G/SCM/N/284/ATG, G/SCM/N/290/ATG  
G/SCM/N/299/ATG, G/SCM/N/315/ATG  
 
7 May 2018 
(18-0000) Page: 1/12 
Committee on Subsidies and Countervailing Measures  Original: English  
 
SUBSIDIES  
NEW AND FULL NOTIFICATION PU RSUANT TO ARTICLE XV I:I OF 
THE GATT 1994 AND  ARTICLE 25 OF THE AG REEMENT ON  
SUBSIDIES AND COUNTE RVAILING MEASURES  
TRANSPARENCY NOTIFIC ATION CONCERNING THE  EXTENSIONS PROVIDED FOR IN ARTICLE 27.4 
OF THE AGREEMENT ON SUBSIDIES AND COUNTE RVAILING MEASURES OF  THE TRANSITION 
PERIOD FOR THE ELIMI NATION OF EXPORT SUBSIDIES , GRANTED PURSUANT T O 
THE PROCEDURES IN THE GENERAL C OUNCIL DECISION WT/L /691 
ANTIGUA AND BARBUDA  
The following communication dated 25 April 2018  is being circulated at the request of the 
Delegation of Antigua and Barbuda . 
 
_______________  
I. 2014 
Pursuant to the procedures contained in the General Council Decision in document WT/L/691, 
Antigua and Barbuda hereby submits the following notification for 2014 to enable the Committee 
to conduct its annual review of compliance of the standstill and transparency requirements as 
under the decision.  
In accordance w ith the procedures contained in the General Council document G/SCM/6/Rev.1, 
concerning notification requirements of 2 (a), Antigua and Barbuda wishes to inform that no new 
legislation have been created since the repealing of the  Fiscal Incentives Act CAP 172 of 1975 
in 2012, which was done in advance of the 2015 deadline. With respect to the Free Trade and 
Processing Zone Act No. 12 of 1994, it is maintained and there continues to be no beneficiaries 
under this programme.  
Please be informed, that not all e lements of the notified programmes, including subsidies provided 
hereunder, necessarily involve export subsidies.  
Antigua and Barbuda wishes to reiterate that, in keeping with Article 25.7 of the Agreement on 
Subsidies and Countervailing Measures, this no tification does not prejudice its legal status under 
the GATT 1994 or the said Agreement, its effects under the Agreement or the nature of the 
programme or measure; furthermore, notification of a programme or measure does not prejudice 
its actionable or no n-actionable nature.  G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
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  PROGRAMME  
Free Trade and Processing Zone Act No. 12 of 1994  
1. Description of the programme  
Free Trade and Processing Zone Act is an Act to attract foreign and local private investment and 
capital for various Manufacturing and Service entities.  
2. Period covered by the notification  
1 July 2013 - 30 June 2014  
3. Policy objective and/ or purpose of the subsidy  
To attract private investors who will contribute to the growth and development of the informatics 
and telecommunications r elated services. In addition, to attract investment in Pharmaceutical and 
other light manufacturing industries.  
4. Background and authority for the subsidy  
Background  
The promotion of private investment is an integral part of the development plan of Antigua and 
Barbuda as we continue to diversify production and reduce our reliance on tourism and promote 
establishment of certain manufacturing and services entities in Ant igua and Barbuda.   
Authority  
Free Trade and Processing Zone Act Cap No. of 1994.  
5. Form of Subsidy  
The Free Trade and processing Zone Act provides relief from taxes in the following ways:  
(a) Exemption from the payment of Custom Duty, Consumption and oth er taxes on the 
importation of machinery, equipment, spare parts, and construction materials and other 
items needed to construct and operate facilities within the FTPZ;  
(b) Exemption from the payment of Custom Duty, Consumption and other taxes on the 
impor tation of raw materials and other goods to be incorporated in the products produced or 
assembled within the FTPZ;  
(c) Exemption from the payment of income and other taxes of any kind other than Social 
Security, Medical Benefits and the Education Levy on th e earnings accruing to any person by 
virtue of accruing to any persons by virtue of carrying on his/her employment in any 
industrial or commercial activity within the FTPZ;  
(d) Exemption from the payment of export taxes or levies on the exportation from th e FTPZ to 
any place outside of Antigua and Barbuda of any goods, or articles produced or 
manufactured in the FTPZ;  
(e) Exemption from the payment of taxes of any kind on the repatriation of profits earned in the 
Zone; and  
(f) Exemption from the payment of  taxes or levies imposed by the Government in respect of 
any Industrial or Commercial activity being carried out within the FTPZ.  G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
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  In order to obtain a licence to operate in the FTPZ, an application must be submitted on the 
prescribed Form to the Commission er.  The Commissioner will submit this application to the 
Commission for examination and approval.  
The decision to grant a licence is based on a number of considerations:  
1. The level of investment;  
2. Employment generation capacity of the project;  
3. Foreign exchange generation of the project;  
4. Technological adaptability and transfer possibilities; and  
5. Environmental impact.  
The Licence fee ranges between US$10,000 and US$20,000 and is not dependant on the size of 
the project.  
6. To whom and how the subsidy is provided  
Incentives to operate an entity in the Free Trade and Processing Zone are granted to private 
investors both foreign and local to facilitate the development of industries, in particular certain 
manufacturing and services entities.  
7. Subsidy per unit  
No statistical information is available since the first entity was not granted a licence to 
manufacture in the FTPZ until the last quarter of 2001.  To date, the company never commenced 
operation.  
8. Duration of Subsidy  
The programme was set up in 1994.  However, the first licence granted to a manufacturing entity 
to operate in the FTPZ was not issued until the last quarter of 2001.  
9. Statistical data on the impact of the Programme   
(a) As noted above, the first licence  granted to a manufacturing entity to operate in the Free 
Trade and Processing Zone was not issued until the last quarter of 2001. To date, the 
company never commenced operation.  
(b) Description of the domestic procedures necessary to eliminate export subs idies 
Antigua and Barbuda wishes to inform that amendments in this area are ongoing and will be 
advanced by the 2015 deadline.  
THE FREE TRADE AND PROCESSING ZONE  
AREA ACT, 1994  
ARRANGEMENT OF SECTIONS  
Section  
1. Short title.  
2. Interpretation.  
3. Establis hment of Commission.  
4. Seal and procedure for sealing documents.  
5. Acquisition of land for free trade and processing zone.  G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
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  6. Declaration of a free trade and processing zone.  
7. Functions and powers of the Commission.  
8. Composition and administration o f the Commission.  
9. Meetings and procedures of the Commission.  
10. Appointment and duties of Commissioner.  
11. Procedure for application and grant of licence.  
12. Licences.  
13. Commission not to approve unlawful activity.  
14. Incentives to licensed indust ries. 
15. Conditions for employment in free trade and processing zone.  
16. Licensee to comply with the Act or Regulation etc.  
17. Environmental protection.  
18. Movement of goods in and out of free trade and processing zone.  
19. Establishment of customs post in free trade and processing zone.  
20. Commission to charge royalties.  
21. Investments.  
22. Reserve fund.  
23. Accounts and audit.  
24. Law and legal proceedings.  
25. Preservation of secrecy and nondisclosure of information to unauthorized person.  
26. Annual Report.  
27. Regulation.  
 
  G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
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  II. 2015  
Pursuant to the procedures contained in the General Council Decision in document WT/L/691, 
Antigua and Barbuda hereby submits the following notification for 2015 to enable the Committee 
to conduct its annual review of compliance of the standstill and trans parency requirements as 
under the decision.  
In accordance with the procedures contained in the General Council document G/SCM/6/Rev.1, 
concerning notification requirements of 2 (a), Antigua and Barbuda wishes to inform the passing of 
a new legislation ent itled the Special Economic Zone Act, No.17 of 2015 published and officially 
gazette Vol.XXXV No. 65 dated 5 November, 2015.  
Antigua and Barbuda wishes to reiterate that, in keeping with Article 25.7 of the Agreement on 
Subsidies and Countervailing Measures , this notification does not prejudice its legal status under 
the GATT 1994 or the said Agreement, its effects under the Agreement or the nature of the 
programme or measure; furthermore, notification of a programme or measure does not prejudice 
its actiona ble or non -actionable nature.  
PROGRAMME  
Special Economic Zone Act 2015  
1. Description of the programme  
Special Economic Zone Act is an Act to attract foreign and local private investments and 
technology in the areas of industrial, commercial and financia l services entities.  
2. Period covered by the notification  
1 July 2014 - 30 June 2015  
3. Policy objective and/ or purpose of the subsidy  
To act as an economic development tool for the promotion of economic growth by using support 
measures to attract target ed foreign and domestic investments and technology.  
4. Background and authority for the subsidy  
Background  
The promotion of private investment is an integral part of the development plan of Antigua and 
Barbuda as we continue to diversify production and reduce our reliance on tourism through the 
establishment of certain industrial, commercial and financial servi ces entities in Antigua and 
Barbuda facilitating public and private sector participation in a competitive and attractive 
environment for the promotion of economic development and the creation of jobs.  
Authority  
Special Economic Zone Act, No. 17 of 2015.  
5. Form of Subsidy  
The Special Economic Zones Act provides measures of support in the following ways:  
(1) The Minister may determine and implement support measures, including incentive schemes 
for businesses operating within Special Economic Zones;  
(2) The Minister may, with the concurrence of the Minister of any relevant government Ministry, 
design and administer support measures or other support programmes necessary, including G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
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  incentive schemes, to support the development and operation of different categor ies of 
Special Economic Zones.  
A private entity, a public entity, or a public -private partnership, may apply to the Minister in the 
form and manner prescribed by regulation for a specified area to be designated as a Special 
Economic Zone:  
 
 In its applicati on, the applicant must demonstrate that the designation of the area as a 
Special Economic Zone will further the government’s industrial development objectives 
and must specify the extent to which the designation seeks to — (a) achieve the 
provisions of sect ion 5(2);  
 be consistent with any applicable national policies and laws; and comply with prescribed 
criteria;  
 The applicant must — (a) have sufficient access to financial resources and expertise for 
the development, operation, management and administration of a Special Economic 
Zone;  
 submit to the Minister a comprehensive feasibility study;  
 indicate the extent to which it owns or controls the area to be considered for designation 
as a Special Economic Zone; and  
 in the case of a public -private partnership,  indicate its ownership structure through the 
submission of a shareholders’ agreement, indicating shareholding, percentages of 
shareholding, requirements for transfer of shares and requirements for the distribution 
of assets upon liquidation;  
 The Advisory Board must — consider the application;  
 recommend to the Minister whether or not the area is suited to be designated as a 
Special Economic Zone;  
 The Advisory Board may request further information and documents from the applicant 
for the purposes of conside ring the application;  
 The Minister may, after considering the recommendation of the Advisory Board and 
satisfying himself that the area indicated in the application is in compliance with the 
prescribed zone size and any other criteria specified in any reg ulations made under this 
Act, designate the area as a Special Economic Zone by a notice published in the Gazette, 
and issue to the applicant a Special Economic Zone licence; and  
 A licence issued under this section shall include all the incentives and conce ssions 
granted to the license and other entities permitted to operate in the Special Economic 
Zone.  
6. To whom and how the subsidy is provided  
Incentives to operate an entity in the Special Economic Zone are granted to private investors both 
foreign and lo cal, public, or a public -private partnership orientation, to facilitate the development 
of industrial, commercial and financial services entities.  
7. Subsidy per unit  
No statistical information / data is available. YIDA  International Investment Antigua Limited 
in 2015 is the first and only company to date that has been granted a license under the 
aforementioned Act through the Minister in exercise of the powers contained in Section 23, 
Sub Section (6) and (7) of the Spec ial Economic Zone Act, 2015. YIDA is yet to commence 
construction.  G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
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  8. Duration of Subsidy  
Once a license has been granted it is valid for the life of the Special Economic Zone Act.  
9. Statistical data on the impact of the Programme   
As indicated earlier, no statistical information is available since the first entity granted a license 
under the act is yet to commence construction.  
THE SPECIAL ECONOMIC ZONE ACT, 2015  
ARRANGEMENT OF SECTIONS  
Section  
PART I  DEFINITIONS, OBJECTS AND APPLICATION  
1. Short title  and commencement  
2. Interpretation  
3. Objects of Act  
4. Application of Act  
PART II  PURPOSE, POLICY AND STRATEGY OF SPECIAL ECONOMIC ZONES  
5. Purpose of Special Economic Zones  
6. Special Economic Zones policy  
7. Special Economic Zones strategy  
 
PART III  SPECIAL ECONOMIC ZONES ADVISORY BOARD  
8. Establishment of Special Economic Zones Advisory Board  
9. Terms of office of Advisory Board members  
10. Disqualification from membership of Advisory Board  
11. Vacation of office and filling of vacancies on Advisory Board  
12. Functions of Advisory Board  
13. Fiduciary duties of Advisory Board members  
14. Code of good conduct and disclosure of interests by Advisory Board members  
15. Meetings of Advisory Board  
16. Resolution of Advisory Board without meeting  
17. Committees of Advisory Board  
18. Secretariat of Advisory Board  
19. Expenditure, remuneration and allowances paid to members of Advisory Board and 
Committees  
 
PART IV  FINANCING AND SUPPORT MEASURES  
20. Special Economic Zones Fund  
21. Support measures  
22. Implementation protocol  
PART V  DESIGNATION OF SPECIAL ECONOMIC ZONES  
23. Application for designation  
24. Designation of Special Economic Zones  
25. Establishment of the Special Economic Zone Commi ttee  
26. Functions of Special Economic Zone Committee  
27. Strategic plan for Special Economic Zone  
28. Business and financial plan of Special Economic Zone  
29. Reporting and financial statements of Special Economic Zone  G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
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  PART VI  SPECIAL ECONOMIC ZONE O PERATOR  
30. Special Economic Zone Committee  
31. Application for Special Economic Zone operator licence  
32. Requirements for application for Special Economic Zone operator licence  
33. Special Economic Zone operator permit  
34. Assignment of rights and obligations of Special Economic Zone operator permit  
35. Application to locate in Special Economic Zone  
 
PART VII  GENERAL PROVISIONS  
36. Guidelines  
37. Regulations  
  G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
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  III. 2016  
Pursuant to the procedures contained in the General Council Decision in document WT/L/691, 
Antigua and Barbuda hereby submits the following notification for 2016 to enable the Committee 
to conduct its annual review of compliance of the standstill and trans parency requirements as 
under the decision.  
In accordance with the procedures contained in the General Council document G/SCM/6/Rev.1, 
concerning notification requirements of 2 (a), Antigua and Barbuda wishes to inform the passing of 
a new legislation ent itled the Special Economic Zone Act, No.17 of 2015 published and officially 
gazette Vol.XXXV No. 65 dated 5 November 2015.  
Antigua and Barbuda wishes to reiterate that, in keeping with Article 25.7 of the Agreement on 
Subsidies and Countervailing Measures,  this notification does not prejudice its legal status under 
the GATT 1994 or the said Agreement, its effects under the Agreement or the nature of the 
programme or measure; furthermore, notification of a programme or measure does not prejudice 
its actionab le or non -actionable nature.  
PROGRAMME  
Special Economic Zone Act 2015  
1. Description of the programme  
Special Economic Zone Act is an Act to attract foreign and local private investments and 
technology in the areas of industrial, commercial and financial services entities.  
2. Period covered by the notification  
1 July 2015 - 30 June 2016  
3. Policy objective and/ or purpose of the subsidy  
To act as an economic development tool for the promotion of economic growth by using support 
measures to attract targeted  foreign and domestic investments and technology.  
4. Background and authority for the subsidy  
Background  
The promotion of private investment is an integral part of the development plan of Antigua and 
Barbuda as we continue to diversify production and redu ce our reliance on tourism through the 
establishment of certain industrial, commercial and financial services entities in Antigua and 
Barbuda facilitating public and private sector participation in a competitive and attractive 
environment for the promotion  of economic development and the creation of jobs.  
Authority  
Special Economic Zone Act, No. 17 of 2015.  
5. Form of Subsidy  
The Special Economic Zones Act provides measures of support in the following ways:  
(1) The Minister may determine and implement support measures, including incentive schemes 
for businesses operating within Special Economic Zones;  
 
(2) The Minister may, with the concurrence of the Minister of any relevant government Ministry, 
design and administer support measures or other support p rogrammes necessary, including G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
- 10 - 
 
  incentive schemes, to support the development and operation of different categories of Special 
Economic Zones.  
 
A private entity, a public entity, or a public -private partnership, may apply to the Minister in the 
form and man ner prescribed by regulation for a specified area to be designated as a Special 
Economic Zone:  
 
 In its application, the applicant must demonstrate that the designation of the area as a 
Special Economic Zone will further the government’s industrial developm ent objectives 
and must specify the extent to which the designation seeks to — (a) achieve the 
provisions of section 5(2);  
 be consistent with any applicable national policies and laws; and comply with prescribed 
criteria;  
 The applicant must — (a) have suffi cient access to financial resources and expertise for 
the development, operation, management and administration of a Special Economic 
Zone;  
 submit to the Minister a comprehensive feasibility study;  
 indicate the extent to which it owns or controls the are a to be considered for designation 
as a Special Economic Zone; and  
 in the case of a public -private partnership, indicate its ownership structure through the 
submission of a shareholders’ agreement, indicating shareholding, percentages of 
shareholding, req uirements for transfer of shares and requirements for the distribution 
of assets upon liquidation;  
 The Advisory Board must — consider the application;  
 recommend to the Minister whether or not the area is suited to be designated as a 
Special Economic Zone;  
 The Advisory Board may request further information and documents from the applicant 
for the purposes of considering the application;  
 The Minister may, after considering the recommendation of the Advisory Board and 
satisfying himself that the area indicat ed in the application is in compliance with the 
prescribed zone size and any other criteria specified in any regulations made under this 
Act, designate the area as a Special Economic Zone by a notice published in the Gazette, 
and issue to the applicant a S pecial Economic Zone licence; and  
 A licence issued under this section shall include all the incentives and concessions 
granted to the license and other entities permitted to operate in the Special Economic 
Zone.  
6. To whom and how the subsidy is provided  
Incentives to operate an entity in the Special Economic Zone are granted to private investors both 
foreign and local, public, or a public -private partnership orientation, to facilitate the development 
of industrial, commercial and financial services entitie s. 
7. Subsidy per unit  
No statistical information / data is available. YIDA International Investment Antigua Limited in 
2015 is the first and only company to date that has been granted a license under the 
aforementioned Act through the Minister in exercise  of the powers contained in Section 23, Sub 
Section (6) and (7) of the Special Economic Zone Act, 2015. YIDA is yet to commence 
construction.  G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
- 11 - 
 
  8. Duration of Subsidy  
Once a license has been granted it is valid for the life of the Special Economic Zone Act.  
9. Statistical data on the impact of the Programme   
As indicated earlier, no statistical information is available since the first entity granted a license 
under the act is yet to commence construction.  
 
THE SPECIAL ECONOMIC ZONE ACT, 2015  
ARRANGEMENT OF SECTIONS  
Section  
PART I  DEFIN ITIONS, OBJECTS AND APPLICATION  
1. Short title and commencement  
2. Interpretation  
3. Objects of Act  
4. Application of Act  
 
PART II  PURPOSE, POLICY AND STRATEGY OF SPECIAL ECONOMIC ZONES  
5. Purpose of Special Economic Zone s  
6. Special Economic Zones policy  
7. Special Economic Zones strategy  
 
 
PART III  SPECIAL ECONOMIC ZONES ADVISORY BOARD  
8. Establishment of Special Economic Zones Advisory Board  
9. Terms of office of Advisory Board members  
10. Disqualification from mem bership of Advisory Board  
11. Vacation of office and filling of vacancies on Advisory Board  
12. Functions of Advisory Board  
13. Fiduciary duties of Advisory Board members  
14. Code of good conduct and disclosure of interests by Advisory Board members  
15. Meetings of Advisory Board  
16. Resolution of Advisory Board without meeting  
17. Committees of Advisory Board  
18. Secretariat of Advisory Board  
19. Expenditure, remuneration and allowances paid to members of Advisory Board and 
Committees  
 
PART IV  FINANCING AND SUPPORT MEASURES  
20. Special Economic Zones Fund  
21. Support measures  
22. Implementation protocol  
 
PART V  DESIGNATION OF SPECIAL ECONOMIC ZONES  
23. Application for designation  
24. Designation of Special Economic Zones  
25. Establishment o f the Special Economic Zone Committee  
26. Functions of Special Economic Zone Committee  
27. Strategic plan for Special Economic Zone  
28. Business and financial plan of Special Economic Zone  
29. Reporting and financial statements of Special Economic Zone   G/SCM/N/284/ATG • G/SCM/N/290/ATG • G/SCM/N/299/ATG • G/SCM/N/315/ATG  
 
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  PART VI  SPECIAL ECONOMIC ZONE OPERATOR  
30. Special Economic Zone Committee  
31. Application for Special Economic Zone operator licence  
32. Requirements for application for Special Economic Zone operator licence  
33. Special Economic Zone operator permi t  
34. Assignment of rights and obligations of Special Economic Zone operator permit  
35. Application to locate in Special Economic Zone  
PART VII  GENERAL PROVISIONS  
36. Guidelines  
37. Regulations  
 
 
__________