Revised Laws of Saint Lucia (2023)

PART V
MISCELLANEOUS PROVISIONS

ARTICLE 52

Communications between Competent Authorities of Contracting Parties

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   1.   The competent authorities of contracting Parties shall communicate to each other:

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      a.     all information concerning measures taken by them for the application of this Agreement;

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      b.     all information concerning their legislation which may affect the application of this Agreement; and

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      c.     all statistical information concerning beneficiaries and the amount of benefits paid under this Agreement.

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   2.   For the purpose of the application of this Agreement, the competent authorities and competent institutions of the Contracting Parties shall:

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      a.     assist one another as if they were applying their own legislation; and

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      b.     provide administrative assistance free of charge, but, the competent authorities of the contracting Parties may agree to reimburse certain expenses.

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   3.   For the purpose of the application of this Agreement, the competent authorities and competent institutions of the Contracting Parties may communicate directly with one another and with the persons concerned or their representatives.

ARTICLE 53

Non-discrimination for Exemption from Taxes and Duties

Any exemption from, or reduction of, taxes, stamp duty, legal or registration costs specified by the legislation of one Contracting Party with respect to the certificates, documents or other documentary evidence to be submitted under the legislation of that Party shall be extended to cover similar certificates, documents or other documentary evidence to be submitted under the legislation of another Contracting Party or under this Agreement.

ARTICLE 54

Time Limit for Submission of Claims

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   1.   If the claimant is resident in the territory of a Contracting Party other than that of the competent jurisdiction, the claimant may validly submit the claim to the institution of the claimant's place of residence; which shall refer it to the competent institution or institutions mentioned in the application.

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   2.   Any claim, application, declaration or appeal which should have been made under the legislation of a Contracting Party within a prescribed time to an authority, institution or jurisdiction of that party shall be admissible if it is submitted within the same time to an authority, institution or jurisdiction of another Contracting Party. In such an event, the authority, institution or jurisdiction receiving the claim, application, declaration or appeal shall transmit it without delay to the competent authority, institution or jurisdiction of the first Contracting Party, either directly or through the competent authorities of the Contracting Parties concerned. The date on which any claim, application, declaration or appeal was submitted to an authority, institution or jurisdiction of the second Contracting Party shall be deemed to be the date on which it was lodged with the competent authority, institution or jurisdiction.

ARTICLE 55

Investigations and Medical Examinations

Investigations or medical examinations prescribed by the legislation of one Contracting Party may, at the request of the institution which administers such legislation, be carried out in the territory of another Contracting Party by the institution of the place of stay or residence, and in such a case they shall be deemed to have been made in the territory of the first Contracting Party.

ARTICLE 56

Currency of Payment

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   1.   Competent institutions shall discharge their financial obligations under this Agreement in their national currencies, subject to paragraph 2 hereof.

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   2.   Where under this Agreement a competent institution is required to pay a benefit to a beneficiary resident in the territory of another Contracting Party or to another competent institution in such territory, it shall discharge its obligation in the currency of such other Contracting Party.

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   3.   In the application of paragraph 2 hereof, the conversion rate shall be the rate of exchange in effect on the date of payment.

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   4.   Benefits shall be paid to beneficiaries free from any deductions for administrative or other expenses.

ARTICLE 57

Disputes Settlement

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   1.   Any dispute arising between 2 or more Contracting Parties concerning the interpretation or application of this Agreement shall first be subject to negotiation between the Contracting Parties concerned.

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   2.   Where the dispute is not settled within 3 months from the request for commencement of negotiations as set out in paragraph 1, the dispute shall be submitted to arbitration on the written request of any of the Contracting Parties. Such request shall be addressed to the Secretary General who shall promptly notify the parties to the dispute of the receipt of the request for arbitration.

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   3.   Any dispute to be submitted to arbitration shall be referred to a tribunal consisting of 3 arbitrators. Each party to the dispute shall appoint an arbitrator and the 2 arbitrators so appointed shall appoint the third arbitrator who shall be the chairman. The chairman must be a person with legal qualifications.

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   4.   For the purpose of appointing a tribunal referred to in the preceding paragraph, a list of arbitrators consisting of persons experienced in the practice of social security shall be drawn up and maintained by the Secretary General. To this end, every Contracting Party shall be invited to nominate 2 persons and the names of the persons so nominated shall constitute the list. The term of an arbitrator, including that of any arbitrator nominated to fill a vacancy, shall be 3 years and may be renewed. The chairman need not be appointed from the list.

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   5.   If within 30 days following the date of notification by the Secretary General in accordance with paragraph 2 of this Article, either party fails to appoint an arbitrator, any party may request the Secretary General to appoint the other arbitrator. If within 15 days of the appointment of the last of the 2 arbitrators the chairman has not been appointed, either party may request the Secretary General to appoint the chairman.

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   6.   Where more than 2 Contracting Parties are parties to a dispute, the parties concerned shall agree among themselves on the arbitrators to be appointed from the list. In the absence of such an appointment within the prescribed period, the Secretary General shall appoint a sole arbitrator whether from the list or otherwise for the purpose.

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   7.   The arbitral tribunals so established shall make a determination within 90 days from the date of its constitution. The decision of a sole arbitrator or of a majority in other cases shall be accepted by the parties to the dispute as final.

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   8.   The procedure of the tribunal shall be determined by the arbitrators but the chairman shall be empowered to settle all questions of procedure in any case where there is disagreement.

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   9.   The parties to a dispute shall bear the cost of the arbitration equally.