fp Turks and Caicos

The World's most powerful magazine company - Condé Nast Publications, owned by New York billionaire Sir Newhouse - filed a lawsuit in the U.S. District Court, Southern District of New York, against the Turks and Caicos government for over $1 million dollars for advertising appearing in 2007 and 2008 issues of W magazine, Vanity Fair, Elegant Bride, and the 2007 Fashion Rocks supplement.

There is both nuance and irony in that: first because Conde Nast gave Turks and Caicos "brand sexy", when TCI was voted as having the best beaches in the world several years in a row in its magazines. Second, few things will damage TCI's brand - worth billions of dollars - as having Conde Nast as its enemy.

The ad campaign in question, starred then-first lady LisaRaye McCoy-Misick, an American and former television actress who this year testified in a British government inquiry that she was paid $300,000 a month to appear in and art direct the ads Next came the news this week that a subpoena arrived from New York, yesterday, Wednesday 5th of August 2009, imploring the attendance of a government representative in court in New York in another matter.

Film Life, Inc., a New York based production company, is also suing the Tourist board regarding a contractual agreement to produce a Turks and Caicos International Film Festival (TACIFF). The agreement stated that the festival starting in October of 2008 was to take place one a year until 2012.

The agreement included an initial non-refundable payment of US$650,000 as well as US$2,000,000 for each TACIFF event. According to the court documents, the TCITB made the initial payment of $400,000, but to date has not paid any additional payments, and has refused to schedule a film festival despite the terms of the agreement.

The matter is set for the 11th of August 2009, and - again ironically - will be co-terminous with the action of the former Premier, The Hon. Michael E. Misick MP in the British Courts. Word is that Minister The Hon. Wayne Garland with responsibility for Tourism will go. This is prudent. There was word - we know rumours in TCI - that no one would go. That has to be nonsense. No wise government would spurn the courts of another country. It must be remembered also that these matters are Civil in nature and they have nothing to do personally with whomever the government sends as representative. Ultimately, in fact, it is not just the government, but the whole government, including the Opposition and the people of these islands who must answer such a civil complaint and who will pay the price; both in terms of immediate dollars and in terms of reputational capital.

It would be wise for the government to send its representative with a good deposit and a payment plan, so as to effect an immediately negotiation and to be seen to be making all efforts not to waste the court's time. Doubtless this is the case. Such a strategy will at least show an intention to be bound by our obligation and in the spirit of the law, the courts can call on Condé Nast to forbear by means of a settlement of the debt over time.