WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO WT/TPR/M/122/Add.2 
12 February 2004 
 (04-0552) 
Trade Policy Review Body 
29 and 31 October 2003 Original:  English/ 
                 anglais/                  inglés 
  
TRADE POLICY REVIEW 
GUYANA 
Minutes of Meeting
 
Addendum  
Chairperson:  H.E. Mrs. Mary Whelan (Ireland) 
 This document contains the advance written questions from Canada, and replies provided by 
Guyana.1 
__________________________________________________________________________________ 
 
Organe d'examen des politiques commerciales 
29 et 31 octobre 2003 
 
EXAMEN DES POLITIQUES COMMERCIALES 
GUYANE 
Compte rendu de la réunion  
Addendum  
Présidente:  S.E.  Mme Mary Whelan (Irlande) 
 
 Le présent document contient les questions écrites communiquées à l'avance par le Canada et les réponses fournies par la Guyane.
1 
__________________________________________________________________________________  
Órgano de Examen de las Políticas Comerciales 
29 y 31 de octubre de 2003  
EXAMEN DE LAS POLÍTICAS COMERCIALES 
GUYANA 
Acta de la reunión
 
Addendum  
Presidenta:  Excma. Sra. Mary Whelan (Irlanda) 
 
 En el presente documento figuran las preguntas presentadas anticipadamente por escrito por Canadá, junto con las respuestas facilitadas por Guyana.
1 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/122/Add.2
 Page 3 
  
ADVANCE WRITTEN QUESTIONS FROM CANADA AND 
REPLIES PROVIDED BY GUYANA 
 Report by the Secretariat (WT/TPR/S/122) 
 
Part II. Trade Policy Regime:  Framework and Obj ectives;  (5) Investment Policy;  (i) Legal, 
Institutional, and Operational Framework;  Paragraph 62 
 
Question 1
 
 We understand that the Government has announced plans to enact an e-commerce law to govern Internet 
trade.  Could Guyana elaborate on its plans, particularly in relation to the areas the law would address?  
Answer
 
 
Yes, the Government has begun to address e-commerce legislation so that internet trade could be 
governed by and adjudicated in a court of law.  The text of the current Draft Legislation is being developed from model UNCITRAL law and Acts and Bi lls of various Caribbean countries.  Areas to be 
addressed in the legislation include: 
 
 a. Legal recognition and functional equivalency of electronic communications’ Signatures,  
  contracts and related matters. 
 b. Intermediaries and e-commerce service providers  c. E-commerce advisory board 
 d. Data protection 
 e. Encryption 
 
Part III. Trade Policies and Practices by Measure;  (1) Introduction;  Paragraph 2 
 
Question 2
 
 
We note that there is a substantial difference between most of your bound and applied rates.  This tends to 
create uncertainty among exporters, importers and poten tial investors.  In the context of the Doha Round, 
what is Guyana’s position with respect to narrowing these gaps? 
 
Answer  
 
The Government does not agree with the statement about ‘uncertainty’ made in the comment.  The 
bindings represent maximum rates and as such Guyana is within its rights to apply any rate within the 
range of zero and the maximum rate.  Second, as a Member State of CARICOM, Guyana is obliged to 
obtain the prior approval of the Council for Tra de and Economic Development (COTED) before it can 
adjust the applied rate above the established CET ra te.  Third, CARICOM countries, individually and 
collectively, are not in a position to resort to the use of subsidies and other non-tariff mechanisms. The 
bound rate is the only mechanism available to our countries to provide some protection against unfair 
trade practices. WT/TPR/M/122/Add.2 
Page 4   
Part III. Trade Policies and Practices by Measure;  (1) Introduction;  Paragraph 3 
 
Question 3
 
 
We are pleased to see that Guyana has a generally transparent tariff structure.  However, we are 
concerned that your numerous import-duty relief schemes might run the danger of undermining this 
transparency.  Could Guyana please provide more details about the various schemes? In particular, we would like to know what mechanisms are in place to ensure both that importers are fully informed about the schemes and that the schemes are administered consistently and transparently. 
 Answer
 
 
Guyana accepts that duty transparency is important to the promotion of trade.  In this context, it has just 
enacted legislation, Fiscal Enactments (Amendment)(No.2) Act 2003, which removes the discretion of the 
President and the Minister of Finance to remit taxes or exempt any goods from the payment of duties and 
taxes or otherwise grant concessions, unless provided for in a tax Act or subsidiary legislation.  Even 
where it is provided for in law, the Act must expressly permit the Minister to provide the remission, concession or waiver.  This Act will improve the transparency and predictability of the tax system, as well as go a far way in levelling the playing field.  Guyana applies the Common External Tariff (CET) in 
conformity with the rules and guidelines of the Tari ff.  Several criteria are used to exempt goods, 
including whether the goods are inputs into manufacturing;  whether the goods appear in the Schedule of 
the CET on Conditional Duty Exemptions;  whether the goods are to be used by the government or in the 
execution of government contracts;  whether goods are imported by charitable organisations for charitable purposes, and whether goods will be used in an approved industry, and hinterland or remote 
area of the country.  It should be noted that each Member State of CARICOM, given its own peculiar 
circumstances and conditions, can use the CET, through additions of items to the Conditional Duty 
Exemption Schedule, to fully or partially exempt goods from duty.  
 
Part III. Trade Policies and Practices by Measure;  (1) Introduction;  Paragraph 4 
 
Question 4
 
 
We are pleased to note that Guyana enacted the GATT Customs Valuation Agreement with effect from 
1 January 1991 and operationalized the system in 1993.  With respect to the use of the “reference price” 
in custom valuation, we would like to point out the following.  Reference prices are usually mentioned in 
the context of risk management, eg, if the declared value is outside the "reference price" range, it can be indicative of a high risk.  This would mean that the customs administration may opt to ask further 
questions for clarification purposes.  Reference values, however, can not be used as the value for duty 
under any of the methods of valuation, including under the "last-resort" method, and is contrary to the 
Agreement's principles.  Would Guyana describe how the customs administration determines the value 
for duty, or what steps are taken, when the decla red value falls outside the range of reference prices? 
Could Guyana describe how their system of risk management works in this regard?  
Answer
 
 
Reference prices are used only in suspected cases of tax evasion, under-invoicing and smuggling.  
Guyana does not have the resources to utilise other methods such as engaging an overseas firm to undertake preshipment inspection.  
  WT/TPR/M/122/Add.2
 Page 5 
  Wherever reference prices are used, it is for guidan ce only.  The importer is requested to provide 
additional information e.g. contracts, methods of payment etc in support of his declared value in order to determine whether the transaction value will be accepted or not.  
With respect to risk management, Guyana does not apply this system.  However efforts are being made to 
adopt this procedure but would require technical assistance in establishing the appropriate institutional 
arrangements.  
Part III. Trade Policies and Practices by Measure;  (1) Introduction;  Paragraph 6 
 
Question 5
 
 
Could Guyana please advise which products are taxed at  a rate higher than 1.5%, and at what rates? 
 
Answer  
 
The products that are taxed above 1.5% are aquarium fish at 5% and shrimp at 10%. 
 
Question 6  
 
We understand that the National Development Strategy called for the repeal of export taxes.  Given that 
the majority of products are exempted, and export taxes contribute relatively little to government revenue, 
what are your reasons for maintaining the tax?  
Answer
 
 
The subject of the export taxes is  under review by the Government. 
 
Part III. Trade Policies and Practices by Measure;  (2) Measures Directly Affecting Imports; 
(i) Procedures;  Paragraph 13 
 
Question 7  
 
We note that customs clearance of goods generally takes up to seven days.  Is there an expedited 
procedure of clearance for such items as perishable goods, emergency or medical supplies, low value 
shipments, etc.?  
Answer
 
 
The Customs Department has a system called Permit for Immediate Delivery which caters for the goods 
of a perishable nature, emergency or medical supplies.  To  utilize this facility the importer has to lodge a 
bond for securing the revenue and is given ten days in which to perfect the transaction.  
Part III. Trade Policies and Practices by Measure;  (2) Measures Directly Affecting Imports; (v) Custom Valuation;  Paragraph 38 
 
Question 8
 
 
We seek clarification with respect to the compliance of Guyana's laws on Customs Valuation.  Indeed, 
Guyana has yet to fulfill its notification obligations under Article 22 of the Agreement on Implementation WT/TPR/M/122/Add.2 
Page 6   of Article VII of the GATT 1994.  We look forward to Guyana's fulfillment of its obligations in the near future, with assistance from the Secretariat as necessary.  We would welcome the opportunity to review Guyana's customs valuation regulations to help us better understand how its valuation system works.  
Answer
 
 
The notification will be submitted to the WTO soon. 
 
Part III. Trade Policies and Practices by Measure;  (2) Measures Directly Affecting Imports; 
(vi) Rules of Origin;  Paragraph  41 
 
Question 9  
 
We note that Guyana "applies only preferential rules of origin, which are those of the CARICOM". 
Presumably, these rules would apply for trade between the CARICOM partners.  How does Guyana treat 
imports from other countries?  Does this mean that Guyana has no rules of origin in place for, or 
applicable to, imports from other countries?  
Answer
 
 
For goods that are granted preferential treatment under specific trade agreements Guyana only applies 
the stated rules of origin.  Otherwise the CARICOM rules of origin are applied. 
 
Part III. Trade Policies and Practices by Measure;  (2) Measures Directly Affecting Imports; 
(xi) Sanitary and Phytosanitary Measures;  Paragraphs 64-67 
 
Question 10  
 
Canada notes that there is no reference to regulatory measures with respect to products derived through 
biotechnology.  We would be interested in any information that can be provided on this matter. 
 
Answer  
 
While Guyana has no regulations of its own, it accepts and uses the guidelines provided by CODEX 
Alimentarius on genetically modified and/or engineered foods. 
 
Part III. Trade Policies and Practices by Measure ;  (4) Measures Affecting Production and Trade; 
(i) Legal Framework for Business Inc. Registration and Licensing 
 
Question 11  
 
Could Guyana describe the existing process for approving foreign investments? 
 
Answer  
 
Guyana has updated the criteria for grant of incentives  and this is contained in the Fiscal Enactments 
(Amendment)(No.2) Act 2003, which was passed by Parliament on August 16, 2003.  This Act amended 
Section 2 of the Income Tax (In Aid of Industry) Act by the substitution of the following: “(1) Notwithstanding anything to the contrary contained in the Income Tax Act or the Corporation Tax Act, it  WT/TPR/M/122/Add.2
 Page 7 
  is hereby provided that the Minister may grant an exemption from Corporation Tax with respect to income from economic activity qualifying under one of the following circumstances:   I. the activity demonstrably creates new employment in (one of four remote geographic)  
  regions; 
 II. the activity is new economic activity in one of the following fields: 
   1. non-traditional agro processing (excluding sugar refining, rice milling and     chicken farming); 
  2. information and communications technology (excluding retail and distribution); 
  3. petroleum exploration, extraction or refining; 
  4. mining exploration, extraction or refining;   5. tourist hotels or eco-tourist hotels.  
(1A) Any exemption from tax granted under this section shall not exceed five years; except that, in the 
case of new economic activity specified in 4, 5, and 6 the Minister may grant an exemption of up to 
10 years.  The Customs Tax Act was also amended to provide for the exemption of goods for projects approved under Criteria I and II above.  
Guyana treats domestic and foreign investors alike with respect to investment.  Guyana offers investors a 
number of incentives that era applied across the board and are available based on an investor meeting 
specific criteria or maki ng certain investments. 
 The emphasis of the current investment policies is to promote the following: 
 
• Employment generation and growth; 
• Increasing exports and foreign exchange earnings; 
• Development of natural resources and Guya na’s comparative advantage in this area; 
• Advance value-added productive activities; 
• Advance the development of the service sector, including tourism with a specific emphasis on 
eco-tourism; 
• Development and transfer of technology;  and 
• Investment and economic development in the hinterland and other depressed and underdeveloped 
areas in the country. 
 
Part III. Trade Policies and Practices by Measure ; (4) Measures Affecting Production and Trade; 
(i) Legal Framework for Business Inc. Registration and Licensing; Paragraph 81 
 
Question 12
 
 
Could Guyana provide an update on the development of the new investment code?  
Answer
 
 
The Investment Code which is now in the form of an investment bill was drafted in consultation with the 
Private Sector to streamline the investment process and to improve its transparency.  The drafting 
process was facilitated by the Private Sector Commission of Guyana and the Guyana Office for 
Investment.  WT/TPR/M/122/Add.2 
Page 8   The draft was submitted for Parliamentary approval and has been sent to a Special Parliamentary Select Committee comprised of representatives from the major political parties. 
 
Part III. Trade Policies and Practices by Measure;  (4) Measures affecting Production and Trade; 
(vi) Intellectual Property Rights;  (a) Overview;  Paragraph 110  Question 13
 
 
Guyana is a signatory to many international instrume nts administered by the World Intellectual Property 
Organization (WIPO), but is not a contracting state to the Patent Law Treaty (PLT).  Does Guyana intend 
to ratify and accede to the PLT when it comes into force, and if so, is there a target date set for such 
ratification?  
Answer
 
 
The Government of Guyana has recently decided to accede to the Patent Cooperation Treaty (PCT), 
which is also administered by WIPO, and is in the pr ocess of updating its Patent Laws in preparation for 
accession.  Consideration would be given to ratification and accession to the PLT at a later date.  
Part III. Trade Policies and Practices by Measure;  (4) Measures affecting Production and Trade; 
(vi) Intellectual Property Rights;  (a) Overview;  Paragraphs 111 and 121 
 
Question 14
 
 
We are aware that Guyana is in the process of updating its legislation on intellectual property rights in 
accordance with the TRIPS Agreement.  To that en d, we understand that Guyana formulated a draft 
Copyright Bill in 1999.  Has a date for its approval by the National Assembly been determined as of yet? 
 
Answer  
 
The draft Copyright Law has not been completed and, therefore, could not have been presented to the 
National Assembly (NA).  As soon as the drafting has been completed, it would be circulated to all 
stakeholders for inputs before a final draft is presented to the NA. 
 
Part III. Trade Policies and Practices by Measure;  (4) Measures affecting Production and Trade; 
(vi) Intellectual Property Rights;  (c) Patents and Industrial Designs; Paragraphs 111 and 115  
Question 15
 
 
Are efforts underway to revise Guyana’s Patents and Designs Act to ensure compliance with the TRIPS 
Agreement?  
Answer
 
 
Yes, efforts are in train for revising and updating Guyana’s Patent and Designs Act to ensure compliance 
with the TRIPS Agreement.  WT/TPR/M/122/Add.2
 Page 9 
  
Part III. Trade Policies and Practices by Measure;  (4) Measures affecting Production and Trade; 
(vi) Intellectual Property Rights;  (e) Other Forms of Intellectual Property;  Paragraph 125 
 
Question 16
 
 It is our understanding that there are currently no laws in Guyana to provide for the protection of layout-
design of integrated circuits, new pl ant varieties or the conservation and sustainable use of biodiversity.  
Is Guyana considering legislation to provide such protection and if so, what are its specific plans?  
Answer
 
 
A decision was taken by Cabinet for the updating of all intellectual property legislations in Guyana, 
including the enacting of legislation for the areas not covered by the current existing intellectual property laws.  In this regard, it is expected that laws for the protection of layout design of integrated circuits and 
the conservation and sustainable use of biodiversity  will be covered by new intellectual property laws. 
 
In the area of biodiversity, a national Committee made up of representatives from various Governmental and Non-governmental Organizations have been working on a set of protocols for the conservation and sustainable use of Guyana’s biodiversity.  The protocols are expected to set the foundation for an Act and 
related regulations.  
 
Part IV. Trade Policy by Sector;  (8) Services;  (ii) Commitments Under International Agreements; 
(a) WTO Commitments;  Paragraph 120 
 
Question 17
 
 
Assuming multilateral talks resume in a timely manner, would Guyana consider submitting an offer 
beyond the 5 sectors that currently appear in its schedule?  If yes, which sectors would Guyana consider binding? 
 
Question 18
 
 
With regards to the movement of natural persons (mode 4), could Guyana explain the criteria used for 
determining which senior management and experts are “not available in the local labour market”?  Would 
the government of Guyana consider eliminating this “economic needs” test in order to promote foreign 
direct investment?  If not, would the government of Guyana consider being more transparent about this requirement in their GATS schedule? 
 
Question 19
 
 
Does Guyana intend to table an offer on financial services in the current round?  
Answer to Questions 17, 18 & 19
 
 These issues are still under consideration by the authorities. WT/TPR/M/122/Add.2 
Page 10   
Part IV. Trade Policy by Sector;  (8) Services;  (iii) Financial services;  (a) Banking Services; 
Paragraph 126 
 
Question 20
 
 According to the Secretariat report, “the Off-Shore Banking Act (Cap. 85:05) was enacted in 1986, but 
[…] has not been applied.” Could Guyana please comment on this statement, and provide some information about why this legislation has not been applied?  
Answer
 
 
Presently, there is no Off-shore Banking Act and this would explain the reason why the legislation was 
not applied.  
Part IV. Trade Policy by Sector;  (8) Services;  (iii) Financial services;  (a) Banking Services; 
Paragraph 128 
 
Question 21
 
 
The Secretariat report notes that “no shareholder is permitted to hold more than 25% of the share of any 
licensed financial institution unless authori zed by the Bank of Guyana…”.  Other than the “fit and 
proper”  test, are there any other criteria the Bank of Guyana considers when determining if a shareholder 
is eligible to hold more than 25% of the shares of a licensed financial institution?  
Answer
 
 
According to the Financial Institutions Act 1995, Section 14(1) A licensed financial institution shall not 
grant to any person, or borrower group, any loan, advance, financial guarantee, or other extension of credit, or incur any other liability on behalf of such person or borrower group, so that the total value of 
the loans, advances, financial guarantees or other extensio ns credit, and other liabilities is at any time, in 
respect of such person, more than twenty-five per cent of its capital base, or in respect of such borrower group, more than forty per cent of its capital base, and where any portion of the total value of loans, 
advances, financial guarantees or other extensions of credit or other liabilities is unsecured, that portion 
shall not exceed ten per cent of its capital base of a person or twenty per cent of its capital base in case of 
a borrower group. 
 Provided, that the preceding limitation shall not apply: 
 
(c)  a loan, advance or other extension of credit which as regards- 
(i)  a person with respect to the portion thereof which exceeds twenty-five per cent; 
(ii) a borrower group with respect to the portion thereof which exceeds forty per cent;  of the licensed financial institution’s fully paid-up and unimpaired capital, is fully collateralised by 
deposits with the financial institution, or by obligations of the Government of Guyana.  WT/TPR/M/122/Add.2
 Page 11 
  
Part IV. Trade Policy by Sector;  (8) Services;  (iii) Financial services;  (a) Banking Services; 
Paragraph 129  Question 22
 
 Could Guyana please explain the rationale for its mode 3 national treatment limitation for “lending of all 
types”, whereby “loans to non-residents need to be approved by the Central Bank of Guyana”?  Could Guyana also explain the established procedure for the Central Bank to approve such loans?  
Answer
 
 
The rationale for the mode 3 national treatment limitation is to monitor FDI and to insure that local 
borrowers are not crowded out of the domestic market for credit by large foreign borrowers who find it advantageous to borrow in a country with a relatively weaker currency.  This is even more relevant 
where Guyana has a very liberal foreign exchange policy.  In addition, the Bank is interested in the risk 
exposure and profile of banks. 
 The Commercial Bank makes a written application to the Minister of Finance (MOF) on the client’s behalf for such loan.  The Ministry of Finance then solicits an opinion on this application from the Bank 
of Guyana.  The decision to grant or not grant the loan rests with the Ministry of Finance.  
 
Part IV. Trade Policy by Sector;  (8) Services;  (iii) Financial services;  (f) Insurance Services; 
Paragraph 143  
Question 23
 
 
The regulatory environment for the insurance services sector was still in process of development as of 
mid 2003.  Would Guyana please comment and provide details on the process of development that is underway?  Are there new regulations or major changes to legislation planned in the near future? 
 
Answer
 
 
The regulation of insurance and occupational pension plans in Guyana is in the process of being 
developed.  The primary legislation, the Insurance Act 1998, governing these was brought into 
commencement on 18 December 2002.  Supporting regulations are in the process of being drafted.  It is 
anticipated that this exercise will be completed in 2005/2006.  Regulations governing the following insurance aspects are expected to be finalised in 2004: 
 
 a. Financial in 2004 
 b. Registration of companies and intermediaries 
 c. Statutory valuation of assets  d. Admissible assets (for statutory solvency assessments)  
Part IV. Trade Policy by Sector;  (8) Services;  (iii) Financial services;  (f) Insurance Services; 
Paragraph 148 
 Question 24
 
 
The Secretariat report outlines a number of investment requirements applicable to insurance companies. 
Could Guyana please explain the policy rationale for these requirements? WT/TPR/M/122/Add.2 
Page 12   
Answer
 
 
There are two types of Investment restrictions; one covers the level of investment that must be made in 
Guyana and the other covers the types of assets that may be used for statutory purposes.  These apply to 
insurance business sold in Guyana and specifically to the statutory funds required for policyholder 
protection.  There are no restrictions on capital or assets not being held for statutory purposes. 
 The rationale behind these requirements are to:  
 a. Encourage capital investment in Guyana’s economy 
 b. Reduce the risk of fluctuations or limit impact on currency exchange implications 
 c. Recognise the limited capacity of the regulator to regulate sophisticated investment    overseas  d. Improve policyholder protection by restricting asset selection for investments made to 
cover policymaker liabilities 
 e. Encourage prudent investment policy. 
 Investment restrictions are fairly common in most territories where insurance is directly regulated. Guyana’s legislation is very similar to many other Caribbean territories on this ground and many other 
countries, where companies are required or encouraged to invest some proportion of their assets in 
prudent and/or local investments. 
 
Part IV. Trade Policy by Sector;  (8) Services;  (iii) Financial services;  (g) Securities and other 
Financial Services;  Paragraph 151 
 
Question 25
 
 
Canada congratulates the successful July 2003 launch of the Guyana Association of Securities Companies and Intermediaries (GASCI), to function in the capacity of a stock exchange and an association of 
securities companies and intermediaries.  Does Guyana intend to schedule commitments in the securities 
sub-sector in the future?  If so, does Guyana have a time frame in mind?  
Answer
 
 
This matter is yet to be considered by the authorities. 
 
Part IV. Trade Policy by Sector;  (8) Servi ces;  (iv) Tourism (a) Market Developments; 
Paragraph 153 
 
Question 26  
 
Canada notes the growing importance of tourism to Guyana's economy.  However, detailed data for this sector is not available.  Would Guyana consider the development of a tourism satellite account to 
highlight the importance of this services industry? 
 
Answer
 
 
Guyana acknowledges the contributions made by Canada in developing the Tourism Satellite Account 
which has become a very important tool in apprising t he contributions of the tourism sector to economies. 
  WT/TPR/M/122/Add.2
 Page 13 
  Guyana is supportive of the Caribbean Tourism Organi sation (CTO) efforts to develop tourism satellite 
accounts.  Currently, data is tracked by the Bank of Guyana under Travel and Tourism, arrivals data are now reported monthly and are up to date.  
Part IV. Trade Policy by Sector;  (8) Services;  (vi) Telecommunications;  (a) Features; 
Paragraphs 174-175 
 
Question 27
 
 
According to the Secretariat report, the Government of Guyana has embarked on a Modernization of the 
Telecommunications Sector Project aimed at establishing a competitive telecommunications sector.  This 
requires an early end to the monopoly by Guyana Telephone and Telegraph Co. Ltd. (GT&T).  The Secretariat report also notes that GT&T is partly owned by Atlantic Tele-Network Inc. (ATN) and by the Government of Guyana, and that negotiations on this i ssue have been stalled by a lawsuit filed by ATN in 
the United States.  Could Guyana update us on the status of the negotiations between the Government and 
ATN/GT&T? 
 
Question 28
 
 
Does the Government of Guyana have any timelines in mind for the elimination of the monopoly by 
GT&T?  
 
Question 29  
 
Could the Government of Guyana elaborate on other pr iorities that have been identified as part of the 
telecommunications project? 
 
Answer (to questions 27, 28 & 29)  
 
The lawsuit which was filed by ATN in the Federal Court in Washington D.C. was dismissed on March 7, 
2003.  The lawsuit had the effect of stalling negotiations between the government and ATN and has had the wider effect of causing the IDB to freeze implement ation of the project.  Following the dismissal of the 
lawsuit, the Government and ATN/GT&T agreed to resume negotiations.  At this time, the Government 
anticipates that the negotiations with ATN/GT&T aimed at legally ending their telecom monopoly and 
enacting new telecom legislation will be accomplished by mid-February 2005. 
 
The Government of Guyana recognises the importance of telecommunications and ICT services generally 
to the future well-being of its citizens.  It is, therefore, in the process of implementing a programme aimed 
at reviewing its policies and approaches to the tel ecommunications sector, with a view to developing a 
new national telecommunications strategy geared towards attaining an early liberalisation of the sector 
and the establishment of the legal infrastructure to permit and foster an open, competitive sector.  This programme is expected to be executed by mid February, 2005.  One of the goals of the programme involves improving undertakings at the multilateral level. WT/TPR/M/122/Add.2 
Page 14   
Part IV. Trade Policy by Sector;  (8) Services;  (vi) Telecommunications;  (a) Features; 
Paragraph 176 (and Paragraph 4 at Page 63)  Question 30
 
 
The Secretariat Report notes that the provision of non-landline services, such as cellular telephony, is 
open to domestic and foreign competition.  However, providers of cellular service are required to interconnect with GT&T (the main operator in this area) for international service.  Does Guyana foresee eliminating the requirement for interconnection with GT &T for long distance services, in the context of 
the Modernization of the Telecommunications Sector Project or otherwise?  
Answer
 
 
See answer to questions 27, 28 & 29 above. 
 
A material part of the current Modernisation of Telecommunications Sector Project involves negotiating 
an early end to the GT&T monopoly with respect to international voice and data transmission services, thereby permitting the licensing of the cellular providers to operate their own international gateways.  At this time, the Government anticipates that the negotia tions with ATN/GT&T aimed at legally ending their 
telecom monopoly and enacting new telecom legisl ation will be accomplished by mid-February 2005. 
 
Part IV. Trade Policy by Sector;  (8) Services;  (vi) Telecommunications;  (b) Regulation; 
Paragraph 178  
Question 31
 
 
We understand that the Telecommunications Act (1990) requires licenses for the provision of 
telecommunications or cable programming services and that it sets out, among other things, the procedures for the granting of such licences.  Are the criteria used in this process mentioned in the Act 
and if so, what are they? 
 
Answer
 
 
The 1990 Telecommunications Act does not explicitly set out the criteria to be used in the process of 
granting licenses under the act.  Under the current Mo dernisation of Telecommunications Sector Project, 
new legislation will be enacted to inter alia establish, as far as possible, clear criteria with respect to licensing of operators.  At this time, the Government anticipates the new legislation would be enacted by 
mid-February 2005. 
 
Question 32
 
 
The Secretariat report notes that the term of licenses is determined individually, which suggests that the 
decision is made on a case by case basis.  How are such determinations made?  Does the law, for 
example, provide for considerations or guidelines? 
 
Answer  
 
The current law on this matter is the Telecommunications Act, 1990.  The Act does not address the issue 
of limitations on licence terms or the criteria that  may be used to determine appropriate terms.  However, 
it has been the policy of the Government to, as far as possible, maintain parity with respect to the terms of  WT/TPR/M/122/Add.2
 Page 15 
  telecom licences granted to operators.  As previously noted, under the current Modernisation of Telecommunications Sector Project, new legislation will  be enacted to inter alia establish, as far as 
possible, clear criteria with respect to licensing of operators. 
 
Question 33
 
 
The law also provides for exclusive licenses.  Could Guyana elaborate on the instances in which it would 
grant exclusive licenses?  
Answer
 
 
The Telecommunications Act, 1990 provides that an exclusive licence may be granted in respect of a 
telecommunications system.  Only one such exclusive licence has been issued, that is to Guyana telephone and Telegraph Co. Ltd (GT&T) in 1990.  It is not the policy of the Government to grant exclusive 
telecommunications of any sort.  In fact, under the current Modernisation of Telecommunications Sector 
Project the Government is engaged in formulating new telecommunications policy aimed at fostering an 
open, competitive sector, negotiating an early end to the GT&T exclusive licence and drafting new legislation to encourage and regulate a competitive telecommunications sector.  
Part IV. Trade Policy by Sector;  (8) Services;  (vi) Telecommunications;  (b) Regulation; 
Paragraph 179 
 
Question 34
 
 
The Secretariat report notes that the Telecommunications Act (1990) created the post of Director of 
Telecommunications, with a mandate to regulate technica l aspects of the operations of licensees and to 
develop a telecommunications code.  This post has never been filled.  How is this area being regulated 
now?  Does Guyana still envisage developing a telecommunications code?  
Answer
 
 
The telecommunications sector is currently regulated by the minister under the Telecommunicatiobns Act, 
1990, with respect to licensing ; by the Public Utilities Commission under the Public Utilities 
Commission Act, with respect to tariffs, quality of service and interconnection;  by the National frequency 
Management unit with respect to frequency allocation and management.  At this time Guyana does not 
intend to develop a telecommunications code under the current Telecommunications Act, 1990.  As stated before, the Government has embarked on a Modernisat ion of Telecommunications Sector Project aimed 
at formulating new telecommunications policy aimed at fostering an open, competitive sector, negotiating 
an early end to the GT&T exclusive licence and drafting new legislation to encourage and regulate a 
competitive telecommunications sector. 
 
Part IV. Trade Policy by Sector; (8) Services; (vi) Telecommunications;  (b) Regulation; 
Paragraph 180 
 
Question 35
 
 
We understand that the Government of Guyana issued a consultation paper in 2001 on reform in the telecommunications sector.  It advances an array of i ssues, presenting a pro-competitive vision including 
market-based reforms.  To what extent does the consultation paper advance principles analogous to those 
in the WTO Reference Paper on basic telecommunications services? WT/TPR/M/122/Add.2 
Page 16   
Answer
 
 
The Government’s Consultation Paper on telecommunications reform takes full cognizance of, and fully 
embraces, all of the elements of the WTO Reference Paper on Basic Telecommunications. 
 Part IV. Trade Policy by Sector;  (8) Services;  (vi) Telecommunications;  (c) WTO Commitments; 
Paragraph 182 
 
Question 36
 
 Does Guyana envisage making telecommunications services commitments during the current round of 
GATS negotiations?  If so, does Guyana intend to adopt the Reference Paper on basic telecommunication services?  
Answer
 
 
One objective of the Modernisation of Telecommunications Sector Project is to commit to the WTO to 
have competition in basic telecommunications by 2005 at which time Guyana intends to formally signal that it adopts the WTO Reference Paper on basic telecommunications and make commitments in basic 
telecommunications and computer and related services.  The draft new telecommunications policy fully 
embraces the WTO reference Paper on basic telecom. 
 
Question 37
 
 
Does Guyana envisage making commitments in computer and related services during the current round of 
GATS negotiations? 
 
Answer  
 
One objective of the Modernisation of Telecommunications Sector Project is to commit to the WTO to 
have competition in basic telecommunications by 2005 at which time Guyana intends to formally signal that it adopts the WTO Reference Paper on basic telecommunications and make commitments in basic 
telecommunications and computer and related services. 
 
Report by the Government (WT/TPR/G/122) 
 Part IV. Guyana's Position in a New Round of Multilateral Trade Negotiations:  Challenges and 
Outlook;  Paragraph 30 
 
Question 38
 
 
In the event that multilateral trade talks do not resume in a timely manner, what does Guyana see for the future of its National Trade Strategy?  Specifically, which existing arrangements will receive the most 
emphasis or, will Guyana be seeking new arrangements (regionally or bilaterally)?  WT/TPR/M/122/Add.2
 Page 17 
  
Answer
 
 
Guyana’s membership of the CARICOM integration movement has strengthened its participation in the 
rules-based multilateral trading system under the WTO.  As a small developing and vulnerable country, it 
is extremely important for Guyana to pool its li mited resources and integrate with other regional 
countries to confront the challenges of globalisation and trade liberalisation by devising common 
responses and positions.  
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