CAB International (Regional Centre)
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Act
9 of 1989
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–11 ..
CAB INTERNATIONAL (REGIONAL CENTRE) ACT
CHAPTER 39:55
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 39:55
CAB INTERNATIONAL (REGIONAL CENTRE) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Agreement to have force of law.
4. Amendment to Agreement.
5. Certificate of Minister conclusive as to contents.
6. Regulations.
SCHEDULE.
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CHAPTER 39:55
CAB INTERNATIONAL (REGIONAL CENTRE) ACT
An Act to provide for the implementation of the Agreement
between the Government of the Republic of Trinidad and
Tobago and the CAB International establishing a Regional
Centre of the CAB International in Trinidad and Tobago.
[29TH MARCH 1989]
1. This Act may be cited as the CAB International (Regional
Centre) Act.
2. In this Act—
“Agreement” means the agreement between the Government of
the Republic of Trinidad and Tobago and the CAB
International regarding the establishment of a Regional
Centre of the CAB International in Trinidad and Tobago and
the text of which is set out in the Schedule;
“Organisation” means the Regional Centre of the CAB
International (formerly known as the Commonwealth
Agricultural Bureau) established under the Agreement;
“Minister” means the Minister to whom responsibility for External
Affairs is assigned.
3. Subject to this Act, the provisions of Articles III, IV, V
and VIII of the Agreement shall have the force of law in Trinidad
and Tobago.
4. Where any amendment to the Agreement is accepted by
the Government, the Minister may by Order amend the Schedule
in order to bring it into accord with such amendment.
5. Where in any proceedings, a question arises as to the
entitlement of the Organisation or any other person to any
immunities or privileges under this Act, a certificate issued by
or under the authority of the Minister to the effect that the
Organisation or other person is or is not entitled shall be
conclusive evidence of the fact.
9 of 1989.
Commencement.
Short title.
Interpretation.
Schedule.
Agreement to
have force of
law.
Amendment to
Agreement.
Certificate of
Minister
conclusive as to
contents.
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6. The Minister may make Regulations which he considers
necessary for giving effect to the provisions of this Act.
Regulations.
SCHEDULE
(THE AGREEMENT)
Preamble
WHEREAS CAB International is an international organisation providing scientific
and related services, information and training in agricultural and allied sciences,
with headquarters situated at Wallingford, United Kingdom; and
Whereas the Government of the Republic of Trinidad and Tobago, hereinafter
referred to as “the Government”, is a member of CAB International; and
Whereas the Government and CAB International desire to co-operate in the
establishment of a Regional Centre; and
Whereas the Government assures CAB International of such support as it
may be able to give in the expansion of its work programmes in Trinidad and
Tobago and the Region; and
Whereas under its Constitution CAB International shall enjoy in the territory
of each member government such privileges and immunities as may be necessary
to enable it to fulfil its purpose and carry out the function entrusted to it; and
Whereas the Government of Trinidad and Tobago is willing to grant such
privileges and immunities;
Now, therefore, the Government of Trinidad and Tobago and CAB
International, parties to this Agreement, have agreed as follows:
ARTICLE I
DEFINITIONS
(a) “Regional Centre” means the Regional Centre of the CAB
International and includes any buildings and the land ancillary
thereto as may be utilised for the purposes of such
Regional Centre;
(b) Head of the Regional Centre is the person designated as
Regional Representative by CAB International with the duty
of managing the Regional Centre;
(c) “Officers and staff of the Regional Centre” means any member
of the international staff of CAB International including
personnel contracted by CAB International stationed in
Trinidad and Tobago;
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(d) “Property” means all assets including buildings, funds,
income and rights;
(e) “The Government” means the Government of the Republic of
Trinidad and Tobago;
(f) “CAB International” includes the Institutes, Bureaux, Regional
Centres and offices belonging to it;
(g) “Dependent Children” means children, including step-children
and legally adopted children, being under the age of 18 and
unemployed and shall include children beyond the age of 18
if they are mentally or physically incapacitated.
ARTICLE II
ESTABLISHMENT OF REGIONAL CENTRE
1. CAB International hereby undertake to reconstitute and maintain the
CIBC Station at Curepe as a Regional Centre of the CAB International. The
Regional Centre will provide scientific and related services and information in
agricultural and allied sciences in Trinidad and Tobago and in the region.
2. The Government hereby undertakes to grant security of tenure to
CAB International by way of grant of leasehold title to the land described in
the Schedule of Properties attached hereto for the use and occupancy of the
Regional Centre.
3. The Regional Centre shall be headed by a Regional Representative
appointed by CAB International and staffed by such other personnel as may be
appointed by CAB International.
ARTICLE III
LEGAL STATUS
CAB International shall have legal personality and, in particular, shall have
the capacity—
(a) to contract;
(b) to acquire and dispose of immovable and movable
property; and
(c) to institute legal proceedings.
ARTICLE IV
IMMUNITY AND PROTECTION OF THE
REGIONAL CENTRE
1. CAB International and its property shall enjoy immunity from suit
and legal process, except in respect of a civil action for damage alleged to have
been caused by a motor vehicle belonging to or operated on behalf of the CAB
International or in respect of a traffic offence involving that motor vehicle.
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2. Property of CAB International shall be immune from search requisition,
confiscation and expropriation.
3. The Regional Centre shall be inviolable and shall be under the control
and authority of CAB International.
4. All records, correspondence, documents and other material of the
Regional Centre shall be inviolable.
5. All communications to and from the Regional Centre shall be immune
from censorship or interference with their privacy.
ARTICLE V
PROPERTY OF CAB INTERNATIONAL
CAB International, its property and its operation and transactions shall be
exempt from—
(a) all income or corporate taxes and taxes, duties or rates (other
than such as represent payment for specific services);
(b) all Customs duties and related taxes on any goods, articles,
spare parts, publications, films and sound recordings and
specimens imported or exported by CAB International for its
official use, and any obligation for the payment, withholding
or collection of any Customs duties. Any goods and articles
imported under such exemption may not be disposed of except
with the approval of the Government;
(c) all prohibition and restrictions on the import and export of
items mentioned in paragraph (b) except for required
quarantine procedures. The Regional Centre shall consult the
Ministry of Food Production, Marine Exploitation, Forestry
and the Environment to inform itself of the quarantine
requirements and procedures for specimens to be imported,
and to obtain the Ministry’s approval if necessary;
(d) all duties and related taxes in respect of the importation or
acquisition of motor vehicles in accordance with the terms
and conditions under which international organisations in the
Republic of Trinidad and Tobago are permitted to import motor
vehicles or acquire them locally.
ARTICLE VI
FINANCIAL FACILITIES
The Government shall grant to the Centre facilities for the opening and
maintenance of an external account in any commercial bank in Trinidad and
Tobago in accordance with Foreign Exchange Control Regulations.
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ARTICLE VII
ACCESS AND RESIDENCE
1. The “Director General” of CAB International and members of staff of
the Regional Centre together with their spouses and dependent children, shall
be immune from immigration restrictions and alien registration.
2. Applications for visas, where required, from officials of CAB
International, when accompanied by a Certificate testifying that they are
travelling on the business of CAB International, shall be dealt with as speedily
as possible.
ARTICLE VIII
PRIVILEGES AND IMMUNITIES
1. Officers and staff of the Regional Centre shall enjoy the following
privileges and immunities:
(a) immunity from suit and legal process in respect of acts or
omissions by them in the course of the performance of official
duties. This shall also apply to other members of staff of the
Regional Centre;
(b) exemption from taxation on or in respect of the salaries and
emoluments paid by CAB International;
(c) exemption from direct taxation on income derived from sources
outside Trinidad and Tobago;
(d) in the event of the death of an officer or member of staff of the
Regional Centre or his spouse or dependent child then living
with him, the Government shall impose no impediment to the
export of movable property of the deceased, with the exception
of any property aquired in the country the export of which is
prohibited at the time of his death. Estate, succession and
inheritance duties or taxes shall not be levied on movable
property the presence of which in Trinidad and Tobago is due
solely to the presence of the deceased as an officer or staff of
the Regional Centre or as a member of his family;
(e) repatriation facilities in time of international crises, together
with their spouses and dependent children as are no less
favourable than those accorded to officials of comparable rank
in other international organisations;
(f) the right to import free of duty and taxes their furniture and
personal effects within six months of the time of first taking
up their post at the Regional Centre. The importation or
acquisition of motor vehicles shall be governed by the terms
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and conditions under which officials of comparable rank of
international organisations are permitted to import motor
vehicles or acquire them locally; and
(g) the privileges and immunities described in subparagraphs (b),
(c), (d), (e) and (f) shall not apply to nationals of Trinidad and
Tobago employed by the Regional Centre.
2. Officers and staff of the Regional Centre, their dependents and members
of their household staff shall be exempt from national service obligations in
Trinidad and Tobago. This exemption shall not apply to nationals of Trinidad
and Tobago.
3. In addition to the immunities and privileges specified in paragraph 1
of this Article, the Regional Representative, his spouse and his dependent children
shall be accorded the same immunity from suit, legal process and inviolability
of residence and continuing privileges, as are accorded to an envoy of a foreign
sovereign power. (In the event of the Regional Representative being a national
of Trinidad and Tobago the privileges and immunities referred to in this
subparagraph would be subject to modification after agreement between the
Government of Trinidad and Tobago and CAB International).
4. The Government shall, by correspondence addressed to the Ministry
of External Affairs and International Trade be notified of—
(a) the appointment of members of staff of the Regional Centre,
their arrival and their final departure or the termination of their
functions with the Regional Centre;
(b) the arrival and final departure of a person belonging to the
family of a member of staff of the Regional Centre, and where
appropriate the fact that a person becomes or ceases to be a
member of the family of a member of staff of the
Regional Centre.
5. The privileges, immunities, exemptions and facilities accorded in this
Agreement are granted in the interest of CAB International and not for the
personal benefit of the individuals themselves. CAB International not only has
the right but is under a duty to waive the immunity granted to any person, if in
its opinion immunity would impede the course of justice and the waiver would
not prejudice the purposes for which the immunities are accorded.
6. Without prejudice to their privileges and immunities it is the duty of
all members of staff of the Regional Centre enjoying such privileges and
immunities to respect the laws and regulations of the Republic of Trinidad and
Tobago. CAB International shall take every measure necessary to ensure that
the privileges, immunities, exemptions and facilities conferred by this Agreement
are not abused.
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ARTICLE IX
SETTLEMENTS OF DISPUTES
Any dispute between the Government and CAB International concerning the
interpretation or application of this Agreement or any supplementary agreement,
or any question affecting the Regional Centre or its relationship between the
Government and CAB International, which is not settled by negotiation or other
agreed mode of settlement, shall be referred for final decision to a tribunal of
three arbitrators; one to be appointed by the Government, one to be appointed
by CAB International, and the third, who shall be chairman of the tribunal, to
be chosen by the first two arbitrators. Should the first two arbitrators fail to
agree upon the third, the Government and CAB International shall request the
President of the International Court of Justice to choose the third arbitrator. A
majority vote of the arbitrators shall be sufficient to reach a decision which
shall be final and binding. The third arbitrator shall be empowered to settle all
questions of procedure in any case where there is disagreement with
respect thereto.
ARTICLE X
AMENDMENT
This Agreement may be amended by agreement.
ARTICLE XI
INTERPRETATION
Where any dispute between the Government and CAB International
concerning the interpretation of the Agreement is referred to a tribunal in
accordance with Article IX the interpretation of the tribunal shall be deemed
part of the Agreement.
ARTICLE XII
MISCELLANEOUS
Nothing in this Agreement shall be construed so as to preclude the adoption
of measures considered appropriate by the State of Trinidad and Tobago
for its security.
ARTICLE XIII
ENTRY INTO FORCE AND TERMINATION
1. This Agreement shall come into force upon signature by the
parties thereto.
2. This Agreement may be terminated by either party upon written notice
to the other party and shall terminate sixty days after receipt of such notice.
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3. At the termination of this Agreement, its provisions and the provisions
of any separate protocol, contract or agreement made in respect of this Agreement
shall continue to govern any unexpired and existing obligation, assumed or
commenced thereunder and any such obligation or project shall be carried on
to completion.
IN WITNESS WhEREOF the respective representative of the parties have signed
this Agreement.
Done in duplicate at Port-of-Spain this 28th day of October, 1988.
For the CAB International For the Government of the Republic
of Trinidad and Tobago
DON MENTZ SAHADEO BASDEO
Director-General Minister of External Affairs
and International Trade
SCHEDULE OF PROPERTIES
All and singular that parcel of land situate at Gordon Street, St. Augustine, at
present occupied by the CIBC, and bounded on the North by lands of the State;
on the South by Gordon Street; on the East by lands of the State; and on the
West by the Teak Plantation on lands of the State, together with the building
erected thereon.
Agreed Minutes
Representatives of the Parties to the Agreement held negotiations on the
Articles of Agreement on the 28th October, 1988 and agreed on the following
clarifications:
(a) Instrument of leasehold title relating to the parcel of land
described in the Schedule will be delivered by the Government
of Trinidad and Tobago to CAB International within a period
of two years from this date.
(b) The arrangements for continued financial support of the
Regional Centre by CAB International shall be subject to the
Centre achieving financial viability within a period of five
years from this date.
(c) In the event that such viability is not achieved, CAB
International retains the right to withdraw its organisation from
the Republic of Trinidad and Tobago.
SAHADEO BASDEO Signed on the 28th October, 1988
Authorised Representative of at Port-of-Spain
Trinidad and Tobago
DON MENTZ
Authorised Representative of
CAB International
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