Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698070268172.pdf (Guyana)
LEGAL SUPPLEMENT - C BILL N° 21 OF 1995 Saturday 30th December 1995 PARLIAMENT OFFICE, Public Buildings, Georgetown, Guyana.

19th December, 1995 The following Bill which was introduced in the National Assembly is published for general information.

F. A. Narain, Clerk of the National Assembly.

GUYANA BILL No.

21 of 1995 CARIBBEAN COMMUNITY (FREE ENTRY OF SKILLED NATIONALS) BILL 1995 ARRANGEMENT OF SECTIONS SECTION Interpretation.

Indefinite duration of entry.

1, Short title.

2.

3.

4.


Six months duration of entry.

5.

Montserrat.

6.

Application for Schedul~ II Certificate.

7.

Grant of Schedule II Certificate.

e e I · L - - - - -----"'8"-.

-~alificatio 1 TIIE OFFICIAL GAZETTE LEGAL SUPPLEMENT - C 3011-1 DECEMBER, 1995 6 ~~'\~­ .

~ u· .· 2 9.

Certification of qualifications by Secretary-General.

10.

Effect of a permission under section 3 or 4.

11.

Revocability of permission.

12.

Rights not in derogation.

13.

Reciprocity.

14.


Offences and penalties.

15.

Regulations .

SCHEDULE I: QUALIFYING CARIBBEAN COMMUNITY STATES SCHEDULEll.

FORM OF CERTIFICATE A BILL Intituled AN ACT to promote the free entry of skilled nationa]s of qualifying Caribbean Community States.

Enacted by the ParJiament of Guyana:- 1.

This Act may be cited as the Caribbean Community (Free Entry of SkiJled Nationals) Act 1995.

2.
2.

In this Act - (a) (b) (c) Schcrlule I Sclledule II "immigration officer" has the same mean ing as in the Immigration Act; "qualifying State" means a member State oftheCaribbeamCommunityother than Guyana specified in Schedule I· ' "Schedule II Certificate" means a certifi cate in the form in Schedule II evidencing that the person so certified is recognised by the Government of Guyana as hoJding qualifications which satisfy the conditions for recognition of Caribbean Community skills qualification.
lndetimie .-.mdoaor "°">'· 3.

(1) Subject to section 14 and notwithstanding any other law, an immigration officer shalJ permit a person to whom this section applies to enter and remain in Guyana for a period of indefinite duration.
TIIE OFFICIAL GAZETfE LEGAL SUPPLEMENT - (' 30111 DECEMBER, l 3 (2) This section applies to the holder of a passport issued by a qualifying State who was born in the State issuing the passport or in another qualifying State and presents on entry to Guyana a Schedule II Certificate.

4.
4.

Subject to section 14 and notwithstanding any other law, an immigration officer shall permit a person to enter and remain in Guyana for six months who - (a) is a holder of a passport issued by a qualifying State and was born in the State issuing the passport or in another qualifying State; and (b) presents on entry to Guyana a certificate issued by the Government of a qualifying State including that person's own State of birth, in that State's equivalent of the form in Schedule II.

Scll«1u1r11 5.
Scll«1u1r11 5.

Where the qualifying State is Monsterrat - (a) a passport evidencing that the holder - (i) is a citizen of the United Kingdom and Colonies or a British Dependent Territories citizen; and was born in Monsterrat, (ii) shall be deemed to be a passport issued by Monsterrat; (b) a citizen of the United Kingdom and Colonies or a British Dependent Territories citizen who belongs to Monsterrat under the law ofMonsterrat shall be deemed to be a citizen ofMonsterrat.

6.
6.

Any citizen of Guyana or of any other qualifying State may, in such form and accompanied by such other documentation and such fees, as may be prescribed by the Minister, apply to the Minister for a Schedule II Certificate.

Aprlicatiou for Scbcdule II Ceniftca1".

7.

(1) The Minister shall, subject to subsection (2) and sections 8 and 13, grant a Schedule II Certificate to any applicant under section 6 who is - Gnoi1 of SclJO<lulr II Cmlftcalo.
(a) a citizen of Guyana; or (b) a citizen of, and was born in, a qualifying State.

(2) The Minister may refuse to grant-a Schedule II Certifi- FFICIAL GAZETrE LEGAL SUPPLf.MENT - C 30nt DECEMBER, 1995 4 cate to any applicant who has been convicted of an offence under section 14 or of any serious offence, whether in Guyana or else wher e, which, in the opinion of the Minister, renders that applicant unsuitable for the grant of a Schedule II Certificate.

8.
(1) An applicant under section 6 who holds any of the following qualifications shall satisfy the qualification require ments of this Act for the grant of a Schedule II Certificate - (a) (b) (c) a degree of the University of Guyana or the Univer sity of the West Indies designated as a Bachelor's, Master's or Doctor's degree; a degree of Doctorandus, Meester, Licentiatus or Doctor of the University of Suriname; ,.. 1 any University degree which is by common repute at least comparable in academic standing with any qualification mentioned in paragraph (a) or (b); (d) any qu alification certified by the Secretary General of the Caribbean Community under sec tion 9 as satisfying the qualification requirements of this Act; (e) any qualification which the Minister may by Order prescribed as satisfying the qualification require ments of this Act.
(2) The Minister may make available any current list of qualifications referred to in section 9 ( 1) (a) on request, on payment of a fee determined by the Minister.

Cmtficabon or q1tAh6caU01»by S«nwy-0.oml 9.
(1) For the purposes of section 8 (1) (d), a qualification is certified by the Secretary-General of the Caribbean Community- (a) if it is listed in any current written official commu nication from the Secretary-General, addressed to all the Governments of the qualifying States, as evidencing assessed qualifications for the pur poses of this Act; or (b) if 1t is held by an applicant under section 6 and certified by the Secretary-General, in re lation to that applicant as an assessed quali- .
.. 1llE OFFICIAL GAZETI'E LEGAL SUPPLEMENT - C 30TH DECEMBER, 1995 5 fication, whether or not any such qualifica tion is listed under paragraph (a).

(2) For the purposes of subsection ( 1), an assessed qualifica tion is any qualification which the Secretary-General has assessed, after taking into account consultations with the University of the West Indies, the University of Guyana and the University of Suriname, as equivalent in standard to any qualification men tioned in section 8 (1) (a) or (b).
(3) Any function of the Secretary-General under this sec tion may be discharged by a person authorised to do so in an official written communication from the Secretary-General, addressed to all the Governments of the qualifying States.

10.

(1) Subject to sections 11, 13 and 14 and notwithstand- ing any other law a perso~ who holds a Schedule II Certificate and who is granted a permission under section 3 shall, as in the case of a citizen of Guyana, not be subject to - Effect o(.
pmuWloo uodrr .. ctioo lor4.

(a) (b) (c) any restriction on his or his spouse's and dependent members/his family's freedom of movement, including the freedom to leave and re-enter Guyana without further permission; any restriction on his freedom to acquire moveable or immovable property for use as his residence or for use in his business; or any restriction on his right to engage in gainful employment or other occupation.
(2) Subject to sections 11, 13 and 14 and notwithstanding any other law a person who is granted a permission under section 4, his spouse and dependent members of his family shall for the duration of the permission as in the case of a citizen of Guyana, not be subject to any restriction on his freedom of movement, including the freedom to leave and re-enter Guyana without further permis sion.
(3) For the purpose of this section, the acquisition of prop erty as an investment does not amount to acquisition of property for the purpose of business unless· the person acquiring that property is engaged in the business of managing or dealing in investment property.

THE OFFICIAL GAZE1TE LEGAL SUPPLEMENT - c 30TH DECEMBER, 1995 I .

4 6 R.evocabllry or pmrWloo.

RlslJts DOI lo dmipdon R.eaprodly.


any other law, a permission granted under section 3 or 4 or any right conferred under section 10 shall be irrevocable during the duration of the permission, except for cause and in the circum stances where the holder of the permission is liable to deportation, extradition or other form of expulsion.

12.

The rights and privileges conferred on a person by this Act shall be in addition to and not in derogation of any other rights and privileges enjoyed by that person.

13.
13.

(1) TherightsandprivilegesconferredbythisActonarelevant passport holder of a qualifying State shall not exceed that State's reciprocal rights and privileges.

(2) A qualifying State's reciprocal rights and privileges shall in the absence of proof to the contrary be presumed to be the same as the rights and privileges which would be conferred by this Act on a relevant passport holder.
(3) In this section - (a) a qualifying State's reciprocal rights and pnVI leges comprise the rights and privileges conferred by thelawofthatStateon the holder ofapassportissued by the Government of Guyana who would,in relation to that qualifying State, satisfy conditions analogous to those required under this Act.

(b) a relevant passport holder is a holder of a passport issued by a qualifying State who satisfies the conditions of this Act for any right or privilege cooferred by this Act.
Otrmouand p r - 14.

(1) A person who, for the purpose of procuring the grant of a Schedule II Certificate or for the purpose of seeking a permission under section 3 or 4, makes any statement knowing the same to be false in a material particular or recklessly not caring whetheritbefalse in a material particular, commits an offence.
(2) Conviction of an offence under this section renders a Schedule II Certificate or a permission referred to in subsection (1) liable t.o cancellation, at the discretion of the Minister.

l:EGAL SUPPLEMENT - C J()rn DECEMBER, 1995 185 7 (3) Where a Schedule II Certificate or a pennission has been cancelled, wider subsection (2), any person who uses the Certificate or permission knowing that it has been canre11ed, commits an offence.
... (4) Where a certificate, issued by the Govemment of a qualify- ingStateinthatState's equivalentfonn to thefonn inSchedulell,has been cancelled, any person who uses that rertificate knowing that it has been cancelled, oommits an offence.

Scbec1u1e11 (5) Any person who oommits an offence Wlder this Act is liable on sununary conviction to a fine of thirty thousand dollars and to imprisonment for six months.

15.
15.

The Minister may, subject to negative resolution of the National Assembly, make regulations generally for the carrying out of the purposes ~this Ad.

• ~gui.li-.

SCHEDULE I section 2 QUAUFYING CARIBBEAN COMMUNITY STATES (1) (2) (3) (4) Antigua and Barbuda Baibados aem.e Dominica (5) Grenada ' (6) Guyana • (7) (8) (9) Jamaica Montserrat St. Christopher and Nevis (10) St. Lucia (11) St. Vmoent and the Grenadines (12) Suriname (13) Trinidad and Tobago.

THE OFFICIAL GAZETI'E l.:EGAL SUPPLEMENT - .
30TH DECEMBER, 8 SCHEDULE II sections 2, 4 Guyana FORM OF CERTIFICATE CARIBBEAN COMMUNITY (FREE ENTRY OF SKILLED NATIONALS) ACT 1995 CERTIFICATE OF RECOGNITION OF CARIBBEAN COMMUNITY SKILLS QUALIFICATION WHEREAS has applied t.o theMinisterresponsibleforCaribbean Community affairs in the GovemmentofGuyana for a Certificate of Recognition of Caribbean Community Skills Qualification, in relianoo on the qualifications and other particulars set out in the Table t.o this Schedule, and has satisfied the Minister that the conditions specified in the Caribbean Community (FREE ENTRY OF SKIIJ.ED NA~ONALS) ACT 1995 for the grant of a Certificate of Recognition of Caribbean Community Skills Qualification have been fulfilled : NOW, THEREFORE, the Minister, in exercise of the powers conferred upon him ] this Certificate of Recog- by the said Act, grants t.o the said [ nition of Caribbean Skills Qualification.
In witness whereof!

have heret.o subscribed my name this day of 19 ... Minister responsible for Caribbean Community Affairs.
TABLE PARTICULARS RELATING TO APPLICANT Photograph Full Name Address Occupation/Profession Qualifications Place of birth Date of birth Nationality L_~~~~~~~~~~~~~~~~__..uo.LL·tal.Status~~~~~~~~~~ Ut~ OfFICiAI GAZElTE LEGAL SUPPLEMENT - C 30TH DECEMBER, 1995 187 9 EXPLANATORY MEMORANDUM 'I1lls Bill, a oonsequence of the decision of the Conference of the Heads of Government of the Caribbean Community, seeks to promot.e the free entry of skilled nationals of qualifying Caribbean Community States into Guyana.
It should be mentioned though, that Guyana has since 1986 already made provisions, though in a somewhat modest form, for what this Bill seeks to achieve.

Briefly, a person born in a qualifying Community Stat.e and who is the holder of a passport issued by any one of those Stat.es, may, providing the qualification require ments are met, apply to the Minist.er to be certified as a person holding qualifications which satisfy the condition for recognition of Caribbean Community skills.
A person so certified may be allowed to ent.er and remain in Guyana indefinitely with the right to work, acxtuire property and without restriction on his freedom of ·movement in and out of Guyana during the currency of his permit.
Where a person, prior to ooming to Guyana has not been certified by the Minist.er but has been certified by the Government of a qualifying Stat.e permission to ent.er and remain in Guyana may be granted for a period of six months without any restrictions on freedom of movement including the right to leave and re-ent.er Guyana during he currency of his permit.
The Bill also provides for the irrevocability of the permission, except in certain circumstances, and the cancellation of a certificat.e, and addresses the question of reciprocity between Guyana and other qualifying Stat.es.

Cknwnt J. Rohe€, Minist.er of Foreign Affairs .

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