Electronic Transfer Of Funds Crimes Act, 2006

Link to law: http://laws.gov.ag/acts/2006/a2006-3.pdf

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006.2 The Caribbean Community

(Movement of Factors) Act, 2006.

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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

3

“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;

ANTIGUA

AND

BARBUDA

No. 3 of 2006.4 The Caribbean Community

(Movement of Factors) Act, 2006.

“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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

5

(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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006.6 The Caribbean Community

(Movement of Factors) Act, 2006.

(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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

7

(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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006.8 The Caribbean Community

(Movement of Factors) Act, 2006.

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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

9

(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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006.10 The Caribbean Community

(Movement of Factors) Act, 2006.

(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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

11

(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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006.12 The Caribbean Community

(Movement of Factors) Act, 2006.

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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

13

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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006.14 The Caribbean Community

(Movement of Factors) Act, 2006.

(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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

15

(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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006.16 The Caribbean Community

(Movement of Factors) Act, 2006.

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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

17

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.

ANTIGUA

AND

BARBUDA

No. 3 of 2006.18 The Caribbean Community

(Movement of Factors) Act, 2006.

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

BARBUDA

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

BARBUDA

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

AND

BARBUDA

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

AND

BARBUDA

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

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

23

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 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

BARBUDA

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

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

25

Column 1 Column 2

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

BARBUDA

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

AND

BARBUDA

No. 3 of 2006. The Caribbean Community

(Movement of Factors) Act, 2006.

27

Column 1 Column 2

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

BARBUDA

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

AND

BARBUDA

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

BARBUDA

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

BARBUDA

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

BARBUDA

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

AND

BARBUDA

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

AND

BARBUDA

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

AND

BARBUDA

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

BARBUDA

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

AND

BARBUDA

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