Gov’t exploring appeal, all other options in local-content case

THE Government of Guyana is currently exploring all available options, including an appeal of the ruling of Acting Chief Justice Roxane George, S.C., who, among other things, ordered the Local Content Secretariat (LCS) to issue a local-content certificate to Ramps Logistics Guyana.

Last Friday, the Chief Justice ruled in favour of the Trinidadian-owned company, which had sold 51 per cent of its shares to a Trinidadian native who is of Guyanese parentage.

The Ministry of Natural Resources, in a release, said: “The Government of Guyana respects the Rule of Law and the independence of the judiciary, and, therefore, will comply with the ruling.”

It was noted, however, that the ministry has “strong concerns” about the eligibility of Ramps’ application for local-content certification, and as such, the State is currently exploring all available options, including an appeal of the ruling.

According to the release, the government also noted the recent settlement by the company and the Guyana Revenue Authority (GRA) on the matter of tax evasion, and also the ongoing litigations in 10 false tax declarations to the GRA.

“The Local Content Secretariat will continue to act in a professional manner and defend the People of Guyana, consistent with the Local Content Act,” the release added.

The logistics company, which was incorporated in 2013 and is parented by Ramps Logistics Limited out of Trinidad and Tobago, had moved to the court, arguing that its application for the certificate was unlawfully denied.

Ramps, through Senior Counsel Edward Luckhoo and Attorney-at-Law C.V Satram, had sought several orders to force the LCS to issue the document.

The acting Chief Justice had found that Ramps had satisfied the statutory requirements, and/or pre-conditions necessary for the grant of and/or issuance of the certificate.

In June, the LCS, after reviewing the company’s application, determined that the information submitted was insufficient for a proper compliance evaluation to be done by the secretariat, in accordance with the requirements of the Act.

It was reported earlier this year that some 51 per cent of the company was sold to Trinidadian businessman, Deepak Lall, for G$210 million.

The Guyana Chronicle understands that Lall has never represented Ramps Logistics publicly at any of its press conferences, and Trinidadian, Shaun Rampersad, remains the face of the company.

Last month, Rampersad was released on $500,000 bail for 10 charges of false declarations made over the past two years to the GRA. Rampersaud pleaded not guilty to the charges. He will return to court on November 25.

Meanwhile, the Attorney-General’s Chambers, in a statement on Monday, said that it will examine the Chief Justice’s ruling in the case to determine further course of actions.

The statement explained that the Local Content Act was an initial attempt to create a novel statutory framework in respect of a new undertaking.

As a result, the Chambers promised that it will remain under constant review, and will be modified and refined with time and experience.

“We are satisfied that the Act provides a solid foundation which has guided the sector thus far, and enabled a protective network for the interest of Guyanese and Guyanese companies operating in the sector.

“Importantly, Regulations and Guidelines are already in draft, and will now benefit from the Chief Justice’s ruling and experience garnered in the sector,” the release added.

According to the Chambers, these Regulations and Guidelines will further enhance the legislative framework, as well as set out criteria which will inform the exercise of discretion, and guide the decision-making processes enshrined in the legislation.

The measures will also address the conduct of operators in the sector, including their compliance levels with related legislative and administrative requirements, to protect and promote Guyana’s best interest.

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