Wednesday, August 12, 2009

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Moss to challenge bonded vehicle restriction By INDERIA SAUNDERS ~ Guardian Business Reporter ~ Inderia@nasguard.com: A leading Freeport attorney is moving to commence Supreme Court action against the government, aimed at paving the way for licensees to drive bonded vehicles outside the city. If successful, said Greg Moss, the change could transform the way business is done on the struggling island. "It would save businesses tremendous funds in not having to duplicate inventory of vehicles," Gregory Moss of Moss and Associates law firm told Guardian Business yesterday. "Once the case is decided it will settle the matter for all licensees in the Port area." His legal action has been spurred by a personal experience where Moss alleges authorities overstepped their rights and seized his bonded car while in West End. The incident was just over a week ago. By law, Freeport's bonded vehicles — those exempt from Bahamas duties — are prohibited from traveling outside the planned city. Still, Moss is arguing government overreached its legal powers in moving to seize his firm's vehicle for an alleged infraction of the Hawksbill Creek Agreement. Although the vehicle has since been returned, Moss's firm is going full speed ahead with the Supreme Court action, receiving leave from the courts last week to commence proceedings for judicial review to move against the government, the comptroller of the Customs Department and the Attorney General's office. Moss asserts Customs have been mis-interpreting the Hawksbill agreement by which Freeport is regulated and expects the applications to be filed by the end of the week. That move will kick start what is expected to be a transformative case for Grand Bahama. "We can't get to the point of really developing Grand Bahama as an industrial capital if some things don't change," Moss said. "This is the whole idea of Freeport and it would not only help businesses here, but in the rest of The Bahamas where there is an over-surplus of labor. n See Moss on BR2 "We can finally look to relieving social pressures in New Providence." Still, the issue of allowing all bonded vehicles an all-access pass to the rest of GB could become problematic, with some critics saying it would divert money from the public coffers at a time when it's most needed. Moss maintains, however, that the change will bring to Freeport and the wider Grand Bahamian community the full benefits of the Hawksbill Creek Agreement and allow changes in the system. "It will provide the fair opportunity for people who live outside of the city of Freeport but own businesses in Freeport to enjoy the full benefits of the Hawksbill Creek Agreement in having vehicles in which they themselves can go home in the evening," he said. "So it will not be discriminating against the people outside of the city of Freeport that own businesses." Additionally, he said it would provide opportunities for businesses that exist inside the city of Freeport to give benefits to management and other employees where they want to provide vehicles for them as a part of their business. It will mean those benefits will no longer be restricted simply to employees who live in Freeport. "This case represents an individual licensee commencing proceedings consistent with the position that has been taken by the Chamber of Commerce," Moss said. "That there is no right of confiscation and we are very confident that we will prevail in that." Tuesday, July 14, 2009