HARD DRIVES

Airport {:} New Information You Ought To Learn About It

In this post I will present to you the existing Logan Airport parking rates that are current from 2009 to present so that you might be able to strategy your vacation somewhat easier.

The Central Parking Garage offers effortless access to all terminals (A,B,C,D and E) through pedestrian bridges which are on level 4. Parking attendants are accessible on call 24 hours a day.

CONSTITUTIONAL AND LEGAL QUESTIONS, AND FINANCING RISKS INVOLVED

November 29th, 2010

Central parking garage

1. Introduction
On 28th June 2010 the Government of the Maldives entered into a contract with GMR to lease the airport for a period of 25 years. A sum of U$78 million as advance payment which would be to be deducted from the profit because of Government.
b.
c. 15% of the Gross Fuel Sales inside the very first 4 years and 27% of the Gross Fuel Sales in the remaining years.
d.

0 – 30 minutes $3.00
31 minutes – 60 minutes $6.00
1 -1 ½ hr $9.00
1 – 2 hr $12.00
2 – 3 hr $15.00
3 – 4 hr $18.00
4 – 7 hr $22.00
7 – 24 hr $24.00
1 Day & 0-6 hr $36.00
1 Day & 6-24 hr $48.00
Each Additional Day $24.00
Extra Day 0-6 hr $12.00
Lost Ticket Fee: Applicable Parking Fee + $5.00

Terminal B as described is preferable to those close to Terminal B, please note that all autos traveling into Terminal B will receive a security search.

In return GMR is given appropriate to levy more than US$2billion dollars from international bound passengers. These include:
a.
b. A levy of USD2 for every single international departure passenger.
c. In addition to that quite a few other concessions are given to GMR.

2. Circumstances Surrounding the Award
a. On18th October 2009 President Nasheed’s 20 month old Government sold, without having any competitive bid process, majority shares of the State’s most profitable company Dhiraagu to Cable and Wireless (Britain) 122 days later, in the height of world monetary crisis, the Government bought and few days later sold 20% shares of the country’s second most profitable government shareholding organization – MWSC to Hitachi of Japan for MRF209.4 million. Government lost a total of MRF3.88 million from this later sale alone. Initially Parliament recommended not to sell state assets with out its approval. Eventually the Parliament passed an amendment to Public Finance Act which efficiently barred sale of state assets without parliamentary approval. Two hours later, in clear violation of the amended Public Finance Act, the Government leased MIA to GMR for 25 years!
b. It refused to do so on the ground that the Government didn’t share fundamental details and relevant documents with it. The Government, in violation of the Company Act, quickly dismissed the MIA board and replaced with its very own cronies which there and then rubber stamped the deal.
c. In a nationally televised event the Opposition Alliance warned all the concerned men and women not to proceed with the deal and signed a written pledge to:
-Undo any deal,
-Propose a certain law dealing using the MIA,
-Mount legal challenges in the Courts,
-Ask the country’s independent anti-corruption watch dog to investigate allegation of corruption involving the deal,
-Take action (including taking no-confidence vote) against ministers responsible for the deal (Minister for Finance and Treasury and Minister responsible for privatization)
d. The Government rushed the award of MIA to GMR right after a comprehensive bill on Privatization has been adopted by open Parliament and committees thereof.

3. Subsequent events
a. One day right after the award of the MIA to GMR, the whole cabinet resigned citing no-cooperation from the Parliament. However the genuine cause appears to be to prevent parliamentary scrutiny of the GMR deal, like achievable impeachment of senior ministers.
b. Only four hours following the cabinet resignation, the government in clear violation of Constitution mobilized military to arrest leaders who formed a united front to oppose the award. The government also prevented, once more in clear violation of the Constitution and Parliamentary Rules, the detained leaders from attending the Parliament.
c. Fourteen days later the Supreme Court declared their arrest unconstitutional and ordered them to be released. The Government then sent military with tanks and heavy armory to re-arrest 1 of the Opposition Alliance Leaders and held him for 9 days. When the Criminal Court ordered to produce the detained leader for a habeas corpus hearing senior military officials told the Chief Judge that they WILL NOT obey any court order!
d. Under the Constitution ministerial nominees will need to obtain parliamentary consent prior to assuming office or taking oath of office.
e. To make things worse, on 28th September 2010 these self-proclaimed ministers and also the Cabinet made the decision that they are going to topic themselves to Parliamentary scrutiny!
f. Upon submission of the “re-instated” ministers for Parliamentary consent, the Parliament refused consent to seven out of twelve ministers, like Minister for Finance and Treasury, Minister for Dwelling Affairs, Minister for Defence and Minister for Foreign Affairs. The President says that regardless of the rejection by the Parliament they will continue as ministers! The concern is becoming challenged in the Supreme Court.
g. In the meantime the President on 3rd June 2010 returned the amended Public Finance Act to Parliament (which he is entitled to do so under the Constitution). The Parliament however, passed the amendment with adequate numbers to overrule presidential veto. The president then refused to gazette the law! The problem too is becoming challenged in the Supreme Court.

4. Current status
a. Currently the opposition has filed a situation with the independent Anti-corruption Commission to investigate suspected corrupt dealings involving MIA lease to GMR.
b. The Opposition has challenged the Registrar’s choice in the High Court.
c. Deputy Leader of the Dhivehi Qaumee Party (Maldivian National Party) Mr. Imad Solih has also filed a case inside the Civil Court difficult MIA lease to GMR.
d.
e. Opposition Alliance is in the approach of drafting a law to overrule the MIA lease to GMR and to nationalize the MIA. The Bill is expected to be tabled just before the Parliament inside the present session.

5. Grounds for challenge

Terminal B Parking Garage Rates

Unconstitutional
a. MIA lease to GMR entails a levy of USD25 and also a USD2 as insurance for each international departure passenger (this is in addition towards the current levy of USD18 for foreigners and USD14 for locals).
b. Article 97 of the Constitution prohibits any type of taxation without legislation. Levy on departure passengers have generally been done via legislation, which includes amendments thereof. In fact the current levy of USD18 for foreigners and USD14 for locals was introduced by the present government via amendments to the relevant law.
c. However, the right to levy a USD25 and also a USD2 (a total of USD27) was given to GMR by the Government without having the passage of any law.
d. According to news reports GMR has sought along with the Government has agreed to give sovereign guarantee MIA related loans GMR takes. However, Public Finance (Amendment) Act clearly bars issuance of any such guarantee without having Parliamentary endorsement. The Government has so far not sought such approval plus the opposition dominated Parliament is unlikely to give such approval.

Parliamentary recommendation not to sell state assets without having its approval is binding on the Government.
b. Award of MIA to GMR is in clear breach of Public Finance (Amendment) Act which was passed to avoid the Award of MIA to GMR in specific and prevent of state assets in general.
c. MIA is usually a property of MACL – a statutory body designed beneath the Company Act. Therefore, the Board’s dismissal and subsequent appointment of a crony Board which rubber stamped the MIA to GMR is in breach of Company Act.
d. Against the privatization Regulation (first opportunity towards the MIA itself).

Suspected Corruption
a. Secrecy – The deal was kept extremely secret. Opposition is inside the procedure of challenging Government’s refusal to offer copies of the document within the Courts.
b. Furthermore, under Article 61(c) the Government is duty bound to create public all government choices and actions, except details which is declared as State secret by law.
c. Minister of Finance and Treasury Mr. Ali Hashim and Minister responsible for privatization Mr. Mahmood Razi are greatest Duty Totally free operators at MIA, whilst important financial contributors of the ruling Maldivian Democratic Party (MDP) also holds major takes and interests inside the airport.

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