Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694819510478.pdf (Antigua and Barbuda)
No.

3 of 2006.

The Caribbean Community (Movement of Factors) Act, 2006.

1 ANTIGUA AND BARBUDA [ L.S. ]

I Assent, James B. Carlisle, Governor-General.

26th June, 2006.

ANTIGUA AND BARBUDA No.


3 of 2006 AN ACT to give effect to the provisions of the Treaty establishing the Caribbean Community, including the CARICOM Single Market and Economy, relating to the exercise by nationals of the Caribbean Community of the right of establishment, the right to provide services and the right to move capital into and within Antigua and Barbuda and out of Antigua and Barbuda to another Member State of the Caribbean Community and for connected matters.
[ Published in the Official Gazette Vol.

XXV No.

37 dated 6th July, 2006 ] BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Representatives and the Senate of Antigua and Barbuda, and by the authority of the same, as follows— PART I PRELIMINARY 1.

(1) This Act may be cited as the Caribbean Community (Movement of Factors) Act, 2006.

Short title and commencement.


(2) This Act shall come into operation on such date as the Minister may appoint by Order published in the Gazette.

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Interpretation.

2.
In this Act— “Agreement” means the Agreement establishing the East- ern Caribbean Central Bank made on the 5th day of July, 1983; “Central Bank” means the Eastern Caribbean Central Bank established under article 3 of the Agreement; “Committee of Central Bank Governors” means the body of the Community so named in Article 18(2) of the Treaty; “Community” means the Caribbean Community including the CARICOM Single Market and Economy established by the Treaty; “Community Council of Ministers” or “the Community Council” means the organ of the Community so named in Article 10 (1)(b) of the Treaty; “Conference of Heads of Government” or “Conference” means the organ of the Community so named in Article 10 (1) (a) of the Treaty; “Council for Finance and Planning” means the organ of the Community so named in Article 10 (2)(a) of the Treaty; “Council for Human and Social Development” means the organ of the Community so named in Article 10 (2)(d) of the Treaty; “Council for Trade and Economic Development” means the organ of the Community so named in Article 10 (2)(b) of the Treaty; “economic enterprise” includes— (a) any type of organisation for the production of, or the trade in, goods or the provision of services (other than a non-profit organisation) owned or con- trolled by a national of a Member State; (b) an agency, branch or a subsidiary of such enter- prise of a national of a Member State; No.
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The Caribbean Community (Movement of Factors) Act, 2006.
3 ANTIGUA AND BARBUDA “Member State” means a Member State of the Community listed in the First Schedule; “Minister” means the Minister assigned responsibility for trade; “national” means a person who— (a) is a citizen of a Member State; (b) (c) has a connection with a Member State of a kind which entitles that person to be regarded as belong- ing to or, if it be so expressed, as being a native or resident of that Member State for the purposes of the laws of that Member State relating to immigra- tion; or is a company or other legal entity constituted in a Member State in accordance with the laws of that Member State and which that Member State regards as belonging to it, if that 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 Com- munity and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); For the purposes of this definition, a company or other legal entity is— (i) (ii) substantially owned if more than 50 percent of the equity interest in the company or entity is beneficially owned by a person mentioned in paragraphs (a) and (b); effectively controlled if the persons mentioned in paragraphs (a) and (b) have the power to name a majority of its directors or otherwise legally to direct its actions.
“non-wage-earning activity” means an activity undertaken by a self-employed person; 4 ANTIGUA AND BARBUDA The Caribbean Community (Movement of Factors) Act, 2006.

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“right of establishment” includes the right— (a) to engage in any non-wage-earning activity of a commercial, industrial, agricultural, professional or artisanal nature; or (b) to create and manage an economic enterprise; “service” means a service provided against remuneration other than wages in any approved sector and “the provi- sion of a service” means the supply of a service- (a) (b) (c) (d) from the territory of a Member State into the terri- tory of another Member State; in the territory of a Member State to a service con- sumer of another Member State; by a service supplier of a Member State through commercial presence in the territory of another Mem- ber State; by a service supplier of a Member State through the presence of a natural person of a Member State in the territory of another Member State; “Treaty” means the Revised Treaty of Chaguaramas es- tablishing the Caribbean Community including the CARICOM Single Market and Economy signed at Nassau, The Bahamas, on 5th July 2001.
Aplication of this Act.

3.

(1) Save as otherwise provided in this section and in sec- tions 7 and 9, this Act shall apply to- (a) (b) the right of establishment, and the right to provide a service in Antigua and Barbuda by a national of another Member State; and the right of a national of a Member State to move capital into and within Antigua and Barbuda and out of Antigua and Barbuda to another Member State.
(2) An activity in Antigua and Barbuda involving the exercise of governmental authority by a duly authorised person shall be excluded from the operation of this Act.

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The Caribbean Community (Movement of Factors) Act, 2006.
5 ANTIGUA AND BARBUDA (3) For the purposes of sub-section (2) “an activity in Antigua and Barbuda involving the exercise of governmental authority” means an activity conducted in Antigua and Barbuda neither on a commercial basis nor in competition with one or more eco- nomic enterprises such as— (a) (b) (c) (d) an activity conducted by the Central Bank in pursu- ance of monetary or exchange rate policies; an activity forming part of a statutory system of social security or public retirement plans; an activity forming part of a system of national se- curity or for the establishment or maintenance of public order; any other activity conducted by a public entity for the account of, or with the guarantee or using finan- cial resources of, the Government of Antigua and Barbuda; and (e) such other activity as may be excluded by Regulations made pursuant to section 31.
4.

(1) Subject to this Act, a national of a Member State shall enjoy— (a) in Antigua and Barbuda— (i) the right of establishment; (ii) the right to provide a service; and (b) the right to move capital into and within Antigua and Barbuda and out of Antigua and Barbuda to another Member State, without discrimination on the ground of nationality.

5.
5.

(1) For the purposes of this Act the enactments listed in column 1 of the Second Schedule are amended to the extent specified in column 2 with effect from the date of coming into force of this Act.

Rights of a national of a Member State in respect of establishment services and capital.

Removal and notification of removal of restrictions on establishment, services and capital — Second Schedule.

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(2) The Minister shall notify, not later than 30 June 2006, the Council for Trade and Economic Development or the Council for Finance and Planning, as the case may require, of any remaining restrictions on- (a) (b) the right of establishment and the right to provide a service in Antigua and Barbuda in respect of a na- tional of another Member State; and the right to move capital into and within Antigua and Barbuda and out of Antigua and Barbuda to another Member State, and to make current pay- ments and transfers.
(3) The Minister may by Order, subject to an affirmative resolution of Parliament, amend the Schedules and may amend the Second Schedule to include any existing restriction and any restriction not notified to the Council for Trade and Economic Development or the Council for Finance and Planning, as the case may require, in accordance with subsection (2).

Prohibition of new restrictions.

6.


Subject to this Act, the Minister shall not introduce new restrictions on a national of another Member State entitled to the rights specified in section 4.

PART II THE RIGHT OF ESTABLISHMENT Treatment of monopolies.

7.

(1) Notwithstanding any provision to the contrary in this Act, the Minister may determine that the public interest requires the exclusion or restriction of the right of establishment in any industry or in a particular section of an industry.
(2) Where a determination by the Minister has been made pursuant to subsection (1) and results in the continuation or establishment of— (a) a government monopoly, the Minister shall adopt appropriate measures to ensure that the monopoly does not discriminate among nationals of a Member State, save as otherwise provided in this Act, and is subject to the agreed rules of competition estab- lished for an economic enterprise of the Commu- nity; or No.

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The Caribbean Community (Movement of Factors) Act, 2006.

7 ANTIGUA AND BARBUDA (b) a private sector monopoly, the Minister shall, sub- ject to this Act, adopt appropriate measures to en- sure that national treatment is accorded to a na- tional of another Member State in terms of participa- tion in its operations.

8.
8.

Restrictions on the right of establishment in Antigua and Barbuda in respect of a national of another Member State shall be removed in accordance with the programme approved by Conference in accordance with Article 33(3) of the Treaty.

Programme to remove restrictions on establishment.

9.
9.

The Minister shall, by Order published in the Gazette, adopt measures based on criteria established by the competent Organ of the Community to safeguard against manipulation or abuse of the right of establishment, to gain an unfair advantage against a national of Antigua and Barbuda or another Member State.

Minister to adopt safeguard measures.

10.


(1) In carrying out his or her duties under this Part, the Minister shall use his or her best endeavours to ensure that a national of another Member State desirous of engaging in an approved economic activity in Antigua and Barbuda is not im- peded in the exercise of his or her right of establishment.

Management of removal of restrictions on the rights of establishment.
(2) Without prejudice to the generality of subsection (1) the Minister shall— (a) (b) (c) remove administrative practices and procedures which impede the exercise of the right of establish- ment by a national of another Member State; remove all restrictions on the movement of manage- rial, technical and supervisory staff of an economic enterprise established by a national of a Member State in Antigua and Barbuda; remove all restrictions on entering and residing in Antigua and Barbuda by a spouse and immediate dependent family member of a national establishing an economic enterprise and of managerial, technical and supervisory staff of an economic enterprise of a national of another Member State; (d) ensure that a national of another Member State ex- ercising his or her right of establishment has the 8 ANTIGUA AND BARBUDA The Caribbean Community (Movement of Factors) Act, 2006.
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(e) (f) right to acquire or otherwise possess or control land, buildings and other property adequate for the pur- pose; implement Community standards to ensure protec- tion of the interests of partners, members and other persons with financial interests in companies and other entities that have rights equivalent to those of similar entities in a Member State; implement measures established by the Council for Human and Social Development for the coordina- tion of legislative and administrative requirements of a Member State for the conduct of non-wage- earning activities in the Community.
PART III THE RIGHT TO PROVIDE SERVICES Programme to remove restrictions.

11.

(1) Subject to this Act, restrictions on the right to provide a service in Antigua and Barbuda in respect of a national of another Member State shall be removed in accordance with the programme approved by the Conference pursuant to Article 37 (2) of the Treaty.
(2) Notwithstanding subsection (1), the Minister may with the consent of the Council for Finance and Planning and with the approval of the Conference, exclude certain financial ser- vices from the application of this Act in accordance with Article 38 (2) of the Treaty.

12.
12.

Without prejudice to the provisions relating to the right of establishment, a national of another Member State exercising the right to provide a service in Antigua and Barbuda may, in order to provide the service, temporarily engage in an approved activity in Antigua and Barbuda under conditions no less favourable than those enjoyed by a national of Antigua and Barbuda.

Collateral activities by service providers.

Management of removal of restrictions on right to provide a service.

13.
13.

(1) The Minister shall take such measures as may be necessary to ensure that a national of another Member State is not impeded in the exercise of his or her right to provide a service in Antigua and Barbuda.

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The Caribbean Community (Movement of Factors) Act, 2006.
9 ANTIGUA AND BARBUDA (2) Without prejudice to the generality of subsection (1), the Minister shall— (a) (b) (c) remove administrative practices and procedures in Antigua and Barbuda which impede the exercise of the right to provide a service by a national of another Member State; remove all restrictions on the entry and residence in Antigua and Barbuda in respect of a spouse and an immediate dependent family member of a national of another Member State providing a service and of the managerial, technical and supervisory staff of such a national; and ensure that a national of another Member State ex- ercising the right to provide a service in Antigua and Barbuda has the right to acquire or otherwise possess or control land, buildings and other prop- erty on a non-discriminatory basis for purposes di- rectly related to the provision of the service.
PART IV THE RIGHT TO MOVE CAPITAL 14.

Subject to this Act, the Minister— (a) shall not introduce new restrictions on— Prohibition of new restrictions the move- on ment of capital.

(i) (ii) the movement of capital; payments connected with the movement of capital; and (iii) current payments and transfers; and (b) shall not render more restrictive the operation of exist- ing regulations governing the movement of capital, except as authorised by the Treaty.

15.
15.

(1) Subject to this Act, restrictions on the movement of all capital payments, and on all current payments, including pay- ments for goods and services and other current transfers to a Member State shall be removed.

Removal of restrictions on capital movements.

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(2) For the purposes of this Part, capital and current pay- ments and transfers include— (a) equity and portfolio investments; (b) short-term bank and credit transactions; (c) payment of interest on loans and amortization; (d) dividends and other income on investments after taxes; (e) repatriation of proceeds from the sale of assets; and (f) other transfers and payments relating to investment flows.

Authorisation to facilitate movement of capital.

16.
16.

(1) Subject to subsection (2), the Minister shall, where necessary, grant the authorisations required for the movement of capital mentioned in section 15 on a non-discriminatory basis.

(2) Where a loan is to be obtained for the purposes of the State of Antigua and Barbuda in another Member State prior notification shall be given by the person obtaining the loan to the Member State in which the loan is being issued or placed.

Co-ordination of foreign exchange policies and information exchange.

17.
17.

(1) The Minister shall take such measures as may be required to coordinate the foreign exchange policies of Antigua and Barbuda with those of another Member State in respect of the movement of capital among Member States and with a third country.

(2) The Minister shall keep the competent authorities of a Member State informed of significant unusual movements of capital within his or her knowledge to and from a third country.

PART V SAFEGUARD MEASURES Restrictions to safeguard balance of payments.
18.

(1) Subject to subsection (3), where the Minister is satisfied that there are serious balance-of-payments and external financial difficulties or the threat thereof, the Minister may, consistently with international obligations assumed by Antigua and Barbuda, adopt or maintain restrictions to address the difficulties.

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The Caribbean Community (Movement of Factors) Act, 2006.
11 ANTIGUA AND BARBUDA (2) The restrictions which may be adopted or maintained pur- suant to subsection (1) include— (a) quantitative restrictions on imports; (b) restrictions on the right of establishment; (c) restrictions on the right to provide a service; and (d) restrictions on the right to move capital or on pay- ments and transfers for transactions connected therewith.
(3) The restrictions mentioned in subsection (2) shall— (a) (b) (c) (d) subject to this Act, and relevant determinations of the Conference, the Council for Finance and Plan- ning and the Council for Trade and Economic De- velopment, as the case may require, not discrimi- nate among Member States or against a Member State in favour of a third country; at all times seek to minimise damage to the commer- cial, economic or financial interests of a Member State; not exceed those necessary to deal with the circum- stances mentioned in sub-section (1); be temporary and not longer than eighteen months and must be removed progressively as the situation mentioned in subsection (1) improves.
Incidence and notification of restrictions.

19.

(1) In determining the incidence of restrictions mentioned in section 18, the Minister may accord priority to activities which are essential to the economic stability of Antigua and Barbuda but such restrictions shall not be adopted or maintained for the purpose of protecting a particular sector due regard being paid to any special factors which may be affecting the reserves of Antigua and Barbuda or its need for reserves.
(2) Restrictions adopted or maintained pursuant to subsec- tion (1) or any changes therein shall be notified within three working days to the Council for Finance and Planning and the Council for Trade and Economic Development, and, in any event, ANTIGUA AND BARBUDA Consultations for the removal of restrictions.

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20.
20.

(1) The Minister shall consult with the Council for Fi- nance and Planning, and, where practicable, before the imposi- tion of restrictions mentioned in section 18, with the objective of being informed of any recommendations for the removal of the restrictions.
(2) The consultations mentioned in subsection (1) shall— (a) (b) be designed to assist Antigua and Barbuda to over- come its balance-of-payments and external financial difficulties; assess the balance-of-payments situation of Antigua and Barbuda and the restrictions adopted or main- tained under section 18 taking into account inter alia— (i) (ii) the nature and extent of the balance-of-pay- ments and external financial difficulties; the external economic and trading environ- ment of Antigua and Barbuda; and (iii) alternative corrective measures which may be available.
(3) The consultations under this section shall address the compliance of any restrictions with section 18 (3) and, in particular, the progressive removal of restrictions in accordance with section 18 (3)(d).
(4) In consultations under this section 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 that Committee of the balance- of-payments and external financial situation of Antigua and Barbuda.

13 ANTIGUA AND BARBUDA Restrictions to resolve difficulties arising from the exercise of rights.

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The Caribbean Community (Movement of Factors) Act, 2006.

21.
21.

(1) Where the exercise of rights conferred by this Act creates serious difficulties in any sector of the economy of Antigua and Barbuda, or results in economic hardships in any district, region or part of Antigua and Barbuda, the Minister, may, subject to the provisions of this section, apply such restrictions on the exercise of rights as the Minister considers appropriate in order to resolve the difficulties or alleviate the hardships.
(2) If the Minister intends to apply restrictions pursuant to sub-section (1), the Minister shall, prior to applying the restric- tions, notify the competent organ of the Community of the Minister’s intention and the nature of the restrictions.

(3) If the Minister is unable to notify the competent organ prior to the application of the restrictions, the Minister shall, on applying the restrictions, forthwith notify the competent organ of the Community of the application and the nature of the re- strictions.
22.

(1) The Minister shall, at the time of applying the restric- tions mentioned in section 21, submit to the Council for Trade and Economic Development or the Council for Finance and Plan- ning, as the case may require, a programme setting out the mea- sures to be taken by Antigua and Barbuda to resolve the diffi- culties or alleviate the hardships.

Conditions for the application of restrictions.


(2) The Minister shall act on the determinations of the com- petent organ of the Community regarding the— (a) (b) appropriateness of the restrictions and whether they shall continue; and adequacy of the programme and the duration of the restrictions.

23.

Restrictions applied by the Minister pursuant to section 21 shall be confined to those necessary to— Permissible restrictions.
(a) resolve the difficulties in the affected sectors; (b) alleviate economic hardships in a particular district region or part of Antigua and Barbuda; ANTIGUA AND BARBUDA 14 The Caribbean Community (Movement of Factors) Act, 2006.

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Non-discrimina- tion in applying permissible restrictions.

General exceptions to the obligation to remove restrictions.
(c) minimise damage to the commercial or economic in- terests of another Member State; and (d) prevent the unreasonable exercise of rights granted by this Act, the exercise of which could impair the development of the CARICOM Single Market and Economy.

24.
24.

The Minister in applying the restrictions pursuant to sec- tion 21 shall not discriminate on the ground of nationality and— (a) shall progressively relax the restrictions as relevant conditions improve; (b) may maintain the restrictions only to the extent that conditions mentioned in section 21 continue to jus- tify their application.

25.
(1) Notwithstanding any provision to the contrary in this Act, the Minister shall not be precluded from taking measures— (a) to protect public morals or maintain public order and safety; (b) to protect human, animal and plant life; (c) to secure compliance with laws or regulations relat- ing to customs enforcement, or to the classification, grading or marketing of goods, or to the operation of monopolies by state enterprises or enterprises given exclusive or special privileges; (d) to protect intellectual property rights or to prevent deceptive practices; (e) relating to gold or silver; (f) relating to products of prison labour; (g) relating to child labour; (h) to protect national treasures of artistic, historic or archaeological value; No.
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The Caribbean Community (Movement of Factors) Act, 2006.
15 ANTIGUA AND BARBUDA (i) (j) (k) to prevent or relieve critical food shortages in an- other exporting Member State; relating to the conservation of natural resources or the preservation of the environment; to secure compliance with laws or regulations which are consistent with the provisions of the Treaty in- cluding those relating to— (i) (ii) the prevention of deceptive and fraudulent practices, and the effects of default on con- tracts; the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confi- dentiality of individual records and accounts; (l) to protect existing economic activities which are based on traditional, historical or customary prac- tices; (m) to give effect to international obligations including treaties on the avoidance of double taxation.
(2) Nothing in subsection (1) shall be construed as permit- ting the Minister to take any measure which constitutes arbi- trary or unjustifiable discrimination against a national of an- other Member State.

26.
26.

Nothing in this Act shall be construed as preventing the Minister from taking measures to— (a) protect the essential security interests of Antigua and Barbuda— (i) relating to the supply of services carried out directly or indirectly for the purpose of provi- sioning a military establishment; (ii) in time of war or other public emergency; or (b) discharge the obligations of Antigua and Barbuda for the maintenance of international peace and se- curity.
Security exceptions to obligation to remove restrictions.

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PART VI GENERAL Determinations of organs and bodies of the Community to be carried out.

Implementation of Community Standards.

Right to appeal to Minister for speedy review of decision of a functionary.

Offences against this Act.

27.


The Minister shall, where an organ or body of the Com- munity has been authorised to make any determinations in re- spect of any of the rights referred to in section 4, carry out such determination.

28.
28.

The Minister shall establish or employ as required an appropriate mechanism to implement Community standards to determine equivalency or to accord accreditation or mutual rec- ognition to diplomas, certificates and other evidence of qualifi- cations secured by a national of another Member State.

29.
29.

Where a functionary purports to restrict a person in the exercise of a right under section 4, the person aggrieved may, without prejudice to any other remedy, appeal to the Minister for a speedy review of the decision of such functionary.

30.
30.

Any person who, contrary to the provisions of this Act, obstructs or otherwise impedes a national of a Member State in the lawful enjoyment of any right mentioned in section 4 or any right collateral thereto commits an offence and is liable on sum- mary conviction to a fine of ten thousand dollars or to imprison- ment for a term of 3 months or to both.

Regulations.

31.

(1) The Minister may make regulations generally for giv- ing effect to the provisions of this Act.
(2) Without limiting the generality of sub-section (1) the Min- ister may make regulations to— (a) (b) (c) (d) identify those activities in respect of which the right of establishment shall not apply; determine the conditions under which the right of establishment is to be exercised; remove restrictions on the entry of managerial, tech- nical and supervisory staff to be employed in an economic enterprise and their spouses and immedi- ate dependent family members; remove restrictions on the entry of a spouse and an immediate dependent family member of a national exercising the right to provide services; No.
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17 ANTIGUA AND BARBUDA (e) (f) (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) provide for the temporary imposition of restric- tions under section 21; and specify the nature of restrictions imposed pursu- ant to section 21.
FIRST SCHEDULE Antigua and Barbuda Bahamas Barbados Belize Commonwealth of Dominica Grenada Haiti Guyana Jamaica Montserrat St. Kitts-Nevis and Anguilla Saint Lucia St. Vincent and the Grenadines Trinidad and Tobago SECOND SCHEDULE Column 2 AMENDMENT In the Act- (1) In Section 2, insert in their appropriate order the follow- ing— “Caribbean Community Accreditation Agency” means the agency established under the Caribbean Community Agreement; “Council for Human and Social Development” means the body of the Caribbean Community empowered by Article 35 of the Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Column 1 ENACTMENT Engineers (Registration) Act Chapter 153 ANTIGUA AND BARBUDA 18 The Caribbean Community (Movement of Factors) Act, 2006.
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Column 1 ENACTMENT Column 2 AMENDMENT Market and Economy to establish common standards and measures for accreditation or mutual recognition of diplo- mas, certificates and other evidence of qualification of nationals of CARICOM Member States; “Member State” means a Member State of the Caribbean Comunity listed in the Third Schedule; “national” means a person who— (a) is a citizen of a Member State; (b) (c) has a connection with a Member State of a kind which entitles that person to be regarded as belong- ing to or, if it be so expressed, as being a native or resident of that Member State for the purposes of the laws of that Member State relating to immigra- tion; or is a company or other legal entity constituted in a Member State in accordance with the laws of that Member State and which that Member State regards as belonging to it, if that 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 Com- munity and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); For the purposes of this definition, a company or other legal entity is— (i) substantially owned if more than 50 percent of the equity interest in the company or entity is beneficially owned by a person mentioned in paragraphs (a) and (b); (ii) effectively controlled if the persons mentioned in paragraphs (a) and (b) have the power to No.
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The Caribbean Community (Movement of Factors) Act, 2006.

19 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT name a majority of its directors or otherwise legally to direct it actions; (2) In Section 6 — insert immediately after subsection (1) the following— “(2) Paragraphs (c) and (d) shall not ap- ply to a national of a Member State”.

(3) In Section 7 — insert immediately after subsection (3) the following— “(4) Subsection 1(d) shall not apply to a national of a Member State”.
(4) insert immediately after section 26 the following— “Adoption of Common Car- ibbean Commu- nity Standards.

27.

(1) In making any regulation under paragraph (c) of section 26 the Minister shall adopt the common standards and measures for accreditation and for the mutual recogni- tion of diplomas, certificates and other evi- dence of qualifications of a national of a Member State established by the Council for Human and Social Development and by the Caribbean Community Accreditation Agency.
(2) Where there is a conflict between the rules made by the Council or the Caribbean Community Accreditation Agency and the standards or measures established by the Council for Human and Social Development for adoption in a Member State, the latter shall prevail.

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Column 1 ENACTMENT Column 2 AMENDMENT by the Caribbean Community Accreditation Agency the latter shall prevail.

28.

Notwithstanding anything to the con- trary in this Act or any other law, the provi- sions of this Act shall apply equally and with- out discrimination to citizens of Antigua and Barbuda and a national of a Member State.” Equal applica- tion of the Act to citizens and a national of a Member State.
(5) insert immediately after the Third Schedule the follow- ing— “FOURTH SCHEDULE Member States (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) Barbados Belize Commonwealth of Dominica Grenada Guyana Jamaica St. Christopher and Nevis Saint Lucia Saint Vincent and the Grenadines Suriname Trinidad and Tobago.” In the Act— Franchises (Registration and Control) Act Chapter 182a (1) In Section 2, insert in their appropriate alphabetical order the following— “Member State” means a Member State of the Caribbean Community or the Organisation of Eastern Caribbean States listed in the Second Schedule; “national” means a person who— (a) is a citizen of a Member State; No.
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21 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT (b) (c) has a connection with a Member State of a kind which entitles that person to be regarded as be- longing to or, if it be so expressed, as being a na- tive or resident of that Member State for the pur- poses of the laws of that Member State relating to immigration; or is a company or other legal entity constituted in a Member State in accordance with the laws of that Member State and which that Member State re- gards as belonging to it, if that company or other legal entity has been formed for gainful purposes and has its registered office and central adminis- tration, and carries on substantial activity within the Community and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); For the purposes of this definition, a company or other legal entity is— (i) (ii) substantially owned if more than 50 percent of the equity interest in the company or en- tity is beneficially owned by a person men- tioned in paragraphs (a) and (b); effectively controlled if the persons men- tioned in paragraphs (a) and (b) have the power to name a majority of its directors or otherwise legally to direct it actions.
(2) In Section 3— In subsection (1) (b), insert “or a national of a Member State” after “citizen”.

In subsection (2) (b), insert “or a national of a Member State” after “citizen”.

(3) Insert immediately after section 21 the following— ANTIGUA AND BARBUDA 22 The Caribbean Community (Movement of Factors) Act, 2006.

No.

3 of 2006.

Column 1 ENACTMENT Column 2 AMENDMENT ”Act to apply equally to a na- tional of a Mem- ber State.
22.Notwithstanding anything to the con- trary in any other law, the provisions of this Act shall apply equally and without discrimi- nation to citizens of Antigua and Barbuda and a national of a Member State.”.
(4) Insert “First” before “Schedule” and insert immediately after the First Schedule the following— “SECOND SCHEDULE Member States Barbados Belize (i) (ii) (iii) Commonwealth of Dominica (iv) Grenada (v) Guyana (vi) Jamaica (vii) St. Christopher and Nevis (viii) Saint Lucia (ix) (x) (xi) Trinidad and Tobago.” Saint Vincent and the Grenadines Suriname Insurance (Licence) Act Chapter 220 In the Act— (1) In Section 2, insert in their appropriate alphabetical order the following— “Member State” means a Member State of the Caribbean Community or the Organisation of Eastern Caribbean States listed in the Second Schedule; “national” means a person who— (a) is a citizen of a Member State; No.
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23 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT (b) (c) has a connection with a Member State of a kind which entitles that person to be regarded as be- longing to or, if it be so expressed, as being a na- tive or resident of that Member State for the pur- poses of the laws of that Member State relating to immigration; or is a company or other legal entity constituted in a Member State in accordance with the laws of that Member State and which that Member State re- gards as belonging to it, if that company or other legal entity has been formed for gainful purposes and has its registered office and central adminis- tration, and carries on substantial activity within the Community and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); For the purposes of this definition, a company or other legal entity is— (i) (ii) substantially owned if more than 50 percent of the equity interest in the company or en- tity is beneficially owned by a person men- tioned in paragraphs (a) and (b); effectively controlled if the persons men- tioned in paragraphs (a) and (b) have the power to name a majority of its directors or otherwise legally to direct it actions;”.
(2) In Section 8 (1), insert “or who is a national of a Member State” after “Antigua and Barbuda” where the latter first occurs.

(3) In Section 14 (1), insert “or who is a national of a Member State” after “Antigua and Barbuda” where the latter first oc- curs.

(4) Insert immediately after section 30 the following— ANTIGUA AND BARBUDA 24 The Caribbean Community (Movement of Factors) Act, 2006.

No.

3 of 2006.

Column 1 ENACTMENT Column 2 AMENDMENT “Amendment of Schedule.

31.
31.

The Minister may by Order subject to affirmative resolution amend the Schedule.

Application to a citizen and a na- tional of a Mem- ber State.

32.
Notwithstanding anything to the con- trary in any other law, the provisions of this Act shall apply equally and without discrimi- nation to a citizen of Antigua and Barbuda and a national of Member State.” (5) Insert “First” before “Schedule” and insert immediately after the First Schedule the following— “SECOND SCHEDULE Member States (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) Barbados Belize Commonwealth of Dominica Grenada Guyana Jamaica St. Christopher and Nevis Saint Lucia Saint Vincent and the Grenadines Suriname Trinidad and Tobago.” Nurses Registration Act Chapter 296 In the Act— (1) Insert after section 1 the following— “Interpretation 1A.
“Caribbean Community Accreditation Agency” means the agency established un- der the Caribbean Community Accreditation Agreement; “Council for Human and Social Develop- ment” means the body of the Caribbean Com- No.

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25 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT munity empowered by Article 35 of the Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy, to establish common standards and measures for accreditation or mutual recognition of diplomas, certificates and other evidence of qualification of na- tionals of CARICOM Member States; “Member State” means a Member State of the Caribbean Community or the Organisation of Eastern Caribbean States listed in the Second Schedule; “national” means a person who— (a) is a citizen of a Member State; (b) (c) has a connection with a Member State of a kind which entitles that person to be regarded as belonging to or, if it be so expressed, as being a native or resi- dent of that Member State for the pur- poses of the laws of that Member State relating to immigration; or is a company or other legal entity con- stituted in a Member State in accor- dance with the laws of that Member State and which that Member State re- gards as belonging to it, if that com- pany or other legal entity has been formed for gainful purposes and has its registered office and central admin- istration, and carries on substantial activity within the Community and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); ANTIGUA AND BARBUDA 26 The Caribbean Community (Movement of Factors) Act, 2006.
No.

3 of 2006.
Column 1 ENACTMENT Column 2 AMENDMENT For the purposes of this definition, a company or other legal entity is— (i) substantially owned if more than 50 percent of the equity interest in the company or entity is ben- eficially owned by a person mentioned in paragraphs (a) and (b); effectively controlled if the persons men- tioned in paragraphs (a) and (b) have the power to name a majority of its directors or otherwise legally to direct it actions.” (2) insert immediately after section 4 the following— “Adoption of common Carib- bean Community standards.
4.

(A) (1) In making any rules under this Act the Council shall adopt the common standards and measures for accreditation and for the mutual recognition of diplomas, certificates and other evidence of qualifica- tions of a national of a Member State estab- lished by the Council for Human and Social Development or by the Caribbean Commu- nity Accreditation Agency.
(2) Where there is a conflict between the rules made by the Council or the Caribbean Community Accreditation Agency and the standards or measures established by the Council for Human and Social Development for adoption in a Member State, the latter shall prevail.

(3) Where there is a conflict between the rules made by the Council and any rule made by the Caribbean Community Accreditation Agency for adoption in a Member State, the latter shall prevail.” No.

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3 of 2006.

The Caribbean Community (Movement of Factors) Act, 2006.

27 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT (3) In Section 7 (1), insert “or a Member State” after “United Kingdom”.

(4) In the Act — Insert immediately after section 10 the following— ”Equal applica- tion of Act to a citizens and a na- tional of a Mem- ber State 11.
(1) A national of a Member State who is registered as a nurse under this Act, shall not require a work permit, a visa or other immigration permit to enter or remain in Antigua and Barbuda for the purpose of practicing as a nurse.

(2) Subsection (1) applies notwithstand- ing anything to the contrary in any other law.
(3) Notwithstanding anything to the con- trary in any other law, the provisions of this Act shall apply equally and without discrimi- nation to citizens of Antigua and Barbuda and a national of a Member State.” (5) In the Act — insert the word “First” before “Schedule” and insert immedi- ately after the First Schedule the following— “SECOND SCHEDULE Member States (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Barbados Belize Commonwealth of Dominica Grenada Guyana Jamaica St. Christopher and Nevis Saint Lucia ANTIGUA AND BARBUDA 28 The Caribbean Community (Movement of Factors) Act, 2006.
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Column 1 ENACTMENT Column 2 AMENDMENT (ix) (x) (xi) Saint Vincent and the Grenadines Suriname Trinidad and Tobago.” Stamps Act Chapter 410 In the Schedule to the Act under the heading, “LOANS TO NON-CITIZENS” insert immediately after paragraph (b) the following— “(c) Paragraphs (a) and (b) shall not apply to a na- tional of a CARICOM Member State who is seek- ing to establish a right under the revised Treaty of Chaguaramas or the Caribbean Community (Move- ment of Factors) Act, 2006.” Antigua and Barbuda Labour Code Chapter 27 In the Act— (1) In Section F2, insert in their appropriate alphabetical order the following— “Member State” means a Member State of the Caribbean Com- munity or the Organisation of Eastern Caribbean States listed in the Fourth Schedule; “national” means a person who— (a) is a citizen of a Member State; (b) (c) has a connection with a Member State of a kind which entitles that person to be regarded as be- longing to or, if it be so expressed, as being a na- tive or resident of that Member State for the pur- poses of the laws of that Member State relating to immigration; or is a company or other legal entity constituted in a Member State in accordance with the laws of that Member State and which that Member State re- gards as belonging to it, if that company or other legal entity has been formed for gainful purposes No.
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29 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT and has its registered office and central adminis- tration, and carries on substantial activity within the Community and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); For the purposes of this definition, a company or other legal entity is— (i) (iii) substantially owned if more than 50 percent of the equity interest in the company or en- tity is beneficially owned by a person men- tioned in paragraphs (a) and (b); effectively controlled if the persons men- tioned in paragraphs (a) and (b) have the power to name a majority of its directors or otherwise legally to direct it actions;”.
(2) In Section F3, reletter paragraph (g) as (h) and insert immediately after paragraph (f) the following— “(g) a national of a Member State;” (3) insert immediately after the Third Schedule the follow- ing— “FOURTH SCHEDULE Member States (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Barbados Belize Commonwealth of Dominica Grenada Guyana Jamaica St. Christopher and Nevis Saint Lucia Saint Vincent and the Grenadines Suriname ANTIGUA AND BARBUDA 30 The Caribbean Community (Movement of Factors) Act, 2006.
No.

3 of 2006.
Column 1 ENACTMENT Column 2 AMENDMENT (xi) Trinidad and Tobago.” Immigration and Passport Act In the Act— Chapter 208 the following— (1) In Section 2 insert in their appropriate alphabetical order “Member State” means a Member State of the Caribbean Community or the Organisation of Eastern Caribbean States listed in the Schedule; “national” means a person who— (a) is a citizen of a Member State; (b) (c) has a connection with a Member State of a kind which entitles that person to be regarded as be- longing to or, if it be so expressed, as being a na- tive or resident of that Member State for the pur- poses of the laws of that Member State relating to immigration; or is a company or other legal entity constituted in a Member State in accordance with the laws of that Member State and which that Member State re- gards as belonging to it, if that company or other legal entity has been formed for gainful purposes and has its registered office and central adminis- tration, and carries on substantial activity within the Community and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); For the purposes of this definition, a company or other legal entity is— (i) substantially owned if more than 50 percent of the equity interest in the company or en- No.
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The Caribbean Community (Movement of Factors) Act, 2006.

31 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT tity is beneficially owned by a person men- tioned in paragraphs (a) and (b); (ii) effectively controlled if the persons men- tioned in paragraphs (a) and (b) have the power to name a majority of its directors or otherwise legally to direct it actions;”.
(2) In Section 9, reletter paragraph (e) as paragraph (f) and insert immediately after paragraph (d) the following— “(e) a national of a “Member State” seeking to enjoy a right conferred under the Revised Treaty of Chaguaramas or the Caribbean Community (Move- ment of Factors) Act, 2006.”.

(3) insert immediately after section 41 the following— ”Amendment of Schedule.

42.
42.

The Minister may by Order subject to affirmative resolution of the House amend the Schedule.” (4) insert immediately after section 42 the following— “SCHEDULE Member States (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Barbados Belize Commonwealth of Dominica Grenada Guyana Jamaica St. Christopher and Nevis Saint Lucia Saint Vincent and the Grenadines ANTIGUA AND BARBUDA 32 The Caribbean Community (Movement of Factors) Act, 2006.

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3 of 2006.

Column 1 ENACTMENT Aliens Restrictions Act Chapter 16 Column 2 AMENDMENT (x) (xi) Suriname Trinidad and Tobago.”.

In the Act— (1) Insert immediately after section 3 the following— Application 4.

(1) .This Act shall not apply to a national of a Member State.
(2) In this Act— (a) “Member State” means a Member State of the Caribbean Community or the Organisation of Eastern Caribbean states listed in the Schedule; (b) “national” means a person who— (i) (ii) is a citizen of a Member State; has a connection with a Member State of a kind which entitles that person to be regarded as belonging to or, if it be so expressed, as being a native or resident of that Member State for the purposes of the laws of that Member State relating to immigration; or (iii) is a company or other legal entity constituted in a in Member State No.
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33 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT accordance with the laws of that Member State and which that Member State regards as belonging to it, if that company or other legal entity has been formed for gainful purposes and has its registered office and central administration, and carries on substantial the activity within Community is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); and For the purposes of this definition, a company or other legal entity is— substantially owned if more than 50 percent of the equity interest in the company or entity is beneficially owned by a person mentioned in paragraphs (a) and (b); effectively controlled if the persons mentioned in paragraphs (a) and (b) have the power to name a majority of its directors or (i) (ii) ANTIGUA AND BARBUDA 34 The Caribbean Community (Movement of Factors) Act, 2006.
No.

3 of 2006.

Column 1 ENACTMENT Column 2 AMENDMENT otherwise legally to direct it actions.” Amendment of Schedule 5.

The Minister may by Order subject to affirmative resolution amend the Schedule.” (2) Insert immediately after section 5 the following— “SCHEDULE Member States (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) Barbados Belize Commonwealth of Dominica Grenada Guyana Jamaica St. Christopher and Nevis Saint Lucia Saint Vincent and the Grenadines Suriname Trinidad and Tobago.”.
Architects (Registration) Act Chapter 34 In the Act— (1) In Section 2 insert in their appropriate alphabetical order the following— “Council for Human and Social Development” means the body of the Caribbean Community empowered by Article 35 of the Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy to establish common standards and measures for accreditation or mutual recognition of No.

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35 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT diplomas, certificates and other evidence of qualification of nationals of CARICOM Member States; “Member State” means a Member State of the Caribbean Community or the Organisation of Eastern Caribbean States listed in the Second Schedule; “national” means a person who— (a) is a citizen of a Member State; (b) (c) has a connection with a Member State of a kind which entitles that person to be regarded as belonging to or, if it be so expressed, as being a native or resident of that Member State for the purposes of the laws of that Member State relating to immigration; or is a company or other legal entity constituted in a Member State in accordance with the laws of that Member State and which that Member State regards as belonging to it, if that 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 is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); For the purposes of this definition, a company or other legal entity is— (i) substantially owned if more than 50 percent of the equity interest in the company or entity ANTIGUA AND BARBUDA 36 The Caribbean Community (Movement of Factors) Act, 2006.
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Column 1 ENACTMENT Column 2 AMENDMENT is beneficially owned by a person mentioned in paragraphs (a) and (b); (ii) effectively controlled if the persons mentioned in paragraphs (a) and (b) have the power to name a majority of its directors or otherwise legally to direct it actions;”.
(2) In Section 5 (1) substitute the words “; and” for the full stop occurring at the end of paragraph (c) and insert immediately after paragraph (c) the following— “(d) he is a national of a Member State.” (3) In Section 8 (b) insert “not being a Member State” after “country”.
(4) Insert the word “First” before “Schedule” and insert immediately after the First Schedule the following— “SECOND SCHEDULE Member States (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) Barbados Belize Commonwealth of Dominica Grenada Guyana Jamaica St. Christopher and Nevis Saint Lucia Saint Vincent and the Grenadines Suriname Trinidad and Tobago.” In the Act— Caribbean Community Skilled Nationals Act, 1997 (No.

3 of 1997) No.

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37 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT (1) In Section 5, delete “section 14 and” occurring after “sub- ject to” (2) In Section 6, delete “subject to section 14” occurring after “may” (3) In Section 7 (1), delete “and to section 14 “ occurring before “grant”.

(4) In Section 10— (a) (b) in subsection (1), delete “sections 14 and” and insert “section” after “subject to” in subsection (2), delete “section 14 and” occur- ring after “subject to”.
(5) In Section 11 (1) and (2) and Section 12 delete “section 14 and” occurring after “subject to”.

(6) Delete Section 14.
Veterinary Act Chapter 464 In the Act— (1) In section 2 insert in their appropriate alphabetical order the following— “Caribbean Community Accreditation Agency” “means the agency established under the Caribbean Community Accreditation Agreement; “Council for Human and Social Development” means the body of the Caribbean Community empowered by Article 35 of the Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy, to establish common standards and measures for accreditation or mutual recognition of diplomas, certificates and other evidence of qualifica- tion of nationals of CARICOM Member States; ANTIGUA AND BARBUDA 38 The Caribbean Community (Movement of Factors) Act, 2006.
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3 of 2006.
Column 1 ENACTMENT Column 2 AMENDMENT “Member State” means a Member State of the Caribbean Community or the Organisation of Eastern Caribbean States listed in the Third Schedule; “national” means a person who— (a) is a citizen of a Member State; (b) (c) has a connection with a Member State of a kind which entitles that person to be regarded as be- longing to or, if it be so expressed, as being a na- tive or resident of that Member State for the pur- poses of the laws of that Member State relating to immigration; or is a company or other legal entity constituted in a Member State in accordance with the laws of that Member State and which that Member State re- gards as belonging to it, if that company or other legal entity has been formed for gainful purposes and has its registered office and central adminis- tration, and carries on substantial activity within the Community and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); For the purposes of this definition, a company or other legal entity is— (i) (ii) substantially owned if more than 50 percent of the equity interest in the company or en- tity is beneficially owned by a person men- tioned in paragraphs (a) and (b); effectively controlled if the persons men- tioned in paragraphs (a) and (b) have the power to name a majority of its directors or otherwise legally to direct it actions;”.
(2) In Section 11 insert immediately after subsection (1) the following— No.

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39 ANTIGUA AND BARBUDA Column 1 ENACTMENT Column 2 AMENDMENT “(2) A national of a Member State who is registered as a veterinary surgeon under this Act, shall not require a work permit or a visa to enter or remain in Antigua and Barbuda for the purpose of practicing as a veterinary surgeon.
(3) Subsection (1) applies notwithstand- ing anything to the contrary in any other law.”.

(3) Insert after section 20 the following— ”Adoption of common standards by the Council.

21.
21.

(1) In making any regulations under this Act the Board shall adopt the common standards and measures for accreditation and for the mutual recognition of diplomas, certificates and other evidence of qualifica- tions of a national of a Member State estab- lished by the Council for Human and Social Development or by the Caribbean Commu- nity Accreditation Agency.
(2) Where there is a conflict between the rules made by the Board or the Caribbean Community Accreditation Agency and the standards or measures established by the Council for Human and Social Development for adoption in a Member State, the latter shall prevail.

(3) Where there is a conflict between the rules made by the Board and any rule made by the Caribbean Community Accreditation Agency the latter shall prevail.” 22.
Notwithstanding anything to the contrary in any other law, the provisions of this Act shall apply equally and ANTIGUA AND BARBUDA 40 The Caribbean Community (Movement of Factors) Act, 2006.

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Column 1 ENACTMENT Column 2 AMENDMENT Equal application of Act to a national of a Member State.

without discrimination to a citizen of Antigua and Barbuda and a national of a Member State.” Passed by the House of Representatives this 4th day of May, 2006.
Passed by the Senate this 26th day of May, 2006.

D. Giselle Isaac-Arrindell, Speaker.

Hazlyn Francis, President.

Yvonne Henry, Clerk to the House of Representatives.

Yvonne Henry, Clerk to the Senate.

________ Printed at the Government Printing Office, Antigua and Barbuda, by Eric.T.

Bennett, Government Printer — By Authority, 2006.

800—7.06 [ Price $15.20] No.

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The Caribbean Community (Movement of Factors) Act, 2006.
41 ANTIGUA AND BARBUDA ANTIGUA AND BARBUDA 42 The Caribbean Community (Movement of Factors) Act, 2006.

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43 ANTIGUA AND BARBUDA ANTIGUA AND BARBUDA 44 The Caribbean Community (Movement of Factors) Act, 2006.

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45 ANTIGUA AND BARBUDA ANTIGUA AND BARBUDA THE CARIBBEAN COMMUNITY (MOVEMENT OF FACTORS) ACT, 2006 Sections ARRANGEMENT OF SECTIONS PART 1 PRELIMINARY Short title and commencement Interpretation Application of this Act Rights of nationals of a Member State in respect of establishment, services and capital Removal and notification of removal of restrictions on establishment, services and capital Schedule Prohibition of new restrictions PART II THE RIGHT OF ESTABLISHMENT Treatment of monopolies Programme to remove restrictions on establishment.
Minister to adopt safeguard measures Management of removal of restrictions on the rights of establishment PART III THE RIGHT TO PROVIDE SERVICES Programme to remove restrictions Collateral activities by service providers Management of removal of restrictions on right to provide a service.
PART IV THE RIGHT TO MOVE CAPITAL Prohibition of new restrictions on the movement of capital Removal of restrictions on capital movements Authorisation to facilitate movement of capital Coordination of foreign exchange policies and information exchange PART V SAFEGUARD MEASURES Restrictions to safeguard balance of payments Incidence and notification of restrictions Consultations for the removal of restrictions 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.


22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

Restrictions to resolve difficulties arising from the exercise of rights.

Conditions for the application of restrictions Permissible restrictions Non-discrimination applying permissible restrictions.
General exceptions to the obligation to remove restrictions Security exceptions to obligation to remove restrictions PART VI GENERAL Determinations of organs and bodies of the Community to be carried out Implementation of Community Standards Right to appeal to Minister for speedy review of decision of a functionary Offences against this Act.

Regulations First Schedule Second Schedule