The Caribbean Community (Movement of Factors) Act 2006.pmd
ANTIGUA
AND
BARBUDA
No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
1
ANTIGUA AND BARBUDA
No. 3 of 2006
AN ACT to give effect to the provisions of the Treaty
establishing the Caribbean Community, including the
CARICOM Single Market and Economy, relating to the
exercise by nationals of the Caribbean Community of the
right of establishment, the right to provide services and the
right to move capital into and within Antigua and Barbuda
and out of Antigua and Barbuda to another Member State of
the Caribbean Community and for connected matters.
[ Published in the Official Gazette Vol. XXV
No. 37 dated 6th July, 2006 ]
BE IT ENACTED by the Queen’s Most Excellent Majesty, by
and with the advice and consent of the House of Representatives
and the Senate of Antigua and Barbuda, and by the authority of
the same, as follows—
PART I
PRELIMINARY
1. (1) This Act may be cited as the Caribbean Community
(Movement of Factors) Act, 2006.
(2) This Act shall come into operation on such date as the
Minister may appoint by Order published in the Gazette.
Short title and
commencement.
[ L.S. ]
I Assent,
James B. Carlisle,
Governor-General.
26th June, 2006.
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2. In this Act—
“Agreement” means the Agreement establishing the East-
ern Caribbean Central Bank made on the 5th day of July,
1983;
“Central Bank” means the Eastern Caribbean Central Bank
established under article 3 of the Agreement;
“Committee of Central Bank Governors” means the body
of the Community so named in Article 18(2) of the Treaty;
“Community” means the Caribbean Community including
the CARICOM Single Market and Economy established
by the Treaty;
“Community Council of Ministers” or “the Community
Council” means the organ of the Community so named in
Article 10 (1)(b) of the Treaty;
“Conference of Heads of Government” or “Conference”
means the organ of the Community so named in Article 10
(1) (a) of the Treaty;
“Council for Finance and Planning” means the organ of
the Community so named in Article 10 (2)(a) of the Treaty;
“Council for Human and Social Development” means the
organ of the Community so named in Article 10 (2)(d) of
the Treaty;
“Council for Trade and Economic Development” means
the organ of the Community so named in Article 10 (2)(b)
of the Treaty;
“economic enterprise” includes—
(a) any type of organisation for the production of, or
the trade in, goods or the provision of services
(other than a non-profit organisation) owned or con-
trolled by a national of a Member State;
(b) an agency, branch or a subsidiary of such enter-
prise of a national of a Member State;
Interpretation.
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“Member State” means a Member State of the Community
listed in the First Schedule;
“Minister” means the Minister assigned responsibility for
trade;
“national” means a person who—
(a) is a citizen of a Member State;
(b) has a connection with a Member State of a kind
which entitles that person to be regarded as belong-
ing to or, if it be so expressed, as being a native or
resident of that Member State for the purposes of
the laws of that Member State relating to immigra-
tion; or
(c) is a company or other legal entity constituted in a
Member State in accordance with the laws of that
Member State and which that Member State regards
as belonging to it, if that company or other legal
entity has been formed for gainful purposes and
has its registered office and central administration,
and carries on substantial activity within the Com-
munity and is substantially owned and effectively
controlled by persons mentioned in paragraphs (a)
and (b);
For the purposes of this definition, a company or
other legal entity is—
(i) substantially owned if more than 50 percent
of the equity interest in the company or entity
is beneficially owned by a person mentioned
in paragraphs (a) and (b);
(ii) effectively controlled if the persons mentioned
in paragraphs (a) and (b) have the power to
name a majority of its directors or otherwise
legally to direct its actions.
“non-wage-earning activity” means an activity undertaken
by a self-employed person;
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“right of establishment” includes the right—
(a) to engage in any non-wage-earning activity of a
commercial, industrial, agricultural, professional or
artisanal nature; or
(b) to create and manage an economic enterprise;
“service” means a service provided against remuneration
other than wages in any approved sector and “the provi-
sion of a service” means the supply of a service-
(a) from the territory of a Member State into the terri-
tory of another Member State;
(b) in the territory of a Member State to a service con-
sumer of another Member State;
(c) by a service supplier of a Member State through
commercial presence in the territory of another Mem-
ber State;
(d) by a service supplier of a Member State through the
presence of a natural person of a Member State in
the territory of another Member State;
“Treaty” means the Revised Treaty of Chaguaramas es-
tablishing the Caribbean Community including the
CARICOM Single Market and Economy signed at Nassau,
The Bahamas, on 5th July 2001.
3. (1) Save as otherwise provided in this section and in sec-
tions 7 and 9, this Act shall apply to-
(a) the right of establishment, and the right to provide a
service in Antigua and Barbuda by a national of
another Member State; and
(b) the right of a national of a Member State to move
capital into and within Antigua and Barbuda and
out of Antigua and Barbuda to another Member
State.
(2) An activity in Antigua and Barbuda involving the exercise
of governmental authority by a duly authorised person shall be
excluded from the operation of this Act.
Aplication of
this Act.
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(3) For the purposes of sub-section (2) “an activity in Antigua
and Barbuda involving the exercise of governmental authority”
means an activity conducted in Antigua and Barbuda neither on
a commercial basis nor in competition with one or more eco-
nomic enterprises such as—
(a) an activity conducted by the Central Bank in pursu-
ance of monetary or exchange rate policies;
(b) an activity forming part of a statutory system of
social security or public retirement plans;
(c) an activity forming part of a system of national se-
curity or for the establishment or maintenance of
public order;
(d) any other activity conducted by a public entity for
the account of, or with the guarantee or using finan-
cial resources of, the Government of Antigua and
Barbuda; and
(e) such other activity as may be excluded by
Regulations made pursuant to section 31.
4. (1) Subject to this Act, a national of a Member State shall
enjoy—
(a) in Antigua and Barbuda—
(i) the right of establishment;
(ii) the right to provide a service; and
(b) the right to move capital into and within Antigua
and Barbuda and out of Antigua and Barbuda to
another Member State,
without discrimination on the ground of nationality.
5. (1) For the purposes of this Act the enactments listed in
column 1 of the Second Schedule are amended to the extent
specified in column 2 with effect from the date of coming into
force of this Act.
Rights of a
national of a
Member State in
respect of
establishment
services and
capital.
Removal and
notification of
removal of
restrictions on
establishment,
services and
capital — Second
Schedule.
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(2) The Minister shall notify, not later than 30 June 2006, the
Council for Trade and Economic Development or the Council for
Finance and Planning, as the case may require, of any remaining
restrictions on-
(a) the right of establishment and the right to provide a
service in Antigua and Barbuda in respect of a na-
tional of another Member State; and
(b) the right to move capital into and within Antigua
and Barbuda and out of Antigua and Barbuda to
another Member State, and to make current pay-
ments and transfers.
(3) The Minister may by Order, subject to an affirmative
resolution of Parliament, amend the Schedules and may amend
the Second Schedule to include any existing restriction and any
restriction not notified to the Council for Trade and Economic
Development or the Council for Finance and Planning, as the
case may require, in accordance with subsection (2).
6. Subject to this Act, the Minister shall not introduce new
restrictions on a national of another Member State entitled to
the rights specified in section 4.
PART II
THE RIGHT OF ESTABLISHMENT
7. (1) Notwithstanding any provision to the contrary in this
Act, the Minister may determine that the public interest requires
the exclusion or restriction of the right of establishment in any
industry or in a particular section of an industry.
(2) Where a determination by the Minister has been made
pursuant to subsection (1) and results in the continuation or
establishment of—
(a) a government monopoly, the Minister shall adopt
appropriate measures to ensure that the monopoly
does not discriminate among nationals of a Member
State, save as otherwise provided in this Act, and is
subject to the agreed rules of competition estab-
lished for an economic enterprise of the Commu-
nity; or
Prohibition of
new restrictions.
Treatment of
monopolies.
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(b) a private sector monopoly, the Minister shall, sub-
ject to this Act, adopt appropriate measures to en-
sure that national treatment is accorded to a na-
tional of another Member State in terms of participa-
tion in its operations.
8. Restrictions on the right of establishment in Antigua and
Barbuda in respect of a national of another Member State shall
be removed in accordance with the programme approved by
Conference in accordance with Article 33(3) of the Treaty.
9. The Minister shall, by Order published in the Gazette,
adopt measures based on criteria established by the competent
Organ of the Community to safeguard against manipulation or
abuse of the right of establishment, to gain an unfair advantage
against a national of Antigua and Barbuda or another Member
State.
10. (1) In carrying out his or her duties under this Part, the
Minister shall use his or her best endeavours to ensure that a
national of another Member State desirous of engaging in an
approved economic activity in Antigua and Barbuda is not im-
peded in the exercise of his or her right of establishment.
(2) Without prejudice to the generality of subsection (1) the
Minister shall—
(a) remove administrative practices and procedures
which impede the exercise of the right of establish-
ment by a national of another Member State;
(b) remove all restrictions on the movement of manage-
rial, technical and supervisory staff of an economic
enterprise established by a national of a Member
State in Antigua and Barbuda;
(c) remove all restrictions on entering and residing in
Antigua and Barbuda by a spouse and immediate
dependent family member of a national establishing
an economic enterprise and of managerial, technical
and supervisory staff of an economic enterprise of a
national of another Member State;
(d) ensure that a national of another Member State ex-
ercising his or her right of establishment has the
Programme to
remove
restrictions on
establishment.
Minister to
adopt safeguard
measures.
Management of
removal of
restrictions on
the rights of
establishment.
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right to acquire or otherwise possess or control land,
buildings and other property adequate for the pur-
pose;
(e) implement Community standards to ensure protec-
tion of the interests of partners, members and other
persons with financial interests in companies and
other entities that have rights equivalent to those of
similar entities in a Member State;
(f) implement measures established by the Council for
Human and Social Development for the coordina-
tion of legislative and administrative requirements
of a Member State for the conduct of non-wage-
earning activities in the Community.
PART III
THE RIGHT TO PROVIDE SERVICES
11. (1) Subject to this Act, restrictions on the right to provide
a service in Antigua and Barbuda in respect of a national of
another Member State shall be removed in accordance with the
programme approved by the Conference pursuant to Article 37
(2) of the Treaty.
(2) Notwithstanding subsection (1), the Minister may with
the consent of the Council for Finance and Planning and with
the approval of the Conference, exclude certain financial ser-
vices from the application of this Act in accordance with Article
38 (2) of the Treaty.
12. Without prejudice to the provisions relating to the right
of establishment, a national of another Member State exercising
the right to provide a service in Antigua and Barbuda may, in
order to provide the service, temporarily engage in an approved
activity in Antigua and Barbuda under conditions no less
favourable than those enjoyed by a national of Antigua and
Barbuda.
13. (1) The Minister shall take such measures as may be
necessary to ensure that a national of another Member State is
not impeded in the exercise of his or her right to provide a service
in Antigua and Barbuda.
Programme to
remove
restrictions.
Collateral
activities by
service
providers.
Management of
removal of
restrictions on
right to provide
a service.
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(2) Without prejudice to the generality of subsection (1), the
Minister shall—
(a) remove administrative practices and procedures in
Antigua and Barbuda which impede the exercise of
the right to provide a service by a national of another
Member State;
(b) remove all restrictions on the entry and residence in
Antigua and Barbuda in respect of a spouse and an
immediate dependent family member of a national of
another Member State providing a service and of
the managerial, technical and supervisory staff of
such a national; and
(c) ensure that a national of another Member State ex-
ercising the right to provide a service in Antigua
and Barbuda has the right to acquire or otherwise
possess or control land, buildings and other prop-
erty on a non-discriminatory basis for purposes di-
rectly related to the provision of the service.
PART IV
THE RIGHT TO MOVE CAPITAL
14. Subject to this Act, the Minister—
(a) shall not introduce new restrictions on—
(i) the movement of capital;
(ii) payments connected with the movement of
capital; and
(iii) current payments and transfers; and
(b) shall not render more restrictive the operation of exist-
ing regulations governing the movement of capital,
except as authorised by the Treaty.
15. (1) Subject to this Act, restrictions on the movement of all
capital payments, and on all current payments, including pay-
ments for goods and services and other current transfers to a
Member State shall be removed.
Prohibition of
new restrictions
on the move-
ment of capital.
Removal of
restrictions on
capital
movements.
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(2) For the purposes of this Part, capital and current pay-
ments and transfers include—
(a) equity and portfolio investments;
(b) short-term bank and credit transactions;
(c) payment of interest on loans and amortization;
(d) dividends and other income on investments after taxes;
(e) repatriation of proceeds from the sale of assets; and
(f) other transfers and payments relating to investment
flows.
16. (1) Subject to subsection (2), the Minister shall, where
necessary, grant the authorisations required for the movement
of capital mentioned in section 15 on a non-discriminatory basis.
(2) Where a loan is to be obtained for the purposes of the
State of Antigua and Barbuda in another Member State prior
notification shall be given by the person obtaining the loan to
the Member State in which the loan is being issued or placed.
17. (1) The Minister shall take such measures as may be
required to coordinate the foreign exchange policies of Antigua
and Barbuda with those of another Member State in respect of
the movement of capital among Member States and with a third
country.
(2) The Minister shall keep the competent authorities of a
Member State informed of significant unusual movements of
capital within his or her knowledge to and from a third country.
PART V
SAFEGUARD MEASURES
18. (1) Subject to subsection (3), where the Minister is satisfied
that there are serious balance-of-payments and external financial
difficulties or the threat thereof, the Minister may, consistently
with international obligations assumed by Antigua and Barbuda,
adopt or maintain restrictions to address the difficulties.
Authorisation to
facilitate
movement of
capital.
Co-ordination of
foreign
exchange
policies and
information
exchange.
Restrictions to
safeguard
balance of
payments.
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(2) The restrictions which may be adopted or maintained pur-
suant to subsection (1) include—
(a) quantitative restrictions on imports;
(b) restrictions on the right of establishment;
(c) restrictions on the right to provide a service; and
(d) restrictions on the right to move capital or on pay-
ments and transfers for transactions connected
therewith.
(3) The restrictions mentioned in subsection (2) shall—
(a) subject to this Act, and relevant determinations of
the Conference, the Council for Finance and Plan-
ning and the Council for Trade and Economic De-
velopment, as the case may require, not discrimi-
nate among Member States or against a Member
State in favour of a third country;
(b) at all times seek to minimise damage to the commer-
cial, economic or financial interests of a Member
State;
(c) not exceed those necessary to deal with the circum-
stances mentioned in sub-section (1);
(d) be temporary and not longer than eighteen months
and must be removed progressively as the situation
mentioned in subsection (1) improves.
19. (1) In determining the incidence of restrictions mentioned
in section 18, the Minister may accord priority to activities which
are essential to the economic stability of Antigua and Barbuda
but such restrictions shall not be adopted or maintained for the
purpose of protecting a particular sector due regard being paid
to any special factors which may be affecting the reserves of
Antigua and Barbuda or its need for reserves.
(2) Restrictions adopted or maintained pursuant to subsec-
tion (1) or any changes therein shall be notified within three
working days to the Council for Finance and Planning and the
Council for Trade and Economic Development, and, in any event,
Incidence and
notification of
restrictions.
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the Minister shall consult immediately with the competent or-
gan of the Community if requested to do so.
20. (1) The Minister shall consult with the Council for Fi-
nance and Planning, and, where practicable, before the imposi-
tion of restrictions mentioned in section 18, with the objective of
being informed of any recommendations for the removal of the
restrictions.
(2) The consultations mentioned in subsection (1) shall—
(a) be designed to assist Antigua and Barbuda to over-
come its balance-of-payments and external financial
difficulties;
(b) assess the balance-of-payments situation of Antigua
and Barbuda and the restrictions adopted or main-
tained under section 18 taking into account inter
alia—
(i) the nature and extent of the balance-of-pay-
ments and external financial difficulties;
(ii) the external economic and trading environ-
ment of Antigua and Barbuda; and
(iii) alternative corrective measures which may be
available.
(3) The consultations under this section shall address the
compliance of any restrictions with section 18 (3) and, in particular,
the progressive removal of restrictions in accordance with
section 18 (3)(d).
(4) In consultations under this section all findings of statistical
and other facts presented by the Committee of Central Bank
Governors relating to foreign exchange, monetary reserves and
balance-of-payments shall be accepted and conclusions shall
be based on the assessment by that Committee of the balance-
of-payments and external financial situation of Antigua and
Barbuda.
Consultations
for the removal
of restrictions.
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21. (1) Where the exercise of rights conferred by this Act
creates serious difficulties in any sector of the economy of
Antigua and Barbuda, or results in economic hardships in any
district, region or part of Antigua and Barbuda, the Minister,
may, subject to the provisions of this section, apply such
restrictions on the exercise of rights as the Minister considers
appropriate in order to resolve the difficulties or alleviate the
hardships.
(2) If the Minister intends to apply restrictions pursuant to
sub-section (1), the Minister shall, prior to applying the restric-
tions, notify the competent organ of the Community of the
Minister’s intention and the nature of the restrictions.
(3) If the Minister is unable to notify the competent organ
prior to the application of the restrictions, the Minister shall, on
applying the restrictions, forthwith notify the competent organ
of the Community of the application and the nature of the re-
strictions.
22. (1) The Minister shall, at the time of applying the restric-
tions mentioned in section 21, submit to the Council for Trade
and Economic Development or the Council for Finance and Plan-
ning, as the case may require, a programme setting out the mea-
sures to be taken by Antigua and Barbuda to resolve the diffi-
culties or alleviate the hardships.
(2) The Minister shall act on the determinations of the com-
petent organ of the Community regarding the—
(a) appropriateness of the restrictions and whether they
shall continue; and
(b) adequacy of the programme and the duration of the
restrictions.
23. Restrictions applied by the Minister pursuant to section
21 shall be confined to those necessary to—
(a) resolve the difficulties in the affected sectors;
(b) alleviate economic hardships in a particular district
region or part of Antigua and Barbuda;
Conditions for
the application
of restrictions.
Permissible
restrictions.
Restrictions to
resolve
difficulties
arising from the
exercise of
rights.
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(c) minimise damage to the commercial or economic in-
terests of another Member State; and
(d) prevent the unreasonable exercise of rights granted
by this Act, the exercise of which could impair the
development of the CARICOM Single Market and
Economy.
24. The Minister in applying the restrictions pursuant to sec-
tion 21 shall not discriminate on the ground of nationality and—
(a) shall progressively relax the restrictions as relevant
conditions improve;
(b) may maintain the restrictions only to the extent that
conditions mentioned in section 21 continue to jus-
tify their application.
25. (1) Notwithstanding any provision to the contrary in this
Act, the Minister shall not be precluded from taking measures—
(a) to protect public morals or maintain public order
and safety;
(b) to protect human, animal and plant life;
(c) to secure compliance with laws or regulations relat-
ing to customs enforcement, or to the classification,
grading or marketing of goods, or to the operation
of monopolies by state enterprises or enterprises
given exclusive or special privileges;
(d) to protect intellectual property rights or to prevent
deceptive practices;
(e) relating to gold or silver;
(f) relating to products of prison labour;
(g) relating to child labour;
(h) to protect national treasures of artistic, historic or
archaeological value;
General
exceptions to
the obligation to
remove
restrictions.
Non-discrimina-
tion in applying
permissible
restrictions.
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(i) to prevent or relieve critical food shortages in an-
other exporting Member State;
(j) relating to the conservation of natural resources or
the preservation of the environment;
(k) to secure compliance with laws or regulations which
are consistent with the provisions of the Treaty in-
cluding those relating to—
(i) the prevention of deceptive and fraudulent
practices, and the effects of default on con-
tracts;
(ii) the protection of the privacy of individuals in
relation to the processing and dissemination
of personal data and the protection of confi-
dentiality of individual records and accounts;
(l) to protect existing economic activities which are
based on traditional, historical or customary prac-
tices;
(m) to give effect to international obligations including
treaties on the avoidance of double taxation.
(2) Nothing in subsection (1) shall be construed as permit-
ting the Minister to take any measure which constitutes arbi-
trary or unjustifiable discrimination against a national of an-
other Member State.
26. Nothing in this Act shall be construed as preventing the
Minister from taking measures to—
(a) protect the essential security interests of Antigua
and Barbuda—
(i) relating to the supply of services carried out
directly or indirectly for the purpose of provi-
sioning a military establishment;
(ii) in time of war or other public emergency; or
(b) discharge the obligations of Antigua and Barbuda
for the maintenance of international peace and se-
curity.
Security
exceptions to
obligation to
remove
restrictions.
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PART VI
GENERAL
27. The Minister shall, where an organ or body of the Com-
munity has been authorised to make any determinations in re-
spect of any of the rights referred to in section 4, carry out such
determination.
28. The Minister shall establish or employ as required an
appropriate mechanism to implement Community standards to
determine equivalency or to accord accreditation or mutual rec-
ognition to diplomas, certificates and other evidence of qualifi-
cations secured by a national of another Member State.
29. Where a functionary purports to restrict a person in the
exercise of a right under section 4, the person aggrieved may,
without prejudice to any other remedy, appeal to the Minister
for a speedy review of the decision of such functionary.
30. Any person who, contrary to the provisions of this Act,
obstructs or otherwise impedes a national of a Member State in
the lawful enjoyment of any right mentioned in section 4 or any
right collateral thereto commits an offence and is liable on sum-
mary conviction to a fine of ten thousand dollars or to imprison-
ment for a term of 3 months or to both.
31. (1) The Minister may make regulations generally for giv-
ing effect to the provisions of this Act.
(2) Without limiting the generality of sub-section (1) the Min-
ister may make regulations to—
(a) identify those activities in respect of which the right
of establishment shall not apply;
(b) determine the conditions under which the right of
establishment is to be exercised;
(c) remove restrictions on the entry of managerial, tech-
nical and supervisory staff to be employed in an
economic enterprise and their spouses and immedi-
ate dependent family members;
(d) remove restrictions on the entry of a spouse and an
immediate dependent family member of a national
exercising the right to provide services;
Right to appeal
to Minister for
speedy review of
decision of a
functionary.
Offences against
this Act.
Regulations.
Determinations
of organs and
bodies of the
Community to
be carried out.
Implementation
of Community
Standards.
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In the Act-
(1) In Section 2, insert in their appropriate order the follow-
ing—
“Caribbean Community Accreditation Agency” means
the agency established under the Caribbean Community
Agreement;
“Council for Human and Social Development” means
the body of the Caribbean Community empowered by
Article 35 of the Treaty of Chaguaramas establishing the
Caribbean Community including the CARICOM Single
Column 1 Column 2
ENACTMENT AMENDMENT
SECOND SCHEDULE
Engineers
(Registration)
Act
Chapter 153
FIRST SCHEDULE
(i) Antigua and Barbuda
(ii) Bahamas
(iii) Barbados
(iv) Belize
(v) Commonwealth of Dominica
(vi) Grenada
(vii) Haiti
(viii) Guyana
(ix) Jamaica
(x) Montserrat
(xi) St. Kitts-Nevis and Anguilla
(xii) Saint Lucia
(xiii) St. Vincent and the Grenadines
(xiv) Trinidad and Tobago
(e) provide for the temporary imposition of restric-
tions under section 21; and
(f) specify the nature of restrictions imposed pursu-
ant to section 21.
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Column 1 Column 2
ENACTMENT AMENDMENT
Market and Economy to establish common standards and
measures for accreditation or mutual recognition of diplo-
mas, certificates and other evidence of qualification of
nationals of CARICOM Member States;
“Member State” means a Member State of the Caribbean
Comunity listed in the Third Schedule;
“national” means a person who—
(a) is a citizen of a Member State;
(b) has a connection with a Member State of a kind
which entitles that person to be regarded as belong-
ing to or, if it be so expressed, as being a native or
resident of that Member State for the purposes of
the laws of that Member State relating to immigra-
tion; or
(c) is a company or other legal entity constituted in a
Member State in accordance with the laws of that
Member State and which that Member State regards
as belonging to it, if that company or other legal
entity has been formed for gainful purposes and
has its registered office and central administration,
and carries on substantial activity within the Com-
munity and is substantially owned and effectively
controlled by persons mentioned in paragraphs (a)
and (b);
For the purposes of this definition, a company or
other legal entity is—
(i) substantially owned if more than 50 percent
of the equity interest in the company or entity
is beneficially owned by a person mentioned
in paragraphs (a) and (b);
(ii) effectively controlled if the persons mentioned
in paragraphs (a) and (b) have the power to
ANTIGUA
AND
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
19
Column 1 Column 2
ENACTMENT AMENDMENT
name a majority of its directors or otherwise
legally to direct it actions;
(2) In Section 6 —
insert immediately after subsection (1) the following—
“(2) Paragraphs (c) and (d) shall not ap-
ply to a national of a Member State”.
(3) In Section 7 —
insert immediately after subsection (3) the following—
“(4) Subsection 1(d) shall not apply to a
national of a Member State”.
(4) insert immediately after section 26 the following—
27. (1) In making any regulation under
paragraph (c) of section 26 the Minister shall
adopt the common standards and measures
for accreditation and for the mutual recogni-
tion of diplomas, certificates and other evi-
dence of qualifications of a national of a
Member State established by the Council for
Human and Social Development and by the
Caribbean Community Accreditation
Agency.
(2) Where there is a conflict between the
rules made by the Council or the Caribbean
Community Accreditation Agency and the
standards or measures established by the
Council for Human and Social Development
for adoption in a Member State, the latter
shall prevail.
(3) Where there is a conflict between the
rules made by the Council and any rule made
“Adoption of
Common Car-
ibbean Commu-
nity Standards.
ANTIGUA
AND
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No. 3 of 2006.20 The Caribbean Community
(Movement of Factors) Act, 2006.
Column 1 Column 2
ENACTMENT AMENDMENT
by the Caribbean Community Accreditation
Agency the latter shall prevail.
28. Notwithstanding anything to the con-
trary in this Act or any other law, the provi-
sions of this Act shall apply equally and with-
out discrimination to citizens of Antigua and
Barbuda and a national of a Member State.”
(5) insert immediately after the Third Schedule the follow-
ing—
“FOURTH SCHEDULE
Member States
(i) Barbados
(ii) Belize
(iii) Commonwealth of Dominica
(iv) Grenada
(v) Guyana
(vi) Jamaica
(vii) St. Christopher and Nevis
(viii) Saint Lucia
(ix) Saint Vincent and the Grenadines
(x) Suriname
(xi) Trinidad and Tobago.”
In the Act—
(1) In Section 2, insert in their appropriate alphabetical order
the following—
“Member State” means a Member State of the Caribbean
Community or the Organisation of Eastern Caribbean
States listed in the Second Schedule;
“national” means a person who—
(a) is a citizen of a Member State;
Equal applica-
tion of the Act
to citizens and
a national of a
Member State.
Franchises
(Registration
and Control)
Act
Chapter 182a
ANTIGUA
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
21
Column 1 Column 2
ENACTMENT AMENDMENT
(b) has a connection with a Member State of a kind
which entitles that person to be regarded as be-
longing to or, if it be so expressed, as being a na-
tive or resident of that Member State for the pur-
poses of the laws of that Member State relating to
immigration; or
(c) is a company or other legal entity constituted in a
Member State in accordance with the laws of that
Member State and which that Member State re-
gards as belonging to it, if that company or other
legal entity has been formed for gainful purposes
and has its registered office and central adminis-
tration, and carries on substantial activity within
the Community and is substantially owned and
effectively controlled by persons mentioned in
paragraphs (a) and (b);
For the purposes of this definition, a company or
other legal entity is—
(i) substantially owned if more than 50 percent
of the equity interest in the company or en-
tity is beneficially owned by a person men-
tioned in paragraphs (a) and (b);
(ii) effectively controlled if the persons men-
tioned in paragraphs (a) and (b) have the
power to name a majority of its directors or
otherwise legally to direct it actions.
(2) In Section 3—
In subsection (1) (b), insert “or a national of a Member
State” after “citizen”.
In subsection (2) (b), insert “or a national of a Member
State” after “citizen”.
(3) Insert immediately after section 21 the following—
ANTIGUA
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No. 3 of 2006.22 The Caribbean Community
(Movement of Factors) Act, 2006.
Column 1 Column 2
ENACTMENT AMENDMENT
22.Notwithstanding anything to the con-
trary in any other law, the provisions of this
Act shall apply equally and without discrimi-
nation to citizens of Antigua and Barbuda
and a national of a Member State.”.
(4) Insert “First” before “Schedule” and insert immediately
after the First Schedule the following—
“SECOND SCHEDULE
Member States
(i) Barbados
(ii) Belize
(iii) Commonwealth of Dominica
(iv) Grenada
(v) Guyana
(vi) Jamaica
(vii) St. Christopher and Nevis
(viii) Saint Lucia
(ix) Saint Vincent and the Grenadines
(x) Suriname
(xi) Trinidad and Tobago.”
In the Act—
(1) In Section 2, insert in their appropriate alphabetical order
the following—
“Member State” means a Member State of the Caribbean
Community or the Organisation of Eastern Caribbean
States listed in the Second Schedule;
“national” means a person who—
(a) is a citizen of a Member State;
”Act to apply
equally to a na-
tional of a Mem-
ber State.
Insurance
(Licence) Act
Chapter 220
ANTIGUA
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
23
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ENACTMENT AMENDMENT
(b) has a connection with a Member State of a kind
which entitles that person to be regarded as be-
longing to or, if it be so expressed, as being a na-
tive or resident of that Member State for the pur-
poses of the laws of that Member State relating to
immigration; or
(c) is a company or other legal entity constituted in a
Member State in accordance with the laws of that
Member State and which that Member State re-
gards as belonging to it, if that company or other
legal entity has been formed for gainful purposes
and has its registered office and central adminis-
tration, and carries on substantial activity within
the Community and is substantially owned and
effectively controlled by persons mentioned in
paragraphs (a) and (b);
For the purposes of this definition, a company or
other legal entity is—
(i) substantially owned if more than 50 percent
of the equity interest in the company or en-
tity is beneficially owned by a person men-
tioned in paragraphs (a) and (b);
(ii) effectively controlled if the persons men-
tioned in paragraphs (a) and (b) have the
power to name a majority of its directors or
otherwise legally to direct it actions;”.
(2) In Section 8 (1), insert “or who is a national of a Member
State” after “Antigua and Barbuda” where the latter first occurs.
(3) In Section 14 (1), insert “or who is a national of a Member
State” after “Antigua and Barbuda” where the latter first oc-
curs.
(4) Insert immediately after section 30 the following—
ANTIGUA
AND
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No. 3 of 2006.24 The Caribbean Community
(Movement of Factors) Act, 2006.
31. The Minister may by Order subject to
affirmative resolution amend the Schedule.
32. Notwithstanding anything to the con-
trary in any other law, the provisions of this
Act shall apply equally and without discrimi-
nation to a citizen of Antigua and Barbuda
and a national of Member State.”
(5) Insert “First” before “Schedule” and insert immediately
after the First Schedule the following—
“SECOND SCHEDULE
Member States
(i) Barbados
(ii) Belize
(iii) Commonwealth of Dominica
(iv) Grenada
(v) Guyana
(vi) Jamaica
(vii) St. Christopher and Nevis
(viii) Saint Lucia
(ix) Saint Vincent and the Grenadines
(x) Suriname
(xi) Trinidad and Tobago.”
In the Act—
(1) Insert after section 1 the following—
1A. “Caribbean Community Accreditation
Agency” means the agency established un-
der the Caribbean Community Accreditation
Agreement;
“Council for Human and Social Develop-
ment” means the body of the Caribbean Com-
Column 1 Column 2
ENACTMENT AMENDMENT
“Amendment of
Schedule.
Application to a
citizen and a na-
tional of a Mem-
ber State.
Nurses
Registration
Act
Chapter 296
“Interpretation
ANTIGUA
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
25
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ENACTMENT AMENDMENT
munity empowered by Article 35 of the Treaty
of Chaguaramas establishing the Caribbean
Community including the CARICOM Single
Market and Economy, to establish common
standards and measures for accreditation or
mutual recognition of diplomas, certificates
and other evidence of qualification of na-
tionals of CARICOM Member States;
“Member State” means a Member State of
the Caribbean Community or the
Organisation of Eastern Caribbean States
listed in the Second Schedule;
“national” means a person who—
(a) is a citizen of a Member State;
(b) has a connection with a Member State
of a kind which entitles that person to
be regarded as belonging to or, if it be
so expressed, as being a native or resi-
dent of that Member State for the pur-
poses of the laws of that Member State
relating to immigration; or
(c) is a company or other legal entity con-
stituted in a Member State in accor-
dance with the laws of that Member
State and which that Member State re-
gards as belonging to it, if that com-
pany or other legal entity has been
formed for gainful purposes and has
its registered office and central admin-
istration, and carries on substantial
activity within the Community and is
substantially owned and effectively
controlled by persons mentioned in
paragraphs (a) and (b);
ANTIGUA
AND
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No. 3 of 2006.26 The Caribbean Community
(Movement of Factors) Act, 2006.
For the purposes of this definition, a
company or other legal entity is—
(i) substantially owned if more than
50 percent of the equity interest
in the company or entity is ben-
eficially owned by a person
mentioned in paragraphs (a) and
(b);
effectively controlled if the persons men-
tioned in paragraphs (a) and (b) have the
power to name a majority of its directors or
otherwise legally to direct it actions.”
(2) insert immediately after section 4 the following—
4. (A) (1) In making any rules under this
Act the Council shall adopt the common
standards and measures for accreditation
and for the mutual recognition of diplomas,
certificates and other evidence of qualifica-
tions of a national of a Member State estab-
lished by the Council for Human and Social
Development or by the Caribbean Commu-
nity Accreditation Agency.
(2) Where there is a conflict between the
rules made by the Council or the Caribbean
Community Accreditation Agency and the
standards or measures established by the
Council for Human and Social Development
for adoption in a Member State, the latter
shall prevail.
(3) Where there is a conflict between the
rules made by the Council and any rule made
by the Caribbean Community Accreditation
Agency for adoption in a Member State, the
latter shall prevail.”
Column 1 Column 2
ENACTMENT AMENDMENT
“Adoption of
common Carib-
bean Community
standards.
ANTIGUA
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
27
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ENACTMENT AMENDMENT
(3) In Section 7 (1), insert “or a Member State” after “United
Kingdom”.
(4) In the Act —
Insert immediately after section 10 the following—
11. (1) A national of a Member State who
is registered as a nurse under this Act, shall
not require a work permit, a visa or other
immigration permit to enter or remain in
Antigua and Barbuda for the purpose of
practicing as a nurse.
(2) Subsection (1) applies notwithstand-
ing anything to the contrary in any other
law.
(3) Notwithstanding anything to the con-
trary in any other law, the provisions of this
Act shall apply equally and without discrimi-
nation to citizens of Antigua and Barbuda
and a national of a Member State.”
(5) In the Act —
insert the word “First” before “Schedule” and insert immedi-
ately after the First Schedule the following—
“SECOND SCHEDULE
Member States
(i) Barbados
(ii) Belize
(iii) Commonwealth of Dominica
(iv) Grenada
(v) Guyana
(vi) Jamaica
(vii) St. Christopher and Nevis
(viii) Saint Lucia
”Equal applica-
tion of Act to a
citizens and a na-
tional of a Mem-
ber State
ANTIGUA
AND
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No. 3 of 2006.28 The Caribbean Community
(Movement of Factors) Act, 2006.
(ix) Saint Vincent and the Grenadines
(x) Suriname
(xi) Trinidad and Tobago.”
In the Schedule to the Act under the heading, “LOANS TO
NON-CITIZENS” insert immediately after paragraph (b) the
following—
“(c) Paragraphs (a) and (b) shall not apply to a na-
tional of a CARICOM Member State who is seek-
ing to establish a right under the revised Treaty of
Chaguaramas or the Caribbean Community (Move-
ment of Factors) Act, 2006.”
In the Act—
(1) In Section F2, insert in their appropriate alphabetical
order the following—
“Member State” means a Member State of the Caribbean Com-
munity or the Organisation of Eastern Caribbean States listed
in the Fourth Schedule;
“national” means a person who—
(a) is a citizen of a Member State;
(b) has a connection with a Member State of a kind
which entitles that person to be regarded as be-
longing to or, if it be so expressed, as being a na-
tive or resident of that Member State for the pur-
poses of the laws of that Member State relating to
immigration; or
(c) is a company or other legal entity constituted in a
Member State in accordance with the laws of that
Member State and which that Member State re-
gards as belonging to it, if that company or other
legal entity has been formed for gainful purposes
Column 1 Column 2
ENACTMENT AMENDMENT
Stamps Act
Chapter 410
Antigua and
Barbuda Labour
Code
Chapter 27
ANTIGUA
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
29
Column 1 Column 2
ENACTMENT AMENDMENT
and has its registered office and central adminis-
tration, and carries on substantial activity within
the Community and is substantially owned and
effectively controlled by persons mentioned in
paragraphs (a) and (b);
For the purposes of this definition, a company or
other legal entity is—
(i) substantially owned if more than 50 percent
of the equity interest in the company or en-
tity is beneficially owned by a person men-
tioned in paragraphs (a) and (b);
(iii) effectively controlled if the persons men-
tioned in paragraphs (a) and (b) have the
power to name a majority of its directors or
otherwise legally to direct it actions;”.
(2) In Section F3, reletter paragraph (g) as (h) and insert
immediately after paragraph (f) the following—
“(g) a national of a Member State;”
(3) insert immediately after the Third Schedule the follow-
ing—
“FOURTH SCHEDULE
Member States
(i) Barbados
(ii) Belize
(iii) Commonwealth of Dominica
(iv) Grenada
(v) Guyana
(vi) Jamaica
(vii) St. Christopher and Nevis
(viii) Saint Lucia
(ix) Saint Vincent and the Grenadines
(x) Suriname
ANTIGUA
AND
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No. 3 of 2006.30 The Caribbean Community
(Movement of Factors) Act, 2006.
(xi) Trinidad and Tobago.”
In the Act—
(1) In Section 2 insert in their appropriate alphabetical order
the following—
“Member State” means a Member State of the Caribbean
Community or the Organisation of Eastern Caribbean
States listed in the Schedule;
“national” means a person who—
(a) is a citizen of a Member State;
(b) has a connection with a Member State of a kind
which entitles that person to be regarded as be-
longing to or, if it be so expressed, as being a na-
tive or resident of that Member State for the pur-
poses of the laws of that Member State relating to
immigration; or
(c) is a company or other legal entity constituted in a
Member State in accordance with the laws of that
Member State and which that Member State re-
gards as belonging to it, if that company or other
legal entity has been formed for gainful purposes
and has its registered office and central adminis-
tration, and carries on substantial activity within
the Community and is substantially owned and
effectively controlled by persons mentioned in
paragraphs (a) and (b);
For the purposes of this definition, a company or
other legal entity is—
(i) substantially owned if more than 50 percent
of the equity interest in the company or en-
Immigration and
Passport Act
Chapter 208
Column 1 Column 2
ENACTMENT AMENDMENT
ANTIGUA
AND
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
31
tity is beneficially owned by a person men-
tioned in paragraphs (a) and (b);
(ii) effectively controlled if the persons men-
tioned in paragraphs (a) and (b) have the
power to name a majority of its directors or
otherwise legally to direct it actions;”.
(2) In Section 9, reletter paragraph (e) as paragraph (f) and
insert immediately after paragraph (d) the following—
“(e) a national of a “Member State” seeking to enjoy a
right conferred under the Revised Treaty of
Chaguaramas or the Caribbean Community (Move-
ment of Factors) Act, 2006.”.
(3) insert immediately after section 41 the following—
42. The Minister may by Order subject to
affirmative resolution of the House amend
the Schedule.”
(4) insert immediately after section 42 the following—
“SCHEDULE
Member States
(i) Barbados
(ii) Belize
(iii) Commonwealth of Dominica
(iv) Grenada
(v) Guyana
(vi) Jamaica
(vii) St. Christopher and Nevis
(viii) Saint Lucia
(ix) Saint Vincent and the Grenadines
”Amendment of
Schedule.
Column 1 Column 2
ENACTMENT AMENDMENT
ANTIGUA
AND
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No. 3 of 2006.32 The Caribbean Community
(Movement of Factors) Act, 2006.
(x) Suriname
(xi) Trinidad and Tobago.”.
In the Act—
(1) Insert immediately after section 3 the following—
4. (1) .This Act shall not apply to a national
of a Member State.
(2) In this Act—
(a) “Member State” means a
Member State of the Caribbean
Community or the Organisation
of Eastern Caribbean states
listed in the Schedule;
(b) “national” means a person
who—
(i) is a citizen of a Member
State;
(ii) has a connection with a
Member State of a kind
which entitles that person
to be regarded as
belonging to or, if it be so
expressed, as being a
native or resident of that
Member State for the
purposes of the laws of
that Member State relating
to immigration; or
(iii) is a company or other legal
entity constituted in a
Member State in
Column 1 Column 2
ENACTMENT AMENDMENT
Aliens
Restrictions Act
Chapter 16
Application
ANTIGUA
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
33
accordance with the laws
of that Member State and
which that Member State
regards as belonging to it,
if that company or other
legal entity has been
formed for gainful
purposes and has its
registered office and
central administration,
and carries on substantial
activity within the
Community and is
substantially owned and
effectively controlled by
persons mentioned in
paragraphs (a) and (b);
For the purposes of this
definition, a company or
other legal entity is—
(i) substantially owned if
more than 50 percent of
the equity interest in the
company or entity is
beneficially owned by a
person mentioned in
paragraphs (a) and (b);
(ii) effectively controlled if
the persons mentioned in
paragraphs (a) and (b)
have the power to name a
majority of its directors or
Column 1 Column 2
ENACTMENT AMENDMENT
ANTIGUA
AND
BARBUDA
No. 3 of 2006.34 The Caribbean Community
(Movement of Factors) Act, 2006.
otherwise legally to direct
it actions.”
5. The Minister may by Order subject to
affirmative resolution amend the Schedule.”
(2) Insert immediately after section 5 the
following—
“SCHEDULE
Member States
(i) Barbados
(ii) Belize
(iii) Commonwealth of Dominica
(iv) Grenada
(v) Guyana
(vi) Jamaica
(vii) St. Christopher and Nevis
(viii) Saint Lucia
(ix) Saint Vincent and the Grenadines
(x) Suriname
(xi) Trinidad and Tobago.”.
In the Act—
(1) In Section 2 insert in their appropriate alphabetical order
the following—
“Council for Human and Social Development” means
the body of the Caribbean Community empowered by
Article 35 of the Treaty of Chaguaramas establishing the
Caribbean Community including the CARICOM Single
Market and Economy to establish common standards
and measures for accreditation or mutual recognition of
Column 1 Column 2
ENACTMENT AMENDMENT
Architects
(Registration)
Act
Chapter 34
Amendment of
Schedule
ANTIGUA
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
35
diplomas, certificates and other evidence of qualification
of nationals of CARICOM Member States;
“Member State” means a Member State of the Caribbean
Community or the Organisation of Eastern Caribbean
States listed in the Second Schedule;
“national” means a person who—
(a) is a citizen of a Member State;
(b) has a connection with a Member State of a kind
which entitles that person to be regarded as
belonging to or, if it be so expressed, as being a
native or resident of that Member State for the
purposes of the laws of that Member State relating
to immigration; or
(c) is a company or other legal entity constituted in a
Member State in accordance with the laws of that
Member State and which that Member State
regards as belonging to it, if that company or other
legal entity has been formed for gainful purposes
and has its registered office and central
administration, and carries on substantial activity
within the Community and is substantially owned
and effectively controlled by persons mentioned
in paragraphs (a) and (b);
For the purposes of this definition, a company or
other legal entity is—
(i) substantially owned if more than 50 percent
of the equity interest in the company or entity
Column 1 Column 2
ENACTMENT AMENDMENT
ANTIGUA
AND
BARBUDA
No. 3 of 2006.36 The Caribbean Community
(Movement of Factors) Act, 2006.
Column 1 Column 2
ENACTMENT AMENDMENT
is beneficially owned by a person mentioned
in paragraphs (a) and (b);
(ii) effectively controlled if the persons
mentioned in paragraphs (a) and (b) have
the power to name a majority of its
directors or otherwise legally to direct it
actions;”.
(2) In Section 5 (1) substitute the words “; and” for the full
stop occurring at the end of paragraph (c) and insert immediately
after paragraph (c) the following—
“(d) he is a national of a Member State.”
(3) In Section 8 (b) insert “not being a Member State” after
“country”.
(4) Insert the word “First” before “Schedule” and insert
immediately after the First Schedule the following—
“SECOND SCHEDULE
Member States
(i) Barbados
(ii) Belize
(iii) Commonwealth of Dominica
(iv) Grenada
(v) Guyana
(vi) Jamaica
(vii) St. Christopher and Nevis
(viii) Saint Lucia
(ix) Saint Vincent and the Grenadines
(x) Suriname
(xi) Trinidad and Tobago.”
In the Act—Caribbean
Community
Skilled
Nationals Act,
1997 (No. 3 of
1997)
ANTIGUA
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
37
Column 1 Column 2
ENACTMENT AMENDMENT
(1) In Section 5, delete “section 14 and” occurring after “sub-
ject to”
(2) In Section 6, delete “subject to section 14” occurring
after “may”
(3) In Section 7 (1), delete “and to section 14 “ occurring
before “grant”.
(4) In Section 10—
(a) in subsection (1), delete “sections 14 and” and
insert “section” after “subject to”
(b) in subsection (2), delete “section 14 and” occur-
ring after “subject to”.
(5) In Section 11 (1) and (2) and Section 12 delete “section
14 and” occurring after “subject to”.
(6) Delete Section 14.
In the Act—
(1) In section 2 insert in their appropriate alphabetical order
the following—
“Caribbean Community Accreditation Agency” “means
the agency established under the Caribbean Community
Accreditation Agreement;
“Council for Human and Social Development” means
the body of the Caribbean Community empowered by
Article 35 of the Treaty of Chaguaramas establishing the
Caribbean Community including the CARICOM Single
Market and Economy, to establish common standards
and measures for accreditation or mutual recognition of
diplomas, certificates and other evidence of qualifica-
tion of nationals of CARICOM Member States;
Veterinary Act
Chapter 464
ANTIGUA
AND
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No. 3 of 2006.38 The Caribbean Community
(Movement of Factors) Act, 2006.
Column 1 Column 2
ENACTMENT AMENDMENT
“Member State” means a Member State of the Caribbean
Community or the Organisation of Eastern Caribbean
States listed in the Third Schedule;
“national” means a person who—
(a) is a citizen of a Member State;
(b) has a connection with a Member State of a kind
which entitles that person to be regarded as be-
longing to or, if it be so expressed, as being a na-
tive or resident of that Member State for the pur-
poses of the laws of that Member State relating to
immigration; or
(c) is a company or other legal entity constituted in a
Member State in accordance with the laws of that
Member State and which that Member State re-
gards as belonging to it, if that company or other
legal entity has been formed for gainful purposes
and has its registered office and central adminis-
tration, and carries on substantial activity within
the Community and is substantially owned and
effectively controlled by persons mentioned in
paragraphs (a) and (b);
For the purposes of this definition, a company or
other legal entity is—
(i) substantially owned if more than 50 percent
of the equity interest in the company or en-
tity is beneficially owned by a person men-
tioned in paragraphs (a) and (b);
(ii) effectively controlled if the persons men-
tioned in paragraphs (a) and (b) have the
power to name a majority of its directors or
otherwise legally to direct it actions;”.
(2) In Section 11 insert immediately after subsection (1) the
following—
ANTIGUA
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No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
39
Column 1 Column 2
ENACTMENT AMENDMENT
“(2) A national of a Member State who is
registered as a veterinary surgeon under this
Act, shall not require a work permit or a visa
to enter or remain in Antigua and Barbuda
for the purpose of practicing as a veterinary
surgeon.
(3) Subsection (1) applies notwithstand-
ing anything to the contrary in any other
law.”.
(3) Insert after section 20 the following—
21. (1) In making any regulations under
this Act the Board shall adopt the common
standards and measures for accreditation
and for the mutual recognition of diplomas,
certificates and other evidence of qualifica-
tions of a national of a Member State estab-
lished by the Council for Human and Social
Development or by the Caribbean Commu-
nity Accreditation Agency.
(2) Where there is a conflict between the
rules made by the Board or the Caribbean
Community Accreditation Agency and the
standards or measures established by the
Council for Human and Social Development
for adoption in a Member State, the latter
shall prevail.
(3) Where there is a conflict between the
rules made by the Board and any rule made
by the Caribbean Community Accreditation
Agency the latter shall prevail.”
22. Notwithstanding anything to the contrary in any
other law, the provisions of this Act shall apply equally and
”Adoption of
common
standards by the
Council.
ANTIGUA
AND
BARBUDA
No. 3 of 2006.40 The Caribbean Community
(Movement of Factors) Act, 2006.
Column 1 Column 2
ENACTMENT AMENDMENT
Equal
application of
Act to a national
of a Member
State.
Passed by the House of Representatives
this 4th day of May, 2006.
D. Giselle Isaac-Arrindell,
Speaker.
Yvonne Henry,
Clerk to the House of Representatives.
Passed by the Senate this 26th day
of May, 2006.
Hazlyn Francis,
President.
Yvonne Henry,
Clerk to the Senate.
without discrimination to a citizen of Antigua
and Barbuda and a national of a Member
State.”
________
Printed at the Government Printing Office, Antigua and Barbuda,
by Eric.T. Bennett, Government Printer
— By Authority, 2006.
800—7.06 [ Price $15.20]
ANTIGUA
AND
BARBUDA
No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
41
ANTIGUA
AND
BARBUDA
No. 3 of 2006.42 The Caribbean Community
(Movement of Factors) Act, 2006.
ANTIGUA
AND
BARBUDA
No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
43
ANTIGUA
AND
BARBUDA
No. 3 of 2006.44 The Caribbean Community
(Movement of Factors) Act, 2006.
ANTIGUA
AND
BARBUDA
No. 3 of 2006. The Caribbean Community
(Movement of Factors) Act, 2006.
45
ANTIGUA AND BARBUDA
THE CARIBBEAN COMMUNITY (MOVEMENT OF FACTORS)
ACT, 2006
ARRANGEMENT OF SECTIONS
Sections
PART 1
PRELIMINARY
1. Short title and commencement
2. Interpretation
3. Application of this Act
4. Rights of nationals of a Member State in respect of establishment,
services and capital
5. Removal and notification of removal of restrictions on establishment,
services and capital Schedule
6. Prohibition of new restrictions
PART II
THE RIGHT OF ESTABLISHMENT
7. Treatment of monopolies
8. Programme to remove restrictions on establishment.
9. Minister to adopt safeguard measures
10. Management of removal of restrictions on the rights of establishment
PART III
THE RIGHT TO PROVIDE SERVICES
11. Programme to remove restrictions
12. Collateral activities by service providers
13. Management of removal of restrictions on right to provide a service.
PART IV
THE RIGHT TO MOVE CAPITAL
14. Prohibition of new restrictions on the movement of capital
15. Removal of restrictions on capital movements
16. Authorisation to facilitate movement of capital
17. Coordination of foreign exchange policies and information exchange
PART V
SAFEGUARD MEASURES
18. Restrictions to safeguard balance of payments
19. Incidence and notification of restrictions
20. Consultations for the removal of restrictions
21. Restrictions to resolve difficulties arising from the exercise of rights.
22. Conditions for the application of restrictions
23. Permissible restrictions
24. Non-discrimination applying permissible restrictions.
25. General exceptions to the obligation to remove restrictions
26. Security exceptions to obligation to remove restrictions
PART VI
GENERAL
27. Determinations of organs and bodies of the Community to be carried out
28. Implementation of Community Standards
29. Right to appeal to Minister for speedy review of decision of a functionary
30. Offences against this Act.
31. Regulations
First Schedule
Second Schedule
