Revised Treaty of Chaguaramas establishing the Caribbean Community (2001)
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6. Nothing in this Article shall be construed so as to prevent an injured party or a Member State from initiating and proceeding with an investigation into alleged dumping having regard to the rights of such parties under intemational agreements to which they are signatories.

6. Nothing in this Article shall be construed so as to prevent an injured party or a Member State from initiating and proceeding with an investigation into alleged dumping having regard to the rights of such parties under intemational agreements to which they are signatories.

Article 132. Co-operation by Competent Authorities and Interested Parties

Article 132. Co-operation by Competent Authorities and Interested Parties

1. Where an applicant for an investigation who receives information pursuant to dumping investigations requires verification of the information, the competent authority and the parties alleged to be responsible for dumped imports shall co-operate in allowing the applicant to carry out verifications in the offending Member State.

1. Where an applicant for an investigation who receives information pursuant to dumping investigations requires verification of the information, the competent authority and the parties alleged to be responsible for dumped imports shall co-operate in allowing the applicant to carry out verifications in the offending Member State.

2. The results of any investigations carried out by a competent authority of a Member State aggrieved or by COTED shall be disclosed promptly to the competent authority and the parties alleged to be responsible for dumped imports in the offending Member State. A public notice of the conclusions of the investigations shall be issued by the Member Siate or by COTED, as the case may be. 

2. The results of any investigations carried out by a competent authority of a Member State aggrieved or by COTED shall be disclosed promptly to the competent authority and the parties alleged to be responsible for dumped imports in the offending Member State. A public notice of the conclusions of the investigations shall be issued by the Member Siate or by COTED, as the case may be. 

3. The purpose of the disclosure referred to in paragraph 2 shall be to present the facts of the case and to allow the parties alleged to be responsible for the dumped imports to defend their interests.

3. The purpose of the disclosure referred to in paragraph 2 shall be to present the facts of the case and to allow the parties alleged to be responsible for the dumped imports to defend their interests.

Article 133. Imposition of Anti-dumping Measures

Article 133. Imposition of Anti-dumping Measures

1. COTED shall, after consideration of the available evidence and having been satisfied of the existence of dumped imports, injury caused by dumped imports or the threat of serious injury from dumped imports, authorise the Member State aggrieved to take anti-dumping action:

1. COTED shall, after consideration of the available evidence and having been satisfied of the existence of dumped imports, injury caused by dumped imports or the threat of serious injury from dumped imports, authorise the Member State aggrieved to take anti-dumping action:

(a) if the parties alleged to be responsible for dumped imports refuse to co- operate within the time specified so as to frustrate or otherwise impede an investigation;

(a) if the parties alleged to be responsible for dumped imports refuse to co- operate within the time specified so as to frustrate or otherwise impede an investigation;

(b) if there is a serious threat of injury or if injury has resulted.

(b) if there is a serious threat of injury or if injury has resulted.

2. In authorising the imposition of anti-dumping measures, COTED shail set the date, duration and conditions for the imposition of the measures as the case may require.

2. In authorising the imposition of anti-dumping measures, COTED shail set the date, duration and conditions for the imposition of the measures as the case may require.

3. Anti-dumping action taken pursuant to this Article, shall be based on the calculated margin of dumping and may be applied as follows:

3. Anti-dumping action taken pursuant to this Article, shall be based on the calculated margin of dumping and may be applied as follows:

(a) if the evidence arising from definitive investigations of dumping proves the existence of dumping and that injury was caused by dumping, a Member State may impose anti-dumping duties sufficient to eliminate the margin of dumping. COTED may authorise all affected Member States to impose similar anti-dumping duties for such time and under such conditions as COTED may prescribe;

(a) if the evidence arising from definitive investigations of dumping proves the existence of dumping and that injury was caused by dumping, a Member State may impose anti-dumping duties sufficient to eliminate the margin of dumping. COTED may authorise all affected Member States to impose similar anti-dumping duties for such time and under such conditions as COTED may prescribe;

(b) in the imposition of anti-dumping duties, the Member States imposing the measure shail not discriminate among the sources of all dumped imports based on country of origin or nationality of the exporters;

(b) in the imposition of anti-dumping duties, the Member States imposing the measure shail not discriminate among the sources of all dumped imports based on country of origin or nationality of the exporters;

(c) an exporter whose exports are the subject of anti-dumping duties may request at any time the Member State imposing the duties to review the application of the duties against the relevant exports;

(c) an exporter whose exports are the subject of anti-dumping duties may request at any time the Member State imposing the duties to review the application of the duties against the relevant exports;

(d) if an applicant for review of anti-dumping duties applied to exports mentioned in sub-paragraph (c) is not satisfied that the competent authorities in the importing Member States have given adequate consideration to the request for review within 30 days of the receipt of the request, the applicant may refer the request to COTED which shall recommend to the Member State maintaining the anti-dumping duty to take the appropriate action if it is satisfied that the application for review is justified;

(d) if an applicant for review of anti-dumping duties applied to exports mentioned in sub-paragraph (c) is not satisfied that the competent authorities in the importing Member States have given adequate consideration to the request for review within 30 days of the receipt of the request, the applicant may refer the request to COTED which shall recommend to the Member State maintaining the anti-dumping duty to take the appropriate action if it is satisfied that the application for review is justified;

(e) in the event that investigations have been concluded and the evidence Proves that injury has been caused, a Member State may impose anti- dumping duties retroactively to account for the entire period during which Provisional anti-dumping duties have been in force preceding the date of imposition of definitive anti-dumping duties. If, however, the definitive anti- dumping duties are higher than the provisional duties paid or payable or the amount estimated for the purpose of security, the difference shall not be collected. if the definitive duties are lower than the provisional duties Payable, or the amount estimated for the purpose of security, the difference shall be reimbursed or the duties recalculated as the case may require;

(e) in the event that investigations have been concluded and the evidence Proves that injury has been caused, a Member State may impose anti- dumping duties retroactively to account for the entire period during which Provisional anti-dumping duties have been in force preceding the date of imposition of definitive anti-dumping duties. If, however, the definitive anti- dumping duties are higher than the provisional duties paid or payable or the amount estimated for the purpose of security, the difference shall not be collected. if the definitive duties are lower than the provisional duties Payable, or the amount estimated for the purpose of security, the difference shall be reimbursed or the duties recalculated as the case may require;

(f) if however the investigations reveal that injury was not caused by dumped imports as alleged, but the provisional measures have materially retarded exports of the Member State complained agains, COTED shall, upon application by such State, assess the effects of the provisionally applied duties and determine the nature and extent of compensation which is warranted and require the Member State applying provisional measures to withdraw the measure and pay compensation in accordance with its assessment

(f) if however the investigations reveal that injury was not caused by dumped imports as alleged, but the provisional measures have materially retarded exports of the Member State complained agains, COTED shall, upon application by such State, assess the effects of the provisionally applied duties and determine the nature and extent of compensation which is warranted and require the Member State applying provisional measures to withdraw the measure and pay compensation in accordance with its assessment

(g) a Member State may accept a voluntary price guarantee from an exporter who is believed to be exporting dumped products, to raise the price of the export sufficiently to forestall a serious threat of injury or to eliminate injury caused by dumped imports;

(g) a Member State may accept a voluntary price guarantee from an exporter who is believed to be exporting dumped products, to raise the price of the export sufficiently to forestall a serious threat of injury or to eliminate injury caused by dumped imports;

(h) if a Member State has initiated investigations based on evidence of dumped imports and the Member State had imposed provisional measures, the Member State may, upon the receipt of a voluntary guarantee from the exporter referred to in sub-paragraph (g), promptly suspend the investigation and withdraw any provisional measures it may have imposed as appropriate.

(h) if a Member State has initiated investigations based on evidence of dumped imports and the Member State had imposed provisional measures, the Member State may, upon the receipt of a voluntary guarantee from the exporter referred to in sub-paragraph (g), promptly suspend the investigation and withdraw any provisional measures it may have imposed as appropriate.

4. COTED shall keep under review all anti-dumping measures imposed by the Member States and shall ensure that the Member States observe the conditions and the timetable for review and withdrawal of anti-dumping measures that it may have authorised.

4. COTED shall keep under review all anti-dumping measures imposed by the Member States and shall ensure that the Member States observe the conditions and the timetable for review and withdrawal of anti-dumping measures that it may have authorised.

5. The Member States undertake to co-operate in the establishment of harmonised anti- dumping legislation and procedures in accordance with the provisions of this Protocol.

5. The Member States undertake to co-operate in the establishment of harmonised anti- dumping legislation and procedures in accordance with the provisions of this Protocol.

Chapter Chapter Six Transport Policy

Chapter Chapter Six Transport Policy

Article 134. Objectives of the Community Transport Policy

Article 134. Objectives of the Community Transport Policy

1. The goal of the Community Transport Policy shail be the provision of adequate, safe and intemationally competitive transport services forthe development and consolidation of the CSME.

1. The goal of the Community Transport Policy shail be the provision of adequate, safe and intemationally competitive transport services forthe development and consolidation of the CSME.

2. In fulfilment of the goal set out in paragraph 1 of this Article, the Community shall Pursue the following objectives:

2. In fulfilment of the goal set out in paragraph 1 of this Article, the Community shall Pursue the following objectives:

(a) the organisation of efficient, reliable, affordable transport services throughout the Community;

(a) the organisation of efficient, reliable, affordable transport services throughout the Community;

(b) the development and expansion of air and maritime transport capabilities in the Community;

(b) the development and expansion of air and maritime transport capabilities in the Community;

(c) the promotion of co-operative arrangements for the provision of transport services;

(c) the promotion of co-operative arrangements for the provision of transport services;

(d) the development of efficient internationally competitive ancillary transport services;

(d) the development of efficient internationally competitive ancillary transport services;

(e) the development of human resources for employment in all areas and at all levels of the transport sector;

(e) the development of human resources for employment in all areas and at all levels of the transport sector;

(f) the implementation of standards for the development of safe road, riverine, Sea and air transport services.

(f) the implementation of standards for the development of safe road, riverine, Sea and air transport services.

Article 135. Implementation of Community Transport Policy

Article 135. Implementation of Community Transport Policy

1. In order to achieve the objectives of the Community Transport Policy, COTED shall, in collaboration with other Organs of the Community as appropriate, promote, inter alia:

1. In order to achieve the objectives of the Community Transport Policy, COTED shall, in collaboration with other Organs of the Community as appropriate, promote, inter alia:

(a) co-ordination of the national transport policies of the Member States;

(a) co-ordination of the national transport policies of the Member States;

(b) the implementation of uniform regulations and procedures, consistent with standards and recommended practices, for the development of an efficient multi-modal transport system, particularly in respect of operations, safety, licensing and certification;
(c) the development of required institutional, legal, technical, financial and administrative support for the balanced, sustainable development of the transport sector;
(d) the establishment of measures:
(i) to ensure that the development of the transport sector does not impact adversely on the environment of the Member States and, in particular, the Caribbean Sea;

(b) the implementation of uniform regulations and procedures, consistent with standards and recommended practices, for the development of an efficient multi-modal transport system, particularly in respect of operations, safety, licensing and certification;
(c) the development of required institutional, legal, technical, financial and administrative support for the balanced, sustainable development of the transport sector;
(d) the establishment of measures:
(i) to ensure that the development of the transport sector does not impact adversely on the environment of the Member States and, in particular, the Caribbean Sea;

(ii) for the acquisition and transfer of technology in the transport sector; and
(iii) for human resources development in accordance with Article 63;

(ii) for the acquisition and transfer of technology in the transport sector; and
(iii) for human resources development in accordance with Article 63;

(e) investment in the transport sector, including ancillary services supportive of the sector through, for example, joint ventures;

(e) investment in the transport sector, including ancillary services supportive of the sector through, for example, joint ventures;

(f) the removal of obstacles to the provision of transport services by nationals of the Member States in accordance with the relevant provisions of Chapter Three.

2. COTED shall develop programmes to facilitate the achievement of the objectives set out in Article 134.

3. The Member States shall co-ordinate their actions in order to secure the best terms and conditions for the provision of transport services by service providers.

Article 136. Search and Rescue

1. COTED shall promote co-operation in air and maritime search and rescue operations inthe Community, bearing in mind such machinery as may exist for the overall co-ordination of search and rescue services.

2. The Member Siates shall notify COTED of air and maritime equipment and facilities available for use in search and rescue operations.

3. The Member States shall collaborate with third States and competent intemational organisations in search and rescue operations.

Article 137. Intra-Community Transport Services

1. The Member States shail adopt uniform standards and recommended practices for the provision of transport services.

2. The Member States shall notify COTED of legislative, regulatory or administrative measures affecting the provision of transport services within their domestic jurisdictions where such measures deviate from uniform standards and recommended practices.

3. The Member States adversely affected by such regulatory or administrative measures may notify COTED of such adverse effects, and shall have recourse to the disputes settlement procedures provided in the Treaty.

Article 138. Development of Air Transport Services

1. the member siates shail co-operate in:
(a) the development of air transport services in the Community and towards this end may conclude among themselves air transport agreements designed to facilitate the provision of such services;

(b) establishing measures to ensure that the provision of international air transport services in the Community is undertaken by financially viable and technically qualified carriers and operators, and that the Community interest in Safety, security and economy of air travel is not prejudiced.

2. COTED shall promote co-operation among the Member States in the registration of aircraft and the enforcement of applicable standards in the air transport industry.

3. The Member States shall co-operate in ensuring uniformity in licensing and certification procedures and equivalencies within the Community for aviation personnel in conformity with international standards.

4. COTED shall promote co-operation among operators of air transport services of the Member States particularly in purchasing of equipment and supplies, the management of inventories, interline and inter-modal operations, code sharing, reservations, insurance, leasing and similar operations.

Article 139. Aircraft Accident and Incident Investigation

1. The Member States undertake to conduct effective and comprehensive investigations into aircraft accidents and incidents with a view to enhancing the technical conditions for the safe delivery of air transport services.

2. The Member States shall, to the extent practicable, make available appropriate equipment, facilities and personnel to assist in the investigation of aircraft accidents or incidents which occur within the Community and take effective measures to protect the property of victims, relevant evidence and the crash site from interference and unauthorised entry.

3. The Member States shall collaborate with third States and competent intemational organisations in the conduct of aircraft accident investigations.

Article 140. Development of Maritime Transport Services

1. The Member States shail co-operate in the development of maritime transport services in the Community. In particular, the Member States shall co-operate in:

(a) enhancing flag and port State control activities in the Region;

(b) developing and providing expertise in the shipping industry, including the necessary services and infrastructure necessary for the growth of the shipping sector;

(o) protecting the marine environment from the effects of vessel source pollution and in combating the effects of such pollution; and

(d) taking any other action necessary for the sustainable development of the shipping sector.

2. The Community shall co-operate with competent national, regional and international

organisations in establishing conditions for the provision of efficient and affordable maritime transport services among the Member States.

3. COTED shall promote co-operation among the Member Siates in the implementation of relevant international maritime instruments relating to maritime safety, marine environmental protection, maritime accident investigation and the facilitation of maritime traffic.

4. COTED shail promote and co-ordinate the development of maritime transport services in the Community through, inter alia:

(a) the development of proposals for the establishment and upgrade of small vessel enterprises in the Community;

(b) the establishment of a regime of incentives to encourage the development of shipping enterprises in the Community;

(c) measures for the establishment, improvement and rationalisation of port facilities in the Community, to respond to the demands of containerisation, refrigeration and storage of agricultural commodities, nautical and cruise tourism and other special and dedicated services;

(d) co-operation and regular interchange among administrations to promote a harmonised system for the development of maritime transport in the Community;

(e) promotion of joint ventures among Community nationals and with extra- regional shipping enterprises to facilitate the transfer of appropriate technology and increase the participation of the Member States in international shipping;

(f) the organisation and harmonisation of training programmes within the Community, the strengthening of the capabilities of training institutions and the ease of access of Community nationals to all aspects of training and development in the shipping industry; and

(g) measures for the development of ancillary services in the shipping industry, including non-vessel operating common carriers, marine insurance, freight forwarding, transshipment and other services.

5. The Member States shail promote the development of maritime transport services in the Community through, inter alia:

(a) the establishment and improvement of port facilities;

(b) the establishment of effective maritime administrations for the regulation of shipping in the respective jurisdictions of maritime safety and marine environmental protection;

(c) the implementation of relevant international maritime instruments related to the safety of shipping and the prevention of vessel source pollution; and

(d) encouraging improved efficiency in ports and in related services to reduce maritime transportation costs.

Article 141. Special Status of the Caribbean Sea

The Member States shall co-operate in achieving international recognition for the Caribbean Sea as a Special Area requiring protection from the potentially harmful effects of the transit of nuclear and other hazardous wastes, dumping, pollution by oil or by any other substance carried by sea or wastes generated through the conduct of ship operations.

Chapter SEVEN. Disadvantaged Countries, Regions and Sectors

Part ONE. PRELIMINARY

Article 142. Scope of Application

1. The provisions of this Chapter shall have effect for the purpose of establishing a regime for disadvantaged countries, regions or sectors within the framework of the Treaty as well as a special regime for the Less Developed Countries in order to enhance their prospects for successful competition within the Community, and redress, to the extent possible, any negative impact of the establishment of the CSME.

2. As soon as practicable after the entry into force of this Treaty, the Conference shall, on the recommendation of the Community Council and in accordance with Article 1, designate disadvantaged countries, regions and sectors and may, from time to time, make such further designations or terminate such designations as circumstances warrant.

3. Wherever in this Treaty reference is made to disadvantaged countries, regions and sectors or to the Less Developed Countries, the Organs of the Community shall take the measures required to give effect to the spirit and intent of this Chapter.

Article 143. Objective of the Regimes

1. the objective of the regimes mentioned in article 142 is to assist the disadvantaged countries, regions and sectors towards becoming economically viable and competitive by appropriate interventions of a transitional or temporary nature.

2. The interventions referred to in paragraph 1 of this Article may include:

(a) technical and financial assistance to address economic dislocation arising from the operation of the CSME;

(b) special measures to aitract investment and industries;

(c) transitional or temporary arrangements to ameliorate or arrest adverse economic and social impact arising from the operation of the CSME;

(d) special measures to assist industries to become efficient and competitive;

(e) assistance intended to achieve structural diversification and infrastructural development;

(f) assistance to economic enterprises disadvaniaged by the removal of intraregional barriers;

(g) the establishment of mechanisms to monitor, and assist in the discharge of, obligations assumed under the Treaty and other international trade agreements.

Article 144. Implementation of Measures

Subject to the authority of the Conference, COTED and COFAP., as appropriate, shail establish, administer and monitor the measures identified in Article 143.

Article 145. Review of Measures

1. The Community Council shall review, as appropriate, the effectiveness of measures taken pursuant to this Chapter and take such action as may be necessary to achieve the objective set out in Article 143, and shall submit a report thereon to the Conference.

2. The review shall include an examination of relevant programmes and support measures in order to determine their efficacy as a basis for their termination or modification as the case may be.

Part TWO. REGIME FOR DISADVANTAGED COUNTRIES, REGIONS AND SECTORS

Article 146. Measures to Redress Disadvantage Arising from Economic Dislocation

1. The Member States agree that where economic dislocation arising from the operation of the CSME occurs, and notwithstanding any provisions to the contrary in this Treaty, COTED may, as the case may require on a temporary basis and subject to Article 144, adopt effective measures to arrest or mitigate adverse effects on economic activity. Such measures may include the grant of incentives to address the dislocation and shall be without prejudice to any incentives provided for in Articles 52 and 69.

2. Notwithstanding any provisions to the contrary in this Treaty, the measures mentioned in this Article may, where necessary, provide for temporary derogations from rights and obligations set out in the Treaty.

3. COTED shall periodically examine the impact of the measures mentioned in Paragraph 2 with a view to determining their adequacy and establishing a time-frame for their discontinuance.

4. The Member States shall co-operate with the Community Organs in implementing the measures mentioned in paragraph 2 of this Article and shall take the action required to secure compliance therewith.

Article 147. Promotion of Investment

COFAP shall promote invesiment in disadvantaged countries by, inter alia, facilitating:

(a) the establishment of joint ventures among nationals of disadvantaged countries as well as between nationals of disadvantaged countries and nationals of other Member States;

(b) the establishment of joint ventures between nationals of disadvantaged countries and nationals of third countries;

  • 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