Chapter 003:08 - CCJ Trust Fund Agreement

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/430-chapter-308-ccj-trust-fund-agreement/file

L.R.O. 1/2012
LAWS OF GUYANA
CARIBBEAN COURT OF JUSTICE TRUST FUND
AGREEMENT ACT
CHAPTER 3:08
Act
19 of 2004
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 23 ... 1/2012
LAWS OF GUYANA
2 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012
Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 3
L.R.O. 1/2012
CHAPTER 3:08
CARIBBEAN COURT OF JUSTICE TRUST FUND AGREEMENT ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Financial provisions.
4. Provisions of Article XII of the Agreement given the force of law.
5. Certificate of Minister conclusive as to contents.
6. Amendment of the Schedule.
7. Regulations.
__________________________
19 of 2004 An Act to to enable the implementation by Guyana of the
Agreement for the establishment of the Caribbean
Court of Justice Trust Fund and for purposes connected
therewith.
[4TH JANUARY, 2005]
Short title.
Interpretation.
Schedule.
1. This Act may be cited as the Caribbean Court of
Justice Trust Fund Agreement.
2. (1) In this Act –
“Agreement” means the Revised Agreement Establishing the
Caribbean Court of Justice Trust Fund the text of
which is set out in the Schedule;
“Fund” means the Caribbean Court of Justice Trust Fund.
(2) The reference in Article XI of the Agreement to
the effect that the Fund shall possess full juridical personality
shall be construed as meaning that the Fund is a body
LAWS OF GUYANA
4 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012

Financial
provisions.

Provisions of
Article XII of
the Agreement
given the force
of law.

Certificate of
Minister
conclusive as to
contents.

Amendment of
the Schedule.
corporate.
3. There shall be paid out of the Consolidated Fund,
all payments required to be made from time to time to the
Fund in respect of Guyana under the provisions of the
Agreement.
4. The provisions of Article XII of the Agreement shall
have the force of law in Guyana.
5. If in any proceedings a question arises as to the
entitlement of the Fund to any immunities or privileges under
the Agreement, a certificate issued by or under the authority
of the Minister to the effect that the Fund is or is not entitled
shall be conclusive evidence of the fact.
6. (1) Where Guyana becomes a party to any
agreement to amend the Agreement the Minister may, by
order, amend the Schedule by including therein the
amendment.
(2) An order made under subsection (1) may
contain such consequential, supplemental or ancillary
provisions (including provisions amending this Act) as
appear to the Minister to be necessary or expedient for the
purpose of giving due effect to the amendment of the
Agreement as mentioned aforesaid.
(3) Where the Agreement in the Schedule is
amended pursuant to this section, any reference in this Act
or any other instrument to the Agreement shall, unless the
context otherwise requires, be construed as a reference to the
Agreement as so amended.
(4) Every order made under this section shall be
subject to negative resolution of the National Assembly.
LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 5
L.R.O. 1/2012
Regulations.
s.2
7. The Minister may make regulations which he
considers necessary for giving effect to the provisions of this
Act.
_____________________
SCHEDULE
REVISED AGREEMENT ESTABLISHING THE CARIBBEAN
COURT OF JUSTICE TRUST FUND
The Parties to the Agreement Establishing the Caribbean
Court of Justice:
Cognisant that the Court is indispensable for the good
governance of the
Caribbean Community;
Recognising the critical role of the Court in the efficient
administration of Justice in the territories of the
Contracting Parties to the Agreement establishing the
Court;
Recognising further that the Court is vital for the structured
and efficient functioning of the CARICOM Single Market
and Economy;
Noting the provisions of Article XXVIII of the Agreement
establishing the Court which requires the expenses of the
Court and the Commission to be borne by the
Contracting Parties to the Agreement establishing the
Court;
Conscious that the financial viability of the Court is essential
LAWS OF GUYANA
6 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012
for its efficiency, effectiveness and independence in the
performance of its functions;
Bearing in mind the decision of the Twenty-Third Meeting of
the Conference of Heads of Government of the Caribbean
Community concerning the capital and recurrent
expenditures of the Court;
Determined to promote and safeguard the independence,
integrity and credibility of the Court,
Have agreed as follows:
ARTICLE I INTERPRETATION
1. In this Agreement unless the context otherwise
requires:
“Board” means the Board of Trustees of the Fund;
“Commission” means the Regional Judicial and Legal
Services Commission established under Article V of the
Agreement Establishing the Caribbean Court of Justice;
“Court” means the Caribbean Court of Justice established
under Article III of the Agreement Establishing the
Caribbean Court of Justice;
“Fund” means the Caribbean Court of Justice Trust Fund
established by Article II of this Agreement;
“Member” means a Contracting Party to the Agreement
Establishing the Caribbean Court of Justice and in
relation to which this Agreement is in force; and
“Secretary-General” means the Secretary-General of the
Caribbean Community.

LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 7
L.R.O. 1/2012
ARTICLE II
ESTABLISHMENT OF THE CARIBBEAN COURT OF
JUSTICE TRUST FUND
The Caribbean Court of Justice Trust Fund is hereby
established.
ARTICLE III PURPOSE OF FUND
The purposes of the Fund shall be to provide the resources
necessary to finance the biennial capital and operating
budget of the Court and the Commission in perpetuity.
ARTICLE IV RESOURCES OF THE FUND
1. The resources of the Fund shall consist of:
(a) the contributions of Members;
(b) income derived from operations of
the Fund or otherwise accruing to the
Fund; and
(c) contributions of third parties being
contributions which are not likely to
prejudice the independence or
integrity of the Court.
2. The Fund shall not solicit nor accept any grant, gift
or other material benefit from any source except with the
consent of all the Members.
3. A State or Territory listed in the Annex to this
Agreement:
(a) which is a Member on the date this
Agreement enters into force; or
LAWS OF GUYANA
8 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012
(b) which accedes to this Agreement
within such period as may be
determined by the Members,
shall, contribute or cause to be contributed to the Fund the
amount of the initial capital of the Fund represented by the
scale of contributions set out in the Annex.
4. A State or Territory acceding to this Agreement,
other than a State or Territory to which paragraph 3(b)
applies, shall make contributions to the Fund in accordance
with the provisions set out in its instrument of accession.
5. The Board shall review the adequacy of the
resources of the Fund, not later than two years after the entry
into force of this Agreement and thereafter at least once
within every succeeding biennium.
6. The Board shall communicate the results of the
review to the Members.
7. Where upon such a review an inadequacy in
resources is found to exist, the Members shall make
additional contributions in the proportions reflected in the
Annex to this Agreement.
8. Contributions of Members shall be made for the
purpose of the Fund without restriction as to use.
9. Financing from the Fund shall be governed by
considerations of economy, efficiency and cost effectiveness
and the need to safeguard the independence and
sustainability of the Court and the Commission.

LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 9
L.R.O. 1/2012
ARTICLE V
STRUCTURE OF THE FUND
The Fund shall have a Board of Trustees.
ARTICLE VI
COMPOSITION OF THE BOARD OF TRUSTEES
1. Subject to the provisions of this Article, the Board
of Trustees shall consist of the following or their nominees:
(a) The Secretary-General;
(b) The Vice-Chancellor of the
University of the West Indies;
(c) The President of the Insurance
Association of the Caribbean;
(d) The Chairman of the Association of
Indigenous Banks of the Caribbean;
(e) The President of the Caribbean
Institute of Chartered Accountants;
(f) The President of the Organisation of
Commonwealth Caribbean Bar
Associations;
(g) The Chairman of the Conference of
Heads of the Judiciary of Member
States of the Caribbean Community;
(h) The President of the Caribbean
Association of Industry and
Commerce; and

LAWS OF GUYANA
10 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012
(i) The President of the Caribbean
Congress of Labour.
2. There shall be a Chairman and Vice-Chairman of
the Board elected by the Board from among its members. The
Chairman and Vice-Chairman shall hold office for a period of
three years.
3. Where a trustee -
(a) resigns or dies;
(b) becomes bankrupt or otherwise
insolvent;
(c) becomes unwilling or refuses to
serve as a trustee;
(d) is convicted of an offence involving
dishonesty; or
(e) in the unanimous opinion of the
other members of the Board,
becomes unfit or incapable to act as
such, the competent institution shall
nominate a person of comparable
status or experience to act in place of
that trustee.
4. Where an institution fails to nominate a trustee in
accordance with paragraph 3 or an institution mentioned in
paragraph 1 ceases to exist, the Secretary-General may
designate a person or persons, as the case may require, to act
as a trustee.
5. Where more than three designations by the
Secretary-General are required to make up the full
complement of the Board of Trustees, the Members may, by
LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 11
L.R.O. 1/2012
consensus, propose an amendment to the Agreement in
accordance with Article XIII.
6. A trustee may resign by transmitting a written
notice in that behalf to the Chairman of the Board. Where the
Chairman wishes to resign from the office of Chairman or
Trustee, such notice shall be transmitted to the Vice-Chairman
of the Board.
ARTICLE VII
FUNCTIONS OF THE BOARD
1. The Board shall be responsible for directing the
operations of the Fund, and, for this purpose shall, in
particular, exercise the following functions:
(a) evaluate the performance of the
Fund;
(b) establish with the approval of the
Members guidelines for prudential
investment of the resources of the
Fund;
(c) establish with the approval of the
Members the financial regulations of
the Fund;
(d) appoint the Executive Officer of the
Fund;
(e) authorise the provision of resources
required for the biennial capital and
operating budget of the Court and
the Commission submitted by the
Executive Officer;

LAWS OF GUYANA
12 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012
(f) appoint an investment manager or
managers to manage the investments
of the Fund in accordance with the
investment guidelines for the Fund;
(g) approve the annual report on the
performance of the Fund for
transmission to the Members;
(h) approve the capital and operating
annual budget of the Fund;
(i) appoint an external Auditor of the
Fund;
(j) submit an annual report to the
Members, and
(k) perform such other functions as may
be necessary or appropriate for the
operations of the Fund.
2. The Board may exercise such powers and establish
such rules as may be necessary or appropriate in furtherance
of its purpose and functions consistent with this Agreement.
ARTICLE VIII
PROCEDURES OF THE BOARD
1. The Board shall hold two regular meetings each
year and may hold such other meetings as the Board
considers necessary.
2. The Board shall elect a Chairman and one Vice-
Chairman at its first regular annual meeting.
3. Each member of the Board shall have one vote.

LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 13
L.R.O. 1/2012
4. A simple majority of the members of the Board
shall constitute the quorum for any meeting of the Board.
5. Subject to paragraph 6 of this Article the Board
shall take decisions by consensus. A proposal shall be deemed
to have been adopted by consensus if no member of the Board
raised a formal objection against it during the meeting.
6. Where the Chairman of the Board determines that
a decision cannot be reached by consensus, the Chairman
shall submit the matter to a vote. In such a case the Board
shall take its decision by a majority of two-thirds of its
members.
7. Subject to this Agreement, the Board may adopt its
own rules of procedure.
ARTICLE IX
THE SEAL OF THE FUND
1. The Fund shall have and use as occasion may
require, a Seal having a device or impression with the
inscription “Caribbean Court of Justice Trust Fund.”
2. The Seal of the Fund shall be kept in the custody of
the Executive Officer and shall be affixed to documents
pursuant to a resolution of the Board in the presence of the
Chairman of the Board and the Executive Officer.
3. The Seal shall be authenticated by the signatures of
the Chairman of the Board and the Executive Officer.
ARTICLE X
FUNCTIONS OF THE EXECUTIVE OFFICER
The Executive Officer shall report to the Board and shall be
invited to participate in all its meetings, except where the
LAWS OF GUYANA
14 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012
Board considers it inexpedient, having regard to the
matters on the agenda for any meeting. The Executive
Officer shall:
(a) prepare and submit to the Board the
capital and operating annual budget
of the Fund;
(b) manage the day-to-day operations of
the Fund;
(c) employ staff and engage the services
of consultants;
(d) prepare and submit to the Board for
submission to the Members:
(i) a quarterly report on the
performance of the Fund;
(ii) an annual report on the
operations of the Fund.
(e) submit to the Board a statement of
receipts and expenditures relating to
the Fund during the preceding fiscal
year as audited by the External
Auditor;
(f) represent the Fund in relation to
third parties; and
(g) perform any other functions as may
be assigned by the Board from time
to time.

LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 15
L.R.O. 1/2012
ARTICLE XI
JURIDICAL PERSONALITY AND LEGAL CAPACITY
1. The Fund shall possess full juridical personality
and in particular capacity to:
(a) contract;
(b) acquire and dispose of immovable
and moveable property; and
(c) institute legal proceedings.
2. The principal office of the Fund shall be located in
Trinidad and Tobago.
3. The Fund shall conclude an agreement with the
Government of Trinidad and Tobago on the status, privileges
and immunities of the Fund. The agreement shall be
approved by the Board, and signed by the Chairman.
ARTICLE XII
PRIVILEGES AND IMMUNITIES
1. To enable the Board and Officers of the Fund to
fulfill the functions with which it is entrusted, the status,
immunities and privileges provided in this Article shall be
accorded to the Fund in the territories of each Member.
2. The Fund shall enjoy immunity from every form of
legal process. Its property and assets, wheresoever located
and by whomsoever held, shall be immune from all forms of
seizure, attachment or execution.
3. The archives of the Fund shall be inviolable.
4. To the extent necessary to carry out the operations
LAWS OF GUYANA
16 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012
provided for in this Agreement and subject to the provisions
of this Agreement, all property and assets of the Fund shall be
free from restrictions, regulations, controls and moratoria of
any nature.
5. The official communications of the Fund shall be
accorded by each Member the same treatment that it accords
to the official communications of other Members.
6. The Fund, its assets, property, income and its
operations and transactions, shall be exempt from all taxation,
all customs duties on goods imported for its official use and
all other imposts.
7. Notwithstanding the provisions of paragraph 6 of
this Article, the Fund will not claim exemption from imposts
that are no more than charges for public utility services.
8. Where the Fund has paid any duties, taxes or other
imposts, the Members shall make appropriate administrative
arrangements for the remission or return of the amount of
duty, tax or imposts paid.
9. Articles imported under an exemption from
customs duties as provided by paragraph 6 of this Article, or
in respect of which a remission or return of duty or tax has
been made under paragraph 8, shall not be sold in the
territory of the Member which granted the exemption,
remission or return except under conditions agreed with that
Member.
10. No tax shall be levied on or in respect of salaries
and emoluments paid by the Fund to members of the Board
or other officers, but Members reserve the right to tax their
own citizens or nationals or persons permanently resident in
the territories of such Members.
11. All officers of the Fund:
LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 17
L.R.O. 1/2012
(a) shall be exempt from the payment of
income taxes except where that
officer is a citizen, permanent
resident or national of the State
granting the exemption;
(b) shall be accorded such immunities
from immigration restrictions, alien
registration requirements and
national service obligations, and such
facilities as regards exchange control
restrictions, as are not less favourable
than those accorded by the Member
concerned to the representatives,
officials and employees of
comparable rank of any other
Member;
(c) shall be given such repatriation
facilities in time of international crisis
as are not less favourable than those
accorded by the Member concerned
to the representatives, officials and
employees of comparable rank of any
other Member.
12. The Trustees:
(a) shall be immune from all legal
process in respect of the lawful
discharge of their responsibilities
under this Agreement;
(b) shall be accorded immunities from
immigration restrictions and such
facilities as would ensure the proper
LAWS OF GUYANA
18 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012
discharge of their functions.
13. The immunities, exemptions and privileges
provided in this Article are granted in the interests of the
Fund. The Board may waive to such extent and upon such
conditions as it may determine, the immunities, exemptions
and privileges provided in this Article in cases where such
action would, in its opinion, be appropriate in the best
interests of the Fund.
14. The Executive Officer shall have the right and the
duty to waive any immunity, exemption or privilege in
respect of any other officer where, in his opinion, the
immunity, exemption or privilege would impede the course
of justice and can be waived without prejudice to the interests
of the Fund. In similar circumstances and under the same
conditions, the Board shall have the right and duty to waive
any immunity, exemption or privilege respecting the
Executive Officer, and in the case of members of the Board,
the Members shall waive such immunity.
15. The Members shall take such action as is
necessary in their own territories for the purpose of making
effective in terms of their law the principles set forth in this
Article and shall inform the Fund of the detailed action which
they have taken.
ARTICLE XIII
AMENDMENT
Any Member may submit to the Board a proposal to amend a
provision of this Agreement. The Board shall promptly
submit the proposal to all other Members. The
amendment shall take effect on the thirtieth day
following the date on which the Secretary-General
(hereinafter referred to as “the Depositary”) has received
the approval of three-quarters of the Members.

LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 19
L.R.O. 1/2012
ARTICLE XIV
SIGNATURE
This Agreement shall be open for signature until 31st March
2004, by the States and Territories listed in the Annex
hereto.
ARTICLE XV
ENTRY INTO FORCE
This Agreement shall enter into force upon signature by any
ten (10) of the States or Territories listed in the Annex
hereto.
ARTICLE XVI
RESERVATIONS
No reservations may be entered in respect of any provision of
this Agreement.
ARTICLE XVII
ANNEX
The Annex to this Agreement shall constitute an integral part
of this Agreement.
ARTICLE XVIII
ACCESSION
1. Any Member State of the Caribbean Community or
any State or Territory invited by Conference to participate in
the Court may become a Member by acceding to this
Agreement on terms and conditions agreed between it and
the Fund. Accession shall be effected by the deposit of an
instrument of accession approved by the Board. This
Agreement shall enter into force for the acceding State or
Territory on the thirtieth day following the date on which its
LAWS OF GUYANA
20 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012
instrument of accession was deposited with the Depositary.
2. Where a State or Territory, other than a State or
Territory to which paragraph 3(b) of Article IV applies,
accedes to this Agreement and undertakes to discharge its
financial obligations to the Trust Fund the Annex shall be
amended accordingly.
ARTICLE XIX
WITHDRAWAL
1. Where a Member withdraws from the Agreement
Establishing the Caribbean Court of Justice, such a Member
shall be deemed to have withdrawn from this Agreement
with effect from the date of that Member’s withdrawal from
the Agreement establishing the Caribbean Court of Justice.
2. A Member withdrawing from this Agreement shall
honour all obligations assumed by it before the effective date
of its withdrawal.
ARTICLE XX
DEPOSITARY AND REGISTRATION
1. This Agreement shall be deposited with the
Depositary.
2. This Agreement shall be registered in accordance
with the provisions of Article 102 of the Charter of the United
Nations.
DONE at Monterrey, Mexico this 12 day of January two
thousand and four, in a single copy, in the English
Language.
Signed by ............ for the Government of Antigua and
Barbuda
on the ..............day of ...........2004 .... at.................
LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 21
L.R.O. 1/2012
Signed by The Rt. Hon. Owen Arthur, Prime Minister, for the
Government of Barbados
on the 13 day of January 2004 at Monterrey, Mexico
Signed by Hon. Said W. Musa, Prime Minister, for the
Government of Belize
on the 12 day of January 2004 at Monterrey, Mexico
Signed by Hon. Roosevelt Skerrit, Prime Minister, for the
Government of the Commonwealth of Dominica
on the16 day of January 2004 at Roseau, Dominica
Signed by Dr. the Hon. Keith Mitchell, Prime Minister, for the
Government of Grenada
on the17 day of January 2004 at Roseau, Dominica
Signed by H.E. Bharrat Jagdeo, President, for the Government
of the Co- operative Republic of Guyana
on the 27 day of January 2004, at Georgetown, Guyana
Signed by ............for the Government of the Republic of Haiti
on the ............... day of ............... 200.. at ...............
Signed by The Rt. Hon. Percival J. Patterson, Prime Minister,
for the Government of Jamaica
on the 13 day of January 2004 at Monterrey, Mexico
Signed by .............for the Government of Montserrat on the
............... day of ............... 200.. at ...............
Signed by Hon. Dr. Denzil L. Douglas, Prime Minister, for the
Government of St. Kitts and Nevis
on the 13 day of January 2004 at Monterrey, Mexico
Signed by Hon. Dr. Kenny D. Anthony, Prime Minister, for
LAWS OF GUYANA
22 Cap. 3:08 Caribbean Court of Justice Trust
Fund Agreement

L.R.O. 1/2012
the Government of Saint Lucia
on the 17 day of January 2004 at Roseau, Dominica
Signed by Dr. the Hon. Ralph E. Gonsalves, Prime Minister,
for the Government of St. Vincent and the Grenadines
on the 13 day of January 2004 at Monterrey, Mexico
Signed by H.E. Dr. Runaldo R. Venetiaan, President, for the
Government of the Republic of Suriname
on the 13 day of January 2004 at Monterrey, Mexico
Signed by Hon. Patrick A.M. Manning, Prime Minister, for
the Government of the Republic of Trinidad and Tobago
on the 21 day of January 2004 at Nassau, The Bahamas
_____________________
ANNEX
CONTRIBUTION OF THE MEMBERS OF THE TRUST
FUND
MEMBERS PER CENT SHARE
Antigua and Barbuda 2.11
Barbados 12.77
Belize 3.44
Dominica 2.11
Grenada 2.11
Guyana 8.33
Haiti 1,68
Jamaica 27.09
Montserrat 0.42
St. Kitts and Nevis 2.11
Saint Lucia 2.11
St. Vincent and the Grenadines 2.11
Suriname 3.92
LAWS OF GUYANA
Caribbean Court of Justice Trust
Fund Agreement Cap. 3:08 23
L.R.O. 1/2012
MEMBERS PER CENT SHARE
Trinidad and Tobago 29.73
Total 100.00
____________________
Read Entire Law on legalaffairs.gov.gy