STEP BAHAMAS, Goodman's Bay Corporate Centre, 1St Fl., P.O
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S T E P Society of Trust & Estate Practitioners STEP BAHAMAS, Goodman's Bay Corporate Centre, 1st Fl., P.O. Box N-1764, Nassau, Bahamas Tel: (242) 323-6612 * Fax: (242) 326-7007 * [email protected] * * * * * * * * * * * * The Board of Directors of STEP Bahamas Cordially invites All STEP members and friends To a Presentation At 12:30pm On Thursday, December 11, 2008 At ** SUPERCLUBS BREEZES ** The Hon. Alfred M. Sears, M.P. of Sears & Co. will address us on: “Criteria for Trustees Rendering Legal Assistance to Other Countries in Civil and Criminal Matters” ___________________________________________________________________ Session price: $40.00 per member | $45.00 per non-member RSVP by: Wednesday, December 10, 2008 | To: Robyn Davis, STEP Tel: 323-6612 Or Email: [email protected] *Since the hotel requires payment in advance, we have incurred unwarranted expenses at recent events because of “no shows”. Please note that you must RSVP and forward your cheques to us before the date of the event. Any arrangement for payment must be made prior to the event. Disclaimer The views and opinions expressed by presenters at STEP-sponsored events or in STEP-sponsored publications are not necessarily the views and opinions of STEP, its officers, or any of its constituent members. In particular, the fact that STEP may provide a forum for, or may otherwise facilitate the expression of, such views and opinions should not be interpreted to mean or imply that STEP accepts, adopts, or encourages the acceptance or adoption of any of such views and opinions either wholly or in part. STEP Bahamas "Criteria for Trustees rendering legal assistance to other countries in civil and criminal matters" Summary for Presentation The Bahamas’ commitment to effectively fulfill its international obligations in the spirit of comity and through the provision of international assistance is demonstrated by its willingness to grant legal assistance through the promulgation of specific legislation and bilateral Mutual Legal treaties entered with the United States, the United Kingdom and Canada, while ensuring that The Bahamas will continue to be a leading financial services center in the global economy, which takes into consideration the needs of the international community, while balancing its own interests. Despite the fact that the measures taken by The Bahamas have been endorsed by the Financial Action Task Force (FATF), the Caribbean Financial Action Task Force (CFATF) and the International Monetary Fund (IMF), amongst multilateral agencies, there are certain United States Attorneys, States Prosecutors and other foreign officials who perceive the mutual legal assistance procedure and other legal mechanism of international cooperation under Bahamian law too time consuming and cumbersome. Rather than applying to the Competent Authority under Bahamian law for assistance, they circumvent the Bahamian legal procedure by approaching Bahamian trustees directly, sometimes coercively, to render assistance outside of the mutual assistance procedure negotiated and promulgated between the United States Government and the Government of the Commonwealth of The Bahamas. In short, how should Bahamian trustees deal with these overtures by United States authorities and other foreign authorities to have the Bahamian registered trustees render assistance in criminal and civil matters outside of the procedure and mechanism of Bahamian law? Christian Values Alfred Michael Sears, born on the 13th of January 1953, is the eldest of eleven children of Winifred Sears, a humble, hard working woman of substance that dedicated her life to raising her children. Alfred was christened at St. Francis Xavier Cathedral Church in Nassau. He participated in church activities as an altar server where he acquired a deep respect for fundamental Christian values. With due regard and reverence for Christian theology and values, he served as an acolyte for many years at the Cathedral. The Road Less Traveled Like some boys, Alfred had a troubled background. He was convicted by the Juvenile Court on three occasions and sentenced to the Boys Industrial School (now Simpson Penn Centre). It was while as a resident of the Boys Industrial School, Alfred set his heart and mind to make something positive of his life in order to help his mother and contribute to his community and country. With the help of his mother, grandmother and grandfather, Mervin and Mytis Wilkinson, the encouragement of Dr. Timothy McCarthney, Fr. Brendan Fraser, Mr. Audley Kemp, some of the overseers at the Boys Industrial School (Mr. Leroy Archer, Mr. Bosfield, Mrs. Winifred McKenzie and Mr. Titus) and a group of missionary sisters from Bethel Baptist Church (Sisters Pearl Pinder, Carmel Johnson, Cleo Williams and Thelma Pinder), Alfred was able to realize his dream by working hard to prepare for high school. One small step for Alfred, but a giant leap for a young boy with bright ambitions. From this Alfred learned the value of making the best of an opportunity and the important role that elders play in a community in helping young people mature and find their path in life. It Takes a Village and a Community Alfred succeeded in entering St. Augustine’s College only to face the rigour and challenge of academic life in high school. Nevertheless, he was determined to persevere at all cost. He was assisted and mentored by concerned teachers such as Sister Barbara Coyle, Mr. Wellington Pratt, Fr. Achatz Elias, Mr. Winston Carter and Mr. Vincent Ferguson. Initially placed with students three years younger than him, Alfred eventually excelled both academically and in extra‐curricular activities. He graduated from St. Augustine’s College in 1972 Community Leader In 1970, Alfred founded the Interdenominational Christian Youth Association (“ICYA”) while attending St. Augustine’s College with other young people, namely, Danny Price, Althea Glass and Donald Newton. Rev. Basil Johnson, a mentor and friend, acted as spiritual advisor. The ICYA organized successful summer school programmes for children in Grants Town, St. Agnes and Bain Town communities. It was at an ICYA function in the summer of 1973 that Alfred met his future wife, Marion Bethel, who served as coordinator of ICYA Summer School Programmes. During this period, Alfred attended Bethel Baptist Church where he became an active member of the Junior Choir, a Sunday School Teacher and a youth leader advocating basic human values and concern for others. The Journey Abroad In 1974, Alfred left The Bahamas to pursue undergraduate studies at Columbia University in New York. In pursuing his dream, Alfred graduated from Columbia College in 1977 with a B.A. in Political Science. During this period, Alfred was elected and served as the President of the Bahamian Students Association of New York from 1974 until 1977. Knowing that his preparation was incomplete to achieve the goals he had set for himself, Alfred continued with higher education at the School of International and Public Affairs, Columbia University, where, in 1978, he earned a Masters Degree in International Affairs in International Law, as well as a Certificate in African Affairs (1981). In 1978, Alfred began his doctoral studies in International Relations at the Graduate School of Arts and Sciences, Columbia University. In 1984, he was awarded the M.Phil. Degree. In 1984, Alfred attended New York Law School and was awarded a Juris Doctor Degee in Law in 1987. In 1991, he was awarded the Certificate of Legal Education from the Norman Manley School of Law, University of the West Indies, Jamaica. Educator and Advocate In 1978, Alfred was appointed as a lecturer on Caribbean Politics and International Relations at Hunter College, City University of New York and was given tenure in 1984. While at Hunter College, Alfred organized study abroad programmes and took students to Barbados, University of the West Indies, Cave Hill Campus, in 1980 and again to the West African countries of Nigeria, Senegal and the Gambia in 1982. From 1992 to 2002, Alfred taught Labour Law, Business Law and Hospitality Law as an adjunct lecturer at the University of the West Indies, Florida International University and Nova Southeastern University. In 1988, Alfred was admitted to practice law in the Bars of New York, New Jersey and the District of Columbia. He was also admitted to the Bars of Jamaica and The Bahamas. Alfred began his legal career as a Court Attorney with Mr. Justice Seymour Schwartz, Civil Court of Manhattan, New York, worked with Mr. Berthan Macaulay, Q.C. in Kingston, Jamaica and Gibson & Co. in Nassau, Bahamas. In 1992, Alfred founded the law firm of Sears & Co. from which he practiced law in The Bahamas, with his wife Marion Bethel, until 2002 when he was appointed to the Cabinet. During this period, Alfred conducted an active practice in commercial, constitutional and labor litigation. He served as Honorary Secretary of the Bahamas Bar Association. Family Alfred is married since 1987 to Marion Bethel, a poet and partner in the law firm of Sears & Co. Alfred is the father of three children, Adelaja, a student at Howard University in Washington, D.C., Ife, a student at the United World College in Swaziland, Southern Africa and Nia, a student at St. Augustine’s College in Nassau. .