| Index |
|
| Preamble |
|
|
|
Article 1 |
Use of Terms |
|
| CHAPTER ONE |
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 |
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Article 15 |
The Council for Trade and Economic Development |
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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 |
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Article 32 |
Prohibition of New Restrictions on the Right of Establishment |
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Article 33 |
Removal of Restrictions on the Right of Establishment |
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Article 34 |
Management of Removal of Restrictions on the Right of Establishment |
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Article 35 |
Acceptance of Diplomas, Certificates, and other Evidence of Qualifications |
|
Article 36 |
Prohibition of New Restrictions on the Provision of Services |
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Article 37 |
Removal of Restrictions on Provision of Services |
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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 |
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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 |
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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 |
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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 |
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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 |
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Article 85 |
Export Promotion |
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Article 86 |
Freedom of Transit |
|
Article 87 |
Import Duties |
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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 |
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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 |
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Article 103 |
Investigation by COTED of Prohibited Subsidies |
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Article 104 |
Withdrawal of Prohibited Subsidies |
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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 |
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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 |
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Article 122 |
Due Restraint |
|
Article 123 |
Notification |
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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 |
Procedure |
|
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 |
|
| |
|
|
| ANNEXES |
|
|
Annex I
|
Definition of domestic industry |
|
Annex II
|
Consultations |
|
Annex III (a)
|
Illustrative list of information |
|
Annex III (b)
|
Illustrative list of information |
|
Annex IV
|
Product coverage |
|
Annex V
|
Oath of office of judges of the court |
|
| |
|
|
| SCHEDULES |
|
|
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 |
|
| |
Rules regarding community origin |
|
Schedule II
|
Marketing arrangements for unrefined cane sugar |
|
Schedule III
|
Development of the oils and fats sub-sector |
|
| |
APPENDIX I -
Ancillaries |
|
| |
APPENDIX II - Substitutes |
|
Schedule IV
|
Protection of guyanese petroleum products |
|
Schedule V
|
Government assistance |
|
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Source: Caribbean Community (CARICOM) Secretariat  |
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