Caribbean Community and the East Caribbean Common Market Act

Link to law: http://laws.gov.ag/acts/chapters/cap-68.pdf
Published: 1981

Caribbean Community and the (CAP. 68 1
East Caribbean Common Market

CHAPTER 68

THE CARIBBEAN COMMUNITYAND THE
EAST CARIBBEAN COMMON MARKET ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Minister may vary and regulate duty.
4. Regulations for determining origin and place of con-

signment of goods.
5. Drawback.
6. Verification of origin of exported goods.
7. Penalty for untrue documents of origin for goods

exported.
8. Application of Act to subsequent agreements.
9. Ratification of the Treaty.

FIRST SCHEDULE.
SECOND SCHEDULE.

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Caribbean Community and the (CAP. 68 3
East Caribbean Common Market

CARIBBEAN COMMUNITY AND THE EAST
CARIBBEAN COMMON MARKET

(4th July, 198 1 .) 511981.

1. This Act may be cited as the Caribbean Communi- Short title.
ty and the East Caribbean Common Market Act, and shall
be read as one with the Eastern Caribbean Common Market
(Ratification of Agreement) Act. Cap. 144.

2. In this Act- Interpretation.
"the Treaty" means the Treaty establishing the Carib-

bean Community signed on the 4th July, 1973, at
Chaguaramas, Trinidad for the establishment of
the Caribbean Community and includes any amen-
ding agreements;

"Community" means the Caribbean Community;
6 < Community origin" means in relation to any goods,

that they were grown, produced or manufactured
in a Community Territory and consigned from a
port or place in such Territory to Antigua and
Barbuda;

"Community rate of duty" means a rate of customs
duty which is applicable to goods on the basis of
their eligibility in that behalf as having been the
produce of, or manufactured in, and consigned
from any of the Community Territories and
includes an exemption so applicable from customs
duty;

"Community Territories" means the Territories
specified in the First Schedule to this Act which First Schedule.
the Minister may by Order published in the Gazette
amend from time to time by adding to or deleting
therefrom any Territory;

"Common Market Agreement" means the agreement
establishing the East Caribbean Common Market
which was signed at Grenada on the 1 lth day of
June, 1968;

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4 CAP. 68) Caribbean Community and the
East Caribbean Common Market

"Common Market" means the East Caribbean Com-
mon Market;

"Common Market Territories" means the States
Second Schedule. specified in the Second Schedule to this Act which

the Governor-General may by Order published in
the Gazette amend from time to time by adding to
or deleting therefrom any Territory;

"Common Market origin" means in relation to goods
that they were grown, produced or manufactured
in and consigned from a place in the Common
Market to Antigua and Barbuda;

"Comptroller" means the Comptroller of Customs and
includes any person acting for or on his behalf;

"Drawback" includes any prescribed remission or
repayment of, or exemption from, duty chargeable
on importation into any Community Territory;

"Less Developed Country" and "LDC's" mean any
Second Schedule. of the Territories set out in the Second Schedule

to this Act together with Belize;

"More Developed Country" and "MDC's" mean the
following Territories - Barbados, Guyana,
Jamaica and Trinidad & Tobago.

"Minister" means the Minister charged with the respon-
sibility for the time being for customs;

Minister may
vary and regulate

3. Notwithstanding any other law to the contrary,
duty. whenever it appears to the Minister that by reason of-

(a) the Treaty entered into with the Governments
of the Community Territories;

(6) The Common Market Agreement entered into
between the Governments of the Territories in the

Second Schedule. Second Schedule,

it is expedient so to do, he may, by Order published in the
Gazette remove, alter, reduce or progressively phase down
import duties imposed under any law on any goods which
are shown to his satisfaction to have been-

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Caribbean Communify and the (CAP. 68 5
East Caribbean Common Market

(i) manufactured in or to have been the produce
of any Community Territory or Common
Market Territory; and

(ii) consigned to Antigua and Barbuda from a
Community Territory or a Common Market
Territory.

4. (1) The Minister may make Regulations to be ~ ! ~ ~ ; ~ g f o ~
published in the Gazette making provision as to the cases in origin
which, in determining eligibility for any Community rate of consignment

of goods. of duty or Common Market rate of duty, as the case may
be, goods are or are not to be treated as being of Communi-
ty origin or of Common Market origin; as to the time by
reference to which, in determining eligibility as aforesaid,
the question whether goods are to be so treated is to be
decided; and as to the evidence which is to be required or
is to be sufficient for the purpose of showing that goods are
or are not to be so treated.

(2) Subject to the provisions of any Regulations made
under this section, where, in connection with eligibility for
a Community rate of duty or a Common Market rate of
duty, any question arises whether goods are of Community
origin or, as the case may be, Common Market origin, the
Comptroller may require the importer of the goods to fur-
nish to him, in such form as he may require, proof of any
statement made to him as to any fact necessary to deter-
mine that question; and if such proof is not furnished to his
satisfaction, the question may be determined without regard
to that statement.

(3) Regulations under this section may make different
provisions for different purposes and in relation to goods
of different descriptions.

(4) For the avoidance of doubt, it is hereby declared
that Regulations under this section may make provision for
determining in what cases produce of the sea, or goods pro-
duced or manufactured therefrom at sea, are to be treated
as of Community origin or Common Market origin.

5 . (1) Notwithstanding anything in any enactment or Drawback.
order to the contrary, goods may, in such circumstances or

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6 CAP. 68) Caribbean Community and the
East Caribbean Common Market

subject to such limitations as may be prescribed, be treated
as not eligible for Community rate of duty or Common
Market rate of duty on importation into Antigua and Bar-
buda if-

(a) drawback was allowable, in connection with any
exportation from any Community Territory or, as the
case may be, Common Market Territory of the goods
or of articles used in the production or manufacture of
the goods, and

(6) the Comptroller is not satisfied that the
drawback.has not been and will not be allowed.

(2) Where on importation into Antigua and Barbuda
goods have been treated as eligible for Community rate of
duty or Common Market rate of duty, and after their
importation drawback allowable as aforesaid is allowed, the
Comptroller may, in such circumstances as may be prescrib-
ed, recover from the importer the additional amount of duty
which would have been chargeable on the importation of
the goods if they had not been so treated.

Verification of
origin of

6. (1) For the purposes of complying with any request
exported goods. made to the Comptroller or any other Government depart-

ment under arrangements made for the purposes of the Trea-
ty or the Common Market Agreement or is otherwise in-
cidental to the carrying out thereof, to verify or investigate
any certificate or other evidence relevant to the question
whether any goods exported from, or produced or manufac-
tured (directly or indirectly) from goods exported from An-
tigua and Barbuda are eligible in any other Community Ter-
ritory or Common Market Territory for Community rate
of duty or, as the case may be, Common Market rate of
duty, the Comptroller may carry out such investigations,
and may make to the Government or authority making the
request such report, or provide them with such information,
as appear to the Comptroller requisite; and the Comptroller
may require-

(a) the exporter; or

(b) any other person appearing to the Comptroller
to have been concerned with the goods, or any goods
from which, directly or indirectly, they have been pro-
duced or manufactured (whether he was concerned with

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Caribbean Community and the (CAP. 68 7
East Caribbean Common Market

them as respects growth, production, manufacture or
handling or in any other way); or

(c) any other person appearing to the Comptroller
to have been concerned in the giving of the certificate
or evidence,

to furnish such information in such form and within such
time as the Comptroller may specify in the requirement.

(2) Any reference in the foregoing subsection to the fur-
nishing of information includes a reference to the produc-
tion of invoices, bills of lading and other books or documents
whatsoever, and to allowing the Comptroller to inspect them
and to take copies thereof or extracts therefrom.

(3) Any person who without reasonable cause fails to
comply with a requirement under this section shall be guilty
of an offence and liable on summary conviction to a fine
of one thousand dollars.

(4) An averment in any process in proceedings under
this section that any requirement to furnish information which
has been made was made for the purpose specified in subsec-
tion (1) of this section shall until the contrary is proved, be
sufficient evidence that the requirement was so made.

7. Any person who in Antigua and Barbuda makes Penalty for
untrue documents or signs, or causes to be made or signed, any document of origin for

relating to goods exported or to be exported from Antigua goods exported.
and Barbuda which is untrue in a material particular, being
a document made for production in support of a claim that
the goods, or any goods produced or manufactured, or to
be produced or manufactured, from the goods, are eligible
in any Community Territory or Common Market Territory
for a Community rate of duty or, as the case may be, a Com-
mon Market rate of duty, shall be guilty of an offence and
liable on summary conviction to a fine of four thousand
dollars.

8. (1) If it appears to the Governor-General that by 2p:,"",'Zezent
reason of any agreement with respect to trade made after a~eements .
the coming into force of this Act between all or any of the
Community Territories or all or any of the Common Market
Territories, or between all or any of these Territories and

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8 CAP. 68) Caribbean Community and the
East Caribbean Common Market

Ratification of
the Treaty.

any other country, it is expedient so to do, the Governor-
General may by Order published in'thelGazette,direct that this
Act shall have effect with such adaptation or modifications
of any reference to the Treaty, Community Territories, Com-
munity rate of duty or, as the case may be, Common Market
Agreement Territories or Common Market rate of duty, as
may be specified in the Order.

The Treaty is hereby ratified.

FIRST SCHEDULE

Member Territories of The Can'bbean Community

Anguilla

Antigua and Barbuda

Barbados

Belize

Dominica

Grenada

Guyana

Jamaica

Montserrat

St. Kitts-Nevis

Saint Lucia

Saint Vincent and the Grenadines

Trinidad and Tobago

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Caribbean Community and the (CAP. 68 9
East Caribbean Common Market

SECOND SCHEDULE

Member Territories of The East Caribbean Common Market

Anguilla

Antigua and Barbuda

Dominica

Grenada

Montserrat

St. Kitts-Nevis

Saint Lucia

Saint Vincent and the Grenadines
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