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Caribbean Agricultural Research, etc. Act


Published: 1982-04-28

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CARIBBEPN AGRICUL TURAL RESEARCH AND
DE VELOPMEhTIhSTITWE

3

SCHEDULE (Sections 2 and 5 )
AGREEMENT ESTABLISHING THE CARIBBEAN AGRlCULTURAL

RESEARCH AND DEVELOPMENT INSTITUTE

THE CONTRACTING PARTIES:
SHARING a common determination to promote social stability and a better

quality of life for the people of the Region;
RECOGNISING the merits of a regional organisation for agricultural

reEeaTch and development;
AWARE that the solution to the problems of agriculture on a regional basis

will complement the cwent efforts towards regional economic integration
and particularly the efforts towards regional mperation in agricultural
development;

CONSCIOUS of the need for efficient and adequate national extension
seniCeS;

CONVINCED that the establishment of a regional institution for
agricultural research and development will hilitate the achievements of
these needs,

P
L
I

HEREBY AGREE AS FOLLQWS:
ARTICLE 1

ESTABLISHMENT
The Caribbean Agkukural Research and Development Institute

(hereinafter referred to as 'The Institute") is hereby established having the
membership, powers and functions hereinafter specified.

ARTICLE 2
MEMBERSHIP

1. Membership of the Institute shall be open to-

(U) States listed in the Annex to this Agreement;
(b) Any other State of the Caribbean Region which becomes a

Member or Associate Member of the Caribbean Comrnw'tx
(c) Any c m b y of the Association of Caribbean States approved by , I lRODl

the Standiig Cammittee of Ministers responsible fa AgFicuIture.
2. The States listed in the Annex to this Agreement, the Govemments of

wfiich sign this Agreement in aocordance with Article 18 and ratiFj it in
accordance with Article 19 shall become Members ofthe Institute.

ARTICLE 3
OBJECls OF THE mSTITUTE

L.N.

3
1. 7he objects ofthe Institute shall be

(a) to provide for the research and development needs of the
agn'culture of the Region as identified in national plans and
policies;

,The i"dUlii0,l O l t l l i S lmgc 1s l l l l t l i n l l 7 C L l I > ? l..U I I l R l I ~ I ? I

4 CARIBBWAGRICULTURAL RESEARCH AND
DEVELOPMENT hVSTl7VT.E

( h ) to provide an appropriate research and development service to the
agricultural sector of Member States;

(c) to provide and extend the application of new technologies in
production, processing storage and distribution of agricultural
products of Member States;

(4 to pursue for specified periods long-term research in perheni areas;
(c ) to provide for the co-ordination and integration of the research and

development efforts of Member States whae this is possible and
desirable.

to undertake teaching functions normally at the post-graduate level,
limited to the development of the relevant research by any Member
State.

(a) to seek to achieve the optimum decenhalisation of facilities.

3
v)

2. For the purposes of this Article the Institute may take such action as
may be necessary or expedient for the attainment of its objects and the
performance of its funaions.

ARTICLE 4
STRUCTURE

The Institute shall have-
(U) aGovemmentBody;
(6) a Board of Directors with a Chainnan and Deputy Chairman,
(c) an Executive Director; and
(d) such other officers and staE as may be necessary.

ARTICLE 5
WVER.WNG BODY OF THEINSTITUTE

The Standing Committee of Ministers responsible for Agriculture
(hereinailer referred to as “The Standing Committee”) shall be the Governing
body of the Institute.

2. Without prejudice to the generalities of paragra@ 1 of this Article the
Standing Committee shall have the p e r tc-

I.

(U) give general or specific policy directions to the Board of Directors;
( 6 ) appoint an Executive Director afler it has Considered the

recommendation of the Board of Directors and has consulted with
the University of the West India;

(c) appoint the Chairman of the h a r d of Directors;
(d) authorise agreements to be entered into with third countries or other

entities?
(e) appmve the budget of the Institute to be prepared annually for the

next following three financial years;

5 CARIBBWAGRICULTURAL RESEARCH AND
DE VELOPMNTINSTITUTE

v) approve the work programmes annually for the next following
three financial years.

ARTICLE 6
MEMBERSHIP OF THE BOARD

1. The composition of the Board of Directors fiaeinafIer referred to as
L.N. "the Board") shall be as follow-

One Member nominated by- I l l n W l .
(i) The Government of Antigua and Barbuda,

(ii) The Governmat of Barbados;
(iii) The Government of Belize;
(iv) The Government of the Commmwealth of Dominica;
(v) The Government of Grenada,

(vi) The Government of the Coopaative Republic of Guyana;
(vii) The Government of Jamaica;
(viii) The Gwmment of Montsarat;
(i) The Government of St Kitts and Navis;
(x) The Government of St. Lucia;
(xi) ' h e Government of St. Vicwt and the Graadies;
(xii) The Government of Trinidad and Tobago;
(xiii) The University of Guyana;
(xiv) The Caribbean Development Bank,
(xv) The Executive Director ex-o@iO,
(xvi) The Chairman;
(xvii) The University of the West Indies;

(xviii) The C a r i b Food Corporation.
2. Subject to the provisions of parappb 2 of Article 8, the Chairman and

the Executive DireEtor togetha with the representatives of the Caribbean
Community Secretariat and the Caribbean Development Bank shall sit BS
non-voting Members of the Board.

3.-(u) Alternate D m s shall be appointed by the apprviate
authorities in -dance with pantgraph 1 above.

(b) Dirwtors and Alternate Directors shall be persons of integrity and
high competence with extensive experience in Agricultme OT
Agricultural research and development 01 a d m i n i d o n or both
and shall be selected with due regard to the principle of equitable
geographical didbution.

4. Directors shall hold office for a term of three years and shall be eligible
for reappointment They shall wntinue in office until their SUCC~SSOCS shall
have been appointed and assumed office. If the office of a Director becomes
vacant before the expiation of his t m of office, the vacancy shall be tilled
by a new Director who shall be appointed in the same manna as his
predecessor and he shall hold office for the remain& ofthe term of O f f i ~ of
his predecessor.

0

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6 CARIBBEAN AGRICULTURAL RESEARCHAND
DEVELOPMENT LVSTlTUTE

ARTICLE 7
FUNCTIONS AND POWERY OF THE BOARD OF DIRECTORS

1. The Board of the Institute shall be responsible, subject to any directions
of the Standing Committee, for the genaal opaation of the Institute. It shall
implement the genesal policies of the Institute and may give the Executive
Director general instructions for the implementation ofsuch policies.

2. Without prejudice to the functions specified in paragraph I of this
Article, the Board shall- -7

make recommendations to the Standing Committee in respect of the i/
appointment ofthe Executive Director;
receive and may approve the annual report of the Executive Director
which shall include the financial report;
make recommendations for the approval annually by the Standing
Committee of the work prcgmnmes for the next following three
financial years;
make recommendations for the approval by the Standing Committee
of Estimates of Expenditure and the audited accounts of the
InstiMe;
assist the Executive D u e in seeking the support and the
resources necessary for the fulfilment of the objectives of the
Institute;
except as is othawise provided exercise control over appointments
including joint appointments and termination of appointments;
cause to be kept appropriate books of account which shall be
audited at least once a year by an auditor who shall be a qualified
and independent accountant appointed by the Board and shall also
muse to be prepared annual audited statements showing in detail the
income and expenditme of the Institute and the assets and liabilities
as they stood at the end ofthe immediate preceding financial year;
carry out such other functions as the Standing Committee may
delegate to it frwn time to time.

3. The Board may delegate to the Executive Director such of its functions
as it thinks lit, provided that no such delegation shall preclude the Board
kom so acting at anytime it thinks fit, without prejudioe however to anything
done by the Executive Director under that delegation. 0

ARTICLE 8
MEETNGS OF THE BOARD

I , The Board shall meet at least twice a year or as often as the business of
the Institute may require. A majority of Directors entitled to vote shall
constitute a quorum for any Meetings ofthe b r d .

CARIBBEAN AGRICULTURAL RESEARCH AND 7
DEVELOPMENT INSTITUTE

2. Each Director entitled to vote shall have one vote and the Chair-

3. Subject to this Agreement, the Board shall regulate its own pro-
man shall have a casting vote only.

cedure.

ARTICLE 9
CHAIRMAN OF THE BOARD

I. The Chairman of the Board shall be appointed by the Standing
Committee after considering the recommendation of the Board.

2. The Chairman of the Board while holding office shall nut be a
Director or Alternate Director of a Member State or any Body which
is represented on the Eoard.

3. The term of office of the Chairman shall be for three years and
he shall be eligible for reappointment.

4. The Deputy Chairman shall be elected by the Board from among
its Members.

ARTICLE 10
THE EXECUTIVE DlRECTOR

1. The duties of the Executive Director shall include-
(a) the day to day management and wntrol of the Institute;
(b) the control of the expenditure of the fmds of the Institute

within the approved estimates;
(c) the performance of such functions of the Board as may be

delegated to him;
(d) the organisation of special programmes and projects in further.

ance of the objects of the Institute:
(e) ensuring that the corred procedures are followed with respect

to all matters within the joint competence of the Institute and
the University of the West Indies:

V, representation, either personally, or by a nominee appointed
by h i , upon such Authorities, Boards or Committees of the
University of the West Indies as may be a@ on with the
University;

(g) the submission of an annual report to the Board;
(h) preparation annually for approval by the Board of work pro-

grammes for the next following thee. financial years;
(3 preparation mua11.y for the approval by the Board, of esti-

mates of expenditure for the next following financial year.
2. The Executive Dirstor may become a Member of the Board of

the Faculty of Agriculture, of the Academic Board, St Augustine and
of the Senate of the University.

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CARIBBEAN AGRICULTURAL RESEARCH AND
DEVELOPMENT INSTITUTE

3. In the absence or the incapacity of the Executive Director or
while that office is vacant, the Board shall make suitable arrangements
for the carrying out of the duties of the Executive Director and shall
submit such arrangements for the approval of the Standing Committee.

ARTICLB 11
STAFF OF THE INSTITUTE

1. The Institute shall appoint such members of its staff in accordance
with the estimates approved by the Standing Committee as are necessary
for the performanoe of its functions.

2. All staff appointments shall be made subject to the terms and
conditions of service determined by the Board.

ARTICLE 12
REVENUE

The revenue of the Institute shall be derived from-
(a) the annual contributions of Member States;
(b) such contributions as may be made by other States whether

within or outside the Region;
(c) such grants as may be made from any sou? for the financing

of special research. development or teachmg projecrS or for
fellowships;

(d) such fees as may be determined fmm time to time by thc
Board as fees payable to the Institute:

(e) payments made to the Institute in consideration of consultancy
services provided through the Institute:

(0 income from any other sou~ces.

ARTICLE 13
LOCATION OF' THE INSTITUTE

1. The Headquarters of the Institute shall be located in Trinidad.
2. The Executive Director shall negotiate suitable arrangements with

the University of the West Indies for the establishment of the Head-
quarters of the Institute at the St. Augustine Campus of the University
of the West Indies.

3. The conclusion of such arrangements shall bc subject to the
approval of the Standing Committee.

4. The Institute may establish in any Member State such other
research stations as may be deemed necessary by the Board.

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CARIBBEAN AGRICULTURAL RESEARCH A N D
DEVELOPMENT INSTITUTE

ARTICLE 14
RELATIONS WZTH THE UNIVERSITY

The Institute shall seek such affiliation with the University as will
promote the achievement of its objectives.

ARTICLE 15
LEGAL STATUS

1. The Institute shall possess full juridical personality.
2. The Institute shall enjoy in each Member State such legal status

and legal capacity as may be necessary for the fulfilment of its objec-
tives and the exercise of its functions. In particular the Institute shall
have the capacity t+

(U) contract;
(b ) acquire and dispose of movable and immovable property;
(c) institute legal proceedin@.

3. The Institute shall enjoy in each Member State such privileges and
immunities as may he necessary for the fulfilment of its objectives and
the exercise of its functions.

4. The Institute may co-operate with international organisations .ac-
tive in similar fields and may seek all appropriate contacts wlth a view
to co-operating with other Institutions in similar fields.

5. Upon the entry into force of this Agreement-
@) all property of every kind whatsoever which was vested imme-

diately before the entry into force of this Agreement, in the
University of the West Indies or any other Institution on be-
half of the Regional Research Centre shall be transferred to
and be vested in the Institute for the purposes of this Apree-
ment:

(b) all rights, privileges, advantages, liabilities and obligations that
immediately before the entry into force of th is Agreement
were enjoyed by or imposed upon the University of the West
Indies on behalf of the Regional Research Centre are hereby
wnferred upon or imposed upon the Institute for the purposes
of this Agreement.

ARTICLB 16
DISPUTES

1. If a dispute should arise between the Institute and a Member State
or any of the Authorities represented on the Board, such disputc shall
he submitted to arbitration by a Tribunal of three arbitrators. Each
party shall appoint one arbitrator and the two arbitrators shall appoint
a third who shall be Chairman. If within 30 days of the request for

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CARIBBEAN AGRlCULTURAL RESEARCH A N D
DEVELOPMENT INSTITUTE

arbitration either party has not appointed an arbitrator. or if within 15
days of the appointment of the second arbitrator, the third arbitrator
has not been appointed either party may request the Secretary-General
of the Caribbean Community to appoint an arbitrator.

2. The procedure of the arbitration shall be hxed by the arbitrators.
However, the third arbitrator shall be empowered to supply all rules of
procedure in any case of disagreement with resped thereto.

3. The majority vote of the arbitrators shall be s u l k h t to reach a
decision which shall be final and binding upon the parties.

ARTICLE 17
IMPLEMENTATION

Member States shall take all steps necessary for the implementation
of this Agreement.

ARTICL@ 18
SIGNATURE

This Agreement shall be depxited with the Secretariat of the Carib-
bean Community (hereinafter referred to as “the Depositary”) and Shall
be open for signature until the entry into fore of this atgeeme+ by
any of the States listed in the Annex to this Agrsement (heremafter
referred to as “the Annex’’).

ARTICLB 19
RATIFlCATlON

This Agreement and a n y amendments theretu shall be subject to
ratification by the signatories in accordance with their respective m-
stittutional procedures. Instruments of Ratification shall be depsited
with the Depositary which shall transmit certified copies to each
Member State.

h n c m 20
ENTRY INTO FORCE

This Agreement shall enter into force by the deposit of ths Instru-
ments of Ratification in accordance with Article 19 by six of the
States listed in the Annex including Barbados, Guyana. Jamaica and
Trinidad & Tobago.

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CARIBBEAN AGRICULTURAL RESEARCH AND
DEVELOPMENT INSTITUTE

Article 21
ACCESSION

1. Any State listed in the Annex which, upon the entry into force of
this Agreement has not signed this Agreement in accordance with
Article 18 and which wishes to become a Member after that date may
accede to the Agreement by deposit of appropriate Instruments of Ac-
cession with the Depositary.

2. Any State other than States listed in the Annex which becomes a
Member or Associate Memher of the Caribbean Community may accede
to the Agreement.

3. Admission to Membership under paragraph 2 of this Anicle shall
be upon such terms and conditions as the Standing Committee may de-
cide and shall take effect from the date on which the appropriate Instm-
ment of Accession is deposted with the Depositary.

Amcm 22
AMENDMENT

1. Any Member State may make proposals for amending this Agree-
ment. Swh proposals shall be submitted to the Standing Committee
for its approval through the Depositary.

2. Any proposed amendment that is approved by the Standing Com-
mittee shall be submitted to each Member State for ratification.

3. Any such amendment shall enter into force upon the deposit of
the Instruments of Ratification by all Member States.

ARTICLB 23
WITHDRAWAL

1. Any Member State may withdraw from this Agreement by giving
not less than 12 months notlce in writing to the Depositary which shall
forthwith notify other Member States.

2. A Member State Withdrawing undertakes to honour any financial
obligations duly assumed during its participation in this Agreement.

Amcm 24
INAUGURAL MEETINGS

As soon as ohis Agreement enters into force, each Member State
together with the authorities represented on the Board shall appoint

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12 CARIBBEAN AGRICULTURAL RESEARCH AND
DEVELOPMENT INSTlTUTE

the Directors of the Board in accordance with Article 6 and the
Secretary-General of the Caribbean Community shall call the Inaugural
Meeting of the Board of Directors.

ANNEX

LIST OF STATES

Antigua
Barbados
Belize
Dominica
Grenada
Guyana
Jamaica
Montserrat
St. Christopher-Nevis-Anguilla
St. Lucia
St. Vincent
Trinidad & Tobago

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