Revised Treaty of Chaguaramas establishing the Caribbean Community (2001)
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1. Conference may designate any Organ or Body of the Community to negotiate agreements for the achievement of the objectives of the Community.

2. Conference may delegate to the Secretary-General the conclusion of agreements, Particularly technical assistance agreements, on behaif 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 Sth 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. This Treaty may be amended by the unanimous decision of the Parties.
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. Reservationsreservations May Be Entered to this Treaty with the Consent of the Signatory States.

Article 238. Accession

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.

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. Undertakingthe Member States Undertake to Elaborate a Protocol Relating, Inter Alia, to:

(a) electronic commerce;
(b) government procurement
(c) treatment of goods produced in free zones and similar jurisdictions;

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

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

Article 240. Saving

1. Decisions of competent Organs taken under this Treaty shall be subject to the relevant constitutional procedures of the Member Siates before creating legally binding rights and obligations for nationals of such States.

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

3. COTED shail monitor and keep under review the implementation of the provisions of this Article and shall convene a review conference of Member States within five years from the entry into force of this Treaty.

Conclusion

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 ail the signatories.

Signed by
for the Government of Antigua and Barbuda on the day of 2001 at 

Signed by
for the Government of Belize on the day of 2001 at

Signed by
for the Government of the Commonwealth of Dominica on the day of 2001 at

Signed by
for the Government of Grenada on the day of 2001 at

Signed by
for the Government of the Co-operative Republic of Guyana on the day of 2001 at

Signed by
for the Government of Jamaica on the day of 2001 at

Signed by
for the Government of Montserrat on the day of 2001 at

Signed by
for the Government of St. Kitts and Nevis on the day of 2001 at

Signed by
for the Government of Saint Lucia on the day of 2001 at

Signed by
for the Government of St. Vincent and the Grenadines on the day of 2001 at

Signed by
for the Government of The Republic of Suriname on the day of 2001 at

Signed by
for the Government of The Republic of Trinidad and Tobago on the day of 2001 at

Signed by
for the Government of the Republic of Haiti on the day of 2002.

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  • Article   1 Use of Terms 1
  • Chapter   ONE Principles 1
  • Article   2 Establishment of the Community 1
  • Article   3 Membership 1
  • Article   4 Less Developed Countries and More Developed Countries 1
  • Article   5 Modification of the Status of Member States 1
  • Article   6 Objectives of the Community 1
  • Article   7 Non-discrimination 1
  • Article   8 Most Favoured Nation Treatment 1
  • Article   9 General Undertaking on Implementation 1
  • Chapter   TWO Institutional Arrangements 1
  • Article   10 Organs of the Community 1
  • Article   11 Composition of the Conference 1
  • Article   12 Functions and Powers of the Conference 2
  • Article   13 The Community Council of Ministers 2
  • Article   14 The Council for Finance and Planning 2
  • Article   15 The Council for Trade and Economic Development 2
  • Article   16 The Council for Foreign and Community Relations 2
  • Article   17 The Council for Human and Social Development 2
  • Article   18 Bodies of the Community 2
  • Article   19 Composition and Functions of Bodies of the Community 2
  • Article   20 Co-operation by Community Organs 2
  • Article   21 Institutions of the Community 2
  • Article   22 Associate Institutions of the Community 2
  • Article   23 The Secretariat 2
  • Article   24 The Secretary-general 2
  • Article   25 Functions of the Secretariat 2
  • Article   26 The Consultative Process 2
  • Article   27 Common Voting Procedures In Community Organs and Bodies 2
  • Article   28 Voting In the Conference 2
  • Article   29 Voting In the Community Council and Ministerial Councils 2
  • Chapter   Three  Establishment, Services, Capital and Movement of Community Nationals 2
  • Article   30 Scope of Application 2
  • Article   31 Treatment of Monopolies 2
  • Article   32 Prohibition of New Restrictions on the Right of Establishment 2
  • Article   33 Removal of Restrictions on the Right of Establishment 3
  • Article   34 Management of Removal of Restrictions on the Right of Establishment 3
  • Article   35 Acceptance of Diplomas, Certificates, and other Evidence of Qualifications 3
  • Article   36 Prohibition of New Restrictions on the Provision of Services 3
  • Article   37 Removal of Restrictions on Provision of Services 3
  • Article   38 Removal of Restrictions on Banking, Insurance and other Financial Services 3
  • Article   39 Prohibition of New Restrictions on Movement of Capital and Current Transactions 3
  • Article   40 Removal of Restrictions on Movement of Capital and Current Transactions 3
  • Article   41 Authorisation to Facilitate Movement of Capital 3
  • Article   42 Co-ordination of Foreign Exchange Policies and Exchange of Information 3
  • Article   43 Restrictions to Safeguard Balance-of-payments 3
  • Article   44 Measures to Facilitate Establishment, Provision of Services and Movement of Capital 3
  • Article   45 Movement of Community Nationals 3
  • Article   46 Movement of Skilled Community Nationals 3
  • Article   47 Restrictions to Resolve Difficulties or Hardships Arising from the Exercise of Rights 3
  • Article   48 Waiver of Obligations to Grant Rights 3
  • Article   49 Special Provisions for Less Developed Countries 3
  • Article   50 Accelerated Implementation 3
  • Chapter   Four  Policies for Sectoral Development 3
  • Part   ONE  INDUSTRIAL POLICY 3
  • Article   51 Objectives of the Community Industrial Policy 3
  • Article   52 Implementation of Community Industrial Policy 4
  • Article   53 Micro and Small Economic Enterprise Development 4
  • Article   54 Development of the Services Sector 4
  • Article   55 Sustainable Tourism Development 4
  • Part   TWO AGRICULTURAL POLICY 4
  • Article   56 The Community Agricultural Policy 4
  • Article   57 Implementation of the Community Agricultural Policy 4
  • Article   58 Natural Resource Management 4
  • Article   59 Marketing of Agricultural Products 4
  • Article   60 Fisheries Management and Development 4
  • Article   61 Forest Management and Development 4
  • Article   62 Saving 4
  • Part   THREE Common Supportive Measures 4
  • Article   63 Human Resources Development 4
  • Article   64 Research and Development 5
  • Article   65 Environmental Protection 5
  • Article   66 Protection of Intellectual Property Rights 5
  • Article   67 Standards and Technical Regulations 5
  • Article   68 Community Investment Policy 5
  • Article   69 Harmonisation of Investment Incentives 5
  • Article   70 Macro-economic Policies 5
  • Article   71 Financial Infrastructure 5
  • Article   72 Double Taxation Agreements 5
  • Article   73 Industrial Relations 5
  • Article   74 Legal Infrastructure 5
  • Article   75 Development of Social Infrastructure 5
  • Article   76 Role of Public Authoritiescoted Shall Promote the Modemisation of Government Bureaucracies by, Inter Alia: 5
  • Article   77 Special Provisions for Less Developed Countrieswhere In this Chapter Member States or Competent Organs Are Required to Adopt 5
  • Chapter   FIVE Trade Policy 5
  • Part   ONE PRELIMINARY 5
  • Article   78 Objectives of the Community Trade Policy 5
  • Article   79 General Provisions on Trade Liberalisation 5
  • Article   80 Co-ordination of External Trade Policy 5
  • Article   81 Deposit of Agreements with Third Countries 6
  • Part   TWO TRADE LIBERALISATION 6
  • Article   82 Establishment of Common External Tariff 6
  • Article   83 Operation of the Common Extemal Tariff 6
  • Article   84 Community Rules of Origin 6
  • Article   85 Export Promotion 6
  • Article   86 Freedom of Transit 6
  • Article   87 Import Duties 6
  • Article   88 Prohibition of Export Duties 6
  • Article   89 Export Drawback 6
  • Article   90 Internal Taxes and other Fiscal Charges 6
  • Article   91 Quantitative Restrictions 6
  • Article   92 Difficulties Occasioned by Particular Imports 6
  • Article   93 Government Assistance to Economic Development 6
  • Article   94 Public Undertakings 6
  • Article   95 Co-operation In Customs Administration 6
  • Part   THREE Subsidies 6
  • Article   96 Determination of a Subsidy 6
  • Article   97 Types of Subsidies 6
  • Article   98 Entitlement to Take Action Against Subsidised Products 7
  • Article   100 Preliminary Investigation of Prohibited Subsidies 7
  • Article   101 Request for Consultations Relating to Prohibited Subsidies 7
  • Article   102 Reference to Coted to Investigate Prohibited Subsidies 7
  • Article   103 Investigation by Coted of Prohibited Subsidies 7
  • Article   104 Withdrawal of Prohibited Subsidies 7
  • Article   105 Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice 7
  • Article   106 Preliminary Investigation of Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice 7
  • Article   107 Request for Consultations Relating to Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice 7
  • Article   108 Reference to Coted to Investigate Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice 7
  • Article   109 Investigation by Coted of Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice 7
  • Article   110 Consequences of Failure to Remove Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice 7
  • Article   111 Types of Subsidies Causing Serious Adverse Effects 7
  • Article   112 Preliminary Investigation of Subsidies Causing Serious Adverse Effects 7
  • Article   113 Request for Consultations Relating to Subsidies Causing Serious Adverse Effects 7
  • Article   114 Investigation by Coted of Subsidies Causing Serious Adverse Effects 7
  • Article   115 Consequences of Failure to Eliminate or Establish Adverse Effects of Subsidies 7
  • Article   116 Imposition of Provisional Measures and Countervailing Duties 7
  • Part   FOUR SUBSIDIES TO AGRICULTURE 7
  • Article   117 Definition 7
  • Article   118 Rights 7
  • Article   119 Obligations 7
  • Article   120 Regulation 8
  • Article   120 Regulation 8
  • Article   121 Discipline 8
  • Article   121 Discipline 8
  • Article   122 Due Restraint 8
  • Article   122 Due Restraint 8
  • Article   123 Notification 8
  • Article   123 Notification 8
  • Article   124 Review 8
  • Article   124 Review 8
  • Part   FIVE Dumping 8
  • Part   FIVE Dumping 8
  • Article   125 Action Against Dumping 8
  • Article   125 Action Against Dumping 8
  • Article   126 Determination of Dumping 8
  • Article   126 Determination of Dumping 8
  • Article   127 Determination of Injury 8
  • Article   127 Determination of Injury 8
  • Article   128 Definition of Domestic Industry 8
  • Article   128 Definition of Domestic Industry 8
  • Article   129 Initiation of Preliminary Investigations 8
  • Article   129 Initiation of Preliminary Investigations 8
  • Article   130 Provisional Measures 8
  • Article   130 Provisional Measures 8
  • Article   131 Conduct of Investigations Leading to Definitive Determination of Injury 8
  • Article   131 Conduct of Investigations Leading to Definitive Determination of Injury 8
  • Article   132 Co-operation by Competent Authorities and Interested Parties 9
  • Article   132 Co-operation by Competent Authorities and Interested Parties 9
  • Article   133 Imposition of Anti-dumping Measures 9
  • Article   133 Imposition of Anti-dumping Measures 9
  • Chapter   Chapter Six Transport Policy 9
  • Chapter   Chapter Six Transport Policy 9
  • Article   134 Objectives of the Community Transport Policy 9
  • Article   134 Objectives of the Community Transport Policy 9
  • Article   135 Implementation of Community Transport Policy 9
  • Article   135 Implementation of Community Transport Policy 9
  • Article   136 Search and Rescue 9
  • Article   137 Intra-Community Transport Services 9
  • Article   138 Development of Air Transport Services 9
  • Article   139 Aircraft Accident and Incident Investigation 9
  • Article   140 Development of Maritime Transport Services 9
  • Article   141 Special Status of the Caribbean Sea 9
  • Chapter   SEVEN Disadvantaged Countries, Regions and Sectors 9
  • Part   ONE PRELIMINARY 9
  • Article   142 Scope of Application 9
  • Article   143 Objective of the Regimes 9
  • Article   144 Implementation of Measures 9
  • Article   145 Review of Measures 9
  • Part   TWO REGIME FOR DISADVANTAGED COUNTRIES, REGIONS AND SECTORS 9
  • Article   146 Measures to Redress Disadvantage Arising from Economic Dislocation 9
  • Article   147 Promotion of Investment 9
  • Article   148 Measures Relating to the Services Sector 10
  • Article   149 Measures Relating to the Right of Establishment 10
  • Article   150 Safeguard Measures 10
  • Article   151 Support for Sensitive Industries 10
  • Article   152 Public Undertakings 10
  • Article   153 Use of Technological and Research Facilities In Member States 10
  • Article   154 Promotion of Development 10
  • Article   155 Special Provisions for Guyana 10
  • Article   156 Application of the Special Regime to Highly- Indebted Poor Countries 10
  • Article   157 Technical and Financial Assistance 10
  • Article   158 The Development Fund 10
  • Article   159 Saving 10
  • Part   THREE SPECIAL REGIME FOR LESS DEVELOPED COUNTRIES 10
  • Article   160 Import Duties 10
  • Article   161 Community Origin 10
  • Article   162 Incentive Regimes 10
  • Article   163 The Common External Tariff 10
  • Article   164 Promotion of Industrial Development 10
  • Article   165 Public Undertakings 10
  • Article   166 Use of Technological and Research Facilities 10
  • Article   167 Special Provisions for Belize 10
  • Chapter   EIGHT Competition Policy and Consumer Protection 10
  • Part   ONE RULES OF COMPETITION 10
  • Article   168 Scope of Chapter 10
  • Article   169 Objectives of Community Competition Policy 10
  • Article   170 Implementation of Community Competition Policy 10
  • Article   171 Establishment of the Competition Commission 10
  • Article   172 Composition of the Commission 10
  • Article   173 Functions of the Commission 10
  • Article   174 Powers of the Commission 10
  • Article   175 Determination of Anti-Competitive Business Conduct: Procedure of Commission on Request 10
  • Article   176 Determination of Anti-competitive Business Conduct: Procedure of Commission Proprio Motu 11
  • Article   177 Prohibition of Anti-competitive Business Conduct 11
  • Article   178 Determination of Dominant Positionfor the Purposes of this Chapter: 11
  • Article   179 Abuse of a Dominant Position 11
  • Article   180 Negative Clearance Rulings 11
  • Article   181 De Minimis Rule 11
  • Article   182 Powers of the Coted Respecting Community Competition Policy and Rules 11
  • Article   183 Exemptions 11
  • Part   TWO CONSUMER PROTECTION 11
  • Article   184 Promotion of Consumer Interests In the Community 11
  • Article   185 Protection of Consumer Interests In the Community 11
  • Article   186 Action by the Commission to Provide Support In the Promotion of Consumer Welfare and Protection of Consumer Interests 11
  • Chapter   Chapter Nine Disputes Settlement 11
  • Article   187 Scope of the Chapter 11
  • Article   188 Modes of Dispute Settlement 11
  • Article   189 Expeditious Settlement of Disputes 11
  • Article   190 Notification of Existence and Settlement of Disputes 11
  • Article   191 Good Offices 11
  • Article   192 Mediation 11
  • Article   193 Obligation to Enter Consultations 11
  • Article   194 Obligations of Consulting Parties 12
  • Article   195 Initiation of Conciliation Proceedings 12
  • Article   196 Establishment of a List of Conciliators 12
  • Article   197 Constitution of Conciliation Commissiona Conciliation Commission Shall Be Constituted from Time to Time as Follows: 12
  • Article   198 Amicable Settlement 12
  • Article   199 Functions of Conciliation Commission 12
  • Article   200 Procedure 12
  • Article   201 Report 12
  • Article   202 Termination 12
  • Article   203 Fees and Expenses 12
  • Article   204 Arbitration 12
  • Article   205 Constitution of the List of Arbitrators 12
  • Article   206 Constitution of Arbitral Tribunal 12
  • Article   207 Rules of Procedure of Arbitral Tribunal 12
  • Article   208 Third Party Intervention 12
  • Article   209 Additional Information from Expertswhere Proceedings Have Commenced, the Arbitral Tribunal May, on Its Own Initiative 12
  • Article   210 Expenses of Arbitral Tribunal 12
  • Article   211 Jurisdiction of the Court In Contentious Proceedings 12
  • Article   212 Advisory Opinions of the Court 12
  • Article   213 Institution of Proceedings 12
  • Article   214 Referral to the Court 12
  • Article   215 Compliance with Judgments of the Court 12
  • Article   216 Compulsory Jurisdiction of the Court 12
  • Article   217 Law to Be Applied by the Court In the Exercise of Its Original Jurisdiction 12
  • Article   218 Application for Interim Measures 12
  • Article   219 Revision of Judgments of the Court In the Exercise of Its Original Jurisdiction 12
  • Article   220 Rules of Court Governing Original Jurisdiction 12
  • Article   221 Judgment of the Court to Constitute Stare Decisis 12
  • Article   222 Locus Standi of Private Entities 12
  • Article   223 Alternative Disputes Settlement 12
  • Article   224 General Undertaking 12
  • Chapter   Chapter Ten General and Final Provisions 12
  • Article   225 Security Exceptionsnothing In this Treaty Shall Be Construed: 12
  • Article   226 General Exceptions 12
  • Article   227 Notification 12
  • Article   228 Legal Capacity of the Community 12
  • Article   229 Privileges and Immunities of the Community 12
  • Article   230 Negotiation and Conclusion of Agreements 13
  • Article   231 Associate Membership 13
  • Article   232 13
  • Article   233 Ratification 13
  • Article   234 Entry Into Force 13
  • Article   235 Registration 13
  • Article   236 Amendments 13
  • Article   237 Reservationsreservations May Be Entered to this Treaty with the Consent of the Signatory States. 13
  • Article   238 Accession 13
  • Article   239 Undertakingthe Member States Undertake to Elaborate a Protocol Relating, Inter Alia, to: 13
  • Article   240 Saving 13