Article 32: Co-operation in Customs Administration

1. Member States shall co-operate with each other to ensure that their interpretation and application of Articles VI, VII, VIII XI, XII, XIII, XIV, XV, XVIII and Schedule I of this Treaty are effectively and harmoniously applied, particularly with respect to provisions relating to:

1. effective customs systems and procedures governing the movement of goods, people and conveyances across customs borders;

2. maximising the effectiveness of co-operation among customs administrations and with international agencies to combat customs and other cross-border offences.

2. Member States undertake to establish harmonised customs legislation and customs procedures in accordance with the provisions of this Protocol.

3. The COTED shall establish procedures for co-operation in customs administration as described in paragraph 1 of this Article.

Article 33: Notification Where in the Protocol provision is made for notification to an Organ of the Community, such notification shall be effected through the Secretariat. 

ARTICLE XXIV: Insert new Article to read as follows: 

Article 34: Deposit Member States shall deposit with the Secretariat, agreements relating to trade or aid concluded by them. 

ARTICLE XXV: Signature This Protocol shall be open for signature by the Member States on the ------------- day of July 1999. 

ARTICLE XXVI: Ratification

This Protocol shall be subject to ratification by signatory States in accordance with their respective constitutional procedures. Instruments of ratification shall be deposited with the Secretariat which shall transmit certified copies to the Government of each Member State. 

ARTICLE XXVII: Accession

Any Member State other than a signatory State may accede to this Protocol. An Instrument of Accession shall take effect on the date on which the Instrument is deposited with the Secretariat of the Community.

ARTICLE XXVIII: Entry Into Force

ARTICLE XXIX: Provisional Application

1. A Member State may, upon the signing of this Protocol or at any later date before it enters into force, declare its intention to apply it provisionally.

2. Upon such declaration by all Member States, the provisions of this Protocol shall be applied provisionally pending its entry into force in accordance with Article XXVIII.

DONE at ______________________on the ___________________ day of ____________ 1999.     Signed by for the Government of Antigua and Barbuda on the day of 1999 at

Signed by

Signed by

Signed by

Signed by

Signed by

Signed by

Signed by

Signed by for the Government of St. Kitts and Nevis on the day of 1999 at

Signed by

Signed by

Signed by

Signed by

The representatives of the under-mentioned Governments hereby declare their intention to apply provisionally the provisions of Protocol IV:

for the Government of Antigua and Barbuda on the day of 1999 at

Signed by

Signed by

Signed by

Signed by

Signed by

Signed by

Signed by

Signed by

Signed by

Signed by

Signed by

Signed by

This Schedule consists of:

1. the List comprising goods referred to in sub-paragraph (b)(ii) of paragraph 1 of Article VIII of the Protocol;

2. the Rules regarding Community origin except in respect of the goods set out in the Appendix..

MARKETING ARRANGEMENTS FOR UNREFINED
CANE SUGAR

1. Any Member State in which unrefined cane sugar is produced may, subject to paragraph 2, and consistently with any international obligations to which it is subject, apply any quantitative restriction within the meaning of Article XV on imports into that State of unrefined cane sugar from any other part of the Community.

2. Any Member State taking measures in accordance with paragraph 1 shall notify them to the COTED, if possible before they come into force.

MARKETING OF OILS AND FATS PRODUCTS  

 1. THE MEMBER STATES: 

RECOGNISING it is the policy to -

(1) uphold and encourage the extension of the coconut industry in the Community by providing means whereby a reasonable remunerative and stable return may be received by all growers of coconuts, having regard to the world price of copra - this objective being deemed to have been achieved when all the copra and raw oil produced is being consumed within the Community at a price satisfactory to growers and consumers alike;

(2) encourage the manufacture of oils and fats, and to assist in the development of secondary industries especially in the less developed territories to meet the needs and to raise the living standards of the rapidly increasing populations;

DESIROUS of regulating trade in oils and facts between the States within the Community and between the Community and other countries; 

HAVE AGREED as follows - 

In this Schedule, unless the context otherwise requires: 

"ancillary" means any substance actually required to be used in conjunction with oils and fats in the process leading to a finished product, but which cannot be used as a substitute for oils and fats produced within the Community and which is included in Appendix II to this Schedule; 

"Community export price" means the f.o.b. price of raw materials and refined edible oil when exported from one Member State to another within the Common Market; 

"deficit" means that part of a Member State's requirements of raw materials which is deemed to be a deficit or is declared to be a deficit in accordance with the provisions of paragraph 8 of this Schedule; 

"oils and fats" means -

1. coconut in all its form, including seedlings and copra; 

2. cotton-seed;  
3. oils and fats derived from coconut, copra, cotton seed and other oil bearing and/or oil yielding seeds produced within the Community;

"raw materials" means copra, raw coconut oil, cotton-seed, raw cotton seed oil, other oil bearing and/or oil yielding seeds grown within the Common Market and unrefined oil produced therefrom;

  "substitute" means any oil or fat however derived which is put to similar use as, and is in commercial competition with, oils and fats as defined therein and which is included in Appendix 1 to this Schedule;

  "surplus" means that part of a Member State's production of raw materials which is deemed to be or is declared to be a surplus in accordance with the provisions of paragraph 8 of this Schedule; 

"toilet soap" means soap which in its quality and composition complies with the requirements specified in British Standard 1914 (of 1953) published under the authority of the General Council of the British Standards Institution (on the 6th day of February, 1953), but does not include soap which is declared by the Secretariat to be laundry soap or which comes in commercial competition with laundry soap produced within the Community.

2. No Member State shall import or permit the importation of oils and fats and/or substitute or export or permit the export of oils and fats except in accordance with the terms of this Schedule.

3. (1) There shall be no restrictions on the export of raw materials and/or oils and fats, and/or substitutes outside the Community, provided that the Community requirements are satisfied in accordance with the provisions of this Schedule;

(2) Should a shortage of raw materials and/or oils and fats and/or substitutes occur within the Community, the Member State experiencing the shortage may report the matter to the Secretariat, which shall bring such report to the notice of the COTED, which shall determine what action will be taken.

4. (1) No Member State shall import or permit the importation of raw materials and/or oils and fats and/or substitution from outside the Community except in conformity with the terms of this Schedule;

provided however that the following imports shall be free from restrictions:

1. oils and fats other than oils and fats defined in this Schedule and imported by a Member States for use in the hotel industry to the extent of 15 lb. per bed per annum; 

2. oils and fast, other than oils and fats as defined in this Schedule imported  solely for medicinal purposes;

 (2) Subject to the provisions of paragraph 8(4) the importation of oils and fats and/or substitutes when such oils and fats and/or substitutes are imported by manufacturers for further processing shall be free from restrictions. 

(3) Every Member State shall notify the Secretariat quarterly of any transactions under sub-paragraphs (1) and (2). 

(4) Trade in edible oils within the Community other than internal domestic trade shall be in edible oils derived from 100% of raw materials produced within the Community, provided that in the production of pre-packaged premium products for such trade, any one Member State in any one year may utilise not more than 100 tons of oils and fats other than oils and fats as defined under this Schedule in the production of such edible oils. 

5. (1) Any Member State may liberalise its exports of copra int he form of desicated coconut, chipped coconut and/or whole nuts outside the Community to the extent of 10% of its production. 

(2) Any Member State may permit the importation from outside the Community or export outside the Community of seed coconut, coconut seedlings and cotton seed and/or other oils bearing and/or oil yielding seeds for planting or experimental purposes. 

(3) Any such liberalisation of exports under sub-paragraph (1) of this paragraph shall be notified to the Secretariat by the Member State concerned. 

6. Not later than the 31st day of March and again not later than the 30th day of September in every year, each Member State shall submit to the Secretariat in such form as the COTED may from time to time prescribe its estimated figures for production, requirements and surplus or deficit of raw materials for the ensuing period of July to December and January to June respectively. 

7. (1) 

1. If any Member State considers that its oils and fats processing industry is being damaged as a result of a substantial decrease in internal demand for a domestic product; and 

2. This decrease in demand is due to an increase in imports consigned from other Member States, that Member State may, notwithstanding any other provisions of this Schedule: 

1. limit those imports by means of quantitative restrictions to a rate not less than the rate of such imports (during any period of twelve months which ended within twelve months of the date on which the restrictions came into force); the restrictions shall not be continued for a period longer than eighteen months, unless the COTED by a two-thirds majority vote of all Member States, authorises their continuance for such further period and on such conditions as the COTED considers appropriate; and 

2. take such measures, either instead of or in addition to restriction of imports in accordance with sub-paragraph (1) of this paragraph as the COTED may, by a two-thirds majority vote of all Member States authorise.

(2) In applying measures in accordance with sub-paragraph (b) (i) above, a Member State shall give like treatment to imports consigned from any other Member State.

(3) A Member State applying restrictions in accordance with paragraph 1 shall notify them to the COTED, if possible before they come into force. The COTED may at any time consider these restrictions and may, by a two-thirds majority vote of all member States, make recommendations designed to moderate any damaging effect of those restrictions or to assist the member State concerned to overcome its difficulties. 

8. (1) At least twice in each year a Conference of Member States shall be convened by the Secretariat, at which representatives of the industry may attend as advisers for the following purposes - 

1. to consider and approve estimates of Community surpluses and deficits; 

2. to establish territorial deficits and surpluses; 

3. to allocate surpluses to satisfy the deficits; and 

4. to allocate whatever surpluses, if any, that may remain; 

Surpluses shall be allocated amongst the deficit Member States to the extent of and in proportion to the deficits established for each Member State;

(2) However, if there still remains any unallocated surplus then that quantity shall be allocated amongst the deficit Member States, other than the less developed countries, in the proportions which their estimated requirements for raw materials bear to each other, so that all such remaining unallocated surpluses are absorbed by those deficit Member States other than the Less Developed Countries.

 provided further, however, that if it is established that there is an overall surplus within the Community, and after allocations have been made in accordance with paragraph 8(1) (c) above, and before allocations have been made under paragraph 8(1)(d) any Member State with a surplus shall have the right to withhold such surplus for sale outside the Community. 

(3) Allocations shall be made in the form of copra or oil seeds, but each surplus Member State shall have the right to require that, in the case of the More Developed Countries no less than two-third of its allocated surplus shall be accepted in the form of raw oil; and in the case of the Less Developed Countries no less than one-half of the allocated surplus shall be accepted in the form of raw oil. 

(4) Allocations made in accordance with paragraph 2 above shall constitute binding commitments between the Member States involved; and each Member State so committed shall take the necessary steps to ensure that its commitments are filled.

9. (1) The Conference referred to at paragraph 8(1) shall at one of its biennial sessions -

1. decide upon and fix for the ensuing year the Community export price for - 

1. copra, which shall be expressed as an f.o.b. price per ton in buyer's bags;

2. raw oil, which shall be expressed as an f.o.b. price per imperial gallon in buyer's drums; and

3. refined edible oil, excluding edible oil pre-packaged for the retail trade, which shall be expressed as an f.o.b. price per imperial gallon;

to which sellers shall add the cost of the container;

or at the option of the buyer, in his containers; 

2. review the working of this Schedule; and 

3. consider any matter connected with the Schedule referred to the Conference by any Member State. 

(2) Any recommendation arrived at by the Conference as to the extent or level of the Community export price shall be submitted to the Secretariat to be placed before the next succeeding meeting of the COTED for its approval. 

(3) All matters relative to the internal price of oils and fats including taxation shall remain the prerogative of the respective Member State. 

10. Wherever the circumstances so require the Secretariat shall at the request of a Member State convene a special Conference of Member States. 

11. (1) Every Conference of Member States shall consist of the delegates of the Member States, one delegate (with such advisers as may be considered necessary) to be nominated by each Member State. 

(2) Every such Conference shall elect its Chairman from among the delegates nominated thereto. 

(3) The delegates of two-thirds of the Member States shall form a quorum. 

(4) Every such Conference shall be serviced by the Secretariat. 

(5) Every Conference as aforesaid shall be advisory to Member States and its decisions shall be framed in that sense. 

(6) A recommendation of any such Conference other than a recommendation under paragraph 9(2) when accepted by two-thirds of the Member States shall become binding on all the Member States. 

12. (1) It shall be the responsibility of the Secretariat - 

1. to ensure that surplus or deficits are declared in accordance with the terms of this Schedule; 

2. to inform Member States regularly of the extent to which production of raw materials is, or is likely to be, short or in excess of local requirements in the various Member States, and of any restrictions imposed or notified under paragraph 7; 

3. to inform Member States of the amount of - 

1. exportable surpluses; and 

2. liberalised exports; 

4. to prepare an annual report on the operation of this Schedule which report shall be submitted to the next succeeding meeting of the COTED;

5. to compile and circulate to member States periodically and regularly statistics relating to transactions reported under paragraph 4(3) and to production and trade in oils and fats in the Community. 

(2) Every Member State shall be responsible for the administration of the terms of this Schedule within its territory. 

(3) Where the COTED is satisfied that commitment made by a Member State is not being fulfilled, it shall determine what corrective action may need to be taken.

13. (1) Member States shall furnish the Secretariat upon request with such satisfaction as may be required for the proper functioning of this Schedule. 

(2) Member States shall take the necessary legislative or other measures required to give effect to the provisions of this Schedule. 

(3) Member States shall make every effort to adopt uniform policies in the granting of import licences for ancillaries. 

(4) No Member State shall make any arrangements with another Member State relating to matters covered by this Schedule. 

 

APPENDIX 1 to

SUBSTITUTES

Oil bearing seeds and nuts not produced within the Community.

 Vegetable oils, refined or unrefined from materials not produced within the Community.

Edible tallow or edible stearins. 

Soap including all soap in block, bar, tablet or powdered from with the exception of brands of toilet soap costing more than 21 (E.C.) c.i.f. per 3½ oz. tablet or the proportionate equivalent thereof, not produced within the Common Market. 

Margarine and Butter substitutes.

Compound Lard.

Pure Lard.

APPENDIX II to

ANCILLARIES

Animal grease Filter aids and materials 

Animal tallow Flavours and flavouring materials 

Anti Spattering Agents Flourescers 

Anti Oxidants Hydrochloric Acid 

Antiseptics Hydrogenated fats 

Bacteriacides and Disinfectants

HydrogenatedOils (Cotton Seed) 

Bleaching aids and materials Soyabean, Palm kernel, Ground-
nut, Palm, Whale, Fish or other oil
of a similar kind)

Bleaching Earth Lanolin 

Calcium Chloride Magnesium Sulphate 

Caster Oil Milk Powders and Cultures 

Caustic Potash Mineral Acids 

Caustic Soda Soap Perfumes

Colouring matter and dyes Sodium Carbonate 

Emulsifiers Sodium Hydrosulphate

Fatty Acids Sodium Sulphate 

Mineral Salts Sulphuric Acid 

Olec Stearines Titanium Dioxide 

Organic Acids Vitamin Concentrates 

Phosphate and Zinc Oxide Water Softeners 

Preservatives 

Resin 

Salt 

Silicate of Soda 

SCHEDULE IV 

PROTECTION OF GUYANESE PETROLEUM PRODUCTS 

1. Special arrangements to facilitate the establishment of a petroleum refining industry in Guyana are provided in this Schedule. 
2. Notwithstanding anything in this Protocol, any quantitative restriction within the meaning of Article XV thereof may, during any period for which the Government of Guyana is a party to any protective agreement in that behalf relating to petroleum product produced in Guyana, be applied on imports into Guyana of that petroleum product from any other part of the Community, 

Provided that no such restriction shall be so applied on imports of any petroleum product, other than Bunker C, asphalt or road oil during any year except with a view to preventing the importation of that petroleum product into Guyana to any extent in excess of: 

1. one third of such amount of that petroleum product as is reasonably considered by the Government of Guyana to be marketable in Guyana during such year; or
2. the difference between such amount of that petroleum product as is reasonably considered by the Government of Guyana to be marketable in Guyana during such year and any lesser amount of that petroleum product which is reasonably considered by the said Government to be productible in Guyana during such year, 

whichever is more.

3. During any period first hereinbefore in this Article referred to in connection with a petroleum product produced in Guyana, customs duties shall, at rates not lower than those in force when the CARICOM Single Market and Economy enters into force, be applicable to any permitted imports into Guyana of that petroleum product from outside the Community. 
4. Not later than - 

1. the commencement, during any year, of any period mentioned in paragraph 3 of this Schedule, 
2. the commencement, during any such period, of any year, 

Guyana shall notify to the COTED the amounts mentioned in paragraph (b) of the proviso to paragraph 2 of this Schedule in relation to that year and shall at the request of any Member State, inform the COTED in strictest confidence of the reasons for arriving at such amounts. 

5. In this Schedule, "that petroleum product" includes any like or substitutable petroleum product.
6. These provisions shall not have effect for longer than 15 years from the commencement of a period mentioned in paragraph 3 of this Schedule. 

SCHEDULE V 

GOVERNMENT ASSISTANCE 

1. The provision by governments of direct subsidies to a firm or an industry contingent upon export performance.
2. Currency retention schemes or any similar practices which involve a bonus on exports. 
3. Internal transport and freight charges on export shipments, provided or mandated by governments, on terms more favourable than for domestic shipments. 
4. The Provision by governments or their agencies either directly or indirectly through government-mandated schemes, of imported or domestic products or services for use in the production of exported goods, on terms or conditions more favourable than for provision of like or directly competitive products or services for use in the production of goods for domestic consumption, if (in the case of products) such terms or conditions are more favourable than those commercially available on world markets to their exporters. 
5. The full or partial exemption remission, or deferral specifically related to exports, of direct taxes or social welfare charges paid or payable by industrial or commercial enterprises. 
6. The allowance of special deductions directly related to exports or export performance, over and above those granted in respect to production for domestic consumption, in the calculation of the base on which direct taxes are charged. 
7. The exemption or remission, in respect of the production and distribution of exported products, of indirect taxes in excess of those levied in respect of the production and distribution of like products when sold for domestic consumption.
8. The exemption, remission or deferral of prior-stage cumulative indirect taxes on goods or services used in the production of exported products in excess of the exemption, remission or deferral of like prior-stage cumulative indirect taxes on goods or services used in the production of like products when sold for domestic consumption, provided, however, that prior-stage cumulative indirect taxes may be exempted, remitted or deferred on exported products even when not exempted, remitted or deferred on like products when sold for domestic consumption in the production of the exported product (making normal allowance for waste).
9. The remission or drawback of import charges in excess of those levied on imported inputs that are consumed in the production of the exported product (making normal allowance for waste); provided, however, that in particular cases a firm may use a quantity of home market inputs equal to, and having the same quality and characteristics as, the imported inputs as a substitute for them in order to benefit from the provision if the import and the corresponding export operations both occur within a reasonable time period, not to exceed two years. 
10. The provision by governments (or special institutions controlled by governments) of export credit guarantee or insurance programmes, of insurance or guarantee programmes against increases in the cost of exported products or of exchange risk programmes, at premium rates which are inadequate to cover the long-term operating costs and losses of the programmes. 
11. The grant by governments (or special institutions controlled by and/or acting under the authority of governments) of export credits at rates below those which they actually have to pay for the funds so employed (or would have to pay if they borrowed on international capital markets in order to obtain funds of the same maturity and other credit terms and denominated in the same currency as the export credit), or the payment by them of all or part of the costs incurred by exporters or financial institutions in obtaining credits, in so far as they are used to secure a materials advantage in the field of export credit terms, 

provided, however, that if a Member is a party to an international undertaking on official export credits to which at least twelve original members to this Agreement are parties as of 1 January 1979 ( or a successor undertaking which has been adopted by those original member), or if in practice a member applies the interest rates provisions of the relevant undertaking an export credit practice which is in conformity with those provisions shall not be considered an export subsidy prohibited by this Agreement. 

12. Any other charge on the public account constituting an export subsidy in the sense of Article XVI of GATT 1994