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2nd Floor, 45 Crawford Street, London W1H 4LPhttp://www.antigua-barbuda.com

ISSUE No.120 April 2007

Tel: 020 7258 0070 · Fax: 020 7258 7486

Inside• Antigua and Barbuda’s participation in the IWC explained

(pages 5 and 6) • Students challenged to showcase their creative writing skills (page 7)

• Antigua Sailing Week - how it all began (pages 9 to 10)• Antigua Carnival 50th Anniversary Road Show UK

(pages 8, 10 to 12)

A MESSAGE FROM HIS EXCELLENCYDR CARL ROBERTS, HIGH COMMISSIONER

Dear Readers

As you know, we have celebrated quite afew milestones recently, including ourIndependence Day Silver Jubilee in Novemberlast year, the Antigua and Barbuda Brand Launchback in May and more recently the hosting of sixSuper-8 matches in the ICC Cricket World Cup.We also had the 40th anniversary of AntiguaSailing Week, which took place around the island,and summer 2007 sees one of the biggestcelebrations to date, our Golden Jubilee ofCarnival.

Internationally known events such ascarnival, and others including Sailing Week and

the two music festivals Back ll Life and Dejam,are all so important to tourism for Antigua andBarbuda. Together, they enable us to strengthenand broaden the destination experience for ourguests.

The days when people would be contentto just lie on a Caribbean beach for 14 days aregone (although there are still many people whoare happy to do so and with 365 award winningbeaches, Antigua should be first choice!); peopleare now looking for holidays that enrich, immerseand entertain. In other words, the beach really isjust the beginning...

Visitors to the island during the two weeksof Carnival, or indeed during any other event inAntigua and Barbuda, not only have anopportunity to be a part of the excitement, energyand camaraderie that characterise what is one ofthe greatest festivals in the Caribbean, they alsohave the opportunity to become part of ourextended family.

Tourism does not have to be one way - wewant visitors to Antigua and Barbuda to takesomething away with them! Through events suchas Carnival, a vibrant and dramatic celebration ofour proud history, we truly hope we are doing justthat! What you will see when you visit Antiguaand Barbuda is a glimpse of what we have tooffer. Do consider Antigua and Barbuda foryour vacation destination and do join us in thecelebration of our Golden Jubilee Carnival.

Dr Carl RobertsHigh Commissioner

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Attorney General releaseschronology of issuesrelating to Half Moon BayHotel acquisition

On April 16, Attorney Generalthe Hon. Justin Simon, QC released abrief chronology of events relating to theacquisition of the Half Moon Bay Hotel(HMB) located in the East of the country.

The chronology, which isattached, dates back to 1995 when theproperty which sits on what has beentermed "the most beautiful beach in theworld" was destroyed by Hurricane Luisin 1995. It also lists a number ofattempts by the former Antigua LabourParty Government and the presentUnited Progressive Party Administrationto have the owners operationalize theproperty.

Attorney General Justin SimonQC, recently appeared before the PrivyCouncil on April 23 and 24 to argue anAppeal filed by HMB Holdings Ltd.,against government's acquisition of theproperty.

We attach for your informationthe chronology of events:

1. September 1995 - Hurricane Luisdamaged Half Moon Bay Hotel.

2. December 1998 - Resolution byHouse of Representatives authorizingGovernment to submit for the approvalof the Honourable House acomprehensive economic interventionprogramme including a package ofeconomic incentives for therestructuring of HMB.

3. January 19 1999 - HMB applied forstamp duty waiver on transfer ofproperty and shares, maximum tax of10% on interest earned, and aconcession to carry forward taxes for 10

years following the negotiations with apotential joint venture partner: RegentStreet Property Group Ltd.

4. January 20 1999 - Cabinet declinedapplication – HMB so advised by letterfrom Permanent Secretary dated May 141999.

5. June 2 1999 - Cabinet instructions tothe Ministers of Tourism and LegalAffairs to take steps to acquire hotel for apublic purpose due to concern overprolonged closure: (Ex NQ 4).

6. February 7 2000 - HMB executed alease with Trade Winds, a hospitalitycompany out of Canada, to terminateFebruary 28th on failure to obtainconcessions; lease extended to April16th and then to May 17th pendingconcessions grant.

7. April 28 & May 17 - Cabinet grantedconcessions firstly to Trade 2000 Windsand HMB jointly and later to HMB onlybatches stipulating that the project mustcommence within six (6) months: (ExJK3). HMB responded that the hotelwould be reopened for occupation byguests by July, 2000. HMB advised onMay 12 and 26 respectively.

8. June 5 2000 - Second Court petitionby Joseph Kelly (44% shareholder) todissolve HMB Holdings dismissed: (Ex.NQ5). First petition filed in 1994 hadbeen dismissed in 1997.

9. December 7 2000 - Cabinetdecided to acquire Half Moon BayHotel for a public purpose.

10. December 8 2000 - HMB obtainedan exparte injunction (Suit No. 270 of2000) to prevent the compulsoryacquisition.

11. January 12 2001 - High Court setaside the injunction after argumentsfrom both sides.

12. January 16 2001 - HMB filed aSummons for a Stay of Execution, andfiled an appeal.

13. January 19 2001 - Governmentadvised HMB by letter that they wereprepared to grant an extension of six(6) months from February 1 2001 forcommencement of construction withcompletion by November 2002: (ExJK1).

14. January 22 2001 - Meeting byQuerard and her attorney with Ministerof Tourism and Attorney Generalwhere re-development plans wereproduced by HMB Holdings.

15. January 23 2001 - Lake &Kentish’s letter confirming thatconstruction can commence wellbefore six (6) months time frame withprojected opening date of November2002, and stating that “in thecircumstances time is of the essence inrespect of all governmental approvaland licences required to carry forwardthe construction”: (Ex JR2).

16. January 24 2001 - Non-CitizenLandholding Licence granted toMoncrief-Scott and notified onFebruary 5, 2001.

17. February 5 2001 - Querard’sletter seeking confirmation thatpreviously granted incentives to HMBand Tradewinds (April 28 and May 17

2nd floor, 45 Crawford Place, London W1H 4LP

Tel: 020 7258 0070 · Fax: 020 7258 7486 www.antigua-barbuda.com

Issue No. 120 April 2007

Attorney General and Minister of LegalAffairs, Justin Simon QC

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2000) are still available to HMB Holdings:(Ex. JK3).

18. February 12 2001 - Consent Orderby the Court of Appeal: the AttorneyGeneral gave an undertaking that theGovernment would not proceed anyfurther with proceedings to acquire HMBlands for a period of six (6) monthscommencing February 1 2001.

19. February 12 2001 - Request byQuerard for letter of comfort for Moncrief-Scott.

20. February 19 2001 - Request byLake & Kentish of comfort letter “as finalrequirement for closing on loantransaction”.

21. February 19 2001 - Letter ofComfort from Minister of Tourism that“Government has approved all incentivesnormally granted ……and in additionapproved all licences and other permitsrequired to ensure a smoothimplementation of this development”.

22. March 14 2001 - Advice letter fromGovernment that incentivies andconcessions transferred to HMBHoldings by Cabinet decision ofFebruary 7 2001: (Ex. JK4).

23. May 14 2001 - Advice letter fromGovernment of amendments made toApril 28 2000. Cabinet decision grantingadditional incentives and concessions:(Ex. JK5).

24. late May 2001 - NationalWestminister Bank Limited withdrawsfrom the syndicate of banks “because oflack of confidence in government supportfor HMB” – Joyce Kentish’s Affidavitquoting Moncrief-Scott.

25. July 4 2001 - Querard advisesMinister of Tourism of Nat West Bank’swithdrawal from syndicate of banks.

26. July 5 2001 - Querard writes toMinister of Tourism that “one and oneonly (banker) has withdrawndue to the delays and difficulties we haveexperienced. He/we are in the process ofreplacing this single entity and should beable to do so shortly”.

27. December 28 2001 - Galina Kluge(director/shareholder/mother of Querard)files claim for US$5,227,822.85 againstHMB Holdings being monies loaned andsecured by Promissory Notes issuedbetween December 2000 to December2001.

28. December 31 2001 - HMB Holdingsthrough Querard admit claim andadvises it will not defend action.

29. January 3 2002 - Judgment onAdmission for US$5,227,822.85(EC$14,167,077.87) entered in favour ofKluge against HMB Holdings.

30. January 11 2002 - Resolutionapproved by House of Representativesfor compulsory acquisition, but landsincorrectly described. (HMB had causeda subdivision which altered the parcelnumbers).

31. January 17 2002 - Applicationfiled by Kluge for an Order for Sale ofHMB Holdings property to satisfyjudgment debt.

32. February 6 2002 - Application by44% shareholder (Estate of Joseph PKelly deceased) for an interim Orderrestraining Kluge from taking any stepsto enforce judgment.

33. February 12 2002 - Resolutionapproved by House of Representativescompulsorily acquiring Half Moon Baylands, (without Opposition support dueto Government’s refusal to providerequested additional information inlight of disclosures by Mrs. Querard).

34. February 21 2002 - Resolutionapproved by the Senate, (withoutOpposition support).

35. March 7 & 14 2002 - Publicationof the Resolution in the Gazette:“whereas the cabinet considers thatthe parcels of land described in theschedule hereto be acquired for apublic purpose, namely to create afresh environment for investment in thedefunct hotel business at Half Moon




Half Moon Bay

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Bay with a view to facilitate the revival ofthe tourist industry and provide jobs forthe inhabitants of the Half Moon Bay andthe surrounding villages”.

36. March 16 2002 - Order of High Courtgranting HMB leave to apply for judicialreview and Government givingundertaking to refrain from entering ortaking possession of HMB lands “untilthe hearing and final determination ofthese proceedings”.

37. April 5 2002 - HMB applied to HighCourt to quash the decision of Cabinetand the approval ofParliament.

38. April 30 2002 - Government appliedto have HMB Claim struck out asdisclosing no reasonable grounds forbringing the application for judicial reviewor constitutional relief.

39. July 29 2002 - Government’sapplication was dismissed with costsafter July 8 hearing. [It was aninterlocutory application and not the mainclaim by HMB, which was adjourned toawait ruling on Government’sapplication.]

40. July 31 2002 - Notice of Appeal filed.Appeal heard November 12th.

41. July 31 2002 - Order of the highCourt (after a hearing) directing “that anyand all further proceedings in claim byKluge against HMB Holdings be stayedpending the determination of claimagainst HMB Holdings by 44%shareholder filed in 2002 allegingoppressive conduct by directors andfailure of company to produce financialstatements from 1994.

42. January 28 2003 - Appeal allowed.HMB to pay $100,000 costs.

43. September 16 2003 - Order grantingfinal leave to apply to Privy Council.

44. April 8 2005 - Crown registered asproprietor of HMB lands by order ofRegistrar of Lands upon application ofAttorney General.

45. July 18 2005 - Resolution of theHouse of Representatives approving thedecision of Cabinet to re-vest lands inHMB, on condition that:

(1) the appeal filed by HMBHoldings Ltd. which is pending before thePrivy Council be withdrawn with no orderas to costs whether in the Privy Councilor the courts below;

(2) that HMB Holdings Ltd. giveto the Crown an indemnity in respect ofany claims which arise or may arise as aresult of the acquisition;

(3) that HMB Holdings Ltd.Proceed diligently to developing andrestoring the property as a premiertourist resort said conditions to beaccepted in writing within three (3)months of the date of the passing of theResolution by the House ofRepresentatives.

46. August 24 2006 - Notification ofPrivy Council hearing fixed for April 23rdand 24th 2007.

47. Aug/Sept/Oct 2006 - Meetings withWilliam Rogers of US law firm andAttorney General towards settling thematter of the acquisition.

48. Oct/Nov 2006 - Contact by andMeeting with Dr. Joseph Archibald Q.C.of Tortola Bar and Attorney General reglobal settlement of HMB matters.

49. November 9 2006 - Letter to Dr.Archibald advising that I have informedMr. Rogers of his similar efforts onbehalf of HMB.

50. November 22 2006 - Letter to HMBlocal Counsel: “The situation isuntenable as regards who represents

your client. Kindly advise me in writingas to your client’s instructions on theway forward and which of the two firmsis to represent the company”. Thisfollowed communication from Mr.Rogers that Dr. Archibald had no suchremit.

51. December 7 2006 - Dr. Archibaldadvises that he no longer acts for HMB.

52. January 11 2007 - Letter from localCounsel advising that William Rogersof Arnold and Porter LLP are theattorneys retained to discuss theacquisition.

Issued April 16, 2007

Antigua and Barbudaexplains its participation inthe International WhalingCommission as itprepares to haverepresentation at itsmeetings in Alaska in May

Antigua and Barbuda, as amember of the International WhalingCommission (IWC) since 1982,supports the Convention for theRegulation of Whaling (ICRW) with amandate to “provide for the properconservation of whale stocks and thusmake possible the orderlydevelopment of the whaling industry”(quoted from the Preamble to theConvention).

The IWC is therefore aboutmanaging whaling to ensure that whalestocks are not over-harvested ratherthan protecting all whales irrespectiveof their abundance.

In this regard Antigua andBarbuda’s participation at the IWC




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have always been guided by ourprincipled support for the sustainableutilization of our vast and rich marineresources in a manner and at a rate thatwill ensure that these resources areavailable for generations to come. It is amatter of food security and thepreservation of our right as a sovereignnation to build international alliances.

As a small island statevulnerable to natural disasters andchanging social and cultural values dueto constant exposure to internationalmedia our position at IWC is also basedon respect for cultural diversity andtraditions of coastal peoples as well ascoastal state rights, relevant national andinternational law, the need for science-based management and consideration ofecosystem approaches all of which arethe accepted global standards.

The IWC Scientific Committeehas one of the most rigorously testedway to estimate safe catch levels for anymarine species through what is calledthe Revised Management Procedure(RMP) for commercial whaling.According to this procedure catch-limitswould not be set by species but bypopulations and only for five-yearperiods before being reviewed. Theprocedure has strict minimum datarequirements and takes scientificuncertainty into account.

Presently a similar process isused for Aboriginal Subsistence Whalingcalled the Aboriginal WhalingManagement Procedure (AWMP).Currently, the RMP is not being used.Although the IWC has agreed that itprovides safe catch limits, it has notagreed on a set of rules to allow it to beused. Therefore Antigua and Barbuda'sposition at the IWC is also based on theongoing scientific evidence and systemsavailable that will not allow whaling to goback to the 'olds days' of indiscriminatecatching of these marine mammals.

Antigua and Barbudaunderstand the views of those countriesand anti-whaling organisations who formany years have not supported ourposition within the IWC and humblyrequest that they respect our position asan independent nation striving to buildinternational alliances geared towardspeace, poverty alleviation and nationaleconomic development.

Ambassador AnthonyLiverpool, Antigua and Barbuda's IWCCommissioner, and current chair of theIWC Finance and AdministrativeCommittee will participate in the 59thAnnual and Associated meetings of theCommission in Anchorage Alaska fromMay 7 to 31, 2007. Other members ofthe delegation will include HonourableSenator Joanne Massiah, Ministerresponsible for Marine Resources andAgro Industries and Fisheries Officer,Ms. Tricia Lovell, who will be attendingthe Scientific Committee meeting fromMay 7 to May 18.

Important issues up fordiscussion will include AboriginalSubsistence Whaling, the IWC in thefuture, Socio-Economic Implications andSmall type Whaling and ScientificPermits.

The International WhalingCommission (IWC) was established bythe 1946 International and has themanagement authority only for the 13species of large whales including thehumpback whale harvested by thepeople of Bequia.

In 1982 the IWC adopted amoratorium on commercial whaling.Since that time, it has attempted toexpand its jurisdiction to other smallerwhales including the blackfish which isharvested in a number of Caribbeancountries and to other subjects that arenot within the scope of the ICRW.

Current membership in the IWC

(73 countries) includes 6 EasternCaribbean countries; Antigua andBarbuda, Dominica, Grenada, St. Kittsand Nevis, St. Lucia, and St. Vincentand the Grenadines, as well as Belizeand Surinam.

WTO Director GeneralLamy says precedence ison nation's side in theInternet gaming disputewith US On the 13 April, DirectorGeneral of the WTO, Pascal Lamy,speaking to a closed session of ameeting with CARICOM Ministers ofTrade in Kingston, Jamaica, observedthat the preservation of the rules-based multilateral trading system onwhich the WTO was based, will ensurethat, over time, the US will move toimplement the rulings andrecommendations of the WTO DisputeSettlement Body (DSB).

Responding to a question putto him by Antigua and Barbuda'sMinister of Finance and the Economy,the Honourable Dr. Errol Cort, whowanted to know how the WTO intendsto ensure that the rights of its smallestmembers are treated in the samemanner as its largest, DG Lamy opinedthat it is in the best interest of the majortrading nations of the world to ensurethat the organs of the WTO are seenas fully functional and, in the case of itsDispute Settlement system, that itsrulings and recommendations arerespected and fully implemented.

Lamy also noted that, in hisview -- and the historical recordsupports this -- the US has unfailinglyimplemented the rulings andrecommendations of the DSB in allinstances, even in those cases wheresuch rulings have gone against it. This,




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he noted, was incumbent upon all WTOmembers if for no other reason but toensure the integrity of the organization'sinstitutions.

Meanwhile, Reuters newsservice has reported that the Chairmanof the US Congress Financial ServicesCommittee, Massachusetts DemocratBarney Frank, plans to introduce a billwithin the next two weeks to end a banimposed last year on online gambling inthe United States. The bill in question,which would face an uphill battle, isintended to repeal the ban on the use ofcredit cards. According to the legislationthat was signed into law by PresidentBush last year, credit card firms areforbidden from taking money for bets ononline sites.

“We will be keeping a closewatch on developments surrounding theanticipated introduction of the Frank Bill,on which we anticipate that there will beno major progress in the near term” saysMinister Cort.

“However, my government is ofthe view that it is a step in the rightdirection, given that the current law hashad a deleterious effect of online gamingeverywhere to the point where theEuropean Union's internal market chief,Charlie McCreevy, has hinted that hemay challenge the ban at the WTO,” headded.

The Meeting in Jamaicabetween CARICOM Trade Ministers andthe Director General of the WTO wasattended by Finance Minister Dr. theHon. L. Errol Cort, Antigua andBarbuda's Permanent Representative tothe WTO Ambassador Dr. John Ashe,Permanent Secretary Ambassador ColinMurdoch and Trade CoordinatorAmbassador Dr. Clarence Henry.

Primary and SecondarySchool Students arechallenged to Showcasetheir Creative Writing Talent The Tourism Education,Training and Awareness Unit within theMinistry of Tourism, Civil Aviation,Culture and Environment, calls onPrimary and Secondary school studentsto participate in two (2) Regional EssayWriting Contests. The students are beingchallenged to think Tourism and to sharetheir thoughts and views on the industryas they showcase their creative writingtalent.

Both the Condé Nast TravelerMagazine and the Florida-CaribbeanCruise Association (FCCA) Foundationhave launched their 2007 Children’sEssay Competition with the release oftheir topics, rules, guidelines andconfirmation of prizes.

Whereas the Condé NastTraveler “My Caribbean” Essay Contesttargets children between the ages of

8-12, the FCCA’s Foundation Contestwill be adjudged in two categories –Juniors, age 12 and under; andSeniors, 13-16 yrs. old.

All Primary and Secondaryschools on Antigua and Barbuda areeligible to participate.

“Our tourism industry is veryimportant to us in Antigua andBarbuda. What these competitions willprovide is the chance for our studentsto learn about the sector,” commentedMinister of Tourism, Harold Lovell.

“It will encourage their youngminds to begin to formulate innovativeways and ideas to improve theexperience for cruise and stay-overvisitors as well as for those of us livinghere. The Ministry of Tourism wouldtherefore encourage all schools to takeadvantage of this opportunity.”

Cynthia G Simon,Coordinator of the country’sparticipation said that she looksforward to working in successfulpartnership with the Ministry ofEducation and the nation’s Teachers inpromoting these competitions whichshe hopes will encourage criticalthinking among students and furtherimprove their writing skills.

All students falling within therequired age range are invited todiscuss their interests with their SchoolPrincipals and/or English LanguageTeachers and obtain all the relateddetails. The winning essays will besubmitted for the regionalcompetitions. There are also plans tohost a National Recognition Event forparticipants.




Minister of Finance and the Economy,Dr Errol Cort




Images of Antigua Carnival 50th Anniversary Road Shows in the UK

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The 40th Anniversary ofAntigua Sailing Week

Falmouth Harbour, Antigua –With a new sponsor onboard and with afresh injection of energy and spirit intowhat was already one of yacht racingmost anticipated annual events, the 40thAntigua's classic week of sailing andpartying began on April 29 and ended onMay 4.

Antigua Sailing Week- How it all beganExcerpted from the 40th AnniversaryStanford Antigua Sailing Week 2007Magazine

--as told to Antigua Sailing Week by EdSheerin. With added comments fromHoward Hulford

A little over 40 years ago,Desmond Nicholson, then a successfulyacht charterer, and Howard Hulford,who already had half a dozen yearsmanaging his Curtain Bluff Hotel, wereenjoying a few rums and trying to decidehow best to extend the hotel season.Even then there was a “tourist season”which usually ended as the summermonths rolled in. They concluded thatone way would be to hold a regatta for afew says in June that would attractsailors to race competitively and visitorsto join in the short-based activities. Theytalked it up among their associates, andsoon Ed Sheerin and Peter Deeth, withfinancial backing from Howard, weresetting in motion the plans for the firstRace Week.

Knowing little about organizingand conducting a regatta, Ed and Peter,nevertheless, enlisted the help of many:Desmond to plan and set the courses,Howard to organize the hotels andcoordinate the after-race parties, LisaNicholson to print the programme and

racing instructions on a mimeographmachine...

An so in June 1968, as LordJim, Escapade, Royono, Veleda, Eilean,Thamilla, Enzian, Jibaro, Lolaire andeight others left English Harbour,crossed the starting line and headed forthe first bamboo market, Antigua SailingWeek was born! It was a grand threedays of racing, made absolutelymemorable by the parties that followed inthe afternoon and late into the evenings.Though Howard glosses over it, the firstparty at his curtain Bluff was, by allaccounts, incredible, with a steel band,heaping tables of every Caribbeandelicacy, and endless bottles of rum andbeer.

He does delight in recountingthe history of one of the first finishes. Asthe yachts were passing Cades Reefwith the finishing line just off Curtain Bluffalmost in sight, the wind just died. Not abreath. Dead calm. Not a boat wasmoving; sails were flapping. They werejust sitting there, with the afternoon sunbeating down on them. The crews wererunning out of water and the beer waslong ago gone. Desperate straits.Seeing their distress, Curtain Bluffdispatched their run-about from the hotel

loaded with ice, water and rum - whichunfortunately led to the after-race partystarting before the race was even over!They were a jolly lot when the windpicked up and they finished the lastmile. Last in - a precedent that was setfor the remaining races - was Lolaire,and as he did every race, Don“Squeaky” Street immediately filed aprotest, which, as happened everyrace, was just as quickly thrown out bythe judges!

The following day, Howardrecalls, the yachts raced around thenorth-east coast, finishing by theCaribbean Beach Club (near what isnow Sandals) on Dickensonbay - foranother party. The next day, thesurvivors raced along the east coastand back to English Harbour wherethey wrapped up the three gloriousdays with a prize-giving ceremony asthe “Ad’s”, as they called the Admiral’sInn. It was a grand black tie affair,attended by the Governor-General inall his finery, with Enzian, the overallwinner, moored at the Inn’s dock; itwas truly a night to remember.

Though the first AntiguaSailing Week did not attract thenumbers that all were hoping for, itmore than made up for it in fun. All who




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had raced insisted that it be run again thefollowing year! And so it was.

After some years, the debts thatSailing Week had accumulatedconvinced the organisers that they coulduse professional help in planning anddirecting this event. Ed Sheerin recallsso well that it was New Year’s Day, 1975,that he received a call (collect) from SkipAllen, the editor of Southern Boatingmagazine, who had heard of SailingWeek’s dilemma. Both had had a wee bitof holiday cheer, but out of thismerriment came Skip’s suggestion thatPeter Grimm, who was well known as arace officer in regattas in the States, bebrought on board.

Ed had never met Peter, but afew months later they met in Antigua andsoon Peter was in the thick of it, bringingalong with him such luminaries as BobbySymonette, John Nichols, and ArthurWullschleger. The following year (1977),they changed the dates of Antigua

Sailing Week to late April/early Maywhere it has remained ever since. Andwith Ed successfully marketing thisrevitalized regatta throughout the VirginIslands, Puerto Rico, and beyond, andwith Peter as the new Principal Race

Officer, Antigua Sailing Week began tofulfill the dreams that Desmond andHoward had first envisioned. It wasthen that Antigua Sailing Week movedinto a new era as the Early Yearspassed into history.




Images of Antigua Carnival 50th Anniversary Road Shows in the UK

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