Thursday, March 29, 2018

FSC Resignation


DON MITCHELL, CBE, (RETD JUDGE)
OWEN LANE, NORTH HILL
P O BOX 83, THE VALLEY
AI-2640 ANGUILLA, BWI

Landline: (264) 497 2139
Cellphone: (264) 235 8654

29 March, 2018

His Excellency the Governor
Mr Tim Foy
Government House
Old Ta
Anguilla

(By email)

Your Excellency,
Re: The Anguilla Financial Services Commission (the FSC)
I note with sadness that I have not received any acknowledgment of my letter to you delivered at my meeting with you of 20 February past which I attended together with the other non-executive members of the FSC Board.  The purpose of the meeting was to draw to your attention a number of matters of concern regarding the lack of good governance in the government of Anguilla generally and in the Ministry of Finance in particular, and our resulting fears for the future of the FSC.
I appreciate (via feedback from the Chair to whom you spoke) that you did not find the matters appropriate to be raised by Commission Board members.  I disagree.  The Commission’s functions are set out in law and include the duty to advise the Governor on matters relating to or connected with financial services business and also in relation to financial services, companies or any other structure or arrangements.  No financial services industry can thrive in a jurisdiction lacking an effective, non-corrupt public service.
The issues around our meeting aside, the Board is also concerned to have had no return of the Director’s contract – agreed by you informally by email but not confirmed, though the contract was sent to you some weeks ago.
The risk of an imminent departure of the Director is worrying, particularly in the light of Mrs Hatton’s term of office concluding without your offering to renew it.  You have defenestrated the FSC.
I therefore resign from the Board with immediate effect.
I copy this letter to your superior at the FCO in the hope that someone will take your failures regarding the situation with the FSC seriously.
Yours sincerely,


Don Mitchell
cc: Mr Ben Merrick