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Caribbean Community Act LAWS OF TRINIDAD AND TOBAGO MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt CARIBBEAN COMMUNITY ACT CHAPTER 81:11 Act 3 of 2005 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–297 .. UNOFFICIAL VERSION L.R.O. UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt 2 Chap. 81:11 Caribbean Community Note on Subsidiary Legislation This Act contains no subsidiary legislation. UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt Caribbean Community Chap. 81:11 3 CHAPTER 81:11 CARIBBEAN COMMUNITY ACT ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Short title. 2. Interpretation. PART II THE COMMUNITY 3. Treaty to have force of law—Schedule. 4. Implementation of the Treaty. 5. Referrals and evidence. 6. Amendment of Schedule. 7. Financial provisions. PART III GENERAL 8. Inconsistency with other legislation. SCHEDULE. UNOFFICIAL VERSION L.R.O. UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt 4 Chap. 81:11 Caribbean Community CHAPTER 81:11 CARIBBEAN COMMUNITY ACT 3 of 2005. An Act to give effect to the Revised Treaty of Chaguaramas including the CARICOM Single Market and Economy and for matters related thereto. Commencement. [110/2005] [23RD MAY 2005] PART I PRELIMINARY Short title. 1. This Act may be cited as the Caribbean Community Act. Interpretation. 2. In this Act— “CARICOM Single Market and Economy” means the regime established by the Treaty, for the deeper integration of the national markets and economies of all Member States of the Community; “Community” means the Caribbean Community established by Article 2 of the Treaty and includes the CARICOM Single Market and Economy; “Minister” means the Minister to whom responsibility for Caribbean Community Affairs is assigned; “Treaty” means the Revised Treaty of Chaguaramas Establishing the Caribbean Community, including the CARICOM Single Market and Economy, signed in The Bahamas on the 5th day of July, 2001. PART II THE COMMUNITY Treaty to have 3. (1) Subject to this Act, the Treaty, the text of which is force of law— Schedule. set out in the Schedule, shall have the force of law in Trinidad and Tobago. (2) The Community shall have full juridical personality. UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt Caribbean Community Chap. 81:11 5 4. (1) The Minister may by Regulations make provision Implementation of the Treaty. for the purpose of— (a) implementing any Community obligation of Trinidad and Tobago or enabling any such obligation to be implemented; (b) enabling any rights enjoyed or to be enjoyed by Trinidad and Tobago 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) Regulations made under subsection (1) shall be subject to affirmative resolution of Parliament. 5. (1) For the purposes of all legal proceedings, any Referrals and evidence. question concerning the interpretation or application of the Treaty or concerning the validity, meaning or application of instruments made under the Treaty shall be treated as a question of law to be referred to the Caribbean Court of Justice where a Court or tribunal seised of an issue considers that a decision on the question is necessary for it to deliver judgment. (2) Evidence of any instrument issued by an organ of the Community or of any judgment or order of the Caribbean Court of Justice or of any document in the custody of the Secretariat of the Community, or any entry in or extract from such a document, may be given in any legal proceedings by production of a copy certified as a true copy by the Secretary- General of the Community; and any document purporting to be such a copy shall be received in evidence without proof of the official position or handwriting of the person signing the certificate. (3) Where any instrument issued by the Community is in the custody of a department of government, evidence of such an instrument may also be given in any legal proceedings by production of a copy certified as a true copy by an officer of the department of government concerned generally or specifically authorised so to do, and any document purporting to be a copy of UNOFFICIAL VERSION L.R.O. UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt 6 Chap. 81:11 Caribbean Community such an instrument in the custody of the department of government shall be received in evidence without proof of the official position or handwriting of the person signing the certificate or of his authority to do so or of the document being in the custody of the department of government concerned. Amendment of 6. (1) Where the Treaty is amended in accordance with Schedule. Article 236, the Minister 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 pursuant to this section, 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. Financial 7. (1) All sums required to be paid by the Government for provisions. the purpose of meeting the obligations of Trinidad and Tobago under the Treaty shall be a charge 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. PART III GENERAL Inconsistency 8. In the event of any inconsistencies between the with other legislation. provisions of this Act and the operation of any other law, the provisions of this Act shall prevail to the extent of the inconsistency. UNOFFICIAL VERSION UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt Caribbean Community Chap. 81:11 7 SCHEDULE REVISED TREATY OF CHAGUARAMAS ESTABLISHING THE CARIBBEAN COMMUNITY INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY PREAMBLE The States Parties to the Treaty Establishing the Caribbean Community and Common Market signed at Chaguaramas on 4th 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; UNOFFICIAL VERSION L.R.O. UPDATED TO 31ST DECEMBER 2016 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt 8 Chap. 81:11 Caribbean Community 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;
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