Supreme Court.q
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–15 ..
Act
6 of 2008
LAWS OF TRINIDAD AND TOBAGO
CARIBBEAN COURT OF JUSTICE
(HEADQUARTERS) ACT
CHAPTER 6:05
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 6:05
CARIBBEAN COURT OF JUSTICE
(HEADQUARTERS) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Financial provisions for giving effect to the Headquarters
Agreement.
4. Headquarters Agreement given the force of law in Trinidad and
Tobago.
5. Amendment of Schedule.
SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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6 of 2008.
Commencement.
Short title.
Interpretation.
CHAPTER 6:05
CARIBBEAN COURT OF JUSTICE
(HEADQUARTERS) ACT
An Act to provide for the implementation by the
Government of the Republic of Trinidad and Tobago of
the Agreement Establishing the Seat of the Caribbean
Court of Justice and the Offices of the Regional Judicial
and Legal Services Commission between the
Government of Trinidad and Tobago and the Caribbean
Court of Justice and the Regional Judicial and Legal
Services Commission.
[27TH MAy 2008]
1. This Act may be cited as the Caribbean Court of Justice
(Headquarters) Act.
2. In this Act—
“Agreement” means the Agreement Establishing the Caribbean
Court of Justice, signed at Bridgetown, Barbados on the
14th day of February, 2001 as amended by the Protocol to
the Agreement Establishing the Caribbean Court of Justice
Relating to the Judicial Personality and Legal Capacity of
the Court, signed at Montego Bay, Jamaica on the 4th day of
July, 2003 and the Protocol to the Agreement Establishing
the Caribbean Court of Justice Relating to the Tenure of
Judges, Rules of Court, Financial Arrangements and
Withdrawal from Agreement as well as the relationship
between Provisions on the Original Jurisdiction of the
Caribbean Court of Justice and the Constitutions of States
Parties done at Paramaribo, Suriname on the 17th day of
February, 2005;
“Court” means the Caribbean Court of Justice established by
Article III of the Agreement;
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“Government” means the Government of the Republic of
Trinidad and Tobago;
“Headquarters Agreement” means the Agreement Establishing
the Seat of the Caribbean Court of Justice and the Offices of
the Regional Judicial and Legal Services Commission
between the Government of Trinidad and Tobago and the
Caribbean Court of Justice and the Regional Judicial and
Legal Services Commission signed by the Government and
the Caribbean Court of Justice and the Regional Judicial and
Legal Services Commission on the 23rd day of February,
2005 the text of which is set out in the Schedule;
“Offices of the Commission” has the meaning assigned to it in
Article I of the Headquarters Agreement;
“Minister” means the Minister to whom responsibility for
Caribbean Community Affairs has been assigned; and
“Seat of the Court” has the meaning assigned to it in Article I of
the Headquarters Agreement.
3. (1) All sums required to be paid by the Government of
Trinidad and Tobago for the purpose of meeting the obligations
of Trinidad and Tobago under the Headquarters Agreement shall
be a charge on the Consolidated Fund.
(2) Any sums received by the Government of Trinidad
and Tobago from the Caribbean Court of Justice and the Regional
Judicial and Legal Services Commission shall be paid into the
Consolidated Fund.
4. Notwithstanding any other written law, the Agreement
shall have the force of law in Trinidad and Tobago.
5. The Minister may, by Order, amend the Schedule for the
purpose of bringing the Headquarters Agreement into accord
with any amendments made thereto under Article XIV:2.
Schedule.
Financial
provisions for
giving effect to
the
Headquarters
Agreement.
Headquarters
Agreement
given the force
of law in
Trinidad and
Tobago.
Amendment of
Schedule.
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SCHEDULE
AGREEMENT ESTABLISHING THE SEAT OF THE CARIBBEAN
COURT OF JUSTICE AND THE OFFICES OF THE
REGIONAL JUDICIAL AND LEGAL SERVICES
COMMISSION BETWEEN THE GOVERNMENT OF
TRINIDAD AND TOBAGO AND THE CARIBBEAN COURT
OF JUSTICE AND THE REGIONAL JUDICIAL AND LEGAL
SERVICES COMMISSION
PREAMBLE
WHEREAS paragraph 3 of Article III of the Agreement Establishing the
Caribbean Court of Justice (hereinafter called “The Agreement”) provides that
the Seat of the Court shall be in the territory of a Contracting Party as
determined from time to time by a qualified majority of the Contracting
Parties
Whereas paragraph 4 of Article III of the Agreement provides inter alia that
the Contracting Party in whose territory the Seat of the Court is situated shall
conclude with the Court and the Commission an agreement relating to the Seat
of the Court and the offices of the Commission and
Whereas the Contracting Parties to the Agreement have determined that the
Seat of the Court shall be in Trinidad and Tobago
The Parties hereto have agreed as follows:
ARTICLE I
USE OF TERMS
In this Agreement, unless the context otherwise requires:
“Archives of the Court or Commission” includes the records, correspondence,
documents, manuscripts, photographs, slides, films, sound recordings and
electronic storage devices belonging to or held by the Court or
Commission;
“Commission” means the Regional Judicial and Legal Services Commission
established by Article V of the Agreement;
“Competent Authorities” means national, regional or local authorities of
Trinidad and Tobago as may be appropriate in the context and in the laws
of Trinidad and Tobago;
“Conference” means the Conference of Heads of Government of Member
States of the Caribbean Community;
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“Counsel” means a person qualified to appear in proceedings before the Court
on behalf of another;
“Court” means the Caribbean Court of Justice established by Article III of the
Agreement;
“the Government” means the Government of Trinidad and Tobago;
“offices of the Commission” means the offices provided by the Government
in accordance with paragraph 4 of Article III of the Agreement and
occupied by the Commission for its official use;
“officers of the Court” means the Court Executive Administrator, the Registrar
and Deputy Registrar and such other officials of the Court as may be
designated from time to time by the President;
“President” means the President of the Court;
“Property” means all forms of property including funds and assets belonging
to or held or administered by the Court or the Commission and all income
accruing to the Court or the Commission;
“Seat of the Court” means the premises provided by the Government in
accordance with paragraph 4 of Article III of the Agreement and occupied
by the Court for its official use.
ARTICLE II
STATUS OF THE COURT AND COMMISSION
1. The Court and the Commission shall possess full juridical personality
and, in particular, full capacity to:
(a) contract;
(b) acquire and dispose of immovable and movable property;
(c) institute legal proceedings.
2. In all legal proceedings, the Court and the Commission shall be
represented by the Registrar.
ARTICLE III
THE SEAT OF THE COURT AND OFFICES OF THE COMMISSION
1. The Seat of the Court and offices of the Commission shall be the
premises defined in Article I of this Agreement.
2. The President shall have the power to make regulations operative
within the Seat of the Court and offices of the Commission for the purpose of
establishing therein conditions necessary for the full execution of their
functions which shall be carried out through the Court Executive
Administrator and the Registrar.
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3. The Seat of the Court and offices of the Commission shall be
inviolable and shall be under the authority of the President as provided for in
this Agreement.
4. Officials of the Government, whether administrative, judicial,
military or police, shall not enter the Seat of the Court or the offices of the
Commission to perform any official duties therein except with the consent of
and under conditions agreed by either the Court Executive Administrator or
the Registrar. However, in the case of fire or other emergency requiring
prompt protective action, or in the event that officials of the Government have
reasonable cause to believe that such an emergency has occurred, the consent
of the Court Executive Administrator or the Registrar to entry in the Seat of
the Court and offices of the Commission by the officials of the Government
shall be presumed if neither the Court Executive Administrator nor the
Registrar can be reached in time.
5. The service of legal process, including the seizure of private property,
may take place within the Seat of the Court or the offices of the Commission
only with the consent of and under the conditions approved by the Registrar.
6. The President shall not permit the Seat of the Court or the offices of
the Commission to become a refuge either for fugitives from justice or for
persons who are endeavouring to avoid service of legal process or judicial
proceedings under the laws of Trinidad and Tobago or against whom an order
of extradition or deportation has been made by the competent authorities.
7. The Court Executive Administrator may expel or exclude
persons from the Seat of the Court or the offices of the Commission for
violation of its regulations or for any other reasonable cause.
ARTICLE IV
PROPERTy, FUNDS AND ASSETS OF THE COURT AND COMMISSION
1. The Court, Commission and their property, wherever located and by
whomsoever held, shall enjoy immunity from every form of legal process
except in so far as in any particular case the President has expressly waived
their immunity. No waiver of immunity shall extend to any measure of
execution.
2. Save as otherwise provided in paragraph 1 of this Article, the
property of the Court and the Commission, wherever located or by
whomsoever held, shall be immune from search, acquisition,
confiscation, expropriation and any other form of interference, whether by
legislative, executive, administrative or judicial action.
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3. Nothing in this Article shall be construed as preventing the
Government from taking appropriate action in connection with the
investigation into accidents involving motor vehicles belonging to or operated
on behalf of the Court or the Commission.
ARTICLE V
ARCHIVES OF THE COURT AND COMMISSION
The archives of the Court and the Commission and in general all
documents held by them shall be inviolable wherever located.
ARTICLE VI
EXEMPTION FROM FOREIGN EXCHANGE CONTROLS
1. Without being restricted by financial controls, regulations or
moratoria of any kind, the Court and the Commission shall be entitled for its
official use only:
(a) to purchase from authorised dealers, hold and make use of
negotiable currencies, operate foreign currency and external
accounts and purchase through authorised dealers, hold and
make use of funds and securities;
(b) freely transfer its funds, securities and foreign currencies to
or from Trinidad and Tobago or within Trinidad and Tobago
and to convert any currency held by it into other currency.
2. The Court and the Commission in executing their respective rights
under paragraph 1 of this Article, shall pay due regard to any representation
made by the Government and shall give effect to such representation to the
extent that such representation may be taken into account without detriment to
the interests of the Court or the Commission as the case may be.
ARTICLE VII
EXEMPTION FROM TAXES, CUSTOMS DUTIES AND IMPORT OR
EXPORT DUTIES
1. The property of the Court and the Commission shall be exempt from:
(a) any form of direct or indirect taxation but the Court and the
Commission will not claim exemption from taxes which are,
in fact, no more than charges for public utility services;
(b) customs duties and prohibitions and restrictions on imports
and exports in respect of articles imported or exported for
their official use, subject to the condition that articles
imported under such exemption shall not be sold within
Trinidad and Tobago except under conditions agreed to
between the President and the Government;
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(c) customs duties and other levies and prohibitions and
restrictions in respect of the import, sale and export of their
publications.
2. For the purpose of this Article, indirect taxation includes airport
departure tax or travel tax, travel ticket tax, hotel and restaurant tax, customs
and excise duties, consumption tax, stamp duties, withholding tax on interest,
value added tax, finance charges and imposts with equivalent effect.
ARTICLE VIII
FACILITIES IN RESPECT OF COMMUNICATIONS
1. The Court and Commission shall enjoy in the territory of Trinidad
and Tobago, freedom of communication for their official communications.
2. The official correspondence and all other forms of official
communications of the Court and Commission shall be inviolable.
3. The Court and Commission shall have the right to use codes and to
dispatch and receive correspondence by courier in sealed bags, which shall not
be searched or detained unless the competent authorities have serious reason
to believe that the sealed bags contain something other than correspondence,
documents or articles for the official use of the Court or the Commission
exclusively, in which case the bag shall be opened only in the presence of an
officer of the Court.
4. Nothing in this Article shall be construed so as to preclude the
adoption of measures necessary to protect the security of Trinidad and Tobago.
ARTICLE IX
JUDGES AND OFFICERS OF THE COURT
1. Judges and officers of the Court and members of the Commission,
when engaged on the business of the Court or Commission, as the case may
be, in Trinidad and Tobago, shall enjoy:
(a) immunity from legal process in respect of words spoken or
written and all acts done by them in their official capacity,
such immunity shall continue notwithstanding that the
persons concerned have ceased to exercise their functions
with the Court or the Commission;
(b) immunity from personal arrest or detention in relation to acts
performed by them in their official capacity;
(c) inviolability of all papers, documents and materials related to
the work of the Court or the Commission;
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(d) exemption from immigration restrictions, alien registration
requirements and national service obligations;
(e) the same protection and repatriation facilities in times of
international crisis as are accorded representatives of foreign
governments of comparable rank;
(f) the right, for the purpose of all communications with the
Court or the Commission, to use codes to dispatch or receive
papers, correspondence or other official material by courier
or in sealed bags;
(g) the same privileges and facilities in respect of currency and
exchange restrictions as are accorded to representatives of
foreign governments of comparable rank;
(h) immunity from inspection and seizure of personal and
official baggage, except in cases of flagrante delicto. In such
cases, the competent authorities shall immediately inform the
Court Executive Administrator. Inspection of personal
baggage shall be conducted in the presence of the person
concerned or his authorised representative and, in the case of
official baggage, in the presence of a duly authorised
representative of the Court Executive Administrator;
(i) exemption from any form of direct taxation of salaries,
remuneration and allowances paid by the Court or the
Commission and from customs duties on imports in respect
of articles imported for personal use, subject to the condition
that articles imported under such exemption shall not be sold
within Trinidad and Tobago except under conditions
determined by the Government.
2. The privileges, immunities and exemptions mentioned in
subparagraphs (a), (b), (c), (d), (e), (g), (h) and (i) of paragraph 1 of this
Article shall also be enjoyed by such senior employees of the Court or
Commission as may be designated from time to time by the President in
writing to the Government when such officers are engaged on the business of
the Court or Commission as the case may be in Trinidad and Tobago.
3. All employees of the Court or Commission shall enjoy
exemption from income tax in respect of salaries, remuneration and
allowances paid to them by the Court or Commission as the case may be.
ARTICLE X
COUNSEL APPEARING IN PROCEEDINGS BEFORE THE COURT
1. Counsel appearing in proceedings before the Court while present in
Trinidad and Tobago shall, in the performance of their functions connected
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with such proceedings, enjoy:
(a) inviolability of all papers, documents and materials relating
to the proceedings before the Court;
(b) immunity from personal arrest or detention in relation to
words spoken or written or acts performed by them in
relation to proceedings before the Court;
(c) exemption from immigration restrictions, alien registration
requirements and national service obligations;
(d) the same privileges and facilities in respect of currency and
exchange restrictions in relation to their appearance in
proceedings before the Court as are accorded to
representatives of Government on temporary official
missions.
2. Counsel mentioned in paragraph 1 of this Article shall enjoy, in
respect of words written or spoken and all acts done by them in the conduct of
proceedings before the Court, immunity from legal process. The immunity
shall continue although the person entitled is no longer conducting
proceedings before the Court.
3. The privileges, immunities and facilities mentioned in this Article are
only intended to assist counsel in the efficient representation of clients in
proceedings before the Court and shall not be employed to circumvent
applicable laws and regulations of Trinidad and Tobago.
ARTICLE XI
CO-OPERATION WITH COMPETENT AUTHORITIES
1. Privileges and immunities are recognised and granted by this
Agreement in the interest of the Court and Commission and not for the
personal benefit of persons entitled thereto. The Conference, in the case of the
President, and the President, in the case of other persons entitled thereto, shall
have the right to waive such privileges and immunities whenever in their
opinion the enjoyment of the privileges and immunities would impede the
course of justice and could be waived without prejudice to the interests of the
Court or Commission.
2. The President, the Court Executive Administrator and the Registrar,
as the case may be, shall co-operate at all times with the competent authorities
in order to facilitate the proper administration of justice, secure the observance
of the laws and regulations of Trinidad and Tobago and avoid the occurrence
of any abuse in connection with the privileges, immunities and facilities
recognised and granted by this Agreement.
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3. Without prejudice to the privileges and immunities recognised and
granted by this Agreement, it is the duty of all persons enjoying such
privileges and immunities to respect the laws and regulations of Trinidad and
Tobago.
4. If the Government considers that an abuse has occurred in the
enjoyment of any privilege or immunity conferred by this Agreement, the
Court Executive Administrator shall, at the request of the Government, consult
with the competent authorities to determine whether such an abuse has
occurred. If such consultations fail to achieve results satisfactory to the Court
Executive Administrator and the Government, the issues shall be settled in
accordance with the procedure laid down in Article XIII.
ARTICLE XII
FACILITATION OF TRAVEL
1. Subject to the laws or regulations restricting entry or movement for
reasons of national security, the Government shall extend all facilities for the
uninterrupted passage within Trinidad and Tobago as well as for the entry and
departure therefrom of the categories of persons indicated below:
(a) judges of the Court and members of their families forming
part of their household;
(b) members of the Commission;
(c) officers of the Court and members of their families forming
part of their household;
(d) parties to and applicants in proceedings before the Court and
counsel appearing representing them in such proceedings;
(e) persons other than officers of the Court performing missions
for the Court and members of their families forming part of
their household; and
(f) other persons invited to the Seat of the Court or offices of the
Commission on official business.
2. The Court Executive Administrator shall communicate to the
Government the names of the persons mentioned in paragraph 1 of this Article.
3. This Article shall not be applicable in case of a general
interruption of transportation and shall not impede the effective application of
laws in force nor waive reasonable application of quarantine and health
regulations.
4. Visas required by persons referred to in paragraph 1 of this Article
shall be granted expeditiously and free of charge.
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ARTICLE XIII
SETTLEMENT OF DISPUTES
1. The President shall make appropriate provisions for the
settlement of:
(a) disputes arising out of contracts and other disputes of a
private law character to which the Court or Commission
is a party;
(b) disputes involving any judge or officer of the Court or
Counsel conducting proceedings before the Court enjoying
immunity if such immunity has not been waived by the
persons empowered in that behalf.
2. Any difference between the Government and the Court or the
Commission arising out of the interpretation or application of this Agreement
and which is not settled by negotiation or other agreed mode of settlement
shall be referred for final decision to a Tribunal of three arbitrators at the
instance of either party: one to be appointed by the Government, one to be
appointed by the President, and the third, who shall be the Chairman of the
Tribunal, to be chosen by the first two arbitrators. If either of the parties fails
to appoint an arbitrator within six weeks of the decision to resort to arbitration,
an arbitrator or arbitrators, as the case may be, shall be appointed for such
purposes by the Secretary General of the Caribbean Community. If the first
two arbitrators within three weeks of their appointment fail to agree upon the
third, the Government or the President shall request the Secretary General to
choose the third arbitrator. The arbitral Tribunal shall make a determination
within six months from the date of its constitution. A majority vote of the
arbitrators shall be sufficient to reach a decision, which shall be final and
binding. The Chairman shall be empowered to settle all questions of procedure
in any case where there is disagreement between the other arbitrators in
respect thereto.
ARTICLE XIV
ENTRy INTO FORCE
1. This Agreement and any agreement supplementary thereto shall enter
into force immediately upon signature.
2. Consultations in respect of any amendment to this Agreement may be
initiated by either the Government or the President.
3. The Government shall take such action as is necessary for the
purpose of incorporating the provisions of this Agreement in the law of
Trinidad and Tobago and shall inform the President of the action taken.
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ARTICLE XV
TERMINATION
This Agreement and any amendment thereof shall cease to have effect five
years after either of the Parties hereto has given notice in writing to the other
of its decision to terminate this Agreement.
IN WITNESS WHEREOF the representative of the Government and the
President of the Caribbean Court of Justice and Chairman of the Regional
Judicial and Legal Services Commission being duly authorised in that behalf
have executed this Agreement.
Done at Port-of-Spain, Trinidad and Tobago on the 23rd day of
February, 2005.
For the Government of Trinidad and Tobago
Knowlson Gift
Minister of Foreign Affairs
For the Caribbean Court of Justice and the Regional Judicial and Legal
Services Commission
Michael de La Bastide
President of the Caribbean Court of Justice and
Chairman of the Regional Judicial and Legal
Services Commission
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