Seize BaiShanLin’s materials, equipment and vehicles until $1.8B recovered

Apr 11, 2016 News

– Auditor Goolsarran

By Abena Rockcliffe-Campbell

Former Auditor General and chartered accountant, Anand Goolsarran says the Guyana Revenue Authority (GRA) has every right to seize all of BaiShanLin’s materials, equipment and vehicles until it has recovered the full $1.8B in fiscal concessions that have been granted.
Goolsarran is the accountant who conducted the forensic audit into the Guyana Forestry Commission.
Commenting on the fact that GRA was recently allowed to finally seize two of the company’s vehicles, Goolsarran said that it should not end there, since the Chinese company is in high debt because of its violation on agreements.
The accountant and anti-corruption advocate said that BaiShanLin has persistently defaulted on the investment agreement it has signed with the Government to set a wood processing plant at Linden.
Instead, it has bought five logging companies and has been involved in the wholesale exportation of logs with impunity at a time when most tropical timber producing countries have either banned log exports or have severely restricted their exportation.
Goolsarran said that it is a situation of “an unadulterated raping of our forests and destroying the lungs of the earth”.
The auditor said that the investment agreement specifically states that if the machinery, equipment and materials for which fiscal concessions have been granted have not been used for the purpose(s) specified, the value of the concessions must be repaid to the Government.

Auditor, Anand Goolsarran

Managing Director of BaiShanLin, Chu Hongbo

During the period 2012-2015, Baishanlin brought in US$38 million worth of machinery, equipment and materials of which fiscal concessions amounting to G$1.8 billion were granted.
“GRA should therefore seize all of these, not just the luxury vehicles, until the fiscal concessions granted are fully repaid,” said Goolsarran.
In his audit report, Goolsarran said that “according to information provided by the Guyana Revenue Authority, during the period 2012-2015, the Government granted Baishanlin fiscal concessions on a variety of machinery, equipment and construction materials with a CIF value of $7.464 billion, equivalent to US$37.320 million. This was based on investment agreements entered into between the Government of Guyana (represented by the Minister of Finance) and Baishanlin for the construction of a wood processing facility in Region 10. The total value of concessions granted amounted to $1.827 billion.GRA indicated that it was unable to provide information relating to the earlier years because of computer problems.”
He added that a review of the list of items of machinery, equipment and construction materials for which fiscal concessions were granted indicated that many of the items were either unrelated to, or were significantly in excess of, the requirements for the construction of wood processing facility.
“Indeed, the evidence suggests that the fiscal concessions granted were substantially in relation to BaiShanLin’s ownership/control of the five logging companies having TSAs as well as its proposed investment at Providence, East Bank Demerara. This is notwithstanding that the investment agreements were exclusive to the wood processing facility in Linden,” said Goolsarran.
Goolsarran noted that up to the time of reporting in the audit, Baishanlin had not fulfilled its obligations under the investment agreements and was requesting an additional two years to do so. He said that this was despite the fact that, in a letter to the former Prime Minister, the company had given the assurance of setting up the wood processing facility by the end of 2007. A further assurance was given in July 2012 in a letter to the former Minister of Trade, Industry and Commerce that the facility would be ready by the end of 2013.
Goolsarran said that the investment agreements specifically provide for their termination where, among others, there has been a failure to undertake the business proposal without providing a reasonable explanation. When this happens, the company is required to repay the value of all fiscal concessions granted. “Despite the persistent failure by Baishanlin to honour its obligations under these agreements, and without reasonable explanations, no action taken to terminate the agreements and to recover the value of the fiscal concessions granted,” said Goolsarran.
He added that the GRA and/or Go-Invest were required to visit the business premises and inspect assets that benefitted from the fiscal concessions. However, GRA confirmed that it had not done so.
Goolsarran recommended in his report, “the Government of Guyana should consider terminating the investment agreements with the company (BaiShanLin) and recover the value of the fiscal concessions granted to it.