Page 13 - Pakistan Link - May 28, 2021

PAKISTAN MAY 28, 2021 – PAKISTAN LINK – P13
British Virgin Islands Court Unfreezes No Bases to Be Allowed in

PIA Assets in Reko Diq Award Case Country, Says FM Qureshi

Islamabad: The High Court of Islamabad: Pakistan on Tuesday
Justice in the British Virgin Islands ruled out the possibility of providing
(BVI) on Tuesday ruled in favor of its military bases to the United States
Pakistan in a case initiated by Tethy- for counterterrorism operations in
an Copper Company (TCC) for at- Afghanistan.
tachment of assets belonging to the Foreign Minister Shah Mah-
Pakistan International Airlines In- mood Qureshi used the opportu-
vestment Ltd (PIAIL), including ho- nity of winding up a discussion on
tels in New York and Paris, as part of “Israel’s systematic assault against

its efforts for the enforcement of the Palestinian worshippers in Harm-al-
Reko Diq award. Sharif (Al Aqsa mosque) during the
“Pakistan has won the BVI holy month of Ramadan” to reject as

case initiated by TCC to enforce unfounded the reports to this effect
the ICSID [International Centre for and made it clear that the govern-
Settlement of Investment Disputes] ment would never provide military
award,” stated the International bases to the US, nor would allow
Disputes Unit (IDU) housed inside drone attacks inside Pakistan.

the Attorney General Office within The remarks came following
the premises of the Supreme Court US President Joe Biden administra-
of Pakistan, adding that all ex-parte tion’s acknowledgement that it was
orders obtained by the TCC earlier in talks with several Central Asian
had been set aside. neighbors of Afghanistan to exam- with the victims of aggression and
The TCC had initiated the case ine where it can reposition troops are very clear, this is not a conflict.

for the enforcement of the July 12, to prevent the landlocked country This is a one-sided war,” the resolu-
2019, $5.97 billion award against from once again becoming a terror- tion reads.
Pakistan by the ICSID in the Reko ist base for groups like Al Qaeda. It also called for establishment

Diq litigation. But US officials have not named of an international independent pro-

“A short while ago judge- Pakistan, which shares a nearly tection mechanism for the Palestin-
ment was announced by BVI High 2,600km border with Afghanistan, ian people.
Court,” Attorney General for Paki- nor have they commented on media Two Ex-PIA
stan Khalid Jawed Khan said while speculation that the subject of mili-
talking to Dawn, adding that it was tary bases may be under bilateral Chairmen, Former
a great legal victory for Pakistan as discussions.

well as the Pakistan International “Justice prevails!” said PIA in a tweet after the verdict became public. “By the The foreign minister’s remarks CEO Booked for

Airlines (PIA). Grace of Allah and with the prayers of all our countrymen, courts in BVI decide also came after a Pentagon official

The AGP said all the orders in favor of PIA, releasing all hard-earned assets i.e., Roosevelt NYC & Scribe said Pakistan had allowed the US Causing Loss of

earlier passed against PIAIL — a Paris. Great victory for PIA and Pakistan. We won this together!” military to use its airspace and given
company which is also incorporat- it ground access so that it could sup- Rs1.25 Billion
ed in the British Virgin Islands — communicated to Pakistan on Dec a formula for calculating damages port its presence in Afghanistan.
had now been recalled by the BVI 23, 2020. for the cancelled lease based on David F. Helvey, Assistant Sec-

High Court, adding that it had also At the time, the AGP office the assumed profits Tethyan might retary of Defense for Indo-Pacific

removed the receiver appointed for had said Pakistan would vigor- have earned from the mine over Affairs, told the US Senate Armed
the Roosevelt Hotel, New York, and ously pursue proceedings initiated 56 years. In July 2019, the tribu- Services Committee last week that
the Scribe Hotel, Paris. The cost of by TCC in any jurisdiction and nal slapped a $5.97 billion award the US would continue its conver-

litigation was also awarded. that the government reaffirmed its against Pakistan for denying the sation with Pakistan because it had
On December 16, 2020, the commitment to protecting national mining lease to the company. a critical role in restoring peace to

BVI High Court through an ex- assets wherever they might be lo- The fine, including the dam- Afghanistan.
parte order had attached the assets cated. ages award and interest, is equal Foreign Minister Qureshi,
belonging to the Pakistan Interna- to about two per cent of Pakistan’s while responding to the concern of
tional Airlines Investment Limited, What is the Reko Diq dispute? GDP. a lawmaker that if a civil war broke

including the company’s interests TCC is a 50-50 joint venture Immediately thereafter, the out in Afghanistan after US pull- Karachi: The Federal Investigation

in the Roosevelt Hotel in Manhat- of Barrick Gold Corporation of TCC had commenced proceed- out it would have implications for Agency (FIA) on Monday reg-
tan, New York, and Scribe Hotel in Australia and Antofagasta PLC of ings for enforcement of the award. Pakistan, said the country favored istered a case against two former
central Paris as well as frozen 40 Chile. The Reko Diq district in the In November 2019, Pakistan had a responsible, orderly withdrawal. chairmen of Pakistan International

per cent interest of PIA in a third southwest of Balochistan is famed challenged the award and initiated “Because what we were fearing and Airlines (PIA), a former acting CEO,
entity, Minhal Incorporated. The for its mineral wealth, including proceedings seeking its annulment. we still fear and are concerned that a and arrested a former director of the

BVI court in its Dec 16 order had gold and copper. In March 2020, the AGP office vacuum created in Afghanistan can national airline on charges of caus-

also appointed the receiver on an The ICSID tribunal had tak- announced that it had filed a re- drag or suck the country back into ing losses of over Rs1 billion to the

interim basis. en up the dispute between Paki- quest on November 8, 2019, for the the decade of 1990s. There could exchequer.

The IDU said the BVI High stan and the TCC after the latter annulment of the award rendered be anarchy, and, God forbid, a civil FIA Sindh Director Amir Fa-

Court had ruled that it had no ju- claimed $8.5bn when the mining by the ICSID on July 12, 2019. war,” he said. rooqi told Dawn the investigative
risdiction to decide the matter and authority of Balochistan rejected Alongside the plea for annul- About the Palestine issue, the body had registered a case against

the receiver appointed had been its application for a multi-million ment, Pakistan had also requested foreign minister said the first goal PIA ex-chairmen Nasser Jaffer and
discharged with immediate effect. dollar mining lease in the province a provisional stay on the enforce- of ceasefire had been achieved, but Irfan Elahi and former acting CEO

Prime Minister Imran Khan in 2011. ment of the award issued against this was not the solution. He said Bernd Hildenbrand and also de-
has also appreciated and lauded the According to details available the country on November 18, 2019. the United Nations secretary general tained former director engineering

efforts of the IDU and the office of on Tethyan’s website, the Reko Diq Pakistan was granted the pro- had been asked to play a role in re- Maqsood Ahmed.

the AGP that helped in securing a Mining Project was to build and visional stay upon initiating an- vival of the peace process. He said a “They caused loss of Rs1.25bn

great victory for Pakistan, the IDU operate a world class copper-gold nulment proceedings after which permanent solution to the problem and made advance payments for up-
said. open-pit mine at a cost of about a hearing to confirm the stay order was sine qua non for durable peace gradation of business class seats and

It said that the provisional $3.3 billion. The company says its took place over ‘video link’ in April in the Middle East. He said the US entertainment system in years 2014-

charging order against PIA’s com- 1998 agreement with the Balo- last year. On September 16, 2020, should also play its diplomatic role 16,” the official said. “The seats were

panies was also set aside entirely, chistan government entitled it to the tribunal finally ruled in favor in this regard. never replaced and the system never
while TCC was ordered to pay costs the mining lease, subject only to of Pakistan, confirming the stay on Mr Qureshi said the president installed.”

of the present proceedings. Thus routine government requirements. the enforcement of the award. of the UN General Assembly would The case has been registered

the “attempt to steal Roosevelt and The project stalled in Novem- However, on November 20, arrive in Pakistan on Thursday on a under sections 409 (criminal breach

Scribe hotels has been frustrated”, ber 2011 after the application was 2020, the company moved a sepa- visit on his invitation. of trust by public servant), 420

the IDU said. rejected. Pakistani officials say the rate case in the BVI High Court The house unanimously ad- (cheating and dishonestly inducing

“Justice prevails!” said PIA in mining lease was terminated by the for the enforcement of the award opted a resolution condemning the delivery of property), 109 (punish-

a tweet after the verdict became government because it was secured which included attachment of the unprovoked war of aggression un- ment for abetment) and 34 (com-
public. “By the Grace of Allah and in a non-transparent manner. assets belonging to Pakistan Inter- leashed by Israel against defenseless mon intention) of the Pakistan Penal
with the prayers of all our country- By then, the company had in- national Airlines Investment Ltd, Palestinians in occupied territories. Code (PPC) and section 5 (2) of the

men, courts in BVI decide in favor vested $220 million in Reko Dig. a final decision on which came out “The Senate of Pakistan also Prevention of Corruption Act, 1947.

of PIA, releasing all hard-earned The mining company sought help today in Pakistan’s favor. expresses its deep resentment at the According to official docu-

assets i.e., Roosevelt NYC & Scribe from the World Bank arbitra- The ICSID is still considering hypocrisy and double standards of ments seen by Dawn, the FIA ini-
Paris. Great victory for PIA and tion tribunal in 2012, and it ruled Pakistan’s appeal against the pen- various countries whose condemna- tiated an inquiry into PIA’s state of
Pakistan. We won this together!” against Pakistan in 2017, rejecting alty over its decision to cancel the tion is missing, but which still talk affairs under the directions of the

Information about the attach- an earlier decision by the Supreme Reko Diq mining lease for the TTC of human rights, despite being com- Supreme Court, which had ordered

ment proceedings and the earlier Court. and a final hearing will take place plicit with the aggressor. We reject a special audit of the airline in 2018.
order of the BVI High Court was The tribunal then opted to use in 2021. any attempt to equate the aggressor PIA, P28

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