|
OBJECTIVE |
INSTRUMENTS RESPONDING |
STATUS |
COMMENTS |
|
REVISION OF THE TREATY |
Protocol I |
In force. |
|
|
Protocol II |
In force. |
|
|
Protocol III |
Montserrat to declare Provision
Application. |
|
|
Protocol IV |
In force. |
|
|
Protocol V |
Montserrat to declare Provision
Application. |
|
|
Protocol VI |
Montserrat to sign and declare Provision
Application. |
|
|
Protocol VII |
In force. |
|
|
Protocol VIII |
Montserrat to sign and all Member States
except Belize to declare Provision Application. |
|
|
Protocol IX |
Montserrat to sign and all Member States
except Belize to declare Provisional Application. |
|
|
Revised Treaty |
Nine Member States have signed - Antigua
and Barbuda, Barbados, Belize, Guyana, Jamaica, St. Kitts and Nevis,
St. Vincent and the Grenadines, Suriname and Trinidad and Tobago. |
|
|
Protocol on Provisional Application of
the Revised Treaty |
Signed by all Member States except
Montserrat |
|
|
Protocol on the Revision of the Treaty |
Signed by all Member States except
Montserrat |
|
|
New Issues: |
|
|
|
E-Commerce |
Study completed. |
Secretariat to convene Meeting of
Regional Officials to develop proposals toward formulation of
regional strategy for e-commerce |
|
Trade with Free Zones |
Resources to be identified. |
Resources to be identified to undertake
study. |
|
Free Circulation |
Resources to be identified. |
Resources to be identified to undertake
study. |
|
Government procurement |
Study in Train. |
|
|
Rights Contingent to Free Movement of
Persons |
Additional resources to be identified. |
|
|
GOVERNANCE AND INSTITUTIONAL DEVELOPMENT |
|
|
|
|
Effective Decision- Making and
Implementation |
Restructured Organs and Institutions: |
All functioning. |
|
|
Political and Policy Making Entities
(Conference, Community Council, Ministerial Councils, Two Prime
Ministerial Sub-Committees and The Bureau). |
|
Prime Ministerial Sub-Committee on the
CSME established in 2001. |
|
Consultative Political Structures:
(i) Assembly of Caribbean Community of Parliamentarians |
|
|
|
(ii) Quasi-Cabinet |
Antigua and Barbuda
- Services (including Information Technology and
Telecommunications). |
Lead countries for various components to
play more active roles. |
|
The Bahamas
- Tourism (including Land, Cruise, Suva Partnership Agreement
Provisions etc.). |
|
Barbados
- CSME. |
|
Belize
- Sustainable Development (including Environment and Disaster
Management). |
|
Dominica
- Labour (including intra-community movement of skills). |
|
Grenada
- Science and Technology. |
|
Guyana
- Agriculture and Agricultural Diversification and Food Security
(including the Regional Transformation Programme. |
|
Jamaica
- External Negotiations. |
|
Montserrat
- will work closely with Belize given its special interest in
disaster management. |
|
St. Kitts and Nevis
- Health (including HIV/AIDS), and Human Resource Development. |
|
Saint Lucia
- Justice and Governance. |
|
St. Vincent and the Grenadines
- Bananas and Transport (Maritime and Aviation). |
|
Suriname
- Community Development and Cultural Cooperation (including Culture,
gender, youth and sport). |
|
Trinidad and Tobago
- Security (Drugs and Illicit Arms). |
|
Technical Bodies: |
All are functioning |
|
|
Committee of Central Bank Governors.
Legal Affairs Committee. Budget Committee. |
|
|
|
National Structures: |
|
|
|
- Political Portfolio of Minister with
Responsibility for CARICOM Affairs |
In place in all States. |
|
|
- CEO, Ministry of CARICOM Affairs |
Not in place in all Member States. |
|
|
- National Consultative Process
(Protocol I) |
Requires development in most States. |
Not working in most States. |
|
- Inter-Ministerial Consultative
Committee |
|
|
|
- Business and Labour Advisory Committee |
|
|
|
Administrative Organs: |
|
|
|
Caribbean Community Secretariat |
Arrangements for establishment of
specialised CCS/CSME Unit in train. |
CCS needs greater capacity in some
areas. |
|
Regional Institutions for the
Functioning of the CSME - Caribbean Court of Justice |
Ten Member States have signed the
Agreement. |
Needs capitalisation of Trust funds. |
|
Community Competition Commission |
Not yet established. |
Study in train. |
|
|
Caribbean Regional Organisation For
Standards and Quality (CROSQ) |
Inter-Governmental Agreement signed by
eleven (11) Member States - Antigua and Barbuda, Barbados, Belize,
Grenada, Guyana, Jamaica, Saint Lucia, St. Kitts and Nevis, St.
Vincent and the Grenadines, Suriname, Trinidad and Tobago. |
Agreement now provisionally applied
among signatory States.
Dominica and Montserrat to sign.
|
|
FREE MOVEMENT OF GOODS - |
|
|
|
|
Full Liberalisation of Intra-Regional
trade in goods. |
Removal of Quantitative Restrictions
prohibited under Protocol IV. |
Effective with few exceptions where some
Member States maintain unauthorised restrictions on a few items. |
Belize- revenue replacement tax, Guyana
and Grenada- discriminatory environmental tax, St. Vincent- import
licences. |
|
Common External Tariff (CET) |
Law to administer the CET is in place in
all States. |
Effective in all Member States. Rules
revised in 1996, consistent with the revision of the Harmonised
Classification System. |
| |
Reduction of CET by an Agreement of
Heads in 1992 to 40% agriculture and 20 % for non-agriculture
products. This is the Fourth Phase Implementation Plan. |
Antigua and Barbuda and Suriname and St.
Kitts and Nevis to implement the Fourth Phase. An ongoing review of
tax policy of St. Kitts and Nevis is taking place to determine the
manner in which it would be able to manage a regime of reduced
tariffs. Montserrat to regularise its implementation of the Fourth
Phase. |
|
Mechanism for Suspension of CET. |
COTED and Secretary-General maintain
administrative authority. |
Mechanism Working. |
|
Mechanism for Safeguard Certificate. |
Secretary-General activates on request. |
Mechanism working. |
|
Common Regional Origin Certificate. |
In force under customs Act in all
States. |
Mechanism working. |
|
Mechanism for Verification of Origin. |
Secretary-General activates on request. |
Not frequently used. The procedures for
activating the mechanism is currently being strengthened. |
|
Internal Taxes and Other charges. |
Not Harmonised. |
Major area for future work to be done. |
|
Taxation of Temporary Service Providers
under Protocol II. |
Issue to be considered in context of
Protocol II |
Major area for future work to be done. |
|
Protocol VIII permits action against - |
|
|
|
Dumping |
Model legislation being prepared by the
CCS. First Draft is ready. Jamaica and Trinidad and Tobago already
have modern anti-dumping law. |
|
|
Subsidies (Export subsidies prohibited) |
States without modern law expected to
use the model legislation. |
All States except Guyana must remove
subsidies after 1 January 2003. |
|
Harmonised Customs Law |
Drafting of 21 modules of modern Customs
Legislation completed. States to implement. |
Member States yet to take action to
implement. |
|
Regime for application of Common
Standards for Trade in Goods . |
There are 27 Mandatory and 18 Voluntary
standards in operation. 4 additional standards are in the process of
development. Creation of expanded standards programme. |
Examples of standards in operation
include: edible oils, fats and margarine, brown sugar, toilet and
laundry soap, paint, canned vegetables, rice and matches. |
|
Common Market Standards Council being
Replaced by the CARICOM Regional Organisation for Standards and
Quality (CROSQ). |
Inter-Governmental Agreement signed by
Nine (9) Member States. |
Agreement being Provisionally Applied. |
| |
Secretariat to be established.
Recruitment of staff and commissioning. |
To take effect in Barbados after signing
of Agreement. |
|
Sanitary Legislation/Regulations. |
No harmonised system. There is Draft
Sanitary Legislation. Member States are expected to implement. |
Each Member State has its own
legislation. |
|
Phyto-sanitary Legislation/Regulations. |
Phyto-sanitary legislation not yet
developed. |
|
|
Trade in Goods From Free Zones. |
Policy and principles are being
developed. A specific Protocol to deal with the treatment of Goods
from Free Zones may have to be developed. A Study to compare
incentives in Free Zones and Customs Territory to be undertaken to
conclude policy and principles. |
Task Force
established to determine the Terms and Conditions under which
CARICOM Free Zones products may be traded in the CSME. The Task
Force has developed categorisations of goods traded from free zones.
Task Force has also developed
proposals for the treatment of goods shipped through and shipped
from Free Zones.
Resources being sought. |
|
Free Circulation |
Member States have agreed Study
necessary to determine the feasibility of implementation of Free
Circulation. |
Resources
being sought. Development of a regime for Free Circulation will
complete Customs Union. The legal, institutional and administration
framework will have to be developed if so determined. |
|
ESTABLISHMENT |
Standstill on New Restrictions: |
|
|
|
Right to establish commercial presence
anywhere in the CSME enforceable under Protocol II |
National Treatment. |
|
Companies owned by CARICOM nationals
(50% and more equity) and companies substantially controlled by
CARICOM Nationals (power to name majority of directors and legally
direct company). |
|
Right of Establishment given to:
Companies; CARICOM Nationals (including managerial, supervisory and
technical staff, spouses and dependants) engaged in the following
non-wage earning activities: industrial (includes agricultural), artisanal, commercial and professional. |
|
Free movement of managerial, technical
and supervisory staff of economic enterprises (including spouses and
dependants). To acquire land, buildings and other property |
|
Removal of Restrictions |
States prohibited from introducing new
restrictions. |
Restrictions have been identified. |
| |
Remove all existing restrictions on the
Right of establishing companies, subsidiaries or branches. Schedules
for removal of restrictions confirmed by Antigua and Barbuda,
Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, St. Kitts and
Nevis, St. Vincent and the Grenadines and Suriname. |
The timetable for the removal of
restrictions to be notified by St. Lucia and Trinidad and Tobago.
Montserrat granted two-year derogation from its obligation to
implement Programmes. |
|
CSME Regional System of Company
Registration required. |
No Action. Research Paper and convening
of Meeting of Registrars. |
Policy/Institutional/Administration/feasibility study required. |
|
Updated company legislation required |
Model legislation done. Implemented in
some Member States. |
Further research and analysis required. |
|
Corporate Taxation |
Principal elements of Harmonisation
negotiated.
Model Legislation to be prepared. |
|
| |
Monopolies |
States to modify existing law or enact Model Law.
States have the discretion to determine whether a monopoly both
public and private should be maintained or created to serve the
public interest. |
Both
public and private sector monopolies are allowed.
Where a monopoly is operating,
non-discriminatory treatment must be afforded to CARICOM nationals
to participate in or receive services |
| |
Establishment of Cross Border companies. |
40 CARICOM companies have establishments
outside of their home State |
Trinidad & Tobago has 16 companies with overseas locations.
Top 10 companies have as many as 5 or more locations. |
|
SERVICES |
|
|
|
|
Full Liberalisation of Trade in Services |
Negative List Approach
Prohibition of new restrictions
(standstill) |
No restrictions exist on:
Transport via space
(663).
Specialty design services
( 813).
Advertising services
(836).
Market research and opinion
polling(837) |
Restrictions have been identified in all Member States.
Schedule for removal of restrictions confirmed by Antigua and
Barbuda, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, St.
Kitts and Nevis, St. Vincent and the Grenadines and Suriname.
St. Lucia and Trinidad and Tobago to notify.
Montserrat granted two-year derogation.
When disaggregated, many specific services are included under these.
There is no evidence that new restrictions have been introduced
since 1998. |
| |
Photographic and photography processing
(838)
Other professional, scientific and
technical services (853)
Packaging services (854)
Installation services other than
construction (856)
Sanitation (943)
Other environmental protection services
(949)
Washing, cleaning and dying services
(971)
This means that free trade can and
should proceed in these services. |
If they are, they are illegal and would
have to be discontinued.
Work permit needs to be waived in favour of
natural persons providing these services whether these are :
-
Industrial, commercial, professional or artisanal
service providers.
-
Temporary service providers
-
Managerial, technical or supervisory
personnel.
-
Graduates, musicians, sportsmen,
artistes.
|
|
Remove restrictions that exist. Enact
enabling legislation (repeal/amend) except those involving the
exercise of governmental authority. |
Study to identify all restrictions
completed in November 2000. |
|
| |
Working Group on Services negotiations
established. |
|
| |
Study to develop approach to removal of
restrictions completed in Member States - June 2001. |
|
|
Seek GATS compliance. |
Required to notify WTO on Protocol II
and Programmes to remove restrictions. |
Needs consideration of harmonised
removal agenda in some areas. |
| |
Cross Border Trade
80 restrictions |
Technical and political negotiations on
going. |
|
Temporary service providers. |
Movement of Natural Persons
279 restrictions identified Region wide. |
Technical and political negotiations
on-going. |
| |
|
Work permit problems. |
| |
|
Also problems of:
Qualifications
Standards
Accreditation
Recognition |
|
Permanent service providers, managerial,
supervisory and technical staff, spouses and dependants. |
Establishment of Commercial Presence
300 restrictions identified Region wide. |
Technical and political negotiations
on-going. Problem with spouses/
dependents.
Technical and political negotiations
on-going. |
|
Natural persons. |
|
Technical and political negotiations
on-going. |
|
Companies. |
|
Technical and political negotiations
on-going. |
|
Legal Regime for Trade in Services |
Documents not drafted.
To recruit consultant to construct
regime on Trade in Services. |
Expected to be drafted during second
quarter of 2002. |
| |
|
The timetable for implementation/
enactment to be decided at completion of negotiations. |
|
FREE MOVEMENT OF CAPITAL |
Convertibility of currencies |
Only fixed rate currencies are
convertible. |
|
|
Removal of Exchange Controls |
Barbados, Belize and OECS countries have
specific limits on amounts transferable without permission. |
Guyana, Jamaica and Trinidad and Tobago
have abolished exchange controls. |
|
Convergence of Macro-economic policy and
performance. |
COFAP currently strengthening mechanisms
to enable review and recommendations. |
|
|
Regional Stock Exchange with Cross
listing and trading in securities on existing stock exchanges. |
Barbados, Jamaica and Trinidad and
Tobago remain the only countries comprising the Regional Stock
Market. |
The
Bahamas, Barbados, Jamaica and Suriname, Trinidad and Tobago and the
OECS have stock exchanges.
Guyana and Belize to establish stock exchanges.
Needs legislative framework.
|
|
Establishment of a Regional Equity/
Venture Capital Fund. |
Caribbean Investment Fund (CIF) in
place. |
|
|
FREE MOVEMENT OF PEOPLE |
Facilitation of Travel: |
|
|
|
Elimination of need for passport. |
Immigration Officials continuing their
deliberations. |
Issuance of a CARICOM ID by 2003 for
intra-regional travel. |
|
Elimination of need for visa. |
The Bahamas and St. Kitts and Nevis
require visas for Suriname Nationals and Suriname requires visas for
Nationals of the Bahamas. |
St. Kitts and Nevis administratively
facilitates entry for Suriname nationals. |
|
Common Lines. |
Effective in most Member States; except
Trinidad and Tobago and The Bahamas. |
|
|
CARICOM E/D Forms. |
Immigration Officials agreed on core
elements for a revised CARICOM E/D Form. |
|
|
CARICOM Passport. |
Technical Proposal developed.
|
Main issue now is the need to make the
CARICOM Passport attractive to general public. |
|
Free Movement of Skills |
|
|
|
Eliminate Work permits for: |
|
|
|
University Graduates. |
Caribbean Community Skilled National
Bill: Enacted in all States except Montserrat and Suriname |
|
|
Media Workers. |
Categories defined and legislation in
place in Belize, Guyana, Jamaica and St. Vincent and the Grenadines. |
Requires legislation by other Member
States. |
|
Artistes/Musicians. |
Categories defined and legislation in
place in Belize, Guyana, Jamaica, and St. Vincent and the Grenadines |
Requires legislation by other Member
States. |
|
Sports Persons. |
Categories defined and legislation in
place in Belize, Guyana Jamaica and St. Vincent and the Grenadines. |
Requires legislation by other Member
States. |
|
Acceptance of Diplomas, Certificates and
other Evidence of Qualifications |
Establishment of a CSME Accreditation
System |
|
|
Establishment of National Accreditation
Agencies as at May 2001: |
|
|
Fully Functioning Bodies
Jamaica and
Trinidad and Tobago (in process of integrating Academic and TVET)
|
|
|
Limited Functions in St. Kitts and Nevis
(off-shore institutions). |
|
|
In the process of establishing:
Barbados, Saint Lucia, The Bahamas,
Belize, Guyana and Suriname. |
|
|
OECS to advise if sub-regional agency
will be established. |
|
|
Establishment of harmonised standards
and measures for accreditation and mutual recognition of
qualifications. |
Work is about to start in Services
Sectors - Engineering, Land Surveying, Tourism, Information
Technology and Agriculture.
Resources approved for regional
accreditation body. |
|
|
Agreement on transference of Social
Security Benefits |
Agreement entered into force on 1 April
1997 and is applicable to thirteen Member States excluding Suriname.
Social Security transfers being done by Trinidad and Tobago and
Barbados. |
Thirteen Member States have signed, including The Bahamas. Suriname
is yet to sign. It should be noted that Suriname does not have a
Social Security System similar in nature to the other CARICOM
Members.
Twelve have
ratified. The Bahamas and Suriname to ratify. |
| |
National legislation on transference of
Social Security benefits enacted in all States except: Dominica
Saint Lucia Suriname |
Forms and procedures to pay benefits
developed, approved, and in use. |
|
LEGAL ENVIRONMENT AND UNIFORM
LEGISLATION |
Establishment of the Caribbean Court of
Justice. |
Signed by all Member States, except two. |
|
|
Harmonisation of Legislation in respect
of: |
|
|
|
Restrictive Business Practices |
Drafting of Model Legislation has been
commissioned. |
Required by Rules of Competition under
Protocol VIII. |
|
Consumer Protection |
Drafting of Model Legislation has been
commissioned. |
First inclusion in Treaty. Promotes fair
trade and protects consumer's interests. |
|
Banking and Securities |
No action. |
|
|
Intellectual Property Rights: |
COTED established a Task Force which met
twice. |
Property right is a complex legal issue.
There is no straightforward way to reach the stage of drafting
legislation. |
|
Regional Administration for patents,
trademarks and copyrights. |
Task Force began work on identification
of areas for harmonisation of legislation. |
|
|
Harmonised Intellectual property Rights
Law. |
No Action: Task Force has not made
progress. |
Study on Regional Regime for Trade in
Intellectual Property needs funding. |
|
Commercial Arbitration |
No Action. |
|
|
Taxation: |
|
|
|
Corporate and other forms of Direct
Taxation |
Progress made. Agreement on elements for
corporate taxation harmonisation. |
Needs development of an implementing
Protocol. |
|
Double Taxation |
Agreement signed and ratified by eleven
Member States excluding Montserrat and Suriname |
Montserrat and Suriname to sign and
ratify. |
| |
Legislation enacted in 7 Member States
-Antigua and Barbuda, Barbados, Belize, Guyana, Jamaica, St. Vincent
and the Grenadines and Trinidad and Tobago |
Dominica, Grenada, St. Kitts and Nevis,
Saint Lucia and Suriname to enact national legislation. |
|
Indirect taxes |
No action |
Requires major policy study. |
|
MONETARY INTEGRATION |
Establishment of a Monetary Union and a
Single Currency |
Committee of Central Bank Governors
responsible for keeping implementation of agreed indicators under
review. |
|
|
COMMON EXTERNAL ECONOMIC & TRADE POLICY |
|
|
|
| |
Widening Market Area (Market Access 75
million consumers), CARICOM 6, Haiti 8, Dominican Republic 7,
Colombia 32, Venezuela 22, Cuba 10. |
Admission of Haiti.
Negotiations of Bi-laterals.
Association of Caribbean States. |
Bi-laterals with: Cuba, Colombia,
Dominican Republic, Venezuela. |
| |
|
|
In progress are measures to implement:
trade, transportation and tourism to provide |
| |
Common Instruments, Services and Joint
regulation/administration of external commerce. |
CET and Rules of Origin in place. |
|
| |
Restraint on use of QR's against
non-members of CARICOM |
|
States retain right to maintain
restrictions by QR's. |
| |
Common Negotiating Strategies |
Prime-Ministerial Sub-Committee on
External Negotiations has responsibility. |
|
| |
|
Regional Negotiating Machinery (RNM)
established. |
|
| |
|
Areas for action are determined by the
Conference, as in the FTAA , the WTO built-in Agenda and Bi-lateral
agreements. |
|
