Caribbean Examinations Council

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/39.07.pdf

Caribbean Examinations Council
L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act
13 of 1987

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–18 ..

CARIBBEAN EXAMINATIONS COUNCIL ACT

CHAPTER 39:07

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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 39:07

CARIBBEAN EXAMINATIONS COUNCIL ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.

PRELIMINARY
2. Interpretation
3. Certain provisions of the Agreement to have the force of law.

PART I

ESTABLISHMENT OF THE COUNCIL
4. Incorporation of Council.
5. Amendments to the Agreement.
6. Exemption from Customs duties.
7. Exemption from registration fees.
8. Financial provisions.
9. Regulations.

PART II

EXAMINATIONS HELD BY THE COUNCIL
10. Unlawfully obtaining certain papers.
11. Restriction on use of certain papers.
12. Restriction on use of certain information.
13. Removal of certain papers from examination room.
14. Return of papers to Registrar or Police.
15. Disclosures by personnel of Council.
16. Entering examination after acquiring prior knowledge of questions.
17. Impersonation.
18. Forgery of document.
19. General penalty.
20. Regulations.

SCHEDULE.

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CHAPTER 39:07

CARIBBEAN EXAMINATIONS COUNCIL ACT

An Act to provide for the implementation of the Agreement
between the Governments of certain Caribbean
territories establishing the Caribbean Examinations
Council, to incorporate the said Council and to provide
for the protection of the integrity of examinations held
by the Council.

[5TH JUNE 1987]

1. This Act may be cited as the Caribbean Examinations
Council Act.

PRELIMINARY

2. In this Act—
“Agreement” means the Agreement establishing the Caribbean

Examinations Council, the text of which is set out in the
Schedule and to which the Government of Trinidad and
Tobago is a party;

“Article” means an Article of the Agreement;
“Council” means the Caribbean Examinations Council established

under the Agreement;
“Minister” means the Minister to whom responsibility for the

subject of education is assigned;
“Registrar” means the Registrar of the Council.

3. The provisions of Article VIII shall have the force of law
in Trinidad and Tobago.

PART I

ESTABLISHMENT OF THE COUNCIL

4. The Council is hereby established a body corporate.

13 of 1987.

Commencement.

Short title.

Interpretation.

Certain
provisions of the
Agreement to
have the force of
law.

Incorporation of
Council.

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5. (1) Where any amendment of the Agreement is accepted
by the Government or any agreement is concluded under paragraph 5
of Article V to which the Government of Trinidad and Tobago is a
party, the Minister may by Order, subject to negative resolution of
Parliament, amend the Schedule for the purpose of including therein
such amendment or the provisions of any such agreement.

(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 said amendment or agreement, and, without prejudice
to the generality of the foregoing, may contain provisions amending
references in this Act to specific provisions of the Agreement.

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

6. All goods imported by the Council for its official use shall
be exempt from Customs duties.

7. Any deed executed in favour of, and any deed of mortgage
executed by, the Council shall be exempt from registration fees
specified in the Registrar General Act.

8. (1) All payments required to be made by the Government
to the Council in respect of the obligations of Trinidad and Tobago
under the Agreement are charged on and are payable out of the
Consolidated Fund.

(2) All sums received by the Government from the
Council under the Agreement shall be paid into the Consolidated
Fund.

9. The Minister may make Regulations for giving effect to
the provisions of this Part.

Amendments to
the Agreement.

Exemption from
Customs duties.

Exemption from
registration fees.

Ch. 19:03.

Financial
provisions.

Regulations.

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PART II

EXAMINATIONS HELD BY THE COUNCIL

10. A person who, prior to an examination held by the Council,
unlawfully procures possession of any paper prepared by the
Council containing instructions to candidates or questions to be
answered in that examination is guilty of an offence.

11. (1) A person who, after procuring possession of a paper
containing questions to be answered in, or instructions to candidates
in connection with, an examination to be held by the Council—

(a) permits that paper to be seen by any other person;
(b) gives or permits that paper to be given to any other

person;
(c) discloses the contents of that paper to any

other person;
(d) permits that paper or its contents to be used by

any other person; or
(e) makes any other use of such paper or its contents,

is guilty of an offence.
(2) This section does not apply in respect of a paper given

by an invigilator to a candidate at the time of an examination to
which that paper relates.

12. A person who, after procuring possession of information
respecting the contents of a paper referred to in section 10 or 11
but without obtaining possession of that paper—

(a) gives that information to any other person;
(b) permits that information to be given to any other

person; or
(c) makes any other use of that information,

is guilty of an offence.

13. A person who, without the consent of the Council, removes
any examination paper or paper containing instructions to
candidates from a room in which an examination is held by the
Council is guilty of an offence.

Unlawfully
obtaining certain
papers.

Restriction on
use of certain
papers.

Restriction on
use of certain
information.

Removal of
certain papers
from
examination
room.

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14. A person who obtains possession of any examination paper
or paper containing instructions to candidates in connection with
an examination to be held by the Council shall upon obtaining
possession thereof return that paper to the Registrar or the nearest
Police Station or make a reasonable effort to effect its return.

15. A person employed—
(a) in the setting, examining, scoring, moderating,

revising, vetting, printing, collecting, storing,
distributing or keeping the custody of any
examination paper;

(b) in the making of a draft examination paper or of
a paper containing instructions to candidates; or

(c) as a supervisor or an examiner, invigilator,
attendant or otherwise,

in connection with an examination held or to be held by the Council
who, prior to or during that examination, knowingly or recklessly
discloses to any person the contents of such examination paper,
draft examination paper, or paper containing instructions to
candidates is guilty of an offence.

16. A person who, after acquiring prior knowledge of any
question set in connection with an examination held by the Council,
presents himself as a candidate at that examination is guilty of an
offence and liable on summary conviction to a fine of one thousand
dollars and to imprisonment for a term of six months.

17. A person who, for the purposes of an examination held by
the Council, falsely represents himself to be another person is guilty
of an offence.

18. A person who forges, alters, offers, utters or disposes of,
knowing the same to be forged or altered, any document purporting
to show that a person has obtained a result in an examination held
by the Council is guilty of an offence.

Return of papers
to Registrar or
Police.

Disclosures by
personnel of
Council.

Entering
examination
after acquiring
prior knowledge
of questions.

Impersonation.

Forgery of
document.

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19. A person guilty of an offence under this Part for which
no other penalty is provided is liable on summary conviction to a
fine of five thousand dollars and to imprisonment for a term of
one year.

20. The Council may make Regulations generally for carrying
into effect the provisions of this Part.

General penalty.

Regulations.

(Section 2). SCHEDULE
AGREEMENT ESTABLISHING THE

CARIBBEAN EXAMINATIONS COUNCIL

THE PARTICIPATING GOVERNMENTS
RECOGNISING the decision of the Second Conference of Heads of

Government of Commonwealth Caribbean Countries held in Jamaica in January
1964, that the setting up of a Caribbean Examinations Council was a fit and
proper subject for regional co-operation;

CONSCIOUS of the need for the institution of a new system of
examinations for the Area under the aegis of the conference;

HAVE AGREED AS FOLLOWS:

ARTICLE I

INTERPRETATION
In this Agreement, unless the context otherwise requires—
“Area” means the following Territories the Governments of which are

Participating Governments:
(a) Antigua, Bahamas, Barbados, Belize, British Virgin Islands,

Cayman Islands, Dominica, Grenada, Guyana, Jamaica,
Montserrat, St. Kitts-Nevis-Anguilla, St. Lucia, St. Vincent,
Trinidad and Tobago, Turks and Caicos Islands; and

(b) any other Territory in the Caribbean;
“Article” means an Article of this Agreement;
“Council” means the Caribbean Examinations Council established by

Article II;
“National Committee” means a Committee established under Article IX;

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“Participating Governments” means the Governments which are from time to
time parties to this Agreement;

“School Examinations Committee” means the School Examinations Committee
appointed by the Council in accordance with Articles IV and X.

ARTICLE II

ESTABLISHMENT AND CONSTITUTION
1. The Council is hereby established and shall consist of the

following members:
(a) The Vice-Chancellor of the University of the West Indies;
(b) The Vice-Chancellor of the University of Guyana;
(c) (i) Three representatives of the University of the West Indies

appointed by the Vice-Chancellor of the University of
the West Indies regard being given to the geographical
dispersion of the campuses;

(ii) One representative of the University of Guyana appointed
by the Vice-Chancellor of the University of Guyana;

(d) (i) Two representatives appointed by each of the
Participating Governments of Barbados, Guyana,
Jamaica and Trinidad and Tobago and one
representative appointed by each of the other
participating Governments;

(ii) One representative of the teaching profession appointed
by each National Committee from among its members.

2. (a) A member of the Council appointed under paragraph 1(c) and (d)
of this Article shall subject to paragraph 3 of this Article hold office for a period
of three years.

(b) Any such member may at any time resign his office by notice in
writing addressed to the appointing authority and his resignation shall take effect
upon the receipt of such notice by the Chairman from the appointing authority.

(c) The appointing authority may make another appointment for the
unexpired term of office of the person who resigned.

3. A member of the Council referred to in paragraph 2 of this Article
may be removed from office by the appointing authority and another person
may be appointed for the unexpired term.

4. If any member of the Council is for the time being unable to act, the
appointing authority may appoint a person to act in his place during such inability.

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5. (a) The Council shall elect a Chairman from among its members, the
Chairman for the first term being a Vice-Chancellor.

(b) The Chairman shall hold office for three years and shall be eligible
for re-election. If, however, he resigns his office before the expiration of his
term the Chairman elected in his place shall hold office for the unexpired term.

(c) The Council shall elect one of its members to be Deputy Chairman
who shall hold office for such time not being more than his unexpired term as
the Council may determine.

6. The Chairman and members of the Council shall be paid such
remuneration and allowances as may from time to time be determined by
the Council.

ARTICLE III

DUTIES
The Council shall—

(a) conduct such examinations as it may think appropriate and
award certificates and diplomas on the results of examinations
so conducted;

(b) review and consider annually its examinations held in any territory
of the Area and remit to each Participating Government—

(i) an analysis of data on the performance of candidates
classified by subject and territory;

(ii) a digest of submission from National Committees
along with such other information as may be
considered necessary;

(iii) an annual report of the Council’s activities;
(c) consider, having regard to standards, the advisability of inviting

and, if thought fit, invite any other examining Body to conduct
examinations in the Area and award certificates and diplomas
on the results of such examinations, advise any Body so invited
on such adaptation of the Examinations as the Council may
think necessary and generally assist any Body so invited in
the conduct of such examinations in the Area;

(d) appoint a School Examinations Committee in accordance with
Article X;

(e) appoint from among its members an Administrative and
Finance Committee which shall include a representative from
each of the Participating Governments of Barbados, Guyana,
Jamaica and Trinidad and Tobago and four representatives from
the other Participating Governments;

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(f) receive from any National Committee or other committee
established under this Agreement reports and recommendations
on any matters relevant to the purposes of the Council and
consider such reports and recommendations;

(g) on the invitation of any Government in the Caribbean conduct
any examinations which the Council considers feasible.

ARTICLE IV

GENERAL POWERS
The Council shall have power to—

(a) appoint a Registrar, Pro-Registrar and such other persons as
may be necessary for the performance of its duties;

(b) delegate to the Registrar—
(i) any of the duties specified in paragraphs (a), (c) and

(g) of Article IV as relate to the holding of examinations;
and

(ii) the making of appointments of other persons mentioned
in paragraph (a) of this Article;

(c) fix the salaries and determine the terms and conditions of
service including the provision of superannuation benefits
of the Registrar and persons referred to in paragraph (a) of
this Article;

(d) delegate to the School Examinations Committee such powers
as may be necessary;

(e) delegate to the Administrative and Finance Committee such
powers as may be necessary;

(f) appoint such other Committees as the Council may consider
necessary for the performance of its duties;

(g) regulate the conduct of any examinations conducted under the
provisions of paragraphs (a), (c) and (g) of Article IV and
prescribe the qualification requirements of candidates and the
fees payable by them;

(h) co-opt any person to assist in the work of the Council, so,
however, that no such person shall be or be deemed to be a
member of the Council;

(i) borrow such sums as it may consider necessary or expedient;
(j) invest the funds of the Council in such manner and to such

extent as it may consider necessary or expedient giving priority
to investment in financial institutions in the Area controlled
by the people of the Area or by Participating Governments or
in securities issued or guaranteed by such Governments;

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(k) authorise in writing any of its members to discharge any of
its functions;

(l) make rules generally for the purposes of this Agreement.

ARTICLE V

LOCATION OF FACILITIES

1. The Council shall establish Administrative and Operation Centres in
Barbados and Jamaica, and may establish such Centres in Guyana, Trinidad
and Tobago and elsewhere in the Area.

2. For the purposes of administration and operations, the Area shall be
divided into two geographical zones—the western zone and the eastern zone.
The western zone shall comprise the Territories of Bahamas, Belize, Cayman
Islands, Jamaica and Turks and Caicos Islands. The eastern zone shall comprise
the Territories of Antigua, Barbados, British Virgin Islands, Dominica,
Grenada, Guyana, Montserrat, St. Kitts-Nevis-Anguilla, St. Lucia, St. Vincent
and Trinidad and Tobago.

Such of the Council’s operations as relate to the western zone shall be
directed from the Administrative and Operational Centre in Jamaica. Such of
the Council’s operations as relate to the eastern zone shall be directed from the
Administrative and Operational Centre in Barbados.

3. The Administrative and Operational Centre located in Barbados shall
be the Administrative Headquarters from which the general business of the
Council shall be directed.

4. The Registrar shall be based in the Administrative and Operational
Centre in Barbados and the Pro-Registrar shall be based in the Administrative
and Operational Centre in Jamaica.

5. The Council may conclude with Participating Governments agreements
relating to the legal capacity, privileges and immunities to be recognised and
granted to it in respect of its Administrative and Operational Centres.

ARTICLE VI

PROCEDURAL ARRANGEMENTS

1. The Council shall ordinarily meet for the despatch of business at such
time and places as the Council may from time to time appoint but at least one
meeting shall be held in each year.

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2. The Chairman may call a special meeting of the Council at such time
and place as he may appoint, and shall on the written request of six members of
the Council call a meeting to be held within twenty-one days after the receipt of
the request for the meeting.

3. Any such special meeting shall be convened at not less than fourteen
days’ notice.

4. At every meeting of the Council the Chairman, if present, shall preside,
in his absence the Deputy Chairman shall preside and in the absence of both the
Chairman and the Deputy Chairman, the members of the Council present shall
elect one of their number to preside.

5. Decisions of the Council and of the School Examinations Committee
and of the Administrative and Finance Committee shall be taken on the majority
vote of all the members present.

6. A quorum of the Council or of the School Examinations Committee or
of the Administrative and Finance Committee shall be constituted by one-half
of the respective total membership.

7. The member of the Council presiding at a meeting of the Council shall,
in addition to an original vote, have a casting vote in any case where the voting
is equal.

ARTICLE VII

FINANCIAL ARRANGEMENTS
1. The funds of the Council shall include—

(a) all charges, dues and fees received by the Council;
(b) such moneys as are provided for the Council by the

Participating Governments;
(c) all interest on moneys invested by the Council;
(d) all moneys accruing to the Council by way of endowment,

donation or otherwise.

2. The funds of the Council shall be applied towards the accomplishment
of its purposes.

3. The expenditure of the Council shall be apportioned among the
Participating Governments on such basis as may be agreed upon by them.

4. All sums of money received on account of the Council shall be paid
into such bank or banks as may be approved by the Council.

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5. (a) The Council shall cause to be kept proper accounts of its financial
and other business transactions and shall cause to be prepared not later than
three months after the end of each financial year—

(i) a statement showing in detail the items of income and
expenditure of the Council and the total of such income
and expenditure for the immediately preceding financial
year;

(ii) a statement of the assets and liabilities of the Council
as they stood at the end of the immediately preceding
financial year;

(b) Such statements shall be audited by an Auditor appointed by the
Council and as soon as may be thereafter a copy of each such statement as
audited shall be transmitted to each Participating Government.

ARTICLE VIII

LEGAL CAPACITY
1. The Council 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. The legal capacity, privileges and immunities to be recognised and
granted by Participating Governments in connection with the Council shall be
laid down in a Protocol to this Agreement.

ARTICLE IX

NATIONAL COMMITTEES
1. A National Committee shall be established by each Participating

Government for and in its Territory.

2. A National Committee shall comprise representatives of a Ministry or
Department of Education, the Teaching Profession, the Universities in the Area
and the general community.

3. The Chairman of a National Committee shall be appointed by the
Participating Government from among the members of that National Committee.

4. A member of a National Committee shall hold office for such number
of years as may be specified in his letter of appointment and shall be eligible
for reappointment.

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5. It shall be the duty of every National Committee—
(a) to exercise such powers as the Council may from time to time

delegate to it; and
(b) to advise the Council on any matter on which advice may be

sought including the content of the syllabuses, the appointment
of examiners and any other matter connected with
examinations conducted by the Council.

6. A National Committee may make a report or recommendations to the
Council on any matter relevant to the provisions of this Agreement.

7. A National Committee may appoint from among its members such
subcommittee as it thinks fit and shall specify the duties of such subcommittee.

8. A National Committee shall have the power to co-opt any person to
assist it in its work, so, however, that no such person shall be or be deemed to be
a member of the Committee.

ARTICLE X

SCHOOL EXAMINATIONS COMMITTEE
1. The School Examinations Committee shall consist of—

(a) the Chairman of the Council or his Deputy who shall be the
Chairman;

(b) four members who shall be representatives of the Universities
of the Area;

(c) one technical or administrative officer selected by each
Participating Government from its Ministry or Department of
Education;

(d) one member of the teaching profession nominated by each
National Committee.

2. The duties of the School Examinations Committee shall include—
(a) preparation for the approval of Council of regulations relating

to the conduct of examinations;
(b) development of syllabuses through subcommittees or subject-

panels;
(c) consideration of criticism from schools;
(d) consideration of points raised by examiners in their reports on

examinations and by other means;
(e) appointment of members of various subcommittees and

subject-panels;

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(f) the making of recommendations relating to the appointment
of examiners;

(g) advising the Council on all matters relating to examinations;
(h) performing such duties as may be delegated to it by the Council.

3. The School Examinations Committee shall have power to co-opt any
person to assist it in its work, so, however, that no such person shall be deemed
to be a member of the Committee.

ARTICLE XI

ADMINISTRATIVE AND FINANCE COMMITTEE

1. The Administrative and Finance Committee may appoint a
subcommittee in each Territory of the Area and may delegate to any such
subcommittee such powers as it thinks fit regarding administrative and financial
matters affecting that Territory.

2. Decisions of a subcommittee appointed under paragraph 1 of this Article
shall be taken by a majority of votes of the members present and voting and, in
so far as the procedures of the meetings of any such subcommittee is not
prescribed by the Council, the subcommittee may regulate its own procedure.

ARTICLE XII

SUPERANNUATION BENEFITS

The Council shall enter into arrangements with Participating Governments
to secure the preservation of the superannuation benefits of persons seconded
to the service of the Council from the service of any Participating Government.

ARTICLE XIII

ACCESSION

1. The Government of any Caribbean Territory may accede to this
Agreement on such terms and conditions as may be agreed between the
Participating Governments and the acceding Government.

2. Any such terms and conditions shall be embodied in a
supplementary Agreement.

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ARTICLE XIV

WITHDRAWAL
Any Participating Government may withdraw from this Agreement by

giving twenty-four months notice in writing to the Chairman of the Council
who shall within 30 days of the receipt of such notice notify the other
Participating Governments.

ARTICLE XV

AMENDMENT
An Amendment to the provisions of this Agreement shall be submitted to

the Chairman of the Council who shall within 30 days of the receipt thereof
transmit the proposed amendment to each Participating Government. Such
amendment shall have effect upon the acceptance thereof by all the Participating
Governments within six months of the date of the Chairman transmitting the
proposed amendment.

ARTICLE XVI

ENTRY INTO FORCE
1. This Agreement shall be lodged with the Secretary-General of the

Commonwealth Caribbean Regional Secretariat for signature and shall be subject
to ratification.

2. The Agreement shall come into force upon the deposit, not later than
30th April, 1972, of instruments of ratification with the Secretary-General by
any two of the Participating Governments of Barbados, Guyana, Jamaica and
Trinidad and Tobago and by any four of the other Participating Governments.

ARTICLE XVII

INAUGURAL MEETING
As soon as the Agreement comes into force the Secretary-General,

Commonwealth Caribbean Regional Secretariat, shall take the necessary steps
to secure the nomination of the members of the Council referred to in Article II
and to convene the Inaugural Meeting of the Council.

IN WITNESS WHEREOF the representatives of the Participating
Governments being duly authorised in that behalf have executed this Agreement.

DONE at Georgetown, Guyana, on the 10th day of April, 1972, in a
single copy, certified copies of which shall be transmitted to all
Participating Governments.

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Signed by JASPER SCOTLAND for the Government of Antigua on
21st April, 1972 at St. Lucia.

Signed by
for the Government of the Bahamas on

Signed by ERROL W. BARROW for the Government of Barbados
on 21st April, 1972 at St. Lucia.

Signed by A. A. HUNTER for the Government of Belize on
21st April, 1972 at St. Lucia.

Signed by O. CILLS for the Government of the British Virgin Islands
on 17th April, 1972 at St. Lucia.

Signed by B. O. EBANKS for the Government of the Cayman Islands
on 21st April, 1972 at St. Lucia.

Signed by RONALD O. P. AMOUR for the Government of Dominica
on 21st April, 1972 at St. Lucia.

Signed by GEORGE HOSTEN for the Government of Grenada
on 21st April, 1972 at St. Lucia.

Signed by D. HOYTE for the Government of Guyana on 21st April, 1972
at St. Lucia.

Signed by
for the Government of Jamaica on at

Signed by E. A. DYER for the Government of Montserrat on
17th April, 1972 at St. Lucia.

Signed by ROBERT L. BRADSHAW for the Government of
St. Kitts-Nevis-Anguilla on 21st April, 1972 at St. Lucia.

Signed by JOHN COMPTON for the Government of St. Lucia on
21st April, 1972 at St. Lucia.

Signed by E. THEO JOSHUA for the Government of St. Vincent on
21st April, 1972 at St. Lucia.

Signed by CARLTON GOMES for the Government of Trinidad and
Tobago on 18th May, 1972 at Port-of-Spain.

Signed by ALBERT F. WILLIAMS for the Government of Turks and
Caicos Islands on 17th April, 1972 at St. Lucia.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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