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 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.
  1.       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.
  1.        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.

 

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.
  1.                      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.
  1.                      The Competent Authority shall ensure that no more extraregional 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.
  1.                      The Member States agree to cooperate fully with the Secretary-General in the foregoing provisions of this Rule.

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.

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 8: Documentary Evidence

 

  1.                      A claim that goods shall be accepted as eligible for Community tariff treatment shall be supported by appropriate documentary evidence or 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.
  1.                      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.
  1.                      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.
  1.                      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.
  1.                      The certificate and declaration provided for in this Rule shall be in the form prescribed by COTED from time to time.
  1.                      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 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.
  1.                      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 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.
  1.                      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.

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.
  1.         The Member States undertake to act expeditiously to give effect to decisions of competent Organs and Bodies in their municipal law.
  1.         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.

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

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.

 

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 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.
  1.         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 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 23 January 1976 shall continue to govern relations between the Community and the host country.
  1.         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.

Article 228: Legal Capacity of the Community

  1.         The Community shall have full juridical personality.
  1.         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.
  1.         The Community may also conclude agreements with States and International Organisations.
  1.         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 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.

  1.         Measures taken by the Member States pursuant to paragraph 1 shall be notified to COTED.
  1.         The Community Council shall take appropriate measures to co-ordinate applicable legislation, regulations and administrative practices established in accordance with Article 44.

 

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
(c) as preventing any Member State from taking any action in pursuance of its obligations for the maintenance of international peace and security.

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.
  1.         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.
  1.         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 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.

 

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.
  1.         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.
  1.         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.
  1.         The Court may require previous compliance with the terms of the judgment before it admits proceedings for a revision.
  1.         The application for a revision shall be made within six months of the discovery of the new fact.
  1.         No application for a revision may be made after the lapse of five years from the date of the judgment.

 

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 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 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.

  1.         For the purpose of this Chapter, “national courts” includes the Eastern Caribbean Supreme Court.

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.
  1.         Where a third party intervenes in the proceedings, the party shall bear the costs associated with the intervention.

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.
  1.         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.
  1.         The arbitral tribunal’s hearings, deliberations and initial report, and all written submissions to and communications with the arbitral tribunal, shall be confidential.
  1.         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.

  1.         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.
  1.         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 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.
  1.         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.
  1.         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.
  1.         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 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.

  1.         The term of an arbitrator, including that of any arbitrator nominated to fill a vacancy, shall be five years and may be renewed.

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 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.
  1.          The conclusions or recommendations of a conciliation commission shall not be binding upon the parties.

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.
  1.         The Member States parties to the dispute may, by agreement applicable solely to that dispute, modify the procedure referred to in paragraph 1.

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 sub-paragraph (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 sub-paragraph (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 sub-paragraph (e);

(e) within ten days of the receipt of a request under sub-paragraphs (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;

(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 sub-paragraphs (a) to (f) in so far as may be possible.

 

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 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.
  1.         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 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 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.
  1.         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.
  1.         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.

  1.         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.
  1.         The Secretary-General shall be notified of any request for consultations.
  1.         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.
  1.         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.
  1.         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.
  1.         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 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.
  1.         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.
  1.         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 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.
  1.         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 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.

  1.         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.
  1.         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 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 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.
  1.         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.
  1.         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.
  1.           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.

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 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;

(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.

  1.         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.

 

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;

(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 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;

(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.

  1. 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 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.
  1.         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.

Article 180: Negative Clearance Rulings

  1.         In any case where a Member State is uncertain whether business conduct 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.
  1.         Subject to paragraph 3, a negative clearance ruling shall be conclusive of the matters stated therein in any judicial proceedings in the Community.
  1.         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 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;

(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.

  1.         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, that:

  1.         An enterprise shall not be treated as abusing its dominant position if it establishes

(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 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 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;

(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.

  1.         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.

  1.         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.
  1.         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;

(b) imposes  on  the  enterprises  affected  only  such  restrictions  as  are indispensable to  the  attainment  of  the  objectives  mentioned  in  sub- paragraph (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 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.
  1.         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.
  1.         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.
  1.         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.
  1.         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.

  1.         Nothing in this Article shall prejudice the right of the Member State to initiate proceedings before the Court at any time.
  1.         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 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.
  1.         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.
  1.         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.
  1.         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.

  1.         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.
  1. 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.

  1.         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.
  1.          At the conclusion of an enquiry, the Commission shall notify the interested parties of its determination.
  1.         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.
  1.       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.
  1.       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.
  1.       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.

 

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.
  1.         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.

  1.         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.
  1.         The Commission shall, to the extent required to remedy or penalise anti-competitive business conduct referred to in Article 177:

(b) order the termination or nullification as the case may require, of agreements, conduct, activities or decisions prohibited by Article 170;

(c) 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;

(i)         order payment of compensation to persons affected; and

(j)         impose fines for breaches of the rules of competition.

  1.         The Commission may enter into such arrangements for the provision of services as may be necessary for the efficient performance of its functions.
  1.         The Member States shall enact legislation to ensure that determinations of the Commission are enforceable in their jurisdictions.
  1.         The Commission may establish its own rules of procedure.

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.

  1.         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;

(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.

  1.         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 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.
  1.         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.
  1.         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.
  1.         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.
  1.         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.
  1.         A Commissioner 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.
  1.         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.
  1.         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 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.

  1.         Every Member State shall establish and maintain a national competition authority for the purpose of facilitating the implementation of the rules of competition.
  1.         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.

  1.          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.
  1.         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 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.

  1.         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 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 177duly 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 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.
  1.         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.
  1.         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 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.

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.
  1.         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.

  1.         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 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.
  1.         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.

  1. 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.

  1.         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.
  1.        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 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 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.
  1.         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 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 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 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.
  1.         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.
  1.         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.

  1.         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.
  1.         COTED, in authorising the suspension mentioned in paragraph 1 of this Article may impose terms and conditions for the grant of the suspension.
  1.         COTED shall monitor the progress of the industry concerned and undertake a periodic review.

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.
  1.         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.
  1.         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 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.
  1.         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 sub-paragraph

(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 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.
  1.         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 sub-paragraph

(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 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.