The Washington DC public relations firm which was hired by Nazar `Shell’ Mohamed to clear his name had also been in the employ of the Guyana Government but Georgetown has since terminated the arrangement.
Public relations and lobbying firm, Barbour Griffith & Rogers (BGR) was hired on April 6, 2022 by the PPP/C government and paid a retainer fee of US$35,000 monthly, according to documents seen by Stabroek News.
Under the United States Department of Justice (US DOJ), BRG had declared, as is required by that country under its Foreign Agents Registration Act (FARA), that it would be working for a foreign government – the Government of Guyana at a cost of US$35,000 per month.
“Following are the terms and conditions of the agreement between the Government of the Cooperative Republic of Guyana (hereinafter referred to as the Client*) and BGR Group.1. Services: As permitted by applicable United States laws and regulations, BGR Group shall provide the Government of the Cooperative Republic of Guyana with strategic advice and counsel which aims to support their business lines and projects as instructed by the Client,” the agreement attached to the application stated.
“Fees: For all public affairs services rendered by the firm, the Client shall pay BGR Group a monthly fee of thirty-five thousand United States dollars (US$35,000). The first month’s retainer payment is due upon execution of this agreement and BGR Group will not commence its services until that payment is received. Payment information will be included on all BGR invoices provided,” it added.
The registration application document stated that “the nature and method of performance of the contract will include strategic guidance and counsel with regard to government affairs activity within the U.S. This may include relevant outreach to US. Govern-ment officials, non-government organizations, and other individuals within the US. Additionally, it may include dissemination of informational materials.”
Termination
Sources told the Stabroek News that when the company was hired it was on the condition that it would not represent other clients here. Sources also said that in October of last year, after learning that BRG was also undertaking work for Nazar Mohamed, government officials had reproached the company.
When work continued, government used the agreement’s exit clause and at the beginning of March informed BRG that it would not be renewing the contract.
Mohamed had told Stabroek News that he secured the Washington DC public relations and lobbying firm, to investigate why he has been blocked for more than a decade from securing a US non-immigrant visa. BRG would have had to have made a separate declaration under FARA in relation to the work that it was doing for Mohamed. Stabroek News has been unable to find a declaration to that effect.
Lead investigator and retired Federal Bureau of Investigation (FBI) Acting Assistant Director of its Inspection Division, Tom Locke, told this newspaper in an interview in Georgetown on Tuesday that at the behest of Mohamed, a report was submitted to the US State Department and the US Embassy in Guyana, and Locke says he believes that Mohamed will get his visa back.
BRG’s website informed that it has offices in Washington, Austin, and London, and extensive business relationships around the world. “The bipartisan firm’s clients include Fortune 500 companies, foreign governments, trade associations, non-profit organizations, academic institutions, hospitals and coalitions. When executives, industry representatives and government leaders seek strategic partners for their most important challenges, they turn to a trusted partner: BGR,” the website states.
FARA mandates the registration of, and disclosures by, “agent of a foreign principal” who, either directly or through another person, within the United States (1) engages in “political activities” on behalf of a foreign principal; (2) acts as a foreign principal’s public relations counsel, publicity agent, information-service employee, or political consultant; (3) solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest of a foreign principal; or (4) represents the interests of the foreign principal before any agency or official of the U.S. government. “
“In addition, FARA requires agents to conspicuously label `informational materials’ transmitted in the United States for or in the interest of a foreign principal. There are some exemptions to FARA’s registration and labeling requirements for specified categories of agents and activities.”
On the 14th of April 2022, the BGR Group made their filing with the DOJ that they would be providing government relations services to the GOG and that the date of agreement was from the 6th of April, 2022.
Engage
Former Prime Minister and current Ambassador to U.S. Samuel Hinds was listed as the official with whom BGR engages.
However, the contract agreement was signed by Ministry of Foreign Affairs Director General Ambassador Elisabeth Harper.
Terms of the agreement states that as it relates to administrative fees, in addition to the monthly retainer fee, “BGR Group shall: assess the Client a 3% administrative fee to cover general expenses such as local travel, long distance telephone charges, usage of BGR Group’s knowledge and technology resources and usage of the Group’s subscriptions to news and business information resources. Other preapproved out-of-pocket expenses such as international or long-distance travel (including meals and accommodations), international wire fees, international conference calls courier, shipping and the like are billed to the Client, at cost, as incurred. BGR Group reserves the right to require prepayment for significant expenses prior to those costs being incurred”.
Litigation
And if litigation or other proceedings arise regarding services performed by BGR Group for Guyana under the agreement, and BGR Group is subpoenaed or otherwise requested to testify, disclose documents and materials, or otherwise participate in the proceeding, the government of Guyana will have to pay those costs.
“The Client shall pay for BR Group’s reasonable legal fees and costs. This obligation is limited to litigation or other proceedings where Guyana is a named party to the litigation or other proceedings, and BR Group is not a named party,” the agreement states.
And on the termination or expiration of the agreement, the document states, “Entire Agreement: This agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior written and oral and all contemporaneous oral agreements and understandings with respect to its subject matter. 12. Modifications and Amendments: No purported modification of or amendment to this agreement is effective unless it is in writing and signed by or on behalf of the parties.13. Assign-ment: A party’s attempted assignment of this agreement, whether directly, by change in control, or by operation of law, is ineffective unless effected with the other party’s written consent”.
