Attorney General’s Department
2020 www.attorneygeneralchambers.com | [email protected] | [email protected]
TABLE OF CONTENTS
02 13 - 23 ACKNOWLEDGEMENTS LEGISLATIVE DRAFTING UNIT
03 - 04 26 - 38 MESSAGE FROM THE ATTORNEY GENERAL ADVICE AND LITIGATION UNIT
05 39 - 41 MISSION STATEMENT REGISTRY OF COMPANIES AND INTELLECTUAL PROPERTY UNIT 06 ORGANIZATIONAL CHART ARTICLE 07 - 08 MANAGEMENT TEAM 43 - 47 INTELLECTUAL PROPERTY – A CROSS-CUTTING ECONOMIC YEAR IN REVIEW POWER TOOL
09 - 11 48 - 56 ADMINISTRATION UNIT APPENDIX I
12 ACCOUNTS UNIT
Annual Report 2020 Attornery General’s Chambers [email protected] [email protected] www.attorneygeneralchambers.com
Attornery General’s ChambersANNUAL Annual REPORT Report 2019 2020 | 1| 1 The Saint Lucia
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ACKNOWLEDGEMENTS
Thanks are extended to the management team at Chambers for the consistency of this annual production. Permanent Secretary Juliana Alfred is applauded for her leadership on this project. I also wish to commend Mr. Viannie Aimable from the National Printery Corporation for the graphics support.
S.C.J. Julien 30.6.2021
2 2| Attornery| ANNUAL REPORTGeneral’s 2019 Chambers Annual Report 2020 The Saint Lucia
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MESSAGE FROM THE ATTORNEY GENERAL
There has been continued investment in capacity building of the staff of the Attorney General’s Chambers and many have been presented with training opportunities. Through the efforts of Chambers, the Legal Secretaries are currently enrolled in a Legal Paralegal Course with the University of the West Indies, whereas Counsel have been given the opportunity to study for an LLM in Legislative Drafting. Human capacity of our staff was also augmented by on- the-job training, in which our more experienced staff members all adopt a hands-on approach. Persons who may have been stationed at Chambers for a temporary period, left with valuable experience and knowledge.
This publication of our Annual Report for the period 2020 The adverse effects of the pandemic resulted in an overall – 2021 is truly an indication of the commitment of the decrease in the revenue collected for the period 2020 Attorney General’s Chambers to fulfilling its mandate to – 2021. This was as a direct result of reduced economic the Government and People of Saint Lucia of remaining activity in particular, the marked decrease in tourism accountable to our stakeholders and ensuring transparency arrivals on the island. For Chambers, this translated to of our operations. less persons requiring marriage licences. The period 2020 – 2021 was not without its many As Saint Lucia successfully implemented strategies to challenges, most of which can be attributed to the various manage COVID –19, there was a positive effect on adjustments Chambers, like many other Ministries were revenue collection, with revenue collected by the Marriage compelled to implement in order to effectively manage Licence department improving during the months July the COVID – 19 pandemic. Of paramount importance 2020 – December 2020. was the safety and security of our staff whilst ensuring that The Legislative Drafting Unit has performed and continues Chambers remained efficient in the delivery of our services to perform a critical role during this period, having the and proactive in the management of our operations. responsibility of drafting legislation necessary to implement The staff of the Attorney General’s Chambers, despite the various protocols adopted by the Government to having to manage and adapt to changes in their own safeguard the country during the pandemic. For insight, personal lives brought on by the pandemic, understood for the period 2020 – 2021, through the work of the that Chambers played a critical role in the Government’s legislative Drafting Unit, Parliament passed 15 Acts, and response to the pandemic and enthusiastically implemented 326 Statutory Instruments were passed. the measures which allowed Chambers to continue being Whilst the COVID-19 (Prevention and Control) Act, fully operational throughout the period. No.9 of 2020 dealt specifically with the control and This report is also testament to our efficiency at recording, management of the virus, other legislation addressed storing and analyzing information which were transmitted socio–economic matters which arose, for example, the through the units of the Attorney General’s Chambers. We National Insurance Corporation (Amendment) Act, No. 2 have successfully analyzed information collected to produce of 2020 empowered the Board of the National Insurance accurate data which reflects the workflow of the Registry Corporation to establish an economic relief program, of Companies and Intellectual Property, Legislative Drafting which provided many Saint Lucians whose income was Unit, Advice and Litigation Unit and the National Anti- severely impacted or became non–existent with economic Money Laundering Oversight Committee (NAMLOC). support in the midst of the pandemic.
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MESSAGE FROM THE ATTORNEY GENERAL
The Advice and Litigation Unit continues to defend and Saint Lucia, through the National Anti - Money Laundering represent the Government of Saint Lucia in matters Oversight Committee (NAMLOC) was the first country before the Courts and provide advice and opinions to to conduct a virtual CFATF plenary in 2019. NAMLOC, the Ministries of Government. For the period 2021–2021, under the Chairmanship of our Permanent Secretary Ms. there was an increase in civil suits filed against the Crown Julianna Alfred, continues to address deficiencies highlighted and an increase in the number of opinions requested from in the Mutual Evaluation report as we prepare for follow- Chambers. Notwithstanding, the Advice and Litigation Unit up in November 2021. has maintained the standard of representation expected The period 2020 - 2021, has brought to the fore the and continues to effectively and knowledgeably, advise dedication of the staff of the Attorney General’s Chambers the Government. to providing an efficient and effective service to the The Registry of Companies and Intellectual Property Government and people of Saint Lucia. remains steadfast in its commitment to providing a seamless During the period under review, we bade farewell to Solicitor service to the public. For the period 2020–2021, there General, Mrs. Brender Portland-Reynolds. I thank her for her was a slight decrease in the incorporation of companies service and wish her the very best in her future endeavours. compared to previous years, however, the registration of business names increased. The Registry of Companies and I wish to thank you for engaging Chambers as we look Intellectual Property is resolute in its objective of ensuring forward to continue serving you. Your feedback, comments that the services it provides, creates an encouraging and suggestions are always welcome, do not hesitate to environment for entrepreneurs and investors to conduct contact us via the various communication channels which their business in compliance with the law. are provided.
Yours sincerely,
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MISSION STATEMENT ATTORNEY GENERAL’S CHAMBERS
Our mission is to deliver to the Government quality legal service with integrity and professionalism in a timely manner. Focusing primarily in facilitating an enabling environment, creating value and effective advice through the Registry of Companies and Intellectual Property, the Legislative Drafting Unit and the Advice and Litigation Unit.
STRATEGIC PRIORITIES OF CHAMBERS
1. Adhering to professional best practices in the public service. 2. Enhancing staff capacity by sourcing training opportunities nationally, regionally and internationally and offering internship. 3. Creating operational tools for all work undertaken and all types of services rendered. 4. Allowing for greater synergy with other Government Departments and Ministries. 5. Analyzing data qualitatively and quantitatively thereby providing valued information to Government with a view to effective allocation of resources. 6. Increasing the level of legal services provided to the general public. 7. Continuing to examine and develop legal services to address new and emerging areas of law. 8. Improving legal services through the use of technology.
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ATTORNEY F I N A N C I A L GENERAL I N T E L L I G E N C E A U T H O R I T Y
ADMINISTRATIVE SECRETARY
PERMANENT SECRETARY
SECRETARY
A D M I N I S T R A T I O N L E G A L S E R V I C E S L E G I S L A T I V E R E G I S T R Y O F D R A F T I N G C O M P A N I E S A N D I N T E L L E C T U A L P R O P E R T Y
HUMAN DIRECTOR OF SOLICITOR RESOURCE ACCOUNTANT LEGISLATIVE REGISTRAR GENERAL OFFICER DRAFTING
SENIOR ASSISTANT ADMINISTRATIVE EXECUTIVE SECRETARY SECRETARY ACCOUNTANT SECRETARY OFFICER
SENIOR DEPUTY DEPUTY RECEPTIONST CROWN DIRECTOR OF REGISTRAR COUNSELS LEGISLATIVE DRAFTING
NATIONAL CORPORATE CLERK/ CROWN LEGAL ASSISTANT ANTI-MONEY AFFAIRS TYPIST COUNSELS DRAFTERS REGISTRAR LAUNDERING OFFICER OVERSIGHT COMMITTEE OFFICE ACCOUNTS PATENT ASSISTANT SECRETARIES SECRETARY CLERK EXAMINER DRIVER
INTELLECTUAL CLERK/ LAW CLERK PROPERTY TYPIST OFFICER
INSPECTION CLERK OFFICER
VAULT ATTENDENT
OFFICE ASSISTANT
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MEET OUR MANAGEMENT TEAM
Ms. Juliana Alfred joined the team as Permanent Secretary at Chambers in 2018, she has served as a Permanent Secretary within the Government of Saint Lucia from 2013. Ms. Alfred’s areas of expertise include Social Protection Policy and Development Strategies with work experience and training in the design of social protections systems, including safety nets and labour market policies. Ms Alfred harnesses vast non-governmental leadership locally and internationally having served in varying capacities over the last few years.
Mrs. Brender Portland-Reynolds, Solicitor General believes that motivating and encouraging the confidence of a team is a fundamental priority in the delivery of excellence. She supervises a team of twenty (20) officers, comprising of the legal clerk, secretaries, Crown Counsel and other support staff. Mrs. Portland-Reynolds is dynamic in her leadership approach and management. She ensures that staff exercise their initiative and develop their potential, having been assigned to the post of Solicitor General from 2015. Mrs. Portland-Reynolds bade farewell to Chambers in 2021, having served at Chambers in varying roles for about seventeen years.
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MEET OUR MANAGEMENT TEAM
Ms. Gillian Vidal-Jules was appointed the Director of Legislative Drafting in October, 2015, she was formerly the Acting Director of Legislative Drafting in 2010; Deputy Director of Legislative Drafting from 2008- 2010; Legislative Drafter from 2003-2008 and Crown Counsel from 2001-2003. Ms. Vidal-Jules is an alumnus of the University of the West Indies, Cave Hill, Barbados where she obtained her LLM in Legislative Drafting and an LLB Hons. She also has a Certificate of Attendance on completion of the Course in Legislative Drafting under the auspices of the Sir William Dale Centre for Legislative Drafting Studies at the Institute of Advanced Legal Studies, School of Advance Study, University of London.
Ms. Desma Charles entered the Registry of Companies and Intellectual Property in 2006 as Deputy Registrar. She was later appointed Registrar in 2010 until 2017, then she took up an appointment at another organization. She returned to the Registry in December 2019 as Registrar. As Registrar, she has the overall supervision of the Registry with a total of 13 members of staff.
Mr. Pedro Claircin became the Accountant at the Attorney General’s Chambers from February 2017. He is responsible for the supervision of the Accounts Unit. This Unit is critical in providing the services of collecting, compiling and reporting on financial matters and advising in accordance with the Public Finance Management (PFM) Act, No.14 of 2020.
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ADMINISTRATIVE UNIT
During the Covid 19 pandemic the work programme of TRAINING/WORKSHOPS the Administrative Unit of Chambers revolved primarily The COVID- 19 pandemic forced a change in the modality around maintaining a healthy and safe work environment for execution of training programmes across the public for employees and the public. This meant that the disaster service, this was no different for staff of Chambers. Our management protocols had to be revised and mechanisms staff participated in various capacity building activities for work from home had to be instituted. throughout the period including: COVID-19 PROTOCOLS • Project Management six month programme January- June 2020 – University of the West Indies. The Department of Public Service and Health offered • Occupational Safety and Health course from February guidelines to develop internal COVID-19 related 2021 to April 2021 – University of the West Indies procedures for all government departments. To this end, Chambers established internal procedure manuals to • Paralegal Programme-University of the West Indies and guide the management of the COVID-19 pandemic in Impact Justice which commenced in September 2020 the workplace. The objective of these protocols were to to September 2021 (a) reduce transmission and contamination, (c) maintain • “Coping with Anxiety and Depression” facilitated by the a safe, healthy work environment for staff and customers Department of the Public Service in February 2021 and (c) ensure the continuity of the business operations • Basic Mandarin course held on February 11, 2021 of Attorney General’s Chambers. • Alfresco data management system training was The Administrative Unit led the charge to ensure that conducted by the Department of the Public in March Contingency Plans were finalized. The COVID-19 safety 2021. protocols included: SOCIAL EVENTS • General hygiene requirements throughout the various units (regular sanitization of reception and waiting area, Socializing during the COVID- 19 pandemic was conference room, lunchroom, washrooms) exceedingly difficult, staff had to maintain physical distance and ensure masks were constantly worn during work • How to proceed with a probable or confirmed hours. However, noting the psychological stress that was COVID-19 case in the workplace associated with COVID- 19, we organized a Jounen Creole Chambers was able to maneuver through the “work from Brunch with a difference in October of 2020. Staff at home” modality with much success. Heads of the various the main office and Registry participated in this activity units were able to assist staff, by preparing them mentally with strict adherence to office protocols. This activity for the transition through meetings and mentoring. culminated with “Kareoke” and the general sentiments Chambers was also recipient of a donation of health was one of relaxation and fun. and safety supplies (masks and hand sanitizers) from the Unfortunately, the Annual Staff Retreat could not be Republic of China Taiwain which assisted significantly in our facilitated due to the COVID- 19 restrictions, however efforts. Special thanks were extended to the Ambassador plans are underway to explore a virtual option for this and his team for this contribution. event. During this period, the Attorney General and Permanent Secretary held several stand-up and virtual briefings in The existing protocols meant that the customary Christmas relation to the COVID-19. As the numbers of COVID-19 camaderie and festivities were also not allowed, therefore cases slowly increased on the island, Chambers had to on December 21, 2020 the management of Chambers amend its work modality to conform with each new treated all staff to a buffet lunch. Staff also participated in Statutory Instrument. a gift exchange during this period.
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ADMINISTRATIVE UNIT
Chambers also bid farewell to three (3) colleagues Mrs. Project Management Natalie Jervis, Mr. Kenton Alexander, and Mrs. Hermina Testimonial by Giilian Vidal Jules, Director of Drafting Lewis-Orniville. The Chambers family also welcomed Ms. The Project Management Course offered by the University Sharon Paul to our team. of the West Indies Open Campus made a significant difference to my professional development. I was excited STAFF CAPACITY BUILDING: TESTIMONIALS to be enrolled in the course as I had never been exposed Paralegal Programme to a project management course before. Testimonial by Tricia Aldonza, Secretary The course was delivered in sixteen parts that were easy Being part of the Chambers family has been an educational to absorb. The structure was clear, logical and effective. and fun filled experience. The Attorney General’s This format gave me the confidence to implement new Chambers has been a great enabler towards offering new techniques at work. It appears that a lot of thought and opportunities for learning and strengthening my skill sets. skill were used in designing the course. In September 2020, I was awarded an opportunity to pursue a Paralegal Programme with the University of the I learned how to create a project management plan for West Indies sponsored by Improved Access to Justice in an eco-friendly house for an elderly couple with a male the Caribbean (IMPACT Justice) Project. This programme partner with disabilities as a group assignment as well as is a thirty-three credits undergraduate programme, an individual assignment for home gardening. I also learnt facilitated online with a duration of 11/2 years part-time. how to use the project management framework and the The programme thus far has been informative, interesting, management processes to undertake daily tasks at work. challenging and will prove to be rewarding. I am now able to prepare strategic plans, action plans and status reports well. The courses pursued so far have provided me with a wealth of knowledge that is beneficial to me both personally and It was not just about the exposure to different knowledge. professionally. The courses have also provided me with a The key benefits came from doing group assignments, broad understanding of the law and legal systems within receiving individual feedback and interacting with other my Jurisdiction. Some of the completed courses thus far public officers from the various Ministries and Departments are: of Government. • Introduction to Caribbean Legal Systems and Methods Due to the onset of the COVID-19 pandemic, part of the • Introduction to Criminal Law course was delivered virtually. The online platform made • Introduction to Property Law and Practice learning more flexible and self-paced. It also allowed for • Introduction to Tort Law improved time management and determination. Working • Introduction to Constitutional & Administrative Law with others in a cybernetic environment made me a more • Introduction to Legal Research & Writing effective administrator. I was able to use electronic learning materials, familiarize myself with new tools and software Though the online journey continues, it has been truly and rectify common issues. an invaluable learning experience for me. I want to thank Management for affording me the opportunity to pursue The course was both fun and challenging but the this programme and all who have assisted, supported and facilitator’s direct feedback was invaluable. She has a calm provided guidance to me. To my dear colleagues who and logical method of teaching that actually connected are also participating in this programme, I say believe in and encouraged me. I cannot speak highly enough of this yourself and all that you are and strive to be the best! course.
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ADMINISTRATIVE UNIT
Legislative Drafting Programme Alas this Residential Session had to be converted into Testimonial by Tina Louison, Senior Crown Counsel an online session which the program had not envisioned. The modality of an online Residential Session simply did In August 2019 I was afforded the opportunity to pursue not provide the environment for the in person interaction a Master’s Degree in Legislative Drafting sponsored by and discussion for which these sessions were intended. “Improved Access to Justice in the Caribbean” (IMPACT Justice) and the Government of Saint Lucia. The program The COVID-19 pandemic created a sense of fear and commenced in September 2019 with the first two weeks unease which had to be managed whilst completing Residential Session at the University of the West Indies final assignments. The lock downs occasioned by the (UWI) Cavehill Campus in Barbados. pandemic also made it difficult to obtain physical materials and books which were required to complete these Adjusting to student life after several years of completing assignments. Despite the many challenges presented the Bar was no easy feat particularly with the added by juggling work and study and the added pressures demands of a full time job in the capacity of Senior Crown presented by COVID-19, I was able to complete the Counsel at the Attorney General’s Chambers. I quickly course and in October 2020 I was awarded a Master found out that weekends could no longer be considered of Laws (Legislative Drafting) with Distinction. Overall, down time and managing the 24 hours of every day was the experience was very rewarding and I would like to critical. take this opportunity to express my sincere gratitude to The third and final Residential Session was scheduled for IMPACT Justice and the Government of Saint Lucia for March/ April 2020 by which time the COVID-19 pandemic the opportunity to enhance my knowledge and broaden was a reality which the Caribbean region had to face. my area of expertise.
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ACCOUNTS UNIT
The Government’s revenue collections for the fiscal period April 2020 to March 2021 were severely impacted by the COVID-19 pandemic. All revenue collecting agencies were affected including the Attorney General’s Chambers. The hotel and cruise ship sectors suspended operations, therefore revenue expectations from marriage licenses fell well below budget estimates. Despite this, revenue collections for company registrations and trademarks remained resilient performing above projected budget. This reduced the overall adverse variances. Revenue collections are expected to improve gradually for 2021/2022 as vaccination increases and the tourism sector reacts positively.
Actual Revenue Budgeted Revenue Variance April 2020 35,663 141,372 (105,709) May 2020 65,818 181,547 (115,729) June 2020 100.510 127,989 (27,479)) July 2020 123.480 119,527 3,953 August 2020 137,031 119,445 17,586 September 2020 120,800 109,946 10,854 October 2020 103,960 108,770 (4,810) November 2020 134,224 98,984 35,240 December 2020 145,941 109,700 36,241 January 2021 108,946 103,009 5,937 February 2021 99,815 134,325 (34,510) March 2021 153,278 95,297 57,981 Total 1,329,466 1,449,911 (120,445) Table 1.1
Table 1.1 above highlights the overall month to month Line graph Actual revenue vs. Budgeted revenue performance of actual revenue collections versus budgeted (April 2020 to March 2021) revenue for April 2020 to March 2021 for Chambers. Noteworthy is the adverse variances recorded for April 2020 to June 2020 which illustrates the effects of the Covid 19 pandemic on revenue collections at the beginning of the fiscal period. The revenue for the remainder of the year generally improved with company registrations and trademarks performing above budget projections. The cumulative adverse variance stood at $120,445.
Chart 1.1 Illustrates in graphic actual revenue versus budgeted revenue for April 2020 to March 2021.
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LEGISLATIVE DRAFTING UNIT
During the financial year 2020-2021 the Legislative Drafting Unit (the Unit) continued to draft legislation and Legislative Drafting Unit provide statutory interpretation to the Government of Saint Lucia. There was a staff representative at each sitting of Parliament and at meetings held at the regional and national level. Work was also undertaken on the revision of the laws of Saint Lucia. Due to the impact of Coronavirus Disease 2019 (COVID-19) meetings were primarily virtual. Legislation was drafted by the Unit for various Ministries, Departments and Statutory bodies in line with the legislative agenda as determined by the Government of Saint Lucia. As such, the staff assisted Ministries, Departments and Statutory bodies with the development of policies and drafting instructions by providing advice and attending meetings. The staff members worked extensively hard amidst the In the first section of this report, the legislation that COVID-19 pandemic resulting in the Unit continuing was passed during 2020-2021 will be highlighted. The to provide efficient service. Two persons completed an second section of this report will present the meetings internship for the LLM in Legislative Drafting Programme attended and the training exposure that staff of the Unit undertaken with the University of the West Indies, Cave experienced. Accomplishments relating to the Revised Hill, Barbados. Edition of the Laws is the focus of the third section of this report. The year 2020-2021 was a productive one for the Legislative Drafting Unit as two hundred and sixty-eight LEGISLATION PASSED 2020-21 laws were completed. Fifteen Acts were enacted and three hundred and twenty six statutory instruments were In the year 2020-2021 a total of 14 Acts were passed published. from April-December 2020 and one Act was passed from January-March, 2021. Two hundred and twenty four (224) The Revised Edition of the Laws was updated to the year statutory instruments were passed. Four new pieces of 2017 by the modification of fifty-three laws through the legislation were enacted and the remaining Acts amended insertion of amendments in Acts and statutory instruments. various existing Acts. Legislation was also prepared and passed to deal with the COVID-19 pandemic. Consequently, seven laws A summary of the Acts passed in April-December 2020 were passed under the Constitution of Saint Lucia, Cap. is provided below: 1.01, sixteen pieces of legislation were enacted under the NATIONAL INSURANCE CORPORATION Emergency Powers (Disasters) Act, Cap. 14.07 and thirty- (AMENDMENT) ACT, NO. 2 OF 2020 eight enactments were published under the COVID-19 This Act amends the National Insurance Corporation (Prevention and Control) Act, No. 9 of 2020. Act, Cap. 16.01. The Board of the National Insurance Legal drafters from the Legislative Drafting Unit continue Corporation is empowered to establish an economic to represent the Attorney General’s Chambers at various relief programme if thirty per cent or more of insured meetings and workshops. The staff have also been persons suffer loss as a result of a pandemic declared provided with the opportunity for training particularly by the World Health Organization. The amendment as it relates to insurance, disasters, smoking control and contains provisions respecting entitlement under the consolidation of the laws. economic relief programme, conditions to be satisfied The work of the Legislative Drafting Unit is represented under the economic relief programme and claims that in the following pie chart: can be made under the economic relief programme. The
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LEGISLATIVE DRAFTING UNIT making of payments and the stoppage of such payments distribution and sale of food in Styrofoam and plastic food are also provided for through the amendment to the containers under the Styrofoam and Plastic Food Service Act. Regulations may be made for the purposes of the Containers Act, No. 22 of 2019 was extended to 1st economic relief programme and offences were created August, 2021. in respect of the economic relief programme. COVID-19 (PREVENTION AND CONTROL) ACT, TOURISM STIMULUS AND INVESTMENT ACT, NO. 9 OF 2020 NO. 3 OF 2020 The containment of the spread of COVID-19 in the Changes were made to the Tourism Stimulus and Investment Act, Cap. 15.03 by this Act. The time for making interests of public safety, public order and public health an application for an approved development was extended is provided for under this Act. Therefore, this Act makes to 31 March, 2020. provision for the administration for COVID-19, the COVID-19 protocols and COVID-19 certification. Travel CITIZENSHIP BY INVESTMENT (AMENDMENT) requirements, electronic monitoring and the collection ACT, NO. 4 OF 2020 of health information are also provided under this Act. The provisions of the Citizenship by Investment Act, Cap. Other matters related to COVID-19, such as the power 1.20 that are affected by this Act are the ones relating to to stop, detain and arrest, compliance inspections and the definition of “qualifying dependant”, section 36 (which obstruction of public officers are provided for under deals with the approval, denial or delay of an application) the Act. Provision is additionally made for protection and section 40 (which deals with the Regulations). from liability, dissemination of contents of an Order and LABOUR (AMENDMENT) ACT, NO. 5 OF 2020 a general penalty. The Minister of Health may amend the Section 148 of the Labour Act, Cap. 16.04 that provides Schedule that lists the countries from which a person for lay-offs and suspensions was amended by this Act. may not be placed in a quarantine facility and make Essentially the section was amended to enable the Minister Regulations. This Act will expire after two years but can of Labour to extend the lay-off period for no more than be shortened or extended by an Order made by the twelve weeks and allow an employee to make a request Minister of Health. to terminate a contract or redundancy pay if the Governor General declares a state or emergency. COMPANIES AND INTELLECTUAL PROPERTY (REGISTRY) (AMENDMENT) ACT, NO. 10 OF 2020 APPROPRIATION ACT, NO. 6 OF 2020 Schedule 2 of the Companies and Intellectual Property An appropriation of $1, 697, 312, 800 was made for the (Registry) Act, Cap. 13.20 which contains the opening services of the State of Saint Lucia for the year 2020/2021 through this Act. hours of the Registry of Companies and Intellectual Property is repealed. GAMING, RACING AND BETTING (AMENDMENT) ACT, NO. 7 OF 2020 TOURISM LEVY ACT, NO. 11 OF 2020 Restrictions on the grant of a licence in section 22 of the By virtue of this Act, the Saint Lucia Tourism Authority Gaming , Racing and Betting Act, Cap. 13.13 is amended is responsible for the issuing of a collector’s certificate; to ensure that a gaming operator continuously employs assigning a collector to a class and receiving the tourism at least one hundred persons. levy. The Act imposes and provides the rate of the STYROFOAM AND PLASTIC FOOD CONTAINERS tourism levy. It makes provision for the collector of the (PROHIBITION) (AMENDMENT) ACT, tourism levy that is a registered tourism accommodation NO. 8 OF 2020 service provider under the Saint Lucia Tourism Authority In this Act, the prohibition on import of Styrofoam and Act, No. 8 of 2017. In addition, the Act provides for the plastic food service containers, manufacture, sale, use and collection, recovery and refund of the tourism levy.
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LEGISLATIVE DRAFTING UNIT
SAINT LUCIA TOURISM AUTHORITY the establishment of an Inquiry Committee and Appeals (AMENDMENT) ACT, NO. 12 OF 2020 Tribunal and public asset management. The aim of this Act is to amend the Saint Lucia Tourism Authority Act, No. 8 of 2017 to give the Saint Lucia Tourism ECONOMIC SUBSTANCE (AMENDMENT) ACT, Authority the ability to register a hotel, boarding house NO. 15 OF 2020 or place that provides a tourism accommodation service The Economic Substance Act, No. 33 of 2019 is amended declared an approved tourism product under the Tourism in this Act. Definitions for high risk intellectual property Incentives Act, Cap. 15.30 or an approved development company, holding company, intellectual property asset under the Tourism Stimulus and Investment Act, Cap. 15.03 and pure equity holding company are changed. The and a person who provides a tourism accommodation requirements for economic substance are modified and service as a tourism service provider. investigative powers are given to the Competent Authority. The core income-generating activities for a relevant PUBLIC PROCUREMENT AND ASSET DISPOSAL entity with income from holding intangible assets and the (AMENDMENT) ACT, NO. 13 OF 2020 provision on the economic substance return have been In accordance with this Act, the Public Procurement and changed. A new provision has been added to the Act to Asset Disposal Act, Cap. 15.10 is amended to change the create an offence when false information is provided to the name of the Act to Public Procurement Act, insert new Competent Authority. The Schedule which existed before definitions in the Act and to renumber the Divisions in is now Schedule 1 and a new Schedule 2 is attached to Part I of the Act dealing with administration of the Act. the Act to specify the formula to be used in determining New provisions are included in the Act to provide for the whether income qualifies for an exemption under the Act. functions and powers of the Minister of Finance and for The table below shows the number of Acts that were passed in the delegation by the Minister of the powers. There are each month from April-December 2020: also new provisions for the evaluation of works contract by Month Number of Acts a consultant, list of suppliers and the making of complaints. Part 5 of the Act on asset disposal is repealed. The April 2 monetary amounts for minor value, intermediate value and May - major value as specified in Schedule 1 have been changed. June 2 July 1 PUBLIC FINANCE MANAGEMENT ACT, August 2 NO. 14 OF 2020 September - Provision is made in this Act for the administration of October 2 public finance management including the formulation of a fiscal policy and the issuance of a Fiscal Policy Statement. November 2 The preparation of the budget, approval of estimates and December 3 execution of the appropriation law is also provided for TOTAL 14 in this Act. The regulation and control of public monies through the creation of a Contingencies Fund, sinking fund A summary of the laws passed between January-March or trust fund and cash management including banking, 2021 is provided below: deposit, refund, set-off, write-off and investment of public monies are provided for as well. The Act has provisions COVID-19 (PREVENTION AND CONTROL) on the management of public debt and contingent liability, (AMENDMENT) ACT, NO. 1 OF 2021 grants and the accounting, reporting and auditing of Public The COVID-19 (Prevention and Control) Act, No. 9 of Accounts. There are other provisions in the Act that 2020 was amended to decrease the number of days that deal with the oversight of statutory bodies, surcharge a COVID-19 test was required for persons coming to and the functions of the Internal Audit Unit as well as Saint Lucia from seven days to five days.
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STATUTORY INSTRUMENTS Two hundred and fifty-three statutory instruments were enacted for the period April 2020-March 2021.
ACT STATUTORY INSTRUMENT ACT STATUTORY INSTRUMENT ALIEN LANDHOLDING Regulations ELECTRONIC Commencement Order (LICENSING) ACT, NO. 1 TRANSACTIONS ACT, OF 2020 CAP. 8.17 CITIZENSHIP BY Amendment Regulations - 2 EMERGENCY POWERS Orders for: INVESTMENT ACT, ACT, CAP. 14.07 COVID 19 Emergency CAP. 1.20 powers COMPANIES ACT, Amendment Regulations COVID 19 Curfew – 8 CAP. 13.01 Operations and safety CONSTITUTION OF Resolution of Parliament measures SAINT LUCIA, CAP. 1.01 Approving State of Declaration of quarantine Emergency facilities Extension of Resolution EXCISE TAX ACT, Amendment of Schedule 1 of Parliament Approving CAP. 15.07 Orders - 13 Declaration of State of EXTRADITION ACT, Order for surrender of Emergency CAP. 2.10 fugitive Proclamation Proroguing FINANCE Resolution of Parliament to: Parliament (ADMINISTRATION) ACT, Borrow for capital Appointment of Session of CAP. 15.01 expenditure for the: Parliament Further Extension of Millennium Highway Resolution of Parliament and West Coast Road Approving Declaration of Reconstruction Project State of Emergency Human Capital Resilience Proclamation for Revocation Project of Declaration of State of Caribbean Regional Emergency Communications COVID-19 (PREVENTION Orders for: Infrastructure Program AND CONTROL) ACT, Physical distancing Caribbean Regional Air NO. 9 OF 2020 Prohibition of assembly Transport Connectivity Declaration of quarantine facility Project Approval of test for Caribbean Digital COVID-19 and Designation Transformation Project of Laboratory Village Tourism Initiative Restriction of Access to Area COVID 19 Additional Regulations for: Financing for the Health Wearing of masks System Strengthening Project Fees - 2 COVID-19 Crisis Response Protocols for fishing Authorize the Minister CUSTOMS DUTIES ACT, Orders for: of Finance to guarantee CAP. 15.06 Amendment of Schedule borrowing: 4 - 2 From the International DISTRIBUTION AND Price Control Orders - 15 Development Association PRICE CONTROL ACT, to finance the Caribbean CAP. 13.09 Regional Communications Infrastructure Program
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ACT STATUTORY INSTRUMENT ACT STATUTORY INSTRUMENT By the Saint Lucia Air and GEOGRAPHICAL Amendment Regulations Sea Ports Authority from a INDICATIONS ACT, syndicate of banks led by the CAP. 13.14 Bank of Saint Lucia Limited IMMIGRATION ACT, Order for prohibited to finance the Hewanorra CAP. 10.01 immigrants International Airport Amendment of Visa Order Redevelopment Project INDUSTRIAL DESIGNS Amendment Regulations Guarantee a Line of ACT, CAP. 13.29 Credit for the Saint Lucia Development Bank for on INTERNATIONAL Declaration of Head Office lending to Micro, Small and BUSINESS COMPANIES Company Orders for: Medium-Sized Enterprises ACT, CAP. 12.14 Delta Petroleum (Caribbean) Authorize the Minister of Limited Finance to borrow from the Grow Resources (St. Lucia) Export-Import Bank of the Inc. Republic of China to finance INVEST SAINT LUCIA Vesting Orders for: the COVID-19 Response ACT, CAP. 15.24 Belvedere, Soufriere Project LABOUR ACT, CAP. 16.04 Order for extension of lay-off Orders for: period Rate of tax for tourism sector LEGAL PROFESSION ACT, Eligibility Orders for: goods and services CAP. 2.04 Yanya Tzangia Katherine Regulations Alexis-Francis Amendment of Procurement Chanika Jovita Oneka Khanika and Stores Regulations Carrington FISCAL INCENTIVES ACT, Orders for: Simone Blanche Bowman CAP. 15.16 Kelly Marie Thomson Cepal Holding Inc. - 2 Mark Anthony Fulford Geon Holdings Incorporated Andrae Shawn Silburn Fresh Start Construction Company Limited Nassoma Monifa Cammock Vision Express Company Marie-Ange Symmonds Limited Damian Earle Stefan Kelsick Vision Express Company Arthur David Compass Limited Fyard Hosein Brice & Company Limited Sasha Dawn Shalini Blue Waters St. Lucia Ltd. Bridgemohansingh Stone Culture Limited Magali Guadalupe Marin- Elite Medical Imaging (EMI) Young Inc. Loriann Felecia Tugwell Plastic Solution Limited David Robert Kitson Sharpe Trois Femmes Artisan Jordan Alexander James Products Limited Jarrett St. Clair & Associates Inc. Candace Renae Fletcher GAMING, RACING AND Amendment Regulations. Kimberley Kaye Williams BETTING ACT, CAP. 13.13 Bond and Security Instrument Westmin Richard Anthony Regulations. James Cilma Daniella Shenaire Wade
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ACT STATUTORY INSTRUMENT ACT STATUTORY INSTRUMENT Richard John Harwood Bois d’Orange Development Weiden Orlando Daley Project Adlai David Samuel Dorsett La Ressource, Vieux-Fort NATIONAL INSURANCE Regulations for: SAINT LUCIA TOURISM Notice for Board of Directors CORPORATION ACT, AUTHORITY ACT, NO. 8 CAP. 16.01 OF 2017 Economic Relief Programme SHIPPING ACT, CAP. 13.27 Regulations for: for COVID 19 Manning and certification Sickness Benefit for COVID 19-3 SPECIAL DEVELOPMENT Amendment of Schedule 1 NATIONAL SAVINGS Resolution of Parliament to AREAS ACT, CAP. 15.29 Order AND DEVELOPMENT Raise Funds by the Issue of SUPREME COURT ACT, Amendment of Schedule 3 BONDS ACT, CAP. 15.25 Savings Bonds CAP. 2.01 Order PUBLIC FINANCE Resolution of Parliament Amendment Order MANAGEMENT ACT, authorizing the Minister of TELECOMMUNICATIONS Orders for: NO. OF 2020 Finance to borrow for capital ACT, CAP. 8.11 Land Mobile Radio Fees or current expenditure of Exemption for the Office of Government the Prime Minister PUBLIC HEALTH ACT, Amendment Regulations for: Maritime Mobile Radio CAP. 11.01 Fee Exemption for the Notification of Births Department of Agriculture, Water Quality Control Fisheries, Natural Resources Bakeries and Co-operatives Sewage and Disposal of TOURISM INCENTIVES Orders for: Sewage and Liquid Industrial ACT, CAP. 15.30 Nerv’s Taxi and Auto Rental Waste Works Service, Incorporated Offensive and Harzardous Nico’s Touring Services Trades Limited New Regulations: First Class Transportation Body Art Facility Service Offensive and Hazardous Drive Vacations (St. Lucia) Trades Limited Drive-A-Matic Smoking Control TOURISM STIMULUS Orders for: PUBLIC HOSPITALS Amendment Regulations AND INVESTMENT ACT, (MANAGEMENT) ACT, Dr. Keith Mondesir CAP. 15.03 CAP. 11.03 Hotel Chocolat Estates Ltd. REVISED EDITION OF Resolution of Parliament Union Hill Top Paradise Villas THE LAWS ACT, CAP. 1.07 to authorize the making Hebah Limited of an order for the 2017 TTS Resorts Ltd. Supplement to the Revised Edition of the Laws SeaSun Terraces Inc. 2017 Supplement to the Prugus Palace Revised Edition of the Laws Green Fig Resort Ltd. (Commencement) Order TRADE MARKS ACT, Amendment Regulations SAINT LUCIA Vesting Order for: CAP. 13.30 NATIONAL HOUSING CORPORATION ACT, CAP. 5.11
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ACT STATUTORY INSTRUMENT ACT STATUTORY INSTRUMENT VALUE ADDED TAX ACT, Resolution to: BANKING ACT, CAP. 12.01 Banking Business Vesting CAP. 15.42 Orders: Approve draft Value Added The Barclays Bank PLC Tax (Amendment of Amendment Schedule 3) Order - 2 Royal Bank of Canada Approve Value Added Tax CIVIL AVIATION ACT, Security Regulations (Rate of Tax) (Tourism Sector CAP. 8.07 Goods and Services) Order CONSTITUTION OF Proclamation for Declaration WATER AND SEWERAGE Orders for: SAINT LUCIA, CAP. 1.01 of State of Emergency ACT, CAP. 9.03 State of Emergency Water-Related Emergency Regulations Declaration State of Emergency Revocation of the Water- (Amendment) Regulations - 3 Related Emergency Resolution of Parliament Declaration Approving Declaration of Regulations for: State of Emergency Amendment of Tariff Proclamation Proroguing Parliament In each month from April 2020-March 2021 the following Appointment of Session of statutory instruments and notices were passed: Parliament COVID-19 (PREVENTION Orders for: Month Number of Number of AND CONTROL) ACT, Statutory Notices NO. 9 OF 2020 Instruments Physical distancing April 21 Prohibition of assembly May 14 Suspension of Liquor Licence June 25 Approval of Test for July 15 2 COVID-19 and Designation August 9 of Laboratory September 19 1 Declaration of Quarantine October 22 1 Facility November 31 Regulations for: December 24 Protocols for Public Omnibus Fees TOTAL 180 5 CUSTOMS DUTIES ACT, Orders for: CAP. 15.06 Amendment of Schedule 4 Statutory Instruments 2021 DISTRIBUTION AND Price Control Orders - 5 PRICE CONTROL ACT, Seventy-three statutory instruments were enacted CAP. 13.09 from January-March 2021. These statutory instruments EASTERN CARIBBEAN Amendment Order are identified under the relevant Act as specified in the CENTRAL BANK following columns: AGREEMENT ACT, CAP. 19.07
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ACT STATUTORY INSTRUMENT ACT STATUTORY INSTRUMENT EXCISE TAX ACT, CAP. Amendment of Schedule 1 TOURISM INCENTIVES Orders for: 15.07 Orders - 5 ACT, CAP. 15.30 FISCAL INCENTIVES ACT, Orders for: Cacoa Sainte Lucie CAP. 15.16 Pink Papaya Ltd. KM2 Solutions St. Lucia Ltd. Bay Gardens Limited Global Construction ALDANTE LTD. Management Inc. Fun Tours Eden Herbs Ltd. Ciceron Management Limited LEGAL PROFESSION ACT, Eligibility Orders for: Jairo Management Limited CAP. 2.04 TOURISM STIMULUS Orders for: Rushaine Ronjel Cunningham AND INVESTMENT ACT, Tito Jerome Holder CAP. 15.03 Anselm Colin Caines Daron Charles Investments PUBLIC FINANCE Resolution of Parliament Incorporated MANAGEMENT ACT, NO. authorizing the Minister of Sylvester Ambrose OF 2020 Finance to borrow for capital Villa Xona or current expenditure of Government: Martha’s Tyre Service Ltd. COVID-19 Response, Luxury Living Properties Recovery and Resilience (LLP) Inc. Development Policy VALUE ADDED TAX ACT, Amendment of Schedule 3 Programme CAP. 15.42 Order Sixth Water (Vieux Resolution of Parliament Fort Water Supply to approve draft Value Redevelopment) Project – Added Tax (Amendment of Amended Loan Agreement Schedule 3) Order Resolution to approve an Amendment of Schedule 3 Extension of Time to lay the Order Estimates SAINT LUCIA AIR AND Seaport Tariff (Amendment) SEAPORTS AUTHORITY Regulations ACT, CAP. 8.13 In each month from January-March 2021 the following SAINT LUCIA Vesting Order for: statutory instruments and notices were passed: NATIONAL HOUSING CORPORATION ACT, CAP. 5.11 Month Number of Number of Statutory Notices Carellie Housing Instruments Development January 17 SPECIAL DEVELOPMENT Amendment of Schedule 2 AREAS ACT, CAP. 15.29 Order February 33 STANDARDS ACT, CAP. Compulsory Standards March 23 13.25 (Amendment) Order TOTAL 73
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LEGISLATIVE DRAFTING UNIT
The Legislative Drafting Unit represented Chambers COVID 19 LEGISLATION at various regional and national meetings, staff was also April-December 2020 recipient of training opportunities listed below. During the period April-September 2020 COVID-19 REGIONAL MEETINGS continued to be regulated under the Constitution of Saint Lucia, Cap. 1.01 and the Emergency Powers (Disasters) • Harmonized Legislation for the Implementation of Act, Cap. 14.07. On 2 October, 2020 the COVID-19 OECS Policy on Rights Contingent on the Right to (Prevention and Control) Act, No. 9 of 2020 was enacted. Free Movement; In the table below is a summary of the legislation passed • IMPACT Justice - Increasing awareness of Legal Redress under each Act. and Availability of Other Services for Survivors of Intimate Partner; Constitution of Saint Lucia, Cap. 1.01 Constitution of Saint Lucia – Further Extension of • Secured Transacations and Collateral Registry Workshop; Parliament Approving Declaration of State of Emergency, • Regional Security System - Asset Recovery Unit’s Civil Statutory Instrument, No. 78A of 2020 Cash Seizure, Detention and Forfeiture Webinar; The State of Emergency was further extended from 27 • CARICOM Implemantation Agency for Crime and April, 2020 to 31 May, 2020. Security and the United Nations Office on Drugs and Constitution of Saint Lucia – Proclamation for Crime and CBSI - Connect Virtual Regional Traning on Revocation of Declaration of State of Emergency, Trade-Based Money Laundering. Statutory Instrument, No. 149 of 2020 The State of Emergency was revoked with effect from 30 NATIONAL MEETINGS September, 2020. • National Grid Code for Electricity Supply; Emergency Powers (Disasters) Act, Cap. 14.07 • Committee to develop a National Policy for a Local Emergency Powers (Disasters) (COVID 19) (Curfew) Cannabis Industry; Orders, Statutory Instruments, Nos. 46, 54 to 56, 68, • Meeting on Legislative Review, Improving the Legal 78B, 91, 111A of 2020 Framework for Protecting Minority Interest in Saint In addition to imposing a curfew, these Orders provided Lucia; for the continuation of businesses, offices and the public • Meetings on the Digital Government Project; service. Additionally, the Orders make provision for essential services that could operate during the curfew, • Health Insurance Meeting. physical distancing protocols, confinement to residence and the operation of educational institutions. Restrictions TRAINING on social activities, international travel, road traffic and • Virtual Deposit Insurance Workshop; visitation were set in the Orders. The Orders contained a general penalty and expiry date. • OAS - Webinar - International Disaster Response Law; Emergency Powers (Disasters) (COVID 19) (Operations • Smoking Control Webinar; and Safety Measures) Order, Statutory Instrument, No. • Consolidation of Laws Training; 136 of 2020 The purpose of this Order is to make provision for the • CTI Online Technical Workshop for Commonwealth operation of services and public services. It also provided Countries on the United Nations Convention against for physical distancing protocols, educational institutions Torture; and restriction on social activities. In the Order provision • Training for Diplomacy and Sustainable Development. is made for airports and sea ports, pre-travel requirements
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LEGISLATIVE DRAFTING UNIT and a notice of authorization to travel. Additional provision COVID-19 (Prevention and Control) (Fees) Regulations, is made for a polymerase chain reaction test and isolation, Statutory Instruments, Nos. 162A and 212A electronic monitoring, restriction on visitation and wearing Fees are set for a stay at a quarantine facility and electronic of mask or other covering. There is a general penalty and devices by these Orders. an expiry date. COVID-19 (Prevention and Control) (Restriction of Emergency Powers (Disasters) (COVID 19) (Declaration Access to Area) Order, Statutory Instrument, No. 165A of Quarantine Facilities) Order, Statutory Instrument, of 2020 No. 137 of 2020 A restriction of access to an area including a designated Four buildings or part of buildings were declared to be landing area by fishermen was imposed for the period 2 quarantine facilities. One situated in Castries and three November, 2020 to 8 November, 2020. situated in Gros-Islet. COVID-19 (Prevention and Control) (Fishing) COVID-19 (Prevention and Control) Act, No. 9 of 2020 Regulations, Statutory Instrument, No. 172 of 2020 COVID-19 (Prevention and Control) (Physical Distancing) Orders, Statutory Instruments, Nos. 151, This Order revoked statutory instrument No. 165A of 163A, 165B, 185, 187, 196, 202B of 2020 2020 and provided for the undertaking of fishing and related activities and the conditions that are imposed on These Orders provide for physical distancing, duty of a fishing licence and the suspension of these licenses. businesses, establishments or offices and the operation of educational institutions. January-March 2021 COVID-19 (Prevention and Control) (Wearing of Mask) During the months of January-March 2021, the legislation Regulations, Statutory Instrument, No. 152 of 2020 relating to COVID-19 were passed under the COVID-19 The circumstances in which a mask must be worn are (Prevention and Control) Act, No. 9 of 2020 and the identified and the uses of suitable covering are provided Constitution of Saint Lucia, Cap. 1.01 as follows: for in this Order. Constitution of Saint Lucia, Cap. 1.01 COVID-19 (Prevention and Control) (Prohibition of A state of emergency was declared on 3 February, 20201 Assembly) Orders, Statutory Instruments, Nos. 153, by the Constitution of Saint Lucia – Proclamation for 163B, 165C, 186, 195, 202A of 2020 Declaration of State of Emergency, Statutory Instrument Restrictions are placed on social activities including a No. 27 of 2021. The state of emergency continues until social event, tournament, sporting and contact sport and 16 May, 2021 as provided by the Constitution of Saint religious ceremonies by these Orders. Lucia – Resolution of Parliament Approving Declaration of State of Emergency, Statutory Instrument, No. 38 of COVID-19 (Prevention and Control)(Declaration of 2021. Quarantine Facility) Order, Statutory Instrument, No. 154 of 2020 The Constitution of Saint Lucia (State of Emergency) Regulations, Statutory Instrument, Nos. 28, 42 and 58 The Rodney Bay Public Health Facility, Castries Public of 2021 were passed for the purpose of dealing with Health Facility and the Rodney Bay Health Facility are the state of emergency. The Regulations make provision, declared as quarantine facilities in this Order. in relation to nationals, for the imposition of a curfew, COVID-19 (Prevention and Control) (Approval of Test identification of essential services that may operate for COVID-19 and Designation of Laboratory) Order, during the curfew and confinement to residence. Other Statutory Instrument, No. 155 of 2020 provisions made in the Regulations relate to restrictions The polymerase chain reaction test is the test approved for on road traffic and visitation. Testing and quarantine as COVID-19 and the Ezra Long Laboratory at the Owen King EU well as detention of a national or resident who does not Hospital is designated as the laboratory where a polymerase comply with the Regulations are also provided for in chain reaction test may be carried out in this Order. the Regulations. The Chief Medical Officer may impose
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LEGISLATIVE DRAFTING UNIT restrictions and requirements or isolate a national or The Suspension of Liquor Licence Order, Statutory resident suspected of being infected with COVID-19. The Instrument, No. 29 of 2021 provides the procedure screening requirements for a national or resident are set that must be adopted by the Minister of Health before out in these Regulations. There is a restriction on being suspending a liquor licence. in a public place if a national or resident knows that he or The Protocol for Public Omnibus Regulations, Statutory she has signs and symptoms of COVID-19 under these Instrument, No. 30 of 2021 provides the seating capacity Regulations. A penalty of a maximum of $10,000 or six for a minibus. months imprisonment is imposed by the Regulations. COVID-19 (Prevention and Control) Act, No. 9 of 2020 The COVID-19 (Prevention and Control) (Fees) (Amendment) Regulations, Statutory Instrument No. The Physical Distancing Orders Nos. 10, 12, 26, 31, 32, 34 of 2021 changes the fees to be paid at a quarantine 35, 45E, 57 and 64 of 2021 made provision for physical facility and introduces fees for a COVID-19 antigen test. distancing including the duty of a business, establishment or office, the operation of educational institutions and The Approval of Test for COVID-19 and designation of businesses, establishments and offices and the sale and laboratory Order, Statutory Instrument, No. 36 of 2021 disposal of intoxicating liquor. approves the polymerase chain reaction and antigen tests for COVID-19 and designates the laboratories at which The Prohibition of Assembly Orders, Statutory these tests may be provided. Instruments Nos. 11, 25, 44 and 59 of 2021 prevented persons from being in large crowds, such as parties, Quarantine facilities are declared by the Declaration of religious ceremonies and sporting events. quarantine facility Order, Statutory Instrument, No. 37 of 2021.
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ADVICE AND LITIGATION UNIT
The Advice and Litigation Unit performs a multitude of To illustrate, marriage licences are now submitted functions which includes. electronically for processing with safeguards built-into the 1. Providing legal opinions to various Government system to ensure the authenticity of the documentation Departments; submitted. Adoption interviews and investigations can now be conducted via remote means where necessary. Due to 2. Representing the Government of Saint Lucia in court the exigencies of the situation Chambers has agreed to proceedings; accept service of court documents electronically and most 3. Processing of Marriage Licences; general correspondence is now received and transmitted 4. Appearing as Tutor Ad Hoc in adoption proceedings; electronically. 5. Vetting of contracts, loan agreements and memoranda There have been no in-person sittings of the courts since of understanding to be entered into by the Government the Court of Appeal sitting from 9th to 13th March, 2020. of Saint Lucia; In accordance with the Emergency Practice Directions issued by the Chief Justice all court sittings (including the 6. Reviewing applications for calls to the bar by non- Magistrate’s Courts) have been held virtually. Fortunately, citizens; the initiative taken to provide attorneys in the Unit with 7. Preparation and processing of Mutual Legal Assistance electronic devices from 2019 mitigated the impact of this requests; sudden switch to virtual hearings. As a result, even with 8. Preparation and processing of Extradition and the stringent curfew measures implemented between Surrender requests in respect of fugitive offenders March to June 2020 it was possible for Attorneys to attend wanted by foreign states; court matters. The Conference Room at Chambers has 9. Representing the Government of Saint Lucia on various also been equipped with video-conferencing tools to boards and committees;. accommodate this. Further at the start of the year 2020, Chambers embarked In 2020 the Unit faced unprecedented challenges as a on the novel initiative of creating an Internal Case Digest. result of the COVID-19 Pandemic. Despite this, the Unit The Digest currently comprises sixty-eight (68) cases managed to meet its primary objective of providing quality stemming from areas of the law which would ordinarily legal advice and representation to the Government of concern matters in which the Attorney General would Saint Lucia. In this regard, the 2019-2020 Annual Report be a party. The areas of law include but are not limited accurately foreshadowed the impact that the Pandemic to, Constitutional law, Administrative law, Contract law, would have on the Unit. Tort law and Company law. The decisions which populate Upon the public being notified of the first cases of the Digest, emanate from the High Court of Justice and COVID-19 in Saint Lucia the Unit was proactive and Court of Appeal in all nine states of the Eastern Caribbean immediately implemented protocols aimed at reducing Supreme Court and the Judicial Committee of the Privy the risk to staff and the public in general. These protocols Council, which is our final appellate court. applied to: This initiative, since its inception, has greatly benefited 1. Marriage Licences; counsel in Chambers as it has proven to be an invaluable 2. Adoptions; resource tool to aid in the preparation of legal opinions, court submissions and other court documents. 3. Applications pursuant to the Legal Profession Act; and As with previous years, the Unit was also called to issue 4. Service of Documents. advice on legal issues which arose as a direct result of the As a direct result of these measures coupled with the need pandemic. The Unit rose to the challenge and was able to to work remotely the Unit has become less dependent respond to these requests even through periods when it on the physical documents. was not possible to access the physical office.
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ADVICE AND LITIGATION UNIT
MARRIAGE LICENSES Saint Lucia’s borders from March to June 2020 and also The 2019-2020 Annual Report noted that the number due to travel restrictions to and from our main tourist of marriage licences issued for the month of March 2020 markets. had reduced significantly. This trend continued in the 2020- The graph below illustrates the number of marriage 2021 financial year with the number of marriage licences licences processed on a monthly basis from the months issued being significantly less than the 2019-2020 financial April 2020-December 2020. These licenses can be issued year. The situation was brought about by the closure of either as a normal or special licence.
Further throughout the year the number of normal Financial Summary licenses processed and issued far exceeded the number The table below illustrates the estimated revenue collected of special licenses. from marriage licences issued during the period April It is also observed that the months of October, November 2020-December 2020. and December realized the highest number of processed special licenses which peaked at 20, 28, and 34 respectively. Description Unit Price Quantity Earnings On the other hand, normal licenses peaked in the months Normal Marriage of September, October, November and December at 42, Licence $335.00 (127) $68,580 50, 46 & 64 respectively. Special Marriage The months of November and December showed the Licence $540.00 (277) $92,795 highest number of licenses processed in both categories TOTAL 404 $161,375 for the year.
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ADVICE AND LITIGATION UNIT
Marriage Licenses over two years It is observed that Saint Lucians married to Americans Figure 1.3 shows the number of marriage licenses accounted for the majority in this category, while the processed and issued by the Chambers for the past two rest of the applicants accounted for an equal number of years. Between the years 2019 and 2020 there was a licences being issued to Saint Lucians and non-nationals. significant drop in the number of marriage licenses being processed. This decline can be attributed to the COVID-19 Marriage Licencess issued to Couples pandemic. from the same Jurisdiction
Marriage Licences Total Number of licences during the Period January 2019-January 2021: Month 2019 2020 2021 2022 2023 January 84 73 40 February 79 103 38 March 105 48 43 April 154 0 May 200 13 June 123 9 [Fig 1.5] July 121 38 The graph above illustrates the number of visitors coming August 89 48 to Saint Lucia within a nine month period commencing April September 82 54 2020-December 2020 for the specific purpose of getting October 110 70 married. Saint Lucian nationals were the highest with a total November 102 74 of two hundred and seven (207) licences being issued. December 128 98 TOTAL 1377 628 Marriage Licences issued to [Fig 1.3] Applications from different Jurisdictions
Marriage Licencess issued to Couples with a Saint Lucian Partner
[Fig 1.4] A total of fifteen (15) applications were issued to couples during a nine month period (April-December 2020) in which one of the applicants originated from Saint Lucia. [Fig 1.6]
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ADVICE AND LITIGATION UNIT
Figure 1.6 is based on a nine month period (April-December YEARS IN REVIEW 2020) and illustrates that Saint Lucia continues to attract visitors from across the globe as a wedding destination. Applicants originated from the Caribbean, Europe, Africa, Oceania as well as the other customary jurisdictions such as the United Kingdom, the United States and Canada. Marriage Licence Analysis: January - March 2021 Country of Origin The line graph below illustrates that for the first quarter of 2021 (January- March) the majority of individual applicants During January-March 2021, there has been a significant originated from the United States and Saint Lucia. The decline in marriage applications processed. The travel United Kingdom, Bahamas, Canada, Spain, South Africa restrictions during Covid 19 pandemic would have and Barbados were in the minority. impacted this.
Nature of Applications The table and graph below provides a breakdown of special and ordinary licences with estimated revenue for the period. Application Jan Feb March Total Revenue Type Number Generated SPECIAL 10 18 9 37 $19,980 ORDINARY 30 20 34 84 $28,140 COMBINED 40 38 43 121 $48,120 A total of six (6) applications were issued to couples with TOTAL a Saint Lucian partner during the period.
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ADVICE AND LITIGATION UNIT
The above graph shows applicants of the same nationality It is estimated that Chambers received seventeen thousand who got married in Saint Lucia. The United States ranked six hundred dollars ($17,600.00) in revenue from tutor the highest with one hundred (100) applicants being issued a ad hoc fees arising from the twenty-two (22) adoption marriage licence. Saint Lucia was the second highest followed applications. The Pie Chart below illustrates the relevant data. by the United Kingdom and the Bahamas. Estimated revenue for the 2019 and 2020 Pie Chart 1
Estimated Revenue from Adoptions
The chart above illustrates that Saint Lucia continues to attract a diverse range of visitors as a wedding destination. The customary jurisdictions such as the United States, United Kingdom and Canada were also represented.
ADOPTIONS It was previously reported in the 2019 annual report that the adoption committee was yet to be established and as such it was necessary for the provisions of the Adoption Act to be introduced into the Child (Care Protection and Adoption AGREEMENTS/CONTRACTS Act) to cater for the existing challenges in implementation Pursuant to the Finance (Administration) Act, Cap. 15.01, of the Adoption Act. all contracts involving the Government must be vetted Chambers therefore recorded twenty-two (22) adoption and approved by the Office of the Attorney General, prior applications in 2020, which resulted in a one hundred and to execution. forty-four (144) percent increase in adoption applications Chambers received a total of forty-eight (48) such over the preceding year, 2019. It is presumed that this sizable documents for vetting in the year 2020 compared to increase was due to the temporary re-instatement of this familiar adoption regime which was executed through seventy (70) in the year 2019. (Refer to Bar Charts 2 Chambers. Bar Chart 1 below illustrates the relevant data. and 3) Bar Chart 1 – Comparisons of Adoption applications received for the Bar Chart 2 2019 and 2020 Agreements
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ADVICE AND LITIGATION UNIT
Bar Chart 3 year to ninety-three (93) apostilles being executed in the year 2020-2021, pursuant to section 4 of the Apostille (Hague Convention) Act, Cap. 2.18. A significant number of the apostilles executed related to Birth and Baptism Certificates with the request for Marriage Certificate apostilles being the next most frequently requested. There were also requests for apostilles for death certificates, statutory declarations, official school transcripts, certificates of character, unmarried certificates and death certificates to name a few. ALIEN LICENCES It is important to be reminded that apostilles are in relation to the authentication of the original signature affixed to a Prior to 20th March 2020, draft licenses were presented to document and not the verification of the contents of the Chambers for processing and vetting. Chambers had the task of documents. Consequently, apostilles can be issued for certified perusing the files with the aim of ensuring that the draft licences copies of documents as it pertains to the individual certifying and documents presented were accurate and in compliance same. These are in relation to State issued documents and with the now repealed Aliens (Licensing) Act, Cap. 15.37. or notarized documents. (refer to table below) On 20th March 2020, Parliament brought the Alien Landholding (Licence) Act, No. 1 of 2020 into force which Apostilles 2020 vested the Citizenship by Investment Unit with the jurisdiction Birth Certificates/Baptism Certificates 40 to process applications for an alien landholding licence and Marriage Certificate 6 amendments of a licence issued under the former Act. Unmarried certificate 7 Consuqently, all licenses previously approved by the Cabinet Death Certificate 1 of Ministers or the Prime Minister before this date remained Certificate of Good Standing 4 with Chambers for processing. Certificate of Character 4 Five (5) such alien licences were presented to Chambers for Statutory Declaration 2 vetting. This number was significantly reduced in comparison Certificate of Incorporation 1 to thirty (30) alien licences which were presented in the year Memorandum of Association 2 2019 for processing. (Bar Chart 4.) Articles of Association 2 Draft licenses could be finalized between and average of one (1) to four (4) weeks, depending on its accuracy or the concerns Certificate of Incumbency 3 which are raised by Chambers during the vetting process. Last will and testament 1 Citizenship 3 Bar Chart 4 Police Record 3 Change of name 1 Letter 2 Register of Directors 2 Share Certificate 4 Notice of Tax Account 1 Alien Licences Certificate of Compliance 1 Order 3 Copy of Passport 1 Copy of National Identification 1 APOSTILLES Baptism Certificate 2 There was an overall increase in the number of apostilles signed by the Solicitor General in the year 2020. The Deed of Acknowledgment 2 number increased from seventy-four (74) in the previous TOTAL 93
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ADVICE AND LITIGATION UNIT
CALLS TO THE BAR 3. any solicitor of the United Kingdom or Law Agent It is a requirement pursuant to section 16 (3) of the admitted to practise in Scotland; Legal Professions Act, Cap. 2.04 that a non-citizen who is 4. any person who has passed the intermediate and final desirous of being called to the Bar and to appear before examinations of the Law Society of England. However, the High Court of Saint Lucia should obtain the requisite this person must – authority so to do. (a) have served for 5 years continuously in the The number of applications received for calls to the Bar Chambers of a practising barrister and has increased by over one hundred percent (100%). The Bar throughout that time been of a good character; chart below provides an illustration of the number of and applications received. Reference is made to Bar Chart 5. (b) passed one of the following examinations:
Bar Chart 4 (i) the Matriculation Examination of the University of London, Call to the Bar (ii) the School Certificate Examination of the University of Cambridge, or (ii) any examination prescribed as qualifying for admission to the Inns of Court.
Requirements and Procedure to be Called to the Bar 1. An applicant who falls into any of the above categories can present, through an attorney-at-law, or on their own accord, an application to the Attorney General’s Chambers for the publication of an order in the Gazette. 2. All copies of all supporting qualifications documents What is required to be Called to the Bar must be presented with the request. The Legal Profession Act (the LPA), Cap 2.04 (hereinafter 3. The application to the Attorney General’s Chambers referred to as “the Act”) governs the procedure and must be accompanied by the applicant’s consent to lists the prerequisites for making an application for non- obtain verification of all certificates/qualifications. citizens to be admitted to practise law in Saint Lucia. This 4. The Attorney General’s Chambers will perform is governed by Section 16 of the Act. all necessary due diligence to ascertain that the An applicant who is not a citizen of Saint Lucia but is applicant is indeed eligible to practise at the bar as a citizen or a national of a country the laws of which well as determine the authenticity of the supporting gives reciprocal treatment to a citizen of Saint Lucia in qualifications documents provided, relation to admission to practice law in that country and 5. After the Due Diligence, the Attorney General shall is desirous of practising law in Saint Lucia may apply to be consult with the Chief Justice to determine whether the called to the bar in Saint Lucia provided that the applicant applicant is from a country which facilitates reciprocal falls within the following categories as provided for under treatment to a citizen of Saint Lucia in relation to section 15 of the Act: admission to practise law in that country. 1. any English or Irish barrister-at-law, or any Scottish 6. Once satisfied. the Attorney General shall thereafter by advocate; Order published in the Gazette provide that, subject to 2. any barrister or advocate of any of the Superior Courts such conditions as the Attorney General may specify, of any British Possession where similar privileges are the applicant shall be eligible to be admitted by the accorded to barristers of the Supreme Court; High Court to practise law in Saint Lucia.
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7. Upon the publication of the Order in the Gazette, an Chambers received ninety-two (92) deeds and sixty-four application can be filed at the High Court on behalf of (64) leases. A total of one hundred and fifty–seven (157) the applicant. requests for vetting. Whereas in 2020, the total number of requests decreased to eighty (80). Of the eighty (80), 8. The application ought to be supported by affidavit forty-three (43) were for transfer (sales and actual transfers evidence proving that the applicant: without consideration) and thirty-seven (37) were related (a) is at least 18 years of age; to leases. Refer to Pie Chart 2 (b) is of good character; (c) does not have a criminal record except if it is for a LITIGATION minor traffic offence; There were fifty-nine (59) matters served on Chambers in (d) is not declared to be bankrupt by a court; and 2020 leading to an eighty-four point three eight percentage (e) has paid the prescribed fee. (84.38%) increase compared to 2019 in which thirty-two 9. The Application ought to be filed with due haste (within (32) matters were served. a reasonable time). The matters increased in their complexity and also involved 10. The High Court shall, if it is satisfied, admit that applicant novel litigation relating to issues arising out of the COVID- to be admitted to practise law in Saint Lucia. 19 pandemic. Other matters related to judicial review It is important to note that the requirement to observe steps 3 applications, constitutional motions, police and medical and 4 above was severly impacted during the pandemic year 2020 negligence matters as well as breach of contract matters as most schools/universities were closed. As a result, obtaining were included in the listing. verification of certificates/qualifications proved increasingly Bar Graph 6 difficult. In light of this challenge, Chambers implemented the temporary measure whereby an applicant, in addition to presenting his or her certified certificates/qualifications, had to submit a statutory declaration together with a notarial certificate confirming the authenticity of the documents.
NOTARIAL INSTRUMENTS These comprise of legally binding documents involving the State as it pertains to immovable property. These legally binding documents relate to leases, transfers and exchanges. In the year 2020, there was a decrease in the number of such requests made as compared to the previous year. In 2019, NON PROFIT ORIGANIZATION Pie Chart 2 Saint Lucia received four (4) applications for recommendation for registration pursuant to section 328 of the Companies Act, Cap. 13.01. (Refer to Table 10 and Bar Graph 7.) The applications received were restricted to some of these areas: professional, professional/educational, professional/ philanthropic/social, philanthropic, philanthropic/ charitable, charitable/philanthropic/educational, charitable/ educational/artistic/social, religious, religious/charitable, religious/social and religious/educational. It must be noted that approved applications include those which were received prior to the period under review.
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Table 10 Bar Graph 8 Type of Business No. of No. of Applications Applications Received Approved Professional 2 0 Professional/Educational 2 1 Professional/ 1 0 Philanthropic/Social Philanthropic 2 2 Philanthropic/Charitable 2 3 Charitable/Philanthropic/ 1 1 OPINIONS Educational Charitable/Educational/ 1 1 As it relates to opinions, 2020 saw an increase from sixty- Artistic/Social four (64) in 2019 to eighty-nine (89) in 2020. Please see graph 9 Religious 1 1 Religious/Charitable 1 Opinions are provided to the various departments of Religious/Social 1 government upon requests. These opinions ranged from providing advice on pandemic related issues, stamp duty, Religious/Educational 1 trademarks, dismissals, compensation matters, acquisition Total 15 9 of property, citizenship, access to information, rectification matters, among others. Bar Graph 7 Bar Graph 9
NOTICES OF SUIT RELEASES Notices of Suit are pre-action protocol which pursuant to Article 28 of the Code of Civil Procedure notifies the Seven (7) releases were executed during the year in review public officer of an impending action against him or her. compared to a total of sixty-five (65) releases executed in 2019. This represented a total sum of $1,181,725.27 There was a slight decrease in the number of Notices of being paid by the Government of Saint Lucia in respect Suit served on the Office of the Attorney General in the of court judgments, ex-gratia payments or out of court year 2020 which equates to sixteen (16) compared to settlements. seventeen (17) in the year 2019. Refer to Bar Graph 8. . 3434 | Attornery| ANNUAL REPORTGeneral’s 2019 Chambers Annual Report 2020 www.attorneygeneralchambers.com | [email protected] | [email protected]
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Releases Bar Chart 10 MLATS 2020
There was a reduction in the number of releases, particularly in the area of ex gratia payments. Three (3) releases were executed Bar Chart 11 - Countries Featured to MLATS In 2020 as a result of the implementation of the recommendations of the Salaries Review Commission in respect of parliamentarians and former parliamentarians. This must be contrasted with the fifty-four (54) executed in the previous year. As previously noted, three (3) of these matters related to salary increases owed to parliamentarians and former parliamentarians. The remaining matters consisted of one (1) Customs matter, two (2) police matters and one (1) matter emanating from the Department of Physical Planning.
MUTUAL LEGAL ASSISTANCE (MLAT) Chambers continues to assist partner agencies in the national crime fighting strategy. As a consequence, four (4) applications were made for national security assistance from the Royal The table below offers a breakdown of the offenses for Saint Lucia Police Force, five (5) applications from the Financial the various request. Intelligence Authority and fourteen (14) from the Ministry of External Affairs. Table 12 OFFENCES AMOUNT In 2020, Saint Lucia saw a slight decrease in the number of mutual legal assistance requests processed. In 2020, twenty- Murder 1 three (23) requests processed, compared with twenty-seven Money Laundering 7 (27) in 2019. It is however noticeable that in both years Bribery 1 there was a larger number of requests received as opposed Malicious Communication 1 to requests sent out. The number of requests sent out Civil Matter 1 amounted to five (5) compared to eighteen (18) requests received. Refer to bar chart 10. Fraud 3 Violation 1 The majority of the requests (internal and external) were specific to Martinique. Refer to bar chart 11. Corrupt practice 1 Migrant trafficking/Conspiracy 1 These requests would emanate from either the Royal Saint Lucia Police Force, the Ministry of External Affairs and the Drug Trafficking 2 Financial Intelligence Authority. Service of Documents 5
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The National Anti-Money Laundering Oversight The assessors considered the country context, the number Committee and relative importance of the criteria met or not met The National Anti-Money Laundering Oversight Committee when deciding the level of shortcomings. (NAMLOC) is primarily responsible for coordinating the The Effectiveness rating are as follows: national anti-money laundering/counter terrorism financing activities of Saint Lucia. The members of NAMLOC by virtue High Level of the Immediate Outcome is of a Cabinet appointment are. Effectiveness achieved to a very large extent. Minor improvements needed (1) Representatives from Attorney General’s Chambers Substantial Level of the Immediate Outcome is (2) Representatives from the Financial Intelligence Authority Effectiveness achieved to a large extent. (3) Representatives from the Financial Services Regulatory Moderate improvements Authority needed (4) Representative from the Inland Revenue Department Moderate Level of the Immediate Outcome is Effectiveness achieved to some extent. Major (5) Representative from the Customs and Excise Department improvements needed Low Level of the Immediate Outcome is (6) Royal Saint Lucia Police Force Effectiveness not achieved or achieved to a negligible extent. Fundamental I. Saint Lucia’s Mutual Evaluation Process improvements needed In September 2019, Saint Lucia was evaluated against the forty (40) Financial Action Task Force (FATF) Recommendations. Further to the onsite evaluation in September 2019, Saint Lucia This assessment had two (2) components namely the received the drafts of the Mutual Evaluation Report for review. technical compliance assessment which relates to the The 1st, 2nd and 3rd Draft Mutual Evaluation Reports were relevant legal and institutional framework of Saint Lucia. received on November 11, 2019, January 24, 2020, and October This examined the powers and procedures of competent 5, 2020, respectively the Caribbean Financial Action Tasks Force authorities relating to anti-money laundering (AML) and (CFATF). The NAMLOC convened meetings to review and counter financing of terrorism (CFT) systems in Saint Lucia. provide comments to the Assessors. The key unresolved The second component assessed the adequacy of the matters from the 3rd draft mutual evaluation report were slated implementation of the Recommendations and identifies for discussion at the May 2020 Plenary in Trinidad & Tobago. the extent to which Saint Lucia achieved the outcomes that are central to a robust AML/CFT system. II. Postponement of Saint Lucia’s Mutual Evaluation As it relates to Technical Compliance, a country can be The COVID-19 Pandemic had a negative impact on the rated as follows: scheduled May 2020 CFATF Plenary which was slated for Trinidad and Tobago. Delegates were unable to travel due Compliant (c) there are no shortcomings to the pandemic with strict protocols being enforced by the regional and international community. In a communique Largely Compliant (LC) there are only minor received from the CFATF we were advised that the Plenary shortcomings to review Saint Lucia’s report was postponed to the period Partially Compliant (PC there are moderate November-December 2020. It should be highlighted that Saint shortcomings Lucia was the first pilot country to conduct a virtual Plenary. Non-Compliant (NC)- there are major This Plenary was held virtually during the period November shortcomings 20 2020-December 11, 2020. The Saint Lucia delegation Not Applicable (NA) A requirement does not comprised of the Attorney General Stephen Julien, apply due to the structural Permanent Secretary Ms. Juliana Alfred, a representative legal or institutional features from the DPP office and the nine (9) NAMLOC members of a country from the FSRA, FIA, Inland Revenue, Police and Customs.
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Saint Lucia’s Report: key issues identified III. Virtual Trainings, Workshops and Meetings Saint Lucia had the opportunity to discuss six (6) key NAMLOC members and other government agencies outstanding issues identified from the 3rd draft Mutual representatives participated in the following workshops Evaluation Report, during the meetings held from and or training seminars November 30 – December 1, 2020. The panel was • A virtual conference over three weeks, on June 10, overseen by the CFATF Working Group on FATF Issues 18 and 25. This conference entitled “All In: Promoting (WGFI). All issues discussed at the WGFI meeting, whether Integrity, Combatting Corruption” and was organized by concluded or not, were also tabled at the CFATF Plenary the Commonwealth Caribbean Association of Integrity for either information purposes or for a decision to be Commissions and Anti-Corruption Bodies. taken. The key issues identified were: • The “Early Warning Systems in Response to Opioids and (1) Recommendation 9 -Financial Institutions Secrecy Laws New Psychoactive Substances (NPS) in Latin America (2) Immediate Outcome 2 (International cooperation) and the Caribbean” on June 19, 2020. This was organized (3) Recommendation 32 (Cash Couriers) by the Organization of American States (OAS) and the Inter-American Drug Abuse Control Commission (4) Immediate Outcome 8 (Proceeds and instrumentalities (CICAD). of crime are confiscated) • The “Shipping Registry Best Practices Virtual Training for (5) Recommendation 29 (Financial Intelligence Units) the Caribbean and South America” webinar. This webinar (6) Recommendation 26 (Regulation and supervision of focused on the utilization of open source information financial institutions) to enforce UN Sanctions in the maritime domain.
Results of the Working Group Meetings & CFATF Plenary • World Bank Counter-Terrorist Financing Training from July 29-30, 2020. As a result of discussions held at the WGFI stage, four (4) key issues (Key Issues 1, 2, 4 &5) were concluded • The CARICOM Implementation Agency for Crime and and the ratings were unchanged. Two key issues (Key Security and United Nations Office on Drugs and Crime Issues 3 & 6) were not concluded given that there was and CBSI-Connect hosted a Virtual Regional Training no consensus amongst the Working Group. These issues on Trade Based Money Laundering from August 24-25, tabled for the CFATF Plenary Meetings, which commenced 2020. on December 9, 2020. It should be noted that none of the • A Global webinar for Criminal justice authorities and issues raised by the Saint Lucian delegation were re rated. multi-national service providers was held on September Saint Lucia’s Mutual Evaluation Report was published in 30, 2020. Invitations were sent to the following January 2021 and summarized the AML/CFT measures Departments to participate in this webinar: in place as at the date of the on-site visit. It analysed the • A ‘Cash Seizure, Detention and Forfeiture Webinar’ level of compliance with the FATF 40 Recommendations organised by the Regional Security System-Asset and the level of effectiveness of the AML/CFT system with Recovery Unit was held on October 15, 2020. This recommendations on how the system could be strengthened. training focused on creating awareness amongst The mutual evaluation report concluded that Saint agencies of the various methods of undergoing Lucia was Complaint with one recommendation, Largely seizures, forfeitures, etc. The webinar also focused on Complaint with eight (8) recommendations, Partially the importance on International Cooperation and the Complaint with twenty five (25) recommendations and development of domestic and departmental policies non-compliant with seven (7) recommendations. and procedures. Saint Lucia was placed on the Enhanced Follow-up process • An Asset Recovery Virtual Workshop was attended by noting the numerous deficiencies and is scheduled to key government agencies from October 26-30, 2020. provide progress reports from the Fourth Round Mutual This workshop was geared towards strengthening the Evaluation Report (MER) at the November 2021 Plenary. capacity of asset recovery practitioners within the
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CFATF Member States and provided participants with Date Media Outlet Recommendation/Article the necessary hands-on experience to facilitate asset February Attorney Analysis of FATF recovery applications in the real-world environment. 2020 General’s Recommendation • A ‘Fraud/Ponzi/Pyramid Scheme’ Webinar organized by Facebook page 6 – Targeted Financial the Regional Security System-Asset Recovery Unit was Sanctions Related to Terrorism held on November 12, 2020. and Terrorist Financing Analysis of FATF Recommendation Meetings were also held between October-December 7 – Targeted Financial 2020 with various Government Ministries for discussions Sanctions Related to in relation to the development on Anti-Corruption Policy Proliferation in Saint Lucia with a special focus on the Mechanism for March Attorney This article was entitled Follow-Up on the Implementation of the Inter-American 2020 General’s “Analysis of FATF Convention against Corruption (MESICIC) second and fifth Facebook page Recommendation Eight- round country review. Non-Profit Organizations (NPOs). IV. National Anti-Money Laundering Oversight June 2020 Attorney Analysis of FATF Committee Action Plan (April 2020 - April 2022) General’s Recommendation 12 – Approved Facebook page Politically Exposed Persons a. The National Anti-Money Laundering Oversight Committee Action Plan (April 2020 - April 2022) was Analysis of FATF submitted to the Cabinet and approved on August 17, 2020. Recommendation 13 – Correspondent Banking V. Approval of the National Anti-Money Laundering, July 2020 Attorney Analysis of FATF Counter Terrorist Financing and Counter Proliferation General’s Recommendation Financing Policy Facebook page 14 – Money or Value a. The National Anti-Money Laundering, Counter Terrorism Transfer Services Financing and Counter Proliferation Policy was submitted to the Cabinet and approved on August 17, 2020. Analysis of FATF Recommendation VI. Public Education 15 – New Technologies August Attorney Analysis of FATF VII. NAMLOC’s public education campaign continued 2020 General’s Recommendation during the year 2020: Facebook page 16 – Wire Transfers Date Media Outlet Recommendation/Article September Attorney What is Money Laundering? January The Voice Recommendation 38: Mutual 2020 General’s A CFATF website Link was 2020 and Star Legal Assistance: Freezing Facebook page attached from CFATF. Newspaper and Confiscation November Attorney Article 2 – ML/TF/PF What January Attorney Analysis of FATF 2020 General’s you should know? 2020 General’s Recommendation 4 – Facebook page Facebook page Confiscation and Provisional December Attorney Article 3 - Measures and Analysis of 2020 General’s Recommendation One: FATF Recommendation 5 – Facebook page Assessing Risk and Applying Terrorist Financing Offence a Risk-Based Approach
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REGISTRY OF COMPANIES AND INTELLECTUAL PROPERTY The Registry of Companies and Intellectual Property (2) Registration of industrial designs. (ROCIP) was established by an Act of Parliament – (3) Registration of geographical indications. Companies and Intellectual Property (Registry) Act No. (4) Administration of copyright legislation. 12 of 2000 (now Cap. 13.01. The Act aims to provide for the creation and administration of an efficient Companies General services and Intellectual Property Registry. • Search and inquiry OBJECTIVES • Photocopying of documents The main objectives of the Registry are as follows: • Certification of documents • To create efficient administration of company and STATISTICS intellectual property matters; The table below shows the number of registration of • To maintain an updated filing system for companies, companies, business names and trademarks recorded in business names, partnerships and intellectual property; 2020 • To ensure easy access to information filed at the Registry; Companies • To generate a level of enforcement and awareness of Year Type of company Number registered treaties and legislation pertaining to companies and intellectual property; and 2020 Domestic 243 • To register companies, business names, partnerships and Profit Non-profit intellectual property. 236 7 External 8 SERVICES Member State 1 The Registry of Companies and Intellectual Property provides the following key services: Business Names Companies Year Number registered • Registration of domestic companies (profit and non- 2020 1,322 profit) • Registration of external companies Trademarks • Registration of member state companies Year Number registered • Registration of business names 2020 175 • Registration of partnerships • Post-incorporation/registration company filings The table below provides a comparative analysis of • Post-registration business name filings registration 2018 - 2020 • Registration of charges Companies • Issuance of Certificates of good standing and certificates Year Type of company Number registered of status 2018 Domestic 350 IIntellectual Property Profit Non-profit (1) Trademarks 346 4 • Registration of trademarks External 5 • Post-registration trademark filings (renewals, assignments, Member State 3 changes of name, changes of address)
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Year Type of company Number registered had to be abandoned due to the advent of the COVID-19 pandemic. A virtual sensitization programme in that regard 2019 Domestic 311 will be explored in the near future. Profit Non-profit 305 6 World Intellectual Property Day 2020 External 13 Saint Lucia joined the world in celebrating World Member State Nil Intellectual Property Day on April 26, 2020 under the theme “Innovate for a Green Future”. World Intellectual 2020 Domestic 243 Property Day is celebrated every year with the aim of increasing general understanding of IP worldwide. Profit Non-profit 236 7 The Registry planned the following activities to mark External 8 World IP Day 2020: Member State 1 • Press Release • Published WIPO Director General’s Address Business Names • Interview with GIS on programme – “Let’s Talk” Year Number registered • Secondary Schools Essay Competition 2018 1187 2019 1279 • Trademark Exhibition 2020 1322 • IP Open Day • Distribute publicity material (brochures, bookmarks etc.) Trademarks • Display IP Day Banner Year Number registered 2018 262 • Staff to wear World IP Day T-shirts 2019 224 Regrettably, the activities had to be aborted due to the 2020 175 advent of the COVID-19 pandemic and accompanying protocols and restrictions.
Public Education and Outreach New International Treaties The Registry’s mandate includes public education and Accession to the Marrakesh Treaty to Facilitate Access outreach, particularly in the area of Intellectual Property to Published Works for Persons Who Are Blind, Visually (IP). During the months of March and April 2020, the Impaired or Otherwise Print Disabled Registrar and staff of the Intellectual Property embarked upon an outreach programme at secondary schools on Saint Lucia acceded to the Marrakech Treaty on June 11, the island commencing with the Castries Comprehensive 2020 which entered into force on September 11, 2020. The Secondary School and the St. Joseph’s Convent Secondary Marrakesh Treaty to Facilitate Access to Published Works School. Both sessions were deemed successful. The students for Persons Who Are Blind, Visually Impaired, or Otherwise showed some level of awareness of IP and demonstrated Print Disabled (MVT) is the latest addition to the body a high level of interest with the discussions which were of international copyright treaties administered by World evident by the questions asked and the experiences shared Intellectual Property Organization (WIPO). It has a clear with either owning or using intellectual property. humanitarian and social development dimension and its main goal is to create a set of mandatory limitations and The Registry hopes that this initiative can resume in short exceptions for the benefit of the blind, visually impaired order as plans to reach all secondary schools in Saint Lucia and otherwise print disabled (VIPs).
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It requires Contracting Parties to introduce a standard set Intellectual Property Office (EUIPO). It was established of limitations and exceptions to copyright rules in order to strengthen the intellectual property rights to permit reproduction, distribution and making available environment in CARIFORUM as a means of fostering of published works in formats designed to be accessible trade and investment and stimulating innovation and to VIPs, and to permit exchange of these works across competitiveness in the private sector. borders by organizations that serve those beneficiaries. As the ‘innovation and intellectual property rights’ component of the CARIFORUM-EU Economic ONGOING DEVELOPMENTS Partnership Agreement (EPA) support programme, Legislative review carIPI aims to make a contribution towards achieving The following pieces of legislation are being reviewed with the commitments and expected benefits of the EPA, thus the assistance of the Legislative Drafting Unit, WIPO and layering the ground for a sustainable long-term regional the EUROPEAN UNION INTELLECTUAL PROPERTY framework and cooperation in the field of intellectual OFFICE (EUIPO) under the CarIPI project: property. The carIPI project will run initially for four years from 1st November 2019. Several training sessions have • Companies Act taken place thus far. • Business Names Act Technical Projects • Patents Act • DigiGov Project • Geographical Indications The Government of Saint Lucia has embarked upon the • Copyright automation of its services to streamline procedures and Projects improve the overall doing business climate in Saint Lucia. The Registry is one of the agencies where the project Capacity Building Projects will be implemented to provide users online access to • CarIPI Project ROCIP’s registration, search and e-filing services. The CarIPI is an international cooperation project funded digiGov service is due to go live in the first half of by the European Union (11th European Development 2021. ROCIP management and staff are excited about Fund) and implemented by the European Union this project.
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INTELLECTUAL PROPERTY – A CROSS-CUTTING ECONOMIC POWER TOOL By Desma Charles, Registrar
Intellectual Property (IP) assets are increasingly becoming IP and Commerce/ Business the driving machinery for sustainable economic growth and Intellectual Property is critical for helping businesses wealth creation. Nonetheless, the power tool has not yet become more competitive and manage IP related been embraced fully or utilized to its optimum potential, risks. The IP system, helps to do this by: (1) protecting particularly in the developing world. The concept of IP innovative products and services; (2) increasing the validity, encompasses various forms of intangible property that attractiveness and value of your product on the market; (3) correlate to produce a holistic powerful economic tool. distinguishing your business information and knowledge; Intellectual Property is a term that describes the ideas, (4) accessing technical and business information; and inventions, literary and artistic works, music, designs, symbols, (5) avoiding the risk of unknowingly using third party names and images used in commerce that are intangible proprietary content or inadvertently losing your own when first created but become valuable in tangible form valuable information, innovations or creative output. as products. The word “property” is used to describe this Intellectual Property are important (whether collectively value, because it applies to these intangible assets for which or individually) to businesses as they are intangible assets a person or group of persons claims ownership. that can be financially exploited because like physical property, they can be sold or licensed. Even businesses IP is protected by law by, for example, patents (for possess such assets whether they are aware of it or not. It inventions), trademarks (for names and symbols), copyright is important for any business to understand the economic (for literary and artistic works) and industrial designs (for value of its IP assets by conducting an IP valuation to get the aesthetic aspect of packaging of goods). These enable an idea of the worth of the assets in order to determine people to earn recognition or financially benefit from what various prospective transactions such as licensing, sale, they invent or create. By striking the right balance between donation of IP rights or entering into joint ventures and the interest of innovators and the wider public interest, the other collaborative arrangements. IP rights do not only IP system aims to foster an environment in which creativity protect innovation but they nurture a company’s brand. and innovation can flourish. Further, IP plays an important role in the world of The use of the IP system stimulates innovation and spurs E-commerce. IP laws protect against disclosure of trade sustainable and widespread economic growth across and secrets and as a result, against unfair competition. That within industries. makes the intellectual property an asset that is perhaps worth more than any tangible asset. This can be seen IP and Trade most clearly in relation to technology and the digital The Agreement on Trade-Related Aspects of economy. The development of the World Wide Web Intellectual Property Rights (TRIPS) is an international has significantly led to the evolution of the Internet legal agreement between all the member states of from a mere technological infrastructure to a network the World Trade Organization (WTO). It is the most linking people, and ultimately to the fore runner of the comprehensive multilateral agreement on intellectual Information and Digital Age, which now plays a major role property and plays a central role in facilitating trade in the Economy. To illustrate, the September 2018 issue in knowledge and creativity, in resolving trade disputes of the WIPO Magazine published the Article, “Intellectual over IP, and in assuring WTO members the latitude to Property and e-commerce: Alibaba’s perspective”. The achieve their domestic policy objectives. It frames the IP Article highlights the success of a Chinese e-commerce system in terms of innovation, technology transfer and company, Alibaba, which commenced business in 1995, two public welfare. The Agreement is a legal recognition of tears after e-commerce emerged in China. Three years the significance of links between IP and trade and the after that, in 1998, the first e-commerce transaction took need for a balance IP system. place. From these modest beginnings, the e-commerce
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INTELLECTUAL PROPERTY – A CROSS-CUTTING ECONOMIC POWER TOOL landscape in China has evolved beyond recognition. In that Businesses closely linked to the tourism sector may also use process, it has transitioned from mirroring the practices of their agricultural products to gain wide name recognition Western economies to developing its own model which through the use of the Geographical Indications (GI) embraces globalization. system (a system which provides protection to products that emanate from a certain geographical region and have The protection of IP Rights (IPRs) in today’s innovation- driven and increasingly knowledge-based global economy certain characteristics linked to that region). This can give is an important consideration for policy makers and rise to a fast-growing agri-tourism industry. There are businesses around the world. Looking to the future, many examples of such tourism in the wine industry, for scientific and technology developments promise to boost example, Napa Valley in California, USA, an interesting creativity, innovation, and business growth in the years example of leveraging the name “Napa Valley” and its link ahead. However, to achieve this, it is important that trade to quality wine and food to create a brand that would barriers are minimized and global trade rules are adopted. appeal to customers who would discover in themselves an appreciation of premium food and wine through the To borrow from the sentiments expressed by World tourism industry. Intellectual Property Organization (WIPO) Director General, Daren Tang, speaking as part of the 2021 World Apart from using the trademark and GI systems, tourism Intellectual Property Day celebrations under the theme, companies can also explore design rights and copyright “IP and SMEs: Taking your ideas to market”, “Whatever to create name recognition or protect their business’ help we can render to our SMEs, will be help that we competitive advantage. The owner of these rights may can render to the bedrock of our economy and the also use these rights to create additional revenue streams backbone of the global economy. Ultimately, it will help by giving interested third parties the right to use these our world to build back better,” after the COVID-19 rights which include franchising and merchandising. These pandemic, he said. are at the core of a sustainable and growing practice in the tourism sector. IP and Tourism Saint Lucia is well-poised to derive significant economic The IP system can contribute significantly if you own a benefits from the IP system through its tourism product. hotel or restaurant, run a car rental business, manage a In furtherance of the “Destination Saint Lucia” Product travel agency, are a tour guide, or any such businesses initiative developed by local tourism authorities, Saint Lucia that provide services to tourists. The IPRs such as patents, is encouraged to leverage the IPRs that are manifested trademarks, designs, copyrights and trade secrets assist in: from the island’s natural beauty and cultural heritage. IP and Culture/Creative Industries • creating a distinctive identity in the market • protecting your creative advantage, or A growing number of studies have recently demonstrated the impressive contribution of creative enterprises to • adding a revenue stream that would otherwise have not economic growth, jobs and wealth creation. Many people been possible. are moving towards making a living in the creative industries, Communities and countries may rely on the IP system to for one reason or another. This may mean different things create a unique identity. Recent efforts to brand places also for different people. For some, it represents an ideal of known as “Destination branding” is an example of efforts creative freedom, for others a business strategy. Whatever by cities and regions to create a distinctive appeal that will creative industry, role or motivation one may gravitate resonate among visitors and they have done so by relying to – music, film, video game, publishing, advertising, design on a trademark whether by virtue of a registered logo arts, fashion, photography, architecture, performing or tagline. Typical examples of destination brands include arts or visual arts – IP is crucial. The Enterprises within I NY which has succeeded in capturing the hearts and these industries which are professionally involved in the minds of millions who see New York through this logo as creation, production and distribution of creative goods a vivacious, lively and dynamic city with something for all. and services, need to recognize that they make up an
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INTELLECTUAL PROPERTY – A CROSS-CUTTING ECONOMIC POWER TOOL integral component of the vibrant creative economy. Well- contribute to the distinct identity of events and their gear; established creative industries often rely on various forms Copyright-related rights generate the revenues needed of IP to boost their income streams. for broadcasters to invest in the costly undertaking of broadcasting sports events to fans all over the world. Creative industries can also help boost economies and IP rights are the basis of licensing and merchandising development. This is the main message of the Special agreements that earn revenues to support development Edition of the United Nations Creative Economy Report of the sports industry. 2013, “Widening local development pathways” which confirms the creative economy as one of the most rapidly IP lies at the heart of great commercial opportunities growing sectors of the world economy and a highly offered by the world of sport. IP Rights, in particular transformative one in terms of income generation, job patents, trademarks and broadcasting rights, and the creation and export earnings. legal protection they afford, help to secure the economic value of sport. This in turn stimulates growth of the sports “The creative economy and its industries are strategic industry, enable sporting organizations to finance high- sectors that if nurtured can boost competitiveness, profile sports events, and provides the means to promote productivity, sustainable growth, employment and sports development. Business transactions related to exports potential,” United Nations Conference on Trade sponsorship, merchandising, broadcasting and media deals and Development (UNCTAD’s) international trade and are all built on IP Rights. The sports industry has a growing commodities director, Pamela Coke-Hamilton, said. impact on the world economy, creating jobs, investing in WIPO has undertaken activities to support countries in public infrastructure and mobilizing resources. the collection of evidence on the economic performance Sports personalities are able to generate significant earnings of the copyright industries and on establishing the impact both from leveraging their own brand as elite athletes that copyright has had on them. The Organization of the and from sponsorship deals with various brand owners. Eastern Caribbean States (OECS) benefited from these Sporting celebrities can register themselves as trademarks, studies. In 2012, a study was commissioned by WIPO to not only their own name but also nicknames, poses, slogans, Dr. Vanus James, Economist, to measure the contribution signatures, or other insignia for which they are well known. to GDP and employment in OECS countries. The study We do not have to look very far for successful examples revealed that these industries are major contributors in of the use of IP in sport. Usain Bolt’s “Lightning Bolt” pose terms of their relative aggregate value added to a country’s and his “to di world” slogan are registered trademarks. GDP, as well as being major contributors to employment Even without a registered trademark, however, celebrity and foreign trade. With respect to Saint Lucia, the study athletes have “image (or personality) rights” to prevent showed that Saint Lucia has a very strong improving trend unauthorized use of their name, likeness or other personal in the share of copyright in GDP, up to 8% of output and attributes. Sports personalities and celebrities in Saint Lucia 4.4% of jobs in 2010. can take a page from this success story. We have our Saint Lucia is, therefore, encouraged to grow its rich music very own Daren Sammy, Levern Spencer, Jenelle Scheper industry particularly, the “Dennery Segment” product, and Kimani Melius, to name a few, with the potential to the film industry and other promising copyright-based accomplish such prestige and derive significant earnings. industries on island. The strategic use of IP rights has significant potential, which can lead to economic development in many ways. IP rights IP and Sport can productively enhance a country’s reputation. Staging sports events at both national and international levels Innovation and creativity play a significant role in the can enrich the social and cultural fabric of all countries. world of sport. Sport shows IP in action. For example, All countries should integrate intellectual property and Patents encourage technological advances that result in sports-related objectives into their nation’s development better sports equipment; Trademarks, brands and designs strategies to drive social and economic progress.
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INTELLECTUAL PROPERTY – A CROSS-CUTTING ECONOMIC POWER TOOL
IP and Agriculture patents and copyrights, are important means used by firms The relationship between IP and small-scale farmers is to help protect their investments in innovation. They are not clear-cut. The majority of innovation in agriculture legal instruments that have been used by governments is not driven by the promise of exclusionary rights that for centuries to encourage industrial development and some IP tools afford – it takes place on the farm and is a economic growth. collaborative and incremental process, the outcomes of which cannot be attributed to individual rights holders. IP and Health However, some IP tools – when carefully selected and In the context of health care, the concept relates to adapted to suit domestic circumstances – may have the topics such as the use of generic medicines, specifically potential to help drive small-scale farmer innovation, how companies can market and sell these products within or minimally, allow the space for it to occur without specific geographic regions. Intellectual property rights impediment. and the laws that govern them are important both to the New plant varieties that are adapted to the environment control of standards and access to medicines, but also as in which they are grown increase the choice of healthy, an incentive for the development of new pharmaceuticals tasty and nutritious food while generating a viable income and health care products. for farmers. New varieties also support the development There has been great debate in recent years about the of urban agriculture and the growing of ornamental plants, issue of intellectual property protection relating to access shrubs and trees that contribute to improving lives of to generic medicines. This is particularly the case in areas people in the expanding urban environment. where drug development is needed to treat a disease Successful plant breeding requires great skill and endemic to the region, but where the market is not large knowledge in a process that can take up to 15 years to enough to support the costs of research. The balance introduce a new plant variety to market. Not all new plant needed between access and profit are at the heart of varieties are successful, even though the best prospects these debates and continue through discussions of free are selected from thousands of individuals during the trade and regulation. breeding process. Sustained and long-term breeding efforts are only worthwhile if there is a chance to be IP and Sustainable Development rewarded for the investment made, which is why plant From a broad sustainable development perspective, variety protection (PVP) is an important system for plant IP might relate to a number of aspects of a country’s breeders. The UPOV system was specifically created to social and economic development. Its impact can be felt address the particular needs of plant breeders and is well in industrial, health, education, nutrition, biodiversity and suited to SMEs. The effectiveness of the UPOV system cultural policies. The WTO’s Agreement on Trade-related of plant variety protection has generated great diversity Aspects of Intellectual Property Rights plays a pivotal role in plant breeding. The overwhelming majority of plant in transforming the landscape of IP relations so that issues breeders using PVP are SMEs covering individuals, farmers, related to access to knowledge, access to health and the researchers, public institutes and private companies. relationship between the international IP architecture and the protection of biodiversity and traditional (TK) are IP and Science and Technology adequately addressed. The scope of science and technology is wide, and a most fundamental and valuable part of the core is IP Rights. Conclusion We live today in a world in which the economic health Governments around the world are looking for ways of nations and the competitiveness of firms is determined to improve their economies, help their citizens and largely by the ability to develop, commercialize, and most build national capabilities in many areas of technology, importantly, to capture the economic benefits from information and culture. Private-sector companies and scientific and technological innovations. IP Rights such as industries likewise are looking for ever-more competitive
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INTELLECTUAL PROPERTY – A CROSS-CUTTING ECONOMIC POWER TOOL ways to success, by developing and incorporating creative References and useful innovations into products and services that we all • https://www.wipo.int/portal/en/index.html benefit from and enjoy in virtually every area of life. Sectors • https://www.wipo.int/wipo_magazine/en/2018/si/ that rely on IPRs represent a significant part of developed article_0006.html and developing countries, in terms of GDP, employment, tax revenues and strategic importance. IPRs also promote • https://www.wipo.int/edocs/pubdocs/en/ foreign direct investment (FDI) and technology transfers intproperty/888/wipo_pub_888.pdf in developed and developing countries. • https://www.wto.org/english/tratop_e/trips_e/trips_e. htm Additionally, Intellectual Property protection promotes innovation, helps firms monetize their innovations and • https://www.wipo.int/export/sites/www/copyright/en/ grow, helps small and medium enterprises and benefits performance/pdf/econ_contribution_cr_oecs.pdf consumers and society. • https://www.wipo.int/ip-sport/en/ Economic theory demonstrates that IPRs could play • http://www.unesco.org/new/en/media-services/ either a positive or negative role in fostering growth and in-focus-articles/creative-industries-boost- development. The limited evidence available suggests that economies-and-development-shows-un- the relationship is positive but dependent on other factors report/#:~:text=Creative%20industries%20boost%20 that help promote benefits from intellectual property economies%20and%20development%2C%20s- protection. hows%20UN%20Report,-%C2%A9%20UNESCO %2FInternational&text=World%20trade%20of%20 Accordingly, modern IPRs systems are not sufficient by creative%20goods,doubled%20from%202002%20 themselves to encourage effective technology transition. to%202011*.&text=Between%202002%20and%20 Instead, they must form part of a coherent and broad set 2011%2C%20developing,in%20exports%20of%20 of complementary policies that maximize the potential creative%20goods. for IPRs to raise dynamic competition. Such policies include strengthening human capital and skill acquisition, • https://www.linkedin.com/pulse/intellectual-properties- promoting flexibility in enterprise organization, ensuring a e-commerce-navin-kumar-jaggi strong degree of competition on domestic markets, and • https://www.thebalancesmb.com/intellectual-property- developing a transparent, non-discriminatory, and effective in-ecommerce-your-greatest-asset-1141708 competition regime. • http://www.legalservicesindia.com/article/2550/ IP is a cross-cutting power tool with diverse economic Economic-Benefits-of-Intellectual-Property-Rights. force. It is important for industries to maximize their full html#:~:text=Intellectual%20property%20rights%20 IP potential and for all IP players, both public and private, could%20play,of%20foreign%20products%20and%20 to collaborate in efforts to achieve real and sustainable technologies. economic prosperity. • https://iccwbo.org/publication/intellectual-property- powerhouse-for-innovation-and-economic-growth/ • https://www.wipo.int/ip-outreach/en/ipday/2021/toptips/ upov.html • https://www.nap.edu/read/2054/chapter/3 • https://www.who.int/health-topics/intellectual- property#tab=tab_1 • https://www.cepal.org/en/publications/3591-intellectual- property-rights-and-sustainable-development-survey- major-issues
Attornery General’s ChambersANNUAL Annual REPORT Report 2019 2020 | 47| 47 www.attorneygeneralchambers.com | [email protected] | [email protected] APPENDIX I REVISED EDITION OF LAWS In 2020 the Revised Edition of the Laws were extended to include the 2017 supplement of laws. As a result, the Revised Edition of the Laws contains the laws enacted in 2016 and 2017. The laws included in the Revision are: Act with chapter number in the Revision Inserted Act Inserted Statutory Instrument Accreditation Act, Cap. 18.11 Accreditation Act, No. 9 of 2017
Agreement Establishing the Caribbean Agreement Establishing the Accreditation Authority for Education in Caribbean Accreditation Medicine and Other Health Professionals Authority for Education in Act, Cap. 18.10 Medicine and Other Health Professionals Act, No. 6 of 2017
Airport Development Act, Cap. 15.40 Airport Development Act, No. Airport Development (Amendment of 14 of 2017 Schedule) Order, No. 90 of 2016
Aliens (Licensing) Act, Cap. 15.37 Aliens (Licensing) (Exemption) (BDSL Limited) Order, No. 103 of 2016 Aliens (Licensing) (Exemption) (GP Group (St. Lucia) Limited) Order, No. 13 of 2017 Aliens (Licensing) (Exemption) (St. Lucia Distillers Limited) Order, No. 57 of 2017
Automatic Exchange of Financial Account Automatic Exchange of Financial Automatic Exchange of Financial Account Information Act, Cap. 12.27 Account Information Act, No. 22 Information (Amendment of Schedule 2) of 2016 Order, No. 105 of 2017 Automatic Exchange of Automatic Exchange of Financial Account Financial Account Information Information (Designation of an Excluded (Amendment) Act, No. 10 of Account) Order, 2017 No. 106 of 2017 Automatic Exchange of Financial Account Information (Designation of Non-Reporting Financial Institution) Order, No. 107 of 2017 Automatic Exchange of Financial Account Information (Designation of an Excluded Account) Order, No. 119 of 2017
Burial and Cremation Act, Cap. 11.11 Burial and Cremation Act, No. 11 of 2016
Citizenship by Investment Act, Cap. 1.20 Citizenship by Investment (Amendment) Regulations, No. 3 of 2016 Citizenship by Investment (Amendment) Regulations, No. 105 of 2016
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Act with chapter number in the Revision Inserted Act Inserted Statutory Instrument Citizenship by Investment (Amendment) Regulations, No. 1 of 2017
Clinical Trials Act, Cap. 11.23 Clinical Trials Act, No. 10 of 2016
Code of Civil Procedure, Cap. 243 of the Code of Civil Procedure Revised Edition of the Laws 1957 (Amendment) Act, No. 21 of 2016
Companies Act, Cap. 13.01 Companies (Amendment) Act, Companies (Amendment) Regulations, No. 6 of 2016 No. 33 of 2016 Companies (Amendment) (No. 2) Regulations, No. 87 of 2016
Constitution of Saint Lucia, Cap. 1.01 Public Service Commission (Disciplinary Proceedings) Regulations, No. 37 of 2017
Consumer Protection Act, Consumer Protection Act, Cap. 13.24 No. 9 of 2016
Crown Lands Act, Cap. 5.02 Crown Lands (Allotment to Saint Lucia National Trust) (National Museum) (Amendment) Order, No. 57 of 2016 Crown Lands (Disposal) Regulations, No. 75 of 2016
Crown Proceedings Act, Cap. 2.05 Crown Proceedings (Amendment) Act, No. 4 of 2017
Distribution and Price of Goods Act, Cap. Distribution and Price of Goods 13.09 (Amendment) Act, No. 23 of 2016
District Court Act, Cap. 2.02 District Court (Tariff of Costs) Rules, No. 28 of 2017
Eastern Caribbean Asset Management Eastern Caribbean Asset Eastern Caribbean Asset Management Corporation Act, Cap. 19.25 Management Corporation Act, Corporation Act (Commencement) Order, No. 8 of 2016 No. 27 of 2017
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Act with chapter number in the Revision Inserted Act Inserted Statutory Instrument Eastern Caribbean Central Bank Eastern Caribbean Central Bank Agreement Agreement Act, (Amendment of Schedule) Order, No. 16 of Cap. 19.07 2017
Eastern Caribbean Partial Credit Eastern Caribbean Partial Guarantee Corporation Agreement Act, Credit Guarantee Corporation Cap. 13.31 Agreement Act, No. 7 of 2017
Elections Act, Elections (Amendment) Act, Elections (Extension of Time) Order, Cap. 1.02 No. 13 of 2016 No. 54 of 2016 Elections (Amendment) Act, Elections (Election Petition) Rules, No. 63 of No. 1 of 2017 2016
Electricity Supply Act, Electricity Supply (Amendment) Cap. 9.02 Act, No. 2 of 2016
Extradition Act, Extradition (Designation of Commonwealth Cap. 2.10 Countries) Order, No. 31 of 2017
Financial Services Regulatory Authority Financial Services Regulatory Act, Authority (Amendment) Act, Cap. 12.23 No. 7 of 2016
Fisheries Act, Fisheries (Amendment) Regulations, Cap. 7.15 No. 90 of 2017
Income Tax Act, Income Tax (Amendment) Act, Cap. 15.02 No. 12 of 2017
Inter-Governmental Agreement (Saint Inter-Governmental Agreement Lucia and the United States of America) (Saint Lucia and the United States Act, Cap. 19.26 of America) Act, No. 19 of 2016
International Business Companies Act, International Business Companies International Business Companies (Shayne Cap. 12.14 (Amendment) Act, Felicien) (Special Tax Concession) Order, No. 17 of 2016 No. 92 of 2016 International Business Companies International Business Companies (Amendment) (No. 2) Act, (Amendment) Regulations, No. 25 of 2016 No. 8 of 2017 International Business Companies International Business Companies (Amendment) Act, (Declaration of Head Office Company) No. 3 of 2017 (Digicel Caribbean Limited) Order, No. 82 of 2017
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Act with chapter number in the Revision Inserted Act Inserted Statutory Instrument International Partnership Act, Cap. 12.21 International Partnership International Partnership (Forms and Fees) (Amendment) Act, (Amendment) Regulations, No. 15 of 2016 No. 9 of 2017 International Partnership (Amendment) (No. 2) Act, No. 24 of 2016
International Trust Act, Cap. 12.19 International Trust (Amendment) Act, No. 16 of 2016
Invest Saint Lucia Act, Cap. 15.24 Invest Saint Lucia (Amendment) Invest Saint Lucia (Laborie) Vesting Order, Act, No. 25 of 2016 No. 13 of 2017 Invest Saint Lucia (St. Urbain – Vieux-Fort) (National Monument) Vesting Order, No. 82 of 2016 Invest Saint Lucia (Laborie and Vieux-Fort) Vesting Order, No. 77 of 2017 Invest Saint Lucia (Laborie) Vesting Order, No. 79 of 2017 Invest Saint Lucia (Derriere Morne, Vieux Fort) Vesting Order, No. 95 of 2017 Invest Saint Lucia (Pomme, Augier, Vieux Fort) Vesting Order, No. 96 of 2017 Invest Saint Lucia (Aux Piquant, Vieux Fort) Vesting Order, No. 123 of 2017
Land and House Tax Act, Land and House Tax Cap. 15.13 (Amendment) Act, No. 11 of 2017
Legal Profession Act, Cap. 2.04 Legal Profession (Eligibility) (Geoffrey Ronald Robertson Q.C.) Order, No. 47 of 2016
Legal Profession (Eligibility) (David Reynolds) Order, No. 48 of 2016
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Act with chapter number in the Revision Inserted Act Inserted Statutory Instrument Legal Profession (Eligibility) (Ann-Alicia Natalie Fagun) Order, No. 49 of 2016 Legal Profession (Eligibility) (Terry-Ann Natasha Moe) Order, No. 76 of 2016 Legal Profession (Eligibility) (Lalita Anuradha L. Vaswani) Order, No. 93 of 2016 Legal Profession (Eligibility) (Daniella Sereta Chambers) Order, No. 95 of 2016 Legal Profession (Eligibility) (Jodi-Ann Kimberley Stephenson) Order, No. 111 of 2016 Legal Profession (Eligibility) (Vestricia Keisha Llwellyn) Order, No. 3 of 2017 Legal Profession (Eligibility) (Nadia Nicole Evette Alleyne) Order, No. 32 of 2017 Legal Profession (Eligibility) (Rowanda-Kay Althea Gillian Campbell) Order, No. 33 of 2017 Legal Profession (Eligibility) (Sherene Stephanie Francis) Order, No. 52 of 2017 Legal Profession (Eligibility) (Vilette Gisela Benjamin) Order, No. 53 of 2017 Legal Profession (Eligibility) (Lorie Neto Christina Yarde) Order, No. 61 of 2017 Legal Profession (Eligibility) (Lashona Raphae’ LaToshowia Andrews) Order, No. 68 of 2017 Legal Profession (Eligibility) (Algernon Gilbert Russell Drummond Kodilinye) Order, No. 81 of 2017 Legal Profession (Eligibility) (André Charles McKenzie) Order, No. 117 of 2017 Legal Profession (Eligibility) Shaunita Akira Jordan) Order, No. 118 of 2017
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Act with chapter number in the Revision Inserted Act Inserted Statutory Instrument Metrology Act, Metrology (System of Units) Order, No. 7 of Cap. 13.18 2016 Metrology (System of Units) (No. 2) Order, No. 34 of 2016
Money Laundering (Prevention) Act, Cap. Money Laundering (Prevention) 12.20 (Amendment) Act, No. 20 of 2016 Money Services Business Act, Money Services Business Cap. 12.22 (Amendment) Act, No. 1 of 2016
Motor Vehicles and Road Traffic Act, Cap. Motor Vehicles and Road Traffic (Designation 8.01 of Inspectors) Order, No. 6 of 2016 Motor Vehicles and Road Traffic (Fees) (Amendment) Regulations, No. 81 of 2016 Motor Vehicles and Road Traffic (Designation of Inspectors) Order, No. 14 of 2017 Motor Vehicles and Road Traffic (Public Omnibus Fares) (Amendment) Regulations, No. 126 of 2017
National Community Foundation Act, National Community Foundation Cap. 17.16 (Amendment) Act, No. 4 of 2016
National Utilities Regulatory Commission National Utilities Regulatory Act, Cap. 9.01 Commission Act, No. 3 of 2016
Non-Governmental Organizations Act, Non-Governmental Organizations Act Cap. 13.33 (Commencement) Order, No. 131 of 2017
Plan of Arrangement (BAICO) Act, Plan of Arrangement (BAICO) Plan of Arrangement (BAICO) Act Cap. 12.28 Act, No. 2 of 2017 (Commencement) Order, No. 55 of 2017
Protective Services (Compensation) Act, Protective Services (Award of Compensation) Cap. 14.03 Regulations, No. 61 of 2017
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Saint Lucia Air and Sea Ports Authority Airport (Service Charge) (Amendment) Act, Cap. 8.13 Regulations, No. 89 of 2016 Airport (Service Charge) (Amendment) Regulations, No. 137 of 2017
Saint Lucia National Housing Corporation Saint Lucia National Housing Corporation (La Act, Cap. 5.11 Ressource, Vieux Fort) Vesting Order, No. 38 of 2017 Saint Lucia National Housing Corporation (La Ressource, Vieux Fort) (No. 2) Vesting Order, No. 39 of 2017 Saint Lucia National Housing Corporation (Doe Carmel, Vieux-Fort) Vesting Order, No. 102 of 2017
Saint Lucia Tourism Authority Act, Cap. Saint Lucia Tourism Authority Act, 15.32 No. 8 of 2017
Shipping Act, Shipping (Amendment) Act, Shipping (Tonnage) Regulations, Cap. 13.27 No. 14 of 2016 No. 9 of 2016 Shipping (Inquiry and Formal Investigation) Regulations, No. 69 of 2016 Shipping (Medical Fitness) Regulations, No. 70 of 2016
Special Development Areas Act, Cap. Special Development Areas (Amendment of 15.29 Schedule 1) Order, No. 71 Special Development Areas (Amendment of Schedule 1) Order, No. 78 of 2017
Supreme Court Act, Cap. 2.01 Supreme Court (Amendment) Order, No. 1 of 2016 Supreme Court (Masters) (Amendment) Order, No. 2 of 2016 Eastern Caribbean Supreme Court (Sittings of the Court) (Amendment) Rules, No. 29 of 2017 Eastern Caribbean Supreme Court (Court Proceedings Fees) (Saint Lucia) Rules, No. 103 of 2017
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Act with chapter number in the Revision Inserted Act Inserted Statutory Instrument Eastern Caribbean Supreme Court (Non- Contentious Probate and Administration of Estates) Rules, No. 104 of 2017 Eastern Caribbean Supreme Court (Court Proceedings Fees) (Saint Lucia) (Amendment) Rules, No. 120 of 2017
Telecommunications Act, Cap. 8.11 Telecommunications (Gogo LLC) Exemption) Order, No. 96 of 2016
Tourism Stimulus and Investment Act, Cap. Tourism Stimulus and Investment 15.03 (Amendment) Act, No. 12 of 2016
Tourist (Duty-Free Shopping System) Act, Tourist (Duty-Free Shopping System) (Bay Cap. 15.31 Gardens Beach Resort) Order, No. 72 of 2016 Tourist (Duty-Free Shopping System) (Authentic Saint Lucian) (ASL) Ltd.) Order, No. 5 of 2017 Tourist (Duty-Free Shopping System) (A.F. Valmont and Company Limited) Order, No. 6 of 2017 Tourist (Duty-Free Shopping System) (Royalton Saint Lucia) Order, No. 51 of 2017 Tourist (Duty-Free Shopping System) (Cox Building) Order, No. 91 of 2017 Tourist (Duty-Free Shopping System) (Block and Parcel Number 0031C 482) Order, No. 92 of 2017
Trade Export Promotion Agency Act, Cap. Trade Export Promotion Agency 13.32 (Appointment of the National Export Council) Order, No. 81 of 2016 Trade Export Promotion Agency (Appointment of the National Export Council) (Amendment) Order, No. 12 of 2017
Value Added Tax Act, Cap. 15.42 Value Added Tax (Amendment) Value Added Tax (Amendment of Rate) Act, Order, No. 5 of 2016 No. 101 of 2016
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Act with chapter number in the Revision Inserted Act Inserted Statutory Instrument Value Added Tax (Amendment of Schedule 3) Order, No. 102 of 2016 Value Added Tax (Amendment) Regulations, No. 56 of 2017 Value Added Tax (Amendment of Schedule 3) Order, No. 74 of 2017 Value Added Tax (Amendment of Schedule 3) Order, No. 121 of 2017 Value Added Tax (Deferred Payment of Value Added Tax for Importation of Capital Goods and Raw Materials) Regulations, No. 127 of 2017
Waste Management Act, Cap. 6.05 Waste Management (Fees) Regulations, No. 53 of 2016
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