Restrictive Measures - Economic Terrorism

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Rawlston Pompey

Monday, 14 January 2013 02:30

By Rawlston Pompey

Though seemingly faced with the threat of “...Dumping of Goods,” the nation of Antigua and Barbuda has enjoyed extraordinary relations with the People’s Republic of China (PRC), based upon “...mutuality and international commerce,” as opposed to that of its former Colonial Master Britain and an estranged bi-lateral friend, the United States.

Ironically, both had allied themselves in declaring “...Trade Wars against a weak and defenceless nation, placing its economy under almost total strangulation. Using its Laws as “...methodologies” for protecting its Financial markets, their “...overwhelming dominance, affluence and influence” were to be seen as having devastating consequences, not only on the nation’s economy, but also on the quality of life of its people. There was no doubt that the government and people of an impoverished nation,” without hypocrisy or contradiction, can deem the “...long-running Trade Dispute” with the United States, as a wanton act of “...Economic Terrorism.”  The restrictions, disguised in enactments, were said to be aimed at “...Money Laundering Prevention; ...Wire Gaming-Betting and Waging; and ...Internet Fraud, have affected potential Offshore operators.

WTO- SANCTIONABLE RULING
The “...FINAL WTO RULING,” was unambiguous, but clearly poses “...enforcement repercussions.” These were obvious to former and current Finance Ministers Senator Dr. Errol Cort and Harold Lovell, both professional attorneys. It stipulates that “...Antigua and Barbuda may Violate Agreements with the United States in “...Retaliation” to the Restrictive Measures” it has in force, affecting its Financial Services Sector;...Free and Fair Trade and ...Economic growth.” The ruling on Sanctions were meant to be just that, “...Holding Bulls by the Horns.” Hence, if one possesses the “...strength of a young lion or ...skills of a matador, and as courageous like David, then even from the front, the “...Bull may be held by the horns.” Within the WTO, a“...Retaliatory principle exists” and the same was applicable, not necessarily when situations demand, but also when it was appropriate. To survive, however, weak nations must compromise- “...surrendering Sovereignty; ...independence and sometimes ...National Pride.”

MONETARY VALUE
Apart from mythical beliefs, monetarily, the Sanctions represent no revenues for the Consolidated Fund. Seemingly, other than Mark E. Mendel, inferentially attempting to “...woo Finance Minister Harold Lovell and the nation down a costly journey on a slippery slope to economic catastrophe,” conventional wisdom cautions the Trade and Finance Minister that “...Sanctions” may also take the insolvent nation on a “...perilous journey to further destruction.” The US economic might, influence and resolve in protecting its national interests are well known, both domestically, regionally [Grenada Intervention: March 13, 1979] and internationally. Thus, that which in the legal opinions of attorneys, seen as “...justifiable and/or expedient,” had invariably been proved neither “...politically correct, nor economically beneficial.”

NOTABLE FAILURES
Though the nation had tried persistently, the ongoing “...Trade Dispute between Antigua and Barbuda and the United States” speaks to several un-contradictory failures, namely; (1)... Diplomatic failure;   (2) ...Lobbying failures and (3)  ...Compliance failure.” Firstly, there were the Diplomats who appeared to have “...scratched the Cue or ‘8’ ball,” followed by “...Lobbyist Joseph ‘Joe’ Watkin” who appeared to have been “...thrown out the rink by Finance Minister Honourable Harold Lovell.” Then a US Consultant firm “...Levick Strategic Communications,” under the leadership of Richard S. Levick CEO, was reportedly continuing pursuit of a settlement that seemed as remote as the approximately 93 million miles distance of the sun from the earth.

IMPOSITION OF SANCTIONS
The WTO expects disputes arising from “...Commitments and Agreements” made by “Ministers for free and equitable trading between nations and access to their respective markets,” to be settled “...Mutually” among themselves. It was also to be seen that where no resolutions were possible, set them against each other with suggestions of the “...Imposition of Sanctions. Thus, in the instant case, the services ADVISED (not ordered), for sanctions, were “...Trade Services-Intellectual Property; ...Copyrights and ...Trade Marks,” that the US be “...deprived of Revenues not exceeding US$21M annually.” Contrary to popular beliefs, this represents no “...actuality in cash component to the nation.” Since these were “...primarily services offered to the US, only Services were sanctionable.” These therefore, in and of themselves, were “Services” that may be justifiably targeted.

VEXATIOUS AND CONTENTIOUS ISSUES
In modern civilization, specifically everyday human affairs, some issues always have the potential for disagreements and/or disputes. These issues, sensitive, vexatious and/or contentious as they may be, had either affected individual, communal, societal or national interests. Domestically, these issues invariably affected, inter alia, the “...socio-economic, political, cultural, educational, technological and/or national security.” These, therefore, necessitate cautious approaches. Thus, efforts were to be “...peaceful, yet purposeful, vigorous and painstaking. Similarly, International Affairs were to be approached with a sense of diligence, urgency, civility and diplomacy. It was universally accepted that “...Foreign Affairs” were primarily the “...functions of Heads of State, specially assigned Ministers or more specifically, members of the Diplomatic Corp. Diplomats, therefore, with a task of grave significance and undertaken with conscientiousness, they were expected to exert as much influence, using “...tact and discretion, professional wisdom, exploiting their negotiating and persuasive skills advantageously. Even with these attributes, their “...success or failure” to a large extent, was dependent upon rationality, mutuality of interests and the level of “...professional competence employed and power of influence exerted.”

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ILLUSORY OPTIMISM
There may be no question of the firm’s reputed specialization and expertise in, inter alia “...Dealing with Crisis or Influencing Lawmakers” [Wikipedia]. However, this was to be seen as a costly affair, with no indications that it may succeed or fail. However, the Finance Minister and distinguished attorney Mark E. Mendel seemed to have been harboring “...illusory optimism” that the nation just might succeed. Quoting from “...Justice Department Records,” reporter Kevin Bogardus [News Alert: Oct. 28, 2012] had revealed two important, but sensitive issues on US“...Freedom of Information and Transparency practices.” He wrote that “...Antigua and Barbuda had incurred contractual fees for Lobbying Services worth US$240, 000 on a six-month contract.” This was clear evidence that the nation wished no ugly confrontation with the United States, thereby taking the position in “...paying what it takes in resolving the dispute.” Observers, however, believed that it might be imprudent in “...Lobbying” the national coffers dry.

LOOMING INTERNATIONAL TUMBLE
The Caribbean Community (CARICOM) and Organization of Eastern Caribbean States (OECS) look on, along with other prominent members of the World Trade Organization (WTO)-Mexico, Canada and Japan had been monitoring the nation’s ambitious proposal in effecting “...Retaliatory Sanctions” against the powerful United States. The Editorial Staff of the Jamaica Observer prudently warns of “...Antigua and Barbuda’s vulnerability to United States displeasure” [Dec. 23, 2012] over contemplatory retaliatory initiatives. There may be no headaches for Mark E. Mendel, but certainly for Finance Minister Harold Lovell who appeared “...hesitantly hell-bent” in causing his successor Tourism Minister John Maginley avoidable anxieties. The latter has the onerous task in wooing American visitors who may spend more on souvenirs, than displaying propensities that may result in “...Ugly Fisty Tourist/Police Brawls” in Shops instead of a bout on the dispensed Band Stand.

NEGATIVE GROWTH
Such sanctionable move against the US, many have posited, may determine whether or not the dispute may end in “...amicability or hostility,” or merely a “...rumble by the nation” with an economy, economic experts contended was mired in recession, evidenced by “...recurrent yearly negative growth” [Senator Weston]. He further argued that while those who may wish to resort to economic policies, suggesting prospects of “...economic growth and/or prosperity,” shall know that it was not the same with structuring a proper economy that it may grow with capital derived from Foreign Direct Investments (FDI’s). These he posited would help to stimulate the economy, providing employment opportunities and empowering people with more “...disposable income and improved quality of life.”

UNITED STATES WITHDRAWAL
In the Globalized community, “...Sectorization and/or Liberalization of Goods and Services,” under ‘WTO’s Rules, provides for members “...acting in good faith and reason and within stipulated timeline, “...the right to withdraw from any Commitments and/or Agreements” made by “...Trade Ministers or Ambassadors.” In 2007, under the “...Presidency of George W. Bush, the United States,” without consultations, singularly acting outside the stipulated “...Timeline of Six Months,” withdrew its “...Commitments and Agreements” from all nations, denying further access to its “...Financial Services Sector.” Whether or not the United States had breached the WTO Rules, when it announced to the membership that it had “...withdrawn its Financial Services Obligations, in its view and actuality, the US had autonomously relieved itself of all “...Commitments and Agreements.” Thus, the President by such announcement, had demonstrably shown that “...irrespective of ally, enemy or consequences,” the US will not be subjected to coercion and/or abide by “...Timelines, in protecting its economic interests.” This had caused difficulties to the nation’s economy.

AMBITIOUS MOVE
Seemingly, in an extraordinary, if not ambitious move,” Antigua and Barbuda, as a “...Lone Ranger,” seeking” through the ‘WTO’s’ Negotiations and Arbitration Panels “...reasonable and amicable settlements, including a demand for compensatory considerations for what it had deemed “...Restrictive Measures imposed by the United States.” Outside Mark E. Mendel and his legal team’s legal success, it was obvious that the nation’s “...representatives ambassadorial staff” had experienced as many difficulties“...negotiating,” as they had in exerting influence” on the United States in compensating and/or removing the offending restrictions. It was also apparent that such were the difficulties of the “...WTO’S Compliance Committee,” in ensuring that the US complied by April 6, 2007” [Wikipedia].

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ANTIGUA PUSHES AHEAD
When news reporter Carol Williams revealed that the nation’s esteemed lead attorney Mark Mendel in the US/Antigua and Barbuda gaming dispute, intimated that “...Antigua Pushes Ahead in Gaming Row” [Caribarena: Dec.24, 2012], citizens shared no optimism that the US attitude would be different to that which led to arbitration. Instead citizens already confused over terse explanations on the Ruling, appeared to have been more bewildered over the protracted dispute. Many were aware that the attorney had already achieved “...a symbolic ruling.”  Though the Ruling was significant, even after “...negotiations, arbitration, appellate and Compliance processes it had brought “... no monetary value to the nation.” The symbolism attached to it may have been reflected in the contemptuous manner it was ignored. Even more mindboggling was the apparent “...new role of the lead attorney Mark E. Mendel in seemingly, a persuasive attempt in wooing United States into honoring “...commitment and agreements” it had withdrawn from the entire membership of the WTO.

SHIP RIDERS AGREEMENTS
Under “...special Security arrangements between the Caribbean,” more commonly called the “...Ship Riders Agreement (SRA),” CARICOM and OECS” nations were “...forced into surrendering their Sovereignty, Territorial integrity, Airspace and Economic zone, in agreements” with the United States. The irony may be seen from these undisputed facts. The protocol “...Marine and Over-Flight Agreement” [1996], allowed for unfettered access for “...Land, Air and Sea Patrols by US Coast Guard and Navy vessels and planes;” (1) ...To conduct Search and Seizure Operations” by US Law enforcement authorities within the region’s territorial borders; (2) ...To pursue and intercept foreign vessels and planes suspected in “...Trafficking Drugs, Guns and Humans destined to the US;  (3)...Forcing them to sail or land at the nearest Sea or Airports; (4) ...Seize and capture suspects, (5) ...then transport them to US jurisdictions for trial.” Such seizure and capture have so far affected “...St. Kitts Nevis and Trinidad and Tobago.” This had provoked widespread public consternation, making some regional Heads wobbly. These had affected relations with the United States for surrendering Sovereignty and citizens in acceding to US demands.

ECONOMIC MISERY
Most interesting, however, was a visit to Barbados by US President William ‘Bill’ Clinton [1992-2001]. In attempt at lessening Opposition concerns, anxieties and/or disquiet among regional peoples, at a “...Summit” expediently convened on May 10, 1997, many leaders may have been “...unsuspectingly” or out of “...sincere ignorance or conscientious stupidity” [Martin Luther King Jr.], lured into a “...Revised Version of the “...Ship Riders Agreement (SRA),” illusory named “...Partnership for Prosperity and Security in the Caribbean”. Regional Heads appeared to have been more interested in the flippancy of “...photo sessions,” as opposed to engaging the President in “...serious economic discussions,” consistent with “...Partnership for Prosperity.” Seemingly allowing their “...minds to be re-colonized,” many got lost in the novelty of the occasion. Many notorious criminals had often complained “...We were tricked and framed.” It was not clear, how many may have cried “...foul,” but the “...Restrictive Measures imposed on the Offshore Financial Sector,” certainly had Finance Minister Harold Lovell groveling over such “...Partnership” bringing the nation, not only close to its “...Fiscal Cliff,” but also “...Economic Misery” on the citizenry.

RUM RIVALRY
Agreeing to the “...SRA’s MOU,” it was clear that regional Heads of State may have had their blood streams saturated with copious quantities of “...Red Stripe, Wadadli, Banks, Piton, Carib, Hairoun beers; ...Appleton, Bois Bande, Captain Bligh, Cockspur, Gosling’s, Kweyol, Mount Gay, Plantation, Royal Oak, Sam Willard’s, Sixty Six, Sunset, Eldorado and English Harbour Rum,” as to have acted under impair judgment, when they agreed to the “...SRA” at the behest of the United States. Interestingly, these were some of the Caribbean’s finest “...staggery beverages,” that Sir Ronald Saunders had warned, were facing “...unfair competition, US subsidies and unprovoked trade wars by the United States.” He had described the situation as “...Rum Rivalry” [Caribarena: Dec. 23, 2012]. Seemingly, agreements for equitable market access for the region’s alcoholic beverages would have, perhaps, made better “...trading and economic sense.”

STRATEGIC/TACTICAL INITIATIVES
Many regional Heads still remain under the illusion that their national interests were being served. Strategically, tactically and “...cost-effectively,” the US had shifted its “...Marine and Air Operational rendezvous, focusing instead on “...Logistical Provisions” while shifting “...Operational Cost to the CARICOM/OECS,” by providing “...Interceptor High Speed Gas-Guzzlers Vessels”. The most recent recipient of such provisions was Antigua and Barbuda, not necessarily in protecting its territorial integrity, but under the guise of “...Fighting Transnational Crimes” [Caribarena: Nov.27, 2012]. It was obvious, that it was gift intended specifically for protecting “...United States Security and economic interests.”

HEAVY US MANNERS
Those who may have been “...legally advised to impose sanctions against the United States” in bringing about “...dispute resolution that “...economic growth and prosperity” might be realized, may wish to be reminded of its “...coercive power and intimidatory tactics” in responding to its “...Security and Economic interests.” The citizenry may recall the contentious security arrangements “...prepared, coerced and/or imposed upon CARICOM/OECS countries” through a “...Memorandum of Understanding (MOU), called the “...Ship Riders Agreement-1996,” should recollect how Heads of Governments, particularly, Trinidad and Tobago and Barbados that showed “...disapproval and/or offered resistance came under “...heavy US manners.” The United States had many ways of “...Skinning Economic Cats,” evidence of which may have been seen from the recent “...Barbados Experience” as it affects “...International Commerce.”

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TRINIDAD/BARBADOS EXPERIENCES
Firstly, Trinidad and Tobago with its natural resources of “...Oil and culture of Calypso, Steel band and Soca music, Humming Birds, Mango Chutney and Roti,” while Barbados with “...Flying Fish and Coo-Coo, a festival full of Crop Over fun and frolic, spooge music and Mount Gay Rum” [1703], could not avoid US wrath on their “...National Security and International Commerce.” The former had its grant in “...Military Aid,” logistically cut from its Defence Force, while the latter saw its “...International Airport down-graded as “...Security and Flight risks, primarily to American citizens.” Both countries, Trinidad and Tobago and Barbados, buckling severely under US coercive and economic pressures, eventually signed on to the Memorandum of Understanding (MOU) [1996] that allowed for the “...continued flow of military aid/logistics and American planes laden with tourists” to their respective countries. The US had won with“...intimidating fervor.”

CONSEQUENCES FOR NON-COMPLIANCE
Barbados troubles appeared far from over. Research showed that “...The US Federal Aviation Authority (FAA) Slams Barbados Airport.” Rating it ‘2’ below Nigeria. The FAA had placed it in the category of a low category with”... Congo and Bangladesh” [Barbados Free Press: April 13, 2011]. Referring to the “...Barbadian Veneer of Compliance,” the report States “...Barbados has taken it on the chin for failing to comply with international standards concerning ...Tax Avoidance, Banking, Insurance and Trafficking in Humans to name a few.” This showed that Antigua and Barbuda was not alone under the radar of the US Watchdogs. Citizens had found it unclear why the nation continues to use the respective “...Legal and Lobbying Services of Mark E. Mendel and Levick Strategic Communications” at exorbitant costs in fighting a losing battle with the United States.”

DOCILITY/COMPLIANT
For almost a decade, though embroiled in a Trade Dispute with the United States, the nation had demonstrated evidence of its pacifistical intent, along with its “...docility and/or compliant attitude with the Rules of the WTO.” It had to contend with its obligations under International Law and those of agencies dominated by those called “...Superpowers.” The nation continued with a “...Progressive Legislative Policy of compliance and honor of its “...International Commitment and Agreements.”  This may have been seen from the passage of stringent Enactments affecting financial services. Even then Legislators may have known or reckless not to know, that such policy may have had detrimental effect, if not destructive consequences for the “...Offshore Financial Services Sector and its fragile economy.” They also may have known that the nation’s “...Trade Woes within the United States were spill-off effects” from the coercive attitude of the Superpowers. These were disguised under the umbrella of “...Money Laundering Prevention.” In fact, pundits have argued that “...they were slowly killing off the Financial Services Sector.”

COOPERATIVE AND COMPLIANT
Few Parliamentarians were aware of such possibility of a US defiant stance. Though there may have been indicators as to the mood of the United States, many appeared not to have learned of the dangers they invariably posed to the nation’s economic welfare. The nation was cognizance of its limitations and obligations to the WTO, including its economic relationship with the International Monetary Fund (IMF). Whether or not policy-makers knew, apart from lending money, one of its functions, was “...facilitating International Trade” [IMF Website]. Given its international reputation, mission and “...strict monetary conditionalities,” economic experts believed that along with the People’s Republic of China (PRC), the ‘IMF’ may have been used for lobbying purposes. Many have asked, “... Could the nation successfully fight against these institutions and against the United States, which memberships, missions and objectives appeared intricately linked with and/or correlated to each other? Offshore Financial expert, Ron Maginley appeared adamant that much was not done in engaging influential members of the WTO, so as to garner support for amicable resolutions to the Gaming Dispute.

BATTERING
There was no doubt that the nation has been as “...Cooperative and Compliant” as it possibly could, even at the risk of “...Legislating its Financial Services Sector “...out of the US Financial market” [Ronald ‘Ron’ Maginley: ZDK: Jan.10, 2012]. He argued that Antigua and Barbuda now has “...limited or no access,” and cautioned that it may get worse. Even in its precarious position, during the legislative process, some parliamentarians took a “...battering by overzealous Legislators in the House of Representatives and a pummeling form others in the Senate. Several of whom seemingly, displaying conscientious diatribic support,” had turned themselves in “...Battering Rams and Ewes. Then there was the passage of Bills after Bills and Amendments at will. For instance, prior to 1999, Law Enforcement Agencies discharged their duties under the “...Extradition Act No.12 of 1993; ...Proceeds of Crime Act, No.13 of 1993; ...Mutual Assistance Act; ...Money Laundering Act No.9 of 1996.” Then these were followed by a progression of Amendments- “...No. 9 of 1996; ...No. 9 of 1999;...No.6 of 2006; ...No 16 of 2008 ...No. 1 of 2009; ...No, 11 of 2009/2010; ...Banking Act No.14 of 2005;...Companies Amendment Act 2009; Cooperative Societies Act No. 8 of 2010; ...Money Services Business Act 2010/2011; followed by others relating, inter alia, amendments to “...International Business Corporation Act 2010/2011; ...Corporate Management Trust Services Providers Act 2008/2010; ...Prevention of Terrorism (Amendment) 2010 and ...Countering Terrorism Financing Act (CTFA); ...Insurance Act 2010/2011, including amendments to the ONDCP Act 2003 for greater efficiency- ... all irrefutably, coerced by the Superpowers.

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HECKLERS JEERERS AND JESTERS
As the parliamentary debates became more intense and heated, the proceedings were tarnished by “...ungainly” manly and womanly behaviors.” Martin Luther King Jr. cautioned about “...sincere ignorance and ...conscientious stupidity” [Wikipedia: Famous Quotes]. While some may have been seen as “...filibustering,” an insignificant number of members, particularly one identified as “...Tarm Moe” may have been an embarrassment to the Parliamentary Chambers and the citizenry. He may have been audibly heard “...disrupting; ...heckling; ...jesterng and/or jeering.” Contrastingly, others decorously contained themselves, making meaningful contributions to the debates. There were many cautionary advices, particularly those offered by House and Senate Members Honourable Molwyn Joseph, Lennox Weston, Sylvia O’Marde and Paul ‘Chet’ Greene. They had frequently spoken of “...peace-meal legislation with clauses” that they felt would bring “...further woes for the Financial Services Sector.” Others seemingly “...towing lines” not used in the Fishing Industry may have felt that they had “...hooked on something” that were neither a “...Tuna, Grouper nor Snapper.” The United Kingdom and the United States knew exactly what was required in keeping the nation’s Financial Services Sector in check, while the majority had been most accommodating. *** To be continued.

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