Tag: airport

Court postpones delivering verdict in Siyam alcohol possession trial

The Criminal Court has postponed a hearing scheduled today to deliver a verdict in MP Ahmed ‘Sun’ Siyam Mohamed’s alcohol smuggling and possession trial, reports local media.

At the last hearing in July, Chief Judge Abdulla Mohamed had said the verdict would be delivered at the next trial date. The court has confirmed that a hearing scheduled for today has been cancelled, but did not provide an explanation.

The chief judge had taken over Siyam’s case in May after the MP for Dhaalu Meedhoo requested a change of judge.

In June, two witnesses for the prosecution testified to finding a bottle of alcohol in Siyam’s luggage. Both were customs officers.

The government-aligned Maldives Development Alliance (MDA) leader was charged with smuggling and possession of alcohol in November after a liquor bottle was found in his luggage in March 2012.

The bottle was discovered in the tourism tycoon’s bag when it was screened at the airport upon his return from a trip overseas.

The penalty for alcohol possession in the penal code is either a fine of between MVR1,000 to MVR3,000 or imprisonment, banishment or house arrest for up to three years.

Siyam’s MDA formed an alliance with the now-ruling Progressive Party of Maldives (PPM) in August to back PPM presidential candidate Abdulla Yameen.

In March 2012, an audio clip of a conversation between Siyam and Yameen was leaked on social media, in which the pair aired grievances against PPM leader and former President Maumoon Abdul Gayoom.

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Airport at standstill for one hour after aircraft grounded

The Ibrahim Nasir International Airport (INIA) came to a standstill yesterday (August 6) after a Cathay Pacific aircraft was unexpectedly grounded.

The runway had to be closed down for about an hour from 9pm because of a hydraulics problem on the plane. Hydraulic fluid consequently leaked onto the runway, causing numerous delays and disruptions, reported local media Haveeru.

According to Haveeru, one Emirates Flight which was scheduled to land had to be diverted elsewhere. Other flights delayed due to the incident include Malaysian Airways, Singapore Flights, and a number of domestic flights.

An official from INIA told Haveeru, “The runway has been cleared and is now operational. The delay took about one hour. Operations are now turning back to normal,” he said.

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Criminal Court detains two individuals caught with MVR0.9 million drug haul for five days

The Criminal Court on Tuesday extended pre-trial detention of two individuals caught with MVR900,000 (US$58,366) worth of illicit drugs to five days.

The Drug Enforcement Department (DED) caught the two individuals on arrival from the airport to Malé Monday. They are Maldivian nationals aged 48 and 31 years.

The police believe the drugs were trafficked via air.

According to the police, the 31-year-old was accused of stealing money and documents from fifth floor apartment on Malé’s Dhafeena Building in December 2011.

On Tuesday, the DED also searched both of their residences and found documents related to the drug haul.

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Government seeks US$600 million from China and Japan for airport development

The government of Maldives is in talks with the Japan Bank for International Cooperation (JBIC) and China Exim Bank to secure a US$600 million for airport development.

Tourism Minister Ahmed Adeeb said the government is seeking US$200 million from JBIC and US$400 million from China’s Exim Bank to develop a terminal and runway respectively.

Sinagpore’s Changi Airport Group will be hired as consultants as they are better qualified to work with Chinese and Japanese contractors, he added.

The government is in the process of finalising an agreement with Changi, he said.

Speaking to the press on Tuesday, Adeeb said he does not expect a Singaporean tribunal’s ruling ordering the government to pay damages to former airport developer GMR Infrastructure for wrongful termination to affect the government’s new plans.

In abruptly terminating the contract, the government had chosen to protect the country’s multibillion-dollar tourism sector, Adeeb said. He claimed major airlines had threatened to cease operations in the Maldives following the GMR takeover – a move that may have led to collapse of tourism.

Compensation

Adeeb has dismissed opposition fears of an imminent sovereign debt crisis if forced to pay GMR’s initial claim of US$ 1.4 billion, repeatedly stating the government has the capacity to pay compensation.

“God willing, our airport will be developed. Our economy will grow with the special economic zone bill, and our government will become rich, we will overcome our budget deficit and god willing we will be able to pay any amount we have to,” he said.

Adeeb also said the arbitration tribunal had ruled out the US$1.4 billion claim as a large percentage of the claim is business opportunity losses.

The exact amount of compensation is to be set in a second phase of arbitration and will factor in concession fees and the amount GMR invested in INIA.

President Abdulla Yameen has previously predicted compensation to be approximately US$300 million, while former Attorney General Azima Shakoor in 2012 said the figure may be as high as US$700 million.

The World Bank in December said GMR’s compensation will place severe pressure on the country’s already “critically low” reserves.

As of April 2014, the Maldives’ gross foreign reserve stood at US$434.8 million, while total outstanding debt at the end of 2013 stood at US$793.6 million dollars.

GMR or tourism?

The concession agreement was “lopsided,” “biased” and negatively affected airline operations in the Maldives, Adeeb said.

“[I]t was either tourism or GMR contract. Only one of them would survive in the Maldives. Airlines were complaining, some airlines were moving out – as you know, for big airlines like Qatar, it is no big deal for them to stop operations here. For them, this is a very small market. If airlines stop operations, a country’s tourism will go bankrupt. We have seen the decline to tourism in Seychelles and Mauritius. We had to take action,” he said.

“IATA research shows seat capacity from Europe decreased from 2010 – 2012, and it was not affordable for charter airlines to fly to the Maldives. They were increasing fuel prices, by week, by month, for big scheduled airlines, without considering world prices, because they had a monopoly. Due to the agreement, there was nothing the government could do,” he added.

However, a 2013 Auditor General report presented a “mixed picture”, stating only Sri Lankan airlines definitively ceased refueling due to increased price of fuel.

Adeeb said he believed airport infrastructure are tourism investments, and pledged to integrate tourism and regional airport development.

“We want responsible investors, not just investors,” he said, adding that the government will sue former government officials who have caused losses to the government through lopsided business contracts.

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GMR wins arbitration case, tribunal deems airport deal was “valid and binding”

Additional reporting by Zaheena Rasheed

Indian infrastructure giant GMR has won its arbitration case against the Government of Maldives (GoM) for the premature termination of its airport development agreement in 2012.

In a letter sent to the Bombay Stock Exchange, the company explained that the tribunal has said the 18 month tribunal found the agreement to have been “valid and binding”.

“GoM and MACL [Maldives Airports Company Ltd] are joint and severally liable in damages to GMIAL for loss caused by wrongful repudiation of the agreement as per the concession agreement,” read today’s letter.

“It has always been our firm belief that the cancellation of our  concession agreement amounted to wrongful repudiation by the Government of Maldives and the Tribunal has upheld this standard,” wrote GMR Company Secretary C.P. Sounderarajan.

The determining of liability – the first of two phases of arbitration – will now be followed by the determining of compensation owed, with the Indian company seeking US$1.4billion – a figure which exceeds the Maldives annual budget.

Current Attorney General Mohamed Anil has recently expressed his belief that the government was liable only for GMR’s initial outlay of US$78million, plus any costs for construction work completed after the 2010 deal was agreed.

The President’s Office has said that the attorney general will provide a briefing on the case later today.

With the compensation fee yet to be decided, the impact of the tribunal’s decision is still unclear, although the World Bank has previously noted that it would place severe pressure on the country’s already “critically low” foreign reserves.

Hamid Abdul Ghafoor, spokesman for the opposition Maldivian Democratic Party  – under whose tenure the deal was brokered has described the decision as a “major breakthrough”.

Void ab initio?

As well as ordering the Maldives to pay GMR’s Malé International Airport Limited (GMIAL), US$4 million within 42 days for cost of proceedings, GMR have revealed further details of the award.

According to GMR the private arbitration proceedings – disclosed in line with its regulatory requirements – deemed the deal “not void for any mistake of law or discharged by frustration”.

The decision to cancel the deal was made in November 2012 by the administration of President Dr Mohamed Waheed, with then Attorney General Azima Shukoor declaring the deal void ab initio – meaning that the contract was invalid from the outset.

Shukoor further cited English contract law of ‘frustration’, which acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party’s principal purpose for entering into the contract.

GMR have today revealed the tribunal’s finding that the collection of Airport Development Charge and Insurance Surcharge – contentious points preceding the contracts termination – to have been lawful under Maldivian law.

The US$511 million agreement to develop Ibrahim Nasir International Airport (INIA) – signed during the tenure of former President Mohamed Nasheed – represented the largest foreign direct investment in the Maldives history.

Legal and political wrangling regarding the deal began before GMR had even assumed management of the airport, however, with the then opposition attacking the deal as part of an increasingly fervent anti-government movement which would eventually lead to the controversial resignation of Nasheed in February 2012.

Concession and compensation

The previous December a case filed in the Civil Court  by opposition parties ruled that the Airport Development Charge – key to the agreement’s financial viability – was deemed illegal.

Following the ruling, the Nasheed government reached an agreement with GMR to deduct the lost revenue – anticipated to have been US$25 million per year –  from concession payments owed to the government.

This decision resulted in further tensions after the fall of the Nasheed government, with GMR contract’s detractors – now in office –receiving a series of bills as the lost ADC revenue eclipsed any concession payments owed.

The ADC matter was subsequently referred to the Singapore arbitration court – as agreed in the initial concession agreement – while senior figures in the government pleaded with Indian PM Manmohan Singh to cancel the agreement, citing growing anti-Indian sentiment in the country.

In today’s letter, GMR revealed that the tribunal had ruled both the charge, and the subsequent adjustment was also “lawful and binding on MACL and GoM”.

The termination of the contract was accompanied by a cooling of relations with neighbour India as well as questions regarding foreign investor confidence in the Maldives – both issues that incumbent President Abdulla Yameen has sought to address since his election in November.

Future investment

Yameen – whose Progressive Party of Maldives has distanced itself from termination of the GMR deal, despite being the largest party in the coalition government at the time –  has pledged to create an environment conducive to further foreign investment.

As well as introducing plans for special economic zones within the country, Yameen’s government has embarked on a drive for foreign investors – suggesting that even GMR would be welcomed back to work on new projects.

“We are going to open up the Maldives in a huge way to foreign investors. Our thirst cannot be quenched. The opportunity to foreign investors is going to be enormous,” said the president in April.

Projects outlined at a landmark Singapore Investment Forum included the further development of Malé International Airport, though Yameen has said that overall management would remain in Maldivian hands due to its national commercial and security importance.

New plans for redevelopment of the airport will include foreign investors – an issue that continues to cause controversy – under the management of the state-owned MACL.

MDP Spokesman Hamid today suggested that the tribunal’s decision would deter further investment and foreign financing in the Maldives and – depending on the compensation amount – could result in the state’s bankruptcy.

Hamid reiterated his party’s recent calls for GMR’s reinstatement, stating the the MDP would be considering further legal action following the tribunal’s decision.

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EPA against airport development on Farukolhu

The Environmental Protection Agency (EPA) has rejected a proposal to develop an airport on an environmentally sensitive area in Farukolhu Island in northern Shaviyani Atoll.

“We believe the damage caused to such an environmentally sensitive area does not justify the project,” EPA’s Director General Ibrahim Naeem told Minivan News today.

Farukolhu has extensive mangroves and is a nesting ground for several species of birds. Sharks and rays frequent the island’s bay for breeding.

In June 2013, Minister of Tourism Ahmed Adeeb and recently dismissed Minister of Transport Ameen Ibrahim leased out the island to Araam Travels Pvt Ltd to establish an airport.

The project – to be completed within 15 months – would boost tourism in the area, Adeeb said. He identified lack of transport infrastructure to be the biggest obstacle to tourism in Shaviyani Atoll.

The company was awarded Gaaf Alif Atoll Innahera Island for resort development under a public-private partnership agreement to subsidize the airport venture.

The US$ 4 million project was to reclaim 1.8 hectares from the island’s mangrove sites to construct airport runway. Generators, desalination plants, sewerage and drainage facilities and a jetty were also planned.

The EPA rejected the proposal based on an environmental impact assessment. Araam Travels can appeal the EPA’s decision with Minister of Environment and Energy Thoriq Ibrahim.

If the minister upholds the EPA’s decision, the government may have to designate another island for airport development.

According to local media, a company owned by Health Minister Dr Mariyam Shakeela’s husband, Mohamed Ibrahim Didi, owns a stake in Araam Travels.

The EPA recently halted reclamation in Dhaal Atoll Meedhoo Island for violating environmental regulations.

Established in 2009, the EPA functions under the supervision of a governing board within the Ministry of Environment and Energy. The agency has published a list of protected areas and a separate list of ‘environmentally sensitive areas.’

Local environmental groups have spoken out against the dredging of a mangrove site in Haa Dhaal Atoll Kulhudhuffushi Island for airport development.

There are nine airports in the Maldives, of which five are domestic airports.

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Flyme’s first seaplane en route to Maldives

Flyme has announced that the company’s first seaplane is expected to arrive in Maldives on Monday (April 28).

The Cessna 208 Caravan is a single turboprop engine, fixed-gear short-haul aircraft manufactured by Cessna. The airplane typically seats seven passengers with a pilot and co-pilot, according to Vnews.

Flyme said that the seaplane services will be open for locals, adding that more seaplanes would join the Flyme seaplane fleet in the future.

Flyme is a company under the umbrella of Villa Shipping and Trading Company, and currently serves nine local airports.

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GMR arbitration verdict to take up to two months

The government has confirmed that arbitration proceedings regarding the terminated GMR contract – expected to be concluded this week – may take up to two months to reach a verdict.

President Abdulla Yameen had recently stated that the government had failed to reach an out of court settlement with the Indian infrastructure giant, which is seeking US$1.4billion in compensation after the premature annulment of its 25-year concession agreement.

“But the thing is, the GMR is seeking a huge amount as compensation. This government, however, does not believe that we can – or indeed that we need to – pay such a large amount as compensation,” Yameen stated prior to his departure to Japan earlier this week.

“So their [GMR’s] decision now is to wait until the arbitration case is concluded. So we will carry on after the arbitration case is completed,” he continued.

Yameen revealed his intention to seek further foreign investment in the development of Ibrahim Nasir International Airport (INIA), with Japanese, Singaporean, and Middle Eastern investors all being courted.

The president confirmed that the arbitration case had commenced and that both Minister of Defence and National Security Mohamed Nazim and former Attorney General Azima Shakoor had attended the hearing as witnesses from the state.

“Those from our government who were handling the matter at the time have attended the first session’s hearing and provided the necessary information,” Yameen said.

New facilities

“We are not seeking just one single investor for the airport. This is because development of the airport will be a huge project,” Yameen told the media on before his departure on Sunday (April 13).

“What we are speaking about is a new airport. We want it to be an iconic building with additional runway, an additional terminal and new terminal facilities.”

The Maldives Airport Company Limited (MACL) has today confirmed that a second runway will form a crucial part of any new development – the need for which has come to the fore again this week as the state of the airport’s runway partly to blame for the bursting of landing aircraft’s tire in December 2011.

United Arab Emirates’ General Civil Aviation Authority found that the burst tire of a landing Emirates flight was partly caused by the accumulation of standing water on the runway.

The reports advised the Maldives Civil Aviation Authority to “ensure that Operators utilising Male’ airport are fully aware of the runway condition until the runway enhancements are finalised”.

Demands for a second runway – not included in the initial agreement – were among the criticisms levelled at the US$500million GMR concession agreement, before the deal was declared void ab initio (‘invalid from the outset’) by the Dr Mohamed Waheed government.

With speculation about excessive foreign influence accompanying the anti-GMR campaign prior to the contract’s termination, President Yameen has assured that overall  management of the airport will stay in the hands of MACL.

New investors

“We are also thinking about making the airport into one that can carry over 5 million passengers. We want the airport to be one that can cater to tourism growth within the next 50 years,” Yameen explained this week.

“Therefore, this is a project worth at least 600 to 800 million dollars. Of the various components of the airport, we are approaching Japan to invest in terminal facilities and a terminal building. So this trip [to Japan] is not one where we are seeking a single party to develop the whole airport.”

He further stated that Vice President Dr Mohamed Jameel Ahmed had held positive discussions with Kuwait over airport development assistance while he had personally met with Saudi Arabia’s infrastructure giant Bin Laden Group, who also expressed interest in the project.

While the Minister of Economic Development Mohamed Saeed and Minister of Tourism Ahmed Adeeb are working on a concept design of the airport, the senior management of Singapore’s Changi airport were being mooted as consultants for the development.

Yameen will travel to Singapore later this month to inaugurate the Maldives Investment Forum, a government initiative to showcase ‘high level’ investment opportunities in the country, including the development of INIA.

The president has previously assured foreign investors that future investments will in the Maldives are safe, and will soon be protected by enhanced legislation.

“We are going to open up the Maldives in a huge way to foreign investors. Our thirst cannot be quenched. The opportunity to foreign investors is going to be enormous,” he told potential developers earlier this month.

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Six parties express interest in building airport on Felivaru

Six companies have expressed interest in building an airport on Lhaviyani Atoll Felivaru, the Transport Ministry has said.

Regional Airports Director Sami Ageel said the six parties include three domestic companies and three companies from Kuwait, Sri Lanka, and the UK.

Transport Minister Ameen Ibrahim has previously said the government would allow the winning company to establish a resort on Lhaviyani Atoll Madivaru. The government wants a 1,800 meter runway at Felivaru, he said.

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