Revised Laws of Saint Lucia (2023)

ARTICLE 8:   COMPOSITION AND FUNCTIONS OF THE OECS AUTHORITY

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   8.1   The OECS Authority shall be composed of the Member States represented by their Heads of Government.

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   8.2   Any member of the OECS Authority may, as appropriate, designate a Minister to represent such member at any meeting of the OECS Authority.

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   8.3   Only Member States possessing the necessary competence in respect of matters under consideration from time to time shall take part in the deliberations of the OECS Authority.

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   8.4   The OECS Authority shall be the supreme policy-making Organ of the Organisation. It shall be responsible for, and have the general direction and control of the performance of the functions of, the Organisation for the progressive development of the Organisation and the achievement of its purposes.

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   8.5   The OECS Authority shall have power to make decisions on all matters within its competence. All such decisions other than decisions on procedural matters shall require the affirmative vote of all full Member States present and voting at the meeting of the OECS Authority at which such decisions were taken, provided that such decisions shall have no force and effect until the Heads of Government of those full Member States, if any, which were not present at that meeting, have within the consideration periods expressed either support for, or abstention in relation to, the decision. The absence of a response from any such Head of Government by the end of the relevant consideration period shall have thereafter the same effect as an abstention by that Member State from voting would have had if the Head of Government had been present at the meeting of the OECS Authority. The consideration period for a Head of Government is for this purpose the period terminating 30 days after that Head of Government has received from the OECS Commission advice of the decision in question.

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   8.6   Decisions on procedural matters shall be made by a majority of all full Member States present and voting at the meeting of the OECS Authority at which such decisions were taken.

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   8.7   For the purposes of this Treaty, the decision that a matter is a procedural matter is not a decision on procedural matters, and in the absence of a decision that the matter is procedural, the matter is deemed not to be procedural.

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   8.8   Decisions by the OECS Authority under the preceding paragraphs shall be binding on all Member States and on all Organs of the Organisation and effect shall be given to any such decisions provided that it is within the sovereign competence of Member States to implement them.

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   8.9   Reference in this Treaty to a unanimous decision of the OECS Authority means a reference to a decision taken in compliance with the preceding paragraphs, other than a decision on procedural matters, provided that —

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      (a)     where the OECS Authority is taking a decision in relation to the Economic Union Protocol, the reference to full Member States in the preceding paragraph shall refer only to those full Member States which are parties to the Economic Union Protocol under Article 24;

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      (b)     a Member State which is in arrears in the payment of its financial contributions to the Organisation shall be deemed to be abstaining, and shall not be considered as present and voting, in all votes on matters falling for the OECS Authority's decision as long as the amount of that Member State's arrears equals or exceeds the amount of the contributions due from it for the preceding full year, save that a majority of the other Member States of the OECS Authority may permit the Member State in arrears to vote.

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   8.10   The OECS Authority may enact Acts of the Organisation within the sphere of the legislative competence of the Organisation under Article 14 after referring to the OECS Assembly for its report any proposal to do so. The report of the OECS Assembly is not binding on the OECS Authority.

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   8.11   The OECS Authority may make such recommendations and give such directives as it deems necessary for the achievement of the purposes of the Organisation and for ensuring the smooth functioning of the Organs of the Organisation. In particular, the OECS Authority may give directives to and reverse any decision of another Organ or any officer of the Organisation, without prejudice to rights which may have accrued prior to giving such directives or reversing such decision.

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   8.12   The OECS Authority may establish, and designate as such, Organs of the Organisation, in addition to those specified in Article 7.1 of this Treaty, as it deems necessary for the achievement of the purposes of the Organisation.

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   8.13   The OECS Authority shall be the final authority for the conclusion of treaties or other international agreements on behalf of the Organisation and for entering into relationships between the Organisation and other international organisations and third countries.

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   8.14   Subject to the relevant provisions of this Treaty, the OECS Authority shall take decisions for the purpose of establishing the financial arrangements necessary for meeting the expenses of the Organisation and shall be the final authority on questions arising in relation to the financial affairs of the Organisation.

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   8.15   The OECS Authority shall meet at least twice a year. It shall determine its own procedure including that for convening meetings, for the conduct of business thereat and at other times, and for the annual rotation of the office of the Chairman among its members in accordance with the principle of alphabetical order of the Member States except where otherwise agreed.

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   8.16   The OECS Authority shall in addition meet in extraordinary session whenever it deems necessary in accordance with the rules laid down in its rules of procedure.