold Lovell, he too loves Antigua and Barbuda. The citizens wait with bated breaths to see if he would “...Follow his Heart” and lead the nation to “...Death.” Many, citizens appeared to have seen a ray of light, that might bring hope that it may light their world, realizing their dreams and remove that which nurtured anxieties, uncertainties and “...FEAR” from their “...Timid Hearts” even as some continue to harbor a “...False Sense of Expectations,” promulgated by the legally proficient and esteemed Mark E. Mendel.



US DEPARTMENT ML REPORT-2012

There was no doubt that the United States had, and perhaps still has issues over the nation’s cooperation in the fight against “...Money Laundering.” Firstly, there was the sensitive, nagging “...Stanford/King Wiry Bribery Extradition Fiasco.” Then there was the “...Financial Services Sector,” the US has been endeavoring to “...reduce to rubble.” Fortunately, there appears to be no technology developed with “...Drone-like accuracy” in reaching some existing targets it has so far, identified for its SEC’s attacks. It has already caused the successful “...collapse and closure” of the Stanford financial empire, ironically, with the assistance of Antiguan and Barbudan authorities, in discharge of its international obligations. Exposing the nation’s Financial Services Providers, the US State Department had disseminated to social media, the State of Affairs as existed in 2012, that may further affect its ability in earning Foreign Direct Investments (FDI).

STANDING AT THE CLIFF

Like many other nations, Antigua and Barbuda, appeared to have found itself in “...No man’s Land.” An exasperated Finance Minister Harold Lovell, responding to an Associated Press recently that “...We have reached at our Fiscal Cliff” and seemingly, one “...miscalculated step,” may see him falling over those “...at Shirley Heights. The nation was, indeed, faced with a situation that was having adverse effect on a very critical area of a partially diversified economy, its “...Financial Services Sector.” Since, light expatriate-controlled industries had virtually disappeared. Thus, this was a Sector that had generated significant revenues to the economy, which primarily was “...Tourism-Driven.” But then when it appeared that this Sector was booming and seen by the Superpowers as becoming a “...Caribbean Tax Haven and a Home for fraudsters, swindlers and schemers” for American nationals operating “...Offshore Financial or Gambling Services, it fell under their guillotine.

FINANCIAL SERVICES PROVIDERS

This Sector, significantly weakened, by frequent “...Coercive Legislative Amendments,” comprises of several “...International Trust Companies; ...Banks; ...Business Corporations; ...Offshore Companies; ...Offshore Insurance Companies; ...Corporation Management and Trust; ...Wagering Company; ...Money Transfer Services and Casinos, had been progressively thriving. There was no doubt that the recently launched “...Lotto Company” may also have been placed under the “...Eagle’s Eyes for illegal activities. The most damning revelations, however, were its conclusions. Thus, it states “... Antigua and Barbuda is a ‘SIGNIFICANT’ Offshore Center that despite recent improvements remains SUSCEPTIBLE to Money Laundering, due to its ‘Financial Offshore Sector and Internet Gaming Industry. Illicit Proceeds from Tran-shipment of Narcotics and ...from Financial Crimes occurring in the United States and are ....LAUNDERED in Antigua and Barbuda.” It may seem “...wholly unjustified” that the nation be penalized for failures and/or negligence in other jurisdictions for criminal proceeds to end up in a tub in other jurisdictions, for “...bubble bath cleansing.”

PROHIBITIVE ACTS

Though the Services offered through the “...Financial Services Sector,” were legitimate within this jurisdiction, they were prohibitive to US citizens operating outside the United States under Federal Laws “...Travel Act of 1952 (restricting travel to Cuba/terrorist nations); ...Illegal Gambling (Betting/Wagering) Act of 1955; ...Wire Act of 1961 and Unlawful Internet Gambling Enforcement Act [Oct. 31,2009]. Research showed that these were either enacted to prohibit acts affecting “...National Security; ...Economic; ...Public Morality and/or Fraudulent acts against “...innocent and/or unsuspecting victims,” along with the movement of the “...Proceeds of Crime” (Capital) from jurisdiction to jurisdiction. Notwithstanding, their prohibition, under the “...General Agreement on Trade and Tariff” (GATT), special arrangements, agreed in principle in consolidation of the umbrella body called the “...World Trade Organization (WTO) with similar arrangements under a protocol called the “...General Agreements on Trade Services (GATS). It allows for “...Sectorization and Liberalization” of Trade between nations.

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INVIDIOUS POSITION

The nation, with a fragile “...Tourism-based economy,” had been placed in an invidious and awkward position, due to numerous fiscal challenges partly due to a dispute with the United States. Its predicament was compounded by the lack of “...natural resources and competitive industries. Its people have encountered and endured myriad financial and social problems, but have nonetheless, acquitted themselves exceedingly well, that even in the face of adversities, particularly that which were descended upon the nation by nature’s destructive fury, they have persevered, shown great fortitude, a resolve and tenacity that whether or not the symbolic name “...Mount Obama” was reverted to “...Boggy Peak,” if only survival was dependent on“...WIDDY-WIDDY BUSH” [V.C. Bird:Wikipedia-1910-1999 ], “...they were prepared to fight the cause for international justice.”

MORAL/REVENUE ISSUES

A visiting Congressman, Charles Rangel was mindful not to cause fractiousness, or giving “...false hope of expectations,” of early resolutions. He said “...Where we can weigh in, we can discuss our position from a ‘...Legislative point of view,’ with the US Trade Representative (USTR), but in the “...FINAL ANALYSIS” if legislation has to be determined, it may not be on the ‘...MORAL ISSUE’ because some of my friends at the Congress are anxious ‘...for other REASONS.”  Further prompting revealed that the United States was moving towards “...stopping the flow of capital” from its jurisdiction by legislating on a“...REVENUE ISSUE” [Nov. 8, 2007].The United States had enacted the “...Unlawful Gaming Enforcement Act [Oct.31, 2006]. It withdrew its “...Commitments and Agreements” [2007]. These were reflective of its resolve in protecting its “...economic and financial interests.” It might not be very visible to Mark E. Mendel, seemingly harboring “...advocacy of “...Re-Negotiations.” The US, by the enactment “...2007 ENFORCEMENT Act” that had brought down the Stanford Financial Empire following a “...concocted elaborate fraud scheme called Ponzi” [2009]. It has made its position pellucid [Lester Bird] by its contemptuous defiance and consistent pattern of behavior, militating against good foreign relations.

MAN’S UNPREDICTABLE NATURE

Man, known to be a “...wanting animal,” was also said to have “...an unpredictable nature” with an innate appetite for friction. Leaders of some nations have also shown that they too have a propensity for waging wars against economically weak, hapless and helpless people and militarily defenceless nations. While the World Trade Organization (WTO) ruled against a “...Mighty ELEPHANT, Antigua and Barbuda like a “...TINY ANT” was left to bite impenetrably at its hooves [Truehart O. M. Smith, former Police Commissioner-Antigua/Barbuda]. There seemed to be little avenues for the nation in bringing closure to an issue, without contradiction, has been as troubling as it had been thorny issue for the nation. The United States, however, remained “...fearlessly defiant, showing its invincibility-unperturbed, unshakable and immovable. The question many had been asking was whether or not enough “...diplomatic efforts had been exerted” in seeking to resolve the issue. In understanding Diplomacy, it was important to understand, if only academically, what it means. Grade Sixers may later find its meaning useful. This commentary may be serialized, contingent upon time constraints and/or dependent upon other exigencies.

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DIPLOMATIC INKLING

Seemingly, Diplomats may have ignored the lessons taught by Chairman of the “...US Ways and Means Committee,” Charles Rangel. On a visit to Antigua and Barbuda he gave an inkling as to approach. As the name of the “...Committee” suggests“...Ways,” Rangel had directly suggested to the nation a possible way in approaching the dispute, using the”... Diplomatic Corp,” that for seven years, appeared to have failed with some degree of disappointment and miserability. Acknowledging the US’ approach to be unreasonable, the Congressman, prompted for a response, carefully retorted, “...I think my country was wrong in trying to change the rules of the WTO, but this is a very ‘...Sensitive Diplomatic Issue” [Antigua Sun: Nov. 8, 2007].

SUPERPOWER STRANGULATION

When Sixth Graders speak to “...Diplomacy,” the smart studious ones may have quickly logged in a search Online to the “...Merryman-Webster Dictionary” that defines it as (1) “...The art and practice of conducting negotiations between nations; (2) ...The skill of handling affairs without arousing hostility; (3) ...To work in maintaining good relations between Governments”-friendly, in-between or hostile. Given these definitions, it should pose no or very little difficulties for Sixth Graders to associate Diplomatic personnel in a category reflective of maintaining friendly relations when the nation’s Offshore Financial Services Sector was under “...Superpower strangulation.”

THIRD PARTY RIGHTS

How the matter may have been “...strategically approached,” might just have been through the diplomatic channels, enlisting the support of the most influential among those who had “...Reserved Third Party Rights” for added protection. Research showed that “...Mexico, Canada, Japan and the European Communities (suspect US alliance) had reserved their rights to be participants in helping to resolve the dispute. There was no information that any of the “...Reservist Nations” had exercised such rights.” It now begs the question as to “...How effective was the role of the Diplomats in engaging these nations?

DIPLOMATIC DEFIICENCIES

The nation’s Diplomats may have been in a better position to know and/or anticipate that the US was observing its “...Offshore Financial Services Sector” and that a tumble was inevitable. Of course, that was what Diplomats were paid to do “...use the senses “... See, hear, smell, feel and taste-” ...to investigate, then report back to their governments on issues that have the potential inter alia to “...harm relations; ...threaten economic and/or security interests. Whenever, evidence reveal incompetence, non-productivity or behavior suspectedly reflect interests with ‘motive’ conflicting that of the nation and people, conventional wisdom dictates that they may be recall or re-assigned for greater output of productivity. Back then this has always been a “...Law Enforcement Administrative Principle.” If the populace cannot rest peacefully wherever they may be at nights, or eat from legitimate sources of earnings, then today’s policy-makers may very well have a different concept of this principle.

SKILL-BASED DIPLOMACY

Diplomacy, as former Ambassadors Lionel ‘Max’ Hurst and Sir Ronald Saunders may posit, was a skill-based professional function, contingent upon an ability, with tactful articulation on critical matters, including Trade in international forum, using psychological expressions, logicality, persuasively, convincingly and truthfully, for, except simpletons and/or those of inferior intellect, people of average intelligence or of equal superior intellect were not easily “...fooled, even by sentimentality.” Hence, many believed that while “...special situations require specialist personnel,” the nation’s Diplomats might do much more than “...Representative Talking.” Within the Diplomatic circle some may have had more “...Wadadli than Diplomacy.” Consequently, in addressing issues of national interest through international bodies, many citizens have suggested that the right caliber of personnel may be assigned to specific tasks contingent upon their professional competencies.

ROLE OF ATTORNEY GENERAL

Should it be argued that the “...Heart” of men had failed them for “...Fear and Expectations,” of “...Retaliation,” then wisdom dictates that Finance Minister Honourable Harold Lovell uses his “...Head” and not his “...Heart” in the current dispute with the United States. The citizens were curious over the apparent “...deafening silence” of the learned Attorney General, Honorable Justin L. Simon QC. Having assumed the unenviable dual role of “...Government’s Chief Legal Adviser and member of Cabinet, his legal perspective was expected in helping to guide the thoughts of apprehensive citizens. He shares “...Collective Responsibility” for the nation’s “...Legal Affairs-” domestically and internationally. Hence, with a meticulously groomed snowy-white beard, proven professional competence, unassuming with a “...Heart” full of “...wisdom, powers of reasoning, effective articulation, conscientious, a “...Head” congested with intelligence, he may have been heard providing “...Legal Perspectives” on the contentious dispute involving the nation.

LEGISLATIVE CHAIN REACTION

The expatriate operators, mostly United States citizens were found to have been conducting Gambling business through the “...Internet or Wire Services” targeting Sports- “...Football; ...Racing- horse or otherwise, offered by American business operators to nationals in their respective countries, the two Superpowers, the United Kingdom and United States, under the guise of “...Criminality-specifically Money Laundering,” pressured the nation into curtailing the flow of US currency through Wire and Internet transactions. Firstly, Antigua and Barbuda was “...coerced into enacting” tighter legislation to police Money Laundering” [Wikipedia: 1999]. In so doing, it produced a “...chain reaction,” not only within the Sector, but also within the Legislative Chamber.

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SUPERPOWER SYNDROME

The protracted “...Trade Dispute” between Antigua and Barbuda speaks to such breach, evidencing the lack of a consorted efforts and understanding, not necessarily of rules, but how contentious issues were to be addressed or resolved, without “...intimidation, procrastination, contempt and/or defiance. These have always exacerbated situations and had militated against creating an environment for mutual respect, cooperation and harmonious relations. What may be seen as being at play were “...power and dominance” evidence of the “...Superpower Syndrome.”

NATIONAL COMMITMENTS

It was to be expected that that nations and their representatives seeking membership in International Bodies understand their role and functions, particularly “...Mission Statements.” They shall know their “...goals, aims and/or objectives; ...approaches and methodologies or that which might be done in achieving them; ...the cost factor; ...implications or repercussions; ...Advantages and Disadvantages.” More fundamentally, however, nation’s representatives need to familiarize themselves with the rules of play, processes and procedures. More importantly, “...Commitments and Agreements” made in principle and mutually agreed upon, shall be honored, while disputing parties shall arrive at amicable solutions. In some environments, however, these were observed more in breach than in practice.

CONCLUSION

Research showed that those who ran the United States Presidency with “...pragmatism” had said what they meant and accordingly, reflected their expressions in actions either “...decisively, consistently or contrarily.” For instance, during the “...George Bush Administration,” the President was quoted as saying “...I will work to create an entire hemisphere in Free Trade [Wikipedia: AP Oct.31, 2000]. “ Occasionally, situations dictate that a President, as Commander in Chief, leads from the front. Thus, he was expected to “...flex his presidential muscles” in protecting American interest. Thus, the Presidency allows for the exercise of “...Executive Privilege.” There was a school of thought that Prime Minister Honourable Dr. Baldwin Spencer may wish to engage President  Barak Obama in solicitation of consideration of his “...Executive intervention that the dispute may be amicably and satisfactorily resolved.

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