Revised Treaty of Basseterre Establishing the Organisation of Eastern Caribbean States Economic Union Act

MONTSERRAT CHAPTER 13.10 REVISED TREATY OF BASSETERRE ESTABLISHING THE ORGANISATION OF EASTERN CARIBBEAN STATES ECONOMIC UNION ACT Revised Edition showing the law as at 1 January 2019 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act. This edition contains a consolidation of the following laws— Page REVISED TREATY OF BASSETERRE ESTABLISHING THE ORGANISATION OF EASTERN CARIBBEAN STATES ECONOMIC UNION ACT 3 Act 6 of 2013 .. in force 1 June 2013 (S.R.O. 42/2013) Amended by Act 8 of 2015 .. in force 4 June 2015 MONTSERRAT CHAPTER 13.10 REVISED TREATY OF BASSETERRE ESTABLISHING THE ORGANISATION OF EASTERN CARIBBEAN STATES ECONOMIC UNION ACT Revised Edition showing the law as at 1 January 2019 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act. This edition contains a consolidation of the following laws— Page REVISED TREATY OF BASSETERRE ESTABLISHING THE ORGANISATION OF EASTERN CARIBBEAN STATES ECONOMIC UNION ACT 3 Act 6 of 2013 .. in force 1 June 2013 (S.R.O. 42/2013) Amended by Act 8 of 2015 .. in force 4 June 2015 LAWS OF MONTSERRAT Revised Treaty of Basseterre CAP. 13.10 3 Revision Date: 1 Jan 2019 CHAPTER 13.10 REVISED TREATY OF BASSETERRE ESTABLISHING THE ORGANISATION OF EASTERN CARIBBEAN STATES ECONOMIC UNION ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Revised Treaty & Protocol to have force of law 4. Financial provisions for giving effect to the Revised Treaty 5. Amendment of Schedule 6. Regulations Schedule _____________ CHAPTER 13.10 REVISED TREATY OF BASSETERRE ESTABLISHING THE ORGANISATION OF EASTERN CARIBBEAN STATES ECONOMIC UNION ACT (Acts 6 of 2013 and 8 of 2015) AN ACT TO GIVE THE FORCE OF LAW TO THE REVISED TREATY OF BASSETERRE ESTABLISHING THE ORGANISATION OF EASTERN CARIBBEAN STATES ECONOMIC UNION AND THE PROTOCOL OF THE EASTERN CARIBBEAN ECONOMIC UNION IN MONTSERRAT, AND FOR RELATED MATTERS. Commencement [1 June 2013] Short title 1. This Act may be cited as the Revised Treaty of Basseterre Establishing the Organisation of Eastern Caribbean States Economic Union Act. LAWS OF 4 CAP. 13.10 Revised Treaty of Basseterre MONTSERRAT Revision Date: 1 Jan 2019 Interpretation 2. In this Act— “Protocol” means the Protocol to the Revised Treaty which establishes the Eastern Caribbean Economic Union; “Revised Treaty” means the Revised Treaty of Basseterre Establishing the Organisation of Eastern Caribbean States Economic Union done at Gros Islet on 18 June 2010. Revised Treaty & Protocol to have force of law 3. (1) Subject to subsection (2), the Revised Treaty and the Protocol as set out in the Schedule shall have the force of law in Montserrat. (2) Articles 5.3 and 14 of the Revised Treaty shall not have the force of law in Montserrat. (Amended by Act 8 of 2015) Financial provisions for giving effect to the Revised Treaty 4. All monies required to be paid by the Government of Montserrat for the purpose of meeting the obligations of Montserrat under the Revised Treaty shall be a charge on the Consolidated Fund. Amendment of Schedule 5. (1) Where the Revised Treaty is amended under Article 29 of the Revised Treaty, the Governor acting on the advice of Cabinet may, 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 Governor acting on the advice of Cabinet to be necessary or expedient for the purpose of giving due effect to the amendment of the Revised Treaty. Regulations 6. The Governor acting on the advice of Cabinet may make regulations to give effect to the provisions of the Revised Treaty and this Act. _____________ LAWS OF MONTSERRAT Revised Treaty of Basseterre CAP. 13.10 5 Revision Date: 1 Jan 2019 SCHEDULE (Section 3) REVISED TREATY OF BASSETERRE ESTABLISHING THE ORGANISATION OF EASTERN CARIBBEAN STATES ECONOMIC UNION CONTENTS PREAMBLE ARTICLE 1: USE OF TERMS ARTICLE 2: THE ORGANISATION OF EASTERN CARIBBEAN STATES ARTICLE 3: MEMBERSHIP ARTICLE 4: PURPOSES AND FUNCTIONS OF THE ORGANISATION ARTICLE 5: GENERAL UNDERTAKING AS TO IMPLEMENTATION ARTICLE 6: INSTITUTIONS OF THE ORGANISATION ARTICLE 7: ORGANS OF THE ORGANISATION ARTICLE 8: COMPOSITION AND FUNCTIONS OF THE OECS AUTHORITY ARTICLE 9: COMPOSITION AND FUNCTIONS OF THE COUNCIL OF MINISTERS ARTICLE 10: COMPOSITION AND FUNCTIONS OF THE OECS SSEMBLY ARTICLE 11: COMPOSITION AND FUNCTIONS OF THE ECONOMIC AFFAIRS COUNCIL ARTICLE 12: THE OECS COMMISSION ARTICLE 13: THE DIRECTOR-GENERAL OF THE ORGANISATION ARTICLE 14: AREAS OF LEGISLATIVE COMPETENCE OF THE ORGANISATION ARTICLE 15: CO-ORDINATION AND HARMONISATION OF FOREIGN POLICY ARTICLE 16: EXTERNAL AUDITOR ARTICLE 17: THE BUDGET OF THE ORGANISATION ARTICLE 18: PROCEDURE FOR THE SETTLEMENT OF DISPUTES ARTICLE 19: PARTICIPATION IN OTHER ARRANGEMENTS ARTICLE 20: RELATIONS WITH OTHER INTERNATIONAL ORGANISATIONS AND OTHER COUNTRIES ARTICLE 21: LEGAL PERSONALITY, PRIVILEGES AND IMMUNITIES ARTICLE 22: HEADQUARTERS OF THE ORGANISATION ARTICLE 23: THE FIRST MEETING OF THE AUTHORITY UNDER THIS TREATY ARTICLE 24: ANNEX AND PROTOCOL ARTICLE 25: SIGNATURE, RATIFICATION AND ACCESSION BY MEMBER STATES ARTICLE 26: ENTRY INTO FORCE ARTICLE 27: ADMISSION TO MEMBERSHIP ARTICLE 28: WITHDRAWAL ARTICLE 29: AMENDMENTS LAWS OF 6 CAP. 13.10 Revised Treaty of Basseterre MONTSERRAT Revision Date: 1 Jan 2019 ARTICLE 30: REGISTRATION ANNEX ON SETTLEMENT OF DISPUTES PROTOCOL OF OECS ECONOMIC UNION ARTICLE 1: ECONOMIC UNION ARTICLE 2: OBJECTIVES ARTICLE 3: PRINCIPLES ARTICLE 4: IMPORT DUTIES ARTICLE 5: MARKET AREA ORIGIN FOR TARIFF PURPOSES ARTICLE 6: THE COMMON CUSTOMS TARIFF ARTICLE 7: REVENUE DUTIES AND INTERNAL TAXATION ARTICLE 8: EXPORT DRAWBACK ARTICLE 9: DUMPED AND SUBSIDISED IMPORTS ARTICLE 10: GOODS IN FREE CIRCULATION IN THE ECONOMIC UNION AREA ARTICLE 11: EXCLUSION FROM THIS PROTOCOL ARTICLE 12: MOVEMENT OF PERSONS ARTICLE 13: DEVELOPMENT POLICIES ARTICLE 14: MONETARY POLICY ARTICLE 15: FISCAL POLICY ARTICLE 16: INCOMES POLICY ARTICLE 17: INTERNATIONAL ECONOMIC RELATIONS ARTICLE 18: TRADE ARTICLE 19: TRANSPORT AND CIVIL AVIATION ARTICLE 20: AGRICULTURE ARTICLE 21: TOURISM ARTICLE 22: EDUCATION ARTICLE 23: HUMAN AND SOCIAL DEVELOPMENT ARTICLE 24: ENVIRONMENTAL SUSTAINABILITY ARTICLE 25: TELECOMMUNICATIONS AND INFORMATION TECHNOLOGIES ARTICLE 26: SERVICES ARTICLE 27: RIGHT OF ESTABLISHMENT AND FREEDOM OF TRADE IN SERVICES ARTICLE 28: THE ECONOMIC AFFAIRS COUNCIL ARTICLE 29: THE OECS COMMISSION ARTICLE 30: GENERAL CONSULTATIONS AND COMPLAINTS PROCEDURE ARTICLE 31: EXAMINING COMMITTEE ARTICLE 32: DIFFICULTIES IN PARTICULAR SECTORS ARTICLE 33: RELATIONS WITH INTERNATIONAL ORGANISATIONS ARTICLE 34: WITHDRAWAL ARTICLE 35: AMENDMENT LAWS OF MONTSERRAT Revised Treaty of Basseterre CAP. 13.10 7 Revision Date: 1 Jan 2019 PREAMBLE THE GOVERNMENTS OF THE CONTRACTING STATES, RECALLING the links of their common history and the need to build on that history for the benefit of their peoples; RECOGNISING the progress that has been made towards their integration under the Treaty of Basseterre 1981 and the Agreement Establishing the East Caribbean Common Market; CONVINCED that at this time it is necessary to deepen the level of integration and the pursuit of a common economic purpose which has obtained under the Treaty of Basseterre 1981 and the Agreement Establishing the East Caribbean Common Market; MINDFUL of their obligations toward the wider grouping of the CARICOM Single Market and Economy; DETERMINED to enhance the level of regional co-operation between States that are parties to the Treaty of Basseterre 1981; HAVE AGREED AS FOLLOWS: ARTICLE 1: USE OF TERMS 1.1 In this Treaty, unless the context requires otherwise— “Associate Member State” means a State or territory that has associate membership of the Organisation under Article 3; “Chief Justice” means the Chief Justice of the Eastern Caribbean Supreme Court; “Chief Registrar” means the Chief Registrar of the Eastern Caribbean Supreme Court; “Director-General” means the Director-General of the Organisation appointed under Article 13.1; “Directors” mean appointees to the highest level of the staff of the OECS Commission below that of the Director-General; “Dispute Settlement Annex” means the Annex to this Treaty entitled the Annex on Settlement of Disputes; “Eastern Caribbean Central Bank” means the Eastern Caribbean Central Bank established under the Eastern Caribbean Central Bank Agreement; “Eastern Caribbean Central Bank Agreement” means the Eastern Caribbean Central Bank Agreement 1983; “Eastern Caribbean Court of Appeal” means the Court of Appeal of the Eastern Caribbean Supreme Court; LAWS OF 8 CAP. 13.10 Revised Treaty of Basseterre MONTSERRAT Revision Date: 1 Jan 2019 “Economic Union” means the Eastern Caribbean Economic Union established by Article 1.1 of the Economic Union Protocol; “Economic Union Protocol” means the Protocol to this Treaty entitled the Protocol of Eastern Caribbean Economic Union; “external” means, except in Article 16, external to the group comprising Member States of the Organisation; “full Member State” means a State or territory that has full membership of the Organisation under Article 3; “Member State” means a full Member State or an Associate Member State of the Organisation; “Monetary Council” means the Monetary Council under the Eastern Caribbean Central Bank Agreement; “OECS Assembly” means the OECS Assembly

Load more