News from St.Martin | 2008
     

ST.MARTIN & ST.MAARTEN 2008



Foreign directors are being discriminated against ?



Foreign directors in St.Maarten


A foreign businessman resident on St.Maarten with a legally registered business on the Dutch side has criticized what he views as a flawed bureaucracy that discriminates against foreign directors who are not nationals of European Union (EU) member countries, particularly when it comes to traveling to Europe.

The businessman, who preferred to remain anonymous and who is not an EU national, questioned why foreign directors who are residents of the Dutch side have to apply for visas when traveling to Europe when technically the Dutch side is part of Holland, even if the Netherlands Antilles is not part of the 27 EU member states.

"What does it mean when after so many years you can apply for a Dutch passport here? What does it mean when the Dutch queen visits St. Maarten with all the pomp and ceremony? Doesn't that mean we belong to Holland?" he asked.

He said at a time when treaties were being worked out on immigration and joint cooperation, these issues needed to be addressed and clarified."Foreigners who have businesses on the Dutch side cannot run their businesses on the French side without applying for an affiliation and the whole run-around of getting residency, but foreigners on the French side can open their businesses on the Dutch side with a Carte de Sejour," he added.

"That's discrimination. Foreigners who are residents on the Dutch side cannot even land at the French side airport in Grand Case. That's a shame," he added. "We live here, open businesses, contribute to the economy, pay taxes, and have large expenses, but cannot even go to St. Barths for a weekend with our family, or anywhere else.

Why, because we do not belong to Europe? It's not right. I'm a resident but I still feel like I'm in prison." Foreign directors with permanent residency on the Dutch side should be allowed to visit Europe using their residency, he argued, in the same way on the French side persons with the Carte de Sejour are allowed to go to Europe.

"Permanent residents who own businesses in the Netherlands Antilles should be allowed to go to Europe without applying for visas, and without facing barriers and discrimination," he said. "I'm sure foreign business owners are employing mostly Dutch citizens. How can I be a boss of my own company and I cannot visit my own country freely?"

He added that when applying for the Schengen visa or Outre-Mer visa, a foreign director has to show proof that medical insurance is valid for France.

"The French consulate does not recognize SVB. It also asks for proof of the plane ticket and hotel reservations etc. To me that is an insult to business owners who are legal and paying all their taxes." The businessman said he was talking on behalf of all non-EU foreign business owners and emphasized that foreign investment has made this island what it is today. "The Turkish, Syrian, Lebanese, Palestinians, for example, have brought millions of dollars of investment to this island."

He said with restrictions as they are, foreign business owners simply cannot travel freely to neighboring islands, or travel to Europe freely on business to generate income for the island's economy, which indirectly benefits Holland.