Has NDP deceived its people with NCL & DCL agreements?
The Government on behalf of the BVI Ports Authority inked what they called, the 15-year deals with Disney Cruise Line (DCL) and Norwegian Cruise Line (NCL) on January 17, 2014, which they claimed offered preferential berthing rights to the two companies and guarantees the Territory over 400,000 passengers starting in May 2015.
With this Smith Administration on record claiming to be the government in the sunshine Virgin Islands News Online visited the Registry of High Courts in an attempt to follow protocol where all contracts are usually sent to be registered giving the public access to the documents.
However, we were told that the 15-year deal with Disney Cruise Line (DCL) and Norwegian Cruise Line (NCL) inked by the Government on the behalf of the BVI Ports Authority on January 17, 2014, with the usual media flare, was not there.
The officer suggested we check the Ministry of Natural Resources and Labour but wisdom led us to the office of the Premier. We were however referred by the Premier’s Office to the Ministry of Communications and Works when the responding telephone officer confirmed that the document is not for public release.
However, we had many calls from both traditional sources inside the NDP Administration and some new sources offering us a copy of the document/signed contracts however, because we wanted to maintain our well known media ethics in following procedures we held off from accepting the copies giving the Government some three weeks to make the document public.
NDP culture of secrecy
In the first instance one would ask the question why would this NDP government sign an agreement with two foreign companies agreeing to keep its contents a secret from its people. The answers are all locked in the documents and shows why the Virgin Islands Party (VIP) Opposition continues to say the NDP Administration cannot be trusted with the truth.
According to the agreement signed by the current government with DCL and NCL the Administration cannot make the agreement public information.
NCL confidentiality section states in part:
“The terms and conditions of this agreement and any information and data of any nature including, but not limited to, all data transmitted by and between the parties in connection with this agreement (whether before or after the effective date hereof), any customer sale information, technical, business plans, marketing, promotional, intellectual property, trade secrets, technical and other non-public information which is designated as “confidential” by the disclosing Party shall be deemed “Confidential information”. The parties acknowledge that all rights to such confidential information disclosed to the receiving party, whether such confidential information is oral or written, are reserved by the disclosing party. Except as expressly permitted by this agreement, all confidential information (i) shall be held and protected by the recipient in strict confidence with at least the same degree of care that the recipient uses to safeguard its own confidential information; (ii) shall be used by the recipient only as required to render performance or to exercise rights and remedies under this agreement; (iii) shall not be produced or copied, in whole or in part, except as necessary for its authorized use under this agreement; and (iv) shall not be disclosed to any other third parties without the prior written consent of the disclosing party……..”
DCL confidentiality section states in part:
“Except as otherwise required by law or the regulations of any securities exchange or securities trading system, DCL and BVIPA agree not to disclose confidential information (as defined in this Article 13.1 below) to any third party other than to their respective directors, officers, employers and agents (and directors, officers, employees and agents of related or affiliated companies) and advisors (including legal, financial, insurance and accounting advisors) (collectively, “Representatives”), who: (i) have a definite need to know such information; (ii) have been duly apprised of the requirements of this Article, and (iii) are or will be bound to keep such information confidential as required herein…….. “Confidential information” also includes all documents, things and recording-bearing media disclosing or containing any of the foregoing information.”
Was the public misled? Agreement for 25 to 30 years
During the signing ceremony held a Friday afternoon [17 January 2014] the people were told that the deal with the two companies are for a period of fifteen year (15) respectively but is this the truth, the whole truth and nothing but the truth ‘so help this NDP Government’?
Also enshrined in the agreement document of DCL and NCL is a section captioned ‘Option to extend term’ which even the average high school child can read and recognized that this NDP government has not been forthcoming with the truth to its people, stating that the agreement is for a period of 15 years when in fact this companies have the rights to periods of 25 and 30 years respectively.
DCL option to extend term states, “DCL in its sole discretion, may extend the term for up to three (3) successive five (5) cruise year periods from and after the expiration of the initial term. DCL shall be deemed to have automatically exercised its option for an additional five cruise year period unless DCL delivers written notice to BVIPA of its election not to extend the term not later than sixteen (16) months periods to the date on which the initial term or any extended term is scheduled to expire pursuant to article 5.1 above……If as of the time of exercise of the second five-year option, BVIPA has made substantial improvements to the project, the Head Charge may be increased so as to amortize said improvements over fifteen (15) years.”
So in actual fact DCL has a period of 30 years. In the instance of NCL the Extension term states:
“Norwegian shall have two (2) five year options to extend the term. Norwegian shall exercise shall exercise the first five (5) year option by delivery to BVIPA of an extension notice by the date which is no later than twenty four (24) months prior to the twentieth (20th) anniversary of the term commencement date.”
The overlying question that is now being asked by many we have shared this document with is, can this government be trusted to conduct the “People’s business” and report back to them nothing but the truth? Why would the government committed to holding information that should be public, in secrecy? Is this NDP government a private enterprise?
There is no doubt that this is ‘ting to talk’ and there is much more to come on this news site that will give further testimony that the people of the VI cannot put their trust in the hands of the government that they have elected to conduct their business.
94 Responses to “Has NDP deceived its people with NCL & DCL agreements?”
You sound like an a..! An 'Option' to extend for 15yrs is just that, AN OPTION!!!!! It says they shall notify BVIPA of their intent to extend, but where does it say that BVIPA MUST EXTEND IT?? AH ha!! LOLOLOLOL!!! Show me in the contract where BVIPA must grant the extension if it's requested within the prescribed timeframe. The word 'options' is key here and there's nothing that says "The BVI PA 'SHALL' extend the period............."
Could the BVI Government be held liable to any lawsuits for breaking the conditions of the contract by having this document posted online (to the world) that to me is a more damaging thing that government documents are leaked to the media.
Also what if the BVI does well from the 15 years, isn't it smart to include in the contract the possibility of extension?
I am not a voter of any party, nor have I ever voted.
No direct lie was involved, but no direct truth was involved either! Typical. SMH
Whatever level of trust I once had towards certain players at the top, is completely gone. This is one time too many that the wool has been pulled over our eyes.
Scary Mary stop chatting s...!!! It is a 15 year agreement with an OPTION to extend. OPTION. Do you all understand English? If you go to the bank for a 25yr Mortgage, don't you have to OPTION to either refinance to reduce or increase the mortgage period in accordance with their requirements? It's no different here, stop digging for s... You all people are sickening really bad. In everything there is fine print, what is so 'indirect' about it? You all need to go back to school.
People are not stupid.
All who have read the entire agreement and all Clauses raise your hands? Now, all who are bashing the Government based on bits and pieces of an agreement, raise your hands? All who have ever entered into an agreement before, please cut out 2 clauses from the entire agreement, put them by themselves and tell me how it would look to a third-party who never had the opportunity to see the entire agreement. When the entire agreement is made public then I will comment, until then this is all a pi....g contest.