Caribbean Court of Justice (Amendment) Act

Link to law: http://laws.gov.ag/acts/2005/a2005-10.pdf
Published: 2005

The Caribbean Court of Justice Act
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No. 10 of 2005. The Caribbean Court of Justice
(Amendment) Act, 2005.

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Short title.

Addition of
section 9 Act No.
10 of 2004.

“Notification of
amendments to
Treaty and related
instruments.

ANTIGUA AND BARBUDA

No. 10 of 2005

AN ACT to amend the Caribbean Court of Justice Act

[ Published in the Official Gazette Vol. XXV
No. 57 dated 15th September, 2005 ]

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. This Act may be cited as the Caribbean Court of Justice
(Amendment) Act, 2005.

2. The Caribbean Court of Justice Act, 2004 is amended by the
addition of the following section immediately after section 8:

9(1) In this section, “related instrument”
includes any of the instruments set out in the
Schedule and any other instrument, to which
Antigua and Barbuda is a party, relating to
the Caribbean Court of Justice.

(2) Where the Agreement or a related in-
strument is amended, the Minister shall pub-
lish the amendment by Notice in the Gazette.

(3)Pursuant to any amendment to the
Agreement or related instrument, the Minis-

[ L.S. ]
I Assent,

James B. Carlisle,
Governor-General.

13th September, 2005.

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FOURTH SCHEDULE

REVISED AGREEMENT ESTABLISHING THE

CARIBBEAN COURT OF JUSTICE TRUST FUND

The Parties to the Agreement Establishing the Caribbean Court of Justice:

Cognisant that the Court is indispensable for the good governance of the Carib-
bean Community;

Recognising the critical role of the Court in the efficient administration of Justice in
the territories of the Contracting Parties to the Agreement establishing the Court;

Recognising further that the Court is vital for the structured and efficient function-
ing of the CARICOM Single Market and Economy;

Noting the provisions of Article XXVIII of the Agreement establishing the Court
which requires the expenses of the Court and the Commission to be borne by the
Contracting Parties to the Agreement establishing the Court;

Conscious that the financial viability of the Court is essential for its efficiency,
effectiveness and independence in the performance of its functions;

Repeal and
substitution of
Fourth Schedule.

ter may make an Order, to be published in the
Gazette, containing such consequential or an-
cillary 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.

(4) Where the Agreement or a related instrument is amended
and a notice under subsection (2) to that effect is published in
the Gazette, the Agreement or related instrument and any refer-
ence thereto 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 Agreement or the related instrument.

(5) This section applies to an amendment made before or after
the commencement of this Act.”

3. The Fourth Schedule to the Caribbean Court of Justice Act,
2004 is repealed and the following Schedule substituted:

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Bearing in mind the decision of the Twenty-Third Meeting of the Conference of
Heads of Government of the Caribbean Community concerning the capital and
recurrent expenditures of the Court;

Determined to promote and safeguard the independence, integrity and credibility
of the Court,

Have agreed as follows:

ARTICLE I

INTERPRETATION

1. In this Agreement unless the context otherwise requires:

“Board” means the Board of Trustees of the Fund;

“Commission” means the Regional Judicial and Legal Services Commission
established under Article V of the Agreement Establishing the Caribbean
Court of Justice;

“Court” means the Caribbean Court of Justice established under Article III
of the Agreement Establishing the Caribbean Court of Justice;

“Fund” means the Caribbean Court of Justice Trust Fund established by
Article II of this Agreement;

“Member” means a Contracting Party to the Agreement Establishing the
Caribbean Court of Justice and in relation to which this Agreement is in force;
and

“Secretary-General” means the Secretary-General of the Caribbean Com-
munity.

ARTICLE II

ESTABLISHMENT OF THE CARIBBEAN
COURT OF JUSTICE TRUST FUND

The Caribbean Court of Justice Trust Fund is hereby established.

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ARTICLE III

PURPOSE OF FUND

The purposes of the Fund shall be to provide the resources necessary to finance
the biennial capital and operating budget of the Court and the Commission in
perpetuity.

ARTICLE IV

RESOURCES OF THE FUND

1. The resources of the Fund shall consist of:

(a) the contributions of Members;

(b) income derived from operations of the Fund or otherwise accruing to
the Fund; and

(c) contributions of third parties being contributions which are not likely
to prejudice the independence or integrity of the Court.

2. The Fund shall not solicit nor accept any grant, gift or other material benefit
from any source except with the consent of all the Members.

3. A State or Territory listed in the Annex to this Agreement:

(a) which is a Member on the date this Agreement enters into force; or

(b) which accedes to this Agreement within such period as may be deter-
mined by the Members,

shall, contribute or cause to be contributed to the Fund the amount of the initial
capital of the Fund represented by the scale of contributions set out in the Annex.

4. A State or Territory acceding to this Agreement, other than a State or Territory
to which paragraph 3(b) applies, shall make contributions to the Fund in accor-
dance with the provisions set out in its instrument of accession.

5. The Board shall review the adequacy of the resources of the Fund, not later
than two years after the entry into force of this Agreement and thereafter at least
once within every succeeding biennium.

6. The Board shall communicate the results of the review to the Members.

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7. Where upon such a review an inadequacy in resources is found to exist, the
Members shall make additional contributions in the proportions reflected in the
Annex to this Agreement.

8. Contributions of Members shall be made for the purpose of the Fund without
restriction as to use.

9. Financing from the Fund shall be governed by considerations of economy,
efficiency and cost effectiveness and the need to safeguard the independence and
sustainability of the Court and the Commission.

ARTICLE V

STRUCTURE OF THE FUND

The Fund shall have a Board of Trustees

ARTICLE VI

COMPOSITION OF THE BOARD OF TRUSTEES

1. Subject to the provisions of this Article, the Board of Trustees shall consist of
the following or their nominees:

(a) the Secretary-General;

(b) The Vice-Chancellor of the University of the West Indies;

(c) The President of the Insurance Association of the Caribbean;

(d) The Chairman of the Association of Indigenous Banks of the Carib-
bean;

(e) The President of the Caribbean Institute of Chartered Accountants;

(f) The President of the Organisation of Commonwealth Caribbean Bar
Associations;

(g) The Chairman of the Conference of Heads of the Judiciary of Member
States of the Caribbean Community;

(h) The President of the Caribbean Association of Industry and Commerce;
and

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(i) The President of the Caribbean Congress of Labour.

2. There shall be a Chairman and Vice-Chairman of the Board elected by the
Board from among its members. The Chairman and Vice-Chairman shall hold office
for a period of three years.

3. Where a trustee —

(a) resigns or dies;

(b) becomes bankrupt or otherwise insolvent;

(c) becomes unwilling or refuses to serve as a trustee;

(d) is convicted of an offence involving dishonesty; or

(e) in the unanimous opinion of the other members of the Board, becomes
unfit or incapable to act as such,

the competent institution shall nominate a person of comparable status or experi-
ence to act in place of that trustee.

4. Where an institution fails to nominate a trustee in accordance with paragraph
3 or an institution mentioned in paragraph 1 ceases to exist, the Secretary-General
may designate a person or persons, as the case may require, to act as a trustee.

5. Where more than three designations by the Secretary-General are required to
make up the full complement of the Board of Trustees, the Members may, by con-
sensus, propose an amendment to the Agreement in accordance with Article XIII.

6. A trustee may resign by transmitting a written notice in that behalf to the
Chairman of the Board. Where the Chairman wishes to resign from the office of
Chairman or Trustee, such notice shall be transmitted to the Vice-Chairman of the
Board.

ARTICLE VII

FUNCTIONS OF THE BOARD

The Board shall be responsible for directing the operations of the Fund, and, for
this purpose shall, in particular, exercise the following functions:

(a) evaluate the performance of the Fund;

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(b) establish with the approval of the Members guidelines for prudential
investment of the resources of the Fund;

(c) establish with the approval of the Members the financial regulations of
the Fund;

(d) appoint the Executive Officer of the Fund;

(e) authorise the provision of resources required for the biennial capital
and operating budget of the Court and the Commission submitted by
the Executive Officer;

(1) appoint an investment manager or managers to manage the invest-
ments of the Fund in accordance with the investment guidelines for the
Fund;

(g) approve the annual report on the performance of the Fund for transmis-
sion to the Members;

(h) approve the capital and operating annual budget of the Fund;

(i) appoint an external Auditor of the Fund;

(j) submit an annual report to the Members, and

(k) perform such other functions as may be necessary or appropriate for
the operations of the Fund.

2. The Board may exercise such powers and establish such rules as may be
necessary or appropriate in furtherance of its purpose and functions consistent
with this Agreement.

ARTICLE VIII

PROCEDURES OF THE BOARD

1. The Board shall hold two regular meetings each year and may hold such other
meetings as the Board considers necessary.

2. The Board shall elect a Chairman and one Vice-Chairman at its first regular
annual meeting.

3. Each member of the Board shall have one vote.

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4. A simple majority of the members of the Board shall constitute the quorum for
any meeting of the Board.

5. Subject to paragraph 6 of this Article the Board shall take decisions by con-
sensus. A proposal shall be deemed to have been adopted by consensus if no
member of the Board raised a formal objection against it during the meeting.

6. Where the Chairman of the Board determines that a decision cannot be reached
by consensus, the Chairman shall submit the matter to a vote. In such a case the
Board shall take its decision by a majority of two-thirds of its members.

7. Subject to this Agreement, the Board may adopt its own rules of procedure.

ARTICLE IX

THE SEAL OF THE FUND

1. The Fund shall have and use as occasion may require, a Seal having a device
or impression with the inscription “Caribbean Court of Justice Trust Fund.”

2. The Seal of the Fund shall be kept in the custody of the Executive Officer and
shall be affixed to documents pursuant to a resolution of the Board in the presence
of the Chairman of the Board and the Executive Officer.

3. The Seal shall be authenticated by the signatures of the Chairman of the
Board and the Executive Officer.

ARTICLE X

FUNCTIONS OF THE EXECUTIVE OFFICER

The Executive Officer shall report to the Board and shall be invited to participate in
all its meetings, except where the Board considers it inexpedient, having regard to
the matters on the agenda for any meeting. The Executive Officer shall:

(a) prepare and submit to the Board the capital and operating annual bud-
get of the Fund;

(b) manage the day-to-day operations of the Fund;

(c) employ staff and engage the services of consultants;

(d) prepare and submit to the Board for submission to the Members:

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(i) a quarterly report on the performance of the Fund;

(ii) an annual report on the operations of the Fund.

(e) submit to the Board a statement of receipts and expenditures relating to
the Fund during the preceding fiscal year as audited by the External
Auditor;

(f) represent the Fund in relation to third parties; and

(g) perform any other functions as may be assigned by the Board from time
to time.

ARTICLE XI

JURIDICAL PERSONALITY AND LEGAL CAPACITY

The Fund shall possess full juridical personality and in particular capacity to:

(a) contract;

(b) acquire and dispose of immovable and moveable property; and

(c) institute legal proceedings.

2. The principal office of the Fund shall be located in Trinidad and Tobago.

3. The Fund shall conclude an agreement with the Government of Trinidad and
Tobago on the status, privileges and immunities of the Fund. The agreement shall
be approved by the Board, and signed by the Chairman.

ARTICLE XII

PRIVILEGES AND IMMUNITIES

1. To enable the Board and Officers of the Fund to fulfill the functions with
which it is entrusted, the status, immunities and privileges provided in this Article
shall be accorded to the Fund in the territories of each Member.

2. The Fund shall enjoy immunity from every form of legal process. Its property
and assets, wheresoever located and by whomsoever held, shall be immuned from
all forms of seizure, attachment or execution.

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3. The archives of the Fund shall be inviolable.

4. To the extent necessary to carry out the operations provided for in this Agree-
ment and subject to the provisions of this Agreement, all property and assets of the
Fund shall be free from restrictions, regulations, controls and moratoria of any
nature.

5. The official communications of the Fund shall be accorded by each Member
the same treatment that it accords to the official communications of other Members.

6. The Fund, its assets, property, income and its operations and transactions,
shall be exempt from all taxation, all customs duties on goods imported for its
official use and all other imposts.

7. Notwithstanding the provisions of paragraph 6 of this Article, the Fund will
not claim exemption from imposts that are no more than charges for public utility
services.

8. Where the Fund has paid any duties, taxes or other imposts, the Members
shall make appropriate administrative arrangements for the remission or return of
the amount of duty, tax or imposts paid.

9. Articles imported under an exemption from customs duties as provided by
paragraph 6 of this Article, or in respect of which a remission or return of duty or tax
has been made under paragraph 8, shall not be sold in the territory of the Member
which granted the exemption, remission or return except under conditions agreed
with that Member.

10. No tax shall be levied on or in respect of salaries and emoluments paid by the
Fund to members of the Board or other officers, but Members reserve the right to
tax their own citizens or nationals or persons permanently resident in the territories
of such Members.

11. All officers of the Fund:

(a) shall be exempt from the payment of income taxes except where that
officer is a citizen, permanent resident or national of the State granting
the exemption;

(b) shall be accorded such immunities from immigration restrictions, alien
registration requirements and national service obligations, and such
facilities as regards exchange control restrictions, as are not less
favourable than those accorded by the Member concerned to the rep-
resentatives, officials and employees of comparable rank of any other
Member;

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(c) shall be given such repatriation facilities in time of international crisis
as are not less favourable than those accorded by the Member con-
cerned to the representatives, officials and employees of comparable
rank of any other Member.

12. The Trustees:

(a) shall be immune from all legal process in respect of the lawful discharge
of their responsibilities under this Agreement;

(b) shall be accorded immunities from immigration restrictions and such
facilities as would ensure the proper discharge of their functions.

13. The immunities, exemptions and privileges provided in this Article are granted
in the interests of the Fund. The Board may waive to such extent and upon such
conditions as it may determine, the immunities, exemptions and privileges provided
in this Article in cases where such action would, in its opinion, be appropriate in the
best interests of the Fund.

14. The Executive Officer shall have the right and the duty to waive any immu-
nity, exemption or privilege in respect of any other officer where, in his opinion, the
immunity, exemption or privilege would impede the course of justice and can be
waived without prejudice to the interests of the Fund. In similar circumstances and
under the same conditions, the Board shall have the right and duty to waive any
immunity, exemption or privilege respecting the Executive Officer, and in the case of
members of the Board, the Members shall waive such immunity.

15. The Members shall take such action as is necessary in their own territo-
ries for the purpose of making effective in terms of their law the principles set
forth in this Article and shall inform the Fund of the detailed action which they
have taken.

ARTICLE XIII

AMENDMENT

Any Member may submit to the Board a proposal to amend a provision of this
Agreement. The Board shall promptly submit the proposal to all other Members.
The amendment shall take effect on the thirtieth day following the date on which
the Secretary-General (hereinafter referred to as “the Depositary”) has received the
approval of three-quarters of the Members.

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ARTICLE XIV

SIGNATURE

This Agreement shall be open for signature until 31st March 2004, by the States
and Territories listed in the Annex hereto.

ARTICLE XV

ENTRY INTO FORCE

This Agreement shall enter into force upon signature by any ten (10) of the
States or Territories listed in the Annex hereto.

ARTICLE XVI

RESERVATIONS

No reservations may be entered in respect of any provision of this Agreement.

ARTICLE XVII

ANNEX

The Annex to this Agreement shall constitute an integral part of this Agreement.

ARTICLE XVIII

ACCESSION

1. Any Member State of the Caribbean Community or any State or Territory
invited by Conference to participate in the Court may become a Member by acced-
ing to this Agreement on terms and conditions agreed between it and the Fund.
Accession shall be effected by the deposit of an instrument of accession approved
by the Board. This Agreement shall enter into force for the acceding State or Terri-
tory on the thirtieth day following the date on which its instrument of accession
was deposited with the Depositary.

2. Where a State or Territory, other than a State or Territory to which paragraph
3(b) of Article IV applies, accedes to this Agreement and undertakes to discharge
its financial obligations to the Trust Fund the Annex shall be amended accordingly.

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ARTICLE XIX

WITHDRAWAL

1. Where a Member withdraws from the Agreement Establishing the Caribbean
Court of Justice, such a Member shall be deemed to have withdrawn from this
Agreement with effect from the date of that Member’s withdrawal from the Agree-
ment establishing the Caribbean Court of Justice.

2. A Member withdrawing from this Agreement shall honour all obligations
assumed by it before the effective date of its withdrawal.

ARTICLE XX

DEPOSITARY AND REGISTRATION

1. This Agreement shall be deposited with the Depositary.

CONTRIBUTION OF THE MEMBERS OF THE TRUST FUND

MEMBERS PERCENT SHARE

Antigua and Barbuda 2.11
Barbados 12.77
Belize 3.44
Dominica 2.11
Grenada 2.11
Guyana 8.33
Haiti 1.68
Jamaica 27.09
Montserrat 0.42
St. Kitts and Nevis 2.11
Saint Lucia 2.11
St. Vincent and the Grenadines 2.11
Suriname 3.92
Trinidad and Tobago 29.73

TOTAL 100.00

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____________
Printed at the Government Printing Office, Antigua and Barbuda,

by Eric T. Bennett, Acting Government Printer
—By Authority, 2005.

800—9.05 [ Price $5.40 ]

Passed the House of Representatives
this 15th day of July, 2005.

D. Giselle Isaac-Arrindell,
Speaker.

Yvonne Henry,
Acting Clerk to the House of

Representatives.

Passed the Senate this 11th day of
August, 2005.

Hazlyn M. Francis,
President.

Yvonne Henry,
Acting Clerk to the Senate.
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