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Building Grenada's capacity to manage investment initiatives

The Government of Grenada requested technical assistance to build capacity to effectively lead and manage current and future investment initiatives.
Country: Grenada
Host: Attorney General's Office
Start date: 21/4/2012
End date: 21/4/2016
Policy area: Rule of Law
Policy expert: Steven Malby
Project manager: Pauline Campbell
Background

With a tourism based economy, the Government of Grenada (GOG) continues to pursue investments that creates sustainable development and employment for its citizens. As a consequence, the GoG continues to attract the interest of regional and international investors, quite a few of whom seek to engage in discussions and negotiations towards securing large scale development projects and loans to finance these proposed investments.

In the past errors were made that caused additional challenges and costs to the Government of Grenada. Invariably, investors approached the Government with attractive proposals. Prepared plans, agreements, MOUs and contracts were presented to the Government and on face value, most were accepted, albeit without in-depth analysis or legal due-diligence. Being cognisant of past problems, the current administration has taken a cautious approach to entering into commercial investment agreements.

The work of the Attorney General’s Office involves the provision of advice and representation in complex legal matters. Some examples of these include: cross border transactions usually requiring negotiations between the government and foreign investors; negotiating terms of investment and advising on large scale commercial transactions; property transactions; the examination of trademarks which need to be re-registered in Grenada; and, the drafting of legislation on behalf of governments.

The challenges that the Government of Grenada and specifically, the Attorney General’s Office faced were:

  • Limited human resources capacity to undertake effective assessment and analysis of existing and incoming investment proposals.
  • Inadequate negotiation capacity to engage with large scale development partners.
  • The absence of sound legal and commercial advice.
  • Absence of appropriate legal and economic appraisals on the findings and analysis of investment proposals.
  • Inadequate legal and commercial expertise to oversee legal issues arising from contracts and dispute settlements.
Goal

This project will build the institutional capacity within the Attorney General's (AG) Office to effectively lead and manage current and future investment initiatives, and enable GoG to be better positioned to negotiate and conclude development proposals which foster greater economic growth and development for the country.    

Impact

This project directly benefitted the Attorney General’s Office as outstanding legal cases were settled and capacity was built amount the legal and technical staff, which resulted in positive effects on the tourism industry, construction and other related sectors.

Ultimately the government, private sector and people of Grenada as a whole will continue to benefit from the project given the anticipated positive impact in the tourism industry, leading to employment opportunities across all sectors and ultimate poverty reduction.

Outputs

The objectives of this project have been fully achieved. 

  • The work of building the institutional capacity within the AG’s Office to effectively lead and manage current and future investment initiatives has been achieved in full with two understudies identified, assigned and engaged in ongoing matters and exposed to complex legal issues, commercial and investment matters and transaction management. 
  • The Government is now better positioned to negotiate and conclude development and investment proposals. The project has brought depth to the negotiation and conclusion of investment and development proposals. 
  • The Attorney General’s Office is now directly responsible for the vetting, negotiation and approval of all investment proposals and draft agreements.
  • There has been heightened emphasis on due process during the period 2013 to present by the Prime Minister and Cabinet.
  • Successes and achievements most notably are the shift in behaviour and attitudes at the highest level of Government and across the board.
  • The expert provided much needed senior interface with the IMF and World Bank regarding the Home-grown Programme thus facilitating the drawdown of funding.
  • The project ensured IMF proposals were relevant and sustainable for economic growth and development for Grenada.  
  • Investment of US$2 billion in the tourism sector has been secured through investment agreements with Sandals, Silver Sands, and Mount Hartman Estates.