Caribbean Court of Justice Trust Fund

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Caribbean Court of Justice Trust Fund
LAWS OF TRINIDAD AND TOBAGO

CARIBBEAN COURT OF JUSTICE TRUST FUND
ACT

CHAPTER 70:08

Act
19 of 2006

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–17 ..

L.R.O. UNOFFICIAL VERSION


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Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

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CHAPTER 70:08

CARIBBEAN COURT OF JUSTICE TRUST
FUND ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title and commencement.

2. Interpretation.

3. Fund Agreement to have the force of law in Trinidad and Tobago.

4. Privileges and immunities of Board, Trustees, etc., of the Fund.

5. Certificate of Minister is conclusive evidence.

6. Financial provisions.

7. Offence to use Seal of the Fund.

8. Amendment of the Fund Agreement.

SCHEDULE.

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CHAPTER 70:08

CARIBBEAN COURT OF JUSTICE
TRUST FUND ACT

An Act to provide for the Implementation of the Revised
Agreement Establishing the Caribbean Court of Justice
Trust Fund and for related matters

[18TH DECEMBER, 2006]

1. (1) This Act may be cited as the Caribbean Court of
Justice Trust Fund Act.

*(2) This Act came into operation on the 18th day of
December, 2006.

2. In this Act, unless the context otherwise requires—
“Board” means the Board of Trustees of the Fund established

under Article V of the Fund Agreement;
“Fund” means the Caribbean Court of Justice Trust Fund

established by Article II of the Fund Agreement;
“Fund Agreement” means the Revised Agreement Establishing

the Caribbean Court of Justice Trust Fund signed by the
Government at Nassau, The Bahamas on the 21st day of
January 2004, the text of which is set out in the Schedule;

“Minister” means the Minister to whom the responsibility for
Caribbean Community Affairs has been assigned;

“Officers” means the Executive Officer and other officers of
the Fund;

“Trustees” means members of the Board.

3. The Fund Agreement shall have the force of law in
Trinidad and Tobago.

4. (1) The Minister may from time to time, by Order,
declare that the Board, Trustees and Officers named and
described in the Order shall, to such extent as may be specified

19 of 2006.

Commencement.
[321/2006].

Short title.

Interpretation.

Schedule.

Fund Agreement to
have the force of
law in Trinidad
and Tobago.

Privileges and
immunities of
Board, Trustees,
etc., of the Fund.

*See L.N. 321/2006.

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in the Order, be awarded the privileges and immunities set out in
Article XI of the Fund Agreement.

(2) Where privileges and immunities are conferred on
any person by an Order made under subsection (1), the Minister
shall compile a list of the persons entitled to such privileges and
immunities and cause such list to be published in the Gazette.

(3) Wherever any person referred to in subsection (1)
ceases or begins to be entitled to the privileges and immunities
to which a list relates, the Minister shall amend the list and cause
a notice of the amendment to be published in the Gazette.

5. If in any proceedings any question arises whether or not
any person is entitled to any privileges or immunity under this
Act, a certificate issued by or under the authority of the Minister
stating any fact relating to that question shall be conclusive
evidence of that fact.

6. Contributions required to be made to the Fund by
Trinidad and Tobago under the Fund Agreement shall be a charge
on the Consolidated Fund.

7. (1) Subject to the provisions of this Act, no person shall
assume or use in connection with any trade, business, calling or
profession, the name or official seal of the Fund or any seal so
nearly resembling any such seal as to be likely to deceive.

(2) A facsimile copy of the official seal of the Fund in
relation to which subsection (1) applies shall be published in
the Gazette.

(3) Any person who contravenes subsection (1),
commits an offence and is liable on summary conviction to a fine
of two thousand dollars and to imprisonment for twelve months.

8. (1) Where any amendment of the Fund Agreement is
accepted by the Government, the Minister may, by Order, amend
the Schedule to this Act for the purpose of including therein, the
amendment so accepted.

Certificate of
Minister is
conclusive
evidence.

Financial
provisions.

Offence to use
Seal of the
Fund.

Amendment of
the Fund
Agreement.

Schedule.

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(2) Any Order made under this section may contain
such consequential, supplemental or ancillary provisions as
appear to the Minister to be necessary or expedient for the
purpose of giving effect to the amendment and without prejudice
to the generality of the foregoing, the Order may contain
provisions amending references in the Act to specific provisions
of the Fund Agreement.

(3) Every Order made under this section shall be subject
to negative resolution of Parliament.

(4) Where the Schedule to this Act is amended
pursuant to this section, any reference in this Act or any other
law or instrument to the Fund Agreement shall, unless the
context otherwise requires, be construed as a reference to the
Fund Agreement so amended.

SCHEDULE

REVISED AGREEMENT ESTABLISHING THE
CARIBBEAN COURT OF JUSTICE TRUST FUND

The Parties to the Agreement Establishing the Caribbean Court of Justice:

Cognisant that the Court is indispensable for the good governance
of the Caribbean Community;

Recognising the critical role of the Court in the efficient
administration of Justice in the territories of the Contracting
Parties to the Agreement establishing the Court;

Recognising further that the Court is vital for the structured and
efficient functioning of the CARICOM Single Market
and Economy;

Noting the provisions of Article XXVIII of the Agreement
establishing the Court which requires the expenses of the Court
and the Commission to be borne by the Contracting Parties to
the Agreement establishing the Court;

Conscious that the financial viability of the Court is essential for its
efficiency, effectiveness and independence in the performance
of its functions;

[Sections 2 and
8(4)].

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Bearing in mind the decision of the Twenty-Third Meeting of the
Conference of Heads of Government of the Caribbean
Community concerning the capital and recurrent expenditures
of the Court;

Determined to promote and safeguard the independence, integrity
and credibility of the Court,

Have agreed as follows:

ARTICLE I

INTERPRETATION

1. In this Agreement unless the context otherwise requires:

“Board” means the Board of Trustees of the Fund;

“Commission” means the Regional Judicial and Legal Services
Commission established under Article V of the Agreement
Establishing the Caribbean Court of Justice;

“Court” means the Caribbean Court of Justice established under
Article III of the Agreement Establishing the Caribbean Court
of Justice;

“Fund” means the Caribbean Court of Justice Trust Fund
established by Article II of this Agreement;

“Member” means a Contracting Party to the Agreement
Establishing the Caribbean Court of Justice and in relation to
which this Agreement is in force; and

“Secretary-General” means the Secretary-General of the
Caribbean Community.

ARTICLE II

ESTABLISHMENT OF THE CARIBBEAN COURT OF JUSTICE
TRUST FUND

The Caribbean Court of Justice Trust Fund is hereby established.

ARTICLE III

PURPOSE OF THE FUND

The purposes of the Fund shall be to provide the resources necessary to
finance the biennial capital and operating budget of the Court and the
Commission in perpetuity.

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ARTICLE IV

RESOURCES OF THE FUND

1. The resources of the Fund shall consist of:
(a) the contributions of Members;
(b) income derived from operations of the Fund or

otherwise accruing to the Fund; and
(c) contributions of third parties being contributions which

are not likely to prejudice the independence or integrity of
the Court.

2. The Fund shall not solicit nor accept any grant, gift or other material
benefit from any source except with the consent of all the Members.

3. A State or Territory listed in the Annex to this Agreement:
(a) which is a Member on the date this Agreement enters into

force; or
(b) which accedes to this Agreement within such period as may

be determined by the Members,

shall, contribute or cause to be contributed to the Fund the amount of the
initial capital of the Fund represented by the scale of contributions set out in
the Annex.

4. A State or Territory acceding to this Agreement, other than a State or
Territory to which paragraph 3(b) applies, shall make contributions to the
Fund in accordance with the provisions set out in its instrument of accession.

5. The Board shall review the adequacy of the resources of the Fund,
not later than two years after the entry into force of this Agreement and
thereafter at least once within every succeeding biennium.

6. The Board shall communicate the results of the review to
the Members.

7. Where upon such a review an inadequacy in resources is found to
exist, the Members shall make additional contributions in the proportions
reflected in the Annex to this Agreement.

8. Contributions of Members shall be made for the purpose of the Fund
without restriction as to use.

9. Financing from the Fund shall be governed by considerations of
economy, efficiency and cost effectiveness and the need to safeguard the
independence and sustainability of the Court and the Commission.

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ARTICLE V

STRUCTURE OF THE FUND

The Fund shall have a Board of Trustees.

ARTICLE VI

COMPOSITION OF THE BOARD OF TRUSTEES

1. Subject to the provisions of this Article, the Board of Trustees shall
consist of the following or their nominees:

(a) The Secretary-General;
(b) The Vice-Chancellor of the University of the West Indies;
(c) The President of the Insurance Association of the Caribbean;
(d) The Chairman of the Association of Indigenous Banks of

the Caribbean;
(e) The President of the Caribbean Institute of Chartered

Accountants;
(f) The President of the Organisation of Commonwealth

Caribbean Bar Associations;
(g) The Chairman of the Conference of Heads of the Judiciary

of Member States of the Caribbean Community;
(h) The President of the Caribbean Association of Industry and

Commerce; and
(i) The President of the Caribbean Congress of Labour.

2. There shall be a Chairman and Vice-Chairman of the Board elected
by the Board from among its members. The Chairman and Vice-Chairman
shall hold office for a period of three years.

3. Where a trustee—
(a) resigns or dies;
(b) becomes bankrupt or otherwise insolvent;
(c) becomes unwilling or refuses to serve as a trustee;
(d) is convicted of an offence involving dishonesty; or
(e) in the unanimous opinion of the other members of the Board,

becomes unfit or incapable to act as such,

the competent institution shall nominate a person of comparable status or
experience to act in place of that trustee.

4. Where an institution fails to nominate a trustee in accordance with
paragraph 3 or an institution mentioned in paragraph 1 ceases to exist, the
Secretary-General may designate a person or persons, as the case may require,
to act as a trustee.

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5. Where more than three designations by the Secretary-General are
required to make up the full complement of the Board of Trustees, the
Members may, by consensus, propose an amendment to the Agreement in
accordance with Article XIII.

6. A trustee may resign by transmitting a written notice in that behalf to
the Chairman of the Board. Where the Chairman wishes to resign from the
office of Chairman or Trustee, such notice shall be transmitted to the Vice-
Chairman of the Board.

ARTICLE VII

FUNCTIONS OF THE BOARD

1. The Board shall be responsible for directing the operations of the
Fund, and, for this purpose shall, in particular, exercise the following functions:

(a) evaluate the performance of the Fund;
(b) establish with the approval of the Members guidelines for

prudential investment of the resources of the Fund;
(c) establish with the approval of the Members the financial

regulations of the Fund;
(d) appoint the Executive Officer of the Fund;
(e) authorise the provision of resources required for the biennial

capital and operating budget of the Court and the
Commission submitted by the Executive Officer;

(f) appoint an investment manager or managers to manage the
investments of the Fund in accordance with the investment
guidelines for the Fund;

(g) approve the annual report on the performance of the Fund
for transmission to the Members;

(h) approve the capital and operating annual budget of the Fund;
(i) appoint an external Auditor of the Fund;
(j) submit an annual report to the Member; and
(k) perform such other functions as may be necessary or

appropriate for the operations of the Fund.

2. The Board may exercise such powers and establish such rules as may
be necessary or appropriate in furtherance of its purpose and functions
consistent with this Agreement.

ARTICLE VIII

PROCEDURES OF THE BOARD

1. The Board shall hold two regular meetings each year and may hold
such other meetings as the Board considers necessary.

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2. The Board shall elect a Chairman and one Vice-Chairman at its first
regular annual meeting.

3. Each member of the Board shall have one vote.

4. A simple majority of the members of the Board shall constitute the
quorum for any meeting of the Board.

5. Subject to paragraph 6 of this Article the Board shall take decisions
by consensus. A proposal shall be deemed to have been adopted by consensus
if no member of the Board raised a formal objection against it during
the meeting.

6. Where the Chairman of the Board determines that a decision cannot
be reached by consensus, the Chairman shall submit the matter to a vote.
In such a case the Board shall take its decision by a majority of two-thirds
of its members.

7. Subject to this Agreement, the Board may adopt its own rules
of procedure.

ARTICLE IX

THE SEAL OF THE FUND

1. The Fund shall have and use as occasion may require, a Seal having
a device or impression with the inscription “Caribbean Court of Justice
Trust Fund.”

2. The Seal of the Fund shall be kept in the custody of the Executive
Officer and shall be affixed to documents pursuant to a resolution of the Board
in the presence of the Chairman of the Board and the Executive Officer.

3. The Seal shall be authenticated by the signatures of the Chairman of
the Board and the Executive Officer.

ARTICLE X

FUNCTIONS OF THE EXECUTIVE OFFICER

The Executive Officer shall report to the Board and shall be invited to
participate in all its meetings, except where the Board considers it
inexpedient, having regard to the matters on the agenda for any meeting.
The Executive Officer shall:

(a) prepare and submit to the Board the capital and operating
annual budget of the Fund;

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(b) manage the day-to-day operations of the Fund;
(c) employ staff and engage the services of consultants;
(d) prepare and submit to the Board for submission to

the Members:
(i) a quarterly report on the performance of the Fund;

(ii) an annual report on the operations of the Fund;
(e) submit to the Board a statement of receipts and expenditures

relating to the Fund during the preceding fiscal year as
audited by the External Auditor;

(f) represent the Fund in relation to third parties; and
(g) perform any other functions as may be assigned by the

Board from time to time.

ARTICLE XI

JURIDICAL PERSONALITY AND LEGAL CAPACITY

1. The Fund shall possess full juridical personality and in
particular capacity to:

(a) contract;

(b) acquire and dispose of immovable and moveable
property; and

(c) institute legal proceedings.

2. The principal office of the Fund shall be located in Trinidad
and Tobago.

3. The Fund shall conclude an agreement with the Government of
Trinidad and Tobago on the status, privileges and immunities of the Fund.
The agreement shall be approved by the Board, and signed by the Chairman.

ARTICLE XII

PRIVILEGES AND IMMUNITIES

1. To enable the Board and Officers of the Fund to fulfill the functions
with which it is entrusted, the status, immunities and privileges provided in
this Article shall be accorded to the Fund in the territories of each Member.

2. The Fund shall enjoy immunity from every form of legal process. Its
property and assets, wheresoever located and by whomsoever held, shall be
immune from all forms of seizure, attachment or execution.

3. The archives of the Fund shall be inviolable.



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4. To the extent necessary to carry out the operations provided for in
this Agreement and subject to the provisions of this Agreement, all property
and assets of the Fund shall be free from restrictions, regulations, controls and
moratoria of any nature.

5. The official communications of the Fund shall be accorded by each
Member the same treatment that it accords to the official communications of
other Members.

6. The Fund, its assets, property, income and its operations and
transactions, shall be exempt from all taxation, all customs duties on goods
imported for its official use and all other imposts.

7. Notwithstanding the provisions of paragraph 6 of this Article, the
Fund will not claim exemption from imposts that are no more than charges for
public utility services.

8. Where the Fund has paid any duties, taxes or other imposts, the
Members shall make appropriate administrative arrangements for the
remission or return of the amount of duty, tax or imposts paid.

9. Articles imported under an exemption from customs duties as
provided by paragraph 6 of this Article, or in respect of which a remission or
return of duty or tax has been made under paragraph 8, shall not be sold in the
territory of the Member which granted the exemption, remission or return
except under conditions agreed with that Member.

10. No tax shall be levied on or in respect of salaries and
emoluments paid by the Fund to members of the Board or other officers, but
Members reserve the right to tax their own citizens or nationals or persons
permanently resident in the territories of such Members.

11. All officers of the Fund:

(a) shall be exempt from the payment of income taxes except
where that officer is a citizen, permanent resident or national
of the State granting the exemption;

(b) shall be accorded such immunities from immigration
restrictions, alien registration requirements and national
service obligations, and such facilities as regards exchange
control restrictions, as are not less favourable than those
accorded by the Member concerned to the representatives,
officials and employees of comparable rank of any
other Member;

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(c) shall be given such repatriation facilities in time of
international crisis as are not less favourable than those
accorded by the Member concerned to the representatives,
officials and employees of comparable rank of any
other Member.

12. The Trustees:
(a) shall be immune from all legal process in respect of the

lawful discharge of their responsibilities under this
Agreement;

(b) shall be accorded immunities from immigration restrictions
and such facilities as would ensure the proper discharge of
their functions.

13. The immunities, exemptions and privileges provided in this Article
are granted in the interests of the Fund. The Board may waive to such extent
and upon such conditions as it may determine, the immunities, exemptions
and privileges provided in this Article in cases where such action would, in its
opinion, be appropriate in the best interests of the Fund.

14. The Executive Officer shall have the right and the duty to waive any
immunity, exemption or privilege in respect of any other officer where, in his
opinion, the immunity, exemption or privilege would impede the course of
justice and can be waived without prejudice to the interests of the Fund. In
similar circumstances and under the same conditions, the Board shall have the
right and duty to waive any immunity, exemption or privilege respecting the
Executive Officer, and in the case of members of the Board, the Members
shall waive such immunity.

15. The Members shall take such action as is necessary in their own
territories for the purpose of making effective in terms of their law the
principles set forth in this Article and shall inform the Fund of the detailed
action which they have taken.

ARTICLE XIII

AMENDMENT

Any Member may submit to the Board a proposal to amend a provision
of this Agreement. The Board shall promptly submit the proposal to all other
Members. The amendment shall take effect on the thirtieth day following the
date on which the Secretary-General (hereinafter referred to as “the
Depositary”) has received the approval of three-quarters of the Members.

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ARTICLE XIV

SIGNATURE

This Agreement shall be open for signature until 31st March 2004, by the
States and Territories listed in the Annex hereto.

ARTICLE XV

ENTRY INTO FORCE

This Agreement shall enter into force upon signature by any ten (10) of
the States or Territories listed in the Annex hereto.

ARTICLE XVI

RESERVATIONS

No reservations may be entered in respect of any provision of
this Agreement.

ARTICLE XVII

ANNEX

The Annex to this Agreement shall constitute an integral part of
this Agreement.

ARTICLE XVIII

ACCESSION

1. Any Member State of the Caribbean Community or any State or
Territory invited by Conference to participate in the Court may become a
Member by acceding to this Agreement on terms and conditions agreed
between it and the Fund. Accession shall be effected by the deposit of an
instrument of accession approved by the Board. This Agreement shall enter
into force for the acceding State or Territory on the thirtieth day following the
date on which its instrument of accession was deposited with the Depositary.

2. Where a State or Territory, other than a State or Territory to which
paragraph 3(b) of Article IV applies, accedes to this Agreement and
undertakes to discharge its financial obligations to the Trust Fund the Annex
shall be amended accordingly.

ARTICLE XIX

WITHDRAWAL

1. Where a Member withdraws from the Agreement Establishing the
Caribbean Court of Justice, such a Member shall be deemed to have

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withdrawn from this Agreement with effect from the date of that Member’s
withdrawal from the Agreement establishing the Caribbean Court of Justice.

2. A Member withdrawing from this Agreement shall honour all
obligations assumed by it before the effective date of its withdrawal.

ARTICLE XX

DEPOSITARY AND REGISTRATION

1. This Agreement shall be deposited with the Depositary.

2. This Agreement shall be registered in accordance with the provisions
of Article 102 of the Charter of the United Nations.

DONE at Monterrey, Mexico this 12th day of January Two Thousand and
Four, in a single copy, in the English Language.

Signed by .................... for the Government of Antigua and Barbuda on the
.................... day of ............................. 200.... at ...............................................

Signed by The Rt. Hon. Owen Arthur, Prime Minister, for the
Government of Barbados on the 13th day of January 2004 at Monterrey,
Mexico

Signed by Hon. Said W. Musa, Prime Minister, for the Government of
Belize on the 12th day of January 2004 at Monterrey, Mexico

Signed by Hon. Roosevelt Skerrit, Prime Minister, for the Government
of the Commonwealth of Dominica on the 16th day of January 2004 at
Roseau, Dominica

Signed by Dr. the Hon. Keith Mitchell, Prime Minister, for the
Government of Grenada on the 17th day of January 2004 at Roseau, Dominica

Signed by H. E. Bharrat Jagdeo, President, for the Government of the
Co-operative Republic of Guyana on the 27th day of January 2004 at
Georgetown, Guyana

Signed by ..................................... for the Government of the Republic of
Haiti on the ............... day of ............... 200.... at ...............................................

Signed by The Rt. Hon. Percival J. Patterson, Prime Minister, for the
Government of Jamaica on the 13th day of January 2004 at Monterrey, Mexico

Signed by ..............................for the Government of Montserrat on the
............... day of ............... 200.... at ..................................................................

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Signed by Hon. Dr. Denzil L. Douglas, Prime Minister, for the
Government of St. Kitts and Nevis on the 13th day of January 2004 at
Monterrey, Mexico

Signed by Dr. the Hon. Kenny D. Anthony, Prime Minister, for the
Government of Saint Lucia on the 17th day of January 2004 at Roseau, Dominica

Signed by Dr. the Hon. Ralph E. Gonsalves, Prime Minister, for the
Government of St. Vincent and the Grenadines on the 13th day of January
2004 at Monterrey, Mexico

Signed by H. E. Dr. Runaldo R. Venetiaan, President, for the
Government of the Republic of Suriname on the 13th day of January 2004 at
Monterrey, Mexico

Signed by Hon. Patrick A. M. Manning, Prime Minister, for the
Government of the Republic of Trinidad and Tobago on the 21st day of
January 2004 at Nassau, The Bahamas.

ANNEX

CONTRIBUTION OF THE MEMBERS OF THE TRUST FUND

Members Per Cent Share

Antigua and Barbuda … … … 2.11

Barbados … … … … … 12.77

Belize … … … … … 3.44

Dominica … … … … … 2.11

Grenada … … … … … 2.11

Guyana … … … … … 8.33

Haiti … … … … … 1.68

Jamaica … … … … … 27.09

Montserrat … … … … … 0.42

St. Kitts and Nevis … … … … 2.11

Saint Lucia … … … … … 2.11

St. Vincent and the Grenadines … … 2.11

Suriname … … … … … 3.92

Trinidad and Tobago … … … 29.73

Total … … … … 100.00

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