CARIBBEAN COMMUNITY ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
The Community

   3   Treaty to have force of law

   4   Financial provisions

   5   Implementation of the Treaty

   6   Referrals

   7   Evidence

   8   Amendment of Schedule

 

PART III
General

   9   Inconsistency with other legislation

   10   Repeal and transitional

      SCHEDULE

 

THE CARIBBEAN COMMUNITY ACT

[Date of Commencement: 1st December, 2005]

Act 15 of 2004.

PART I
Preliminary (sections 1-2)

1   Short title

   This Act may be cited as the Caribbean Community Act.

2   Interpretation

   For the purposes of this Act-

   "Community" means the Caribbean Community established by Article 2 of the Treaty;

   "Organ of the Community" includes-

   (a)   the Conference of Heads of Government (the Conference);

   (b)   the Community Council of Ministers (the Council);

   (c)   the Council for Finance and Planning (COFAP);

   (d)   the Council for Trade and Economic Development (COTED);

   (e)   the Council for Foreign and Community Relations (COFCOR);

   (f)   the Council for Human and Social Development (COHSOD); and

   (g)   such other organisation of the Community as may be specified by order;

   "Treaty" means the Revised Treaty of Chaguaramas establishing the Caribbean Community signed in the Bahamas on July 5, 2001, the text of which is set out in the Schedule, as is in force in relation to Jamaica.

PART II
The Community (sections 3-8)

3   Treaty to have force of law

   (1) Subject to the provisions of this Act, the Treaty shall have the force of law in Jamaica.

   (2) The Community shall have full juridical personality.

4   Financial provisions

   (1) All sums required to be paid by the Government for the purpose of meeting the obligations of Jamaica under the Treaty shall be charged on the Consolidated Fund.

   (2) All sums received by the Government under or by virtue of the Treaty shall be paid into the Consolidated Fund.

5   Implementation of the Treaty

   (1) The Minister responsible for CARICOM Affairs may, by Regulations subject to affirmative resolution, make provision for the purpose of-

   (a)   implementing any Community obligation of Jamaica, or enabling any such obligation to be implemented;

   (b)   enabling any rights enjoyed or to be enjoyed by Jamaica under or by virtue of the Treaty, to be exercised; or

   (c)   dealing with matters arising out of or related to any such obligation or rights.

   (2) The application of section 6 of the Diplomatic Immunities and Privileges Act, by virtue of any order under subsection (1) of that section, to the Community shall not be deemed to be, or to have been, abrogated in consequence of any countries, other than Sovereign Powers, being included among the members of the Community.

6   Referrals

   Where in any legal proceedings, the court or tribunal considers that a decision on any question concerning-

   (a)   the interpretation or application of the Treaty; or

   (b)   the validity, meaning or application of instruments made under the Treaty,

is necessary for it to deliver judgment, the question shall be referred to the Caribbean Court of Justice.

7   Evidence

   Evidence on-

   (a)   any instrument issued by an organ of the Community;

   (b)   any document in the custody of the Secretariat of the Community; or

   (c)   any entry in or extract from a document in the custody of the Secretariat of the Community,

may be given in any legal proceedings by production of a copy certified as a true copy by the Secretary-General of the Community.

8   Amendment of Schedule

   (1) Where the Treaty is amended in accordance with Article 236, the Minister responsible for CARICOM Affairs shall, by order, amend the Schedule accordingly.

   (2) An order made under subsection (1) may contain such consequential, supplemental or ancillary provisions (including provisions amending this Act) as appear to the Minister to be necessary or expedient for the purpose of giving due effect to the amendment of the Treaty.

   (3) Where the Schedule is amended under subsection (1), any reference to the Treaty in this Act or any other instrument shall, unless the context otherwise requires, be construed as a reference to the Treaty so amended.

   (4) An order made under subsection (1) shall be subject to affirmative resolution.

PART III
General (sections 9-10)

9   Inconsistency with other legislation

   In the event of any inconsistency between the provisions of this Act and the operation of any other law, other than the Constitution of Jamaica, the provisions of this Act shall prevail to the extent of the inconsistency.

10   Repeal and transitional

   (1) The Caribbean Community and Common Market Act is hereby repealed.

   (2) Notwithstanding such repeal, any order made under the Caribbean Community and Common Market Act, which is in force on the date of commencement of this Act, shall remain in force after that date until other provision is made pursuant to this Act.

SCHEDULE
Revised Treaty of Chaguaramas Establishing the Caribbean Community

(Sections 2 and 8)

Preamble

   The States Parties to the Treaty Establishing the Caribbean Community and Common Market signed at Chaguaramas on 4 July 1973,

   RECALLING the Declaration of Grand Anse and other decisions of the Conference of Heads of Government, in particular the commitment to deepening regional economic integration through the establishment of the CARICOM Single Market and Economy (CSME) in order to achieve sustained economic development based on international competitiveness, co-ordinated economic and foreign policies, functional co-operation and enhanced trade and economic relations with third States;

   RECOGNISING that globalisation and liberalisation have important implications for international competitiveness;

   DETERMINED to enhance the effectiveness of the decision-making and implementation processes of the Community;

   DESIROUS of restructuring the Organs and Institutions of the Caribbean Community and Common Market and redefining their functional relationships so as to enhance the participation of their peoples, and in particular the social partners, in the integration movement;

   CONSCIOUS of the need to promote in the Community the highest level of efficiency in the production of goods and services especially with a view to maximising foreign exchange earnings on the basis of international competitiveness, attaining food security, achieving structural diversification and improving the standard of living of their peoples;

   AWARE that optimal production by economic enterprises in the Community requires the structured integration of production in the Region, and particularly, the unrestricted movement of capital, labour and technology;

   RESOLVED to establish conditions which would facilitate access by their nationals to the collective resources of the Region on a non-discriminatory basis;

   CONVINCED that market-driven industrial development in the production of goods and services is essential for the economic and social development of the peoples of the Community;

   COGNISANT that a fully integrated and liberalised internal market will create favourable conditions for sustained, market-led production of goods and services on an internationally competitive basis;

   DESIROUS FURTHER of establishing and maintaining a sound and stable macro economic environment that is conducive to investment, including cross-border investments, and the competitive production of goods and services in the Community;

   BELIEVING that differences in resource endowment and in the levels of economic development of Member States, may affect the implementation of the Community Industrial Policy;

   RECOGNISING also the potential of micro, small, and medium enterprise development to contribute to the expansion and viability of national economies of the Community and the importance of large enterprises for achieving economies of scale in the production process;

   MINDFUL that co-operation and joint action in developing trade relations with third States and in establishing appropriate regulatory and administrative procedures and services are essential for the development of the international and intraregional trade of Member States;

   DETERMINED FURTHER to effect a fundamental transformation of the agricultural sector of the Community by diversifying agricultural production, intensifying agro-industrial development, expanding agri-business, strengthening the linkages between the agricultural sector and other sectors of the CSME and generally conducting agricultural production on a market-oriented, internationally competitive and environmentally sound basis;

   ACKNOWLEDGING the vital importance of land, air and maritime transportation for maintaining economic, social and cultural linkages as well as facilitating emergency assistance among the Member States of the Community;

   RECOGNISING FURTHER the importance of the establishment and structured development of transport links with third States for the accelerated and sustained development of the CSME;

   CONSCIOUS ALSO of the importance of promoting adequate air and maritime transport services for the continued viability of the tourism industry and of reducing the vulnerability of the CARICOM Region resulting from its reliance on extra-regional carriers;

   CONVINCED ALSO that a viable transport policy for the Community will make a significant contribution in satisfying the demands for the intra-regional movement of people and products in the CSME;

   ACKNOWLEDGING further that some Member States, particularly the Less Developed Countries, are entering the CSME at a disadvantage by reason of the size, structure and vulnerability of their economies; and

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