Protocol Amending the Treaty
Establishing the Caribbean Community
Protocol II : Establishment, Services, Capital
Final Update approved by Mr. Duke Pollard for Signature in Montego Bay, Jamaica in July 1997 Done 24 June 1997
The States Parties
to the Treaty Establishing the Caribbean Community
(hereinafter referred to as " the Member
States"):
Recalling the
Declaration of Grand Anse and other decisions of the
Conference of Heads of Government of the Caribbean
Community expressing their commitment to the deepening of
the regional economic integration process;
Conscious of the
need to promote in the Caribbean Community the highest
level of efficiency in the production of goods and
services especially with a view to maximising foreign
exchange earnngs on the basis of international
competitiveness, attaining food security, achieving
structural diversification and improving the standard of
living of their peoples;
Recognising that
optimal production by economic enterprises in the
Community requires the structured integration of
production in the Region, and particularly the
unrestricted movement of capital, labour and technology;
Determined to
establish conditions which would facilitate access by
their nationals to the collective resources of the Region
on a non-discriminatory basis;
Desirous of
achieving sustained expansion and continuing integration
of economic activities, the benefits of which shall be
equitably shared taking into account the need to provide
special opportunities for disadvantaged countries;
Conscious of the
special needs and circumstances of the Less Developed
Countries;
Have Agreed as
follows:
ARTICLE I: Use of Terms
In this Protocol unless
the context otherwise requires:
"Community"
includes the Caribbean Single Market and Economy to
be established by the Protocols amending or replacing
the Caribbean Common Market Annex to the Treaty;
"The
Community Council of Ministers" means the
organ of the Community so named in Article 8(1) of
the Treaty, (hereinafter referred to as "the
Community Council");
"Conference"
means the Conference of Heads of Government of the
Community;
"The
Committee of Central Bank Governors" means
the Body of the Community so named in Article 10(3)
of the Treaty;
"The Council
for Finance and Planning" means the organ of
the Community so named in Article 6(2)(d) of the
Treaty ;
"The Council
for Human and Social Development" means the
organ of the Community so named in Article 6(2)(c) of
the Treaty ;
"The Council
for Trade and Economic Development" means
the organ of the Community so named in Article
6(2)(a) of the Treaty ;
"Member
State" means a Member State of the
Community;
"Treaty"
means the Treaty establishing the Caribbean Community
signed at Chaguaramas on the 4th day of July 1973 and
includes any amendments thereto which take effect
either provisionally or definitively (hereinafter
referred to as "the Treaty").
ARTICLE II: AmendmentI
The provisions of this
Protocol shall replace Articles 28, 35, 36, 37, 38 and 43
of the Caribbean Common Market Annex to the Treaty and
take effect as hereinafter provided.
ARTICLE III
Replace the title to
Chapter
V of the Caribbean Common Market Annex with the
following:
CHAPTER V
Rights of
Establishment, Provision of Services
and Movement of
Capital
ARTICLE IV
Replace Article 35 of the
Caribbean Common Market Annex with the following:
ARTICLE 35
Scope of Application
- Save as otherwise
provided in this Article and Article 35a, the provisions
of this Chapter shall apply to the right of
establishment, the right to provide services and the
right to move capital in the Community.
- Activities in a Member
State involving the exercise of governmental authority
shall, in so far as that Member State is concerned, be
excluded from the operation of this Chapter.
- For the purposes of
this Chapter, "activities involving the exercise of
governmental authority" means activities conducted
neither on a commercial basis nor in competition with one
or more economic enterprises, and includes:
- activities
conducted by a central bank or monetary authority or any
other public entity, in pursuit of monetary or exchange
rate policies;
- activities forming
part of a statutory system of social security or public
retirement plans;
- activities forming
part of a system of national security or for the
establishment or maintenance of public order; and
- other activities
conducted by a public entity for the account of or with
the guarantee or using financial resources of the
government.
ARTICLE 35a
Treatment of
Monopolies
- Member States may
determine that the public interest requires the exclusion
or restriction of the right of establishment in any
industry or in a particular sector of an industry.
- Where such a
determination has been made:
- if the
determination results in the continuation or
establishment of a government monopoly, the
Member State shall adopt appropriate measures to
ensure that the monopoly does not discriminate
between nationals of Member States, save as
otherwise provided in this Treaty, and is subject
to the agreed rules of competition established
for Community economic enterprises;
- if the
determination results in the establishment of a
private sector monopoly, the Member State shall,
subject to the provisions of this Treaty, adopt
appropriate measures to ensure that national
treatment is accorded to nationals of other
Member States in terms of participating in its
operations.
ARTICLE 35b
Prohibition of New
Restrictions on the Right of Establishment
- Upon the entry
into force of this Protocol, Member States shall not
introduce in their territories any new restrictions
relating to the right of establishment of nationals of
other Member States save as otherwise provided in this
Treaty.
- Upon the entry into
force of this Protocol, Member States shall notify the
Council for Trade and Economic Development of existing
restrictions on the right of establishment in respect of
nationals of other Member States.
- (1) The right of
establishment within the meaning of this Chapter shall
include the right to:
- engage in any
non-wage-earning activities of a commercial,
industrial, professional or artisanal nature;
- create and
manage economic enterprises referred to in
paragraph 5
- of this Article.
- For the purposes of
this Chapter"non-wage earning activities" means
activities undertaken by self-employed persons.
- The Community Council
may, with the approval of the Conference and upon the
recommendation of the Council for Trade and Economic
Development or the Council for Finance and Planning, as
the case may be, enlarge the body of rights provided in
paragraph 3 of this Article. The competent Organ shall
establish basic criteria for Member States in order to
safeguard against manipulation or abuse of such rights so
as to gain an unfair advantage against other Member
States, for example, in the areas of nationality criteria
and in the operation of companies.
- For the purposes of this Chapter:
- a person
shall be regarded as a national of a Member State
if such person:
- is a
citizen of that State;
- has a
connection with that State of a kind
which entitles him to be regarded as
belonging to or, if it be so expressed,
as being a native or resident of the
State for the purposes of the laws
thereof relating to immigration; or
- is
a company or other legal entity
constituted in the Member State in
conformity with the laws thereof and
which that State regards as belonging to
it, provided that such company or other
legal entity has been formed for gainful
purposes and has its registered office
and central administration, and carries
on substantial activity, within the
Community and which is substantially
owned and effectively controlled by
persons mentioned in sub-paragraphs (i)
and (ii) of this paragraph.
- "economic enterprises" includes any
type of organisation for the production of or
trade in goods or the provision of services
(other than a non-profit organisation) owned or
controlled by any person or entity mentioned in
sub-paragraph (a) of this paragraph.
- a company or
other legal entity is:
- substantially owned if more than 50 per
cent of the equity interest therein is
beneficially owned by nationals mentioned
in sub-paragraph (a) (i) or (ii) of this
paragraph;
- effectively controlled if nationals
mentioned in sub-paragraph (a) of this
paragraph have the power to name a
majority of its directors or otherwise
legally to direct its actions.
ARTICLE 35c
Removal of
Restrictions on the Right of Establishment
- Subject to the
provisions of Article 38a and Article 38b, Member States
shall remove restrictions on the right of establishment
of nationals of a Member State in the territory of
another Member State.
- The removal of
restrictions on the right of establishment mentioned in
paragraph 1 of this Article shall also apply to
restrictions on the setting up of agencies, branches or
subsidiaries by nationals of a Member State in the
territory of another Member State.
- Subject to the
approval of the Conference, the Council for Trade and
Economic Development, in consultation with the Council on
Human and Social Development and the Council for Finance
and Planning, shall, within one year from the entry into
force of this Protocol, establish a programme providing
for the removal of restrictions on the right of
establishment of nationals of a Member State in the
territory of another Member State. The programme shall,
inter
alia:
- identify
the activities in respect of which the right of
establishment shall not apply;
- establish the
conditions under which the right of establishment
is to be achieved; and
(c) set out the
conditions, stages and time-frames for the
removal of restrictions on the right of
establishment.
- The Community Council
may authorise a Member State whose nationals have been
aggrieved by the violation of obligations set out in this
Article, Article 35b, Article 36 and Article 36a to take
such measures as may be provided for in this Treaty.
ARTICLE 35d
Management of Removal
of Restrictions on the Right of Establishment
In performing its
tasks set out in Article 35c, the Council for Trade and
Economic Development shall,
inter alia:
- accord
priority to the removal of restrictions on
activities in respect of which the right of
establishment encourages the development of:
- the
production or trade in goods;
- the provision
of services,
which generate
foreign exchange earnings;
- require
Member States to remove administrative practices
and procedures, the maintenance of which impede
the exercise of the right of establishment;
- require Member
States to remove all restrictions on the movement
of managerial, technical and supervisory staff of
economic enterprises and on establishing
agencies, branches and subsidiaries of companies
and other entities established in the Community;
(d) establish
measures to ensure the removal of restrictions on
the right of establishment in respect of
activities accorded priority treatment pursuant
to paragraph (a) of this Article as they relate
to:
- the establishment, in the territories of
Member States, of agencies, branches or
subsidiaries belonging to an economic
enterprise; and
- conditions governing the entry of
managerial, technical or supervisory
personnel employed in such agencies,
branches and subsidiaries, including the
spouses and immediate dependent family
members of such personnel;
- take
appropriate measures to ensure close
collaboration among competent national
authorities in order to improve their knowledge
of the particular situation regarding the
relevant activities within the Community;
- require
Member States to ensure that nationals of one
Member State may have access to land, buildings
and other property situated in the territory of
another Member State, other than for speculative
purposes or for a purpose potentially
destabilising to the economy, on a
non-discriminatory basis, bearing in mind the
importance of agriculture for many national
economies;
- ensure
concordance in Member States regarding the
protection afforded the interests of partners,
members and other persons with financial
interests in companies and other entities.
ARTICLE 35e
Acceptance of
Diplomas, Certificates, and other Evidence of
Qualifications
- The Council for Human
and Social Development, in consultation with the
competent Organ, shall establish common standards and
measures for accreditation or when necessary for the
mutual recognition of diplomas, certificates and other
evidence of qualifications of the nationals of Member
States in order to facilitate access to, and engagement
in, non-wage-earning activities in the Community.
- ember States shall
establish or employ, as the case may be, appropriate
mechanisms to establish common standards to determine
equivalency or accord accreditation to diplomas,
certificates and other evidence of qualifications secured
by nationals of other Member States.
- The Council for Human
and Social Development shall also establish measures for
the coordination of legislative and administrative
requirements of Member States for the conduct of
non-wage-earning activities in the Community.
ARTICLE V
Replace Article 36
of the Caribbean Common Market Annex with the following:
ARTICLE 36
Prohibition of New
Restrictions on the Provision of Services
- Upon the entry
into force of this Protocol, Member States shall not
introduce any new restrictions on the provision of
services in the Community by nationals of other Member
States except as otherwise provided in this Treaty.
- Without prejudice to
the provisions relating to the right of establishment,
persons providing services may, in order to provide such
services, temporarily engage in approved activities in
the Member State where the services are to be provided
under the same conditions enjoyed by nationals of that
Member State.
- Upon the entry into
force of this Protocol, Member States shall notify the
Council for Trade and Economic Development of existing
restrictions on the provision of services in respect of
nationals of other Member States.
- For the purposes of
this Chapter, "services" means services
provided against remuneration other than wages in any
approved sector and "the provision of services"
means the supply of services:
- from the
territory of one Member State into the territory
of another Member State;
- in the territory
of one Member State to the service consumer of
another Member State;
- by a service supplier
of one Member State through commercial presence
in the territory of another Member State; and
- by a service
supplier of one Member State through the presence
of natural persons of a Member State in the
territory of another Member State.
ARTICLE 36a
Removal of
Restrictions on the Provision of Services
- Subject to the
provisions of this Treaty, Member States shall remove
discriminatory restrictions on the provision of services
within the Community in respect of Community nationals.
- Subject to the approval
of the Conference, the Council for Trade and Economic
Development, in consultation with other competent Organs,
shall, within one year from the entry into force of this
Protocol, establish a programme for the removal of
restrictions on the provision of such services in the
Community by Community nationals.
- In establishing the
programme mentioned in paragraph 2 of this Article, the
Council for Trade and Economic Development shall:
- accord
priority to services which directly affect
production costs or facilitate the trade in goods
and services which generate foreign exchange
earnings;
- require Member
States to remove administrative practices and
procedures, the maintenance of which impede the
exercise of the right to provide services;
- establish measures to
ensure the removal of restrictions on the right
to provide services in respect of activities
accorded priority treatment in accordance with
sub-paragraph (a) of this paragraph, both in
terms of conditions for the provision of services
in the territories of Member States as well as
the conditions governing the entry of personnel,
including their spouses and immediate dependent
family members, for the provision of services;
- take
appropriate measures to ensure close
collaboration among competent national
authorities in order to improve their knowledge
of the conditions regarding relevant activities
within the Community, and
- require
Member States to ensure that nationals of one
Member State have on a non-discriminatory basis,
access to land, buildings and other property
situated in the territory of another Member State
for purposes directly related to the provision of
services, bearing in mind the importance of
agriculture for many national economies.
ARTICLE 36b Banking, Insurance and
Other Financial Services
- Subject to the
provisions of this Chapter, Member States shall remove
discriminatory restrictions in respect of Community
nationals, on banking, insurance and other financial
services.
- Subject to the
approval of the Conference, the Council for Finance and
Planning, in consultation with other competent Organs of
the Community, may exclude certain financial services
from the operation of the provisions of this Article.
ARTICLE VI
Replace Articles 37
and 43 of the Caribbean Common Market Annex with the
following:
ARTICLE 37
Prohibition of New
Restrictions on Movement of Capital and Current
Transactions
Upon the entry into
force of this Protocol, Member States shall not introduce
any new restrictions on the movement of capital and
payments connected with such movement and on current
payments and transfers, nor render more restrictive
existing regulations except as provided in Article 37c (bis)
and Article 38a.
ARTICLE 37a
Removal of
Restrictions on Movement of Capital and Current
Transactions
- After the entry into
force of this Protocol, Member States shall, in order to
ensure the proper functioning of the Single Market and
Economy, remove among themselves:
- restrictions on
the movement of capital payments;
- restrictions on
all current payments including payments for goods
and services and other current transfers.
-
The Council for
Finance and Planning shall, subject to the approval of
the Conference, establish in collaboration with the
Committee of Central Bank Governors a programme for the
removal of the restrictions mentioned in paragraph 1 of
this Article.
- For the purpose of
this Article, capital and related payments and transfers
include:
- equity and
portfolio investments;
- short-term bank and
credit transactions;
- payment of
interest on loans and amortization;
- dividends and
other income on investments after taxes;
- repatriation
of proceeds from the sale of assets; and
- other
transfers and payments relating to investment
flows.
ARTICLE 37b
Authorisation to
Facilitate Movement of Capital
- Upon entry into force
of this Protocol, Member States shall, where necessary
and subject to paragraph 2 of this Article, grant the
authorisations required for the movement of capital
mentioned in Article 37a on a non-discriminatory basis.
- A loan intended for
State purposes may require prior notification to the
State in which it is being issued or placed.
ARTICLE 37c
Coordination of
Foreign Exchange Policies and Exchange of Information
- Member States shall
take such measures as are necessary to coordinate their
foreign exchange policies in respect of the movement of
capital between them and third States.
- Member States shall
keep the competent authorities in other Member States
informed of significant unusual movements of capital
within their knowledge to and from third States.
ARTICLE VII
Replace Article 28
of the Caribbean Common Market Annex with the following:
ARTICLE 37c
(bis)
Restrictions to
Safeguard Balance-of-Payments
- In the event of
serious balance-of-payments and external financial
difficulties or threat thereof, a Member State may,
consistent with its international obligations and subject
to paragraph 5 of this Article, adopt or maintain
restrictions to address such difficulties.
- The restrictions which
may be adopted or maintained pursuant to paragraph 1 of
this Article may include quantitative restrictions on
imports, restrictions on the right of establishment,
restrictions on the right to provide services,
restrictions on the right to move capital or on payments
and transfers for transactions connected therewith.
However, such restrictions:
- shall,
subject to the provisions of this Treaty, not
discriminate among Member States or against
Member States in favour of third States;
- shall at all
times seek to minimise damage to the commercial,
economic or financial interests of any other
Member State;
- shall not exceed those
necessary to deal with the circumstances
described in paragraph 1 of this Article; and
- shall be
temporary but in any event not longer than a
period of eighteen (18) months and be phased out
progressively as the situation described in
paragraph 1 improves.
- In determining the
incidence of such restrictions, the Member State
concerned may accord priority to activities which are
essential to its economic stability. Such restrictions
shall not be adopted or maintained for the purpose of
protecting a particular sector in contravention of the
relevant provisions of this Treaty, due regard being paid
in either case to any special factors which may be
affecting the reserves of such Member State or its need
for reserves.
- Restrictions adopted
or maintained pursuant to paragraph 1 of this Article, or
any changes therein, shall be notified within three (3)
working days to the Council for Finance and Planning and
to the Council for Trade and Economic Development, and,
in any event, the Member State concerned shall
immediately consult with the competent Organ if and when
requested.
- The Council for
Finance and Planning shall establish procedures for
periodic consultations including, where possible and
desirable, prior consultations with the objective of
making recommendations to the Member State concerned for
the removal of the restrictions.
- The consultations
referred to in paragraph 5 of this Article shall:
- be designed to
assist the Member State concerned to overcome its
balance-of-payments and external financial
difficulties;
- assess the
balance-of-payments situation of the Member State
concerned and the restrictions adopted or
maintained under this Article, taking into
account, inter alia:
- the nature and extent of the
balance-of-payments and the external
financial difficulties;
- the external
economic and trading environment of the
Member State applying the restrictions;
and
-
alternative corrective measures which may
be available.
The consultations
shall address the compliance of any restrictions with
paragraph 2 of this Article and, in particular, the
progressive phase-out of restrictions in accordance with
paragraph 2(d).
In such consultations,
all findings of statistical and other facts presented by
the Committee of Central Bank Governors relating to
foreign exchange, monetary reserves and
balance-of-payments, shall be accepted and conclusions
shall be based on the assessment by the Committee of the
balance-of-payments and the external financial situation
of the Member State concerned.
ARTICLE VIII
ARTICLE 38
Non-Discrimination
- Within the scope of
application of this Treaty and without prejudice to any
special provisions contained therein, any discrimination
on grounds of nationality only shall be prohibited.
- The Community Council
shall, after consultation with the competent Organs,
establish rules to prohibit any such discrimination.
ARTICLE 38 (bis)
Measures to Facilitate
Establishment, Provision of Services and Movement of
Capital
- In order to facilitate
the exercise of the rights provided for in this Chapter,
the Council for Trade and Economic Development and the
Council for Finance and Planning shall, subject to the
approval of the Conference, adopt appropriate measures
for:
- the
establishment of market intelligence and
information systems in the Community;
- harmonised legal
and administrative requirements for the operation
of partnerships, companies, or other entities;
- abolition of exchange
controls in the Community, and free
convertibility of the currencies of Member
States;
- the
establishment of an integrated capital market in
the Community;
- convergence
of macro-economic performance and policies
through the co-ordination or harmonisation of
monetary and fiscal policies, including, in
particular, policies relating to interest rates,
exchange rates, tax structures and national
budgetary deficits;
- the
establishment of economical and efficient land,
sea and air transport services throughout the
Community, and
- the
establishment of efficient communication
services.
-
The Council for
Finance and Planning and the Council for Trade and
Economic Development shall establish a comprehensive set
of rules in respect of the areas listed in paragraph 1 of
this Article for approval by the Conference.
ARTICLE 38a
Restrictions to
Resolve Difficulties or Hardships Arising from the
Exercise of Rights
- Where the exercise of
rights granted under this Chapter creates serious
difficulties in any sector of the economy of a Member
State or occasions economic hardships in a region of the
Community, a Member State adversely affected thereby may,
subject to the provisions of this Article, apply such
restrictions on the exercise of the rights as it
considers appropriate in order to resolve the
difficulties or alleviate the hardships.
- Where a Member State:
- intends to apply
restrictions in accordance with paragraph 1 of
this Article, it shall, prior to applying those
restrictions, notify the competent Organ of that
intention and the nature of the restrictions;
- is unable to
comply with sub-paragraph (a) of this paragraph,
it shall, upon applying the restrictions in
accordance with paragraph 1, immediately notify
the competent Organ of the application and nature
of the restrictions.
- The Member State
shall, at the time of application of the restrictions
mentioned in paragraph 1, submit to the Council for Trade
and Economic Development or the Council for Finance and
Planning, as the case may require, a programme setting
out the measures to be taken by that Member State to
resolve the difficulties or to alleviate the hardships.
- The competent Organ
shall give its earliest consideration to the programme,
and:
- make a
determination in respect of the appropriateness
of the restrictions and whether they shall be
continued ; and
- where it decides that
the restrictions shall be continued, determine:
-
the adequacy of the programme; and
- the period
for which the restrictions should
continue.
The competent Organ, in
making a determination under sub-paragraph (b) of this
paragraph, may impose such conditions as it considers
necessary.
Restrictions applied
by a Member State pursuant to paragraph 1 of this Article
shall be confined to those necessary:
- to resolve the
difficulties in affected sectors;
- to alleviate economic
hardships in a particular region;
- to minimise
damage to the commercial or economic interests of
any other Member State; or
- to prevent
the unreasonable exercise of rights granted under
this Chapter, the exclusion of which could impair
the development of the Single Market and Economy.
Member States,
in applying restrictions pursuant to paragraph 1 of this
Article, shall not discriminate and:
- shall
progressively relax them as relevant conditions
improve;
- may maintain
them only to the extent that conditions mentioned
in paragraph 1 of this Article continue to
justify their application.
If the Council for
Trade and Economic Development is not satisfied that
Member States applying restrictions are acting in
accordance with the provisions of paragraph 6 of this
Article, it may recommend to Member States adversely
affected thereby alternative arrangements to the same
end.
ARTICLE 38b
Waiver of Obligations
to Grant Rights
- Notwithstanding any
provision in this Chapter, a Member State may apply to
the Community Council for a waiver of the requirement to
grant any of the rights mentioned in paragraph 1 of
Article 35 in respect of any industry, sector or
enterprise.
- An application
for a waiver within the meaning of paragraph 1 of this
Article shall:
- be made prior to
the establishment of the relevant programme for
the removal of restrictions on the rights
mentioned in paragraph 1;
- identify the rights in
respect of which the waiver is required;
- set out the
circumstances justifying the grant of the waiver;
and
- indicate the
period for which the waiver is required.
- The Community Council
may require the applicant to furnish such additional
information as the Council may specify.
- Where the Community
Council is satisfied that the waiver should be granted,
it shall grant a waiver for a period not exceeding five
years, subject to such terms and conditions as the
Community Council may determine.
- A Member State which
has been granted a waiver within the meaning of paragraph
1 of this Article:
- shall not, while
the waiver is in force, be entitled to espouse a
claim on behalf of its nationals against another
Member State in respect of the rights for which
the waiver was granted;
- shall:
- at
the termination of the period of the
waiver, remove the restrictions and
notify the Community Council; or
- where the
Member State removes the restrictions
before the end of the period of the
waiver, notify the Community Council
accordingly.
ARTICLE 38b (bis)
General Exceptions
- Subject to the
requirement that such measures are not applied in a
manner which would constitute a means of arbitrary or
unjustifiable discrimination between Member States where
like conditions prevail, or a disguised restriction on
the rights provided for in this Treaty, nothing in this
Chapter shall be construed as preventing the adoption or
enforcement by any Member State of measures necessary:
- to protect
public morals or to maintain public order and
safety;
- to protect
human, animal or plant life or health;
- to secure compliance
with laws or regulations which are not
inconsistent with the provisions of the Treaty
including those relating to:
- the prevention of deceptive and
fraudulent practices, and the effects of
a default on contracts;
- the
protection of the privacy of individuals
in relation to the processing and
dissemination of personal data and the
protection of confidentiality of
individual records and accounts; and
- to give
effect to international obligations including
treaties on the avoidance of double taxation.
- The Community Council
shall take appropriate measures to co-ordinate applicable
legislation, regulations and administrative practices
established in accordance with Article 38 (bis).
ARTICLE 38b (ter)
Security Exceptions
Nothing in this Treaty
shall be construed:
- as
requiring any Member State to furnish
information, the disclosure of which it considers
contrary to its essential security interests;
- as preventing
any Member State from taking any action which it
considers necessary for the protection of its
essential security interests:
-
relating to the supply of services
carried out directly or indirectly for
the purpose of provisioning a military
establishment;
- in time of
war or other emergency in international
relations; or
as preventing
any Member State from taking any action in
pursuance of its obligations for the maintenance
of international peace and security.
ARTICLE 38c
Special Provisions for
Less Developed Countries
Where in this Chapter,
Member States or competent Organs are required to remove
restrictions on the exercise of the rights mentioned in
paragraph 1 of Article 35 the special needs and
circumstances of the Less Developed Countries shall be
taken into account.
ARTICLE 38d
Implementation
Nothing in this Chapter
shall be construed as precluding Member States from
adopting measures to remove restrictions on the right of
establishment, the right to provide services or the right
to move capital within the Community earlier than is
required by these provisions.
ARTICLE IX
Signature
This Protocol shall
be open for signature on the ...................... day
of July 1997 by any State mentioned in paragraph 1(a) of
Article 2 of the Treaty and Suriname.
ARTICLE X
Ratification
This Protocol shall
be subject to ratification by signatory States in
accordance with their respective constitutional
procedures. Instruments shall be deposited with the
Secretariat which shall transmit certified copies to the
Government of each Member State.
ARTICLE XI
Entry Into Force
This Protocol shall
enter into force one month after the date on which the
last instrument of ratification by the States mentioned
in
Article IX is deposited with the Secretariat.
ARTICLE XII
Accession
Any State of the
Caribbean Region may, with the approval of the
Conference, accede to this Protocol. Instruments of
accession shall take effect on the day next following the
date of their deposit with the Secretariat which shall
transmit certified copies thereof to the Government of
each Member State.
ARTICLE XIII
Provisional
Application
- The States
mentioned in
Article IX may, upon signature or at
any later date before this Protocol enters into force,
declare their intention to apply it provisionally.
- Upon such declaration,
the provisions of this Protocol shall be applied
provisionally pending its entry into force in accordance
with
Article XI.
IN WITNESS WHEREOF
the undersigned duly authorised in that behalf by their
respective Governments have executed this Protocol and
hereby declare their intention to apply it provisionally.
DONE at Montego Bay,
Jamaica on the ..................................... day
of July 1997
NOTE: (Signatures
to follow hereafter). Final Update Approved
by Mr. Duke Pollard for Signature in
Montego Bay, Jamaica - July 1997. 24 June 1997
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