No. 9 of 2004. The Caribbean Community Act, 2004. 1 ANTIGUA
James B. Carlisle,
ANTIGUA AND BARBUDA
AN ACT to give effect to the Revised Treaty of Chaguarainas
Establishing the Caribbean Community Including the
CARICOM Single Market and Economy and for related mat-
[Published in the Oficial Gazette Vol. XYIV
No. 72 dated 14th October, 2004. ]
ENACTED by the Parliament of Antigua and Barbuda as fol-
1. This Act may be cited as the Caribbean Community Act, short t ~ t ~ e and
2004 and shall come into operation on such date as the Minister commencement.
may, by notice published in the Gazette, appoint.
2. In this Act, unless the context otherwise requires - Interpretation.
"Community" means the Caribbean Community established
by Article 2 of the Treaty;
"Minister" means the Minister responsible for Caribbean
"Treaty" means the Revised Treaty of Chaguaramas Es-
tablishing the Caribbean Community Including the
ANTIGUA 2 The Caribbean Community Act, 2004. No. 9 of 2004.
CARICOM Single Market and Economy signed in the Ba-
hamas on the 5th day of July, 2001.
Treaty to have 3. Subject to this Act, the Treaty, the text of which is set out
force of law. in the Schedule, shall have the force of law.
Juridical personal- 4. In addition to the full juridical personality of the Commu-
ity and legal nity referred to in Article 228 of the Treaty, the Community shall
capacity of have full legal capacity -
(a) to enter into contracts;
(b) to acquire, hold and dispose of movable and im-
(c) to sue and to be sued; and
(d) subject to this Act, to perform all such acts zs bod-
ies corporate may, by law, perform.
Irnplementat~on 5. (1) The Minister shall take the necessary steps to ensure
of Treaty. that the Government takes appropriate measures, including mea-
sures of a legislative, executive or administrative nature, for fa-
cilitating the exercise of rights and privileges and for the imple-
mentation of obligations provided for in, or arising from, the
(2) For the parposes of subsection (I), "rights", "privileges"
and "obligations" mean the rights, privileges and obligations of
the Government and of persons, whether natural or juridical.
Financial matters. 6 . (1) All sums required to be paid by the Government for the
purpose of meeting its obligations under the Treaty shall be
charged on and paid out of the Consolidated Fund.
(2) All sums received by the Government under or by virtue
of the Treaty shall be paid into the Consolidated Fund.
Ev~dence of 7. (1) Evidence of any instrument made under the authority
certain dOcu- of the Treaty or of any judgment or order of the Caribbean Court
ments. of Justice or of any document in the custody of the Secretariat
of the Community, or any entry in or extract from such a docu-
ment, may be given in any legal proceedings by the production
No. 9 of 2004. The Caribbean Community Act, 2004. 3 ANTIGUA
of a copy certified as a true copy by the Secretary-General of the
Community; and any document purporting to be such a copy
shall be received in evidence without proof of the official posi-
tion or handwriting of the person signing the certificate.
(2) Where an instrument made under the authority of the
Treaty is in the custody of a department of Government, evi-
dence of the instrument may also be given in any legal proceed-
ings by the production of a copy certified as a hue copy by an
officer of the department concerned and generally or specially
authorized so to do; and any document purporting to be a copy
of an instrument in the custody of the department shall be re-
ceived in evidence without proof of the official position or hand-
writing of the person signing the certificate or of his authority to
do so or of the document being in the custody of the department
8. (1) Where the Treaty is amended in accordance with Ar- Notification of
ticle 2?$6 of the Treaty, the Minister shall publish the amendment amendments to
by Notice in the Gazette. Treaty.
(2) Pursuant to any amendment to the Treaty, the Minister
may make an Order, to be p~blished in the Gazette, containing
such consequential or ancillary provisions (including provisions
amending this Act) as appear to the Minister to be necessary or
expedient for the purpose of giving effect to the amendment.
(3) Where the Treaty is amended and a notice under subsec-
tion (I) to that effect is published in the Gazette, the Schedule
and any reference to the Treaty in this Act or in any other law or
in any instrument shall, unless the context otherwise requires, be
construed as a reference to the Treaty as so amended.
Passed the House of Representatives Passed the Senate this 3rd day
this 26th day of August, 2004. of September, 2004.
D. Giselle Isaac-Arrindell,
Edniond A. Mansoor,
Y. Henry, Y. Henry,
Acting Clerk to the House of Representatives. Acting Clerk to the Senate.
ANTIGUA 4 The Caribbean Community Act, 2004. No. 9 of 2004.
THE TREATY OF CHAGUARAMAS ESTABLISHING
THE CARIBBEAN COMMUNITY INCLUDING
THE CARIBBEAN SINGLE MARKET AND ECONOMY
[ See S.I. No. 38 of 2003 published in Extraordinary Gazette
No. 77 dated 31st December, 2003.1
Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer
-By Authority, 2004.
800-10.04 [ Price $2.25 ]