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CARIB | Aug 31, 2022

Eastern Caribbean hauling Trinidad to CCJ

/ Our Today

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External view of the Caribbean Court of Justice’s (CCJ) headquarters in Port of Spain, Trinidad and Tobago. (Photo: Twitter @SaintLuciaGov)

The Eastern Caribbean Currency Union (ECCU) is hauling the Trinidad and Tobago Government to the Caribbean Court of Justice (CCJ).

The issue stems from the non-payment of millions of US dollars linked to the collapse of Trinidad-based insurance companies CLICO and British American Insurance Company (BAICO) in 2009. Antigua and Barbuda Prime Minister Gaston Browne, chairman of the ECCU sub-committee on insurance, confirmed that the decision was taken over the weekend to take the Keith Rowley administration before the Port of Spain-based CCJ.

The ECCU comprises the islands of Anguilla, Antigua and Barbuda, Dominica, Grenada, Montserrat, St Kitts and Nevis, St Lucia and St Vincent and the Grenadines.

Browne said the meeting agreed unanimously to take the T&T government to court after three failed attempts to get them to pay the outstanding funds.

Prime Minister Gaston Browne during his tenure as CARICOM chairman in August 2021. (Photo: caricom.org)

“…I suspect, knowing Keith (Rowley) he is not going to climb down, but at the same time we have a job to do to protect and promote the interest of the Eastern Caribbean Currency policyholders and stakeholders generally,” Brown declared.

All diplomatic efforts have failed

Continuing, he said, “So on the basis that all diplomatic efforts have failed then we now have to as a last resort engage legal counsels who will pursue the amount outstanding. I chaired the meeting of the sub-committee on insurance and the decision of the committee is for us to pursue legal action against the government of Trinidad and Tobago. So within the upcoming weeks, we will be engaging legal counsel to get a further brief on our legal position and at the same time pursue the issue at the Caribbean Court of Justice in its Original Jurisdiction.”

The ECCU claimed that Trinidad and Tobago had made a commitment to pay US$100 million to its member countries, but only US$40 million was disbursed following the collapse of CL Financial, the owners of CLICO and BAICO. In October last year, a group of British American and CLICO policyholders in the Eastern Caribbean filed a lawsuit at the CCJ against the T&T government with Prime Minister Browne indicating that the ECCU decision to follow suit had been in the works for several years.

According to him, “for the last seven years we have been trying to engage Dr Keith Rowley to have a sit-down and to see how we could resolve the issue to even probably issue some bonds at a low-interest rate…so it doesn’t affect the cash flows of Trinidad and Tobago. I have to tell you all of the efforts to engage Dr Rowley would have failed.”

‘No personal fight with TT prime minister’

Prime Minister Dr Keith Rowley speaking during a November 2020 virtual address to the nation. (Photo: Facebook @OPMTT)

Prime Minister Browne stated that the latest decision to take the matter before the CCJ should not be viewed as a personal fight between himself and Prime Minister Rowley.

“No one should see this as a hostile position between myself and Prime Minister Rowley. I think we are still reasonably good friends, but we have a difference of opinion among the family and the only way to settle this is to take it to the CCJ and that on the basis we are successful then Trinidad and Tobago will be forced to pay,” Browne trumpeted.

He added, “Now the basis of this litigation, as I have said before, is based on the discriminatory act by Trinidad and Tobago in which they took care of their people and they left the Eastern Caribbean policyholders to hold the bag and you have to understand that these companies are limited liability companies and the assets they acquired monies from the Eastern Caribbean were utilized to acquire these assets.”

Since taking over the chairmanship of the sub-committee on insurance in the ECCU last year, Prime Minister Browne has said that significant progress has been made in recovering some of the investments in CLICO made by residents of the Eastern Caribbean.

He noted, for example, that Barbados’ government has agreed to pay US$37 million for the real estate assets of CLICO International in Barbados, and for BAICO “we will be getting some US$9.2 million from the government of St Kitts for the Nevis Island Administration Fund”.

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