NASSAU, BAHAMAS — Attorney General Ryan Pinder said yesterday that the Davis administration plans to repeal portions of the Commercial Enterprises Act that it found ‘objectionable’, such as the automatic granting of work permits, while acknowledging that some aspects of the legislation could be useful for economic development.
Speaking with reporters ahead of a Cabinet meeting yesterday Pinder explained: “We did a full review of that piece of legislation. We had some objections to that legislation which was focused on the automatic granting of work permits and ensuring that Bahamian employment is protected.
“However, on a full review of the legislation, we thought there were aspects of the Act that would be useful for economic development.”
Pinder added: “It provides for Commercial Enterprise Zones which would be given some commercial preference in different types of industries. We see that happening in Dubai, Cayman Islands and other countries and so we thought that was a valued piece of the legislation that really need not be expanded upon and reformed.
“We are looking to do a repeal and replace of that piece of legislation in the new legislative agenda to bolster the economic development zones of that Bill but get rid of the automatic granting of work remits and employment aspects of it that are objectionable to us. Instead of a full repeal, we are taking a more progressive approach.”
The Attorney General’s comments appear to reflect a softened approach by the Davis administration to the controversial legislation.
Back in 2022, Minister of Immigration Keith Bell called the Act “impactical”.
He emphatically stated: “Yes, it has to be repealed.”
In 2017, then-Opposition Leader Philip Davis pledged that the PLP would repeal the Act if it returned to office.
“When we come to office we will repeal [the bill] and those who accept its benefits ought to think carefully before accepting the benefits of this legislation,” Davis said at the time.
The Commercial Enterprises Act was introduced by the Minnis administration in 2017. The legislation, which is officially known as the Act for the Designation of Specified Commercial Enterprises and Specified Economic Zones in the Bahamas, sought to “liberalize the granting of work permits to an enterprise that wishes to establish itself in the Bahamas, and requires work permits for its management team and key personnel”.
A company’s investment must however be a minimum of $250,000. The legislation enables a ‘specified commercial enterprise’ to obtain an Investments Board certificate granting it a specific number of work permits for certain positions.
That certificate, which would initially be issued for one year and can be renewed, would allow key personnel to set up the company’s physical operations in the Bahamas before they obtain a work permit.
