Organisation of Eastern (CAP. 302 1
Caribbean States
CHAPTER 302
THE ORGANISATION O F EASTERN CARIBBEAN
STATES ACT
Arrangement of Sections
Section
1. Short title.
2. Interpretation.
3. Acceptance of the Treaty.
4. Financial provisions for giving effect to the Treaty.
5. Amendment of the Schedule and consequential matters.
SCHEDULE.
ORGANISATION OF EASTERN CARIBBEAN STATES
( 2 7th December, 1986.) 1511986.
1. This Act may be cited as the Organisation of ShOrttit'e~
Eastern Caribbean States Act.
2. In this Act- Interpretation.
"Treaty" means the Treaty signed on the 18th day of
June, 1981 at Basseterre for the establishment of
the Organisation of Eastern Caribbean States the
text of which is set out in the Schedule.
3. Notwithstanding anything to the contrary contained Acceptance of the
Treaty.
in any other law the Treaty and the Annexes thereto, as
are set out in the Schedule, have the force of law in Antigua
and Barbuda.
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Financial
provisions for
giving effect to
the Treaty.
4. (1) There shall be paid out of the Consolidated
Fund on the Warrant of the Minister all payments required
to be made from time to time for the purposes of meeting
the obligations of Antigua and Barbuda under the Treaty
and such payments are charged on the Consolidated Fund.
(2) Any sums received by the Government pursuant
to the Treaty shall be paid into the Consolidated Fund.
Amendment of
the Schedule and
5 . (1) Where any amendment to the Treaty is
consequential accepted by .the Government of Anti.gua and Barbuda the
matters. ~infister &ay, by Order published in ;he Gazette, amend the
Schedule in accordance with such amendment.
(2) Any Order made under subsection (1) may contain
such consequential, supplementary or ancillary provisions
as may appear to the Minister to be necessary or expedient
for the purpose of giving due effect to such amendment and
without prejudice to the generality of the foregoing matters,
may contain provisions.
(3) Any Order made under subsection (1) shall be sub-
ject to negative resolution of the Legislature.
(4) Where the Schedule is amended pursuant to subsec-
tion (I), any reference in this Act or in any other written
law shall, unless the context otherwise requires, be construed
as a reference to the Treaty so amended.
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SCHEDULE
CONTENTS
Preamble
Article
1 . Establishment of the Organisation ........................................
.................................................................... . 2 Membership
..................................................... 3 . Purposes and Functions
......................................................... . 4 General Undertaking
..................................................................... . 5 Institutions
6 . Composition and Functions of the Authority ..........................
Composition and Functions of the Foreign Affairs Committee
Composition and Functions of the Defence and Security Committee
Composition and Functions of the Economic Affairs Committee
The Central Secretariat .....................................................
Co-ordination and Harmonisation of Foreign Policy ................
External Auditor ..............................................................
..................................................................... The Budget
Procedure for the Settlement of Disputes ..............................
Participation in other Arrangements .....................................
Relations with other International Organisations and other Countries
.................................................. Privileges and Immunities
................................................................... Headquarters
Setting-up of the Institutions ..............................................
Signature and Ratification ..................................................
.............................................................. Entry into Force
Admission to Membership
Accession and Adherence ...................................................
23 . Declaration of Non-Participation .........................................
Page
4
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Article Page
24. Withdrawal.. ................................................................... 19
................................................................. 25. Amendments.. 19
26. Registration .................................................................... 20
27. Transitional Arrangements ................................................ 20
Annexes
A Conciliation Commission
I East Caribbean Common Market (ECCM) Agreement
I1 Amendment to ECCM Area Origin Rules
I11 The East Caribbean Common Market (Amendment) Agreement 1981
TREATY
ESTABLISHING
THE
ORGANISATION OF EASTERN CARIBBEAN STATES
Preamble
The Governments of the Contracting States,
CONVINCED that the West Indies (Associated States) Council of Ministers since
its establishment in 1966 has done much to further regional co-operation
in many fields and has rendered valuable services to its member countries;
RECOGNISING that since the establishment of the said Council of Ministers
significant constitutional and other changes have taken place in the region;
AFFIRMING their determination to achieve economic and social development
for their peoples as enunciated in the Agreement of the 1 lth day of June,
1968, establishing the East Caribbean Common Market;
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INSPIRED by a common determination to strengthen the links between themselves
by uniting their efforts and resources and establishing and strengthening
common institutions which could serve to increase their bargaining power
as regards third countries or groupings of countries;
HAVING IN MIND the strong views expressed by the said Council of Ministers
regarding the desirability of retaining and formalising the arrangements for
joint action by its member countries;
DETERMINED to satisfy the legitimate aspirations of their peoples for development
and progress;
HAVE AGREED as follows:
Establishment of the Organisation of
Eastern Caribbean States
By this Treaty the Contracting Parties establish among themselves the
Organisation of Eastern Caribbean States (hereinafter called 'The Organisation')
having the membership, powers and functions hereinafter specified.
Membership
1. Full membership of the Organisation shall be open to those countries
which immediately prior to the establishment of the Organisation have been
members of the West Indies (Associated States) Council of Ministers, namely:
(a) Antigua and Barbuda
(b) Dominica
( 6 ) Grenada
(d) Montserrat
(e) St. KittsINevis
V) Saint Lucia
&) Saint Vincent and The Grenadines
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2. The independent States listed in the preceding paragraph the Governments
of which sign and ratify this Treaty in accordance with Article 20 thereof shall
immediately become full members (hereinafter referred to as 'The Member States')
of the Organisation.
3. Notwithstanding that a territory or group of territories listed in
Paragraph 1 of this Article is not a sovereign independent State, the Heads of
Government of the Member States of the Organisation (hereinafter referred to
as 'The Authority') may by a unanimous decision admit such territory or group
of territories as a full member of the Organisation and such territory or group
of territories shall thereby qualify as a Member State under this Treaty.
4. Any other States or territories in the Caribbean region may apply to
become Full or Associate Members and shall be admitted as such by a unanimous
decision of the Authority. The nature and extent of the rights and obligations
of Associate Members shall be determined by the Authority.
Purposes and Functions of the Organisation
1. The major purposes of the Organisation shall be:
(a) to promote co-operation among the Member States and at the regional
and international levels having due Eegard to the Treaty establishing the
Caribbean Community and the Charter of the United Nations;
(b) to promote unity and solidarity among the Member States and to
defend their sovereignty, territorial integrity and independence;
(c) to assist the Member States in the realisation of their obligations and
responsibilities to the international community with due regard to the role
of international law as a standard of conduct in their relationship;
(4 to seek to achieve the fullest possible harmonisation of foreign policy
among the Member States; to seek to adopt, as far as possible, common
positions on international issues and to establish and maintain wherever
possible, arrangements for joint overseas representation and/or common
services;
(e) to promote economic integration among the Member States through
the provisions of the Agreement Establishing the East Caribbean Common
Market; and
(f) to pursue the said purposes through its respective institutions by
discussion of questions of common concern and by agreement and common
action.
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2. To this end the Member States will endeavour to co-ordinate, harmonisc
and pursue joint policies particularly in the fields of-
(a) External Relations including overseas representation;
( b ) International Trade Agreements and other External Economic
Relations;
(G) Financial and Technical Assistance from external sources;
(6) International Marketing of Goods and Services including Tourism;
(e) External Transportation and Communications including Civil
Aviation;
y> Economic Integration among the Member States through the provi-
sions of the Agreement Establishing the East Caribbean Common Market;
('g) Matters .relating to the sea and its resources;
( h ) The Judiciary;
(4 Currency and Central Banking;
Audit;
(k) Statistics;
(I) Income Tax Administration;
(m) Customs and Excise Administration;
(n) Tertiary Education including University;
( 0 ) Training in Public Administration and Management;
(p) Scientific, Technical and Cultural Co-operation;
(q) Mutual Defence and Security; and
(T) Such other activities calculated to further the purposes of the Organisa-
tion as the Member States may from time to time decide.
General Undertaking as to Implementation
Member States shall take all appropriate measures, whether general or par-
ticular, to ensure the carrying out of obligations arising out of this Treaty or resulting
from decisions taken by the institutions of the Organisation.
They shall facilitate the achievement of the purposes of the Organisation;
in particular, each Member State shall take all steps to secure the enactment of
such legislation as is necessary to give effect to this Treaty and decisions taken
thereunder.
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Institutions of the Organisation
1. There are hereby established the following principal institutions through
which the Organisation shall accomplish the functions entrusted to it under this
Treaty:
(a) The Authority of Heads of Government of the Member State of the
Organisation (referred to in this Treaty as 'The Authority');
(b) The Foreign Affairs Committee;
(6) The Defence and Security Committee;
(d) The Economic Affairs Committee; and
(e) The Central Secretariat.
2. The institutions of the Organisation shall perform the functions and act
within the limits of the powers conferred upon them by or under this Treaty and
by the Protocols thereto. They may establish such subsidiary institutions as they
deem necessary for the performance of their functions.
Composition and Functions of the Authority
1. The Authority shall be composed of Heads of Government of the Member
States.
2. Any member of the Authority may, as appropriate, designate a Minister
to represent such member at any meeting of the Authority.
3. Only Member States possessing the necessary competence in respect of
matters under consideration from time to time shall take part in the deliberations
of the Authority.
4. The Authority shall be the supreme policy-making institution of the
Organisation. It shall be responsible for, and have the general direction and con-
trol of the performance of the functions of the Organisation, for the progressive
development of the Organisation and the achievement of its purposes.
5 . The Authority shall have power to make decisions on all matters within
its competence. All such decisions shall require the affirmative vote of all Member
States present and voting at the meeting of the Authority at which such decisions
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were taken provided that such decisions shall have no force and effect until ratified
by those Member States, if any, which were not present at that meeting, or until
such Member States have notified the Authority of their decision to abstain. Such
decisions by the Authority shall be binding on all Member States and on all
institutions of the Organisation and effect shall be given to any such decisions
provided that it is within the sovereign competence of Member States to imple-
ment them.
6. The Authority may make such recommendations and give such direc-
tives as it deems necessary for the achievement of the purposes of the Organisa-
tion and for ensuring the smooth functioning of the institutions of the Organisation.
7. The Authority may establish, and designate as such, institutions of the
Organisation in addition to those specified in sub-paragraphs ( b ) , ( c ) , (d) and (e)
of Paragraph 1 of Article 5 of this Treaty, as it deems necessary for the achieve-
ment of the purposesof the Organisation.
8. Subject to the relevant provisions of this Treaty, the Authority shall
be the final authority for the conclusion of treaties or other international agreements
on behalf of the Organisation and for entering into relationships between the
Organisation and other International Organisations and third countries.
9. Subject to the relevant provisions of this Treaty, the Authority shall
take decisions for the purpose of establishing the financial arrangements necessary
for meeting the expenses of the Organisation and shall be the final authority on
questions arising in relation to the financial affairs of the Organisation.
10. The Authority shall meet at least twice a year. It shall determine its
own procedure including that for convening meetings, for the conduct of business
thereat and at other times, and for the annual rotation of the office of Chairman
among its members in accordance with the principle of alphabetical order of the
Member States.
1 . The Authority shall in addition meet in extraordinary session whenever
it deems necessary in accordance with the regulations laid down in its rules of
procedure.
Composition and Functions of the Foreign Affairs Committee
1. The Foreign Affairs Committee shall consist of the Ministers respon-
sible for Foreign Affairs in the Governments of the Member States or such other
Ministers as may be designated by the Heads of Government of the Member States.
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2. Only Member States possessing the necessary competence in respect of
matters under consideration from time to time shall take part in the deliberations
of the Foreign Affairs Committee.
3. The Foreign Affairs Committee shall be responsible to the Authority.
It shall take appropriate action on any matters referred to it by the Authority
and shall have the power to make recommendations to the Authority.
4. The Foreign Affairs Committee shall have responsibility for the pro-
gressive development of the foreign policy of the Organisation and for the general
direction and control of the performance of the executive functions of the Organisa-
tion in relation to its foreign affairs.
5 . The decisions and directives of the Foreign Affairs Committee shall be
unanimous and shall be binding on all subordinate institutions of the Organisa-
tion unless otherwise determined by the Authority.
6. Subject to any directives that the Authority may give, the Foreign Affairs
Committee shall meet as and when necessary. It shall determine its own pro-
cedure, including that for convening meetings, for the conduct of business thereat,
and at other times and for the annual rotation of the office of Chairman among
its members in accordance with the principle of alphabetical order of the Member
States.
Composition and Functions of the Defence and Security Committee
1. The Defence and Security Committee shall consist of the Ministers respan-
sible for Defence and Security or other Ministers or Plenipotentiaries designated
by Heads of Government of the Member States.
2. Only -Member States possessing the necessary competence in respect of
matters under consideration from time to time shall take part in the deliberations
of the Defence and Security Committee.
3. The Defence and Security Committee shall be responsible to the
Authority. It shall take appropriate action on any matters referred to it by the
Authority and shall have the power to make recommendations to the Authority.
It shall advise the Authority on matters relating to external defence and on
arrangements for collective security against external aggression, including mercenary
aggression, with or without the support of internal or national elements.
4. The Defence and Security Committee shall have responsibility for co-
ordinating the efforts of Member States for collective defence and the preservation
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of peace and security against external aggression and for the devclopmcnt of close
ties among the Member) States of the Organisation in matters of external defence
and security, including measures to combat the activities of mercenaries, operating
with or without the support of internal or national elements, in the exercise of
the inherent right of individual or collective self-defence recognised by Article 51
of the Charter of the United Nations.
5 . The decisions and directives of the Defence and Security Comn~ittee
shall be unanimous and shall be binding on all subordinate institutions of the
Organisation unless otherwise determined by the Authority.
6. Subject to any directives that the Authority may give, the Defence and
Security Committee shall meet as and when necessary. It shall determine i ts own
procedure, including that for convening meetings, for the conduct of bueiness
thereat and at other times, and for the annual rotation of the Office of Chairman
among its members in accordance with the principle of alphabetical order of the
Member States.
Composition and Functions of the Economic Affairs Committee
1. The Economic Affairs Committee (hereinafter referred to in this Article
as 'The Committee') shall consist of such Ministers in the Governments of the
Member States as may from time to time be appointed to the Committee by Hcadn
of Government of the Member States.
2. Only Member States possessing the necessary competence in respect of
matters under consideration from time to time shall take part in the deliberations
of the Committee.
3. The Committee shall have as its functions those functions entrusted to
the Council of Ministers under the Agreement of 1 lth June, 1968, establishing
the East Caribbean Common Market.
4. The provisions of the said Agreement, to the extent that they are nor
incompatible with the provisions of this Treaty, shall be deemed to be incorporated
in and to form an integral part of this Treaty. The provisions of the said Agree-
ment are set out in Annex 1 to this Treaty.
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The Central Secretariat
1. The Central Secretariat (hereinafter referred to as 'The Secretariat') shall
be the principal institution responsible for the general administration of the
Organisation.
2. The Secretariat shall comprise a Director-General and such other staff
as the Organisation may require.
3. The Director-General shall be the Chief Executive Officer of the Organisa-
tion and shall have responsibility for the general direction and control of the
Organisation. He shall be appointed by the Authority to serve in that capacity
for a term of four (4) years and shall be eligible for re-appointment.
4. In the performance of his functions, the Director-General shall be respon-
sible to the Authority, the Foreign Affairs Committee, the Defence and Security
Committee and the Economic Affairs Committee. He shall be responsible for the
general efficiency of the administrative service, for co-ordination of the activities
of the Organisation and for the operation of the administrative apparatus in general.
He shall similarly be responsible to any institution established by the Authority
pursuant to Paragraph 7 of Article 6 of this Treaty.
In particular, his duties shall include the following:
(a) to service meetings of institutions of the Organisation;
( b ) to take appropriate follow-up action on decisions, recommendations
or directives taken at such meetings;
(6) to keep the functioning of the Organisation under continuous review
and to report his findings to the appropriate Chairman;
(d) to make reports of activities and an annual report to the Authority
on the work of the Organisation; and
(e) to undertake such work and studies and perform such services relating
to the functions of the Organisation as may be assigned to him from time
to time and also make such proposals relating thereto as may assist in the
efficient and harmonious functioning and development of the Organisation.
5 . The terms and conditions of service of the Director-General and other
staff of the Secretariat shall be governed by such rules and regulations as are
approved by the Authority.
6. In appointing officers to posts in the Secretariat, due regard shall be
paid, subject to the paramount consideration of securing the highest standards
of efficiency, competence and integrity, to the desirability of maintaining an
equitable distribution of appointments to such posts among ci.tizens of the Member
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States. Subject to the provisions of this paragraph, the Director-General shall have
the discretion to appoint all staff to the Secretariat provided that Directors are
appointed with the prior approval of the Authority.
7. The Director-General shall have the responsibility to ensure that all per-
sons found suitable for employment are duly cleared before engagement in respect
of security.
8. In the performance of their duties the Director-General and other members
of the staff of the Secretariat shall neither seek nor accept instructions from any
Government or from any other authority external to the Organisation. They shall
refrain from any action which might reflect on their position as international oE~eiale
responsible only to the Organisation.
9. Each Member State undertakes to respect the exclusive international
character of the responsibilities of the Director-General and other members sf
the staff of the Organisation and not to seek to influence them in the discharge
of their responsibilities.
Co-ordination and Harmonisation of Foreign Policy
1 . Unless objection is offered by the receiving States or international
organisations and conferences concerned, Member States of the Organisation may
establish and maintain arrangements for joint overseas diplomatic or other represcn-
tation, including, where appropriate, the accreditation of one representative to
one or more States, international organisations or conferences.
2. Where such objection, referred to in the preceding paragraph, is made
by an international organisation or conference by virtue of its constitution or rules
of procedure or for any other reason and where the Member States are members
of such organisation or conference, the Director-General shall take all appropriate
steps, consistent with the constitution or rules of procedure of such organisation
or conference, as to ensure the optimum realisation of the benefits of their member-
ship of such organisation or conference.
3. The Director-General shall have the authority and responsibility far
transmitting directives of the Authority on joint foreign policy matters to heads
of overseas diplomatic and other missions established by the Organisation. He
shall take precedence in matters of protocol over the heads of such missions.
4. Heads of diplomatic or other missions of the Organisation shall be recom-
mended for appointment by the Authority after consultation with the Foreign Affairs
Committee. Provided that they may at any time resign their offices by written
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notice to the Director-General, who shall promptly transmit such notice to the
Member States of the Organisation.
5 . Subject to the preceding paragraph, the staff of such missions shall be
appointed by the Director-General. In appointing such staff he shall have due
regard to the provisions of Paragraphs 6 and 7 of Article 10 of this Treaty. The
terms and conditions of service of such staff shall be governed by such rules and
regulations as govern the staff at the headquarters of the Organisation.
6. The expenses for diplomatic or other representatives referred to in
Paragraph 1 of this Article shall be apportioned among the Member States par-
ticipating in such arrangements.
External Auditor
1. There shall be an External Auditor of the Organisation who shall be
appointed and removed by the Authority.
2. Subject to the provisions of the preceding paragraph the regulations
governing the terms and conditions of service and powers of the External Auditor
shall be approved by the Authority.
The Budget of the Organisation
1. There shall be established a budget of the Organisation
2. All expenses of the Organisation shall be approved in respect of each
financial year by the Authority and shall be chargeable to the budget.
3. Revenues of the budget shall be derived from annual contributions by
the Member States and from such other sources as may be determined by the
Authority.
4. The budget shall be in balance as to revenues and expenditures.
5 . A draft budget for each financial year shall be prepared by the Director-
General for the approval of the Authority.
6. There shall be special budgets to meet extraordinary expenditures of
the Organisation.
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7. Each Member State undertakes to pay regularly its annual contr~bution
to the budget of the Organisation.
Procedure for the Settlement of Disputes
1. Any dispute that may arise between two or more of the Member Statcs
regarding the interpretation and application of this Treaty shall, upon the rcqurst
of any of them, be amicably resolved by direct agreement.
2. If the dispute is not resolved within three months of the date on whish
the request referred to in the preceding paragraph has been made, any paray to
the dispute may submit it to the conciliation procedure provided for in Anncx A
to this Treaty by submitting a request to that effect to the Director-General af
the Organisation and informing the other party or parties to the dispute af thr
request.
3. Member States undertake to accept the conciliation procedure refcrrrd
to in the preceding paragraph as compulsory. Any decisions or recommendationu
of the Conciliation Commission in resolution of the dispute shall be final and
binding on the Member States.
Participation in other Arrangements
1. Nothing in this Treaty shall preclude any Member State from participating
in other arrangements either with other Member States or non-Member States
provided that its participation in such arrangements does not derogate from the
provisions of this Treaty.
2. The rights and obligations arising from agreements concluded before
the entry into force of this Treaty between Member States, or between Ncrnbsr
States and other countries or organisations shall not be affected by the provisions
of this Treaty.
3. T o the extent that such agreements are not compatible with this Treaty,
the Member State or States concerned shall take all appropriate steps to eliminate
the incompatibilities established. Member States shall, where necessary, assist each
other to this end and shall, where appropriate, adopt a common attitude.
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Relations with other International Organisations and Other Countries
1. The Organisation shall seek to establish such relations with other Inter-
national Organisations and other countries as may facilitate the attainment of
its purposes. T o this end, the Organisation may conclude formal agreements or
establish effective working relationships with such Organisations and Governments
of other countries.
2. The Organisation may decide, in accordance with its rules of procedure,
to admit as observers at its deliberations representatives of non-Member States
or other entities.
Privileges and Immunities
1. The Organisation as an international organisation, shall enjoy legal
personality.
2. The Organisation shall have in the territory of each Member State:
(a) the legal capacity required for the performance of its functions under
this Treaty; and
( b ) power to acquire, hold or dispose of movable or immovable property.
3. In the exercise of its legal personality under this Article, the Organisa-
tion shall be represented by the Director-General.
4. The privileges and immunities to be granted to the senior officials of
the Organisation at its headquarters and in the Member States shall be the same
as accorded to members of a diplomatic mission accredited at the headquarters
of the Organisation and in the Member States under the provisions of the Vienna
Convention on Diplomatic Relations of 18 April 1961. Similarly the privileges
and immunities granted to the Secretariat at the headquarters of the Organisation
shall be the same as granted to diplomatic missions at the headquarters of the
Organisation and in the Member States under the said Convention. Other privileges
and immunities to be recognised and granted by the Member States in connec-
tion with the Organisation shall be determined by the Authority.
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Headquarters of the Organisation
The location of the headquarters of the Organisation shall be determined
by the Authority.
Setting-up of the Institutions
1. At its first meeting after the entry into force of this Treaty the Authority
shall, inter alia:
(a) admit to membership in the Organisation the non-independent ter-
ritories included in Paragraph 1 of Article 2 of this Treaty, before consideration
of any other matter;
(6) appoint the Director-General;
(6) determine the headquarters of the Organisation;
(d) make decisions for the establishment of financial arrangements for
meeting the expenses of the Organisation; and
( e ) give such directions to the institutions of the Organisation as are
necessary for the expeditious and effective implementation of the provisions
of this Treaty.
Signature and Ratification
1. This Treatv and anv Protocols thereto which shall form an intecral Dart " L
of the Treaty, shall be open for signature to all countries specified in Paragraph 1
of Article 2 of this Treaty.
2. This Treaty is subject to ratification by the signatories in accordance
with their respective constitutional processes.
3. The original text of this Treaty shall be deposited with the Government
of Saint Lucia which shall transmit certified copies thereof to all the signatories.
4. Instruments of ratification or accession shall be deposited with the Gavern-
ment of Saint Lucia, which shall notify all signatories of each such deposit.
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Entry into Force
This Treaty shall enter into force immediately upon receipt by the Govern-
ment of Saint Lucia of the second instrument of ratification from the countries
specified in Paragraph 1 of Article 2 of this Treaty which have the status of
Independent States.
Admission to Membership
Accession and Adherence
1. After this Treaty has entered into force in accordance with the provi-
sions of Article 21 thereof, any independent State or Territory specified in Arti-
cle 2 of this Treaty may apply to the Authority to become a Full Member or
Associate Member of the Organisation and may, if the Authority so decides, be
admitted as such in accordance with Paragraphs 3 and 4 of Article 2 of this Trea-
ty respectively.
2. Unless otherwise desired by the Authority, admission to full member-
ship of the Organisation shall take effect immediately upon a decisioin to that
effect by the Authority.
3. Each Territory admitted to full membership of the Organisation shall
accede to this Treaty in accordance with the provisions of Paragraph 4 of Arti-
cle 20 thereof upon its attainment of independent statehood.
4. Any independent State or Territory in the Caribbean region may at
any time notify the Director-General of its intention to adhere to this Treaty.
5 . The Director-General shall, on receipt of such notification, transmit a
copy of it to all the signatories and to the Government of Saint Lucia.
6. The terms and conditions of adherence in any particular case shall be
determined by the Authority.
Declaration of Non-Participation
Any Member State may, either on becoming a member of the Organisation
or within a period not exceeding twelve (12) months thereafter, declare in writing
to the Director-General its intention to withhold its participation in respect of
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Foreign Affairs andlor Defence and Security matters of the Organisation. The
Director-General shall on receipt of such declaration promptly transmit a copy
of it to all the other Member States of the Organisation. Such declaration shall
take effect on the date of its receipt by the Director-General.
Withdrawal
1. This Treaty shall be of unlimited duration
2. Any Member State, whether a Full Member or an Associate Member,
may withdraw from the Organisation if it decides that extraordinary events, related
to the subject-matter of this Treaty, have seriously endangered its supreme national
interests. It shall give written notice of such withdrawal to the Director-General
who shall promptly notify the other Member States and the Government of
Saint Lucia. Such withdrawal shall take effect twelve (12) months after the notice
is received by the Director-General.
3. Any Member State which withdraws from the Organisation shall discharge
its financial obligations to the Organisation and shall respect any commitments
undertaken before the effective date of withdrawal.
4. Any Member State which withdraws from the Organisation during the
period of its operation has no claim to any part of the proceeds until the liquida-
tion of the assets of the Organisation on the termination of this Treaty at which
time it shall be entitled to the value of its assets as at the date of withdrawal.
Amendments
1. Any Member State may make written proposals for the amendment of
this Treaty and any Protocols thereto.
2. Amendments shall be effected by a unanimous decision of the Authority.
They shall come into force on the thirtieth day following the date of their receipt
by the Government of Saint Lucia. The text of any amendment shall be promptly
communicated by the Director-General to the said Government which shall transmit
certified copies thereof to all the signatories to this Treaty and shall also inform
them of the date of entry into force of any such amendment.
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Registration
This Treaty and all its Protocols shall be registered by the Government of
Saint Lucia with the Secretariat of the United Nations pursuant to Article 102
of the Charter of the United Nations and shall also be registered with the Secretariat
of the Caribbean Community.
ARTICLE 27
Transitional Arrangements
Until such time as the Director-General is appointed the powers and func-
tions of the said officer shall be exercised by the Executive Secretary of the Council
of Ministers of the West Indies Associated States.
IN WITNESS WHEREOF, the Undersigned Plenipotentiaries, being duly authorised
thereto by their respective Governments, have signed the present Treaty.
DONE AT Basseterre this Eighteenth day of June, One thousand nine hundred
and eighty-one.
For the Government of:
Antigua LESTER BIRD
Dominica M. EUGENIA CHARLES
Grenada MAURICE BISHOP
Montserrat F.A.L. MARGETSON
St. KittsINevis KENNEDY A. SIMMONDS
Saint Lucia WINSTON F. CENAC
Saint Vincent and
the Grenadines HUDSON TANNIS
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Conciliation Commission
1. A list of conciliators consisting of qualified jurists shall be drawn up
and maintained by the Director-General of the Organisation. To this end, every
Member State shall be invited to nominate two conciliators, and the names of
the persons so nominated shall constitute the list. The term of a conciliator, including
that of any conciliator nominated to fill a casual vacancy, shall be five years and
may be renewed. A conciliator whose term expires shall continue to fulfil any
function for which he shall have been chosen under the following paragraph.
2. (a) When a request has been made to the Director-General under ,hi-
cle 14, the Director-General shall bring the dispute before a Conciliation
Commission constituted as follows:
The Member State or Member States constituting one of the parties to the
dispute shall appoint:
(i) one conciliator who is a citizen of that State or of one of these States
and who may or may not be chosen from the list referred to in
paragraph 1; and
(ii) one conciliator who is not a citizen of that State or of any of those
States and who shall be chosen from the list.
(b) The Member State or Member States constituting the other party
to the dispute shall appoint two conciliators in the same way. The four con-
ciliators chosen by the parties shall be appointed within thirty days following
the date on which the Director-General received the request.
(c) The four conciliators shall, within thirty days following the date sf
the last of their own appointments, appoint a fifth conciliator chosen from
the list, who shall be chairman.
(4 If the appointment of the Chairman or of any of the other conciliators
has not been made within the period prescribed above for such appointment,
it shall be made by the Director-General within thirty days following the
expiry of that period. The appointment of the Chairman may be made by
the Director-General either from the list or from the membership of the
International Law Commission. Any of the periods within which appoint-
ments must be made may be extended by agreement between the parties
to the dispute.
(e) Any vacancy shall be filled in the manner prescribed for the initial
appointment.
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3. The Conciliation Commission shall decide its own procedure. The Com-
mission, with the consent of the parties to the dispute, may invite any Member
State of the Organisation to submit to it its views orally or in writing. Decisions
and recommendations of the Commission shall be made by a majority vote of
the five members.
4. The Commission may draw the attention of the parties to the dispute
to any measures which might facilitate an amicable settlement.
5 . The Commission shall hear the parties, examine the claims and objec-
tions, and make proposals to the parties with a view to reaching an amicable
settlement of the dispute.
6. The Commission shall report within six months of its constitution. Its
report shall be deposited with the Director-General and transmitted to the parties
to the dispute. The report of the Commission, including any conclusions stated
therein regarding the facts or questions of laws, shall be binding upon the parties.
7. The Director-General shall provide the Commission with such assistance
and facilities as it may require. The expenses of the Commission shall be borne
by the Organisation.
ANNEX I
AGREEMENT ESTABLISHING
THE
EAST CARIBBEAN COMMON MARKET
T H E GOVERNMENTS OF T H E SIGNATORY STATES
DETERMINED to establish the foundation of a closer union among the peoples
of the East Caribbean;
RESOLVED to ensure by common action economic and social development of
their countries by eliminating the barriers which divide them;
AFFIRMING as the prerequisite to their efforts the continuing improvement of
the living standards and working conditions of their people;
RECOGNIZING the need for concerted action in order to guarantee steady
expansion, balanced trade, fair competition and equitable distribution of gains;
CONVINCED that the establishment of a Common Market among the Associated
States of the West Indies and the participation of such states in the Caribbean
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Free Trade Association will contribute to the rapid growth of these States and
to the ultimate creation of a viable economic community of Caribbean countries:
HAVE AGREED as follows-
Common Market
1. A Common Market to be called the East Caribbean Common Market
(hereinafter referred to as "the Common Market") is hereby established.
2. The Members of the Common Market (hereinafter referred to as
"Member States") shall be the Associated States on behalf of the Governments
of which this Agreement is ratified in accordance with Article 24 and such other
States as participate therein by virtue of Article 25.
3. For the purposes hereof-
"Associated States" means those territories which have assumed and which
maintain a status of association with the United Kingdom in accord-
ance with the West Indies Act 1967, and includes the territories of Saint
Vincent and Montserrat;
"State" means any of the Associated States and its dependencies (if any).
4. The Common Market shall operate over the territorial jurisdictions of
the Member States (which jurisdictions are hereinafter collectively referred to as
"the Market Area7').
Objectives
The objectives of the Common Market shall be-
(a) to promote in Member States-
(i) harmonious development of economic activities;
(ii) continuous economic expansion;
(iii) fair distribution of benefits derived from the Common Market;
(iv) increase econon~ic stability;
(v) accelerated improvement in the standard of living;
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24 CAP. 302) Organisation of Eastern
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(vi) closer economic relations;
(6) to facilitate the maximum inter-change of goods and services by the
progressive approximating of the economic policies of Member States.
Principles
T o achieve the objectives set out in Article 2, the activities of the Member
States shall include under the conditions and timing set out in the Agreement-
(a) the elimination, as between Member States, of customs duties and
of quantitative restrictions on the importation and exportation of goods, as
well as of all other measures with equivalent effect;
(b) subject to Article 22, the establishment of common customs tariffs
and common commercial policies towards countries and territories, not par-
ties to this Agreement;
(6) the abolition, as between Member States, of the obstacles to the free
movement of persons, services and capital;
(4 the progressive harmonization of investment and development policies,
including industrial development, treatment of non-resident business
establishments and development planning;
(e) the co-ordination of currency and financial policies;
V) the progressive harmonization of taxation policies and incentive legisla-
tion in order to promote the equitable distribution of industries among Member
States;
(g) a co-operative approach to infra-structural development especially
in the field of transport and communication;
(h) a common policy to agricultural development.
Structure of Common Market
The Common Market shall have-
(a) a Council of Ministers;
(b) a Secretariat; and
(c) such other organisations as the Council of Ministers may set up.
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ARTICLE 5
Import Duties
1. Member States shall not apply any import duties on goods which are
eligible for Market Area tariff treatment in accordance with Article 6.
2. For the purposes of this Article the term "import duties" means any
tax or surtax of customs and any other charges of equivalent effect-whether fiscal,
monetary or exchange-which are levied on imports, except duties notified under
Article 8 and other charges which fall within that Article.
3. The provisions of this Article do not apply to fees and similar charges
in respect of services rendered and nothing in paragraph 2 of this Article shall
be construed to exclude from the application of paragraph 1 of this Article any
tax or surtax of customs on any product neither the like of which, nor a com-
petitive substitute for which, is produced in the importing Member State, or to
extend such application to non-discriminatory internal charges on any such product.
4. For the purposes of paragraph 3 of this Article-
(a) "non-discriminatory" means non-discriminatory as between goods
eligible for Market Area tariff treatment as aforesaid and goods not so eligible;
(6) a charge shall not be deemed other than internal by reason only that
it is collected at the time and place of importation.
Market Area Origin for Tariff Purposes
1. For the purposes of Article 5 goods shall, subject to Annex A, be accepted
as eligible for Market Area tariff treatment if they are consigned from a Member
State to a consignee in the importing Member State and if they are of Market
Area origin under any one of the following conditions-
(a) that they have been wholly produced within the Market Area;
(6) that they fall within a description of goods listed in a Process List
to be established by decision of the Council of Ministers and have been pro-
duced within the Market Area by the appropriate qualifying process described
in such List;
(c) that they have been produced within the Market Area and that the
value of any materials imported from outside the Market Area or of undeter-
mined origin which have been used at any stage of the production of such
goods does not exceed 50 per centum of the export price of such goods.
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26 CAP. 302) 0rl;anisation of Eastern
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2. For the purposes of sub-paragraphs (a), ( b ) and (c) of paragraph 1 of
this Article, materials listed on the Basic Materials List which forms the Schedule
to Annex A, which have been used in the state described in such List in a process
of production within the Market Area, shall be deemed to contain no element
imported from outside the Market Area.
3. Nothing in this Agreement shall prevent a Member State from accept-
ing as eligible for Market Area tariff treatment any imports consigned from another
Member State:
Provided that the like imports consigned from any other Member State are
accorded the same treatment:
4. Provisions necessary for the administration and effective application of
this Article are contained in Annex A.
5. The Council of Ministers shall from time to time decide to amend the
provisions of this Article, Annex A and the Process List established under sub-
paragraph (b) of paragraph 1 of this Article.
6. The Council of Ministers shall from time to time examine in what respect
this Agreement can be amended in order to ensure the smooth operation of the
rules relating to Market Area origin for tariff purposes.
7. Nothing in this Agreement shall require a Member State to accept as
eligible for Market Area tariff treatment any imports consigned from another
Member State and consisting of, or manufactured from, oils and fats as defined
by clause 2 of the Oils and Fats Agreement, or any of such oils or fats where
such Member State is a party to the Oils and Fats Agreement, and such other
Member State is not a party to that Agreement, being the Agreement made on
the 26th January, 1967, between the Governments of Barbados, Dominica,
Grenada, Guyana, St. Lucia, St. Vincent and Trinidad and Tobago or any Agree-
ment amending or replacing the same.
The Common Customs Tariff
Member States agree to work progressively towards the establishment of a
common customs tariff on goods originating in non-member territories and coun-
tries. For this purpose Member States shall amend their tariffs applicable to non-
member territories and countries to bring them to a mutually agreed level in such
time not exceeding three years as the Council of Ministers may, by majority vote,
decide.
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Revenue Duties and Internal Taxation
1. Member States shall not-
(a) apply directly or indirectly to imported goods any fiscal charges in
excess of those applied directly or indirectly to like domestic goods, nor other-
wise apply such charges so as to afford effective protection to like domestic
goods; or
(b) apply fiscal charges to imported goods of a kind which they do not
produce, or which they do not produce in substantial quantities, in such
a way as to afford effective protection to the domestic production of goods
of a different kind which are substitutable for the imported goods, which
enter into direct competition with them and which do not bear, directly or
indirectly, in the country of importation, fiscal charges of equivalent incidence.
2. A Member State shall notify the Council of Ministers of all fiscal charges
applied by it where, although the rates of charge, or the conditions governing
the imposition of collection of the charge, are not identical in relation to the imported
goods, and to the like domestic goods, the Member State applying the charge
considers that the charge is, or has been, consistent with sub-paragraph (a) of
paragraph 1 of this Article, Each Member State shall, at the request of any other
Member State, supply information about the application of paragraph 1 of this
Article.
3. For the purposes of this Article-
"fiscal charges" means revenue duties, internal taxes and other internal charges
on goods;
"revenue duties" means customs duties and other similar charges applied
primarily for the purpose of raising revenue; and
"imported goods" means goods which are accepted as being eligible for Market
Area tariff treatment in accordance with Article 6.
Export Drawback
Each Member State may refuse to accept as eligible for Market Area tariff
treatment goods which benefit from export drawback allowed by Member States
in which the goods have undergone the processes of production which forms the
basis of the claim to Market Area origin. In applying this paragraph, each Member
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28 CAP. 302) Ol-ganisation of Eastern
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State shall accord the same treatment to imports consigned from all other Member
States.
For the purposes of this Article-
"export drawback" means any arrangement for the refund or remission, wholly
or in part, of import duties applicable to imported materials:
Provided that the arrangement, expressly or in effect, allows refund or remission
if certain goods or materials are exported, but not if they are retained
for home use;
"remission" includes exemption for materials brought into free ports and
other places which have similar customs privileges;
"duties" means-
(i) all charges on or in connection with importation, except fiscal charges -
to which Article 8 applies; and
(ii) any protective element in such fiscal charges;
"materials" includes products, parts and components used in the produc-
tion of the goods;
"process of production" includes the application of any operation or pro-
cess, with the exception of any operation or process, which consists solely
of one or more of the following-
(i) packing, wherever the packing materials may have been produced;
(ii) splitting up into lots;
(iii) sorting and grading;
(iv) marking;
(v) putting up into sets.
Dumped and Subsidised Imports
1. Nothing in this Agreement shall prevent any Member State from taking
action against dumped or subsidised imports consistent with any international
obligations to which it is subject.
2. Any products which have been exported from one Member State to a
consignee in another Member State and have not undergone any manufacturing
process since exportation shall, when reimported into the first Member State, be
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admitted free of quantitative restrictions and measures with equivalent effect. They
shall also be admitted free of customs duties and charges with equivalent effect,
that any allowance by way of drawback relief from duty or otherwise, given by
reason of the exportation from the first Member State, may be recovered.
3. If any industry in any Member State is suffering or is threatened with
material injury as the result of the importation of dumped or subsidised products
into another Member State, the latter Member State shall, at the requeet of the
former Member State, examine the possibility of taking, consistent with any
international obligations to which it is subject, action to remedy the injury or
prevent the threatened injury.
Exclusion from this Agreement
1. The provisions of this Agreement shall not affect the rights and obliga-
tions under any agreements entered into by one or more Member States prior
to the coming into force of this Agreement:
Provided however, that Member States shall take any steps at their disposal
which are necessary to reconcile the provisions of any such agreements with the
basic objectives of this Agreement:
Provided further that, in case of any non-observance of any provision of this
Agreement on the part of a Member State pursuant to its exemption in that behalf'
by virtue of the foregoing provisions of this Article, any other Member State which
considers that it would enjoy any benefit under this Agreement but for such
exemption only may, if no satisfactory settlement is reached between the Member
States concerned, refer the matter to the Council of Ministers, who may, by ma-
jority vote, authorise any Member State to suspend as regards the first-mentioned
Member State, the application of such obligation under this Agreement as the
Council of Ministers considers fit, due regard being had to the report of such
committee (if any) as may have been constituted in accordance with Article 21
to examine the matter, and paragraphs 2 and 5 of Article 20 shall apply mulath
mutandis in the case of any reference under this proviso as they apply in the case
of a reference under paragraph 1 of Article 20.
2. All such agreements shall be registered in such forms and shall be served
in such manner as the Council of Ministers may, by majority vote, decide.
3. The Council of Ministers shall annually review the observance by Member
States of the first proviso to paragraph 1 of this Article and may from time ta
time, by majority vote, recommend to any of them the taking of any steps for
the purpose of that proviso.
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4. For the purposes of this Article "agreements" means any agreements
concluded by instruments, or any agreements made in writing which the council
of Ministers decides, by majority vote, constitute agreements for these purposes.
Movement of Persons
1. The Council of Ministers shall keep under review and evaluate the steps
(if any) taken by Member States to free the movement of persons within the Com-
mon Market.
2. The Council of Ministers, having due regard to limitations justified by
reason of public order, public safety and public health, shall within a period of
three years from the date of the entry into force of this Agreement submit to Member
States proposals for the phased removal of the obstacles to the freedom of move-
ment of persons within the Common Market.
Development Policies
1. Each Member State shall work towards the progressive harmonization
of development, investment and industrial policies. This shall involve a common
policy towards development planning, industrial development (including fiscal and
other incentives to industry), non-resident persons and movement of capital.
2. The common policy towards development planning shall have as its
ultimate objective the co-ordination of development plans, as well as, the introduc-
tion of special measures for securing the establishment and distribution of industries
equitably among Member States, taking into account all relevant factors including
the need for the continued and progressive development of each Member State,
so as to facilitate complementarity, avoid unnecessary duplication and thereby
more expeditiously achieve the basic aims of this Agreement.
3. The common industrial policy shall have as its objectives:
(a) the utilization as efficiently as possible of the natural and human
resources of Member States;
(6) the increase of production and productivity in industry by ensuring
the rational development of the units of production due consideration being
given to the size of the market.
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(c) the encouragement of production among Member States of' products
which can be economically produced but which are currently irnportrd from
outside the Market Area;
(6) ensuring that a fair proportion of the returns to industry accrut. to
residents of the Member States.
4. To achieve these objectives, Member States agree within a period of
three years from the date of the entry into force of this Agreement, to thc hat-
monization of incentives extended to encourage industrial activity consistent with
this Agreement.
5 . Member States shall, on the coming into force of this Agreement
immediately abolish as between themselves, restrictions on the movement of capital
belonging to persons resident therein. Current payments connected with movements
of such capital between Member States shall not be subject to any restrictionri.
6. Member States shall, within a period of three years from the date ot
the entry into force of this Agreement, adopt a common policy towards move-
ment of capital between Member States and elsewhere, and current payments
associated with such capital.
Monetary Policy
1. Each Member State shall pursue policies aimed at using foreign curren-
cies in those activities which result in maximum economic benefit to the Member
States and encouraging the use of local currencies in all other projects when available.
Such policies shall include common treatment of non-resident capital and greater
mobilization of domestic capital for development purposes.
2. The Council of Ministers shall keep under review the monetary arld
financial situation of individual Member States as well as the general paymcnt
system of Member States as a group.
Fiscal Policy
Member States agree to the progressive harmonization of their fiscal polirics,
especially in the fields of taxation of companies and individuals and fiscal incen-
tives extended to persons engaged in industry, agriculture and tourism.
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Transport
1. The objectives of this Agreement shall be pursued by Member States
within the framework of a common transport policy.
2. With a view to the implementation of this Article, and having regard
to the special aspects of transport, Member States shall within three years of the
coming into force of this Agreement, lay down common rules governing the opera-
tion and development of inter-territorial transport within the Market Area. These
rules shall be reviewed by the Council of Ministers from time to time.
3. In the setting of common rules Member States shall ensure that such
rules do not discriminate on the basis of origin or destination of goods carried
within the Market Area.
4. In setting and reviewing the common rules due account shall be taken
of the economic situation of the carriers, and the improvement and expansion
of the transport service.
Agriculture
1. Member States agree to adopt a common agricultural policy within two
years of the coming into force of this Agreement. This policy shall relate to the
products of the soil, livestock and fisheries.
2. Member States shall set up a Committee to make recommendation on
the formulation and implementation of a common agricultural policy. Such policy
should include a harmonized approach on such matters as subsidies, price sup-
ports and market guarantees. Member States shall keep such policy under con-
stant review.
3. The Committee shall comprise one representative from each Member
State, and the services of experts from other appropriate bodies may be co-opted.
The Council of Ministers
1. The Council of Ministers shall consist of a representative at ministerial
level of each of the Governments of Member States as members and each member
shall have one vote.
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2. The Council of Ministers shall be the principal organ of the common
Market and shall be responsible for-
(a) exercising such powers and functions as are conferred upan i t by
this Agreement;
(b) supervising the application of this Agreement and keeping its opera-
tion under review;
(c) considering whether further action should be taken by Member States
in order to promote the attainment of the objectives of the Common Market
and facilitating the establishment of closer links with other countries, unions
of countries or international organisations.
3. The powers of the Common Market shall be vested in the Council of
Ministers and the Council of Ministers may delegate to the Secretariat such powers
as it thinks fit.
4. In exercising its responsibility under paragraph 2 of this Article, the
Council of Ministers may take decisions which shall be binding on all Member
States and may make recommendations to Member States.
5 . Decisions and recommendations of the Council of Ministers shall be made
by unanimous vote, except in so far as this Agreement provides otherwise. Decisions
or recommendations of the Council of Ministers shall be regarded as unanimous
unless any Member State casts a negative vote. A decision or recommendation
of the Council of Ministers pursuant to any such provision as aforesaid requires
the affirmative votes of not less than two-thirds of all Member States, and reference
in any such provision to a majority shall, in relation to the Council of Ministers
be construed accordingly.
6. The Council of Ministers may, by its decision to confer authority under
this Agreement, impose conditions to which such authority shall be subject.
7. The Council of Ministers shall take decisions for the following purpases-
(a) to lay down the Rules of Procedure of the Council of Ministers and
of any bodies of the Common Market, which may include provision that
procedural questions may be decided by majority vote;
(b) to make arrangements for the Secretariat services required by the
Common Market;
(c) to establish the financial arrangements necessary for the administrative
expenses of the Common Market and the procedure for establishing an annual
budget.
8. The expenses of administering the Common Market shall be borne by
Member States in equal shares or in such other manner as the Council of Ministers
may decide.
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The Secretariat
1. The Secretariat shall be the principal administrative organ of the Com-
mon Market and the Council of Ministers may entrust it, and may set up other
organs, committees and bodies and entrust them, with such functions as the Council
of Ministers considers necessary to assist it in accomplishing its tasks. Decisions
of the Council of Ministers pursuant to this paragraph shall be made by majority
vote.
2. In order to ensure the adequate functioning of this Agreement, the Council
of Ministers shall establish a Secretariat to administer the Common Market
arrangements. Within three months of the coming into force of this Agreement,
the Council of Ministers shall approve rules governing the proper functioning
of the Secretariat.
3. The functions of the Secretariat shall be as follows-
(a) servicing of all meetings of the Council of Ministers;
( b ) collection, collation, analysis and distribution of all information per-
tinent to the working of the Common Market;
(c) co-ordinate the work of committees and other bodies established by
the Council of Ministers, and service their meetings;
(6) supervise the workings of this Agreement and report to the Council
of Ministers all breaches of this Agreement;
(e ) report to the Council of Ministers all difficulties as they arise in the
administration of this Agreement;
V) undertake such other functions for the furtherance of this Agreement
as may be assigned to it by the Council of Ministers from time to time.
General Consultations and Complaints Procedure
1. If any Member State considers that any benefit conferred upon it by
this Agreement or any objective of the Common Market is being, or, may be
frustrated, and if no satisfactory settlement is reached between the Member States
concerned, any of these Member States may refer the matter to the Council of
Ministers.
2. The Council of Ministers shall promptly, by majority vote, make
arrangements for examining the matter. Such arrangements may include a reference
to an examining committee constituted in accordance with Article 2 1. Before taking
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action under paragraph 3 of this Article, the Council of Ministers shall so refer
the matter at the request of any Member State concerned. Member States shall
furnish all information which they can make available and shall lend their assistance
to establish the facts.
3. When considering the matter the Council of Ministers shall have regard
to whether it has been established that an obligation under this Agreement has
not been fulfilled and whether and to what extent any benefit conferred by this
Agreement or any objective of the Common Market is being or may bc frustrated.
In the light of this consideration and of the report of any examination committee
which may have been appointed, the Council of Ministers may, by majority vote,
make to any Member State such recommendations as it considers appropriate.
4. If a member State does not or is unable to comply with a recommcnda-
tion made in accordance with paragraph 3 of this Article and the Council of
Ministers finds, by majority vote, that an obligation under this Agrecrnent has
not been fulfilled, the Council of Ministers may, by majority vote, authorise any
Member State to suspend as regards the Member State which has not con~plied
with the recommendations the application of such obligations under this Agrce-
ment as the Council of Ministers, by majority vote considers appropriate.
5 . Any Member State may, at any time while the matter is under con-
sideration, request the Council of Ministers to authorise as a matter of urgency,
interim measures to safeguard its position. If it is found by majority vote of' thc
Council of Ministers that the circumstances are sufficiently serious to justify interim
action, and without prejudice to any action which it may subsequently take in
accordance with the preceding paragraphs of this Article, the Council of Ministers
may, by majority vote authorise a Member State to suspend its obligations under
this Agreement to such an extent and for such a period as the Council of Ministers.
by majority vote considers appropriate.
Examining Committee
The examining committee referred to in Article 20 shall consist of persons
selected for their competence and integrity, who in the performance of their duties,
shall neither seek nor receive instructions from any territory or from any authority
or organisation other than the Common Market. They shall be appointed. On
such terms and conditions as may be decided, by majority vote of the Council
of Ministers.
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Difficulties in Particular Sectors
1. If, in a Member State-
(a) an appreciable rise in unemployment in a particular sector of industry
or region is caused by a substantial decrease in internal demand for domestic
product; and
( 6 ) this decrease in demand is due to an increase in imports consigned
from other Member States as a result of the progressive reduction or the
elimination of duties, charges and quantitative restrictions, that Member State
may, notwithstanding any other provisions of this Agreement-
(i) limit those imports by means of quantitative restrictions to a rate
not less than the rate of such imports during any period of twelve
months which ended within twelve months of the date on which
the restrictions come into force; the restrictions shall not be con-
tinued for a period longer than eighteen months, unless the Coun-
cil of Ministers, by majority vote authorises their continuance of
such further period and on such conditions as the Council of
Ministers, by majority vote, considers appropriate; and
(ii) take such measures, either instead of or in addition to restriction
of imports in accordance with subparagraph (i) of this paragraph,
as the Council of Ministers may, by majority vote, authorise.
2. In applying measures in accordance with paragraph 1 of this Article,
a Member State shall give like treatment to imports consigned from all Member
States.
3. A Member State applying restrictions in accordance with subparagraph
( b ) (i) of paragraph 1 of this Article shall notify them to the Council of Ministers,
if possible before they come into force. The Council of Ministers may at any time
consider those restrictions and may, by majority vote, make recommendations
designed to moderate any damaging effect of those restrictions or to assist the
Member State concerned to overcome its difficulties.
4. This Article shall have effect until 30th April, 1973.
5 . Before 1st May, 1973, if the Council of Ministers considers that some
provision similar to those in paragraph 1 to 3 of this Article will be required
thereafter, it may decide that such provisions shall have effect for any period after
that date.
LAWS OF ANTIGUA AND BARBUDA
Organisation of Eastern (CAP. 302 3 7
Caribbean States
Relations with International Organisations
The Council of Ministers, shall seek to procure the establishment of such
relationships with other international organisations as may facilitate the attain-
ment of the objectives of the Common Market.
Ratifications Required for Effectiveness
1. This Agreement shall be ratified by the Signatory States in accordance
with their respective constitutional rules. The instruments of ratification shall br
deposited with the Government of Saint Lucia on or before the 28th day of June,
1968. The Government of Saint Lucia shall notify the other Signatory States of
such deposit.
2. This Agreement shall come into force on the 1st day of July, 1968.
Accession
1. Any Territory, though it be not a signatory hereto, may participate in
this Agreement, subject to prior approval of the Council of Ministers of that Ter-
ritory's participation in this Agreement on terms and conditions decided by the
Council of Ministers. The instrument duly signifying the Agreement of the Sovern-
ment of the Territory to its participation in this Agreement on the tertns and
conditions decided as aforesaid shall be deposited with the Government of Saint
Lucia which shall notify all other Member States. This Agreement shall have effect
in relation to such Territory, as, and from the time indicated in the decision of
the Council of Ministers.
2. The Council of Ministers may pursuant to any decision thereof in that
behalf seek to procure the creation of an association consisting of Member States
and any other state, union of territories, or international organisations and
embodying such reciprocal rights and obligations, common actions and special
procedures as may be appropriate.
LAWS OF ANTIGUA AND BARBUDA
3 8 CAP. 302) Organisation of Eastern
Caribbean States
Withdrawal
Any Member State may withdraw from participation in this Agreement pro-
vided that the Government thereof gives twelve months notice in writing to the
Government of Saint Lucia which shall notify the other Member States.
Amendment
Except where provision for modification is made elsewhere in this Agree-
ment, an amendment to the provisions of the Agreement shall be submitted to
the Governments of Member States for acceptance if it is approved by decision
of the Council of Ministers, and it shall have effect provided it is accepted by
all such Governments. Instruments of acceptance shall be deposited with the Govern-
ment of Saint Lucia which shall notify the other Member States.
Annex
The annex to this agreement is an integral part of this Agreement.
Legal Capacity, Privileges and Immunities
1. The legal capacity, privileges and immunities to be recognised and granted
by the Member States in connection with the Common Market shall be laid down
in a Protocol to this Agreement.
2. The Council of Ministers, acting on behalf of the Common Market,
may conclude with the Government of the State in which the headquarters will
be situated an agreement relating to the legal capacity and the privileges and
immunities to be recognised and granted in connection with the Common Market.
IN WITNESS WHEREOF the undersigned duly authorised thereto by their
respective Governments, have signed this Agreement.
Done in single copy at Grenada this 11th day of June, 1968.
LAWS OF ANTIGUA AND BARBUDA
Organisation of Eastern ( C A P . 302 39
Caribbean States --
For the Government of Antigua:
V.C. BIRD
For the Government of Dominica:
E.O. LEBLANC
For the Government of Grenada:
E.M. GAIRY
For the Government of Montserrat:
For the Government of Saint Christopher, Nevis and Anguilla:
ROBERT L. BRADSHAW
For the Government of Saint Lucia:
W.G. MALLET
For the Government of Saint Vincent:
ANNEX A
AGREEMENT ESTABLISHING
THE
EAST CARIBBEAN COMMON MARKET
Rules regarding Market Area origin for tarzff purposes
For the purpose of determining the origin of goods under Article 6 and for
the application of that Article, the following Rules shall be applied.
Rule 1-Interpretative Provisions
1. In determining the place of production of marine products and goods
produced therefrom, a vessel of a Member State shall be regarded as part sf that
LAWS OF ANTIGUA AND BARBUDA
40 CAP. 302) Organisation of Eastern
Caribbean States
State. In determining the place from which goods have been consigned, marine
products taken from the sea or goods produced therefrom at sea shall be regarded
as having been consigned from a Member State if they were taken by or produced
in a vessel of a Member State and have been brought direct to the Market Area.
2. A vessel which is registered shall be regarded as a vessel of the Member
State in which it is registered.
3. "Materials" includes products, parts and components used in the pro-
duction of the goods.
4. Energy, fuel, plant, machinery and tools used in the production of goods
within the Market Area, and materials used in the maintenance of such plant,
machinery and tools, shall be regarded as wholly produced within the Market
Area when determining the origin of those goods.
5 . "Produced" in sub-paragraph (c) of paragraph 1 of Article 6 and a "pro-
cess of production" in paragraph 2 of that Article include the application of any
operation or process, with the exception of any operation or process which con-
sists only of one or more of the following-
( a ) packing, wherever the packing materials may have been produced;
( b ) splitting up into lots;
(6) sorting and grading;
(d) marking;
(e) putting up into sets.
6. The term "producer7' includes a grower and a manufacturer and also
a person who supplies his goods otherwise than by sale to another person and
to whose order the last process in the course of the manufacture of the goods
is applied by that other person.
Rule 2-Goods wholly produced within the Market Area
For the purposes of sub-paragraph (a) of paragraph 1 of Article 6, the following
are among the products which shall be regarded as wholly produced within the
Market Area-
( a ) mineral products extracted from the ground within the Market Area;
( b ) vegetable products harvested within the Market Area;
( 6 ) live animals born and raised within the Market Area;
(d) products obtained within the Market Area from live animals;
(e) products obtained by hunting or fishing conducted within the Market
Area;
LAWS OF ANTIGUA AND BARBUDA
Organisation of Eastern (CAP. 302 41
Caribbean States
V) marine products taken from the sea by a vessel of a Member State;
@) used articles fit only for the recovery of minerals, provided that they
have been collected from users within the Market Area;
( h ) scrap and waste resulting from manufacturing operations within the
Market Area;
(11 goods produced within the Market Area exclusively from one or both
of the following-
( 1 ) products within sub-paragraphs (a) to (h) ;
(2) materials containing no element imported from outside the
Market Area or of undetermined origin.
Rule 3-Application of Percentage Criterion
For the purposes of sub-paragraph (c) of paragraph 1 of Article 6-
(a) Any materials which meet the conditions specified in sub-paragraph (a)
or (b) of paragraph 1 of that Article shall be regarded as containing no ele-
ment imported from outside the Market Area.
( b ) The value of any materials which can be identified as having been
imported from outside the Market Area shall be their C.I.F. value accepted
by the customs authorities on clearance for home use, or on temporary
admission, at the time of last importation into the Member State where they
were used in a process of production, less the amount of any transport costs
incurred in transit through other Member States.
(6) If the value of any materials imported from outside the Market Area
cannot be determined in accordance with sub-paragraph (b) of this Rule,
their value shall be the earliest ascertainable price paid for them in the Member
State where they were used in a process of production.
(d) If the origin of any materials cannot be determined, such materials
shall be deemed to have been imported from outside the Market Area and
their value shall be the earliest ascertainable price paid for them in the Member
State where they were used in a process of production.
(e) The export price of the goods shall be the price paid or payable for
them to the exporter in the Member State where the goods were produced,
that price being adjusted, where necessary, to an f.0.b. basis in that Member
State.
V) The value under sub-paragraphs (b) , (c), or (4 or the export price
under sub-paragraph (e) of this Rule may be adjusted to correspond with
the amount which would have been obtained on a sale in the open market
between buyer and seller independent of each other. This amount shall also
be taken to be the export price when the goods are not subject of a sale.
LAWS OF ANTIGUA AND BARBUDA
42 CAP. 302) O~ganisation of Eastern
Carib6ean States
Rule 4-Unit of Qualification
1. Each article in a consignment shall be considered separately.
2. For the purposes of paragraph 1 of this Rule-
(a) where the original Standard International Trade Classification specifies
that a group, set or assembly of articles is to be classified within a single
item, such a group, set or assembly shall be treated as one article;
(b) tools, parts and accessories which are imported with an article, and
the price of which is included in that of the article or for which no separate
charge is made, shall be considered as forming a whole with the article, pro-
vided that they constitute the standard equipment customarily included on
the sale of articles of that kind;
(6) in cases not within sub-paragraphs (a) and (b), goods shall be treated
as a single article if they are so treated for purposes of assessing customs
duties by the importing Member State.
3. An unassembled or disassembled article which is imported in more than
one consignment because it is not feasible for transport or production reasons
to import it in a single consignment shall, if the importer so requests, be treated
as one article.
Rule 5-Segregation of materials
1. For those products or industries where it would be impracticable for
the producer physically to segregate materials of similar character but different
origin used in the production of goods, such segregation may be replaced by an
appropriate accounting system, which ensures that no more goods received Market
Area tariff treatment than would have been the case if the producer had been
able physically to segregate the materials.
2. Any such accounting system shall conform to such conditions as may
be agreed upon by the Member States concerned in order to ensure that adequate
control measures will be applied.
Rule 6-Treatment of mixtures
1. In the case of mixtures, not being groups, set or assemblies of separate
articles dealt with under Rule 4, a Member State may refuse to accept as being
of Market Area origin any product resulting from the mixing together of goods
which would qualify as being of Market Area origin with goods which would not
so qualify, if the characteristics of the products as a whole are not essentially dif-
ferent from the characteristics of the goods which have been mixed.
2. Ln the case of particular products where it is, however, recognised by
Member States concerned to be desirable to permit mixing of the kind described
in the foregoing paragraph, such products shall be accepted as of Market Area
LAWS OF ANTIGUA AND BARBUDA
Organisation of Eastern (CAP. 302 43
Caribbean States
origin in respect of such part thereof as may be shown to correspond to the quan-
tity of goods of Market Area origin used in the mixing, subject to such conditions
as may be agreed upon.
Rule 7-Treatment of Packing
1. Where for purposes of assessing customs duties a Member State treats
goods separately from their packing, it may also, in respect of its imports consigned
from another Member State, determine separately the origin of such packing.
2. Where paragraph 1 of this Rule is not applied, packing shall be con-
sidered as forming a whole with the goods and no part of any packing required
for their transport or storage shall be considered as having been imported from
outside the Market Area, when determining the origin of the goods as a whole.
3 . For the purpose of paragraph 2 of this Rule, packing with which goods
are ordinarily sold by retail shall not be regarded as packing required for the
transport or storage of goods.
Rule 8-Documentary Evidence
1. A claim that goods shall be accepted as eligible for Market Area tariff
treatment shall be supported by appropriate documentary evidence of origin and
consignment. The evidence of origin shall consist of either-
(a) a declaration of origin completed by the last producer of the goods
within the Market Area, together with a supplementary declaration com-
pleted by the exporter in cases where the producer is not himself or by his
agent the exporter of the goods.
( 6 ) a certificate given by a government authority or authorised body
nominated by the exporting Member State and notified to the other Member
States together with a supplementary declaration completed by the exporter
of the goods.
These declarations, certificates and supplementary declarations shall be in
such form as may be agreed by the Governments of all the Signatory States,
and a copy of such Agreement shall be deposited with the Government of
Saint Lucia by which certified copies shall be transmitted to all other signatory
and participating States. The agreed forms shall, for the purposes af
paragraph 5 of Article 6 be deemed to form part of this Annex.
2. The exporter may choose either of the forms of evidence referred to
in paragraph 1 of this Rule. Nevertheless the authorities of the country of expor-
tation niay require that certain categories of goods and evidence of origin shall
be furnished in the form indicated in sub-paragraph ( b ) of that paragraph.
LAWS OF ANTIGUA AND BARBUDA
44 CAP. 302) Organisation of Eastern
Caribbean States
3. In cases where a certificate of origin is to be supplied by a governmental
authority or an authorised body under sub-paragraph (b) of paragraph 1 of this
Rule, that authority or body shall obtain a declaration as to the origin of the
goods given by the last producer of the goods within the Market Area. The govern-
mental authority or the authorised body shall satisfy themselves as to the accuracy
of the evidence provided; where necessary they shall require the production of
additional information, and shall carry out any suitable check. If the authorities
of the importing Member State so require, a confidential indication of the pro-
ducer of the goods shall be given.
4. Kominations of authorised bodies for the purpose of sub-paragraph (b)
of paragraph 1 of this Rule, may be withdrawn by the exporting Member State
if the need arises. Each Member State shall retain, in regard to its imports, the
right of refusing to accept certificates from any authorised body which is shown
to have repeatedly issued certificates in an improper manner, but such action
shall not be taken without adequate prior notifications to the exporting Member
State of the grounds for dissatisfaction.
5 . In cases where the Member States concerned recognise that it is
impracticable for the producer to make the declaration of origin specified in sub-
paragraph (a) of paragraph 1 or in paragraph 3 of this Rule, the exporter may
make that declaration in such form as those Member States may for the purpose
specify.
6. The Council of 'Ministers may decide that further or different provi-
sions concerning evidence of origin of or consignment shall apply to particular
categories of goods or classes of transactions.
Rule 9-Verification of Evidence of Origin
1. The importing Member State may as necessary require further evidence
to support any declaration or certificate of origin furnished under Rule 8.
2. The importing Member State shall not prevent the importer from taking
delivery of the goods solely on the grounds that it requires such further evidence,
but may require security for any duty or other charge which may be payable.
3. Where, under paragraph 1 of this Rule, a Member State has required
further evidence to be furnished, those concerned in another Member State shall
be free to produce it to a governmental authority or an authorised body of the
latter State, who shall, after thorough verification of the evidence, furnish an
appropriate report to the importing Member State.
4. Where it is necessary to do so by reason of its legislation, a Member
State may prescribe that requests by the authorities of importing Member States
for further evidence from those concerned in the Member State shall be addressed
to a specified governmental authority, who shall after thorough verification of
the evidence furnish an appropriate report to the importing Member State.
LAWS OF ANTIGUA AND BARBUDA
Organisation of Eastern (CAP. 302 45
Caribbean States
5 . If the importing Member State wishes an investigation to be made into
the accuracy of the evidence which it has received, it may make a request to that
effect to the other Member State or States concerned.
6. Information obtained under the provisions of this Rule by the import-
ing Member State shall be treated as confidential.
Rule 10-Sanction
1. Member States undertake to introduce legislation, making such provi-
sion as may be necessary for penalties against persons who, in their territory,
furnish or cause to be furnished a document which is untrue in a material par-
ticular in support of a claim in another Member State that goods should be accepted
as eligible for Market Area tariff treatment. The penalties applicable shall be similar
to those applicable in cases of untrue declarations in regard to payment of duty
on imports.
2. A Member State may deal with the offence out of court, if it can be
more appropriately dealt with by a compromise penalty or similar administrative
procedure.
3. A Member State shall be under no obligation to institute or continue
court proceedings, or action under paragraph 2 of this Rule-
(a) if it has not been requested to do so by the importing Member State
to which the untrue claim was made; or
(b) if, on the evidence available, the proceedings would not be justified.
SCHEDULE
BASIC MATERIALS LIST
These materials may always be regarded as originating wholly within the
"Associated Area", or, as the case may be, when used in the state described
in this list in a process of production within the "Common Market Area".
Note: The classification used in this list is in accordance with the original Stan-
dard International Trade Classification.
041-01 Wheat and spelt (including meslin) unmilled.
LAWS OF ANTIGUA AND BARBUDA
CAP. 302) Organisation of Eastern
Caribbean States
Barley unmilled.
Rye unmilled.
Oats unmilled.
Cereals unmilled (except rice and corn).
Semolina.
Malt.
Apples.
Grapes.
Potatoes (including sweet).
Hop Cones fresh or dried.
Lactose, glucose, maltose, caramel.
Cocoa beans (except flavored cocoa).
Pepper (except sweet pepper, unground) and pimento
whether unground, ground or otherwise prepared.
Spices other than ginger, cinnamon, nutmeg and mace.
Linseed.
Synthetic rubbers and rubber substitutes.
Cork, raw and waste (including natural cork in blocks and
sheets).
Silk.
Wool and other animal hair.
Jute, including jute cuttings and waste.
Vegetable fibres except cotton, jute and coir fibre.
Sulphur.
Natural graphite.
Non-ferrous metal scrap.
Sponges, fish eggs (not for food) bristles, hair and their
waste.
Natural gums, resins, balsam and lacs.
Kapok.
Crude petroleum.
Oils from fish and marine animals.
Animal oils, fats and grease (excluding lard).
Linseed oil.
Castor Oil.
Hydrogenated oils and fats.
Waxes of animals or vegetable origin.
Calcium carbide, sodium pyrophospate and white lead.
Coal tar, dyestuffs and natural indigo.
Dyeing extracts.
Tanning extracts.
Synthetic tanning materials.
Essential vegetable oils (except lime, bay, pimento, nutmeg
and orange oils).
Synthetic plastic materials in blocks, sheets, rods, tubes,
powder and other primary forms.
Casien, albumen, gelatin, glue.
Leather with the exception of sole leather.
LAWS OF ANTIGUA AND BARBUDA
Organisation of Eastern ( C A P . 302 4 7
Caribbean States
Textile yarn and thread.
Cotton Fabrics.
Textile Fabrics, other than cotton fabrics.
Twine of cotton.
Twine of hemp.
Silver, unworked and partly worked.
Platinum and other metal of platinum group, unworked and
partly worked.
Pearls unworked.
Pig iron and sponge iron (including iron and steel powder).
Ferro-alloys.
Ingots, blooms, stabs, billets, sheet bars and tin-plate bars of
iron and steel and equivalent primary forms.
Iron and steel bars
Universals, plates and sheets of iron and steel uncoated.
Hoop and strip of iron and steel (including tube strips and
steel strip for springs) coated or not.
Steel tubes and fittings, welded or drawn.
Pipes and fittings, cast whether gray iron or malleable iron.
Copper and alloys not refined and refined unwrought.
Copper and alloys of copper, worked (bars, rods, plates,
sheets, wire, pipes, tubes, casting and forgings).
Nickle and nickle alloys unwrought.
Nickle and nickle alloys, worked (bars, rods, plates, sheets,
wire, pipes, tubes, casting and forgings).
Aluminium and aluminium alloys unwrought.
Aluminium and aluminium alloys, worked (bars, rods,
plates, sheets, wire, pipes, tubes, casting and forgings).
Lead and lead alloys unwrought.
Lead and lead alloys, worked (bars, rods, plates, sheets,
wire, pipes, tubes, casting and forgings).
Non-ferrous base metals employed in metallurgy and their
alloys, n.e.s. unwrought.
Non-ferrous-base metals employed in metallurgy and their
alloys, n.e.s. worked (bars, rods, sheets, wire, pipes, tubes,
castings, and forgings).
Expanded metal of iron and steel.
Expanded metal of aluminium, copper and other non-ferrous
base metal.
Buttons and studs of all materials, except those of precious
metals and precious stones.
LAWS OF ANTIGUA AND BARBUDA
48 C A P . 302) Organisation of Eastern
Caribbean States
ANNEX I1
AMENDMENT TO EAST CARIBBEAN COMMON
MARKET AGREEMENT
Market Area Or i~ in for Tartff Purposes
THE GOVERNMENTS OF THE SIGNATORY STATES
HAVE AGREED:
To amend Article 6-1. (c) of the East Caribbean Common Market Agree-
ment by deleting the figure 50 and substituting therefor the figure 60, to read
as follows:
that they have been produced within the Market Area and that the value
of any materials imported from outside the Market Area or of unde-
termined origin which have been used at any stage of the production
of such goods does not exceed 60 per centum of the export price of such
goods.
(Done in 1975)
ANNEX I11
THE EAST CARIBBEAN COMMON MARKET
(AMENDMENT) AGREEMENT 1981
THE GOVERNMENTS OF THE SIGNATORY STATES
RECOGNISING the constitutional changes that have taken place in some
of the Member Territories since the signing of the Agreement establishing the
East Caribbean Common Market in 1968;
DESIRING that the said Agreement should be amended to reflect these con-
stitutional changes;
HAVE AGREED as follows-
. To amend the Agreement Establishing the East Caribbean Common
Market the said amendment to be called the East Caribbean Common Market
(Amendment) Agreement, 198 1.
LAWS OF ANTIGUA AND BARBUDA
Organisation of Eastern (CAP. 302 49
Caribbean States
2. Amendment of Article 1 of the Agreement.
Article 1 of the Agreement is amended by repealing paragraphs 2 and 3 and
substituting therefor the following-
"2. The Members of the Common Market (hereinafter referred to as
"Member Territories") shall be the Territories on behalf of the Govern-
ments of which this Agreement is ratified in accordance with Article 24
and such other Territories as participate therein by virtue of Article 25."
"3. For the purposes hereof-
"Member Territories" means Antigua, Dominica, Grenada, Mont-
serrat, St. Kitts-Nevis, Saint Lucia and Saint Vincent and The
Grenadines.
3. Amendment of the Agreement.
The Agreement is amended by deleting the words "Member State" wherever
they occur in the text and substituting therefor the words "Member Territory".
4. This amending Agreement shall be ratified by the Member Territories
in accordance with their respective constitutional processes. Such instruments of
ratification shall be deposited with the Government of Saint Lucia on or before
the First day of October, 1981. This Agreement shall come into force on the Fifth
day of October, 1981.
5 . For the purposes of this amending Agreement the words "Member Ter-
ritories" s h d have the same meaning as that contained in the foregoing amendment.
IN WITNESS WHEREOF the undersigned Plenipotentiaries sign this Agree-
ment in the name of their respective Governments, at , this
day of , one thousand nine hundred
and eighty-one.
For the Government of:
Antigua ................................................................
Dominica ................................................................
Grenada ................................................................
LAWS OF ANTIGUA AND BARBUDA
50 CAP. 302) Organisation of Eastern
Caribbean States
Montserrat ...............................................................
St. KittsINevis ................................................................
Saint Lucia ................................................................
Saint Vincent and
The Grenadines ................................................................
