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Strengthen the investigative capacity of local content secretariat — GCCI President tells Govt.
Kaieteur News – Amid the recent furor over local content provisions, the Georgetown Chamber of Commerce believes the time is ripe for the strengthening of the investigative and other capacities of secretariat established to oversee local content matters in Guyana.
Businessman and President of GCCI, Timothy Tucker
Businessman and President of the Georgetown Chamber of Commerce and Industry (GCCI), Timothy Tucker related in an interview with Kaieteur News that while calls were made to strengthen the local content laws in face of attempts by foreign companies to benefit from the provisions, he believes that the secretariat needs the boost to protect the interest of Guyanese.
Tucker spoke to this publication after opposition Member of Parliament (MP) and former Minister of Public Works, David Patterson reiterated calls for amendments to the local content legislation, in the face of contentions raised by Ramps Logistics Guyana which had been denied a local content certificate. Ramps Logistics Guyana Inc. has complained that it was denied a local content certificate even though the company is 51 percent Guyanese owned.
The company noted that 51 percent is held by its Chairman Trinidad-born Deepak Lall, who has strong connections to Guyana through his patriarchal family. Lall was granted citizenship in Guyana just after three months of applying. Patterson contended that the issue raised by Ramps could have been avoided had the government heeded the calls for amendments.
During the interview, Tucker said that instead of the law, the focus should be on the secretariat; to build capacity and to ensure that the rules are enforced. Tucker noted the local content secretariat is tasked with among other things, developing and maintaining a local content register of qualified Guyanese nationals and companies. As such, he said that the secretariat is responsible for investigating and ensuring that those who submit master and annual plans for approval are authentic Guyanese companies.
According to Tucker, at the core is the issue of beneficial ownership of the companies who are requesting local content certificates. “I think that the issue here is for the local content secretariat to strengthen its investigative and technical capabilities… to prevent the foreign companies from circumventing the rules. Having adequate staff at the secretariat is something that really needs to be looked into…” the GCCI President added.
He stated nonetheless that if there is truly any need for changes to the law or policies, the Minister of Natural Resources is empowered to do it. He noted that “outside of the secretariat and the Ministry of Natural Resources, the Ministry of Foreign Affairs and the Guyana Revenue Authority have some responsibilities with companies that seek to benefit from Guyana’s local content; these [companies] must undergo a kind of litmus test before they receive approval.”
The businessman noted too, that while having the adequate laws to safeguard the rights of local companies is important “we must be careful lest we turn off international investors who will help to build the local capacity because if we are honest with ourselves, Guyana needs that support as well.”
In a letter to the editor last week, Patterson pointed to some recommendations which he said the government ignored before the Local Content Bill of 2021 was made into law. Patterson claimed that the government overlooked some key issues raised. These, he said, included the need for amendment to the Citizen’s Act and New Immigration Policy which would have strengthened the legal and regulatory stipulations for local content.
Attorney General, Anil Nandlall however has a different point of view. He shared that the amendments advocated for by Patterson and team is not in keeping with the Constitution– Guyana’s supreme law. The AG asserted that “…Patterson is obviously unaware that our supreme law defines who is or isn’t qualified to be registered as a citizen of Guyana. Any law which purports to restrict or is inconsistent with that definition will run afoul of the Constitution and shall be void to the extent of that inconsistency.”
Nandlall cited Article 8 of the Constitution: “…is the supreme law of Guyana and, if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void.”
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