2006 REPORT ON INVESTMENT DISPUTES AND

UNCLAS KINGSTON 001144 SIPDIS SIPDIS DEPARTMENT FOR WHA/CAR (BENT),EB/IFD/OIA (ROSELI),L/CID (DAUGHTRY) SANTO DOMINGO FOR FCS AND FAS E.O. 12958: N/A TAGS: KIDE EINV ECON CASC EFIN OPIC PGOV JM SUBJECT: 2006 REPORT ON INVESTMENT DISPUTES AND EXPROPRIATION CLAIMS - JAMAICA REF: A. STATE 60294 ¶B. 01 KINGSTON 1525 ¶C. 02 KINGSTON 1558 ¶D. 04 KINGSTON 1525 ¶E. 05 KINGSTON 1257 ¶1. Embassy Kingston is aware of one investment dispute between a U.S. citizen/entity and the GOJ. This was first reported in ref. B, and was updated in refs. C, D and E. This dispute has been included in past Reports on Investment Disputes. ¶2. A) Claimant A. B) 1996 C) Case status: As noted in reftels, Post was last contacted by Claimant A through his lawyer in June 2001. Post contacted Claimant A on June 8, 2006, in order to update the case status. Claimant informed Post that in light of the rejection by the GOJ cabinet, and mitigated by insurance paid by OPIC in the amount of USD 1.5 million, he had decided "to write it off" as unwinnable. Claimant did express that if Post learned anything new, or if he heard of an avenue to continue to seek compensation, he would certainly re-engage. ¶3. Claimant's name: Burton Joseph (JOSCO) ¶4. As stated in ref. E, Embassy Kingston is aware of one investment dispute between a U.S. citizen/entity and a Jamaican citizen/entity with purported local political connections. Post offers the following update, despite the fact that Claimant is unable to offer comprehensive proof that the GOJ connection has influenced the outcome. A) Claimant B. B) 2004. C) USD 630,000 of Claimant's money in a Jamaican bank is still frozen by order of a Jamaican magistrate. On May 17, 2006, a judge ruled against claimant in a private hearing in chambers. Post has offered repeatedly to attend any open hearings as an observer, but Claimant maintained that on the advice of his local counsel he would prefer that we not/not attend. Claimant asked that Post send an observer to attend a further hearing on May 22, but that hearing was postponed. Claimant indicated that he would advise when a new date had been set. ¶5. Claimant's name: Richard Linhart. JOHNSON