Week 17

 

week 17 bumpHello to all the lovely people following my blog on a weekly basis, and to any newcomers, who may have just come across for the first time.
I have loads to tell this week, unfortunately it hasn’t been a very good one 🙁  First of all, I started to suffer from a bad pain on my right leg, which has been persisting throughout the week, after visiting the Dr on two different occasion’s with the same complaint she decided to play it safe and send me for an ultrasound to rule out any clots.   I am very happy to say that no clots where found, although unfortunately my leg is still hurting Lol [Read more…]

Skin Care Tips for Winter

As winter aproches it is now time to change our skin care routines, and you know summer is over when your glow begins to fade.  With every seasonal change, a facial is adviced to jump start your skin care routine, this way you will start the new season on a clean slate, and leave your skin feeling and looking great.

We all know how important it is to stay hydrated in the summer, but now that the weather conditions are changing drinking water isn’t one of our main priorities anymore???? Or is it??  It is just as important to maintain hydrated in the winter as it is in the summer and if you want to achieve healthier looking skin this is definitely a must!!

Flaxseed oil intake is also proved to help repair and protect skin. [Read more…]

Gaggero Foundation supports 300 students through Young Enterprise Gibraltar

“Founder of the Gaggero Foundation, Mr James Gaggero (left) donated a cheque for £50,000 to the Chairman of Young Enterprise Gibraltar, Mr Carlos Garcia.”

For the fourth year running the Gaggero Foundation has donated £50,000 to support Young Enterprise in Gibraltar. The scheme was introduced to Gibraltar from the UK in 2008, initially at the Gibraltar College, and it enables students in full time education to get hands-on experience of what it is like to set up and run a business.

Young Enterprise is an extracurricular activity which students undertake voluntarily in addition to their formal studies. They decide what product or service they wish to provide the local community and then they raise capital, issue shares, elect a board of directors and form a company. The ideas and decisions – good and bad – are taken by the students, but they are supported by link teachers who guide them and also by local volunteers from the business community who challenge them on the decisions they make and act as mentors. The success of their efforts is judged in May each year when students must liquidate their companies, write a detailed company report which must include financial statements highlighting the profits they have achieved. At an awards ceremony each team also has to make a public presentation about their companies and what they achieved.

Commenting on the success of Young Enterprise, Mr James Gaggero, Chairman of the Bland Group and founder of the Gaggero Foundation said, “This last year has been another year of achievement for Young Enterprise Gibraltar. Not only has the scheme expanded to include Westside but the scheme has also run a variety of programmes in addition to the flagship Company Programme.” Once again James Gaggero acknowledged and thanked the teachers and business mentors who have participated in Young Enterprise throughout the year.

Chairman of Young Enterprise Gibraltar, Mr Carlos Garcia thanked the Gaggero Foundation for its continued support and added, “Last year the committee set itself a goal to develop Young Enterprise further in Gibraltar by rolling out the successful Company Programme to other schools and also by introducing new programmes from the YE organisation. We are very pleased with the success in achieving this goal but what has made it really rewarding is the enthusiasm with which the students have participated. The creativity and motivation of the students has been very impressive. From a standing start four years ago with just 26 participants one of last year’s local teams came third overall in the UK finals out of a total of 2,000 companies and 30,000 students. The continued solid support of the Gaggero Foundation enables Young Enterprise to develop and thrive in Gibraltar. On behalf of the Committee, schools and students I would like to thank the Gaggero Foundation for its generous support.”
More than 300 students have benefited from the Young Enterprise experience this year. In the next 12 months there are plans to involve more schools in Gibraltar across other age groups which should see the numbers rise to over 500.

The Royal Navy Order Spanish Fishing Boats Out Of Gibraltar Waters

A Guardia Civil Launch was forced to leave Gibraltar  waters by the Royal Navy on Thursday evening. The Guardia, watched over 12 Spanish fishing boats for over half an hour, who were located a few metres from the detached mole.  GBC gave live feedback from the scene on to their facebook page during the incident, and managed to record the Radio warning  from the Royal Navy ordering them to leave.   To watch this video click here.

It’s good but it’s not quite right – The OECD and the UK

 

 

 

Article by Scott Simmons, Associate, and Tito Garro, Barrister

 On 30th March 2012, the Organisation for Economic Co-operation & Development (‘OECD’) released its report
evaluating the UK Bribery Act 2010 (‘the Act’) and its enforcement of the Convention on Combating Bribery of
Foreign Public Officials in International Business Transactions (‘the Convention’). The report, running to 79
pages, took an in-depth look at how the UK had implemented the Act and gave a very positive view on what
had been achieved so far, but cautiously reminded the UK that there was still plenty of work to be done.

 The working group praised the UK for the significant increase in foreign bribery enforcement since its earlier
reports of 2005 and 2008. The UK was commended for publishing its Guidance to Commercial Organisations
(‘The Guidance’) which preceded the Act coming into force and for the heightened awareness of foreign
bribery-related issues in the UK. The working group also welcomed the UK’s approach of requiring companies
to compensate the country of a bribed official.

However, the report highlighted a number of pertinent issues which require consideration. For example, it
was concerned that, to settle foreign bribery cases, the Serious Fraud Office (‘SFO’) is increasingly relying on
civil recovery orders which require less judicial oversight and are less transparent than criminal plea
agreements, with some cases having confidentiality agreements in place that prevent the disclosure of key
information after cases are settled. As less information is made public, there cannot be a proper assessment
of whether the sanctions imposed are effective, proportionate and dissuasive. The report suggests that this
misses an opportunity for the UK to provide guidance and raise public awareness on foreign bribery-related
issues. Many commentators believe that this very point is the reason many companies have yet to implement
policies and procedures: a lack of public awareness of the sanctions has meant that businesses have failed to
appreciate just how serious the consequences of breaching the Act can be, with many risking the future of
their businesses.

 The report noted shortcomings with the Act, particularly in respect of what it referred to as the ‘identification
theory’, that being the ability to identify officers that have the ‘directing mind’ to commit an offence. The Act
states that senior officers can be guilty of an offence if an act of bribery takes place with their consent or
connivance. However, many corporations have complex structures in place, meaning that if an act was carried
out with the consent of, for example, a regional manager or relatively senior manager, they would not be
liable under the Act, thus lessening the effect of the offence. Nonetheless, it noted that as the section 7
offence of failure to prevent bribery becomes used by the SFO, concerns over the identification theory may
recede.

Most noticeably, the report dealt with the need for the UK to introduce Deferred Prosecution Agreements
(‘DPAs’). DPAs are commonly used in the US to encourage self-reporting without it necessarily leading to
prosecution. Under the terms of a DPA in the US the company may have to pay substantial amounts to those
affected by its actions and account for its profits, it may have to agree to working with a corporate monitor
and to account to the Department of Justice for its future actions. In return the US prosecution is deferred
and, so long as it keeps to the agreement, the prosecution will eventually be dismissed. In the UK, because no
such agreements exist, if the crime is serious enough, even a self-report could lead to prosecution as the
courts have the ultimate say in these cases, thus inhibiting many companies from seeing the benefits of selfreporting.

The report also looked at the Act in light of Article 5 of the Convention, which states that ‘investigation and
prosecution of the bribery of a foreign public official shall… not be influenced by considerations of national
economic interest, the potential effect upon relations with another State or the identity of the natural or legal
person involved.’ Earlier reports had noted that Article 5 did not have binding force in the UK and this
continues to be the case. The Code for Crown Prosecutors states that one public interest factor that tends
against prosecution is where ‘a prosecution may require details to be made public that could harm…
international relations’ and that this could be read as being inconsistent with Article 5.

Interestingly, the report looked at Crown Dependencies (‘CDs’) and Overseas Territories (‘OTs’). The report
makes the point of referring to some of these CDs and OTs as ‘offshore financial centres, which can be used to
facilitate foreign bribery’. It noted that it had been recommending that the UK extend the Convention to its
CDs and OTs since 1999, but the UK had left it for the CDs and OTs to decide to which treaties they become a
party.

The report further noted that the Convention had been extended to all three CDs – Isle of Man (2001),
Guernsey (2009) and Jersey (2009) – but only one OT: Cayman Islands (2010). ‘The other OTs have made little
progress, if any’. According to the report, Gibraltar had submitted a draft foreign bribery Bill to the UK for
review in 2005, but it was not until 2011 that it passed the Crimes Act, (the bribery provisions of which are
almost word-for-word the same as the Bribery Act), but this has yet to come into force.

The report recommended that the UK adopt a roadmap setting out specific goals, concrete steps and
deadlines for implementing the Convention in the OTs before the UK considers legislating on their behalf. It
also noted that the UK had not extended the jurisdiction of the Act to legal persons incorporated in the CDs
and OTs unless those companies carried out business or part of their business in the UK, despite the fact that it
had made clear in court briefs that ‘corporations incorporated under the laws of any of its Overseas Territories
are subjects of the United Kingdom’. The UK told the working group that it had not extended the jurisdiction
to legal persons because the regulation of commerce and business organisations had devolved to the CDs and
OTs. The report recommended that the UK extend the jurisdiction to companies incorporated in the CDs and
OTs as soon as possible.

What is equally interesting is what the report says about the bribery laws adopted in the Crown Dependencies.
All three have offences that cover foreign bribery, but only the Isle of Man has an offence that applies
specifically to foreign bribery. Jersey and Guernsey have offences that are based on the ‘problematic’ agentprincipal
concept similar to the pre-Bribery Act legislation in the UK, which itself was deemed insufficient by
earlier reports. Furthermore, none of the CDs and OTs has legislation criminalising a company’s failure to
prevent bribery. Therefore, when the Gibraltar Crimes Act comes into force, its bribery provisions will be the
most OECD-compliant of all the Crown Dependencies and Overseas Territories, enhancing its reputation as an
established international finance centre in the European Union.

According to information supplied by the SFO to the working group, it had 11 active bribery/corruption cases

and a further 18 cases under consideration as of 31st  January 2012. Only time will tell what impact those cases
will have in the UK and overseas, but in the meantime, the UK and Gibraltar still have plenty of work to do.

 

 Contact

Scott Simmons – Associate                                                                                        Tito Garro – Barrister                       

scott.simmons@hassans.gi                                                                                      tito.garro@hassans.gi

 

 

The information contained in this article is intended for guidance only and is not intended to provide specific legal advice
to you or your business. Expert advice on any issue should always be obtained. Hassans do not accept liability for any loss
that may arise from relying on or using the information contained in this article.

Christian Hernandez invited as a guest speaker at the ninth shiparrested.com conference

ISOLAS’ partner and head of Admiralty & Shipping, Christian Hernandez, has
been invited as a guest speaker at the ninth shiparrested.com conference
being held in New York on 2-3 May.

Following on from the success of the first Gibraltar Ship Arrest symposium
Mr Hernandez was approached by shiparrested.com to attend and speak at
their ninth conference to showcase the benefits and advantages of arresting
vessels in Gibraltar. [Read more…]

Offshore Exploration and Exploitation in the Mediterranean

A report published in the Science for Environment Policy April 2012 discusses the impacts on Marine and Coastal Environments in the Mediterranean from Offshore Exploration and Exploitation.

ESG comment:
It is a seven page highly readable document which gives a stark warning about the implications from this type of exploration for our marine environment already under threat from industrial pollution, shipping/bunkering and over fishing. The Bay ecosystem is part of the wider Mediterranean and is also threatened by increasing industrial activity in this region. [Read more…]

Coca-Cola & Charles Gaggero & Company Limited Announce Future Flames Selected to Run with Olympic Torch

 

Coca-Cola in association with Charles Gaggero and Company Limited today unveiled the exceptional individuals who will be honoured as they carry the Olympic Flame during the London 2012 Olympic Torch Relay this summer. [Read more…]

Giselle Green Takes Kindle By Storm – in-depth interview

Giselle Green

Giselle Green

Following on from the article by Elena Scialtiel we’ve published on page 51 of the print version of the April edition Insight Gibraltar magazine, here’s a more in-depth interview with Giselle Green. 

 A Sister’s Gift rocketed to number one bestseller on Amazon Kindle over the Christmas holidays, after just few days in the top 100. Falling For You reached the third top spot on the overall UK Kindle bestsellers list in January. The novel is now available in paperback too. [Read more…]