Revised Laws of Saint Lucia (2023)

PART TWO
CONSUMER PROTECTION

ARTICLE 184
PROMOTION OF CONSUMER INTERESTS IN THE COMMUNITY

1.  

   1.   The member States shall promote the interests of consumers in the Community by appropriate measures that:

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      (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;

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      (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;

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      (c)     provide, where the regulations, standards, codes and licensing requirements referred to in paragraph (b) do not exist, for their establishment and implementation;

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      (d)     encourage high levels of ethical conduct for those engaged in the production and distribution of goods and services to consumers;

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      (e)     encourage fair and effective competition in order to provide consumers with greater choice among goods and services at lowest cost;

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      (f)     promote the provision of adequate information to consumers to enable the making of informed choices;

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      (g)     ensure the availability of adequate information and education programmes for consumers and suppliers;

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      (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;

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      (i)     encourage the development of independent consumer organisations;

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      (j)     provide adequate and effective redress for consumers.

1.  

   2.   For the purpose of this Part, “consumer” means any person:

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      (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

   1.  

      (b)     who does not receive the goods or services in the course of a business carried on by him.

ARTICLE 185
PROTECTION OF CONSUMER INTERESTS IN THE COMMUNITY

The member States shall enact harmonised legislation to provide, inter alia:

1.  

   (a)     for the fundamental terms of a contract and the implied obligations of parties to a contract for the supply of goods or services;

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   (b)     for the prohibition of the inclusion of unconscionable terms in contracts for the sale and supply of goods or services to consumers;

1.  

   (c)     for the prohibition of unfair trading practices, particularly such practices relating to misleading or deceptive or fraudulent conduct;

1.  

   (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;

1.  

   (e)     that the provision of services is in compliance with the applicable regulations, standards, codes and licensing requirements;

1.  

   (f)     that goods supplied to consumers are labelled in accordance with standards and specifications prescribed by the competent authorities;

1.  

   (g)     that hazardous or other goods whose distribution and consumption are regulated by law are sold or supplied in accordance with applicable regulations;

1.  

   (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;

1.  

   (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;

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   (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 186
ACTION BY THE COMMISSION TO PROVIDE SUPPORT IN THE PROMOTION OF CONSUMER WELFARE AND PROTECTION OF CONSUMER INTERESTS

1.  

   1.   The Commission shall, for the purpose of providing support to the member States in the enhancement of consumer education and consumer welfare:

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      (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;

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      (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;

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      (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;

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      (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;

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      (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;

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      (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;

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      (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;

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      (h)     conduct research and collect and collate information in respect of matters affecting the interests of consumers;

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      (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;

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      (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;

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      (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;

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      (l)     make recommendations to COTED for the enactment of legislation by the member States for the effective enforcement of the rights of consumers.

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   2.   The Commission shall:

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      (a)     draw to the attention of COTED business conduct by enterprises which impacts adversely on consumer welfare;

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      (b)     collaborate with competent Organs of the Community to promote consumer education and consumer welfare.

CHAPTER NINE
DISPUTES SETTLEMENT

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:

1.  

   (a)     allegations that an actual or proposed measure of another member State is, or would be, inconsistent with the objectives of the Community;

1.  

   (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;

1.  

   (c)     allegations that an organ or body of the Community has acted ultra vires; or

1.  

   (d)     allegations that the purpose or object of the Treaty is being frustrated or prejudiced.

ARTICLE 188
MODES OF DISPUTE SETTLEMENT

1.  

   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.  

   2.   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.  

   3.   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.  

   4.   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 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:

1.  

   (a)     a mode of settlement and where an agreed mode has been terminated, to another mode of settlement; or

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   (b)     a mutually satisfactory method of implementation where a settlement has been reached and the circumstances require consultation regarding its implementation.

ARTICLE 190
NOTIFICATION OF EXISTENCE AND SETTLEMENT OF DISPUTES

1.  

   1.   member States parties to a dispute shall notify the Secretary-General of:

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      (a)     the existence and nature of the dispute; and

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      (b)     any mode of dispute settlement agreed upon or initiated.

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   2.   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.

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   3.   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 191
GOOD OFFICES

1.  

   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.  

   2.   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 192
MEDIATION

1.  

   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.  

   2.   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.

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   3.   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 193
OBLIGATION TO ENTER CONSULTATIONS

1.  

   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.

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   2.   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.

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   3.   Where:

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      (a)     consultations have not been entered into within the period referred to in paragraph 2; or

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      (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.  

   4.   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.  

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

1.  

   6.   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.  

   7.   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.

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   8.   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.

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   9.   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 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:

1.  

   (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

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   (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 195
INITIATION OF CONCILIATION PROCEEDINGS

Where member States parties to a dispute have agreed to submit the dispute to conciliation under this Part, any such member State may institute proceedings by notification addressed to the other party or parties to the dispute.

ARTICLE 196
ESTABLISHMENT OF A LIST OF CONCILIATORS

1.  

   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.  

   2.   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 197
CONSTITUTION OF CONCILIATION COMMISSION

A conciliation commission shall be constituted from time to time as follows:

1.  

   (a)     subject to the provisions of this Article, a conciliation commission shall consist of three members;

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   (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;

1.  

   (c)     the other party to the dispute shall appoint a conciliator in the manner set forth in sub-paragraph (b) within 10 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);

1.  

   (d)     within 10 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);

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   (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;

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   (f)     any vacancy on a conciliation commission shall be filled in the manner prescribed for the initial appointment;

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   (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;

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   (h)     in disputes involving more than 2 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 198
AMICABLE SETTLEMENT

A conciliation commission may draw to the attention of the member States parties to the dispute any measures which might facilitate an amicable settlement of the dispute.

ARTICLE 199
FUNCTIONS OF CONCILIATION COMMISSION

A conciliation commission shall hear the member States parties to the dispute, examine their claims and objections, and make proposals to the parties with a view to reaching an amicable settlement.

ARTICLE 200
PROCEDURE

1.  

   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.  

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

ARTICLE 201
REPORT

1.  

   1.   A conciliation commission shall report within 3 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.

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

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 203
FEES AND EXPENSES

The fees and expenses of a conciliation commission shall be borne by the Member States parties to the dispute.

ARTICLE 204
ARBITRATION

A member State party to a dispute may, with the consent of the other party, refer the matter to an arbitral tribunal constituted in accordance with the provisions of this Chapter.

ARTICLE 205
CONSTITUTION OF THE LIST OF ARBITRATORS

1.  

   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:

   1.  

      (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;

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      (b)     be independent of, and not be affiliated with or take instructions from any member State; and

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      (c)     comply with the Code of Judicial Conduct governing the behaviour of judges of the Court.

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   2.   The term of an arbitrator, including that of any arbitrator nominated to fill a vacancy, shall be 5 years and may be renewed.

ARTICLE 206
CONSTITUTION OF ARBITRAL TRIBUNAL

1.  

   1.   Each of the member States parties to a dispute shall be entitled to appoint one arbitrator from the List of Arbitrators. The 2 arbitrators chosen by the parties shall be appointed within 15 days following the decision to refer the matter to arbitration. The 2 arbitrators shall, within 15 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.  

   2.   Where either party to the dispute fails to appoint its arbitrator under paragraph 1, the Secretary-General shall appoint the arbitrator within 10 days. Where the arbitrators fail to appoint a Chairman within the time prescribed, the Secretary-General shall appoint a Chairman within 10 days.

1.  

   3.   Where more than two member States are parties to a dispute, the parties concerned shall agree among themselves on the 2 arbitrators to be appointed from the List of Arbitrators within 15 days following the decision to refer the matter to arbitration and the 2 arbitrators shall within 15 days of their appointment appoint a 3^rd arbitrator from the List who shall be the Chairman.

1.  

   4.   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 207
RULES OF PROCEDURE OF ARBITRAL TRIBUNAL

1.  

   1.   Subject to the relevant provisions of this Chapter, the arbitral tribunal shall establish its own rules of procedure.

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   2.   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.

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

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   4.   The arbitral tribunal may invite any member State to submit views orally or in writing.

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   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.

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   6.   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 30 days, as may be required to make the ruling.

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   7.   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 208
THIRD PARTY INTERVENTION

A member State which is not a party to a dispute, on delivery of a notification to the parties to a dispute and to the Secretary-General, shall be entitled to attend all hearings and to receive written submissions of the parties to a dispute and may be permitted to make oral or written submissions to the arbitral tribunal.

ARTICLE 209
ADDITIONAL INFORMATION FROM EXPERTS

Where proceedings have commenced, the arbitral tribunal may, on its own initiative or on the request of a party to the dispute, seek information and technical advice from any expert or body that it considers appropriate, provided that the parties to the dispute so agree and subject to such terms and conditions as the parties may agree.

ARTICLE 210
EXPENSES OF ARBITRAL TRIBUNAL

1.  

   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.  

   2.   Where a 3^rd party intervenes in the proceedings, the party shall bear the costs associated with the intervention.

ARTICLE 211
JURISDICTION OF THE COURT IN CONTENTIOUS PROCEEDINGS

1.  

   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:

   1.  

      (a)     disputes between the member States parties to the Agreement;

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      (b)     disputes between the member States parties to the Agreement and the Community;

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      (c)     referrals from national courts of the member States parties to the Agreement;

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      (d)     applications by persons in accordance with Article 222, concerning the interpretation and application of this Treaty.

1.  

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

ARTICLE 212
ADVISORY OPINIONS OF THE COURT

1.  

   1.   The Court shall have exclusive jurisdiction to deliver advisory opinions concerning the interpretation and application of the Treaty.

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   2.   Advisory opinions shall be delivered only at the request of the member States parties to a dispute or the Community.

ARTICLE 213
INSTITUTION OF PROCEEDINGS

Any party to a dispute may institute proceedings in accordance with the Rules of Court governing Original Jurisdiction.

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 215
COMPLIANCE WITH JUDGMENTS OF THE COURT

The member States, Organs, Bodies of the Community, entities or persons to whom a judgment of the Court applies, shall comply with that judgment promptly.

ARTICLE 216
COMPULSORY JURISDICTION OF THE COURT

1.  

   1.   The member States agree that they recognise as compulsory, ipso facto and without special agreement, the original jurisdiction of the Court referred to in Article 211.

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   2.   In the event of a dispute as to whether the Court has jurisdiction, the matter shall be determined by decision of the Court.

ARTICLE 217
LAW TO BE APPLIED BY THE COURT IN THE EXERCISE OF ITS ORIGINAL JURISDICTION

1.  

   1.   The Court, in exercising its original jurisdiction under Article 211, shall apply such rules of international law as may be applicable.

1.  

   2.   The Court may not bring in a finding of non liquet on the ground of silence or obscurity of the law.

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   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 218
APPLICATION FOR INTERIM MEASURES

The Court shall have the power to prescribe, if it considers the circumstances so require, any interim measures that ought to be taken to preserve the rights of either party.

ARTICLE 219
REVISION OF JUDGMENTS OF THE COURT IN THEEXERCISE OF ITS ORIGINAL JURISDICTION

1.  

   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.  

   2.   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.  

   3.   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.  

   4.   The Court may require previous compliance with the terms of the judgment before it admits proceedings for a revision.

1.  

   5.   The application for a revision shall be made within 6 months of the discovery of the new fact.

1.  

   6.   No application for a revision may be made after the lapse of 5 years from the date of the judgment.

ARTICLE 220
RULES OF COURT GOVERNING ORIGINAL JURISDICTION

The Rules of Court established by the President of the Court in accordance with Article XXI of the Agreement shall apply in the exercise of the original jurisdiction of the Court.

ARTICLE 221
JUDGMENT OF THE COURT TO CONSTITUTE STARE DECISIS

Judgments of the Court shall constitute legally binding precedents for parties in proceedings before the Court unless such judgments have been revised in accordance with Article 219.

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:

1.  

   (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

1.  

   (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

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   (c)     the Contracting Party entitled to espouse the claim in proceedings before the Court has:

   1.  

      (i)     omitted or declined to espouse the claim, or

   1.  

      (ii)     expressly agreed that the persons concerned may espouse the claim instead of the Contracting Party so entitled; and

1.  

   (d)     the Court has found that the interest of justice requires that the persons be allowed to espouse the claim.

ARTICLE 223
ALTERNATIVE DISPUTES SETTLEMENT

1.  

   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.  

   2.   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.  

   3.   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 224
GENERAL UNDERTAKING

Each member State undertakes to employ its best endeavours to complete the constitutional and legislative procedures required for its participation in the regime establishing the Court as soon as possible.

CHAPTER TEN
GENERAL AND FINAL PROVISIONS

ARTICLE 225
SECURITY EXCEPTIONS

Nothing in this Treaty shall be construed:

1.  

   (a)     as requiring any member State to furnish information, the disclosure of which it considers contrary to its essential security interests;

1.  

   (b)     as preventing any member State from taking any action which it considers necessary for the protection of its essential security interests:

   1.  

      (i)     relating to the supply of services carried out directly or indirectly for the purpose of provisioning a military establishment,

   1.  

      (ii)     in time of war or other emergency in international relations; or

1.  

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

ARTICLE 226
GENERAL EXCEPTIONS

1.  

   1.   Nothing in this Chapter shall be construed as preventing the adoption or enforcement by any member State of measures:

   1.  

      (a)     to protect public morals or to maintain public order and safety;

   1.  

      (b)     to protect human, animal or plant life or health;

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      (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;

   1.  

      (d)     necessary to protect intellectual property or to prevent deceptive practices;

   1.  

      (e)     relating to gold or silver;

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      (f)     relating to the products of prison labour;

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      (g)     relating to child labour;

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      (h)     imposed for the protection of national treasures of artistic, historic or archaeological value;

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      (i)     necessary to prevent or relieve critical food shortages in any exporting member State;

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      (j)     relating to the conservation of natural resources or the preservation of the environment;

   1.  

      (k)     to secure compliance with laws or regulations which are not inconsistent with the provisions of this Treaty including those relating to:

      1.  

         (i)     the prevention of deceptive and fraudulent practices, and the effects of a default on contracts,

      1.  

         (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

   1.  

      (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.  

   2.   Measures taken by the member States pursuant to paragraph 1 shall be notified to COTED.

1.  

   3.   The Community Council shall take appropriate measures to co-ordinate applicable legislation, regulations and administrative practices established in accordance with Article 44.

ARTICLE 227
NOTIFICATION

Where in this Treaty provision is made for notification to an Organ of the Community, such notification shall be effected through the Secretariat.

ARTICLE 228
LEGAL CAPACITY OF THE COMMUNITY

1.  

   1.   The Community shall have full juridical personality.

1.  

   2.   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.  

   3.   The Community may also conclude agreements with States and International Organisations.

1.  

   4.   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 229
PRIVILEGES AND IMMUNITIES OF THE COMMUNITY

1.  

   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.  

   2.   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 230
NEGOTIATION AND CONCLUSION OF AGREEMENTS

1.  

   1.   Conference may designate any Organ or Body of the Community to negotiate agreements for the achievement of the objectives of the Community.

1.  

   2.   Conference may delegate to the Secretary-General the conclusion of agreements, particularly technical assistance agreements, on behalf of the Community.

ARTICLE 231
ASSOCIATE MEMBERSHIP

Conference may admit any Caribbean State or Territory to associate membership of the Community on such terms and conditions as Conference thinks fit.

ARTICLE 232
SIGNATURE

This Treaty shall be open for signature on the 5th day of July 2001 by the States mentioned in paragraph 1 of Article 3.

ARTICLE 233
RATIFICATION

This Treaty and any amendments thereto 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 signatory States.

ARTICLE 234
ENTRY INTO FORCE

This Treaty shall enter into force on the deposit of the last instrument of ratification by the States mentioned in paragraph 1 of Article 3.

ARTICLE 235
REGISTRATION

This Treaty and any amendments thereto shall be registered with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.

ARTICLE 236
AMENDMENTS

1.  

   1.   This Treaty may be amended by the unanimous decision of the Parties.

1.  

   2.   An amendment shall enter into force one month after the date on which the last instrument of ratification is deposited with the Secretariat.

ARTICLE 237
RESERVATIONS

Reservations may be entered to this Treaty with the consent of the signatory States.

ARTICLE 238
ACCESSION

1.  

   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.  

   2.   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 239
UNDERTAKING

The member States undertake to elaborate a Protocol relating, inter alia, to:

1.  

   (a)     electronic commerce;

1.  

   (b)     government procurement;

1.  

   (c)     treatment of goods produced in free zones and similar jurisdictions;

1.  

   (d)     free circulation of goods in the CSME; and

1.  

   (e)     rights contingent on establishment, provision of services and movement of capital in the Community.

ARTICLE 240
SAVING

1.  

   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.  

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

1.  

   3.   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 5 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 2001at

ANNEX I

(Paragraph 5 of Article 100)

DEFINITION OF DOMESTIC INDUSTRY

1.  

   1.   For the purposes of this Protocol, the term “domestic industry” shall, except as provided in paragraph 4, be interpreted as referring to the domestic producers as a whole of the like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products, except that when producers are related to the exporters or importers or are themselves importers of the allegedly subsidised or dumped product or a like product from other countries, the term “domestic industry” may be interpreted as referring to the rest of the producers.

1.  

   2.   In exceptional circumstances, the territory of a member State may, for the production in question, be divided into 2 or more competitive markets and the producers within each market may be regarded as a separate industry if (a) the producers within such market sell all or almost all of their production of the product in question in that market, and (b) the demand in that market is not to any substantial degree supplied by producers of the product in question located elsewhere in the territory. In such circumstances, injury may be found to exist even where a major portion of the total domestic industry is not injured, provided there is a concentration of subsidised for dumped imports into such an isolated market and provided further that the subsidised imports are causing injury to the producers of all or almost all of the production within such market.

1.  

   3.   When the domestic industry has been interpreted as referring to the producers in a certain area, i.e., a market as defined in paragraph 2, countervailing duties shall be levied only on the products in question consigned for final consumption to that area. When the constitutional law of the importing member State does not permit the levying of countervailing or anti-dumping duties on such a basis, the importing member State may levy the relevant duties without limitation only of (a) the exporters shall have been given an opportunity to cease exporting at subsidised or dumped prices to the area concerned or otherwise give assurances pursuant to Article 116 or 133 and adequate assurances in this regard have not been promptly given, and (b) such duties cannot be levied only on products of specific producers which supply the area in question.

1.  

   4.   Whenever an investigation is being undertaken by the Community on behalf of the domestic industry which has alleged injury from extra-regional imports, the domestic industry in the CSME shall be taken to be the industry referred to in paragraphs 1 and 2 consistent with the provisions of paragraph 8(a) of Article XXIV of GATT 1994.

ANNEX II

(Paragraph 3 of Article 98)

CONSULTATIONS

1.  

   1.   As soon as possible after an application for an investigation is accepted and in any event before the initiation of any investigation, a member State whose products may be subject to such investigation, shall be invited for consultations with the aim of clarifying the situation and arriving at a mutually agreed solution.

1.  

   2.   Furthermore, throughout the period of investigation, a member State whose products are the subject of the investigation shall be afforded a reasonable opportunity to continue consultations, with a view to clarifying the factual situation and to arriving at a mutually agreed solution.

1.  

   3.   Without prejudice to the obligation to afford reasonable opportunity for consultations, these provisions regarding consultations are not intended to prevent the authorities of a member State from proceeding expeditiously with regard to initiating the investigation, reaching preliminary or final determinations, whether affirmative or negative, or from applying provisional or final measures, in accordance with the provisions of this Agreement.

1.  

   4.   The member State which intends to initiate any investigation or is conducting such an investigation shall permit, upon request, the member State whose products are subject to such investigation access to non-confidential evidence, including any non-confidential summary of confidential data being used for initiating or conducting the investigation.

ANNEX III(a)

ILLUSTRATIVE LIST OF INFORMATION REQUIRED BY ARTICLES 100, 106 AND 112

1.  

   (i)     The identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

1.  

   (ii)     a complete description of the allegedly subsidised product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;

1.  

   (iii)     evidence with regard to the existence, amount and nature of the subsidy in question;

1.  

   (iv)     evidence that alleged injury to a domestic industry is caused by subsidised imports through the effects of the subsidies; this evidence includes information on the evolution of the volume of the allegedly subsidised imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry.

ANNEX III(b)

ILLUSTRATIVE LIST OF INFORMATION REQUIRED BY ARTICLE 129

1.  

   (i)     The identity of the applicant and a description of the volume and value of the domestic production of the like product by the applicant. Where a written application is made on behalf of the domestic industry, the application shall identify the industry on behalf of which the application is made by a list of all known domestic producers of the like product (or associations of domestic producers of the like product) and, to the extent possible, a description of the volume and value of domestic production of the like product accounted for by such producers;

1.  

   (ii)     A complete description of the allegedly dumped product, the names of the country or countries of origin or export in question, the identity of each known exporter or foreign producer and a list of known persons importing the product in question;

1.  

   (iii)     Information on prices at which the product in question is sold when destined for consumption in the domestic markets of the country or countries of origin or export (or, where appropriate, information on the prices at which the product is sold from the country or countries of origin or export to a third country or countries, or on the constructed value of the product) and information on export prices or, where appropriate, on the prices at which the product is first resold to an independent buyer in the territory of the importing member State;

1.  

   (iv)     Information on the evolution of the volume of the allegedly dumped imports, the effect of these imports on prices of the like product in the domestic market and the consequent impact of the imports on the domestic industry, as demonstrated by relevant factors and indices having a bearing on the state of the domestic industry, such as those referred to in Article 128.

ANNEX IV

(Paragraph 2 of Article 117)

PRODUCT COVERAGE 11

ANNEX V

OF JUDGES OF THE COURT

ANNEX VI

(Article 239(e))

PROTOCOL ON CONTINGENT RIGHTS

The Parties to the Revised Treaty of Chaguaramas Establishing the Caribbean Community, including the CARICOM Single Market and Economy (“the Treaty”),

Recalling the undertaking of the Parties set out in Article 239 of the Treaty, to elaborate a Protocol relating to inter alia rights contingent on establishment, provision of services and movement of capital in the Community;

Recalling also the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the United Nations Convention on the Rights of the Child, the United Nations Convention on Migrant Workers, the American Convention on Human Rights, the Charter of Civil Society for the Caribbean Community and the CARICOM Agreement on Social Security;

Recognising that Member States of the Caribbean Community are parties to treaties conferring rights on their nationals;

Acknowledging that the aforementioned rights are additional to the primary rights recognised and accorded to nationals of the Caribbean Community by this Protocol and which relate to the right of establishment, the right to provide services, the right to move capital and the right of recognised skilled nationals to seek employment;

Cognisant of the achievements made by the Member States to improve the standard of living of CARICOM nationals, in keeping with the Objectives of the Community as set out in Article 6 of the Treaty;

Convinced that the primary rights accorded by Member States to nationals of the Caribbean Community in respect of the CSME must be supported by other enforceable rights operating to render them exercisable and effective;

Acknowledging also the differential institutional and resource capabilities of Member States of the Caribbean Community in ensuring the enjoyment by their nationals of internationally recognised rights;

Determined to overcome the institutional and resource constraints and to employ their best endeavours in order to reach consensus on the potential rights which are included in the built-in agenda of this Protocol;

Acknowledging further the importance of equality in the grant of Contingent Rights among the Member States

Committed to conferring contingent rights as set out in this Protocol;

Have agreed as follows:

ARTICLE I
USE OF TERMS

In this Protocol —

“built-in agenda” means the potential rights set out in Article III which shall only be recognised and applied as contingent rights at such time and upon terms and conditions as the Conference may determine pursuant to subparagraph (2)(a) of Article II;

“Conference” means the Conference of the Heads of Government of the Caribbean Community;

“Contingent rights” means rights to which a national and his/her spouse and immediate dependants is/are entitled, contingent on the exercise by the principal beneficiary of the right of establishment, provision of services, movement of capital or free movement of skills;

“dependant” means —

1.  

   (a)     any unmarried child of a principal beneficiary or of his or her spouse —

   1.  

      (i)     under the age of 18 years;

   1.  

      (ii)     under the age of 25 years attending school or university full time;

   1.  

      (iii)     over the age of 18 years who, due to disability, is wholly dependent on a principal beneficiary;

1.  

   (b)     parents of the principal beneficiary wholly dependent on such beneficiary, or

1.  

   (c)     any other natural person certified as such by order of the Court;

“host country” means the Member State where a grant of primary rights is being exercised;

“national” means a national within the meaning of Article 32(5) of the Treaty;

“primary rights” means rights to which a national of the Caribbean Community is entitled in or under the Treaty in relation to the operation of the CSME and described in Articles 32, 34, 36, 40 and 46 of the Treaty;

“principal beneficiary” means a national of a Member State exercising one or more primary rights;

“spouse” means —

1.  

   (a)     a man to whom a woman is legally married; or

1.  

   (b)     a woman to whom a man is legally married;

1.  

   (c)     in Member States where and to the extent that common law unions are recognised by law or policy —

   1.  

      (i)     an unmarried man who has cohabited with an unmarried woman as if he were in law her husband for a period of not less than five consecutive years immediately preceding the date of application for the conferral of rights under this Protocol;

   1.  

      (ii)     an unmarried woman who has cohabited with an unmarried man as if she were in law his wife for a period of not less than five consecutive years immediately preceding the date of application for the conferral of rights under this Protocol;

“tools of trade” means chattels personal or movable property, used in the course of an occupation, trade or vocation;

“Treaty” means the Revised Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy (CSME) signed at Nassau, The Bahamas on 5 July 2001.

ARTICLE II
CONTINGENT RIGHTS

1.     Subject to Articles IV, VI and VII Member States undertake to grant the principal beneficiary and his/her spouse and/or their dependants the following contingent rights —

(a)     the right of a principal beneficiary resident in a host country, his or her spouse or their dependants to transfer capital, into and from a host country subject to Article 43 of the Treaty;

(b)     the right of a spouse or dependants of a principal beneficiary resident in a host country to leave and re-enter a host country;

(c)     the right of the spouse of a principal beneficiary resident in a host country to work in a host country without a work permit;

(d)     the right of a principal beneficiary resident in a host country and his/her spouse to access on a non-discriminatory basis lands, buildings and other property for residential or business purposes reasonably connected with the exercise of the rights of the principal beneficiary;

(e)     the right of dependent children of a principal beneficiary resident in a host country to access primary education on a non-discriminatory basis, where and to the extent provided by the Government of the host country;

(f)     the right of a principal beneficiary resident in a host country to import into the host country free of duties within six months of being granted a definite stay, subject to the principal beneficiary having already satisfied the duty regime in another Member State, tools of trade that are —

(i)     reasonably connected with the exercise of any of the primary rights of the principal beneficiary;

(ii)     in the possession of the principal beneficiary in the exercise of any of those primary rights; and

(iii)     located in a Member State.

2.     The Conference shall keep the provisions of this Article under review in order to —

(a)     extend in a phased approach and upon such terms and conditions as are necessary, as appropriate, potential contingent rights which are included in the built-in agenda of this Protocol; and

(b)     monitor and secure compliance therewith.

ARTICLE III
BUILT-IN AGENDA

The built-in agenda includes the following potential rights which Member States undertake to extend as contingent rights in a phased approach once agreed upon —

(a)     the right of a spouse of a principal beneficiary resident in a host country, to remain in the Member State following termination of a marital relationship subject to the provisions of Article IX;

(b)     the right of dependent children of a principal beneficiary resident in a host country to remain in the Member State on acquiring independent status subject to the provisions of Article IX;

(c)     the right of the dependent children of a principal beneficiary resident in a host country, until they attain the age of majority, to work in the Member State without a work permit;

(d)     the right of dependent children of a principal beneficiary resident in a host country to access on a non-discriminatory basis, where provided by the Government of the host country the following —

(i)     pre-primary education;

(ii)     secondary education; and

(iii)     uniforms, meals, books and transportation;

(e)     the right of a principal beneficiary resident in a host country, his or her spouse or their dependants to access primary health-care on a non-discriminatory basis;

(f)     the right of a principal beneficiary resident in a host country, his or her spouse or their dependants to access national scholarships or bursaries on a non-discriminatory basis, and

(g)     the right of a principal beneficiary resident in a host country to import free of duties, within six months after being granted an indefinite stay, personal effects, a reasonable quantity of household effects commensurate with the size of the household and a motor vehicle, subject to the national regulations of the host country.

ARTICLE IV
CONFERMENT OF GREATER RIGHTS

Nothing in this Protocol shall preclude a Member State from granting to nationals of other Member States rights more extensive than the contingent rights covered in this Protocol, provided that such grant is in accordance with Articles 7 and 8 of the Treaty.

ARTICLE V
NON-APPLICABILITY OF RIGHTS

Temporary service providers are not entitled to contingent rights.

ARTICLE VI
SAFEGUARD MEASURES

The safeguard measures mentioned in Article 47 of the Treaty would also apply to this Protocol mutatis mutandis.

ARTICLE VII
SAVING

Nothing in this Protocol shall be construed as precluding or disentitling a principal beneficiary, his/her spouse or dependants from legitimately accessing at their own expense any of the rights covered in this Protocol whether or not provided by the Government of a host country.

ARTICLE VIII
SECURITY AND GENERAL EXCEPTIONS

Notwithstanding anything to the contrary in this Protocol, the provisions of Article 225 and Article 226 of the Treaty concerning security and general exceptions respectively, shall apply mutatis mutandis in this Protocol.

ARTICLE IX
TERMINATION OF RIGHTS

Where contingent rights are terminated due to a change in status of a principal beneficiary his/her spouse or dependants, the host country concerned shall employ its best endeavours to mitigate the negative impact arising from such termination and to effect a smooth transition to the new status.

ARTICLE X
INTERPRETATION AND APPLICATION

This Protocol and any amendments thereto shall be interpreted and applied as one with the Treaty.

ARTICLE XI
ENTRY INTO FORCE

This Protocol shall be open for signature by the Parties to the Treaty. The Protocol shall be subject to ratification by signatory states in accordance with their respective constitutional procedures. It shall enter into force with the deposit of the instruments of ratification of all the Parties.

ARTICLE XII
AMENDMENTS

This Protocol may be amended in accordance with the procedure set out in Article 236 of the Treaty.

ARTICLE XIII
ACCESSION

After entry into force of this Protocol, any state or territory party to the Treaty or any state or territory which becomes a party to this Treaty may accede to this Protocol by depositing an Instrument of Accession with the Secretary-General who shall submit a certified copy to each Member State.

ARTICLE XIV
PROVISIONAL APPLICATION

Seven or more of the Parties to the Treaty may, upon signature of the Protocol or at any later date before this Protocol enters into force, declare their intention to apply it provisionally.

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Protocol.

DONE at MONTEGO BAY, JAMAICA, this 6th day of July Two Thousand and Eighteen, in a single copy which shall be deposited with the Secretary-General by whom certified copies will be communicated to all the signatories and to the Chairman.

(Inserted by S.I. 77/2019)