Association of Caribbean States (Headquarters)

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/81.09.pdf

Association of Caribbean States (Headquarters)
LAWS OF TRINIDAD AND TOBAGO

ASSOCIATION OF CARIBBEAN STATES
(HEADQUARTERS) ACT

CHAPTER 81:09

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–30 ..

L.R.O.

Act
14 of 2005

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Association of Caribbean States
2 Chap. 81:09 (Headquarters)

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

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CHAPTER 81:09

ASSOCIATION OF CARIBBEAN STATES
(HEADQUARTERS) ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.

2. Interpretation.

3. Financial provisions for giving effect to the Headquarters Agreement.

4. Certain provisions of Headquarters Agreement given force of law in
Trinidad and Tobago.

5. Entry into, residence in and departure from Trinidad and Tobago.

6. Amendment of Schedule.

SCHEDULE.

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CHAPTER 81:09

ASSOCIATION OF CARIBBEAN STATES
(HEADQUARTERS) ACT

An Act to provide for the implementation by the Government
of Trinidad and Tobago of certain of the provisions
of the Agreement between the Government of the
Republic of Trinidad and Tobago and the Association of
Caribbean States on the Headquarters of the Association
of Caribbean States and its privileges and immunities.

[20TH JULY 2005]

1. This Act may be cited as the Association of Caribbean
States (Headquarters) Act.

2. In this Act—

“Association” means the Association of Caribbean States
established by the Convention establishing the Association
of Caribbean States signed at Cartagena de Indias, Republic
of Colombia on July 24, 1994;

“Government” means the Government of the Republic of
Trinidad and Tobago;

“Headquarters” has the meaning assigned to it in Article 1 of the
Headquarters Agreement;

“Headquarters Agreement” means the Agreement, the text of
which is set out in the Schedule, between the Government
and the Association of Caribbean States regarding the
Headquarters of the Association of Caribbean States;

“Minister” means the Minister to whom responsibility for
foreign affairs is assigned.

3. (1) All sums required to be paid by the Government of
Trinidad and Tobago for the purpose of meeting the obligations

14 of 2005.

Commencement.

Short title.

Interpretation.

Schedule.

Financial
provisions for
giving effect to
the
Headquarters
Agreement.

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of Trinidad and Tobago under the Headquarters Agreement shall
be a charge on the Consolidated Fund.

(2) Any sums received by the Government from the
Association shall be paid into the Consolidated Fund.

4. Without prejudice to any other written law, the
following Articles of the Headquarters Agreement shall have the
force of law in Trinidad and Tobago:

(a) Article 3;

(b) in Article 5, paragraphs 1 and 2;

(c) in Article 10, paragraphs 2, 3, 5, 6 and 7;

(d) Article 11;

(e) Article 14;

(f) in Article 15, paragraph 1;

(g) in Article 23, paragraphs 1 to 3;

(h) Article 24;

(i) Article 25;

(j) Article 26;

(k) Article 33;

(l) in Article 34, paragraph 2;

(m) in Article 38, paragraph 1.

5. Without prejudice to the requirements of the
Immigration Act, the Government shall facilitate the entry into,
residence in and departure from Trinidad and Tobago of the
persons referred to in Article 17 of the Headquarters Agreement.

6. The Minister may, from time to time, by Order, amend
the Schedule for the purpose of bringing the Headquarters
Agreement into accord with any amendments made to the
Headquarters Agreement under Article 44 thereof.

Certain
provisions of
Headquarters
Agreement
given force of
law in Trinidad
and Tobago.

Entry into,
residence in
and departure
from Trinidad
and Tobago.
Ch. 18:01.

Amendment of
Schedule.

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SCHEDULE

AGREEMENT BETWEEN THE ASSOCIATION OF
CARIBBEAN STATES AND THE GOVERNMENT OF

THE REPUBLIC OF TRINIDAD AND TOBAGO
ON THE HEADQUARTERS OF THE ASSOCIATION

OF CARIBBEAN STATES AND ITS PRIVILEGES
AND IMMUNITIES

THE ASSOCIATION OF CARIBBEAN STATES AND
THE GOVERNMENT OF THE REPUBLIC OF

TRINIDAD AND TOBAGO

Having regard to the Convention establishing the Association of
Caribbean States of 24th July, 1994;

Taking into account the provisions of article XVII, paragraph 2, of the
Convention that provides that the Association shall conclude a Headquarters
Agreement with the Government of the Member State where it is located,
including provisions on the privileges and immunities recognized and granted;

Cognisant of the decision to locate the Headquarters of the Association
of Caribbean States in the Republic of Trinidad and Tobago;

Recognizing the need to ensure the availability of all necessary facilities
to enable the Association of Caribbean States to perform its functions as
required by the Convention;

Desiring to conclude an agreement for the purpose of regulating, in
accordance with the Convention, questions relating to the establishment and
functioning of the Association of Caribbean States in Trinidad and Tobago;

Have agreed as follows:

ARTICLE 1

DEFINITION

For the purpose of this Agreement:

(a) “Convention” means the Convention establishing the
Association of Caribbean States signed at Cartagena de
Indias, Republic of Colombia on July 24, 1994;

(b) “Association” means the Association of Caribbean States as
defined by article II of the Convention;

(Sections 2
and 6).

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(c) “Member States” has the same meaning as defined in article
IV(1) of the Convention;

(d) “Government” means the Government of the Republic of
Trinidad and Tobago;

(e) “Competent authorities” means such government, municipal
or other authorities in Trinidad and Tobago as may be
appropriate in the context and in accordance with the laws
applicable in Trinidad and Tobago;

(f) “Headquarters” means:

(i) the area, defined in the annex to this Agreement, with
the building or buildings upon it; and

(ii) any other land, buildings or part of buildings which
may be included therein by supplementary agreement
between the Association and the Government;

(g) “Secretary-General” means the Secretary-General of the
Association of Caribbean States or his authorized representative;

(h) “Secretariat” has the same meaning as defined in article XIV of
the Convention;

(i) “Laws of Trinidad and Tobago” means the Constitution of
Trinidad and Tobago, statute law and regulations made pursuant
to statutes and includes common law;

(j) “Representatives of Member States and Associate Members”
means delegates, deputy delegates, advisers and any other
accredited members of delegations;

(k) “Officials of the Association” means the Secretary-General and
any member of the staff of the Association;

(l) “Associate Member” has the same meaning as defined in
article IV(2) of the Convention;

(m) “Observers to the Association” means a State, Country,
Territory or Organization which enjoys observer status with the
Association as referred to in article V of the Convention and are
admitted as such to the Association;

(n) “Representatives of observers” means delegates, deputy delegates,
advisers and any other accredited members of delegations;

(o) “High level Officials” means the officials designated by the
Ministerial Council of the Association;

(p) “Domestic staff ” means the persons employed exclusively in
the domestic service of the representatives of Member States
and Associate Members, of the representatives of observers of
the Association and of the officials of the Association;

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(q) “Experts” means experts performing missions for the Association;

(r) “Permanent Mission” means a mission of permanent
character, representing a Member State or Associate Member;

(s) “Permanent Observer Mission” means a mission of
permanent character, representing an Observer to the Association;

(t) “Members of the Permament Mission” or “Members of the
Permanent Observer Mission” means the head of the
mission and the members of the staff;

(u) “Protocol” means the Protocol on the Privileges and
Immunities of the Association of Caribbean States;

(v) “Archives” means records and correspondence, documents,
manuscripts, maps, still and moving pictures, films and
sound recordings belonging to or held by the Association in
Trinidad and Tobago. This list being subject to amplification
based on new technological developments;

(w) “Ministerial Council” has the same meaning as defined in
article VIII of the Convention.

ARTICLE 2

THE SEAT OF THE ASSOCIATION

1. The seat of the Association is located in Trinidad and Tobago.

2. Trinidad and Tobago grants to the Association, and the Association accepts
from Trinidad and Tobago, for the permanent use and occupation by the Association,
the area as defined in the annex to this Agreement and such other facilities on such
terms and conditions as specified in supplementary agreements.

3. The Headquarters shall not be removed, either temporarily or permanently,
from the area defined in the annex to this Agreement to any other place in Trinidad and
Tobago unless the Association, with the agreement of the Government, so decides.

4. Any building or buildings outside the Headquarters which may be
temporarily used with the concurrence of the Government for meetings convened by
the Association shall be considered as included in the Headquarters.

5. Arrangements between the Government and the Association relating to the
provision by the Government of the Headquarters premises for the Secretariat and the
Services connected therewith shall be agreed in an exchange of letters between the
Secretary-General and the Government.

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ARTICLE 3

LEGAL PERSONALITY AND CAPACITY OF THE ASSOCIATION

The Association shall have international legal personality and such legal capacity
as may be necessary for the exercise of its functions and the fulfillment of its purposes
in accordance with the Convention; consequently it has, in particular, the capacity:

(a) To contract;

(b) To acquire and dispose of immovable and movable
property; and

(c) To be a party to legal proceedings.

ARTICLE 4

LAW AND AUTHORITY IN THE HEADQUARTERS

1. The Headquarters shall be under the authority and control of the Association
in accordance with this Agreement.

2. The Association shall have the power to adopt regulations, operative within
the Headquarters, for the purpose of establishing therein the conditions in all respects
necessary for the full and independent exercise of its functions.

3. The Association shall promptly inform the Government of regulations
adopted by it in accordance with paragraph 2.

4. Except as otherwise provided in this Agreement and subject to the provisions
of paragraphs 2 and 5, the laws of Trinidad and Tobago shall apply at the Headquarters.

5. No law of Trinidad and Tobago which is inconsistent with a regulation of the
Association authorized by paragraph 2 shall, to the extent of such inconsistency, be
applicable in the Headquarters.

6. Any dispute between the Association and the Government as to whether a
regulation of the Association is authorized by paragraph 2, or as to whether a law of
Trinidad and Tobago is inconsistent with any regulation of the Association authorized
by paragraph 2, shall be promptly settled by the procedure set out in article 38.
Pending such settlement, the regulation of the Association shall apply, except that
where a Trinidad and Tobago law is in effect at the commencement of the
regulation, the local law shall apply. The Host State should adopt all the means
necessary and pertinent to comply with the provisions emanating from the Convention
and according to what is established in article XVIII of the same.

7. Except as otherwise provided in this Agreement, the courts of Trinidad and
Tobago or other competent authorities shall have jurisdiction, as provided in
applicable laws, over acts done and transactions taking place in the Headquarters.

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8. The courts of Trinidad and Tobago or other competent authorities,
when dealing with cases arising out of or relating to acts done or transactions
taking place in the Headquarters, shall take into account the regulations
adopted by the Association under paragraph 2.

9. The Association may expel or exclude persons from the
Headquarters for violation of its regulations adopted under this article, or for
any other proper cause.

10. The Secretary-General shall be competent to make regulations
applicable within the Headquarters of the Association for the purpose of
establishing therein conditions for the efficient functioning of the Secretariat.

11. Without prejudice to the provisions of this article, the regulations of the
competent authorities relating to fire protection and sanitation shall be respected.

ARTICLE 5
INVIOLABILITY OF THE HEADQUARTERS

1. Save as otherwise expressly provided in this Agreement, the
Headquarters shall be inviolable. No officer or official of Trinidad and Tobago,
or other person exercising any public authority within Trinidad and Tobago,
whether administrative, police, judicial or otherwise shall enter the Headquarters
to perform any duties therein except with the express consent of, or at the request
of, the Secretary-General, and under conditions approved by him.

2. The service of legal process, including the seizure of private
property, shall not take place within the Headquarters except with the express
consent of, and under conditions approved by, the Secretary-General.

3. Without prejudice to the provisions of this Agreement, the
Association shall prevent the Headquarters from being used as a refuge from
justice by persons who are avoiding arrest under any law of Trinidad and
Tobago, or who are required by the Government for extradition, explusion or
deportation to another country, or who are endeavouring to avoid service of
legal process or judicial proceedings.

4. In case of fire or other emergency requiring prompt action to
protect lives and property or in the event that the competent authorities have
reasonable cause to believe that such an emergency has occurred, the consent of
the Secretary-General or his designate to entry of the Headquarters by the

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competent authorities shall be presumed if the Secretary-General or his
designate cannot be reached in time. Every effort shall be made to seek such
consent. In every such case however the Government shall ensure that the
measures taken are proportionate to the risks and do not unduly compromise the
control and authority of the Association mentioned in paragraph 1 of article 4.

ARTICLE 6

PROTECTION OF THE HEADQUARTERS

1. The competent authorities shall exercise due diligence to ensure that
the tranquillity of the Headquarters and free access thereto are not disturbed
by the unauthorized entry of any person or group of persons from outside or
by disturbances in its immediate vicinity, and shall provide the Headquarters
with such appropriate protection as may be required.

2. If so requested by the Secretary-General, the competent authorities
shall provide a sufficient number of police or military personnel for the
preservation of law and order in the Headquarters, and for the removal
therefrom of persons as requested.

3. The competent authorities shall take all necessary measures to ensure
that the Association shall not be dispossessed of all or any part of the
Headquarters without the express consent of the Association.

ARTICLE 7

VICINITY OF THE HEADQUARTERS

1. The competent authorities shall take all necessary steps to ensure that
the amenities of the Headquarters are not prejudiced and that the purposes for
which the Headquarters are intended are not obstructed by the use made of the
land and buildings in the vicinity of the Headquarters.

2. The Association shall take all necessary steps to ensure that the
Headquarters is not used for other purposes than those for which it is intended and
ensure that the land and buildings in its vicinity are not unreasonably obstructed.

ARTICLE 8

FLAG AND EMBLEM

The Association shall be entitled to display its flag and emblem in the
Headquarters and on vehicles used for official purposes.



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ARTICLE 9

PUBLIC SERVICES IN THE HEADQUARTERS

1. The competent authorities shall do their utmost to ensure that the
Association shall be provided, on fair and equitable terms but in any case not
less favourable than those accorded to the agencies of the Government, with
necessary utilities and public services, including but not limited to postal,
telecommunication, electricity, water, gas, sewerage, collection of waste, fire
protection and local transportation.

2. In case of any interruption or threatened interruption of any such
services, the competent authorities shall consider the needs of the Association
as being of equal importance with those of essential agencies of the
Government, and shall take steps accordingly to ensure that the work of the
Association is not prejudiced.

3. Upon the request of the competent authorities, the Secretary-General
shall make suitable arrangements to enable duly authorized representatives of
the appropriate public services to inspect, repair, maintain, reconstruct and
relocate utilities, conduits, mains and sewers within the Headquarters under
conditions which shall not unreasonably disturb the carrying out of the
functions of the Association.

ARTICLE 10

COMMUNICATIONS FACILITIES

1. For the purposes of its official communications, the Association
shall enjoy as far as is compatible with international agreements, regulations
and arrangements to which Trinidad and Tobago is a party, treatment at least
as favourable as that which is accorded to diplomatic missions in Trinidad
and Tobago and to international organizations in the matter, inter alia, of
priorities, rates and taxes applicable to mail and different forms of
telecommunications—cables, telegrams, radiograms, telephone and other
types of communications.

2. The competent authorities shall secure the inviolability of all
communications and correspondence directed to the Association, or to any
of the officials of the Association in the Headquarters, as well as all
outgoing communications and correspondence of the Association, by
whatever means or in whatever form transmitted, and they shall be immune
from censorship and from any other form of interception or interference with
their privacy. Such inviolability shall extend, without limitation by reason of



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this enumeration, to publications, still and moving pictures, films and sound
or videotape recordings dispatched to or by the Association. This list being
subject to amplification based on any new technological development.

3. The Association shall have the right to use codes and to dispatch and
receive its correspondence and other materials by courier or in sealed bags,
which shall have the same privileges and immunities as diplomatic couriers
and bags.

4. Nothing in paragraphs 2 and 3 of this article shall be construed, as
precluding the adoption of appropriate security measures in the interest of the
Republic of Trinidad and Tobago after consultation with the Secretary-General.

5. (a) The Association may estabish and operate at the Headquarters:

(i) Its own short-wave sending and receiving radio
broadcasting facilities, including emergency link
equipment which may be used on the same
frequencies, within the tolerances prescribed for the
broadcasting service by applicable Trinidad and Tobago
regulations, for radiotelegraph, radiotelephone and
similar services;

(ii) Such other radio facilities as may be specified by
supplementary agreement between the Association
and the competent authorities;

(b) The Association shall make arrangements for the operation
of the services referred to in this paragraph with the
International Telecommunication Union, the appropriate
agencies of the Government and the appropriate agencies of
other affected Governments with regard to all frequencies
and similar matters.

6. The facilities provided for in paragraph 5 may, to the extent
necessary for efficient operation, be established and operated outside the
Headquarters only with the consent of the Government.

7. If so requested by the Secretary-General, the competent authorities
shall provide for the official purposes of the Association, appropriate radio
and other telecommunication facilities in conformity with the regulations of
the International Telecommunication Union. These facilities may be
specified by supplementary agreement between the Association and the
competent authorities.

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ARTICLE 11

FREEDOM OF PUBLICATION AND BROADCASTING

The Government recognizes the right of the Association freely to
publish and broadcast within Trinidad and Tobago in the fulfillment of its
purposes set out in the Convention. It is, however, understood that the Association
shall respect any laws of Trinidad and Tobago or any international agreements to
which Trinidad and Tobago is a party, relating to publications and broadcasting.

ARTICLE 12

FREEDOM OF ASSEMBLY

1. The Government recognizes the right of the Association to convene
meetings within the Headquarters or, with the concurrence of the Government,
elsewhere in Trinidad and Tobago.

2. To ensure full freedom of assembly and discussion, Trinidad and Tobago
shall take all proper steps to guarantee that no impediment is placed in the way of
conducting the proceedings of any meeting convened by the Association.

ARTICLE 13

INVIOLABILITY OF ARCHIVES

1. The archives of the Association, wherever located, shall be inviolable.

2. The location of the archives of the Association shall be made known
to the competent authorities if it is at a place other than the Headquarters.

ARTICLE 14

IMMUNITY AND EXEMPTIONS OF THE ASSOCIATION, ITS
PROPERTY AND ASSETS

1. The Association, its property and assets shall enjoy immunity from
legal process except to the extent that the Association expressly waives this
immunity in a particular case. No waiver of immunity shall subject the
property of the Association to any measure of execution.

2. The property and assets of the Association, wherever located and by
whomsoever held, shall be immune from search, requisition, confiscation,
expropriation or any other form of seizure by executive or legislative action.

3. The property and assets of the Association shall be exempt from
restrictions, regulations, controls and moratoria of any nature.

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ARTICLE 15

EXEMPTION FROM TAXES AND CUSTOMS DUTIES

1. Within the scope of its official activities, the Association, its assets
and property, its income, and its operations and transactions, authorized by the
Convention, shall be exempt from all direct taxation, and goods imported or
exported for its official use shall be exempt from all customs duties. The
Association shall not claim exemption from taxes, which are no more than
charges for services rendered.

2. When purchases of goods or services of substantial value necessary
for the official activities of the Association are made by or on behalf of the
Association, and when the price of such goods or services includes taxes or
duties, appropriate measures shall, to the extent practicable, be taken by the
Government to grant exemption from such taxes or duties or provide for their
reimbursement. With respect to such taxes or duties, the Association shall at
all times enjoy at least the same exemptions as are granted to the heads of
diplomatic missions in Trinidad and Tobago.

3. Goods imported or purchased under an exemption provided for in
this article shall not be sold or otherwise disposed of in the territory of
Trinidad and Tobago, except under conditions agreed with the Government.

ARTICLE 16

FINANCIAL FACILITIES

1. Without being subject to any financial controls, regulations or
moratoria of any kind, the Association may freely:

(a) Purchase any currencies through authorized channels and
hold and dispose of them;

(b) Operate accounts in any currencies;

(c) Purchase through authorized channels, hold and dispose of
funds, securities and gold;

(d) Transfer its funds, securities, gold and foreign currencies to or
from any other country, or within Trinidad and Tobago; and

(e) Raise funds through the exercise of its borrowing power or
in any other manner which it deems desirable, except that
with respect to the raising of funds within Trinidad and
Tobago, the Association shall obtain the concurrence of
the Government.

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2. The Association shall, in exercising its rights under this article, pay
due regard to any representations made by the Government in so far as effect
can be given to such representations without detriment to the interests of
the Association.

ARTICLE 17

FREEDOM OF ACCESS AND RESIDENCE

1. The Government shall take all necessary measures to facilitate the
entry into and residence in Trinidad and Tobago territory and shall place no
impediment in the way of the departure from Trinidad and Tobago
territory of the persons listed below; it shall ensure that no impediment is
placed in the way of their transit to or from the Headquarters and shall afford
them any necessary protection in transit:

(a) Representatives of Member States, Associate Members and
of Observers to the Association, including alternate
representatives, advisers, experts and staff, as well as their
spouses, dependent members of their families and domestic staff;

(b) Officials of the Association, as well as their spouses,
dependent members of their families and domestic staff;

(c) Representatives of other organizations with which the
Association has as their established official relations and
who have official business with the Association as well as
spouses and dependent members of their families;

(d) Persons on mission for the Association but who are not
officials of the Association, as well as their spouses and
dependent members of their families;

(e) Representatives of the press, radio, film, television or
other information media, who have been accredited to
the Association at its discretion after consultation with
the Government;

(f) All persons invited by the Association to the Headquarters
on official business. The Secretary-General shall as occasion
demands communicate the names of such persons to the
Government before their intended entry.

2. This article shall not apply in the case of general interruptions of
transportation, which shall be dealt with as provided in article 9,
paragraph 2, and shall not impair the effectiveness of generally applicable
laws relating to the operations of means of transportation.

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3. Visas, where required for persons referred to in paragraph 1, shall be
granted without charge and as promptly as possible.

4. No activity performed by any person referred to in paragraph 1 in his
official capacity with respect to the Association shall constitute a reason for
preventing his entry into or his departure from the territory of Trinidad and
Tobago or for requiring him to leave such territory.

5. No person referred to in paragraph 1 shall be required by the
Government to leave Trinidad and Tobago save in the event of an abuse of the
right of residence, in which case the following procedures shall apply:

(a) No proceeding shall be instituted to require any such person
to leave Trinidad and Tobago except with the prior approval
of the Minister for Foreign Affairs of Trinidad and Tobago;

(b) In the case of the representative of a Member State, Associate
Member or Observer, such approval shall be given only after
consultation with the Government of the Member State,
Associate Member or Observer concerned;

(c) In the case of any other person mentioned in paragraph 1, such
approval shall be given only after consultation with the
Secretary-General, and if expulsion proceedings are taken
against any such person, the Secretary-General shall have the
right to appear or to be represented in such proceedings on
behalf of the person against whom such proceedings are
instituted; and

(d) Officials of the Association who are entitled to diplomatic
privileges and immunities under article 25 shall not be
required to leave Trinidad and Tobago otherwise than
in accordance with the customary procedure applicable to
members, having comparable rank, of diplomatic missions in
Trinidad and Tobago.

6. It is understood that persons referred to in paragraph 1 shall not be
exempt from the reasonable application of quarantine and other health regulations.

7. This article shall not prevent the requirement of reasonable
evidence to establish that persons claiming the rights granted by this article
come within the classes described in paragraph 1.

8. The Secretary-General and the competent authorities shall, at the
request of either of them, consult as to methods of facilitating entry into
Trinidad and Tobago by persons coming from abroad who wish to visit
the Headquarters and do not enjoy the privileges and immunities provided
by articles 24, 25 and 26.

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UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Association of Caribbean States
18 Chap. 81:09 (Headquarters)

LAWS OF TRINIDAD AND TOBAGO

9. The provisions of paragraph 1 of this article shall be applicable
irrespective of the relations existing between the Government and the State of
nationality of the persons concerned.

ARTICLE 18

ESTABLISHMENT OF MISSIONS

1. A Member State, or Associate Member may establish a Permanent
Mission and an Observer may establish a Permanent Observer Mission in
Trinidad and Tobago for the purposes of representation of that State to the
Association. Such mission shall be accredited to the Association.

2. A Member State, Associate Member and an Observer shall notify the
Secretary-General of their intention to establish a Permanent Mission or
Observer Mission.

3. The Secretary-General shall notify the Government of the intention
of a Member State or Associate Member or an Observer to establish a
Permanent Mission or a Permanent Observer Mission upon receipt of
such notification.

4. The Permanent Mission or the Permanent Observer Mission shall
notify the Secretary-General of the names and designations of the
members of their missions, as well as the names of spouses and dependent
members of their families.

5. The Secretary-General shall communicate to the Government a list
of persons referred to in paragraph 4 and shall revise such list from time to
time as may be necessary.

6. The Government shall provide the members of the Permanent
Mission or the Permanent Observer Mission and their spouses and
dependent members of their families with an identity card certifying that they
are enjoying the privileges, immunities and facilities specified in this
Agreement. This card shall serve to identify the holder in relation to the
competent authorities.

ARTICLE 19

PRIVILEGES AND IMMUNITIES OF MISSIONS

The Permanent Mission or the Permanent Observer Mission shall enjoy
the same privileges and immunities as are accorded to a diplomatic mission in
Trinidad and Tobago.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Association of Caribbean States
(Headquarters) Chap. 81:09 19

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L.R.O.

ARTICLE 20

PRIVILEGES AND IMMUNITIES OF MEMBERS OF MISSIONS

Members of the Permanent Mission or of the Permanent Observer Mission
shall be entitled to the same privileges and immunities as the Government
accords to the members, having comparable rank, of a diplomatic mission in
Trinidad and Tobago.

ARTICLE 21

NOTIFICATION

1. The Member States, Associate Members or the Observers shall
notify the Association of the appointment, position and title of the members
of the Permanent Mission or of the Observer Mission, their arrival, final
departure or the termination of their functions with the mission and any other
changes affecting their status that occur in the course of their service with
the mission.

2. The Association shall provide the Government with the information
referred to in paragraph 1.

ARTICLE 22

ASSISTANCE BY THE ASSOCIATION IN RESPECT
OF PRIVILEGES AND IMMUNITIES

1. The Association shall, where necessary, assist the Member States,
Associate Members or the Observers, their Permanent Missions and the
members of such missions in securing the enjoyment of the privileges and
immunities provided for under this Agreement.

2. The Association shall, where necessary, assist the Government in
securing the discharge of the obligations of the Member States, Associate
Members and of the Observers, their missions and members of such missions in
respect of the privileges and immunities provided for under this Agreement.

ARTICLE 23

PRIVILEGES AND IMMUNITIES OF THE REPRESENTATIVES OF
MEMBER STATES, ASSOCIATE MEMBERS AND OF OBSERVERS

1. Representatives of Member States, Associate Members and Observers
attending meetings convened by the Association shall, while exercising their



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Association of Caribbean States
20 Chap. 81:09 (Headquarters)

LAWS OF TRINIDAD AND TOBAGO

functions and during their journey to and from the place of meeting, enjoy
the following privileges and immunities:

(a) Immunity from personal arrest or detention and from seizure
of their personal and official baggage;

(b) Immunity in respect of words spoken or written and all acts
done by them in their official capacity as representatives and
immunity from legal process of every kind. Such immunity
shall continue although the persons entitled have ceased to
be representatives;

(c) Inviolability for all papers and documents;

(d) The right to use codes and to receive papers or
correspondence by courier or in sealed bags;

(e) Exemption from immigration restrictions, alien registration
and national service obligations;

(f) The same facilities in respect of currency or exchange
restrictions as are accorded to representatives of foreign
Governments on temporary official missions;

(g) The same immunities and facilities in respect of their
personal baggage as are accorded to diplomatic agents;

(h) Such other privileges, immunities and facilities not
inconsistent with the foregoing as diplomatic agents enjoy,
except that they shall have no right to claim exemption from
customs duties on goods imported (otherwise than as part of
their personal baggage) or from other duties or taxes; and also

(i) Enjoyment of the same protection and repatriation facilities as
are accorded to members of diplomatic missions in Trinidad
and Tobago, in times of national or international crisis.

2. The facilities, privileges and immunities granted to the
representatives of Member States and Associate Members and Observers in
paragraph 1(a), (e) and (i) shall extend to their spouses and dependent
members of their families.

3. In order to secure, for the representatives of Member States,
Associate Members and Observers attending meetings convened by the
Association, complete freedom of speech and independence in the discharge of
their duties, the immunity from legal process in respect of words spoken or
written and all acts done by them in discharging their duties shall continue to
be accorded, notwithstanding that the persons concerned are no longer the
representatives of Member States, Associate Members or Observers.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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(Headquarters) Chap. 81:09 21

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L.R.O.

4. Where the incidence of any form of taxation depends upon
residence, periods during which the representatives of Member States,
Associate Members or Observers attending meetings convened by the
Association are present in a State for the discharge of their duties shall not be
considered as periods of residence.

5. Privileges and immunities are accorded to the representatives of
Member States, Associate Members and Observers, not for the personal benefit
of the individuals themselves, but in order to safeguard the independent
exercise of their functions in connection with the Association. Consequently a
Member State, Associate Member or an Observer not only has the right but is
under a duty to waive the immunity of its representative in any case where in
the opinion of that entity the immunity would impede the course of justice,
and it can be waived without prejudice to the purpose for which the immunity
is accorded.

6. The provisions of paragraphs 1, 2, 3 and 4 are not applicable as
between a representative and the authorities of the Member State, Associate
Member or Observer of which he is a national or of which he is or has been
the representative.

7. The Association shall communicate to the Government in due time
the names of the representatives referred to in this article.

ARTICLE 24

PRIVILEGES AND IMMUNITIES OF THE OFFICIALS
OF THE ASSOCIATION

1. Without prejudice to article 25, the officials of the Association shall
enjoy within the territory of the Republic of Trinidad and Tobago, the
following privileges and immunities:

(a) Immunity from legal process in respect of words spoken
and written, and of notwithstanding that the persons
concerned may have ceased to be officials of the acts
performed by them in their official capacity; such immunity
to continue Association;

(b) Immunity from personal arrest or detention in relation to
acts performed by them in their official capacity;

(c) Immunity from inspection and seizure of personal and
official baggage, except in case of flagrante delicto. In such
cases the competent authorities shall immediately inform the
Secretary-General. Inspections shall in the case of personal

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Association of Caribbean States
22 Chap. 81:09 (Headquarters)

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baggage be conducted only in the presence of the official
concerned or his authorized representative, and in the case of
official baggage, in the presence of the Secretary-General;

(d) Exemption from taxation in respect of salaries and
emoluments paid or any other form of payment made by
the Association;

(e) Exemption for officials, other than citizens of Trinidad and
Tobago, from any form of taxation on income derived by
them from sources outside Trinidad and Tobago;

(f) Granting without charge, of drivers permits for automobiles
and other vehicles to the officials of the Association, their
spouses, children and their dependents;

(g) Exemption from immigration restrictions and alien
registration procedures;

(h) Exemption for officials, other than citizens of Trinidad and
Tobago, extended to their spouses, children and dependents,
from all obligatory national service;

(i) Exemption for themselves for the purpose of official
business from any restrictions, movements and travel inside
Trinidad and Tobago;

(j) In regard to foreign exchange, including holding accounts in
foreign currencies, enjoyment of the same facilities as are
accorded to members of diplomatic missions in Trinidad
and Tobago;

(k) Enjoyment of the same protection and repatriation facilities
as are accorded members of diplomatic missions in Trinidad
and Tobago, in times of national or international crisis. This
provision shall not apply to citizens of Trinidad and Tobago.

(l) The right to import for personal use, free of duty, taxes or
any other charges now in force or which may be created in
the future:

(i) Their furniture, household and personal effects, in
one or more separate shipments and thereafter to
import necessary additions to the same;

(ii) In accordance with the relevant laws of Trinidad and
Tobago, one automobile, every three (3) years, and in
cases where the official is accompanied by
dependents, a second automobile on the basis of
representations to the Government by the Secretary-
General; however, where the Secretary-General

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Association of Caribbean States
(Headquarters) Chap. 81:09 23

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L.R.O.

and the Government agree in particular cases,
replacement may take place at an earlier date in the
event of loss, extensive damage or otherwise.
Automobiles may be sold in Trinidad and Tobago
after their importation, subject to the laws concerning
the payment of customs duties and established
diplomatic practice in Trinidad and Tobago during his
or her assignment. After three (3) years such
automobiles can be sold without payment of customs
duties and other taxes;

(iii) Reasonable quantities of certain articles including
liquor, tobacco, cigarettes and foodstuffs, for personal
use or consumption and not for gift or sale.

2. Facilities, privileges and immunities of the spouses, children
and dependents:

(i) The facilities, privileges and immunities granted to
officials of the Association in paragraphs 1(g), 1(h),
1(i) and 1(k) shall extend to their spouses, children
and dependents as long as they remain part of the
official’s household and do not engage in
employment or in the exercise of a profession or an
activity. The Secretary-General will communicate the
names of those persons related to the official of the
Association in order that the Ministry of Foreign
Affairs may issue identification cards indicating
their status.

(ii) Where the spouse, child or dependent indicates an
intention to engage in employment or in the exercise
of a profession or an activity, work permits will only
be denied them in those instances where Trinidad and
Tobago nationals must be employed for reasons of
security in accordance with Trinidad and Tobago law.

(iii) The spouse, children or dependent who engages in
employment in Trinidad and Tobago will comply with
the laws, regulations and procedures which govern
the exercise of the profession or activity in which
they are engaged.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Association of Caribbean States
24 Chap. 81:09 (Headquarters)

LAWS OF TRINIDAD AND TOBAGO

ARTICLE 25

ADDITIONAL PRIVILEGES AND IMMUNITIES OF THE SECRETARY-
GENERAL AND HIGH LEVEL OFFICIALS DESIGNATED BY THE

MINISTERIAL COUNCIL OF THE ASSOCIATION

1. The Secretary-General shall be accorded the same privileges and
immunities as are accorded to heads of diplomatic missions in Trinidad
and Tobago.

2. Such high level officials designated by the Ministerial Council, shall
enjoy the privileges and immunities which the Government confers on those
members of similar rank at a diplomatic mission in Trinidad and Tobago.

ARTICLE 26

PRIVILEGES AND IMMUNITIES OF EXPERTS

1. Experts, other than the officials of the Association, while
performing the functions assigned to them by the Association or in the course
of their travel to take up these functions or perform these duties, shall enjoy
the following privileges, immunities and facilities that are necessary for the
effective exercise of their duties:

(a) Immunity from legal process in respect of words spoken
and written and all acts performed by them in their official
capacity, such immunity to continue notwithstanding that
the persons concerned may have ceased to exercise their
functions with the Association;

(b) Immunity from personal arrest or detention in relation to
acts performed by them in their official capacity;

(c) Immunity from inspection and seizure of personal and
official baggage, except in cases of flagrante delicto. In such
cases the competent authorities shall immediately inform the
Secretary-General. Inspections shall in the case of personal
baggage be conducted only in the presence of the official
concerned or his authorized representative, and in the case of
official baggage, in the presence of the Secretary-General;

(d) Exemption from taxation in respect of the salaries and
emoluments paid or any other form of payment made by
the Association, provided that nationals of Trinidad and
Tobago may enjoy such exemptions as may be accorded by
the Government;

(e) Inviolability of all papers, documents and other official material;



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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(Headquarters) Chap. 81:09 25

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L.R.O.

(f) The right, for the purpose of all communications with the
Association, to use codes and to dispatch or receive papers,
correspondence or other official material by courier or in
sealed bags;

(g) Exemption from immigration restrictions, alien registration
and national service obligations;

(h) Enjoyment of the same protection and repatriation facilities
as are accorded to the members of diplomatic missions in
Trinidad and Tobago in times of national or international crisis;

(i) The same privileges with respect to currency and exchange
restrictions as are accorded to representatives of foreign
Governments on temporary official missions.

2. The facilities, privileges and immunities granted to experts in
paragraphs 1(g) and (h) shall extend to their spouses and dependent
family members.

ARTICLE 27

WAIVER OF IMMUNITY OF THE OFFICIALS OF THE
ASSOCIATION AND EXPERTS

Privileges and immunities are granted to the officials of the Association
and experts in the interests of the Association and not for their own personal
benefit. The Secretary-General shall have the right and duty to waive the
immunity of any official of the Association or expert in any case where, in his
opinion, the immunity would impede the course of justice and can be waived
without prejudice to the interests of the Association.

ARTICLE 28

LIST OF OFFICIALS OF THE ASSOCIATION AND EXPERTS

The Secretary-General shall communicate to the Government a list of
persons referred to in articles 24, 25 and 26 and shall revise such list from
time to time as may be necessary.

ARTICLE 29

ABUSE OF PRIVILEGE OR IMMUNITY

1. The Secretary-General shall take every precaution to ensure that no
abuse of a privilege or immunity conferred by this Agreement shall occur, and
for this purpose the Ministerial Council shall adopt rules and regulations as
may be deemed necessary and expedient, for officials of the Association.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Association of Caribbean States
26 Chap. 81:09 (Headquarters)

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2. Should the Government consider that an abuse of a privilege or
immunity conferred by this Agreement has occurred, the Secretary-General
shall, upon request, consult with the Government to determine whether any
such abuse has occurred. If such consultations fail to achieve a result
satisfactory to the Secretary-General and to the Government, the matter shall
be determined in accordance with the procedure set out in article 38.

ARTICLE 30

IDENTITY CARD

The Government shall provide the officials of the Association and the
experts with an identity card certifying that they are enjoying the privileges,
immunities and facilities specified in this Agreement. This card shall also
serve to identify the holder in relation to the competent authorities.

ARTICLE 31

COOPERATION WITH THE COMPETENT AUTHORITIES

The Association shall cooperate at all times with the competent authorities
to facilitate the proper administration of justice, secure the observance of police
regulations and avoid the occurrence of any abuse in connection with the
privileges, immunities and facilities mentioned in this Agreement.

ARTICLE 32

RESPECT FOR THE LAWS OF TRINIDAD AND TOBAGO

Without prejudice to the privileges, immunities and facilities
accorded by this Agreement, it is the duty of all persons enjoying such
privileges, immunities and facilities to respect the laws of Trinidad and
Tobago. They also have the duty not to interfere in the internal affairs of
Trinidad and Tobago.

ARTICLE 33

SOCIAL SECURITY AND PENSION FUNDS

1. The Association shall be exempt from all compulsory contributions
to, and officials of the Association shall not be required by the Government to
participate in the National Insurance scheme of Trinidad and Tobago.

2. The Government shall make such provision as may be necessary to
enable any official of the Association who is not afforded social security
coverage by the Association to participate, if the Association so requests, in



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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(Headquarters) Chap. 81:09 27

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the National Insurance scheme of Trinidad and Tobago. The Association shall,
in so far as possible, arrange, under conditions to be agreed upon, for the
participation in the Trinidad and Tobago National Insurance scheme, of those
locally recruited members of its staff to whom the Association does not grant
social security protection at least equivalent to that offered under the laws of
Trinidad and Tobago.

ARTICLE 34

RESPONSIBILITY, LIABILITY AND INSURANCE

1. Trinidad and Tobago shall not incur by reason of the location of the
Headquarters within its territory any international responsibility for acts or
omissions of the Association or of its officials acting or abstaining from acting
within the scope of their functions, other than the international responsibility
which Trinidad and Tobago would incur as a member of the Association.

2. Without prejudice to its immunities under this Agreement, the
Association shall carry insurance to cover liability for any injury or
damage arising from activities of the Association in Trinidad and Tobago or
from its use of the Headquarters that may be suffered by persons other than
the officials of the Association, or by the Government. To this end, the
competent authorities shall make every reasonable effort to secure for the
Association, at reasonable rates, insurance coverage permitting claims to be
submitted directly to the insurer by parties suffering injury or damage. Such
claims and liability shall, without prejudice to the privileges and immunities
of the Association, be governed by the laws of Trinidad and Tobago.

ARTICLE 35

SECURITY

Without prejudice to the performance by the Association of its functions
in a normal and unrestricted manner, the Government may take every
preventive measure to preserve the national security of Trinidad and Tobago
after consultation with the Secretary-General.

ARTICLE 36

RESPONSIBILITY OF THE GOVERNMENT

Whenever this Agreement imposes obligations on the competent
authorities, the ultimate responsibility for the fulfillment of such obligations
shall rest with the Government.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Association of Caribbean States
28 Chap. 81:09 (Headquarters)

LAWS OF TRINIDAD AND TOBAGO

ARTICLE 37

CHANNELS OF COMMUNICATION

The Government and the Association shall settle by agreement the
channels through which the parties will communicate regarding the
application of the provisions of this Agreement or any question connected
with the headquarters premises. If the Secretary-General so requests, the
competent authority shall appoint a special representative for the purpose of
liaison with the Secretariat.

ARTICLE 38

SETTLEMENT OF DISPUTES

1. The Association shall make suitable provisions for the proper
settlement of:

(a) Disputes arising out of contracts, or disputes of a private law
character to which the Association is a party;

(b) Disputes involving an official of the Association or any
person who by reason of his official position enjoys
immunity, if such immunity has not been waived.

2. Any dispute between the Association and the competent authorities
concerning the interpretation or application of this Agreement or of any
supplementary agreement, or any question affecting the Headquarters or the
relationship between the Association and the Government which is not settled by
consultation, negotiation or other agreed mode of settlement within three months
following such a request by one of the parties to the dispute, shall be referred, at
the request of either party to the dispute, for a final and binding decision to a
panel of three arbitrators: one to be nominated by the Secretary-General, one to
be nominated by the Government. If either or both of the nominations are not
made within six weeks following the request for arbitration, the Secretary-
General of the Organisation of American States (OAS) shall proceed to make the
appointment. The third arbitrator, who shall be the chairman of the panel, shall
be chosen by the first two arbitrators. Should the first two arbitrators fail to agree
upon the appointment of the third arbitrator within three weeks following the
nomination or appointment of the first two arbitrators, such third arbitrator shall
be chosen by the Secretary-General of the OAS at the request of the Association
or the Government. The tribunal so established shall make a determination
within three months from the date of its establishment. A majority vote of the
arbitration tribunal shall be sufficient to make a final and binding decision. The
Chairman of the tribunal shall be competent to settle all questions of procedure
in any case where there is disagreement with respect thereto.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Association of Caribbean States
(Headquarters) Chap. 81:09 29

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ARTICLE 39

APPLICATION OF THE AGREEMENT

This Agreement shall apply irrespective of whether the Government
maintains diplomatic relations with a Member State, Associate Member or an
observer. It shall be applied to all persons entitled to privileges and
immunities under this Agreement, regardless of their nationality and
irrespective of whether a similar privilege or immunity is granted to
diplomatic agents or nationals of Trinidad and Tobago.

ARTICLE 40

INTERPRETATION

This Agreement shall be interpreted in the light of its primary
purpose which is to enable the Secretariat to discharge its responsibilities fully
and efficiently so as to enable the Association to attain its objectives.

ARTICLE 41

APPLICATION OF THE PROTOCOL

The Association shall enjoy such other privileges and immunities as
provided for in the Protocol.

ARTICLE 42

RELATIONSHIP BETWEEN THIS AGREEMENT AND
THE PROTOCOL

The provisions of this Agreement shall be complementary to the
provisions of the Protocol. In so far as any provision of this Agreement and
any provisions of the Protocol relate to the same subject-matter, the two
provisions shall, wherever possible, be treated as complementary, so that both
provisions shall be applicable and neither shall narrow the effect of the other;
but in any case of conflict, the provisions of this Agreement shall prevail.

ARTICLE 43

SUPPLEMENTARY AGREEMENTS

The Association and the Government may enter into such
supplementary agreements as may be necessary.



UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Association of Caribbean States
30 Chap. 81:09 (Headquarters)

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ARTICLE 44

AMENDMENTS

Consultations with respect to amendments to this Agreement shall be
entered into at the request of either party, and such amendments shall be made
by mutual consent. Amendments to this Agreement shall enter into force
immediately upon signature by the parties.

ARTICLE 45

TERMINATION OF THE AGREEMENT

This Agreement and any agreement supplementary thereto shall cease
to have effect one year after either party has given notice in writing to the
other party of its decision to terminate the Agreement, except for such
provisions as may be applicable in connection with the orderly termination of
the operations of the Association at its Headquarters in Trinidad and Tobago
and the disposal of its property therein.

ARTICLE 46

FINAL PROVISIONS

This Agreement shall enter into force provisionally upon its signature
and definitively when the Government shall have communicated to the
Association that it has completed all the necessary internal legal requirements
for giving legal effect to its provisions.

Done at Port-of-Spain this 27th day of August, 1997, in three originals in
English, French and Spanish.

For the Association of For the Government of the Republic
Caribbean States of Trinidad and Tobago

ANNEX

The area referred to in article 2, paragraph 2, of this Agreement
consists at this date of office space at 11-13, Victoria Avenue, Port-of-Spain
which the Association occupies since the 12th September, 1996.

UNOFFICIAL VERSION


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