Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
CARIBBEAN COMMUNITY ACT
CHAPTER 81:11
Act
3 of 2005
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–297 . .
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Note on Subsidiary Legislation
This Act contains no subsidiary legislation.
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CHAPTER 81:11
CARIBBEAN COMMUNITY ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
THE COMMUNITY
3. Treaty to have force of law—Schedule.
4. Implementation of the Treaty.
5. Referrals and evidence.
6. Amendment of Schedule.
7. Financial provisions.
PART III
GENERAL
8. Inconsistency with other legislation.
SCHEDULE.
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CHAPTER 81:11
CARIBBEAN COMMUNITY ACT
An Act to give effect to the Revised Treaty of Chaguaramas
including the CARICOM Single Market and Economy
and for matters related thereto.
[23RD MAY 2005]
PART I
PRELIMINARY
1. This Act may be cited as the Caribbean Community Act.
2. In this Act—
“CARICOM Single Market and Economy” means the regime
established by the Treaty, for the deeper integration of the
national markets and economies of all Member States of the
Community;
“Community” means the Caribbean Community established by
Article 2 of the Treaty and includes the CARICOM Single
Market and Economy;
“Minister” means the Minister to whom responsibility for
Caribbean Community Affairs is assigned;
“Treaty” means the Revised Treaty of Chaguaramas Establishing
the Caribbean Community, including the CARICOM Single
Market and Economy, signed in The Bahamas on the 5th
day of July, 2001.
PART II
THE COMMUNITY
3. (1) Subject to this Act, the Treaty, the text of which is
set out in the Schedule, shall have the force of law in Trinidad
and Tobago.
(2) The Community shall have full juridical personality.
3 of 2005.
Commencement.
[110/2005]
Short title.
Interpretation.
Treaty to have
force of law—
Schedule.
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4. (1) The Minister may by Regulations make provision
for the purpose of—
(a) implementing any Community obligation of
Trinidad and Tobago or enabling any such
obligation to be implemented;
(b) enabling any rights enjoyed or to be enjoyed by
Trinidad and Tobago under or by virtue of the
Treaty, to be exercised; or
(c) dealing with matters arising out of or related to
any such obligation or rights.
(2) Regulations made under subsection (1) shall be
subject to affirmative resolution of Parliament.
5. (1) For the purposes of all legal proceedings, any
question concerning the interpretation or application of the
Treaty or concerning the validity, meaning or application of
instruments made under the Treaty shall be treated as a question
of law to be referred to the Caribbean Court of Justice where a
Court or tribunal seised of an issue considers that a decision on
the question is necessary for it to deliver judgment.
(2) Evidence of any instrument issued by an organ of
the Community or of any judgment or order of the Caribbean
Court of Justice or of any document in the custody of the
Secretariat of the Community, or any entry in or extract from
such a document, may be given in any legal proceedings by
production of a copy certified as a true copy by the Secretary-
General of the Community; and any document purporting to be
such a copy shall be received in evidence without proof of the
official position or handwriting of the person signing
the certificate.
(3) Where any instrument issued by the Community is
in the custody of a department of government, evidence of such
an instrument may also be given in any legal proceedings by
production of a copy certified as a true copy by an officer of the
department of government concerned generally or specifically
authorised so to do, and any document purporting to be a copy of
Implementation
of the Treaty.
Referrals and
evidence.
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such an instrument in the custody of the department of
government shall be received in evidence without proof of the
official position or handwriting of the person signing the
certificate or of his authority to do so or of the document being
in the custody of the department of government concerned.
6. (1) Where the Treaty is amended in accordance with
Article 236, the Minister shall, by Order, amend the Schedule
accordingly.
(2) An Order made under subsection (1) may contain
such consequential, supplemental or ancillary provisions
(including provisions amending this Act) as appear to the
Minister to be necessary or expedient for the purpose of giving
due effect to the amendment of the Treaty.
(3) Where the Schedule is amended pursuant to this
section, any reference to the Treaty in this Act or any other
instrument shall, unless the context otherwise requires, be
construed as a reference to the Treaty so amended.
7. (1) All sums required to be paid by the Government for
the purpose of meeting the obligations of Trinidad and Tobago
under the Treaty shall be a charge on the Consolidated Fund.
(2) All sums received by the Government under or by
virtue of the Treaty shall be paid into the Consolidated Fund.
PART III
GENERAL
8. In the event of any inconsistencies between the
provisions of this Act and the operation of any other law, the
provisions of this Act shall prevail to the extent of the
inconsistency.
Amendment of
Schedule.
Financial
provisions.
Inconsistency
with other
legislation.
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SCHEDULE
REVISED TREATY OF CHAGUARAMAS ESTABLISHING
THE CARIBBEAN COMMUNITY INCLUDING THE
CARICOM SINGLE MARKET AND ECONOMY
PREAMBLE
The States Parties to the Treaty Establishing the Caribbean Community
and Common Market signed at Chaguaramas on 4th July 1973,
Recalling the Declaration of Grand Anse and other decisions of the
Conference of Heads of Government, in particular the commitment to
deepening regional economic integration through the establishment of the
CARICOM Single Market and Economy (CSME) in order to achieve
sustained economic development based on international competitiveness,
co-ordinated economic and foreign policies, functional co-operation and
enhanced trade and economic relations with Third States;
Recognising that globalisation and liberalisation have important
implications for international competitiveness;
Determined to enhance the effectiveness of the decision-making and
implementation processes of the Community;
Desirous of restructuring the Organs and Institutions of the Caribbean
Community and Common Market and redefining their functional relationships
so as to enhance the participation of their peoples, and in particular the social
partners, in the integration movement;
Conscious of the need to promote in the Community the highest level of
efficiency in the production of goods and services especially with a view to
maximising foreign exchange earnings on the basis of international
competitiveness, attaining food security, achieving structural diversification
and improving the standard of living of their peoples;
Aware that optimal production by economic enterprises in the Community
requires the structured integration of production in the Region, and
particularly, the unrestricted movement of capital, labour and technology;
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Resolved to establish conditions which would facilitate access by their
nationals to the collective resources of the Region on a non-discriminatory
basis;
Convinced that market-driven industrial development in the production of
goods and services is essential for the economic and social development of the
peoples of the Community;
Cognisant that a fully integrated and liberalised internal market will create
favourable conditions for sustained, market-led production of goods and
services on an internationally competitive basis;
Desirous further of establishing and maintaining a sound and stable macro-
economic environment that is conducive to investment, including cross-border
investments, and the competitive production of goods and services in the
Community;
Believing that differences in resource endowment and in the levels of
economic development of Member States, may affect the implementation of
the Community Industrial Policy;
Recognising also the potential of micro, small, and medium enterprise
development to contribute to the expansion and viability of national
economies of the Community and the importance of large enterprises for
achieving economies of scale in the production process;
Mindful that co-operation and joint action in developing trade relations
with third States and in establishing appropriate regulatory and administrative
procedures and services are essential for the development of the international
and intra-regional trade of Member States;
Determined further to effect a fundamental transformation of the agricultural
sector of the Community by diversifying agricultural production, intensifying
agro-industrial development, expanding agri-business, strengthening the
linkages between the agricultural sector and other sectors of the CSME and
generally conducting agricultural production on a market-oriented,
internationally competitive and environmentally sound basis;
Acknowledging the vital importance of land, air and maritime
transportation for maintaining economic, social and cultural linkages as well
as facilitating emergency assistance among the Member States of the
Community;
Recognising further the importance of the establishment and structured
development of transport links with third States for the accelerated and
sustained development of the CSME;
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Conscious also of the importance of promoting adequate air and maritime
transport services for the continued viability of the tourism industry and of
reducing the vulnerability of the CARICOM Region resulting from its
reliance on extra-regional carriers;
Convinced also that a viable transport policy for the Community will
make a significant contribution in satisfying the demands for the intra-regional
movement of people and products in the CSME;
Acknowledging further that some Member States, particularly the Less
Developed Countries, are entering the CSME at a disadvantage by reason of
the size, structure and vulnerability of their economies; and
Believing further that the persistence of disadvantage, however arising, may
impact adversely on the economic and social cohesion in the Community;
Conscious further that disadvantaged countries, regions and sectors will
require a transitional period to facilitate adjustment to competition in the
CSME;
Committed to establish effective measures, programmes and mechanisms
to assist disadvantaged countries, regions and sectors of the Community;
Mindful further that the benefits expected from the establishment of the
CSME are not frustrated by anti-competitive business conduct whose object
or effect is to prevent, restrict, or distort competition;
Convinced further that the application and convergence of national
competition policies and the co-operation of competition authorities in the
Community will promote the objectives of the CSME;
Affirming that the employment of internationally accepted modes of
disputes settlement in the Community will facilitate achievement of the
objectives of the Treaty;
Considering that an efficient, transparent, and authoritative system of
disputes settlement in the Community will enhance the economic, social and
other forms of activity in the CSME leading to confidence in the investment
climate and further economic growth and development in the CSME;
Affirming also that the original jurisdiction of the Caribbean Court of
Justice is essential for the successful operation of the CSME;
Recalling further the Charter of Civil Society adopted by the Conference of
Heads of Government on 19 February 1997 reaffirming the human rights of
their peoples,
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Have agreed as follows:
ARTICLE 1
USE OF TERMS
In this Treaty, unless the context otherwise requires:
“Agreement” means the Agreement Establishing the Caribbean Court of
Justice;
“anti-competitive business conduct” has the meaning assigned to it in
Article 173;
“Budget Committee” means the Body of the Community established by
paragraph 1 of Article 18;
“business” means any activity carried on for gain or reward or in the course
of which goods or services are produced, manufactured or supplied as the
case may be;
“Commission” means the Competition Commission established by Article 167;
“Committee of Central Bank Governors” means the Body of the
Community referred to in paragraph 2 of Article 18;
“Community” means the Caribbean Community established by Article 2
and includes the CSME established by the provisions of this Treaty;
“Community Council of Ministers” or “the Community Council” means
the Organ of the Community so named in paragraph 1(b) of Article 10;
“Community origin” means origin which complies with the Rules of
Origin set out in Article 78;
“Community treatment” means the access accorded to goods which are of
Community origin to the markets of Member States without the
application of import duties or quantitative restrictions;
“competent authority” means the authority legally authorised to perform
a function and for the purpose of Chapter Five means the Minister of
Government so designated by a Member State;
“Conference of Heads of Government” or “the Conference” means
the Organ so named in paragraph 1(a) of Article 10;
“Contracting Party” means a party to the Agreement;
“Council for Human and Social Development” or “COHSOD” means
the Organ of the Community so named in paragraph 2 of Article 10;
“Council for Finance and Planning” or “COFAP” means the Organ of
the Community so named in paragraph 2(a) of Article 10;
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“Council for Foreign and Community Relations” or “COFCOR”
means the Organ so named in paragraph 2(c) of Article 10;
“Council for Trade and Economic Development” or “COTED” means
the Organ of the Community so named in paragraph 2(b) of Article 10;
“Court” means the Caribbean Court of Justice established by the Agreement;
“the CSME” means the regime established by the provisions of this Treaty
replacing Chapters Three through Seven of the Annex to the Treaty
Establishing the Caribbean Community and Common Market signed at
Chaguaramas on 4 July 1973;
“disadvantaged countries” means:
(a) the Less Developed Countries within the meaning of
Article 4; or
(b) Member States that may require special support measures of
a transitional or temporary nature by reason of:
(i) impairment of resources resulting from natural
disasters; or
(ii) the adverse impact of the operation of the CSME on
their economies; or
(iii) temporary low levels of economic development; or
(iv) being a Highly-Indebted Poor Country designated as
such by the competent inter-governmental
organisation;
“disadvantaged regions” means:
(a) regions within Member States experiencing economic
dislocation from the operation of the CSME; or
(b) regions that may require special support measures of a
transitional or temporary nature by reason of:
(i) impairment of resources resulting from natural
disasters; or
(ii) temporary low levels of economic development;
“disadvantaged sectors” means:
(a) sectors of the economies of Member States in which
economic enterprises experience dislocation from the
operation of the CSME; or
(b) sectors that may require special support measures of a
transitional or temporary nature by reason of natural
disasters, whereby the loss in the sector causes social and
economic disorder;
“dispute” means a dispute within the meaning of Article 183;
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“economic enterprises” means economic enterprises within the meaning
of paragraph 5(b) of Article 32;
“enterprise” means any person or type of organisation, other than a non-
profit organisation, involved in the production of or the trade in goods, or
the provision of services;
“goods” means all kinds of property other than real property, money,
securities or choses in action;
“import duties” means any tax or surtax of Customs and any other charges
of equivalent effect whether fiscal, monetary or exchange, which are levied
on imports except those notified under Article 85 and other charges which
fall within that Article;
“Legal Affairs Committee” means the Body established by paragraph 1
of Article 18;
“Member State” means a Member State of the Community excluding an
Associate Member within the meaning of Article 231;
“Ministerial Councils” means COFAP, COFCOR, COHSOD and COTED;
“national” means a national within the meaning of paragraph 5(a) of Article 32;
“President” means the President of the Court;
“recommended practice” means any specification for physical
characteristics, configuration, material, performance, personnel or
procedure, the uniform application of which is regionally or generally
recognised in the international community as desirable for the efficient
delivery of transport services;
“rules of competition” includes the rules set out in sub-paragraph (a)(i) of
paragraph 1 of Article 166 and Articles 176, 177, 178 and 179;
“Secretariat” means the Secretariat of the Community referred to in Article 23;
“Secretary-General” means the Secretary-General of the Community;
“services” means services provided against remuneration other than wages in
an approved sector and “the provision of services” means the supply of
services:
(a) from the territory of one Member State into the territory of
another Member State;
(b) in the territory of one Member State to a service consumer
of another Member State;
(c) by a service supplier of one Member State through
commercial presence in the territory of another Member
State; and
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(d) by a service supplier of one Member State through the
presence of natural persons of a Member State in the territory
of another Member State;
“standard” means any specification for physical characteristics,
configuration, material, performance, personnel or procedure, the uniform
application of which is regionally or generally recognised in the
international community as necessary for the efficient delivery of
transport services;
“subsidies” includes the subsidies set out in Schedule V and shall apply only
in relation to goods;
“trade” includes any business, industry, profession or occupation relating to
the supply or acquisition of goods or services;
“WTO Agreement” means the Agreement establishing the World Trade
Organisation done at Marrakesh on 15 April 1994.
CHAPTER ONE
PRINCIPLES
ARTICLE 2
ESTABLISHMENT OF THE COMMUNITY
The Community is hereby established and recognised in the Protocol hereto
as successor to the Caribbean Community and Common Market.
ARTICLE 3
MEMBERSHIP
1. Members of the Community consist of:
(a) Antigua and Barbuda
(b) The Bahamas
(c) Barbados
(d) Belize
(e) Dominica
(f) Grenada
(g) Guyana
(h) Jamaica
(i) Montserrat
(j) St. Kitts and Nevis
(k) Saint Lucia
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(l) St. Vincent and the Grenadines
(m) Suriname
(n) Trinidad and Tobago.
2. Membership of the Community shall be open to any other State or
Territory of the Caribbean Region that is, in the opinion of the Conference,
able and willing to exercise the rights and assume the obligations of
membership.
ARTICLE 4
LESS DEVELOPED COUNTRIES AND MORE DEVELOPED
COUNTRIES
For the purpose of this Treaty the States specified in subparagraphs 1(b),
(c), (g), (h), (m) and (n) of Article 3 shall be more developed countries and the
remainder listed in the said paragraph shall be less developed countries.
ARTICLE 5
MODIFICATION OF THE STATUS OF MEMBER STATES
Notwithstanding the provisions of Article 4 and paragraph 1 of Article 28,
the Conference may, by majority decision, modify the status of a Member State.
ARTICLE 6
OBJECTIVES OF THE COMMUNITY
The Community shall have the following objectives:
(a) improved standards of living and work;
(b) full employment of labour and other factors of production;
(c) accelerated, co-ordinated and sustained economic development
and convergence;
(d) expansion of trade and economic relations with Third States;
(e) enhanced levels of international competitiveness;
(f) organisation for increased production and productivity;
(g) the achievement of a greater measure of economic leverage
and effectiveness of Member States in dealing with Third
States, groups of States and entities of any description;
(h) enhanced co-ordination of Member States’ foreign and
[foreign] economic policies; and
(i) enhanced functional co-operation, including—
(i) more efficient operation of common services and
activities for the benefit of its peoples;
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(ii) accelerated promotion of greater understanding among
its peoples and the advancement of their social,
cultural and technological development;
(iii) intensified activities in areas such as health,
education, transportation, telecommunications.
ARTICLE 7
NON-DISCRIMINATION
1. Within the scope of application of this Treaty and without prejudice to
any special provisions contained therein, any discrimination on grounds of
nationality only shall be prohibited.
2. The Community Council shall, after consultation with the competent
Organs, establish rules to prohibit any such discrimination.
ARTICLE 8
MOST FAVOURED NATION TREATMENT
Subject to the provisions of this Treaty, each Member State shall, with
respect to any rights covered by this Treaty, accord to another Member State
treatment no less favourable than that accorded to:
(a) a Third Member State; or
(b) Third States.
ARTICLE 9
GENERAL UNDERTAKING ON IMPLEMENTATION
Member States shall take all appropriate measures, whether general or
particular, to ensure the carrying out of obligations arising out of this Treaty
or resulting from decisions taken by the Organs and Bodies of the Community.
They shall facilitate the achievement of the objectives of the Community.
They shall abstain from any measures which could jeopardise the attainment
of the objectives of this Treaty.
CHAPTER TWO
INSTITUTIONAL ARRANGEMENTS
ARTICLE 10
ORGANS OF THE COMMUNITY
1. The principal Organs of the Community are:
(a) the Conference of Heads of Government; and
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(b) the Community Council of Ministers which shall be the
second highest organ.
2. In the performance of their functions, the principal Organs shall be
assisted by the following Organs:
(a) the Council for Finance and Planning;
(b) the Council for Trade and Economic Development;
(c) the Council for Foreign and Community Relations, and
(d) the Council for Human and Social Development.
ARTICLE 11
COMPOSITION OF THE CONFERENCE
1. The Conference of Heads of Government shall consist of the Heads of
Government of the Member States.
2. Any Head of Government may designate a Minister or other person to
represent him or her at any Meeting of the Conference.
ARTICLE 12
FUNCTIONS AND POWERS OF THE CONFERENCE
1. The Conference shall be the supreme Organ of the Community.
2. The Conference shall determine and provide policy direction for the
Community.
3. Save as otherwise provided in this Treaty, the Conference shall be the
final authority for the conclusion of treaties on behalf of the Community and
for entering into relationships between the Community and international
organisations and States.
4. The Conference may take decisions for the purpose of establishing the
financial arrangements necessary to defray the expenses of the Community and
shall be the final authority on questions arising in relation to the financial
affairs of the Community.
5. Subject to the relevant provisions of this Treaty, the Conference shall
exercise such powers as may be conferred on it by or under any instrument
elaborated by or under the auspices of the Community.
6. The Conference may establish such Organs or Bodies as it considers
necessary for the achievement of the objectives of the Community.
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7. The Conference may issue policy directives of a general or special
character to other Organs and Bodies of the Community concerning the
policies to be pursued for the achievement of the objectives of the Community
and effect shall be given to such directives.
8. Notwithstanding any other provision of this Treaty, the Conference
may consider and resolve disputes between Member States.
9. The Conference may consult with entities within the Caribbean Region
or with other organisations and for this purpose may establish such machinery
as it considers necessary.
10. Subject to the provisions of this Chapter, the Conference shall
regulate its own procedure and may decide to admit at its deliberations as
observers representatives of non-Member States of the Community and
other entities.
11. The Bureau, consisting of the current Chairman and the immediately
outgoing and incoming Chairmen of the Conference, shall perform the
following functions:
(a) initiating proposals for development and approval by the
Ministerial Councils as it considers necessary;
(b) updating the consensus of the Member States on issues
falling to be determined by the Conference;
(c) facilitating implementation of Community decisions, both
at the regional and local levels, in an expeditious and
informed manner;
(d) providing guidance to the Secretariat on policy issues.
ARTICLE 13
THE COMMUNITY COUNCIL OF MINISTERS
1. The Community Council shall consist of Ministers responsible for
Community Affairs and any other Minister designated by the Member States
in their absolute discretion.
2. The Community Council shall, in accordance with the policy
directions established by the Conference, have primary responsibility for the
development of Community strategic planning and co-ordination in the areas
of economic integration, functional co-operation and external relations.
3. In pursuance of paragraph 2, the Community Council shall:
(a) approve the programmes of the Community on the basis,
inter alia, of proposals emanating from other Community
Organs;
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(b) subject to paragraph 5 of Article 20, amend proposals
developed by the Ministerial Councils or request them to
develop proposals for the achievement of Community
objectives,
and have responsibility for promoting and monitoring the implementation of
Community decisions in the Member States.
4. Without prejudice to the generality of the foregoing provisions, the
Community Council shall:
(a) subject to paragraph 4 of Article 12, examine and approve the
Community budget;
(b) mobilise and allocate resources for the implementation of
Community plans and programmes;
(c) establish, subject to the provisions of Article 26, a system
of regional and national consultations in order to enhance the
decision-making and implementation processes of the
Community;
(d) promote, enhance, monitor and evaluate regional and
national implementation processes and, to this end, establish
a regional technical assistance service;
(e) function as a preparatory body for meetings of the
Conference;
(f) ensure the efficient operation and orderly development of the
CSME, particularly by seeking to resolve problems arising
out of its functioning, taking into account the work and
decisions of COTED;
(g) receive and consider allegations of breaches of obligations
arising under this Treaty, including disputes between Organs
of the Community;
(h) on the instructions of the Conference, issue directives to
Organs and to the Secretariat aimed at ensuring the timely
implementation of Community decisions;
(i) undertake any additional functions remitted to it by the
Conference, arising under this Treaty.
ARTICLE 14
THE COUNCIL FOR FINANCE AND PLANNING
1. The Council for Finance and Planning shall consist of Ministers
designated by the Member States. Each Member State shall be entitled to
designate alternates to represent it on COFAP.
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2. Subject to the relevant provisions of Article 12, COFAP shall have
primary responsibility for economic policy co-ordination and financial and
monetary integration of Member States and, without prejudice to the
generality of the foregoing, shall:
(a) establish and promote measures for the co-ordination and
convergence of national macro-economic policies of the
Member States and for the execution of a harmonised policy
on foreign investment;
(b) promote and facilitate the adoption of measures for fiscal and
monetary co-operation among the Member States, including
the establishment of mechanisms for payment arrangements;
(c) recommend measures to achieve and maintain fiscal
discipline by the Governments of the Member States;
(d) pending the establishment of a monetary union in the
Community, recommend arrangements for the free
convertibility of the currencies of the Member States on a
reciprocal basis;
(e) promote the establishment and integration of capital markets
in the Community, and
(f) undertake any additional functions remitted to it by the
Conference arising under this Treaty.
3. Under the direction of COFAP, the Committee of Central Bank
Governors shall assist in the performance of the functions mentioned in
paragraph 2 of this Article.
ARTICLE 15
THE COUNCIL FOR TRADE AND ECONOMIC DEVELOPMENT
1. The Council for Trade and Economic Development shall consist of
Ministers designated by the Member States. Each Member State shall be
entitled to designate alternates to represent it on COTED.
2. Subject to the provisions of Article 12, COTED shall be responsible
for the promotion of trade and economic development of the Community. In
particular, COTED shall:
(a) promote the development and oversee the operation of the
CSME;
(b) evaluate, promote and establish measures to enhance
production, quality control and marketing of industrial and
agricultural commodities so as to ensure their international
competitiveness;
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(c) establish and promote measures to accelerate structural
diversification of industrial and agricultural production on a
sustainable and regionally integrated basis;
(d) determine and promote measures for the accelerated
development and marketing of services;
(e) promote and develop policies and programmes to facilitate
the transportation of people and goods;
(f) promote measures for the development of energy and natural
resources on a sustainable basis;
(g) establish and promote measures for the accelerated
development of science and technology;
(h) promote and develop policies for the protection of and
preservation of the environment and for sustainable
development;
(i) promote and develop, in collaboration with the Council for
Foreign and Community Relations, co-ordinated policies for
the enhancement of external economic and trade relations of
the Community; and
(j) undertake any additional functions remitted to it by the
Conference, arising under this Treaty.
ARTICLE 16
THE COUNCIL FOR FOREIGN AND COMMUNITY RELATIONS
1. The Council for Foreign and Community Relations shall consist of
Ministers responsible for the Foreign Affairs of Member States. Each Member
State shall be entitled to designate an alternate to represent it on COFCOR.
2. Subject to the provisions of Article 12, COFCOR shall be responsible
for determining relations between the Community and international
organisations and Third States.
3. Without prejudice to the generality of paragraph 2, COFCOR shall:
(a) promote the development of friendly and mutually beneficial
relations among the Member States;
(b) establish measures to co-ordinate the foreign policies of the
Member States of the Community, including proposals for
joint representation, and seek to ensure, as far as practicable,
the adoption of Community positions on major hemispheric
and international issues;
(c) co-ordinate the positions of the Member States in inter-
governmental organisations in whose activities such States
participate;
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(d) collaborate with COTED in promoting and developing co-
ordinated policies for the enhancement of external economic
and trade relations of the Community;
(e) co-ordinate, in close consultation with the Member States,
Community policy on inter-national issues with the policies
of States in the wider Caribbean Region in order to arrive at
common positions in relation to Third States, groups of
States and relevant inter-governmental organisations, and
(f) undertake any additional functions remitted to it by the
Conference, arising under this Treaty.
4. Only Member States possessing the necessary competence with respect
to the matters under consideration from time to time may take part in the
deliberations of COFCOR.
ARTICLE 17
THE COUNCIL FOR HUMAN AND SOCIAL DEVELOPMENT
1. The Council for Human and Social Development shall consist of
Ministers designated by the Member States. Each Member State shall be
entitled to designate alternates to represent it on COHSOD.
2. Subject to the provisions of Article 12, COHSOD shall be
responsible for the promotion of human and social development in the
Community. In particular, COHSOD shall:
(a) promote the improvement of health, including the
development and organisation of efficient and affordable
health services in the Community;
(b) promote the development of education through the efficient
organisation of educational and training facilities in the
Community, including elementary and advanced vocational
training and technical facilities;
(c) promote and develop co-ordinated policies and programmes
to improve the living and working conditions of workers and
take appropriate measures to facilitate the organisation and
development of harmonious labour and industrial relations in
the Community;
(d) establish policies and programmes to promote the
development of youth and women in the community with a
view to encouraging and enhancing their participation in
social, cultural, political and economic activities;
(e) promote and establish programmes for the development of
culture and sports in the Community;
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(f) promote the development of special focus programmes
supportive of the establishment and maintenance of a healthy
human environment in the Community, and
(g) undertake any additional functions remitted to it by the
Conference, arising under this Treaty.
3. Without prejudice to the requirements of any other provision of this
Treaty, COHSOD shall promote co-operation among the Member States in
the areas set out in the Schedule hereto in furtherance of the objectives set out
in Article 5.
ARTICLE 18
BODIES OF THE COMMUNITY
1. There are hereby established as Bodies of the Community:
(a) the Legal Affairs Committee; and
(b) the Budget Committee.
2. The Council of Central Bank Governors shall be redesignated the
“Committee of Central Bank Governors” and recognised as a Body of the
Community.
3. The Organs of the Community may establish, as they deem necessary,
other Bodies of the Community.
ARTICLE 19
COMPOSITION AND FUNCTIONS OF BODIES OF THE COMMUNITY
1. The Legal Affairs Committee shall consist of the Ministers
responsible for Legal Affairs or Attorneys-General of the Member States, or
both, and shall be responsible for providing the Organs and Bodies, either on
request or on its own initiative, with advice on treaties, international legal
issues, the harmonisation of laws of the Community and other legal matters.
2. The Budget Committee shall consist of senior officials of the Member
States who shall perform their functions in a professional capacity. It shall
examine the draft budget and work programme of the Community prepared by
the Secretariat and submit recommendations to the Community Council.
3. The Committee of Central Bank Governors shall consist of the
Governors or Heads of the Central Banks of the Member States or their
nominees. The Committee shall make recommendations to COFAP on
matters relating to monetary co-operation, payments arrangements, free
movement of capital, integration of capital markets, monetary union and any
other related matters referred to it by the Organs of the Community.
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4. The procedures of Bodies shall be regulated, mutatis mutandis, by the
relevant provisions of Articles 27 and 29.
ARTICLE 20
CO-OPERATION BY COMMUNITY ORGANS
1. Community Organs shall co-operate with each other for the
achievement of Community objectives.
2. The Bureau and the Community Council may initiate proposals for
development by the Ministerial Councils within their respective areas of
competence.
3. Where a Community Organ proposes to develop a proposal which is
likely to impact importantly on activities within the sphere of competence of
another Community Organ, the first-mentioned Community Organ shall
transmit such proposal to other interested Community Organs for their
consideration and reaction before reaching a final decision on the proposal.
4. Proposals approved by the Ministerial Councils shall be transmitted
to the Community Council for prioritisation and resource allocation for their
implementation.
5. Proposals approved by the Ministerial Councils and transmitted to the
Community Council for prioritisation and resource allocation for
implementation may be returned by the Community Council to the
originating Organ for modification. The Community Council may modify the
proposal to the extent and in the manner agreed with the originating Organ.
6. The Secretariat shall monitor the development and implementation of
proposals for the achievement of Community objectives and keep the
Community Council informed accordingly.
ARTICLE 21
INSTITUTIONS OF THE COMMUNITY
The following entities established by or under the auspices of the
Community shall be recognised as Institutions of the Community:
Caribbean Disaster Emergency Response Agency (CDERA);
Caribbean Meteorological Institute (CMI);
Caribbean Meteorological Organisation (CMO);
Caribbean Environmental Health Institute (CEHI);
Caribbean Agricultural Research and Development Institute
(CARDI);
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Caribbean Regional Centre for the Education and Training of
Animal Health and Veterinary Public Health Assistants
(REPAHA);
Assembly of Caribbean Community Parliamentarians (ACCP);
Caribbean Centre For Developmental Administration (CARICAD);
Caribbean Food and Nutrition Institute (CFNI),
and such other entities as may be designated by the Conference.
ARTICLE 22
ASSOCIATE INSTITUTIONS OF THE COMMUNITY
The following entities with which the Community enjoys important
functional relationships which contribute to the achievement of the objectives
of the Community shall be recognised as Associate Institutions of
the Community:
Caribbean Development Bank (CDB);
University of Guyana (UG);
University of the West Indies (UWI);
Caribbean Law Institute / Caribbean Law Institute Centre
(CLI/CLIC); the Secretariat of the Organisation of Eastern
Caribbean States,
and such other entities as may be designated by the Conference.
ARTICLE 23
THE SECRETARIAT
1. The Secretariat shall be the principal administrative organ of the
Community. The headquarters of the Community shall be located in
Georgetown, Guyana.
2. The Secretariat shall comprise a Secretary-General and such other staff
as the Community may require. In the recruitment of such staff, consideration
shall be given to securing the highest standards of efficiency, competence and
integrity, bearing in mind the principle of equitable geographical distribution.
3. The Secretary-General shall, in addition to the powers conferred by or
under the Treaty, be the Chief Executive Officer of the Community and shall
act in that capacity at all meetings of Community Organs and Bodies. He shall
make an annual report to the Conference on the work of the Community.
4. In the performance of their duties the Secretary-General and staff shall
neither seek nor receive instructions from any Government of the Member
States or from any other authority external to the Community. They shall
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refrain from any action which might reflect adversely on their position as
officials of the Community and shall be responsible only to the Community.
5. Member States undertake to respect the exclusively international
character of the responsibilities of the Secretary-General and staff and shall not
seek to influence them in the discharge of their responsibilities.
6. The Conference shall approve the Staff Regulations governing the
operations of the Secretariat.
7. The Community Council shall approve the financial regulations
governing the operations of the Secretariat.
8. The Secretary-General shall establish Staff Rules for the operation of
the Secretariat.
ARTICLE 24
THE SECRETARY-GENERAL
1. The Secretary-General shall be appointed by the Conference, on the
recommendation of the Community Council, for a term not exceeding five
years and may be reappointed by the Conference.
2. The Secretary-General shall be the Chief Executive Officer of the
Community and shall, subject to the determinations of competent Organs of
the Community and in accordance with the financial and other regulations,
perform the following functions:
(a) represent the Community;
(b) develop, as mandated, decisions of competent Organs of the
Community into implementable proposals;
(c) identify and mobilise, as required, external resources to
implement decisions at the regional level and undertake
studies and develop decisions on relevant issues into
implementable proposals;
(d) implement, as mandated, decisions at the regional level for
the achievement of Community objectives;
(e) implement, with the consent of the Member State concerned,
Community decisions which do not require legislative or
administrative action by national authorities;
(f) monitor and report on, as mandated, implementation of
Community decisions;
(g) initiate or develop proposals for consideration and decision
by competent Organs in order to achieve Community
objectives, and
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(h) such other functions assigned by the Conference or other
competent Organs.
ARTICLE 25
FUNCTIONS OF THE SECRETARIAT
In addition to any functions which may be assigned to it by Organs of the
Community, the Secretariat shall:
(a) service meetings of the Organs and Bodies of the
Community and take appropriate follow up action on
determinations issuing from such meetings;
(b) initiate, organise and conduct studies on issues for the
achievement of the objectives of the Community;
(c) provide, on request, services to the Member States of the
Community on matters relating to the achievement of its
objectives;
(d) collect, store and disseminate to the Member States of the
Community information relevant for the achievement of its
objectives;
(e) assist Community Organs in the development and
implementation of proposals and programmes for the
achievement of objectives of the Community;
(f) co-ordinate in relation to the Community the activities of
donor agencies, international, regional and national
institutions for the achievement of objectives of the
Community;
(g) prepare the draft budget of the Community for examination
by the Budget Committee;
(h) provide, on request, technical assistance to national
authorities to facilitate implementation of Community
decisions;
(i) conduct, as mandated, fact-finding assignments in the
Member States; and
(j) initiate or develop proposals for consideration and decision
by competent Organs in order to achieve Community
objectives.
ARTICLE 26
THE CONSULTATIVE PROCESS
1. In order to enhance the decision-making process in the Community, the
Community Council, assisted by the Secretary-General, shall, in collaboration
with competent authorities of the Member States, establish and maintain an
efficient system of consultations at the national and regional levels.
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2. The system of consultations shall be structured to ensure that
determinations of Community Organs and the Legal Affairs Committee are
adequately informed by relevant information inputs and are reinforced by
consultations undertaken at successively lower levels of the decision making
process.
ARTICLE 27
COMMON VOTING PROCEDURES IN COMMUNITY
ORGANS AND BODIES
1. Subject to paragraph 2 of this Article, each Member State represented
on Community Organs and Bodies shall have one vote. A simple majority of
Member States shall constitute a quorum.
2. Member States, whose contributions to the regular budget of the
Community are in arrears for more than two years, shall not have the right
to vote except on matters relating to the CSME, but may otherwise
participate in the deliberations of Community Organs and Bodies. The
Conference may, nevertheless, permit such Member States to vote if it is
satisfied that the failure to contribute is due to conditions beyond
their control.
3. Decisions on procedural issues in Community Organs shall be reached
by a simple majority of Member States.
4. Subject to the agreement of the Conference, a Member State may opt
out of obligations arising from the decisions of competent Organs provided
that the fundamental objectives of the Community, as laid down in the Treaty,
are not prejudiced thereby.
5. Prior to taking decisions on any issue falling to be determined by
Community Organs, the Secretariat shall bring to the attention of the meeting
the financial implications of such decisions and any other matters which may
be relevant.
6. Recommendations of Community Organs shall be made by a two-
thirds majority of Member States and shall not be legally binding. Member
States omitting to comply with recommendations shall inform the
Secretariat in writing within six months stating the reasons for their non-
compliance.
7. Subject to the relevant provisions of this Treaty, Community Organs
and Bodies shall establish their rules of procedure.
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ARTICLE 28
VOTING IN THE CONFERENCE
1. Save as otherwise provided in this Treaty and subject to paragraph 2 of
this Article and the relevant provisions of Article 27, the Conference shall take
decisions by an affirmative vote of all its members and such decisions shall
be binding.
2. For the purpose of this Article abstentions shall not be construed as
impairing the validity of decisions of the Conference provided that the
Member States constituting three-quarters of the membership of the
Community, vote in favour of such decisions.
3. Omission by a Member State to participate in the vote shall be deemed
an abstention within the meaning of paragraph 2 of this Article.
4. Parties to a dispute or against which sanctions are being considered
shall not have the right to vote on the issue falling to be determined.
ARTICLE 29
VOTING IN THE COMMUNITY COUNCIL AND MINISTERIAL
COUNCILS
1. Save as otherwise provided in this Treaty and subject to the provisions
of this Article and Article 27, the Ministerial Councils shall take decisions by
a qualified majority vote and such decisions shall be binding.
2. For the purposes of paragraph 1 of this Article a qualified majority vote
means an affirmative vote of the Member States comprising no less than
three-quarters of the membership of the Community.
3. Where issues have been determined to be of critical importance to
the national well-being of a Member State, in accordance with paragraph 4
of this Article, such decisions shall be reached by an affirmative vote of all
Member States.
4. Decisions that an issue is of critical importance to the national well-
being of a Member State shall be reached by a two-thirds majority of the
Member States.
5. For the purposes of paragraph 3 of this Article abstentions shall
not be construed as impairing the validity of decisions required to be
reached by unanimity provided that Member States constituting not less
than three-quarters of the membership of the Community vote in favour
of such decisions.
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CHAPTER THREE: ESTABLISHMENT, SERVICES,
CAPITAL AND MOVEMENT OF COMMUNITY
NATIONALS
ARTICLE 30
SCOPE OF APPLICATION
1. Save as otherwise provided in this Article and Article 31, the
provisions of this Chapter shall apply to the right of establishment, the right
to provide services and the right to move capital in the Community.
2. Activities in a Member State involving the exercise of governmental
authority shall, in so far as that Member State is concerned, be excluded from
the operation of this Chapter.
3. For the purposes of this Chapter, “activities involving the exercise of
governmental authority” means activities conducted neither on a commercial
basis nor in competition with one or more economic enterprises, and includes:
(a) activities conducted by a central bank or monetary authority
or any other public entity, in pursuit of monetary or
exchange rate policies;
(b) activities forming part of a statutory system of social
security or public retirement plans;
(c) activities forming part of a system of national security or for
the establishment or maintenance of public order; and
(d) other activities conducted by a public entity for the account
of or with the guarantee or using financial resources of the
government.
ARTICLE 31
TREATMENT OF MONOPOLIES
1. The Member States may determine that the public interest requires the
exclusion or restriction of the right of establishment in any industry or in a
particular sector of an industry.
2. Where such a determination has been made:
(a) if the determination results in the continuation or
establishment of a government monopoly, the Member State
shall adopt appropriate measures to ensure that the
monopoly does not discriminate between nationals of
Member States, save as otherwise provided in this Treaty,
and is subject to the agreed rules of competition established
for Community economic enterprises;
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(b) if the determination results in the continuation or
establishment of a private sector monopoly, the Member
State shall, subject to the provisions of this Treaty, adopt
appropriate measures to ensure that national treatment is
accorded to nationals of other Member States in terms of
participating in its operations.
ARTICLE 32
PROHIBITION OF NEW RESTRICTIONS ON THE RIGHT OF
ESTABLISHMENT
1. The Member States shall not introduce in their territories any new
restrictions relating to the right of establishment of nationals of other
Member States save as otherwise provided in this Treaty.
2. The Member States shall notify COTED of existing restrictions on
the right of establishment in respect of nationals of other Member States.
3. (1) The right of establishment within the meaning of this Chapter
shall include the right to:
(a) engage in any non-wage-earning activities of a commercial,
industrial, agricultural, professional or artisanal nature;
(b) create and manage economic enterprises referred to in
paragraph 5(b) of this Article.
(2) For the purposes of this Chapter “non-wage earning activities”
means activities undertaken by self-employed persons.
4. The Community Council may, with the approval of the Conference
and upon the recommendation of COTED or COFAP, as the case may be,
enlarge the body of rights provided in paragraph 3 of this Article. The
competent Organ shall establish basic criteria for Member States in order to
safeguard against manipulation or abuse of such rights so as to gain an unfair
advantage against other Member States, for example, in the areas of
nationality criteria and in the operation of companies.
5. For the purposes of this Chapter:
(a) a person shall be regarded as a national of a Member State if
such person—
(i) is a citizen of that State;
(ii) has a connection with that State of a kind which
entitles him to be regarded as belonging to or, if it be
so expressed, as being a native or resident of the State
for the purposes of the laws thereof relating to
immigration; or
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(iii) is a company or other legal entity constituted in the
Member State in conformity with the laws thereof and
which that State regards as belonging to it, provided that
such company or other legal entity has been formed for
gainful purposes and has its registered office and central
administration, and carries on substantial activity, within
the Community and which is substantially owned and
effectively controlled by persons mentioned in
subparagraphs (i) and (ii) of this paragraph;
(b) “economic enterprises” includes any type of organisation for
the production of or trade in goods or the provision of
services (other than a non-profit organisation) owned or
controlled by any person or entity mentioned in
subparagraph (a) of this paragraph;
(c) a company or other legal entity is:
(i) substantially owned if more than 50 per cent of the
equity interest therein is beneficially owned by
nationals mentioned in subparagraph (a)(i) or (ii) of
this paragraph;
(ii) effectively controlled if nationals mentioned in
subparagraph (a) of this paragraph have the power to
name a majority of its directors or otherwise legally
to direct its actions.
ARTICLE 33
REMOVAL OF RESTRICTIONS ON THE RIGHT OF
ESTABLISHMENT
1. Subject to the provisions of Article 221 and Article 222, the Member
States shall remove restrictions on the right of establishment of nationals of
a Member State in the territory of another Member State.
2. The removal of restrictions on the right of establishment mentioned
in paragraph 1 of this Article shall also apply to restrictions on the setting up
of agencies, branches or subsidiaries by nationals of a Member State in the
territory of another Member State.
3. Subject to the approval of the Conference, COTED, in consultation
with COHSOD and COFAP, shall, within one year from the entry into force
of this Treaty, establish a programme providing for the removal of restrictions
on the right of establishment of nationals of a Member State in the territory
of another Member State. The programme shall, inter alia:
(a) identify the activities in respect of which the right of
establishment shall not apply;
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(b) establish the conditions under which the right of
establishment is to be achieved; and
(c) set out the conditions, stages and time-frames for the
removal of restrictions on the right of establishment.
4. The Community Council may authorise a Member State whose
nationals have been aggrieved by the violation of obligations set out in this
Article, Article 32, Article 36 and Article 37 to take such measures as may be
provided for in this Treaty.
ARTICLE 34
MANAGEMENT OF REMOVAL OF RESTRICTIONS ON THE
RIGHT OF ESTABLISHMENT
In performing its tasks set out in Article 33, COTED shall, inter alia:
(a) accord priority to the removal of restrictions on activities in
respect of which the right of establishment encourages the
development of:
(i) the production of trade in goods;
(ii) the provision of services,
which generate foreign exchange earnings;
(b) require the Member States to remove administrative practices
and procedures, the maintenance of which impede the
exercise of the right of establishment;
(c) require the Member States to remove all restrictions on the
movement of managerial, technical and supervisory staff of
economic enterprises and on establishing agencies, branches
and subsidiaries of companies and other entities established
in the Community;
(d) establish measures to ensure the removal of restrictions on
the right of establishment in respect of activities accorded
priority treatment pursuant to paragraph (a) of this Article as
they relate to:
(i) the establishment, in the territories of the Member
States, of agencies, branches or subsidiaries
belonging to an economic enterprise; and
(ii) the conditions governing the entry of managerial,
technical or supervisory personnel employed in such
agencies, branches and subsidiaries, including the
spouses and immediate dependent family members of
such personnel;
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(e) take appropriate measures to ensure close collaboration
among competent national authorities in order to improve
their knowledge of the particular situation regarding the
relevant activities within the Community;
(f) require the Member States to ensure that nationals of one
Member State may have access to land, buildings and other
property situated in the territory of another Member State,
other than for speculative purposes or for a purpose
potentially destabilising to the economy, on a non-
discriminatory basis, bearing in mind the importance of
agriculture for many national economies;
(g) ensure concordance in the Member States regarding the
protection afforded the interests of partners, members and
other persons with financial interests in companies and
other entities.
ARTICLE 35
ACCEPTANCE OF DIPLOMAS, CERTIFICATES, AND OTHER
EVIDENCE OF QUALIFICATIONS
1. COHSOD, in consultation with the competent Organ, shall establish
common standards and measures for accreditation or when necessary for the
mutual recognition of diplomas, certificates and other evidence of
qualifications of the nationals of the Member States in order to facilitate
access to, and engagement in, employment and non-wage-earning activities
in the Community.
2. The Member States shall establish or employ, as the case may be,
appropriate mechanisms to establish common standards to determine
equivalency or accord accreditation to diplomas, certificates and other evidence
of qualifications secured by nationals of other Member States.
3. COHSOD shall also establish measures for the co-ordination of
legislative and administrative requirements of the Member States for the
participation of Community nationals in employment and for the conduct of
non-wage-earning activities in the Community.
ARTICLE 36
PROHIBITION OF NEW RESTRICTIONS ON THE PROVISION OF
SERVICES
1. The Member States shall not introduce any new restrictions on the
provision of services in the Community by nationals of other Member States
except as otherwise provided in this Treaty.
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2. Without prejudice to the provisions relating to the right of
establishment, persons providing services may, in order to provide such
services, temporarily engage in approved activities in the Member State where
the services are to be provided under the same conditions enjoyed by nationals
of that Member State.
3. The Member States shall notify COTED of existing restrictions on
the provision of services in respect of nationals of other Member States.
4. For the purposes of this Chapter, “services” means services provided
against remuneration other than wages in any approved sector and “the
provision of services” means the supply of services:
(a) from the territory of one Member State into the territory of
another Member State;
(b) in the territory of one Member State to the service consumer
of another Member State;
(c) by a service supplier of one Member State through
commercial presence in the territory of another Member
State; and
(d) by a service supplier of one Member State through the
presence of natural persons of a Member State in the territory
of another Member State.
ARTICLE 37
REMOVAL OF RESTRICTIONS ON PROVISION OF SERVICES
1. Subject to the provisions of this Treaty, Member States shall abolish
discriminatory restrictions on the provision of services within the Community
in respect of Community nationals.
2. Subject to the approval of the Conference, COTED, in consultation
with other competent Organs, shall, within one year from the entry into force
of this Treaty, establish a programme for the removal of restrictions on the
provision of such services in the Community by Community nationals.
3. In establishing the programme mentioned in paragraph 2 of this
Article, COTED shall:
(a) accord priority to services which directly affect production
costs or facilitate the trade in goods and services which
generate foreign exchange earnings;
(b) require the Member States to remove administrative practices
and procedures, the maintenance of which impede the
exercise of the right to provide services;
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(c) establish measures to ensure the abolition of restrictions on the
right to provide services in respect of activities accorded priority
treatment in accordance with subparagraph (a) of this paragraph,
both in terms of conditions for the provision of services in the
territories of Member States as well as the conditions governing
the entry of personnel, including their spouses and immediate
dependent family members, for the provision of services;
(d) take appropriate measures to ensure close collaboration
among competent national authorities in order to improve
their knowledge of the conditions regarding relevant
activities within the Community, and
(e) require the Member States to ensure that nationals of one
Member State have on a non-discriminatory basis, access to
land, buildings and other property situated in the territory of
another Member State for purposes directly related to the
provision of services, bearing in mind the importance of
agriculture for many national economies.
ARTICLE 38
REMOVAL OF RESTRICTIONS ON BANKING, INSURANCE AND
OTHER FINANCIAL SERVICES
1. Subject to the provisions of this Chapter, the Member States shall remove
discriminatory restrictions on banking, insurance and other financial services.
2. Subject to the approval of the Conference, COFAP, in consultation
with other competent Organs of the Community, may exclude certain financial
services from the operation of the provisions of this Article.
ARTICLE 39
PROHIBITION OF NEW RESTRICTIONS ON MOVEMENT OF
CAPITAL AND CURRENT TRANSACTIONS
The Member States shall not introduce any new restrictions on the
movement of capital and payments connected with such movement and on
current payments and transfers, nor render more restrictive existing regulations
except as provided in Article 43 and Article 46.
ARTICLE 40
REMOVAL OF RESTRICTIONS ON MOVEMENT OF CAPITAL
AND CURRENT TRANSACTIONS
1. The Member States shall, in order to ensure the proper functioning of
the CSME, remove among themselves:
(a) restrictions on the movement of capital payments;
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(b) restrictions on all current payments including payments for
goods and services and other current transfers.
2. COFAP, subject to the approval of the Conference, shall establish in
collaboration with the Committee of Central Bank Governors a programme
for the removal of the restrictions mentioned in paragraph 1 of this Article.
3. For the purpose of this Article, capital and related payments and
transfers include:
(a) equity and portfolio investments;
(b) short-term bank and credit transactions;
(c) payment of interest on loans and amortization;
(d) dividends and other income on investments after taxes;
(e) repatriation of proceeds from the sale of assets; and
(f) other transfers and payments relating to investment flows.
ARTICLE 41
AUTHORISATION TO FACILITATE MOVEMENT OF CAPITAL
1. The Member States shall, where necessary and subject to paragraph 2
of this Article, grant the authorisations required for the movement of capital
mentioned in Article 40 on a non-discriminatory basis.
2. A loan intended for State purposes may require prior notification to the
State in which it is being issued or placed.
ARTICLE 42
CO-ORDINATION OF FOREIGN EXCHANGE POLICIES AND
EXCHANGE OF INFORMATION
1. The Member States shall take such measures as are necessary to co-
ordinate their foreign exchange policies in respect of the movement of
capital between them and Third States.
2. The Member States shall keep the competent authorities in other
Member States informed of significant unusual movements of capital within
their knowledge to and from Third States.
ARTICLE 43
RESTRICTIONS TO SAFEGUARD BALANCE-OF-PAYMENTS
1. In the event of serious balance-of-payments and external financial
difficulties or threat thereof, a Member State may, consistently with its
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international obligations and subject to paragraph 5 of this Article, adopt or
maintain restrictions to address such difficulties.
2. The restrictions which may be adopted or maintained pursuant to
paragraph 1 of this Article may include quantitative restrictions on imports,
restrictions on the right of establishment, restrictions on the right to provide
services, restrictions on the right to move capital or on payments and transfers
for transactions connected therewith. However, such restrictions:
(a) shall, subject to the provisions of this Treaty, not
discriminate among Member States or against Member
States in favour of Third States;
(b) shall at all times seek to minimise damage to the
commercial, economic or financial interests of any other
Member State;
(c) shall not exceed those necessary to deal with the
circumstances described in paragraph 1 of this Article; and
(d) shall be temporary but in any event not longer than a period
of eighteen (18) months and be phased out progressively as
the situation described in paragraph 1 improves.
3. In determining the incidence of such restrictions, the Member State
concerned may accord priority to activities which are essential to its
economic stability. Such restrictions shall not be adopted or maintained for
the purpose of protecting a particular sector in contravention of the relevant
provisions of this Treaty, due regard being paid in either case to any special
factors which may be affecting the reserves of such Member State or its need
for reserves.
4. Restrictions adopted or maintained pursuant to paragraph 1 of this
Article, or any changes therein, shall be promptly notified within three (3)
working days to COFAP and to COTED, and, in any event, the Member
State concerned shall immediately consult with the competent Organ if and
when requested.
5. COFAP shall establish procedures for periodic consultations
including, where possible and desirable, prior consultations with the objective
of making recommendations to the Member State concerned for the removal
of the restrictions.
6. The consultations referred to in paragraph 5 of this Article shall:
(a) be designed to assist the Member State concerned to
overcome its balance-of-payments and external financial
difficulties;
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(b) assess the balance-of-payments situation of the Member
State concerned and the restrictions adopted or maintained
under this Article, taking into account, inter alia:
(i) the nature and extent of the balance-of-payments and
the external financial difficulties;
(ii) the external economic and trading environment of the
Member State applying the restrictions; and
(iii) alternative corrective measures which may be
available.
7. The consultations shall address the compliance of any restrictions with
paragraph 2 of this Article and, in particular, the progressive phase-out of
restrictions in accordance with paragraph 2(d).
8. In such consultations, all findings of statistical and other facts
presented by the Committee of Central Bank Governors relating to foreign
exchange, monetary reserves and balance-of-payments, shall be accepted and
conclusions shall be based on the assessment by the Committee of the
balance-of-payments and the external financial situation of the Member
State concerned.
ARTICLE 44
MEASURES TO FACILITATE ESTABLISHMENT, PROVISION OF
SERVICES AND MOVEMENT OF CAPITAL
1. In order to facilitate the exercise of the rights provided for in this
Chapter, COTED and COFAP shall, subject to the approval of the
Conference, adopt appropriate measures for:
(a) the establishment of market intelligence and information
systems in the Community;
(b) harmonised legal and administrative requirements for the
operation of partnerships, companies, or other entities;
(c) abolition of exchange controls in the Community, and free
convertibility of the currencies of the Member States;
(d) the establishment of an integrated capital market in the
Community;
(e) convergence of macro-economic performance and policies
through the co-ordination or harmonisation of monetary and
fiscal policies, including, in particular, policies relating to
interest rates, exchange rates, tax structures and national
budgetary deficits;
(f) the establishment of economical and efficient land, sea and
air transport services throughout the Community, and
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(g) the establishment of efficient communication services.
2. COFAP and COTED shall establish a comprehensive set of rules in
respect of the areas listed in paragraph 1 of this Article for approval by the
Conference.
ARTICLE 45
MOVEMENT OF COMMUNITY NATIONALS
Member States commit themselves to the goal of free movement of their
nationals within the Community.
ARTICLE 46
MOVEMENT OF SKILLED COMMUNITY NATIONALS
1. Without prejudice to the rights recognised and agreed to be accorded by
Member States in Articles 32, 33, 37, 38 and 40 among themselves and to
Community nationals, Member States have agreed, and undertake as a first
step towards achieving the goal set out in Article 45, to accord to the
following categories of Community nationals the right to seek employment
in their jurisdictions:
(a) University graduates;
(b) media workers;
(c) sportspersons;
(d) artistes; and
(e) musicians,
recognised as such by the competent authorities of the receiving
Member States.
2. Member States shall establish appropriate legislative, administrative
and procedural arrangements to:
(a) facilitate the movement of skills within the contemplation
of this Article;
(b) provide for movement of Community nationals into and
within their jurisdictions without harassment or the
imposition of impediments, including:
(i) the elimination of the requirement for passports for
Community nationals travelling to their jurisdictions;
(ii) the elimination of the requirement for work permits
for Community nationals seeking approved
employment in their jurisdictions;
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(iii) establishment of mechanisms for certifying and
establishing equivalency of degrees and for accrediting
institutions;
(iv) harmonisation and transferability of social security
benefits.
3. Nothing in this Treaty shall be construed as inhibiting Member
States from according Community nationals unrestricted access to, and
movement within, their jurisdictions subject to such conditions as the public
interest may require.
4. The Conference shall keep the provisions of this Article under review
in order to:
(a) enlarge, as appropriate, the classes of persons entitled to
move and work freely in the Community; and
(b) monitor and secure compliance therewith.
ARTICLE 47
RESTRICTIONS TO RESOLVE DIFFICULTIES OR HARDSHIPS
ARISING FROM THE EXERCISE OF RIGHTS
1. Where the exercise of rights granted under this Chapter creates serious
difficulties in any sector of the economy of a Member State or occasions
economic hardships in a region of the Community, a Member State adversely
affected thereby may, subject to the provisions of this Article, apply such
restrictions on the exercise of the rights as it considers appropriate in order to
resolve the difficulties or alleviate the hardships.
2. Where a Member State:
(a) intends to apply restrictions in accordance with paragraph 1
of this Article, it shall, prior to applying those restrictions,
notify the competent Organ of that intention and the nature
of the restrictions;
(b) is unable to comply with subparagraph (a) of this paragraph,
it shall, upon applying the restrictions in accordance with
paragraph 1, immediately notify the competent Organ of the
application and nature of the restrictions.
3. The Member State shall, at the time of application of the restrictions
mentioned in paragraph 1, submit to COTED or COFAP, as the case may
require, a programme setting out the measures to be taken by that Member
State to resolve the difficulties or to alleviate the hardships.
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4. The competent Organ shall give its earliest consideration to the
programme, and:
(a) make a determination in respect of the appropriateness of the
restrictions and whether they shall be continued; and
(b) where it decides that the restrictions shall be continued,
determine:
(i) the adequacy of the programme; and
(ii) the period for which the restrictions should continue.
The competent Organ, in making a determination under subparagraph (b)
of this paragraph, may impose such conditions as it considers necessary.
5. Restrictions applied by a Member State pursuant to paragraph 1 of this
Article shall be confined to those necessary:
(a) to resolve the difficulties in the affected sectors;
(b) to alleviate economic hardships in a particular region.
6. In applying restrictions mentioned in paragraph 5, Member States shall:
(a) minimise damage to the commercial or economic interests of
any other Member State; or
(b) prevent the unreasonable exercise of rights granted under this
Chapter, the exclusion of which could impair the
development of the CSME.
7. The Member States, in applying restrictions pursuant to paragraph 1
of this Article, shall not discriminate and:
(a) shall progressively relax them as relevant conditions
improve;
(b) may maintain them only to the extent that conditions
mentioned in paragraph 1 of this Article continue to justify
their application.
8. If COTED or COFAP, as the case may require, is not satisfied that
Member States applying restrictions are acting in accordance with the
provisions of paragraph 6 of this Article, it may recommend to the Member
States adversely affected thereby alternative arrangements to the same end.
ARTICLE 48
WAIVER OF OBLIGATIONS TO GRANT RIGHTS
1. Notwithstanding any provision in this Chapter, a Member State may
apply to the Community Council for a waiver of the requirement to grant any
of the rights mentioned in paragraph 1 of Article 30 in respect of any industry,
sector or enterprise.
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2. An application for a waiver within the meaning of paragraph 1 of this
Article shall:
(a) be made prior to the establishment of the relevant
programme for the removal of restrictions on the rights
mentioned in paragraph 1;
(b) identify the rights in respect of which the waiver is required;
(c) set out the circumstances justifying the grant of the waiver; and
(d) indicate the period for which the waiver is required.
3. The Community Council may require the applicant to furnish such
additional information as the Council may specify.
4. Where the Community Council is satisfied that the waiver should be
granted, it shall grant a waiver for a period not exceeding five years, subject
to such terms and conditions as the Community Council may determine.
5. A Member State which has been granted a waiver within the meaning
of paragraph 1 of this Article:
(a) shall not, while the waiver is in force, be entitled to espouse
a claim on behalf of its nationals against another Member
State in respect of the rights for which the waiver was
granted;
(b) shall:
(i) at the termination of the period of the waiver, remove
the restrictions and notify the Community Council; or
(ii) where the Member State removes the restrictions
before the end of the period of the waiver, notify the
Community Council accordingly.
ARTICLE 49
SPECIAL PROVISIONS FOR LESS DEVELOPED COUNTRIES
Where in this Chapter, the Member States or competent Organs are
required to remove restrictions on the exercise of the rights mentioned in
paragraph 1 of Article 30 the special needs and circumstances of the Less
Developed Countries shall be taken into account.
ARTICLE 50
ACCELERATED IMPLEMENTATION
Nothing in this Chapter shall be construed as precluding the Member
States from adopting measures to remove restrictions on the right of
establishment, the right to provide services or the right to move capital within
the Community earlier than is required by these provisions.
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CHAPTER FOUR: POLICIES FOR SECTORAL
DEVELOPMENT
PART ONE
INDUSTRIAL POLICY
ARTICLE 51
OBJECTIVES OF THE COMMUNITY INDUSTRIAL POLICY
1. The goal of the Community Industrial Policy shall be market-led,
internationally competitive and sustainable production of goods and services
for the promotion of the Region’s economic and social development.
2. In fulfilment of the goal set out in paragraph 1 of this Article, the
Community shall pursue the following objectives:
(a) cross-border employment of natural resources, human
resources, capital, technology and management capabilities for
the production of goods and services on a sustainable basis;
(b) linkages among economic sectors and enterprises within and
among the Member States of the CSME;
(c) promotion of regional economic enterprises capable of
achieving scales of production to facilitate successful
competition in domestic and extra-regional markets;
(d) establishment of a viable micro and small economic
enterprise sector;
(e) enhanced and diversified production of goods and services for
both export and domestic markets;
(f) sustained public and private sector collaboration in order to
secure market-led production of goods and services;
(g) enhanced industrial production on an environmentally
sustainable basis;
(h) balanced economic and social development in the CSME
bearing in mind the special needs of disadvantaged countries,
regions and sectors within the meaning of Article 1; and
(i) stable industrial relations.
ARTICLE 52
IMPLEMENTATION OF COMMUNITY INDUSTRIAL POLICY
1. In order to achieve the objectives of its industrial policy, the
Community shall promote, inter alia:
(a) the co-ordination of national industrial policies of the
Member States;
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(b) the establishment and maintenance of an investment-friendly
environment, including a facilitative administrative process;
(c) the diversification of the products and markets for goods and
services with a view to increasing the range and value of
exports;
(d) the organisation and development of product and factor
markets;
(e) the development of required institutional, legal, technical,
financial, administrative and other support for the
establishment or development of micro and small economic
enterprises throughout the Community; and
(f) in collaboration with the social partners, the advancement of
production integration.
2. The Community shall establish a special regime for disadvantaged
countries, regions and sectors.
3. COTED shall, in collaboration with competent organs and bodies of
the Community and the private sector, establish criteria for according special
consideration to particular industries and sectors. Such criteria shall include,
in particular, arrangements relating to the prospects of the industry for
successful production integration.
4. COTED shall collaborate with competent agencies to assist the
Member States in designing appropriate policy instruments to support
industries, which may include effective export promotion policies, financing
policies, incentives and technology policies.
5. In implementing the Community Industrial Policy, COTED shall
have regard to the provisions of this Treaty relating to environmental
protection.
6. The Member States undertake to establish and maintain appropriate
macro-economic policies supportive of efficient production in the
Community. In addition, they shall undertake to put in place arrangements
for, inter alia:
(a) effective payment mechanisms;
(b) the avoidance of double taxation;
(c) harmonised legislation in relevant areas;
(d) the elimination of bureaucratic impediments to deployment
of investments in industrial enterprises;
(e) the improvement of infrastructure and co-operation in the
areas of air and maritime transport;
(f) communications systems.
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7. In order to facilitate the implementation of the Community Industrial
Policy, COTED shall, in collaboration with competent organs and agencies:
(a) develop strategies for the development and dissemination of
market information and appropriate mechanisms to facilitate
acquisition, storage and retrieval of such information;
(b) promote the establishment and development of capital
markets in the Member States; and
(c) encourage the Member States to establish and develop export
markets, especially in non-traditional sectors, through the
development of sector specific incentives and appropriate
policy instruments.
8. For the purpose of this Article, “production integration” includes:
(a) the direct organisation of production in more than one
Member State by a single economic enterprise;
(b) complementary production involving collaboration among
several economic enterprises operating in one or more
Member States to produce and use required inputs in the
production chain; and
(c) co-operation among economic enterprises in areas such as
purchasing, marketing, and research and development.
ARTICLE 53
MICRO AND SMALL ECONOMIC ENTERPRISE DEVELOPMENT
1. The Community shall adopt appropriate policy measures to encourage
the development of competitive micro and small economic enterprises in the
Member States.
2. Without prejudice to the generality of the foregoing, the competent
Organ shall encourage policy initiatives and the establishment of effective
programmes to foster a facilitative legal, economic, and administrative
framework in the Member States to enhance micro and small economic
enterprise development, and shall promote:
(a) the development of the capacities of national and regional
support agencies for micro and small economic enterprises,
including the creation of entrepreneurial centres, by
organising technical assistance inclusive of planning,
delivery and evaluation of support services to the sector;
(b) access to, improvement in the quality of, and opportunities
for training and education in areas such as technical skills,
entrepreneurial competence and business management for
micro and small entrepreneurs;
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(c) access by micro and small economic enterprises to the
technical assistance provided by the support agencies;
(d) the establishment, development or modernising, as the case
may require, of financial institutions to provide, to micro and
small economic enterprises, services by way of appropriate
and innovative instruments;
(e) innovation within the micro and small enterprise sector; and
(f) the creation of, and access to, trade and technology
information networks.
3. For the purposes of this Article, micro and small economic enterprises
shall be economic enterprises within the meaning of Article 32 that satisfy
such other criteria as may be determined by the competent authorities.
ARTICLE 54
DEVELOPMENT OF THE SERVICES SECTOR
1. COTED shall, in collaboration with the appropriate Councils,
promote the development of the services sector in the Community in order
to stimulate economic complementarities among, and accelerate economic
development in, the Member States. In particular, COTED shall promote
measures to achieve:
(a) increased investment in services;
(b) increased volume, value and range of trade in services within
the Community and with Third States;
(c) competitiveness in the modes of delivering services; and
(d) enhanced enterprise and infrastructural development,
including that of micro and small service enterprises.
2. In order to achieve the objectives set out in paragraph 1, the Member
States shall, through the appropriate Councils, collaborate in:
(a) designing programmes for the development of human
resources to achieve competitiveness in the provision of
services;
(b) establishing a regime of incentives for the development of
and trade in services; and
(c) adopting measures to promote the establishment of an
appropriate institutional and administrative framework and,
in collaboration with the Legal Affairs Committee, promote
the establishment of the appropriate legal framework to
support the services sector in the Community.
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3. In the establishment of programmes and policies of the Community
for the development of the services sector, the relevant Councils shall give
priority to:
(a) the efficient provision of infrastructural services including
telecommunications, road, air, maritime and riverain
transportation, statistical data generation and financial
services;
(b) the development of capacity-enhancing services including
education services, research and development services;
(c) the development of services which enhance cross-sector
competitiveness;
(d) the facilitation of cross-border provision of services which
enhance the competitiveness of the services sector; and
(e) the development of informatics and other knowledge-based
services.
ARTICLE 55
SUSTAINABLE TOURISM DEVELOPMENT
1. The Community shall, in collaboration with competent international
organisations, formulate proposals for sustainable tourism development.
These proposals shall recognise the importance of the tourism sub-sector to
the economic development of the Region, and the need to conserve its cultural
and natural resources and to maintain a balance between a healthy ecology and
economic development.
2. The programme for sustainable tourism development shall have the
following objectives:
(a) an enhanced image for the Region as a tourist destination;
(b) a diversified tourism product of a consistently high quality;
(c) an expanded market-base;
(d) education programmes designed to ensure that appropriate
practices are pursued by service-providers;
(e) linkages with other sectors in the economy;
(f) conservation of the natural and cultural resources of the
Region through proper management; and
(g) appropriate infrastructure and other services in support of
tourism, considering the natural and social carrying-capacity
of the Member States.
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PART TWO
AGRICULTURAL POLICY
ARTICLE 56
THE COMMUNITY AGRICULTURAL POLICY
1. The goal of the Community Agricultural Policy shall be:
(a) the fundamental transformation of the agricultural sector
towards market oriented, internationally competitive and
environmentally sound production of agricultural products;
(b) improved income and employment opportunities, food and
nutrition security, and poverty alleviation in the Community;
(c) the efficient cultivation and production of traditional and
non-traditional primary agricultural products;
(d) increased production and diversification of processed
agricultural products;
(e) an enlarged share of world markets for primary and processed
agricultural products; and
(f) the efficient management and sustainable exploitation of the
Region’s natural resources, including its forests and the
living resources of the exclusive economic zone,
bearing in mind the differences in resource endowment and economic
development of the Member States.
ARTICLE 57
IMPLEMENTATION OF THE COMMUNITY AGRICULTURAL POLICY
1. For the achievement of the goal set out in Article 56, the Community
shall, through competent Community Organs and Bodies, promote and
support:
(a) the production, diversification, processing and marketing of
agricultural products;
(b) the establishment of effective agricultural financing systems,
including insurance, bearing in mind the special needs of
artisanal fishers, small farmers, foresters and agro-
processors;
(c) the establishment of linkages among the Member States
with complementary natural resources, industries,
agricultural skills and technical abilities;
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(d) the development of human resources and delivery systems
responsive to the requirements of the agricultural sector;
(e) the development of appropriate policies for the use of land
and marine space with a view to increased agricultural
production;
(f) appropriate land tenure systems to provide the farmer with
security of tenure;
(g) the establishment of effective information and market
intelligence services;
(h) research and development with a view to the adaptation,
dissemination and application of appropriate technologies at
all levels of the sector and all stages of production;
(i) the adoption of effective measures for rural enterprise
development;
(j) public education to enhance the economic and social profiles
of agriculture, particularly among the youth;
(k) the establishment of an effective regime of sanitary and
phytosanitary measures;
(l) the establishment of a policy environment designed to attract
investment to the agricultural sector; and
(m) technical co-operation and the dissemination of knowledge in
agriculture.
2. For the purpose of assisting the Member States to implement the
agricultural policy set out in paragraph 1, COTED shall establish effective
support measures including:
(a) strengthening the relevant administrative and institutional
framework to modernise and enhance the competitiveness of
agriculture by:
(i) improving the capability of the Member States to
undertake policy analysis, formulation, planning,
execution and resource mobilisation for the
development of the sector;
(ii) investigating and analysing developments in the agri-
food sector; and
(iii) improvement of the collection, analysis and
dissemination of empirical data and other relevant
information;
(b) upgrading of national and regional capabilities in the areas of
sustainable natural resources management;
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(c) enhancement of the capabilities of the Member States in the
areas of agricultural trade analysis and negotiations; and
(d) promotion of a mechanism for the collaboration of farmers,
fishers, foresters and the social partners in agricultural
development.
3. The Community shall:
(a) promote collaboration among the Member States and
competent regional organisations in the areas of policy
formulation and implementation of regional agricultural
policies; and
(b) establish an effective regime to protect regional agricultural
production from dumping, subsidisation and other unfair
trading practices.
4. The Community shall, as a matter of priority, and in collaboration
with national, regional and international agencies and organisations, promote
and adopt measures relating, inter alia, to:
(a) the provision of appropriate inputs; and
(b) the development of infrastructure, such as port facilities,
drainage, irrigation, access roads, post-harvest handling and
marketing facilities.
ARTICLE 58
NATURAL RESOURCE MANAGEMENT
1. The Community shall adopt effective measures to assist the Member
States in the management of their natural resources in support of the
transformation and sustainable development of the agricultural sector.
2. Without prejudice to the generality of paragraph 1 and to obligations
of Member States under existing international agreements, the Community
shall adopt measures for:
(a) the effective management of the soil, air and all water
resources, the exclusive economic zone and all other
maritime areas under the national jurisdiction of the Member
States; and
(b) the conservation of biological diversity and the sustainable
use of biological resources of the Member States, especially
those of important medicinal and traditional value.
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ARTICLE 59
MARKETING OF AGRICULTURAL PRODUCTS
1. The Community shall, in collaboration with competent national,
regional and international organisations, promote the development of effective
agricultural marketing systems in order to respond to, influence and generate
market demand for agricultural products of the Member States.
2. In effecting the promotion referred to in paragraph 1, the Community
shall pay particular attention to:
(a) market information, intelligence and planning;
(b) improved post-harvest technology;
(c) risk insurance; and
(d) efficient distribution services.
3. In order to accomplish the objectives referred to in paragraph 1, the
Community shall adopt measures to promote:
(a) the establishment of a regional market information system;
(b) the improvement of production and market information
systems of the Member States in order to facilitate, inter alia,
the efficient co-ordination of marketing strategies and systems;
(c) institutional arrangements including producer associations
and joint venture marketing enterprises in order to respond to
existing and changing market conditions;
(d) niche marketing;
(e) linkages between agriculture and other sectors in particular,
the tourism sector;
(f) the identification and utilisation of sources of low cost
alternative inputs;
(g) the establishment and adoption of regional standards and
specifications compatible with international standards for
products being traded;
(h) enhanced productivity and food quality;
(i) insurance coverage for primary agricultural products; and
(j) the development of efficient distribution services to facilitate
intra-regional and extra-regional marketing.
4. In pursuance of the need to generate market demand for agricultural
products of the Member States and to promote the agricultural development of
the Less Developed Countries, the Member States shall agree to the
arrangements for marketing oils and fats set out in Schedule III.
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ARTICLE 60
FISHERIES MANAGEMENT AND DEVELOPMENT
1. The Community, in collaboration with competent national, regional
and international agencies and organisations, shall promote the development,
management and conservation of the fisheries resources in and among the
Member States on a sustainable basis.
2. The Community shall effect the promotion and facilitation referred to
in paragraph 1 by:
(a) enhancing the institutional capabilities of the Member States
in areas such as policy formulation, registration and
management systems, resource monitoring and assessment,
and harvesting and post-harvesting technologies;
(b) establishing mechanisms to provide assistance in:
(i) the development, management and conservation of the
fisheries resources;
(ii) the discharge of obligations relating to fisheries resources
arising under Articles 62, 63 and 64 of the United Nations
Convention on the Law of the Sea (1982).
(c) effective regional representation at international fora;
(d) establishing development programmes for aquaculture;
(e) encouraging the establishment of protected aquatic habitats
and associated terrestrial areas and fish populations for the
sustainable development of fisheries resources of the
Member States; and
(f) establishing, facilitating and strengthening research and
human resource development at the professional, technical
and vocational levels.
3. The Community shall collaborate with the Member States in:
(a) the management of straddling and highly migratory fish
stocks;
(b) ongoing surveillance of their exclusive economic zones;
(c) the delimitation of maritime boundaries; and
(d) safeguarding their marine environment from pollutants and
hazardous wastes.
4. Without prejudice to the provisions of Article 56, COFCOR shall
promote the establishment of a regime for the effective management,
conservation and utilisation of the living resources of the exclusive economic
zones of the Member States.
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5. For the purpose of this Article, “fisheries resources” includes all the
fishable resources, natural and cultured, in the inland and internal waters,
territorial seas and the exclusive economic zones of the Member States.
ARTICLE 61
FOREST MANAGEMENT AND DEVELOPMENT
1. The Community shall, in collaboration with competent national,
regional and international agencies and organisations, promote the
development, management and conservation of the forest resources in the
Member States on a sustainable basis.
2. The Community shall effect the promotion and facilitation referred to
in paragraph 1 by formulating policies and programmes for:
(a) the management of its forest resources;
(b) the integration of forest development in rural communities;
(c) enhancing the institutional capabilities of the Member States
to design and implement forest management systems;
(d) establishing, facilitating and strengthening programmes for
research and for human resource development at the
professional, technical and vocational levels;
(e) encouraging public and private sector participation in the
development and application of technology;
(f) providing incentives for forestry development to stimulate
domestic, regional and foreign investment in the forestry
sub-sector;
(g) harmonising standards for quality assurance, compatible with
international specifications;
(h) promoting commercialisation of natural forest products in a
sustainable manner; and
(i) undertaking national forest inventories.
3. For the purposes of this Article, “forest resources” are those natural
assets of forest lands, including timber and other forest products, biological
diversity, recreation, fish and wildlife habitat, wilderness, flora and fauna, air,
water and soil.
ARTICLE 62
SAVING
The provisions of this Chapter are without prejudice to obligations of the
Member States under existing international agreements.
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PART THREE
COMMON SUPPORTIVE MEASURES
ARTICLE 63
HUMAN RESOURCES DEVELOPMENT
1. Without prejudice to any other provision of this Treaty relating to
human resources development, the COTED shall, in collaboration with the
COHSOD, adopt measures to develop the Community’s human resources
which shall, inter alia, support its thrust toward international competitiveness
in the development, production and delivery of goods and services.
2. The measures referred to in paragraph 1 of this Article shall be designed
to address the economic, social and cultural aspects of human resources
development, and shall include the following:
(a) development of programmes that will assist Community
nationals in engendering the attitudes and acquiring the
competence to function effectively;
(b) development of the skills and attitudes required to foster a
culture of entrepreneurship;
(c) establishing and strengthening educational and training
institutions for formal and informal modes of delivery and
alternative modes for distance education;
(d) development of industry-oriented curricula designed to
improve the competitiveness of regional industries; and
(e) promotion of multi-lingual skills at all levels for general
education, with particular emphasis on the needs of the
services sector.
3. The Community shall, in particular and on a continuing basis, adopt
effective measures for the development of human resources to satisfy the
requirements for cadres of skilled agricultural personnel at all levels in the
Member States.
4. For the purposes of paragraph 3, provision shall be made to:
(a) monitor and evaluate, on an on-going basis, the demand for,
and appropriateness of agricultural education and training;
(b) establish training programmes in the agricultural sector;
(c) develop effective delivery of in-field training for farmers,
foresters and fishers; and
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(d) improve the facilities and strengthen the capabilities of
regional training institutions and national administrations in
support of agricultural development.
5. In performing the functions referred to in paragraph 4 of this Article, the
Community shall collaborate with education and training institutions and relevant
regional and international organisations in developing harmonised agricultural
syllabuses, training materials and case studies in key areas of farming, fisheries
and forestry utilising distance education technology where appropriate.
ARTICLE 64
RESEARCH AND DEVELOPMENT
1. COTED shall promote market-led research, technological development
and adaptation of technology in the Community in order to support the
production, on a sustainable basis, of goods and services in the Member States
with a view to diversifying such production and enhancing its international
competitiveness.
2. In the discharge of its mandate set out in paragraph 1 of this Article,
COTED shall adopt measures to encourage, inter alia, inventions and
innovation, and acquisition, transfer, assimilation, adaptation and diffusion of
technologies in the Community. Without prejudice to the generality of the
foregoing, COTED shall:
(a) encourage public and private sector agencies, research
establishments and tertiary institutions in their research and
technological development activities and assist in identifying
sources of funding for such activities;
(b) promote co-operation in research and technological
development among the Member States and with Third
States and competent international organisations;
(c) facilitate co-operation:
(i) in training;
(ii) in the exchange of scientific and technical information
among competent institutions;
(iii) in the free movement of researchers in the
Community;
(iv) among private sector enterprises to integrate the
results of research and development in the production
process;
(d) develop and implement technological policies and
strategies, having due regard for the importance of
technology management and protection of intellectual
property rights;
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(e) facilitate access by Community nationals to technological
and research facilities of Member States; and
(f) promote the development of technology extension services.
3. In particular, COTED shall promote and encourage research and
development, and the adaptation, diffusion and transfer of appropriate
technologies in order to achieve increased agricultural production and
productivity, bearing in mind the need to protect the independence and human
rights of the farming community.
4. COTED shall, in collaboration with competent public and private
sector research and development institutions, encourage and assist Member
States:
(a) to facilitate access to and use of new and appropriate
technologies in the agricultural sector;
(b) to develop:
(i) efficient systems for the generation and transfer of
appropriate technologies; and
(ii) technological and institutional capabilities in the
public and private sectors, compatible with
competitive and sustainable agricultural production.
5. In the pursuit of its functions under this Article, COTED shall
encourage the private sector to play a vital role in:
(a) the development, adaptation and transfer of appropriate
technologies in the agricultural sector; and
(b) the development of producer associations as a basis for
autonomous action and intra-regional transfer of
technologies and research findings.
6. COTED shall co-operate with the Member States and competent
organisations to devise means of protecting, developing and commercialising
local knowledge about the value and use of the Region’s biodiversity for the
benefit of their populations, especially their indigenous peoples.
ARTICLE 65
ENVIRONMENTAL PROTECTION
1. The policies of the Community shall be implemented in a manner that
ensures the prudent and rational management of the resources of the Member
States. In particular, the Community shall promote measures to ensure:
(a) the preservation, protection and improvement of the quality
of the environment;
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(b) the protection of the life and health of humans, animals and
plants; and
(c) the adoption of initiatives at the Community level to address
regional environmental problems.
2. In formulating measures in relation to the environment, the
Community shall take account of:
(a) available and accessible scientific and technical data;
(b) environmental conditions in the Member States;
(c) the potential costs and benefits of action or inaction;
(d) the economic and social development of the Community
as a whole and the balanced development of the Member
States;
(e) the precautionary principle and those principles relating to
preventive action, rectification of environmental damage at
source and the principle that the polluter pays; and
(f) the need to protect the Region from the harmful effects of
hazardous materials transported, generated, disposed of or
shipped through or within the Community.
3. In performing its functions under this Treaty, COTED shall ensure a
balance between the requirements of industrial development and the protection
and preservation of the environment.
4. In giving effect to this Article, the Community and the Member States
shall, within their respective spheres of competence, co-operate with Third
States and competent environmental organisations.
ARTICLE 66
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
COTED shall promote the protection of intellectual property rights
within the Community by, inter alia:
(a) the strengthening of regimes for the protection of intellectual
property rights and the simplification of registration
procedures in the Member States;
(b) the establishment of a regional administration for intellectual
property rights except copyright;
(c) the identification and establishment, by the Member States
of mechanisms to ensure:
(i) the use of protected works for the enhanced benefit of
the Member States;
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(ii) the preservation of indigenous Caribbean culture; and
(iii) the legal protection of the expressions of folklore,
other traditional knowledge and national heritage,
particularly of indigenous populations in the
Community;
(d) increased dissemination and use of patent documentation as a
source of technological information;
(e) public education;
(f) measures to prevent the abuse of intellectual property rights
by rights holders or the resort to practices which
unreasonably restrain trade or adversely affect the
international transfer of technology; and
(g) participation by the Member States in international regimes
for the protection of intellectual property rights.
ARTICLE 67
STANDARDS AND TECHNICAL REGULATIONS
1. COTED shall, in collaboration with competent agencies, develop a
standardisation programme in furtherance of the objectives of this Chapter and
consistent with the international obligations of the Member States.
2. In implementing the programme, the Member States shall not use
standards, technical regulations and conformity assessment procedures as
barriers to trade.
3. The programme shall have the following objectives:
(a) trade facilitation;
(b) enhanced efficiency in the production and delivery of goods
and services;
(c) improved quality of goods and services traded within the
Community and with Third States; and
(d) consumer and environmental protection.
4. The programme shall include the following elements:
(a) harmonisation of standards and technical regulations, and
transparency in the development and promulgation of
standards and technical regulations;
(b) recognition of conformity assessment procedures through
mutual recognition agreements or other means;
(c) facilitation of standards infrastructure development at the
national and regional levels;
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(d) facilitation of metrology infrastructure development; and
(e) arrangements for the exchange of information with respect to
development and implementation of standards and technical
regulations among the parties to this Treaty.
5. The Community shall promote the establishment of a regional
standards body which shall, inter alia:
(a) facilitate implementation of the standardisation programme;
(b) assist the Member States in understanding and fulfilling their
obligations under this Treaty and other international
agreements;
(c) promote the development of national standards bodies in the
Member States; and
(d) facilitate access to technical assistance available in the
Member States and in Third States.
6. For the purposes of this Article, the following definitions apply:
(a) “technical regulations” means regulations which lay down
product characteristics or their related processes and
production methods, including the applicable administrative
provisions, with which compliance is mandatory. The term
may also include or deal exclusively with terminology,
symbols, packaging, marking or labelling requirements as
they apply to a product, process or production method;
(b) “standard” means a guideline approved by a recognised body,
that provides, for common and repeated use, rules, guidelines
or characteristics for products or related processes and
production methods, with which compliance is not
mandatory. The term may also include or deal exclusively
with terminology, symbols, packaging, marking or labelling
requirements as they apply to a product, process or
production method;
(c) “conformity assessment procedures” includes any procedure
used, directly or indirectly, to determine that relevant
requirements in technical regulations or standards are fulfilled.
ARTICLE 68
COMMUNITY INVESTMENT POLICY
COTED in collaboration with COFAP and COHSOD shall establish a
Community Investment Policy which shall include sound national macro-
economic policies, a harmonised system of investment incentives, stable
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industrial relations, appropriate financial institutions and arrangements,
supportive legal and social infrastructure and modernisation of the role of
public authorities.
ARTICLE 69
HARMONISATION OF INVESTMENT INCENTIVES
1. The Member States shall harmonise national incentives to investments
in the industrial, agricultural and services sectors.
2. COFAP shall, consistently with relevant international agreements,
formulate proposals for the establishment of regimes for the granting of
incentives to enterprises in the sectors mentioned in paragraph 1. In particular,
such proposals shall accord support for industries considered to be of strategic
interest to the Community.
3. In formulating the proposals mentioned in paragraph 2, COFAP
shall give due consideration to the peculiarities of the industries concerned
and, without prejudice to the generality of the foregoing, may provide for
the following:
(a) national incentives to investment designed to promote
sustainable, export-led industrial and service-oriented
development;
(b) investment facilitation through the removal of bureaucratic
impediments; and
(c) non-discrimination in the granting of incentives among
Community nationals.
ARTICLE 70
MACRO-ECONOMIC POLICIES
1. COFAP shall formulate proposals and adopt appropriate measures to
promote a sound macro-economic environment in the Member States,
consistent with their obligations under this Treaty and applicable international
agreements.
2. COFAP shall, in collaboration with other competent Organs, promote
economic development in the Member States through the development and
application of convergent macro-economic policies to ensure fiscal discipline,
favourable balance-of-payments, stable currencies and moderate prices without
prejudice to securing high levels of employment.
3. COFAP shall collaborate with COFCOR and COTED in co-ordinating:
(a) the economic policies of the Member States; and
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(b) the positions and presentations of the Member States in all
international economic, financial and trade meetings at which
they are represented.
4. In support of the development of macro-economic policies, the
Community shall provide for harmonisation of the output of the statistical
services of the Member States.
ARTICLE 71
FINANCIAL INFRASTRUCTURE
COFAP shall adopt proposals for the establishment of financial
infrastructure supportive of investments in the Community. In particular,
COFAP shall assist the Member States in establishing capital markets,
financial institutions and appropriate financial instruments to facilitate capital
investment on a sustainable basis.
ARTICLE 72
DOUBLE TAXATION AGREEMENTS
1. The Member States shall conclude among themselves an agreement
for the avoidance of double taxation in order to facilitate the free movement
of capital in the Community.
2. The Member States shall conclude their double taxation agreements
with Third States on the basis of mutually agreed principles which shall be
determined by COFAP.
ARTICLE 73
INDUSTRIAL RELATIONS
COHSOD shall, in consultation with COTED, formulate proposals and
adopt appropriate measures for the promotion of harmonious, stable and
enlightened industrial relations in the Community. In formulating such
measures and proposals, COHSOD shall, inter alia, promote:
(a) the objectives of full employment, improved living and
working conditions; adequate social security policies and
programmes; tripartite consultations among governments,
workers’ and employers’ organisations; and cross-border
mobility of labour;
(b) recognition of the principle of non-discriminatory treatment
among Community workers in the pursuit of employment
within the Community;
(c) the establishment and maintenance of effective mechanisms
for the enhancement of industrial relations, particularly that
of collective bargaining; and
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(d) awareness among Community workers and employers that
international competitiveness is essential for social and
economic development of Member States and requires
collaboration of employers and workers for increased
production and productivity in Community enterprises.
ARTICLE 74
LEGAL INFRASTRUCTURE
1. The Legal Affairs Committee shall co-operate with competent Organs
of the Community to advise the Member States on the legal infrastructure
required to promote investments in the Member States, including cross-border
investments, bearing in mind the provisions of Article 68.
2. The Member States shall harmonise their laws and administrative
practices in respect of, inter alia:
(a) companies or other legal entities;
(b) intellectual property rights;
(c) standards and technical regulations;
(d) labelling of food and drugs;
(e) sanitary and phytosanitary measures;
(f) competition policy;
(g) dumping;
(h) subsidies and countervailing measures; and
(i) commercial arbitration.
ARTICLE 75
DEVELOPMENT OF SOCIAL INFRASTRUCTURE
1. In establishing its industrial policy, the Community shall promote
appropriate measures for the establishment of adequate social infrastructure,
the alleviation of poverty, and securing social stability in the Member States.
2. Without prejudice to the generality of the foregoing, the Community
shall promote in the Member States:
(a) the establishment and improvement of health, education,
sports and social security institutions and facilities;
(b) conclusion of reciprocal social security agreements among
Member States in order to facilitate the movement of
skills; and
(c) training and retraining of workers, mobility of instructors
and trainees, co-operation among educational and training
institutions, and the development of distance education.
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3. The Member States shall engender an understanding and appreciation of
the Community through effective public relations, educational, cultural and
youth exchange programmes.
ARTICLE 76
ROLE OF PUBLIC AUTHORITIES
COTED shall promote the modernisation of government bureaucracies
by, inter alia:
(a) encouraging the development of closer contacts between
public sector administrations, industry and other stakeholders
to ensure that challenges presented by the global
environment are understood and co-operative solutions
developed;
(b) removing impediments and improving the regulatory
framework for economic enterprises at national and regional
levels;
(c) encouraging cost-effectiveness in the delivery of services to
the public; and
(d) proposing adequate arrangements to address the changes in
the business environment and future challenges to industry.
ARTICLE 77
SPECIAL PROVISIONS FOR LESS DEVELOPED COUNTRIES
Where in this Chapter Member States or competent Organs are required
to adopt measures for the achievement of the Community Industrial Policy,
the special needs and circumstances of the Less Developed Countries shall be
taken into account.
CHAPTER FIVE: TRADE POLICY
PART ONE
PRELIMINARY
ARTICLE 78
OBJECTIVES OF THE COMMUNITY TRADE POLICY
1. The goal of the Community Trade Policy shall be the sustained growth
of intra-Community and international trade and mutually beneficial exchange
of goods and services among the Member States and between the Community
and Third States.
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2. In fulfilment of the goal set out in paragraph 1 of this Article the
Community shall pursue the following objectives:
(a) full integration of the national markets of all Member States
of the Community into a single unified and open market area;
(b) the widening of the market area of the Community;
(c) the active promotion of export of internationally competitive
goods and services originating within the Community;
(d) the securing of the most favourable terms of trade for
Community goods and services exported to Third States and
groups of States.
3. In order to achieve the objectives of its Trade Policy, the Community shall:
(a) undertake:
(i) the establishment of common instruments, common
services and the joint regulation, operation and
efficient administration of the internal and external
commerce of the CSME;
(ii) where possible, the employment of common
negotiating strategies in the development of mutually
beneficial trade agreements with Third States and
groups of States;
(iii) participation and joint representation as appropriate in
international and regional organisations which
negotiate, establish and apply disciplines governing
international and regional trade;
(b) prohibit the imposition by the Member States of new restrictions
on imports and exports of products of Community origin.
4. Member States shall eliminate existing restrictions on imports and
exports of goods of Community origin, other than those authorised by this Treaty.
ARTICLE 79
GENERAL PROVISIONS ON TRADE LIBERALISATION
1. The Member States shall establish and maintain a regime for the free
movement of goods and services within the CSME.
2. Each Member State shall refrain from trade policies and practices, the
object or effect of which is to distort competition, frustrate free movement of
goods and services, or otherwise nullify or impair benefits to which other
Member States are entitled under this Treaty.
3. The Member States shall not introduce in their territories any new restrictions
on imports or exports of Community origin save as otherwise provided in this Treaty.
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ARTICLE 80
CO-ORDINATION OF EXTERNAL TRADE POLICY
1. The Member States shall co-ordinate their trade policies with Third
States or groups of Third States.
2. The Community shall pursue the negotiation of external trade and
economic agreements on a joint basis in accordance with principles and
mechanisms established by the Conference.
3. Bilateral agreements to be negotiated by Member States in pursuance
of their national strategic interests shall:
(a) be without prejudice to their obligations under the Treaty; and
(b) prior to their conclusion, be subject to certification by the
CARICOM Secretariat that the agreements do not prejudice
or place at a disadvantage the position of other CARICOM
States vis-a-vis the Treaty.
4. Where trade agreements involving tariff concessions are being
negotiated, the prior approval of COTED shall be required.
5. Nothing in this Treaty shall preclude Belize from concluding arrangements
with neighbouring economic groupings provided that treatment not less
favourable than that accorded to Third States within such groupings shall be
accorded to the Member States of the Community, and that the arrangements make
adequate provision to guard against the deflection of trade into the rest of
CARICOM from the countries of such groupings through Belize.
ARTICLE 81
DEPOSIT OF AGREEMENTS WITH THIRD COUNTRIES
The Member States shall deposit with the Secretariat, agreements relating
to trade or aid concluded by them with Third countries.
PART TWO
TRADE LIBERALISATION
ARTICLE 82
ESTABLISHMENT OF COMMON EXTERNAL TARIFF
The Member States shall establish and maintain a common external tariff in
respect of all goods which do not qualify for Community treatment in accordance
with plans and schedules set out in relevant determinations of COTED.
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ARTICLE 83
OPERATION OF THE COMMON EXTERNAL TARIFF
1. Any alteration or suspension of the Common External Tariff on any
item shall be decided by COTED.
2. Where:
(a) a product is not being produced in the Community;
(b) the quantity of the product being produced in the
Community does not satisfy the demand of the
Community; or
(c) the quality of the product being produced in the Community
is below the Community standard or a standard the use of
which is authorised by COTED,
COTED may decide to authorise the reduction or suspension of the
Common External Tariff in respect of imports of that product subject to such
terms and conditions as it may decide, provided that in no case shall the
product imported from Third States be accorded more favourable treatment than
similar products produced in the Member States.
3. The authority referred to in paragraph 2 to suspend the Common
External Tariff may be exercised by the Secretary-General on behalf of
COTED during any period between meetings of COTED. Any exercise of
such authority by the Secretary-General shall be reported to the next meeting
of COTED.
4. Each Member State shall, for the purpose of administering the
Common External Tariff, appoint a competent authority which shall be
notified to COTED.
5. COTED shall continuously review the Common External Tariff, in
whole or in part, to assess its impact on production and trade, as well as to
secure its uniform implementation throughout the Community, in particular,
by reducing the need for discretionary application in the day to day
administration of the Tariff.
ARTICLE 84
COMMUNITY RULES OF ORIGIN
1. Subject to the provisions of this Article, goods that have been
consigned from one Member State to a consignee in another Member State
shall be treated as being of Community origin, where the goods:
(a) have been wholly produced within the Community; or
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(b) have been produced within the Community wholly or partly
from materials imported from outside the Community or
from materials of undetermined origin by a process which
effects a substantial transformation characterised:
(i) by the goods being classified in a tariff heading
different from that in which any of those materials is
classified; or
(ii) in the case of the goods set out in the List in Schedule
I to this Treaty (hereinafter referred to as “the List”),
only by satisfying the conditions therefor specified.
2. Goods that have been consigned from one Member State to a
consignee in another Member State for repair, renovation or improvement
shall, on their return to the Member State from which they were exported,
be treated for the purpose of re-importation only, in like manner as goods
which are of Community origin, provided that the goods are reconsigned
directly to that Member State from which they were exported and the value
of materials imported from outside the Community or of undetermined
origin which have been used in the process of repair, renovation or
improvement does not exceed:
(a) in the case where the goods have undergone the process of
repair, renovation or improvement in a More Developed
Country, 65 per cent of the cost of repair, renovation or
improvement;
(b) in the case where the goods have undergone the process of
repair, renovation or improvement in a Less Developed
Country, 80 per cent of the cost of repair, renovation or
improvement.
3. Where there is an interruption or inadequacy of supplies of regional
materials and the manufacturer of goods, for which the qualifying condition
for Community origin is that of “wholly produced” or “produced from
regional materials”, is unable by reason of circumstances beyond his
control to obtain supplies of the regional materials, he shall so inform the
competent authority.
4. The competent authority shall:
(a) after receipt of information from the manufacturer, cause
investigations to be made into the matter, and if he is
satisfied that the representation from the manufacturer is
justified, submit to the Secretary-General in the prescribed
instrument an application for a certificate provided for in
this Article;
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(b) at the time of making the application, inform the other
Member States of the inability of the manufacturer to obtain
the supplies of the required materials from within the
Community with respect to quantities and specifications of
the materials sought and the period during which the
materials are required.
5. The Secretary-General shall, on receipt of the application from the
competent authority:
(a) forthwith make the relevant enquiries by the quickest
possible means from the competent authorities in the other
Member States as to their ability to supply the materials
required by the manufacturer; and
(b) request a reply to the enquiry from each competent authority
within seven calendar days of the despatch of his enquiry.
6. A competent authority shall reply to the enquiry referred to in paragraph
5 within the time specified.
7. Where the Secretary-General, on the basis of his investigations, is
satisfied that the application received from the competent authority justifies
favourable consideration, he shall, notwithstanding that he may not have
received a reply to his enquiry from one or more Member States, within
fourteen calendar days after the receipt of the application from the competent
authority, issue, on behalf of COTED, a certificate to the competent authority
authorising the use of like materials from outside the Community, subject to
such conditions as he may think fit to impose.
8. The Secretary-General shall inform the Member States of the issue of
his certificate, including any conditions attaching thereto and that
notwithstanding anything to the contrary in the provisions of this Article,
goods manufactured from like materials imported from outside the
Community shall be deemed to be of Community origin.
9. A Member State may treat as of Community origin any imports
consigned from another Member State, provided that the like imports
consigned from any other Member State are accorded the same treatment.
Member States concerned shall promptly inform COTED of any trading
arrangements concluded pursuant to this paragraph and COTED may, as it
thinks fit, recommend to the Member States concerned the adoption of
alternative trading arrangements.
10. The provisions of Schedule I shall apply to and have effect for the
purposes of this Article. COTED shall keep the Schedule and, in particular,
the List under continuous review, and may amend the Schedule in order to
ensure the achievement of the objectives of the Community.
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11. The issue of a certificate in accordance with paragraph 7 shall be
reported by the Secretary-General to COTED at the Meeting of COTED next
following the date of issue thereof.
ARTICLE 85
EXPORT PROMOTION
1. COTED shall adopt appropriate measures for the promotion and export
of goods and services.
2. In the implementation of measures to promote exports, COTED shall
give consideration to:
(a) the establishment and maintenance of effective trade
information systems and services;
(b) the design and implementation of trade facilitation
programmes including the conduct of market research and the
organisation of trade missions;
(c) the co-ordination and support of the active participation of
the Member States in international trade promotion fora,
including trade fairs and exhibitions.
ARTICLE 86
FREEDOM OF TRANSIT
1. The Member States shall grant freedom of transit within the
Community with respect to goods and vessels and other vehicles transporting
those goods.
2. For the purpose of paragraph 1 of this Article, transit means the
passage of goods and of vessels and aircraft and vehicles transporting those
goods:
(a) through or across the frontier of a Member State;
(b) with or without transhipment, warehousing, breaking bulk
or change of mode of transport, where the passage is only a
portion of a journey beginning and terminating beyond its
frontier.
3. In granting freedom of transit within the meaning of paragraph 2, the
Member States:
(a) shall ensure that there are no unnecessary delays or
restrictions and that goods, vessels, aircraft and vehicles
transporting those goods are subject only to charges for
transport, handling, and other services rendered;
(b) shall not discriminate based on the flag of vessels, place of
origin, departure, entry, exit or destination or any
circumstance relating to the ownership of goods, vessels, or
aircraft or vehicles;
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(c) shall, with respect to regulations, formalities, fees and other
service charges in connection with the transit, ensure that
treatment extended to any Member State is on terms no less
favourable than those extended to all other Member States.
ARTICLE 87
IMPORT DUTIES
1. Save as otherwise provided in this Treaty, Member States shall not
impose import duties on goods of Community origin.
2. Nothing in paragraph 1 of this Article shall be construed to extend to
the imposition of non-discriminatory internal charges on any products or a
substitute not produced in the importing Member State.
3. This Article does not apply to fees and similar charges commensurate
with the cost of services rendered.
4. Nothing in paragraph 3 of this Article shall be construed to exclude
from the application of paragraph 1 of this Article any tax or surtax of
customs on any product or a substitute not produced in the importing State.
ARTICLE 88
PROHIBITION OF EXPORT DUTIES
1. The Member States shall not apply any export duties on goods of
Community origin traded within the Community.
2. Nothing in this Article shall prevent a Member State from taking such
measures as are necessary to prevent evasion of export duties which are applied
to products destined for export outside of the Community where such products
are re-exported through another Member State.
3. For the purposes of this Article, “export duties” means any duties or
charges with equivalent effect imposed on or in connection with the
exportation of goods.
ARTICLE 89
EXPORT DRAWBACK
1. A Member State may refuse to treat as of Community origin goods
which benefit from export drawback allowed by other Member States. In
applying this paragraph, a Member State shall accord the same treatment to
such goods consigned from all other Member States.
2. Whenever a Member State intends to apply an export drawback within
the meaning of paragraph 6, it shall notify COTED.
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3. The Member State shall, at the time of notification, set out the
circumstances which justify the need to apply an export drawback, the
products which will benefit therefrom, the nature and proposed duration of the
measures, and such other information as COTED may prescribe from time to
time.
4. COTED shall give its earliest consideration to the notification referred
to in paragraph 3 and make a determination of the appropriateness of the
measures and, if it is not satisfied, may recommend that the Member State
which intends to apply an export drawback, modify the programme.
5. COTED shall review annually all export drawback programmes
maintained by Member States.
6. For the purposes of this Article—
(a) “export drawback” means any arrangement for the refund or
remission, wholly or in part, of import duties applicable to
imported materials: provided that the arrangement, expressly
or in effect, allows refund or remission if certain goods or
materials are exported, but not if they are retained for home
use;
(b) “remission” includes exemption for materials brought into
free ports and other places which have similar customs
privileges;
(c) “duties” means:
(i) all charges on or in connection with importation,
except fiscal charges to which Article 80 applies; and
(ii) any protective element in such fiscal charges;
(d) “materials” shall have the meaning assigned to it in Rule I
of Schedule 1 to this Treaty.
ARTICLE 90
INTERNAL TAXES AND OTHER FISCAL CHARGES
1. Save as otherwise provided in this Treaty, Member States shall not:
(a) apply directly or indirectly to imported goods of Community
origin any fiscal charges in excess of those applied directly
or indirectly to like domestic goods, or otherwise apply such
charges so as to protect like domestic goods; or
(b) apply fiscal charges to imported goods of Community origin
of a kind which they do not produce, or which they do not
produce in substantial quantities, in such a way as to protect
the domestic production of substitutes which enter into direct
competition with them and which do not bear, directly or
indirectly, in the country of importation, fiscal charges of
equivalent incidence.
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2. A Member State shall notify COTED of all fiscal charges applied by
it where, although the rates of charge, or the conditions governing the
imposition or collection of the charge, are not identical in relation to the
imported goods and to the like domestic goods, the Member State applying
the charge considers that the charge is, or has been made, consistently with
subparagraph (a) of paragraph 1 of this Article. A Member State shall, at the
request of any other Member State, supply information about the application
of paragraph I of this Article.
3. For the purposes of this Article “fiscal charges” means internal taxes
and other internal charges with equivalent effect on goods.
ARTICLE 91
QUANTITATIVE RESTRICTIONS
1. Save as otherwise provided in this Treaty, and in particular Articles 88, 89
and 90, and in Schedules II, III and IV, a Member State shall not apply any
quantitative restrictions on the importation of goods which are of Community
origin.
2. Except as otherwise provided in this Treaty, and particularly in
Articles 89 and 90, and in Schedule III, a Member State shall not apply any
quantitative restrictions on exports to any other Member State.
3. This Article shall not prevent any Member State from taking such
measures as are necessary to prevent evasion of any prohibitions or
restrictions which it applies to imports from or exports to Third States
provided that less favourable treatment is not granted to Member States than
to countries outside the Community.
4. “Quantitative restrictions” means prohibitions or restrictions on
imports into, or exports from, any other Member State, as the case may be,
whether made effective through quotas, import licences or other measures with
equivalent effect, including administrative measures and requirements
restricting imports or exports.
ARTICLE 92
DIFFICULTIES OCCASIONED BY PARTICULAR IMPORTS
1. Subject to Article 150, wherever imports of any product, including any
primary agricultural product, into a Member State cause serious injury or the
threat of serious injury to domestic producers of like or directly competitive
products in any industry or specific sector of any industry, the importing
Member State shall be free to impose restrictions in respect of such product if:
(a) the import of the product in question results in a substantial
decrease in demand for the like or directly competitive
product produced within its jurisdiction; and
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(b) the decrease in demand is directly linked to an increase in
imports consigned from another Member State.
2. Where a Member State decides to exercise its rights under paragraph 1,
it may provisionally, until a determination by COTED is made:
(a) limit imports of the product of Community origin by means
of quantitative restrictions at a rate not less than the rate of
such imports during any period of 12 months which ended
12 months before the date on which the restrictions entered
into force;
(b) take such other measures either instead of or in addition to
quantitative restrictions in accordance with subparagraph (a)
as COTED may authorise.
3. In applying the restrictions in accordance with paragraph 2, a Member
State shall not discriminate among the sources of supply or the nationality of
suppliers, and shall give consideration to the proportionate share of the market
previously enjoyed by each Member State.
4. Where a Member State:
(a) intends to act in accordance with paragraph 2, it shall, prior
to taking such action, enter into consultations with affected
Member States and notify COTED of that intention and the
nature of the action;
(b) is unable to comply with subparagraph (a) of this paragraph,
it shall, in taking the action, immediately notify COTED of
the application and the nature of the action.
5. The Member State at the time of taking such action in accordance with
paragraph 2 shall submit to COTED:
(a) such information as is reasonably available, including:
(i) the identity of the producers and the length of time
during which the producers of the like or directly
competitive product have been in production;
(ii) a complete description of the product and the annual
volume of production;
(iii) an estimate of the size by volume of the domestic
market, the share by volume in the domestic market
of the domestic product, imports from other Member
States and from Third States;
(iv) information on changes in the level of sales and
employment for the periods comparable to the periods
during which imports have increased; and
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(v) any other information as COTED may from time to
time prescribe;
(b) a programme setting out the measures to be taken to assist
the domestic producers to alleviate the difficulties they face
and to restore their position in the domestic market.
6. COTED shall give its earliest consideration to the submission made
under paragraph 5, and:
(a) make a determination of the appropriateness of the
restrictions and whether they shall be continued;
(b) where it decides that the restrictions shall be continued,
determine the adequacy of the programme and the period for
which the restrictions shall continue.
7. Restrictions applied by a Member State pursuant to paragraph 2 shall
be confined to those necessary to forestall a threat of serious injury or
otherwise eliminate injury.
8. The Member States in applying restrictions pursuant to paragraph 2
shall not discriminate and:
(a) shall progressively relax them as the relevant conditions
improve;
(b) may maintain them only to the extent that the conditions
mentioned in paragraph 1 of this Article continue to justify
their application.
9. If a Member State has demonstrated that the imposition of measures
by another Member State under paragraph 2 has caused injury or the threat of
serious injury to domestic producers in its jurisdiction, then the first
mentioned Member State may request consultation with the Member State
maintaining the restrictions and notify COTED accordingly.
10. Where the consultations do not result in a mutually agreed solution,
the matter may be referred to COTED for a determination.
11. If COTED is not satisfied that the Member States applying
restrictions are acting in accordance with the provisions of paragraph 7, it may
recommend to the Member State adversely affected thereby, alternative
arrangements to the same end.
ARTICLE 93
GOVERNMENT ASSISTANCE TO ECONOMIC DEVELOPMENT
1. Except as otherwise provided in this Treaty, a Member State shall not
maintain or introduce:
(a) the forms of assistance to export of goods to any other part
of the Community which are described in Schedule V; or
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(b) any other forms of assistance, the main purpose or effect of
which is to frustrate the benefits expected from such removal
or absence of duties and quantitative restrictions as is required
by this Treaty.
2. If the application of any type of assistance by a Member State,
although not contrary to paragraph 1(b) of this Article, nevertheless frustrates
the benefits expected from such removal or absence of duties and quantitative
restrictions as is required by this Treaty, COTED may authorise any Member
State to suspend, in relation to the Member State which is applying the
assistance, the application of such obligations under this Treaty as the
COTED considers appropriate.
3. COTED may amend the provisions of Schedule V.
ARTICLE 94
PUBLIC UNDERTAKINGS
1. Except as otherwise provided in this Treaty, Member States shall
ensure the elimination in the practices of public undertakings of:
(a) measures the effect of which is to afford protection to
domestic production and which would be inconsistent with
this Treaty if achieved by means of a duty or charge with
equivalent effect or quantitative restrictions or Government
assistance; or
(b) trade discrimination on grounds of territorial origin in so far
as it frustrates the benefits expected from the removal or
absence of such charges, duties and quantitative restrictions
as is required by this Treaty.
2. In so far as Article 92 is relevant to the activities of public
undertakings, that Article shall apply to them in the same way as it applies to
other enterprises.
3. Where a public undertaking has introduced a measure or practice
which:
(a) is inconsistent with paragraph 1; or
(b) in law or in effect, results in limiting access to any market,
distorts competition or fair trade, or otherwise nullifies or
impairs benefits expected from the establishment of the
CSME, then, in such a case, the aggrieved Member State
may request consultations with the offending Member State
and promptly notify COTED of the request.
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4. The Member State alleged to have introduced a measure or practice
within the meaning of paragraph 3 shall give favourable consideration to a
request for consultations by the aggrieved Member State with a view to
resolving their differences and arriving at a mutually acceptable solution.
5. If no mutually acceptable solution is reached within 30 days of the date
of request for consultations, the aggrieved Member State may refer the matter
to COTED, which shall cause an investigation to be carried out into the
circumstance giving rise to the complaint; the investigation is to be
completed within 60 days of the date of receipt of the complaint by COTED.
6. COTED shall, upon receipt of the report arising from the investigation,
make available the report to the Member States concerned to facilitate
consultations and to permit them to reach a mutually acceptable solution.
7. If no mutually acceptable solution is reached at the end of 15 days starting
from the date of submission of the report by COTED to the parties concerned and
COTED is satisfied that the rights of the aggrieved Member States under paragraph
1 have been unreasonably denied, then COTED shall request the offending
Member State to withdraw the measure or practice, as the case may be.
8. If the offending Member State referred to in paragraph 7 fails to comply
with the request of COTED within 60 days of the date thereof, then COTED
may authorise the Member States to suspend, in relation to the Member State
which is applying the measure or practice, the application of such provisions
of this Treaty as COTED may decide.
9. The Member States shall ensure that new practices of the kind described
in paragraph 3 of this Article are not introduced.
10. For the purposes of this Article, “public undertakings” means central,
regional, or local government authorities, public enterprises and any other
organisation by means of which a Member State by law or in practice controls or
appreciably influences imports from, or exports to any other part of the Community.
ARTICLE 95
CO-OPERATION IN CUSTOMS ADMINISTRATION
1. The Member States shall co-operate with each other to ensure that their
interpretation and application of Articles 82, 83, 84, 86, 87, 88, 89, 90, 93
and Schedule I are effectively and harmoniously applied, particularly with
respect to provisions relating to:
(a) effective customs systems and procedures governing the
movement of goods, people and conveyances across
customs borders;
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(b) maximising the effectiveness of co-operation among
customs administrations and with international agencies to
combat customs and other cross-border offences.
2. The Member States undertake to establish harmonised customs
legislation and customs procedures in accordance with the provisions of this
Chapter.
3. COTED shall establish procedures for co-operation in customs
administration as described in paragraph 1 of this Article.
PART THREE
SUBSIDIES
ARTICLE 96
DETERMINATION OF A SUBSIDY
For the purpose of this Part, a subsidy shall be deemed to exist if there
is a financial contribution by a Government or any public body within the
territory of a Member State (hereinafter referred to as “government”) where:
(a) government practice involves direct transfer of funds (e.g.,
grants, loans and equity infusion) or potential direct transfer
of funds or liabilities (e.g., loan guarantees);
(b) government revenue that is otherwise due is foregone or not
collected (e.g., fiscal incentives, such as tax credits);
(c) a government purchases goods or provides goods or services
other than general infrastructure;
(d) a government makes payments to a funding mechanism, or
directs or entrusts to a private body the conduct of activities
mentioned in subparagraphs (a), (b) and (c) which are
normally conducted by governments;
(e) there is any form of income or price support, and a benefit
is thereby conferred.
ARTICLE 97
TYPES OF SUBSIDIES
1. A subsidy within the meaning of Article 96 shall be categorised as
follows:
(a) a prohibited subsidy;
(b) a subsidy which:
(i) causes injury to a domestic industry; or
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(ii) results in nullification or impairment of benefits
accruing directly or indirectly to any Member
State; or
(iii) seriously prejudices the interests of any Member
State; or
(c) a subsidy which causes serious adverse effects to a domestic
industry of any Member State such as to cause damage which
would be difficult to repair:
Provided that the subsidy is specific to an enterprise or industry or group
of enterprises or industries within the jurisdiction of the granting Member
State.
2. For the purpose of this Chapter a determination of whether a subsidy
as defined in Article 92 is specific shall be governed by the following:
(a) in order to determine whether a subsidy referred to in
paragraph 1 of this Article is specific to an enterprise or
industry or group of enterprises or industries (referred to in
this Part as “certain enterprises”) within the jurisdiction of
the granting authority, the following criteria shall apply:
(i) where the granting authority, or the legislation
pursuant to which the granting authority operates,
explicitly limits access to a subsidy to certain
enterprises, such a subsidy shall be specific;
(ii) where the granting authority, or the legislation
pursuant to which the granting authority operates,
establishes objective criteria or conditions governing
the eligibility for, and the amount of, a subsidy,
specificity shall not exist, provided that the eligibility
is automatic and that such criteria and conditions are
strictly adhered to. The criteria or conditions must be
clearly spelled out in law, regulation, or other official
document, so as to be capable of verification;
(iii) if, notwithstanding any appearance of non-specificity
resulting from the application of the principles laid
down in sub-subparagraphs (i) and (ii), there are
reasons to believe that the subsidy may in fact be
specific, other factors may be considered. Such
factors are: use of a subsidy programme by a limited
number of certain enterprises, predominant use of
certain enterprises, the granting of disproportionately
large amounts of subsidy to certain enterprises, and
the manner in which discretion has been exercised by
the granting authority in the decision to grant a
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subsidy. In applying this subparagraph, account shall
be taken of the extent of diversification of economic
activities within the jurisdiction of the granting
authority, as well as of the length of time during
which the subsidy programme has been in operation;
(b) a subsidy which is limited to certain enterprises located within
a designated geographical region within the jurisdiction of the
granting authority shall be specific. It is understood that the
setting or change of generally applicable tax rates by all levels
of government entitled to do so shall not be deemed to be a
specific subsidy for the purposes of this Part;
(c) any subsidy falling under the provisions of Article 99 shall
be deemed to be specific;
(d) any determination of specificity under the provisions of this
Article shall be clearly substantiated on the basis of positive
evidence.
ARTICLE 98
ENTITLEMENT TO TAKE ACTION AGAINST SUBSIDISED
PRODUCTS
1. A Member State may take action against subsidised products where:
(a) the products have benefited from a prohibited subsidy;
(b) the subsidy is specific and has caused any of the effects
referred to in Article 112; and
(c) the subsidy is specific and does not conform to the
provisions of Article 108.
2. Notwithstanding the provisions of paragraph 1, a Member State shall not
take definitive action against products which are believed to be benefitting from
subsidies referred to in Article 97 if the Member State aggrieved thereby has not:
(a) promulgated legislation to permit the introduction of
countermeasures or countervailing duties against subsidised
imports;
(b) consulted with the Member State which is alleged to have
introduced or to be maintaining subsidies identified in Article
97;
(c) notified COTED of the alleged subsidisation based on
preliminary investigations and failure of consultations; and
(d) received authorisation from COTED to introduce
countervailing duties or counter measures as a result of a
definitive determination of the existence of prohibited
subsidies which cause nullification, impairment, serious
prejudice or adverse effects caused by subsidisation.
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3. Consultations for the purposes of this Part shall follow the procedures
set out in Annex II.
ARTICLE 99
PROHIBITED SUBSIDIES
1. Subject to this Treaty, a Member State shall neither grant nor maintain
subsidies referred to in paragraph 2.
2. The following subsidies within the meaning of Article 96 shall be
prohibited:
(a) subsidies contingent, in law or in fact, whether solely or as
one of several other conditions, upon export performance,
including those listed in Schedule V; and
(b) subsidies contingent, whether solely or as one of several
other conditions, upon the use of domestic over imported
goods.
3. Nothing in this Article shall be construed as applying to agricultural
commodities produced in the Community.
ARTICLE 100
PRELIMINARY INVESTIGATION OF PROHIBITED SUBSIDIES
1. An application for an investigation may be made in writing by or on
behalf of a domestic industry to the competent authority where the industry
has reason to believe that a prohibited subsidy referred to in Article 99 has
been granted or maintained by another Member State. The authority shall
examine the application and determine, on the basis of the facts available,
whether to initiate an investigation.
2. An investigation initiated pursuant to paragraph 1 of this Article shall
be deemed to be a preliminary investigation. The authority shall give public
notice of the preliminary investigation to inform the concerned Member State,
other Member States and the interested parties all of whom shall be afforded
adequate time to submit information required and to make comments.
3. The authority shall make a preliminary determination whether a
prohibited subsidy has been granted or maintained and, where the
determination is affirmative, invite the concerned Member States and interested
parties to defend their interests.
4. A request for investigation by the domestic industry under this Article
or under Article 106 or 112 shall be accompanied by information set out in
the Illustrative List at Annex III(a).
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5. Wherever the term “domestic industry” is used in this Chapter, it shall
mean domestic industry as defined in Annex I.
ARTICLE 101
REQUEST FOR CONSULTATIONS RELATING TO PROHIBITED
SUBSIDIES
1. Whenever a Member State has reason to believe, pursuant to Article 99
that a prohibited subsidy has been granted or is maintained by a Member State,
the aggrieved or any other Member State may request consultations with the
Member State believed to be granting or maintaining the subsidy. The
aggrieved Member State shall notify COTED of the request for consultations.
A request for consultations shall include a statement of the available evidence
with regard to the existence and nature of the alleged prohibited subsidy.
2. Upon receipt of a request for consultations under paragraph 1, the
Member State believed to be granting or maintaining the subsidy shall
reply within 10 days and shall furnish the relevant information requested
and shall promptly enter into consultations which shall be concluded
within 30 days of the date of request for such consultations unless the
parties agree to extend the consultations to a mutually agreed date. The
purpose of the consultations shall be to clarify the facts relating to the
existence and type of the alleged subsidy and to arrive at a mutually
agreed solution.
ARTICLE 102
REFERENCE TO COTED TO INVESTIGATE PROHIBITED
SUBSIDIES
1. If no mutually agreed solution is reached at the completion of 30
days from the date of the request for the consultations referred to in Article
101, or at such time as the parties agree, or if the Member State believed
to be granting or maintaining the subsidy refuses to co-operate, the
Member State requesting consultations or any other Member State
interested in such consultations may refer the matter to COTED which
shall carry out an investigation to establish whether the subsidy in
question is a prohibited subsidy.
2. The referral of the matter to COTED for an investigation shall not
prevent the aggrieved Member State from taking, on a provisional basis,
which shall not be sooner than 60 days from the date of initiation of
investigations under paragraph 1 of Article 103 countermeasures to forestall
injury or to prevent further injury to its domestic industry.
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ARTICLE 103
INVESTIGATION BY COTED OF PROHIBITED SUBSIDIES
1. Whenever COTED decides to carry out an investigation pursuant to
Article 102, such an investigation by COTED shall proceed as expeditiously
as possible. COTED may appoint competent experts to advise whether the
subsidy falls to be classified as a prohibited subsidy, in which case COTED
shall set a time limit for the examination of the evidence by the competent
experts. COTED shall make its determination and issue its report which shall,
unless extenuating circumstances arise, not exceed 90 days from the date of
receipt of request for the investigation.
2. The results of an investigation carried out pursuant to Article 102 shall
be made available to all Member States for information and to afford the
concerned Member States an opportunity to arrive at a mutually agreed
solution within 30 days from the date of issue of the report failing which
COTED shall adopt the recommendations of the report.
3. If COTED is satisfied, based on the results of the investigation, that
the subsidy in question is a prohibited subsidy and that the concerned Member
States cannot reach a mutually agreed solution, it shall, subject to Article 104,
require the offending Member State to withdraw the subsidy within a specified
time-frame. Where the offending Member State fails to comply, COTED shall
authorise the aggrieved Member State to take countermeasures on the products
which benefit from such a subsidy.
ARTICLE 104
WITHDRAWAL OF PROHIBITED SUBSIDIES
1. Notwithstanding the investigation confirming the existence of a
prohibited subsidy in paragraph 3 of Article 103, COTED shall not impose a
requirement for the Member States to withdraw such a subsidy sooner than
specified in this paragraph as follows:
(a) with respect to subsidies contingent upon export
performance:
(i) the Member States with per capita GNP of less than
one thousand United States dollars shall be allowed to
maintain such subsidies; and
(ii) other Member States shall be allowed to maintain
such subsidies until 1 January 2003;
(b) with respect to subsidies contingent upon the use of
domestic over imported inputs, the Member States with per
capita GNP of less than one thousand United States dollars
shall be allowed to maintain such subsidies until 2003.
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2. Whenever the results of an investigation by COTED prove that the
alleged subsidy is not a prohibited subsidy, any provisional countervailing
measures which might have been imposed shall be promptly withdrawn and
any bond or deposit which might have been effected, released or refunded, as
the case may be. If the provisional measures referred to in this paragraph have
materially retarded the exports of the Member State which was wrongfully
alleged to have introduced or maintained prohibited subsidies, COTED shall,
upon application from such a Member State, assess the effects of the
provisionally applied measures and determine the nature and extent of
compensation which is warranted and recommend compensation in accordance
with its assessment.
3. From the date of entry into force of this Treaty until the expiration of
the dates mentioned in paragraph 1, no provisional measures shall be imposed
where it has been determined by preliminary investigations that prohibited
subsidies are maintained.
ARTICLE 105
SUBSIDIES CAUSING INJURY, NULLIFICATION, IMPAIRMENT
OR SERIOUS PREJUDICE
A Member State may take action against subsidised imports from any
other Member State where it can be established, based on an investigation,
that the effect of the subsidy has been:
(a) injury to its domestic industry;
(b) nullification or impairment of benefits which it expects
under this Treaty; or
(c) serious prejudice to its interests.
2. Serious prejudice shall be deemed to exist in the case where:
(a) the total ad valorem subsidisation of a product exceeds 5
per cent;
(b) subsidies cover operating losses sustained by an industry;
(c) subsidies cover operating losses sustained by an
enterprise, other than one time measures which are non-
recurrent and cannot be repeated for that enterprise and
which are given merely to provide time for the
development of long-term solutions and to avoid acute
social problems; or
(d) subsidies are granted in the form of forgiveness of
government-held debt and government grants to cover
debt repayment.
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3. Notwithstanding the provisions of this Article, serious prejudice shall
not be found if the Member State granting the subsidy in question
demonstrates that the effect of the subsidy has not been:
(a) to displace or impede the imports of like products from the
Member State exporting to the Member State which has
introduced or maintains the subsidy;
(b) to displace or impede the exports of a like product from the
affected exporting Member State into the market of a Third
Member State;
(c) a significant price undercutting by the subsidised product as
compared with the price of a like product of another Member
State in the same market or a significant price suppression
or price depression;
(d) lost sales of another Member State in the same market; or
(e) an increase in its market share within the CSME.
4. The provisions of this Article shall not apply to Part Three.
ARTICLE 106
PRELIMINARY INVESTIGATION OF SUBSIDIES CAUSING INJURY,
NULLIFICATION, IMPAIRMENT OR SERIOUS PREJUDICE
1. An application for an investigation may be made in writing by or on
behalf of a domestic industry to the national authority where the industry has
reason to believe that a subsidy referred to in Article 105 has been granted or
is maintained by another Member State and has caused injury, or resulted in
nullification, impairment or serious prejudice to its interests.
2. An application under paragraph 1 shall include sufficient information
about the existence of a subsidy and, if possible, its amount, injury and a
causal link between the subsidised products and the alleged injury.
3. An application to initiate an investigation shall be considered to have
been made by or on behalf of a domestic industry if it is supported by those
domestic producers whose collective output constitutes more than 50 per cent
of the total production of the like product by that proportion of the domestic
industry expressing support for or opposition to the application. The
investigation shall not be initiated where the domestic producers expressly
supporting the application account for less than 25 per cent of the total
production of the like product produced by the domestic industry.
4. Upon receipt of a request for such an investigation, the authority shall
examine the application and determine, on the basis of the facts available,
whether to initiate an investigation. If the authority decides to initiate an
investigation, it shall issue a public notice to that effect, invite the concerned
Member State, other interested Member States and interested parties to submit
required information and comments.
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5. An investigation initiated pursuant to paragraph 1 shall be deemed to
be a preliminary investigation. The authority shall inform the concerned
Member State and all interested parties of the results of the investigation.
6. For the purpose of this Part, “like product” shall be interpreted to mean
a product which is identical, i.e., alike in all respects to the product under
consideration, or in the absence of such a product, another product, which,
although not alike in all respects, has characteristics closely resembling those
of the product under consideration.
ARTICLE 107
REQUEST FOR CONSULTATIONS RELATING TO SUBSIDIES
CAUSING INJURY, NULLIFICATION, IMPAIRMENT OR SERIOUS
PREJUDICE
1. Whenever a Member State has reason to believe that a subsidy within
the meaning of Article 96 has been granted or is maintained by another
Member State, and that imports from such a Member State have resulted in
any of the effects mentioned in paragraph 1(b) of Article 97, the first-
mentioned Member State may approach the Member State believed to be
granting a subsidy with a request for consultations.
2. A request for consultations shall include a statement of available
evidence with regard to—
(a) the existence and nature of the subsidy; and
(b) the injury caused to the domestic industry; or
(c) the impairment or nullification of benefits of exporting to
other Member States in the Community; or
(d) serious prejudice to its interests.
3. Upon receipt of a request for consultations under paragraph 1, the
Member State believed to be granting or maintaining the subsidy shall reply
within 10 days, and shall furnish relevant information and enter into
consultations within 30 days of the date of the request. The purpose of the
consultations shall be to clarify the facts relating to the existence, type and
effect of the alleged subsidy and to arrive at a mutually agreed solution.
ARTICLE 108
REFERENCE TO COTED TO INVESTIGATE SUBSIDIES CAUSING
INJURY, NULLIFICATION, IMPAIRMENT OR SERIOUS PREJUDICE
1. If no mutually agreed solution is reached at the completion of 60 days
from the date of request for consultations, or on a date mutually agreed, the
Member State requesting consultations may refer the matter to COTED which
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shall initiate an investigation, make a determination to resolve the dispute and
issue a report within 120 days of the date of the request for an investigation
by the aggrieved Member State.
2. A decision by COTED to initiate an investigation shall not prevent
the aggrieved Member State from taking, on a provisional basis,
countermeasures which shall not be sooner than 60 days from the date of
initiation of a preliminary investigation by the national authority to forestall
or prevent further adverse effects.
ARTICLE 109
INVESTIGATION BY COTED OF SUBSIDIES CAUSING INJURY,
NULLIFICATION, IMPAIRMENT OR SERIOUS PREJUDICE
1. In order to arrive at a determination of the existence, degree and effect
of subsidisation, and remedial action which may be taken pursuant to the
referral of a complaint of alleged subsidisation mentioned in Article 108,
COTED shall—
(a) carry out an investigation into the circumstances relating to
the alleged grant or maintenance of the subsidy by the
offending Member State; the investigation is to be
completed within 120 days of the date of receipt of a
complaint regarding alleged subsidisation by an offending
Member State; and
(b) upon receipt of the report arising from the investigation,
promptly make available the report to the concerned
Member States to facilitate consultation and to permit the
Member States concerned to arrive at a mutually
acceptable solution.
ARTICLE 110
CONSEQUENCES OF FAILURE TO REMOVE SUBSIDIES CAUSING
INJURY, NULLIFICATION, IMPAIRMENT OR SERIOUS PREJUDICE
1. If no mutually acceptable solution is reached within 30 days of the date
of issue of the report by COTED, and COTED is satisfied:
(a) of the existence of a subsidy within the meaning of
Article 105; and
(b) that the subsidy has caused injury to the enterprise in the
aggrieved Member State; or
(c) that the subsidy has impaired or nullified benefits expected of
the aggrieved Member State with respect to its exports to the
Community; or
(d) that the effect of the subsidy was to seriously prejudice the
interests of the Member State,
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then in such a case, COTED shall request the Member State which has
granted or maintained the subsidy to take appropriate steps to remedy the
effects of the subsidy within six months of the date of the issue of the report
by COTED.
2. If, at the end of the period of six months allowed by COTED to the
Member State granting or maintaining the subsidy to remedy the effects of the
subsidy, the Member State fails to comply and in the absence of agreement on
compensation COTED shall authorise the aggrieved Member State to impose
countervailing duties at a rate equivalent to the amount of subsidisation for
such time and under such conditions as COTED may prescribe.
ARTICLE 111
TYPES OF SUBSIDIES CAUSING SERIOUS ADVERSE EFFECTS
1. The Member States shall not ordinarily impose or introduce
countervailing duties or take countermeasures on products which
benefit from:
(a) subsidies which are not specific within the meaning of
Article 97; or
(b) subsidies which are specific within the meaning of Article 97
but which satisfy all of the conditions set out in this sub-
paragraph hereunder:
(i) subsidies granted for research activities conducted by
enterprises or by higher education or research
establishments on a contract basis with firms if the
assistance covers not more than 75 per cent of the
costs of industrial research or 50 per cent of the costs
of precompetitive development activity and provided
that such assistance is limited exclusively to:
(aa) costs of personnel (researchers, technicians
and other supporting staff employed
exclusively in the research activity);
(bb) costs of instruments, equipment, land and
buildings used exclusively and permanently
(except when disposed of on a commercial
basis) for the research activity;
(cc) costs of consultancy and equivalent services
used exclusively for the research activity,
including bought-in research, technical
knowledge, patents, etc.;
(dd) additional overhead costs incurred directly as
a result of the research activity;
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(ee) other running costs (such as those of
materials, supplies and the like), incurred
directly as a result of the research activity.
(c) subsidies granted to assist disadvantaged regions within the
territory of a Member State given pursuant to a general
framework of regional development and that are non-specific
within eligible regions provided that:
(i) each disadvantaged region must be a clearly designated
contiguous geographical area with a definable
economic and administrative identity;
(ii) the Region is considered as disadvantaged on the basis
of neutral and objective criteria, indicating that the
region’s difficulties arise out of more than temporary
circumstances; such criteria must be clearly spelled
out in law, regulation, or other official document, so
as to be capable of verification;
(iii) the criteria shall include a measurement of economic
development which shall be based on at least one of
the following factors:
(aa) one of either income per capita or household
income per capita, or GDP per capita, which
must not be above 85 per cent of the average
for the territory concerned;
(bb) unemployment rate, which must be at least
110 per cent of the average for the territory
concerned;
(d) subsidies granted to assist entities in the adaptation of
existing facilities to new environmental requirements
imposed by law and/or regulations which result in greater
constraints and financial burden on enterprises provided that
the subsidies—
(i) are a one-time non-recurring measure;
(ii) are limited to 20 per cent of the cost of adaptation;
(iii) do not cover the cost of replacing and operating the
assisted investment, which must be fully borne by
firms;
(iv) are directly linked to and proportionate to a firm’s
planned reduction of nuisances and pollution, and do
not cover any manufacturing cost savings which may
be achieved; and
(v) are available to all firms which can adopt the new
equipment and/or production processes.
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(e) subsidies granted to assist enterprises to undertake training or
retraining of employees, whether or not the enterprise is
new, and the upgrading of existing facilities to facilitate
transition to competitive status within the Community,
provided that such subsidies are not specific.
2. The Member States shall notify COTED of any subsidy mentioned in
paragraph 1. Any Member State may request further information regarding a
notified subsidy programme and COTED shall review annually all notified
subsidies referred to in paragraph 1.
ARTICLE 112
PRELIMINARY INVESTIGATION OF SUBSIDIES CAUSING
SERIOUS ADVERSE EFFECTS
1. A domestic industry may submit to the competent authority an
application for an investigation to verify that serious adverse effects have been
caused by imports which benefit from subsidies referred to in Article 111.
2. Upon receipt of an application for an investigation to verify adverse
effects, the authority shall examine the application, and, on the basis of the
available facts, determine whether to initiate an investigation.
3. The investigation referred to in paragraph 2 shall be deemed a
preliminary investigation. The authority shall give public notice of its
decision to initiate a preliminary investigation and the concerned Member
State, other interested Member States, and the interested persons shall all be
invited to provide relevant information and make comments.
4. The results of the preliminary investigation shall be made available to
the concerned, Member State, other interested Member States and the
interested persons to enable them to defend their interests.
ARTICLE 113
REQUEST FOR CONSULTATIONS RELATING TO SUBSIDIES
CAUSING SERIOUS ADVERSE EFFECTS
1. Whenever a Member State has reason to believe that imports from
another Member State benefited from subsidies within the meaning of
Article 111 and such imports have resulted in serious adverse effects to a
domestic industry so as to cause damage which would be difficult to repair,
the Member State aggrieved may request consultations with the Member
State granting or maintaining the subsidy.
2. The Member State alleged to be granting the subsidy which caused
adverse effects shall reply within 10 days of the date of the request for
consultations and shall enter into the consultations requested by the aggrieved
Member State. If there is no mutual agreement within 60 days of the date of
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the request for such consultations or on a date which was mutually agreed or
if the Member State refuses to co-operate, the aggrieved Member State may
refer the matter to COTED and request COTED to carry out an investigation.
ARTICLE 114
INVESTIGATION BY COTED OF SUBSIDIES CAUSING
SERIOUS ADVERSE EFFECTS
1. The referral of the matter to COTED for an investigation shall not
prevent the aggrieved Member State from imposing on a provisional basis not
sooner than 60 days from the date of initiation of the preliminary investigation
referred to in Article 106, countermeasures to forestall or prevent further
adverse effects.
2. If COTED is satisfied that the investigation requested is justified,
COTED shall carry out the investigation, make a determination and issue a
report within 120 days from the date when the request was referred.
3. Where the results of the investigation carried out by COTED
demonstrate that the subsidised imports caused serious adverse effects to the
domestic industry of the aggrieved Member State requesting the
investigation, COTED shall recommend that the offending Member State
modify the programme of subsidies in such a way as to remove the adverse
effects complained of.
ARTICLE 115
CONSEQUENCES OF FAILURE TO ELIMINATE OR
ESTABLISH ADVERSE EFFECTS OF SUBSIDIES
1. If the offending Member State fails to implement the
recommendations of COTED within 6 months of the date of issue of the
report referred to in paragraph 2 of Article 114, COTED shall authorise the
aggrieved Member State to impose appropriate countervailing duties
commensurate with the nature and degree of serious adverse effects determined
to exist.
2. Whenever the results of an investigation by COTED prove that
serious adverse effects have not been caused by subsidised imports referred to
in paragraph 1 of Article 111, the Member State alleging that its domestic
industry has suffered serious adverse effects shall promptly refund any duties
which might have been provisionally imposed and where such provisional
duties had materially retarded the exports of the Member State complained
against, COTED shall, upon application from such State, assess the effects of
the provisionally applied duties and determine the nature and extent of
compensation which is warranted and require compensation in accordance with
its assessment.
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ARTICLE 116
IMPOSITION OF PROVISIONAL MEASURES AND
COUNTERVAILING DUTIES
1. Notwithstanding anything to the contrary in this Chapter, a Member
State aggrieved by the application or maintenance of prohibited subsidies or
by subsidies which cause injury, or result in nullification, impairment, or
serious prejudice, or cause serious adverse effects, as the case may be, shall
introduce provisional measures only on the basis of the following rules:
(a) Provisional measures may be applied only if—
(i) a preliminary investigation has been initiated in
accordance with the provisions of this Chapter, a
public notice has been given to that effect and
interested persons have been given adequate
opportunities to submit information and make
comments;
(ii) an affirmative preliminary determination has been
made of the existence of a prohibited subsidy, or a
subsidy causing injury, nullification, impairment,
serious prejudice, or a subsidy causing serious adverse
effects, as the case may be;
(iii) consultations were requested and undertaken, COTED
was notified and requested to investigate and the
authorities concerned judge such measures necessary
to prevent injury being caused during the
investigation;
(b) Provisional measures may take the form of provisional
countervailing duties guaranteed by cash deposits or bonds
equal to the amount of the subsidisation calculated on a
provisional basis;
(c) Provisional measures shall not be applied sooner than 60
days from the date of initiation of the preliminary
investigation;
(d) The application of provisional measures shall be limited to
as short a period as possible, not exceeding 120 days.
2. Where investigations by COTED continue beyond the period allowed
for the maintenance of provisional measures under subparagraph 1(d), the
Member State imposing the measures may continue with such measures until
a definitive determination is made by COTED.
3. The Member States which are parties to an investigation to verify the
existence and the effect of alleged subsidisation, may seek or accept, as the case
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may be, undertakings from the Member State alleged to have granted or to be
maintaining a subsidy. Undertakings may take the form of:
(a) withdrawal, or limiting the amount of, the subsidy to such
an extent that injury, nullification, impairment, serious
prejudice or serious adverse effects, as the case may be, are
eliminated; or
(b) a guarantee from the exporter benefiting from the subsidy to
raise his price to such an extent that the injurious effect
is eliminated.
4. If a Member State accepts a voluntary guarantee pursuant to sub-
paragraph 3(b), then the accepting Member State shall notify COTED and
promptly suspend proceedings, and any provisional measures which may
have been imposed shall be withdrawn with immediate effect.
5. In the event that investigations to determine subsidisation have
been concluded and the evidence proves injury, nullification, impairment
or serious prejudice, or serious adverse effects, as the case may be, a
Member State may impose countervailing duties retroactively to account
for the entire period during which provisional measures have been in force.
Such retroactively applied duties shall take into account the definitively
assessed countervailing duties and the amount guaranteed by cash deposit
or bond and:
(a) where the definitive countervailing duties are higher than the
provisional duties, the difference shall not be collected;
(b) where the definitive countervailing duties are lower than the
provisional duties, the excess of the deposit shall be refunded
or the bond released promptly.
6. No Member State shall impose countervailing duties other than
provisional countervailing duties without prior authorisation from COTED
and the determination and imposition of definitive countervailing duties shall
be governed by the relevant provisions of the WTO Agreement on Subsidies
and Countervailing Measures.
7. COTED shall keep under review all countermeasures imposed by the
Member States and shall ensure that the Member States observe the conditions
and timetable for review and withdrawal of countermeasures that it may have
authorised.
8. The Member States undertake to co-operate in establishing
harmonised legislation and procedures in accordance with the provisions of
this Chapter.
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PART FOUR
SUBSIDIES TO AGRICULTURE
ARTICLE 117
DEFINITION
1. For the purpose of this Part, an agricultural subsidy means any form
of domestic support, financial or otherwise, including revenue foregone,
provided by government or any public agency in favour of the producers of a
specific agricultural product or to the agricultural sector as a whole. This
includes:
(a) assistance provided by government or any public agency to
foster agricultural and rural development or to assist low
income producers or producers with deficient resources;
(b) financial concessions granted by government or a public
agency to offset the cost of agricultural inputs or to
encourage investments in agriculture;
(c) any other financial concession which has the effect of
providing price or income support to producers of
agricultural products which is administered either through
direct payments to the producers or processors of an
agricultural product or indirectly through government or
other publicly funded programmes;
(d) payments in kind to agricultural producers.
2. “Agricultural products” refers to the products in Annex IV.
ARTICLE 118
RIGHTS
Having regard to the general use of subsidies in Member States to
encourage agricultural and rural development, to promote investments in
agriculture generally and to assist low income or resource-poor producers,
Member States may grant subsidies to meet those objectives, consistently
with their obligations under international agreements and subject to the
provisions of this Part.
ARTICLE 119
OBLIGATIONS
1. Notwithstanding the right to grant subsidies indicated in Article 118,
a Member State shall not use such subsidies in a manner to distort the
production of and intra-regional trade in the product or products benefiting
from such subsidies.
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2. Accordingly, subsidies provided by a Member State to agriculture shall
not involve transfers from consumers, or direct payments to producers or
processors which would have the effect of providing price support to producers.
3. Subsidies provided by a Member State to agriculture shall be made
through publicly funded programmes which benefit the agricultural sector
generally, in areas such as research, training, extension and advisory services,
pest and disease control, inspection services, marketing and promotion
services and infrastructural services.
4. Where a Member State makes direct payments of a subsidy to
agricultural producers or processors through such schemes as crop insurance,
disaster relief, income safety-net programmes, regional assistance programmes
and structural adjustment assistance programmes, the Member State shall
ensure that these payments, whether financial or otherwise, have no or minimal
production and trade distortion effect and do not constitute price support to
producers of the product or products benefiting from the use of such schemes.
ARTICLE 120
REGULATION
1. Any subsidy provided by a Member State in favour of the production
of an agricultural product entering regional trade, except for the provision of
general services programmes or direct payments satisfying the conditions
stated in Article 119, shall not exceed 10 per cent of the total value of that
Member State’s annual production of such tradeable agricultural product in any
one year.
2. Any subsidy provided by a Member State in favour of agricultural
producers or processors in general, except for the provision of general services
programmes or direct payments satisfying the conditions stated in Article 119,
shall not exceed 10 per cent of the total value of that Member State’s annual
total agricultural output, in any one year.
3. Where a Member State provides a subsidy, except for the provision of
general services programmes or direct payments satisfying the conditions
stated in Article 119, in excess of the levels prescribed in paragraphs 1 and 2,
such a subsidy shall be considered as a subsidy causing injury, nullification,
impairment or serious prejudice.
ARTICLE 121
DISCIPLINE
1. Each Member State shall ensure that any subsidy in favour of agricultural
producers conforms with the provisions of Article 119 and Article 120.
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2. Any subsidy in favour of agricultural producers that cannot be shown
to satisfy the provisions in Article 119 and Article 120, shall be subject to the
provisions of Article 106 to Article 110 inclusive.
3. A subsidies programme undertaken in conformity with the provisions
of this Part shall be subject to action based on Articles 106 to 110 inclusive
where a determination of injury or threat thereof is made in accordance with
the provisions of this Part.
4. In the determination of a threat of injury, the investigating authorities
shall consider, inter alia, such factors as:
(i) the nature of the subsidy or subsidies in question and the
trade effects likely to arise therefrom;
(ii) a significant rate of increase of subsidised imports into the
domestic market indicating the likelihood of substantially
increased importations;
(iii) sufficient freely disposable or an imminent, substantial
increase in capacity of the exporter indicating the likelihood
of substantially increased subsidised exports to the importing
country’s market, taking into account the availability of
other export markets to absorb any additional exports;
(iv) whether imports are entering at prices that will have a
significant depressing or suppressing effect on domestic
prices, and are likely to increase demand for further imports;
(v) inventories of the product being investigated.
ARTICLE 122
DUE RESTRAINT
Where it has been determined that a subsidy causes injury or threatens to
cause such injury, in accordance with the provisions of this Part, the aggrieved
Member State shall exercise due restraint in initiating any action in
retaliation.
ARTICLE 123
NOTIFICATION
1. The Member States shall notify COTED of any subsidy programme
pursuant to Article 117 prior to implementation.
2. In addition to the notification to be submitted under this Article, any
new subsidy or modification of an existing measure shall be notified
promptly. This notification shall contain details of the new or modified
subsidy and its conformity with the agreed criteria as set out in Article 116 and
Article 120.
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3. Any Member State may bring to the attention of COTED any measure
which it considers ought to have been notified by another Member State.
ARTICLE 124
REVIEW
COTED shall undertake a review of the implementation of the provisions
on subsidies to agriculture on the basis of notifications of the subsidies
programmes submitted by the Member States, as well as on the basis of any
other documentation which the COTED may request to be prepared to
facilitate its review.
PART FIVE
DUMPING
ARTICLE 125
ACTION AGAINST DUMPING
A Member State may take action against dumped imports if such imports
cause injury or pose a serious threat of injury to a domestic industry.
ARTICLE 126
DETERMINATION OF DUMPING
1. For the purpose of this Part, a product is to be considered to be a
dumped import where it is introduced into the commerce of another country at
less than its normal value if the export price of the product exported from one
Member state to another Member State is less than the comparable price, in
the ordinary course of trade, for the like product when destined for
consumption in the exporting Member State.
2. When there are no sales of the like product in the ordinary course of
trade in the domestic market of the exporting country or when, because of the
particular market situation or the low volume of the sales in the domestic
market of the exporting country, such sales do not permit a proper
comparison, the margin of dumping shall be determined by comparison with
a comparable price of the like product when exported to an appropriate Third
country, provided that this price is representative, or with the cost of
production in the country of origin plus a reasonable amount for
administrative, selling and general costs and for profits.
3. In cases where there is no export price or where it appears to the
authorities concerned that the export price is unreliable because of association
or a compensatory arrangement between the exporter and importer or a Third
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party, the export price may be constructed on the basis of the price at which
the imported products are first resold to an independent buyer, or if the products
are not resold to an independent buyer, or not resold in the condition as
imported, on such reasonable basis as the authorities may determine.
4. A fair comparison shall be made between the export price and the
normal value. This comparison shall be made at the same level of trade,
normally at the ex-factory level, and in respect of sales made at as nearly as
possible the same time. Due allowance shall be made in each case, on its
merits, for differences which affect price comparability, including differences
in conditions and terms of sale, taxation, levels of trade, quantities, physical
characteristics, and any other differences which are also demonstrated to affect
price comparability. In the cases referred to in paragraph 3, allowances for
costs, including duties and taxes incurred between importation and resale, and
for profits accruing, should also be made. If in these cases price comparability
has been affected, the authorities shall establish the normal value at a level of
trade equivalent to the level of trade of the constructed export price, or shall
make due allowance as warranted under this paragraph. The authorities shall
indicate to the parties in question what information is necessary to ensure a
fair comparison and shall not impose an unreasonable burden of proof on those
parties.
5. In the case where products are not imported directly from the country
of origin but are exported to the importing Member from an intermediate
country, the price at which the products are sold from the country of export to
the importing Member shall normally be compared with the comparable price
in the country of export. However, comparison may be made with the price in
the country of origin, if, for example, the products are merely transshipped
through the country of export, or such products are not produced in the country
of export, or there is no comparable price for them in the country of export.
6. For the purpose of this Part , “like product” shall be interpreted to
mean a product which is identical, i.e., alike in all respects to the product
under consideration, or in the absence of such a product, another product,
which, although not alike in all respects, has characteristics closely
resembling those of the product under consideration.
ARTICLE 127
DETERMINATION OF INJURY
1. For the purpose of this Part, injury shall, unless otherwise specified,
be taken to mean material injury to a domestic industry, threat of material
injury to a domestic industry or material retardation of the establishment of
such an industry.
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2. A determination of injury within the meaning of paragraph l shall be
based on positive evidence and involve an objective examination of:
(a) the volume of the dumped imports and the effect of such
imports on prices in the domestic market for like products; and
(b) the consequent impact of the dumped imports on domestic
producers of such products.
3. In making a determination regarding the existence of a threat of
material injury, the competent authorities shall consider, inter alia:
(a) significant rate of increase of dumped imports into the
domestic market indicating the likelihood of substantially
increased importation;
(b) sufficient freely disposable, or an imminent, substantial
increase in, capacity of the exporter indicating the likelihood
of substantially increased dumped exports to the importing
Member’s market taking into account the availability of
other export markets to absorb any additional exports;
(c) whether imports are entering at prices that will have a
significant depressing or suppressing effect on domestic
prices, and would likely increase demand for further imports;
and
(d) inventories of the product being investigated.
ARTICLE 128
DEFINITION OF DOMESTIC INDUSTRY
For the purpose of this Part, the term “domestic industry” means
“domestic industry” as defined in Annex I.
ARTICLE 129
INITIATION OF PRELIMINARY INVESTIGATIONS
1. If a domestic industry in a Member State has reason to believe that it
is being injured or faces the threat of injury as a result of dumped imports, an
application may be submitted in writing by the industry or on its behalf by
an association representing the industry or by employees employed by the
producers of the like product to the competent authority to initiate an
investigation in order to verify the existence of dumped imports and injury
caused or the existence of a serious threat of injury as the case may be.
2. The application shall be considered to have been made by or on behalf
of the domestic industry if it is supported by those domestic producers whose
collective output constitutes more than 50 per cent of the total production of
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the like product produced by that portion of the domestic industry expressing
either support for or opposition to the request. However, no investigation
shall be initiated when domestic producers expressly supporting the request
account for less than 25 per cent of total production of the like product
produced by the domestic industry.
3. The authority shall examine the application and determine if an
investigation is justified and if it is satisfied, it shall issue a public notice to
that effect and request the concerned Member State, other interested Member
States and the interested parties, all of which may be requested to and shall be
afforded an opportunity to provide required information and comments.
4. A decision by the authority to initiate an investigation shall be
considered a decision to initiate a preliminary investigation, the results of
which shall be made available by a public notice.
5. Where a preliminary investigation provides sufficient evidence that
dumped imports have entered into the commerce of the Member State and such
imports seriously threaten or have injured a domestic industry, it may submit
to the competent authority of the exporting Member State a request for
consultations which shall be notified to COTED.
6. The purpose of the request for consultations shall be to establish
whether imports have been dumped and injury has been caused or there is a
serious threat of injury and if the injury or the serious threat thereof is directly
the result of dumped imports.
7. Interested parties who have been requested to provide information shall
be allowed 30 days from the date of submission of the application by or on
behalf of a domestic industry under paragraph 2 to reply unless the authorities
concerned agree to a later date.
8. For the purpose of this Part, “interested parties” shall include:
(a) an exporter or foreign producer or the importer of a product
subject to investigation, or a trade or business association, a
majority of the members of which are producers, exporters or
importers of such product;
(b) the government of the exporting Member State; and
(c) a producer of the like product in the importing Member State
or a trade and business association, a majority of the
members of which produce the like product in the territory
of the importing Member State.
9. A request for investigations to be undertaken by the competent
authority of a Member State or by COTED shall include but shall not
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necessarily be limited to the information indicated in the Illustrative List set
out in Annex III(b). If, however, an aggrieved Member State is satisfied that
the offending party had not made satisfactory efforts to afford consultations, to
provide requested information or otherwise unreasonably impede an
investigation which has been initiated, the competent authority of the Member
State aggrieved may impose on a provisional basis anti-dumping measures and
may refer the request for investigation to COTED. A public notice of the
imposition of provisional anti-dumping measures shall be issued by the
Member State which has imposed such measures.
ARTICLE 130
PROVISIONAL MEASURES
1. Provisional measures may be applied only if—
(a) an investigation has been initiated in accordance with the
provisions of paragraph 4 of Article 129, a public notice has
been given to that effect and interested parties have been
given adequate opportunities to submit information and
make comments;
(b) a preliminary affirmative determination has been made of
dumping and consequent injury to a domestic industry; and
(c) the authorities concerned judge such measures necessary to
prevent injury being caused during the investigation.
2. Provisional measures may take the form of a provisional duty or
preferably, a security—by cash deposit or bond—equal to the amount of the
anti-dumping duty provisionally estimated, being not greater than the
provisionally estimated margin of dumping. Withholding of appraisement is
an appropriate provisional measure, provided that the normal duty and the
estimated amount of the anti-dumping duty be indicated and as long as the
withholding of appraisement is subject to the same conditions as other
provisional measures.
3. Provisional measures shall not be applied sooner than 60 days from
the date of initiation of the investigation by a competent authority.
4. The application of provisional measures shall be limited to as short a
period as possible, not exceeding 120 days or, on decision of the authorities
concerned, upon request by exporters representing a significant percentage of
the trade involved, to a period not exceeding 180 days. When authorities, in
the course of an investigation, examine whether a duty lower than the margin
of dumping would be sufficient to remove injury, these periods may be 180
and 270 days, respectively.
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ARTICLE 131
CONDUCT OF INVESTIGATIONS LEADING TO DEFINITIVE
DETERMINATION OF INJURY
1. Whenever COTED receives a request for investigation, referred to it under
paragraph 9 of Article 126, COTED shall determine whether the information
accompanying the request justifies the continuation of investigations and if it is
satisfied, cause an investigation to be completed within 12 months but not
longer than 18 months after the date of receipt of the request. If COTED is not
satisfied that there is sufficient justification to initiate an investigation, it shall
inform the applicant in writing of its refusal to investigate.
2. Investigations initiated either by a competent authority of a Member
State or undertaken by COTED shall be terminated promptly whenever:
(a) the margin of dumping is determined to be less than two per
cent; and
(b) the volume of dumped imports from a particular country is
less than three per cent of imports of the like product in the
importing Member State, unless countries which
individually account for less than three per cent of the
imports of the like product into the importing Member State
collectively account for more than seven per cent of the
imports of the like product in the importing Member State,
and a public notice of the termination of investigations under this paragraph
shall be made by the Member State terminating investigations or by COTED,
as the case may be.
3. The Member States recognise that an investigation into the
circumstances of alleged dumping based on a request by another Member State
on behalf of a domestic industry will require the full co-operation of the
competent authority and the parties alleged to be responsible for dumped
imports, in the Member State from which such imports originated, all of
whom shall provide relevant information in the time specified in this Article.
4. In the conduct of an investigation to determine the existence and effect
of dumped imports, competent authorities of the Member States and the
parties concerned shall observe the rights of the parties providing information
with regard to confidentiality of any information provided and shall not
disclose any such information without the prior written approval of the parties
providing the information.
5. Where an industry within the CSME has suffered injury or faces the
threat of serious injury based on evidence of dumped imports by Third States,
the competent authority for requesting investigation on behalf of the affected
industry shall be COTED.
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6. Nothing in this Article shall be construed so as to prevent an injured
party or a Member State from initiating and proceeding with an investigation
into alleged dumping having regard to the rights of such parties under
international agreements to which they are signatories.
ARTICLE 132
CO-OPERATION BY COMPETENT AUTHORITIES
AND INTERESTED PARTIES
1. Where an applicant for an investigation who receives information
pursuant to dumping investigations requires verification of the information,
the competent authority and the parties alleged to be responsible for dumped
imports shall co-operate in allowing the applicant to carry out verifications in
the offending Member State.
2. The results of any investigations carried out by a competent authority
of a Member State aggrieved or by COTED shall be disclosed promptly to the
competent authority and the parties alleged to be responsible for dumped
imports in the offending Member State. A public notice of the conclusions of
the investigations shall be issued by the Member State or by COTED, as the
case may be.
3. The purpose of the disclosure referred to in paragraph 2 shall be to
present the facts of the case and to allow the parties alleged to be responsible
for the dumped imports to defend their interests.
ARTICLE 133
IMPOSITION OF ANTI-DUMPING MEASURES
1. COTED shall, after consideration of the available evidence and having
been satisfied of the existence of dumped imports, injury caused by dumped
imports or the threat of serious injury from dumped imports, authorise the
Member State aggrieved to take anti-dumping action:
(a) if the parties alleged to be responsible for dumped imports
refuse to co-operate within the time specified so as to
frustrate or otherwise impede an investigation;
(b) if there is a serious threat of injury or if injury has resulted.
2. In authorising the imposition of anti-dumping measures, COTED
shall set the date, duration and conditions for the imposition of the measures
as the case may require.
3. Anti-dumping action taken pursuant to this Article, shall be based on
the calculated margin of dumping and may be applied as follows:
(a) if the evidence arising from definitive investigations of
dumping proves the existence of dumping and that injury
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was caused by dumping, a Member State may impose anti-
dumping duties sufficient to eliminate the margin of
dumping. COTED may authorise all affected Member States
to impose similar anti-dumping duties for such time and
under such conditions as COTED may prescribe;
(b) in the imposition of anti-dumping duties, the Member States
imposing the measure shall not discriminate among the
sources of all dumped imports based on country of origin or
nationality of the exporters;
(c) an exporter whose exports are the subject of anti-dumping
duties may request at any time the Member State imposing
the duties to review the application of the duties against the
relevant exports;
(d) if an applicant for review of anti-dumping duties applied to
exports mentioned in subparagraph (c) is not satisfied that the
competent authorities in the importing Member States have
given adequate consideration to the request for review within 30
days of the receipt of the request, the applicant may refer the
request to COTED which shall recommend to the Member State
maintaining the anti-dumping duty to take the appropriate
action if it is satisfied that the application for review is justified;
(e) in the event that investigations have been concluded and the
evidence proves that injury has been caused, a Member State
may impose anti-dumping duties retroactively to account for
the entire period during which provisional anti-dumping duties
have been in force preceding the date of imposition of definitive
anti-dumping duties. If, however, the definitive anti-dumping
duties are higher than the provisional duties paid or payable or
the amount estimated for the purpose of security, the difference
shall not be collected. If the definitive duties are lower than the
provisional duties payable, or the amount estimated for the
purpose of security, the difference shall be reimbursed or the
duties recalculated as the case may require;
(f) if, however, the investigations reveal that injury was not
caused by dumped imports as alleged, but the provisional
measures have materially retarded exports of the Member
State complained against, COTED shall, upon application
by such State, assess the effects of the provisionally applied
duties and determine the nature and extent of compensation
which is warranted and require the Member State applying
provisional measures to withdraw the measure and pay
compensation in accordance with its assessment;
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(g) a Member State may accept a voluntary price guarantee from
an exporter who is believed to be exporting dumped products,
to raise the price of the export sufficiently to forestall a
serious threat of injury or to eliminate injury caused by
dumped imports;
(h) if a Member State has initiated investigations based on
evidence of dumped imports and the Member State had
imposed provisional measures, the Member State may, upon
the receipt of a voluntary guarantee from the exporter referred
to in subparagraph (g), promptly suspend the investigation
and withdraw any provisional measures it may have imposed
as appropriate.
4. COTED shall keep under review all anti-dumping measures imposed
by the Member States and shall ensure that the Member States observe the
conditions and the timetable for review and withdrawal of anti-dumping
measures that it may have authorised.
5. The Member States undertake to co-operate in the establishment of
harmonised anti-dumping legislation and procedures in accordance with the
provisions of this Protocol.
CHAPTER SIX: TRANSPORT POLICY
ARTICLE 134
OBJECTIVES OF THE COMMUNITY TRANSPORT POLICY
1. The goal of the Community Transport Policy shall be the provision of
adequate, safe and internationally competitive transport services for the
development and consolidation of the CSME.
2. In fulfilment of the goal set out in paragraph 1 of this Article, the
Community shall pursue the following objectives:
(a) the organisation of efficient, reliable, affordable transport
services throughout the Community;
(b) the development and expansion of air and maritime transport
capabilities in the Community;
(c) the promotion of co-operative arrangements for the provision
of transport services;
(d) the development of efficient internationally competitive
ancillary transport services;
(e) the development of human resources for employment in all
areas and at all levels of the transport sector;
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(f) the implementation of standards for the development of safe
road, riverine, sea and air transport services.
ARTICLE 135
IMPLEMENTATION OF COMMUNITY TRANSPORT POLICY
1. In order to achieve the objectives of the Community Transport Policy,
COTED shall, in collaboration with other Organs of the Community as
appropriate, promote, inter alia:
(a) co-ordination of the national transport policies of the
Member States;
(b) the implementation of uniform regulations and procedures,
consistent with standards and recommended practices, for the
development of an efficient multi-modal transport system,
particularly in respect of operations, safety, licensing and
certification;
(c) the development of required institutional, legal, technical,
financial and administrative support for the balanced,
sustainable development of the transport sector;
(d) the establishment of measures:
(i) to ensure that the development of the transport sector
does not impact adversely on the environment of the
Member States and, in particular, the Caribbean Sea;
(ii) for the acquisition and transfer of technology in the
transport sector; and
(iii) for human resources development in accordance with
Article;
(e) investment in the transport sector, including ancillary
services supportive of the sector through, for example, joint
ventures;
(f) the removal of obstacles to the provision of transport
services by nationals of the Member States in accordance
with the relevant provisions of Chapter Three.
2. COTED shall develop programmes to facilitate the achievement of the
objectives set out in Article 134.
3. The Member States shall co-ordinate their actions in order to secure
the best terms and conditions for the provision of transport services by
service providers.
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ARTICLE 136
SEARCH AND RESCUE
1. COTED shall promote co-operation in air and maritime search and
rescue operations in the Community, bearing in mind such machinery as may
exist for the overall co-ordination of search and rescue services.
2. The Member States shall notify COTED of air and maritime equipment
and facilities available for use in search and rescue operations.
3. The Member States shall collaborate with Third States and competent
international organisations in search and rescue operations.
ARTICLE 137
INTRA-COMMUNITY TRANSPORT SERVICES
1. The Member States shall adopt uniform standards and recommended
practices for the provision of transport services.
2. The Member States shall notify COTED of legislative, regulatory or
administrative measures affecting the provision of transport services within
their domestic jurisdictions where such measures deviate from uniform
standards and recommended practices.
3. The Member States adversely affected by such regulatory or
administrative measures may notify COTED of such adverse effects, and shall
have recourse to the disputes settlement procedures provided in the Treaty.
ARTICLE 138
DEVELOPMENT OF AIR TRANSPORT SERVICES
1. The Member States shall co-operate in:
(a) the development of air transport services in the Community
and towards this end may conclude among themselves air
transport agreements designed to facilitate the provision of
such services;
(b) establishing measures to ensure that the provision of
international air transport services in the Community is
undertaken by financially viable and technically qualified
carriers and operators, and that the Community interest in
safety, security and economy of air travel is not prejudiced.
2. COTED shall promote co-operation among the Member States in the
registration of aircraft and the enforcement of applicable standards in the air
transport industry.
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3. The Member States shall co-operate in ensuring uniformity in
licensing and certification procedures and equivalencies within the Community
for aviation personnel in conformity with international standards.
4. COTED shall promote co-operation among operators of air transport
services of the Member States particularly in purchasing of equipment and
supplies, the management of inventories, interline and inter-modal
operations, code sharing, reservations, insurance, leasing and
similar operations.
ARTICLE 139
AIRCRAFT ACCIDENT AND INCIDENT INVESTIGATION
1. The Member States undertake to conduct effective and comprehensive
investigations into aircraft accidents and incidents with a view to enhancing
the technical conditions for the safe delivery of air transport services.
2. The Member States shall, to the extent practicable, make available
appropriate equipment, facilities and personnel to assist in the investigation
of aircraft accidents or incidents which occur within the Community and take
effective measures to protect the property of victims, relevant evidence and the
crash site from interference and unauthorised entry.
3. The Member States shall collaborate with Third States and competent
international organisations in the conduct of aircraft accident investigations.
ARTICLE 140
DEVELOPMENT OF MARITIME TRANSPORT SERVICES
1. The Member States shall co-operate in the development of maritime
transport services in the Community. In particular, the Member States shall
co-operate in:
(a) enhancing flag and port State control activities in the
Region;
(b) developing and providing expertise in the shipping industry,
including the necessary services and infrastructure necessary
for the growth of the shipping sector;
(c) protecting the marine environment from the effects of vessel
source pollution and in combating the effects of such
pollution; and
(d) taking any other action necessary for the sustainable
development of the shipping sector.
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2. The Community shall co-operate with competent national, regional and
international organisations in establishing conditions for the provision of
efficient and affordable maritime transport services among the Member States.
3. COTED shall promote co-operation among the Member States in the
implementation of relevant international maritime instruments relating to
maritime safety, marine environmental protection, maritime accident
investigation and the facilitation of maritime traffic.
4. COTED shall promote and co-ordinate the development of maritime
transport services in the Community through, inter alia:
(a) the development of proposals for the establishment and
upgrade of small vessel enterprises in the Community;
(b) the establishment of a regime of incentives to encourage the
development of shipping enterprises in the Community;
(c) measures for the establishment, improvement and
rationalisation of port facilities in the Community, to
respond to the demands of containerisation, refrigeration and
storage of agricultural commodities, nautical and cruise
tourism and other special and dedicated services;
(d) co-operation and regular interchange among administrations
to promote a harmonised system for the development of
maritime transport in the Community;
(e) promotion of joint ventures among Community nationals
and with extra-regional shipping enterprises to facilitate the
transfer of appropriate technology and increase the
participation of the Member States in international shipping;
(f) the organisation and harmonisation of training programmes
within the Community, the strengthening of the capabilities
of training institutions and the ease of access of Community
nationals to all aspects of training and development in the
shipping industry; and
(g) measures for the development of ancillary services in the
shipping industry, including non-vessel operating common
carriers, marine insurance, freight forwarding, trans-shipment
and other services.
5. The Member States shall promote the development of maritime
transport services in the Community through, inter alia:
(a) the establishment and improvement of port facilities;
(b) the establishment of effective maritime administrations for
the regulation of shipping in the respective jurisdictions of
maritime safety and marine environmental protection;
(c) the implementation of relevant international maritime
instruments related to the safety of shipping and the
prevention of vessel source pollution; and
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(d) encouraging improved efficiency in ports and in related
services to reduce maritime transportation costs.
ARTICLE 141
SPECIAL STATUS OF THE CARIBBEAN SEA
The Member States shall co-operate in achieving international
recognition for the Caribbean Sea as a Special Area requiring protection from
the potentially harmful effects of the transit of nuclear and other hazardous
wastes, dumping, pollution by oil or by any other substance carried by sea or
wastes generated through the conduct of ship operations.
CHAPTER SEVEN: DISADVANTAGED COUNTRIES,
REGIONS AND SECTORS
PART ONE
PRELIMINARY
ARTICLE 142
SCOPE OF APPLICATION
1. The provisions of this Chapter shall have effect for the purpose of
establishing a regime for disadvantaged countries, regions or sectors within the
framework of the Treaty as well as a special regime for the Less Developed
Countries in order to enhance their prospects for successful competition
within the Community, and redress, to the extent possible, any negative
impact of the establishment of the CSME.
2. As soon as practicable after the entry into force of this Treaty, the
Conference shall, on the recommendation of the Community Council and in
accordance with Article 1, designate disadvantaged countries, regions and
sectors and may, from time to time, make such further designations or
terminate such designations as circumstances warrant.
3. Wherever in this Treaty reference is made to disadvantaged countries,
regions and sectors or to the Less Developed Countries, the Organs of the
Community shall take the measures required to give effect to the spirit and
intent of this Chapter.
ARTICLE 143
OBJECTIVE OF THE REGIMES
1. The objective of the regimes mentioned in Article 142 is to assist
the disadvantaged countries, regions and sectors towards becoming
economically viable and competitive by appropriate interventions of a
transitional or temporary nature.
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2. The interventions referred to in paragraph 1 of this Article may include:
(a) technical and financial assistance to address economic
dislocation arising from the operation of the CSME;
(b) special measures to attract investment and industries;
(c) transitional or temporary arrangements to ameliorate or
arrest adverse economic and social impact arising from the
operation of the CSME;
(d) special measures to assist industries to become efficient and
competitive;
(e) assistance intended to achieve structural diversification and
infrastructural development;
(f) assistance to economic enterprises disadvantaged by the
removal of intra-regional barriers;
(g) the establishment of mechanisms to monitor, and assist in
the discharge of, obligations assumed under the Treaty and
other international trade agreements.
ARTICLE 144
IMPLEMENTATION OF MEASURES
Subject to the authority of the Conference, COTED and COFAP, as appropriate,
shall establish, administer and monitor the measures identified in Article 143.
ARTICLE 145
REVIEW OF MEASURES
1. The Community Council shall review, as appropriate, the effectiveness
of measures taken pursuant to this Chapter and take such action as may be
necessary to achieve the objective set out in Article 143, and shall submit a
report thereon to the Conference.
2. The review shall include an examination of relevant programmes and
support measures in order to determine their efficacy as a basis for their
termination or modification as the case may be.
PART TWO
REGIME FOR DISADVANTAGED COUNTRIES, REGIONS
AND SECTORS
ARTICLE 146
MEASURES TO REDRESS DISADVANTAGE ARISING FROM
ECONOMIC DISLOCATION
1. The Member States agree that where economic dislocation arising from
the operation of the CSME occurs, and notwithstanding any provisions to the
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contrary in this Treaty, COTED may, as the case may require on a temporary
basis and subject to Article 144, adopt effective measures to arrest or mitigate
adverse effects on economic activity. Such measures may include the grant of
incentives to address the dislocation and shall be without prejudice to any
incentives provided for in Articles 52 and 69.
2. Notwithstanding any provisions to the contrary in this Treaty, the
measures mentioned in this Article may, where necessary, provide for
temporary derogations from rights and obligations set out in the Treaty.
3. COTED shall periodically examine the impact of the measures
mentioned in paragraph 2 with a view to determining their adequacy and
establishing a time-frame for their discontinuance.
4. The Member States shall co-operate with the Community Organs in
implementing the measures mentioned in paragraph 2 of this Article and shall
take the action required to secure compliance therewith.
ARTICLE 147
PROMOTION OF INVESTMENT
COFAP shall promote investment in disadvantaged countries by, inter
alia, facilitating:
(a) the establishment of joint ventures among nationals of
disadvantaged countries as well as between nationals of
disadvantaged countries and nationals of other Member
States;
(b) the establishment of joint ventures between nationals of
disadvantaged countries and nationals of Third countries;
(c) investment for economic diversification including
diversification of the agricultural sector;
(d) research, development and the transfer of technology in the
development of disadvantaged countries; and
(e) capital flows from other Member States to disadvantaged
countries through the conclusion of double taxation
agreements and appropriate policy instruments.
ARTICLE 148
MEASURES RELATING TO THE SERVICES SECTOR
1. COTED, in establishing the programme for removal of restrictions by
Member States on the provision of services in the Community mentioned in
paragraph 2 of Article 37 shall give due consideration to the peculiar economic
vulnerability of disadvantaged countries, bearing in mind Article 49.
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2. Without prejudice to the generality of the provisions set out in
paragraph 1 of this Article, COTED shall, in establishing the said programme,
determine in respect of disadvantaged countries:
(a) a list of services in respect of which national treatment may
not be applied for a specified period of time;
(b) the manner in which restrictions on services not mentioned
in subparagraph (a) of this paragraph shall be removed:
Provided that such disadvantaged countries shall accord the Member States
rights no more restrictive than those accorded to other parties of the WTO
under the General Agreement on Trade in Services (GATS).
ARTICLE 149
MEASURES RELATING TO THE RIGHT OF ESTABLISHMENT
1. COTED shall take appropriate measures to ensure that, in establishing
the programme for the removal of restrictions by the Member States on the right
of establishment in the Community mentioned in paragraph 3 of Article 33, the
peculiar economic vulnerability of disadvantaged countries in the Community is
taken into account, bearing in mind Article 49.
2. Without prejudice to the generality of the provisions of paragraph 1 of
this Article, COTED shall, in establishing the said programme, determine in
respect of disadvantaged countries:
(a) a list of economic activities in respect of which national
treatment may not be accorded to persons exercising the right
of establishment for a specified period of time;
(b) the manner in which restrictions on the right of
establishment in respect of economic activities not
mentioned in subparagraph (a) of this paragraph shall be
removed:
Provided that such disadvantaged countries shall accord to the Member
States rights of establishment no more restrictive than those accorded to Third
States.
ARTICLE 150
SAFEGUARD MEASURES
1. Where, in accordance with paragraph 1 of Article 92, a disadvantaged
country establishes an entitlement to limit imports of goods from other
Member States, then, notwithstanding any other provisions to the contrary in
this Treaty, the disadvantaged country may limit such imports for a period of
up to three (3) years unless COTED authorises the limitation for a longer
period and take such other measures as COTED may authorise.
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2. A disadvantaged country applying restrictions in accordance with
paragraph 1 of this Article shall notify them to COTED, if possible, before
they come into force. COTED may, at any time, consider those restrictions
and shall, in light of such consideration, make recommendations designed to
moderate any damaging effect of such restrictions or to assist the disadvantaged
country to overcome its difficulties.
3. Nothing in this Treaty shall be construed as entitling any Member
State to apply safeguard measures against the products of Community origin
of a disadvantaged country where such products do not exceed 20 per cent of
the market of the importing Member State.
ARTICLE 151
SUPPORT FOR SENSITIVE INDUSTRIES
1. COTED may authorise a Member State having a sensitive industry
which can be disadvantaged by the operation of the CSME to suspend
Community treatment to products of other Member States.
2. The suspension authorised in paragraph 1 of this Article shall be
granted upon application to COTED in that behalf where the applicant
establishes that the product is from a sensitive industry.
3. For the purpose of this Article, an industry may be considered to be
sensitive by reason of its vulnerable nature and:
(a) the significance of its contribution to, inter alia:
(i) Gross Domestic Product;
(ii) employment;
(iii) foreign exchange earnings; or
(b) its designation as vital within the national industrial policy.
4. Notwithstanding any other provisions of this Treaty, a disadvantaged
country may, for the period of suspension decided upon by COTED, suspend
Community treatment in respect of imports of like description from the
Member State granted the suspension.
5. COTED, in authorising the suspension mentioned in paragraph 1 of
this Article may impose terms and conditions for the grant of the suspension.
6. COTED shall monitor the progress of the industry concerned and
undertake a periodic review.
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ARTICLE 152
PUBLIC UNDERTAKINGS
Notwithstanding any provisions to the contrary in this Treaty,
disadvantaged countries may, with the prior approval of COTED, maintain, in
respect of public undertakings, measures, the effect of which is to afford
support to domestic production where such measures are in the form of:
(a) a duty or charge having equivalent effect; or
(b) quantitative restrictions.
ARTICLE 153
USE OF TECHNOLOGICAL AND RESEARCH
FACILITIES IN MEMBER STATES
1. The Member States undertake to provide opportunities for access to their
technological and research facilities by nationals of disadvantaged countries.
2. COTED shall encourage close collaboration between research
institutions and facilities located in disadvantaged countries with others located
in other Member States.
ARTICLE 154
PROMOTION OF DEVELOPMENT
1. COTED shall promote the establishment of infrastructure in a
disadvantaged country, region or sector to encourage or stimulate economic
activity.
2. COTED may also adopt measures for the establishment of new
industries or for the retooling or expansion of existing industries in a
disadvantaged country, region or sector.
ARTICLE 155
SPECIAL PROVISIONS FOR GUYANA
Notwithstanding any provisions to the contrary in this Treaty, Guyana
shall be allowed, for as long as it continues to benefit from wheat imports
under PL 480 Agreements with the United States of America, to impose
quantitative restrictions on the importation of wheat flour.
ARTICLE 156
APPLICATION OF THE SPECIAL REGIME TO HIGHLY- INDEBTED
POOR COUNTRIES
COTED shall to the extent necessary and for a period to be determined,
apply the provisions of the Special Regime for the less developed countries to
Highly-Indebted Poor Countries.
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ARTICLE 157
TECHNICAL AND FINANCIAL ASSISTANCE
1. As soon as practicable after the entry into force of this Treaty, the
Community Council shall, in collaboration with other competent Organs of
the Community, make adequate arrangements to extend to disadvantaged
countries, regions and sectors such technical and financial assistance as may
be required to allow them to participate effectively in the CSME and to
administer international trade agreements.
2. Pursuant to paragraph 1 of this Article, COTED shall evaluate the
need for technical and financial assistance to disadvantaged countries, regions
and sectors, and promote and facilitate appropriate programmes and projects.
Such assistance may include:
(a) grants or access to low-cost financing;
(b) preparation of project proposals for financing;
(c) performance guarantees and other guarantees to enterprises;
(d) accessing technology including information technology;
(e) product design or quality enhancement;
(f) factory design and market development.
3. Technical assistance within the meaning of this Article may also
include:
(a) assistance to establish or upgrade national standardising
bodies;
(b) assistance to countries to advance their diversification
programmes;
(c) professional assistance in meeting obligations under trade-
related agreements;
(d) assistance to establish institutions or centres for the training
or retraining of employees as the case may require;
(e) provision of relevant expertise to formulate a legal policy
framework conducive to fair trading and fair competition;
(f) professional expertise in espousing and defending claims
arising in connection with the WTO Agreement and other
trade-related agreements;
(g) professional assistance in preparing for disputes resolution
arising in connection with trade-related agreements;
(h) professional assistance in preparing legislation.
4. The evaluation mentioned in paragraph 2 of this Article may be
undertaken by COTED on its own initiative, or in response to an application
for assistance issuing from a Member State.
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5. COTED shall, from time to time, examine the impact of the measures
mentioned in paragraph 2 with a view to determining their adequacy and
establishing a time-frame for their discontinuance.
ARTICLE 158
THE DEVELOPMENT FUND
1. There is hereby established a Development Fund for the purpose of
providing financial or technical assistance to disadvantaged countries, regions
and sectors.
2. Subject to the provisions of this Article and relevant provisions of this
Treaty, the Community Council, in collaboration with COFAP, shall:
(a) determine the status, composition and functions of the
Development Fund;
(b) determine the contributions of the Member States to the
Development Fund.
3. The Development Fund may accept subventions from public or private
sector entities of the Member States or from other entities external to the
Community. Subventions shall not be accepted nor applied by the
Development Fund on conditions which discriminate against Member States,
regions or sectors except in accordance with the provisions of this Treaty.
ARTICLE 159
SAVING
Nothing in this Chapter shall be construed as disentitling a disadvantaged
country, region or sector, being the beneficiary of any other technical
assistance programme, from simultaneously benefiting from technical
assistance pursuant to the provisions herein set forth.
PART THREE
SPECIAL REGIME FOR LESS DEVELOPED COUNTRIES
ARTICLE 160
IMPORT DUTIES
Where a less developed country has suffered or is likely to suffer loss of
revenue as a result of the importation of goods eligible for Community
treatment, COTED may, on application made in that behalf by the less
developed country, authorise the imposition of import duties on such goods
for such time and on such terms and conditions as COTED may decide.
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ARTICLE 161
COMMUNITY ORIGIN
The Member States agree that in the determination and operation of the
criterion of substantial transformation pursuant to Article 84, the special needs
of the less developed countries shall be taken into account.
ARTICLE 162
INCENTIVE REGIMES
The Member States agree that in the establishment of any programme for
incentives in the Community provided for in Article 52 and Article 69, the
special needs of the less developed countries shall be taken into account.
ARTICLE 163
THE COMMON EXTERNAL TARIFF
The Member States agree that in the implementation of the Common
External Tariff provided for in Article 82, the special needs of the less
developed countries shall be taken into account.
ARTICLE 164
PROMOTION OF INDUSTRIAL DEVELOPMENT
1. Upon application made in that behalf by the less developed
countries, COTED may, if necessary, as a temporary measure in order to
promote the development of an industry in any of these States, authorise
such States to suspend Community origin treatment to any description of
imports eligible therefor on grounds of production in one or more less
developed countries.
2. COTED may, in taking decisions pursuant to paragraph 1 of this
Article, establish terms and conditions including a phasing-out period during
which Member States and the Community shall provide support measures and
the industry implement the necessary programmes for achieving
competitiveness.
3. The grant of authorisation pursuant to paragraph 1 of this Article shall
be by means of a decision supported by the affirmative votes of all the less
developed countries and at least two of the more developed countries.
ARTICLE 165
PUBLIC UNDERTAKINGS
Paragraph 1 of Article 94 shall not apply to the less developed countries.
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ARTICLE 166
USE OF TECHNOLOGICAL AND RESEARCH FACILITIES
The more developed countries undertake to provide opportunities for the
use of their technological and research facilities by the less developed
countries.
ARTICLE 167
SPECIAL PROVISIONS FOR BELIZE
Belize shall be allowed to impose import duties or quantitative
restrictions on beer and cigarettes produced in the Community for a period
ending 31 December 2000.
CHAPTER EIGHT: COMPETITION POLICY AND
CONSUMER PROTECTION
PART ONE
RULES OF COMPETITION
ARTICLE 168
SCOPE OF CHAPTER
The rules of competition shall not apply to—
(a) combinations or activities of employees for their own
reasonable protection as employees;
(b) arrangements for collective bargaining on behalf of
employers or employees for the purpose of fixing terms and
conditions of employment;
(c) business conduct within the meaning of Article 177 duly
notified to COTED in accordance with Article 170;
(d) negative clearance rulings within the meaning of Article 180
or exemptions within the meaning of Articles 181 and 183;
(e) activities of professional associations designed to develop or
enforce professional standards of competence reasonably
necessary for the protection of the public and approved by the
Commission.
ARTICLE 169
OBJECTIVES OF COMMUNITY COMPETITION POLICY
1. The goal of the Community Competition Policy shall be to ensure
that the benefits expected from the establishment of the CSME are not
frustrated by anti-competitive business conduct.
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2. In fulfilment of the goal set out in paragraph 1 of this Article, the
Community shall pursue the following objectives:
(a) the promotion and maintenance of competition and
enhancement of economic efficiency in production, trade and
commerce;
(b) subject to this Treaty, the prohibition of anti-competitive
business conduct which prevents, restricts or distorts
competition or which constitutes the abuse of a dominant
position in the market; and
(c) the promotion of consumer welfare and protection of
consumer interests.
ARTICLE 170
IMPLEMENTATION OF COMMUNITY COMPETITION POLICY
1. In order to achieve the objectives of the Community Competition
Policy,
(a) the Community shall:
(i) subject to Articles 164, 177, 178 and 179 of this
Treaty, establish appropriate norms and institutional
arrangements to prohibit and penalise anti-
competitive business conduct; and
(ii) establish and maintain information systems to enable
enterprises and consumers to be kept informed about
the operation of markets within the CSME;
(b) the Member States shall:
(i) take the necessary legislative measures to ensure
consistency and compliance with the rules of
competition and provide penalties for anti-competitive
business conduct;
(ii) provide for the dissemination of relevant information
to facilitate consumer choice;
(iii) establish and maintain institutional arrangements and
administrative procedures to enforce competition
laws; and
(iv) take effective measures to ensure access by nationals
of other Member States to competent enforcement
authorities including the courts on an equitable,
transparent and non-discriminatory basis.
2. Every Member State shall establish and maintain a national
competition authority for the purpose of facilitating the implementation of the
rules of competition.
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3. Every Member State shall require its national competition authority to:
(a) co-operate with the Commission in achieving compliance
with the rules of competition;
(b) investigate any allegations of anti-competitive business
conduct referred to the authority by the Commission or
another Member State;
(c) co-operate with other national competition authorities in the
detection and prevention of anti-competitive business
conduct, and the exchange of information relating to such
conduct.
4. Nothing in this Article shall be construed as requiring a Member State
to disclose confidential information, the disclosure of which would be
prejudicial to the public interest or to the legitimate commercial interests of
enterprises, public or private. Confidential or proprietary information
disclosed in the course of an investigation shall be treated on the same basis
as that on which it was provided.
5. Within 24 months of the entry into force of this Treaty, the Member
States shall notify COTED of existing legislation, agreements and
administrative practices inconsistent with the provisions of this Chapter.
Within 36 months of entry into force of this Treaty, COTED shall establish
a programme providing for the repeal of such legislation, and termination of
agreements and administrative practices.
ARTICLE 171
ESTABLISHMENT OF THE COMPETITION COMMISSION
For the purposes of implementation of the Community Competition
Policy, there is hereby established a Competition Commission (hereinafter
called “the Commission”) having the composition, functions and powers
hereinafter set forth.
ARTICLE 172
COMPOSITION OF THE COMMISSION
1. The Commission shall comprise seven members appointed by the
Regional Judicial and Legal Services Commission to serve on the
Commission. The Regional Judicial and Legal Services Commission shall
appoint a Chairman from among the members so appointed.
2. The Commission shall comprise persons, collectively having
expertise or experience in commerce, finance, economics, law, competition
policy and practice, international trade and such other areas of expertise or
experience as may be necessary.
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3. A Commissioner shall be appointed for a term of five years and such
appointment may be renewed for a further period of not more than five years
as determined by the Regional Judicial and Legal Services Commission.
4. A Commissioner may be removed from office only for inability to
perform the functions of his office or for misbehaviour and shall otherwise be
subject to the disciplinary procedures of the Regional Judicial and Legal
Services Commission.
5. A Commissioner shall be removed only on the vote of the Judicial and
Legal Services Commission that represents not less than three-quarters of all
the Members of the Commission.
6. ACommissioner may at any time resign the office of Commissioner
by writing under his hand addressed to the Chairman of the Judicial and Legal
Services Commission.
7. A Commissioner shall not enter upon the duties of the office unless he
has taken and subscribed before the Chairman of the Judicial and Legal
Services Commission, the Oath of Office set out in the Annex to this Treaty.
8. Notwithstanding the foregoing provisions of this Article, the Conference
shall on the recommendation of COTED execute the functions required to be
carried out by the Regional Judicial and Legal Services Commission where the
Parties to the Agreement Establishing the Caribbean Court of Justice are less
than seven.
ARTICLE 173
FUNCTIONS OF THE COMMISSION
1. The Commission shall:
(a) apply the rules of competition in respect of anti-competitive
cross-border business conduct;
(b) promote and protect competition in the Community and
co-ordinate the implementation of the Community
Competition Policy; and
(c) perform any other function conferred on it by any competent
body of the Community.
2. In discharging the functions set out in paragraph 1, the Commission
shall:
(a) monitor anti-competitive practices of enterprises operating
in the CSME, and investigate and arbitrate cross-border
disputes;
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(b) keep the Community Competition Policy under review and
advise and make recommendations to COTED to enhance its
effectiveness;
(c) promote the establishment of institutions and the
development and implementation of harmonised competition
laws and practices by the Member States to achieve
uniformity in the administration of applicable rules;
(d) review the progress made by the Member States in the
implementation of the legal and institutional framework for
enforcement;
(e) co-operate with competent authorities in the Member States;
(f) provide support to the Member States in promoting and
protecting consumer welfare;
(g) facilitate the exchange of relevant information and expertise;
and
(h) develop and disseminate information about competition
policy, and consumer protection policy.
3. The Commission may, by directions in writing and subject to such
conditions as it thinks fit, delegate any of its functions to one or more of its
members.
ARTICLE 174
POWERS OF THE COMMISSION
1. Subject to Articles 175 and 176, the Commission may, in respect of
cross-border transactions or transactions with cross-border effects, monitor,
investigate, detect, make determinations or take action to inhibit and penalise
enterprises whose business conduct prejudices trade or prevents, restricts or
distorts competition within the CSME.
2. The Commission may, in accordance with applicable national laws, in
the conduct of its investigations:
(a) secure the attendance of any person before it to give evidence;
(b) require the discovery or production of any document or part
thereof; and
(c) take such other action as may be necessary in furtherance of
the investigation.
3. The Commission may, on the basis of its investigations, make
determinations regarding the compatibility of business conduct with the rules
of competition and other related provisions of the Treaty.
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4. The Commission shall, to the extent required to remedy or penalise
anti-competitive business conduct referred to in Article 177:
(a) order the termination or nullification as the case may require,
of agreements, conduct, activities or decisions prohibited by
Article 170;
(b) direct the enterprise to cease and desist from anti-
competitive business conduct and to take such steps as are
necessary to overcome the effects of abuse of its dominant
position in the market, or any other business conduct
inconsistent with the principles of fair competition set out
in this Chapter;
(c) order payment of compensation to persons affected; and
(d) impose fines for breaches of the rules of competition.
5. The Commission may enter into such arrangements for the provision
of services as may be necessary for the efficient performance of its functions.
6. The Member States shall enact legislation to ensure that
determinations of the Commission are enforceable in their jurisdictions.
7. The Commission may establish its own rules of procedure.
ARTICLE 175
DETERMINATION OF ANTI-COMPETITIVE
BUSINESS CONDUCT:
PROCEDURE OF COMMISSION ON REQUEST
1. A Member State may request an investigation referred to in
paragraph 1 of Article 174 where it has reason to believe that business
conduct by an enterprise located in another Member State prejudices trade
and prevents, restricts or distorts competition in the territory of the
requesting Member State.
2. Where COTED has reason to believe that business conduct by an
enterprise in the CSME prejudices trade and prevents, restricts or distorts
competition within the CSME and has or is likely to have cross-border effects,
COTED may request an investigation referred to in paragraph 1 of
Article 174.
3. Requests under paragraphs 1 and 2 shall be in writing and shall
disclose sufficient information for the Commission to make a preliminary
assessment whether it should proceed with the investigation.
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4. Upon receipt of a request mentioned in paragraph 3, the Commission
shall consult with the interested parties and shall determine on the basis of
such consultations whether:
(a) the investigation is within the jurisdiction of the
Commission; and
(b) the investigation is justified in all the circumstances of the
case.
5. The consultations shall be concluded within 30 days of the date of
receipt of the request for the investigation, unless the parties agree to continue
the consultations for a longer period.
6. Where the Commission decides to conduct the investigation, the
Commission shall:
(a) notify the interested parties and COTED;
(b) complete the investigation within 120 days from the date of
receipt of the request for the investigation; and
(c) where the circumstances so warrant, extend the time period
for completion of the investigation and notify the interested
parties.
7. Where the Commission decides to conduct an enquiry following an
investigation, the Commission shall afford any party complained of the
opportunity to defend its interest.
8. At the conclusion of an enquiry, the Commission shall notify the
interested parties of its determination.
9. Where the Commission determines that a party has engaged in anti-
competitive business conduct, it shall also require the party to take the action
necessary to remove the effects of the anti-competitive business conduct.
10. Where a specific course of action is required under paragraph 9, the
enterprise concerned shall take the appropriate course of action within 30 days
of the date of notification. If the concerned enterprise cannot comply, it shall
notify the Commission and request an extension.
11. If the enterprise cannot comply within the time period specified and
fails to inform the Commission, the Commission may apply to the Court for
an order.
12. A party which is aggrieved by a determination of the Commission
under paragraph 4 of Article 174 in any matter may apply to the Court for a
review of that determination.
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ARTICLE 176
DETERMINATION OF ANTI-COMPETITIVE BUSINESS CONDUCT:
PROCEDURE OF COMMISSION PROPRIO MOTU
1. Where the Commission has reason to believe that business conduct by
an enterprise in the CSME prejudices trade and prevents, restricts, or distorts
competition within the CSME and has cross-border effects, the Commission
shall request the national competition authority to undertake a preliminary
examination of the business conduct of the enterprise.
2. Where a request is made under paragraph 1, the national competition
authority shall examine the matter and report its findings to the Commission
within such time as may be determined by the Commission.
3. Where the Commission is not satisfied with the outcome of its request,
the Commission may initiate its own preliminary examination into the
business conduct of the enterprise referred to in paragraph 1.
4. Where the findings of the preliminary examination under paragraphs 2
and 3 require investigation, the Commission and the Member State concerned
shall hold consultations to determine and agree on who should have
jurisdiction to investigate.
5. If there is a difference of opinion between the Commission and the
Member State regarding the nature and effects of the business conduct or the
jurisdiction of the investigating authority, the Commission shall:
(a) cease any further examination of the matter; and
(b) refer the matter to COTED for its decision.
6. Nothing in this Article shall prejudice the right of the Member State
to initiate proceedings before the Court at any time.
7. Where there is a finding that the Commission has jurisdiction to
investigate the matter, the Commission shall follow the procedures set out in
paragraphs 5, 6, 7 and 8 of Article 175.
ARTICLE 177
PROHIBITION OF ANTI-COMPETITIVE BUSINESS CONDUCT
1. A Member State shall, within its jurisdiction, prohibit as being anti-
competitive business conduct, the following:
(a) agreements between enterprises, decisions by associations of
enterprises, and concerted practices by enterprises which have
as their object or effect the prevention, restriction or
distortion of competition within the Community;
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(b) actions by which an enterprise abuses its dominant position
within the Community; or
(c) any other like conduct by enterprises whose object or effect
is to frustrate the benefits expected from the establishment of
the CSME.
2. Anti-competitive business conduct within the meaning of paragraph 1
includes the following:
(a) the direct or indirect fixing of purchase or selling prices;
(b) the limitation or control of production, markets, investment
or technical development;
(c) the artificial dividing up of markets or restriction of supply
sources;
(d) the application of unequal conditions to parties undertaking
equivalent engagements in commercial transactions thereby
causing a competitive disadvantage;
(e) making the conclusion of a contract subject to the
acceptance by the other party to the contract of additional
obligations which, by their nature or according to
commercial practice, have no connection with the subject
matter of the contract;
(f) unauthorised denial of access to networks or essential
infrastructure;
(g) predatory pricing;
(h) price discrimination;
(i) loyalty discounts or concessions;
(j) exclusionary vertical restrictions; and
(k) bid-rigging.
3. Subject to Article 168, a Member State shall ensure that all agreements
and decisions within the meaning of paragraph 1 of this Article shall be null
and void within its jurisdiction.
4. An enterprise shall not be treated as engaging in anti-competitive
business conduct if it establishes that the activity complained of:
(a) contributes to:
(i) the improvement of production or distribution of
goods and services; or
(ii) the promotion of technical or economic progress,
while allowing consumers a fair share of the resulting
benefit;
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(b) imposes on the enterprises affected only such restrictions as
are indispensable to the attainment of the objectives
mentioned in subparagraph (a); or
(c) does not afford the enterprise engaged in the activity the
possibility of eliminating competition in respect of a
substantial part of the market for goods or services
concerned.
ARTICLE 178
DETERMINATION OF DOMINANT POSITION
For the purposes of this Chapter:
(a) an enterprise holds a dominant position in a market if by
itself or together with an interconnected enterprise, it
occupies such a position of economic strength as will enable
it to operate in the market without effective constraints from
its competitors or potential competitors;
(b) any two enterprises shall be treated as interconnected
enterprises if one of them is a subsidiary of the other or both
of them are subsidiaries of the same parent enterprise.
ARTICLE 179
ABUSE OF A DOMINANT POSITION
1. Subject to paragraph 2 of this Article, an enterprise abuses its
dominant position in a market if it prevents, restricts or distorts competition
in the market and, in particular but without prejudice to the generality of the
foregoing, it:
(a) restricts the entry of any enterprise into a market;
(b) prevents or deters any enterprise from engaging in
competition in a market;
(c) eliminates or removes any enterprise from a market;
(d) directly or indirectly imposes unfair purchase or selling
prices or other restrictive practices;
(e) limits the production of goods or services for a market to the
prejudice of consumers;
(f) as a party to an agreement, makes the conclusion of such
agreement subject to acceptance by another party of
supplementary obligations which, by their nature or
according to commercial usage, have no connection with the
subject of the agreement;
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(g) engages in any business conduct that results in the
exploitation of its customers or suppliers,
so as to frustrate the benefits expected from the establishment of the CSME.
2. In determining whether an enterprise has abused its dominant position,
consideration shall be given to:
(a) the relevant market defined in terms of the product and the
geographic context;
(b) the concentration level before and after the relevant activity
of the enterprise measured in terms of annual sales volume,
the value of assets and the value of the transaction;
(c) the level of competition among the participants in terms of
number of competitors, production capacity and product
demand;
(d) the barriers to entry of competitors; and
(e) the history of competition and rivalry between participants
in the sector of activity.
3. An enterprise shall not be treated as abusing its dominant position if
it establishes that:
(a) its behaviour was directed exclusively to increasing
efficiency in the production, provision or distribution of
goods or services or to promoting technical or economic
progress and that consumers were allowed a fair share of the
resulting benefit;
(b) it reasonably enforces or seeks to enforce a right under or
existing by virtue of a copyright, patent, registered trade
mark or design; or
(c) the effect or likely effect of its behaviour on the market is
the result of superior competitive performance of the
enterprise concerned.
ARTICLE 180
NEGATIVE CLEARANCE RULINGS
1. In any case where a Member State is uncertain whether business
conducted is prohibited by paragraph 1 of Article 177, such a Member State
may apply to the Commission for a ruling on the matter. If the Commission
determines that such conduct is not prohibited by paragraph 1 of Article 177,
it shall issue a negative clearance ruling to this effect.
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2. Subject to paragraph 3, a negative clearance ruling shall be conclusive
of the matters stated therein in any judicial proceedings in the Community.
3. The Court may, on an application of the Commission, review a
decision of the Commission where the decision was induced by deceit or
improper means.
ARTICLE 181
DE MINIMIS RULE
The Commission may exempt from the provisions of this Part any
business conduct referred to it if it considers that the impact of such conduct
on competition and trade in the CSME is minimal.
ARTICLE 182
POWERS OF THE COTED RESPECTING COMMUNITY
COMPETITION POLICY AND RULES
Subject to this Treaty, COTED shall develop and establish appropriate
policies and rules of competition within the Community including special
rules for particular sectors.
ARTICLE 183
EXEMPTIONS
1. Where COTED determines, pursuant to Article 182, that special rules
shall apply to specific sectors of the Community, it may suspend or exclude the
application of Article 177 to such sectors pending adoption of the relevant rules.
2. COTED may, on its own initiative or pursuant to an application by a
Member State in that behalf, exclude or suspend the application of Article 177
to any sector or any enterprise or group of enterprises in the public interest.
PART TWO
CONSUMER PROTECTION
ARTICLE 184
PROMOTION OF CONSUMER INTERESTS IN THE COMMUNITY
1. The Member States shall promote the interests of consumers in the
Community by appropriate measures that:
(a) provide for the production and supply of goods and the
provision of services to ensure the protection of life, health
and safety of consumers;
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(b) ensure that goods supplied and services provided in the
CSME satisfy regulations, standards, codes and licensing
requirements established or approved by competent bodies in
the Community;
(c) provide, where the regulations, standards, codes and licensing
requirements referred to in paragraph (b) do not exist, for
their establishment and implementation;
(d) encourage high levels of ethical conduct for those engaged in the
production and distribution of goods and services to consumers;
(e) encourage fair and effective competition in order to provide
consumers with greater choice among goods and services at
lowest cost;
(f) promote the provision of adequate information to consumers
to enable the making of informed choices;
(g) ensure the availability of adequate information and education
programmes for consumers and suppliers;
(h) protect consumers by prohibiting discrimination against
producers and suppliers of goods produced in the Community
and against service providers who are nationals of other
Member States of the Community;
(i) encourage the development of independent consumer
organisations;
(j) provide adequate and effective redress for consumers.
2. For the purpose of this Part, “consumer” means any person:
(a) to whom goods or services are supplied or intended to be
supplied in the course of business carried on by a supplier or
potential supplier; and
(b) who does not receive the goods or services in the course of a
business carried on by him.
ARTICLE 185
PROTECTION OF CONSUMER INTERESTS IN THE COMMUNITY
The Member States shall enact harmonised legislation to provide, inter alia:
(a) for the fundamental terms of a contract and the implied
obligations of parties to a contract for the supply of goods
or services;
(b) for the prohibition of the inclusion of unconscionable terms
in contracts for the sale and supply of goods or services to
consumers;
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(c) for the prohibition of unfair trading practices, particularly
such practices relating to misleading or deceptive or
fraudulent conduct;
(d) for the prohibition of production and supply of harmful and
defective goods and for the adoption of measures to prevent
the supply or sale of such goods including measures
requiring the removal of defective goods from the market;
(e) that the provision of services is in compliance with the
applicable regulations, standards, codes and licensing
requirements;
(f) that goods supplied to consumers are labelled in accordance
with standards and specifications prescribed by the competent
authorities;
(g) that hazardous or other goods whose distribution and
consumption are regulated by law are sold or supplied in
accordance with applicable regulations;
(h) that goods or materials, the production or use of which is
likely to result in potentially harmful environmental effects,
are labelled and supplied in accordance with applicable
standards and regulations;
(i) that producers and suppliers are liable for defects in goods and
for violation of product standards and consumer safety
standards which occasion loss or damage to consumers;
(j) that violations of consumer safety standards by producers or
suppliers are appropriately sanctioned and relevant civil or
criminal defences to such violations are available to defendants.
ARTICLE 186
ACTION BY THE COMMISSION TO PROVIDE SUPPORT IN THE
PROMOTION OF CONSUMER WELFARE AND PROTECTION OF
CONSUMER INTERESTS
1. The Commission shall, for the purpose of providing support to the
Member States in the enhancement of consumer education and consumer welfare:
(a) promote in the Community the elaboration, publication and
adoption of fair contract terms between suppliers and
consumers of goods and services produced or traded in
the CSME;
(b) take such measures as it considers necessary to ensure that the
Member States discourage and eliminate unfair trading practices,
including misleading or deceptive conduct, false advertising, bait
advertising, referral selling and pyramid selling;
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(c) promote in the Member States product safety standards as
part of a programme of consumer education in order to assist
the consumer to make informed choices concerning the
purchase of consumer goods;
(d) keep under review the carrying on of commercial activities in
the Member States which relate to goods supplied to
consumers in such States or produced with a view to their
being so supplied, or which relate to services supplied for
consumers with a view to identifying practices which may
adversely affect the interests of consumers;
(e) educate and guide consumers generally in the practical
resolution of their problems and in the best use of their
income and credit, using such techniques and means of
communications as are available;
(f) confer, on request, with consumer organisations of the
Member States and offer such advice and information as may
be appropriate for the resolution of their consumer problems;
(g) establish the necessary co-ordination with government
agencies and departments for the effective education and
guidance of consumers having regard to the programmes,
activities and resources of each agency or department;
(h) conduct research and collect and collate information in
respect of matters affecting the interests of consumers;
(i) compile, evaluate and publicise enactments for the protection
of consumers in such States and recommend to COTED the
enactment of legislation considered necessary or desirable for
the protection of consumers;
(j) promote, after consultation with the competent standardising
agency and other public and private agencies or
organisations, the establishment of quality standards for
consumer products;
(k) promote and monitor, after consultation with relevant
agencies and departments of Government, the enforcement of
legislation affecting the interests of consumers, including,
but not limited to, legislation relating to weights and
measures, food and drugs adulteration, the control of
standards and price controls;
(l) make recommendations to COTED for the enactment of
legislation by the Member States for the effective
enforcement of the rights of consumers.
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2. The Commission shall:
(a) draw to the attention of COTED business conduct by
enterprises which impacts adversely on consumer welfare;
(b) collaborate with competent Organs of the Community to
promote consumer education and consumer welfare.
CHAPTER NINE: DISPUTES SETTLEMENT
ARTICLE 187
SCOPE OF THE CHAPTER
The provisions of this Chapter shall apply to the settlement of disputes
concerning the interpretation and application of the Treaty, including:
(a) allegations that an actual or proposed measure of another
Member State is, or would be, inconsistent with the
objectives of the Community;
(b) allegations of injury, serious prejudice suffered or likely to
be suffered, nullification or impairment of benefits expected
from the establishment and operation of the CSME;
(c) allegations that an organ or body of the Community has
acted ultra vires; or
(d) allegations that the purpose or object of the Treaty is being
frustrated or prejudiced.
ARTICLE 188
MODES OF DISPUTE SETTLEMENT
1. Subject to the provisions of this Treaty, the disputes mentioned in
Article 187 shall be settled only by recourse to any one of the following
modes for the settlement of disputes, namely, good offices, mediation,
consultations, conciliation, arbitration and adjudication.
2. Where a dispute has not been settled following the adoption of one of
the modes referred to in paragraph 1 other than arbitration or adjudication,
either party may have recourse to another mode.
3. Subject to the procedural rules applicable in respect of arbitration or
adjudication, the parties may agree, pending a settlement, to have recourse to
good offices, mediation or conciliation in order to arrive at a settlement.
4. Without prejudice to the exclusive and compulsory jurisdiction of the
Court in the interpretation and application of this Treaty under Article 211, the
parties may use any of the voluntary modes of dispute settlement provided for
in this Article in the settlement of a dispute.
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ARTICLE 189
EXPEDITIOUS SETTLEMENT OF DISPUTES
Where a dispute arises between Member States, the parties shall proceed
expeditiously to an exchange of views for the purpose of agreeing on:
(a) a mode of settlement and where an agreed mode has been
terminated, to another mode of settlement; or
(b) a mutually satisfactory method of implementation where a
settlement has been reached and the circumstances require
consultation regarding its implementation.
ARTICLE 190
NOTIFICATION OF EXISTENCE AND SETTLEMENT OF DISPUTES
1. Member States parties to a dispute shall notify the Secretary-General of:
(a) the existence and nature of the dispute; and
(b) any mode of dispute settlement agreed upon or initiated.
2. Where a settlement is reached the Member States concerned shall notify
the Secretary-General of the settlement and the mode used in arriving at the
settlement.
3. The Secretary-General shall, as soon as practicable after receiving the
information pursuant to paragraphs 1 and 2, notify other Member States of the
information received.
ARTICLE 191
GOOD OFFICES
1. Member States parties to a dispute may agree to employ the good
offices of a third party, including those of the Secretary-General, to settle the
dispute.
2. Good offices may begin or be terminated at any time. Subject to the
procedural rules applicable in respect of arbitration or adjudication, good
offices may continue during the course of arbitration or adjudication.
ARTICLE 192
MEDIATION
1. Where Member States parties to a dispute agree to settle the dispute by
recourse to mediation, the parties may agree on a mediator or may request the
Secretary-General to appoint a mediator from the list of conciliators mentioned
in Article 196.
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2. Mediation may begin or be terminated at any time. Subject to the
procedural rules applicable in respect of arbitration or adjudication, mediation
may continue during the course of arbitration or adjudication.
3. Proceedings involving mediation and, in particular, positions taken by
parties during the proceedings, shall be confidential and without prejudice to
the rights of the parties in any further proceedings.
ARTICLE 193
OBLIGATION TO ENTER CONSULTATIONS
1. A Member State shall enter into consultations upon the request of
another Member State where the requesting Member State alleges that an
action taken by the requested Member State constitutes a breach of obligations
arising from or under the provisions of this Treaty.
2. Where a request for consultations is made pursuant to paragraph 1, the
requested Member State shall enter into consultations within 14 days of the
receipt of the request or a mutually agreed period.
3. Where:
(a) consultations have not been entered into within the period
referred to in paragraph 2; or
(b) the consultations fail to settle the dispute within 45 days of
the receipt of the request for consultations or the dates
mutually agreed,
the requesting Member State may resort to any mode of dispute settlement
including arbitration and adjudication.
4. Requests for consultations shall be in writing. The request shall state
the reasons for the consultations and identify the measure at issue and the legal
basis for the complaint.
5. The Secretary-General shall be notified of any request for consultations.
6. Consultations shall be confidential and without prejudice to the rights
of the Member States in any further proceedings. However, before resorting to
further proceedings, the Member States shall employ their best endeavours to
settle the dispute.
7. In cases of urgency including those concerning perishable goods, the
requested Member State shall enter into consultations within 3 days of the
receipt of the request, and where such consultations are not entered into, the
requesting Member State may resort to arbitration and adjudication.
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8. Where consultations under paragraph 7 fail to settle the dispute
within 7 days of the receipt of the request for such consultations, the
requesting Member State may resort to arbitration and adjudication.
9. Whenever a Member State, other than the consulting Member States,
considers that it has a legitimate interest in consultations being held pursuant
to this Article, such Member State may notify the consulting Member States
and the Secretary-General, within 10 days after the date of the circulation of
the request for consultations, of its desire to be joined in the consultations.
Such Member State shall be joined in the consultations, provided that the
requested Member State agrees that the claim of legitimate interest is well-
founded and based on similar facts and circumstances. In that event, the
Member States concerned shall notify the Secretary-General. If the request to
be joined in the consultations is not granted, the applicant Member State may
request consultations under paragraph 1 of this Article.
ARTICLE 194
OBLIGATIONS OF CONSULTING PARTIES
Where Member States parties to a dispute agree to settle the dispute by
consultations, they shall endeavour to arrive at a mutually satisfactory
settlement of the dispute through the consultations, and to this end shall:
(a) provide sufficient information to enable a full examination
of how the action complained of constitutes a breach of
obligations arising from or under the provisions of this
Treaty referred to in Article 193; and
(b) treat any confidential or proprietary information exchanged in
the course of consultations on the same basis as it is treated
by the Member State providing the information.
ARTICLE 195
INITIATION OF CONCILIATION PROCEEDINGS
Where Member States parties to a dispute have agreed to submit the
dispute to conciliation under this Part, any such Member State may institute
proceedings by notification addressed to the other party or parties to the
dispute.
ARTICLE 196
ESTABLISHMENT OF A LIST OF CONCILIATORS
1. A List of Conciliators shall be established and maintained by the
Secretary-General. Every Member State shall be entitled to nominate two
conciliators, each of whom shall be a person enjoying the highest reputation
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for fairness, competence and integrity. The names of the persons so nominated
shall constitute the List. If at any time the number of conciliators nominated
by a Member State is less than two, the Member State concerned shall be
entitled to make such nominations as are necessary. The name of a conciliator
shall remain on the List until withdrawn by the Member State which made the
nomination and where a conciliator has been appointed to serve on any
mediation or conciliation commission, the conciliator shall continue to serve
on such commission until the completion of the relevant proceedings.
2. The term of a conciliator, including that of a conciliator appointed to
fill a vacancy, shall be five (5) years and may be renewed.
ARTICLE 197
CONSTITUTION OF CONCILIATION COMMISSION
A conciliation commission shall be constituted from time to time as
follows:
(a) subject to the provisions of this Article, a conciliation
commission shall consist of three members;
(b) unless the parties otherwise agree, the party instituting the
proceedings shall appoint one conciliator to be chosen from
the List mentioned in Article 196. The conciliator appointed
may be a national of the party making the appointment.
Such an appointment shall be included in the notification
mentioned in Article 195;
(c) the other party to the dispute shall appoint a conciliator in
the manner set forth in subparagraph (b) within ten days of
the notification referred to in Article 195. If the appointment
is not made within that period, the party instituting the
proceedings may, within one week of the expiration of that
period, either terminate the proceedings by notification
addressed to the other party or request the Secretary-General
to make the appointment in accordance with subparagraph
(e);
(d) within ten days after both conciliators have been appointed,
they shall appoint a third conciliator chosen from the List
referred to in Article 196, and who shall be the Chairman. If
the appointment is not made within that period either party
may, within the week of the expiration of that period, request
the Secretary-General to make the appointment in accordance
with subparagraph (e);
(e) within ten days of the receipt of a request under
subparagraphs (c) and (d), the Secretary-General shall make
the necessary appointments from the List referred to in
Article 196 in consultation with the parties to the dispute;
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(f) any vacancy on a conciliation commission shall be filled in
the manner prescribed for the initial appointment;
(g) two or more Member States parties to the dispute which
determine by agreement that they are of the same interest
shall appoint one conciliator jointly;
(h) in disputes involving more than two parties having separate
interests, or where there is disagreement as to whether they
are of the same interest, the parties shall apply subparagraphs
(a) to (f) in so far as may be possible.
ARTICLE 198
AMICABLE SETTLEMENT
A conciliation commission may draw to the attention of the Member
States parties to the dispute any measures which might facilitate an amicable
settlement of the dispute.
ARTICLE 199
FUNCTIONS OF CONCILIATION COMMISSION
A conciliation commission shall hear the Member States parties to the
dispute, examine their claims and objections, and make proposals to the
parties with a view to reaching an amicable settlement.
ARTICLE 200
PROCEDURE
1. A conciliation commission shall, unless the Member States parties to
the dispute otherwise agree, determine its own procedure. A conciliation
commission may, with the consent of the parties to the dispute, invite any
Member State to submit its views to the commission, orally or in writing.
The report and recommendations and decisions of the commission regarding
procedural matters shall be made by a majority vote of its members.
2. The Member States parties to the dispute may, by agreement applicable
solely to that dispute, modify the procedure referred to in paragraph 1.
ARTICLE 201
REPORT
1. A conciliation commission shall report within three months of its
constitution. Its report shall record any agreements reached and, failing
agreement, its conclusions on all questions of fact or law relevant to the
matter in dispute and such recommendations as a conciliation commission
may deem appropriate for an amicable settlement.
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2. The conclusions or recommendations of a conciliation commission
shall not be binding upon the parties.
ARTICLE 202
TERMINATION
The conciliation proceedings shall be deemed to be terminated when a
settlement has been reached, when the parties have accepted or one party has
rejected the recommendations of the report by notification addressed to the
Secretary-General, or when a period of one month has expired from the date of
transmission of the report to the parties.
ARTICLE 203
FEES AND EXPENSES
The fees and expenses of a conciliation commission shall be borne by the
Member States parties to the dispute.
ARTICLE 204
ARBITRATION
A Member State party to a dispute may, with the consent of the other
party, refer the matter to an arbitral tribunal constituted in accordance with the
provisions of this Chapter.
ARTICLE 205
CONSTITUTION OF THE LIST OF ARBITRATORS
1. For the purposes of constituting the arbitral tribunal referred to in
Article 206, the Secretary-General shall establish and maintain a List of
Arbitrators comprising persons chosen strictly on the basis of impartiality,
reliability and sound judgment and who shall:
(a) have expertise or experience in law, international trade, other
matters covered by this Treaty, or the settlement of disputes
arising under international trade agreements;
(b) be independent of, and not be affiliated with or take
instructions from any Member State; and
(c) comply with the Code of Judicial Conduct governing the
behaviour of judges of the Court.
2. The term of an arbitrator, including that of any arbitrator nominated to
fill a vacancy, shall be five and may be renewed.
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ARTICLE 206
CONSTITUTION OF ARBITRAL TRIBUNAL
1. Each of the Member States parties to a dispute shall be entitled to
appoint one arbitrator from the List of Arbitrators. The two arbitrators chosen
by the parties shall be appointed within fifteen days following the decision to
refer the matter to arbitration. The two arbitrators shall, within fifteen days
following the date of their appointments, appoint a third arbitrator from the
List who shall be the Chairman. As far as practicable, the arbitrators shall not
be nationals of any of the parties to the dispute.
2. Where either party to the dispute fails to appoint its arbitrator under
paragraph 1, the Secretary-General shall appoint the arbitrator within ten days.
Where the arbitrators fail to appoint a Chairman within the time prescribed,
the Secretary-General shall appoint a Chairman within ten days.
3. Where more than two Member States are parties to a dispute, the
parties concerned shall agree among themselves on the two arbitrators to be
appointed from the List of Arbitrators within fifteen days following the
decision to refer the matter to arbitration and the two arbitrators shall within
fifteen days of their appointment appoint a third arbitrator from the List who
shall be the Chairman.
4. Where no agreement is reached under paragraph three, the Secretary-
General shall make the appointment within ten days and where the arbitrators
fail to appoint a Chairman within the time prescribed the Secretary-General
shall make the appointment within ten days.
5. Notwithstanding paragraphs 1, 2, 3 and 4, Member States parties to a
dispute may refer the matter to arbitration and consent to the Secretary-General
appointing a sole arbitrator from the List who shall not be a national of a
Party to the dispute.
ARTICLE 207
RULES OF PROCEDURE OF ARBITRAL TRIBUNAL
1. Subject to the relevant provisions of this Chapter, the arbitral tribunal
shall establish its own rules of procedure.
2. The procedures shall assure a right to at least one hearing before the
arbitral tribunal as well as the opportunity to provide initial and rebuttal
written submissions.
3. The arbitral tribunal’s hearings, deliberations and initial report, and all
written submissions to and communications with the arbitral tribunal, shall
be confidential.
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4. The arbitral tribunal may invite any Member State to submit views
orally or in writing.
5. The award of the arbitral tribunal shall be confined to the subject matter
of the dispute and shall state the reasons on which it is based.
6. Where the parties cannot agree on the interpretation or implementation
of the award, either party may apply to the arbitral tribunal for a ruling within
thirty days of the award. The term of the arbitral tribunal shall come to an end
unless an application for a ruling has been received, in which case it shall
continue for such reasonable time, not exceeding thirty days, as may be
required to make the ruling.
7. Decisions of the arbitral tribunal shall be taken by a majority vote of
its members and shall be final and binding on the Member States parties to
the dispute.
ARTICLE 208
THIRD PARTY INTERVENTION
A Member State which is not a party to a dispute, on delivery of a
notification to the parties to a dispute and to the Secretary-General, shall be
entitled to attend all hearings and to receive written submissions of the parties
to a dispute and may be permitted to make oral or written submissions to the
arbitral tribunal.
ARTICLE 209
ADDITIONAL INFORMATION FROM EXPERTS
Where proceedings have commenced, the arbitral tribunal may, on its own
initiative or on the request of a party to the dispute, seek information and
technical advice from any expert or body that it considers appropriate, provided
that the parties to the dispute so agree and subject to such terms and conditions
as the parties may agree.
ARTICLE 210
EXPENSES OF ARBITRAL TRIBUNAL
1. The expenses of the arbitral tribunal, including the fees and subsistence
allowances of arbitrators and experts engaged for the purposes of a dispute,
shall be borne equally by the Member States parties to the dispute unless the
arbitral tribunal, taking into account the circumstances of the case,
otherwise determines.
2. Where a third party intervenes in the proceedings, the party shall bear
the costs associated with the intervention.
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ARTICLE 211
JURISDICTION OF THE COURT IN CONTENTIOUS PROCEEDINGS
1. Subject to this Treaty, the Court shall have compulsory and exclusive
jurisdiction to hear and determine disputes concerning the interpretation and
application of the Treaty, including:
(a) disputes between the Member States parties to the
Agreement;
(b) disputes between the Member States parties to the
Agreement and the Community;
(c) referrals from national courts of the Member States parties to
the Agreement;
(d) applications by persons in accordance with Article 222,
concerning the interpretation and application of this Treaty.
2. For the purpose of this Chapter, “national courts” includes the Eastern
Caribbean Supreme Court.
ARTICLE 212
ADVISORY OPINIONS OF THE COURT
1. The Court shall have exclusive jurisdiction to deliver advisory
opinions concerning the interpretation and application of the Treaty.
2. Advisory opinions shall be delivered only at the request of the Member
States parties to a dispute or the Community.
ARTICLE 213
INSTITUTION OF PROCEEDINGS
Any party to a dispute may institute proceedings in accordance with the
Rules of Court governing Original Jurisdiction.
ARTICLE 214
REFERRAL TO THE COURT
Where a national court or tribunal of a Member State is seised of an issue
whose resolution involves a question concerning the interpretation or
application of this Treaty, the court or tribunal concerned shall, if it considers
that a decision on the question is necessary to enable it to deliver judgment,
refer the question to the Court for determination before delivering judgment.
ARTICLE 215
COMPLIANCE WITH JUDGMENTS OF THE COURT
The Member States, Organs, Bodies of the Community, entities or
persons to whom a judgment of the Court applies, shall comply with that
judgment promptly.
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ARTICLE 216
COMPULSORY JURISDICTION OF THE COURT
1. The Member States agree that they recognise as compulsory, ipso facto
and without special agreement, the original jurisdiction of the Court referred
to in Article 211.
2. In the event of a dispute as to whether the Court has jurisdiction, the
matter shall be determined by decision of the Court.
ARTICLE 217
LAW TO BE APPLIED BY THE COURT IN THE EXERCISE OF
ITS ORIGINAL JURISDICTION
1. The Court, in exercising its original jurisdiction under Article 211,
shall apply such rules of international law as may be applicable.
2. The Court may not bring in a finding of non liquet on the ground of
silence or obscurity of the law.
3. The provisions of paragraphs 1 and 2 shall not prejudice the power of
the Court to decide a dispute ex aequo et bono if the parties so agree.
ARTICLE 218
APPLICATION FOR INTERIM MEASURES
The Court shall have the power to prescribe, if it considers the
circumstances so require, any interim measures that ought to be taken to
preserve the rights of either party.
ARTICLE 219
REVISION OF JUDGMENTS OF THE COURT IN THE EXERCISE
OF ITS ORIGINAL JURISDICTION
1. The Court shall, in the exercise of its Original Jurisdiction, be
competent to revise its judgment on an application made in that behalf.
2. An application for the revision of a judgment of the Court in the
exercise of its original jurisdiction may be made only when it is based upon
the discovery of some fact of such a nature as to be a decisive factor, which
fact was, when the judgment was given, unknown to the Court and to the
party claiming revision: provided always the ignorance of that fact was not due
to negligence on the part of the applicant.
3. Proceedings for a revision shall be opened by a judgment of the Court
expressly recording the existence of the new fact, recognising that it has such
a character as to lay the case open to revision, and declaring the application
admissible on this ground.
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4. The Court may require previous compliance with the terms of the
judgment before it admits proceedings for a revision.
5. The application for a revision shall be made within six months of the
discovery of the new fact.
6. No application for a revision may be made after the lapse of five years
from the date of the judgment.
ARTICLE 220
RULES OF COURT GOVERNING ORIGINAL JURISDICTION
The Rules of Court established by the President of the Court in
accordance with Article XXI of the Agreement shall apply in the exercise of
the original jurisdiction of the Court.
ARTICLE 221
JUDGMENT OF THE COURT TO CONSTITUTE STARE DECISIS
Judgments of the Court shall constitute legally binding precedents for
parties in proceedings before the Court unless such judgments have been
revised in accordance with Article 219.
ARTICLE 222
LOCUS STANDI OF PRIVATE ENTITIES
Persons, natural or juridical, of a Contracting Party may, with the special
leave of the Court, be allowed to appear as parties in proceedings before the
Court where:
(a) the Court has determined in any particular case that this
Treaty intended that a right or benefit conferred by or under
this Treaty on a Contracting Party shall enure to the benefit
of such persons directly; and
(b) the persons concerned have established that such persons
have been prejudiced in respect of the enjoyment of the right
or benefit mentioned in paragraph (a) of this Article; and
(c) the Contracting Party entitled to espouse the claim in
proceedings before the Court has:
(i) omitted or declined to espouse the claim, or
(ii) expressly agreed that the persons concerned may
espouse the claim instead of the Contracting Party so
entitled; and
(d) the Court has found that the interest of justice requires that
the persons be allowed to espouse the claim.
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ARTICLE 223
ALTERNATIVE DISPUTES SETTLEMENT
1. The Member States shall, to the maximum extent possible, encourage
and facilitate the use of arbitration and other modes of alternative disputes
settlement for the settlement of private commercial disputes among
Community nationals as well as among Community nationals and nationals
of Third States.
2. Each Member State shall provide appropriate procedures in its
legislation to ensure observance of agreements to arbitrate and for the
recognition and enforcement of arbitral awards in such disputes.
3. A Member State which has implemented the 1958 United Nations
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
or the Arbitration Rules of the United Nations Commission on International
Trade Law shall be deemed to be in compliance with the provisions of
paragraph 2 of this Article.
ARTICLE 224
GENERAL UNDERTAKING
Each Member State undertakes to employ its best endeavours to complete
the constitutional and legislative procedures required for its participation in the
regime establishing the Court as soon as possible.
CHAPTER TEN: GENERAL AND FINAL PROVISIONS
ARTICLE 225
SECURITY EXCEPTIONS
Nothing in this Treaty shall be construed:
(a) as requiring any Member State to furnish information, the
disclosure of which it considers contrary to its essential
security interests;
(b) as preventing any Member State from taking any action
which it considers necessary for the protection of its essential
security interests:
(i) relating to the supply of services carried out directly
or indirectly for the purpose of provisioning a
military establishment;
(ii) in time of war or other emergency in international
relations; or
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(c) as preventing any Member State from taking any action in
pursuance of its obligations for the maintenance of
international peace and security.
ARTICLE 226
GENERAL EXCEPTIONS
1. Nothing in this Chapter shall be construed as preventing the adoption
or enforcement by any Member State of measures:
(a) to protect public morals or to maintain public order and
safety;
(b) to protect human, animal or plant life or health;
(c) necessary to secure compliance with laws or regulations
relating to customs enforcement, or to the classification,
grading or marketing of goods, or to the operation of
monopolies by means of State enterprises or enterprises
given exclusive or special privileges;
(d) necessary to protect intellectual property or to prevent
deceptive practices;
(e) relating to gold or silver;
(f) relating to the products of prison labour;
(g) relating to child labour;
(h) imposed for the protection of national treasures of artistic,
historic or archaeological value;
(i) necessary to prevent or relieve critical food shortages in any
exporting Member State;
(j) relating to the conservation of natural resources or the
preservation of the environment;
(k) to secure compliance with laws or regulations which are not
inconsistent with the provisions of this Treaty including
those relating to:
(i) the prevention of deceptive and fraudulent practices,
and the effects of a default on contracts;
(ii) the protection of the privacy of individuals in relation
to the processing and dissemination of personal data
and the protection of confidentiality of individual
records and accounts; and
(l) to give effect to international obligations including treaties
on the avoidance of double taxation,
but only if such measures do not constitute arbitrary or unjustifiable
discrimination between Member States where like conditions prevail, or a
disguised restriction on trade within the Community.
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2. Measures taken by the Member States pursuant to paragraph 1 shall
be notified to COTED.
3. The Community Council shall take appropriate measures to co-ordinate
applicable legislation, regulations and administrative practices established in
accordance with Article 44.
ARTICLE 227
NOTIFICATION
Where in this Treaty provision is made for notification to an Organ of the
Community, such notification shall be effected through the Secretariat.
ARTICLE 228
LEGAL CAPACITY OF THE COMMUNITY
1. The Community shall have full juridical personality.
2. Every Member State shall in its territory accord to the Community the
most extensive legal capacity accorded to legal persons under its laws
including the capacity to acquire and dispose of movable and immovable
property and to sue and be sued in its own name. In any legal proceedings, the
Community shall be represented by the Secretariat.
3. The Community may also conclude agreements with States and
International Organisations.
4. The Member States agree to take such action as is necessary to give
effect in their territories to the provisions of this Article and shall promptly
inform the Secretariat of such action.
ARTICLE 229
PRIVILEGES AND IMMUNITIES OF THE COMMUNITY
1. The Headquarters Agreement concluded between the Caribbean
Community and Common Market and the Government of Guyana on
23rd January 1976 shall continue to govern relations between the Community
and the host country.
2. The Protocol on Privileges and Immunities concluded by the
Member States in connection with the Caribbean Community and
Common Market shall govern relations between the Community and such
Member States.
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ARTICLE 230
NEGOTIATION AND CONCLUSION OF AGREEMENTS
1. Conference may designate any Organ or Body of the Community to
negotiate agreements for the achievement of the objectives of the Community.
2. Conference may delegate to the Secretary-General the conclusion of
agreements, particularly technical assistance agreements, on behalf of the
Community.
ARTICLE 231
ASSOCIATE MEMBERSHIP
Conference may admit any Caribbean State or Territory to associate
membership of the Community on such terms and conditions as Conference
thinks fit.
ARTICLE 232
SIGNATURE
This Treaty shall be open for signature on the 5th day of July 2001 by
the States mentioned in paragraph 1 of Article 3.
ARTICLE 233
RATIFICATION
This Treaty and any amendments thereto shall be subject to ratification by
signatory States in accordance with their respective constitutional procedures.
Instruments of ratification shall be deposited with the Secretariat which shall
transmit certified copies to the signatory States.
ARTICLE 234
ENTRY INTO FORCE
This Treaty shall enter into force on the deposit of the last instrument of
ratification by the States mentioned in paragraph 1 of Article 3;
ARTICLE 235
REGISTRATION
This Treaty and any amendments thereto shall be registered with the
Secretariat of the United Nations in accordance with Article 102 of the Charter
of the United Nations.
ARTICLE 236
AMENDMENTS
1. This Treaty may be amended by the unanimous decision of the Parties.
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2. An amendment shall enter into force one month after the date on which
the last instrument of ratification is deposited with the Secretariat.
ARTICLE 237
RESERVATIONS
Reservations may be entered to this Treaty with the consent of the
signatory States.
ARTICLE 238
ACCESSION
1. After the entry into force of this Treaty a State or Territory of the
Caribbean may, if Conference so determines, accede to this Treaty.
2. Accession shall be on such terms and conditions as Conference decides
and shall take effect one month following the deposit of the instrument of
accession with the Secretariat.
ARTICLE 239
UNDERTAKING
The Member States undertake to elaborate a Protocol relating, inter alia,
to:
(a) electronic commerce;
(b) government procurement;
(c) treatment of goods produced in free zones and similar
jurisdictions;
(d) free circulation of goods in the CSME; and
(e) rights contingent on establishment, provision of services and
movement of capital in the Community.
ARTICLE 240
SAVING
1. Decisions of competent Organs taken under this Treaty shall be subject
to the relevant constitutional procedures of the Member States before creating
legally binding rights and obligations for nationals of such States.
2. The Member States undertake to act expeditiously to give effect to
decisions of competent Organs and Bodies in their municipal law.
3. COTED shall monitor and keep under review the implementation of
the provisions of this Article and shall convene a review conference of
Member States within five years from the entry into force of this Treaty.
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In Witness Whereof, the undersigned Heads of Government have appended
their signatures to this Treaty.
Done at this day of 2001 in a single copy which shall be deposited with
the Secretary-General of the Community by whom certified copies will be
communicated to all the signatories.
Signed by
for the Government of Antigua and Barbuda on the day of ,
2001
at
Signed by
for the Government of Barbados on the day of , 2001
at
Signed by
for the Government of Belize on the day of , 2001
at
Signed by
for the Government of the Commonwealth of Dominica on the day of
, 2001
at
Signed by
for the Government of Grenada on the day of , 2001
at
Signed by
for the Government of the Co-operative Republic of Guyana on the day of
, 2001
at
Signed by
for the Government of Jamaica on the day of , 2001
at
Signed by
for the Government of Montserrat on the day of , 2001
at
Signed by
for the Government of St. Kitts and Nevis on the day of ,
2001
at
Signed by
for the Government of Saint Lucia on the day of , 2001
at
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Signed by
for the Government of St. Vincent and the Grenadines on the day of
, 2001
at
Signed by
for the Government of The Republic of Suriname on the day of
, 2001
at
Signed by
for the Government of The Republic of Trinidad and Tobago on the day of
, 2001
at
Signed by
for the Government of the Republic of Haiti on the day of ,
2002
at
ANNEX I
(Paragraph 5 of Article 100)
DEFINITION OF DOMESTIC INDUSTRY
1. For the purposes of this Protocol, the term “domestic
industry” shall, except as provided in paragraph 4, be interpreted
as referring to the domestic producers as a whole of the like
products or to those of them whose collective output of the
products constitutes a major proportion of the total domestic
production of those products, except that when producers are
related to the exporters or importers or are themselves importers
of the allegedly subsidised or dumped product or a like product
from other countries, the term “domestic industry” may be
interpreted as referring to the rest of the producers.
2. In exceptional circumstances, the territory of a Member
State may, for the production in question, be divided into two or
more competitive markets and the producers within each market
may be regarded as a separate industry if (a) the producers within
such market sell all or almost all of their production of the product
in question in that market, and (b) the demand in that market is
not to any substantial degree supplied by producers of the product
in question located elsewhere in the territory. In such
circumstances, injury may be found to exist even where a major
portion of the total domestic industry is not injured, provided there
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is a concentration of subsidised for dumped imports into such an
isolated market and provided further that the subsidised imports are
causing injury to the producers of all or almost all of the
production within such market.
3. When the domestic industry has been interpreted as
referring to the producers in a certain area, i.e., a market as defined
in paragraph 2, countervailing duties shall be levied only on the
products in question consigned for final consumption to that area.
When the constitutional law of the importing Member State does
not permit the levying of countervailing or anti-dumping duties
on such a basis, the importing Member State may levy the
relevant duties without limitation only of (a) the exporters shall
have been given an opportunity to cease exporting at subsidised
or dumped prices to the area concerned or otherwise give
assurances pursuant to Article 116 or 133 and adequate assurances
in this regard have not been promptly given, and (b) such duties
cannot be levied only on products of specific producers which
supply the area in question.
4. Whenever an investigation is being undertaken by the
Community on behalf of the domestic industry which has alleged
injury from extra-regional imports, the domestic industry in the
CSME shall be taken to be the industry referred to in paragraphs
1 and 2 consistent with the provisions of paragraph 8(a) of Article
XXIV of GATT 1994.
ANNEX II
(Paragraph 3 of Article 98)
CONSULTATIONS
1. As soon as possible after an application for an
investigation is accepted and in any event before the initiation of
any investigation, a Member State whose products may be subject
to such investigation, shall be invited for consultations with the
aim of clarifying the situation and arriving at a mutually
agreed solution.
2. Furthermore, throughout the period of investigation, a
Member State whose products are the subject of the investigation
shall be afforded a reasonable opportunity to continue
consultations, with a view to clarifying the factual situation and
to arriving at a mutually agreed solution.
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3. Without prejudice to the obligation to afford reasonable
opportunity for consultations, these provisions regarding
consultations are not intended to prevent the authorities of a
Member State from proceeding expeditiously with regard to
initiating the investigation, reaching preliminary or final
determinations, whether affirmative or negative, or from applying
provisional or final measures, in accordance with the provisions
of this Agreement.
4. The Member State which intends to initiate any
investigation or is conducting such an investigation shall permit,
upon request, the Member State whose products are subject to
such investigation access to non-confidential evidence, including
any non-confidential summary of confidential data being used for
initiating or conducting the investigation.
ANNEX III(a)
ILLUSTRATIVE LIST OF INFORMATION REQUIRED
BY ARTICLES 100, 106 AND 112
(i) The identity of the applicant and a description of the
volume and value of the domestic production of the
like product by the applicant. Where a written
application is made on behalf of the domestic
industry, the application shall identify the industry on
behalf of which the application is made by a list of all
known domestic producers of the like product (or
associations of domestic producers of the like product)
and, to the extent possible, a description of the
volume and value of domestic production of the like
product accounted for by such producers;
(ii) a complete description of the allegedly subsidised
product, the names of the country or countries of
origin or export in question, the identity of each
known exporter or foreign producer and a list of
known persons importing the product in question;
(iii) evidence with regard to the existence, amount and
nature of the subsidy in question;
(iv) evidence that alleged injury to a domestic industry is
caused by subsidised imports through the effects of
the subsidies; this evidence includes information on
the evolution of the volume of the allegedly
subsidised imports, the effect of these imports on
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prices of the like product in the domestic market and
the consequent impact of the imports on domestic
industry, as demonstrated by relevant factors and
indices having a bearing on the state of the domestic
industry.
ANNEX III(b)
ILLUSTRATIVE LIST OF INFORMATION
REQUIRED BY ARTICLE 129
(i) The identity of the applicant and a description of the
volume and value of the domestic production of the
like product by the applicant. Where a written
application is made on behalf of the domestic
industry, the application shall identify the industry on
behalf of which the application is made by a list of all
known domestic producers of the like product (or
associations of domestic producers of the like product)
and, to the extent possible, a description of the
volume and value of domestic production of the like
product accounted for by such producers;
(ii) A complete description of the allegedly dumped
product, the names of the country or countries of
origin or export in question, the identity of each
known exporter or foreign producer and a list of
known persons importing the product in question;
(iii) Information on prices at which the product in question
is sold when destined for consumption in the domestic
markets of the country or countries of origin or export
(or, where appropriate, information on the prices at
which the product is sold from the country or
countries of origin or export to a third country or
countries, or on the constructed value of the product)
and information on export prices or, where
appropriate, on the prices at which the product is first
resold to an independent buyer in the territory of the
importing Member State;
(iv) Information on the evolution of the volume of the
allegedly dumped imports, the effect of these imports on
prices of the like product in the domestic market and the
consequent impact of the imports on the domestic
industry, as demonstrated by relevant factors and indices
having a bearing on the state of the domestic industry,
such as those referred to in Article 128.
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ANNEX IV
(Paragraph 2 of Article 117)
PRODUCT COVERAGE
This Protocol shall cover the following products:
(i) HS Chapters 1-24 less fish and fish products, forestry and
forest products plus*;
(ii) HS Code 2905.43 (mannitol)
HS Code 2905.44 (sorbitol)
HS Heading 33.01 (essential oils)
HS Headings 35.01 to 35.05 (albuminoidal
substances,
modified
starches,
glues)
HS Code 3809.10 (fishing agents)
HS Code 3823.60 (sorbitol n.e.p.)
HS Headings 41.01 to 41.03 (hides and skins)
HS Headings 43.01 (raw furskins)
HS Headings 50.01 to 50.03 (raw silk and silk
waste)
HS Headings 51.01 to 51.03 (wool and animal
hair)
HS Headings 52.01 to 52.03 (raw cotton, waste
and cotton carded
or combed)
HS Heading 53.01 (raw flax)
HS Heading 53.02 (raw hemp)
The product descriptions in round brackets are not
necessarily exhaustive.
* The product coverage is the same as that of the WTO
Agreement on Agriculture.
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ANNEX V
OATH OF OFFICE OF JUDGES OF THE COURT
I ………………………………………………………… do
hereby swear (or solemnly affirm) that I will faithfully exercise
the office of Commissioner of the Competition Commission
without fear or favour, affection or ill-will.
[so help me God (to be omitted in affirmation)].
UNOFFICIAL VERSION
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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 157
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SCHEDULE 1
LIST OF CONDITIONS TO BE COMPLIED WITH AS
PROVIDED UNDER ARTICLE 84 OF THE TREATY
AND THE RULES REGARDING COMMUNITY
ORIGIN
This Schedule consists of—
(a) A List comprising goods referred to in subparagraph (b)(ii)
of paragraph 1 of Article 84 of the Treaty (hereinafter referred
to as “the List”);
(b) the Rules regarding Community Origin.
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158 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
EXPLANATORY NOTE
The application of the List is governed by the following general
notes:
(i) In this List, where a tariff heading number is preceded by the
word “ex”, only those products of that heading specified in
the column headed “Product” are referred to. Descriptions of
finished products and of materials are to be interpreted
according to the relative Section and Chapter Notes of the
Harmonised Commodity Description and Coding System
(HS) and the General Rules for the Interpretation of the
Harmonised System.
(ii) Four figure references of the type “04.02”, “17.04”, etc., are
references to the headings of the Harmonised Commodity
Description and Coding System (HS).
(iii) Where the condition to be complied with for any product
does not prescribe the use of regional materials, it shall
always be understood that materials imported from outside
the Community or of undetermined origin may be used. If
such materials are used in a more advanced state of
processing than that specified in the List, the finished
product shall be ineligible for Community treatment.
UNOFFICIAL VERSION
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Caribbean Community Chap. 81:11 159
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
02.01 Meat of bovine
animals, fresh or
chilled
Produced from
bovine animals of
01.02 imported from
outside the Common
Market, provided
that the weight of
each animal did not
exceed 270 kg on
first importation
into the Common
Market
Produced from
bovine animals of
01.02 imported from
outside the Common
Market, provided
that the weight of
each animal did not
exceed 270 kg on
first importation
into the Common
Market
02.02 Meat of bovine
animals, frozen
Produced from
bovine animals of
01.02 imported from
outside the Common
Market, provided
that the weight of
each animal did not
exceed 270 kg on
first importation
into the Common
Market
Produced from
bovine animals of
01.02 imported from
outside the Common
Market, provided
that the weight of
each animal did not
exceed 270 kg on
first importation
into the Common
Market
02.03 Meat of swine,
fresh, chilled or
frozen
Wholly produced Wholly produced
02.04 Meat of sheep or
goats, fresh,
chilled or frozen
Wholly produced Wholly produced
02.05 Meat of horses,
asses, mules or
hinnies, fresh,
chilled or frozen
Wholly produced Wholly produced
02.06 Edible offal of
bovine animals,
swine, sheep,
goats, horses,
asses, mules or
hinnies, fresh,
chilled or frozen
Wholly produced Wholly produced
(A) THE LIST
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160 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
02.07 Meat and edible
offal, of the
poultry of Heading
No. 01.05, fresh,
chilled or frozen
Wholly produced Wholly produced
02.08 Other meat and
edible meat offal,
fresh, chilled or
frozen
Wholly produced Wholly produced
0.209 Pig fat, free of
lean meat, and
poultry fat, not
rendered or
otherwise
extracted, fresh,
chilled, frozen,
salted, in brine,
dried or smoked
Wholly produced Wholly produced
0.210 Meat and edible
meat offal, salted,
in brine, dried or
smoked; edible
flours and meals
of meat or meat
offal;
Wholly produced Wholly produced
Chap 3 Fish and
crustaceans,
molluscs and other
aquatic
invertebrates
Wholly produced Wholly produced
Ex 04.01 UHT milk;
pasteurised milk
Produced from
regional materials of
04.01 or from
materials of 04.02
provided that the
value of extra-
regional materials
used does not exceed
65 per cent of the
export price of the
finished product
Produced from
regional materials of
04.01 or from
materials of 04.02
provided that the
value of extra-
regional materials
used does not exceed
70 per cent of the
export price of the
finished product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Caribbean Community Chap. 81:11 161
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
04.02 Milk and cream,
concentrated or
containing added
sugar or other
sweetening matter
Produced from
regional materials of
04.01 or from
materials of 04.02
provided that the
value of extra-
regional materials
used does not exceed
65 per cent of the
export price of the
finished product
Produced from
regional materials of
04.01 or from
materials of 04.02
provided that the
value of extra-
regional materials
used does not exceed
70 per cent of the
export price of the
finished product
Ex 04.06 Cheese Production in which
the value of extra-
regional materials
used does not exceed
65 per cent of the
export price of the
finished product
Production in which
the value of extra-
regional materials
used does not exceed
70 per cent of the
export price of the
finished product
05.02 Pigs’, hogs’ or
boars’ bristles and
hair; badger hair
and other brush
making hair;
waste of such
bristles or hair
Wholly produced Wholly produced
05.03 Horsehair and
horsehair waste,
whether or not put
up as a layer with
or without
supporting
material
Wholly produced Wholly produced
05.04 Guts, bladders and
stomachs of
animals (other
than fish), whole
and pieces thereof,
fresh, chilled,
frozen, salted, in
brine, dried or
smoked
Wholly produced Wholly produced
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
05.05 Skins and other parts of
birds, with their feathers or
down, feathers and parts of
feathers (whether or not
with trimmed edges) and
down, not further worked
than cleaned, disinfected or
treated for preservation;
powder and waste of
feathers or parts of feathers
Wholly produced Wholly produced
05.06 Bones and horn-cores,
unworked, defatted,
simply prepared (but not
cut to shape), treated with
acid or degelatinised;
powder and waste of these
products
Wholly produced Wholly produced
05.07 Ivory, tortoise-shell,
whalebone and whalebone
hair, horns, antlers,
hooves, nails, claws and
beaks, unworked or
simply prepared but not
cut to shape; powder and
waste of these products
Wholly produced Wholly produced
05.10 Ambergris, castoreum, civet
and musk; cantharides; bile,
whether or not dried; glands
and other animal products
used in the preparation of
pharmaceutical products,
fresh, chilled, frozen or
otherwise provisionally
preserved
Wholly produced Wholly produced
05.11 Animal products not
elsewhere specified or
included; dead animals of
Chapter 1 or 3, unfit for
human consumption
Wholly produced Wholly produced
Ex 06.03 Bouquets, floral baskets,
wreaths and similar
articles
Produced from
regional materials
of Chapter 6
Produced from
regional materials
of Chapter 6
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UPDATED TO DECEMBER 31ST 2014
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Caribbean Community Chap. 81:11 163
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 06.04 Bouquets, floral baskets,
wreaths and similar
articles
Produced from
regional materials
of Chapter 6
Produced from
regional materials
of Chapter 6
07.10 Vegetables (uncooked or
cooked by steaming or
boiling in water), frozen
Wholly produced Wholly produced
07.11 Vegetables provisionally
preserved (for example,
by sulphur dioxide gas,
in brine, in sulphur water
or in other preservative
solutions), but unsuitable
in that state for
immediate consumption
Wholly produced Wholly produced
07.12 Dried vegetables, whole,
cut, sliced, broken or in
powder, but not further
prepared
Wholly produced Wholly produced
07.13 Dried leguminous
vegetables, shelled,
whether or not skinned or
split
Wholly produced Wholly produced
Ex 08.11 Fruit and nuts, uncooked
or cooked by steaming or
boiling in water, frozen,
not containing added
sugar or other sweetening
matter
Wholly produced Wholly produced
Ex 08.11 Fruit and nuts, uncooked
or cooked by steaming or
boiling in water, frozen,
containing added sugar or
other sweetening matter
Produced from
regional materials
of Chapter 8 and
17.01
Produced from
regional materials
of Chapter 8 and
17.01
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164 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
08.12 Fruit and nuts,
provisionally preserved
(for example, by sulphur
dioxide gas, in brine, in
sulphur water or in other
preservative solutions),
but unsuitable in that
state for immediate
consumption
Wholly produced Wholly produced
08.13 Fruit, dried, other than
that of Headings Nos.
08.01 to 08.06; mixtures
of nuts or dried fruits of
this Chapter
Wholly produced Wholly produced
08.14 Peel of citrus fruit or
melons (including
watermelons), fresh, frozen,
dried or provisionally
preserved in brine, in
sulphur water or in other
preservative solutions
Wholly produced Wholly produced
Ex 09.02 Herbal tea Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of all
materials used
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of all
materials used
Ex 9.10 Cummin powder and
ground rosemary
Wholly produced Wholly produced
Ex 09.10 Mixed spices (including
curry)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of the
export price of
the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 11.02 Cereal flours other than
of wheat
Wholly produced Wholly produced
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Caribbean Community Chap. 81:11 165
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 11.03 Cereal groats, meal and
pellets (other than
cornmeal)
Wholly produced Wholly produced
11.04 Cereal grains otherwise
worked (for example,
hulled, rolled, flaked,
pearled, sliced or
kibbled), except rice of
Heading No. 10.06; germ
or cereals, whole, rolled,
flaked or ground
Wholly produced Wholly produced
11.05 Flour, meal, powder
flakes, granules and
pellets, of potatoes
Wholly produced Wholly produced
11.06 Flour, meal and powder
of the dried leguminous
vegetables of Heading
No. 07.13, of sago or of
roots or tubers of
Heading No. 07.14; flour,
meal and powder of the
products of Chapter 8
Wholly produced Wholly produced
11.07 Malt, whether or not
roasted
Wholly produced Wholly produced
11.08 Starches; inulin Wholly produced Wholly produced
11.09 Wheat gluten, whether or
not dried
Wholly produced Wholly produced
12.01 Soya beans, whether or
not broken
Wholly produced Wholly produced
12.02 Ground-nuts, not roasted
or otherwise cooked,
whether or not shelled or
broken
Wholly produced Wholly produced
12.03 Copra Wholly produced Wholly produced
12.04 Linseed, whether or not
broken
Wholly produced Wholly produced
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166 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
12.05 Rape or colza seeds,
whether or not broken
Wholly produced Wholly produced
12.06 Sunflower seeds, whether
or not broken
Wholly produced Wholly produced
12.07 Other oil seeds and
oleaginous fruits, whether
or not broken
Wholly produced Wholly produced
Ex 12.08 Flours and meals of oil
seeds or oleaginous
fruits, other than those of
mustard or of soya beans
Wholly produced Wholly produced
12.12 Locust beans, seaweeds
and other algae, sugar beet
and sugar cane, fresh,
chilled, frozen or dried,
whether or not ground;
fruit stones and kernels
and other vegetable
products (including
unroasted chicory roots of
the variety Cichorium –
intybus sativum) of a kind
used primarily for human
consumption, not
elsewhere specified or
included
Wholly produced Wholly produced
12.13 Cereal straw and husks,
unprepared, whether or
not chopped, ground,
pressed or in the form of
pellets
Wholly produced Wholly produced
12.14 Swedes, mangolds, fodder
roots, hay, Lucerne
(alfalfa), clover, sainfoin,
forage kale, lupines,
vetches and similar forage
products, whether or not
in the form of pellets
Wholly produced Wholly produced
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Chap. 13 Lacs; gums, resins and
other vegetable saps and
extracts
Wholly produced Wholly produced
14.01 Vegetable materials of a
kind used primarily for
plaiting (for example,
bamboos, rattans, reeds,
rushes, osier, raffia,
cleaned, bleached or dyed
cereal straw, and lime
bark)
Wholly produced Wholly produced
14.02 Vegetable materials of a
kind used primarily as
stuffing or as padding (for
example, kapok,
vegetable hair and
eel–grass), whether or not
put up as a layer with or
without supporting
material
Wholly produced Wholly produced
14.03 Vegetable materials of a
kind used primarily in
brooms or in brushes (for
example, broom-corn,
piassava, couch-grass and
istle), whether or not in
hanks or bundles
Wholly produced Wholly produced
Ex. 14.01 Vegetable products not
elsewhere specified or
included (excluding cotton
linters)
Wholly produced Wholly produced
Ex. 15.01 Pig fat (including lard)
and poultry fat; other
than that of Heading No.
02.09 or 15.03
(excluding bone fat and
fats obtained from waste)
Produced from
regional materials
of 02.09
Produced from
regional materials
of 02.09
15.02 Fats of bovine animals,
sheep or goats, other than
those of Heading
No. 15.03
Produced from
regional materials
of 01.02 or
01.04
Produced from
regional materials
of 01.02 or
01.04
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
15.08 Groundnut oil and its
fractions, whether or not
refined, but not
chemically modified
Produced from
regional materials
of 12.02
Produced from
regional materials
of 12.02
15.09 Olive oil and its
fractions, whether or not
refined, but not
chemically modified
Produced from
regional materials
of Chapters 7
and 12
Produced from
regional materials
of Chapters 7
and 12
15.10 Other oils and their
fractions, obtained solely
from olives, whether or
not refined, but not
chemically modified,
including blends of these
oils or fractions with oils
or fractions of Heading
No. 15.09
Produced from
regional materials
of Chapters 7 and
12
Produced from
regional materials
of Chapters 7 and
12
Ex 15.11 Palm oil and its
fractions, not refined, but
not chemically modified
Produced from
regional materials
of 12.07
Produced from
regional materials
of 12.07
Ex 15.11 Palm oil and its
fractions, refined, but not
chemically modified
Produced from
regional materials
of 12.07
Produced from
regional materials
of 15.11
15.12 Sunflower-seed, safflower
or cotton-seed oil and
fractions thereof, whether
or not refined, but not
chemically modified
Produced from
regional materials
of 12.06 and
12.07
Produced from
regional materials
of 12.06 and
12.07
15.13 Coconut (copra), palm
kernel or babassu oil and
fractions thereof, whether
or not refined, but not
chemically modified
Produced from
regional materials
of Chapter 8,
12.03 and 12.07
Produced from
regional materials
of Chapter 8,
12.03 and 12.07
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Caribbean Community Chap. 81:11 169
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
15.14 Rape, colza or mustard
oil and fractions thereof,
whether or not refined,
but not chemically
modified
Produced from
regional materials
of 12.05 and
12.07
Produced from
regional materials
of 12.05 and
12.07
15.15 Other fixed vegetable fats
and oils (including jojoba
oil) and their fractions,
whether or not refined,
but not chemically
modified
Produced from
regional materials
of Chapters 7, 8
and 12
Produced from
regional materials
of Chapters 7, 8
and 12
15.16 Animal or vegetable fats
and oils and their
fractions, partly or
wholly hydrogenated,
inter-esterified, re-
esterified or elaidinised,
whether or not refined,
but not further prepared
Produced from
regional materials
of Chapters 7
and 12
Produced from
regional materials
of Chapters 7
and 12
Ex 16.01 Sausages and similar
products, of pork
Produced from
regional materials
of 02.03 or
02.06
Produced from
regional materials
of 02.03 or
02.06
Ex 16.02 Hams and shoulders Produced from
regional materials
of 02.03
Produced from
regional materials
of 02.03
Ex 17.01 Cane or beet sugar, not
containing added
flavouring or colouring
matter, in solid form
Wholly produced Wholly produced
Ex 17.02 Maltose and fructose, in
solid form
Produced by
chemical
transformation
Produced by
chemical
transformation
Ex 17.03 Molasses resulting from
the extraction or refining
of sugar (excluding
flavoured or coloured
molasses)
Wholly produced Wholly produced
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170 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
17.04 Sugar confectionary
(including white
chocolate) not containing
cocoa
Produced from
regional
materials of
17.01
Produced from
regional
materials of
17.01
18.01 Cocoa beans, whole or
broken, raw or roasted
Wholly produced Wholly produced
18.02 Cocoa shells, husks,
skins and other cocoa
waste
Wholly produced Wholly produced
18.03 Cocoa paste,
whether or not defatted
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
18.04 Cocoa butter, fat and oil Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
18.05 Cocoa powder, not
containing added sugar or
other sweetening matter
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
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Caribbean Community Chap. 81:11 171
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 18.06 Chocolate confectionery Produced from
regional
materials of
17.01, and where
extra-regional
materials are used
the value of
these materials
does not exceed
50 per cent of
the export price
of the finished
product
Produced from
regional
materials of
17.01, and where
extra-regional
materials are used
the value of
these materials
does not exceed
60 per cent of
the export price
of the finished
product
Ex 19.01 Food preparations of malt
extract
Produced from
malt extract
Produced from
malt extract
20.01 Vegetables, fruit, nuts
and other edible parts of
plants, prepared or
preserved by vinegar or
acetic acid
Produced from
regional
materials of
Chapters 7 and 8
and 17.01
Produced from
regional
materials of
Chapters 7 and 8
and 17.01
20.02 Tomatoes prepared or
preserved otherwise than
by vinegar or acetic acid
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
export price of
the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
export price of
the finished
product
20.03 Mushrooms and truffles,
prepared or preserved
otherwise than by vinegar
or acetic acid
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 20.04 Other vegetables prepared
or preserved otherwise
than by vinegar or acetic
acid, frozen (excluding
sweet corn and
homogenised vegetables)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
20.05 Other vegetables prepared
or preserved otherwise
than by vinegar or acetic
acid, not frozen, other
than products of Heading
No. 20.06
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 20.06 Vegetables preserved by
sugar, (drained, glacé or
crystallised)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 20.06 Maraschino and glacé
cherries
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 173
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 20.06 Other fruit, nuts, fruit-
peel and other parts of
plants, preserved by sugar
(drained, glacé or
crystallised) (excluding
maraschino and glacé
cherries)
Produced from
regional
materials of
Chapter 8 and
17.01
Produced from
regional
materials of
Chapter 8 and
17.01
20.07 Jams, fruit jellies,
marmalades, fruit or nut
purée and fruit or nut
pastes, being cooked
preparations, whether or
not containing added
sugar or other sweetening
matter
Produced from
regional
materials of
Chapter 8 and
17.01
Produced from
regional
materials of
Chapter 8 and
17.01
Ex 20.08 Fruit, nuts and other
edible parts of plants,
otherwise prepared or
preserved, whether or not
containing added sugar or
other sweetening matter
or spirit, not elsewhere
specified or included
(excluding peanut butter,
ground-nuts and cashew
nuts)
Produced from
regional
materials of
Chapters 7 and
8, 12.01, 12.02,
12.03, 12.05 to
12.07 and 17.01
Produced from
regional
materials of
Chapters 7 and
8, 12.01, 12.02,
12.03, 12.05 to
12.07 and 17.01
Ex 20.08 Peanuts (groundnuts),
prepared or preserved
Produced from
regional
materials of
Chapter 8, 12.02
and 17.01
Produced from
regional
materials of
Chapter 8, 12.02
and 17.01
20.09 Fruit juices (including
grape must) and vegetable
juices, unfermented and
not containing added
spirit, whether or not
containing added sugar or
other sweetening matter
Produced from
regional
materials of
Chapters 7 and 8
and 17.01
Produced from
regional
materials of
Chapters 7 and 8
and 17.01
Ex 21.01 Extracts, essences and
concentrates, of coffee,
and preparations with a
basis of coffee
Produced from
regional
materials of
09.01
Produced from
regional
materials of
09.01
Ex 21.02 Dried yeast Produced from
seed yeast
Produced from
seed yeast
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174 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 21.02 Dead unicellular algae Wholly produced Wholly produced
Ex 21.06 Frozen mousse Produced from
materials of
21.06 the value
of which does
not exceed 3 per
cent of the
export price of
the finished
product
Produced from
materials of
21.06 the value
of which does
not exceed 3 per
cent of the
export price of
the finished
product
Ex 22.02 Waters, including mineral
waters and aerated waters,
containing added sugar or
other sweetening matter
or flavoured, and other
non-alcoholic beverages,
not including fruit or
vegetable juices of
Heading No. 20.09
(excluding milk based
beverages)
Produced from
regional
materials of
Chapters 7 and 8
and 17.01
Produced from
regional
materials of
Chapters 7 and 8
and 17.01
22.07 Undenatured ethyl alcohol
of an alcoholic strength
by volume of 80% vol or
higher; ethyl alcohol and
other spirits, denatured,
of any strength
Produced from
materials not
included in 22.07
or 22.08
Produced from
materials not
included in 22.07
or 22.08
Ex 22.08 Spirits Produced from
materials not
included in 22.07
Produced from
materials not
included in 22.07
Ex 22.08 Liqueurs and other
spirituous beverages
Produced from
regional
materials of
22.07
Produced from
regional
materials of
22.07
Ex 22.09 Spirit vinegar Produced from
regional
materials of
Chapter 17
Produced from
regional
materials of
Chapter 17
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Caribbean Community Chap. 81:11 175
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 23.09 Prepared complete animal
feeds
Produced from
materials of
23.09 the value
of which does
not exceed 5 per
cent of the
export price of
the finished
product
Produced from
materials of
23.09 the value
of which does
not exceed 5 per
cent of the
export price of
the finished
product
Ex 25.01 Refined salt Produced from
rock salt or sea
salt
Produced from
rock salt or sea
salt
25.15 Marble, travertine,
ecaussine and other
calcareous monumental
or building stone of an
apparent specific gravity
of 2.5 or more, and
alabaster, whether or not
roughly trimmed or
merely cut, by sawing or
otherwise, into blocks or
slabs of a rectangular
(including square) shape
Produced by
sawing
Produced by
sawing
Ex 27.10 Lubricating oils Production in
which the value
of extra-regional
materials used
does not exceed
65 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
70 per cent of
the export price
of the finished
product
28.10 Oxides of boron; boric
acids
Produced by
chemical
transformation
Produced by
chemical
transformation
Ex 28.11 Other inorganic acids and
other inorganic oxygen
compounds of non-
metals, (excluding water
and sulphur dioxide)
Produced by
chemical
transformation
Produced by
chemical
transformation
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176 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
28.12 Halides and halide oxides
of non-metals
Produced by
chemical
transformation
Produced by
chemical
transformation
28.13 Sulphides of non-metals;
commercial phosphorus
trisulphide
Produced by
chemical
transformation
Produced by
chemical
transformation
28.18 Artificial corundum
whether or not
chemically defined;
aluminium oxide;
aluminium hydroxide
Produced by
chemical
transformation
Produced by
chemical
transformation
Ex 28.27 Bromides and bromide
oxides; iodides and iodide
oxides
Produced by
chemical
transformation
Produced by
chemical
transformation
Ex 28.28 Hypobromites Produced by
chemical
transformation
Produced by
chemical
transformation
28.29 Chlorates and
perchlorates; bromates
and perbromates; iodates
and periodates
Produced by
chemical
transformation
Produced by
chemical
transformation
28.30 Sulphides; polysulphides Produced by
chemical
transformation
Produced by
chemical
transformation
28.32 Sulphites; thiosulphates Produced by
chemical
transformation
Produced by
chemical
transformation
Ex 28.33 Peroxosulphates
(persulphates)
Produced by
chemical
transformation
Produced by
chemical
transformation
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Caribbean Community Chap. 81:11 177
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
28.34 Nitrites; nitrates Produced by
chemical
transformation
from materials of
28.43
Produced by
chemical
transformation
from materials of
28.43
28.35 Phosphinates
(hypophosphites),
phosphonates
(phosphites), phosphates
and polyphosphates
Produced by
chemical
transformation
Produced by
chemical
transformation
28.36 Carbonates,
peroxocarbonates
(percarbonates);
commercial ammonium
carbonate containing
ammonium carbamate
Produced by
chemical
transformation
Produced by
chemical
transformation
28.37 Cyanides, cyanide oxides
and complex cyanides
Produced by
chemical
transformation
Produced by
chemical
transformation
28.39 Silicates; commercial
alkali metal silicates
Produced by
chemical
transformation
Produced by
chemical
transformation
28.40 Borates; peroxoborates
(perborates)
Produced by
chemical
transformation
Produced by
chemical
transformation
28.41 Salts of oxometallic or
peroxometallic acids
Produced by
chemical
transformation
Produced by
chemical
transformation
28.42 Other salts of inorganic
acids or peroxoacids,
excluding azides
Produced by
chemical
transformation
Produced by
chemical
transformation
28.43 Colloidal precious
metals; inorganic or
organic compounds of
precious metals, whether
or not chemically defined;
amalgams of precious
metals
Produced from
materials not
included in 28.43
or by chemical
transformation
from materials of
28.43
Produced from
materials not
included in 28.43
or by chemical
transformation
from materials of
28.43
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178 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
28.50 Hydrides, nitrides, azides,
silicides and borides,
whether or not
chemically defined, other
than compounds which
are also carbides of
Heading No. 28.49
Produced by
chemical
transformation
Produced by
chemical
transformation
Ex 28.51 Other inorganic
compounds (including
distilled or conductivity
water and water of
similar purity);
amalgams, other than
amalgams of precious
metal
Produced from
materials not
included in 28.51
or by chemical
transformation
from materials of
28.51
Produced from
materials not
included in 28.51
or by chemical
transformation
from materials of
28.51
29.01 Acyclic hydrocarbons Produced by
chemical
transformation
Produced by
chemical
transformation
29.02 Cyclic hydrocarbons Produced by
chemical
transformation
Produced by
chemical
transformation
29.03 Halogenated derivatives
of hydrocarbons
Produced by
chemical
transformation
Produced by
chemical
transformation
29.05 Acyclic alcohols and their
halogenated, sulphonated,
nitrated or nitrosated
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.06 Cyclic alcohols and their
halogenated, sulphonated,
nitrated or nitrosated
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.07 Phenols; phenol-alcohols Produced by
chemical
transformation
Produced by
chemical
transformation
UNOFFICIAL VERSION
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Caribbean Community Chap. 81:11 179
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
29.09 Ethers, ether-alcohols,
ether-phenols, ether-
alcohol-phenols, alcohol
peroxides, ether
peroxides, ketone
peroxides (whether or not
chemically defined), and
their halogenated,
sulphonated, nitrated or
nitrosated derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.10 Epoxides, epoxyalcohols,
epoxyphenols and
epoxyethers with a three-
membered ring, and their
halogenated, sulphonated,
nitrated or nitrosated
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.11 Acetals and hemiacetals,
whether or not with other
oxygen function, and
their halogenated,
sulphonated, nitrated or
nitrosated derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.12 Aldehydes, whether or
not with other oxygen
function; cyclic polymers
of aldehydes;
paraformaldehyde
Produced by
chemical
transformation
Produced by
chemical
transformation
29.15 Saturated acyclic
monocarboxylic acids and
their anhydrides, halides,
peroxides and
peroxyacids; their
halogenated, sulphonated,
nitrated or nitrosated
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.16 Unsaturated acyclic
monocarboxylic acids,
cyclic monocarboxylic
acids, their anhydrides,
halides, peroxides and
peroxyacids; their
halogenated, sulphonated,
nitrated or nitrosated
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
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180 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
29.17 Polycarboxylic acids,
their anhydrides, halides,
peroxides and
peroxyacids; their
halogenated, sulphonated,
nitrated or nitrosated
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.18 Carboxylic acids with
additional oxygen function
and their anhydrides,
halides, peroxides and
peroxyacids; their
halogenated, sulphonated,
nitrated or nitrosated
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.19 Phosphoric esters and
their salts, including
lactophosphates; their
halogenated, sulphonated,
nitrated or nitrosated
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.20 Esters of other inorganic
acids (excluding esters of
hydrogen halides) and
their salts; their
halogenated, sulphonated;
nitrated or nitrosated
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.23 Quaternary ammonium
salts and hydroxides;
lecithins and other
phosphoaminolipids
Produced by
chemical
transformation
Produced by
chemical
transformation
29.25 Carboxyimide-function
compounds (including
saccharin and its salts)
and imine-function
compounds
Produced by
chemical
transformation
Produced by
chemical
transformation
29.26 Nitrile-function
compounds
Produced by
chemical
transformation
Produced by
chemical
transformation
29.27 Diazo-, azo- or azoxy-
compounds
Produced by
chemical
transformation
Produced by
chemical
transformation
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Caribbean Community Chap. 81:11 181
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
29.28 Organic derivatives of
hydrazine or of
hydroxylamine
Produced by
chemical
transformation
Produced by
chemical
transformation
29.30 Organo-sulphur
compounds
Produced by
chemical
transformation
Produced by
chemical
transformation
29.31 Other organo-inorganic
compounds
Produced by
chemical
transformation
Produced by
chemical
transformation
29.32 Heterocyclic compounds
with oxygen hetero-
atom(s) only
Produced by
chemical
transformation
Produced by
chemical
transformation
29.33 Heterocyclic compounds
with nitrogen hetero-
atom(s) only
Produced by
chemical
transformation
Produced by
chemical
transformation
29.34 Nucleic acids and their
salts; other heterocyclic
compounds
Produced by
chemical
transformation
Produced by
chemical
transformation
29.35 Sulphonamides Produced by
chemical
transformation
Produced by
chemical
transformation
29.36 Provitamins and
vitamins, natural or
reproduced by synthesis
(including natural
concentrates), derivatives
thereof used primarily as
vitamins, and
intermixtures of the
foregoing, whether or not
in any solvent
Produced by
chemical
transformation
Produced by
chemical
transformation
29.37 Hormones, natural or
reproduced by synthesis;
derivatives thereof, used
primarily as hormones;
other steroids used
primarily as hormones
Produced by
chemical
transformation
Produced by
chemical
transformation
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182 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
29.38 Glycosides, natural or
reproduced by synthesis,
and their salts, ethers,
esters and other
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.39 Vegetable alkaloids,
natural or reproduced by
synthesis, and their salts,
ethers, esters and other
derivatives
Produced by
chemical
transformation
Produced by
chemical
transformation
29.40 Sugars, chemically pure,
other than sucrose,
lactose, maltose, glucose
and fructose; sugar ethers
and sugar esters, and their
salts, other than products
of Heading No. 29.37,
29.38 or 29.39
Produced by
chemical
transformation
Produced by
chemical
transformation
29.41 Antibiotics Produced by
chemical
transformation
Produced by
chemical
transformation
30.02 Human blood; animal
blood prepared for
therapeutic, prophylactic
or diagnostic uses;
antisera and other blood
fractions and modified
immunological products,
whether or not obtained
by means of
biotechnological
processes; vaccines,
toxins, cultures of micro-
organisms (excluding
yeasts) and similar
products
Produced from
seed for
microbial
cultures or from
similar products
of 30.02 or
produced from
materials not
included in 30.02
Produced from
seed for
microbial
cultures or from
similar products
of 30.02 or
produced from
materials not
included in 30.02
Ex 31.02 Ammonium nitrate or
sodium nitrate, pure
Produced by
chemical
transformation
Produced by
chemical
transformation
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Caribbean Community Chap. 81:11 183
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 35.01 Casein derivatives; casein
glues
Produced from
casein of 35.01
or from materials
not included in
35.01
Produced from
casein of 35.01
or from materials
not included in
35.01
Ex 35.02 Albuminates and other
albumin derivatives
Produced from
albumins of
35.02 or from
materials not
included in 35.02
Produced from
albumins of
35.02 or from
materials not
included in 35.02
Ex 35.03 Gelatin derivatives Produced from
gelatin of 35.03
or from materials
not included in
35.03
Produced from
gelatin of 35.03
or from materials
not included in
35.03
Ex 35.05 Glues based on starches
or on dextrins
Produced from
dextrins or other
modified starches
of 35.05 or
from materials
not included in
35.05
Produced from
dextrins or other
modified starches
of 35.05 or
from materials
not included in
35.05
Ex 36.05 Matches, other than
pyrotechnic articles of
36.04, with wooden
splints
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
37.01 Photographic plates and
film in the flat,
sensitised, unexposed, of
any material other than
paper, paperboard or
textiles; instant print
film in the flat,
sensitised, unexposed,
whether or not in packs
Produced from
materials not
included in 37.02
Produced from
materials not
included in 37.02
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184 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
37.02 Photographic film in
rolls, sensitised,
unexposed, of any
material other than paper,
paperboard or textiles;
instant print film in rolls,
sensitised, unexposed
Produced from
materials not
included in 37.01
Produced from
materials not
included in 37.01
38.05 Gum, wood or sulphate
turpentine and other
terpenic oils produced by
the distillation or other
treatment of coniferous
woods; crude dipentene;
sulphite turpentine and
other crude para-cymene;
pine oil containing alpha-
terpineol as the main
constituent
Produced from
gum, wood or
sulphate
turpentine and
other terpenic
oils of 38.05 or
from materials
not included in
38.05
Produced from
gum, wood or
sulphate
turpentine and
other terpenic
oils of 38.05 or
from materials
not included in
38.05
Ex 38.06 Derivatives of rosin and
resin acids
Produced by
chemical
transformation or
emulsification
Produced by
chemical
transformation or
emulsification
Ex 38.09 Rosin spirit and rosin
oils
Produced from
rosin or resin
acids of 38.06 or
from materials
not included in
38.06
Produced from
rosin or resin
acids of 38.06 or
from materials
not included in
38.06
Ex 38.23 Industrial
monocarboxylic fatty
acids; acid oils from
refining; industrial fatty
alcohols (excluding
industrial fatty alcohols
which have a waxy
character)
Produced from
regional
materials of
Chapter 15
Produced from
regional
materials of
Chapter 15
39.01 Polymers of ethylene, in
primary forms
Produced by
chemical
transformation
Produced by
chemical
transformation
39.02 Polymers of propylene or
of other olefins, in
primary forms
Produced by
chemical
transformation
Produced by
chemical
transformation
UNOFFICIAL VERSION
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Caribbean Community Chap. 81:11 185
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
39.15 Waste, parings and scrap,
of plastics
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
39.16 Monofilament of which
any cross-sectional
dimension exceeds 1mm,
rods, sticks and profile
shapes, whether or not
surface-worked but not
otherwise worked, of
plastics
Produced from
blocks, lumps,
powders, flakes,
granules, liquids,
pastes, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, liquids,
pastes, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
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186 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
39.17 Tubes, pipes and hoses,
and fittings therefore (for
example, joints, elbows,
flanges), of plastics
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
39.18 Floor coverings of
plastics, whether or not
self-adhesive, in rolls or
in the form of tiles; wall
or ceiling coverings of
plastics, as defined in
Note 9 to this Chapter
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
39.19 Self adhesive plates,
sheets, film, foil, tape,
strip and other flat
shapes, of plastics,
whether or not in rolls
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
39.20 Other plates, sheets,
film, foil and strip, of
plastics, non-cellular and
not reinforced, laminated,
supported or similarly
combined with other
materials
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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188 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
39.21 Other plates, sheets,
film, foil and strip, of
plastics
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
39.22 Baths, shower-baths,
wash-basins, bidets,
lavatory pans, seats and
covers, flushing cisterns
and similar sanitary ware,
of plastics
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 189
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
39.23 Articles for the
conveyance or packing of
goods, of plastics;
stoppers, lids, caps and
other closures, of plastics
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
39.24 Tableware, kitchenware,
other household articles
and toilet articles, of
plastics
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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190 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 39.25 Builders’ ware of plastics,
not elsewhere specified or
included (excluding doors,
windows and their
frames, bath tub
enclosures, fencing and
panelling)
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
forms of plastics,
provided fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties
and similar bulk
that extra-
regional parts and
fittings may be
used if the value
of such parts and
fittings does not
exceed 10 per
cent of the
export price of
the finished
product
Ex 39.26 Other articles of plastics
and articles of other
materials of Headings
Nos. 39.01 to 39.14
(excluding motor vehicle
licence plates, signs,
lettering, name-plates,
badges and anti-static
vinyl computer covers)
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties,
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Produced from
blocks, lumps,
powders, flakes,
granules, pastes,
liquids, putties,
and similar bulk
forms of plastics,
provided that
extra-regional
parts and fittings
may be used if
the value of such
parts and fittings
does not exceed
10 per cent of
the export price
of the finished
product
Ex 39.26 Anti-static vinyl
computer covers
Produced from
materials of
39.21
Produced from
materials of
39.21
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 191
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 40.06 Articles of unvulcanised
rubber
Produced from
unvulcanised
rubber
Produced from
unvulcanised
rubber
Ex 40.12 Retreaded or remoulded
tyres
Produced by
retreading or
remoulding
Produced by
retreading or
remoulding
43.03 Articles of apparel,
clothing accessories and
other articles of furskin
Produced from
materials not
included in 43.03
and not being
furskins
assembled in
plates, crosses or
similar forms
Produced from
materials not
included in 43.03
and not being
furskins
assembled in
plates, crosses or
similar forms
44.01 Fuel wood, in logs, in
billets, in twigs, in
faggots or in similar
forms; wood in chips or
particles; sawdust and
wood waste and scrap,
whether or not
agglomerated in logs,
briquettes, pellets or
similar forms
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.02 Wood charcoal (including
shell or nut charcoal),
whether or not
agglomerated
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.03 Wood in the rough,
whether or not stripped
of bark or sapwood, or
roughly squared
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
UNOFFICIAL VERSION
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192 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
44.04 Hoopwood; split poles;
piles, pickets and stakes
of wood, pointed but not
sawn lengthwise; wooden
sticks, roughly trimmed
but not turned, bent or
otherwise worked, suitable
for the manufacture of
walking-sticks, umbrellas,
tool handles or the like;
chipwood and the like
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.05 Wood wool; wood flour Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.06 Railway or tramway
sleepers (cross-ties) of
wood
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.07 Wood sawn or chipped
lengthwise, sliced or
peeled, whether or not
planed, sanded or finger-
jointed, of a thickness
exceeding 6 mm
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.08 Veneer sheets and sheets for
plywood (whether or not
spliced) and other wood
sawn lengthwise, sliced or
peeled, whether or not
planed, sanded or finger-
jointed, of a thickness not
exceeding 6 mm
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.09 Wood (including strips and
friezes for parquet flooring,
not assembled) continuously
shaped (tongued, grooved,
rebated, chamfered, V-
jointed, beaded, moulded,
rounded or the like) along
any of its edges or faces,
whether or not planed sanded
or finger jointed
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Caribbean Community Chap. 81:11 193
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
44.10 Particle board and similar
board of wood or other
ligneous materials,
whether or not
agglomerated with resins
or other organic binding
substances
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.11 Fibreboard of wood or
other ligneous materials,
whether or not bonded
with resins or other
organic substances
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.12 Plywood, veneered panels
and similar laminated
wood
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.13 Densified wood, in
blocks, plates, strips or
profile shapes
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.14 Wooden frames for
paintings, photographs,
mirrors or similar objects
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.15 Packing cases, boxes,
crates, drums and similar
packings, of wood; cable-
drums of wood; pallets,
box pallets and other load
boards, of wood; pallet
collars of wood
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.17 Tools, tool bodies, tool
handles, broom or brush
bodies and handles, of
wood; boot or shoe lasts
and trees, of wood
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
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194 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 44.18 Wooden doors or non-
coniferous species
(excluding mahogany)
Produced from
regional non-
coniferous
species
(excluding
mahogany) of
Chapter 44
Produced from
regional non-
coniferous
species
(excluding
mahogany) of
Chapter 44
Ex 44.18 Other builders’ joinery
and carpentry of wood,
including cellular wood
panels, assembled parquet
panels, shingles and
shakes
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.19 Tableware and
kitchenware, of wood
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
44.20 Wood marquetry and
inlaid wood; caskets and
cases for jewellery or
cutlery, and similar
articles, of wood;
statuettes and other
ornaments, of wood;
wooden articles of
furniture not falling in
Chapter 94
Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
Ex 44.21 Funeral caskets, of non-
coniferous species
(excluding mahogany)
Produced from
regional non-
coniferous
species
(excluding
mahogany) of
Chapter 44
Produced from
regional non-
coniferous
species
(excluding
mahogany) of
Chapter 44
Ex 44.21 Other articles of wood Produced from
regional
materials of
Chapter 44
Produced from
regional
materials of
Chapter 44
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 195
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 46.01 Plaiting materials bound
together in parallel
strands or woven, in
sheet form, whether or
not being finished articles
(for example, mats,
matting, screens)
Produced from
regional
materials of
14.01
Produced from
regional
materials of
14.01
46.02 Basketwork, wickerwork
and other articles, made
directly to shape from
plaiting materials or
made up from goods of
heading No. 46.01;
articles of loofah
Produced from
regional
materials of
14.01
Produced from
regional
materials of
14.01
Ex 48.10 Paper and paperboard,
ruled, lined, squared or
otherwise printed, in rolls
or sheets
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 48.11 Paper and paperboard,
ruled, lined, squared or
otherwise printed, in rolls
or sheets
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 50.07 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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196 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
51.09 Yarn of wool or of fine
animal hair, put up for
retail sale
Produced from
materials not
included in 51.06
to 51.08
Produced from
materials not
included in 51.06
to 51.08
Ex 51.10 Yarn of coarse animal
hair or of horsehair
(including gimped
horsehair yarn), put up
for retail sale
Produced from
materials not
included in 51.10
Produced from
materials not
included in 51.10
Ex 51.11 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 51.12 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 51.13 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 197
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 52.04 Cotton sewing thread,
put up for retail sale
Produced from
materials not
included in 52.04
to 52.06
Produced from
materials not
included in 52.04
to 52.06
52.07 Cotton yarn (other than
sewing thread) put up for
retail sale
Produced from
materials not
included in 52.05
and 52.06
Produced from
materials not
included in 52.05
and 52.06
Ex 52.08 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 52.09 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 52.10 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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198 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 52.11 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 52.12 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 53.06 Flax yarn, put up for
retail sale
Produced from
materials not
included in 53.06
Produced from
materials not
included in 53.06
Ex 53.08 Ramie yarn, put up for
retail sale
Produced from
materials not
included in 53.08
Produced from
materials not
included in 53.08
Ex 53.09 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 199
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 53.10 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 53.11 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 54.01 Sewing thread of man-
made filaments, put up
for retail sale
Produced from
materials not
included in 54.01
Produced from
materials not
included in 54.01
Ex 54.04 Synthetic monofilament
of 67 decitex or more and
of which no cross-
sectional dimension
exceeds 1mm, put up for
retail sale
Produced from
materials not
included in 54.04
Ex 54.05 Artificial monofilament
of 67 decitex or more and
of which no cross-
sectional dimension
exceeds 1mm, put up for
retail sale
Produced from
materials not
included in 54.05
Produced from
materials not
included in 54.05
Produced from
materials not
included in
54.04
UNOFFICIAL VERSION
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200 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
54.06 Man-made filament yarn
(other than sewing
thread), put up for retail
sale
Produced from
materials not
included in 54.01
to 54.06
Produced from
materials not
included in 54.01
to 54.06
Ex 54.07 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 54.08 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 55.05 Waste (including noils,
yarn waste and garnetted
stock) of man-made
fibres, put up for retail
sale
Produced from
materials not
included in 55.05
Produced from
materials not
included in 55.05
Ex 55.08 Sewing thread of
polyester staple fibres
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
65 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 201
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 55.08 Other sewing thread of
man-made staple fibres,
put up for retail sale
Produced from
materials not
included in 55.08
to 55.10
Produced from
materials not
included in 55.08
to 55.10
Ex 55.11 Yarn (other than sewing
thread) of man-made
staple fibres, put up for
retail sale
Produced from
materials not
included in 55.09
and 55.10
Produced from
materials not
included in 55.09
and 55.10
Ex 55.12 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 55.13 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 55.14 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
202 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 5.15 Dyed or printed fabrics Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 55.16 Dyed or printed fabrics Production in
which the value
of extra- regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Ex 56.04 Rubber thread and cord,
textile covered
Produced from
rubber thread or
cord
Produced from
rubber thread or
cord
Ex 62.12 Articles obtained from
parts of this heading
Production in
which the value
of extra-regional
materials used
does not exceed
30 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
63.01 Blankets and travelling
rugs
Produced from
materials of
51.06 to 51.08,
51.10, 52.05,
52.06, 54.02,
54.03, 55.09 or
55.10
Produced from
materials of
51.06 to 51.08,
51.10, 52.05,
52.06, 54.02,
54.03, 55.09 or
55.10
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 203
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 63.02 Towels of terry towelling
or similar terry fabrics,
of cotton
Produced from
materials of
52.05 or 52.06
Produced from
materials of
52.05 or 52.06
64.01 Waterproof footwear with
outer soles and uppers of
rubber or of plastics, the
uppers of which are
neither fixed to the sole
nor assembled by
stitching, riveting,
nailing, screwing,
plugging or similar
processes
Produced from
regional uppers
and parts of
uppers of 64.06
Produced from
regional uppers
and parts of
uppers or
regional soles of
64.06
64.02 Other footwear with outer
soles and uppers of
rubber or plastics
Produced from
regional uppers
and parts of
uppers of 64.06
Produced from
regional uppers
and parts of
uppers or
regional soles of
64.06
64.03 Footwear with outer
soles of rubber, plastics,
leather or composition
leather and uppers of
leather
Produced from
regional uppers
and parts of
uppers of 64.06
Produced from
regional uppers
and parts of
uppers or
regional soles of
64.06
64.04 Footwear with outer
soles of rubber, plastics,
leather or composition
leather and uppers of
textile materials
Produced from
regional uppers
and parts of
uppers of 64.06
Produced from
regional uppers
and parts of
uppers or
regional soles of
64.06
64.05 Other footwear Produced from
regional uppers
and parts of
uppers of 64.06
Produced from
regional uppers
and parts of
uppers or
regional soles of
64.06
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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204 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 66.02 Walking-sticks, of wood
or cane
Produced from
regional
materials of
14.01 or Chapter
44
Produced from
regional
materials of
14.01 or Chapter
44
68.07 Articles of asphalt or of
similar material (for
example, petroleum
bitumen or coal tar pitch)
Produced from
regional
materials of
27.08, 27.13,
27.14 or 27.15
Produced from
regional
materials of
27.08, 27.13,
27.14 or 27.15
68.08 Panels, boards, tiles,
blocks and similar
articles of vegetable fibre,
of straw or of shavings,
chips, particles, sawdust
or other waste, of wood,
agglomerated with
cement, plaster or other
mineral binders
Produced from
regional
materials of
Chapters 14 and
44
Produced from
regional
materials of
Chapters 14 and
44
68.09 Articles of plaster or of
compositions based on
plaster
Produced from
regional
materials of
25.20
Produced from
regional
materials of
25.20
68.10 Articles of cement, of
concrete or of artificial
stone, whether or not
reinforced
Produced from
regional
materials of
25.23
Produced from
regional
materials of
25.23
69.04 Ceramic building bricks,
flooring blocks, support
or filler tiles and the like
Produced from
regional
materials of
25.05, 25.07 and
25.29
Produced from
regional
materials of
25.05, 25.07 and
25.29
69.05 Roofing tiles, chimney-
pots, cowls, chimney
liners, architectural
ornaments and other
ceramic constructional
goods
Produced from
regional
materials of
25.05, 25.07 and
25.29
Produced from
regional
materials of
25.05, 25.07 and
25.29
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 205
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
69.06 Ceramic pipes, conduits,
guttering and pipe
fittings
Produced from
regional
materials of
25.05, 25.07 and
25.29
Produced from
regional
materials of
25.05, 25.07 and
25.29
69.07 Unglazed ceramic flags
and paving, hearth or
wall tiles; unglazed
ceramic mosaic cubes and
the like, whether or not
on a backing
Produced from
regional
materials of
25.05, 25.07 and
25.29
Produced from
regional
materials of
25.05, 25.07 and
25.29
69.09 Ceramic wares for
laboratory, chemical or
other technical uses;
ceramic troughs, tubs and
similar receptacles of a
kind used in agriculture;
ceramic pots, jars and
similar articles of a kind
used for the conveyance
or packing of goods
Produced from
regional
materials of
25.05, 25.07 and
25.29
Produced from
regional
materials of
25.05, 25.07 and
25.29
69.10 Ceramic sinks, wash
basins, wash basin
pedestals, baths, bidets,
water closet pans,
flushing cisterns, urinals
and similar sanitary
fixtures
Produced from
regional
materials of
25.05 and 25.07
Produced from
regional
materials of
25.05 and 25.07
69.12 Ceramic tableware,
kitchenware, other
household articles and
toilet articles, other than
of porcelain or china
Produced from
regional
materials of
25.05, 25.07 and
25.29
Produced from
regional
materials of
25.05, 25.07 and
25.29
69.13 Statuettes and other
ornamental ceramic
articles
Produced from
regional
materials of
25.05 and 25.07
Produced from
regional
materials of
25.05 and 25.07
Ex 70.09 Glass mirrors, whether or
not framed, excluding
rear-view mirrors
Produced from
materials of
70.09
Produced from
materials of
70.09
Ex 70.19 Articles of glass fibres
(including glass wool),
(for example, yarn,
woven fabrics)
Produced from
materials of
70.19
Produced from
materials of
70.19
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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206 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 71.06 Silver and silver alloys,
in semi-manufactured
forms
Produced from
unwrought
materials of
71.06
Produced from
unwrought
materials of
71.06
Ex 71.08 Gold (including gold
plated with platinum) in
semi-manufactured forms
Produced from
unwrought
materials of
71.08
Produced from
unwrought
materials of
71.08
Ex 71.13 Articles of jewellery, of
precious metal or of
metal clad with precious
metal
Produced from
materials not
included in
71.13, or from
materials of
71.13 the value
of which does
not exceed 20 per
cent of the value
of all materials
used
Produced from
materials not
included in
71.13, or from
materials of
71.13 the value
of which does
not exceed 20 per
cent of the value
of all materials
used
71.17 Imitation jewellery Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 72.07 Billets of steel Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
72.03 or
materials of
72.04
Ex 72.10 Steel sheets, clad, plated
or coated
Produced from
regional
materials of
72.10
Produced from
regional
materials of
72.10
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 207
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 72.12 Steel sheets, clad, plated
or coated
Produced from
materials of
72.12
Produced from
materials of
72.12
Ex 72.13 Bars and rods (including
wire rods), of non-alloy
steel
Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
72.03 or
materials of
72.04
Ex 72.14 Other bars and rods of
non-alloy steel, not
further worked than
forged, hot-rolled, hot-
drawn or hot-extruded,
but including those
twisted after rolling
Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
72.03 or
materials of
72.04
Ex 72.15 Other bars and rods of
non-alloy steel
Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
72.03 or
materials of
72.04
Ex 72.16 Angles, shapes and
sections of non-alloy
steel
Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
72.03 or
materials of
72.04
Ex 72.17 Wire, whether or not
coated but not insulated,
of non-alloy steel
Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
72.03 or
materials of
72.04
Ex 73.04 Tubes, pipes and hollow
profiles, seamless, of
non-alloy steel
Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
72.03 or
materials of
72.04
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
208 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 73.06 Other tubes, pipes and
hollow profiles (for
example, open seam or
welded, riveted or
similarly closed), of non-
alloy steel
Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
72.03 or
materials of
72.04
Ex 73.12 Stranded wire, ropes,
cables, plaited bands,
slings and the like, of
non-alloy steel, not
electrically insulated
Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
72.03 or
materials of
72.04
Ex 73.14 Cloth (including endless
bands), grill, netting and
fencing, of non-alloy
steel wire (excluding
PVC-coated galvanised
wire mesh)
Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
2.03 or materials
of 72.04
Ex 73.17 Nails, tacks and staples,
of non-alloy steel,
whether or not with
heads of other material,
but excluding such
articles with heads of
copper
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 73.21 Gas stoves, ranges and
cookers
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 209
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 74.18 Table, kitchen or other
household articles, of
copper; pot scourers and
scouring or polishing
pads, gloves and the like,
of copper
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 82.01 Hand tools with wooden
handles
Produced from
materials not
included in 82.01
and from regional
materials of
Chapter 44
Produced from
materials not
included in 82.01
and from regional
materials of
Chapter 44
Ex 83.01 Padlocks and locks Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 83.05 Letter clips, paper clips
and staples, of non-alloy
steel
Produced from
regional
materials of
72.03 or
materials of
72.04
Produced from
regional
materials of
72.03 or
materials of
72.04
Ex 83.11 Welding rods and welding
electrodes, of steel
Produced from
regional
materials of
72.03 or
materials of
72.04 and
Chapters 28 and
29
Produced from
regional
materials of
72.03 or
materials of
72.04 and
Chapters 28
and 29
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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210 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.01 Nuclear reactions; fuel
elements (cartridges),
non-irradiated, for nuclear
reactors; machinery and
apparatus for isotopic
separation
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.02 Steam or other vapour
generating boilers (other
than central heating hot
water boilers capable also
of producing low pressure
steam); super-heated
water boilers
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.03 Central heating boilers
other than those of
heading No. 84.02
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.04 Auxiliary plant for use
with boilers of Heading
No. 84.02 or 84.03 (for
example, economisers,
super-heaters, soot
removers, gas recoverers);
condensers for steam or
other vapour power units
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 211
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.05 Producer gas or water gas
generators, with or
without their purifiers;
acetylene gas generators
and similar water process
gas generators, with or
without their purifiers
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.06 Steam turbines and other
vapour turbines
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.07 Spark-ignition
reciprocating or rotary
internal combustion
piston engines
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.08 Compression-ignition
internal combustion
piston engines (diesel or
semi-diesel engines)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
212 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.09 Parts suitable for use
solely or principally with
the engines of Heading
No. 84.07 or 84.08
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.10 Hydraulic turbines, water
wheels, and regulators
therefore
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.11 Turbo-jets, turbo-
propellers and other gas
turbines
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.12 Other engines and motors Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 213
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.13 Pumps for liquids,
whether or not fitted with
a measuring device; liquid
elevators
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.14 Air or vacuum pumps,
air or other gas
compressors and fans;
ventilating or recycling
hoods incorporating a
fan, whether or not fitted
with filters
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.15 Air conditioning
machines, comprising a
motor-driven fan and
elements for changing the
temperature and humidity,
including those machines
in which the humidity
cannot be separately
regulated
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.16 Furnace burners for liquid
fuel; for pulverised solid
fuel or for gas;
mechanical stokers,
including their
mechanical grates,
mechanical ash
dischargers and similar
appliances
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.17 Industrial or laboratory
furnaces and ovens,
including incinerators,
non-electric
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.18 Refrigerators, freezers and
refrigerating or freezing
equipment, electric or
other; heat pumps other
than air conditioning
machines of heading No.
84.15
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 84.19 Instantaneous or storage
water heaters, non-electric
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
65 per cent of
the export price
of the finished
product
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 84.19 Machinery, plant or
laboratory equipment,
whether or not
electrically heated, for the
treatment of materials by
a process involving a
change of temperature
such as heating, cooking,
roasting, distilling,
rectifying, sterilising,
pasteurising, steaming,
drying, evaporating,
vaporising, condensing or
cooling, other than
machinery or plant of a
kind used for domestic
purposes
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.20 Calendering or other
rolling machines, other
than for metals or glass,
and cylinders therefor
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.21 Centrifuges, including
centrifugal dryers;
filtering or purifying
machinery and apparatus,
for liquids or gases
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.22 Dish washing machines;
machinery for cleaning or
drying bottles or other
containers; machinery for
filling, closing, sealing or
labelling bottles, cans,
boxes, bags or other
containers; machinery for
capsuling bottles, jars,
tubes and similar containers;
other packing or wrapping
machinery (including heat-
shrink wrapping
machinery); machinery for
aerating beverages
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.23 Weighing machinery
(excluding balances of a
sensitivity of 5 cg or
better), including weight
operated counting or
checking machines;
weighing machines
weights of all kinds
Production in
which the value of
extra-regional
materials useddoes
not exceed50 per
cent of the export
price of the finished
product
Production in which
the value of extra-
regional materials
useddoes not exceed
60 per cent of the
export price of the
finishedproduct
84.24 Mechanical appliances
(whether or not hand-
operated) for projecting,
dispersing or spraying
liquids or powders; fire
extinguishers, whether or
not charged; spray guns
and similar appliances;
steam or sand blasting
machines and similar jet
projecting machines
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.25 Pulley tackle and hoists
other than skip hoists;
winches and capstans;
jacks
Production in
which the value of
extra-regional
materials useddoes
not exceed50 per
cent of the export
price of the finished
product
Production in which
the value of extra-
regional materials
useddoes not exceed
60 per cent of the
export price of the
finishedproduct
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Caribbean Community Chap. 81:11 217
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.26 Ships’ derricks; cranes,
including cable cranes;
mobile lifting frames,
straddle carriers and works
trucks fitted with a crane
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.27 Fork-lift trucks; other
works trucks fitted with
lifting or handling
equipment
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.28 Other lifting, handling,
loading or unloading
machinery (for example,
lifts, escalators,
conveyors, teleferics)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.29 Self-propelled bulldozers,
angledozers, graders,
levellers, scrapers,
mechanical shovels,
excavators, shovel
loaders, tamping
machines and road rollers
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.30 Other moving grading,
levelling, scraping,
excavating, tamping,
compacting, extracting or
boring machinery, for
earth, minerals or ores;
pile-drivers and pile-
extractors; snow-ploughs
and snow-blowers
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.31 Parts suitable for use
solely or principally with
the machinery of
Headings Nos. 84.25 to
84.30
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.32 Agricultural, horticultural
or forestry machinery for
soil preparation or
cultivation; lawn or
sports-ground rollers
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.33 Harvesting or threshing
machinery, including
straw or fodder balers;
grass or hay mowers;
machines for cleaning,
sorting or grading eggs,
fruit or other agricultural
produce, other than
machinery of Heading
No. 84.37
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.34 Milking machines and
dairy machinery
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.35 Presses, crushers and
similar machinery used in
the manufacture of wine,
cider, fruit juices or
similar beverages
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.36 Other agricultural,
horticultural, forestry,
poultry-keeping or bee-
keeping machinery,
including germination
plant fitted with
mechanical or thermal
equipment; poultry
incubators and brooders
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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220 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.37 Machines for cleaning,
sorting or grading seed,
grain or dried leguminous
vegetables; machinery
used in the milling
industry or for the
working of cereals or
dried leguminous
vegetables, other than
farm-type machinery
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.38 Machinery, not specified
or included elsewhere in
this Chapter, for the
industrial preparation or
manufacture of food or
drink, other than
machinery for the
extraction or preparation
of animal or fixed
vegetable fats or oils
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.39 Machinery for making
pulp of fibrous cellulosic
material or for making or
finishing paper or
paperboard
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.40 Book-binding machinery,
including book-sewing
machines
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.41 Other machinery for
making up paper pulp,
paper or paperboard,
including cutting
machines of all kinds
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.42 Machinery, apparatus and
equipment (other than the
machine tools of Heading
Nos. 84.56 to 84.65), for
type-founding or type-
setting, for preparing or
making printing blocks,
plates, cylinders or other
printing components;
printing type, blocks,
plates, cylinders and other
printing components;
blocks, plates, cylinders
and lithographic stones,
prepared for printing
purposes (for example,
planed, grained or
polished)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.43 Printing machinery,
including ink-jet printing
machines, other than
those of Heading No.
84.71; machines for uses
ancillary to printing
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.44 Machines for
extinguishing, drawing,
texturing or cutting man-
made textile materials
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.45 Machines for preparing
textile fibres; spinning,
doubling or twisting,
machines and other
machinery for producing
textile yarns; textile
reeling or winding
(including weft-winding)
machines and machines
for preparing textile yarns
for use on the machines
of heading No.84.46 or
84.47
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.46 Weaving machines
(looms)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.47 Knitting machines,
stitch-bonding machines
and machines for making
gimped yarn, tulle, lace,
embroidery, trimmings,
braid or net and machines
for tufting
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.48 Auxiliary machinery for
use with machines of
Heading No. 84.44,
84.45, 84.46 or 84.47
(for example, dobbies,
Jacquards, automatic stop
motions, shuttle
changing mechanisms);
parts and accessories
suitable for use solely or
principally with the
machines of this heading
or Heading No. 84.44,
84.45, 84.46 or 84.47
(for example, spindles
and spindle flyers, card
clothing, combs,
extruding nipples,
shuttles, healds and heald-
frames, hosiery needles)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.49 Machinery for the
manufacture or finishing
of felt or non-wovens in
the piece or in shapes,
including machinery for
making felt hats; blocks
for making hats
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.50 Household or laundry-
type washing machines,
including machines
which both wash and dry
Production in
which the value
of extra-
regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.51 Machinery (other than
machines of Heading No.
84.50) for washing,
cleaning, wringing,
drying, ironing, pressing
(including fusing
presses), bleaching,
dyeing, dressing,
finishing, coating or
impregnating textile
yarns, fabrics or made up
textile articles and
machines for applying
the paste to the base
fabric or other support
used in the manufacture
of floor coverings such
as linoleum; machines
for reeling, unreeling,
folding, cutting or
pinking textile fabrics
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.52 Sewing machines, other
than book-sewing
machines of Heading
No.84.40; furniture,
bases and covers specially
designed for sewing
machines; sewing
machine needles
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.53 Machinery for preparing,
tanning or working hides,
skins or leather or for
making or repairing
footwear or other articles
of hides, skins or leather,
other than sewing
machines
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.54 Converters, ladles, ingot
moulds and casting
machines, of a kind used
in metallurgy or in metal
foundries
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.55 Metal-rolling mills and
rolls therefor
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.56 Machine-tools for
working any material by
removal of material, by
laser or other light or
photon beam, ultra-sonic,
electro-discharge, electro-
chemical, electron beam,
ionic-beam or plasma arc
processes
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.57 Machining centres, unit
construction machines
(single station) and
multi-station transfer
machines, for working
metal
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.58 Lathes (including turning
centres) for removing
metal
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.59 Machine-tools (including
way-type unit head
machines) for drilling,
boring, milling,
threading or tapping by
removing metal, other
than lathes (including
turning centres) of
Heading No 84.58
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.60 Machine tools for
deburring, sharpening,
grinding, honing,
lapping, polishing or
otherwise finishing
metal, or cermets by
means of grinding stones,
abrasives or polishing
products other than gear
cutting, gear grinding or
gear finishing machines
of Heading No. 84.61
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.61 Machine-tools for
planing, shaping,
slotting, broaching, gear
cutting, gear grinding or
gear finishing, sawing,
cutting-off and other
machine-tools working
by removing metal or
cermets, not elsewhere
specified or included
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.62 Machine-tools (including
presses) for working
metal by forging,
hammering or die-
stamping; machine-tools
(including presses) for
working metal by
bending, folding,
straightening, flattening,
shearing, punching or
notching; presses for
working metal or metal
carbides, not specified
above
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.63 Other machine-tools for
working metal or
cermets, without
removing material
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.64 Machine-tools for
working stone, ceramics,
concrete, asbestos-cement
or like mineral materials
or for cold working glass
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.65 Machine-tools (including
machines for nailing,
stapling, glueing or
otherwise assembling) for
working wood, cork,
bone, hard rubber, hard
plastics or similar hard
materials
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.66 Parts and accessories
suitable for use solely or
principally with the
machines of Headings
Nos. 84.56 to 84.65,
including work or tool
holders, self-opening
dieheads, dividing heads
and other special
attachments for machine-
tools; tool holders for
any type of tool for
working in the hand
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.67 Tools for working in the
hand, pneumatic,
hydraulic or with self-
contained non-electric
motor
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.68 Machinery and apparatus
for soldering, brazing or
welding, whether or not
capable of cutting, other
than those of Heading
No. 85.15; gas-operated
surface tempering
machines and appliances
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.69 Typewriters other than
printers of heading No.
84.71; and word
processing machines
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.70 Calculating machines and
pocket-size data recording,
reproducing and displaying
machines with calculating
functions; accounting
machines, postage-franking
machines, ticket-issuing
machines and similar
machines, incorporating a
calculating device; cash
registers
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 84.71 Digital automatic data
processing machines,
comprising in the same
housing at least a central
processing unit and an
input and output unit,
whether or not combined
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
65 per cent of
the export price
of the finished
product
Ex 84.71 Automatic data processing
machines and units thereof;
magnetic or optical readers,
machines for transcribing
data onto data media in
coded form and machines
for processing such data,
not elsewhere specified or
included (excluding digital
automatic data processing
machines, comprising in
the same housing at least a
central processing unit and
an input and output unit,
whether or not combined)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
84.72 Other office machines (for
example, hectograph or
stencil duplicating
machines, addressing
machines, automatic bank-
note dispensers, coin-
sorting machines, coin-
counting or wrapping
machines, pencil-
sharpening machines,
perforating or stapling
machines)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.73 Parts and accessories
(other than covers,
carrying cases and the
like) suitable for use
solely or principally with
machines of heading Nos.
84.69 to 84.72
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.74 Machinery for sorting,
screening, separating,
washing, crushing,
grinding, mixing or
kneading earth, stone,
ores or other mineral
substances, in solid
(including powder or
paste) form; machinery
for agglomerating;
shaping or moulding
solid mineral fuels,
ceramic paste, unhardened
cements, plastering
materials or other mineral
products in powder or
paste form; machines for
forming foundry moulds
of sand
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.75 Machines for assembling
electric or electronic
lamps, tubes or valves or
flashbulbs, in glass
envelopes; machines for
manufacturing or hot
working glass or
glassware
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.76 Automatic goods-vending
machines (for example,
postage stamp, cigarette,
food or beverage
machines), including
money-changing
machines
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.77 Machinery for working
rubber or plastics or for
the manufacture of
products from these
materials, not specified or
included elsewhere in this
Chapter
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.78 Machinery for preparing
or making up tobacco,
not specified or included
elsewhere in this Chapter
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.79 Machines and mechanical
appliances having
individual functions, not
specified or included
elsewhere in this Chapter
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 84.80 Moulding boxes for
metal foundry; mould
bases; moulding patterns;
moulds for metal (other
than ingot moulds),
metal carbides, glass,
mineral materials or
rubber
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.81 Taps, cocks, valves and
similar appliances for
pipes, boiler shells,
tanks, vats or the like,
including pressure-
reducing valves and
thermostatically
controlled valves
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.82 Ball or roller bearings Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.83 Transmission shafts
(including cam shafts and
crank shafts) and cranks;
bearing housings and
plain shaft bearings; gears
and gearing; ball or roller
screws; gear boxes and
other speed changers,
including torque
converters; flywheels and
pulleys, including pulley
blocks; clutches and shaft
couplings (including
universal joints)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
84.84 Gaskets and similar
joints of metal sheeting
combined with other
material or of two or
more layers of metal;
sets or assortments of
gaskets and similar
joints, dissimilar in
composition, put up in
pouches, envelopes or
similar packings;
mechanical seals
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
84.85 Machinery parts, not
containing electrical
connectors, insulators,
coils, contacts or other
electrical features, not
specified or included
elsewhere in this Chapter
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.01 Electric motors and
generators (excluding
generating sets)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.02 Electric generating sets
and rotary converters
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
85.03 Parts suitable for use
solely or principally with
the machines of Heading
No. 85.01 or 85.02
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.04 Electrical transformers,
static converters (for
example, rectifiers) and
inductors
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.05 Electro-magnets;
permanent magnets and
articles intended to
become permanent
magnets after
magnetisation; electro-
magnetic or permanent
magnet chucks, clamps
and similar holding
devices; electro-magnetic
couplings, clutches and
brakes; electro-magnetic
lifting heads
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.06 Primary cells and primary
batteries
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
85.07 Electric accumulators,
including separators
therefor, whether or not
rectangular (including
square)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.08 Electro-mechanical tools
for working in the hand,
with self-contained
electric motor
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.09 Electro-mechanical
domestic appliances, with
self-contained electric
motor
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
85.10 Shaver, hair clippers and
hair-removing appliances,
with self-contained
electric motor
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.11 Electrical ignition or
starting equipment of a
kind used for spark-ignition
or compression-ignition
internal combustion
engines (for example,
ignition magnetos,
magneto-dynamos, ignition
coils, sparking plugs and
glow plugs, starter
motors); generators (for
examples, dynamos,
alternators) and cut-outs of
a kind used in conjunction
with such engines
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.12 Electrical lighting or
signalling equipment
(excluding articles of
Heading No. 85.39),
windscreen wipers,
defrosters and demisters,
of a kind used for cycles
or motor vehicles
Production in
which the value
of extra-
regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra- regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.13 Portable electric lamps
designed to function by
their own source of
energy (for example, dry
batteries, accumulators,
magnetos), other than
lighting equipment of
Heading No. 85.12
Production in
which the value
of extra-
regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra- regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
85.14 Industrial or laboratory
electric (including induction
or dielectric) furnaces and
ovens; other industrial or
laboratory induction or
dielectric heating equipment
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-
regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
85.15 Electric (including electrically
heated gas), laser or other
light or photon beam, ultra-
sonic, electron beam,
magnetic pulse or plasma arc
soldering, brazing or welding
machines and apparatus,
whether or not capable of
cutting; electric machines and
apparatus for hot spraying of
metals or cermets
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-
regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 85.16 Immersion heaters; electric
space heating apparatus and
soil heating apparatus;
electro-thermic hair-dressing
apparatus (for example, hair
dryers, hair curlers, curling
tong heaters) and hand
dryers; electric smoothing
irons; other electro-thermic
appliances of a kind used for
domestic purposes; electric
heating resistors, other than
those of Heading No. 85.45
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-
regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 85.16 Electric instantaneous or
storage water heaters
Production in
which the value
of extra-
regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Production in
which the value
of extra-
regional
materials used
does not exceed
65 per cent of
the export price
of the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
85.17 Electrical apparatus for
line telephony or line
telegraphy, including line
telephone sets with
cordless handsets and
telecommunication
apparatus for carrier-
current line systems or
for digital line systems;
videophones
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
85.18 Microphones and stands
therefor; loudspeakers,
whether or not mounted
in their enclosures;
headphones, earphones
and combined
microphones/speaker
sets; audio-frequency
electric amplifiers;
electric sound amplifier
sets
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
85.19 Turntables (record-decks),
record-players, cassette-
players and other sound
reproducing apparatus,
not incorporating a sound
recording device
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Ex 85.20 Other magnetic tape
recorders and other sound
recording apparatus,
whether or not
incorporating a sound
reproducing device
(excluding cassette-type
magnetic tape recorders)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 85.20 Cassette-type magnetic
tape recorders, whether or
not incorporating a sound
reproducing device
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
65 per cent of the
export price of
the finished
product
85.21 Video recording or
reproducing apparatus,
whether or not
incorporating a video
tuner
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.22 Parts and accessories
suitable for use solely or
principally with the
apparatus of Headings
Nos. 85.19 to 85.21
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.23 Prepared unrecorded media
for sound recording or
similar recording of other
phenomena, other than
products of Chapter 37
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 85.24 Recorded media for sound
or other similarly
recorded phenomena,
including matrices and
masters for the
production of records, but
excluding products of
Chapter 37 (excluding
records and tapes)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.25 Transmission apparatus
for radio-telephony, radio-
telegraphy, radio-
broadcasting or
television, whether or not
incorporating reception
apparatus or sound
recording or reproducing
apparatus; television
cameras; still image
video cameras and other
video camera recorders
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.26 Radar apparatus, radio
navigational aid apparatus
and radio remote control
apparatus
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 85.27 Other reception apparatus
for radio-telephony or
radio-telegraphy, whether
or not combined, in the
same housing, with
sound recording or
reproducing apparatus or
a clock (excluding radio-
broadcast receivers, car
stereos and music centres)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Caribbean Community Chap. 81:11 241
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 85.27 Radio-broadcast receivers,
car stereos and music
centres
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
65 per cent of the
export price of
the finished
product
Ex 85.28 Video monitors and video
projectors; reception
apparatus for television,
incorporating sound or
video recording or
reproducing apparatus
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 85.28 Reception apparatus for
television (excluding
video monitors and video
projectors), whether or
not incorporating radio-
broadcast receivers
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
65 per cent of the
export price of
the finished
product
85.29 Parts suitable for use
solely or principally with
the apparatus of Headings
Nos. 85.25 to 85.28
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
85.30 Electrical signalling,
safety or traffic control
equipment for railways,
tramways, roads, inland
waterways, parking
facilities, port
installations or airfields
(other than those of
Heading No. 86.08)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.31 Electric sound or visual
signalling apparatus (for
example, bells, sirens,
indicator panels, burglar
or fire alarms), other than
those of Heading No.
85.12 or 85.30
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.32 Electrical capacitors,
fixed, variable or
adjustable (pre-set)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.33 Electrical resistors
(including rheostats and
potentiometers), other
than heating resistors
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Caribbean Community Chap. 81:11 243
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
85.34 Printed circuits Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.35 Electrical apparatus for
switching or protecting
electrical circuits, or for
making connections to or
in electrical circuits, (for
example, switches, fuses,
lightning arrestors,
voltage limiters, surge
suppressors, plugs,
junction boxes), for a
voltage exceeding 1,000
volts
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.36 Electrical apparatus for
switching or protecting
electrical circuits, or for
making connections to or
in electrical circuits, (for
example, switches,
relays, fuses, surge
suppressors, plugs,
sockets, lamp holders,
junction boxes), for a
voltage not exceeding
1,000 volts
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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244 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 85.37 Other boards, panels
consoles, desks, cabinets
and other bases, equipped
with two or more
apparatus of Heading No.
85.35 or 85.36, for electric
control or the distribution
of electricity including
those incorporating
instruments or apparatus of
Chapter 90, and numerical
control apparatus, other
than switching apparatus
of Heading No. 85.17
(excluding load centres,
panel boards, meter
sockets, meter control
centres, switchboards, unit
substations, and protective
devices)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 85.37 Load centres, panel
boards, meter sockets,
meter control centres,
switchboards, unit
substations and protective
devices
Production in
which the value
of extra-regional
materials used
does not exceed
55 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
65 per cent of the
export price of
the finished
product
85.38 Parts suitable for use
solely or principally with
the apparatus of heading
No. 85.35, 85.36 or
85.37
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 85.39 Incandescent light bulbs Produced from
regional
materials of
85.39
Produced from
regional materials
of 85.39
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
85.40 Thermionic, cold cathode
or photo-cathode valves
and tubes (for example,
vacuum or vapour or gas
filled valves and tubes,
mercury arc rectifying
valves and tubes, cathode-
ray tubes, television
camera tubes)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.41 Diodes, transistors and
similar semiconductor
devices; photosensitive
semiconductor devices,
including photo-voltaic
cells whether or not
assembled in modules or
made up into panels;
light emitting diodes;
mounted piezo-electric
crystals
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.42 Electronic integrated
circuits and
microassemblies
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.43 Electrical machines and
apparatus, having
individual functions, not
specified or included
elsewhere in this Chapter
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 85.44 Cable (including co-axial
cable) and other insulated
electric conductors,
whether or not fitted with
connectors; optical fibre
cables, made up of
individually sheathed
fibres, whether or not
assembled with electric
conductors or fitted with
connectors
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.45 Carbon electrodes, carbon
brushes, lamp carbons,
battery carbons and other
articles of graphite or
other carbon, with or
without metal, of a kind
used for electrical
purposes
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
85.46 Electrical insulators of
any material
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
85.47 Insulating fittings for
electrical machines,
appliances or equipment,
being fittings wholly of
insulating material apart
from any minor
components of metal (for
example, threaded
sockets) incorporated
during moulding solely
for purposes of assembly,
other than insulators of
Heading No. 85.46;
electrical conduit tubing
and joints therefor, of
base metal lined with
insulating material
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 85.48 Electrical parts of
machinery or apparatus,
not specified or included
elsewhere in this Chapter
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
86.01 Rail locomotives
powered from an external
source of electricity or by
electric accumulators
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
86.02 Other rail locomotives;
locomotive tenders
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
86.03 Self-propelled railway or
tramway coaches, vans
and trucks, other than
those of Heading No.
86.04
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
86.04 Railway or tramway
maintenance or service
vehicles, whether or not
self-propelled (for
example, workshops,
cranes, ballast tampers,
trackliners, testing
coaches and track
inspection vehicles)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
86.05 Railway or tramway
passenger coaches, not
self-propelled; luggage
vans, post office coaches
and other special purpose
railway or tramway
coaches, not self-
propelled (excluding
those of Heading No.
86.04)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
86.06 Railway or tramway
goods vans and wagons,
not self-propelled
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
86.07 Parts of railway or
tramway locomotives or
rolling-stock
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
86.08 Railway or tramway track
fixtures and fittings;
mechanical (including
electro-mechanical)
signalling, safety or
traffic control equipment
for railways, tramways,
roads, inland water-ways,
parking facilities, port
installations or airfields;
parts of the foregoing
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
86.09 Containers (including
containers for the
transport of fluids)
specially designed and
equipped for carriage by
one or more modes of
transport
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
87.01 Tractors (other than
tractors of Heading No.
87.09)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
87.02 Motor vehicles for the
transport of ten or more
persons, including the
driver
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 87.03 Other motor vehicles
principally designed for
transport of persons
(other than those of
Heading No. 87.02),
including racing cars
(excluding motor cars,
station wagons and four-
wheel drive vehicles)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 87.03 Motor cars, station
wagons and four-wheel
drive vehicles
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
70 per cent of the
export price of
the finished
product
Ex 87.04 Motor vehicles for the
transport of goods
(excluding lorries and
trucks)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 87.04 Lorries and trucks Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
70 per cent of the
export price of
the finished
product
87.05 Special purpose motor
vehicles, other than those
principally designed for
the transport of persons
or goods (for example,
breakdown lorries, crane
lorries, fire fighting
vehicles, concrete-mixer
lorries, road sweeper
lorries, spraying lorries,
mobile workshops,
mobile radiological units)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
87.06 Chassis fitted with
engines, for the motor
vehicles of Headings
Nos. 87.01 to 87.05
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
87.07 Bodies (including cabs),
for the motor vehicles of
Headings Nos. 87.01 to
87.05
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
87.08 Parts and accessories of
the motor vehicles of
Headings Nos. 87.01 to
87.05
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
87.09 Works trucks, self-
propelled, not fitted with
lifting or handling
equipment, of the type
used in factories,
warehouses, dock areas or
airports for short distance
transport of goods;
tractors of the type used
on railway station
platforms; parts of the
foregoing vehicles
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
87.10 Tanks and other armoured
fighting vehicles,
motorised, whether or not
fitted with weapons, and
parts of such vehicles
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
87.11 Motorcycles (including
mopeds) and cycles fitted
with an auxiliary motor,
with or without side-cars;
side-cars
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
87.12 Bicycles and other cycles
(including delivery
tricycles), not motorised
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
87.13 Invalid carriages, whether
or not motorised or
otherwise mechanically
propelled
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
87.14 Parts and accessories of
vehicles of Headings
Nos. 87.11 to 87.13
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
87.15 Baby carriages and parts
thereof
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
87.16 Trailers and semi-trailers;
other vehicles, not
mechanically propelled;
parts thereof
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
88.01 Balloons and dirigibles;
gliders, hang gliders and
other non-powered aircraft
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
88.02 Other aircraft (for
example, helicopters,
aeroplanes); spacecraft
(including satellite) and
suborbital and spacecraft
launch vehicles
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
88.03 Parts of goods of
Heading No. 88.01 or
88.02
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
88.04 Parachutes (including
dirigible parachutes and
paragliders) and
rotochutes; parts thereof
and accessories thereto
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
88.05 Aircraft launching gear;
deck-arrestor or similar
gear; ground flying
trainers; parts of the
foregoing articles
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
89.01 Cruise ships, excursion
boats, ferry-boats, cargo
ships, barges and similar
vessels for the transport
of persons or goods
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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256 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
89.02 Fishing vessels; factory
ships and other vessels
for processing or
preserving fishery
products
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
89.03 Yachts and other vessels
for pleasure or sports;
rowing boats and canoes
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
89.04 Tugs and pusher craft Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
89.05 Light-vessels, fire-floats,
dredgers, floating cranes,
and other vessels the
navigability of which is
subsidiary to their main
function; floating docks;
floating or submersible
drilling or production
platforms
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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Caribbean Community Chap. 81:11 257
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
89.06 Other vessels, including
warships and lifeboats
other than rowing boats
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
89.07 Other floating structures
(for example, rafts, tanks,
cofferdams, landing-
stages, buoys and
beacons)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
89.08 Vessels and other floating
structures for breaking up
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.01 Optical fibres and optical
fibre bundles; optical
fibre cables other than
those of Heading No.
85.44; sheets and plates
of polarising material;
lenses (including contact
lenses), prisms, mirrors
and other optical
elements, of any
material, unmounted,
other than such elements
of glass not optically
worked
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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258 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
90.02 Lenses, prisms, mirrors
and other optical
elements, of any
material, mounted, being
parts or of fittings for
instruments or apparatus,
other than such elements
of glass not optically
worked
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.03 Frames and mountings
for spectacles, goggles or
the like, and parts thereof
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.04 Spectacles, goggles and
the like, corrective,
protective or other
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.05 Binoculars, monoculars,
other optical telescopes,
and mountings therefor;
other astronomical
instruments and
mountings therefore, but
not including instruments
for radio astronomy
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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Caribbean Community Chap. 81:11 259
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
90.06 Photographic (other than
cinematographic)
cameras; photographic
flashlight apparatus and
flashbulbs other than
discharge lamps of
Heading No. 85.39
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.07 Cinematographic cameras
and projectors, whether or
not incorporating sound
recording or reproducing
apparatus
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.08 Image projectors, other
than cinematographic;
photographic (other than
cinematographic)
enlargers and reducers
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.09 Photo-copying apparatus
incorporating an optical
system or of the contact
type and thermo-copying
apparatus
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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260 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
90.10 Apparatus and equipment
for photographic
(including
cinematographic)
laboratories (including
apparatus for the
projection or drawing of
circuit patterns on
sensitised semiconductor
materials), not specified or
included elsewhere in this
Chapter; negatoscopes;
projection screens
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.11 Compound optical
microscopes, including
those for
photomicrography,
cinephotomicrography or
microprojection
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.12 Microscopes other than
optical microscopes;
diffraction apparatus
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.13 Liquid crystal devices not
constituting articles
provided for more
specifically in other
headings; lasers, other
than laser diodes; other
optical appliances and
instruments, not specified
or included elsewhere in
this Chapter
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
90.14 Direction finding
compasses; other
navigational instruments
and appliances
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.15 Surveying (including
photo-grammetrical
surveying), hydrographic,
oceanographic,
hydrological,
meteorological or
geophysical instruments
and appliances, excluding
compasses; rangefinders
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.16 Balances of a sensitivity
of 5cg or better, with or
without weights
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.17 Drawing, marking-out or
mathematical calculating
instruments (for example,
drafting machines,
pantographs, protractors,
drawing sets, slide rules,
disc calculators);
instruments for
measuring length, for use
in the hand (for example,
measuring rods and tapes,
micrometers, callipers),
not specified or included
elsewhere in this Chapter
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
90.18 Instruments and
appliances used in
medical, surgical, dental
or veterinary sciences,
including scintigraphic
apparatus, other electro-
medical apparatus and
sight-testing instruments
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.19 Mechano-therapy
appliances; massage
apparatus; psychological
aptitude-testing
apparatus; ozone therapy,
oxygen therapy, aerosol
therapy, artificial
respiration or other
therapeutic respiration
apparatus
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.20 Other breathing
appliances and gas
masks, excluding
protective masks having
neither mechanical parts
nor replaceable filters
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.21 Orthopaedic appliances,
including crutches,
surgical belts and trusses;
splints and other fracture
appliances; artificial parts
of the body; hearing aids
and other appliances
which are worn or
carried, or implanted in
the body, to compensate
for a defect or disability
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
90.22 Apparatus based on the
use of X-rays or of alpha,
beta or gamma radiations,
whether or not for
medical, surgical, dental
or veterinary uses,
including radiography or
radiotherapy apparatus,
X-ray tubes and other X-
ray generators, high
tension generators,
control panels and desks,
screens, examination or
treatment tables, chairs
and the like
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.23 Instruments, apparatus
and models, designed for
demonstrational purposes
(for example, in
education or exhibitions),
unsuitable for other uses
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.24 Machines and appliances
for testing the hardness,
strength, compressibility,
elasticity or other
mechanical properties of
materials (for example,
metals, wood, textiles,
paper plastics)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.25 Hydrometers and similar
floating instruments,
thermometers,
pyrometers, barometers,
hygrometers and
psychrometers, recording
or not, and any
combination of these
instruments
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
90.26 Instruments and apparatus for
measuring or checking the
flow, level, pressure or other
variables of liquids or gases
(for example, flow meters,
level gauges, manometers,
heat meters), excluding
instruments and apparatus of
Heading No. 90.14, 90.15,
90.28 or 90.32
Production in
which the
value of extra-
regional
materials used
does not
exceed 50 per
cent of the
export price of
the finished
product
Production in
which the
value of extra-
regional
materials used
does not exceed
60 per cent of
the export
price of the
finished
product
90.27 Instruments and apparatus for
physical or chemical analysis
(for example, polarimeters,
refractometers, spectrometers, gas
or smoke analysis apparatus),
instruments and apparatus for
measuring or checking viscosity,
porosity, expansion, surface
tension or the like; instruments
and apparatus for measuring or
checking quantities of heat,
sound or light (including
exposure meters); microtomes
Production in
which the
value of
extra-regional
materials used
does not
exceed 50 per
cent of the
export price
of the
finished
product
Production in
which the
value of extra-
regional
materials used
does not exceed
60 per cent of
the export
price of the
finished
product
90.28 Gas, liquid or electricity
supply or production meters,
including calibrating meters
therefor
Production in
which the
value of extra-
regional
materials used
does not
exceed 50 per
cent of the
export price of
the finished
product
Production in
which the
value of extra-
regional
materials used
does not exceed
60 per cent of
the export
price of the
finished
product
90.29 Revolution counters,
production counters,
taximeters, mileo-meters,
pedometers and the like; speed
indicators and tachometers,
other than those of Heading
No. 90.14 or 90.15;
stroboscopes
Production in
which the
value of extra-
regional
materials used
does not
exceed 50 per
cent of the
export price of
the finished
product
Production in
which the
value of extra-
regional
materials used
does not exceed
60 per cent of
the export
price of the
finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Caribbean Community Chap. 81:11 265
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
90.30 Oscilloscopes, spectrum
analysers and other
instruments and apparatus
for measuring or
checking electrical
quantities, excluding
meters of Heading No.
90.28; instruments and
apparatus for measuring
or detecting alpha, beta,
gamma, X-ray, cosmic or
other ionising radiations
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.31 Measuring or checking
instruments, appliances
and machines, not
specified or included
elsewhere in this
Chapter; profile
projectors
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.32 Automatic regulating or
controlling instruments
and apparatus
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
90.33 Parts and accessories (not
specified or included
elsewhere in this
Chapter) for machines,
appliances, instruments
or apparatus of Chapter
90
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
91.01 Wrist-watches, pocket-
watches and other
watches, including stop-
watches, with case of
precious metal or of
metal clad with precious
metal
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
91.02 Wrist-watches, pocket-
watches and other
watches, including stop-
watches, other than those
of Heading No. 91.01
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
91.03 Clocks with watch
movements, excluding
clocks of Heading No.
91.04
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
91.04 Instrument panel clocks
and clocks of a similar
type for vehicles, aircraft,
spacecraft or vessels
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Caribbean Community Chap. 81:11 267
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
91.05 Other clocks Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
91.06 Time of day recording
apparatus and apparatus
for measuring, recording
or otherwise indicating
intervals of time, with
clock or watch movement
or with synchronous
motor (for example,
time-registers, time
recorders
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
91.07 Time switches with clock
or watch movement or
with synchronous motor
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
91.08 Watch movements,
complete and assembled
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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268 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
91.09 Clock movements,
complete and assembled
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
91.10 Complete watch or clock
movements, unassembled
or partly assembled
(movement sets);
incomplete watch or
clock movements,
assembled; rough watch
or clock movements
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
91.11 Watch cases and parts
thereof
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
91.12 Clock cases and cases of
a similar type for other
goods of this Chapter,
and parts thereof
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Caribbean Community Chap. 81:11 269
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
91.13 Watch straps, watch
banks and watch
bracelets, and parts
thereof
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
91.14 Other clock or watch
parts
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
92.01 Pianos, including
automatic pianos;
harpsichords and other
keyboard stringed
instruments
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 92.02 Other string musical
instruments (excluding
guitars)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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270 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
92.03 Keyboard pipe organs;
harmoniums and similar
keyboard instruments
with free metal reeds
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
92.04 Accordions and similar
instruments; mouth
organs
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
92.05 Other wind musical
instruments; (for
example, clarinets,
trumpets, bagpipes)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 92.06 Percussion musical
instruments (for example,
drums, xylophones,
cymbals, castanets,
maracas) (excluding
steelband instruments)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Caribbean Community Chap. 81:11 271
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
92.07 Musical instruments, the
sound of which is
produced, or must be
amplified, electrically (for
example, organs, guitars,
accordions)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
92.08 Musical boxes,
fairground organs,
mechanical street organs,
mechanical singing birds,
musical saws and other
musical instruments not
falling within any other
heading of this Chapter;
decoy calls of all kinds;
whistles, call horns and
other mouth-blown sound
signalling instruments
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
92.09 Parts (for example,
mechanisms for musical
boxes) and accessories
(for example, cards, discs
and rolls for mechanical
instruments) of musical
instruments;
metronomes, tuning
forks and pitch pipes of
all kinds
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
93.01 Military weapons, other
than revolvers, pistols
and arms of Heading
No. 93.07
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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272 Chap. 81:11 Caribbean Community
LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
93.02 Revolvers and pistols,
other than those of
Heading No. 93.03 or
93.04
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
93.03 Other firearms and similar
devices which operate by
the firing of an explosive
charge (for example,
sporting shotguns and
rifles, muzzle-loading
firearms, Very pistols and
other devices designed to
project only signal flares,
pistols and revolvers for
firing blank ammunition,
captive-bolt humane
killers, line-throwing guns
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
93.04 Other arms (for example,
spring, air or gas guns
and pistols, truncheons),
excluding those of
Heading No. 93.07
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
93.05 Parts and accessories of
articles of Headings Nos.
93.01 to 93.04
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 273
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
93.06 Bombs, grenades,
torpedoes, mines,
missiles, and similar
munitions of war and
parts thereof; cartridges
and other ammunition
and projectiles and parts
thereof, including shot
and cartridge wads
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
93.07 Swords, cutlasses,
bayonets, lances and
similar arms and parts
thereof and scabbards and
sheaths therefor
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 94.01 Office chairs with tilting
mechanisms and /or
metal support bases
Produced from
tilting
mechanisms
and/or metal
support bases of
94.01 or from
materials not
included in
94.01
Produced from
tilting
mechanisms
and/or metal
support bases of
94.01 or from
materials not
included in 94.01
Ex 94.01 Other metal chairs of a
kind used in offices
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
94.02 Medical, surgical, dental or
veterinary furniture (for
example, operating tables,
examination tables,
hospital beds with
mechanical fittings,
dentists’ chairs); barbers’
chairs and similar chairs,
having rotating as well as
both reclining and elevating
movements; parts of the
foregoing articles
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 94.03 Other metal furniture of a
kind used in offices
Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of the
export price of
the finished
product
Ex 94.04 Articles of bedding and
similar furnishing
(excluding mattresses,
cushions, pouffes and
pillows; mattress
supports)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 94.06 Prefabricated buildings,
of wood
Produced from
regional
materials of
Chapter 44
Produced from
regional materials
of Chapter 44
95.01 Wheeled toys designed to
be ridden by children (for
example, tricycles,
scooters, pedal cars);
dolls’ carriages
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Caribbean Community Chap. 81:11 275
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 95.04 Articles for funfair, table
or parlour games,
including pin-tables,
billiards, special tables
for casino games and
automatic bowling alley
equipment (excluding
draught and chess boards)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 95.05 Festive or other
entertainment articles,
including conjuring tricks
and novelty jokes
(excluding carnival
articles)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 95.06 Articles and equipment
for gymnastics, athletics,
other sports (including
table-tennis) or outdoor
games, not specified or
included elsewhere in this
Chapter; swimming
pools and paddling pools
(excluding table-tennis
boards)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
95.07 Fishing rods, fish-hooks
and other line fishing
tackle; fish landing nets,
butterfly nets and similar
nets; decoy “birds” (other
than those of Heading
No. 92.08 or 97.05) and
similar hunting or
shooting requisites
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 95.08 Shooting galleries and
other fairground
amusements (excluding
roundabouts and swings);
travelling circuses,
travelling menageries and
travelling theatres
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 96.01 Worked ivory, bone,
tortoise-shell, horn,
antlers, coral, mother-of-
pearl and other animal
carving material
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 96.02 Worked vegetable or
mineral carving material;
worked, unhardened
gelatin (except gelatin of
Heading No. 35.03)
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Caribbean Community Chap. 81:11 277
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 96.03 Brooms, mops and paint
rollers, with handles of
wood
Produced from
materials not
included in
96.03 and from
regional handles
of Chapter 44
Produced from
materials not
included in 96.03
and from regional
handles of
Chapter 44
96.04 Hand sieves and hand
riddles
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
96.05 Travel sets for personal
toilet, sewing or shoe or
clothes cleaning
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 96.06 Press-fasteners, snap-
fasteners and press-studs,
button moulds and other
parts of these articles;
button blanks
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
Ex 96.07 Parts of slide fasteners Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 96.07 Slide fasteners Production in
which the value
of extra-regional
materials used
does not exceed
40 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of the
export price of
the finished
product
96.08 Ball point pens; felt
tipped and other porous-
tipped pens and markers;
fountain pens, stylograph
pens and other pens;
duplicating stylos;
propelling or sliding
pencils; pen-holders,
pencil-holder and similar
holders; parts (including
caps and clips) of the
foregoing articles, other
than those of Heading
No. 96.09
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 96.09 Pencil leads, pastels,
drawing charcoals and
tailors’ chalks
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
96.10 Slates and boards, with
writing or drawing
surfaces, whether or not
framed
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
Ex 96.11 Embossing stamps,
designed for operating in
the hand; hand-operated
composing sticks and
hand printing sets
incorporating such
composing sticks
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
96.12 Typewriter or similar
ribbons, inked or
otherwise prepared for
giving impressions,
whether or not on spools
or in cartridges; ink-pads,
whether or not inked,
with or without boxes
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
96.13 Cigarette lighters and
other lighters, whether or
not mechanical or
electrical, and parts
thereof other than flints
and wicks
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of
the export price
of the finished
product
Production in
which the value
of extra-regional
materials used
does not exceed
60 per cent of the
export price of
the finished
product
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(A) THE LIST–Continued
TARIFF
HEADING
NUMBER
PRODUCT
CONDITIONS TO BE
COMPLIED WITH
MDCs LDCs
96.14 Smoking pipes
(including pipe bowls)
and cigar and cigarette
holders, and parts thereof
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of the
export price of the
finished product
Production in
which the value of
extra-regional
materials used does
not exceed 60 per
cent of the export
price of the
finished product
96.15 Combs, hair-slides and
the like; hairpins, curling
pins, curling grips, hair-
curlers and the like, other
than those of Heading
No. 85.16, and parts
thereof
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of the
export price of the
finished product
Production in
which the value of
extra-regional
materials used does
not exceed 60 per
cent of the export
price of the
finished product
96.16 Scent sprays and similar
toilet sprays, and mounts
and heads therefor;
powder-puffs and pads for
the application of
cosmetics or toilet
preparations
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of the
export price of the
finished product
Production in
which the value of
extra-regional
materials used does
not exceed 60 per
cent of the export
price of the
finished product
96.17 Vacuum flasks and other
vacuum vessels,
complete with cases;
parts thereof other than
glass inners
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of the
export price of the
finished product
Production in
which the value of
extra-regional
materials used does
not exceed 60 per
cent of the export
price of the
finished product
96.18 Tailors’ dummies and
other lay figures;
automata and other
animated displays used
for shop window dressing
Production in
which the value
of extra-regional
materials used
does not exceed
50 per cent of the
export price of the
finished product
Production in
which the value of
extra-regional
materials used does
not exceed 60 per
cent of the export
price of the
finished product
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(B) RULES REGARDING COMMUNITY ORIGIN
For the purpose of determining the origin of goods under Article 84 of
the Treaty and for the application of that Article and the List, the following
Rules shall be applied:
RULE 1—INTERPRETATIVE PROVISIONS
1. In determining the place of production of marine products and goods
produced therefrom, a vessel of a Member State shall be regarded as part of that
State. In determining the place from which goods have been consigned, marine
products taken from the sea or goods produced therefrom at sea shall be
regarded as having been consigned from a Member State if they were taken by
or produced in a vessel of a Member State and have been brought direct to the
Community.
2. For the purpose of these Rules a vessel shall be treated as a vessel of
a Member State only if—
(a) it is registered in a Member State;
(b) it carries a complement (inclusive of the Master thereof) of
which not less than three-fourths are nationals of Member
States; and
(c) it is majority owned and operated by—
(i) nationals of Member States; or
(ii) a Government of a Member State; or
(iii) a statutory Corporation of a Member State.
In this paragraph nationals of Member States shall have the same
meaning as in paragraph 5 of Article 32 of this Treaty.
3. “Materials” includes raw materials, intermediate products, parts and
components used in the process of production, repair, renovation or
improvement of the goods.
4. Energy, fuel, plant, machinery and tools used in the production,
repair, renovation or improvement of goods within the Community and
materials used in the maintenance of such plant, machinery and tools, shall be
regarded as wholly produced within the Community when determining the
origin of these goods.
5. Goods other than those to which paragraph 1 of Rule 2 of these
Rules applies shall not be treated as being of Community origin if they are
produced by any operation or process which consists only of one or more of
the following, whether or not there is a change of tariff heading—
(a) operations to ensure the preservation of goods during
transport and storage (ventilation, spreading out, drying,
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chilling, placing in salt, sulphur dioxide or other aqueous
solution, removal of damaged parts, and like operations);
(b) simple operations consisting of removal of dust, sifting or
screening, sorting, grading, classifying, matching (including
the making up of sets of articles), washing, painting and
cutting up resulting in the mere reduction in size;
(c) (i) changes of packing;
(ii) simple placing in bottles, flasks, bags, cases, boxes,
fixing on cards or boards and other simple packing
operations;
(d) affixing marks, labels or other like distinguishing
signs on goods or their packaging;
(e) simple mixing of materials imported from outside the
Community or of undetermined origin if the characteristics
of the goods as a whole are not essentially different from the
characteristics of the materials which have been mixed;
(f) operations which consist solely of welding, soldering,
fastening, riveting, bolting and like operations, or otherwise
putting together of all finished parts or components to
constitute a finished product.
6. “Chapter” and “tariff heading” in article 84 or in this Schedule shall
mean the Chapters and headings of the Harmonised Commodity Description
and Coding System.
7. For the purpose of subparagraph (f) of paragraph 5, the expression
“finished parts or components” refers to those articles which are imported into
the Community in a form or condition which does not require any further
fabrication, change in shape or form, resulting in a change in identity or use
or the application of permanent protective/decorative coating for the purposes
of incorporation in the finished product.
8. Paragraphs 5(f) and 7 in this Rule shall take effect one year after
the entry into force of the amendment of this Schedule, pursuant to the
decision of the Council at its Special Meeting in July 1990.
RULE 2—GOODS WHOLLY PRODUCED WITHIN THE COMMUNITY
1. The expression “wholly produced” when used with reference to
goods means:
(a) mineral products extracted from the ground within the
Community;
(b) vegetable products harvested within the Community;
(c) live animals born and raised within the Community;
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(d) products obtained within the Community from live animals;
(e) products obtained by hunting or fishing conducted within the
Community;
(f) marine products taken from the sea by a vessel of a Member
State;
(g) goods produced within the Community exclusively from one
or both of the following:
(i) goods referred to in subparagraphs (a) to (f) and (h) and
(i) of this paragraph;
(ii) goods containing no materials imported from outside
the Community or of undetermined origin, or
containing those materials but which would not be
regarded as such under paragraph 1 of Rule 3,
and shall be taken to include—
(h) used articles fit only for the recovery of materials provided
that they have been collected from users within the
Community;
(i) scrap and waste resulting from manufacturing operations
within the Community.
2. Wherever in paragraph 1 of Article 84 of this Treaty goods are
required to be wholly produced, the use of small quantities of preservatives,
vitamins, colouring and similar materials imported from outside the
Community or of undetermined origin shall not affect their eligibility for
Community treatment as wholly produced.
RULE 3—APPLICATION OF THE CRITERION OF SUBSTANTIAL
TRANSFORMATION
1. Where materials containing any element imported from outside the
Community meet the conditions specified in Article 84, those materials shall
be regarded as containing no such element.
2. For the purpose of Article 84—
(a) the value of any materials imported from outside the
Community shall be the customs value determined for them
by the Customs Authority in the Member State where they
were used in a process of production, less the amount of any
transport costs incurred in transit through other Member
States;
(b) if the origin of any materials cannot be determined, such
materials shall be deemed to have been imported from outside
the Community;
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(c) the export price of the goods shall be the value accepted for
this purpose by the Customs Authority in the Member State
in which they were produced. It shall be based, mutatis
mutandis, on the provision set out in subparagraph (a), but
shall not include the amounts of transport and insurance
costs incurred after the exportation of the goods.
3. In the application of the List the conditions to be complied with
other than a percentage value-added condition applicable to any goods shall be
fulfilled in respect of the whole of the goods, excluding any packing.
4. The expressions appearing in the columns headed “conditions to be
complied with” in the List and set out below shall be applied in the following
manner:
(a) “produced from regional materials of”—the materials falling
within the tariff headings or Chapters named may be used
only if they qualify to be treated as of Community Origin
within the meaning of Article 84. This does not preclude the
use of regional materials in an earlier stage of production;
(b) “produced from materials of” and “produced from”—the
materials named or designated as the case may be must be
used in the condition in which they are described. This does
not preclude the use of the materials in an earlier stage of
production;
(c) “produced from materials not included in”— the materials
which fall in the tariff headings named may not be used if
they are imported from outside the Community or are of
undetermined origin;
(d) “extra-regional materials” shall mean materials imported
from outside the Community or of undetermined origin;
(e) “chemical transformation” shall mean the forming of the
molecule of the finished product by—
(i) the combination of two or more elements; or
(ii) any modification of the structure of the molecule of a
compound with the exception of ionisation and the
addition or removal of water of crystallisation.
RULE 4—UNIT OF QUALIFICATION
1. Each article in a consignment shall be considered separately.
2. For the purposes of paragraph 1 of this Rule—
(a) where the Harmonised Commodity Description and Coding
System specifies that a group, set or assembly of articles is
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to be classified within a single heading, such a group, set or
assembly shall be treated as one article;
(b) tools, parts and accessories which are imported with an
article, and the price of which is included in that of the article
or for which no separate charge is made, shall be considered
as forming a whole with the article, provided that they
constitute the standard equipment customarily included on
the sale of articles of that kind;
(c) in cases not within subparagraphs (a) and (b), goods shall be
treated as a single article if they are so treated for purposes of
assessing Customs duties by the importing Member State.
3. An unassembled or disassembled article which is imported in more
than one consignment because it is not feasible for transport or production
reasons to import it in a single consignment shall, if the importer so requests,
be treated as one article.
RULE 5—SEGREGATION OF MATERIALS
1. For those products or industries where it would be impracticable for
the producer physically to segregate materials of similar character but different
origin used in the production of goods, such segregation may be replaced by
an appropriate accounting system, which ensures that no more goods received
Community tariff treatment, than would have been the case, if the producer
had been able physically to segregate the materials.
2. Any such accounting system shall conform to such conditions as
may be agreed upon by Member States concerned in order to ensure that
adequate control measures will be applied.
RULE 6—TREATMENT OF REPAIRED GOODS
1. For the purposes of paragraph 4 of Article 84 goods shall be treated
as having undergone a process of repair, renovation or improvement if the
performance of such process within the Community does not result in a
change of the form or character of the goods.
2. The cost of repair, renovation or improvement shall refer to the cost
of all materials which are used plus the costs involved in effecting the repair,
renovation or improvement, excluding freight, other transport charges,
insurance and other shipping costs.
RULE 7—TREATMENT OF PACKING
1. Where for purposes of assessing Customs duties a Member State
treats goods separately from their packing, it may also, in respect of its
imports consigned from another Member State, determine separately the origin
or such packing.
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2. Where paragraph 1 of this Rule is not applied, packing of any sort
shall be considered as forming a whole with the goods for the purposes only
of the application of the percentage value-added conditions. No part of any
packing required for the transport or storage of goods shall be considered as
having been imported from outside the Community when determining the
origin of the goods as a whole.
RULE 8—DOCUMENTARY EVIDENCE
1. A claim that goods shall be accepted as eligible for Community tariff
treatment shall be supported by appropriate documentary evidence of origin
and consignment. The evidence of origin shall consist of a certificate given by
a Governmental authority or authorised body nominated by the exporting
Member State and notified to the other Member States together with a
declaration completed by the exporter of the goods.
2. The governmental authority or the authorised body shall obtain a
declaration as to the origin of the goods given by the last producer of the goods
within the Community. The authority or body shall satisfy themselves as to
the accuracy of the evidence provided; where necessary they shall require the
production of additional information, and shall carry out any suitable check. If
the authorities of the importing Member State so require, a confidential
indication of the producer of the goods shall be given.
3. Nominations of authorised bodies for the purpose of this Rule may
be withdrawn by the exporting Member State if the need arises. Each Member
State shall retain, in regard to its imports, the right of refusing to accept
certificates from any authorised body which is shown to have repeatedly issued
certificates in an improper manner, but such action shall not be taken without
adequate prior notification to the exporting Member State of the grounds for
dissatisfaction.
4. In cases where the Member States concerned recognise that it is
impracticable for the producer to make the declaration of origin specified in
paragraph 2 of this Rule, the exporter may make that declaration in such form
as those Member States may for the purpose specify.
5. The certificate and declaration provided for in this Rule shall be in
the form prescribed by COTED from time to time.
6. The COTED may decide that further or different provisions
concerning evidence of origin or of consignment shall apply to particular
categories of goods or classes or transactions.
RULE 9—VERIFICATION OF EVIDENCE OF ORIGIN
1. The importing Member State may as necessary require further
evidence to support any declaration or certificate of origin furnished under
Rule 8.
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2. The importing Member State shall not prevent the importer from
taking delivery of the goods solely on the grounds that it requires such further
evidence, but may require security for any duty or other charge which may be
payable; provided that where goods are subject to any import restrictions or
prohibitions, the stipulation for delivery under security shall not apply.
3. Where, under paragraph 1 of this Rule, a Member State has required
further evidence to be furnished, those concerned in another Member State
shall be free to produce it to a governmental authority or an authorised body
of the latter State, who shall, after thorough verification of the evidence,
furnish an appropriate report to the importing Member State.
4. Where it is necessary to do so by reason of its legislation, a Member
State may prescribe that requests by the authorities of importing Member
States for further evidence from those concerned in the Member State shall be
addressed to a specified governmental authority, who shall after thorough
verification of the evidence furnish an appropriate report to the importing
Member State.
5. If the importing Member State wishes an investigation to be made
into the accuracy of the evidence which it has received it may make a request
to that effect to the other Member State or States concerned.
6. Information obtained under the provisions of this Rule by the
importing Member State shall be treated as confidential.
RULE 10—APPLICATION OF THE SAFEGUARD MECHANISM
1. The information required pursuant to paragraph 4 of Article 84 shall be
rendered in writing and shall be such as the Competent Authority may require.
2. For the purposes of carrying out his investigations, the Secretary-
General may seek such additional information as he considers to be relevant.
Replies to the enquiries by the Secretary-General should be sent by telex,
telefax or other similar means of communication.
3. The Competent Authority shall ensure that no more extra-regional
materials are used in production for purposes of Common Market treatment
than are authorised by the Secretary-General. The Competent Authority shall
make available to the Governmental authority or authorised body nominated
for his State under paragraph 1 of Rule 8 such information as may be
necessary for this purpose.
4. The Member States agree to co-operate fully with the Secretary-
General in the foregoing provisions of this Rule.
RULE 11—SANCTIONS
1. Member States undertake to introduce legislation, making such
provision as may be necessary for penalties against persons who, in their
State, furnish or cause to be furnished a document which is untrue in a
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material particular in support of a claim in another Member State that goods
should be accepted as eligible for Community tariff treatment. The penalties
applicable shall be similar to those applicable in case of untrue declarations in
regard to payment of duty on imports.
2. A Member State may deal with the offence out of Court, if it can be
more appropriately dealt with by a compromise penalty or similar
administrative procedure.
3. A Member State shall be under no obligation to institute or continue
Court proceedings, or action under paragraph 2 of this Rule:
(a) if it has not been requested to do so by the importing
Member State to which the untrue claim was made; or
(b) if, on the evidence available, the proceedings would not be
justified.
SCHEDULE II
MARKETING ARRANGEMENTS FOR UNREFINED CANE SUGAR
1. Any Member State in which unrefined cane sugar is produced may,
subject to paragraph 2 and consistently with any international obligations to
which it is subject, apply any quantitative restriction within the meaning of
Article 87 on imports into that State of unrefined cane sugar from any other
part of the Community.
2. Any Member State taking measures in accordance with paragraph 1
shall notify them to COTED, if possible before they come into force.
SCHEDULE III
DEVELOPMENT OF THE OILS AND FATS SUB-SECTOR
Preamble
The Member States:
Recognising that it is their policy to—
(i) enhance the long-term viability of the regional oils
and fats industry;
(ii) facilitate the regional marketing of oils produced from
indigenous raw materials;
(iii) encourage the development and marketing of a wider
range of competitive value-added products especially
in the less developed countries;
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(iv) encourage the role of the private sector in determining
the conduct of the trade,
Have Agreed as follows:
PART I
PRELIMINARY
Use of Terms
In this Schedule, unless the context otherwise requires:
“ancillary” means any substance actually required to be used in conjunction
with oils and fats in the process leading to a finished product but which
cannot be used as a substitute for oils and fats produced within the
Community and which is included in Appendix I to this Schedule;
“(Intra-Regional) Price” means the f.o.b. price of raw materials, refined
edible oil and hydrogenated edible fats, when exported from one Member
State to another;
“oils and fats” means oilseeds, their seedlings and intermediate or final
products including margarine, shortening and soaps in the form of toilet
and laundry derived therefrom, provided those oilseeds and seedlings
qualify as being of Community Origin;
“raw materials” means copra and other oilseeds, and unrefined oils
qualifying as being of Community Origin;
“substitute” means commodities listed in Appendix II to this Schedule
which are put to similar use as, and are in commercial competition with,
oils and fats.
Objectives
(a) to support and encourage the viability and expansion and
diversification of the Oils and Fats Sub-Sector in the
Community;
(b) to promote intra-regional trade in oils and fats and exports to
Third countries;
(c) to increase competitiveness of the Oils and Fats Sub-Sector;
(d) to improve and promote the production of traditional and
non-traditional oilseeds within the Community.
PART II
S COPE OF THE S CHEDULE
1. The intra-Community reference price of copra and coconut oils shall
be determined as a result of consultations and negotiations by a Committee of
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Buyers and Sellers at the Meeting of Representatives of Member States
(hereinafter called “the Conference on Oils and Fats”). The resultant prices
would be presented by the Committee of Buyers and Sellers to the Conference
on Oils and Fats for acceptance and notification to COTED.
2. COTED, on the recommendation of the Conference on Oils and
Fats, shall endorse the intra-Community reference price for the ensuing year
in respect of:
(a) copra, which shall be expressed as an f.o.b. price in buyers’
containers;
(b) unrefined coconut oil, which shall be expressed as an f.o.b.
price in buyers’ containers.
3. (1) The Committee of Buyers and Sellers shall undertake
consultations and negotiations to determine—
(a) the quantities of copra and coconut oil to be purchased and
sold by respective buyers and sellers present at the Meeting
of the Conference on Oils and Fats;
(b) the period and other particulars under which the transactions
at (a) shall be made.
(2) The determination of the Committee of Buyers and Sellers with
respect to (a) and (b) shall be presented to the Conference on Oils and Fats for
acceptance.
(3) The Conference on Oils and Fats shall notify COTED of the
quantities of copra and coconut oil to be traded, the period over which the trade
shall be undertaken and other relevant particulars relating to purchase and sale of
coconut oil in the Community.
(4) In the determination of the quantities of coconut oil to be
supplied by the sellers, the Committee of Buyers and Sellers shall give
consideration to information on the availability of copra and coconut oil from
the less developed countries.
4. COTED shall, as necessary, determine the conditions for intra-
regional trade in oils and fats, other than coconut oil.
5. COTED shall, as necessary, determine the conditions for the
importation and exportation of substitutes.
6. Importation of ancillaries shall be free from restriction.
PART III
IMPLEMENTATION OF THE S CHEDULE
7. (1) Member States shall, not later than 31st January in every year,
submit to the Secretary-General in such form as COTED may, from time to
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time prescribe, its estimates of production, domestic consumption
requirements, exports and imports in respect of such oils and fats and
substitutes as may be determined by COTED.
(2) Member States shall provide the Secretary-General, upon request,
with such other information as may be required in order to monitor the
operation of this Schedule.
8. The Secretary-General, on the basis of information supplied by
Member States, shall keep the Member States informed of production and
supply capabilities.
9. The Meeting of the Conference on Oils and Fats shall be convened by
the Secretary-General at least once per year.
10. The Secretary-General shall, at the request of a Member State, and
with the concurrence of the majority of the Member States, convene a Special
Meeting of the Conference on Oils and Fats.
11. (1) The Conference on Oils and Fats shall consist of one delegate
(with such advisers as may be considered necessary) to be nominated by each
Member State.
(2) Private sector and other organisations, including the farming
community, shall be invited to participate as observers at Meetings of the
Conference on Oils and Fats.
(3) Every Meeting of the Conference on Oils and Fats shall elect its
Chairman.
(4) At every Meeting of the Conference on Oils and Fats, the
delegates of six Member States, including two MDCs, shall form a quorum.
(5) At Meetings of the Conference on Oils and Fats, private sector
representatives shall play a more active role in the deliberations through the
participation of buyers and sellers. In this regard, the Conference on Oils and
Fats shall facilitate the establishment of a Committee of Buyers and Sellers
of Copra and Coconut Oil to engage in consultations and negotiations to
determine the prices and quantities governing trade in selected oils and fats.
(6) The Chairman of the Committee of Buyers and Sellers shall
submit conclusions to the Conference on Oils and Fats for acceptance.
(7) Every Meeting of the Conference on Oils and Fats shall be
serviced by the Secretariat.
(8) Recommendations of the Conference on Oils and Fats shall be
submitted to COTED for its approval.
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12. (1) The Conference on Oils and Fats shall—
(a) review the operation of this Schedule;
(b) consider any matter relating to this Schedule referred to the
Conference on Oils and Fats by any Member State or any
Organ or Body of the Community;
(c) review regional and international developments affecting the
Oils and Fats Sub-Sector;
(d) make recommendations to support and promote the growth
and development of the Oils and Fats Sub-Sector.
(2) Recommendations emanating from 14(c) and (d) shall be
submitted to COTED and Ministers with responsibility for Agriculture for
consideration and appropriate action.
13. Member States shall be responsible for the administration of the
provisions of this Schedule within their respective countries and, for that
purpose, shall enact the necessary legislative or other measures required to
give effect to the provisions of this Schedule.
14. Where COTED is satisfied that the action taken by a Member State
is not in compliance with the provisions of this Schedule and is likely to
prejudice any benefits likely to be derived by another Member State, COTED
may recommend measures intended to ameliorate any damage or institute any
corrective measures or apply any appropriate sanctions.
15. COTED may, by unanimous decision, recommend the amendment
of the provisions of this Schedule or the substitution of a new Schedule
therefor.
PART IV
REGULATION OF INPUTS IN THE COMMUNITY
16. The Member States shall apply the rate of duty set by COTED on
all imported oils, fats and their substitutes.
17. (1)(a) In the event of insufficient supply, the Secretary-General
acting on behalf of COTED may grant a suspension of the Common External
Tariff in accordance with Article 72 of the Treaty.
(b) In determining the adequacy of supply, the Secretary-General
shall take into consideration the allocation and provisions which obtain under
this Schedule.
(2)(a) The Secretary-General may issue a certificate under the
Safeguard Mechanism of the Rules of Origin in accordance with Article 73 of
the Treaty, in the event of insufficient supply of inputs used in the
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manufacture of oils and fats products. In determining the adequacy of supply,
the Secretary-General shall take into consideration the guidelines established
by the Conference of Oils and Fats and COTED.
18. The Member States may use automatic licences to monitor imports
of oils and fats especially where other methods prove inadequate.
19. No Member State shall use non-automatic licences to regulate or
restrict the imports of oils and fats except under paragraph 22.
20. (1) If any Member State considers that—
(a) its oils and fats processing industry is being injured as a
result of a substantial decrease (10 per cent for LDCs and
25 per cent for MDCs) in internal demand for a domestic
product; and
(b) this decrease in demand is due to an increase in imports
consigned from other Member States, that Member State
shall take remedial measures in accordance with Chapter V of
this Treaty.
(2) Where in the Community, especially in any of the LDC Member
States, a difficulty arises from the importation of oils, fats or their substitutes
from Third countries, the affected Member State shall, notwithstanding the
provisions identified at paragraphs 18, 19 and 20, use non-automatic licences
and quantitative restrictions in accordance with its international obligations.
APPENDIX I to
Schedule III
ANCILLARIES
Aluminum Sulphate
Animal Grease
Animal Tallow
Anti-Spattering Agents
Anti-Oxidants
Antiseptics
Bacteriacides and
Disinfectants
Bleaching Aids and
Materials
Calcium Chloride
Calcium Michel
Caustic Potash
Caustic Soda
Colouring Matter and
Dyes
Citric Acid
Emulsifiers
Fatty Acids
Mineral Salts
Oleo Stearines
Organic Acids
Phosphate and Zinc
Oxide
Preservative
Resin
Silicate of Soda
Ferric Chloride
Filter Aids and
Materials
Flavours and
Flavouring
Materials
Flourescers
Hexane
Hydrochloric Acid
Hydrogenated Fats
Hydrogenated Oils
Cotton Seed, Bleaching
Earth
Soyabean, Palm
Kernel, Groundnut
Palm, Whale, Fish or
other Oils of a
similar kind
Castor Oil
Lanolin
Milk Powders and
Cultures
Mineral Acids
Soap Perfumes
Soda Carbonate
Sodium Hydrosulphate
Sodium Sulphate
Titanium Dioxide
Vitamin Concentrates
Water Softeners
Salt
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APPENDIX II to
Substitutes
Oilseeds which do not qualify as being of Community Origin under the
provisions of Article 84.
Vegetable oils refined or unrefined, derived from materials in the above
category.
Edible tallow or edible stearines.
Soaps including all soaps in block, bar, tablet or powdered form not
produced within the Community.
Margarine and shortening which do not qualify as being of Common
Market Origin under the provisions of Article 84.
Compound Lard.
Pure Lard.
SCHEDULE IV
PROTECTION OF GUYANESE PETROLEUM PRODUCTS
1. Special arrangements to facilitate the establishment of a petroleum
refining industry in Guyana are provided in this Schedule.
2. Notwithstanding anything in this Chapter, any quantitative restriction
within the meaning of Article 87 thereof may, during any period for which the
Government of Guyana is a party to any protective agreement in that behalf
relating to petroleum product produced in Guyana, be applied on imports into
Guyana of that petroleum product from any other part of the Community.
Provided that no such restriction shall be so applied on imports of any
petroleum product, other than Bunker C, asphalt or road oil during any year
except with a view to preventing the importation of that petroleum product
into Guyana to any extent in excess of:
(a) one third of such amount of that petroleum product as is
reasonably considered by the Government of Guyana to be
marketable in Guyana during such year; or
(b) the difference between such amount of that petroleum product
as is reasonably considered by the Government of Guyana to
be marketable in Guyana during such year and any lesser
amount of that petroleum product which is reasonably
considered by the said Government to be productible in
Guyana during such year,
whichever is more.
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3. During any period first hereinbefore in this Article referred to in
connection with a petroleum product produced in Guyana, Customs duties
shall, at rates not lower than those in force when the CARICOM Single
Market and Economy enters into force, be applicable to any permitted imports
into Guyana of that petroleum product from outside the Community.
4. Not later than—
(a) the commencement, during any year, of any period mentioned
in paragraph 3 of this Schedule;
(b) the commencement, during any such period, of any year,
Guyana shall notify to COTED the amounts mentioned in paragraph (b) of the
proviso to paragraph 2 of this Schedule in relation to that year and shall at the
request of any Member State, inform COTED in strictest confidence of the
reasons for arriving at any such amounts.
5. In this Schedule “that petroleum product” includes any like or
substitutable petroleum product.
6. These provisions shall not have effect for longer than 15 years from
the commencement of a period mentioned in paragraph 3 of this Schedule.
SCHEDULE V
GOVERNMENT ASSISTANCE
(a) The provision by governments of direct subsidies to a firm
or an industry contingent upon export performance.
(b) Currency retention schemes or any similar practices which
involve a bonus on exports.
(c) Internal transport and freight charges on export shipments,
provided or mandated by governments, on terms more
favourable than for domestic shipments.
(d) The Provision by governments or their agencies either
directly or indirectly through government-mandated
schemes, of imported or domestic products or services for
use in the production of exported goods, on terms or
conditions more favourable than for provision of like or
directly competitive products or services for use in the
production of goods for domestic consumption, if (in the
case of products) such terms or conditions are more
favourable than those commercially available on world
markets to their exporters.
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(e) The full or partial exemption remission, or deferral
specifically related to exports, of direct taxes or social welfare
charges paid or payable by industrial or commercial
enterprises.
(f) The allowance of special deductions directly related to
exports or export performance, over and above those granted
in respect to production for domestic consumption, in the
calculation of the base on which direct taxes are charged.
(g) The exemption or remission, in respect of the production and
distribution of exported products, of indirect taxes in excess
of those levied in respect of the production and distribution
of like products when sold for domestic consumption.
(h) The exemption, remission or deferral of prior-stage
cumulative indirect taxes on goods or services used in the
production of exported products in excess of the exemption,
remission or deferral of like prior-stage cumulative indirect
taxes on goods or services used in the production of like
products when sold for domestic consumption, provided,
however, that prior-stage cumulative indirect taxes may be
exempted, remitted or deferred on exported products even
when not exempted, remitted or deferred on like products
when sold for domestic consumption in the production of the
exported product (making normal allowance for waste).
(i) The remission or drawback of import charges in excess of
those levied on imported inputs that are consumed in the
production of the exported product (making normal
allowance for waste); provided, however, that in particular
cases a firm may use a quantity of home market inputs equal
to, and having the same quality and characteristics as, the
imported inputs as a substitute for them in order to benefit
from the provision if the import and the corresponding
export operations both occur within a reasonable time
period, not to exceed two years.
(j) The provision by governments (or special institutions
controlled by governments) of export credit guarantee or
insurance programmes, of insurance or guarantee
programmes against increases in the cost of exported
products or of exchange risk programmes, at premium rates
which are inadequate to cover the long-term operating costs
and losses of the programmes.
(k) The grant by governments (or special institutions controlled
by and/or acting under the authority of governments) of
export credits at rates below those which they actually have
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to pay for the funds so employed (or would have to pay if
they borrowed on international capital markets in order to
obtain funds of the same maturity and other credit terms and
denominated in the same currency as the export credit), or the
payment by them financial institutions in obtaining credits,
in so far as they are used to secure a material advantage in the
field of export credit terms, provided, however, that if a
Member is a party to an international undertaking on official
export credits to which at least twelve original members to
this Agreement are parties as of 1st January 1979 (or a
successor undertaking which has been adopted by those
original member), or if in practice a member applies the
interest rates provisions of the relevant undertaking an export
credit practice which is in conformity with those provisions
shall not be considered an export subsidy prohibited by this
Agreement.
(l) Any other charge on the public account constituting an
export subsidy in the sense of Article XVI of GATT 1994.
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