A report in The Newsday newspaper states that the Trinidad and Tobago government will be obligated to “facilitate” certain initiatives undertaken by Sunway Holdings Incorporated of Malaysia once those initiatives do not breach any of the country’s laws or the procurement or tender rules of any state agency or special purpose company (SPC).
It says the information is contained in an October 3, 2007 Memorandum of Understanding (MOU) signed between Government and Sunway, which Prime Minister Patrick Manning laid in the Parliament on September 30.
In exchange, Sunway has agreed to Government’s request that it give preferential employment to qualified locals on all projects it undertakes in this country and assist in the formation of an educational/technical construction school that will increase the level of skills in the local construction industry.
The MOU further states that all services to be provided by the Malaysian company will be “subject to the relevant procurement procedures, laws, regulations and rules of the Government of Trinidad and Tobago and/or the respective state or special purpose companies and subject to the execution of the respective legal agreements.”
In another section the MOU says Sunway will enter into a contract with "any state agency or SPC to execute and/or implement any state developmental project “so long as these arrangements are in accordance with the specifications provided by "the Government of Trinidad and Tobago and/or its relevant agency and subject to the terms and conditions or their respective tender and procurement rules and regulations”.
It also gives a commitment to facilitate where possible requests by Sunway "to import construction materials for the benefit of projects being undertaken for and on the Government’s behalf once this importation does not contravene the country’s laws or render Government in violation of or its existing trade agreements or violations.”
It also commits the government to facilitate Sunway by "the timely processing" of work permit applications for foreigners employed by Sunway on government or SPC projects.
The MOU, which expires on October 7, 2012, provides for the establishment of an oversight committee, comprising one representative of each side.
It states that if the agreement ends before the stipulated date it would not affect the completion of projects or contracts covered by this MOU.
Read more about the Sunway deal: T&T sweet for Sunway
The government minister who signed the MOU on October 3, 2007 says there's nothing wrong with it.
However, former Planning and Development Minister Camille Robinson-Regis, who is now the T&T High Commissioner to Canada, told the Sunday Newsday she was not directly involved in the negotiations.
That was handled by the Cabinet’s construction sector oversight committee of which she was not a member. That committee, she said, is chaired by Trade and Industry Minister Dr Lenny Saith and includes Works and Transport Minister Colm Imbert.
Robinson-Regis also confirmed to the paper that UDeCOTT chairman Calder Hart was involved in that exercise.
Sunway’s subsidiary company, Sunway Caribbean, is building the $368 million Legal Affairs Tower on the Government Campus Plaza in Port-of-Spain. UDeCOTT is the project manager for the Government Campus Plaza.
Earlier this year opposition chief Whip alleged in parliament that Sunway Caribbean that Hart had direct ties with Sunway.
Read the Newsday story: Clouds over Sunway
Robinson-Regis had written to Hart in Sept. 2006 expressing concern that UDeCOTT was not providing answers which government ministers needed to answer parliamentary questions pertaining to UDeCOTT's projects under their portfolios.
Imbert has refused to answer any questions about that letter, explaining that it is a confidential matter.
Read Robinson-Regis' letter, reprimanding Calder Hart
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