WT/REG255/2  
 
4 October  2018 
(18-4788) Page: 1/12 
Committee on Regional Trade Agreements  Original: Spanish /English  
 
 
ECONOMIC PARTNERSHIP  AGREEMENT BETWEEN THE 
CARIFORUM STATES AND  THE EUROPEAN UNION  
(GOODS AND SERVICES ) 
QUESTIONS AND REPLIE S 
 The following communication, dated 11 September  2018, is  being circulated at the 
request  of the delegations of  the European Union and the CARIFORUM States 
(Antigua  and Barbuda,  Bahamas,  Barbados,  Belize,  Dominica,  the Dominican Republic,  Grenada,  
Guyana,  Haiti,  Jamaica,  St. Kitts and Nevis , St. Lucia , St. Vincen t and the Grenadines , Suriname,  
and Trinidad and Tobago).  
 
_______________  
 
 
Questions from the delegation of Argentina  
 
1.1 Under Chapter  7 of the Agreement, which deals with sanitary and phytosanitary 
measures, the parties commit themselves to assisting CARIFORUM in establishing 
harmonized intra -regional sanitary and phytosanitary measures with a view to 
facilitating the recognition of equivalences with the European Union and preventing 
unintended disruptions or barriers to trade. To that end, they commit  themselves to the 
designation of competent regional authorities to ensure the proper implementation of 
sanitary and phytosanitary measures. In addition to the foregoing, the parties agree, in 
the event of a failure to achieve such harmonization or recogni ze equivalences between 
the parties, to establish mechanisms to reduce unnecessary administrative procedures:  
a. Argentina wishes to ask whether the parties have been able to make progress 
on harmonizing the sanitary and phytosanitary standards of CARIFORU M. If so, 
to what extent has this been achieved? And which are the competent reference 
authorities in that regard?  
b. Or, if no progress has been made on sanitary and phytosanitary harmonization 
or normative equivalences between the parties, has it been possible to agree 
on mechanisms to simplify the administrative procedures? And what is the 
nature of any such mechanisms?  
EU and CARIFORUM reply  
 
 The EU has provided technical assistance, as committed in the EPA, via the European 
Commission's "Better Tra ining for Safer Food" (BTSF) programme.  
 
 Some progress was made on sanitary and phytosanitary harmonization or normative 
equivalences. Under the 10th EDF Sanitary and Phytosanitary Measures Project, support was 
provided to the CARIFORUM States for the im plementation of commitments under the Agreement 
in relation to Sanitary and Phytosanitary Measures. The Project provided support to CARIFORUM 
States to review draft International Standards on Phytosanitary Measures (ISPMs). Model Bills 
were also developed in all key areas of plant health, animal health, food safety and fisheries which 
would bring a degree of harmonization of SPS legislation across the Region.  
 
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   Some of the Agriculture Health and Food Safety (AHFS) Groups and Agencies that serve the 
Region  are: The Caribbean Animal Health Network (CaribVET); The Caribbean Plant Health 
Directors (CPHD) Forum; The Coordinating Group of Pesticides Control Boards of the Caribbean 
(CGPC) and The Caribbean Agricultural Health and Food Safety Agency (CAHFSA).  
 
Questions from the delegation of Costa Rica  
 
Trade environment  
 
1.2 Page 4, paragraph 1.1: The Economic Partnership Agreement (EPA) between 
the CARIFORUM  States and the European Un ion (hereinafter referred to 
as CARIFORUM -EU, or "the Agreement" ) is composed of 13 of the 15 member countries 
of CARICOM1, the  Dominican  Republic and the 28  member States of the EU.2 It has been 
provisionally applied since December  2008 and will enter into force once all Parties have 
completed the ratification process . CARIFORUM -EU replaces the trade provisions of 
the Cotonou  Agreement which was signed in 2000, through which the EU granted 
unilateral preferences to African, Caribbean and Pacific (ACP) countries. The Agreement 
was the first EPA to be completed between t he EU and one of the six subregions of 
the ACP and the only one to date to include provisions on trade in services.  
With respect to paragraph  1.1 on the entry into force of the Free Trade Agreement, 
Costa  Rica would like to know which countries have yet to  ratify the agreement and 
whether there is a time -limit for them to conclude the procedure. It would also like to 
know if Haiti is the only country currently not applying it.  
EU and CARIFORUM reply  
 
 The Agreement is being applied on a provisional basis b etween the EU Party and by fourteen 
(14) CARIFORUM States. Pending ratification of the Agreement by all CARIFORUM States and the 
EU and all the EU Member States, the Agreement continues to be applied on a provisional basis.  
 
 By the end of 2017, twenty -three (23) EU Member States (Austria, Belgium, Bulgaria, 
Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, 
Italy, Latvia, Lithuania, Malta, the Netherlands, Portugal, Slovakia, Spain, Sweden, 
United  Kingdom) and te n (10) CARIFORUM States (Antigua and Barbuda, Barbados, Belize, 
Dominica, the Dominican Republic, Grenada, Guyana, St. Kitts a nd Nevis, Saint Lucia and 
Saint Vincent and the Grenadines) had ratified the EPA.  
 
 There is no stated time -limit for the conclusion of the domestic procedures that each 
CARIFORUM State and each EU Member State must undertake to ratify the agreement but they 
continue in their efforts in this regard.  
 
 Please find attached the link with t he Countries that have ratified the CARIFORUM -EU EPA: 
http://www.consilium.europa.eu/en/documents -publications/agreements -
conventions/agr eement/?aid=2008034  
 
Import duties and charges, and quantitative restrictions  
1.3 Page 19, paragraph 3.3: In the event of serious difficulties in respect of imports of 
a given product from the EU, the schedule of customs duty reductions and eliminations 
may be reviewed by the CARIFORUM -EU Trade and Development Committee with a view 
to modifying (but not extending) the time schedule.  If no decision is taken by 
the CARIFORUM -EU Trade and Development Committee within 30 days of the application 
                                                
1 Antigua and Barbuda; Bahamas; Barbados; Belize; Dominica ; Grenada; Guyana; Jamaica; 
St. Kitts and Nevis; St. Lucia; St. Vincent and the Grenadines; Suriname; Trinidad and Tobago. 
Montserrat is not an ACP country; Haiti signed the Agreement in December  2009 but is not yet 
applying it pending its ratification.  
2 Article 247 of the Agreement provid es for the accession of new EU member S tates. Croatia 
acceded to the Agreement on 28  November  2017.  WT/REG255/2  
 
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  to review the ti metable, the CARIFORUM  States may suspend the timetable provisionally 
for a period that may not exceed one year (Article 16.6).3 
a. Could the Parties explain in greater detail what they mean by "serious 
difficulties" in respect of imports of a given produc t from the EU?  
b. In this context, what kinds of modification could be made by the 
CARIFORUM -EU Trade and Development Committee?  
c. In the event of provisional suspension of the timetable, what tariff would apply 
to the product following such suspension? W ould it be the MFN rate or the 
preferential tariff applicable at that time?  
EU and CARIFORUM reply  
 
 Article 16.6 is designed to allow for flexibilities with respect  to the obligation of 
CARIFORUM  States to liberalize customs duties on products of EU origin. There is yet no practice 
under the Agreement with respect to types of difficulties which may trigger the application of the 
provision but the Parties envisage that such difficulties would be related to situations in which the 
implementation of tari ff liberalisation commitments are causing significant prejudice to specific 
developmental interests of one or more CARIFORUM States.  
 
 A decision by the CARIFORUM -EU Trade and Develo pment Committee could result 
in CARIFORUM's tariff commitments being recon figured to achieve a result whereby the serious 
difficulties in question would be addressed. The modifications which would be appropriate in any 
specific case would depend on the nature of the serious difficulties being faced. In an appropriate 
case, an au thorised modification could be a temporary suspension of a commitment or an 
amendment to a commitment.  
 
 A situation with "serious difficulties" has not yet been raised and will be assessed if it arises. 
Regarding the question on provisional suspension, it  will be assessed if it arises.  
 
Customs procedures  
1.4 Page 51, paragraph 3.71: Customs procedures related to rules of origin are 
detailed in Articles 16 -30 of Protocol I and Protocol II. Articles 16 -30 lay out the 
administrative requirements and discipli nes regarding proof of origin. Proof of origin is 
to be issued by the exporting authorities at the request of the exporter. Annexes III to V 
contain samples of the EUR.1 Movement  Certificate, the invoice declaration, and supplier 
declaration, respectively.  Protocol II contains provisions relating to mutual 
administrative assistance in customs matters, in particular with respect to mutual 
assistance, execution of requests and information exchange and confidentiality.  
a. What is the difference between supplier declaration and invoice declaration?  
EU and CARIFORUM reply   
 
 A supplier's declaration  is a declaration by which a supplier provides information to his 
customer concerning the originating status of goods with regard to the specific preferential r ules of 
origin.  
 
 It is made out on the commercial invoice related to that shipment or in an annex to that 
invoice, or on a delivery note or other commercial document related to that shipment which 
describes the materials concerned in sufficient detail to  enable them to be identified.  
 
 By making out a supplier's declaration, the supplier declares the originating status of the 
goods he provides to his customer who needs this information to certify the preferential origin of 
the goods for exportation (the exported goods are either the finished product from the supplier or 
a product incorporating the delivered material).  
 
                                                
3 The Parties indicate that the schedule has not been modified.  WT/REG255/2  
 
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  A supplier's declaration shall be used in the following cases:  
 
- Applications for the issue of a movement certificates € 1.  
- The maki ng out of invoice declaration.  
An invoice declaration  is a proof of origin made out:  
 
 (a) by an approved exporter or,  
 (b) by any exporter for any consignment consisting of one or more packages containing 
 originating products whose total value does no t exceed € 6,000.  
 An invoice declaration is made out when the products concerned can be considered as 
products originating in the CARIFORUM States or in the EC Party. It is a declaration given by the 
exporter on an invoice, a delivery note or any other c ommercial document which describes the 
products concerned in sufficient detail to enable them to be identified.  
 
b. In what situations can the supplier 's declaration replace the other proofs of 
origin, for cumulation purposes?  
EU and CARIFORUM reply   
 
 A supplier's declaration may never be used as a proof of origin at importation. It may be 
used to provide information about materials involved in cumulation or as evidence of the working 
or processing carried out.  
 
c. Which commercial operators are authorize d to issue supplier declarations?  
EU and CARIFORUM reply   
 
 Any operator supplying goods to the exporter or trader.  
 
d. Does the supplier declaration have to be validated by the customs authorities of 
the exporting State?  
EU and CARIFORUM reply   
 
Supplier' s declarations are not validated by the customs of the exporting country. In 
principle, the supplier 's declaration shall bear a handwritten signature of the supplier. However, 
the signature is not required wh en the invoice and the supplier' s declaration ar e drawn up by 
electronic means in the following two cases:  
 
 -  they are electronically authenticated (agreed between the supplier and buyer) or,  
 
 -  the supplier gives to his customer any written undertaking accepting complete 
 responsibility for every  supplier's declaration which identifies him as if it had been 
 signed with his handwritten signature.  
 
e. What is the purpose of the supplier declaration for products not having 
preferential origin status? In what situations is it used?  
EU and CARIFORUM reply 
 
 Supplier's declarations for products not having preferential origin status should in principle 
only apply to deliveries within the European Union. They are relevant if the goods supplied were 
worked or processed in the European Union, but didn't ac quire the preferential originating status 
and these goods are undergoing further working or processing by the consignee and the addition 
of the working or processing made by the various operators in the European Union allow the 
products to obtain preferent ial originating status.  
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   Thus, a supplier's declaration for products not having preferential origin status doesn't 
certify an existing preferential origin of goods to the consignee. This type of supplier's declaration 
contains information about the non -originating materials used or  the work or processing 
carried  out.  
 
 Concerning trade with certain countries (e.g. CARIFORUM States), so called "cross-border " 
supplier's declarations for products not having preferential origin status can be used for the 
purposes of full cumulation. In this context, cross -border should be understood as meaning that 
the consignment of goods cross the external borders of the European Union (import or export).  
 
Bahamas  
1.5 Page 64, paragraph 4.61: In insurance and related servic es, reinsurance and 
retrocession and some subsectors of auxiliary services have been fully liberalized for 
modes 1 -3. Life and non -life insurance services are subject to market access and 
national treatment limitations. In banking and other financial servi ces, the Bahamas has 
made commitments in most subsectors, subject to certain restrictions. In health and 
social services, tourism and travel -related services, and recreational, cultural and 
sporting services, modes 1 -2 are for the most part liberalized wit h some restrictions in 
place for mode 3. In transport services, the Bahamas has made commitments in all 
subsectors except space and pipeline transport and has liberalized modes 1 -2 for the 
most part, with mode 3 unbound in some subsectors.  
 Can The Bahamas  specify the level of its commitment in regard to the tourism and 
travel -related services sector and to the recreational, cultural and sporting sectors?  
EU and CARIFORUM reply   
 
 The details of the commitments undertaken by the Bahamas with re spect to the tourism and 
travel -related services sectors were adopted by the Joint C ARIFORUM -EU Council by 
Decision  1/2012 pursuant to Article 63. Please find attached the link to the Decision:  
 
https://eur -lex.europa.eu/legal -
content/EN/TXT/PDF/?uri=CELEX:22012D0755&qid=1533309989639&from=EN  
 
Dominican Republic  
1.6 Page 66, paragraph 4.86: In health, tourism and recreational services, 
the Dominican  Republ ic has made a number of commitments subject to some 
limitations. In transport services, it has commitments in all main modes of transport. 
The cross -border supply of maritime transport is unrestricted. Commitments in rail and 
road transport services, as we ll as auxiliary services to all modes of transport, are 
generally unrestricted for modes 1 -3. Commitments in air transport services include the 
three  subsectors covered by the GATS, as well as ground -handling services, with full 
bindings.  
 Can the Dominican Republic clarify the limitations that exist in regard to the 
tourism and recreational sectors?  
EU and CARIFORUM reply  
 
 In the Dominican Republic, tourism plays a key role  in generating employment and foreign 
currency and attracting foreign investment. The sector has recovered from its downturn in the 
early 2000 's. There is no limit on foreign investment in this sector of the economy. Foreign travel 
agencies and tour operat ors cannot provide cross -border services unless they have a local agent . 
Investors in certain tourism projects are given various tax incentives such as exemption from 
import taxes and income tax, and must employ Dominican professionals ; we have a special 
incentive regime for this sector, which is provided for in Law No. 158-01 on the promotion of 
tourism development for low -growth areas and new poles in high -potential provinces and localities. 
Under this Law, the Ministry of Tourism is able to grant licence s to interested parties wishing 
to invest.  
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  Tourism services  
1.7 Page 79, paragraph 4.142: In the case of tourism services, the Agreement contains 
an obligation on the prevention of anti -competitive practices. The Parties agree to 
maintain or introduce app ropriate measures for the purpose of preventing suppliers, in 
particular in the context of tourism distribution networks4, to materially affect the terms 
of participation in the relevant market through such anti -competitive practices as abuse 
of dominant p osition through the imposition of unfair prices, exclusivity clauses or 
refusal to deal. Other provisions relate to access to technology, small and medium -sized 
enterprises, mutual recognition, sustainable development, compliance with 
environmental and qua lity standards, development cooperation and technical assistance 
and exchange of information and consultation (Articles 110 -118).  
 Can the Parties provide more information on the purpose of the provisions to 
prevent anti -competitive practices in tourism se rvices? How do they envisage 
implementing those obligations?  
EU and CARIFORUM reply   
  
 The Parties are committed to ensuring that enterprises do not engage in commercial 
practices which would undermine the benefits to be gained by each Party from the Agreement. 
This is especially the case with respect to matters such as tourism services whic h have significant 
importance in the sustainable development strategies of the Parties. In this context, the Parties 
have entered into commitments in relation to Competition Policy, which call for inter alia , each 
Party to implement measures addressing the  common forms of anti -competitive conduct. The 
Parties may also, based upon matters such as their experience in implementing the EPA, changing 
circumstances and wider multilateral considerations, deem it prudent to engage in dialogue and / 
or cooperation o n specific measures and initiatives to address anti -competitive practices in certain 
economic sectors, including the tourism services sector.  
 
Intellectual property rights  
1.8 Page 85, paragraph 5.27: For geographical indications (GIs), the signatory 
CARIF ORUM  States agree to establish a system of protection of GIs no later than 
1 January  2014 and to submit, within six months of the entry into force of 
the Agreement a list of prospective GIs originating in the CARIFORUM States for 
discussion and comments.5 Protection afforded in respect of GIs is granted in 
accordance with the legal system and practice of the Party concerned and is indefinite. 
With regard to industrial designs, the CARIFORUM States endeavour to accede to 
the Hague Agreement for the Internati onal Registration of Industrial Designs (1999). 
Further provisions relate to the definition of the criteria for protection; the requirement 
to offer protection for unregistered designs; and, subject to a request by the right holder 
and payment of fees, the  requirement to offer a term of protection of up to 25  years 
(compared to ten years under the TRIPS  Agreement).6 
                                                
4 Tourism distribution networks are defined in the Agreement as tour operators and other  
tourism wholesalers (both in -bound and out -bound), computer reservation systems and global 
distribution systems (whether or not connected to airlines or provided through the Internet), travel 
agencies and other distributors of tourism services.  
5 The EU i ndicates that in November  2013 the Parties commenced exploratory talks in order 
to implement Article 145 (rendez -vous clause on GIs). CARIFORUM and the EU have had exchanges 
on initial lists of GIs for protection under Article 145 and have had preliminary discussions on 
possible text for an agreement. Jamaica indicates that it is compliant in establishing a system of 
protection of GIs with the implementation of the Protection of Geographical Indications Act  2004. 
Trinidad and Tobago indicates that it has a GI system (Ge ographical Indication Act Chap.  82:78). 
The first application was received in February  2017 and is not in the opposition phase. 
Furthermore, lists of potential GIs have already been submitted and additional ones have recently 
come to light and  are in the exploratory phase.  
6 Jamaica indicates that work is in progress and is far advanced for Jamaica to accede to the 
Hague  Agreement for the International Registration of Industrial Designs (1999) via amendment to 
existing legislation.  WT/REG255/2  
 
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  a. Has CARIFORUM now adopted a system for the protection of geographical 
indications?  
EU and CARIFORUM reply   
 
 Most CARIFORUM States provide f or the protection of geographical indications either through 
a sui generis system or under trademark law.  
 
b. Is it a sui generis  system of protection?  
EU and CARIFORUM reply   
 
 The system of GIs protection is set out in Articles 145.A  to 145.F. The negotiations between 
CARIFORUM States and the EU to implement Article 145.E of the CARIFORUM -EU EPA are ongoing.  
 
 In most CARIFORUM States the protection provided is through a sui generis system.  
 
c. Has any system been defined between the Parties to facilitate the 
GI registration processes under the Agreement?  
EU and CARIFORUM reply   
 
 Articles 145.A to 145.F of the CARIFORUM -EU EPA, as well as the national laws of the Parties 
currently govern GI registration. The negotiations between CARIF ORUM States and the EU to 
implement Article 145.E are ongoing.  
 
Questions from the delegation of Ecuador  
Chapter 5. Provisions affecting trade in goods, services and investment  
1.9 Paragraph 5.2 of the subchapter entitled " 5.1 Development and cooperation " 
states that "(…) Cooperation priorities are identified in Article 8 of the Agreement and 
include the provision of technical assistance, capacity and institution building for fiscal 
reform, private sector and enterprise development, diversification of CARIF ORUM 
exports of goods and services, and support for infrastructure development. (…)".  
Within the Multiparty Trade Agreement with the European Union, which Ecuador 
joined through the Protocol of Accession signed on 11  November  2016, there is no 
provision fo r assistance in matters relating to "fiscal reform".  
 Ecuador is interested to know what parameters or requirements had to be met by 
the CARIFORUM States in order to have access to this benefit. (Does this concern only 
knowledge transfer? Is it achieved th rough an outlay of resources? Who would be the 
potential beneficiaries? Under what conditions is such cooperation provided?). It is also 
interested to know what measures have thus far been implemented and the results 
thereof.  
EU and CARIFORUM reply   
 
 Please note that no parameters or requirements have been so far specified because no 
specific cooperation measures have as yet been implemented pursuant to Article 8(1)(ii). 
However, the Agreement contemplates that development cooperation between the Parties m ay 
take financial and non -financial forms.  
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  1.10 In paragraph 5.8 of the subchapter entitled "5.3 Current payments and capital 
movements", it is indicated that "(…) According to Article 124, the Parties may take 
safeguard measures with regard to  capital movement when payments and capital 
movements between the Parties threaten to cause serious difficulties for the operation 
of monetary or exchange rate policy  (…)".  
With respect to this point, we would like to know for how long such safeguard 
measu res may be taken.  
 
EU and CARIFORUM reply   
 
 Neither Party nor a Signatory CARIFORUM State has applied the safeguard measures within 
this subchapter during the implementation of the Agreement and as such, there is no established 
precedent with respect to t he duration of such a measure. However, the P arties recogniz e in 
general, the principle that "safeguard measures " should be maintained for no longer than is 
necessary to address the matters/concerns which have given rise to the safeguard.  
 
1.11 Furthermore , paragraph 5.23 of the subchapter entitled " 5.10 Intellectual property 
rights " states that one of the objectives of the Title on intellectual property is to "(…) 
promote cooperation in science and technology, information and communication 
technologies, an d eco -innovation and renewable energy . (…)".  
On the subject of eco -innovation, it would be helpful for Ecuador to understand its 
meaning and scope.  
EU and CARIFORUM reply  
 
 Eco-innovation is the development of competitive new, sustainable products and processes 
using a complete life -cycle approach. It particularly enco urages the collaboration of SME s along 
value chains. It addresses Sustainable Development Goals 4, 8, 9, 11, 12, and 17. It has been 
adopted by UN Environment and more information can be f ound at: 
https://www.unenvironment.org/explore -topics/resource -efficiency/what -we-do/responsible -
industry/eco -innovation . 
 
1.12 Paragraph 5.26 of the same subchapter provides that "(…) For trademarks, the 
Parties agree to provide a system for the registration of trademarks  (…)".  
 Ecuador would like to obtain more information in this regard, particularly in terms 
of whether this is a joint system between the EU -CARIFORUM Parties or whether each 
Party manages its own system separately.  
EU and CARIFORUM reply  
 
 For trademarks please note that there is no joint system between the EU -CARIFORUM 
Parties. The obligation in Article 144A is n ot the establishment of a joint system, but that each 
system should separately meet the obligations described. In furtherance of their efforts to 
implement the commitment, in September 2016, the Parties met and discussed potential 
cooperation opportunities  in the area of intellectual property. The dialogue on cooperation 
opportunities is ongoing.  
 
1.13 In paragraph 5.34 of the subchapter entitled " 5.13 Environment ", it is stated that 
the Parties will make efforts to facilitate trade in goods and services which are 
considered to be beneficial to the environment, "(…) which may include 
environmental  technologies, renewable and energy efficient goods and services and 
eco-labelled goods  (…)".  
 In this regard, it is important for Ecuador to know what such eco -labels entail and 
to be informed as to the mandatory and voluntary certifications that are required in 
respect of products originating in the CARIFORUM member count ries. 
The EU Ecolabel is an ISO 14024 type 1 voluntary eco -labelling scheme established in 1992 
promoting products with reduced environmental impacts. In doing so, the scheme promotes WT/REG255/2  
 
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  Europe's transition to a circular economy, making consumption and produc tion more sustainable 
and bringing benefits to citizens and businesses, to the environment and the economy. The EU 
Ecolabel criteria are currently established for 27 good and service groups 
(http://ec.europa.eu/environment/ecolabel/index_en.htm ). There are currently almost 70 000 EU 
Ecolabel good or services on the EU market.  
 
Questions from the delegation of Japan  
 
1.14 Concerning paragraph 5.29 (Intellectual property rights) Japan would  like to know 
whether the CARIFORUM States have a system of IPR recordation at the customs which 
is valid for at least one year.  
EU and CARIFORUM reply   
 
CARIFORUM STATE  REPLY  
Antigua and Barbuda  Antigua and Barbuda does  not have an IPR recordation at Customs.  
 
The Bahamas  The Bahamas does not have an IPR recordation system at The 
Bahamas Customs Department.  
 
Belize  A formal system of IPR recordation has not been fully established. 
However, The Customs and Excise Depar tment collaborates with the 
Belize Intellectual Property office to furnish information on registered 
trademarks issued by the office.  
 
Dominica  Dominica does not have an IPR system of recordation at the Customs  
 
Dominican Republic  The Economic Partnership Agreement (EPA) between the European 
Union and the CARIFORUM States  provides that the P arties shall , 
unless otherwise provided for in this Section, adopt procedures to 
enable a right holder, who has valid grounds for  suspecting that the 
importa tion, exportation, re -exportation,  entry or exit of the customs 
territory, placement under a  suspensive procedure or placement under 
a customs free zone or  a customs free warehouse of goods infringing 
an intellectual  property right may take place, to lodge  an application 
in writing with competent authorities, administrative or judicial, for  
the suspension by the customs authorities of the release into free  
circulation or the retention of such goods . This process demonstrates 
the existence of an effective procedure for all registered trademarks . 
 
The provisions of Articles 52 to 60 of the TRIPS Agreement  shall be 
applicable. Any rights or duties established under such  provisions 
concerning the importer shall be also applicable to  the exporte r or to 
the hold er of the goods . For the purposes of this sect ion, ' goods 
infringing an intellectual  property right'  means (a) 'counterfeit goods ', 
namely:  (i) goods, including pac kaging, bearing without authoriz ation 
a trademark identical to the trad emark duly registered  in respect of 
the same type of goods, or which cannot be  distinguished in its 
essential aspects from such a trade mark,  and wh ich thereby infringes 
the trade mark holder's rights;  (ii) any trade mark symbol (logo, label, 
sticker, brochure,  instructions for u se or guarantee document), even if 
presented  separately, on the same conditions as the goods referred to 
in subparagraph (i);  (iii) packag ing materials bearing the trade marks 
of counterfeit  goods, presented separately, on the same conditions as 
the goods r eferred to in subparagraph (i);  (b) 'pirated goods ', namely 
goods which are or contain copies made  without the consent of the 
holder, or of a person duly authoriz ed by the holder in the country of 
production, of a copyright or  related right or design right , regardless 
of whether it is registered  in national law;  (c) goods which, according 
to the law of the EC Party or Signatory  CARIFORUM State in which the 
application for customs action is  made, infringe:  (i) a design;  (ii) a 
geographical indication.  
 
The E C Party and the Signatory CARIFORUM States agree to  
collaborate to expand the scope of this definition to cover goods  
infringing all intellectual property rights . 
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  CARIFORUM STATE  REPLY  
Guyana  Guyana does not have an IPR recordation system at the Customs . 
 
Jamaica  Jamaica does not have a system of IPR recordation at its customs , as 
such a system is not required by the WTO TRIPS Agreement.  
 
St. Vincent and the Grenadines  Presently, there is no system for IPR recordation at the Customs; 
however, the Commerce and Intellectual  Property Office (CIPO) 
utilizes the IPAS system for the registration  of Trademarks and 
Patents as provided for by WIPO.  The CIPO and Customs Department 
collaborates where necessary.  
 
 
EU and CARIFORUM reply   
 
1.15 Concerning paragraph 5.28 (Intellectual property rights): Japan would like to 
know if the CARIFORUM States already ratified or acceded the relevant IP international 
agreements, inter alia , the Protocol to the Madrid Agreement Concerning the 
International Registration of Marks (1989), the revised  Trademark Treaty (2006), the 
Patent Cooperation Treaty (1970, as modified in 1984) and the Patent Law Treaty 
(2000). If not, could the States provide us information regarding the states of play of 
consideration for such ratification or accession?  
CARIFORUM STATE  REPLY  
Antigua and Barbuda  i. Antigua and Barbuda is a member of the Madrid Agreement 
Concerning the International Registration of Mark (1989), since 
17 March 2000;  
ii. Antigua and Barbuda has  set a timeframe of 2019/2020 to accede to 
the Revised Trademark Treaty (2006);  
iii. Antigua and Barbuda is a member of the Patent Cooperation Treaty 
(1970, as modified in 1984), since 17 March 2000; and  
iv. Antigua and Barbuda has not acceded to the Patent Law Tre aty 
(2000). However, given the pending enactment of a new Patent Bill 
and Regulations, Antigua and Barbuda is in a position to accede to this 
Treaty  
 
The Bahamas  The Bahamas is not a member, contracting party of or signatory to any of 
the international IP  agreements referred to above, as indicated below:  
o the Protocol to the Madrid Agreement Concerning the International 
Registration of Marks (1989) – Not signatory  
o the revised Trademark Treaty (2006) – Not signatory  
o the Patent Cooperation Treaty (1970, as mo dified in 1984) – Not a 
contracting party  
o the Patent Law Treaty (2000) – Not a member  
 
The Bahamas passed a suite of IPR Legislation in 2015 and corresponding 
draft IP regulat ions are currently being finaliz ed, with an expected date of 
adoption/implementat ion in the second quarter of 2018 and an expected 
date of implementation of first quarter of 2019.  
 
The compendium of IPR Legislation passed in 2015 ensured that The 
Bahamas achieved compliance with the mandatory obligations of the EPA 
and the TRIPS. Thes e obligations include compliance with other 
international treaties, such as the Paris Convention for the Protection of 
Industrial Property, the Berne Convention for the Protection of Literary and 
Artistic Works, the Washington Treaty on Intellectual Proper ty in Respect 
of Integrated Circuits, the WIP Copyright Treaty, the WIPO Performances 
and Phonograms Treaty, the Patent Cooperation Treaty  and the 
Budapest Treaty on the International Recognition of the Deposit of Micro -
Organism for the Purposes of Patent Procedure.  WT/REG255/2  
 
- 11 - 
 
  CARIFORUM STATE  REPLY  
 Japan and other WTO Members may wish to note that as part of its 
ongoing WTO accession process, The Bahamas submitted all required 
documentation, including an updated Legislation Action Plan in order to 
resume The Bahamas' WTO accession process and advance  to the next 
stage of negotiations, including The Third Working Party Meeting 
tentatively scheduled for September 2018. The requisite IPR Legislation 
and draft regulations were attached to the Legislative Action Plan 
submitted by The Bahamas and circulated  for the consideration of WTO 
Members.  
Belize  As it relates to the list of accessions mentioned, Belize has acceded to the 
Patent Cooperation Treaty. The instrument was deposited on 17 March 
2000 and it has been in force since 17 June 2000.  
 
Dominica  Dominica acceded to the Paris Convention for Protection of Intellectual 
Property on 7 May 1999. The same went into force on 7 August 1999.  
 
Dominican Republic  Until now, the Dominican Republic has only acceded to the Patent 
Cooperation Treaty, which has been in force since 28 May 2007. The 
competent authorities are still examining the feasibility of the other 
agreements in the country.  
 
Guyana  Guyana has not ratified or acceded to any of the listed IP international 
agreements. However, Guyana, through th e Commercial Registry is 
working with the WIPO to develop its IPRs framework. The anticipated 
framework will guide the competent authority on how to proceed with the 
international IPR agreements, as well as other general IPR matters in the 
country.  
 
Jamaica  Jamaica intends to accede to the Patent Cooperation Treaty and the Madrid 
Protocol as soon as its new Patents and Designs Bill and Trade Marks 
(Amendment) Bill are passed and enacted. The Bills are already drafted 
and are awaiting passage by the Pa rliament. Jamaica is in the process of 
reviewing the Patent Law Treaty and the revised Trademark Treaty with a 
view to accession.  
 
St. Vincent and the Grenadines  Please see table below with treaties/international agreements acceded to.  
 
TREATIES  / INTERNA TIONAL 
AGREEMENTS  
 Entry into Force  
Agreement on the Trade -Related 
Aspects  of Intellectual Property 
Rights (1994)  
 1 January 1995 
Convention establishing the World 
Intellectual Property Organization 
(1967) – Acceded  29 May 1995  
 29 August 1995  
Paris Convention for the 
Protection  of Industr ial Property 
(1 883) – Acceded  29 May 1995  
 
 29 August 1995 
Berne Convention for the 
Protection  of Literary and 
Artistic  Works  1886)  
- Acceded  29 May 1995 
 29 August 1995  
Patent Cooperation Treaty (1970) – 
Acceded  6 May 2002  
 6 August  2002 
WIPO Performances and 
Phonograms Treaty  (WPPT) (1996)  
– Acceded  12 November 2010  
 12 February 2011  
Beijing Treaty on Audio -visual 
Performances  To be enforced  WT/REG255/2  
 
- 12 - 
 
  CARIFORUM STATE  REPLY  
5 September 2016 – Accession  
 
Marrakesh VIP Treaty –  
5 September 2016 – Accession  
 5 December 2016  
  
STATE OF PLAY OF CONSIDERATION FOR RATIFICATION/ 
ACCESSION:  
 
Immediate consideration can be given for possible accession to the 
Patent Law Treaty and the Revised Trademark Treaty.  
 
Consideration (long term) can be given for the possible accession to the 
Madrid Protocol.  
 
 
 
__________