Caribbean Regional Drug Testing Laboratory Act

Link to law: http://laws.gov.ag/acts/chapters/cap-75.pdf
Published: 1979

Caribbean Regional Drug (CAP. 75 1
Testing Laboratory

CHAPTER 75

THE CARIBBEAN REGIONAL DRUG TESTING
LABORATORY ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Certain provisions of agreement to have the force of law.
4. Financial provisions.

SCHEDULE.

CARIBBEAN REGIONAL D R U G T E S T I N G
LABORATORY

(29th December, 1979.) 1411979.

1. This Act may be cited as the Caribbean Regional Short
Drug Testing Laboratory Act.

2. (1) In this Act- Interpretation.

"Agreement" means the Agreement establishing the
Laboratory signed at Kingston, Jamaica on the 16th
June, 1975, the text of which is set out in the
Schedule;

"Laboratory7' means the Caribbean Regional Drug
Testing Laboratory established by the agreement;

"Minister" means the Minister responsible for Health.

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2 CAP. 75) Caribbean Regional Drug
Testing Laborato7y

(2) The reference in Article 11 to the effect that the
Laboratory shall enjoy in the territory of each participating
Government such legal status and legal capacity as may be
necessary for the effective performance of its functions shall
be construed as meaning that the laboratory is a body
corporate.

Certain
provisions of

3. Subject to this Act, Articles 11, 12 and 13 of the
agreement to Agreement shall have the force of law in Antigua and
have the force of Barbuda.
law.

Financial
provisions.

4. All sums required to be made by the Government
to the Laboratory in respect of the obligations of Antigua
and Barbuda under the Agreement shall be paid out of monies
provided for the purpose by Parliament.

SCHEDULE (Section 2)

AGREEMENT ESTABLISHING THE CARIBBEAN REGIONAL
DRUG TESTING LABORATORY

THE PARTICIPATING GOVERNMENTS,

RECOCNISING the desirability of Governments assuring that drugs conform
to appropriate standards of purity, strength and quality, and that the official drug
control agencies should therefor have laboratories for testing drugs;

AWARE of the need for the Governments of the Region to pool their resources
for the financing of a Regional Drug Testing Laboratory;

NOTING that the Third Caribbean Health Ministers Conference authorised
the appointment of a Technical Advisory Committee which subsequently
recommended establishment of a regional laboratory in Jamaica to conduct
microbiological and pharmacological tests on drugs to complement the existing
national laboratories already engaged in testing drugs by chemical procedures;

HAVE AGREED as follows:

ARTICLE 1

ESTABLISHING OF CARIBBEAN REGIONAL DRUG TESTING
LABORATORY

By this Agreement the participating Governments establish the Caribbean
Regional Drug Testing Laboratory (hereinafter referred to as "the laboratory")
having the functions and duties hereinafter specified.

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Caribbean Regional Drug (CAP. 75 3
Testing Laboratory

ARTICLE 2

FUNCTIONS OF THE LABORATORY

The Laboratory shall:

(a) perform microbiological and pharmacological tests on samples of drugs
submitted by any participating Government and report the results thereof
to that Government;

(b) perform biological availability tests on selected types of drugs;

(c) investigate the stability of drugs under the conditions of storage
prevailing in the Region;

(d) establish liason with all appropriate agencies interested in drug testing
and provide information and advisory services to support the activities of
the drug control officials in the Region.

ARTICLE 3

THE TECHNICAL ADVISORY COMMITTEE

1. There shall be a Technical Advisory Committee (hereinafter referred
to as "the Committee").

2. The Committee shall consist of one representative each from Barbados,
Guyana, Jamaica and Trinidad and Tobago, two representatives from the other
participating Governments and the Secretary-General of the Caribbean Community.

3. The representatives of Barbados, Guyana, Jamaica and Trinidad and
Tobago shall be designated by the respective Governments. The two representatives
from the other participating Governments shall be designated by those Governments.

4. The Committee shall be responsible for advising the Director on all aspects
of the operation of the laboratory.

5 . The Committee shall meet at least once in each year.

6. The cost of attendance of each representative to the Meeting of the
Committee shall be borne by the Government or Governments which he represents,
and the Caribbean Community Secretariat shall meet the expenses of its
representative.

ARTICLE 4

PERSONNEL OF THE LABORATORY

1. The personnel of the laboratory shall consist of a Director and such staff
as may be required from time to time.

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4 CAP. 75) Caribbean Regional Drug
test in.^ Laboratory

2. The Government Chemist of Jamaica shall serve ex-officio as Director
of the laboratory.

3. The Director, in consultation with the Committee, shall recommend for
the approval of the Health Ministers Conference (hereinafter referred to as "the
Conference") the professional staff necessary from time to time.

4. The Conference shall approve the staff rules and regulations governing
the operation of the laboratory.

ARTICLE 5

DUTIES OF THE DIRECTOR

1. The Director shall prepare an annual work plan of the laboratory at
the beginning of each year. The work plan shall be submitted to the Committee
for approval.

2. The Director shall oversee the work of the laboratory to ensure compliance
with the approved work plan.

3. The Director shall prepare an annual report on the laboratory's work
for the consideration of the Committee and the Conference.

ARTICLE 6

LOCATION

The Laboratory shall be located in Jamaica.

ARTICLE 7

SPECIFICATION

The Government of Jamaica agrees to provide at its own expense suitable
accommodation of at least 4000 square feet of space for the laboratory.

ARTICLE 8

FINANCIAL ARRANGEMENTS

1. The cost of continuing services such as electricity, telephone and other
utility services shall be the expense of the laboratory.

2. The participating Governments agree to meet all the expenses of the
laboratory (such as are not covered by grants from external sources) as may be
apportioned by the Conference from time to time.

3. The Director of the laboratory shall, in consultation with the Committee,
prepare an annual budget for the approval of the Conference.

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Caribbean Regional Drug (CAP. 75 5
Testing Laboratory

4. The Director shall establish and maintain a proper accounting system
in respect of all the funds of the laboratory.

ARTICLE 9

SUPPORTING ACTIONS

1. The participating Governments agree to take the necessary measures
to ensure that the drug samples sent by them to the laboratory are handled and
transported in such manner as to avoid injury to the samples.

2. The participating Governments undertake to ensure the acceptance of
the analytical reports from the laboratory as admissible evidence in any court.

3. The Government of Jamaica undertakes to ensure the prompt customs
clearance of the samples and other materials shipped to the laboratory.

ARTICLE 10

SETTLEMENT OF DISPUTES

1. Either party to a dispute as to the interpretation or application of this
agreement may refer the dispute within forty days from the date of notifying the
Secretariat of the existence thereof for arbitration of an arbitrator appointed by
the parties from the list of arbitrators drawn up and maintained by the Secretary-
General of the Caribbean Community. Where the parties to the dispute fail to
agree on the appointment of such an arbitrator within the prescribed period, the
Secretary-General shall notify the parties of the expiration of the prescribed period
and within thirty days following the expiration of that period appbint an arbitrator
from the said list.

2. The Secretary-General shall provide the arbitrator with such assistance
and facilities as he may require.

ARTICLE 11

LEGAL CAPACITY

The laboratory shall enjoy in the territory of each participating Government
such legal status and legal capacity as may be necessary for the effective performance
of its functions.

ARTICLE 12

IMMUNITIES AND PRIVILEGES

The laboratory shall enjoy in the,territory of each participating Government,
such privileges and immunities as may be necessary for the effective performance
of its functions. In particular property and assets of the laboratory wheresoever
located and by whomsoever held, shall be immune from confiscation or
expropriation.

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6 CAP. 75) Caribbean Regional Drug
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ARTICLE 13

IMMUNITIES AND PRIVILEGES OF LABORATORY PERSONNEL

The Director, other officials and employees of, and experts performing mis-
sions for, the laboratory:

(a) shall be immune from legal process with respect to acts performed
by them in their official capacity;

(b) except in the countries of which they are citizens or nationals shall
be accorded such immunities from immigration restrictions alien registra-
tion requirements and national service obligations, and such facilities as regards
exchange control as are not less favourable than those accorded by the par-
ticipating Governments concerned to the representatives, officials and
employees of diplomatic missions of comparable rank.

ARTICLE 14

SIGNATURE

This agreement shall remain open for signature by the countries listed in
the Annex until the entry into force of the agreement.

ARTICLE 15

RATIFICATION

This agreement and any amendment thereto shall be subject to ratification
by the signatory Governments in accordance with their respective constitutional
procedures. Instruments of ratification shall be deposited with the Caribbean Com-
munity Secretariat which shall transmit certified copies to each participating
Government.

ARTICLE 16

ENTRY INTO FORCE

This agreement shall enter into force upon the ratification by six Govern-
ments listed in the Annex including the Governments of Barbados, Guyana, Jamaica
and Trinidad and Tobago. The Secretary-General shall notify the participating
Governments of the entry into force of this agreement.

ARTICLE 17

ACCESSION

1. The Government of any country listed in the Annex which upon the
entry into force of this agreement has not signed this agreement in accordance
with Article 14 and who wishes to become a party to this agreement after that
date may accede thereto by the deposit of the appropriate instruments of acces-
sion with the Caribbean Community Secretariat.

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Caribbean Regional Drug (CAP. 75 7
Testing Laboratory

2. Any country of the Region, may after the entry into force of this agree-
ment and being a member of the Caribbean Community, other than those States,
listed in the Annex, apply to the Conference to become a party to this agreement.

3. The Conference may admit such a country as is referred to in paragraph 2
of this Article on such terms and conditions as it deems fit and such admission
shall take effect from the date on which an appropriate instrument of accession
is deposited with the Secretary-General.

ARTICLE 18

AMENDMENT

1. This agreement may be amended by all the participating Governments.

2. An amendment of this agreement shall enter into force after being ratified
by all participating Governments.

3. Instruments of ratification shall be deposited with the Caribbean Com-
munity Secretariat which shall notify all participating Governments.

ARTICLE 19

WITHDRAWAL

1. Any participating Government may withdraw from this agreement by
giving not less than twelve months' notice in writing to the Caribbean Community
Secretariat which shall forthwith notify other participating Governments.

2. A participating Government withdrawing undertakes to honour any finan-
cial obligations duly assumed during its participation in the agreement.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authoris-
ed thereto by their respective Government, have affixed their signatures to this
agreement.

Done at Georgetown this 16th day of December, One Thousand Nine Hundred
and Seventy-four, in a single copy which shall be deposited with the Commonwealth
Caribbean Regional Secretariat which shall transmit certified copies to all the
Contracting States.

Signed by B. A. Peters
For the Government ofANTIGUA AND BARBUDA, on 16/6/75 at Kingston, Jamaica

Signed by
For the Government of Bahamas, on at

Signed by R. B. Caddle
For the Government of Barbados, on June 16, 1975 at Kingston, Jamaica

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8 CAP. 75) Caribbean Regional Drug
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Signed by Carl L. B. Rogers
For the Government of BELIZE on June 16, 1975 at Kingston, Jamaica

Signed by Conrad Maduro
For the Government of BRITISH VIRGIN ISLANDS, on June 16, 1975 at Kingston,

Jamaica

Signed by H. Christian
For the Government of DOMINICA, on June 16, 1975 at Kingston, Jamaica

Signed by D. Sylvester
For the Government of GRENADA, on June 16, 1975 at Kingston, Jamaica

Signed by Oliver Harper
For the Government of GUYANA, on June 16, 1975 at Kingston, Jamaica

Signed by K. McNeal
For the Government of JAMAICA, on June 16, 1975 at Kingston, Jamaica

Signed by Mary Rose Tuit
For the Government of MONTSERRAT, on June 16, 1975 at Kingston, Jamaica

Signed by Fitzroy Bryant
For the Government of ST. CHRISTOPHER-NEVIS-ANGUILLA, on June 16,

1975 at Kingston, Jamaica

Signed by R. A. Bousquet
For the Government of ST. LUCZA, on December 6, 1974 at Georgetown, Guyana

Signed by A. B. Russell
For the Government of ST. VINCENT, on June 16, 1975 at Kin
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