Philipsburg: ---The island council unanimously approved the decision taken by the Executive council to deny the request of a director’s license, which was submitted by Crew Nest Bar and Restaurant N.V. The owner of this establishment had filed an appeal with the executive council who once denied his request.
In the appeal submitted to government the businessman quoted the friendship treaty signed between the Netherlands and the United States of America. This treaty is also applicable to the Netherlands Antilles.
Commissioner of Economic Affairs Frans Richardson in his presentation to the island council advised the council to reject the appeal for the second time since the company is considered one of limited liability.
Richardson said the applicant Mr. Le Blanc has been living and working on St. Maarten illegally since 2004 and requesting a director’s license is a form of abuse to obtain a residence permit. Richardson said the current executive council had sought legal advice before taking a decision since the applicant not only used the US/Dutch treaty but he also made mentioned of a verdict taken in Aruba. However, neither document could have been used in the case of LeBlanc. The US/Dutch treaty states that an American citizen who makes considerable investments in the Kingdom and its dependents should have equal treatment to the Dutch citizens. However, the executive council has determined that having a restaurant and bar is not considerable investment on the island.
One of the arguments used by legal counsel for The Crew’s Nest Bar & Restaurant is that related to the person in question being beneficiary of a March 27, 1956 “Treaty of Friendship, commerce and Navigation between the Kingdom of the Netherlands and the United States of America.
That treaty says The Kingdom of the Netherlands and the United States of America, desirous of strengthening the bonds of peace and friendship traditionally existing between them and of encouraging closer economic and cultural relations between their peoples, and being cognizant of the contributions which may be made toward these ends by arrangements promoting mutually advantageous commercial intercourse, encouraging mutually beneficial investments, and establishing mutual rights and privileges.
Nationals of either Party within the territories of the other Party shall be free from molestations of every kind, and shall receive the most constant protection and security. They shall be accorded in like circumstances treatment no less favorable than that accorded nationals of such other party for the protection and security of their persons and their rights. The treatment accorded in this respect shall in no case be less favorable than that accorded nationals of any third country or that required by international law”…and so forth and so on.
Referring to the applicant Mr. LeBlanc intends to work as a bartender as well as the captain of his boat that according to the executive council can be done by anyone else. Richardson said the applicant applied for wrong permit and he could have gone through the regular process of applying for a work permit.
Richardson also mentioned the fact that the Brooks Tower Accord, which was recently published, will go into effect and LeBlanc could now use it to his advantage.
Richardson said the reason the Brooks Tower Accord was drafted by the former Minister of Justice was to put an end to the misuse and abuse to the director’s and business license to obtain residence permit.
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