Fact Check: Row over Human Rights report, Gaston Browne vs US diplomats

Caribbean: A row between US Embassy in Bridgetown Barbados and some Caribbean countries started after the Prime Minister of Antigua, and Barbuda expressed his outrage on the recently released Report on Human Rights.

Prime Minister Gaston Browne showed displeasure on the report referring to the lack of independent media in the country.

The report not only mentioned Antigua and Barbuda, but it also triggered some other countries offering Citizenship by Investment Programmes and discussed a "lack of transparency" based on the information carried out by the local media houses and opposition leadership.

Elucidating the references of the opposition in Dominica and some anonymous local media in the country, the report signified a lack of transparency in the Citizenship by Investment Programme of Dominica.

“Local media and opposition leadership continued to raise allegations of corruption within the government, including in the Citizenship by Investment program.” states the US Report on Human Rights.

While, several internationally renowned organisations like Financial Times, PriceWaterhouseCoopers (PwC), CBI Index, Professional Wealth Magazine (PWM), Smith and Williamson, Ernst & Young and even UK Queen’s Counsel had applauded the CBI Programme of Dominica and St Kitts and Nevis, particularly for its transparency.

As the leader of the opposition, Lennox Linton is a former journalist and radio presenter; he shares close relationships with the local media houses of the country; however, the report did not consider the factor.

Two of the major international financial and professional independent firms, Ernst & Young and Smith and Williamson, provided complete transparent information about the Citizenship by Investment Programme and Caribbean countries' taxation system, including St Kitts and Nevis and Dominica.

EY report states, “Properly designed, CBI programmes should not undermine the tax regime, disturb existing concepts of tax residency or put at risk tax revenues either within their own territory or that of others.”

It concluded that “citizenship is a concept distinct from tax residency. Citizenship should not give rise to tax avoidance and evasion opportunities, as the reporting rules are explicit in not using citizenship as a test.”

Similarly, Smith and Williamson concluded, “Citizenship by investment does not present a risk to facilitating tax evasion, as citizenship alone is insufficient to secure tax residency of a country." Renowned international lawyer and QC, Balraj Bhatia, describe EY and Smith and Williamson reports as ‘Sound’.  In his opinion on Citizenship by Investment and alleged tax evasion, he states, “The two reports are also valuable and opportune, given the criticism levied against CBI states by entities that erroneously associate CBI with tax residency and tax evasion.”

He added that Dominica and St Kitts and Nevis reflects common international standards when it comes to the concept of tax residency.

Moreover, PwC, a multinational professional services firm, reached both countries to provide detailed information on economic citizenship and all of its aspects. ‘Assessment of the Commonwealth of Dominica’s Citizenship by Investment Programme’ provides comprehensive details of the CBI programme in the nation's development post-Hurricane Maria. It states that “CBIP provides Dominica with flexible buffer to respond to the costs of natural disasters in the short-term.” The report backed the programme describing CBIP as a “Significant contributor” for the development of the country as in Dominica, around 41.5% of the expenditure in the year 2018/19 was generated through the CBIP programme, accounting for around EC$150.5 million. Outlining a steep rise in CBIP funded development works, the PwC report also illustrates several development sectors compared to 2014 to 2019 with a growth of about 35%. Apart from these, the CBI index formally published by Financial Times’ PWM magazine ranks countries offering Citizenship by Investment under a nine pillar method which includes: Freedom of Movement, Standard of Living, Minimum Investment Outlay, Mandatory Travel or Residence, Citizenship Timeline, Ease of Process, Due Diligence, Family and Certainty of Product.

Furthermore, the internationally most reputed independent body, the CBI Index, states, “Dominica’s CBI Programme was launched in 1993, and is known for being one of the world’s most efficient and transparent options for economic citizenship. It plays a major role in promoting social and environmental causes, particularly sustainable development.”

After all this information and report presentation, it is proven that accusing the Citizenship by Investment programme of being non-transparent was a wrong call by Dominica’s opposition and, more specifically, local media controlled by the UWP leader Lennox Linton. Regrettably, the 2020 Human Rights Report lacks thorough research. It only provides information on what was presented to the diplomats by either oppositions or politically controlled media outlets. The outburst of PM Browne has been proven to be legitimate after the fact check. In future, Diplomats and their team members must dig deeper before serving information to the public.