WT/TPR/M/359/Add.1  
19 February 2018  
(18-1035) Page: 1/83 
Trade Policy Review Body  
13 and 15 September 2017  Original: English/anglais/inglés  
Spanish/espagnol/español  
 
  
TRADE POLICY REVIEW  
JAMAICA  
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Mr Juan Carlos G onzález (Colombia)  
This document contains the advance written questions  by WTO Members  and replies 
provided by  Jamaica .1 
 
 
Organe d'examen des politiques commerciales  
13 et 15 septembre 2017 
EXAMEN DES POLITIQUE S COMMERCIALES  
JAMA ÏQUE 
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Président :  S.E. M. Juan Carlos Gonz ález (Colombie)  
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC et les réponses  fournies par  la Jamaïque .1 
 
 
Órgano de Examen de las Políticas Comerciales  
13 y 15 de septiembre  de 201 7 
EXAMEN DE LAS POLÍTICAS COMERCIALE S 
JAMAICA  
ACTA DE LA REUNIÓN  
Addendum  
President e:  Excmo.  Sr. Juan Carlos González (Colombia)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito   
de los Miembros de la OMC,  así como las respues tas facilitadas por  Jamaica .1 
  
                                                
1 In English and Spanish only./En anglais et espagnol seulement./En inglés y español solamente.  WT/TPR/M/3 59/Add.1  
 
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Contents  
AUSTRALIA  ................................ ................................ ................................ ......................  3 
COLOMBIA  ................................ ................................ ................................ .......................  6 
MEXICO  ................................ ................................ ................................ ..........................  12 
DOMINICAN REPUBLIC  ................................ ................................ ................................ .. 15 
EUROPEAN UNION  ................................ ................................ ................................ .........  19 
UNITED STATES OF AMERICA  ................................ ................................ .........................  30 
COSTA RICA  ................................ ................................ ................................ ...................  42 
CHILE  ................................ ................................ ................................ .............................  48 
THE REPUBLIC OF KORE A ................................ ................................ ...............................  57 
JAPAN  ................................ ................................ ................................ ............................  59 
CANADA  ................................ ................................ ................................ .........................  59 
SINGAPORE  ................................ ................................ ................................ ....................  61 
CHINA  ................................ ................................ ................................ ............................  64 
BRAZIL  ................................ ................................ ................................ ...........................  79 
TRINIDAD AND TOBAGO  ................................ ................................ ................................  82 
THAILAND  ................................ ................................ ................................ ......................  82 
 
  
  WT/TPR/M/359/Add.1  
 
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WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
Australia  Report by the Secretariat (WT/TPR/S/359)  
 
3 Trade Policies and Practices by Measure  
3.1 Measures Directly Affecting Imports  
3.1.3 Tariffs  
3.1.3.1 Applied tariffs  
Table 3.5 Summary analysis of Jamaica's MFN tariff, 2017  
 
Page 37  
 
The report notes that Jamaica’s average MFN tariff on dairy products is 34.8 per 
cent.  
 
Question 1  
What is the reason for Jamaica’s high tariffs on dairy imports and are there 
any plans to reduce these tariffs?   
 Jamaica’s applied tariff on dairy products is within the confines of 
our bound rate obligation. Furthermore, the dairy industry is 
currently being revitalized and as such Jamaica is lending support 
to the sector by maintaining the tariff at the existing levels.  
 
The Government of Jamaica h as a renewed focus in the sector and 
is pursuing policies to facilitate the sector regaining its importance 
to the levels that existed prior to the early 1990’s. Significant 
investments have been made in the sector and there are ongoing 
cattle rearing prog rammes on stream. As a result, consideration is 
not being given at this time to reduce the tariff on dairy products.  
 
Australia  Report by the Secretariat (WT/TPR/S/359)  
 
4 Trade Policies by Sector  
4.2 Mining and Engineering  
4.2.2 Energy – electricity  
 
Page 70, Paragraph 4.41  
 
The report states that the Jamaica Public Service Company remains a vertically 
integrated monopoly governed by the 2016 JPS Electricity Licence, and has the 
exclusive right to transmit, distribute, and supply electricity throughout  Jamaica 
until 2027.  
 
Question 2  
Are there any plans to end the Jamaica Public Service Company monopoly?  
 The licence that governs the Jamaica Public Service Company 
provides the Government of Jamaica with an option to terminate 
said licence, which may only be exercised two (2) years before 
2027. If that option is exercised, the Government of Jamaica would 
have to pay the market value of the JPS’ business.  If the option is 
not exercised, the licence will extend for a further ten (10) years.   
 
There are currently no plans to end the JPS licence. The ending of 
the licence issued to the JPS would be informed by the ability of the 
Government of Jamaica to defray the cost of the fair market value 
at the relevant time.    
  WT/TPR/M/359/Add.1  
 
- 4 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
Australia  Report by the Secretariat (WT/TPR/S/359)  
 
4 Trade Policies by Sector  
4.4 Services  
4.4.1 Financial Services  
4.4.1.3 Overview  
4.4.1.3.1 Banking  
4.4.1.3.1.3 International Financial Services  
 
Page 79, Paragraph 4.83  
 
The report states that Jamaica International Financial Services Authority (JIFSA) Act 
was promulgated in May 2011, with the aim of establishing an authority to market  
Jamaica as a centre for international financial and business services. The report also 
states that the functions of JIFSA include: promoting the adoption and maintenance 
of international standards of competence; promoting compliance with supervisory 
and r egulatory standards for the conduct of international financial services; and 
making recommendations for legislative changes where necessary.  
 
Question 3  
Since the promulgation of the Jamaica International Financial Services 
Authority Act in 2011, what pro gress has been made towards Jamaica’s aim 
of becoming a centre for international finance and business services?  
 Since the promulgation of the JIFSA Act, 2011, three (3) Bills have 
been passed in the Parliament. The three Bills passed are 
Partnership (Gene ral) Act, Partnership (Limited) Act and 
International Corporate and Trust Services Providers (ICTSP) Act 
which will licence and regulate the service providers.  
 
Australia  Report by the Secretariat (WT/TPR/S/359)  
 
4 Trade Policies by Sector  
4.4 Services  
4.4.3 Transport services  
 
Page 85, Paragraph 4.113  
 
The report states that since 2011, there have been some major achievements in the 
transport sector, such as the privatization of the Kingston Container Terminal, the 
designation of Ian Fleming Airport as an international airport, the establishment of 
the Falmouth Cruise Ship Terminal, and the completion of the North -South segment 
of the tolled highway (Highway 2000).  
 
Question 4  
To what extent have foreign service suppliers participated in the 
privatisatio n of these entities?  
 Foreign service suppliers have participated in the privatisation 
process. For example, with regards to the Kingston Container 
Terminal PPP transaction, the concession  agreement was executed 
between the  Port Authority of Jamaica and Ki ngston Freeport 
Terminal Limited, which is a Special Purpose Vehicle owned by 
Terminal Link and CMA CGM. Terminal Link and CMA CGM are 
foreign companies. With respect to the North South segment of the 
tolled highway, the concession agreement was executed b etween 
the National Road Operating and Constructing Company Limited 
(NROCC) and Jamaica North South Highway Company Limited. The 
contractor for the Project was CHEC.   
  
  WT/TPR/M/359/Add.1  
 
- 5 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
Australia  Report by the Secretariat (WT/TPR/S/359)  
 
4 Trade Policies by Sector  
4.4 Services  
4.4.3 Transport Services  
4.4.3.1 Air Transport  
 
Page 87, Paragraph 4.126  
 
The report states that airlines seeking a Jamaican Air Operator Certificate must be 
substantially owned and controlled by Jamaicans, foreign investment of up to 33% 
equity shares is allowed and that cabotage by foreign operators is allowed if there is 
an un -met need.  
 
Question 5  
How is this un -met need established (ie total absence of operators, limited 
operation of operators)?  
 Cabotage  may be allowed for foreign operators subject to the 
approval of the Government of Jamaica, through the Ministry of 
Transport and Mining and its portfolio regulatory body, the Jamaica 
Civil Aviation Authority.  In giving such approval, consideration is 
given to the granting of reciprocal traffic rights from the country 
where the airline is registered. This represents a further step along 
the path of Jamaica’s liberal/Open Skies air policy. The operator 
must meet the required safety, security and other regul atory 
requirements.  
 
Currently, there is one foreign operator (InterCaribbean Airways), 
which has been granted cabotage rights on a 2 -year renewable 
basis. This allows for review of market developments and analysis 
of demand/supply in making future determ ination of the number of 
operator(s).  
 
The percentage for majority/substantial  ownership and control by 
Jamaicans is fifty-one percent (51%).  
 
Australia  Report by the Secretariat (WT/TPR/S/359)  
 
4 Trade Policies by Sector  
4.4 Services  
4.4.3 Transport S ervices  
4.4.3.2 Maritime Transport  
 
Page 89, Paragraph 4.136  
 
The report states that under the Shipping (Local Trade) Regulations 2003, foreign 
owned ships may participate in local trade.  
 
Question 6  
Are the requirements in the Regulations the same for local and foreign 
operators ? 
 Yes, the requirements (standards to operate) are the same.  The 
safety and related standards applicable to Jamaican ships are 
identical to the standards to which foreign  ships are to adhere. 
However, foreign operators may only  operate where there are no 
Jamaican ships in those circumstances.  
  
  WT/TPR/M/359/Add.1  
 
- 6 - WTO 
Members 
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Questions  Questions submitted  Responses from Jamaica  
Colombia  En el numeral 1.2 de la página 3 y numeral 4.4 de la página 12, Jamaica indica que 
han aplicado varias políticas y estrategias con el propósito de desarrollar y ejecutar 
proyectos estratégicos de inversión, como la Iniciativa de Centro Logístico Global, el 
establecimiento de zonas económicas especiales (ZEE), y el recurso a la tecnología 
de la información y la contratación externa de procesos empresa riales para 
estimular el crecimiento.”   
 
Re: Paragraph 1.2 on page 3 and paragraph 4.4 on page 12, Jamaica indicates that 
it has implemented various policies and strategies to develop and implement 
strategic investment projects, such as the Global Logisti cs Hub Initiative, the 
establishment of Special Economic Zones (SEZs) and information communications 
technology/business process outsourcing (ICT/BPO), to spur further growth.  
 
1. Podría Jamaica ampliar la información sobre el funcionamiento y la 
reglamentación de su Centro Logístico Global y las ZEE, además indicar la 
forma de participación de empresas extranjeras?  
 
1. Can Jamaica expand on the functioning and regulation of the Glo bal Logistics 
Hub Initiative and the establishment of SEZs, as well as indicate how foreign 
companies can participate in them?  
 The Special Economic Zones (SEZs) will replace the free zones in 
Jamaica. The SEZs are being promoted and facilitated as a strat egy 
to attract and retain targeted investments and sustain economic 
activities across various sectors of the Jamaican economy.  The 
Special Economic Zone Regulations were recently approved by 
Parliament.   Further information on SEZs and their operation and  
investor support may be obtained from the Jamaica Special 
Economic Zone Authority.  
 
Colombia  En el numeral 4.8, página 9, Jamaica indica que “El Gobierno de Jamaica sigue 
apoyando el desarrollo de la industria manufacturera mediante la aplicación de 
medidas políticas, reglamentarias e institucionales destinadas a sostener y fortalecer 
a la industr ia y facilitar el establecimiento de un entorno empresarial favorable, 
mejorar la competitividad y establecer vínculos sectoriales más amplios…..”  
 
In paragraph 4.8 on page 9, Jamaica indicates: "The Government of Jamaica 
continues to support the developm ent of the manufacturing industry through the 
implementation of policy, regulatory and institutional structures aimed at creating 
and further strengthening the industry in order to facilitate the establishment of an 
enabling business environment, improved competitiveness, and greater sectoral 
linkages."  
 
2. Podría Jamaica indicar ¿Qué medidas específicas utiliza para apoyar 
el desarrollo de la industria manufacturera de su país?  
 
2. Can Jamaica indicate which specific measures it uses to support its 
manufacturing industry?  
 The measures used to support the manufacturing industry include 
the following:  
 
 Implementation of the Omnibus Incentives Legislation under 
which referrals can be made to the Jamaica Customs Agency 
for companies to attain ‘manufactu rer status’ thereby allowing 
them to benefit from duty relief on productive inputs.    
 
 The establishment of Credit Bureaus and a Collateral 
Registry which helps to improve access to credit by 
manufacturing enterprises.  The law broadens the range of 
prope rty or assets that can be used to access loans.  
 
 Implementation of a Business Registration Super form, 
which makes it easier for start -ups to register with multiple 
agencies as required.  
 
 Under the Insolvency and banking regime, Jamaica has 
established an Office of Trustee in Bankruptcy and introduced 
provisions to ensure more equitable debt restructuring and 
greater rehabilitation of failing business enterprises.   
  WT/TPR/M/359/Add.1  
 
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Members 
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Questions  Questions submitted  Responses from Jamaica  
 
 The Government is committed to finding ways to improve 
energy efficiency and lower energy cos ts and has actually 
lowered the costs of acquiring electricity by reducing the cost 
of external connection works.  
 
 Implementation of an electronic filing system and electronic 
content management system, has simplified the payment 
process for taxes and has also made the process less costly for 
companies.  There has also been a revision of the tax forms to 
make them more user -friendly.  Companies incorporated for 
less than two (2) years are exempt from paying the requisite 
minimum business tax.  
 
 Under the MS ME Development Programme, the Government 
is seeking to build managerial and operational capacity in 
MSMEs and to improve their access to key financial and 
technical resources, including those MSMEs operating in the 
manufacturing industry.  To this end, the re is a close 
partnership among a number of government agencies, such as 
with the Jamaica Business Development Corporation, which 
provides capacity -building support, and with the Development 
Bank of Jamaica which provides different types of financial 
packa ges to assist MSMEs operating in the industry.    
 
Colombia  En el numeral 4.19, página 12, Jamaica indica que sigue muy de cerca el proceso 
del Brexit , por ser el Reino Unido un socio comercial importante, y dado que Jamaica 
accede al mercado del Reino Unido a través del Acuerdo de Asociación Económica 
entre el  CARIFORUM y la UE, del que el Reino Unido es parte en virtud de su 
condición de miembro de la  UE.  
 
Paragraph 4.19, page 12, Jamaica indicates: "Jamaica is closely monitoring 
developments relating to the United Kingdom's exit from the European Union. ….. 
[Given that] Jamaica accesses the United Kingdom's market through the 
CARIFORUM -EU Economic Pa rtnership Agreement (EPA), to which the United 
Kingdom is party by virtue of its EU membership."  
 
3. Podría Jamaica indicar ¿Si tiene previsto negociar un acuerdo 
bilateral o en bloque junto a los demás países de Caricom con el Reino 
Unido?  
 
 At this point, Jamaica, with its CARIFORUM partners, is now in 
discussions with the United Kingdom about the future of 
preferential access to t hat market.  The UK will not be able to 
negotiate bilateral trade agreements with third countries until it has 
established itself as a full member of the WTO, establishing its own 
schedules, and has fully withdrawn from membership of the EU.   
  WT/TPR/M/359/Add.1  
 
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Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
3. Can Jamai ca indicate if it is foreseen to negotiate a bilateral agreement or as 
part of CARICOM with the United Kingdom?  
 
Colombia  En el numeral 5.1, página 15, se indica que “Jamaica, en su calidad de miembro de 
la CARICOM, participa activamente en la negociación y aplicación de acuerdos 
comerciales” “En estos acuerdos, Jamaica procura mantener y mejorar el acceso a 
los mercados con miras a intensificar su penetración en ellos, estimular las 
exportaciones y desarrollar un sector exportador diversificado.” Al mismo tiempo en 
el numeral 5.7 página 16, indica que “la Oficina de Negociaciones Comerciales de la 
CARICOM dirige las negociaci ones comerciales bilaterales de la CARICOM como 
agrupación regional con terceros países.”  
 
Paragraph 5.1, page 15 it is stated that: "Jamaica, as a member of CARICOM, 
engages in the negotiation and implementation of trade agreements as a means of 
securing  its trade interests and enhancing trade performance. In these agreements, 
Jamaica seeks to maintain and improve market access with a view to fostering 
increased market penetration and stimulate exports and develop a diversified export 
sector."  
At the same  time, in paragraph 5.7, on page 16, "the CARICOM …..  Treaty requires 
the coordination of the regional trade policy, and bilateral trade negotiations with 
third countries as a regional grouping is usually led by the CARICOM Office of Trade 
Negotiations (O TN)." 
4. Podría Jamaica indicar, ¿Si tiene interés en negociar acuerdos 
comerciales en forma bilateral? ¿Cuál es el procedimiento a seguir ante el 
Caricom para realizar Acuerdos Comerciales bilaterales? De no ser posible 
negociar acuerdos bilaterales ¿Exis te interés de Jamaica de motivar al 
Caricom en bloque a negociar Acuerdos Comerciales con el resto de 
América Latina y el Caribe?  
 
4. Could Jamaica indicate if it is interested in negotiating bilateral trade 
agreements? What procedure should be followed wi thin CARICOM to negotiate 
bilateral trade agreements? If it is not possible to negotiate bilateral trade 
agreements, would Jamaica be interested in encouraging CARICOM as a bloc to 
negotiate trade agreements with the rest of Latin America and the Caribbean ? 
 CARICOM has negotiated trade agreements with some countries in 
Latin America and the Caribbean, including Colombia.  The matter 
of negotiating bilateral trade agreements both in Jamaica and in 
CARICOM is under consideration.  
 
Colombia  Documento WT/TPR/S/359  
 
En la página 36, numeral 3.7, Jamaica señala que ha implementado acciones para 
mejorar el proceso de importaciones como es el caso de presentar declaraciones en 
horario nocturno, la reducción de tiempos en la nacionalización.  
 The current data shows that 85% of Commercial cargo is released 
to the Importer/ Declarant  within 24hours  or less after 
payment.   Please see the bar chart below for further details.   
  WT/TPR/M/359/Add.1  
 
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Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
Page 36, (page  32 in English) paragraph 3.7, Jamaica indicates that " Jamaica has 
taken measures to reduce the time needed to import, including by allowing customs 
entries to be lodged at night."  
 
5. Podría Jamaica indicar ¿Actualmente cuáles son los tiempos para 
realiza r una importación y lograr la autorización de despacho para el 
consumo? ¿Qué otras acciones está adelantando Jamaica para mejorar los 
procesos de importación y exportación en aduana? ¿Así mismo, Jamaica 
cuenta en el momento con aplicativos en línea como es  el caso de una 
ventanilla única de comercio exterior?  
 
5. Can Jamaica indicate how long it takes to receive authorization to forward 
imports for consumption? What other actions is Jamaica proposing to improve 
import and export processes at Customs? Likewise, is Jamaica considering online 
applications, as is currently the case with the single window for export trade?  
 
 
 
The integration of the Automated Customs Management System 
with the Terminal Operating System, PCS and Regulatory Agency 
Database is now of paramount importance towards the full 
automation and interope rability across agencies.  Use of the 
Customs Management System has already been extended to 
respective Regulatory MDAs to now include the ability to retrieve, 
review, approve or deny the release of cargo.  The centralizing of 
risk criteria using ASYCUDA W orld now allows for real -time 
notification and well -coordinated inspection initiatives between 
Customs and other regulatory agencies.  
 
Jamaica is in fact moving towards fully paperless environment with 
the intended implementation of a national single windo w for trade.  
This environment will allow for a single online portal to service 
traders while interacting with the respective border and regulatory 
authorities.  
 
Colombia  En el numeral 3.15, página 37, Jamaica indica que “Solo la Cámara de 
Representantes puede modificar los aranceles, como ocurre con los demás 
impuestos”.  
 
 With respect to tariffs, it should be noted that Jamaica is signatory 
to the Revised Treaty of Chaguaramas  which establishes CARICOM. 
The members of CARICOM operate under a Common External Tariff 
(CET) regime, indicative of the fact that we are a customs union. 
Consequently, a large percentage of the tariff that is applied by 
Jamaica is established by CARICOM.  The Government of Jamaica on 
 
  WT/TPR/M/359/Add.1  
 
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Members 
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Questions  Questions submitted  Responses from Jamaica  
Paragraph 3.15, page 37, " Tariffs, like other taxes, can be modified only by the 
House of Representa tives."  
6. Podría Jamaica indicar ¿Qué criterios utiliza la Cámara de 
Representantes para modificar los aranceles y demás impuestos? ¿Con que 
frecuencia lo hace?  
 
6. Can Jamaica indicate which criteria the House of Representatives uses to 
modify tariffs an d other taxes, and how often does it do so?  
 the other hand, will unilaterally modify a tariff, to the extent it is 
allowed, and other taxes based on the policies being pursued by 
Jamaica and the desire to raise revenue.  
 
For example, in 2016, the Government of Jamaica shifted the 
taxation policy from direct to indirect taxation. Consequently, there 
was a reduction in the effective rate of personal income tax and a 
consequential increase in Special Consumption Tax (SCT).  
 
In terms of how often the Government modifies tax es, a definitive 
response cannot be provided to this question. However, it is worth 
noting that modifications are primarily done during the budget 
period (March to April) or if a supplementary budget is required. It 
should not be construed that there are t ax changes during every 
budgetary process.  
  
  WT/TPR/M/359/Add.1  
 
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Colombia  En el numeral 4.13, página 63, Jamaica indica que se requieren licencias de 
importación para la leche y nata (crema) concentradas; otras partes de plantas 
utilizadas en perfumería y farmacia; las resinas de cannabis; los jugos y extractos 
vegetales; y el a zúcar refinado (cuadro 3.7). Se requieren licencias de exportación 
para los huevos, el azúcar, los granos de café verde, los alimentos elaborados, los 
productos de origen animal o vegetal y el coco.  
 
Paragraph 4.13, page 63:  " Import licensing is required  for the importation of 
concentrated milk and cream; other plant parts for perfume and pharmaceutical 
purposes; cannabis resin; vegetables, saps and extracts; and refined sugar 
(Table  3.7). Export licences are required for the export of eggs, sugar, green coffee 
beans, processed food, animal or plant products, and coconut (Table 3.9)."  
 Re "Import licensing is required for the importation of other plant 
parts for perfume and pharmaceutical purposes and; vegetables.  
 
For the importation of plants and plant  parts and vegetables not 
processed to alter their natural appearance, or processed to a point 
that renders them unable to be a carrier of agricultural pests.  
 
 These items require an import permit from the Plant 
Quarantine Branch.  
  If  the item has never been imported into Jamaica from a 
particular country of origin, a pest risk analysis will be needed 
to determine if the item will be allowed entry into Jamaica, and 
what phytosanitary conditions the product must comply with 
before b eing shipped to Jamaica  
Re "Export licence for green coffee beans, plant products, and 
coconut.  
 
In general these items are inspected and a phytosanitary certificate 
is issued attesting to their freedom from plant pest.  
 
If the importing country has any s pecial phytosanitary conditions 
for entry that is communicated to the Plant Quarantine Branch, we 
will collaborate with the necessary agency or exporter to get the 
same condition met. Our phytosanitary certificate will then indicate 
that the condition has been met.  
 
Colombia  7. Podría Jamaica indicar ¿Qué requisitos aplica para la expedición de 
licencias de importación y exportación, además que otros requisitos o 
reglamentaciones aplica para autorizar la importación de productos 
vegetales?  
 
7. Can Jamaica indicate what pre -requisites are necessary for import and export 
licences, as well as what other requirements or regulations are applied to authorize 
importation of plant products?  
 The Plant Quarantine Produce Inspection Branch of the Ministry  of 
Industry, Commerce, Agriculture and Fisheries is the Competent 
Authority under IIPPC for the certification of agricultural export in 
trade and for port of entry quarantine and inspection. The Branch is 
authorized under the Plants Quarantine Act, 1993, Citrus Plant 
(Certification) (Amendment) Regulations, 2012; the Plants 
(Importation) Control Regulations, 2005; and the Plants 
(Quarantine) (Wood Packaging in International Trade) Regulations, 
2012.  
 
 
 
 The pre -requisite for exporting plants and plant produ cts to 
Jamaica includes:   
  WT/TPR/M/359/Add.1  
 
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o Ensuring a import permit is obtained from Jamaica’s 
Competent Authority  
 
o The plants and plant products are certified by the 
Competent Authority in the Exporting Country  
 
 For export of plant and unprocessed plant products, the 
exporter is required to operate from an approved packaging 
facility and subsequently have their produce inspected, treated 
(depending on produce) and certified for export.  
 
Mexico  PARTE I: PREGUNTAS EN RELACIÓN CON EL INFORME DE LA SECRETARÍA 
DE LA OMC (WT/TPR/S/359 ) – SECRETARIAT REPORT  
 
RESUMEN:  
 
Página 7, (en relación con el párrafo 12)  
 
El promedio aritmético de los tipos arancelarios NMF aplicados por Jamaica aumentó 
del 9,4% en 2010 al  10,4% en 2017, debido principalmente  a los incrementos de los 
tipos aplicados a algunos productos en el AEC de la CARICOM . Como promedio, la 
protección arancelaria sigue siendo sustancialmente más elevada para los productos 
agropecuarios (20,8%) que para los demás productos (7,9%) . Todas las  
importaciones que entran en Jamaica están sujetas al derecho básico de timbre, y 
se exige un derecho de timbre adicional respecto de algunos artículos (en su mayor 
parte productos agropecuarios) . Si se toman en consideración los derechos de 
timbre adicion ales, el promedio de la protección global en frontera aumenta 
del 10,4% al 12,6% . Jamaica consolidó el 100% de sus líneas arancelarias, a un 
tipo medio del 50,3% . Los tipos NMF aplicados excedieron de sus niveles 
consolidados en el caso de 32 líneas arance larias; la diferencia fue superior a 10 
puntos porcentuales para algunos productos . 
 
Jamaica's simple average applied MFN tariff rose from 9.4% in 2010 to 10.4% in 
2017 mainly due to increases on some items of CARICOM's CET . On average, tariff 
protection f or agricultural products (20.8%) remains substantially higher than for 
non-agricultural products (7.9%).  All imports entering Jamaica are subject to a basic 
stamp duty, while an additional stamp duty is payable on certain items (mostly 
agricultural products). When additional stamp duties are taken into account, the 
overall average border protection increases  from 10.4% to 12.6%. Jamaica bound 
100% of its tariff lines, with a current average rate of 50.3%. MFN applied rates 
exceed their bound levels for 32 tariff lines; for some products the gap is over 10 Question 1.  
 
The Jamaican Government pursues various policies according to the 
overall objectives of the country. The differing additional stamp 
duty rates have been instituted and applied pursuant to the policy 
direction of the Government. Furthermore, the extent of the duty is 
demonstrative of the level of sensitivity accorded to the products.  
 
Question 2.  
 
Article II(1)(b) of the GATT allows for the application of other duties 
and charges (ODCs) in addition to applied tariffs. The Stamp Duty 
Act 1937 provides for the imposition o f stamp duties as a distinct 
measure not falling within Jamaica’s bound tariffs, or a fee by 
definition limited in amount to the approximate cost of services 
rendered. Jamaica preserved its right to impose stamp duties on 
imports in accordance with the WTO  Understanding on the 
Interpretation of Article II:1(b) of the General Agreement on Tariffs 
and Trade (1994).  
 
 
  
  WT/TPR/M/359/Add.1  
 
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percentage points.  
Preguntas 1 y 2:  
 
1. ¿Por qué razones Jamaica establece derechos del timbre diferentes o 
adicionales para diversos productos?  
 
2.  ¿Podría Jamaica explicar de qué manera considera que sus derechos del 
timbre son compatibles con los artículos II, VII y VIII del GATT de 
1994?  
 
Questions 1 and 2:  
 
1. For what reasons did Jamaica establish different of additional stamp duty for 
various products?  
 
2. Can Jamaica explain how it considers that its stamp duties are compatible with 
Articles II, VII and VIII of GATT 1994?  
 
Mexico  1 INTRODUCCIÓN  
 
Página 3 del Informe de Jamaica (en relación con el párrafo 1.5)  
 
El comercio y la inversión se consideran componentes fundamentales del Programa 
de Crecimiento Económico. Jamaica está aprovechando el valor de su renombre 
mundial para penetrar en nuevos mercados; ampliar las exportaciones a mercados 
ya existentes e integrarse mejor en las cadenas de valor mundiales. Para e llo, se 
están abordando las limitaciones de oferta; mejorando las normas de calidad; 
aplicando programas de ciencia, tecnología e innovación para mejorar la 
productividad; y promoviendo el espíritu empresarial, incluso a través de la 
internacionalización d e las microempresas y las pequeñas y medianas empresas.  
 
Government Report  
 
1.5 Trade and investment are considered critical components of the economic 
growth agenda. Jamaica is leveraging the value of its global brand to penetrate new 
markets; expand exports in existing markets and to integrate further into global 
value chains. This is being done through addressing supply -side constraints; 
improving quality standards; the application of science, technology and innovation 
(STI) to improve productivity; and fostering entrepreneurship, including through the 
internationalization of micro,  small and medium sized enterprises (MSMEs).  The Government of Jamaica contributes to the internationalization 
of MSMEs in the following ways:  
 
 Providing technical and financial assistance to 
increase  MSME participation in regional and global value 
chains  
 
 Promoting the participation of MSMEs in international 
trade 
 
 Promoting linkages with exporters, SEZ operators and 
the tourism sector  
 
 Promoting the use of e -commerce by MSMEs  
 
 Training of MSMEs in export procedures  
 
 Promoting the use of sectoral/industry clusters to 
achieve economic units of export   
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Pregunta 3: 
 
3. ¿De qué manera contribuye el Gobierno de Jamaica a la 
internacionalización de las microempresas y de las pequeñas y medianas 
empresas?  
 
Question 3: 
 
3. In which  way does the Government of Jamaica contribute to the 
internationalization of micro, small and médium -sized enterprises (MSMEs).  
 
Mexico  PARTE III: OTRAS PREGUNTAS:  
 
COMERCIO ELECTRÓNICO – ECOMMERCE  
 
Pregunta 4: 
 
4. ¿Cuál es la posición de Jamaica con respecto a las discusiones del 
Comercio Electrónico en la OMC?  
 
Question 4: 
 
4. What is Jamaica's position with respect to discussions in the WTO on 
eCommerce?  
 Jamaica has not yet developed a position on the discussions in the 
WTO on e -commerce.   
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Dominican 
Republic  Pág. 54.  
 
Una de los enfoques adoptados en la Fase II de la Estrategia Nacional de 
Exportación (NES) consiste en dejar atrás la forma tradicional de conceder 
préstamos a fin de facilitar la actividad empresarial mediante el fomento de la 
flexibilización de la oferta crediticia y de otros servicios financieros. Para ello hay 
que desarrollar un sistema de garantías (Sistema de Garantías Financieras para las 
MIPYME) formulado conjuntamente por los Ministerios de Hacienda y Administración 
Pública, el CBJ y el DBJ para establecer asociaciones con las microempresas y las 
pequeñas y medianas empresas (MIPYME) a fin de alcanzar soluciones, como por 
ejemplo que se concedan garantías que cubran un determinado porcentaje de los 
préstamos solicitado s por las MIPYME a cualquier institución financiera.  
3.63 One of the strategies under the National Export Strategy (NES) Phase II,  is to 
move away from the traditional form of lending in order to facilitate the ease of 
doing business by encouraging more fl exibility in offering loans and other financial 
services.  The related activity involves developing a guarantee system - Financial 
Guarantee System to MSMEs – formulated through the Ministry of Finance and 
Public Finance, the CBJ and the DBJ to partner with  MSMEs to arrive at solutions, 
e.g. provide guarantees to a percentage of loans being requested by MSME through 
all financial institutions.  
1-¿Pueden ampliar información sobre el sistema de garantías (Sistema de 
Garantías Financieras para las MIPYME)?  
1. Could Jamaica give further information on the guarantee system (Financial 
Guarantee System to MSMEs)!  The Credit Enhancement Facility (CEF)  was launched as a pilot 
programme by DBJ in 2009 with an initial guarantee  fund of J$250 
million and is an arrangem ent between the Approved Financial 
Institutions (AFIs) and Development Bank of Jamaica Limited (DBJ) 
geared towards providing partial collateral guarantees to AFIs for 
loans given to Small and Medium -sized Enterprise (SME) sub -
borrowers.  
The objective of t he CEF is to encourage AFIs to increase lending to 
SMEs, for viable projects, by providing additional security coverage 
on these loans.  The repayment guarantee under the CEF allows the 
AFI to accept non -traditional collateral which it may not normally 
accept, and grant coverage based on criteria such as the borrower’s 
character and the future cash flows of the business.  This 
enhancement to the collateral provided effectively reduces the risk 
exposure to the AFI that is normally associated with providing 
credit to SMEs.  SMEs and AFIs meeting the qualifying criteria are 
eligible for participation in the CEF.  
Since inception DBJ has continuously expanded the guarantee 
product while managing the level of risk taken. This involved 
increasing coverage from an i nitial J$5M; expanding SME eligibility; 
improving AFI claim procedures and opening the guarantee to SME 
loans made with AFIs own funds. In this regard DBJ has also had 
technical support from the World Bank.  
 
Dominican 
Republic  2.4.3 Inversión extranjera, 2017, (página 29).  
 
Actualmente Jamaica no cuenta con ningún instrumento legislativo específico sobre 
las inversiones extranjeras. El Gobierno fomenta la inversión extranjera como motor 
del desarrollo y no tiene políticas o reg lamentaciones que reserven determinados 
sectores exclusivamente a los ciudadanos nacionales. Las autoridades han señalado 
que Jamaica aplica el principio de trato nacional a los inversores extranjeros. Tanto 
las empresas nacionales como las extranjeras pue den beneficiarse de los incentivos, 
y el Programa Privatización está abierto a la participación de los inversores 
extranjeros. La Ley de Sociedades, en vigor desde 2006, permite que las sociedades 
extranjeras sean propietarias de tierras sin registrarse en  Jamaica.  
 
2.4.3 Currently there is no specific legislation on foreign investment in Jamaica. 
The Government encourages foreign investment as a source of development, and 
has no policies or regulations reserving certain sectors exclusively for Jamaicans. The Government of Jamaica has the Policy Framework and 
Procedures Manual for Privatisation of Government Assets ( The 
Privatisation Policy) and the Policy and Institutiona l Framework for 
the Implementation of a Public -Private Partnership Programme for 
the Government of Jamaica ( The PPP Policy ) and same governs how 
parties can participate in the privatisation programme. In relation 
to PPPs, with the establishment of the Publ ic Investment 
Management System (PIMS) and the Public Investment 
Management Secretariat (PIMSec), the process for the PPP 
development has been amended. PIMSec has responsibility for the 
screening and appraisal of all public investment projects to facilitat e 
recommendation to the Cabinet on their suitability for inclusion in 
the Public Sector Investment Programme and the proposed 
implementation modality.   
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The authorities stated that Jamaica applies the principle of national treatment to 
foreign investors. Incentives are accessible to both local and foreign firms, and the 
privatization programme is open to participation by foreign investors. The 
Companies Ac t, which entered into force in 2006, allows foreign companies to hold 
land without registering in Jamaica.  
2-¿Cuáles son los requisitos para optar por el programa de privatización?  
 
2.  What are the requirements in order to participate in the privatization 
programme?  
   
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Dominican 
Republic  3-. ¿Cuáles son los beneficios de estar en el programa de privatización?  
 
3.  What are the advantages of participating in the privatization programme?  
 The advantages of participating in the privatisationprogramme  
include development of under -utilized assets owned by the GOJ, 
widening the ownership base of GOJ assets and proceeds from the 
sale of GOJ assets can be used for debt reduction.  
 
Dominican 
Republic  4- ¿Tienen los mismos beneficios las empresas nacionales como las 
extranjeras con el objetivo de incentivar la inversión en Jamaica?  
 
4. Do national enterprises have the same advantages as foreign enterprises with 
respect to encouraging investment in Jamai ca? 
 National and foreign enterprises have equal advantages to compete 
on investment opportunities for Privatisation or PPP transactions. 
However, in projects where the capacity of local firms maybe 
lacking, foreign firms are encouraged to collaborate with  local firms 
where the opportunities exist.  
 
Dominican 
Republic  5- ¿Dónde se puede obtener información respecto de este programa?  
 
5.  Where can we obtain further information on this programme?  
 Please visit the Development Bank of Jamaica’s website at 
www.dbankjm.com  for further information on the GOJ’s 
Privatisation and PPP Programme including copies of the 
Privatisation and PPP Policies and information on transactions that 
we are currently undertaking.  
 
Dominican  
Republic  2.3.2 Acuerdos regionales y preferenciales  
 
En el párrafo 2.28, página 28, indica que “ No todos esos acuerdos se han notificado 
a la OMC. Jamaica los ha aplicado en virtud de las resoluciones sobre el Arancel de 
Aduanas o a través de otras medidas administrativas. Todos los acuerdos, salvo el 
suscrito con Venezuela, se han publicado en el Boletín Oficial. ”. 
 
In paragraph 2.28:  Not all of them have been notified to the WTO. Jamaica 
implemented these agreements through the Customs Tariff Reso lutions, or through 
other administrative actions. All agreements, except the one with Venezuela, were 
published in the official gazette.  
 
6-¿Cuál es la razón por la cual no han sido notificados a la OMC?  
 
6. For what reason have these agreements not been notified to the WTO?  
 There has to be agreement among the parties to the Agreements to 
notify them to the WTO.  There have been discussions in CARICOM 
about notifying these agreements to the WTO.  
Dominican 
Republic  7-¿Por qué el Acuerdo sobre Comercio e Inversiones CARICOM -Venezuela 
no ha sido publicado en el Boletín Oficial del país?  
 
7. Why has the CARICOM -Venezuela Trade and Investment Agreement not been 
published in the Official Gazette?  
 The CARICOM -Venezuela Tr ade and Investment Agreement 
facilitates the unilateral export of goods from CARICOM to 
Venezuela, outlines provisions for the mutual promotion and 
protection of investment, as well as facilitates the creation and 
operation of regional joint ventures.  It,  therefore, does not require 
any adjustments to Jamaica’s Customs and Excise Duties, while its 
other substantive provisions are mainly cooperative in nature, in 
relation to any obligations on the side of CARICOM Party, of which 
Jamaica is a Member. Consequ ently, the Agreement does not  
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require the amendment of any domestic legislation (specifically 
those related to Customs and Excise Duties) to give effect to its 
provisions, and therefore does not require the formal assent of 
Parliament, which would have ord inarily thereafter triggered the 
publication of a corresponding Gazette.  
 
Dominican 
Republic  3.1.3 Aranceles  
 
En el Cuadro 3.7  
 
Mercancías sujetas al régimen de licencias de importación, 2017, página 46.  
Dentro de los productos que requieren una licencia de importación, el 
correspondiente a la subpartida 0402, perteneciente  a la leche y nata (crema), 
concentradas o con adición de azúcar u otro edulcorante, en polvo, gránulos o 
demás formas sólidas, no hay  licencia automática y amerita la aprobación de la 
Oficina de Normas de Jamaica.  
 
3.1.3  Tariffs  
 
Table 3.7  
 
Among the products which require an import licence, under HS code 0402 are:  
 
0402 Milk and cream, concentrated or containing 
added sugar or other sweetening matter in 
powder, granules or other solid forms:   Approval from the 
Bureau of Standards 
Jamaica (BSJ)  
For these products there is no automatic licence, but approval is required from the 
Bureau of Standards of Jamaica (BSJ).  
 
8- ¿Cuál es el procedimiento sugerido para obtener la licencia de 
importación para esta subpartida del Sistema Armonizado?  
 
8.  What procedure is suggested to obtain an import licence for this section of the 
Harmonized System (HS)?  
 The WTO Secretariat Repo rt indicates that the Trade Board Limited 
is the agency responsible for processing and issuing import licenses 
for the importation of milk and milk products into Jamaica. The role 
of the National Compliance and Regulatory Agency (NCRA), the 
regulatory arm of the Bureau of Standards Jamaica, is to conduct 
an evaluation of the documentation received from the Trade Board 
Limited.  The NCRA reviews the technical specifications contained in 
the Certificate of Analysis (COA), which accompanies the shipment 
of mil k and milk products.  The assessment focuses on the 
microbiological and chemical properties of the product to ensure 
food safety.  The product is analysed in accordance with the 
requirements of food safety standards, such as CODEX standards. 
Once the evalu ation is satisfactory, the NCRA will accept the 
Certificate of Analysis and provide a report to the Trade Board 
Limited to facilitate the approval of the shipment.   
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European 
Union  WT/TPR/S/359 – WTO Secretariat's Report  
 
1 ECONOMIC ENVIRONMENT  
1.2 Recent Economic Developments  
Paragraph 1.8, page 12  
The Secretariat's report states that "…key part of the Government's fiscal strategy is 
to improve the growth -friendliness of the tax system by shifting some of the tax 
burden from productive inputs, notably labo ur, to indirect taxation".  
EU Question N° 1:  Could Jamaica inform whether it envisages implementing 
additional measures to improve the growth -friendliness of the tax system?  
 1) Jamaica is currently reforming its Customs laws in keeping 
with the recommendations of the Revised Kyoto Convention and the 
WTO Trade Facilitation Agreement. Provisions include the 
facilitation of temporary admissions, a single window facility and 
inward a nd outward processing which will encourage investments in 
a variety of business models.  
2) It was recently announced that if the Commercial Banks 
lower interest rates in order to encourage investment, the Ministry 
of Finance and the Public Service would lowe r the asset tax rate.  
 
European 
Union  1.4 Outlook  
Paragraph 1.19, page 17  
The report states that "…Private sector dynamism is constrained by multiple factors, 
such as high crime, lack of financial access and high financing cost, and high tax 
compliance cost. The World Bank's Doing Business indicators show that trade 
facilitation, contract enforcement, and property registration are some of the areas 
Jamaica needs urgently to improve".  
EU Question N° 2: Could Jamaica inform on the measures it intends to 
implement as priority to tackle the above -mentioned constraints impeding 
the private sector development and consequently a stronger economic 
growth?  
 The Government of Jamaica is in the process of reforming the 
justice system in order to make it more effecti ve; enacting tougher 
legislation to penalize those who run afoul of the law; and 
implementing measures to address social inclusion through financial 
inclusion and community redevelopment initiatives.   
 
The Government is seeking to create the conditions in  which 
Jamaicans are able to save and build up resilience against financial 
shocks and firms are able to invest, grow and generate greater 
levels of wealth. A Financial Inclusion Strategy, which was launched 
in 2016, comprises five pillars:  
 
 The Financial Access and Usage pillar supports reforms that 
will facilitate increased usage of electronic payments, expansion of 
innovative distribution channels, digitization of government 
payments and development of financial products that channel 
remittance proceeds into accounts/cards.  
 
 The Financial Resilience pillar supports reforms that will 
contribute to increased savings, insurance and retirement accounts 
for the low -income and informal segments of the population.  
 
 The Financing for Growth pillar supports measu res that will 
enable eligible households, businesses and farms to access credit 
and alternative financing instruments that are currently lacking in 
the market.  
  
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 The Responsible Finance pillar supports measures that will 
result in enhanced disclosure by fin ancial institutions, adequate 
business practices and better informed consumers.  
 
 The cross -cutting foundation of Supporting Infrastructure is 
aimed at developing and enhancing the enabling environment for 
the provision of financial services. This will be done through the 
enhancement of the legal, regulatory and supervisory framework 
and more systematically coordinating and monitoring financial 
inclusion reforms. Efforts to enhance the legal, regulatory and 
supervisory framework for the financial sector wil l aim to strike a 
balance amongst safety and soundness, financial inclusion and 
financial integrity.  
 
The strategy is being implemented through the following working 
groups: Retail Payments and Financial Infrastructure; MSMEs and 
Agriculture Finance; Housi ng Finance; and Consumer Protection and 
Financial Capability.  
 
A Social Intervention Committee has been established to address 
the social issues in high crime areas.  
 
European 
Union  Paragraph 1.20, page 17  
The report states that "Jamaica's development goals are defined in its "Vision 2030", 
which dates back to 2009. This National Development Plan, implemented through a 
series of three -yearly medium -term socio -economic policy frameworks, presents a 
strategic roadmap for Jamaica to achieve develop country status by 2030. In these 
documents and strategies, trade is an important factor to overcome development 
challenges from two perspectives: developing the capacity to trade, i.e. improving 
competitiveness in exp ort markets; and ensuring that the wider society obtains 
development benefits from trade through increased revenues and employment . For 
instance, reference is made to the need to develop economic linkages and clusters 
and to the need to support local commu nities".  
EU Question N° 3: Could Jamaica confirm that "Vision 2030" is still a valid 
plan and specific progress has been achieved improving competitiveness in 
export markets? Are the medium -term socio -economic policy frameworks 
(MTFs), referred to on page 21, para 2.15, delivering positive results?  
 Progress in the achievement of the goals and outcomes of Vision 
2030 Jamaica is measured through use of national outcome 
indicators aligned to the 4 goals and 15 national outcomes. In FY 
2015/16 and up to Decemb er 2016, 67 indicators were utilized to 
assess progress in meeting medium term targets and advancement 
towards the 2030 targets and goals.  
The overall progress of implementation of Vision 2030 Jamaica – 
National Development Plan under successive MTFs (2009 -2012, 
2012-2015 and 2015 -2018) has been mixed. A summary of the 
progress made (based on results to 2015/16) indicates that of a 
total of 67 indicators, 64.2 per cent have shown improvement over 
the baseline year 2007, while 34.3 per cent showed no 
improve ment or worsened relative to the baseline year (It should 
be noted that one (1) indicator each for 2014/15 and 2015/16 
could not be compared in this way due to lack of agreed targets for 
the relevant period) .   
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European 
Union  2 TRADE AND INVESTMENT REGIME  
2.1 General Framework  
Paragraph 2.7, page 18  
The report mentions that "International agreements are concluded by Jamaica after 
approval by the Cabinet. Provisions of international agreements to which Jamaica is 
a party, including WTO agreements, must first be incorporated into domestic law 
before they can be invoked before the courts."  
EU Question N° 4 : Could Jamaica indicate if the provisions of the TFA have 
already been incorporated into its national law?  
 Section II of the TFA recognizes the ne ed for technical and financial 
support and capacity building to facilitate the implementation of the 
Agreement.  Section II, Article 13(2) specifically provides:  
… The extent and the timing of implementation of the 
provisions of this Agreement shall be rel ated to the 
implementation capacities of developing and least -
developed country Members. Where a developing or 
least -developed country Member continues to lack 
the necessary capacity, implementation of the 
provision(s) concerned will not be required until 
implementation capacity has been acquired . (added 
emphasis)  
In ratifying the TFA Jamaica has designated its commitments so as 
to allow for the adoption or amendment of the necessary 
implementing laws, regulations and administrative practices, as 
appropriat e,with a view to ensuring compliance with Jamaica’s 
 
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international obligations in a timely manner. Jamaica is working 
with key international partners in reviewing all its trade -related 
legislation with a view to achieving TFA+ compliance.  
 
European 
Union  The EU has noticed that Jamaica is about to finalise an agreement with the World 
Bank to develop a trade portal to make all regulatory trade -related information 
readily available in a single integrated website. The aim is transparency and 
predictability of  trade procedures, which should increase the compliance level and 
reduce the time and cost of doing business for trade.  
EU Question N° 5 : What is the state of play of this project? Could Jamaica 
give more details?  
  Jamaica is currently far advanced in nego tiating with World 
Bank/International Finance Corporation for the build out of the 
electronic platform as well as integration of relevant data for the 
establishment of a national Trade Portal. An Advisory Agreement 
and Terms of Reference are being finalize d and a Cabinet 
Submission drafted to obtain approval for the commencement of 
the project. The project is expected to extend for one year, 
commencing by the end of 2017.  
 
 The Trade Portal is a major deliverable under the national 
Trade Facilitation Reform Programme.  
 
European 
Union  Paragraph 2.13, page 19  
The report states that the " authorities considered "crime and a lack of public 
security as a key social and economic issue that is holding Jamaica back". The 
Government intends to address corruption by strengthening the framework around 
seizures, forfeitures, and witness protection, and implementing AML/CFT (anti -
money laundering/combating the financing of terrorism) measures to prevent the 
laundering of proceeds of corruption. The Economic Growth Counci l (EGC) proposed 
submitting legislation to Parliament to establish a Major Organized Crime and Anti -
Corruption Agency, as an independent national law enforcement agency focused on 
terrorism, major organized crime, and serious corruption. The IMF stated tha t 
implementation of proposals made by the EGC, including a comprehensive review of 
several laws that govern crime and corruption, is advancing."  
EU Question N° 6: Could Jamaica update the EU on the current state of play 
of these initiatives to further comb at crime and money laundering? Does 
the Jamaica envisage policy changes to make Jamaica more competitive 
and business attractive?  
 The Government of Jamaica is taking steps to strengthen the 
legislative and institutional framework to address crime and 
corruption. These steps include the promulgation of a new Integrity 
Commission Bill, which will strengthen measures for the prevention, 
detection, investigation and prosecution of corruption. A single anti -
corruption unit, the Integrity Commission, will be  established to 
prevent, investigate and prosecute corruption in Jamaica. 
Parliament is also considering a bill to institutionalize an elite law 
enforcement agency to investigate major organized crime.  
 
In order to make Jamaica more competitive and busines s 
attractive, the Government of Jamaica has established a Public 
Sector Transformation and Modernization (PSTM) Programme to 
address and improve public sector efficiency and ease of doing 
business in Jamaica. There are four (4) critical areas under the 
PSTM in which coordinated reforms are taking place: (i) trade and 
investment facilitation and service excellence; (ii) managing public 
sector costs, including through the rationalization of public sector 
bodies; (iii) public sector human resource development and 
management; and (iv) information and communications technology 
transformation. The Government has also implemented a number 
of initiatives under the Business Environment Reform Agenda 
(BERA), which is aimed at improving Jamaica’s performance in key 
international indices, namely the Doing Business Report, the Global 
Competitiveness Index and the Logistics Performance Index.  This 
has taken the form of amendments to existing legislation or the  
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introduction of new legislation and institutional reforms. In order to 
enhance further the business and investment environment, new 
legislation to modernize the Partnerships laws, the Companies Act 
and the Arbitration Act have been introduced. Some of the 
institutional reforms include the expansion of the Commercial 
Division in the Supreme Court and the establishment of the Office 
of Insolvency  
 
European 
Union  2.2 Trade Policy Formulation and Objectives  
Paragraph 2.15, page 21  
The report states that "…Key reforms in the economy include the establishment of a 
Cash management Unit in the Accountant General…".  
EU Question N° 7:Could Jamaica give an update on the set up of the Cash 
management unit within the Accountant General?  
 The Cash Management Unit (CMU) was established in September 
2015 in the Accountant General’ s Department (AGD) and is a 
crucial part of the institutional arrangement to effect the central 
cash management function of the GOJ. Subsequently, a new 
structure for the AGD was approved and the CMU is part of the 
Financial Resources Division. The CMU act s as the Secretariat to the 
Cash Management Committee (CMC) which is chaired by the 
Accountant General. Currently, the CMU is largely responsible for 
cash planning and forecasting but continues to work closely with 
the Fiscal Policy Management Branch (FPMB ) as the unit is still 
being strengthened. The unit also provides actual expenditure data 
and variance reports to the Ministry of Finance and the Bank of 
Jamaica.  
 
European 
Union  Paragraph 2.19, page 22  
The report states that "…Jamaica's second National Export Strategy II (NES II) 
2015-2019 was launched in August 2015. The key goal is to position the country for 
a "market -driven approach to export development…".  
EU Question N° 8: Could Jamaica inform on the state of play of National 
Export Strategy (2015 -2019) halfway through implementation?  
 The National Export Strategy is in its second phase (NES2). It seeks 
to competitively reposition Jamaica’s exports in the global economy 
by focusing on Specific Prio rity Sector and Cross Cutting Areas 
initiatives. To provide efficiency of operation, these export oriented 
initiatives are implemented by agencies in each sector and area 
which have been grouped into ten (10) clusters.  The Strategy is 
considered a “live” document and is expected to register market 
trends and to be updated to reflect market realities.  It is 
anticipated that the implementation of the Strategy will unlock the 
potential of the priority sectors and cross cutting sectors along with 
their value chains.  There is a concerted national effort to drive the 
implementation of the NES2 to meet its objectives. The Mid -Term 
review will be completed by the end of October and will provide the 
information required to make any necessary adjustments to reflect  
the national realities.  
  
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European 
Union  2.3 Trade Agreements and Arrangements  
Paragraph 2.26, page 24  
The report states that "…Jamaica was one of the first member countries to 
implement the first component of the CSME – single market – in 2006. The second 
component, the "single economy", was scheduled for 2016, but has been deferred 
due mainly to pending administrative, fiscal and legal issues".  
EU Question N° 9: Could Jamaica give more details on the difficulties 
encountered mentioned above in conti nuing with the regional integration 
process; is there any roadmap with associated tentative dates for achieving 
the planned activities?  
 Jamaica was part of the consensus that emerged in May 2011 at 
the CARICOM Heads of Government meeting that “… it may be best 
to pause and consolidate the gains from the CARICOM Single 
Market before taking any further action on certain specific 
elements, such as the movement towards a single currency.” The 
Single Economy encompasses the broad macro -economic policy 
coordinati on measures that are necessary to support the regional 
integration process.  These include financial policy coordination and 
harmonization; capital market integration; monetary cooperation; 
fiscal policy coordination and harmonization; and investment polic y 
harmonization. These policy areas are at different stages of 
progress at the regional level. As a result, CARICOM Heads 
recognised that the process towards the full implementation of the 
Single Economy would take longer than anticipated and, therefore,  
agreed that the gains from the Single Market should be 
consolidated before further action on specific elements of the Single 
Economy, particularly the single currency, is taken. This does not 
mean that work on the various policy areas has stopped. Work is 
underway at the regional level on aspects of the Single Economy.  
 
European 
Union  Section 2.3.2.1 CARICOM, page 24  
EU Question N° 10: What are the steps that Jamaica would consider 
necessary to deepen the CARICOM single market and within which 
timeframe? What are Jamaica's objectives towards CARICOM and how does 
Jamaica rank CARICOM compared to other markets with which Jamaica has 
FTAs (detailed in para 2.28 such as Colombia or Costa Rica)?  
 Jamaica is concerned about the implementation deficit that 
curren tly exists across the CSME. A necessary first step to deepen 
the region integration process is the full and effective 
implementation of the CSME commitments. At the 38th Meeting of 
the Conference of Heads of Government of the Caribbean 
Community, held in J uly 2017, Heads of Government adopted an 
Implementation Plan for the period 2017 -2019 for the outstanding 
commitments on the CSME to be implemented by Member States. 
Jamaica is also interested in the free movement of persons so as to 
facilitate the movemen t of labour, an important factor of 
production.  
 
Regional integration processes, like the CSME, can enhance intra -
regional trade; facilitate the expansion of extra -regional trade and 
lead to positive economy - wide effects in the Member States 
involved.  I n addition to trade in goods, other areas of economic 
activity, such as investment, trade in services, and labour mobility, 
have important consequences for growth and incomes. As a result, 
the CSME represents an important mechanism through which 
Jamaica ca n use regional integration and trade to meet its growth 
and development targets. CARICOM is an important market for 
Jamaica but it is not the main market. The countries in the region  
  WT/TPR/M/359/Add.1  
 
- 25 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
with which Jamaica has an FTA, such as the Dominican Republic, 
Costa Rica  and Colombia, are also important markets. Jamaica 
needs to increase its productive capacity to take advantage of the 
market access opportunities in these and other markets.  
 
European 
Union  EU Question N° 11: What is the state of play of the project to create a 
CARIFORUM sanitary agency and what is the role of Jamaica in this project?  
 Jamaica is not aware of a project to create a CARIFORUM sanitary 
agency. There is, however, a Caribbean Agricultural Health an d 
Food Safety Agency, which was established in 2010, with resources 
from the 10th European Development Fund (EDF).It became 
operational in 2014. CAHFSA is mandated to perform a coordinating 
and organizing role for the establishment of an effective and 
efficient regional sanitary and phyto -sanitary (SPS) regime and to 
execute on behalf of  CARICOM Member States such SPS actions 
and activities that can be more effectively and efficiently executed 
through a regional mechanism.  
Jamaica is engaged with CAHFSA.  
 
European 
Union  Section 2.3.2.3 Other arrangements, page 26  
EU Question N° 12: The EU is interested to know the share of the total 
Jamaica exports that are covered respectively by the EU preferential trade 
regime compared to other unilateral preferential arrangements listed in 
section 2.3.2.3 over the last five years  
 Share of Total Exports from Jamaica to the EU, USA and 
Canada between 2012 – 2016 (Percentage)  
 
Year EU USA Canada  
2012 19.9 47 7 
2013 18.4 48.5 14 
2014 19 39.3 15.3 
2015 16.3 37.1 13.9 
2016 prel.  17.3 41.3 12.1 
 
Calculated based on the Statistical Institute of Jamaica (STATIN) 
data 
  
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- 26 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
European 
Union  Paragraph 2.43, page 29  
The report states that "Currently there is no specific legislation on foreign 
investment in Jamaica. The Government  encourages foreign investment as a source 
of development, and has no policies or regulations reserving certain sectors 
exclusively for Jamaicans. The authorities stated that Jamaica applies the principle 
of national treatment to foreign investors. Incenti ves are accessible to both local and 
foreign firms, and the privatization programme is open to participation by foreign 
investors. The Companies Act, which entered into force in 2006, allows foreign 
companies to hold land without registering in Jamaica".  
EU Question N° 13: Is Jamaica planning to review or approve specific 
legislation on foreign investment in the near future?  
 
 The revision of the fiscal incentive regime by virtue of the Omnibus 
incentive legislation in 2013 was a comprehensive exercise that saw 
the government rationalizing and restructuring its resource and 
policies to create an environment in which companies ca n operate 
competitively within Jamaica.   
  
Those revisions, which also included regulatory and administrative 
amendments, were intended to establish the base upon which 
Jamaica will promote and attract investments within the country.  
Not all those amendm ents are complete and therefore work will 
continue to finalise those processes.   
  
Additionally, the government routinely engages with both public 
and private sector stakeholders to gauge the effectiveness of the 
new regime.  As the need arises and the gl obal contexts change, 
the policy positions of the country may change necessitating 
revisions to the legislative framework.   
 
European 
Union  3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
Paragraph 3.1, page 32  
The repor t states that "…According to the authorities, a new Customs Act is to be 
submitted to Parliament by August 2017. […] The main objectives of the new Act 
are to: […] increase the ease with which the legislation is being read and 
understood".  
EU Question N° 1 4: Could Jamaica confirm that the new Customs act has 
been submitted to Parliament as scheduled?  
 The New Customs Act is still undergoing legal scrub. Once this is 
completed it will first go to Cabinet for consideration and 
subsequently to Parliament.  
European 
Union  EU Question N° 15: Could Jamaica give details about this draft and about 
the timeline for entry into force?  
 In summary, the Draft legislation seeks to incorporate international 
best practice where appropriate, including those contained in the 
principles in the Revised Kyoto Convention and the World Trade 
Organization Agreement on Trade Facilitation.  
It is not p ossible to provide at this time a timeline for the entry into 
force of the New Customs Act.  
 
European 
Union  Does Jamaica foresee in the new Customs Act the simplification of import 
procedures in a cost -time efficient manner?  
 Yes  
  WT/TPR/M/359/Add.1  
 
- 27 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
European 
Union  Could Jamaica give some explanation on what measures it intends to 
implement to increase the ease with which the legislation is being read and 
understood?  
 Several approaches are being adopted. These include:  
a) Using modern customs terminology and contem porary words and 
expressions  
b) organizing the legislation in parts according to relevant subject 
areas, to facilitate ease in locating content  
c) Drafting the legislation in easily understandable sections and 
subsections to communicate ideas in a logical manner  
 
European 
Union  Paragraph 3.18 and Chart 3.1, page 35 (Applied tariffs)  
The report states that "…About half of all tariff lines are duty free (down from 57.9% 
at the time of the previous review)…".  
EU Question N° 1 6: What are the reasons why the share of the tariff lines 
that are exempted from duties in export markets has decreased from 
57.9% to 49.9% since the last review?  
 Since the last review, Jamaica has entered into two IMF 
agreements. The agreements called for the review of Jamaica’s 
tariffs with a view to reducing some rates and increasing others. 
Consequently, upon reducing some rates, there was a need to 
rebalance the accounts with additional revenue. Jamaica therefore 
increased the tariff ona number of tariff lines from zero per cent to 
five per cent, consistent with the CET structure established by 
CARICOM.  
 
European 
Union  Paragraph 3.19, page 36  
The report states that "Some 9.8% of lines bear rates of 40%, and only 0.6% of 
lines have a tariff greater than 40%. Items subject to a duty rate of 100% (equal to 
the bound rate) comprise 11 lines of meat and edible meat offal, and edible 
vegetables. The 75% rate is applied to 12 lines of dairy products, and the 50% rate 
is applied to 14 lines of dairy products and arms and ammunitions".  
EU Qu estion N° 1 7: Would Jamaica consider lowering tariffs for those 
agricultural products (meat, fishery products, dairy, vegetables, fruits, 
cereals, beverages, oils) with a final bound tariff close to 100%?   
 The Agriculture Sector is considered very sensitive and as such 
most countries worldwide give special attention accordingly. The 
movement of our tariff is contingent on the policy objective of the 
Government and in a dynamic trading world, policies do change.   
  WT/TPR/M/359/Add.1  
 
- 28 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
European 
Union  Section 3.1.4 Other charges affecting imports  (Excise Tax), page 39 -40 and 
WT/TPR/G – Government's Report, paragraph 3.11, page 6  
The Government's report states that "broader tax reform through the promotion of a 
simpler, more efficient, broader tax base and equitable tax sys tem […] would 
eliminate distortions and become an incentive for economic growth."  
 
EU Question N° 1 8: Will Jamaica, as part of the tax reform under its 
Economic Reform Programme, take steps to align excise tax rates applied 
to imported spirit drinks with the rate applicable to domestic spirits, 
consistent with national treatment obligations, including under the EU -
CARIFORUM Economic Partnership Agreement (EPA) 2008?  
 The main excise tax is called a Special Consumption Tax (SCT) and 
is charged based on a specific rate per litre of pure alcohol. This 
means it is on the alcoholic content of the beverage.  It is an 
internal tax that is applied both locally and on imports a t the same 
rate. There is no differential in terms of the rate applicable to 
domestic spirits and imported spirits.  
On the other hand, there is an additional Stamp Duty (ASD) that is 
applied to selected imported spirits. However, one should be 
mindful tha t the ASD is Jamaica’s only ODC that is notified to the 
WTO in Schedule LXVI. The application of the ASD on spirits 
originating in the European Union will be accorded the treatment as 
per the EPA. It is worth signalling however, that the ASD is 
currently u nder review and as such it would be premature to 
suggest there would be any adjustment to the rates on spirits from 
specific regions.  
 
European 
Union  Paragraph 3.34, page 40  
The Secretariat's report states that "All imports entering Jamaica are subject to  a 
basic stamp duty […]. An additional stamp duty is payable on some imported 
items…"  
EU Question N° 19: Stamp and other additional duties are breeding an 
increasingly burdensome business environment in Jamaica. Does the 
Jamaica envisage to get rid of addi tional duties and streamline its import 
procedures?  
 Jamaica’s only Other Duties and Charges (ODCs) notified to the 
WTO is the additional Stamp Duty. While the country is in the 
process of reforming same, it does not envisage its complete 
removal  
European 
Union  Section 3.1.5 Import prohibitions, restrictions, and licensing Pages 40 -43 
EU Question N° 2 0: Does the Jamaican Government foresee to open 
discussions regarding market access for agricultural products, notably pork 
and derived products?  
 The Jamaican Government is always open to discussions regarding 
market access for any product, including pork and derived 
products. Those discussions, however, must include the 
requirements for entry, in particular the conduct of a thorough risk 
assessment , of the product for which access is being sought.  
  
  WT/TPR/M/359/Add.1  
 
- 29 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
European 
Union  Paragraph 3.54, page 46  
The report states that "The Special  Economic Zones (SEZ) Act of 2015, […] entered 
into force on 1 August 2016...".  
EU Question N° 2 2: What are the measures adopted to facilitate border 
trade with neighbouring countries and, besides Special Economic Zones, 
what are the initiatives taken regarding in particular temporary admission 
and re –export?  
 Border trade with neighbouring countries i s facilitated under 
existing trade agreements. Provisions regarding temporary 
admission, inward and outward processing have been included in 
the Draft Customs Bill, to provide the legal framework to facilitate 
same. In addition, the Customs automated syste m ASYCUDA World 
provides the electronic platform for the processing of these 
transactions.  
European 
Union  3.3 Measures Affecting Production and Trade  
Paragraph 3.84, page 53  (Competition policy and price controls)  
The report states that "No major changes have been made to Jamaica's competition 
policy regime since its last TPR. Competition policy is still governed by Jamaica's Fair 
Competition Act (FCA), 1993, as amended in 2001, and the Fair Competition 
(Notices and Procedures) Regulations, 2000. The FCA's  basic principles include: 
preventing the abuse of market power derived from dominance in a market; 
prohibiting arrangements or agreements that coordinate market behaviour, eroding 
competition; and providing consumers with adequate and relevant information . The 
FCA outlaws, in principle, business practices that restrict or impede competition, 
such as price -fixing, collusion, and misleading advertising…".  
EU Question N° 2 2: Does the Jamaica competition policy cover practices of 
cross subsidizing or pre -empti ng the establishment of potential newcomers 
in a given market such as dual pricing? If so, could you please briefly 
explain the rules applied?  
 Jamaica’s legislative scheme, as described in the Fair Competition 
Act, specifically Sections 17 -21, deals with Anti-Competitive 
Agreements and Abuse of Dominance, which implicitly covers these 
practices.  
European 
Union  Paragraph 3.98, page 55  
The report states that "In December 2015, Jamaica's first stand -alone Public 
Procurement Act (PPA) was signed but has not yet been made operational by the 
Ministry of Finance and the Public Service (MFPS). […] The MFPS is currently 
preparing implementing regulations, which were expected to be completed by 31 
March 2017 to make the PPA effective".  
EU Question N° 2 3: Could Jama ica inform whether the implementing 
regulations were completed?  
 The Public Procurement Regulations are currently being refined to 
include the Government’s policy position on the treatment of 
vulnerable groups.   
  WT/TPR/M/359/Add.1  
 
- 30 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
European 
Union  EU Question N° 2 4: Could Jamaica give any indicative date at when the 
Public Procurement Act will become effective?  It is anticipated that the Public Procurement Act and attendant 
regulations will become effective during 2018.  
United 
States of 
America  
 Questions based on the Secretariat’s Report (WT/TPR/S/359)  
 
Page 22, Paragraph 2.17:  The Secretariat Report notes that Jamaica is drafting a 
new Foreign Trade Policy to “advance the alignment of trade policy and strategy 
with the Growth Agenda.”  In addition, a Trade Facili tation Task Force is developing 
a road map and project plan to “enhance the potential contribution of trade to 
economic growth.”   
 
Are there opportunities for interested stakeholders outside of Jamaica to 
provide input on these projects ? 
 With regard to t he Foreign Trade Policy, extensive consultations 
were held with stakeholders in the public and private sectors and 
civil society as well as with interested parties outside of Jamaica, 
primarily inter -governmental organizations such as UNCTAD, ITC, 
etc.  Th e Trade Facilitation Task Force has been working closely 
with the World Bank.  
United 
States of 
America  
 Page 32, Paragraph 3.1:  The Secretariat Report states that Jamaica is working to 
submit a new Customs Act to Parliament.  Is Jamaica considering providing customs 
authorities with ex officio authority?  How would the enforcement powers of the 
Commissioner of Customs be strengthened?  What procedures or implementing 
regulations will be required to fully support the implementation of ASYCUDA World?  
What is the current status of the legislation?  Is the text available to the general 
public?  
 
Is Jamaica considering providing customs authorities with ex officio 
authority?  
 This question requires some clarification re the nature of the ex 
officio authori ty being referred to2. 
                                                
 2 The current position is that the Jamaica Customs Agency is an executive agency under the Executive Agencies Act. Additionally , the general powers of the 
Commissioner of Customs with respect to the administration of the JCA and the collection of the revenue  are primarily stipulated in the Revenue Administration Act, the 
Tax Collection Act and the Customs Act.  
 
  
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- 31 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  Page 32, Paragraph 3.1: Jamaica has asked the United States to clarify its original 
question.  
 
Does the new Customs Act empower customs authorities to act on their 
own initiative to investigate, initiate actions, seize, suspend or detain 
potentially violative goods without prior right holder action or request?  
 
 
 
 
 
 Clarification is being sought as to the "actions" contemplated and 
the exact meaning of "suspend" within this context. 
Notwithstanding, the following response is being provided:  
The new Customs Act empowers the customs authority to 
investigate, seize, and/or detain goods that are prohibit ed 
goods.   All relevant prohibited goods will be identified in the 
relevant legislation and/or in subsidiary legislation (for example, a 
Ministerial Order) promulgated under the Customs Act. The current 
Customs Act (Section 40 (ii)) provides that Intellect ual Property 
Rights infringing goods are prohibited goods.   There is no intention 
to alter this substantive position, except that the prohibition will no 
longer be itemised in the principal Act but in an appropriate 
subsidiary law.  
Accordingly, the customs authority may take unilateral action 
against IPR infringing goods if the same is detected during the 
course of an operation or examination. The law does not, however, 
compel the customs authority to take such unilateral action.  
Further, the provisi ons in the new Customs Bill will not interfere 
with or override the alternative mechanism detailed under the 
Trademarks Act, whereby a rightsholder may request that the 
Commissioner of Customs treat infringing goods that are being 
imported or about to be i mported into Jamaica, as prohibited goods 
under the Customs Act. The legislation requires that in making the 
request, the rightsholder satisfy certain conditions and provide 
specified information to the Commissioner of Customs. The 
conditions to be satisfi ed include the rightsholder indemnifying the 
Commissioner of Customs in respect of all claims or losses that may 
result from the enforcement action. The information to be provided 
include the identification of the trademark that is being infringed 
and suff icient details to enable the customs authority to accurately 
identify the shipment of infringing goods.   
  WT/TPR/M/359/Add.1  
 
- 32 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  How would the enforcement powers of the Commissioner of Customs be 
strengthened?  The Draft Customs Bill 2017 contains a number  of provisions aimed 
at strengthening the enforcement powers of the Commissioner of 
Customs. Some examples are:  
 
a) empowering officers of the JCA to conduct searches of shipments 
in the absence of the importer or his agent, subject to certain 
safeguards  
 
b) providing that sums owed to the Customs may be  recovered 
through a wide range of means, including garnishment, distress 
and liens over relevant property. This is in addition to the power to 
recover sums owed through proceedings in the courts.  
 
c) more  stringent and clear record keeping obligations - this is both 
an enforcement  and compliance tool  
 
d) providing for the personal liability, in appropriate and clearly 
prescribed circumstances, of individuals responsible for the 
management and control of c ompanies and unincorporated entities 
where the latter commit certain types of breaches of customs laws. 
This is intended to prevent individuals from "hiding" behind the 
corporate veil.  
 
United 
States of 
America  What procedures or implementing regulations will be required to fully 
support the implementation of ASYCUDA World?   
 There are several rules that are required in order to fully support 
the implementation of ASYCUDA World. Section 206F of the 
Customs Act ( as amended by section 11 of the Customs 
(Amendment) Act 2014) provides that the Commissioner may make 
rules regarding the operation and use of the Customs System. The 
implementation of the AW system is still underway and the JCA 
continues to review its bus iness processes in light of the 
opportunities that the system now offers vis -a-vis the demands of 
the trading community. Further, the JCA is seeking to maximize the 
system by for example, integrating the same with the Port 
Community System and utilizing th e same for the implementation 
of the Single Window. These developments have necessitated a 
review of existing rules and the development of new ones.  
 
United 
States of 
America  What is the current status of the legislation?  
 The legislation is now in draft form. A First Draft Bill has been 
prepared by the Office of the Parliamentary Counsel. The same has 
been circulated to stakeholders for comment and a Second Draft is 
awaited.  
  
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- 33 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  Is the text available  to the general public?  
 The text has not been circulated generally to the public at this time. 
It has however, been widely circulated to stakeholders within both 
the public and private sectors. In particular, the draft Bill has been 
circulated to all orga nizations that represent key industry partners. 
These include, for example, the Shipping Association of Jamaica, 
the professional organizations that represent customs brokers, the 
Jamaica Manufacturers Association, the Jamaica Exports 
Association, Medium a nd Small Business Enterprises, among many 
others.  This facilitates the review of the document and effective 
compilation of comments.  
 
Once tabled in the Houses of Parliament, the proposed legislation 
will be available for comment by all members of the pu blic.  
 
United 
States of 
America  Page 36, Paragraph 3.21:   The Secretariat Report states that “all imports entering 
Jamaica are subject to a basic stamp duty (Section 3.1.5), while an additional stamp 
duty is payable on certain items (mostly agricultural products).”  Please explain how 
the additional stamp duty (ASD) is assessed on agricultural products in general, and 
on poultry imports (HS codes 0207.21, 0207.22, 0207.41.2, 0207.41.9 Ex, 
0207.42.1, and 0207.42.9   Ex) specifically.   
 
Does Jamaica levy the ASD only on c.i.f. value, or is ASD assessed on the 
total of c.i.f. value and import duty added together?  In addition, please 
explain what legislation and/ or regulation references the requirement for 
ASD and how the ASD is assessed.  
 The Additional Stamp Duty is governed by the Stamp D uty Act 
1937, with several updates over the years.   Pursuant to Appendix 
A of the Stamp Duty Act, the ASD is assessed on the aggregate of 
the import value (CIF) and the import duty (CET).  
United 
States of 
America  Page 38, Paragraph 3.23:  According to the Secretariat Report, “MFN applied rates 
exceeded their bound levels for 32 tariff lines; for some products the gap is over 10 
percentage points.”   
 
What are Jamaica’s plans to bring its duties into conformity with  its tariff 
bindings?  
 Jamaica is a member of CARICOM and as such our tariffs are 
established to a large extent by CARICOM. We recognize that over 
two thirds of the stated lines were in fact established under the 
Common External Tariff (CET) regime and the  CARICOM Secretariat 
is aware of this anomaly. The CARICOM Secretariat has employed a 
consultant to review the existing CET regime, and Member States 
have been informed that this issue will be addressed. This exercise 
is scheduled to be completed by Decemb er 2017.  
 
The remaining lines are currently under discussion and will be 
addressed shortly.  
  
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- 34 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  Page 43, Paragraph 3.38:   The Motor Vehicle Import Policy of 2014 has been in 
force since April 2014, but regulations for the Policy are still under development.   
 
Since it has been over three years since the Policy has been in force, can 
Jamaica provide a date for when those regulations will take effect?  
 The motor vehicle import policy regulation is far advanced in terms 
of completion. The draft regulation has been circulated for 
comments from various stakeholders and is currently with the Chief 
Parliamentary Council (CPC) un dergoing legislative scrub. At this 
time it is not possible to provide an exact date as to when the 
regulations will take effect; however, work is being done on the 
regulations.  
 
United 
States of 
America  Page 44, Paragraph 3.43: The Secretariat Report states that “the ADSC, in 
conjunction with its portfolio Ministry, has proposed amendments to the Customs 
Duties (Dumping and Subsidies) Act, which are currently pending, in an effort to 
improve the clarity a nd usability of the regime for contingency measures in 
Jamaica.”   
 
Please explain the expected timeline for completion of the legislative 
process for implementing the proposed amendments.  Please also confirm 
that any revisions will be promptly notified t o the relevant WTO committees 
for review by Members . 
 The amendments to the Customs Duties (Dumping and Subsidies) 
Act are in the drafting stage of the legislative process. Revisions will 
be notified in accordance with Jamaica’s obligations under the WTO 
Antidumping Agreement and the Agreement on Subsidies and 
Countervailing Measures.  
 
United 
States of 
America  Page 51, Paragraph 3.79 – 3.80:  These paragraphs in the Secretariat Report 
describe Jamaica’s food safety system.  Jamaica bans imports of U.S. pork due to 
concerns about pseudorabies.  There have been no reported cases of pseudorabies 
in the United State s since March 2003.   
 
When does Jamaica intend to remove its import ban on all U.S. pork 
products?  
 Jamaica is party to the Protocol Governing CARICOM Control 
Analysis and Approval Procedures for trade in animal and animal 
products.  Any third country wis hing to export animal, animal 
product or by -product into Jamaica must apply for such access 
through the CARICOM Secretariat from which a determination is 
made whether to grant a permit to allow entry or whether a risk 
assessment must first be conducted.  
 
United 
States of 
America  Page 53, Paragraph 3.88:  The Secretariat Report states: “The FTC recently 
concluded work on the consumer protection framework for the Organization of 
Eastern Caribbean States (OECS). Specifically, the FTC recommended a structure f or 
consumer protection, institutional arrangements and operational mechanisms, as 
well as a work plan for the implementation of all aspects of creating a regime for 
OECS member states. Recommendations concluded that there should be a single 
enforcement reg ulator for the region, with satellite offices in each member state; 
and the regulator should have responsibility for prosecution, while a tribunal should 
adjudicate on consumer protection matters.”   
 
What is the status of this work plan for the implementa tion of the FTC's 
recommendations?  Has Jamaica fully committed to implementing the work 
plan?  
 The FTC was requested to make recommendations only.  We were 
not requested to implement the recommendations or to guide the 
implementation of the recommendation s.  It is our understanding 
that the OECS is considering the recommendations and will decide 
on its next steps.   
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- 35 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  Page 55, Paragraph 3.98:  The Secretariat Report notes that the Ministry of Finance 
and Public Service is working on implementing regulations for the Public 
Procurement Act, and that the work was expected to be completed by 31 March 
2017.   
 
Has Jamaica co mpleted its preparation of implementing regulations?  If 
not, when does the Ministry of Finance and Public Service expect the work 
on implementing regulations to be completed?  
 The Public Procurement Regulations are currently being refined to 
include the G overnment’s policy position on the treatment of 
vulnerable groups. The Public Procurement Regulations are 
expected to be completed by 31 March 2018.  
 
United 
States of 
America  Page 56, Paragraph 3.102:  The Secretariat Report notes that procuring entities are 
encouraged to set aside 15 percent of total annual procurement for SMEs and that a 
domestic preference of up to 10 percent is permitted.   
 
How much of annual procurement, as a percentage, is actually set aside for 
SMEs?  Does Jamaica track the results of this encouragement?  What are 
the laws or regulations that determine when a procurement is set aside or 
when a preference should be used?  How much of annual procurement, a s a 
percentage, uses the 10 percent domestic preference?  
 Mechanisms are now being put in place to identify and monitor the 
application of the set aside and domestic preference. The legislative 
framework is currently being developed; however, the Governmen t 
of Jamaica Handbook of Public Sector Procurement Procedures 
2014 provides the policy position and application guidance on how 
these programmes are to be implemented.   
United 
States of 
America  Page 56, Paragraph 3.104:  Jamaica is neither an observer to, nor a member of, the 
WTO Agreement on Government Procurement (GPA).   
 
Given the efforts made to modernize and improve upon Jamaica’s national 
government procurement framework and given that obs ervership provides 
opportunities to engage with GPA Members on government procurement 
issues more broadly without taking any obligations, has Jamaica 
considered requesting to become an observer to the GPA?  
 No, Jamaica has not given consideration to becomi ng an observer 
to the WTO Agreement on Government Procurement.  
  
  WT/TPR/M/359/Add.1  
 
- 36 - WTO 
Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  Page 56, Paragraph 3.107 :  The Secretariat Report states that the Jamaica 
Intellectual Property Office (JIPO) continues to administer intellectual property (IP) 
systems in Jamaica, in the areas of trademarks, industrial designs, geographical 
indications, copyright and related rights , patents, and layout -designs.   
 
We would like to know more about the scope of JIPO functions and 
operations related to copyright law and related rights.  For example, does 
JIPO administer the copyright registration system?  What benefits, if any, 
are obt ained by registration of copyrights?  Please provide further 
information on the cost of filing an application for copyright registration, 
the time frame for an application to be acted upon, and any annual 
statistics on registrations issued.   
 JIPO adminis ters a voluntary copyright registration system. Under 
the Copyright Act, copyright registration shall, in the absence of 
evidence to the contrary, be presumed to be authentic for all 
purposes and shall be admissible as evidence of the contents 
thereof in a ny legal proceedings. However non -registration of a 
work in the Copyright Register shall not deprive an author of his 
rights in relation to the work and the registration of a work in the 
Register is not a condition precedent to instituting legal action for  
the infringement of copyright or any related rights in the work. The 
cost of filing an application for copyright registration varies from 
J$500.00/ US$4.00 (for 1 -10 poems, lyrics or short stories) to 
J$7,000.00/US$54.00 (for feature films/plays) dependin g on the 
type of copyright work to be registered. The time frame for an 
application to be acted upon is 1 -2 weeks. We do not have any 
annual statistics on registrations at present.  
 
United 
States of 
America  Pages 57 –58, Paragraph 3.108 :  The Secretariat Report notes that Jamaica is a 
member to several intellectual property treaties, including the Berne Convention, 
the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, and 
the Beijing Treaty.   
 
Does the Government of Ja maica have plans to join the Marrakesh Treaty?  
 
 The Government of Jamaica plans to join the Marrakesh Treaty. 
Relevant amendments have already been made to the Copyright 
Act.   
  
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Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  Page 58, Paragraph 3.112 :  The Secretariat Report does not mention whether 
compulsory licenses are permitted under its copyright law.   
 
Does the Government of Jamaica administer compulsory licenses under the 
copyright laws?  Who sets the rates and how are they set? Additionally,  
there have been numerous reports of copyright owners not being 
remunerated for retransmission of copyrighted television programming.  
How is enforcement of royalty payments handled?  
 
 Compulsory licences are permissible under the Copyright Act, 
through ap plication to the Copyright Tribunal, but only in 
circumstances where:  
 
(i) a person claims, in a case covered by a licensing scheme, that 
the operator of the scheme has refused to grant him or procure the 
grant to him of a licence in accordance with the sc heme, or has 
failed to do so within a reasonable time after being asked; or  
 
(ii) a person claims, in a case excluded from a licensing scheme, 
that the operator of the scheme either (a) has refused to grant him 
a licence or procure the grant to him of a li cence, or has failed to do 
so within a reasonable time of being asked, and that in the 
circumstances it is unreasonable that a licence should not be 
granted, or proposes terms for a licence which are unreasonable.  
 
If the Tribunal is satisfied that the claim is well -founded, it shall 
make an order declaring that, in respect of the matters specified in 
the order, the applicant is entitled to a licence on such terms as the 
Tribunal may determine to be applicable in accordance with the 
scheme or, as the cas e may be, to be reasonable in the 
circumstances. The rates are set by the Copyright Tribunal. The 
order may be made so as to be in force indefinitely or for such 
period as the Tribunal may determine. The operator of the scheme 
or the original applicant may  apply to the Tribunal to review its 
order. Enforcement of royalty payments are handled through the 
collective management organisations (CMOs) which operate in 
Jamaica.  
 
United 
States of 
America  Page 58, Paragraph 3.114:   The Secretariat Report notes enfo rcement statistics 
regarding breach of copyright.  However, the statistics do not indicate the nature of 
the infringement at issue.  We are aware of reports of unlicensed public 
performances of copyrighted music via cable and satellite operators and broadc ast 
television and radio.   
 
Does Jamaica have any information as to whether any of the cited 
enforcement actions addressed such activities?  Additionally, does Jamaica 
have any information or statistics regarding civil copyright cases?  
 
 
 Some of the cite d enforcement actions addressed unlicensed public 
performances of copyrighted music via cable and satellite operators 
and broadcast television and radio. The local CMOs have been 
taking enforcement action against such unauthorized users: several 
such users  have been taken to Court for copyright infringement. We 
do not at present have any statistics regarding civil copyright cases 
in Jamaica.   
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Members 
Submiting 
Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  Page 59, Paragraph 3.116 :  The Secretariat Report notes that courts have the power 
to take provisional measures, such as interlocutory injunctions in the case of 
trademarks and copyright and related rights.  The Report cites examples of such 
injunctions in the case of trademarks and designs but not in the case of copyright 
and related rights.   
 
Have courts implemented interlocutory injunctions in the case of copyright 
and related rights?  Does Jamaica have any statistics related to such 
interlocutory injunctions in the case of co pyright and related rights?   
 
 
 Courts in Jamaica have implemented interlocutory injunctions in the 
case of copyright and related rights. We do not at present have any 
statistics related to such interlocutory injunctions in the case of 
copyright and relat ed rights.  
 
United 
States of 
America  Page 59, Paragraph 3.118 : The Secretariat Report notes that a major focus for JIPO 
has been: (1) public sensitization from education institutions to the general public; 
(2) providing guidance on matters relating to IPRs to members of the Jamaican Bar 
Association and the Attorney General's Chambers; and (3) specialized training 
courses on IP enforcement to members of the Organized Crime Investigation 
Division, the Office of the Director of Public Prosecutions, and Jamaica Customs 
Agency, under the auspices of the World Intellectual  Property Organization (WIPO), 
the U.S. Department of State and/or the U.S. Patent and Trademark Office.   
 
Are there any statistics to assess the impact of these efforts?  Which of 
these efforts has been the most demonstrably successful?  
 There are no sta tistics available that assess the impact of these 
efforts. The effort that has been the most demonstrably successful 
is public sensitization.   
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Members 
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Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  Page 62, Paragraphs 4.11 - 4.12:   The Secretariat Report states, “[t]ariff  protection 
for agricultural products remains substantially higher than for non -agricultural 
products.”   
 
Does Jamaica have any plans to lower these tariffs and stamp duties to 
open markets?  Also, can Jamaica provide greater clarity on how the final 
assessment of duties is calculated?  
 
  
 During the construction of the Common External Tariff (CET) 
regime, Member States were in favour of having higher tariff on 
agricultural products as opposed to non -agricultural products. This 
view was reflected according ly in the CET structure. Nonetheless, it 
is worth mentioning that Jamaica has taken steps to reform the 
tariff, where possible, in our 2014 tariff review. The objective of the 
2014 review was to simplify the tariff structure and reduce 
opportunities for mi sclassification by reducing tariff dispersion, 
reducing substantially high rates and generally converging to a 
standard maximum rate of 20 per cent, subject to CARICOM 
requirements  
 
With respect to stamp duties, Jamaica is currently reviewing the 
Additiona l Stamp Duty (ASD) rates. It may be premature to 
indicate at this stage whether there will be an overall reduction in 
the general rates at the end of the review process.  
 
As stated earlier, the ASD is assessed on the aggregate of the 
import value (CIF) and the import duty (CET), whereas import duty 
is assessed on the CIF value.  
 
United 
States of 
America  Page 83, Paragraph 4.102 : The Secretariat Report notes that the Office of Utilities 
Regulation (OUR) receives and processes applications for licenses to  provide 
telecommunications services and that other relevant agencies in the 
telecommunications sector include the Broadcasting Commission.   
 
What steps do these or other agencies undertake to ensure against illegally 
broadcast content?  
 The Office of Utilities Regulation (OUR) takes no steps and plays no 
role against illegally broadcast content. However, the Broadcasting 
Commission issues licences which include as a condition that 
copyright is respected and not infringed by licencees. Lic encees 
who infringe copyright are liable to have their licences suspended 
or revoked.  
United 
States of 
America  Questions based on the Government Report (WT/TPR/G/359)  
 
Page 13, Paragraph 5.3 :  The Government indicates that when the new whole -of-
Government approach to reviewing its policy is completed and a new Policy and 
Action Plan is approved, Jamaica will “leverage the benefits of trade -related issues, 
such as intellectual property rights. ” Please explain the kind of benefits that are 
expected and what steps will be taken if these benefits accrue.   
 
Also, what is the expected timing for the completion of this Policy and 
Action Plan?  
 The Foreign Trade Policy and Action Plan are now before  the 
Cabinet for Approval.   
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Members 
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Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  Page 16, Paragraph 7.10:  The Government Report notes that the Copyright Act was 
amended in 2015.  We understand the Government of Jamaica also is working on 
possible revisions to the collective management system that governs copyright 
collective licensing.   
 
Please provide a s ummary of the provisions being drafted and the expected 
timing for implementation of these revisions.  
 
 
 
 The Government of Jamaica is currently working on drafting the 
Copyright (Licensing Bodies) Regulations to regulate the operations 
of CMOs in Jamaica.  The provisions being drafted seek to regulate:  
(i) applications for registration as a licensing body and the grounds 
of refusal of such applications;  
(ii) the functions of licensing bodies and their responsibilities to 
their members and to the public;  
(iii) unethical practices of licensing bodies;  
(iv) renewal, suspension and revocation of registration;  
(v) changes in tariff rates.  
The expected timing for implementation of these revisions is during 
2018.  
 
United 
States of 
America  Page 16, Paragraph 7.12:  The Government Report indicates that amendments are 
going to be made to the Copyright Act “to provide for cross -border copyright 
transactions and to add to the list of authorized bodies which can make accessible 
formats for visually and print disabl ed persons.”  
 
Please describe the steps in the legislative process for this proposed 
legislation.   
 The steps include Cabinet Decision and then passage by both 
Houses of Parliament, then assent by the Governor General.  
 
United 
States of 
America  Page 17, Paragraph 7.20:  The Government Report states that Jamaica is “seeking 
to establish a ‘WTO/TBT National Enquiry Point Portal’” to meet the relevant 
obligations in the TBT Agreement.   
 
What is the timetable for completion of this project?  Will it  provide 
stakeholders outside of Jamaica access, as well?  
 The WTO/TBT National Enquiry Point Portal  is scheduled to be 
launch on Wednesday, 11 October 2017 . The portal was designed 
to provide access to both local and international stakeholders  
United 
States of 
America  Follow -Up Questions regarding the Secretariat’s Report (WT/TPR/S/359)  
 
Pages 57 –58, Paragraph 3.108  
 
Follow up question:  
 
The Government of Jamaica indicated in its response that it intends to join the 
Marrakesh Treaty.  
 
What is the time line for depositing an instrument of ratification or 
accession with WIPO?  
 Jamaica aims to ratify by the end of 2018 after the relevant 
amendments to the Copyright Act are effected.  
  
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Questions  Questions submitted  Responses from Jamaica  
United 
States of 
America  Page 58, Paragraph 3.112 : 
 
Follow up question:  
 
Is there an enforcement mechanism available through the Copyright 
Tribunal?  Are past failures to remunerate considered in the Copyright 
Tribunal’s determination of whether an applicant is entitled to a license or 
the applicable terms?  
 Enforcement availa ble through the Copyright Tribunal is limited to 
disputes over licensing schemes. The Tribunal is free to consider 
the reasonableness of the request for a licence and can take into 
account past failures to remunerate.  
United 
States of 
America  Follow -Up Question regarding the Government Report (WT/TPR/G/359)  
 
Page 16, Paragraph 7.12 : 
 
Follow up question:  
 
Please provide the expected timing for implementation of legislative 
amendments to the Copyright Act “to provide for cross -border copyright 
transactions  and to add to the list of authorized bodies which can make 
accessible formats for visually and print disabled persons.”  
 Jamaica expects to further amend the Copyright Act to provide for 
cross-border transactions under the Marrakesh Treaty during the 
course of 2018.   
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Costa Rica  I PARTE: PREGUNTAS PERTINENTES AL REPORTE DE SECRETARÍA  
Página 36 ( párrafo 3.7)  
 
3.7. En los últimos años, Jamaica ha adoptado medidas a fin de reducir el tiempo 
necesario para la importación de mercancías; entre ellas, cabe citar la posibilidad de 
presentar declaraciones de aduanas en horario nocturno. A pesar de ello, según las 
cifras del Banco Mundial, en 2016 Jamaica ocupaba el puesto 131º en la clasificación 
de 190 economías según la facilidad para realizar actividades comercia les 
transfronterizas (frente al puesto 104º que ocupaba en 2011 entre un total de 183 
economías). En lo que respecta al cumplimiento fronterizo, se necesitan 80 horas y 
906 dólares de EE.UU. para realizar una importación en Jamaica, lo que supera los 
prome dios registrados en América Latina y el Caribe. Sin embargo, en cuanto al 
cumplimiento documental, el promedio de Jamaica es mejor que el de América 
Latina y el Caribe (cuadro 3.1).  
 
3.7 Over the last few years, Jamaica has taken measures to reduce the tim e 
needed to import, including by allowing customs entries to be lodged at night. 
Despite this, according to the latest World Bank figures, in 2016, Jamaica was 131st 
in the ranking of 190 economies on the ease of trading across borders (compared 
with 104th out of 183 economies in 2011). Regarding border compliance, it takes 80 
hours and US$906 to import to Jamaica, more than the Latin America and Caribbean 
average. However, regarding documentary compliance, Jamaica ranks better than 
the Latin America and Ca ribbean average (Table 3.1).  
Pregunta:  
Como parte de la búsqueda de la facilitación de comercio, y el desarrollo de 
más y mejores relaciones comerciales internacionales, ¿podría Jamaica 
indicar cuáles medidas se están tomando para reducir la cantidad de ho ras, 
y el costo de importación relacionados con el cumplimiento fronterizo?  
 
As part of the effort to facilitate trade and the development of more and better 
international trade relations, could Jamaica indicate what measures it is taking to 
reduce the number of hours spent and the cost incurred in relation to fulfilling 
border controls.  
  According to the World Bank’s Doing Business 2017 Report, 
Jamaica improved the efficiency of its border procedures with 
the introduction of ASYCUDA World. The time to c omplete 
documentary requirement for exports was reduced from 62 to 
47 hours, a 24% improvement. However, Jamaica’s ranking for 
ease of doing business in the World Bank’s 2017 Doing 
Business Report, slipped to 67, from 65 and 58 in the 2016 and 
2015 Reports  respectively.  
 While Jamaica made slight improvements in its trading across 
borders, the significant change which is necessary to become 
competitive across borders cannot be underestimated.  
Jamaica continues to lag behind the rest of the region ranking 
27 out of 32 Latin America and Caribbean countries when 
trading across borders.  
 Jamaica, however, having ratified the WTO Agreement on 
Trade Facilitation in 2016 remains committed to Trade 
Facilitation reform. Trade Facilitation forms part of the GOJ’s 
wider Public Sector Transformation and Modernization Reform 
Programme, a programme developed under the Standby 
Arrangement with the International Monetary Fund (IMF) as a 
critical target.  These reforms have also been committed under 
a Public Sector Reform Pro gramme of the Inter -American 
Development Bank (IDB) which has come on board as a 
development partner.  
 A Trade Facilitation (TF) Road Map and Action Plan for the 
implementation of the range of TF reforms was developed and 
approved by Cabinet in 2016. This i ncludes Jamaica’s 
obligations under the World Trade Organization (WTO) 
Agreement on Trade Facilitation (TFA) as well as a range of 
other TFA -plus reform targets that were established by the 
Government of Jamaica (GOJ) in 2016.  
 The major goals of the TF Pro gramme are to ensure greater 
transparency; improvement in the business and trading 
environment; and boost the competitiveness of domestic firms 
in the international market place. The TF Action Plan outlines 
113 individual activities, which are intended to actualize these 
required reforms that are then grouped into 6 Outputs under 
three main lead Ministries. The Ministry of Industry, 
Commerce, Agriculture and Fisheries (MICAF) is the  
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coordinating Ministry for the implementation of the National 
Trade Facilita tion (TF) Reform Agenda, while the monitoring of 
implementation activities is undertaken by the national Trade 
Facilitation Task Force (TF)2 established under the Ministry to 
drive TF Reform.  
Improving Cross Border Trade (Documentation, Time and 
Cost)  
 
 The implementation of the activities under the Trade 
Facilitation Programme, is crafted to address over regulated 
trade practices, high levels of uncoordinated inspections, 
absence of an integrated and harmonized framework for 
Border Agencies, and the preval ence of manual processes in 
Jamaica.  
 A Steering Committee has also been established by the 
Ministry of Industry, Commerce, Agriculture and Fisheries 
with the mandate to develop actions and strategies for the 
Simplification and Streamlining of Administrati ve and 
Regulatory Reform to reduce red tape by:  
i. Coordinating and reducing the multiplicity of 
inspections by Border regulatory agencies.  
ii. Eliminating the over regulation and high number 
of documents (Eg. certificates, permits and 
licenses) required for impo rts and exports.  
iii. Improving clearance times at the border.  
iv. Amending or creating legislation that facilitates 
the ease of trade.  
 The Committee will seek to achieve this through (i ) Business 
Process Reform; (ii) Enhancing the Trade Support Capabilities of 
Border Regulatory Agencies; and (iii) The introduction of risk 
management practices in all regulatory agencies.  
  
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Costa Rica  Páginas 30 a 32 (párrafos 2.40 y 2.43) Paragraphs 2.40  and 2.43  
 
2.40. El Gobierno se ha esforzado por simplificar y racionalizar sus programas de 
incentivos para las empresas.  
 
2.40 The Government has been making efforts to simplify and streamline its 
incentive programmes for businesses.  
2.43. Actualmente Jamaica no cuenta con ningún instrumento legislativo específico 
sobre las inversiones extranjeras. El Gobierno fomenta la inversión extranjera como 
motor del desarrollo y no tiene políticas o reglamentaciones que reserven 
determinados sec tores exclusivamente a los ciudadanos nacionales. Las autoridades 
han señalado que Jamaica aplica el principio de trato nacional a los inversores 
extranjeros. Tanto las empresas nacionales como las extranjeras pueden 
beneficiarse de los incentivos, y el Pr ograma de Privatización está abierto a la 
participación de los inversores extranjeros. La Ley de Sociedades, en vigor desde 
2006, permite que las sociedades extranjeras sean propietarias de tierras sin 
registrarse en Jamaica.  
 
2.43 Currently there is no s pecific legislation on foreign investment in Jamaica. 
The Government encourages foreign investment as a source of development, and 
has no policies or regulations reserving certain sectors exclusively for Jamaicans. 
The authorities stated that Jamaica appli es the principle of national treatment to 
foreign investors. Incentives are accessible to both local and foreign firms, and the 
privatization programme is open to participation by foreign investors. The 
Companies Act, which entered into force in 2006, allo ws foreign companies to hold 
land without registering in Jamaica.  
Pregunta:  
 
¿Podría Jamaica indicar cuáles son los sectores prioritarios para la 
atracción de inversión?  
¿Podría Jamaica indicar si el proceso de otorgamiento de incentivos toma 
en considera ción a los sectores prioritarios y, de ser el caso, la forma en la 
que lo hace?   
 
Could Jamaica indicate which are the priority sectors for attracting investment? 
Could Jamaica also indicate if the process of granting incentives takes these priority 
sectors into consideration and, should that be the case, what form does it take?  
 The strategic investment priorities include:  
 
 Energy, Construction, Engineering and Utility Services  
 Education and Research  
 Business and Financial Services  
 Chemicals, Plastics  and Primary Metals  
 Agribusiness, Food Processing, Spirits  
 Electrical Equipment, Appliance and Component 
Manufacturing  
 Biomedical/Biotechnical  
 Transportation and Logistics  
 Business Process Outsourcing  
 Tourism, Health and Wellness and Medical Tourism  
 Creative Industries  
 Information Communication Technology (ICT)  
In 2013, the government promulgated a suite of legislation, 
collectively known as the Omnibus Incentives Legislation, which has 
streamlined the legislative framework for fiscal incentives in th e 
country. The general thrust of the Omnibus Incentives legislation 
was to move away from a sector -specific incentive regime and 
focus more on productive activity – regardless of the sector or 
industry.    
  
In general, the country’s incentives regime is t herefore comprised 
of the Omnibus Incentives  
Legislation, as well as stand -alone incentive regimes for other areas 
focusing on encouraging  
Urban Renewal, the development of the Junior Stock Exchange, 
establishment of the Special  
Economic Zones (SEZs), c ontinuation of the Bauxite industry, 
encouragement of large projects and pioneer industries, attracting 
regional group headquarters.   
  
In general, the fiscal incentives, particularly those within the 
context of the Omnibus Incentives regime address the c orporate 
income tax rates or the import duties on select items. They are 
primarily performance based and therefore can only be accessed 
where the government has confirmed that certain activities have 
taken place.  
   
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One major outcome of the 2013 Omnibus In centive legislation is 
the removal of discretionary incentives. Therefore, all fiscal 
incentives are the creatures of legislation and the government has 
established systems to monitor and evaluate the performance of 
the incentives vis -à-vis their costs.  
 
Costa Rica  Página 86 (párrafo 4.68)  
4.68. Jamaica participa en las consultas regionales destinadas a ultimar el proyecto 
de Acuerdo de Servicios Financieros de la CARICOM (CFSA). Se prevé que este 
acuerdo desempeñará una función esencial en el Mercado y Economía Únicos de la 
CARICOM al facilitar la formación de un mercado de servicios financiero armonizado 
en el seno de la comunidad.  
 
4.68 Jamaica is participating in regional consultations aimed at finalizing the 
draft CARICOM Financial Services Agreement (CFSA). The CFSA is expected to play 
a critical role in the CSME (CARICOM Single Market and Economy) by facilitating the 
formation of a ha rmonized financial services market in the community.  
Pregunta:  
¿Podría Jamaica proveer mayores detalles con respecto a los contenidos del 
Acuerdo de Servicios Financieros de la CARICOM? ¿Podría Jamaica brindar 
mayores detalles sobre el tipo de barreras al  comercio que dicho Acuerdo 
busca solventar?  
 
Could Jamaica provide further details with respect to the contents of the CARICOM 
Financial Services Agreement (CFSA)? Could Jamaica provide further details as to 
the type of barriers to trade that this Agreeme nt is attempting to resolve?  
 
 The CFSA is intended to support the CSME Free Movement 
Regimes, particularly Chapter three (3) of the Revised Treaty of 
Chaguaramas  Establishing the CARICOM Single Market and 
Economy (CSME), which   concerns Establishment, Services, Capital 
and Movement of Community Nationals.   The CFSA will also 
facilitate the harmonization of the policy, regulatory and the 
oversight frameworks for th e cross -border operation of financial 
services entities across the CSME. With respect to the scope and 
coverage of the Agreement it applies to a measure adopted or 
maintained by a Contracting Party that relates to:  
(a)     The business of a financial insti tution of another  
       Contracting Party;  
(b)     A financial service from another Contracting Party;  
(c)     Cross -border trade in financial services;  
(d)     The supervision of a financial institution and  
(e)     A right contingent on trading in fina ncial services.  
 
The provisions of the CFSA also focus on and include the following:  
1)       Improving market access to financial services;  
2)       Allowing new financial services between Contracting   
        Parties;  
3)       Establishment of a regiona l credit information facility;  
4)       Encouraging appropriate legal frameworks throughout      
       Contracting Parties to facilitate mergers and                
       acquisitions and  
5)       Legal protection of personal data.  
 
The Agreement aims to,  inter alia, reduce barriers to cross border 
financial flows. It is seeking to, among other things, remove 
“measures restricting any type of cross border trade in financial 
services by a financial services supplier of another Contracting 
Party,” except in relation to those measures to which the 
Agreement does not apply, such as measures in the exercise of  
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governmental authority and international financial institutions or 
international financial services provided by a Contracting Party.  
With respect to barri ers to market access, the Agreement is seeking 
to eliminate the quantitative and qualitative restrictions and 
limitations by a Contracting Party with respect to a financial 
services supplier from another Party. These are consistent with the 
measures in GAT S Article XVI.  
 
Costa Rica  Página 103 (párrafo 4.143)  
4.143. En septiembre de 2011, se modificó la Ley de Reglamentación de las 
Agencias de Viajes (Nº 18 de 2011) para endurecer las sanciones (multas y penas 
de prisión) por infracción de las leyes.  
 
4.143  In September 2011, the Travel Agencies Regulation Act (No.  18 of 2011) was 
amended to increase penalties (both monetary and imprisonment) for breaches.  
Pregunta:  
¿Qué tipo de actividades de las agencias de viajes son consideradas como 
infracciones y  resultan en las sanciones mencionadas en el párrafo 4.143?  
 
What kind of Travel Agent activities are considered to be infractions and result in the 
sanctions mentioned in paragraph 4.143?  
 The Travel Agencies Regulations Act and Regulations pertains to 
outbound travel and should not be associated with inbound travel 
agents. The sections of the Act and Regulations were amended to 
upgrade the fines and sanctions which were grossly outdated and  
paltry.  
 
The activities considered to be infractions principally relate to 
persons operating Travel Agencies that are not registered 
(Section  3), and persons who obstruct the Registrar or Travel 
Agencies Inspectors in the course of carrying out their duties 
(Section 22)  
  
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Costa Rica  II PARTE:  PREGUNTAS PERTINENTES AL REPORTE DEL GOBIERNO DE 
JAMAICA  
 
GOVERNMENT REPORT OF JAMAICA  
 
4.20. Iniciativa de Centro Logístico Mundial y Zonas Económicas Especiales: la 
Iniciativa de Centro Logístico Mundial está destinada a lograr una mayor integración 
de Jamaica en el sistema de comercio internacional y en las cadenas de valor 
mundiales.  
 
4.20 Global Logistics Hub Initiative and Special Economic Zones: The Global 
Logistics Hub Initiative (GLHI) is designed to further integrate Jamaica into the 
international trading system and global value chains.  
Pregunta:  
¿Podría Jamaica indicar si la Ini ciativa de Centro Logístico Mundial toma en 
consideración la red de Acuerdos Comerciales Regionales de Jamaica? y de 
ser el caso ¿qué elementos de dichos acuerdos resultan más relevantes 
para asegurar que la iniciativa tenga el impacto anticipado?  
 
Could J amaica indicate whether the Global Logistics Hub Initiative (GLHI) takes into 
account Jamaica's Regional Trade Agreements network and if this is the case, which 
elements of these agreements become more relevant in order to ensure that the 
initiative has th e anticipated impact?  
 It is intended that the Global Logistics Hub Initiative will take 
account of current and future trade arrangements.    
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Chile Informe de la Secretaría - Secretariat report  
 
3.3.7 Derechos de propiedad intelectual – IP 
 
3.113 del Informe de la Secretaría : Secretariat report  
 
3.113  IPR legislation is enforced mainly by the Jamaica Constabulary Force (JCF) 
(the police), through its IP Unit in the dedicated Counter -terrorism and Organized 
Crime (C -TOC) Investigation Division. The JCF  may initiate criminal proceedings on 
the basis of a complaint or on its own initiative. The Jamaica Customs is in charge of 
action against counterfeit activities at the border and works in conjunction with the 
Revenue Protection Division of the MFPS. Susp ension of imports by Customs is 
covered only in the Copyright Act and the Trade Marks Act, and is subject to 
application by the rights owner to the Customs Department; neither the Copyright 
Act nor the Customs Act empower customs authorities to act ex offi cio in any 
instance.  
 
Pregunta 1: Chile agradecería a Jamaica señalar en qué casos el Cuerpo de Policía 
de Jamaica, a través de su Unidad de Propiedad Intelectual de la División de 
Investigación de Lucha contra el Terrorismo y la Delincuencia Organizada, p uede 
iniciar procedimientos penales por iniciativa propia o de oficio.  
 
Question 1: Chile would like Jamaica to indicate in which cases the JCF, through its 
IP Union in the dedicated C -TOC Investigation Division, may initiate criminal 
proceedings on the b asis of a complaint or on its own initiative.  
 The IP Unit of C -TOC in the JCF may initiate criminal proceedings 
under the Copyright Act where they have reasonable cause to 
believe that a criminal offence has been, is being or is going to be 
committed. Criminal offences are committed under the Act where 
any person:  
 
(a) makes for sale or hire;  
(b) in the course of a business sells or lets for hire, or offers or 
exposes for sale or hire, exhibits in public or distributes; or  
(c) imports into Jamaica for  purposes other than his private and 
domestic use; or  
(d) distributes otherwise than in the course of a business to such an 
extent as to affect prejudicially the owner of the copyright,  
any article which he knows or has reason to believe is an infringing  
copy of that work.  
(e ) makes or has in his possession an article specifically designed 
or adapted for making copies of that work  
(f) causes a literary, dramatic or musical work done to be 
performed in public or a sound recording or film to be played, or 
shown in public (otherwise than by reception of a broadcast or 
cable programme).  
 
  
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Chile Preguntas de Ambos Informes – questions on both reports  
Del Informe de Jamaica: - Government report  
 
7.1 Aplicación de los Acuerdos de la Ronda Uruguay –  
Implementation of the Uruguay Round Agreements  
 
Parr 7.10   Del Informe de la Secretaría: Para 7.10 of the Secretariat report  
 
3.3.7 Derechos de propiedad intelectual – Intellectual Property Rights  
 
Parr 3.106 : Since its last TPR in 2011, three main changes  were made to Jamaica's 
intellectual property rights (IPRs) legislation: (i) the Trade Marks (Amendment) 
Rules 2011 amended the Trade Marks Rules 2001 to  increase the applicable trade 
mark fees3; (ii) the Trade Marks (Amendment) Act, 2013, amended the Trad e Marks 
Act, 1999, and the Trade Marks Rules, 2001, to: establish a cooling -off period in 
opposition proceedings; increase the period of non -use for which a party can apply 
to revoke a registration, from three years to five years; preserve the rights of an  
earlier trade mark user; and allow requests for extension of time in more 
circumstances4; and (iii) the Copyright (Amendment) Act, 2015, amended the 
Copyright Act, 1993, to, inter alia, extend the term of copyright protection from 50 
to 95 years for origi nal literary, dramatic, musical and artistic works, and to fulfill 
Jamaica's obligations under the WIPO Copyright Treaty and the WIPO Performances 
and Phonograms Treaty.5These two treaties, known as the Internet Treaties, set 
down international norms aimed  at preventing unauthorized access to, and use of, 
creative works on the Internet or other digital networks . Jamaica is yet to accept the 
Protocol Amending the TRIPS Agreement.  
Pregunta  2: Chile agradecería a Jamaica entregar mayor información 
respecto al  establecimiento de un período de reflexión cuando se planteen 
litigios relacionados con marcas de fábrica o de comercio.  
 
Question 2:  Chile would like to request further information regarding the 
establishment of a cooling -off period in opposition procee dings relating to 
trademarks.  
 After the filing and serving of the notice of opposition by the 
opponent, the parties to opposition proceedings may agree to a two 
month extension of time (cooling off period) to allow the parties to 
discuss possible settleme nt of the opposition before any further 
steps are taken in the proceedings.  
 
                                                
3 The Jamaica Intellectual Property Office online information. Viewed at:  
https://www.jipo.gov.jm/sites/default/files/PDF_Files/Trade_Marks_(Amendment)_Act_2013.pdf  
4 Ibid. 
5 The Jamaica Intellectual Property Office online information. Viewed at: 
https://www.jipo.gov.jm/sites/default/files/PDF_Files/Copyright_Amendment_Act_2015.pdf   
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Chile Del Informe de Jamaica: Government report  
 
7.1 Aplicación de los Acuerdos de la Ronda Uruguay –  
Implementation of the Uruguay Round Agreements  
 
7.11  Del Informe de la Secretaría: Secretariat report  
 
3.3.7 Derechos de propiedad intelectual – Intellectual Property rights  
 
Parr 3.111 :  The Protection of Geographical Indications Act 2004 and the Protection 
of Geographical Indications Regulations 2009 protect products that originate from 
localities where a particular quality or reputation is attributable to its geographical 
origin. Jama ica is seeking TRIPS -plus provisions as regards the protection of 
geographical indications, the aim being to grant to other products the same level of 
protection presently granted to wines and spirits. The CARIFORUM states are 
currently working to establis h a system of protection for geographical indications.  
Pregunta 3 : Chile agradecería a Jamaica entregar mayor información 
respecto a la modificación que está realizando a su normativa sobre 
Indicaciones Geográficas, específicamente a qué se refiere con 
“disposiciones que van más allá del Acuerdo sobre los ADPIC en lo que 
respecta a la protección de las indicaciones geográficas”. Adicionalmente, 
confirmar la información del Cuadro 3.14 del Informe de la Secretaría 
respecto a si su legislación contempla act ualmente la homonimia para vinos 
y bebidas espirituosas y señalar cuál es la fecha en que se espera la 
publicación de esta modificación a su normativa sobre Indicaciones 
Geográficas.  
 
Question 3:  Chile would like to receive further information regarding the changes 
being made to its legislation on geographical indications, specifically as regards the 
TRIPS -plus provisions. In addition (Table 3.14) Chile would like to know whether 
Jamaica's legislation currently foresees the concurrent use of homonymous 
geographical indications for wines and spirits and indicate on which date it hopes to 
publish this change on Geographical Indications.  
 The TRIPS -plus provision in the current pending amendments to the 
Protection of Geographical indications Act seeks to exte nd the 
higher level of protection under TRIPS for GIs for wines and spirits, 
to GIs for non -wines and non -spirits. Jamaica's legislation does 
provide for the concurrent use of homonymous geographical 
indications for wines. In those circumstances, the Regis trar shall 
determine the practical conditions under which those geographical 
indications shall be differentiated from each other, taking into 
account the need to ensure equitable treatment of the producers 
concerned and that consumers are not misled. As th e legislative 
amendments are still at an early stage, it is difficult to indicate on 
which date we will publish the changes on Geographical Indications.  
  
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Chile Del Informe de Jamaica: - Government report  
 
Punto 5. “Política comercial y marco institucional” –  
Trade Policy and Institutional Framework  
 
Parr 5.1 al 5.3  
 
Del Informe de la Secretaría: - Secretariat report  
 
Parr 2.3.2 “Acuerdos regionales y preferenciales” - RTAs 
 
Parr 2.3.2.1 “CARICOM”  
 
Pregunta  4: En cuanto al acceso para las exportaciones de productos 
agropecuarios,  particularmente carnes de ave de corral y cerdo, Chile 
agradecería a Jamaica dar información sobre cuál es la vía para lograr una 
apertura de ese mercado. Adicionalmente informar si  se trabaja sólo a nivel 
de Secretaría del CARICOM, o es posible realizar un trabajo bilateral entre 
Chile y Jamaica.   
 
Question 4: Regarding access to the local market of exports of agricultural and 
livestock products, specifically poultry meat and pork, Chile would like to know how 
to obtain market access. In addition, Chile would like to know negotiation of market 
access is at the CARICOM Secretariat level or if it is possible to negotiate bilaterally.  
 The Jamaican Government is always open to discussio ns regarding 
market access for any product, including pork and derived 
products. Those discussions, however, must include the 
requirements for entry, in particular the conduct of a thorough risk 
assessment, of the product for which access is being sought   
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Chile Informe del Gobierno de Jamaica – Government report  
 
7.1 Aplicación de los Acuerdos de la Ronda Uruguay –  
Implementation of Uruguay Round Agreements  
 
Parr 7.10 :  
 
Pregunta  5: Respecto a la modificación de 2015 a la Ley de Derecho de Autor, Chile 
agradecería a Jamaica entregar mayor detalle respecto de cuáles son las exenciones 
establecidas al régimen de derecho de autor en favor de personas con dificultades 
de visi ón, personas con dificultades para leer impresos y personas con dificultades 
de audición.  
 
7.10  The Copyright Act was amended in 2015 to provide, inter alia, for an 
extension of the term of copyright protection and to provide exceptions to the 
copyright regime for visually impaired persons, persons with print disabilities and 
the hearing impair ed to allow them to place material into accessible formats.  
Question 5: With respect to the amendment to the Copyright Act in 2015, Chile 
would like further details on exemptions to the regime for visually impaired persons, 
persons with print disabilities  and the hearing impaired.  
 
 
 
 
 The amendments provide that an authorized body may make or 
supply copies or adaptations of published literary works or dramatic 
works for the purpose of providing persons who have a print 
disability, with copies that are in  an accessible format, without 
infringing any copyright in those literary or dramatic works, if 
certain specified conditions are met. The conditions are:  
(a) the authorized body has made reasonable efforts to obtain a 
copy of the complete work, in an acces sible format at a reasonable 
commercial price, but has been unable to do so;  
(b) the copies are provided only to persons having a print disability;  
(c) where any person acting on behalf of the authorized body 
makes a copy or adaptation of a published liter ary or dramatic work 
under this section, the authorized body shall, as soon as is 
reasonably practicable, take all reasonable steps to notify the 
owner of the copyright in the work of the making of a copy or 
adaptation; and  
(d) if any person with a print d isability to whom a copy is provided 
is required to pay for the copy, the payment required is no higher 
than a sum consisting of the cost of the production of the copy and 
a reasonable contribution to the general expenses of the authorized 
body, with no el ement of profit.  
(3) An authorized body may copy a work contained in an electronic 
medium for the purposes of converting the work to an accessible 
format.  
(4) Circumvention of a technological protection measure for the 
purposes referred to in subsection (1 ), shall not be treated as a 
commission of an offence or infringement of any copyright in the 
work.  
A person with a hearing disability, an authorized body or an 
organization acting on that person's behalf and approved for that 
purpose by an authorized body , may, without infringing any 
copyright in the work  
(a) translate, adapt or reproduce in sign language a literary or 
dramatic work, other than a cinematographic work, in a format 
specially designed for persons with a hearing disability; or  
  
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(b) perform in public a literary or dramatic work, other than a 
cinematographic work, in sign language, either live or in a format 
specially designed for persons with a hearing disability.  
 
Chile Parr 7.12 : 
Pregunta 6:  Chile agradecería a Jamaica proveer mayor detalle e n relación a las 
enmiendas que se están efectuando a la Ley de Derecho de Autor referidas a 
transacciones transfronterizas en el marco del derecho de autor y cuáles son los 
criterios para ampliar la lista de organismos autorizados para utilizar formatos 
accesibles para las personas con dificultades de visión o interpretación de 
documentos impresos.  
 
7.12  Amendments are also being made to the Copyright Act to provide for cross -
border copyright transactions and to add to the list of authorized bodies which can 
make accessible formats for visually and print disabled persons. A new law is 
currently being drafted for the protection of new varieties of plants, which will 
ensure Jamaica's compliance with the TRIPS Agreement.  
Question 6:  Chile would like to request further details on the amendments being 
made to the Copyright Act for cross -border copyright transactions and what are the 
criteria to increase the number of bodies authorized to make accessible formats for 
visually and print disabled persons.  
 The amendments being made to the Copyright Act for cross -border 
copyright transactions relate to the Marrakesh Treaty and seek to 
permit the import and export of accessible versions of books and 
other copyrighted works, without copyright holder permission.  
  
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Chile Parr 7.13 :  
 
Pregunta 7:  Chile agradecería a Jamaica entregar mayor información sobre la 
legislación de protección de conocimientos tradicionales y las manifestaciones 
culturales tradicionales, en particular respecto a si la protección que se está 
considerando en la elaboración de esta ley contempla un tipo de protección 
escalonada (tired approach)  
 
7.13 In 2012, JIPO issued a Practice Notice regarding the examination of 
trademarks which contain traditional knowledge and/or traditional cultural 
expressions of indigenous or local communities. By virtue of that Practice Notice, 
such trade mark applications will be refused registration if misleading and if they are 
submitted without consent or authorization of one of the recognized representatives 
of the relevant indigenous or local community. In 2015, another Practice Notice was 
issued by JIPO extending the terms of the 2012 Practice Notice to the examination 
of design applications by JIPO. Jamaica has also recently started the process to 
develop le gislation for the protection of traditional knowledge and traditional cultural 
expressions.  
Question 7:  Chile would like further information on protective legislation for 
traditional knowledge and/or traditional cultural expressions, in particular whether  
the protection being envisaged by this law anticipates a progressive "tired 
approach".  
 The protection being envisaged anticipates a progressive "tiered 
approach".  
  
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Chile Parr 7.14 :  
 
Pregunta 8:  Chile agradecería a Jamaica entregar mayor información y contexto 
respecto a su nueva Ley de Garantías Constituidas sobre Propiedades Personales, la 
cual permite utilizar la propiedad intelectual como garantía.  
 
7.14  In 2013, Jamaica passed the Secured Interests in Personal Property Act 
(SIPPA) for IP securitization and is in the process of developing the framework to 
implement the securitization of assets using IP.  
Question 8:  Chile would like further information regarding the Secured Interests in 
Personal Property Act (SIPPA), granting the securitization of assets using IP.  
 
 
 
 The Secured Interests in Personal Property Act (SIPPA) was passed 
into law in 2013. The Act provides for the use of personal property, 
including intellectual property, as collateral for loans. For a person 
to be able to exercise their priority over an inte rest in a security 
interest such as intellectual property, the interest in the intellectual 
property must be perfected. According to SIPPA s. 7 this occurs 
when the security interest has attached and either the security 
interest is registered in accordance  with the Act or the secured 
creditor or his authorised agent has possession or control of the 
secured property. A security interest is created, as per section 4 of 
SIPP when a contract in writing is created between a lender and a 
borrower. This contract m ust describe the secured property and 
signify that the security interest is taken in all of the debtor’s 
present and after -acquired property, except where specified. The 
creation of this agreement leads to attachment. When a security 
interest has attached it becomes effective. The main purpose is to 
protect the secured party against third parties who may attempt to 
stake a claim to the intellectual property in which a security interest 
has already been granted.  
 
Chile Parr 2.1 al 2.2  
 
2.1  Vision 2030 Jamaica, Jamaica's national development plan covering the 21 -year 
period, 2009 –2030, presents a strategic roadmap for Jamaica to achieve developed 
country status by 2030. Vision 2030 Jamaica is now in its 9th year of 
implementation. The document is built o n a results -based management framework, 
comprising 4 goals, 15 national outcomes and a strategic and operational framework 
geared towards the achievement of specific goals and outcomes as embodied in the 
Vision Statement, "Jamaica, the place of choice to l ive, work, raise families and do 
business".  
2.2  The three -year Medium Term Socio -Economic Policy Framework (MTF) is the 
implementation mechanism for Vision 2030 Jamaica. Since 2009, there have been 
three MTFs. In the plan for 2017/18, focus will be placed  on the development of the 
fourth medium term framework, which would rely on participatory mechanisms for 
its development and review. It is envisaged that there will be about 800 to 1,000 
people/organizations providing strategic direction to define the pri orities to 2021.  
 
 
 
 
 Jamaica is currently not designing and carrying out a strategy of 
“Country Image” for Vision 2030 Jamaica. However, the Vision 
2030 Jamaica Secretariat has an extensive communications 
programme which allows the public and private sectors, civil society 
organ izations, academia and the general public to benefit from an 
improved understanding about Vision 2030 Jamaica – National 
Development Plan and their role in making Jamaica, “the place of 
choice to live, work, raise families and do business”. This is 
achieve d through the hosting of events; sponsoring, partnering or 
participating in expos and conferences; delivering presentations in 
Jamaica and overseas; and participating in media events. Various 
publications and are also widely disseminated, including the Vis ion 
2030 Jamaica “Popular Version” which targets the youth population.   
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Pregunta 9:  Chile agradecería a Jamaica, dar información sobre si en el Plan 
Nacional de desarrollo denominado “Visión 2030 JAMAICA”, está considerando el 
diseño y ejecución de una estrategia de Imagen País. De ser afirmativa la respuesta, 
Chile agradecería  información más específica, como la unidad encargada de 
ejecutarla, especificación de la estrategia, objetivos, directrices, actividades y plazo.  
 
Question 9:  Chile would like further information regarding whether, in "Vision  2030 
Jamaica", Jamaica is designing and carrying out a strategy of "Country Image". If 
so, Chile would like more specific information, such as the which department will 
carry it out, its main strategy, objectives, guidelines, activities and timeframe.  
 
Chile 5 Política Comercial y marco institucional –  
Trade Policy and institutional framework  
 
Parr 5.1 y 5.2  
 
Pregunta 10: Chile  agradecería a Jamaica, dar información sobre si en el Plan 
Nacional de desarrollo denominado “Visión 2030 JAMAICA”, está considerando la 
negociación de nuevos acuerdos comerciales, ya sean bilaterales o con bloques de 
integración comercial. De ser afirmativa la respuesta Chile agradecería  información 
más esp ecífica de con qué países en ambos casos.  
 
Question 10:  Chile would like further information on if "Vision 2030 Jamaica" is 
contemplating the negotiation of new trade agreements, whether bilaterally or with 
other commercial trade blocs. If so, Chile would  like further more specific 
information on which countries in both cases.  
 Under the Vision 2030 Jamaica MTF 2015 – 2018, Jamaica’s focus is 
on implementing or improving a number of existing  trade 
agreements.   
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The 
Republic of 
Korea  Page 70 (Para 4.43)  
 
The Government has been making efforts to lower generation costs, which still 
depend on old, inefficient oil -fired generation plants, as well as to reduce the 
elevated levels of energy losses including from theft.  
 
Question 1  
Could you explain what measure s the Jamaican Government is taking to 
prevent electricity theft for the reduction of generation costs?  
 
 
 Successive governments have considered the prevalence of illegal 
electricity connections as a social issue and steps have been taken 
to rectify the s ituation. Amongst the initiatives being pursued are:  
 
 In partnership with the Jamaica Public Service Company 
Limited and the National Energy Solutions Limited (formerly 
the Rural Electrification Programme), a concernted  effort is 
being made to regularize electricity connections in several 
marginalized communities with the electrical wiring of houses 
being provided;  
 
 The use of prepaid meters (RAMI); and  
 
 Under the recently enacted Zones of Special Operations Act, 
metered electricity is being provided as and where necessary.  
 
The 
Republic of 
Korea  Question 2  
 
According to the Electricity Act of 2015, illegal electricity users may be punished for 
a simple larceny. My delegation is wondering if your Government has any plans to 
impose stricter punishment on the theft by revising the Act.  
 
Regarding the Act,  
 
1) My delegation would like to know: what is the success rate of 
enforcing this Act against violators?   
2) My delegation would like to know: what are the challenges the 
Jamaican Government face with the enforcement of this Act?  
 There are no plans to impose stricter penalties on the theft of 
electricity at this time.  It should be noted, however, that the fines 
for the illegal abstraction of electricity were increase d in 2015.  At 
present, the fine is five (5) million Jamaican dollars 
(J$5,000,000.00) or a term of imprisonment of two (2) years, or 
both a fine and imprisonment, which are considered sufficiently 
punitive to deter individuals from illegally extracting el ectricity.  
    
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The 
Republic of 
Korea  Page 56 (Para 3.102)  
 
Procuring entities are encouraged to set aside 15% of their total annual 
procurement for SMEs. In addition, a domestic preference of up to 10% is 
permitted. Procuring entities require approval to enter into contract. The thresholds 
for approval are: below$J10 million (the head of the procuring entity can approve); 
between $J10 million and $J30million (NCC endorsement is also required); above 
$J30 million cabinet approval is also required).  
 
Questio n 3 
 
Could Jamaica please explain how the set aside threshold for SMEs and the 
domestic preference threshold apply to goods, services and construction 
works?  
 
 This policy is currently being revised under the Public Procurement 
Act 2015, which addresses the administrative issues associated 
with the identification and classification of these Micro, Small and 
Medium -sized Enterprises (MSMEs). In this regard, the Government 
of Jamaica’s Micro, Small and Medium -sized Enterprises Policy of 
2012 is currently be ing redefined through joint collaboration 
between the Ministry of Finance and the Public Service and the 
Ministry of Industry, Commerce, Agriculture and Fisheries.  This 
policy is intended to inform the Public Procurement Regulations, 
specifically applicab le procedures for set asides, the use of domestic 
margin of preference and offsets.   
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Japan  Report by the Secretariat (WT/TPR/S/359)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.7 Intellectual Property  
(Question:  paragraph 3.111)  
According to the report by the Secretariat, we understand that CARIFORUM states 
are currently working to establish a system of protection for geographical indications 
in accordance with CARIFORUM -EC EPA (Article 145 E).  
 
We would like to know if both parties have already agreed to protect 
individual GIs under the EPA and, if so, please let us know such agreement 
and both GI lists to be protected under the EPA. If not, please let us know 
the status of the negotiation.  
 Negotiations are ongoing and both parties have submitted 
prospective lists of GIs to be protected.  
Canada  PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
II TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES  
 
Page 58 (Para 3.111)  
The Protection of Geograph ical Indications Act 2004 and the Protection of 
Geographical Indications Regulations 2009 protect products that originate from 
localities where a particular quality or reputation is attributable to its geographical 
origin. Jamaica is seeking TRIPS -plus pro visions as regards the protection of 
geographical indications, the aim being to grant to other products the same level of 
protection presently granted to wines and spirits. The CARIFORUM states are 
currently working to establish a system of protection for geographical indications  
 
1.   Could Jamaica expand on what they are considering including as 
“other products”. For instance, would this extend beyond 
agricultural products and foodstuffs? If so, would it also apply to 
products that may be associated with traditional cultural 
expressions, such as clothing or handicrafts, and if so, how would 
this be implemented?  
 “Other products” above means non -wines and non -spirits. It does 
apply to products that may be associated with traditional cultural 
expressions, su ch as clothing or handicrafts. It would be 
implemented similar to how the protection for wines and spirits is.  
 
  
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Canada  PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
 
4 TRADE AND SECTORAL PERFORMANCE  
 
Page 8 (Para 4.8)  
The report indicates that the Government encourages the development of 
environmentally sustainable manufacturing and has, where possible, provided 
assistance to develop stakeholders' capacity in standards, quality management, 
marketing and customer service .  
 
2.    Could Jamaica provide further information on its plan and 
activities to encourage the development of environmentally 
sustainable manufacturing?  
 
 The Government continues to provide support to facilitate the 
implementation of strategic programmes an d projects to further 
enable the business environment as well as to develop 
environmentally sustainable manufacturing, including through the 
implementation of Phase II of the National Export Strategy (NES 
II).  This Strategy prioritizes the manufacturing s ector and seeks to 
improve productive capacity according to international best practice 
thereby increasing overall competitiveness.  To buttress this, there 
are efforts underway to strengthen a Climate Change Focal Point 
Network Programme, which aims to ma instream environment and 
climate change considerations in all policies and plans to be 
developed for the manufacturing industry.  
 
Other priorities for the Government include the implementation of 
the National Quality Infrastructure as well as the Food 
Infrastructure and Systems Programme to help modernize local 
quality standards, improve competitiveness and ensure 
sustainability.  Focus will also be placed on the modernization of 
Jamaica’s intellectual property rights system with amendments to 
the Trademark s and Copyright Legislation that will help to advance 
Jamaica’s research and development and innovation capabilities, 
with a focus on promoting environmental sustainability.      
  
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Canada  7 MULTILATERAL FRAMEWORK – THE WTO  
 
Page 16 (Para 7.13)  
In 2012, JIPO issued a Practice Notice regarding the examination of trademarks 
which contain traditional knowledge and/or traditional cultural expressions of 
indigenous or local communities. By virtue of that Practice Notice, such trade mark 
applications w ill be refused registration if misleading and if they are submitted 
without consent or authorization of one of the recognized representatives of the 
relevant indigenous or local community. In 2015, another Practice Notice was issued 
by JIPO extending the t erms of the 2012 Practice Notice to the examination of 
design applications by JIPO. Jamaica has also recently started the process to 
develop legislation for the protection of traditional knowledge and traditional cultural 
expressions.  
 
3.   Does Jamaica have  any metrics or data on what has happened 
since this Practice Notice was issued, including, how many 
trademarks required consent, how many were rejected, and what 
percentage of trademarks requiring consent received consent?  
 
 Jamaica does not have any metr ics or data on what has happened 
since this Practice Notice was issued.  
Singapore  PART I:  QUESTIONS R EGARDING THE SECRETARIAT REPORT  
 
5. II TRADE AND INVESTMENT regime: GENERAL Framework  
  
QUESTIONS:  
 
Page 18 (Para 2.8)  
 
According to the World Bank's Doing Business Report, in 2017 resolving a standard 
contract enforcement dispute takes 550 days and costs 45.6% of the value of the 
claim (the Latin America and Caribbean average is 749 days and 31.3% of the 
claim). Jamaica stands globally at 117th out of 190 ec onomies on the ease of 
enforcing contracts, which is one of the major areas requiring improvement (Section 
2.4.4).  
 
What are the challenges that the Jamaican Government has faced in 
contract enforcement and reducing costs, and what are the strategies the 
government have employed to overcome those challenges?  
 The challenges faced and the strategies used are as follows:  
Challenges:  
 
 Lack of awareness of arbitration as an alternative form of 
dispute resolution, and the high cost of arbitration (perceived 
or actual) where this avenue is considered.  
 General lack of resources within the courts which cause 
backlogs for example limited sta ff,  reliance on paper 
documentation in court and outdated methods of taking 
evidence and  
 Lack of specialist or experts in the subject matter of the 
contracts.  
 
Strategies:  
 
 Introduction of the Commercial Division as a 
specialized division of the Supreme Court to resolve 
commercial disputes.  Parties may opt to file their 
commercial disputes in the Commercial Division of the 
Supreme Court, which has jurisdiction to hear proceedings in 
any case arising out of trade and commerce in general and 
any case relati ng to a wide range of areas, including:  
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admiralty proceedings; contracts relating to ships, 
shipping,   aircraft, and international carriage of goods; 
questions connected with or arising from commercial 
arbitration; purchase and sale of commodities; and ban king, 
negotiable instruments, financial services and international 
credit. Judges in the Commercial Division have expertise in 
such matters, and matters are generally dealt with more 
expeditiously in the Commercial Division.  
 
 Case management powers of the  Court, which helps 
to reduce procedural delays.  Under the Civil Procedure 
Rules, Judges of the Supreme Court exercise powers of case 
management to deal with cases expeditiously. This includes 
the power to give directions in respect of disclosure, witness 
statements, expert reports, and agreed statements of facts 
and issues in dispute.  Through case management the Court 
also establishes timelines for certain documents to be 
submitted, it encourages the use of technology and evidence 
in written form where ap propriate. The parties must also 
complete a listing questionnaire to satisfy the Court that the 
matter has been adequately prepared for trial and without 
the need for any adjournment.  
 
 Mediation as a method of alternative dispute 
resolution which is mandat ory for most civil litigation 
proceedings. Contractual disputes may be referred to 
mediation before entering the trial phase. Through 
mediation disputes may be solved in a shorter space of time 
and the costs of disputes reduced.  
 
 Small Money Claimswhich c an assist in the efficiency 
of resolving contractual disputes and reduce costs. Under 
Part 27.6 of the Civil Procedure Rules whether the sum of 
money does not exceed $2,000,000, the parties consent and 
the court is satisfied that the claim can be dealt wit h in a 
summary manner then it is possible to dispense with a case 
management conference and pre -trial review.  
 
 Restructuring of the Court systemby the Government 
of Jamaica in order to implement ways to reduce backlogs in 
the court system generally. The G overnment has a Justice 
Reform plan which is to be completed by 2020. Justice  
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Centres are being placed in communities in order for persons 
to be able to access legal advice. In addition, the time frame 
for trials is to be shortened through additional resou rces 
such as court rooms and judges. The methods should in 
effect reduce procedural delays and the costs of contractual 
disputes.  
 
 Introduction of legislation such as the Evidence 
Special Measures Act which allows special measures to be 
used to give evide nce. Special measures are giving evidence 
by live link or video recording. In civil proceedings the 
foregoing is allowed where it is deemed to be in the interest 
of the administration of justice. Such legislation has helps to 
reduce delays in the court sys tem. As a method of 
alternative dispute resolution a new Arbitration Act was 
passed into law. The Arbitration Act introduces a number of 
changes which include procedural rules and interim 
measures which will create efficiency and reduce delays 
when dealing  with commercial disputes.  
  
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China  Questions based on Report by the Secretariat (WT/TPR/S/359)  
Page53, Para 3.84  
“……Further, the FCA does not contain any specific provision for reviewing mergers, 
but the competition authority has challenged mergers under the sections of the FCA 
which prohibit agreements that lead to a substantial lessening of competition.  “  
 
Question 1:  
 
Please introduce how Jamaica reviews mergers under the sections of the 
FCA which prohibit agreements that lead to a substantial lessenin g of 
competition. And please give detailed information on these reviews.  
 Section 17 of the Fair Competition Act (FCA) prohibits agreements 
which have had, are having or are likely to have a substantial 
lessening of competition. Since every Merger or Acqu isition is 
effected through an agreement, the Fair Trading Commission (FTC) 
reviews Mergers and Acquisitions (M&A) under Section 17 in the 
absence of any dedicated (specific) merger review section in the 
FCA. 
 
The competition analysis of a proposed or consummated M&A is 
identical to merger analysis done in other jurisdictions with specific 
provisions to review mergers. That is, the analysis explores 
whether the transaction will create an environment which makes it 
more likely for any entity (or group of  entities) to engage in 
unilateral or coordinated conduct to the detriment of other entities 
and consumers in any market.  
  
The only drawback in using Section 17 to review mergers is that 
entities are not obliged to notify the FTC of their intention to 
merger - and often the FTC reviews mergers that have already 
been notified.  This poses a problem for the FTC to take remedial 
action in stances where, for example, the FTC concludes that a 
merger which has already been consummated has been found to 
have anti competitive effects. Such a situation exists with Digicel’s 
acquisition of Claro in 2011, which is currently being challenged.  
 
China  Page 53, Para 3.85  
 
“The Fair Trading Commission (FTC), under MICAF, is in charge of monitoring and 
enforcing the provisi ons of the FCA. Under the FCA, all businesses, regardless of 
size, fall under the jurisdiction of the FTC. On occasions, the FTC encounters 
challenges in defining relevant markets because of availability of data from market 
players. Moreover, according to the FTC, some 41% of Jamaica's GDP is generated 
by the informal sector.”  
 
Question 2:  
 
Please introduce the challenges the FTC encountered in the aspect of 
availability of data from market players and the methods that Jamaica 
takes to solve this problem.  
 
 Defining the relevant market is a key component of competition 
analyses as it assists in establishing the boundaries of competition.  
Market players typically supply the FTC with the information we 
request and that they maintain. The main problem faced by  the FTC 
is getting data require for our analysis which is not necessarily 
tracked by market players.  
 
For example, defining the relevant market for analysis is typically 
consumer -oriented and a matter determined solely on the basis of 
empirical data on a  case-by-case basis. Historical data on consumer 
preferences as revealed by consumer substitution patterns and 
changes in market demand are frequently used to measure the 
boundaries of competition. In many instances, the data required 
are not readily avail able.  
 
 
  
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To overcome the unavailability of required data, the FTC would 
have no option but to attempt to reconstruct these data from a 
variety of sources using a combination of qualitative and 
quantitative data. This takes up considerable time and consequ ently 
results in delays in completing investigations and industry studies.  
 
China  Page 61, Para 4.4  
 
“Jamaica has continued to be a net importer of agricultural products (Table 4.1). In 
2016, the main agricultural and food products imported included food preparations, 
maize, oil cakes, undenatured ethyl alcohol, and rice. Agricultural imports 
represented on average about 19% of total merchandise imports during the review 
period.”  
 
Question 3:  
Please provide the import tariff rate and import volume (by products) of 
the above mentioned agricultural goods.   
 In preparation for the Trade Policy Review exercise  conducted by 
the WTO in September 2017, Jamaica provided its trade data, 
including the requested data in this question from China, to the 
WTO Secretariat. The information is publicly available on the WTO 
website and can be accessed at:  
 
https://www.wto.org/english/tratop_e/tariffs_e/tariff_data_e.htm  
 
China  Page 7, Paragraph 11  
 
“…The Environmental Protection Levy on all manufactured goods (local and foreign) 
entered into force on 1 June 2015…”  
 
Page 34, Paragraph 3.14  
 
“…The Environmental Protection Levy (EPL) on all manufactured goods (locally -
produced and imported) entered into force on 1 June 2015 (Section 3.1.5)…”  
 
Questions:  
 
1.   After the Environmental Protection Levy was brought into effect in 
Jamaica, was an environmental impact assessment carried out with 
respect to the effect of such a policy? If yes, please provide an 
assessment report.  
 
2.   Will Jamaica grant a tax reduction of, or exemption from the 
Environmental Protection Levy on environmental pollution control 
equipment or products?  
 Question 1  
The Government of Jamaica has not conducted any direct impact 
assessments. However, it has been observed that carbon dioxide 
emiss ions have reduced in recent years. A report on the e mission 
estimates compiled for CO2, CH4, N2O and HFCs for the years 
2006-2012 can be accessed at : 
 
http://unfccc.int/files/national_reports/non -
annex_i_parties/biennial_update_reports/application/pdf/jam_bur1.
pdf 
 
Question 2  
Jamaica has not given consideration to such a policy at this time. 
However, consideration is currently being given to converting the 
environmental protection levy into a carbon tax. Consequently, the 
lower the level of CO2 emissions, the lower the tax.  
  
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China  Page 8, Paragraph 19  
“Jamaica has made significant progress in increasing access to electricity, which now 
reaches 92% of the population. The Electricity Act 2015 replaced its 125 -year-old 
legislation regulating this sector. To lower the burden for b usiness development in 
Jamaica, the Government reduced the average electricity tariff from US$0.39 per 
kWh in 2012 to US$0.22 in 2016, which falls in the middle of the regional range. 
The Government has been making efforts to lower generation costs by dive rsifying 
electricity generation, by replacing aged generating units with more modern and 
efficient generation facilities, and by encouraging renewable energy. The 
contribution of manufacturing to GDP remains at about 8%, and it employs less than 
7% of the total work force. After a number of years' contraction, value added of the 
manufacturing sector grew by 3.6% in 2015, facilitated by reduced electricity costs 
and lower crude oil prices. “  
 
Questions:  
Will Jamaica consider attracting foreign enterprises for investment or 
development while diversifying electricity generation and updating power 
generating units?  
 
Does Jamaica impose restrictions to foreign power enterprises’ investment 
in thermal power and power grid projects? For example, does Jamaica have  
requirements for investment proportion, and localization of equipment and 
personnel, etc.?  
 
Does Jamaica have restrictions on the outbound remittance of incomes 
from the investment by foreign enterprises?  
 The Ministry of Science, Energy and Technology (MSET), the 
ministry with portfolio responsibility for the energy sector in 
Jamaica, is in the process of completing an Integrated Resource 
Plan (IRP) that will guide the addition of new generating capacity.  
The requests for proposals will emanate from the Generation 
Procurement Entity and will be international in its reach to ensure 
that, through competition, the Government of Jmaica will be able to 
secure the lowest cost of electricity in Jamaica.  
 
The Elect ricty Act does not contemplate any restrictions on the 
investment proportions or the localization of equipment or 
personnel.  Additional generating capacity should be added by way 
of a competitive bidding process and the least cost would be the 
determining  factor.  This does not precleude the Generation 
Procurement Entity from stipulating in ay future request for 
proposals that the utilization of Jamaican labour would be weighed 
in the evalution process.  However, there are no plans or 
discussions to procee d in this manner.  
 
MSET is not aware of any restrictions on the outbound remittance 
of incomes from investment by foreign enterprises.    
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China  Page12, Para 1.6  
 
“According to the IMF, the exchange rate is broadly in line with fundamentals, and 
maintaining a floating exchange rate, with the Jamaican dollar (J$) depreciating by 
at least as much as the inflation differential with its key trading partners, is needed 
to avoid past patterns of competitiveness erosion from currency overvaluation.”  
 
Question:  
Over the past decade, the nominal exchange rate of the Jamaican dollar 
against the US dollar has been continuously depreciating. Has the 
government of Jamaica adopted measures to stabilize the exchange rate? 
We noticed that Jamaica currently has a f loating exchange rate system. Will 
the Jamaican government strengthen its management of the exchange rate 
in the future and make its currency more stable?  
 
 
 Jamaica’s transition to a modern, competitive foreign exchange 
market is now successfully underway. Two elements are important 
in understanding this new phase: (i) the fundamental changes that 
have occurred in market behavior; and (ii) how the Bank of Jamaica 
(BOJ) interacts with the market.  
 
The foreign exchange market has moved away from bein g one in 
which the exchange rate constantly drifts more or less in one 
direction only to a more normal two -way market where the 
exchange rate is just as likely to move up as it is to move down; in 
other words, a more modern market with a flexible exchange rate 
that both produces and benefits from a fairly valued currency.   
 
Measures taken recently to stabilize the exchange rate include (i) 
de-incentivizing dollarization  and (ii) the establishment of the Bank 
of Jamaica Foreign Exchange Trading Tool (B -FXITT). 
 
De-incentivizing dollarization - During the last three months of 
2016, the BOJ gradually increased the cash reserves and liquid 
assets requirements for foreign currency liabilities in the banking 
system to bring them in line with the reserve requireme nts for 
Jamaican dollar liabilities.   This removed the bias in the structure of 
the reserves requirements that favoured foreign -currency 
deposits.   Remuneration for foreign currency cash reserves was 
also discontinued, bringing it into conformity with the treatment for 
Jamaican dollar cash reserves.   In 2017, The BOJ implemented a 
gradual three percentage point adjustment in the cash reserves and 
liquid assets that deposit -taking institutions are required to hold 
against foreign currency liabilities beginni ng in March 2017. The 
remaining one percentage point was effected on the first business 
day in April 2017. The adjustment was aimed at reducing the 
incentive to hold foreign currency liabilities, while maintaining the 
existing reserve requirements applicab le to Jamaican dollar 
prescribed liabilities.  
 
Bank of Jamaica Foreign Exchange Trading Tool (B -FXITT)  - In 
upgrading and modernizing the foreign currency trading framework, 
the BOJ introduced a new tool called the Bank of Jamaica Foreign 
Exchange Interven tion and Trading Tool (B -FXITT) on 26 July 2017. 
The B -FXITT is a rules -based competitive multiple -price FX tool that 
will improve the Bank’s interaction with authorized dealers (ADs) 
and cambios for buying and selling foreign exchange. In addition to  
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enhancing market efficiency and transparency, the B -FXITT also 
serves to ensure the smooth functioning of the foreign exchange 
market and provides market participants greater assurance about 
the availability of future supplies of foreign exchange. Favourable 
market conditions, including increased inter -dealer trading, have 
allowed the BOJ to reduce its sales to the market in the face of 
declining net demand. Operations under the B -FXITT will take the 
form of either the Standard Intervention Tool (SIT) or the Fl ash 
Intervention Tool (FIT), reflecting a fixed volume format, accepting 
bids on a best price principle. The BOJ is reducing its footprint in 
the foreign exchange market and intends to continue that trend, 
subject to market conditions.    
 
China  Page 27, Para 2.37  
“JAMPRO is the investment promotion agency in Jamaica under the Ministry of 
Economic Growth and Job Creation, promoting business opportunities in export and 
investment. It provides advice to the Government in matters pertaining to improving 
busin ess environment and developing new industries. JAMPRO's sector teams 
promote investment in target sectors, such as business process outsourcing, 
tourism, agri -business, manufacturing, mining, and logistics. JAMPRO facilitates 
investment by helping firms ac cess the necessary licences, permits, and incentives, 
and by providing after -care services to investment projects. “  
Question:  
A Chinese enterprise has signed the first electric power project in Jamaica, 
which was of great significance to both countries. T o further deepen 
cooperation between the two countries on infrastructure construction, has 
Jamaica provided preferential policies to attract foreign investment in 
infrastructure, such as tax concessions and personnel training? If not, are 
there any plans t o provide such policies?  
 In 2013, the Government of Jamaica promulgated a suite of 
legislation, collectively known as the Omnibus Incentives 
Legislation, which has streamlined the legislative framework for 
fiscal incentives. The general thrust of the Omni bus Incentives 
Legislation was to move away from a sector -specific incentive 
regime and focus more on productive activity – regardless of the 
sector or industry.    
  
Jamaica’s incentives regime is therefore comprised of the Omnibus 
Incentives Legislation, as well as stand -alone incentive regimes for 
other areas focusing on encouraging Urban Renewal, the 
development of the Junior Stock Exchange, the establishment of 
the Special Economic Zones (SEZs), the continuation of the Bauxite 
and Alumina industry and the encouragement of large projects and 
pioneer industries.   
 
The fiscal incentives, particularly those within the context of the 
Omnibus Incentives regime, address t he corporate income tax 
rates, including the introduction of an employment tex credit (ETC), 
and the import duties on select items. They are primarily 
performance -based and therefore can only be accessed where the 
government has confirmed that certain acti vities have taken place.  
 
In terms of the SEZs, the Government of Jamaica has concluded an 
arrangement for an incentivised  7.5 percent income tax chargeable 
to developers or occupants of the SEZs.   The special tax rate is five 
percent lower than the standard 12.5 percent tax rate chargeable 
on the income of developers or occupants, on condition that they 
fulfill the criteria set by the Government. There is a credit for the  
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number of persons employed and if companies pay labour -related 
taxes (PAYE and statutory deductions) on time, they are entitled to 
up to 30 percent reduction on their tax bill. There is an additional 
10 perc ent deduction for companies depending on the amount of 
money invested in training and research and development. These 
incentives are therefore performance -based.  
 
It should be noted that the SEZs will replace the free zones in 
Jamaica. The SEZs are being promoted and facilitated as a strategy 
to attract and retain targeted investments and sustain economic 
activities across various sectors of the Jamaican economy.   
 
China  Page 36, Table 3.4 Structure of the tariff schedule in Jamaica, 2010 and 2017  
Question:  
The 5th item of this table (i.e. duty free tariff lines) has dropped from 
57.9% in 2010 to 49.9% in 2017; that is, the number of zero tariff lines is 
reduced. Please explain the reason for this reduction.  
 
 Since the last review, Jamaica has ente red into two IMF 
agreements. The agreements called for the review of Jamaica’s 
tariffs with a view to reducing some rates and increasing others. 
Consequently, upon reducing some rates, there was a need to 
rebalance the accounts with additional revenue. Jam aica therefore 
increased the tariff ona number of tariff lines from zero per cent to 
five per cent, consistent with the CET structure established by 
CARICOM.  
 
China  Page 47, Para 3.60 & 3.61  
“The EXIM Bank offers Trade Credit Insurance (TCI), an insurance programme with 
the following features: facilitates businesses expanding into new markets and 
increases their capacity for growth; offers commercial risk coverage to Jamaican 
businesses agains t non -payment from both foreign and domestic buyers due to 
bankruptcy, insolvency and even payment default covering up to 85% of the gross 
invoice value; and provides insurance cover against receivables. ……”  
 
“It can also be used as collateral when accessi ng short -term working capital loans 
from EXIM Bank; policyholders can access up to 80% of the value of their 
receivables for approved buyers in this regard. “  
 
Question:  
With reference to "up to 85% of the gross invoice value" and "up to 80% of 
the value o f their receivables", how are they calculated?  
 In the event of default/non -payment by the buyer, the insured can 
claim a maximum of 85% of the value of the invoice shipped to the 
buyer.  Eligible policyholders can access  (as a loan) up to a 
maximum of 80%  of the approved buyer limits (the value of their 
receivables) from the Bank’s Insurance Policy Discounting Facility 
(IPDF), which is a working capital loan facility.  
 
It should be noted that (i) a customer can have a Trade Credit 
Insurance (TCI) policy bu t does not have to use the IPDF; (ii) 
customers who access the IPDF secure their facility by the 
assignment of the TCI policy; (iii) the  IPDF is considered as an 
unsecured facility as the receivables are not assigned; and (iv) the 
usual due diligence is do ne whereby a submission is prepared and 
an analysis of the financials and cash flows undertaken.  
  
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China  Page 49, Para 3.70  
“Jamaica published 36 domestic/national standards during the period 2011 -17. 
These are mostly based on international standards, primarily the International 
Organization for Standardization (ISO) and Codex Alimentarius, but also on those of 
the United State s and the United Kingdom. Currently, Jamaica has 179 international 
and regional standards: 106 ISO standards, 7 European standards (EN), 1 Indian, 1 
American National Standards Institute (ANSI), 1 Codex Alimentarius, 8 American 
Society for Testing and Mate rials (ASTM International), 15 Gaming Laboratory 
Institute, and 40 CARICOM. “  
 
Questions:  
 "Currently, Jamaica has 179 international and regional standards." Does it 
mean that Jamaica implements these standards as its own standards or 
that Jamaica sets or revises its home standards based on such 179 
international ones? Are these international and regional standards parallel, 
subordinate or otherwise related to Jamaica's national standards?  
 
Are Jamaica's national codes on food safety (food product standards, limits 
on food microorganisms/pollutants, standards for food additives, pre -
packaged food standards, standards for food related products, etc.) are 
developed and revised independently by the Ministry of Health (MoH), and 
released, executed and i mplemented by the Bureau of Standards Jamaica 
(BSJ)?  
 These standards are normally adopted or adapted (modified to suit 
the Jamaican context) as national standards where a national 
standard does not exist.  The Bureau of Standards Jamaica (BSJ) is 
the Natio nal Standards Body which facilitates the standards 
development work for these standards. However, the Ministry of 
Health is involved either as a member of the respective Technical 
Committees or through independent consultation at the 
enquiry/public comment  stage. The newly formed entity – the 
National Compliance and Regulatory Authority (NCRA) - is the 
agency responsible for enforcement of and compliance with these 
mandatory standards.  
 
 
China  Page 57, Table 3.14 Overview of IPR protection, 2017  
Information on the scope and duration of protection, exceptions and related laws of 
intellectual property rights protection, etc. in Jamaica is given in the table. The table 
specifies that the authorizable scope of patents includes inventions, discoveries or 
improvements, for a protection period of 14 years, which maybe extended to 7 
years. The protection period for the layout design of integrated circuits is 10 years 
since its being put into commercial use for the first time.  
 
Questions:  
Please give an exa mple of what types of discovery may be granted as a 
patent?  
Will the exclusive right for the layout design of integrated circuits be 
granted only upon registration?  “Discovery” as used in the current Patent Act of Jamaica does not 
refer to discovery of nat urally occurring matter or organisms, but 
refers to new processes or inventions or improvements thereof.   
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China  Page 58, Para 3.109  
“Since 2009, the JIPO began an in -depth review of the Patent Act with the aim of 
adopting a new Patent and Designs Act. The new Act has been drafted and is 
expected to be adopted by the end of 2017. According to the authorities, it will be 
fully compliant with the Patent Corporation Treaty and the Locarno Agreement 
establishing an International Classification for Industrial Des igns. “  
 
Question:  
Please specify the changes made to the new Patent and Designs Act which 
will be enacted by the end of 2017?  
 The changes made to the new Patent and Designs Act will include 
amendments to the:  
 patentability criteria;  
 exclusions to patent ability;  
 priority for patent applications;  
 term of protection;  
 requirements for annuities; and  
 recognition of employees’ rights in inventions.  
The changes will also:  
 allow for compulsory licences;  
 allow for the processing of international patent applications 
filed under the PCT;  
 provide protection for utility models;  
 provide for the use of the Locarno classification for designs; 
and 
 provide for the term of design protection and recognition of 
employees’ rights in designs.   
It should be noted, however, that these changes will not be enacted 
by the end of 2017, but during the course of 2018.  
China  Page 59, Para 3.117  
“The penalties for copyright and related rights and trademarks infringement vary 
according to the nature of the infringement. The legislation provides for fines 
ranging from JMD$100,000 per offence, to JMD$1 million, with the possibility of 
imprisonment; or imprisonment only, with a sentence from six months to a 
maximum of five years. The Patent Act provides for both criminal and civil penalties. 
The fine is "a sum equal to three times the actual damage sustained" by the patent 
owner as a result of the offence. The courts also have the power to revoke a patent. 
Under the Designs Act, th e fine for unlawful use of a registered design is J$100 for 
each offence. Under both the Patent Act and the Designs Act, civil proceedings may 
also be brought, and remedies include an injunction. “  
 
 Only the courts can decide whether to impose fines and,  if so, how 
much. The Courts have discretion as to whether to impose fines 
and/or other forms of penalty upon sentencing a convicted person. 
These are determined on a case -by-case basis. The penalties vary 
under different legislation. Not all infringing ac ts are criminal 
offences. Those which are not criminal offences are remediable via 
civil action instituted by the IP owner in the Courts.  
 
 
 
 
 
 
  
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Questions:  
Please specify who will decide to impose fine s, the administrative 
organizations for law enforcement or the courts? Are fines made against all 
infringing acts or only specific violations? If against specific infringing acts 
only, please specify.  For trademarks, the criminal offences include:  
 
 Using a sign identical or likely to be mistaken for a 
registered trademark  
 
 Selling, exposing for sale, hire or distribution of goods with 
such sign                                                                   
 Applying such sign on material to be used as labelling or 
packaging or business papers  
 
 Having the intention to gain or cause loss to other and 
applying the sign without the consent of the owner  
 
 Being in possession, custody, control of such article  
 
 Knowing or having reason to believe that the article is to be 
used to reproduce goods, materials for  labelling or packaging 
or for use on business papers  
 
 Having intent to cause loss to another and use such sign 
without the consent of the proprietor  
 
For copyright, the criminal offences include:  
 
 In the course of business   selling, offering, exposing for  sale, 
exhibits in public  
 
 Importing for other than private or domestic use  
 
 Non-commercial distribution prejudicial to the copyright 
owner any article which he knows/has reason to believe is an 
infringing copy  
 
 Making/having in possession an article specifically designed 
for making copies  
 
 Having the knowledge that the article is to be used in 
making copies  
 
 Any person who causes the work to be performed in public, 
played or shown and has the knowledge that a public 
performance is an infringement   
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For designs, the criminal offences include:  
 
 Applying or causing to be applied a registered design or any 
fraudulent or obvious imitation thereof, in the class or classes 
of goods in which such design is registered, to any article of 
manufacture, or to any su bstance, for purposes of sale  
 
 Publishing or exposing for sale any article of manufacture or 
any substance to which such design or any fraudulent or 
obvious imitation thereof was applied, knowing that the same 
has been so applied without the consent of the  registered 
proprietor  
 
For patents, the criminal offences include:  
 
 Writing, painting or printing or moulding, casting or carving, 
or engraving, or stamping upon anything made, used or sold, 
for the sole making or selling of a patented product  
 
 Writing, p ainting, printing, moulding, casting, carving, 
engraving, stamping or otherwise marking the word “Patent”, 
the words “Letters Patent”, or any similar words with a view to 
imitating or counterfeiting the stamp, mark, or other device of 
the patentee  
 
 Otherwi se imitating or counterfeiting the stamp or mark, or 
other device of the patentee  
  
For geographical indications, the criminal offences include:  
 
 Knowingly or wilfully  using an indication that indicates or 
suggests that the good originates in a geographical area other 
than the true place of origin, in a manner which misleads the 
public as to the geographical origin of the good  
 
 
 
 
 
 
  
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 Knowingly or wilfully using an indic ation which identifies 
wines or spirits that do not originate in the place indicated by 
the GI, as wines or spirits of that origin (even where (i) the 
true origin' of those wines or spirits is indicated; or (ii) the GI 
is used in translation or accompanied  by such expressions as 
"kind", "type", "style", "imitation", "comparable to" or other 
similar expressions.  
  
China  What effect will be generated when the courts revoke a patent? Will the 
revoked patent be considered invalid in the dispute case only or be revoked 
totally void in other cases?  
 When the Courts revoke a patent, the effect is that the patent is no 
longer valid within Jamaica. The revoked patent will be invalid not 
only in the disputed case.  
 
China  Page 61, Para 4.5  
“b. Economic zone programmes  including the expansion of agro -parks, and the 
setting up of SEZs (Section 3.2.4) (Jamaica has nine agro -parks; infrastructure in 
these parks, such as road and irrigation infrastructure, packaging facilities, 
extension services, and research and developme nt is provided by the Government 
and leased to investors and farmers); “  
 
Question:  
On what bases and standards are such nine agro -parks set up? How are the 
leasing prices for public facilities and services determined in such agro -
parks?  
 In terms of standards, it is the intention of the Government of 
Jamaica to have all agro -parks certified under the GlobalGap 
programme. Some agro -parks have already been certified under 
the programme, while work is on -going in relation to the other 
agro-parks. Market rates are used to determine the leasing of lands 
and infrastructure within the agro -parks.  
China  Page 91, Para 4.148  
“Tax incentive schemes for the tourism sector were replaced by the Omnibus 
Incentive schemes, which mainly include reduced customs duty, additional stamp 
duty rates, and corporate income tax rates. The authorities consider that, under the 
Omnibus Incentive schemes, more persons will benefit, more subsectors will be 
covered (attractions and transportation rather than accommodat ion alone), and 
incentives will be available in perpetuity (compared to the 10 or 15 years 
previously). “  
 
Question:  
Are there incentives for the tourism sector in the Omnibus Incentive 
Program? If any, please introduce them.  
 The Fiscal Incentives (Miscellaneous Provisions) Act, 2013 provides 
benefits for three (3) particular sub -sectors of the tourism industry, 
namely (i) Attractions; (ii) Accommodations, i.e. Hotels, Resort 
Cottages, Guest Houses, Villas and Apartments; and (iii) Car Rental 
Operat ors.  
 
 
For the Attractions sub -sector the benefits include:  
 
 Exemption from customs duty in respect of certain dutiable 
inputs on a prescribed list of goods imported;   
  
 A lower rate of the General Consumption Tax (GCT) of 10%; 
and  
 
 Employment Tax Credit  in respect of payroll taxes, excluding 
PAYE.   
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For the Accommodations sub -sector, additional benefits include:  
 
 Capital Allowance - Newly constructed buildings/structures 
used as a hotel may qualify for a 20% initial Capital Allowance 
for income tax purposes as well as annual allowances varying 
from 4% - 12.5% per annum depending on the primary 
materials used in the construction of the facility.  
 
 A lower rate of Corporate Income Tax rate of 25%.    
 
 A lower effective rate of income tax.    
 
For the Car Rental sub -sector the benefits include:  
 
 100% relief on applicable Common External Tariff (CET) 
rates on (i) Motor vehicles and SUVs with a cc rating of up to a 
maximum of 2500* and CIF value of up to US$35,000.00* and 
(ii) 10–16 seater buses.  
  
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China  Page 8, Para 4.8  
“…The Government encourages the development of environmentally sustainable 
manufacturing and has, where possible, provided assistance to develop 
stakeholders' capacity in standards, quality management, marketing and customer 
service...”  
 
Quest ion: 
What specific measures has Jamaica taken to encourage the development 
of environmentally sustainable manufacturing?  
 
 The Government continues to provide support to facilitate the 
implementation of strategic programmes and projects to further 
enable the business environment as well as to develop 
environmentally sustainable manufacturing, including through the 
implementation of Phase II of the National Export Strategy 
(NES II).  This Strategy prioritizes the manufacturing sector and 
seeks to improve pr oductive capacity according to international 
best practice thereby increasing overall competitiveness.  To 
buttress this, there are efforts underway to strengthen a Climate 
Change Focal Point Network Programme, which aims to mainstream 
environment and clim ate change considerations in all policies and 
plans to be developed for the manufacturing industry.  
 
Other priorities for the Government include the implementation of 
the National Quality Infrastructure as well as the Food 
Infrastructure and Systems Progra mme to help modernize local 
quality standards, improve competitiveness and ensure 
sustainability.  Focus will also be placed on the modernization of 
Jamaica’s intellectual property rights system with amendments to 
the Trademarks and Copyright Legislation t hat will help to advance 
Jamaica’s research and development and innovation capabilities, 
with a focus on promoting environmental sustainability.      
  
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China  Page 13, Para 5.3  
“The overall aim of the revision is to promote a whole -of-Government approach 
aimed at increasing exports in goods and services and ensuring that the flow of 
imports benefits the economy in a sustained manner. “  
 
Question:  
Please explain how the whole -of-Government approach will be 
implemented specifically?  
 
In terms of exports in goods and services, what sectors Jamaica has 
currently promoted specifically to support its economic sustainability?  
 
 The whole -of-government approach will be implemented including 
through increased consultations and coordination among the trade 
and trade -related Ministries, Departments and Agencies (MDAs).  
This will ensure that there is policy coherence and coordination 
among the MDAs.  
 
Jamaica is currently promoting exports of the five (5) priority 
sectors identified under the National Export Strategy II (NES II), 
which include agro -processing and agri -business, light 
manufacturing, mining, film and animation, as well as Information 
Technology Enabled Services. The GoJ is also keenly pursuing 
avenues for expanding and diversifying the country’s services  
offerings through the development of an international financial 
services centre and focusing on the build -out of the cultural and 
creative industries in both the film and animation sub -sectors and 
diversifying into medical and health -related tourism servi ces.   
 
China  Question:  
Please specify whether application for a patent in Jamaica subjects to 
substantive examination? If so, what is the average review cycle for 
substantive examination? Is there any approach to speed up the 
examination?  
 
 A patent application in Jamaica is subject to substantive 
examination. The length of the review cycle depends on the 
complexity of the claimed invention and the resultant availability of 
local expertise to examine it substantively. The average cycle is 
currently 6 –12 months. Substantive examinations can be expedited 
in Jamaica by the provision of a report of the examination of the 
identical patent application by the USPTO, UKIPO, EUIPO, JPO or 
the CIPO, which will then obviate the need for local substantive  
examination.    
  
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China  Question:  
26. We notice that the government of Jamaica signed a $50 million project 
in 2014 with the World Bank to improve Jamaica's business environment. 
The project is effective until June 2020. Is it possible for Chinese investors 
to participate in the project and enjoy preferential policies?  
 The question posed by China relates to the Foundations for 
Competitiveness and Growth Project. The components of the 
project are as follows:  
 
Component 1: Enhancing competition in t he business environment 
(US$ 3.1 million). This component will provide technical assistance 
(TA) and implementation support to address critical business 
regulation and procedural issues that constrain the entry of firms 
into the market; operation and expan sion; competition; and trade 
and logistics.  
 
Component 2: Facilitating strategic private investments (US$ 17.6 
million). This component will finance studies and provide TA to 
enable the government to prepare and close large strategic 
investment transaction s with private sector participation.  
 
Component 3: Supporting small and medium -sized enterprises’ 
(SMEs) capabilities and finance (US$ 23.2 million). This component 
will provide support directly to SMEs by funding a combination of 
supply chain learning, skills upgrading and finance.  
 
Component 4: Project implementation and monitoring and 
evaluation (M&E)  
 
The project does not provide any preferential policies.  
  
  WT/TPR/M/359/Add.1  
 
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Brazil  
 PART I:  QUESTIONS R EGARDING THE SECRETARIAT REPORT  
 
4 TRADE POLICY BY SECTOR  
 
Page 61  (Para 4.5.b)  
 
According to the Secretariat Report, MICAF is responsible for integrating primary 
agricultural production into all stages of the value chain and one of its priority areas 
is the Economic zone programmes , including the expansion of agro -parks.  
 
Questions : 
 
Could Jamaica provide details on the current stage of its expansion of agro -
parks and on the incentive measures applied thereto?  
 
 An agro -park is an intensive agricultural production system which 
seeks to integrate all aspects of the agricultural value chain from 
pre-production, production to post -harvest and marketing. The 
following are the objectives of the agro -parks:  
i. To reduce the country’s food import bill, which is close to   
 US$ 1 Billion,  
ii. To increase agricultural support,  
iii. To support the agro -processing/manufacturing sector by 
 providing a consistent supply of raw material,  
iv. To provide sufficient food for local consumption;  
Government support to the agro -parks is provided in the following 
areas:  
 
i. Installation of infrastructure and facilities,  
ii. Provision of extension services  
v. Coordinating the provision of services to the park through 
 government agencies;  
Investors in the agro -parks must stand the full cost of producing 
the agricultural outpu t. 
  
  WT/TPR/M/359/Add.1  
 
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Brazil  4 TRADE POLICY BY SECTOR  
 
Page 71 (Para 4.45)  
 
According to the Secretariat Report, Jamaica introduced a full roll -out of ethanol 
blended with gasoline in 2009 as an initiative to increase the share of renewable 
energy in the energy mix.  
 
Questions : 
 
Which is the current incentive policy regime for ethanol production and 
supply in Jamaica?  
 
 There is currently no incentive regime for ethanol production and 
supply in Jamaica.  In 2009, the Government of Jamaica mandated 
the replacement of Methyl Tertiary -Butyl Ether (MTBE) with 10 
percent ethanol as a fuel additive.  The mandate created 
investm ent opportunities for businesses to build out ethanol 
production plants and/or fuel blending facilities. Although there are 
no restrictions on ethanol production, investors are required to 
comply with technical and environmental standards.  The relevant 
permits must be obtained in order to construct and operate 
distilleries and fermenting facilitaties.  Investors are required to:  
 
 Obtain a licence from the Ministry of Science, Energy and 
Technology (for blending, bulk distribution, importation and 
productio n); and  
 
 Obtain an Environmantal Permit from the National 
Environment and Planning Agency (for gas processing and 
storage facilities).   
 
Brazil  PART II:  QUESTIONS REGARDING THE GOVERNMENT REPORT  
 
4 TRADE AND SECTORAL PERFORMANCE  
 
Page 12 (Para 4.32)  
According to the Government Report, Jamaica is currently reviewing its policy and 
approaches towards the negotiation and implementation of BITs and is considering 
the completion of a model agreement to guide its engagement in future negotiations 
on this is sue.  
 
Questions:  
 
Could Jamaica indicate specific elements, disciplines or institutional 
arrangements that are being taken into consideration for this new model 
agreement?  
 The policy review is at a preliminary stage.   In that regard, all 
aspects of the negotiation and implementation of BITs are being 
examined to ensure that such treaties are aligned with the 
country’s development agenda. Work on the model agreement, the 
desired outcome, has not yet begun.  
  
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Brazil  PART III: OTHER QUESTIONS  
 
Taking into account the importance of food products to the tourism industry 
value chain, is Jamaica considering expanding the current availability of 
agricultural imports through, inter alia, reducing additional stamp duties 
and other levies to some produc ts, such as beef and poultry (especially in 
the case of special meats)?  
 Jamaica is currently reviewing the additional stamp duty (ASD) 
rates. It may be premature to indicate at this stage whether there 
will be an overall reduction in the general rates at  the end of the 
review process. Jamaica is currently compliant in terms of its WTO 
obligations on these items.  
 
Brazil  Could Jamaica clarify the SPS certification procedures and other criteria 
regarding the importation of fresh beef and poultry?  Please see Table 1 below   
  WT/TPR/M/359/Add.1  
 
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Trinidad and 
Tobago  Report by Jamaica WT/TPR/G/359  
SECTION 5: TRADE POLICY AND INSTITUTIONAL FRAMEWORK  
(5.1) Elements of Jamaica’s Foreign Trade Policy  
Page 13, Paragraph 5.3  
“Jamaica is reviewing its foreign trade policy, which was last revised in 2001. The 
current review seeks to ensure the mainstreaming of foreign trade to strengthen its 
role as a driver of economic growth and development; allow Jamaica to adjust to 
signific ant changes in the international environment since 2001; and pursue a more 
comprehensive and inclusive approach to foreign trade policy formulation and 
implementation. The overall aim of the revision is to promote a whole -of-
Government approach aimed at in creasing exports in goods and services and 
ensuring that the flow of imports benefits the economy in a sustained manner.”  
 
Question: What strategic steps will be undertaken by Jamaica in the 
revision of its foreign trade policy to increase exports and sustain the flow 
of imports? Also, when is the revision of the policy expected to be 
completed?   
The strategic steps to be undertaken to increase exports will  
include continued focus on maintaining and increasing  
market access for its goods and services through continued 
participation at the multilateral level within the context of the  
WTO; the regional level within the context of the CARICOM  
Single Market and Economy (CSME); and at the bilateral level 
within the  context of the bilateral preferential agreements 
concluded between CARICOM member states and certain  
Latin American countries. Jamaica is also seeking to diversify  
its export base with a focus on new high -value industries.   
Jamaica will seek to capital ize on its strong national brand  
“Brand Jamaica”.  In this context, greater focus is being  
placed on non -traditional exports, such as health and  
wellness products and services, entertainment and fashion.  
Jamaica will seek to sustain the flow of imports  including  
inputs for production and products that will serve to enhance  
the value -added of the country’s exports.  
 
The Cabinet approved the Revised Foreign Trade Policy and  
Action Plan in October 2017.  It will now be tabled in  
Parliament.  
 
Thailand  4.4.4 Tourism  
 
4.4.4.1 Overview  
 
4.142. Gross visitor expenditure in 2015 was estimated at approximately US$ 2.4 
billion, an increase of 7% from the estimated figure in 2014. The majority of the 
expenditure was from stopover tourists (94.3%), while cruise  passengers accounted 
for 5.7%. The number of cruise ship passengers grew for most of the years during 
the review period, and it increased by more than 10% in 2015. It is estimated that 
in 2015 cruise tourists spent about US$ 87 per person per night, while  foreign 
nationals spent on average US$ 126 per person per night.  
Questions  
According to the visitors’ expenditure, what are the differences between 
cruise tourists’ spending and foreign nationals’ spending? Does foreign 
nationals’ spending include foreign visitors spent on the cruise ship? Does 
the expenditure on cruise travels i n Jamaica be lower than that of other 
kinds of travel?   Criuse passenger spending is expenditure by the cruise ship visitor 
while on the island, during excursions to attractions, purchases for 
food and beverages and shopping, etc.  The cruise ship passeng er 
only spends several hours on the island compared to the foreign 
national visitor - who is also called a stopover visitor - who spends 
an average of 8 nights in accommodation on the island.  
No, spending by foreign nationals visiting Jamaica does not incl ude 
spending by foreign nationals on the cruise ship.  
Yes, cruise ship passenger expenditure is lower than stopover 
visitor expenditure.  
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Table 1 - SPS Certification Procedures  
 
Step Prompt  Action  Next Step  
1 Receipt of a written request for 
importation of live animal(s) or animal 
related items  Request is documented  
 
Acknowledgment of receipt is issued  2 
2 Determination of the import request is 
for a commodity that is already being 
imported into Jamaica from the 
specified country  Conduct import database search  3a or 3b  
3 Further processing is dependent on the 
findings of #2  
a. If the commodity is new to Jamaica 
or from a country for which there has 
not been a risk evaluation, it is 
determine if it is also new to the CSME  
 
or 
 
b. If the commodity or one of similar 
processing is already present in the 
country  Contact CARICOM Secretariat to 
determine presence of commodity in the 
common market space or c heck 
CARICOM trade database  
 
 
 
 
 
 
Proceed with standard importation 
protocol  4 
 
 
 
 
 
11 
4 Further processing is dependent on the 
findings of #3  
a. If the commodity is new to CARICOM  
 
b. If the commodity is already in 
CARICOM but not in Jamaica, 
determine if CARICOM risk evaluation 
was conducted  Write to requester recommending 
contact with the CARICOM Secretariat  
Follow up the CARICOM Secretariat  
 
Request risk evaluation of commodity 
from CARICOM Secretariat  
 
Review evaluation (if available)  
 
 - 
 
 
5 
 
 
 
 
5 Further processing is dependent on 
decision made to accept CARICOM risk 
evaluation or enter bi -lateral trade 
agreement from #4, if so.  Conduct Hazard Identification  6 
6 Determined that risk analysis 
procedures for importation from Hazard 
Identification  Send the questionnaire regarding animal 
health to the importer, exporter and 
competent authorities (CAs) in the 
exporting country  7 
7 Reception of completed questionnaire  Conduct risk assessment with risk 
mitigations options  8 
8 Submit results of risk assessment to 
risk managers  Select risk mitigation measures and 
determine if the Acceptable/Appropriate 
Level of Protection (ALOP) is maintained  
 
Determine if on -site review/inspection is 
warranted  
 
Relay risk analysis to the exporting 
country   
9 
9 Receipt of exporting country CAs’ 
response  Further negotiation importing 
requirements  10 
10 Import permit or Import Health 
Standard developed  Further negotiations towards health 
Certification acceptability  11 
11 Finalization of import permit and Health 
Certificate  Issue of import permit   
 
 
__________