Revised Laws of Saint Lucia (2021)

2.   Interpretation

In this Act—

“CARICOM Treaty” means the Revised Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy signed at Nassau, the Bahamas, on 5 July 2001 the text of which is set out in the Schedule of the Caribbean Community Act;

“Community” means the Caribbean Community including the CARICOM Single Market and Economy established by the CARICOM Treaty;

“Conference” means the organ of the Community so named in article 10(1)(a) of the CARICOM Treaty;

“Council for Finance and Planning” means the organ of the Community so named in article 10(2)(a) of the CARICOM Treaty;

“economic enterprise” includes—

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   (a)     any type of organization for the production of, or the trade in, goods or the provision of services, other than a non-profit organization, owned or controlled by a national of a member State;

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   (b)     an agency, branch or a subsidiary of such enterprise of a national of a member State;

“member State” means a member State of the Community listed in Schedule 1;

“Minister” means a Minister responsible for CARICOM affairs;

“national” means a person who—

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   (a)     is a citizen of a member State;

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   (b)     has a connection with a member State of a kind which entitles that person to be regarded as belonging to or, if it be so expressed, as being native or resident of that member State for the purposes of the laws of that member State relating to immigration;

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   (c)     is a company or other legal entity constituted in a member State in accordance with the laws of that member State and which that member State regards as belonging to it, if that company or other legal entity has been formed for gainful purposes and has its registered office and central administration, and carries on substantial activity within the member State and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b);

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   and for the purposes of this definition, a company or other legal entity is:

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      (i)     substantially owned if more than 50% of the equity interest in the company or entity is beneficially owned by a person mentioned in paragraphs (a) and (b),

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      (ii)     effectively controlled if the persons mentioned in para-graphs (a) and (b) have the power to name a majority of its directors or are otherwise legally entitled to direct its actions;

“right of establishment” includes the right to—

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   (a)     engage in self-employment; or

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   (b)     create and manage an economic enterprise.