~ Says Marina not on French Territory ~

OYSTER POND--Olivier Lange, also known as Captain Oliver, owner and developer of the marina, restaurant, and hotel complex in Oyster Pond, has spoken out for the first time about the border controversy regarding Captain Oliver's Marina and Restaurant, maintaining he has all the proof required to dispute claims by France that the marina is on French territory.

The first document of proof is the 1955 IGN map of the Oyster Pond area, to date the only reference map in the service of the French Kadaster, which indicates that the border passes along the land on the northern shore and shows the water 100 per cent on the Dutch side.

The second document of proof is the permit authorising the building of a marina and restaurant in the waters of the Oyster Pond Lagoon, which also states that "any structure extending from the shoreline will be situated in the territory of the Windward Islands." There are other documents – certificates of admeasurement from the Dutch St. Maarten Kadaster, and notary attestations regarding the 60-year lease on each parcel of water.

Captain Oliver noted that the Assistant Director of French Judicial Affairs at Quai d'Orsay Jean-Francois Dobelle and Dutch counterpart Liesbeth Lijnzaad visited French St. Martin on June 9, 2000 to work on maritime border issues. They acknowledged that the border at Oyster Pond was unresolved, added to the fact that historic documents were open to different interpretations, but said the issue "could be resolved in the future." A future meeting on the issue was promised, but, according to Captain Oliver, no further meeting has ever taken place.

It is not the first time borders have become contentious issues. Among the disputes are: Madagascar's claim to sovereignty of four islands, the Comoros Islands arguing over Mayotte, Suriname disputing the maritime border with French Guiana, and France and Vanuatu at loggerheads over two islands in New Caledonia.

"Thirty years ago I purchased the land on which the hotel stands, but at the time, my intention was simply to construct a small restaurant and marina on piles," Lange says in a release. "I went to see the Sous-Préfet to find out what procedures I had to follow, and was very surprised when he showed me the 1955 map and told me that the border followed the land, and that I must contact the Dutch-side authorities.

"I went to see the Lt. Governor and a Notary in St. Maarten, who in turn directed me to a 'Commissioner' in charge of finance who was very excited about my project and set about getting the necessary authorisations from Curaçao."

He continued: "It was in 1983 that I received permission from Dutch-side authorities to build the marina and restaurant on piles on a Dutch-side parcel of water that bordered my land on the French side. This parcel of water has been registered with the Kadaster and has a 60-year lease. Later in 1988 and in 1996 I expanded the marina, following exactly the same procedures as in 1983 to obtain the necessary authorisations and documents from the Dutch side.

"How is it possible, 30 years later, that the services of the State can tell me the restaurant and marina is located on French territory?" he questioned. "They could have told me that at the Sous-Préfecture in 1982. It would have been simpler for me. I would not have had to create a Dutch-side company, and would not have had to manage an establishment divided into two parts, one on the French side and one on the Dutch side, with two accounting systems and two different judicial systems.

"I have 36 employees for the marina and restaurant and 10 for the hotel. Everything is in order and in keeping with the law. I pay my taxes and duties on the Dutch side for the marina and restaurant and on the French side for the hotel. I find it incredible that there is now a fight over a few thousand metres of water. I completed 29 months of military service in North Africa, fighting to protect Algeria, Tunisia, and Morocco, and was awarded medals. Am I now being asked to fight for a small piece of water?

"I am absolutely shocked by the declaration by high-level French functionaries about the border, and the unilateral decisions made without consulting Dutch-side authorities, or taking into account procedures that have been established for 55 years! This issue will have serious implications on relations between France and Holland, and I don't see how Captain Oliver's Marina can suddenly become French without provoking serious social and economic consequences."