Senior Counsel, Tony Astaphan, appears to be laying the blame at the feet of the former United Workers Party (UWP) administration in an international matter involving a Dominica-flagged ship, North Korea, and United Nations sanctions.
The Japanese government has made a report to the UN that the ship, the ‘Yuk Tung, is suspected to have breached UN Security Council sanctions. It was spotted by a Japanese patrol plane tied to the North Korean-flagged tanker ‘Rye Song Gang 1, which was blacklisted by the United Nations last month for carrying banned cargo.
Speaking to state-owned DBS Radio, Astaphan said the government of Dominica is not involved in the registration of ships and the entire matter starts and ends with the government which was in power in 1999 when it signed an agreement to give jurisdiction to an American company to register ships.
“This debate has to start and end with the October the first 1999 agreement signed by the government of Dominica, the then government of Dominica, three months before general election where the government gave, transfer, vested in, and conferred exclusive, absolute jurisdiction on an American company called Dominica Maritime Registry Incorporation, to flag or to manage, own and operate a registry which flags ships of convenience with Dominican flags or flags of convenience in Dominica,” he stated.
He argued that there are no departments in the government which carry such function.
“There is no ministry or department that does that function, that has the authority to do that function and there is no other persons or company in the world that has the authority to issue Dominican flags on boats that are registered with the company,” he stated.
The Senior Counsel said the government has done nothing in relation to the alleged incident.
“In addition to that, the government of Dominica does not own the boat, the boat is owned by a Singapore company,” he remarked. “It is the boat and the boat owners that gives direction and instructions to the captain of these vessels to go on a particular voyage.”
He blamed people with agendas for trying to incite hatred against the government in the matter.
“There are people with their personal and political agenda and hostility, that they jumped on it to try to condemn, to indict and to incite hatred and animosity against the government when the government is not the one involved in the registration of ships,” Astaphan said. “It being done by an American company under the authority of a contract signed on the first of October 1999 and expires on the 30th of September, 2029.”
He added, “Those on the other side who are trying to make minced meat into that should hang their heads in shame because they are the ones that left that legacy behind and the potential for the sort of things to happen under this exclusive monopolistic agreement which they signed and transfer the authority to the American company.”
Meanwhile, Dominica News Online has contacted the Dominica Maritime Registry, which is located in Fairhaven, Massachusetts, and was told that Deputy Maritime Administrator, Eric R. Dawicki was the best person to give a comment on the matter.
DNO was told that Dawicki was not in office at the time of the call and would return the call but up to the time of publishing, he did not.
The Dominica Maritime Registry provides Dominican flag services, Dominican corporate registration and Dominican STCW licensing, and it advertises seafarer training at the school that shares its address.
The incident has been widely published in the international press.
A copy of Maritime Agreement document is posted below:
This is time to show solidarity for your homeland Dominica ,this is time for proper representation from all Dominicans, and all Caribbean Islands Standing strong with Dominicans in this time to reject any unnecessary sanctions that will keep humanity devastated at this time , not time for blame there is no need for blames . Don’t be surprise that they have plans for Dominica and they are the ones who did they own set up to react on e country and skerrit may have no control over this matter who knows. Brace yourselves forcefully to defend yourselves. Manknow thyself and know what’s going on the picture is way bigger than we think. The illuminate hard on your case in Dominica as some young female rastafari women have noticed and watching closely they are going all out to try getting rid of us however in the entire Caribbean this is the focus of ways going on. Not blaming right now.
Tony you do t sense so many stuff implemented by the former administration (15 plus years) and you all go against it.
Nonsense the administration need to be blame on this.
Any time Tony Astaphan giving explanation I know Skerritt guilty.
End of discussion.
That is very true!
Tony what u think nuh is a bunch of foolish people leaving in
Dominica u will fool some people but not all people u think
Dominicans go school and sit behind black board well u wrong
SECTION XX. RIGHT TO TERMINATE
[Page 15:20(a)] The Government is able to terminate this contract at any time, if the Agency among other things—breaches any material part of the contract. So, again how does Skerrit, Tony and Clarence want Dominicans to believe that once this contract was signed, there was nothing that the DLP government could do about it? How will the government know if any part of the contract was materially breached-thus, giving them a right to terminate, if they never initiated periodic reviews? In my opinion, the DLP government largely ignored the running of this particular Registry—once some revenue was coming in to the Treasury, they didn’t care, because they were too busy selling passports and making money hand over fist. Lawrence was empowered to set up his own ship registration company in Greece together with Vadikos and Vadikos and the money continued to roll in. Today, it kibosh-they want to blame UWP for their atrocious mismanagement of the country’s…
These people take all of Dominicans for fools.
Section XIV: TERMS OF AGREEMENT AND PERIODIC REVIEW
[Page 12:14.1] The agreement allows for EITHER PARTY—the Agency OR the GOVERNMENT [not UWP—but the Government of Dominica—whoever that might be at the time] the ability to initiate periodic review of the terms and obligations of the contract- and to clarify or amend as the parties deem necessary [by mutual agreement]. So, is the DLP Government telling us—merely because UWP initiated this Contract—the DLP government abdicated all responsibility for periodically reviewing and checking into the running of registry in the last 17 years?
[Page 12:14.3] Specifically, every three years—the parties had the obligation to revisit the revenue sharing terms to determine if the terms were still fair and equitable. Is the DLP government telling us that in 17 years they ever engaged with the Agency to review the revenue stream that the Registry was generating into the Treasury of Dominica?
But wait a minute nou, is Tony Astaphan the Prime Minister, or minister for national security, or even foreign Affairs Minister or attorney general? Why is he that addressing the matter and not one of the ministers? Tony is destroying the mind of be the people just as the slave masters treated our forefathers years ago. What is wrong with us Dominicans? Tony must also blame UWP for the passport case of St. Kitts opposition leader against the prime minister man. He should also blame UWP for our passports that are being sold to ISIS and terrorists in the middle East because our passport is so cheap and the quality is so poor. Just blame uwp for Everything that sticks and give Skerrit the praise when it is something good, though good seems so far and few
Tony,change your lies dude,you and Skerrit are well aware of this and have been profiting huge from this cargo ship,but as i will continue to say Dominica is doomed,Tony you dont care a bit about Dominica,you continue to suck Dominica and Skerrit DRY,I HOPE THE UN place some hard sanctions on Dominica,keep fooling the damn fools that support the Labour party,but God is in control and will deliver Dominica from all the evil and corruption.
Hello illuminator,I might not be able to match your credentials but no one needs a legal mind to explain any thing that’s self explanatory.
All these atrocities Skerit has committed, drag this country down,you need a legal mind to explain that to you.
Well if that’s the case Dominicans are doomed for good.
20 Nations Gathering in Canada Create Unified Position vs. North Korea
“To control a people you must first control what they think about themselves and how they regard their history and culture. And when your conqueror makes you ashamed of your culture and your history, he needs no prison walls and no chains to hold you….” Bravo Peeping Tom! I must admit your tactics worked like a charm but no more. Dominicans thanks to the Almighty are beginning to open their eyes and see right through your deception, your manipulation, your hate, your thirst for control and power. You, Mr Anthony Waddy Astaphan et al no longer have a hold over our people – your reputation of mislabeling our natural born citizens, your abusive language, your tone filled with hate and greed, speaks to your character – The people of dominica knows love – kindness- peace – we will no longer subscribe to your projected hate – to your insults- to your divisiveness! We as a people of dominica will unite and build. I pray to god you and the rest of the gang find peace! You know who this…
Just had to comment on your remarks, Lady Godiva. I fully embrace and endorse every single word that you have used to describe the SC. How could any decent person have a foul-mouthed, seriously deluded, profoundly narcissistic divider having so much influence on the government? Anything out his mouth is either fictitious, hyperbolic or hateful. It’s a fallacy to think of Skerrit as a prudent leader by having the present SC as his most trusted confidant. No one can trust the PM and Mr. Astaphan for their words are always incompatible with the truth.
Next election is workesssssss I voting … workesssssss! ! We want all you back in office ..skerite and the Labour party too curupt!!!!!!
so UWP signed a contract to sell Dominica’s rights for maritime registration for 30 years to an American company and in your mind its Labour fault ?
You can try to twist and turn as much as you want. The clock started ticking. Can you hear it tick tock, tick tock…
So can an opposition party legal mind explain to us the masses, what LEGAL options the current DLP Government has to rectify this undesirable situation. I keep on moaning that the UWP, is the government in waiting – as such, the UWP should be providing a legally based response to the legal claims of the SC. Please, not the usual Skerrit must go. Something enlightening, that reasonable people can read, interpret and reach an educated conclusion on – based on fact. Thank you.
Article 5 of the High Seas Convention (HSC) of 1958:
“Ships have the nationality of the State, who’s flag they are entitled to fly. There must be a genuine link between the State and the ship; in particular, the State must effectively exercise its jurisdiction and control in administrative, technical and social matters over ships flying its flag. Each State shall issue to ships to which it has granted the right to fly its flag documents to that effect”.
The legal position is clear. The State in this case is Dominica and Roosevelt Skerrit can not abdicate his government’s responsibilities, or liabilities under international law.
The uwp are the only party speaking sense right now and you’re right to ask them on behalf of the DLP who clearly need some guidance. Apart from when they’re running a bit wild, the DLP need uwp to keep them on the right track. They clearly have no idea what’s going on at anytime.
i never knew de clownsel was an idiot also… who u can fool with that crap of an explanation…. tony i hooe u will continue to defend after they start to fall like flies… one indictment at a time…..
Tony some of the people having a problem with this are labour supporters, your are making it extremely difficult to continue to support you. Here is something else, some of us are educated and intelligent, and critical thinkers. A better response would be to explain to the Dominican people whether there was any financial grains from the arrangement. I would think that if this company is registering ships under the Dominican flag some one is getting paid. If the present government benefited financially Tony cannot blame the prior government.
A lot of spin is being put forward by one of the original family hijackers of the Island Dominica, Today, Dominica is governed like the MAFIA, very secretively, and willing to blame the DEAD when covered issues comes to light. To remove the DLP administration from governmental power, the struggle must be two prong, at home and abroad, the Snake has grown too many heads, it has to be destroyed.
Well next elections i will vote UWP to fix that problem.
Tony is chaos. This man has dragged this country to the gutters.
Are some individuals missing the point that a contract was signed between a former government and an American company to register ships with Dominica’s flag ? Is it ok to render a signed contract null and void just because a new government is in power . If that is the case, can a new government in Panama disregard the contract given to the Chinese to run the Panama canal ? It does not and cannot happen this way unless the government is ready to be sued.
Oh but just like any other legal contract it can be revisited. Especially in these circumstances. Any just letting you know we do not know whether this contract was for a certain period…. and alll TONY the spin doctor have said he did not indicate or explain the legality aspect of the contract.
You are missing the point expat, a country under who’s flag ships are registered remains at all times responsible for those vessels, no matter which government happens to be in power and no matter what may have been signed with a third party. It is Dominica that is responibl for these ships. If the government does not like this they can simply refuse to assign our flag to ships. Nobody compels them to register ships and c certainly not foreign-owned ones.
EXPAT: Every contract has an out clause. I have not seen this one but I can only imagine there are clauses to discontinue the contract with the American company that own the registration contract on DA behalf….and one must be if they are found registering vessel which are involved in illegal activities.
This is second time , previously Iran and now North Korea ……therefore let see what our GOVT will do.
If you are not going to do anything as a GOVT then it is obviously you are aiding and abetting.
Clarance Christian said he audited the books ,, so I guess he can tell us what was shipped and where it was shipped to and how much the goVT collected
Tony, can you or the government release documents that shows you tried to break the original contract issued by UWP but didn’t succeed because of legal binding? You that Tony is such a big liar man and sadly you leading Dominica to the grave and those blinds not seeing it.
your comment makes no sense… they need to break the agreement! thats horrible thing to sign over a country rights to register vessels to a foreign company for 30 years. How can you say that he tried to break the agreement like its a bad thing DUH!
It probably has a Dominican passport attached to it too. It is never Tony or Skerritt’s fault…..just ask them. They have nothing to do with anything. That is why everything is such a mess.
“Speaking to state-owned DBS Radio, Astaphan said the government of Dominica is not involved in the registration of ships and the entire matter starts and ends with the government which was in power in 1999 when it signed an agreement to give jurisdiction to an American company to register ships.”
How could it end with UWP when we voted them out in 1999? I know people that had contracts given to them by UWP and when we got in power we stop them? DFP established relations with Taiwan and didn’t Skerrit kick them our and brought in the Chinese? What about the IPO, didn’t we dismantle it and put our guys in to protect our kings? Before Maria were we not on the verge of changing the election laws established by our forefathers? Tony are you telling us that we could change anything that gives us the advantage for our personal gain but when it is something hurts the country you want UWP to change it? Man you are a deceiver and the enemy of truth
You on point. I dont understand the level of ignorance in that place. So UWP should have ro come back in power to stop it. I bet these registrations have some annual fees. So for twenty years who has been collecting those fees? It must be eddison James. SMFH. I am disgusted at the level of respect rhese guys have for dominicans spewing crap on DBS.
PM is busy trying to change everything in his favor . He couldn’t change that one ☝️ guess it doesn’t matter if Dominica get a black eye in the outside world ? as long as these guys pockets are full of money. I guess he will tell the world is not him is UWP fault. I hope trump doesn’t take notice of that one. Remember Trump doesn’t play. Keep playing blame game and time will tell.
After 17 years in office..u coming and tell us uwp do that. Why wasn’t that agreement rush to parliament to be amended lil the vote for treat amendment esp after our flag was publicized to be flying on Iranians boats…Why you Tony didn’t com out then to point out that defect in our maritime agreement and revoke the agreement…remember, your govt has a15-6 majority in parliament…whatever, it says…the eye has it. Se voted the DLP 17 years ago to clean up the mess the uwp had committed between 1995 and 1999…not to come 17 years later blaming the then party for its tainted policy….it seems ur govt is not doing its work…too much embarrassment yo Dominica…petiod
Tony u full of bull your jack……
This guy, the Senior Counsel to the PM, is the epitome of strife, division and deception. He is demonically mischievous and wicked. He profiteers from sowing seeds of discord among bona fide Dominicans. Everything that emanates from his mouth stretches credibility. Only the unlettered, gullible and the ignorant are swayed by his absurd propaganda. Put the blame for this unfortunate incident where it squarely belongs, with the current government. It is parasitic people like the SC and malleable institutions like DBS that create the enabling environment for Mr. Skerrit’s misrule.
Wait a minute……WAIT….From my understanding the UMP started what has led to this situation years ago. I don’t know what were their intentions at the time but it was done and they should take some blame or/and clarify the situation with the help of those in power back then like Mr. James.
On the other hand, are you telling me that almost 20 years have passed and fees paid for that company to remain in existence were never flagged? Are you saying that the DLP never knew of this existing agreement? DLP take your blame also in allowing the existence of that company to continue or/and clarify the situation as to why we are here without passing blame.
I have not commented in a while but like before party will never blind me. I am Dominican and I will vote for what makes sense in any given election for any party. I will not be blinded by color. Red, Blue, Green or yellow can get my vote if they are doing right.
Tony,as an attorney, I wonder what bar exam you took. It’s only fools like Skerit and his morons you can represent and get a listening ear from.
Look at the state of my country with nincompoops at the helm.
Mr. Astaphan is wrong, de facto.
– the government of the day is responsible for the registration of vessels under our flag. The fact the register is operated from the U.S.A. is immaterial and does not absolve our government from its legal obligations.
– Dominica is a signatory to UNCLOS (U.N. Convention on the laws of the sea, ratified in 1991) and has an obligation under international law to respond to Japan’s allegation of U.N. sanctions breaking.
– a country that provides a flag i.e a home to a ship, native- or foreign owned, by that makes the vessel an extension of its territory and said vessel comes under the jurisdiction of the flag provider, who is responsible for its actions on the high seas.
– the U.N. has the power to punish wrongdoers and as recent as last Oct.banned a ship, the Hao Fang from all ports globally.
This ship was on the register of St. Kitts & Nevis and found guilty of breaking sanctions against the same N.Korea.
You are of course right. That fool is just trying it on in the hope we would swallow his nonsense. The minute this Skerrit regime ceases this man Astaphan should be the first one to be striped of his citizenship and kicked out of Dominica. See how much money he could make without Skerrit – $0.00, I guess his family in Dominica would have to provide
Wow, Why do write such nonsense.Why do you make your own laws regarding international laws.You saying such things does not make them true.To suggest that quote,”The fact the register is operated from the U.S.A. is immaterial and does not absolve our government from its legal obligations.” pity your ignorance. Do you remember the largest oil spill in America, well it was caused by The drillship Deepwater Horizon owned by a Swiss company and registered under the Marshall Islands flag-of-convenience registry, who was responsible and who paid for the cleanup, not the Marshall Islands Government.
You mentioned UNCLOS (U.N. Convention on the laws of the sea, ratified in 1991) why do you mention such convention and not understand what you read. UNCLOS main responsibilities respect to nations their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.
To be continued
Are we in a similar or worse position with the M.O.U with China Tony Astaphans? i bet if you ask 99% of Dominicans outside of your camp what is in it, you are sure to receive a 100% of those asked responding, I DONT KNOW. or WHAT IS THAT. who will you blame later Tony for this ignorance which you guys seems to enjoying at this moment.
Lmao uwp supporters there blasting the current government for registering the vessel. I bet my comments will get like 20 dislikes from their ignorant ***
If you talk crap you get dislikes and in your case I would say you’ll get at least 30. There is nothing more ignorant than a DLP supporter.
My concern is not which Government signed the agreement ;
What i’d dearly like to know is what does my country benefit from the ships being registered under a Dominican flag ? if it is monetary , has the funds been being paid into the Dominican treasury ? have those funds been audited ? why hasn’t this ever been disclosed as revenue for Dominica in the budgets .
What Ministry has these funds been distributed to and what have they been used for ?
Paying salaries to civil servants ? i’d just like to know .
Too many secrets when comes to Dominica’s money on a whole .
Non disclosures fester suspicion and accusations .
lets clear that up OK.
because it’s the current government that’s responsible for registering the ship. it was registered last year
UWP was running government in 2017?
Read the contract and when it was dated if you can.
dominica is the poorest nation in the world shame on you all every other country developting but this country is a waste.beggibg country
Dominica is not the poorest country in the world. What a stupid comment.
G, enter the real world won’t you? FYI, it is not the cyber world. Things are tangible and make sense. Dominica is neither the poorest or a begging country. Asking for help in the time of major disaster is not begging.
I just read the first two paragraphs. DNO can you please permit me to call Tony astaphans a Jacka….. If the former Gov signed an agreement on behalf of Dominica and a new Gov comes into power and that agreement is not amended or cancelled the new government assumes responsibility whether it is labour, freedom, or pappi. An agreement signed a few months befoer they lost and 17 years under this current administration. The same way tbey were able to hault layou river project. Tony needs to shut his trap. You would think after Maria some people would do better but it seems lime total destruction is only solution for rhia place. What an idiot. All Tony is doing is proving how incompetent the current government is.
You are spot on right. Don’t know where that bold headed dwarf all of a sudden emerged from again. He is a spin doctor and Skerrits dirty mouthpiece. Go back where you came from we don’t want you in Dominica
But u sounding like the same name u going to call Tony. So u don’t know there are agreements that cant be amended or cancelled after a certain period, This is one of them like the DOMLEC agreement, If Government try to cancel or make amendments the Government will be sued. Do your homework on this one before u look like the same name u want to call Tony.
“So u don’t know there are agreements that cant be amended or cancelled after a certain period, This is one of them”
“If Government try to cancel or make amendments the Government will be sued”
I would normally ignore your response but read what you just said above. I extracted so you understand. You one of the people that cause tony spew trash and fool idiots. All you said is thats agreements can be amended government will get sued. So bottom line is they all can be amended or cancelled. Only a fool will sign an agreement without the ability to change or amend. Conditions change, crap happens, desired outcomes are negative so why would anyone sign any contract without termination or amendment clause?
Secondly why would a government allow a bad deal for 20 years while being beneficiary of all fees then when crap happens blame tbe previous gov who enjoyed 5 months. 20 yrs to 5 months. So for 20 years tbe current government exposed Dominica to risk. Let the public decide who is…
I am no lawyer but at least i have some commonsense. Read section XIV and section XX on the attached document. I say Tony astaphans is smelling is a jacka…. And you can take tbat to the bank. The only conclusion i can draw from his explanations is that he sees an opportunity to make money on Dominica again because of tbe high incompetency of this government. According to the agreement every 3 years the government of Dominica note it did not say UWP, has opportunity to review and make amendments. Also two Dominicans annually to get scholarships. Ironic that tbe former minister of finance turn laborite name is on there. Tony Astaphans is milking the stupidity of our prime minister for his benefit and skerrit is too dumb and arrogant to notice. Dominicans allowing too much nonsense.
My sentiments exactly. This response makes absolutely no sense and I am appalled that people are really rejoicing that Tony has put them in their place. When we change our government we do so, so that different policies which are more country friendly and development oriented can be put in place. On February 1, 2018 the Dominica Labour Party will be in government for eighteen years. If they could not right a so called wrong in all this time you are telling us that they are indeed a waste of time. Mere hours after entering the White House Donald Trump was undoing policies that he did not like from the Obama era.
a set of hearsay ….. Tony can say anything and we should believe . Documents please ….
Tony Ass-Taphan this is an irrelevant point as to who signed or went into the agreement with registering this ship under Dominica’s flag because for close to 20 years the owners seem to have behaved themselves well and if they were not then Skerritt has had 17 years to do something about it and didn’t and hasn’t.Just a few months ago the US authorities notified the Skerritt government that the owners had gone rogue and the central point is what did Skerritt government do about it.This is what Skerritt and the labour party has to explain to the Dominican people and the international community.It’s not a blue party nor a red party that is shamed here but Dominica,so pointing fingers is absurd.It’s just as if you have a child and for the first 15years of his life he is well behaved but when he gets in trouble with the law you go to the police and claim that it’s his mother who gave birth to him
He continues to shoot from the misty woods of P. Come home lets do agriculture St.Jean. Every gov’t blames the one b4 just as generations do. Come home from the misty woods of PA. We can use the ship and flag to transport produce to the USVI etc lets make money u have the skills(if u still do lol) I have passport monies &
@saqway, the topic of discussion is about Japan bringing a complaint to the UN and it involves a ship flying a flag from our country Dominica.You are way off base with your ridiculous submission and it is clear you lack comprehension and you are a bottom feeder from the gutter of silliness.Reread your comment and I’m sure you can’t put your real name because it just doesn’t make any sense
@saqway,I must admit that I now know why you can’t put your real name on any comment you write and send and it’s because of the reasons you have admitted to.You are one of those” pimps” selling the “…..” of Dominica for selfish personal gain to international crooks and criminals.The sad thing about it is you have no shame disclosing that you have passport money for your largesse.Please don’t include me in this scheme of yours to try to legitimize the ill gotten gains.
we DOMINICANS are waiting on TIME……..the wheels of our God turns SLOWLY but his WORKS are SURE/////////
If id d workers doing everything, why the worrying, why don’t you butt heads just clear the way let them end the suffering; (according to jama b) because you red baboons certainly can’t
This man is so full of it