7 News Belize

Jack Charles Showed Up To Clear His Rice; BAHA Didn’t Budge
posted (December 17, 2015)
Three containers of Rice from Guyana arrived at the Big Creek in Belize this morning, and was offloaded into the Port's Compound in Independence Village. Now, as you've been seeing all this week the local rice producers are pressing the government to send it back. The Government agencies, namely, the Belize Agricultural and Health Authority (BAHA), the Ministry of Agriculture, say that Importer Jack Charles does not have the proper permits to clear the rice for sale in Belize.

Still, he showed up today and made his attempts to get the BAHA personnel to budge. Our news team was in Independence all day today, and Daniel Ortiz has the full story:

Daniel Ortiz reporting
These 3 containers are currently housing the Guyanese Rice that businessman Jack Charles imported into Belize. It's been temporarily offloaded from the barge which brought it from Santo Tomas, Guatemala.

Gustavo Carrillo - Manager, Port of Big Creek
"They arrived out of Santo Thomas Guatemala, where we have our barging operation. The tug and barge arrived at the Big Creek Port at about 5am this morning. The barge was emptied and cleared by the authorities and the cargo was off loaded this morning."

And that's we found the containers of rice. They were sitting on the compound of the Port of Big Creek in Independence Village. Think of this location as limbo, an immigration checkpoint at an airport - if you will - but for shipping cargo. Physically, it's in Belize, but until Customs and BAHA clear it, the Guyanese Rice is detained with a possibility of being sent back out.

The Port's staff was very cordial and accommodating with the press, allowing us access to see the cargo, and the barge which brought it into Belizean territory.

But, while the Port's personnel could allow us unrestricted access to get in and out of the facility's compound, it couldn't afford Charles the same opportunity to remove his shipment of rice.

The decision is out of their hands, and this importer must get the proper documentation from Customs and BAHA to do that.

Gustavo Carrillo - Manager, Port of Big Creek
"From the side of the port operations Jack Charles has to do his documentation with Customs, BAHA and all the authorities that are involved. The port will not release any cargo until Customs authorized the port to issue the release."

So, without documentation these containers will have to sit in the port, for a finite amount of time.

Gustavo Carrillo - Manager, Port of Big Creek
"They would sit at the port and Jack Charles has 7 free days after those days he would have to start paying storage on the containers. They are allowed to store it up to a certain time and if it's not cleared, then the cargo would be auctioned off or disposed o, depending at what the cargo is."

Of course, having his merchandise sitting in the port is not what Importer Jack Charles intends to have happen.

So, this afternoon, he arrived at the BAHA Quarantine office in Independence to see what was the department's official position. He was hoping that they would grant him the permission he needed, but he was well-aware that it wasn't going to be that easy.

Still, he had to formally make the request for permission to see what grounds for refusal they would give him on the record.

Jack Charles - Trying to Import Guyanese Rice
"As you can see I have already processed my customs entry to get my goods to be release and after the customs we need to come to get clearance from BAHA and yes as you guys know we don't have the permit, but we had already applied for it."

But, the senior BAHA Rep. posted at Port of Big Creek gave Charles and uncompromising "No" with no specific reasons for refusing to allow him to clear his cargo.

Israel Pitts - Senior Quarantine Inspector, BAHA
"Based on instructions from my supervisor as what I explained to the importer, we are detaining the cargo, the shipment of rice and if further information you could contact my supervisor."

Charles' technical advisor explained that BAHA only has a limited jurisdiction to refuse to allow the importer from clearing his goods. According to him it is not a cart blanche mandate to do as the Department pleases.

Sergio Garcia- Technical Advisor, JC Rice
"Two things we have asked the quarantine; 1) is that a plant product require Phytosanitary clearance, nothing else. The SPS requirement for plant product is basically a Phyto, which is what they have asked for and that's available there. The second thing is that under the BAHA act, the SI, there is a section which we have asked the quarantine inspector to respond to us which say under administrative penalties, we were asking him why on page 26-2, it says where an importer of a regulated commodity or product fails to produce an import permit, for such regulated commodity or product as prescribed under regulation 6, in the presence of supporting documents such as the Phytosanitary certificate, certificate of origin, he shall be liable from administrative penalty of $200 for consignment in addition of an inspection fee of $500. Which would have been applicable in this position. You must give a reason in writing to allow that client to appeal the decision that you have made. In this situation after the application, nothing has been received from BAHA in writing saying we have rejected the application."

So, what's next for Jack Charles in trying to get a hold of his impounded Guyanese Rice?

Jack Charles - Trying to Import Guyanese Rice
"Currently I will just wait for a day or two. At least I will give them until tomorrow and see exactly if they have any legal grounds to present to me basically. But again, as I say, if they have the legal ground and they know the rice is coming on Thursday. From last week they know this rice is coming on Thursday. I was hoping that as I entered the BAHA office, along with a decision, I would have been just given a paper in my hand saying here it is, these are my grounds too - hold it and walk out."

Our news team arrived just before the start of news, and so on tomorrow's newscast, we'll have the full comments from Jack Charles as he gives his reaction to the refusal in a late evening Press Conference.

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