L.R.O. 1/2012
LAWS OF GUYANA
CARIBBEAN COMMUNITY (MOVEMENT OF FACTORS) ACT
CHAPTER 18:10
Act
7 of 2006
1 – 26 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation

This Chapter contains no subsidiary legislation.





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CHAPTER 18:10
CARIBBEAN COMMUNITY (MOVEMENT OF FACTORS) ACT
ARRANGEMENT OF SECTIONS SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Application of this Act. .
4. Rights of nationals of a Member State in respect of establishment,
services and capital.
5. Obligation to notify restrictions.
6. Prohibition of new restrictions.
PART II
THE RIGHT OF ESTABLISHMENT
7. Treatment of monopolies.
8. Programme to remove restrictions on establishment.
9. Minister to adopt safeguard measures.
10. Management of removal of restrictions on the rights of
establishment.
PART III
THE RIGHT TO PROVIDE SERVICES
11. Programme to remove restrictions.
12. Collateral activities by services providers.
13. Management of removal of restriction on right to provide a
service.
PART IV
THE RIGHT TO MOVE CAPITAL
14. Prohibition of new restrictions on the movement of capital.
15. Removal of restrictions on capital movements.
16. Authorisation to facilitate movement of capital.
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SECTION
17. Co-ordination of foreign exchange policies and information
exchange.
PART V
SAFEGUARD MEASURES
18. Restrictions to safeguard balance of payments.
19. Incidence and notification of restrictions.
20. Consultations for the removal of restrictions.
21. Application of restrictions on exercise of rights to resolve
difficulties.
22. Conditions for the application of restrictions.
23. Permissible restrictions.
24. Non-discrimination applying permissible restrictions.
25. General exceptions to the obligation to remove restrictions.
26. Security exceptions to obligation to remove restrictions.
PART VI
GENERAL
27. Determination of organs and bodies of the Community to be
carried out.
28. Implementation of Community standards.
29. Right to appeal to Minister for speedy review of decision of a
functionary.
30. Offences against this Act.
31. Regulations.
SCHEDULE
__________________________

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CHAPTER 18:10
CARIBBEAN COMMUNITY (MOVEMENT OF FACTORS) ACT

7 of 2006 An Act to give effect to the provisions of the Treaty
establishing the Caribbean Community, including the
CARICOM Single Market and Economy, relating to the
exercise by nationals of the Caribbean Community of
the right of establishment, the right to provide services
and the right to move capital into and within
Guyana and out of Guyana to other Member States
of the Caribbean Community and for connected
matters.
[1ST JANUARY, 2006]

Short title.

Interpretation.
PART I
PRELIMINARY
1. This Act may be cited as the Caribbean Community
(Movement of Factors) Act.
2. (1) In this Act, unless the context otherwise requires
–
“Committee of Central Bank Governors” means the body of
the Community so named in Article 18 (2) of the Treaty;
“Community” means the Caribbean Community including
the CARICOM Single Market and Economy established
by the Treaty;
“Community Council of Ministers” or “the Community
Council” means the organ of the Community so named
in Article 10 (1)(b) of the Treaty.
“Minister” means the Minster assigned responsibility for
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Foreign Trade and International Co-operation;
“Conference of Heads of Government” or “Conference”
means the organ of the Community so named in Article
10 (1)(a) of the Treaty;
“Council for Finance and Planning” means the organ of the
Community so named in Article 10 (2)(a) of the Treaty;
“Council for Trade and Economic Development” means the
organ of the Community so named in Article 10 (2)(b) of
the Treaty;
“economic enterprise” includes –
(a) any type of organization for the
production of, or the trade in, goods
or the provision of services (other
than a non-profit organisation) owned
and controlled by a national of a
Member State;
(b) an agency, branch or a subsidiary of
such enterprise of a national of a
Member State;
“Member State” means a member State of the Community
excluding an Associate Member within the meaning of
Article 231 of the Treaty;
“national” means a person who –
(a) is a citizen of a Member State;
(b) has a connection with a Member State
of a kind which entitles that person to
be regarded as belonging to or, if it be
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so expressed, as being a native or
resident of such a Member State for
the purposes of the laws thereof
relating to immigration; or
(c) is a company or other legal entity
constituted in a Member State in
accordance with the laws thereof and
which that Member State regards as
belonging to it, provided that such
company or other legal entity has
been formed for gainful purposes and
has its registered office and central
administration, and carries on
substantial activity within the
Community owned and effectively
controlled by persons mentioned in
paragraphs (a) and (b);
“non-wage-earning activity” means an activity undertaken by
a self employed person;
“right of establishment” includes the right to –
(a) engage in any non-wage-earning
activity of a commercial, industrial,
agricultural, professional or artisanal
nature;
(b) create and manage an economic
enterprise;
“service” means a service provided against remuneration
other than wages in any approved sector and “the
provision of a service” means the supply of a service –
(a) from the territory of a Member State
into the territory of another Member
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Application of
this Act.
State;
(b) in the territory of one Member State to
a service consumer of another
Member State;
(c) by a service supplier of one Member
State through commercial presence in
the territory of another Member State;
(d) by a service supplier of one Member
State through the presence of a
natural person of a Member State in
the territory of another Member State;
"Treaty" means the Revised Treaty of Chaguaramas
establishing the Caribbean Community including the
CARICOM Single Market and Economy signed at
Nassau, The Bahamas, on 5th July, 2001.
3. (1) Subject to this section and sections 7 and 9,
the provisions of this Act shall apply to –
(a) the right of establishment, and the
right to provide a service in Guyana
by a national of a Member State; and
(b) the right of a national of a Member
State to move capital into and within
Guyana and out of Guyana to another
Member State.
(2) An activity in Guyana involving the
exercise of governmental authority by a duly authorised
person shall be excluded from the operation of this Act.
(3) For the purposes of subsection (2) "an
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Rights of
nationals of a
Member State
in respect of
establishment,
services and
capital.
activity in Guyana involving the exercise of governmental
authority" means an activity conducted in Guyana neither on
a commercial basis nor in competition with one or more
economic enterprises such as –
(a) an activity conducted by the Central
Bank of Guyana or a monetary
authority or any other public entity in
pursuance of monetary or exchange
rate policies;
(b) an activity forming part of a statutory
system of social security or public
retirement plans;
(c) an activity forming part of a system of
national security or for the
establishment or maintenance of
public order;
(d) any other activity conducted by a
public entity for the account of, or
with the guarantee or using financial
resources of, the Government; and
(e) such other activity as may be
excluded by regulations made
pursuant to section 31.
4. (1) Subject to the provisions of this Act, a national
of a Member State shall enjoy -
(a) in Guyana –
(i) the right of establishment;
(ii) the right to provide a service;
and

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Schedule.

Obligation to
notify
restrictions.


Prohibition of
new
restrictions.

(b) the right to move capital into and
within Guyana and out of Guyana to
other Member States, without
discrimination on the ground of
nationality.
(2) Notwithstanding any other law, a person to
whom this subsection applies, shall, for the purposes of
the Acts mentioned in the Schedule and to the extent set out
therein in respect of each Act, be treated as if he were a
national of Guyana.
(3) Subsection (2) applies to a national exercising
or seeking to exercise a right conferred by subsection (1).
(4) The Minister may, by order which shall be
subject to negative resolution of the National Assembly,
amend the Schedule.
5. The Minister shall not later than 30th April, 2006,
notify the Council for Trade and Economic Development or
the Council for Finance and Planning, as the case may
require, any remaining restrictions on –
(a) the right of establishment and the right to
provide a service in Guyana by a national of
another Member State; and
(b) the right to move capital into and within
Guyana and out of Guyana to another
Member State, and to make current
payments and transfers.
6. Subject to the provisions of this Act, the Minister
shall not introduce new restrictions on a national of another
Member State entitled to the rights specified in section 4.

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Treatment of
monopolies.

Programme to
remove
restrictions on
establishment.

Minister to
PART II
THE RIGHT OF ESTABLISHMENT
7. (1) Notwithstanding any of the provisions of this
Act, the Minister may determine that the public interest
requires the exclusion or restriction of the right of
establishment in any industry or in a particular section of an
industry.
(2) Where a determination by the Minister has
been made pursuant to subsection (1) and results in the
continuation or establishment of –
(a) a government monopoly, the Minister
shall adopt appropriate measures to
ensure that the monopoly does not
discriminate among nationals of
Member States, save as otherwise
provided in this Act, and is subject to
the agreed rules of competition
established for an economic enterprise
of the Community; or
(b) a private sector monopoly, the
Minister shall, subject to the
provisions of this Act, adopt
appropriate measures to ensure that
national treatment is accorded to a
national of another Member State in
terms of participation in its
operations.
8. Restrictions on the right of establishment in
Guyana by a national of another Member State shall be
removed in accordance with the programme approved by
Conference in accordance with Article 33 (3) of the Treaty.
9. The Minister shall, by order, adopt measures based adopt
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safeguard
measures.

Management of
removal of
restrictions on
the rights of
establishment.
on criteria established by the competent Organ of the
Community to safeguard against manipulation or abuse of
the right of establishment, to gain an unfair advantage
against a national of Guyana or another Member State.
10. (1) In carrying out his duties under this Part, the
Minister shall use his best endeavours to ensure that a
national of another Member State of the Community desirous
of engaging in an approved economic activity in Guyana is
not impeded in the exercise of his right of establishment.
(2) Without prejudice to the generality of
subsection (1) the Minister shall -
(a) abolish administrative practices and
procedures which impede the exercise
of the right of establishment by a
national of another Member State;
(b) remove all restrictions on the
movement of managerial, technical
and supervisory staff of an economic
enterprise established by a national of
a Member State in Guyana;
(c) remove all restrictions on entering
and residing in Guyana by spouses
and immediate dependent family
members of nationals establishing
economic enterprises and of
managerial, technical and supervisory
staff of an economic enterprise of a
national of another Member State;
(d) ensure that a national of another
Member State exercising his right of
establishment has the right to acquire
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Programme to
remove
restrictions.


Collateral
activities by
service
providers.
or otherwise possess or control land,
buildings and other property
adequate for the purpose;
(e) implement Community standards to
ensure protection of the interests of
partners, members and other persons
with financial interests in companies
and other entities have rights
equivalent to those of similar entities
in other Member States;
(f) implement measures established by
the Council for Human and Social
Development for the coordination of
legislative and administrative
requirements of member States for the
conduct of non-wage-earning
activities in the Community.
PART III
THE RIGHT TO PROVIDE SERVICES
11. (1) Subject to the provisions of this Act, restrictions
on the right to provide a service in Guyana by a national of
another Member State shall be removed in accordance
with the programme approved by Conference pursuant to
Article 38(2) of the Treaty.
(2) Notwithstanding subsection (1), the Minister
may with the consent of the Council for Finance and Planning
and with the approval of the Conference, exclude certain
financial services from the application of this Act in
accordance with Article 38(2) of the Treaty.
12. Without prejudice to the provisions relating to the
right of establishment, a national exercising the right to
provide a service in Guyana may, in order to provide
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Management of
removal of
restriction on
right to provide
a service.
the service, temporarily engage in an approved activity
in Guyana under conditions no less favourable than those
enjoyed by nationals of Guyana.
13. (1) The Minister shall take such measures as may
be necessary to ensure that a national of another Member
State is not impeded in the exercise of his right to provide
a service in Guyana.
(2) Without prejudice to the generality of
subsection (1), the Minister shall -
(a) remove administrative practices and
procedures in Guyana which impede
the exercise of the right to provide a
service by a national of another
Member State;
(b) remove all restrictions on the entry
and residence in Guyana by spouses
and immediate dependent family
members of a national of another
Member State providing a service and
of the managerial, technical and
supervisory staff of such a national;
and
(c) ensure that a national of another
Member State exercising the right to
provide a service in Guyana has the
right to acquire or otherwise possess
or control land, buildings and other
property on a non-discriminatory
basis for purposes directly related to
the provision of the service.

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Prohibition of
new restrictions
on the
movement of
capital


Removal of
restrictions on
capital
movements.

THE RIGHT TO MOVE CAPITAL
14. Subject to this Act, the Minister –
(a) shall not introduce new restrictions -
(i) on the movement of capital;
(ii) on payments connected with the
movement of capital; and
(iii) on current payments and transfers;
(b) shall not render more restrictive the
operation of existing subsidiary legislation
or other law governing the movement of
capital, except as authorised by the Treaty.
15. (1) Subject to the provisions of this Act, restrictions
on the movement of all capital payments, and on all
current payments, including payments for goods and
services and other current transfers to Member States shall be
removed.
(2) For the purposes of this Part, capital and
current payments and transfers include –
(a) equity and portfolio investments;
(b) short-term bank and credit
transactions;
(c) payment of interest on loans and
amortisation;
(d) dividends and other income on
investments after taxes;
PART IV
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Authorisation
to facilitate
movement of
capital.

Coordination
of foreign
exchange
policies and
information
exchange.
Restrictions to
safeguard
balance-of-
payments.
(e) repatriation of proceeds from the sale
of assets; and
(f) other transfers and payments relating
to investment flows.
16. (1) Subject to subsection (2), the Minister shall,
where necessary, grant the authorisations required for
the movement of capital mentioned in section 15 on
a non- discriminatory basis.
(2) Loans intended for State purposes shall require
prior notification to the Government.
17. (1) The Minister shall take such measures as may
be required to coordinate the foreign exchange policies of
Guyana with those of other Member States in respect of the
movement of capital among them and with third States.
(2) The Minister shall keep the competent
authorities of other Member States informed of significant
unusual movements of capital within his knowledge to
and from third States.
PART V
SAFEGUARD MEASURES
18. (1) Subject to subsection (3), where the Minister is
satisfied that there are serious balance-of-payments and
external financial difficulties or the threat thereof, the
Minister may, consistently with international obligation
assumed by Government, adopt or maintain restrictions
to address the difficulties.
(2) The restrictions which may be adopted
or maintained pursuant subsection (1) include -

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(a) quantitative restrictions on imports;
(b) restrictions on the right of
establishment;
(c) restrictions on the right to provide a
service; and
(d) restrictions on the right to move
capital or on payments and transfers
or transactions connected therewith.
(3) The restrictions mentioned in subsection (2)
shall-
(a) subject to the provisions of this Act,
and relevant determination of
Conference, the Council for Finance
and Planning and the Council for
Trade and Economic Development, as
the case may require, not discriminate
among Member States or against
Member States in favour of third
States;
(b) at all times seek to minimise damage
to the commercial, economic or
financial interests of other Member
States;
(c) not exceed those necessary to deal
with the circumstances mentioned in
subsection (1);
(d) be temporary and not longer than
eighteen months and must be
removed progressively as the
situation mentioned in subsection (1)
improves.
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Incidence and
notification of
restrictions.


Consultations
for the removal
of restrictions.
19. (1) In determining the incidence of
restrictions mentioned in section 18, the Minister may
accord priority to activities which are essential to the
economic stability of Guyana but such restrictions shall not
be adopted or maintained for the purpose of protecting a
particular sector due regard being paid to any special
factors which may be affecting the reserves of
Government or its need for reserves.
(2) Restrictions adopted or maintained pursuant
to subsection (1) or any changes therein shall be notified
within three working days to the Council for Finance and
Planning and the Council for Trade and Economic
Development, and, in any event, the Minister shall forthwith
consult with the competent organ of the Community if
requested to do so.
20. (1) The Minister shall consult with the Council for
Finance and Planning, and, where practicable, before
the imposition of restrictions mentioned in section 18,
with the objective of being informed of any
recommendations for the removal of the restrictions.
(2) The consultations mentioned in subsection
(1) shall –
(a) designed to assist Government to
overcome its Balance-of-payments
and external financial difficulties;
(b) assess the balance-of-payments
situation of Government and the
restrictions adopted or maintained
under section 18 taking into account
inter alia –
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Application of
restrictions on
exercise rights
to resolve
difficulties.
(i) the nature and extent of the
balance-of-payments and
external financial difficulties;
(ii) the external economic and
trading environment of
Guyana; and
(iii) alternative corrective measures
which may be available.
(3) The consultations shall address the compliance
of any restrictions with section 18(3) and, in particular,
the progressive removal of restrictions in accordance with
section 18 (3)(d).
(4) In such consultations, all findings of statistical
and other facts presented by the Committee of Central Bank
Governors relating to foreign exchange, monetary reserves
and balance-of- payments shall be accepted and conclusions
shall be based on the assessment by the Committee of the
balance-of-payments and external financial situation of
Guyana.
21. (1) Where the exercise of rights conferred by this
Act creates serious difficulties in any sector of the
economy of Guyana, or results in economic hardship in any
region thereof, the Minister may, subject to the provisions of
this section, apply such restrictions on the exercise of rights
as the Minister considers appropriate in order to resolve
the difficulties or alleviate the hardships.
(2) If the Minister intends to apply
restrictions pursuant to subsection (1), the Minister shall,
prior to applying the restrictions, notify the Organ of the
Community of the Minister's intention and the nature of the
restrictions.
(3) If the Minister is unable to notify the competent
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Conditions for
the application
of restrictions.

Permissible
restrictions.

organ prior to the application of the restrictions, the Minister
shall, upon applying the restrictions, forthwith notify the
competent organ of the Community of the application and the
nature of the restrictions.
22. (1) The Minister shall, at the time of applying the
restrictions mentioned in section 21, submit to the Council for
Trade and Economic Development or the Council for Finance
and Planning, as the case may require, a programme setting
out the measures to be taken by Guyana to resolve the
difficulties or alleviate the hardships.
(2) The Minister shall act on the determinations of
the competent organ of the Community regarding -
(a) the appropriateness of the restrictions
and whether they shall continue;
(b) the adequacy of the programme and
the duration of the restrictions.
23. (1) Restrictions applied by the competent
Minister pursuant to section 21 shall be confined to those
necessary –
(a) to resolve the difficulties in the
affected sectors;
(b) to alleviate economic hardships in a
particular region;
(c) to minimise damage to the
commercial or economic interests of
other Member States;
(d) to prevent the unreasonable exercise
of rights granted by this Act;
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Non-
discrimination
applying
permissible
restrictions.



General
exceptions to
the obligation
to remove
restrictions.

(e) the exercise of which could impair the
development of the CARICOM Single
Market and Economy.
24. The Minister in applying the restrictions pursuant
to section 21 shall not discriminate on the ground of
nationality and –
(a) shall progressively relax them as relevant
conditions improve;
(b) may maintain them only to the extent that
conditions mentioned in section 21 continue
to justify their application.
25. (1) Notwithstanding any of the provisions of this
Act, the Minister shall not be precluded from taking measures
–
(a) to protect public morals or maintain
public order and safety;
(b) to protect human, animal and plant
life;
(c) to secure compliance with laws or
regulations relating to customs
enforcement, or to the classification,
grading or marketing of goods, or to
the operation of monopolies by state
enterprises or enterprises given
exclusive or special privileges;
(d) to protect intellectual property rights
or to prevent deceptive practices;
(e) relating to gold or silver;
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(f) relating to products of prison labour;
(g) relating to child labour;
(h) to protect national treasures of artistic,
historic or archaeological value;
(i) to prevent or relieve critical food
shortages in any exporting Member
State;
(j) relating to the conservation of natural
resources or the preservation of the
environment;
(k) to secure compliance with laws or
regulations which are consistent with
the provisions of the Treaty including
those relating to –
(i) the prevention of deceptive and
fraudulent practices, and the
effects of default on contracts;
(ii) the protection of the privacy of
individuals in relation to the
processing and dissemination
of personal data and the
protection of confidentiality of
individual records and
accounts;
(l) to protect existing economic activities
which are based on traditional,
historical or customary practices;
(m) to give effect to international
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Security
exceptions to
obligation to
remove
restrictions.


Determinations
of organs and
bodies of the
Community to
be carried out.
Implemen-
tation of
Community
Standards.
obligations including treaties on the
avoidance of double taxation.
(2) Nothing in subsection (l) shall be construed as
permitting the Minister to take any measure which
constitutes arbitrary or unjustifiable discrimination against
a national of another Member State.
26. Nothing in this Act shall be construed as
preventing the Minister from taking measures to –
(a) protect the essential security interests of
Guyana –
(i) relating to the supply of services
carried out directly or indirectly for
the purpose of provisioning a military
establishment;
(ii) in time of war or other public
emergency; or
(b) discharge the obligations of Guyana for the
maintenance of international peace and
security.
PART VI
GENERAL
27. The Minister shall, where an organ or body of the
Community has been authorised to make any determinations
in respect of any of the rights referred to section 4, carry out
such determination.
28. The Minister shall establish or employ as required
an appropriate mechanism to implement Community
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Right to appeal
to Minister for
speedy review
of decision of a
functionary.


Offences
against this
Act.

Regulations.
standards to determine equivalency or to accord
accreditation or mutual recognition to diplomas,
certificates and other evidence of qualifications secured
by a national of another Member State.
29. Where a functionary purports to restrict a person
in the exercise of a right under section 4, the person aggrieved
may, without prejudice to any other remedy, appeal to the
Minister for a speedy review of the decision of such
functionary.
30. Any person who, contrary to the provisions of this
Act, knowingly obstructs or otherwise impedes a national of
a Member State in the lawful enjoyment of any right
mentioned in section 4 or any right collateral thereto commits
an offence and shall be liable on summary conviction to a fine
not exceeding one hundred and twenty thousand dollars or
to imprisonment for a term not exceeding three years or
to both such fine and imprisonment.
31. (1) The Minister may make regulations generally
for giving effect to the provisions of this Act.
(2) Without prejudice to the generality of
subsection (1) the Minister may make regulations to -
(a) identify those activities in respect of
which the right of establishment shall
not apply;
(b) determine the conditions under which
the right of establishment is to be
exercised;
(c) remove restrictions on the entry of
managerial, technical and
supervisory staff to be employed in an
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s.4 SCHEDULE

economic enterprise and the spouses
and immediate dependent family
members.
____________________
Guyana Shipping Act, Cap 49:01 Sections 2 (1), 2 (g), 11(1),

Registration Act, Cap 32:03
Dental Sections 2, 7 (1) (a)

Financial Institutions Act, Cap 85:03 Sections 2 (1), 7 (1), 7 (2)

Medical Practitioners Act, Cap 32:02 Section 6 (1)(a)

Cap. 97:03
Institute of Chartered Accountants Act Sections 2, 10 (1)


Mining Act, Cap. 65:01 Section 2, 17 (1), 17 (3)


Sections 2, 6A
Sale of Travel Tickets Act, Cap. 80:08

Legislation Regulation 204B
Customs Regulations Subsidiary
Customs Act, Cap. 82:01-

Immigration Act, Cap. 14:02 Section 12 (7A)
Act Provision
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Securities Industry Act, Cap. 73:04
11(2)
Section 47 (3), (3A)
_________________________