CARIBBEAN COMMUNITY (ESTABLISHMENT, SERVICES, CAPITAL
AND MOVEMENT OF COMMUNITY NATIONALS) ACT

ARRANGEMENT OF SECTIONS

PART I
Prelimary

   1   Short title

   2   Interpretation

   3   Application of Act

   4   Rights of nationals of a Member State in respect of establishment, services and capital

   5   Prohibition of new restrictions

PART II
The Right of Establishment

   6   Treatment of monopolies, etc

   7   Programme to remove restrictions on establishment

   8   Minister to adopt measures against manipulation

   9   Managment of removal or restrictions on the rights of establishment

PART III
The Right to Provide Services

   10   Programme to remove restrictions

   11   Collateral activities by service providers

   12   Management of removal of restrictions on right to provide services

PART IV
The Right to Move Capital

   13   Prohibition of new restrictions on movement of capital

   14   Removal of restrictions on capital payments

   15   Authorisation to facilitate movement of capital

   16   Coordination of foreign exchange

PART V
Safeguard Measures

   17   Restrictions to safeguard balance of payments

   18   Incidence and notification of restrictions

   19   Consultations for the removal of restrictions

   20   Restrictions resolve difficulties arising from the exercise of rights

   21   Conditions for the application of restrictions

   22   Permissible restrictions

   23   Non-discrimination

   24   General exceptions to the obligation to remove restrictions

   25   Security exceptions to the obligation to remove restrictions

PART VI
General

   26   Determinations of organs of bodies of the community to be carried out

   27   Appeals

   28   Regulations

   29   Amendment of other Acts

      SCHEDULE

 

THE CARIBBEAN COMMUNITY (ESTABLISHMENT, SERVICES, CAPITAL
AND MOVEMENT OF COMMUNITY NATIONALS) ACT

[Date of Commencement: 29th December 2004]

Act 37 of 2004.

PART I
Preliminary (sections 1-5)

1   Short title

   This Act may be cited as the Caribbean Community (Establishment, Services, Capital and Movement of Community Nationals) Act.

2   Interpretation

   (1) In this Act unless the context otherwise requires-

   "Committee of Central Bank Governors" means the Body of the Community so named in Article 18 (2) of the Treaty;

   "Community" means the Caribbean Community including the CARICOM Single Market Economy established by the Treaty;

   "Community Council of Ministers" or "the Community Council" means the organ of the Community so named in Article 10 (1) (b) of the Treaty;

   "competent Minister" in relation to any provision of this Act, means the Minister responsible for the department or subject to which the provision relates;

   "Conference of Heads of Government" or "Conference" means the organ of the Community so named in Article 10 (1) (a) of the Treaty;

   "Council for Finance and Planning" means the organ of the Community so named in Article 10 (2) (a) of the Treaty;

   "Council for Human and Social Development" means the organ of the Community so named in Article 10 (2) (d) of the Treaty;

   "Council for Trade and Economic Development" means the organ of the Community so named in Article 10 (2) (b) of the Treaty;

   "economic enterprise" includes any type of organisation for the production of, or the trade in, goods or the provision of services (other than a non-profit organisation) owned or controlled by a national of a Member State;

   "Member State" means a Member State of the Community excluding an Associate Member within the meaning of Article 231 of the Treaty;

   "national" means a person who-

   (a)   is a citizen of a Member State; or

   (b)   has a connection with a Member State of a kind which entitles that person to be regarded as belonging to or, if it be so expressed, as being a native or resident of such a Member State for the purposes of the laws thereof relating to immigration; or

   (c)   is a company or other legal entity constituted in a Member State in accordance with the laws thereof and which that Member State regards as belonging to it, provided that such company or other legal entity has been formed for gainful purposes and has its registered office and central administration, and carries on substantial activity, within the Community and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b);

   "non-wage-earning activity" means an activity undertaken by a self-employed person;

   "right of establishment" includes the right to-

   (a)   engage in any non-wage-earning activity of a commercial, industrial, agricultural, professional or artisanal nature;

   (b)   create and manage an economic enterprise;

   "service" means a service provided against remuneration other than wages in any sector and "the provision of service" means the supply of a service-

   (a)   from the territory of a Member State into the territory of another Member State;

   (b)   in the territory of one Member State to a service consumer of another Member State;

   (c)   by a service supplier of one Member State through commercial presence in the territory of another Member State;

   (d)   by a service supplier of one Member State through the presence of a natural person of a Member State in the territory of another Member State.

   "Treaty" means the Revised Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy signed at Nassau, the Bahamas, on 5th July, 2001.

   (2) For the purposes of this Act, a company or other legal entity is-

   (a)   substantially owned if more than fifty per cent of the equity interest therein is beneficially owned by persons mentioned in paragraphs (a) and (b) of the definition of "national";

   (b)   effectively controlled if such persons have the power to name a majority of its directors or otherwise legally to direct its actions.

3   Application of Act

   (1) Save as otherwise provided in this section and in sections 7 and 9, the provisions of this Act shall apply to-

   (a)   the right of establishment and the right to provide a service in Jamaica by a national of another Member State; and

   (b)   the right of a national of a Member State to move capital into and within Jamaica and out of Jamaica to another Member State.

   (2) This Act shall not apply to an activity in Jamaica involving the exercise of governmental authority by a duly authorised person.

   (3) For the purposes of subsection (2) "an activity in Jamaica involving the exercise of governmental authority" means an activity conducted in Jamaica neither on a commercial basis nor in competition with one or more economic enterprises including-

   (a)   an activity conducted by-

         (i)   the Bank of Jamaica or a monetary authority or any other public entity in pursuance of monetary or exchange rate policies;

         (ii)   an activity conducted by the Bank of Jamaica on the Financial Services Commission, as the case may be, in pursuance of the prudential regulation of financial institutions;

   (b)   an activity forming part of a statutory system of social security or public retirement plans;

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