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