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REVISED TREATY OF CHAGUARAMAS ESTABLISHING THE CARIBBEAN COMMUNITY INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY*

INDEX

PREAMBLE  


CHAPTER ONE
Article 1 - Use of Terms

PRINCIPLES

Article 2 - Establishment of the Community
Article 3 - Membership
Article 4 - Less Developed Countries and More Developed Countries
Article 5 - Modification of the Status of Member States
Article 6 - Objectives of the Community
Article 7 - Non-Discrimination
Article 8 - Most Favoured Nation Treatment
Article 9 - General Undertaking on Implementation
 

CHAPTER TWO INSTITUTIONAL ARRANGEMENTS

Article 10 - Organs of the Community
Article 11 - Composition of the Conference
Article 12 - Functions and Powers of the Conference 
Article 13 - The Community Council of Ministers 
Article 14 - The Council for Finance and Planning  
Article 15 - The Council for Trade and Economic Development  
Article 16 - The Council for Foreign and Community Relations 
Article 17 - The Council for Human and Social Development 
Article 18 - Bodies of the Community
Article 19 - Composition and Functions of Bodies of the Community
Article 20 - Co-operation by Community Organs
Article 21 - Institutions of the Community

Article 22 - Associate Institutions of the Community
Article 23 - The Secretariat
Article 24 - The Secretary-General
Article 25 - Functions of the Secretariat
Article 26 - The Consultative Process
Article 27 - Common Voting Procedures in Community Organs and Bodies
Article 28 - Voting in the Conference
Article 29 - Voting in the Community Council and Ministerial Councils
 

CHAPTER THREE ESTABLISHMENT, SERVICES, CAPITAL AND MOVEMENT OF COMMUNITY NATIONALS

Article 30 - Scope of Application
Article 31 - Treatment of Monopolies
Article 32 - Prohibition of New Restrictions on the Right of Establishment
Article 33 - Removal of Restrictions on the Right of Establishment
Article 34 - Management of Removal of Restrictions on the Right of   Establishment
Article 35 - Acceptance of Diplomas, Certificates, and other Evidence of Qualifications
Article 36 - Prohibition of New Restrictions on the Provision of Services
Article 37 - Removal of Restrictions on Provision of Services

Article 38 - Removal of Restrictions on Banking, Insurance and Other Financial
                 Services

Article 39 - Prohibition of New Restrictions on Movement of Capital and Current
                 Transactions
Article 40 - Removal of Restrictions on Movement of Capital and Current Transactions
Article 41 - Authorisation to Facilitate Movement of Capital

Article 42 - Co-ordination of Foreign Exchange Policies and Exchange of Information
Article 43 - Restrictions to Safeguard Balance-of-Payments
Article 44 - Measures to Facilitate Establishment, Provision of Services and Movement
                 of Capital

Article 45 - Movement of Community Nationals
Article 46 - Movement of Skilled Community Nationals
Article 47 - Restrictions to Resolve Difficulties or Hardships Arising from the Exercise of
                 Rights
Article 48 - Waiver of Obligations to Grant Rights
Article 49 - Special Provisions for Less Developed Countries

Article 50 - Accelerated Implementation

CHAPTER FOUR POLICIES FOR SECTORAL DEVELOPMENT

PART ONE - INDUSTRIAL POLICY

Article 51 - Objectives of the Community Industrial Policy
Article 52 - Implementation of Community Industrial Policy
Article 53 - Micro and Small Economic Enterprise Development
Article 54 - Development of the Services Sector
Article 55 - Sustainable Tourism Development

PART TWO - AGRICULTURAL POLICY

Article 56 - The Community Agricultural Policy
Article 57 - Implementation of the Community Agricultural Policy
Article 58 - Natural Resource Management
Article 59 - Marketing of Agricultural Products
Article 60 - Fisheries Management and Development
Article 61 - Forest Management and Development
Article 62 - Saving

PART THREE - COMMON SUPPORTIVE MEASURES

Article 63 - Human Resources Development
Article 64 - Research and Development
Article 65 - Environmental Protection
Article 66 - Protection of Intellectual Property Rights
Article 67 - Standards and Technical Regulations
Article 68 - Community Investment Policy
Article 69 - Harmonisation of Investment Incentives
Article 70 - Macro-Economic Policies
Article 71 - Financial Infrastructure
Article 72 - Double Taxation Agreements
Article 73 - Industrial Relations
Article 74 - Legal Infrastructure  
Article 75 - Development of Social Infrastructure
Article 76 - Role of Public Authorities 
Article 77 - Special Provisions for Less Developed Countries
 

CHAPTER FIVE TRADE POLICY

PART ONE - PRELIMINARY

Article 78 - Objectives of the Community Trade Policy
Article 79 - General Provisions on Trade Liberalisation 
Article 80 - Co-ordination of External Trade Policy
Article 81 - Deposit of Agreements with Third Countries

PART TWO - TRADE LlBERALISATION

Article 82 - Establishment of Common External Tariff
Article 83 - Operation of the Common External Tariff
Article 84 - Community Rules of Origin  
Article 85 - Export Promotion
Article 86 - Freedom of Transit
Article 87 - Import Duties
Article 88 - Prohibition of Export Duties
Article 89 - Export Drawback
Article 90 - Internal Taxes and Other Fiscal Charges
Article 91 - Quantitative Restrictions
Article 92 - Difficulties Occasioned by Particular Imports
Article 93 - Government Assistance to Economic Development 
Article 94 - Public Undertakings
Article 95 - Co-operation in Customs Administration

PART THREE - SUBSIDIES

Article  96 - Determination of a Subsidy
Article  97 - Types of Subsidies
Article  98  - Entitlement to Take Action Against Subsidised Products
Article  99  - Prohibited Subsidies 
Article 100 - Preliminary Investigation of Prohibited Subsidies
Article 101 - Request for Consultations Relating to Prohibited Subsidies
Article 102 - Reference to COTED to Investigate Prohibited Subsidies
Article 103 - Investigation by COTED of Prohibited Subsidies
Article 104 - Withdrawal of Prohibited Subsidies
Article 105 - Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice
Article 106 - Preliminary Investigation of Subsidies Causing Injury, Nullification,
                   Impairment or Serious Prejudice 
Article 107 - Request for Consultations Relating to Subsidies Causing Injury,
                   Nullification, Impairment or Serious Prejudice
Article 108 - Reference to COTED to Investigate Subsidies Causing Injury, Nullification,
                   Impairment or Serious Prejudice
Article 109 - Investigation by COTED of Subsidies Causing Injury, Nullification,
                   Impairment or Serious Prejudice
Article 110 - Consequences of Failure to Remove Subsidies Causing Injury,
                   Nullification, Impairment or Serious Prejudice
Article 111 - Types of Subsidies Causing Serious Adverse Effects
Article 112 - Preliminary Investigation of Subsidies Causing Serious Adverse Effects
Article 113 - Request for Consultations Relating to Subsidies Causing Serious Adverse
                   Effects
Article 114 - Investigation by COTED of Subsidies Causing Serious Adverse Effects
Article 115 - Consequences of Failure to Eliminate or Establish Adverse Effects of
                   Subsidies
Article 116 - Imposition of Provisional Measures and Countervailing Duties

PART FOUR -
SUBSIDIES TO AGRICULTURE

Article 117 - Definition
Article 118 - Rights
Article 119 - Obligations
Article 120 - Regulation
Article 121 - Discipline
Article 122 - Due Restraint
Article 123 - Notification
Article 124 - Review

PART FIVE - DUMPING

Article 125 - Action Against Dumping
Article 126 - Determination of Dumping
Article 127 - Determination of Injury
Article 128 - Definition of Domestic Industry
Article 129 - Initiation of Preliminary Investigations
Article 130 - Provisional Measures
Article 131 - Conduct of Investigations leading to Definitive Determination of Injury
Article 132 - Co-operation by Competent Authorities and Interested Parties
Article 133 - Imposition of Anti-Dumping Measures
 

CHAPTER SIX TRANSPORT POLICY

Article 134 - Objectives of the Community Transport Policy
Article 135 - Implementation of Community Transport Policy
Article 136 - Search and Rescue
Article 137 - Intra-Community Transport Services
Article 138 - Development of Air Transport Services
Article 139 - Aircraft Accident and Incident Investigation
Article 140 - Development of Maritime Transport Services
Article 141 - Special Status of the Caribbean Sea

 

CHAPTER SEVEN DISADVANTAGED COUNTRIES, REGIONS AND SECTORS

PART ONE - PRELIMINARY

Article 142 - Scope of Application
Article 143 - Objective of the Regimes
Article 144 - Implementation of Measures
Article 145 - Review of Measures

PART TWO - REGIME FOR DISADVANTAGED COUNTRIES, REGIONS AND SECTORS

Article 146 - Measures to Redress Disadvantage Arising from Economic Dislocation
Article 147 - Promotion of Investment
Article 148 - Measures Relating to the Services Sector
Article 149 - Measures Relating to the Right of Establishment
Article 150 - Safeguard Measures
Article 151 - Support for Sensitive Industries
Article 152 - Public Undertakings
Article 153 - Use of Technological and Research Facilities in Member States
Article 154 - Promotion of Development
Article 155 - Special Provisions for Guyana
Article 156 - Application of the Special Regime to Highly-Indebted Poor Countries
Article 157 - Technical and Financial Assistance
Article 158 - The Development Fund
Article 159 - Saving

PART THREE - SPECIAL REGIME FOR LESS DEVELOPED COUNTRIES

Article 160 - Import Duties
Article 161 - Community Origin
Article 162 - Incentive Regimes
Article 163 - The Common External Tariff
Article 164 - Promotion of Industrial Development
Article 165 - Public Undertakings
Article 166 - Use of Technological and Research Facilities
Article 167 - Special Provisions for Belize

CHAPTER EIGHT COMPETITION POLICY AND CONSUMER PROTECTION

PART ONE - RULES OF COMPETITION

Article 168 - Scope of Chapter
Article 169 - Objectives of Community Competition Policy
Article 170 - Implementation of Community Competition Policy
Article 171 - Establishment of the Competition Commission
Article 172 - Composition of the Commission 
Article 173 - Functions of the Commission
Article 174 - Powers of the Commission
Article 175 - Determination of Anti-Competitive Business Conduct: Procedure of
                   Commission on Request
Article 176 - Determination of Anti-Competitive Business Conduct: Procedure of
                   Commission Proprio Motu  
Article 177 - Prohibition of Anti-Competitive Business Conduct
Article 178 - Determination of Dominant Position
Article 179 - Abuse of a Dominant Position
Article 180 - Negative Clearance Rulings
Article 181 - De Minimis Rule 
Article 182 - Powers of the COTED  Respecting Community Competition Policy and
                   Rules
Article 183 - Exemptions

PART TWO - CONSUMER PROTECTION

Article 184 - Promotion of Consumer Interests in the Community
Article 185 - Protection of Consumer Interests in the Community
Article 186 - Action by the Commission to Provide Support in the Promotion of
                  Consumer Welfare and Protection of Consumer Interests
 

CHAPTER NINE DISPUTES SETTLEMENT

Article 187 - Scope of the Chapter 
Article 188 - Modes of Dispute Settlement
Article 189 - Expeditious Settlement of Disputes
Article 190 - Notification of Existence and Settlement of Disputes
Article 191 - Good Offices
Article 192 - Mediation 
Article 193 - Obligation to Enter Consultations
Article 194 - Obligations of Consulting Parties
Article 195 - Initiation of Conciliation Proceedings
Article 196 - Establishment of a List of Conciliators
Article 197 - Constitution of Conciliation Commission
Article 198 - Amicable Settlement  
Article 199 - Functions of Conciliation Commission
Article 200 - Procedures
Article 201 - Report
Article 202 - Termination
Article 203 - Fees and Expenses
Article 204 - Arbitration
Article 205 - Constitution of the List of Arbitrators
Article 206 - Constitution of Arbitral Tribunal
Article 207 - Rules of Procedure of Arbitral Tribunal
Article 208 - Third Party Intervention
Article 209 - Additional Information from Experts
Article 210 - Expenses of Arbitral Tribunal
Article 211 - Jurisdiction of the Court in Contentious Proceedings
Article 212 - Advisory Opinions of the Court
Article 213 - Institution of Proceedings
Article 214 - Referral to the Court
Article 215 - Compliance with Judgments of the Court
Article 216 - Compulsory Jurisdiction of the Court
Article 217 - Law to be applied by the Court in the Exercise of its Original Jurisdiction
Article 218 - Application for Interim Measures
Article 219 - Revision of Judgments of the Court in the Exercise of its Original
                  Jurisdiction
Article 220 - Rules of Court Governing Original Jurisdiction
Article 221 - Judgment of the Court to Constitute Stare Decisis
Article 222 - Locus Standi of Private Entities
Article 223 - Alternative Disputes Settlement
Article 224 - General Undertaking
 
CHAPTER TEN GENERAL AND FINAL PROVISIONS

Article 225 - Security Exceptions
Article 226 - General Exceptions
Article 227 - Notification
Article 228 - Legal Capacity of the Community
Article 229 - Privileges and Immunities of the Community
Article 230 - Negotiation and Conclusion of Agreements
Article 231 - Associate Membership
Article 232 - Signature
Article 233 - Ratification
Article 234 - Entry Into Force
Article 235 - Registration
Article 236 - Amendments
Article 237 - Reservations 
Article 238 - Accession
Article 239 - Undertaking
Article 240 - Saving

   
ANNEX I DEFINITION OF DOMESTIC INDUSTRY
(Paragraph 5 of the Article 100)
ANNEX II CONSULTATIONS
(Paragraph 3 of Article 98)
 
ANNEX III (a)   ILLUSTRATIVE LIST OF INFORMATION
(Required by Articles 100, 106 and 112)
 
ANNEX III (b) ILLUSTRATIVE LIST OF INFORMATION
(Required by Article 129)
 
ANNEX IV PRODUCT COVERAGE 
(Paragraph 2 of Article 117)
 
ANNEX V

 
OATH OF OFFICE OF JUDGES OF THE COURT
 
SCHEDULE I LIST OF CONDITIONS TO BE COMPLIED WITH AS PROVIDED UNDER ARTICLES 84 OF THE TREATY AND THE RULES REGARDING COMMUNITY ORIGIN
 

 
EXPLANATORY NOTE
PART (a) - THE LIST

 
PART  (b) - RULES REGARDING COMMUNITY ORIGIN
 

Rule 1 - Interpretative Provisions
  Rule 2 - Goods wholly produced within the Community
  Rule 3 - Application of the criterion of substantial transformation
  Rule 4 - Unit of Qualification
  Rule 5 - Segregation of materials
  Rule 6 - Treatment of repaired goods
  Rule 7 - Treatment of Packing
  Rule 8 - Documentary Evidence
  Rule 9 - Verification of Evidence of Origin
  Rule 10 - Application of the Safeguard Mechanism
  Rule 11 - Sanctions
 
SCHEDULE II MARKETING ARRANGEMENTS FOR UNREFINED CANE SUGAR
 
SCHEDULE III DEVELOPMENT OF THE OILS AND FATS SUB-SECTOR
 
  Preambule
  Part I - Preliminary
  Part II - Scope of the Schedule
  Part III - Implementation of the Schedule
  Part IV - Regulation of Inputs in the Community
   
APPENDIX I - ANCILLARIES

APPENDIX II - SUBSTITUTES
 
SCHEDULE IV PROTECTION OF GUYANESE PETROLEUM PRODUCTS
SCHEDULE V GOVERNMENT ASSISTANCE
  * © 2001 CaribbeanCommunity (CARICOM) Secretariat