Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698075445621.pdf (Guyana)
PROTOCOL AMENDING ·THE TREATY ESTABLISHING THE CARIBBEAN COMMUNITY (PROTOCOL II : ESTABLISHMENT, SERVICES, CAPP:Tt�J�} · Montego.Bay, Jamaica 1 July 1997 (PROTOCOL II: ESTABL!SliMEIVT, SERVICES, CAPFTAL) Comiriunity (hereinaper to th.e Treaty The States Parties to as: II the Member States''): referred Establishfng the Caribbzan Recalling the Declaration of Grand Anse and other dtzcisions of the Conference expr¢ssing their integration process; commitment of Heads of Government to the deepening of the Caribbea:1 of the regional Ccnunu,r:ity economic Conscious of the need to promote in the Ca;-f;becn in the production 011 of goods and with a view to maximising.foreign com1wtifive11C'ss, exchange earnings level of efficiency the highest especially Conununity services tlw bosis ofi11t,·r11utio110/ diversification structural peoples; and improving olloi11i11gji)()c/ of their the standard .,·,·c111·i(i·.
of living <1d1iC'vi11g R.ecoguising requires that optimal the structured the unrestricted and particularly movement integration of production of capital, in the labour and production by economic enterprises in the Community Region, · technology, Determined to establish to the collective conditions which would resources facilita.ti on a ncn­ of the Regio;, access by their nationals discriminatory basis, Desirous of economic expansion of achieving sustained of which slwll be activities, and c:on'inuing equitabfy .for 01porf1;11ities the need to /Jrovirle .\pecial the benefits integration shared taking disadvantaged into account countries, · Developed Conscious Cozintries; of the s11eciol 11eeds and circw11sfunces <ftlic /,css 2 llave Agreed as follows: ARTICLE I Use of Terms In this Protocol unless the context otherwise requires: the Caribbean includes "Community" Economy to be established replacing Treaty,· the Caribbean by the Protocols Common lv!arke: Market and or amending Annex to the Single "The Community the Community (hereinafter Council so named in Article of Ministers" means the organ of 8(1) of the Treaty, Council"),· referred to as "the Community "Conference" of the Community; means the Conference of Heads a/Government "Tlte Committee Body of the Community ·Treaty,· of Central Bank Govenzors" so named in Article means the I 0(3) of the "111e Council of the Community for Finance and Plaunirg '' means the organ so named in Article 6(2)(d) of the Treaty,· "Tlze Council the organ of the Communizy Treaty,·
 for lluman and Social Development" so named in Article means of the 6(2)(c) "Tlze Council the organ of the Community Treaty,· for Trade and Economic so named in Article Development" means of the 6(2)(a) "Member State" ,neans a Member State of the Community,· "Treaty" Community 1973 and includes either "the Treaty").
means the Treaty establishing signed at Clwguaramas any amendments or definitively the Caribbean on the 4th day r?f .hi()' which take effect provisionally (hereinafter referred thereto to as 3 ARTICLE II Amendment The provisions of this Protocol Common Market shall replace 28, 35, Articles and Annex to the Treaty 36, 37, 38 and 43 of the Caribbean provided.
take effect as hereinafter ARTICLE/II Replace the title to Chapter V of the Caribbean Common Market Annex with the following: CllAPTER of Establisftment, V Rights and Movement Provision o/Capital of Services ARTICLE IV Replace Article 35 of the Caribbean Common Market Annex with the following: AR11CLE 35 Scope of Application 1.
Save as otherwise provided in this Article provisions of to provide this Chapter services and the right to move capital shall apply to the right of establishment, 35a, the and Article the right in the Community.

2.

Activities in a Member State involving the exercise of governmental be excluded from the operation of this Chapter .

authority shall, in so far as that Member State is concerned, 3.
For the pwposes of this Chapter, authority" means the involving "activities on conducted neither activities basis nor in competition with one or more economic of governmental exercise a commercial enterprises, and includes: 4 (a) activities authority moneta,y conducted or any other public rate policies,· or exchange by a central entity, bank or monetary in pursuit of (b) activities security forming or public part of a statutory plans,· retirement system of social (c)activities forming part of a system of national or maintenance security of public or for the establishment order; and (d)other activities conducted of or 1,vith the guarantee for the by a public entity or using financial account resources of the government.
ARTICLE 35a Treatment of Monopolies J, Member States may determine that the public the exclusion sector in a particular of an industry.

er restriction of the right of establishment in any industry requires interest or 2.
Where such a determination has been made: (a) tf the determination or in the continuation the Member monopoly, that to ensure measures nationals results of a government establishment State shall adopt appropriate the monopoly of Member States, Treaty, and is subject competition enterprises,· established save as otherwise in this provided to the agreed rules of economic for Community between does not discriminate in the establishment the Jvfember of a State shall, results (b) if the determination monopoly, to the provisions to ensure measures to nationals private sector subject appropriate is accorded· terms of participating in of this Treaty, adopt that national of other Member States zn its operations.
treatment 5 ARTICLE35b Prohibition of New Restrictions 011 tlte Right of Estab/isltment 1.

Upon the entry into force of this Protocol, territories relating any new restrictions Member States shall to the right of of nationals of other Member States save as otherwise in their not introduce establishment provided in this Treaty.

2.

Upon the entry into force of this Protocol, notify the Council restrictions Member States.
for Trade and Economic on the right of establishment in respect shall Member States Development of existing of other of nationals 3, (]) The right of establishment Chapter shall include the right to: within the meaning of this (a)engage in any non-wage-earning professional activities of a or arti­ industrial, commercial, sanal nature; (b)create and manage economic enterprises referred to in paragraph 5(b) of this Article.

(2) For the pw7Joses activities" persons.


employed of this Chapter"non-1-vage undertaken earning by self­ means activities 4.

The Community Council may, with the approval of the of the Council and upon the recommendation or the Council the body of rights for Finance provided Organ sh.all establish for Trade and and Planning, as the 3 of this in paragraph for Member manipulation or abuse of such rights Development enlarge The competent in order to safeguard Conference Economic case may be, Article.
States as to gain an unfair in the areas of nationality so for example, and in the operation other Member States, of companies.

basic criteria advantage criteria against against 5.
For the purposes of.this Chapter: (a) a person shall he regarded as a national of a Member State if such person: of that State; (0 is a citizen 6 (ii)has a connection with that State of a kind which him to be regarded entitles if it be so expressed, of the State/or resident n; or relating thereof as belonging to or, as being a native or the purposes to immigratio of the laws {iii) is a company or other legal entity constituted to it, provided and which that State regards that such company in the Member State in conformity with the laws thereof as belonging or for gainful other legal entity has been and has its registered purposes office and on administration, central substantial and within activity, which is substantially controlled paragraphs by persons (i) and {ii) of this paragraph.
and carries the Community mentioned formed in sub­ owned and effectively (b)"economic enterprises" includes any type of the production of or trade in goods or organisation/or the provision organisation) entity mentioned paragraph.
of services owned or controlled (other than a non-profit by any person or {a) of this in sub-paragraph (c)a company or other legal entity is: (i) substantially owned if more than 50 per cent the equity interest by nationals or (ii) of this paragraph; therein mentioned is beneficially in sub-paragraph of owned (a) (i) (ii)effectively controlled sub-paragraph power to name a majority to direct legally otherwise if nationals mentioned in have the (a) of this paragraph or of its directors its actions.
ARTICLE 35c Removal of Restricti01is 011 tire Right of Establishment I.

Subject to the provisioi1s Member States nationals shall remove restrictions of a Member State in the territory 38a and Article of Article on the right of establishment A1ember State.

of another 38b, of 7 2.


The removal mentioned in paragraph the setting Member State in the territory 1 of this Article branches of another up of agencies, of restrictions on the right of establishment shall also apply to restrictions on or subsidiaries by nationals of a Member State.

3.
3.

Subject to the approval Development, Development Finance and the Council for of the Conference, in consultation the Council for on with the Council and Planning, a establish one year from the enhy into force of this Protocol, on the right of of restrictions of a Member State in the territory for the removal of another .

Trade and Economic Human and Social shall, within programme providing establishment Member State.
of nationals The programme shall, inter alia: (a) identify the activities shall not apply,· establishment in respect of which the right of (b) establish rhe conditions under which the right of .

establishment is to be achieved; and (c)set out the conditions, removal of restrictions stages and time-frames for on the right of establishment.

the 4.

The Commw1ity nationals Article, Article be provided have been aggrieved 35b, Article for in this Treaty.
may authori Council by the violation whose of obligations as may 36a to take such measures 36 and Article set out in this se a Member State Management of Restrictions ARTICLE35d of Removal on tlie Rigltt of Establishment .
: Trade and Economic Development shall, In performing its tasks set 35c, the Council for out in Article i11ter a/ia: {a) accord priority to the removal in respect activities encourages the development of on of restrictions of which the right of establishment ·, (i) the production {ii) the provision of services, or trade in goods,· which generate foreign exchange earnings; 8 (b) require practices impede the exercise Member States of which and procedures, the maintenance of the right of establishment,· to remove administrative (c) to remove all restrictions on the and supervisory of managerial, Member States require movement staf/ 'of economic agencies, branches other entities entzrprises and subsidiarie-S and in the Community; ' established technical and on establishing of compahies (d) measures establish to ensure the removal of on the right of establishment restrictions activzties accorded (a) of paragraph of treatme'nt to as they relate in respect pursuant this Article priority to: (z)the establishment, in the territories of Member States, belonging of agencies, branches or subsidiaries to an economic and enterprise; (ii)the conditions governing the entry of or supervisory branches managerial, employed subsidiaries, immediate dependent personnel; technical in such agencies, including family and the spouses and members of such personnel (e)take appropriate measures to ensure close collaboration order to improve situation Community,· regarding among competent national authorities in their knowledge 'the relevant of the particular within activities the (f) require situated other than/or that nationals to land, buildings to ensure Member States Member State may have access other property A1ember State, for a purpose potenHally on a non-discriminatory importance of agriculture economies; of one and of another in the territory or purposes destabilising to the economy, in mind the bearing basis, for many national speculative (g) ensure concordance in Member Stdtes regardirzJ'..t1te n afforded protectio and other persons and other entities.
the interests of parlners, with financial intt!r'ests members in companies ARTICLE 35e of Diplomas, Acceptance mu/ otlter Evidence Certificates, of Q1wlificatio11s J.

The Council with the competent Organ, shall consultction and measures for accreditation recognition the nationals engagement for Human and Social Development, common standards establish or when necessary for the mutual and other evidence access in order to facilitate in the Community.
activities of qualifications of to, and in, non-wage-earning of Member States certificates of diplomas, in 2.

Member States mechanisms or accord appropriate equivalency evidence secured of qualifications common standards to establish accreditation to determine to diplomas, certtjlcaCeo of other Member States.

by nationals and other shall establish or employ, as the case may be, 3.

The Council for Hwnan and Social the coordination measures for establish requirements activities in the Community.
of Member States for the conduct of legislative and administrative of non-wage-earning Development shall also ARTICLE V Replace Article 36 of the Caribbean Common Market Annex with the following: ARTICLE36 Prohibition of New Restrictions of Services the Provision 011 1.

Upon the entry into force of this Protocol, any new restrictions by nationals of other A1ember Member States shall on the provision of services in the States except as otherwise not introduce Community provided in this Treaty.

2.
2.

Without t, persons establishmen services, temporarily where the services nationals of that Member State.

prejudice to the provisions to the right of relating such may, in order to provide providing services activities engage in approved in the Member State enjoyed are to be provided under the same conditions by 3.

Upon the entry into force of this Protocol, notify the Council restrictions Member States.
for Trade and Economic on the provision of services in respect Development Member States shall of existing of other of nationals 4.
For tile purposes remuneration other of this Chapter, "services" than wages in any approved means services sector and of services" means the supply of services: against provided "the provision (a) from the territo,y of one Member State into the territo,y of another Member State,· (b)in the terri{ory of one Member Member State; of another consumer Stlll� rt; the service (c)by a service supplier presence of one Member State through ry of another in the territo commercial Member State,· and (d) by a service presence territory of natural of another the of a Member Stale in the of one Member State through persons Member State.
supplier ARTICLE36a Removal of Restrictions Oil tile Provision of Services I.

Subject to the provisions ry restrictions of this Treaty, on the provision shall Member States within the of services remove discriminato Community in respect of Community nationals .
•• 2 Trade and Economic within shall, Organs, a programme establish such services of the Conference, the Council to the approval Subject with other competent Development, one year from the entry into force of this Protocol, in consultation for in the Community by Community for the removal of restrictions nationals.

on the provision of 11 3.
In establishing for Trade the Council this Article, the programme mentioned in paragraph J of shall: Development and Economic (a) accord priority production services to services costs or facilitate which directly the trade in goods and exchange which generate foreign affect earnings; (b) require Member States and procedures, to remove 0;dmini�/rative the maintenance practices impede -the exe,rcise of the right to provide of'which services; (c) establish of in respect in accordance to ensure the removal services treatment measures restrictions on the right to provide priority of activities accorded (a) of this paragraph, b9th in with sub-paragraph terms of conditions in the territories governing spouses the provision of Member States the entry of personnel, for the pro11:i,$ion and immediate of services,· dependent family including members, their for of services as well as the conditions measures among competent (d) take appropriate boration order to improve within regarding relevant activities and of the conditions the Community, to ensure close colla­ national their knowledge in authorities (e) require to land, buildings ensure Member States to of one that nationals ory basis, Member State have on a non-discriminat access in situated and other property State for purposes of another Member the territory directly in bearing related mind the importance economies.
of agriculture to the provision for many national of services, ARTJCLE36b Banking, I11s11rance and Other Financial Services 1.

Subject inatory to the provisions restrictions and other financial in respect remove discrim banking, insurance services.

of this Chapter, Member States shall on nationals, of Community 12 2.

Subject Finance Community, provisions and Planning, may exclude of this Article.
to the approval in consultation certain financial of the Conference, with other competent the Council Organs of the of the services from the operation for ARTICLE VI Replace Articles 37 and 43 of the Caribbean Common Market Annex with the following: ARTICLE37 Prohibition of New Restrictions 011 Movement of Capital a11d Current Tra11sactio11s Upon the entry into force of this Protocol, any new restrictions on t/ze movement and on current of capital payments Member States shall and payments and transfers, in Article tive existing except regulations as provided not introduce with such movement connected more restric nor render 38a.
37c (bis) and Article Removal ARTICLE 37a of Restrictions and Curre11t of Capital 011 JJ1ovement Tra11sactio11s 1.

After the entry into force of this Protocol, Member States shall, in order to ensure the proper functioning Economy, remove among themselves: of the Single Market and (a)restrictions on the movement of capital payments,· (b)restrictions on all current payments including payments transfers.

for goods and services and other current 2.


The Council approval of of Central mentioned Bank Governors in paragraph for Finance establish a programme 1 of this Article.

the Conference, and Planning in collaboration subject shall, with the Committee to the for the removal of the restrictions 3.

For the purpose include: and transfers of this Article, capital and related payments (a)equity and portfolio investments,· 13 ; ' j t ,· (b) (c) (d) {e) .
(j) bank �nclc�edit short-term pay_m�nt ·of inte�esion and other in�ome' dividends f proceeds repatriation o other tr,ansfers ·· flows.,:.

trarisactions ; ' �'. '

; toahs and t11110rtizat,ion on investments a fter taxes,· from the sate· ofassets; and andpayments relating to investment Autlior�ation P4oveme11t of Capital ARTICLE37b tQ Facilitate 1.

Upon e�try intoforcepf thi$ Protocol, and subject to paragraph for the movement ry basis.
where necessary authorisations required on a non .. discriminato shall, Member States 2 of this Article, grant the 37a in Article mentioned of capital 2.

A loan intended for State purposes prior may require notification to the State �n _which it is being ·, issued or placed ARTICLE37c of Foreign Coordi11atio11 mu/ Exchange Excl,a11ge of Information Policies I. M.e.11.1ber States .shall tak� .�uch their coordinate capital between J/.Jem,and third States foreign exchange policies .
measures in respect of the -'movement necessar as are y to of • -l - f ' 2.

Member.States informed to and from third States.

Member States their knowledge of significant unusual shall keep the competent movements in other authorities of capital within ARTICLE VII •' Restrictions ARTICL!J37c to Safeguard (bis).

Bala11ce-o[-Pa y11�e�!

!s · · J.


In the ·event· difficulties 0of serious balance-o or threat tbe,�eo,i f payments and external £{).i.cmbc;,r State mr1y, _consistent jihancial and subject to paragraph 5 �J this Article obligations.

its international such difficulties to address restrictions adopt or maintain with , ... · -14 2.
The restrictions I of this Article which may be adopted pursuant may include quantitative on restrictions of establishment, or maintained restrictions on the right services, restrictions for transactions on the right restrictions or on payments However, such on the right to move capital connected therewith.
to paragraph imports, to provide and transfers restrictions: {a) shall, subject discriminate in favour States to the provisions among Member States Member of this Treaty, not or against of third States,· {b) shall at all times seek to minimise or financial damage to the of any interests economic commercial, other Member State,· (c) shall not exceed those necessary to deal with the circumstances and described in paragraph I of this Article,· (d)shall be temporary of eighteen but in any event not longer than (18) months and be phased out a as the situation described in paragraph period progressively 1 improves.
3.

In determining State concerned may accord stability.

economic the purpose provisions factors for reserves.

of protecting of this Treaty, restrictions, which are essential the Memher ofsuch the incidence to its priority to activities for shall Such restrictions sector a particular in contravention being paid in either case to any special due regard of such Member State or its need or maintained of the relevant which may be affecting not be adopted the reserves adopted 4.
Restrictions or any changes therein, or maintained pursuant to paragraph J three (3) shall be notified within and to the Council/or and Economic days to the Council/or Finance and Planning and, in any event, with the competent immediately consult Development, the Member State Organ if and when of this Article, working Trade· concerned shall requested.

5.
5.

The Council for periodic prior consultations and Planning including, with the objective where possible of making consultations for Finance shall establish and to the Member State concerned of the for the removal procedures desirable, recommendations restrictions.

6.
The co11sultatio11s referred to in paragraph 5 of this Article shall: 15 (a)be designed the Member State concerned to assist to and external its balance-of-payments overcome financial difficulties; of the situation (b)assess the balance-of-payments adopted and the restrictions Member State concerned or maintained inter alia: under this Article, taking into account, (i) the nature and extent and the external financial of the balance-of­ difficulties; payments (ii) the external economic and trading environment the restrictions; of the Member State applying and (iii)alternative available.
corrective measures which may be 7.

The consultations rf;!strictions progressive with paragraph phase-out 'I shall address 2 of this Article the compliance and, in particular, of any the 2(d).

with paragraph of restrictions in accordance 8.

In such consultations, all findings of statistical and otherfhcts of Central by the Committee reserves monetary presented exchange, and conclusions balance-of-payments State concerned.
and the external shall be based on the assessment financial by the Committee situation of the of the Member and balance-of-payments, to foreign relating shall be accepted Bank Governors ARTICLE VIII Replace Article 38 of the Caribbean Common Market Annex �ith the following: ARTICLE 38 No11-D('icrimi11atio11 I.

Within the scope of application of this Treaty and without prejudice grounds to any special of nationality provisions therein, only shall be prohibited.

contained on any discrimination l. t) 2.


The Community Council rules to prohibit with the after consultation any such discrimination.

shall, competent Organs, establish ARTICLE 38 (bis) Measures to Facilitate Establisltme11t, Provision of Capital and Movement of Services 1.
In order to facilitate the exercise of the rights the Council this Chapter, Council Conference, and Planning adopt appropriate for Trade and Economic shall, subject for: measures for Finance provided/or in Development and t/ze of the to the approval (a) the establishment of market intelligence in the Community,· and information systems (b) harmonised legal requirements and administrative for or other hips, companies, of partners the operation entities; (c) abolition of exchange controls in the Community, and fi·ee convertibility of the currencies of Member States,· (d) the establishment of an integrated capital in the market Community; through (e) convergence policies monetary policies structures relating df macro-economic the co-ordination performance and or harmonisation of including, fn particular, tax .rates, exchange to interest rates, and fiscal policies, and national budgetary deficits,· (I) the establishment and air transport and of economical services and efficient land, sea the Community, throughout (g)the establishment of e.fficient.
services.

comm1111icalion 2.

The Council for Finance Trade and Economic Development rules in respect by the Conference.

oft he areas listed in pa�·agraph and Planning shall establish and the Council a comprehensive approval for set of 1 of this Article/or 17 ARTICLE38a Restrictions Arising Diffi.culties of Rights from the Exercise to Resolve or Hardships of rights 1.
Where the exercise in any sector serious difficulties creates or occasions State adversely apply such restrictions appropriate in a region may, subject on the exercise of the Community, to the provisions of the rights under this Chapter of a Member State a Member of this Article, as it considers the hardships.

granted of the economy in order to resolve the difficulties or alleviate affected thereby hardships economic 2.
Where a Member Sta:e: (a) intends to apply restrictions paragraph 1 of this Article, those restrictions, and the nature intention it shall, with in accordance prior to applying Organ of that notify the competent of the restrictions; (b) is unable to comply with sub-paragraph (a) of this it shall, paragraph,· accordance with paragraph competent restrictions.
Organ of the application of the and nature upon applying in the restrictions notify the 1, immediately 3.The Member State shall, mentioned Development restrictions Economic case may require, Member State to resolve or the Council setting a programme of the at the time of application Trade and the Council/or as the 1, submit,to for Finance out the measures or to alleviate and Planning, to be taken by that the hardships.
the difficulties in paragraph 4.The competent Organ shall give its earliest consideration to the programme, and: (a) make a determination in respect ness of the restrictions continued/ a1,1d.

and whether they shall be of the appropriate­ (b) where it decides that the restrictions shall be continued, determine: (t) the adequacy of the programme, ) 1.1u/ ,.

18 (iz) the period for which the restrictions should continue.
The competent of this paragraph, Organ, in making a determination may impose such conditions under sub-paragraph (b) necessary.

considers as it applied 5.


Restrictions 1 of this Article shall be confined by a Member State pursuant to those necessary: to paragraph (a) to resolve the difficulties in affected sectors; (b) to alleviate economic hardships in a particular region,· (c) to minimise interests of any other Member State; or damage to the commercial or economic (d) to prevent the unreasonable exercise the exclusion of rights of which could granted under this Chapter, impair the development Economy.

of the Single Market and 6.


Member States, shall not in applying discriminate 1 of this Article, and: restrictions pursuant to paragraph (a) shall progressively relax them as relevant conditions improve,· (b)may maintain them only lo the extent mentioned justify their in paragraph application.

1 of this Article that conditions to continue 7. if the Council that Member States for Trade and Economic applying satisfied of paragraph with the provisions Member States adversely affected same end.
6 of this Article, thereby are acting restrictions alternative it may recommend in accordance to to the arrangements Development is not ARTICLE 38b Waiver of Obligations to Grant Riglzts 1.

Notwithstanding any provision in this Chapter, a Member State may apply to the Community Council grant any of the rights any indust,y, mentioned or e11te1prise.

sector for a waiver of the requirement in paragraph 1 of Article 35 in respect to of 19 2.
An application/or a waiver within the meaning of paragraph 1 pf this Article shall: (a)be made prior to the establishment for the removal on the in paragraph programme mentioned rights of restrictions of the relevant 1; (b)identify the rights required,· in respect of which the is waiver (c)set out the circumstances justifying the grant of the waiver; and (d)indicate the period for which the waiver is required.

3.
3.

The Community Council may require the applicant to furnish such additional information as the Council may specify.

4.

Where the Community be granted, subject it shall grant a waiver to such terms and conditions for a period as the Community that the waiver not exceeding is satisfied Council five Council may should years, determine.

I· ,: 5.
I· ,: 5.

A J..tfember of paragraph meaning 1 of this Article: State which has been granted a waiver within the (a)shall not, while the waiver is in force, to be entitled a claim on behalf of its nationals against Member State in respect of the rights for which espouse another the waiver was granted,· (b)shall: {i) at the termination of the period remove the restrictions or Council,· Community and notify the of the waiver, (ii)where the Member · State removes the before restrictions waiver, accordingly.
of the the end of the period notify the Community Council ARTICLE 38b (bis) Ge11eral Exceptions 1.
Subject to the requirement that such measures are not applied between in a manner which would constitute discrimination disguised Chapter shall be construed any Member State of measures provided as preventing necessary: or unjustifiable or a prevail, where like conditions for in this Treaty, nothing in this by the adoption a means of arbitrary or enforcement restriction Member States on the rights (a) to protect public morals or to maintain public order and safety; (b) to protect human, animal or plant life or health,· (c) to secure compliance with laws or regulations are not inconsistent including those to: relating with the provisions which of the Treaty (i) the prevention of deceptive and the effects of a default and fraudulent on practices, contracts; of the privacy to the processing (ii)the protection relation personal confidentiality accounts,- of individuals in of and dissemination of and data and the protection of individual records and (d) to give effect to international on the avoidance treaties of double taxation.
obligations including 2.

The Community Council to shall take appropriate measures co-ordinate established applicable in accordance legislation, 38 (bis).

with Article regulations and administrative practices ARTICLE 38b (ter) Exceptions Security Nothing in this Treaty shall be construed: (a) as requiring any Member State to furnish information, the disclosure security essential interests; of which it considers contrmJ' to its i.JJ ...., ·, 1,;,1.., I.

0 ....

,., ("' '"" p,.,..
.... .-.7•71rz� "1- · ] 1,?-...,-:-,r-,- �-- ......... � ...... � ........ :...,.,, '"" ... ,�... ... ...... : l:/�.,, ...... , .... � ... �tl..j, , •.•• , 1J, ,l, ,,,,, ''·"·'·'� '")> 1., which it considers essential security interests: necessary/or the protection o/its (i) relating to the supply directly or indirectly for the purpose provisioning establishment: a militm:v of services of carried out (ii)in ti,ne of war or other emergency or internatzonal relations; in (c)as preventing any Member State from taking any of its obligations for the action in pursuance maintenance of international peace and security.
ARTICLE38c Special Provisions for Less Developed Countries are required Where in this Chapter, Member States on the exercise restrictions to remove or competent Organs of the· rights mentioned'·' idparagraph Developed 1 of Article Countries shall be taken into account.
35 the special needs and circumstances of the Less ARTICLE 38<1 1 Impleme11tatiQ.1t Nothing from adopting in this Chapter shall be construed on the right to ren.wve restrictions as precluding measures Member States of establishment, the Community within the right to provide earlier services than is required or the right to move capital by these provisions.
ARTICLE IX Sig11at11re 1 This Protocol shall be open for signature in paragraph on the first day of 1 (a) of Article 2 of the July 1997 by any State mentioned Treaty and Suriname.

22 ARTICLEX Rati.ficatio11 This Protocol shall be subject with their respective to ratification constitutional by signatory procedures.

States in accordance s In' truments certified copies shall be deposited to the Government with the Secretariat of each Member State.
which shall transmit ARTICLE XI E11try /1110 Force This Protocol shall enter into force one month after the date of ratification mentioned by the States in Article on which the last instrument IX is deposited with the Secretariat.

ARTICLE XII Accession Any State of the Caribbean Region may, with the approval of of accession the Conference, effect on the day which shall transmit Member State.

accede to this Protocol.


next following certified the date of their deposit thereof copies shall take iat with the Secretar of each to the Government Instruments ARTICLE XIII Provisional Application 1.

The States mentioned in Article IX may, upon signature or at any later date before to apply it provisionally.

this Protocol enters into force, declare their intention 2.
Upon such declaration, pending provisionally of this Protocol shall be with Article its ent,y into force in accutdance the provisions applied XI.

23 IN WITNESS WHEREOF the undersigned duly authorised in that behalf by their declare and hereby respective intention their to apply it provisiona lly.
Governments have executed this Protocol DONE at Montego Bay, Jamaica on the first day of .July 1997- Signed by of Antigua for the Government and Barbuda Signed by for the Government of Barbados 24 d Signe bp / ( / for the Government of Belize Signed by for the Government of the Commonwealth of Dominica Signed by for the..Government of Grenada 25 Signed by for the Government of the Co-operative Republic of Guyana • Signed by for the Government of Jamaica Signed by fo; the Government of Montserrat 26 ,, / Signedpy for the Government of St. Kitts and Nevis Signed by for the Government of Saint Lucia Signed by I for the Government of St. Vincent and the Grenadines