WT/TPR/M/299/Add.1  
4 November 2014  
(14-6419)  Page: 1/92  
Trade Policy Review Body 
17 and 19 June 2014 Original: English/anglais/inglés  
 
 TRADE POLICY REVIEW 
OECS-WTO  MEMBERS  
MINUTES OF THE MEETING 
Addendum 
Chairperson: H.E. Mrs. Mariam D. Salleh (Malaysia) 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by OECS-WTO Members.1 
 
 
Organe d'examen des politiques commerciales 
17 et 19 juin 2014 
EXAMEN DES POLITIQUES COMMERCIALES 
ÉTATS DE L 'OECO  MEMBRES DE L 'OMC 
COMPTE RENDU DE LA RÉUNION 
Addendum 
Présidente: S.E. Mme. Mariam D. Salleh (Malaisie) 
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses fournies par les États de l'OECO 
Membres de l'OMC.1 
 
 Órgano de Examen de las Políticas Comerciales 
17 y 19 de junio de 2014 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
M
IEMBROS DE LA OMC  INTEGRANTES DE LA OECO 
ACTA DE LA REUNIÓN 
Addendum 
Presidenta: Excma. Sra. Mariam D. Salleh (Malasia) 
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por los Miembros de la OMC integrantes de la OECO.
1 
                                               
1 In English only./En anglais seulement./En inglés solamente.  
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- 2 - Report Referenced Questions WTO 
Member 
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Respondents Responses 
WTO Common Report (Page 45 
Para 3.64) 1. Does the 
legislation in force in 
the OECS also encompass mechanisms for the combat of the misappropriation of genetic resources? If so, what are the relevant provisions? Brazil All OECS 
Member States There is no legislation in Grenada with respect to the protection of 
genetic resources. Work will be undertaken in 2015. There is no 
legislation in force in Saint Lucia at the moment that encompasses mechanisms for the combat of the mi sappropriation of genetic resources. 
St. Kitts and Nevis  has not to date enacted specific legislation in 
respect of protection of genetic resour ces. There are pieces of legislation 
in existence which may to some extent be utilized in the protection and conservation of our genetic resources. These are : The Biosafety Act 14 of 2012. This Act gives the force of Law/ legal effect to the Cartagena Protocol to the Convention of Biological Diversity. It applies to the movement, transit, handling of all genetically modified organisms that may have adverse effect on the conservation and 
sustainable use of biological diversity,  taking into account risks to human 
health. Section 24 of Act prohibits the importation and exportation of 
genetically modified or ganisms without a license from the Biosafety 
Board. National Conservation and Environmen t Protection Act Cap 11:03, which 
provides for the better management and development of the natural and historical resources of St. Kitts and Nevis; the establishment of national parks, historic and archaeological sites and other protected areas of 
national and cultural importance; th e establishment of a Conservation 
Committee and to prov ide for related and incidental matters. 
Part11 of the Act established the de partment of Environment for the 
purposes of conversation and enviro nmental protection in St. Kitts and 
Nevis. Further this Act puts into force of law the UN Convention on Biological 
Diversity. St Christopher National Trust Act 12  of 2009 which provides for the 
administration and preservation of  sites, buildings and objects of 
historical , archaeologic al , architectural, envi ronmental and artistic 
importance to the island of St. Chri stopher and to provide for related or 
incidental matters. However in March 2008 with the as sistance of WIPO a Working Group 
was established in Kingston Jamaica to undertake research, fact finding 
and consultations (with local and indigenous communities, governmental officials , non-governmental organi zations, users and other relevant 
stake-holders) and developing a harmonized framework for the 
protection of Traditional Knowledge, Traditional cultural Expressions and Genetic Resources in the Caribbean Region. At the Ministerial Meeting held in Trinidad in November 2012 a resolution was passed that the Working continue their work.  
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WTO Common Report (Page 45 
Para 3.64) 2. Have the Member 
States of OECS 
experienced any case 
of misappropriation 
of genetic resources 
thus far? If so, what 
measures have been 
undertaken by 
OECS authorities? Brazil All OECS 
Member States Not to our knowledge 
WTO Common Report (Page 46 
Para 3.66) 3. Have OECS 
Members received 
technical cooperation 
from developed 
countries under 
Article 67 of the 
TRIPS Agreement? If 
so, please provide 
information about the 
work undertaken 
under the technical 
cooperation 
framework and on 
the need for more or 
continued 
cooperation under 
Article 67. Brazil All OECS 
Member States OECS have within the last 6 years received technical assistance from 
developed countries under Article 67 of the TRIPS. This information can 
be found in the notifications submitted by the donors to the TRIPS 
Council.  
St. Kitts & Nevis  • Public Awareness and Education on IP issues.  
Workshops were conducted on Intellec tual Property generally; Workshop 
on Copyright and Collective Mana gement (2009); Training for Law 
enforcement Agencies on the enforcemen t of Intellectual Property Rights 
2011) ; Training for Judges of the OECS  on enforcement of Intellectual 
Property Rights( held in Antigua – 2011);  
• Building Knowledge and Expertise within the Intellectual Property 
Offices:  
Training Course on Trademark for official of Caribbean Intellectual 
Property Offices/ examination, classification (St. Kitts July 2013) 
Patents- Flexibilities in the TRIPS Agreement - Implementation of TRIPS 
compliant legislation bearing in mind the flexibilities under the TRIPS 
agreement. (May 2013) Copyright - (a ) developing National Strategies 
and Policies (b) Representing Culture and Creative industries / procedure 
& strategies of negotiations  
• Legislative Assistance and Advise: 
Review and comment on our existing Patent and Trade Mark Acts and 
draft regulations (2011-12) and ongoing. 
• Assessing and reviewing the economic impact of IP Study on the 
contribution of the cultural industries (copyright) to the GDP of 
Caribbean region and sub-region . Vanus James, economist- was 
contracted to undertake study and re ports on the OECS Countries were 
submitted in November 2012. 
• IP STRATEGY/ POLICY : 
IP Audit was conducted in St. Kitt s and Nevis between 2012 and 1013. 
Our IP Strategy/Policy for St. Kitts and Nevis was thereafter developed. 
This project was comple ted in September 2013 
• Establishment of a Regional Patent  administration for the Caribbean 
(CPAS). With WIPO's assistance th is project is ongoing. A draft 
constitution was prepared  for review by Member States. A task force was  
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- 4 - Report Referenced Questions WTO 
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created and they are presently working on issues relating to statistical 
data and the provisions of the draft constitution. 
These are not exhaustive. WIPO is collaborating with Member States on 
other IP issues such as Using IP  as a tool for Nation Branding; 
establishment of a Geographical Indication List; the establishment of a 
legal framework for the protection of traditional knowledge, traditional 
cultural expressions, genetic resour ces, indigenous Ca ribbean cultural 
and national heritage for the region and sub-region. 
WTO Common Report (Page 46 
Para 3.67) 4. Are there any 
plans for cooperation 
activities to be 
undertaken between 
OECS and WIPO with 
a view to assist OECS 
Members to 
implement the 
Marrakesh Treaty? Brazil OECS 
Secretariat Not at this time 
WTO Common Report 
(Page 135 Para 3.17) 
The VAT applies to most items 
at the rate of 15%. The tax 
base comprises the c.i.f. value 
of goods and all other duties 
and charges. Basic food 
products (rice, flour, sugar, 
milk, infant formula) and fuel 
are zero-rated. New enterprises 
benefiting from incentives under 
the Fiscal Incentives Act, and 
the Hotels Aid Act, may obtain a 
VAT exemption on initial capital, 
goods investments. Other 
exemptions include some 
approved goods imported by 
churches; vehicles purchased 
by diplomats; bona-fide 
unsolicited goods not exceeding 
EC$75 in value; goods imported 
by Dominicans returning home 
for permanent residence; and 
goods imported by diplomatic 
missions and international 
organizations. 5. Would Dominica 
please provide 
additional details 
about the Fiscal 
Incentives Act? Brazil Dominica The Fiscal Incentives Act (Chapter 84:51) which gives effect to the 
Agreement Harmonisation of Fiscal Incentives to the manufacturing, or 
processing industry and includes de ep sea fishing and shrimping where 
they form part of an integrated processing operation, but does not 
include agriculture and tourism. The Minister may, on an application 
made by or on behalf of an enterpri se for fiscal incentiv es under this Act 
grant the incentives if he is satisfied that the enterprise is beneficial to 
the economy of Dominica. Please refer to Dominica's notification under 
Art. 27 (4) and Art. 25. 
6. Would Dominica 
please provide 
additional details 
about the Hotels Aid 
Act? Brazil Dominica The Hotels Aid Act (Chapter 85:04) is an Act to encourage the hotel 
industry in Dominica by granting ce rtain relief in respect of custom 
duties, income tax, and real property tax to persons who expend monies 
upon the construction or equipment of hotels in Dominica, and for the 
purposes incendal thereto or connected therewith. Currently, there is a 
consultancy ongoing to review the Act for possible amendments. Please 
refer to Dominica's notification under Art. 27 (4) and Art. 25.  
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Grenada Government Report 
(Page 62 Para 2.3 & 2.4) 
To improve competitiveness in 
the manufacturing sector; 
• Diversification of the 
agriculture sector; 
• Development of the services 
sector to be internationally 
competitive; 
• To gain greater market access 
for non-traditional sectors; 
• Export led growth; use trade 
expansion as an effective 
instrument of economic growth 
and employment generation; 
• To generate sustained 
economic growth and reduction 
of poverty. 
2.4. In order to meet these 
objectives, Grenada implements 
a mix of policies including tax 
incentives and export 
promotion. The Government is 
attempting to improve the 
infrastructure to enhance 
exports, reduce transaction 
costs and improve productivity 
and competitiveness. 7. Could Grenada 
please provide 
additional details 
about the mix of 
policies that includes 
tax incentives and 
export promotion? Brazil Grenada Incentives such as tax exemptions ar e available to different sectors of 
the economy, for example the Tourism sector. Grenada has been 
exploring new export markets in Europe and South America over the 
years, and has participated in expositions in China and South Korea in 
2010 and 2012 respectively. A trade mission to Martinique is carded for 
2015.  
8. Are there any 
indicators that 
measure the 
effectiveness of such 
policies in regard to 
exports? Brazil Grenada Grenada measures the effectiveness of such policies by the increases in 
the number of new products, the number of new markets that 
manufacturers entered, the increase in the number of exports and the 
increase in the number of manufactu rers who export. Data shows that 
total exports for 2012-13 grew by 13 .5% and that manufacturing sector 
exports grew by 3.0% during the same period.  
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- 6 - Report Referenced Questions WTO 
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SVG Government Report 
(Page 95 para 3.25) During the period under review, the Go SVG has commenced action to remove the export subsidy aspects of the Fiscal Incentives Act (#5 of 1982, as amended by Act #20 of 1987 & Act #16 of 1991) and provided regular notifications to the Committee on Subsidies and 
Countervailing Measures. The Go SVG envisaged to be in compliance by the 2015 deadline. Accordingly, enterprises producing 
exclusively for export (enclave 
enterprise) remained eligible for exemptions from import duties and in certain cases VAT (with Cabinet approval) for up to 15 years. In addition, companies that had exhausted their tax holiday period (granted on export, local value added or investment size grounds) could still qualify for income tax relief (for non-traditional exports), calculated as an increasing function of their profits and the share of exports in their total sales. These measures should be phased out by 31 December 2015. Most beneficiaries have been notified that export subsidies will have to be terminated by 2015. There were no enclave enterprises between 
2008 and 2012. 9. Would Go SVG 
please explain in more detail the income tax relief as an increasing function of profits and share of exports in total sales?  Brazil St. Vincent & 
the Grenadines Background information 
According to the Fiscal Incentive Act No. 5 of 1982, these are the various tiers of exemptions granted: 1. Group 1 enterprises, up to 15 ye ars in which local value added is 50% 
or more of sales 2. Group 2 enterprises, up to 12 ye ars, in which local value added is 
between 25% and 50%. 3. Group 3 enterprise, up to 10 years, in which local value added is between 10% and 25% 4. Enclave enterprises, up to 15 years,  in which production is exclusively 
for export. 5. Capital intensive enterprises, up to 15 years if there is an investment of not less than US$25m The fifth schedule of the Income Tax Act provides for: (a) In the case of a company manufa cturing goods for the local market 
and for export and maintaining a spec ial account to the satisfaction of 
the Comptroller showing the chargeable  income derived from the export 
of goods of the markets, the following rates shall apply: 
i. On the chargeable income derived from the local market and from exports to the OECS market.......... ..30% tax rate (corporate income 
tax). ii. On the chargeable income derived from the exports to the non-OECS Caricom market...........................25% CIT. iii. On the chargeable income derived from the exports to the extra-Caricom market...........................15 % CIT. iv. In the case of a company operat ing a hotel the chargeable income 
shall be taxed at a rate of ....................30%  
10. Are there any 
indicators that 
measure the 
effectiveness of such 
policy in regard to 
exports? Brazil St. Vincent & 
the Grenadines Given the fact that based on the data  from Industry, it appears that only 
one or two firms benefit from this tax incentive regime. It is well known 
that our manufacturing and by extension, export-manufacturing sector is 
very negligible. It is also noted that  this measure will be phased-out in 
2015 in order to be WTO-compliant/compatible.   
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OECS Joint Report (Page 12 
para 2.22) 1. Considering that 
tourism sector is of 
great significance to 
the overall economy 
of OECS-WTO 
Members, and is 
susceptible to the 
surrounding 
economic conditions, 
what measures will 
OECS-WTO Members 
take to absorb stable 
investment in the 
tourism sector from 
more diversified 
sources, including 
China?  China All OECS 
Member States 1. Develop an incentives regime desi gned to attract investment for the 
Tourism Sector; 2. Facilitate ease of travel between China and the OECS. 
This includes initiatives in progress on the OECS agenda for Ease of 
Travel including the reconfiguration of visa requirements/policies; and 
improved airlift capacity. 
WTO Common Report (Page 60 
para 4.63) 2. Could you please 
introduce OECS-WTO 
members' 
commitments and 
policies in 
establishing hotels 
and restaurants? 
What are the rules 
and regulations 
regarding 
establishment such 
facilities?  China All OECS 
Member States Foreigners as well as locals can establish hotels and restaurants.in 
Dominica . It's a very open sector. In orde r to establish such facilities in 
Dominica, individuals (foreigners as well as locals) would have to apply 
for a Tourism Licence. The followi ng documents must accompany the 
application: Copy of Company Regist ration, Public Liability Insurance 
with schedule, Environmental Health Ce rtificate, Food Ha ndlers Permits, 
Fire Certificate, Planning Approval (If applicable), Disaster Management 
Plan, Environmental Impact Assessment  (If applicable), Work Permit (If 
applicable), and EC$ 20.00 Proc essing Fee (Non Refundable). 
In the case of St. Vincent & the Grenadines , the establishment of 
hotels is guided by the Hotels Ai d Act mandated by the Ministry of 
Tourism, Sports and Culture. This Ac t is supported by the Department of 
Physical Planning's "Minimum Physic al Planning Standards" for small 
hotels and self-contained apartments. Also, the Tourism Authority has 
introduced the Tourism Standards Act for the accommodation sector. 
St. Kitts & Nevis The tourism industry is based on the principles of 
sustainability. There is a balance of the preservation of the environment, 
the protection of our livelihoods an d the conservation of our cultural 
heritage. The commitment of the Ministry of Tourism to assist 
established stand-alone restaurants was more a short term stimulus 
scheme rather than a policy. This was done to assist said establishments 
during the economic downturn more so than for the establishment of 
new stand-alone restaurants. The Ho tel Aids Act which provides for a 
waiver on building materials and eq uipment and furniture of hotels.  
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WTO Antigua & Barbuda Report 
(Page76 para 2.11) Antigua and 
Barbuda has an open, 
non-restrictive foreign 
investment policy , with foreign 
investors receiving national 
treatment. However, foreign 
investors seeking to purchase 
real estate for residential or 
commercial purposes are 
required to obtain an alien 
landholder's licence. Licences 
are subject to Cabinet approval 
and require payment of a fee 
set at approximately 5% of the 
purchase price of the property. 
In addition, certain sectors are 
reserved for domestic investors; 
these include fishing and 
fisheries and agriculture. 1. Does Antigua and 
Barbuda plan to grant 
national treatment to 
foreign investors who 
would like to acquire 
buildings or to 
engage in the 
fisheries or 
agriculture sectors? 
Which law is the 
above-mentioned 
reserve based on? Dominican 
Republic Antigua & 
Barbuda YES, Antigua and Barbuda plans to grant national treatment to foreign 
investors who would like to acquire buildings or to engage in the 
fisheries or agriculture sectors.  
WTO Antigua & Barbuda Report 
(Page 80 para 3.3) 2. When 
approximately does 
Antigua and Barbuda 
expect the ASYCUDA 
World System to 
enter into force?  Dominican 
Republic Antigua & 
Barbuda Antigua and Barbuda is awaiting fund s from the European Union to assist 
with the purchase of ASYCUDA World System software; prior to June 12, 
2014, general elections in Antigua and Barbuda, the European Union 
promised to give 75% of the funds, while the previous administration 
promised to inject the remaining 25 % towards purchasing the software. 
The new government administration of June 13, 2014 has indicated that 
this arrangement still stands and as a result, the majority of the funds 
from the European Union st ill have not been provided as yet to purchase 
this software. Until this software is  purchased, Antigua and Barbuda is 
constrained in providing a specific date as to when ASYCUDA WORLD 
system will enter into force in this jurisdiction.   
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WTO Antigua & Barbuda Report 
(Page 80 para 3.7) 
Under the CARICOM Treaty's 
derogation facility to the 
application of Common Market 
Rules of Origin, a derogation 
granted to Antigua and Barbuda 
for coffee beans in 2004 
remains in effect. Antigua and 
Barbuda, like other CARICOM 
members, was expected to 
implement the rules of origin 
contained in the Amended 
Schedule I of the revised Treaty 
of Chaguaramas, based on the 
2007 HS from 1 January 2007. 
This did not happen and the 
matter remains in Parliament.  3. When will Antigua 
and Barbuda apply 
the rules of origin 
contained in the 
Amended Schedule I 
of the revised Treaty 
of Chaguaramas, 
based on HS 2007?  Dominican 
Republic Antigua & 
Barbuda Antigua and Barbuda will be applying the rules of origin contained in the 
Amended Schedule I of the Revised Tr eaty of Chaguaramas based on HS 
2007 by January 31st, 2015.  
WTO Antigua & Barbuda Report 
(Page 85 para 3.15) 
Additionally, through a gazetted 
order, the Minister may exempt 
any person or entity from the 
Revenue Recovery Charge. In 
August 2012 certain individuals 
were exempted from the tax 
under the Construct Antigua 
and Barbuda initiative, and 
certain manufacturers were 
exempted under the 
Manufacturers initiative.  4. Is this measure 
compatible with the 
WTO non-
discrimination 
principle? Dominican 
Republic Antigua & 
Barbuda Antigua and Barbuda wishes to inform  that the Manufacturers Initiative 
was a policy based creation under the previous government 
administration designed to give incentives to local manufacturers. 
However, please note that this initiative is still under review by the new 
government that was sworn in followi ng general elections held on June 
12, 2014. Please note that to date, this initiative is still under review by 
the new administration. A decision as to its retention or removal will be 
indicated in the upcoming annual Budget Speech for the fiscal year 
2015; the annual Budget Speech will be delivered on or before 
December 15, 2014.   
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WTO Antigua & Barbuda Report 
(Page 87 para 3.26 & 3.27) 
During the period under review, 
there was no change to Antigua 
and Barbuda's anti-dumping 
and countervailing legislation. 
Anti-dumping and 
countervailing measures are 
addressed in the Customs 
Duties (Dumping and Subsidies) 
Act, of 1959, which was notified 
to the WTO in 2002. Questions 
were posed regarding this 
legislation, mainly on issues 
concerning the lack of 
provisions on various essential 
elements of an anti-dumping 
investigation. Antigua and 
Barbuda has still not provided 
answers. Antigua and Barbuda 
notified to the WTO that it has 
not established an authority 
competent to initiate and 
conduct an investigation within 
the meaning of Article 16.5 of 
the Agreement and thus has 
not, to date, taken any anti-
dumping actions within the 
meaning of Article 16.4 of the 
Agreement and does not 
anticipate taking any for the 
foreseeable future. At the time 
of the last Review, the 
authorities noted that legislation 
on these issues, to be based on 
the CARICOM model laws, was 
under consideration in the 
Ministry of Legal Affairs. 5. What is the 
current position of 
Antigua and Barbuda 
with respect to Anti-
dumping and 
countervailing 
legislation?  Dominican 
Republic Antigua & 
Barbuda Antigua and Barbuda intends to satisf y all national and constitutional 
requirements to ensure that there is a national Anti-dumping and 
countervailing legislation in plac e before the 4th WTO Trade Policy 
Review of Antigua and Barbuda.   
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WTO Antigua & Barbuda Report 
(Page 88 para 3.40) 6. Is Antigua and 
Barbuda planning to 
implement 
regulations for the 
Metrology Act? Dominican 
Republic Antigua & 
Barbuda Yes, Antigua and Barbuda plans to implement regulations for the 
Metrology Act.  
WTO Antigua & Barbuda Report 
(Page 92 para 3.71) 7. When do you think 
competition 
legislation will be 
approved and when 
is it planned to 
designate the 
national competition 
authority? Dominican 
Republic Antigua & 
Barbuda At the level of CARICOM and the CSME, Antigua and Barbuda in 
collaboration with the other CARICOM Member States have worked on 
developing a CARICOM Competition Bill which is in its final stages of 
completion. Upon completion, this Bill will be enacted into Antigua & 
Barbuda and all other CARICOM Member  States legislation. Antigua and 
Barbuda and the other OECS Member St ates of CARICOM have agreed to 
establish a supra-national competition agency (OECS Competition 
Authority) to handle competition matters within the OECS Economic 
Union. 
WTO Antigua & Barbuda Report 
(Page 98 para 4.23) An initial 
application fee for registration 
(currently EC$5,000) and an 
annual fee for continued 
registration (currently EC$5,000 
for local companies and 
EC$10,000 for foreign 
companies) are also payable. 
The FSRC has the right to 
refuse applications if they are 
deemed not to be in the public 
interest, or do not meet the 
provisions of the Insurance Act. 8. Is the measure 
compatible with the 
non-discrimination 
principle, national 
treatment?  Dominican 
Republic Antigua & 
Barbuda Antigua and Barbuda wishes to advise  that these fees are still under 
review and wishes to assu re that these fees will  be revised to ensure 
that there is no future discriminati on nor adverse trade treatment given 
to foreigners.  
WTO Dominica Report 
(Page 132 para 3.8) 1. On which date is 
Dominica thinking of 
applying the rules of 
origin contained in 
the amended 
Schedule I of the 
Revised Treaty of 
Chaguaramas, based 
on HS 2012?  Dominican 
Republic Dominica Dominica intends to apply the Rules of Origin contained in the amended 
Schedule I of the Revised Treaty of Chaguaramas, based on HS 2012 by 
October 2014.  
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WTO Common Report (Page 42 
para 3.47) 2. With regard to 
Dominica's trade 
policy, the main 
objective is to 
increase exports and 
the profits stemming 
from them in order to 
improve the country's 
trade balance, by 
using programmes to 
improve 
competitiveness and 
promote and support 
trade. In this sense, 
with respect to 
export support: what 
kind of benefits does 
the ECCB offer to 
exporters? Dominican 
Republic Dominica EECB does not provide any assistance to Dominican exporters. As 
indicated in the WTO Common Report page 42 para. 3.47, the facility 
was terminated in 2009. 
WTO Common Report (Page 42 
para 3.48) 3. With respect to 
DEXIA's export 
facilitation activities, 
what kind of financial 
assistance does it 
offer to farmers, 
exporters and 
manufacturers?  Dominican 
Republic Dominica DEXIA does not provide financial assist ance to its farmers, exporters and 
manufacturers.  
WTO Grenada Report (Page 176 
para 1.20) No  government 
economic forecasts were 
available for the current review. 
The IMF forecasts GDP growth 
of 1.25% in 2014; consumer 
prices are expected to increase 
by 1.7%. Over the medium-
term, the IMF notes that to 
resume sustained growth 
Grenada would need to deal 
with its sizeable 
competitiveness gap, and that 
achieving higher growth and 
sustained employment 
generation will require the  1. Which are the 
state-owned 
enterprises? Dominican 
Republic Grenada The state-owned enterprises are the Marketing and National Importing 
Board (MNIB) and the Grenada Industrial Development Corporation 
(GIDC).  
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implementation of key 
structural reforms. These 
include improving the business 
climate, implementing wage 
discipline, addressing high 
energy costs, reforming 
state-owned enterprises, and 
streamlining tax incentives, as 
well as putting public debt on a 
sustained downward trajectory. 2. Which type of 
reforms are state-
owned enterprises 
envisaging to put in 
place? Dominican 
Republic Grenada The Marketing and National Import ing Board (MNIB) has developed a 
strategic plan which sets clear, long term goals for the organisation into 
2020. The plan establishes the MNIB's priorities and the actions to be 
undertaken in this regard including quantum increases in products 
supply, development of the agro-ind ustry and development of a robust 
export sector. The Grenada Industri al Corporation has developed an 
Investment Promotion Strategy and an Investment Promotion Act of 
2009 to help increase the level of investment in four major hotels and 
marina projects on the Island. 
 3. Which kind of tax 
incentives are 
currently granted to 
companies in 
Grenada and in what 
will their 
rationalization 
consist?  Dominican 
Republic Grenada Companies seeking concession may be granted a waiver of the CET on 
building materials and equipment. In addition, inputs into production are 
zero rated in Grenada's tariff schedule.  In light of the above mentioned, 
Grenada is working towards reducing the number of incentives in order 
to raise more revenue and to close the fiscal gap in the economy. 
WTO Grenada Report (Page 180 
para 2.14) 4. Is Grenada 
complying with the 
National Treatment 
Principle when 
requesting to non 
OECS non-members 
states landholding 
licences for 
foreigners to invest in 
real estate and a 
work permit to obtain 
a job?  Dominican 
Republic Grenada Yes. Grenada has included the alien la nd holding licence and work permit 
in its schedule of commitments as a horizontal restriction and limitation 
on National Treatment.  
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WTO Grenada Report (Page 183 
para 2.25) Grenada, together 
with 14 other ACP-CARIFORUM 
members, signed the 
CARIFORUM-EU Economic 
Partnership Agreement (EPA) in 
2008. The Government of 
Grenada is co mmitted to 
positioning itself to reap the 
benefits of the agreement, and 
is promoting stakeholders' 
participation in the 
implementation process as a 
key to the success of the EPA. 
With assistance from the 
Caribbean Aid for Trade and 
Regional Integration Trust 
Fund, Grenada established a 
National Economic Partnership 
Agreement Implementation Unit 
(NEPAIU) in 2010, with the 
purpose of ensuring that "the 
requisite regulatory landscape, 
legislative architecture, 
institutional arrangements, 
policies and guidelines as 
stipulated by the agreement, 
are instituted and 
strengthened". The NEPAIU has 
undertaken consultations with 
various national stakeholders, 
and is maintaining an export 
helpdesk. 5. Which kind of 
assistance will the 
NEPAIU as an export 
helpdesk give to 
national 
stakeholders?  Dominican 
Republic Grenada The operation of NEPAU was suspended in July 2013. The aim of NEPAU 
was to provide assistance to stakeholders by obtaining information from 
the EU's Helpdesk on information ab out exporting to the EU Market. The 
Government of Grenada is in the process of re-establishing NEPAU.  
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WTO Grenada Report (Page 200 
para 3.80) The Marketing and 
National Importing Board 
(MNIB) is a state-trading entity 
established to import, procure, 
export, wholesale and retail 
some agricultural products. The 
MNIB is the sole importer of 
"specified imports", as identified 
by an Order issued by the 
Minister in charge of trade and 
finance; these products may 
include foodstuff, building 
materials, and agricultural 
equipment. Curre ntly, unrefined 
sugar, rice and full cream milk 
in bulk (in packages greater 
than 10 kg) are classified as 
"specified imports". The MNIB 
has discretion to grant licences 
for the import or exports of 
these products. Licences are 
valid for a maximum of 12 
months. 6. Is the MNIB 
complying with 
Article VIII of the 
GATT on rights and 
formalities to imports 
and exports? Dominican 
Republic Grenada Yes. 
7. Have they notified 
these measures in 
reference to Article 
XI of the GATT rules? Dominican 
Republic Grenada No. 
8. Have they notified 
these measures in 
reference to Article 
XVII of the GATT 
rules? Dominican 
Republic Grenada Grenada notes the question and steps will be taken to notify the WTO by 
December 2014. 
9. Are automatic or 
non-automatic 
licences granted for 
import taxes? Dominican 
Republic Grenada No.  
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WTO Grenada Report (Page 201 
para 3.91) Price controls are 
regulated by the Supplies 
Control (Prices) Regulations 
(SRO 14 of 1959, last amended 
by SRO 7 of 1988). The 
regulations set maximum retail 
and wholesale prices or 
mark-ups for a number of 
products included in two 
schedules, with three and four 
lists, respectively. Around 60 
items are under price control, 
comprising food products, 
pharmaceuticals, clothing, 
stationery, and hardware 
products. Prices are in general 
controlled by setting a fixed 
mark-up for wholesalers, 
retailers or both. The Ministry of 
Trade is responsible for 
enforcing price controls. 10. Which products 
are subject to price 
controls? Dominican 
Republic Grenada Please see attached list with the price control items.  
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WTO Grenada Report (Page 201 
para 3.91) 
Price controls are regulated by 
the Supplies Control (Prices) 
Regulations (SRO 14 of 1959, 
last amended by SRO 7 of 
1988). The regulations set 
maximum retail and wholesale 
prices or mark-ups for a 
number of products included in 
two schedules, with three and 
four lists, respectively. Around 
60 items are under price 
control, comprising food 
products, pharmaceuticals, 
clothing, stationery, and 
hardware products. Prices are in 
general controlled by setting a 
fixed mark-up for wholesalers, 
retailers or both. The Ministry of 
Trade is responsible for 
enforcing price controls. 11. Are these 
measures compatible 
with the rules of 
Article III of the 
GATT of 1994? Dominican 
Republic Grenada Yes. 
WTO St. Kitts & Nevis Report 
(Page 233 para 1.20) Apart 
from dealing with fiscal and 
debt restructuring issues, the 
programme comprised a 
number of other structural 
reforms. These included 
changing the management of 
the price control for basic 
staples, strengthening the 
public financial management 
systems, reforming the social 
security and pension systems, 
closing the 
government-operated Supply 
Office and tran sferring the 
responsibility of managing the 
supply of price-subsidized 
staples to the private sector 
(section 3). Th e Government 
also engaged in negotiations 1. Which items are 
subsidized? Dominican 
Republic St. Kitts & Nevis Liquid Petroleum Gas (LPG)  
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with the private sector to 
rationalize the liquid petroleum 
gas (LPG) market and revise 
the price formula. The 
Government is planning to 
phase out the subsidies for 
basic staples in the medium-
term in conjunction with 
strengthening the social safety 
net. As part of the reform 
programme and the agreement 
with the IMF, the Government 
also committed to limit central 
government transfers to public 
enterprises, and to amend the 
Finance Administration Act, in 
order to strengthen supervision 
through the Government 
Entities Oversight Board. The 
Government embarked on a 
process of privatization of the 
St. Kitts Electricity Company 
(SKELEC) in August 2011. The 
authorities state that SKELEC 
was able to cover its operating 
costs in 2012. 
WTO St. Kitts & Nevis Report 
(Page 248 para 3.24) 2. Which is the 
applied tariff for non-
bound products? Dominican 
Republic St. Kitts & Nevis The applied tariff for non-bound products ranges from 0 – 40%  
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WTO St. Kitts & Nevis Report 
(Page 259 para 3.85) St. Kitts 
and Nevis has not notified to 
the WTO Committee on 
Agriculture whether it provides 
export subsidies to agricultural 
products. In the context of this 
Review, the authorities have 
stated that St. Kitts and Nevis 
does not provide such export 
subsidies. However, as 
mentioned above, the fruit and 
vegetable industry benefits 
from certain advantages on its 
exports, including the duty-free 
importation of certain inputs 
and materials and of machinery 
and parts used by the industry. 3. Which benefits are 
granted to the fruit 
and vegetable 
industry? Dominican 
Republic St. Kitts & Nevis The benefits are to support Research  Activities, input supply for the 
production process. This application is  non-discriminatory as per National 
Treatment obligations also; 
Waiver of Import Duty on machin ery, equipment for Agricultural 
purposes this would include Farmers,  in accordance with Customs Tariff 
Act No. 12 of 1984 and the List of Conditional Duty Exemption under 
CARICOM.  
4. Are these 
measures in 
conformity with the 
rules established by 
the SCM Agreement? Dominican 
Republic St. Kitts & Nevis Yes; imports of similar prod ucts are not restricted.  
WTO St. Kitts & Nevis Report 
(Page 265 para 3.122) 
There are three other major 
public enterprises, the Air and 
Seaport Authority, the 
Development Bank of St. Kitts 
and Nevis, and the Frigate Bay 
Development Corporation, but 
they do not engage in trading 
activities. 5. Are these 
companies currently 
active? Dominican 
Republic St. Kitts & Nevis Yes 
6. If yes, in which 
kind of activity?  Dominican 
Republic St. Kitts & Nevis The Air and Seaport Authority manages the air and sea port servicer of 
St. Kitts. It is a statutory corporat ion formed by the Government of St. 
Kitts & Nevis in 1993, the Authority provides the gateway to St. Kitts, 
operating the Port Zante Cruise Ship Terminal, the Robert Llewellyn 
Bradshaw International Airport, the Basseterre Deep Wa ter (Cargo) Port 
and Ferry Dock. This network cr eates a powerful stimulus for 
international trade, tourism, and long-term economic expansion, 
ultimately boosting the Federation's development. 
7. If not, what is the 
purpose of such 
companies?  Dominican 
Republic St. Kitts & Nevis N/A  
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WTO St. Kitts & Nevis Report 
(Page 264 para 3.113) 
During the period under review, 
modifications were introduced 
to the scope and manner of 
applying price controls, to 
depend less on rigidly fixed 
prices, and more on market 
conditions. In the 2007 Budget 
Address, the Government 
stated the need to monitor 
consumer prices and that 
Government would tighten up 
the price-control regime. This 
led to the passing of SRO 
No. 41 of 2007 8. Which products 
are subject to price 
controls? Dominican 
Republic St. Kitts & Nevis This practice ended in January 20 13 with the closure of the Supply 
Office. 
9. Are these 
measures compatible 
with the rules of 
Article III of the 
GATT of 1994? Dominican 
Republic St. Kitts & Nevis N/A 
WTO St. Lucia Report (Page 305 
para 2.10) Foreign investment 
projects require prior 
government approval. 
Investment proposals are 
reviewed by Invest St. Lucia 
taking into account national 
interest and economic benefit 
considerations. The investment 
regime does not stipulate any 
minimum investment thresholds 
or national security reviews. 
There is no general limit on the 
amount of foreign ownership or 
control in the establishment of a 
business; however, in principle, 
some 21 areas of investment 
activity, including importation 
for the purpose of trading, 
remain reserved for nationals of 
St. Lucia. According to the 
authorities, this restriction is 
intended to prevent the 
crowding out of local small-
scale businesses; it is not 
applied to large investments or 
when local investors have no 1. Is this measure 
compatible with the 
WTO national 
treatment principle? Dominican 
Republic St. Lucia YES. Saint Lucia is a small vulnerable economy with limited capacity. The 
usual social safety nets that are extended to citizens in larger more 
structured economies cannot be ad equately financed from Government 
Revenues. Therefore it is absolutely necessary to provide space for 
commercial activity among small scale entrepreneurs. While there are no 
minimum investment thresholds it is not envisaged that bona fide 
investors would wish to compete in any of the 21 areas of investment 
activity mentioned at the bottom en d of the market, where return on 
equity is minimal.  
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business interest or lack the 
appropriate technology. There 
are no foreign exchange 
controls and no restrictions on 
the repatriation of profits. 
Foreign nationals receive 
national treatment with regards 
to legal protection.  
WTO St. Lucia Report (Page 312 
para 3.13) St. Lucia has bound 
99.5% of its tariff lines. 
Agricultural products (WTO 
definition), and fats and oils, 
were bound at a ceiling level of 
100%, with some exceptions 
above that rate. The average 
bound rate for agricultural 
products is 116.9%, against 
55.6% for non-agricultural 
products. Three lines carry 
applied MFN rates (70%) that 
exceed bound levels (50%), but 
the computed ad valorem 
equivalents of non- ad valorem  
duties are below the 
corresponding bound rates. In 
the Uruguay Round, St. Lucia 
left blank the column "other 
duties and charges" in its 
schedule, which in practice is 
equivalent to having entered 
"zero". The authorities consider 
that, among taxes applied on 
imports, only the customs 
service charge falls into the 
WTO category of other duties 
and charges; they intend to 
make best endeavours to 
eliminate it. 2. Which lines exceed 
the bound levels? Dominican 
Republic St. Lucia The Lines affected are to be found in  Chapter 93 of the CET, Arms and 
Ammunition, HS 9302.00.00, 9303.10.10 and 9304.10.10 - Fire Arms. 
3. Can Saint Lucia 
explain why it 
maintains tariffs 
higher than the 
bound levels for 
these tariff lines?  Dominican 
Republic St. Lucia Saint Lucia exceeded its bound rate in 3 instances when it introduced 
phase 4 of the CARICOM COMMON EXTERNAL TARIFF (CET).The CET rate 
being higher than our bound rate . The action was an oversight.  
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WTO St. Lucia Report (Page 320 
para 3.51) The authorities 
intend to replace the outdated 
Fiscal Incentives Act of 1974 
with a new incentives regime, 
which would make incentives 
conditional on performance. 4. When does Saint 
Lucia plan to approve 
and enter into force 
this new incentives 
regime? Dominican 
Republic St. Lucia By December 31, 2015 
WTO St. Lucia Report (Page 321 
para 3.59) According to the 
authorities, at end 2013 there 
were 18 government corporations and 33 statutory bodies in St. Lucia. Government subventions are the main source of funding for statutory bodies; the liabilities of statutory bodies that have the power to borrow may be guaranteed by the Government of St. Lucia if authorized by Parliament. Some state-owned enterprises, such as the Water and Sewerage Corporation, received extensive Government assistance during the review period; details on the number of beneficiaries and the precise forms of support were not made available. 5. Has Saint Lucia 
notified these 
companies in 
conformity with Article XVII of the GATT of 1994? Dominican 
Republic St. Lucia Saint Lucia did report on its State – owned enterprises after the first 
OECS TPR in 2001. However none of  the enterprises conduct any trade 
distorting activity that would nece ssitate continuous reports on their 
operations. Given the market absence of critical mass to allow for competition (population 170,000 approx. 238 sq. miles) Government is forced to undertake investme nt in water and Electricity 
WTO St. Lucia Report (Page 322 
para 3.65) The Patents Act 
No. 16 of 2001 contains 
provisions for compulsory 
licensing of intellectual 
property, but is yet to enter into 
force (Table 3.6). In the 
absence of the relevant 
implementing regulations, 
St. Lucia still fails to fully 
comply with the provisions of 
the TRIPS Agreement, since, in 
accordance with its domestic 
legislation it cannot provide a  6. When is the 
Patents Act entry into 
force planned? Dominican 
Republic St. Lucia The Patents Act is intended to come in to full force by year-end when the 
regulations have passed.   
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20-year protection period for 
patents. 7. Is this disposition 
compatible with the 
TRIPS Agreements? Dominican 
Republic St. Lucia The regulations and Act were reviewed by an expert consultant in 2013 
and the same were reported to  be compatible with TRIPS. 
WTO St. Lucia Report (Page 329 
para 4.21) Insurance coverage 
in St. Lucia may only be 
provided by domestically 
registered and licensed 
companies and associations of 
underwriters; separate 
registration re quirements are 
set out in the Companies Act 
and the Insurance Act. Foreign 
companies must have operated 
for at least five years in their 
country of incorporation before 
they can be registered to 
operate in St. Lucia. Individuals 
acting as intermediaries 
(insurance agents, brokers, and 
salesmen) only need to register 
under the Insurance Act. All 
insurers must comply with 
technical reserves  requirements 
(for risks insured in St. Lucia) 
and the legal provisions on their 
placement. Foreign entities not 
registered in St. Lucia may 
insure certain risks for which no 
coverage is offered on the 
domestic market; to this end, 
the St. Lucia-based customer 
must obtain prior authorization 
to seek insurance coverage for 
that risk abroad. 8. Are these 
measures compatible 
with the national 
treatment rule, 
Article III of the 
GATT? Dominican 
Republic St. Lucia Article III of the GATT does not apply to Trade in Services. Insurances 
except for reinsurance was not opened in the GATS. 
  
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WTO St. Lucia Report (Page 329 
para 4.22) Annual  licence fees 
range from EC$1,200 to 
EC$5,500, depending on the 
class of insurance business and 
whether the insurer is local or 
foreign. Different minimum 
paid-up share capital thresholds 
apply to local and foreign 
insurers: EC$1 million and 
EC$2.5 million, respectively, for 
long-term insurance business; 
and EC$750,000 and EC$1.5 
million, respecti vely, for general 
insurance business. Foreign 
insurers must also make higher 
initial deposits, at EC$100,000 
or EC$150,000, compared with 
EC$25,000 or EC$75,000 for 
local companies, depending on 
the class of business 
transacted. Deposit 
requirements for insurance 
brokers also depart from 
national treatment: EC$10,000 
for St. Lucian nationals and 
companies with majority 
ownership by St. Lucian 
nationals, against EC$20,000 
for foreign nationals and 
majority foreign-owned 
companies.  
WTO St. Lucia Report (Page 329 
para 4.23) St. Lucia levies a tax 
on insurance premiums: local 
life insurers, 1.5%; foreign life 
insurers, 3%; local general 
insurers, 3%; and foreign 
general insurers, 5%.  
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WTO SVG Report (Page 342 
para 1.2) Construction 
maintained a GDP share of 
approximately 8% during the 
review period, on account of 
continued dynamism in public 
spending on infrastructure, and 
private investments in 
accommodation facilities. The 
Government's ambitious plans, 
including further airport and 
seaport rationalization, are 
likely to sustain that 
momentum. Despite the 
adverse impact of several 
natural disasters, agriculture 
continued to account for some 
6% of GDP in 2013, largely due 
to continued output 
diversification. The 
manufacturing sector remains 
relatively small, with a GDP 
contribution of less than 5%. 
Both agriculture and 
manufacturing continue to 
depend heavily on fiscal 
incentives in order to cope with 
the disadvantages posed by 
weak domestic demand, difficult 
access to credit, and high 
energy, transport, and 
telecommunications costs. 1. Which instruments 
are being considered 
by the authorities to 
lower the above-
mentioned 
incentives? Dominican 
Republic St. Vincent & 
the Grenadines Labour and energy ineffi ciencies are two dominant constraining factors 
facing producer in the manufacturing and agricultural sector. The 
government therefore envisages that investment in technological 
innovation can enhance these inefficiencies. These include, inter alia, the 
use of renewable sources of energy abundant in our environment. The 
government is also focusing on chea per and more affordable sourcing of 
energy products such as fossil fuel. Additionally, there is a focus on 
research and development, and on education and training of our 
abundant human resources. 
2. Are these 
incentives compatible 
with the WTO 
transparency 
principle and the 
subsidies agreement? Dominican 
Republic St. Vincent & 
the Grenadines All incentives are fully compliant and WTO plus.  
3. Have they been 
notified to the WTO? Dominican 
Republic St. Vincent & 
the Grenadines Yes SVG provides regular notificati ons to the Committee on Subsidies 
and Countervailing Measures  
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WTO SVG Report (Page 353 
para 3.9) The computed 
average tariff rates for St. 
Vincent and the Grenadines are 
biased downwards, due to the 
lack of ad valorem equivalents 
of non-ad valorem duties and 
the exclusion of the 4% 
customs service charge (see 
below), which continues to 
boost the overall level of border 
protection. Subject to these 
limitations, the simple average 
applied MFN tariff remains at 
10.9%. Some 8.8% of tariff 
lines are duty free (up from 
7.2% in 2006) and 7.7% of all 
lines carry rates of over 25% 
(Chart 3.1). Overall tariff 
dispersion remains unchanged, 
with ad valorem  rates ranging 
from zero to 40% (Table 3.3); 
some 53.8% of tariff lines carry 
rates of 5% (one line has a 4% 
rate). Tariff protection remains 
most pronounced in agriculture: 
the average applied rate on 
agricultural products (WTO 
definition) is 17.6% (down from 
18% in 2006), whereas the 
corresponding average for 
non-agricultural products is at 
9.6%. About one half of the 
tariff lines on agricultural 
products (ISIC definition) carry 
rates greater than 25% 
Chart 3.2). 4. Could St. Vincent 
and the Grenadines 
explain why there is 
no data available? Dominican 
Republic St. Vincent & 
the Grenadines Data is available. The request has to be made.  
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WTO SVG Report (Page 355 
para 3.12) 
St. Vincent and the Grenadines 
grants duty-free access to 
goods originating from other 
CARICOM countries, in 
accordance with the relevant 
rules of origin. The authorities 
estimate that imports receiving 
preferential treatment 
accounted for EC$228.4 million 
in forgone tariff and tax 
revenue for the 2008-12 period. 
Customs duties and other taxes 
on imports may also be reduced 
or waived under a multitude of 
programmes, which accounted 
for some EC$469.1 million in 
forgone revenue during 2008-
12; forgone tariff revenue 
represented approximately a 
third (EC$172 million). A 
number of tariff concessions 
target particular groups of 
economic operators, such as 
farmers, operators of school 
buses, and fishing industry 
stakeholders. Several 
investment, production, and 
export promotion programmes 
also contain customs duty relief 
provisions. The particular focus 
on inputs under certain 
schemes de facto enhances 
tariff escalation, and thereby 
increases the effective 
protection of selected economic 
activities and companies.  5. Have the tariff 
concessions and the 
customs duties 
exemptions been 
notified to the WTO? Dominican 
Republic St. Vincent & 
the Grenadines The issue of notification to be addressed for each policy. 
6. What are these 
customs duties 
exemptions? Dominican 
Republic St. Vincent & 
the Grenadines Customs duties exemptions are provided in Attachment 1. 
7. Are these tariff 
concessions granted 
to both local and 
foreign companies? 
Are these tariff 
concessions 
compatible with the 
national treatment 
principle? Dominican 
Republic St. Vincent & 
the Grenadines Yes. Tariff concessions are granted to  both local and foreign companies.  
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WTO SVG Report (Page 355 
para 3.13) 
A customs service charge 
(CSC), at the rate of 4% on the 
c.i.f. value of imports, remains 
in place; goods originating from 
other CARICOM countries are 
not exempt. Statutory 
exemptions for imports of non-
food items have been granted 
to two companies that operate 
resorts (i.e. the Mustique 
Company and Canouan 
Development Company).  8. Have these 
exemptions been 
notified in conformity 
with Article X of the 
GATT? Dominican 
Republic St. Vincent & 
the Grenadines The issue of notification to be addressed for each policy. 
9. What is the 
nationality of these 
commercial entities? Dominican 
Republic St. Vincent & 
the Grenadines Beneficiaries of Customs Service Charge Exemptions are provided in 
Attachments 2,3,4 
WTO SVG Report (Page 358 
para 3.22) According to the 
authorities, the import licensing 
regime is automatic and is 
maintained mainly for statistical 
purposes; the granting of 
licences is not subject to local 
purchase requirements. Import 
licences stipulating quantitative 
restrictions continue to apply on 
some imports, including beer 
and malt, from more developed 
CARICOM countries and third 
countries. St. Vincent and the 
Grenadines is reviewing the list 
of goods subject to licensing in 
order to comply with the 
Revised Treaty of 
Chaguaramas. 10. Which measures 
can be taken in order 
to progressively 
eliminate the above-
mentioned 
quantitative 
restrictions?  Dominican 
Republic St. Vincent & 
the Grenadines Previously non-automatic licensing ap plied on certain goods which were 
subjected to quantitative restrictions  under Articles 56 and 164 of the 
Treaty of Chaguaramas. Currently, all imports are subject to automatic 
licensing and this is solely for the purpose of data collection/statistical 
purpose. Good currently benefiting under the Article 164 Regime of the 
Revised Treaty of Chaguaramas are now subject to tariffication. 
11. Are these 
measures compatible 
with Article XI of the 
GATT? Dominican 
Republic St. Vincent & 
the Grenadines Automatic licences utilized by SVG are compatible with the Article XI of 
the GATT. 
WTO SVG Report (Page 360 
para 3.41) 12. What are the 
steps being 
considered by Saint 
Vincent and the 
Grenadines to 
progressively 
eliminate export 
subsidies before 
31 of December 
2015?  Dominican 
Republic St. Vincent & 
the Grenadines For the period under review there have been no legislative changes, 
however efforts are being made to am end the Fiscal Incentives Act. A 
draft amendment is at the Attorney General's office. The Government of 
St. Vincent and the Grenadines envisaged being in compliance by the 
2015 deadline. Most beneficiaries have been notified that export 
subsidies will have to be terminated by 2015.  
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WTO SVG Report (Page 362 
para 3.49) 
St. Vincent and the Grenadines 
has submitted only one 
notification on state-trading 
enterprises to the WTO, dating 
back to December 2000; no 
updates have been provided. 
State participation in the 
economy during the period 
under review was also difficult 
to ascertain (Table 3.5). No 
comprehensive list of state-
owned enterprises, details on 
their commercial activities, or 
state support received, were 
made available. 13. Could Saint 
Vincent and the 
Grenadines provide 
updated information 
with respect to state-
owned enterprises?  Dominican 
Republic St. Vincent & 
the Grenadines SVG cannot at this stage provide a definite date but intends to comply 
with its obligations in providing the WTO with an updated notification. 
14. Could Saint 
Vincent and the 
Grenadines provide a 
comprehensive list of 
state-owned 
enterprises, detailing 
their commercial 
activities and the 
state support 
received? Dominican 
Republic St. Vincent & 
the Grenadines SVG cannot at this stage provide a definite date but intends to comply 
with its obligations in providing the WTO with an comprehensive list 
WTO SVG Report (Page 362 
para 3.50) 3.50 According to the authorities, state-trading is carried out only by the Agricultural Input Warehouse (AIW), which has had a monopoly on imports of bulk sugar since 2005; there are no exclusive rights on the importation of packaged sugar. The AIW awards importation contracts, usually for one-year periods, through competitive tenders. While any fluctuations 
in the price of white sugar are 
passed on to the domestic market, retail prices for brown sugar (sold in bags of one, two, and five pounds) are set by Cabinet decision and the AIW absorbs any increases in international prices. The AIW also imports agricultural inputs, mainly fertilizer blends and diothene sheeting (protective bags for bananas), for onward 15. Which measures 
could be taken to give free access to the sugar market, which would eliminate the state monopoly? Dominican 
Republic St. Vincent & 
the Grenadines Traditionally, banana and agriculture in general were the main stay of 
the Vincentian economy. However, ov er the past five years banana and 
agricultural production has suffere d several challenges. These include 
declines in preferences, vulnerability to external shocks, the presence of Moko, and Black Sigatoka diseases, and natural disasters such as the passage of Hurricane Tomas in October 2010, the freak storm in April 2011 and the Christmas Floods of 2013. The result is the overall decline in banana and agricultural production. Given the importance of the banana for earning foreign exch ange, promoting employment, and 
alleviating poverty, emphasis has been placed on diversifying the 
agricultural sector around 'bananas'.  Of paramount importance to this 
process is the role of the Agricultural Input Warehouse in helping to 
address the transitional cost and providing support to farmers who have been dislocated and have no means of  supporting their livelihoods. It has 
been able to provide such critical su pport to farmers by using the profit 
realized from the importation an d sale of bulk brown sugar. Inter alia , 
farmers have been provided with afford able fertilizers, diothene sheeting 
(protective bags for bananas), and ot her key agricultural inputs. It is 
evident that this transition will not occur overnight and must be given time. While the Agricultural Input Warehouse (AIW) has been importing bulk brown sugar it neither has the exclus ive rights on the importation of 
packaged sugar nor its trade in agricu ltural inputs as these may be freely 
imported by other companies.   
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sale to farmers at subsidized 
prices; the same items may be freely imported by other companies. The AIW is entitled to import agricultural inputs duty free; the price subsidy, which it offers in onward trading, is financed only by profits made on bulk sugar imports and is not subject to Cabinet approval.  
WTO SVG Report (Page 367 
para 4.7) 
St. Vincent and the Grenadines 
remains a net importer of 
manufactures (section 1). Its 
manufacturing sector is 
relatively small,  as domestic 
demand is not conducive to 
economies of scale. Locally 
manufactured goods include 
steel rods, PVC pipes, 
galvanized sheets, animal feed, 
card-board boxes, door frames, 
flour, soft-drinks, and beer. The 
sector's contribution to GDP 
contracted from 4.3% in 2007 
to 3.1% in 2012. Domestic 
manufacturing enterprises 
continue to struggle with high 
electricity, transport and 
telecommunications costs, as 
well as the erosion of 
preferential access to key 
export markets. According to 
the authorities, fiscal incentives 
and protected na tional and sub-
regional markets are essential 
for the survival of most 
manufacturers based in the 
country.  **. How could 
Saint Vincent and the 
Grenadines help 
improve the 
competitiveness of 
these manufacturers 
without applying 
protective measures? Dominican 
Republic St. Vincent & 
the Grenadines A small business development bill has be en drafted, but has not yet been 
passed in Cabinet. This bill provides  some interventions which are aimed 
at assisting small business to build competiveness.  
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WTO SVG Report (Page 369 
para 4.19) All onshore insurance companies must be registered with the FSA and comply with the deposit and insurance fund requirements corresponding to the type of insurance provided. There have been no modifications to deposit and insurance fund requirements or licence fees during the review period. According to the authorities, there are no restrictions on the type of insurance business for which a 
foreign company may register. 
Minimum paid-up share capital thresholds vary for local and foreign firms seeking registration: EC$2 million and EC$5 million, respectively, for long-term insurance business; and EC$1 million and EC$2.5 million, respecti vely, for general 
insurance business.  16. Does this 
regulation comply with the WTO national treatment principle? Dominican 
Republic St. Vincent & 
the Grenadines The higher capital requirement for fo reign insurance companies is as a 
result of the higher risks associated with these companies. Once registered both local and foreign companies enjoy similar benefits under the law. While the current law provides for a distinction between a local and foreign insurer and specifies different  minimum capital requirements for 
each whether conducting long or short term business, the new harmonised Insurance bill mandates th at in order to carry on insurance 
business in the ECCU , a company must be incorporated in an ECCU jurisdiction . i.e. regardless of whet her it is already incorporated and 
operating outside the ECCU. Consequently, any discrimination between a "local" and "foreign" insurer is effectively eliminated from the point of view of the fact above, which renders all companies ECCU insurers albeit local or external ( if exercising passport rights) and subject to one capital framework. 
The ECCU Insurance law is in the latter stages of finalization.  
WTO SVG Report (Page 370 
para 4.23) 
There are no nationality or 
residency requirements for 
managers or directors of 
international insurance 
companies. International 
insurers are precluded from 
providing insurance for 
residents or onshore 
companies; property in transit 
to or from St. Vincent and the 
Grenadines; and vehicles, 
vessels, aircraft or other 
moveable property based in the 
country. There are five classes 
of international insurer licences, 17. Is this measure 
compatible with 
Article XVII of the 
GATT of 1994? Dominican 
Republic St. Vincent & 
the Grenadines An intrinsic feature of international financial services centres/offshore 
financial centres is the provision of financial services to non-residents in 
particular the export of financial services. This is a globally accepted 
position. 
The Financial Services Authority (FSA) adopts an objective approach to 
all applications for licensing, and where upon an assessment of all of the 
circumstance, an applicant does not meet the necessary standard, a 
licence will not be granted. 
Notwithstanding the provisions in the insurance Act which does not allow 
for appeals where a licence is not gran ted, nor requires a reason to be 
given for the refusal to grant a licence, the overarching Financial 
Services Act 2011, does provides  for an appeals process by any 
aggrieved person against a decision of  the FSA. This appeals process is 
available to all entities regulated or supervised by the FSA, including 
international insurance companies.   
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granted for up to one year 
(renewable); there have been 
no changes to the 
corresponding licence fees or 
capital and solvency 
requirements during the review 
period. A decision to refuse a 
licence is final; it cannot be 
appealed and no reason for 
refusal need be given. 
WTO Common Report (Page 21 
para 2.15) We note that with the main exception of the requirements for obtaining alien landholding licences, foreign investment receives national treatment in all OECS Members. The rationale for the land licensing restriction is related to limitations in land availability for commercial purposes, as well as to the need to rationalize land use and enable nationals to afford property while avoiding speculation by foreigners. Licences are subject to satisfactory applications to the national Cabinet of Ministers and payment of the requirement fees. However, licences are not required for 
investment in sectors 
considered of priority for the country, or where the purchase does not exceed a certain threshold. 1. We would 
appreciate if the OECS Members could set out the criteria for "satisfactory applications" of licences as well as clarify the priority sectors and the "threshold" which must not be exceeded in order to be exempted from the requirement of a licence. Singapore All OECS 
Member States The criteria for "satisfactory applications" include (Application fee receipt, 
the land plan-prepared by a licensed surveyor, the purpose for which the 
property is to be utilised, particular s of ownership, location and current 
value of the property in question). As it relates to the threshold which must not be exceeded consist of residential under 1 acre and commercial less than 3 acres.  
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WTO Common Report (Page 20 
para 2.10) We note that 
compliance with notification 
obligations remains an issue for 
OECS Members. Most OECS 
Members have made efforts to 
improve their notification 
records. Differences in levels of 
implementation and 
notifications may be attributable 
to differences between the 
countries' technical or human 
resources (Table 2.2). There is 
a general lack of notifications 
on agriculture and SPS; only 
St. Vincent and the Grenadines 
has notified its agriculture 
export subsidies (none) and 
domestic support programmes. 
No SPS measures were notified 
by the OECS WTO Members 
during the period under review. 2. Could the OECS 
Members elaborate 
on the reasons for 
the difficulties and 
the steps they are 
taking to improve 
this? Singapore All OECS 
Member States The reasons for the difficulties include staff turnover and inadequate 
human and technical resources. 
St. Kitts & Nevis  has made the notification; however, there is an 
urgent need for technical assistance /training to ensure the process is 
ongoing. Staff changes in the Competent Authority continues top impact 
on the process. Despite this limitation, St. Kitts and Nevis practices a 
fully transparent process in the trad ing of plant and animal products. 
WTO Common Report (Page 25 
para 2.36) We note that since 1991, CARICOM member states have sought to implement a common external tariff (CET), through a phased process. However, as at March 2014 tariff schedules across countries still differed considerably, due 
partly to the exceptions allowed 
and partly to mechanisms permitting the non-application of the CET under certain circumstances. 3. Could the OECS 
Members give more detail on (i) what phase they are currently in; and (ii) whether they foresee any problems with inconsistencies that might arise from the 
various regional 
arrangements they are in, including the existence of exceptions and non-application of the CET in certain circumstances? Singapore All OECS 
Member States Some Member States are at Phase IV of CET implementation. 
(i) St. Kitts & Nevis  is currently applying rates based on Phase III of 
the Common External Tariff of the CARICOM. (ii) No, we don't foresee 
any problems.  
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WTO Common Report (Page 28 
para 2.56) We note that the 
EPA provides for a standstill of 
other duties and charges 
applied on imports, leading to a 
phase-out starting seven years 
after signature with a complete 
elimination within ten years. 
This will be a sensitive reform in 
most OECS countries, since 
they depend heavily on revenue 
from the Customs Service 
Charge (CSC) on imports, given 
that their CARICOM 
commitments do not allow them 
to incorporate the CSC into 
their applied MFN tariff rate. 
Moreover, the CSC is also 
applied on all imports from 
preferential partners, including 
other OECS countries. OECS 
member states apply a number 
of other duties and charges on 
imports, such as the 
environmental levy, and excise 
tax, and would have to remove 
the CSC and these taxes and 
charges by 2018. Some OECS 
Members are already 
addressing the situation, and, in 
Antigua and Barbuda, the CSC 
has been turned into a Revenue 
Recovery Charge, which applies 
to imports and domestic goods. 4. Could the OECS 
Members provide 
further information 
on the environmental 
levy they impose on 
imported goods? Singapore All OECS 
Member States Grenada applies an Environmental le vy on both domest ic and imported 
white goods and aerated beverages. 
St. Vincent & the Grenadines  in accordance with their Environmental 
Levy Act Chapter 427 Amendment Act No. 6 of 2006, applies a bottle 
deposit levy on certain beverages in non-returnable  bottles. See 
Attachment 5. 
 St. Kitts & Nevis The Environmental Levy in St. Kitts and Nevis is only 
applicable to vehicles. It is a specific charge based on the age of the 
vehicle.  Please see the link below: 
http://skncustoms.com/pdfs/Statut ory_Rules_and_Orders_No12.pdf.  
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WTO Common Report (Page 43 
para 3.53) We note that none of the OECS-WTO Members has functional competition policy legislation in place. However, Chapter VIII of the revised CARICOM Treaty deals with competition policy and provides for the enactment and harmonization of legislation in CARICOM member states. The CARICOM Competition Commission, inaugurated in January 2008 and headquartered in Suriname, is in charge of competition issues 
and enforcement in the CSME. 
Additionally, the OECS countries have agreed to establish a supra-national competition agency to handle competition matters within its single market. The Eastern Caribbean Competition Authority is expected to be established by 2015. Draft model legislation has been prepared by the CARICOM Secretariat and is with the respective authorities for consideration. 5. Could the OECS 
Members give further detail on their plans to develop competition policy, especially in light of the competition policy chapter in the OECS Members' Economic Partnership Agreement (EPA) with the EU, which require the OECS Members to have competition laws in force to address 
restrictions on 
competition? Singapore OECS 
Secretariat In collaboration with the CARICOM Competition Commission established 
under Article 171 of the Revised Treaty of Chaguaramas, member states of the OECS have been engaged in activities necessary to increase the knowledge and understanding of stak eholders about competition policy 
in general and more specifically, pr ohibited practices and enforcement 
mechanisms with a view to designin g and implementing an appropriate 
competition policy legal framework for the OECS.   
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St. Vincent & the Grenadines 
Government Report (Page 92 
para 3.1) During the period 
under review, the country 
remained an independent 
parliamentary democracy within 
the Commonwealth of Nations. 
The political system continues 
to follow the Westminster model 
of parliamentary government. 
The executive branch of 
government comprises the 
Prime Minister and his Cabinet 
of Ministers, who are 
responsible for concluding and 
signing international treaties 
and agreements, including 
trade-related agreements. The 
Cabinet is however collectively 
responsible to the House of 
Assembly for its decisions. The 
minority leader and senators 
form the other component of 
the National Assembly while the 
Judiciary is guaranteed 
constitutional independence. 
St. Vincent and the Grenadines 
is a full member of the United 
Nations, the Organization of 
American States, the 
International Labor 
Organization, CARICOM, and 
the Organization of Eastern 
Caribbean States. 1. In this respect, 
Colombia would like 
to know how the 
National Assembly 
interacts with the 
judiciary to approve 
trade agreements. Colombia St. Vincent & 
the Grenadines (a) The sentence reading: "The minority leader and senators from the 
other component of the National Assembly while the Judiciary is 
guaranteed constitutional independence." 
 
This sentence should be edited as follows to bett er reflect the structure 
of the House of Assembly: "The Opposition Leader, other 
Parliamentarians who are not Cabinet Ministers, and Senators form the 
other component of the House of Assembly while the Judiciary is 
guaranteed constitutional independence." 
(b) Regarding the question posed, we advise that Trade Agreements are 
approved in the following manner: 
Trade Agreements are approved by the Cabinet, the Executive arm of 
the Government. Where Trade Agreements require enabling legislation 
or changes to existing laws, they  are forwarded to the House of 
Assembly where the procedure for amending and/or enacting laws takes 
place. The Judiciary is not involved in  the approval of Trade Agreements.   
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St. Vincent & the Grenadines 
Government Report (Page 113 ANNEX I) Sanitary and Phyto-Sanitary Measures (SPS): to increase production and trade in agriculture and fisheries which meet the international standards while protecting plant, animal and human health and life and the environment.  2. Colombia would 
like to know how have countries enjoyed or benefitted from the financial agreement with the European Commission in this field. What kind of aid did you receive? Colombia St. Vincent & 
the Grenadines 10th EDF Support for EPA Implementation  
The programme on Sanitary and Phyt osantiary Measures (SPS) is one 
component of the 10th EDF Programme titled "Support to the Forum of 
Caribbean States in the implementation of the commitments undertaken under the EPA. The EU has contributed 11,700,000Euros to facilitate the SPS obligations under the EPA. Implementation of this project has not commenced due to the late release of funds. However, the project is expected to increase production and trade in agriculture and fisherie s which meet intern ational standards 
while protecting plant, animal and human health and the environment. 
The project is comprised of three co mponents: Legislation, National and 
Regional SPS Coordination and Capacity Building. 
WTO Common Report (Page 35 
para 3.5) None of the OECS-
WTO Members has any non-
preferential rules of origin. All 
the countries apply the 
CARICOM preferential rules of 
origin. To comply with these 
rules, goods are deemed to be 
from the Common Market if 
they have been: (a) completely 
produced within CARICOM; or 
(b) produced within CARICOM 
wholly or partly from materials 
imported from third countries, 
provided a substantial 
transformation has taken place 
within CARICOM. Substantial 
transformation may be achieved 
by change of tariff heading, or 
by complying with the 
requirements defined 
specifically for each tariff 
heading in Part A of the List in 
Schedule II of the CARICOM 
Treaty. Furthermore, under a 
"safeguard" mechanism, a 
manufacturer may use 
materials from outside the 
region when they are not 
available in a CARICOM State. 
However, the Council for Trade 1. In this respect, 
Colombia would like 
to know how the 
"safeguard" 
mechanism that 
CARICOM States 
apply works in order 
to ensure the supply 
of materials when 
they are not available 
in a CARICOM state. 
To which products is 
this mechanism 
applied? Are records 
kept of its use? 
Colombia would be 
grateful for any 
additional information 
on the subject. Colombia OECS 
Secretariat The safeguard mechanism applies to all inputs not available within 
CARICOM. It is activated by an application from a member state to 
COTED under Article 84 of the RTC. Inputs must be components to be 
used in industrial processes and vita l for transformation. They must not 
be available in exportable quantiti es within CARICOM at the time of 
application. E.G. Molasses used in the manufacture of rum. Records are 
kept at CARICOM Secretariat with  reference to applications and 
approvals and at each individual me mber state making such requests.  
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and Economic Development 
needs to provide a waiver to 
authorize such imports. 
Additionally, a certificate of 
origin from the exporting 
country is required with 
verification taking place at the 
importing end. CARICOM 
member states, are expected to 
implement the rules of origin 
contained in the Amended 
Schedule I of the Revised 
Treaty of Chaguaramas, based 
on the 2007 HS from 1 January 
2007. Presently all OECS-WTO 
Members apply the HS2007 
nomenclature. 
WTO Common Report (Page 60 
para 4.69) The OECS countries have different regimes for professional services. In some, certain professions or professional services are regulated by specific laws while in others, most professional services are unregulated and professions are either auto-regulated or unregulated. There are no provisions that reserve the exercise of a particular professional service exclusively 
for nationals. None of the OECS 
Members have signed mutual recognition agreements on professional services. 2. In that respect, 
Colombia would be grateful if you could give more information regarding regulated and unregulated professions in the OECS countries. Which are the regulated professions? Do temporary license processes exist for 
foreigners in 
regulated professions? Are the unregulated professions freely accessible by foreigners? Colombia All OECS 
Member States St. Lucia 
In Saint Lucia the following services are regulated: Medical and Dental to 
include nursing, Legal Practitioners, Pharmacists, Accounting and Customs Brokers. Licensing processes are in place for both nationals and foreigners. Unregulated professions are not freely accessible, except if the particular service was opened in the GATS. Work Permits are required in all instances where parties are non-nationals.  Dominica 
In the case of Dominica, the followi ng associations require licenses: 
Dominica Bar Association, Nurses Association, and Medical Association. The Association of Architects is unregulated, however a Board of 
Architects has recently been instituted which should address this matter. Engineering is partially regulated as the regulations do not mandate 
continuing professional development. 
Overall, an individual does not need to be a member of an association to 
practice in Dominica, but in the case of engineering requires a license. In the case of architecture, one can o ffer architectural services without 
stating that you are an architect.  St. Vincent & the Grenadines 
According to the income tax act, there is a Professions Licensing Act, Cap 271 that obligates the following professions to pay an annual license to operate: i. Appraiser and Valuer...................$720 ii. Architect......................................$900  
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iii. Auctioneer..................................$720 
iv. Barrister and Solicitor..................$900 v. Building Contractor.....................$720 vi. Chartered or Certif ied Accountant.....$900 
vii. Commission Agent...........................$720 viii. Consultants........... .........................$900 ix. Customs Broker..............................$480 x. Dentist............................................$900 xi. Druggist and Chemist.....................$360 xii. Engineer.........................................$720 xiii. Land Surveyor................................$900 xiv. Medical Practitioner.......................$900 xv. Optometrists and Optician.............$720 xvi. Real Estate Agent...........................$720 xvii. Trader.............................................$900 xviii. Travel Agency..................................$600 
xix. Veterinarian....................................$900 
All foreigners require work permit an d may be subject to the regulations 
of the profession. 
WTO Antigua & Barbuda Report 
(Page 75 para 2.6) 
In 2005, Antigua and Barbuda 
joined other CARICOM states in 
establishing the Caribbean 
Court of Justice (CCJ) with 
independent trade jurisdiction 
for dealing with the 
interpretation of the revised 
Treaty of Chaguaramas. 
Accession to the appellate 
jurisdiction of the CCJ would 
require abolition of appeals to 
the Privy Council, and an 
amendment of the Constitution. 
Although Antigua and Barbuda 
has signed on to the original 
(trade) jurisdiction of the 
Caribbean Court of Justice, it 
has not yet acceded to the 
appellate jurisdiction of the 
court. In this respect, it was 
agreed by all OECS members 
that they would accede to the 1. In that respect, 
Colombia would like 
to know what is the 
role of the Caribbean 
Court with regard to 
trade agreements? Colombia Antigua & 
Barbuda In the jurisdiction of Antigua an d Barbuda, the Caribbean Court of 
Justice has original trade jurisdiction only in the first instance to resolve 
trade disputes arising from trade ag reements; but for appellate matters 
to further resolve trade disputes, Antigua and Barbuda still has not 
signed on to the appellate jurisd iction of the Caribbean Court.   
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appellate jurisdicti on as soon as 
possible. In Antigua and 
Barbuda's case this would 
require a referendum. 
WTO Common Report (Page 10 
para 1.2) 
The Secretariat re port mentions 
the vulnerability of the region to 
natural disasters, especially 
hurricanes.  1. What have OECS 
countries done since 
2007 to better 
prepare themselves 
to withstand climatic 
events? Canada OECS 
Secretariat (i) Comprehensive national climate data collection and management 
systems designed; (ii) public awareness campaigns on climate change 
conducted; (iii) expaned use of protected culture technology for 
producing high value vegetable crops to build resilie 
WTO Common Report (Page 36 
para 3.9) The Secretariat report 
notes that the MFN applied 
tariffs for a few products in 
Grenada and Antigua and 
Barbuda exceed their MFN 
bound rates under the WTO. 
Specifically, in the case of 
Grenada, MFN applied rates for 
18 agricultural tariff items 
(covering meats, vegetables, 
soy-bean oil, wines and other 
alcoholic beverages) exceed the 
MFN bound rates and, in the 
case of Antigua and Barbuda, 
11 tariff items (covering arms 
and ammunition) exceed the 
MFN bound rates. 2. Could Antigua and 
Barbuda and Grenada 
please indicate what 
steps are being taken 
to complete the 
rectification of these 
lines to ensure the 
level of the applied 
rates of duty are not 
greater than their 
respective WTO 
bound rates of duty? Canada Antigua & 
Barbuda, 
Grenada Grenada  has a common CET with the other members of CARICOM and a 
common approach will be undertak en with the assistance of the 
CARICOM Secretariat to submit a proposal to the WTO to address the 
issue. 
Antigua & Barbuda  wishes to inform that the Antigua and Barbuda 
Customs and Excise Division has indicated that the rectification of these 
lines will be completed by phasing them out and the completion of this 
phasing out exercise will be complete d within the first quarter of 2015; 
thus this will ensure that the level of applied rates of duty are no longer 
greater than their respective WTO bound rates of duty.  
WTO Common Report (Page 42 
para 3.46) The Secretariat 
report notes that the transition 
period for export subsidy 
programs of the OECS Members 
came to an end in 2013 with 
the deadline to eliminate all 
export subsidy schemes no later 
than the end of 2015. 3. Given that the 
OECS Members have 
committed to 
eliminating all export 
subsidy schemes by 
December 31, 2015, 
what steps are being 
taken domestically in 
OECS countries to 
ensure all export 
subsidy schemes are 
fully eliminated by 
the end of 2015? Canada All OECS 
Member States Grenada  does not have in place any ex port subsidy. Grenada has a new 
Investment Promotion Act of 2009 wh ich repeals the Fiscal Incentive Act 
of 1974. St. Vincent and the Grenadines efforts are being made to 
amend the Fiscal Incentives Act. A draft amendment is at the Attorney 
General's office. The Government of St. Vincent and the Grenadines 
envisaged being in compliance by th e 2015 deadline. Most beneficiaries 
have been notified that export subsidies will have to be terminated by 
2015.  
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WTO Common Report (Page 45 
para 3.57) 
It is noted that none of the 
OECS-WTO Members is a party 
to the WTO Agreement on 
Government Procurement.  
 
4. Do OECS-WTO 
Members 
contemplate 
becoming either 
Parties or observers 
to the WTO 
Agreement on 
Government 
Procurement? If yes, 
when? Canada All OECS 
Member States OECS General Reponse 
Not at this time. 
 
Grenada 
Grenada is developing a new Procurement Framework and a new draft 
Government Procurement Legislat ion will be submitted for the 
consideration of Parliament by the end of 2014. The contemplation for 
the new Framework is that it will provide for a National Procurement 
Authority. No date is set as to when Grenada will become a Party to the 
WTO Agreement of Government Procurement. 
WTO Common Report (Page 45 
para 3.59) It is noted that 
Dominica's Procurement and 
Contract Administration Act 
provides a 20% preference 
margin for domestic suppliers. 5. Could Dominica 
provide additional 
information on how 
this preference is 
applied? Canada Dominica Dominica's Procurement Unit was established in March of 2014. Though 
the Act was passed on November of 2012, implementation will begin in 
November of 2014. In that regard, Dominica is not in a position to 
comment on this question. 
6. Does Dominica 
envisage reducing or 
eliminating the 
margin of preference 
regime enjoyed by 
domestic suppliers, 
and if yes, when?  Canada Dominica Dominica's Procurement Unit was established in March of 2014. Though 
the Act was passed on November of 2012, implementation will begin in 
November of 2014. In that regard, Dominica is not in a position to 
comment on this question. 
WTO Common Report (Page 45 
para 3.62) It is noted that the 
Council for Trade and Economic 
Development (COTED) has 
launched an action plan to 
create a central regional 
information coordinating 
agency, and that a promotional 
programme has been put in 
place to increase procurement 
of regional goods and services, 
within CARICOM. 7. Does this 
promotional 
programme favour 
procurement of 
regional goods and 
services and, if yes, 
how? Canada OECS 
Secretariat The purpose of this promotional programme is to match regional buyers 
to regional producers. There are no obligations or treaty amendments to 
compel member states to purchase solely from CARICOM, however this 
programme is expected to enhance awareness of what is available 
regionally and in the future improve inter regional trade. 
8. Do the OECS-WTO 
members envisage 
taking binding 
regional 
commitments to 
increase access to 
government 
procurement markets 
within CARICOM, and 
if yes, when would 
they expect to do so? Canada All OECS 
Member States As part of the CARICOM Single Mark et and Economy, Member States are 
working towards establishing a new Government Procurement 
Framework. Until that Framework is completed it would be difficult for 
Grenada to state whether it will take binding commitments.   
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WTO Common Report (Page 53 
para 4.28) 9. What is the health 
of the indigenous 
banking system and 
what oversight 
mechanisms 
(including staff to 
implement and 
monitor) are now in 
place to ensure 
proper levels of 
supervision? Canada OECS 
Secretariat ECCB to provide feedback on this matter. 
WTO Dominica Report 
(Page 120 para 1.11) 10. How are debts to 
Venezuela's 
PetroCaribe factored 
into reported debt-to-
GDP ratios? Are these 
outside of the public 
debt-to-GDP ratios 
being reported? Canada Dominica Dominica's debts to the Venezuela's Petro Caribe are outside of the 
public debt -to-GDP ratios.  
WTO Dominica Report 
(Page 136 para 3.22) The 
Secretariat report notes that 
Dominica requires import 
licenses on pota toes (fresh and 
chilled) and certain footwear 
products if imported from any 
non-member of CARICOM and 
on wheat flour, oxygen, carbon 
dioxide and candles of paraffin 
wax if imported from any 
country other than CARICOM 
LDC. 11. Could Dominica 
please provide more 
information on the 
import licensing 
regimes which 
require licenses on 
imports from non-
members of 
CARICOM or 
CARICOM LDCs? Canada Dominica Currently, Dominica issues license on potatoes (fresh or chilled) when 
there is a local crop (during the month of February - June) at a rate of 
150%, and 10% when out of season. O xygen generates a 5% duty when 
imported from CARICOM MDCs and 25 % from extra-regional countries. 
In the case of carbon dioxide, zero  duty is applied when imported from 
CARICOM, and 25% extra-regionally; and wheat flour at a rate of 40%. 
These licenses are granted automatically, upon request. 
OECS Joint Report (Page 10 
para 2.9) 
As noted in the OECS report, 
the increasing significance of 
the role of FDI in the OECS 
cannot be overlooked, because 
the impact on growth and 
development is substantial. 12. Given the role of 
FDI in increasing 
growth and 
development in the 
OECS, are member 
states planning to 
take advantage of 
the benefits of tax 
information exchange 
agreements to attract 
further investment? Canada All OECS 
Member States Grenada has benefited having becoming a beneficiary to eleven 
multilateral and nineteen bilateral Tax Information Agreements. 
Other Member States such as St. Vincent & the Grenadines  intends to 
take advantage of any benefits of TIEAs to attract investment. St. 
Vincent & the Grenadines remains committed to the OECD standards and 
principles and to the exchange of in formation mechanisms as set out in 
the relevant agreements.  
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WTO Common Report (Page 35 
para 3.7) 1. Are other OECS 
countries than 
Grenada planning to 
bind all tariff lines in 
the WTO in the 
future? Thailand All OECS 
Member States The OECS will abide by the outcomes of the DDA Negotiations on NAMA 
modalities 
WTO Common Report (Page 36 
para 3.12) 2. Since a big 
difference between 
applied rate and 
bound rate can 
undermine the 
predictability of 
market access 
conditions, could 
OECS clarify how its 
plan to address this 
situation? Thailand OECS 
Secretariat Any changes in our current bound tariffs  will be done within the context 
of the DDA Negotiations or future rounds. 
WTO Grenada Report (Page 187 
para 3.19) 3. Could the 
Government of 
Grenada indicate its 
progress in working 
with the CARICOM 
Secretariat's Office of 
Trade Negotiations in 
order to improve the 
situation of applied 
rates of some 
products exceeding 
bound rates? Thailand Grenada Grenada has a common CET with th e other members of CARICOM and a 
common approach will be undertak en with the assistance of the 
CARICOM Secretariat to submit a proposal to the WTO to address the 
issue. 
WTO Dominica Report 
(Page 149 para 4.7) 4. We note that 
locally produced 
agricultural products 
are exempted from 
the VAT. Could the 
Government of 
Dominica explain the 
rationale behind this 
discrepancy? Thailand Dominica VAT is not applied on locally produced agricultural products for two 
reasons: (1) locally produced agricultural products are basic staples for 
the vulnerable group in Dominica, it th at regard it is for food security, 
and (2) from the Inland Revenue Administration standpoint, it is very 
difficult to manage a very diso rganized agricultural sector   
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WTO St. Lucia. Report 
(Page 314 para 3.23) 5. What is Saint 
Lucia's view on its 
measure of granting 
of import licenses for 
poultry and pork 
which are subject to 
"domestic purchase 
requirements of 25% 
and 40% of the 
imported quantity 
respectively" in the 
context of its 
obligations under 
Article 3.1(b) of the 
SCM Agreement? Thailand St. Lucia Article 3.1 (b) of the SCM does not apply in this case 
WTO Antigua & Barbuda Report 
(Page 89 para 3.46) Antigua 
and Barbuda has developed a 
list of prohibited and permitted 
commodities with respect to 
specific trading partners. The 
Plant Protection Unit of the 
Department of Agriculture is in 
the process of developing a 
website that will include 
bilateral agreements, the list of 
quarantined pests,  legislation, 
entry requirements, and other 
related material. Special import 
restrictions apply to some 
products, for example mangoes 
from countries with mango seed 
weevil or fruit flies; citrus from 
areas with fruit flies are 
prohibited.  1. Could Antigua and 
Barbuda's authorities 
give an indication as 
to when the website 
that would list the 
obligations applying 
to the different 
trading partners 
would apply in 
particular for imports 
of EU origin?  EU Antigua & 
Barbuda Antigua and Barbuda wishes to inform  that by January 31st, 2015, the 
website is expected to contain the list of obligations applying to the 
different trading partners in partic ular for imports of EU origin.  
WTO St. Kitts & Nevis 
(Page 258 para 3.78) However, 
there is no mechanism to 
inform national stakeholders 
and trading partners prior to 
the adoption of the measures, 
and consequently, there is no 
provision for the solicitation or 2. Could St Kitts and 
Nevis' authorities 
indicate why there is 
no consideration yet 
to improve the 
situation in terms of 
rapid information in 
particular in the case EU St. Kitts & Nevis St. Kitts and Nevis has a fully f unctional information sharing and 
response system using the facilities of the Enquiry Point for SPS as well 
as direct communications with regional and international agencies which 
will provide extensive reach when necessary.   
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consideration of comments prior 
to their entry into force. This is 
the case for both emergency 
and permanent measures. of adoption of 
emergency measures 
in the SPS area? 
WTO Common Report and 
Dominica Report (Page 7 
para 22 Summary; Page 19 
Table 2.1, on SCM & Export 
Subsidies; Page 143 & 144) 
Traditionally, production for 
export has benefitted from tax 
incentives. All six OECS WTO 
Members have notified the WTO 
Committee on Subsidies and 
Countervailing Measures of their 
Fiscal Incentives Acts as 
providing export subsidies. The 
Fiscal Incentives Acts provide 
relief from customs duty and 
income tax waivers for a certain 
length of time depending on the 
size of the investment and on 
export content. Antigua and 
Barbuda, Grenada and St. Lucia 
have already repealed these 
Acts, the other three OECS WTO 
Members are in the process of 
doing so before the end-2015 
deadline granted by the WTO's 
General Council. Antigua and 
Barbuda, St Lucia, and 
St Vincent and the Grenadines 
(not operational) also provide 
for free zones where enterprises 
are exempt from customs duty 
and other taxes on imports. 3. Can the authorities 
of Dominica give 
precise details as to 
the situation and 
intentions regarding 
the future of the 
various schemes of 
export subsidies that 
are still in force? EU Dominica Export Subsidies still exist in Do minica. Beneficiary manufacturer has 
been informed of the phasing out of such subsidies; proposals are 
currently being reviewed as a plan B. It is Dominica's intention to 
remove all export contingent subs idies by 2015. Please refer to 
Dominica's notification under Art. 27.4 
WTO Common Report (Page 8 
para 25; Page 26 para 2.42) 
"None of the OECS WTO 
Members has functional 
competition policy legislation in 
place." However, the CARICOM 
Competition Commission, 4. The EU would be 
interested get more 
detailed information 
about the structure 
and organisation of 
the CARICOM 
Competition EU OECS 
Secretariat The CARICOM Competition Commission  was established under Article 
171 of the Revised Treaty of Chaguaramas; and was inaugurated on 
January 18, 2008. It is headquar tered at Hendrikstraat # 69 in 
Paramaribo, Suriname. 
A seven-member team of part-time Commissioners took the Oath of 
Office on the said date of inau guration: Kusha Haraksingh PhD as 
Chairman; Mr. Patterson Cheltenham Q. C; Trevor Farrell PhD; Mr. Hans  
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inaugurated in January 2008 
and headquartered in 
Suriname, is in charge of 
competition issues and 
enforcement at CARICOM level. 
Additionally, the OECS countries 
have agreed to establish an 
Eastern Caribbean Competition 
Authority by 2015." 
"Competition laws should be 
harmonised... The Eastern 
Caribbean Competition 
Authority is expected to be 
established by 2015." Commission, its staff 
and resources. Lim A Po; Maureen Paul PhD; Barton Scotland PhD and Ambassador A.B. 
Stewart Stephenson. Appointments were made by the Regional Judicial 
and Legal Services Commission, (RJL SC). Commissioners are appointed 
for a term of five years, renewable for a further period of not more than 
five years, as shall be determined by the RJLSC. 
The Commission's recurrent expendit ures are to be met primarily from 
Member States' contributions. Star t-up funding was provided by the 
European Commission un der the Ninth European Development Fund (9th 
EDF). The Commission is headed by an Executive Director, who is 
supported by professional staff comprising persons with legal, 
economics, registry, finance and administrative skills. 
 
The Commission, under the direction of the Commissioners, will: 
 
Receive complaints and requests for investigations 
Open and maintain case files 
Organize and conduct investigations 
Prepare investigative reports 
Represent the Commission in Court 
Follow up cases 
Maintain records 
 
Support staff is provided by the Ministry of Trade and Industry, 
Suriname, under the Protocol of Transfer.  
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 5. The EU would 
appreciate receiving 
a description of the 
activities of the 
CARICOM 
competition 
Commission over the 
last few years and 
the competition cases 
addressed by 
CARICOM 
competition 
Commission so far 
(what type of 
anti-competitive 
behaviours have 
been addressed for 
exam Does the 
Commission have 
powers regarding bid 
rigging in public 
procurement for 
example). EU OECS 
Secretariat In collaboration with the CARICO M Competition Commission Member 
States of the OECS have been en gaged in activities necessary to 
increase the knowledge and understanding of stakeholders about 
competition policy in general and more specifically, prohibited practices 
and enforcement mechanisms wi th a view to designing and 
implementing an appropriate competition policy legal framework for the 
OECS. Please see the following website for more information: 
http://www.caricomcompetitioncommission.com/en/. 
 6. The EU would like 
to know whether the 
CARICOM 
Competition 
Commission can 
address cases that 
have no transnational 
dimension even if 
such cases would in 
the future be in 
theory under the 
competency of the 
OECS competition 
agency to be created. 
How would the two 
agencies cooperate 
on cases of 
transnational 
dimension if any? EU OECS 
Secretariat The Commission is vested with certain powers under Article 174 of the 
Revised Treaty of Chaguaramas. Thes e powers allow the Commission to 
monitor, investigate, detect, make determinations and impose penalties 
regarding cross-border transactions of  an anti-competitive nature, and in 
respect of transactions with anti-com petitive cross-border effects within 
the CARICOM Single Market and Economy (CSME).  
The Community Competition law must  be expressed in the national 
competition laws of each OECS Member States. The competition 
legislation in Member States must also: 
 
require national competition authorities to cooperate with the 
Commission in achieving compliance with the rules of competition; and 
give power to the Commission to conduct investigations in their 
jurisdiction if an offence of a cross-border nature is believed to have 
taken place. 
 
Enactment of competition legislation by Member States has been 
facilitated by the development of the CARICOM Model Competition Bill, 
which was approved by the CARICOM Legal Affairs Committee (LAC) in 
October 2003.  
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WTO Common Report (Page 45 
para 3.62) In the Revised 
CARICOM Treaty, government 
procurement is part  of a built-in 
agenda for future negotiations 
aimed at developing disciplines. 
The COTED has nevertheless 
launched an action plan to 
create a central regional 
information coordinating 
agency, and a promotional 
programme has been put in 
place to increase procurement 
of regional goods and services, 
within CARICOM." 7. Can more details 
be given on the 
promotional 
programme to 
enhance regional 
procurement within 
CARICOM and the 
role that OECS 
regional procurement 
may play following 
the adoption of the 
revised Treaty of 
Basseterre in this 
regard taking due 
note of the 
Secretariat report's 
acknowledgement 
that one of the 
difficulties of the 
OECS economies is 
their small scale. EU OECS 
Secretariat Between February and May 2014, CA RICOM undertook a Consultancy to 
assess the needs of Member States  with regard to Government 
Procurement capacity and infrastructure  as well as to design High-Level 
IT Infrastructure, Inst ruments and Data Management Platform for a 
Government Procurement Market in the CSME. 
During the assessment, the consultants identified OECS Pharmaceutical 
Procurement Services e-Tendering Syst em as having a similar focus to 
the CSME-wide IT platform and data management system on 
government procurement. 
It is envisioned that this projec t can deliver some of the desired 
functionality of a CSME-wide solution. 
On the wider front, the OECS is al so seeking to integrate quality 
management into all of its govern ment procurement systems, through 
its regional Total Quality Management  Programme. Additionally, under its 
Electronic Government for Regional  Integration Project (EGRIP), the 
OECS is focusing on harmonizin g and improving key e-government 
systems, primarily for electron ic government procurement. 
Dominica Government Report 
(Page 34 para 1.53 and page 48 
para 6.4)  8. Will foreign 
investors who acquire 
such citizenship be 
treated like nationals, 
including in sectors 
and areas which are 
not open to foreign 
investors? EU Dominica Yes. Foreign investors who acquire such citizenship will be treated like 
nationals, including sectors and areas which are not open to foreign 
investors. A citizen is a citizen once he or she has met the qualifying 
conditions.  
 9. Can an investor 
who invests 
according to the 
requirements of the 
program still be 
denied citizenship? If 
so, what would be 
the criteria to deny 
citizenship? EU Dominica Yes, a Minister may depr ive an applicant of his citizenship: (i) if he 
makes a false statement or omits in formation requested on any of the 
forms, (ii) is subsequently found to  have provided false or incorrect 
information, or concealed any material  fact; or (iii) he or she may also 
be prosecuted pursuant to the provisions of the Perjury Act.  
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 10. Can citizenship 
be withdrawn and if 
so on which grounds?  EU Dominica Yes, citizenship can be withdrawn if the citizen; (i) has shown himself by 
act or speech to be disloyal or disaffe cted towards Dominica; or (ii) has, 
during any war in which Dominica wa s engaged, unlawfully traded or 
communicated with an enemy or been engaged in or associated with any 
business that was to his knowledge carried on in such manner as to 
assist an enemy in  that war; or (iii) has within five years after being 
naturalised been sentenced in any coun try to imprisonment for a term of 
not less than twelve months; or (iv)  has done any voluntary act which is 
incompatible to his loyalty to Dominica. 
 11. What local 
remedies would be 
available against a 
decision to withdraw 
citizenship?  EU Dominica The local remedies which would be available against a decision to 
withdraw a citizenship are:  (i) application for reside nce; (ii) in the event 
that the individual wishes to work, he or she can apply for work permit; 
or (iii) the individual can request exte nsion of his or her stay in Dominica 
since he or she will be treated as a visitor. 
 12. In case 
citizenship is 
eventually not 
granted, can the 
investor get the 
invested capital 
back? EU Dominica Yes, in the case where citizenship is not granted, the investor will be 
reimbursed the invested capital, excl uding the application and processing 
fees. 
WTO Antigua & Barbuda Report 
(Page 76 para 2.14 and 2.15) 
"Antigua and Barbuda passed 
into law the Citizenship by 
Investment Act in 2013. 
However, there appear to be 
discrepancies with other 
initiatives already in place such 
as the Land Use Policy. The 
authorities are in the process of 
rectifying these. Under the 
Citizenship by In vestment Act, 
investors are eligible to apply 
for Antigua and Barbuda 
citizenship if they invest 
EC$1,080,000 in real estate, or 
make an EC$675,000 
contribution to the National 
Development Fund. If the 
investment is in an approved 
business, the minimum 
investment is EC$4 million for  13. Will foreign 
investors who acquire 
such citizenship be 
treated like nationals, 
including in sectors 
and areas which are 
not open to foreign 
investors? EU Antigua & 
Barbuda YES, Antigua and Barbuda wishes to inform that foreign investors who 
acquire citizenship under the CIP will also enjoy the same treatment as 
nationals, and as nationals will also have access to sectors that are not 
open to foreign investors. Please no te that questions 14, 15, and 16 are 
still unable to be answered at this time as the new administration is still 
revamping the operationalization of th e CIP. However, please note that 
answers to these questions will be available during the presentation of 
the upcoming annual Budge t Speech for the fiscal year 2015; the annual 
Budget Speech will be delivered on or before December 15, 2014.   
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individuals or EC$13.5 million 
for two or more persons, with 
each minimum contribution 
being EC$1,080,000. 
Applications for citizenship must 
be made through an agent and 
carry a fee of EC$13,500." 14. Can an investor 
who invests 
according to the 
requirements of the 
program still be 
denied citizenship?  EU Antigua & 
Barbuda Antigua and Barbuda is presently in tr ansition given that there is a new 
administration that was sworn in or inducted on June 13, 2014. As a 
result, these are still early days of the new administration; all trade 
policies are presently under review and this includes the Citizenship by 
Investment Program. Wi th that said, Questions 13, 14, 15 and 16 from 
the European Union pertaining to th e Citizenship by Investment Program 
are unable to be answered an y further at this time.  
 15. What local 
remedies would be 
available against a 
decision to withdraw 
citizenship?  EU Antigua & 
Barbuda Antigua and Barbuda is presently in tr ansition given that there is a new 
administration that was sworn in or inducted on June 13, 2014. As a 
result, these are still early days of the new administration; all trade 
policies are presently under review and this includes the Citizenship by 
Investment Program. Wi th that said, Questions 13, 14, 15 and 16 from 
the European Union pertaining to th e Citizenship by Investment Program 
are unable to be answered an y further at this time.  
 16. Can citizenship 
be withdrawn and if 
so in which grounds?  EU Antigua & 
Barbuda Antigua and Barbuda is presently in tr ansition given that there is a new 
administration that was sworn in or inducted on June 13, 2014. As a 
result, these are still early days of the new administration; all trade 
policies are presently under review and this includes the Citizenship by 
Investment Program. Wi th that said, Questions 13, 14, 15 and 16 from 
the European Union pertaining to th e Citizenship by Investment Program 
are unable to be answered an y further at this time.  
WTO Antigua & Barbuda Report 
(Page 96 para 4.3) 
In 2010, the authorities 
initiated the backyard garden 
programme, whereby 
households are encouraged to 
utilize their gardens for 
vegetable production. The 
Government envisages that this 
would reduce the food import 
bill by a considerable amount. 
According to the authorities, 
2,000 households have 
registered under this initiative. " 17. Is there an 
assessment of the 
impact of these 
initiatives on the food 
import bill of Antigua 
and Barbuda? EU Antigua & 
Barbuda Yes, assessments on the impact of these initiatives on the food import 
bill of Antigua and Barbuda are continuously conducted.   
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WTO Antigua & Barbuda Report 
(Page 102 para 4.51 and 4.52) 
In its GATS schedule, Antigua 
and Barbuda has made 
commercial presence 
commitments for the 
construction of hotels and 
resorts and the management of 
hotels, subject to the provisions 
of the Hotel Proprietors Act. 
There are no limitations on 
foreign investment in hotels; 
however, under the Antigua and 
Barbuda Investment Authority 
Act, one director must reside in 
the country. The Minister of 
Tourism, Culture, Civil Aviation 
and the Environment is 
responsible for formulating and 
implementing tourism policy. 
The tourism sector is of vital 
importance to the economy. 
The sector contributes (directly 
and indirectly) about 70% of 
GDP and is the main driver of 
economic growth, the largest 
recipient of foreign investment, 
and the most significant foreign 
exchange earner." 18. EU notes that 
GATS schedule CPC 
641 Antigua and 
Barbuda scheduled 
only reference to the 
national law. 
Could Antigua and 
Barbuda detail the 
regime for the 
establishment in the 
tourism sector 
beyond the 
description made by 
the WTO Secretariat?  EU Antigua & 
Barbuda Unfortunately, the new administration is still not in a position to indicate 
further elaboration for the establishm ent of the tourism sector beyond 
the description made by the WTO Secret ariat. However, please note that 
further elaboration is expected to be made during the presentation of the 
upcoming annual Budget Speech for the fiscal year 2015; the annual 
Budget Speech will be delivered on or before December 15, 2014.   
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WTO Dominica Report 
(Page 156 para 4.56) "The 
Tourism (Regulations and 
Standards) Act (No. 19, 2005) 
provides for the establishment 
of a Quality Assurance Unit to 
develop and monitor standards 
for the tourist industry, and a 
licensing committee to assess 
applications for tourism 
services. 19. Could the 
authorities of 
Dominica provide 
more details as to the 
licensing system 
above mentioned? EU Dominica No person shall offer any tourism service unless a license is issued by 
the Minister of such service. The application for a license to offer a 
tourism service must be made to the Minister through the Licensing 
Committee. Subject to the approval of the Minister, the Licensing 
Committee investigates and processes the applic ation. The Committee: 
(i) receives and review the appl ication for licenses; (ii) make 
recommendations to the Minister on the issuance, or non-issuance of 
licenses based on the report of the Unit; (iii) receive and review 
compliance reports of the Unit; and (iv) make recommendation to the 
Minister in respect to the suspension, revocation or reinstatement of 
license based on the report of the Unit. No license shall be issued by the 
Minister unless the applicant has produced evidence of the payment of a 
prescribed license fee; (i) EC$50 – 1 year; (ii) EC$ 75 – 2 years; and (iii) 
$EC125 – 3 years, and is renewable after such time. A license may be 
revoked if the Minister is satisfied that the license has violated any 
conditions of the license imposed; the license has not maintained or 
applied the relevant standard and ha s not remedied the same within six 
months after being requested to do so; or the license has falsely 
advertised a standard, classification or rating which does not comply to 
the tourism service for which the license was issued. 
WTO Grenada Report (Page 181 
para 2.18 Annex 3)  20. Do foreign 
investors who acquire 
such citizenship be 
treated like nationals, 
including in sectors 
and areas which are 
not open to foreign 
investors? EU Grenada There is only one type of citizens hip in Grenada. Foreign persons, 
whether investors or not, who become citizens of Grenada are treated 
like all other Grenadian citizens, incl uding in sectors and area which are 
not open to foreign investors. 
 21. Can an investor 
who invests 
according to the 
requirements of the 
program still be 
denied citizenship?  EU Grenada An investor who invests according to  the requirements of the program 
can be denied citizenship if the due diligence report from the third party 
investigative company indicates that the person has a significant criminal 
record, or has been denied entry into countries with which Grenada has 
visa-free entry, or if, in the opinion of the government, the person is not 
suitable to become a Grenadian citizen.  
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 22. Can citizenship 
be withdrawn and if 
so on which grounds?  EU Grenada In general, no. However, in the case  of a person who failed to submit 
material information in support of their application for citizenship, where 
such application is requested by the government and relates to the 
criminal background of the person or the person having been refused 
entry into Grenada or a country into  which Grenada has visa-free travel, 
and in those cases where the information provided is later discovered to 
be false or fraudulent, then the gran t of citizenship wi ll be revoked or 
treated as void ab initio , and the person will be so notified. A person in 
this situation has the right of written appeal and the right to judicial 
review of the matter. 
 23. What local 
remedies would be 
available against a 
decision to withdraw 
citizenship?  EU Grenada Before revoking citizenship or pe rmanent residence issued under the 
Citizenship by Inve stment Act, the person must  be notified in writing 
served at the last known address, and such notice must specify the 
grounds on which the government prop oses to revoke the citizenship. 
The person is then given time, not less than thirty (30) days within 
which to present written reasons to the Minister why such revocation 
shall not be made. As a matter of co mmon law, received in Grenada, any 
person receiving such notice, who avails himself or herself of the 
opportunity to present timely written objections, has a right of judicial 
review to determine whether the de cision regarding withdrawal or 
revocation was justified, proper, and legal. 
 24. In case 
citizenship is 
eventually not 
granted, can the 
investor get the 
invested capital 
back? EU Grenada Yes. The only exception would be a person who submitted materially 
false and fraudulent information on an application, or who failed to 
supply the material information that  is demanded about that person's 
criminal background or visa denial background (a person is required to 
disclose visa refusals to any count ry to which Grenada has visa free 
entry): In the case of such fraud ulent behaviour, the amount of 
investment could be forfe ited, and the person would have the right of 
judicial review as stated in the answer to question 13.In the normal 
case, if the citizenship is not granted, then the applicant/investor's 
investment money will be returned to the applicant/investor by the Local 
Agent who is holding those funds pend ing completion of the process and, 
if the funds are being held in the National Transformation Fund, by the 
government. In the case of a Sectio n 11 (or Section 11A) investment, 
where the funds are used as an investment in a particular project, then 
the return of the funds to the investor are governed by the investment 
documents signed by the investor at the time when the investment was 
made, and any amendments made after that time by the private project. 
In other words, a Section 11 (or 11A) investment is a commercial 
investment in a private project, and the return of capital is determined 
by the law of contract and the laws regarding securities transactions. The 
government is not generally involved in this process. It is usually the 
case for such Section 11 (or Section 11A ) projects that all, or part of, the  
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funds to be invested are held in escrow by a Local Agent, pending the 
granting of citizenship. In such cases, the invested capital would be 
returned to the investor if citizenship is eventually not granted. 
WTO St. Kitts & Nevis Report 
(Page 242 para 2.27) 
"St. Kitts and Nevis has notified 
the Fiscal Incentives Act No. 17 
of 1974, Cap. 20.14 to the 
Committee on Subsidies and 
Countervailing Measures (SCM), 
and has committed to dismantle 
all export subsid ies provided by 
the Act by end 2015 (see 
section 3.2.2). St. Kitts and 
Nevis has also supported a 
request by a number of small 
developing Members of the 
WTO for an extension until 2018 
for the provision of export 
subsidies". 25. Can the 
authorities of St Kitts 
and Nevis clarify its 
intentions regarding 
export subsidies? EU St. Kitts & Nevis St. Kitts and Nevis do not have expo rt subsidies. St. Kitts and Nevis 
notified the WTO about Subsidies and Countervailing Measures (SCM) in 
June 2012  
WTO St. Kitts & Nevis Report 
(Page 241 para 2.23)  
"Section 3 of the Citizenship Act 
of 1984 grants the right of 
citizenship (without voting 
rights) by investment. This is 
the legal basis for St. Kitts and 
Nevis's Citizenship by 
Investment Programme. The 
Citizenship by In vestment Unit 
in the Office of the Prime 
Minister is in charge of 
managing the programme 
through appointed authorized 
persons, who must be 
approached by the applicant. 
Applicants must provide 
comprehensive personal 
information; a full medical 
certificate; and evidence of the 
source of funds. " 26. The EU welcomes 
an explanation as to 
why a full medical 
certificate is needed 
in order for foreign 
investors to access 
the programme. EU St. Kitts & Nevis This is part of the due diligence pr ocess to ensure that persons granted 
the citizenship do not have a medical condition or medical conditions that 
is burdensome to the local health services. This procedure is applied in a 
non-discriminatory manner.  
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WTO St. Kits & Nevis (Page 241 
para 2.24) "St. Kitts and Nevis 
has not signed any bilateral 
investment agreements. It has 
double taxation agreements 
with Denmark, Norway, 
Sweden, the United Kingdom, 
and the United States". 
Section 2.3 does not give much 
detail about the investment 
protection guarantees that exist 
in the domestic legislation. 27. The EU would like 
to have more 
information about the 
investment protection 
guarantees existing 
in the domestic 
legislation of St Kitts 
and Nevis. EU St. Kitts & Nevis Please see the Federation of Saint Kitts and Nevis Constitutional Order of 
1983; Chapter 2, Section 8. Please be more specific if this response is 
not adequate. 
WTO St. Vincent & the 
Grenadines (Page 360 
Para 3.41) 
"During the review period, 
St. Vincent and the Grenadines 
maintained the export subsidy 
provisions of its Fiscal 
Incentives Act40,  and provided 
regular notifications to the 
Committee on Subsidies and 
Countervailing Measures. 
Accordingly, enterprises 
producing exclusively for export 
(enclave enterprises) remained 
eligible for exemption from 
import duties and certain taxes 
for up to 15 years. In addition, 
companies that had exhausted 
their tax holiday period 
(granted on the basis of export, 
local value added or investment 
size) may still qualify for 
income tax relief calculated as 
an increasing function of their 
profits and the share of exports 
in their total sales. During 
2007-13, fiscal incentives were 
granted to 25 companies, of 
which 9 were first-time 
beneficiaries. St. Vincent and 
the Grenadines should phase 28. Can the 
authorities of St 
Vincent and the 
Grenadines confirm 
that an amendment 
of the Companies Act 
is to be made in 
order to reduce the 
current export 
incentives that are 
available to 
manufacturing 
enterprises? EU St. Vincent & 
the Grenadines As is the practice in legislative amending all affected legislation will be 
addressed/reviewed and revised to ensure that the export contingency in 
the law is completely removed.  
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out export subsidies by 
31 December 2015. 44 
According to the authorities, an 
amendment to the Fiscal 
Incentives Act is  being drafted 
by the Attorney General's 
office; however, a similar 
correction does not seem to be 
envisaged for the Companies 
Act, which provides for reduced 
corporate tax rates on 
manufacturing enterprises' 
profits derived from export 
sales (section 2.3)". 
Grenada Government Report 
(Page 60, para 1.49) 
The Government of Grenada 
has established the Grenada 
Tourism Authority (GTA). The 
enabling law has been passed 
and the new Authority, whose 
mandate is to improve 
Grenada's competitiveness as 
an international tourism 
destination, commenced 
operations in January 2014. " 29. Could the 
government provide 
more details about 
the mandate, the 
objectives and 
ongoing activities of 
the GTA? EU Grenada The GTA was established under ACT No. 42 of 2013 with the 
responsibility of developing the to urism industry of Grenada for the 
purpose of attracting tourists and for matters connected therewith and 
incidental thereto. The GTA is resp onsible for implemen ting Government 
policies and providing tech nical support to enterprises. It is responsible 
for tourism education and awaren ess, product development and 
enhancement of initiatives as well as  working with relevant entities to 
create an enabling environment fo r investment in the industry. The 
GTA's ongoing activities include: Commercialization of attractions, 
aggressively sourcing funds from external agencies, Greater synergies 
in-house, Craft enhancement and busi ness support project to improve 
quality and variety of merchandizing. 
WTO Common Report (Page 25, 
para 2.36) The Secretariat 
report states that CARICOM 
member states "have sought to 
implement a common external 
tariff (CET), though a phased 
process. However, as of 
March 2014 tariff schedules 
across countries still differed 
considerably, due partly to the 
exceptions allowed and partly to 
mechanisms permitting the 
non-application of the CET 
under certain circumstances." 1. In seeking to 
conform to the CET, 
are any CARICOM 
Members breaking 
their WTO tariff 
bindings? USA OECS 
Secretariat Yes. Grenada  has a number of tariff lines that are above the bound rate. 
In the case of Saint Lucia  in three instances in Chapter 93 – Arms and 
Ammunition - of the Common External Tariff (CET) the bound rate of 
50% ad. val. was inadvertently exceeded when the prescribed tariff rates 
of 70% in the CET were adopted. This anomaly was only recently 
discovered during the Trade Policy Review conducted the WTO 
Secretariat. This information is pres ently only in Annex 5 of the OECS 
TPR.  
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 2. Please explain 
where information 
about tariffs that 
differ from the CET 
can be accessed 
publically. USA OECS 
Secretariat Grenada 
Information about tariffs is availabl e on the Grenada Customs website. 
(http://www.grenadacustoms.com/).  These may be found in the 
Annexes to the CET: A, C and D. Copies may be obtained through the 
Government Printers. A copy of the CET was lodged with the WTO. In a 
few instances where suspensions have been granted by the COTED 
under article 83 of the RTC these would be covereb by statutory 
Instruments in the respective member states. 
 
Dominica 
Tariffs can be found on  the customs website. 
 3. Please describe the 
process for getting an 
exemption from the 
CET, as well as the 
mechanisms that 
permit the non-
application of the CET 
under certain 
circumstances. USA OECS 
Secretariat Done in accordance with Article 83 of the Revised Treaty of Chagaramus, 
normally referred to as the CARICOM Treaty. Application is made to the 
COTED who is authorized to decline or approve such applications. 
Further the Secretary General has dele gated authority under Article 83.3 
of the same treaty. However the SG's decisions must be ratified by the 
COTED at the next meeting. 
 4. Are there plans in 
place to advance the 
work of fully 
implementing the 
CET?  USA OECS 
Secretariat We do not have a definite date when  this task will be undertaken. The 
CET has been fully implemented. However there are plans for a full 
revision, which is what is requ ired to bring tariffs in line.  
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WTO Common Report (Page 39, 
para 3.22) The Secretariat 
notes that "All of the 
OECS-WTO Members have 
import prohibitions and 
licensing in place. The 
authorities stated that 
prohibitions are for health, 
safety, and security concerns. 
Import licensin g requirements 
for certain products are also in 
place for the same reasons." 
Further, in 3.26 (page 39), the 
Secretariat indicates that "The 
authorities in OECS countries 
state that most licenses, other 
than those imposed for health 
and safety reasons, are granted 
automatically, and in many 
cases are applied for and 
received at the time of 
importation. Non-automatic 
licenses are used in every OECS 
country, except Dominica; the 
coverage varies by country, but 
generally includes agricultural 
and agri-business goods, as 
well as goods where there are 
safety concerns." 5. With regard to 
non-automatic 
licensing 
requirements 
imposed due to 
health or safety 
reasons on 
agricultural and agri-
business goods, 
please explain this 
policy in light of 
Article 1.2 of the 
Import Licensing 
Procedures 
Agreement and the 
Agreement on the 
Application of 
Sanitary and 
Phytosanitary 
Measures, including 
Article 5 which states 
that Members shall 
base their SPS 
measures on an 
assessment of risk 
and in doing so shall 
take into account 
scientific evidence? USA OECS 
Secretariat All rules governing Sanitary and Phytosanitary Measures predates Saint 
Lucia  becoming a member of the WTO. Efforts are being made the 
revise all of our laws relating to SPS and to become WTO compatible as 
far as possible. However, it must be noted that Saint Lucia does not have 
the laboratories at its disposal to do  the necessary checks , nor is it in a 
position to afford them. Given the fragi lity and size of our eco-structures 
it is necessary to maintain a cautionary approach. 
WTO Common Report (Page 41 
para 34) The Secretariat states 
that "None of the OECS-
WTO Members notified any 
measures to the WTO SPS 
Committee during the review 
period. Furthermore, there are 
no formal procedures in place to 
notify trading partners of SPS 
measures or any changes to the 
SPS regime." 6. What efforts are 
being made in each 
OECS State to put 
procedures in place 
to ensure consistency 
with the transparency 
provisions of the SPS 
Agreement? USA All OECS 
Member States Grenada  has notified its SPS Enquiry point to the WTO as provided for 
under the SPS Agreement. Grenada has established a National 
Agricultural Health and Food Safe ty Committee to coordinate SPS 
activities. There has been very little change to the SPS regime since our 
first review in 2001. However with th e updating of our SPS laws it will 
become necessary to maintain records and issue updates in keeping with 
transparency provisions in the SPS Agreement. Serious efforts are being 
made in this direction and a bill that  will improve our SPS regulations is 
with the legal drafters.  
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WTO Common Report (Page 46, 
para 3.66) The Secretariat 
states that "IPR legislation 
across OECS-WTO Members 
contains provisions with respect 
to infringement of rights. 
Penalties include prison terms, 
fines, and seizures of goods." 7. In light of this 
statement, how can 
this be reconciled 
with individual 
Member states who 
assert that IP 
enforcement is a 
private matter? USA OECS 
Secretariat, 
OECS Member 
States Based on criminal procedure, there is  really nothing to reconcile. In 
criminal matters there must be a virtual complainant, who is usually the 
victim/ person who is injured by the action of the defendant/the 
accused. This is the case even though the matter is brought by the 
Commissioner of Police (summary ma tters) or the Director of Public 
Prosecution (indictable matters). Without a complaint by the virtual 
complainant (except in case of murder & manslaughter) the 
police/prosecuter will be unable to pros ecute criminal matt ers. Further, If 
the police takes no initiative to prosecute a matter, the complainant can 
also initiate the criminal proceedings (private criminal matter). 
In respect to IP matters, the virtual complainant is the rights holder 
whose rights have beeen infringed by the infringer (defendant/ the 
accused), The rights holder will have to lodge the usual complaint with 
the police so that the police/prosecutor can initiate crininal proceedings. 
The rights holder/virtual complainant as in most criminal matters must 
be present in court to give the necessary evidence. These offences ar 
now cross-border in that there is now organised crime in IP. 
 
Under the constitution, all persons have a right to protect his/or her 
property by use of the criminal or ci vil procedure. IPR is property like 
any other and there is no justifiable reason why the criminal route 
should not be available for owners/holders of IPR. 
OECS Joint Report (Page 22 
para 5.9) 
The OECS report notes that the 
accession by St. Kitts & Nevis to 
the Brazil-Guyana Partial Scope 
Agreement (PSA) in May 2012 
may allow an increase in 
exports over the next 10 years 
and that the trade agreement 
can lead to more sustainable 
employment, in particular for 
women.  8. Can the OECS 
Members explain 
what type of jobs this 
Agreement is 
expected to 
generate?  USA St. Kitts & Nevis Employment will be expanded in the manufacturing sector as well as in 
support services in areas such as shipping, transportation, packaging, 
freight services – ai r and sea and including Courier services. 
OECS Joint Report (Page 22 
para 5.10 & 5.14)  
We note that the Cariforum-EU 
Economic Partnership 
Agreement (EPA) was signed on 
15 October 2008, but the 
implementation of the 
Agreement in the OECS has 
occurred at a slow rate due to  9. Please describe the 
EPA services market 
access commitments 
that have been 
implemented by 
OECS so far and the 
trade effects that 
have resulted. USA All OECS 
Member States The schedule date for EPA Services  Market Access implementation for 
OECS has not yet arrived. Work is ongoing in Grenada in implementing 
the Services Chapter Agreement. No  significant trade effects have 
resulted thus far. 
Nonetheless, there has been some advancement in the discussions in the 
MRAs for the Architects and the ot her professions should start soon. 
  
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resource and capacity 
constraints at the national level 
and a focus on recovery 
measures in light of the global 
and financial crisis.  There is not 
much discussion in that report 
regarding the status of the 
implementation of the 
Agreement's services 
commitments, other than 
common priorities among OECS 
members for the Development 
of Policy Framework for Market 
Access and National Treatment 
for Trade in Services and 
Identification of Market 
Opportunities for Trade in 
Services. In the case of St. Vincent and the Grenadines conducted a Legal analysis 
to determine the compliance with the implementation of the EPA. This 
formation was disseminated to the stakeholders and the Ministry is 
presently working with the Attorney  General's Office to amend the 
necessary legislation. 
 
The Cultural Protocol facilitates acce ss into the EU by Caribbean artists 
and other cultural practitioners in order that they might be able to 
collaborate on projects with Europe an Counterparts. Efforts are being 
made to implement the Cultural Protocol to facilitate exchanges of 
cultural activities. 
 10. Has the Policy 
Framework for 
Market Access and 
National Treatment 
for Trade in Services 
identified any 
common services 
priorities for OECS 
members? If so, what 
are they? What 
support has OECS 
received from the EU 
with respect to those 
priorities? USA OECS 
Secretariat Yes. The following common services have been identified: Professional 
Services, Health and Wellness, Ente rtainment and Creative Industries, 
ICT, Financial Services, Tourism and Education.  
WTO Common Report Report 
(Page 8, para 27) The report 
states that, "None of the OECS 
WTO Members are parties to 
the WTO Agreement on 
Government Procurement." 11. Does Antigua & 
Barbuda have any 
plans for acceding to 
the WTO Agreement 
on Government 
Procurement? USA Antigua & 
Barbuda Antigua and Barbuda has no intention to become party to the WTO 
Agreement on Government Procurement. This Agreement is a plurilateral 
agreement, and not a multilateral one. In addition, this agreement is not 
part of the single undertaking pa ckage for which Antigua and Barbuda 
signed on when it became both a signatory member state of the WTO 
Marrakesh Agreement and when Antigua and Barbuda became a binding 
member state of the WTO on January 1st, 1995 by ratification.  
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WTO Antigua & Barbuda Report 
(Page 92, para 3.77) The report 
states that, "During the period 
under review, Antigua and 
Barbuda introduced new 
legislation on government 
procurement. The Government 
passed the new Procurement 
Administration Act in 2011. 
However, as at February 2014, 
the new Act had not yet entered 
into force."  12. When does the 
government plan to 
enter the new Act 
into force? USA Antigua & 
Barbuda It is anticipated that Antigua and Barbuda will  have the new Act enforced 
on or before December 31st, 2015. 
WTO Antigua & Barbuda Report 
(Page 94, para 3.91) The 
Secretariat's Report notes that 
the Copyright Act of 2003, 
which entered into force in 
2006, covers "sound recordings, 
film broadcasts, or cable 
recordings." Please explain 
more about the operation of 
section 83 of the Antigua & 
Barbuda Copyright Act of 2003, 
which creates a compulsory 
licensing regime that authorizes 
the unaltered, simultaneous 
re-transmission of television 
programming without the need 
to obtain a license from the 
copyright owner, subject to 
providing the copyright owner 
with equitable remuneration 13. Is this 
compulsory license 
also being applied to 
pay television 
programming? USA Antigua & 
Barbuda Antigua and Barbuda is unable at this time to provide a response to this 
question since all trade policies are under review. However, it is 
anticipated that a specific response to this question will be provided at 
the end of thirty days (30) followi ng the conclusion of following the 
conclusion of the Trade Policy Review exercise on Antigua and Barbuda.   
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 14. Could Antigua & 
Barbuda please 
provide further 
details on the 
operation of this 
Section 83 
compulsory license, 
including the means 
and manner in which 
such remuneration is 
collected and 
distributed to foreign 
(and domestic) 
copyright owners 
who own the content 
in their television 
programming (both 
broadcast 
programming as well 
as any pay television 
channels, as 
applicable)?  USA Antigua & 
Barbuda Antigua and Barbuda wishes to inform  that this question is a policy 
based question which is given the transition to a new administration, 
Antigua and Barbuda is not in a position  to answer this question at this 
time since the licensing regime in this jurisdiction is under review. As a 
result, it is anticipated that a better  response to this question will be 
provided at the end of thirty days (30) following the conclusion of the 
Trade Policy Review exercise on Antigua and Barbuda.  
 15. Further to 
paragraph 3.91, 
could Antigua and 
Barbuda further 
explain what is 
considered a 
"typographical 
arrangements of 
published editions" 
that is discussed in 
this same 
paragraph? Why are 
they treated 
differently than other 
copyrights and 
protected for a period 
of only 25 years? USA Antigua & 
Barbuda Antigua and Barbuda wishes to emphasize that typographical 
arrangements of published editions are defined similarly throughout the 
world in the different copyrigh t jurisdictions. Typographical 
arrangements are layouts of published editions of literary, dramatic, and 
musical works. These work s entail a right in how the words and pictures 
are arranged on the page, the typeface  used etc. In other words, if the 
right holder of a published work deci des to have said work published and 
present that work with certain specified aesthetics, in accordance with 
the law of any jurisdiction, that right holder has a right in the 
arrangement and the said aesthetics are protected as unique works. 
Accordingly, the reason why typogr aphical arrangements are treated 
differently in the jurisdiction of Anti gua and Barbuda is because it is the 
right contained in the arrangement of the work and not the original work 
in itself. Furthermore, the right ho lders of typographical arrangements 
are usually the publisher and not the author of the work itself.  
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 16. Could you further 
explain the role and 
duties of the 
Copyright Tribunal? USA Antigua & 
Barbuda The role and duties of the Copyright Tribunal are vast and is best set out 
in the full detail in section 104 of the Copyright Act of 2003 in the 
jurisdiction of Antigua and Barbuda.  Under section 104, this section 
provides a detailed overview of the functions of the Tribunal as well as 
the role and duties of this said Trib unal. In addition, Parts VII and VIII of 
the said Copyright Act of 2003 also gives details and examines the 
relationship between the tribunal, licensing scheme and right holders 
who wish to make use of the work. These parts of the Copyright Act of 
2003 have numerous provisions and are located in the said Act from 
Articles 87 to 106.  
 
Despite all the above, unfortunately, the said tribunal to date has never 
been activated beyond its literary provision or inclusion in the Copyright 
Act of 2003; however, this is not to suggest that the activation of the 
said Tribunal cannot be accomplished within the jurisdiction of Antigua 
and Barbuda. Also, the necessary su pporting regulations for the proper 
institutional functioning of the Copyright Tribunal have never been 
assented to by the Ministers responsible for intellectual property that is 
required by the Copyright Act of 20 03. Currently, a draft bill is being 
revised by personnel from WIPO usin g the expertise within the OECS 
Commission and the most recent propos al from this collaboration is to 
have the functions of this said Tribunal in the jurisdiction of Antigua and 
Barbuda be vested in the hands of the High Court as is the case with 
other jurisdictions of OECS member states. 
Antigua & Barbuda Government 
Report (Page 31 para 1.31) 
Antigua and Barbuda state that 
"[l]icenses for five agricultural 
products are regulated on a 
seasonal basis in Antigua and 
Barbuda, depending on supply 
and sufficient to satisfy 
domestic demand and needs." 17. Please explain 
which agricultural 
products, by HTS 
number, are 
restricted on a 
seasonal basis and 
the methodology 
used to determine 
whether supply and 
sufficiency satisfy 
domestic demand is 
calculated. USA Antigua & 
Barbuda Licenses are required on a season al basis for imports of certain 
agricultural products such as onio ns and cabbages when the domestic 
market in Antigua and Barbuda is gl utted. In addition, special import 
restrictions apply to other agricult ural products such as mangoes from 
countries with mango seed weevil or fruit flies for which these specific 
import restrictions are based on envi ronmental, health, public concerns 
such as safety, and food security reasons as justified under GATT 
Article XX. There is no methodology used to determine whether supply 
and sufficiency satisfy domestic demand.  
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 18. How do Antigua 
and Barbuda justify 
the use of import 
licenses in light of the 
Import Licensing 
Procedures 
Agreement including 
with respect to Article 
1.2 of the 
Agreement? USA Antigua & 
Barbuda At the outset, Antigua and Barbuda ma intains an import licensing regime 
that comprises of both an automatic and non-automatic licensing. First, 
the automatic import licensing re gime in Antigua and Barbuda is 
maintained as a trade monitoring device (See Article 2 of the WTO 
Import Licensing Agreement). A second reason  is that the automatic 
licensing side of the overall import licensing regime in this country is 
maintained for data-collection reason s. A third reason for the existence 
of the import licensing regime in  Antigua and Barbuda is based on 
environmental, health, public concerns such as safety, and food security 
reasons as justified under GATT Article XX. It is for the reasons outlined 
above that in spite of Article 1.2 of the WTO Import Licensing Procedures 
Agreement, Antigua and Barbuda maintains its overall import licensing 
regime. 
 19. Please explain 
this policy in light of 
Article 4.2 of the 
Agreement on 
Agriculture and 
Article III:4 of the 
GATT 1994. USA Antigua & 
Barbuda The reasons and justifications for Antigua and Barbuda maintaining its 
overall import licensing regime have already been addressed in detail in 
responses 7 and 8 above. 
Antigua & Barbuda Government 
Report (Page 31-32, para 1.35-
1.36) 
The Government's report states 
that Antigua and Barbuda has 
not notified any state-trading 
enterprises to the WTO. Yet the 
Central Marketing Corporation 
(CMC) "is mandated to provide 
a market for locally grown 
produce, secure markets for 
them, and ensure that prices of 
basic food commodities remain 
stable."  20. Please explain 
why Antigua and 
Barbuda has not 
notified this entity to 
the WTO, particularly 
given the elements in 
the definition of 
"state-trading 
enterprise" (STE) in 
the Understanding on 
the Interpretation of 
Article XVII of the 
General Agreements 
on Tariffs and Trade 
1994, which contains 
three fundamental 
elements to identify a 
STE: 
(1) governmental or 
non-governmental 
enterprise, (2) the 
granting to the 
enterprise of  USA Antigua & 
Barbuda Antigua and Barbuda wishes to inform  that unfortunately this is an 
oversight and wishes to assure that no tification of this STE will be done 
prior to the 4th WTO trade policy review exercise on Antigua and 
Barbuda.  
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 exclusive or special 
rights or privileges, 
and (3) a resulting 
influence, through 
the enterprise's 
purchases or sales, 
on the level or 
direction of imports 
or exports.    
Antigua & Barbuda Government 
Report (Page 32, para 1.41) 
The Government's report states 
that the national laws of 
Antigua and Barbuda have not 
been amended to incorporate 
the WTO agreements.  21. With regard to 
anti-dumping and 
countervailing duties, 
please provide an 
update as to when 
such amendments 
are anticipated and 
when they will be 
notified to the 
applicable WTO 
committees for 
review. USA Antigua & 
Barbuda Antigua and Barbuda intends to satisf y all national and constitutional 
requirements to ensure that there is a national Anti-dumping and 
countervailing legislation in plac e before the 4th WTO Trade Policy 
Review of Antigua and Barbuda. 
Antigua & Barbuda Government 
Report (Page 33, para 1.48) 
States that "[i]ntellectual 
property rights in Antigua and 
Barbuda are treated as private 
rights and therefore the matter 
of enforcement lies with the 
private right holder." 22. Does this mean 
that there are no 
criminal procedures 
for wilful trademark 
counterfeiting and 
copyright piracy on a 
commercial scale in 
Antigua and Barbuda, 
as required by TRIPs 
Article 61? USA Antigua & 
Barbuda Antigua and Barbuda wishes to inform  that this jurisdiction is in 
compliance with TRIPS Article 61; as a result, there are criminal 
procedures in this jurisdiction fo r wilful trademark counterfeiting and 
copyright piracy. 
WTO Common Report (Page 8, 
para 27) The Secretariat's 
report states that, "None of the 
OECS-WTO Members are parties 
to the WTO Agreement on 
Government Procurement."  23. Does Dominica 
have any plans for 
acceding to the WTO 
Agreement on 
Government 
Procurement? USA Dominica Due to the fact that the Agreement is not yet implemented in Dominica 
(expected date of implementation November 2014), Dominica is not in a 
position to comment at this moment.  
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WTO Common Report (Page 43, 
para 3.48) The Secretariat 
reports that "[e]xporters may 
receive export promotion 
support from the OECS Export 
Development Unit", and uses 
Dominica Export and Import 
Agency support of agricultural 
exports as an example. 24. Please explain 
how OECS Export 
Development Unit 
and individual 
investment-
promotion agencies 
of OECS countries 
were reported in the 
Committee on 
Agriculture 
Questionnaire on 
Export Competition 
issues on February 2, 
2014. USA Dominica In the case of Dominica, DEXIA provides, only, technical support and 
inputs (seedlings) to its clients.  
WTO Common Report (Page 43, 
para 3.55) The Secretariat's 
report states that, in 2001, 
Dominica notified to the WTO 
the Dominica Import Export 
Agency as a state-trading 
enterprise.  25. Please indicate 
when Dominica will 
update its 
notification. USA Dominica Dominica remains committed to complying to its notification obligations 
and is doing its best to comply, thou gh faced with capacity constraints. 
WTO Dominica Report 
(Page 146, para 3.84) The 
Secretariat's Report notes that 
the Dominican Copyright Act 
No. 5 of 2003, which entered 
into force on 15 November 
2003, covers , inter alia , "sound 
recordings, films, broadcasts, 
and cable programmes." 
Section 88 et seq of Dominica's 
Copyright Act describes various 
licenses involving including 
cases involving the "performing, 
playing or showing the work in 
public" and "broadcasting the 
work or including it in a cable 
programme service."  26. We are curious to 
know more about the 
operation of this 
license (as well as 
any other related 
licenses) with respect 
to two areas: (1) the 
collection and 
distribution of 
remunerations 
collected for the 
public performance of 
music; and (2) the 
collection and 
distribution of 
remunerations for the 
broadcasting and 
cablecasting of both 
domestic and foreign 
television 
programming.  USA Dominica ECCO with its headquarters in Cast ries St. Lucia is responsible for 
licensing broadcasters and cable op erators for the music contained in 
their programmes. ECCO has licensed  SAT Telecoms cable operations 
two years now at an interim rate. Its standard rate is 1.625% of 
revenue. MArpin2k4 Ltd,  the other cable operator has been sued by 
ECCO for copyright infringement. They  admit liability and the parties are 
to go to a court mandated mediation to determine the quantum of 
damages and other fees th at MARPIN2k4 will pay.  
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27. Further, we note 
that the law provides 
general copyright 
protection for 
broadcasts and pay 
television 
programming, but 
Section 8(3) of the 
Act specifically 
excludes from 
protection cable 
programs 
incorporated in a 
cable program 
service by reception 
and immediate 
retransmission of a 
broadcast. We would 
appreciate further 
information regarding 
this exclusion.  USA Dominica The law in Dominica in part 10 states that where any provision in the law 
is incompatible or different from th e relevant section in any treaty 
dealing copyright and related rights to which Dominica is a party the 
conditions set out in the treaty shall prevail. Article 11 of the Berne 
convention states:  " (1) Authors of literary and artistic works shall 
enjoy the exclusive right of authorizing: 
(i) the broadcasting of their wo rks or the communication thereof 
to the public by any other means of wireless diffusion of signs, 
sounds or images; 
(ii) any communication to the public by wire or by rebroadcasting 
of the broadcast of the work, when this communication is made 
by an organization other than the original one;"  ECCO has thus 
been licensing cable operators on the understanding that the rights of 
the creators it represents including US authors and composers are 
properly protected from transmission  by cable(wire) under the law of 
Dominica 
WTO Dominica Report (Page 
146, para 3.84 and Table 3.7)  28. Could Dominica 
explain what 
constitutes 
"typographical 
arrangements of 
published editions"? 
In addition, please 
explain why they are 
only protected for a 
period of 25 years. USA Dominica "Typographical arrangements of pu blished editions" means a published 
edition of a whole or any part of one or more literary, dramatic, or 
musical works. Copyrights do no t subsist in the typographical 
arrangement of a published edition, if or to the extent that, it reproduces 
the typographical arrangemen t of a previous edition. 
WTO Dominica Report 
(Page 148, para 3.95) The 
Secretariat's report states that 
in Dominica, "Customs 
authorities are not authorized to 
seize goods that infringe marks 
to prevent them from entering 
the country, except in the case 
of copyright, at the request of 
the right holder…." 29. Could Dominica 
please explain why 
trademarks are not 
accorded the same 
protections as 
copyrights with 
regard to border 
enforcement? 
Further, are there 
any plans to change 
the current system? USA Dominica Dominica's trademarks law have been enacted in 1999, however 
enforced in 2008. It is subject to review for possible amendment, in 
order to be TRIPS -plus compliant. There is no known reason why 
trademarks are not given the same treatment as copyrights with regards 
to boarder enforcement.  
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WTO Common Report (Page 8, 
para 27) The report states that, 
"None of the OECS WTO 
Members are parties to the 
WTO Agreement on 
Government Procurement."  30. Does Grenada 
have any plans for 
acceding to the WTO 
Agreement on 
Government 
Procurement?  USA Grenada Grenada is developing a new Procurement Framework and a new draft 
Government Procurement Legislat ion will be submitted for the 
consideration of Parliament by the end of 2014. The contemplation is 
that the new Framework will provide for a National Procurement 
Authority. No date is set as to when  Grenada will become a party to the 
WTO Agreement on Government Procurement. 
WTO Grenada Report 
(Pages 178, 202) There appears 
to be a discrepancy in the 
reporting of the Copyright Act 
of 2011. Table 2.1 on page 178 
does not note the passage of 
the Copyright Act of 2011, as 
indicated on page 202, 
paragraph 3.100. 31. Could Grenada 
confirm which 
information is 
correct? Was the 
Copyright Act of 2011 
passed, and is it 
current law? USA Grenada The Copyright Act, 2011 of Gren ada is the current law governing 
Copyright issues effe ctive 26th April 2012 by virtue of: The 
Commencement order made  by Statutory Rules and Order (SRO) 15 of 
2012. (It states that the Act shall come into force on the 26th April 
2012). It was gazetted thereafter on May 4, 2012. 
WTO Grenada Report 
(Pages 184-185, paras 3.7-3.8) 
The report notes Grenada's 
customs valuation is still based 
on the Brussel's Definition of 
Valuation, rather than the WTO 
Customs Valuation Agreement, 
and Grenada maintains a 
reference price database with 
minimum import prices for 
certain goods. 32. Could Grenada 
detail its plans and 
timeline for coming 
into compliance with 
its WTO obligations 
to implement the 
Customs Valuation 
Agreement, including 
its notification 
obligations? USA Grenada The Government of Grenada is taking steps to implement the WTO 
Customs Valuation Agreement. In 2012, the WTO Secretariat conducted 
a workshop in Grenada on the WTO Customs Valuation Agreement. 
Further technical assistance is needed to put the necessary mechanisms 
in place to facilitate a smooth tr ansition from the current system of 
valuation to the WTO Customs Valuation Agreement.  
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WTO Grenada Report 
(Page 200, para 3.80) The 
Secretariat's report states that 
"[t]he Marketin g and National 
Importing Board (MNIB) is a 
state-trading entity established 
to import, procure, export, 
wholesale and retail some 
agricultural products. The MNIB 
is the sole importer of 'specified 
imports', as identified by an 
Order issued by the Minister in 
charge of trade and finance; 
these products may include 
foodstuff, building materials, 
and agricultural equipment. The 
MNIB has discretion to grant 
licenses for the import or 
exports of these products." 33. With the 
exception of the 
Grenada Cocoa 
Association, please 
explain why Grenada 
has not notified any 
of these entities to 
the WTO, particularly 
given the elements in 
the definition of 
"state-trading 
enterprise" (STE) in 
the Understanding on 
the Interpretation of 
Article XVII of the 
General Agreements 
on Tariffs and Trade 
1994, which contains 
three fundamental 
elements to identify a 
STE: 
(1) governmental or 
non-governmental 
enterprise, including 
market boards, (2) 
the granting to the 
enterprise of 
exclusive or special 
rights or privileges, 
and (3) a resulting 
influence, through 
the enterprise's 
purchases or sales, 
on the level or 
direction of imports 
or exports. USA Grenada Grenada notes the comments, and wishes to indicate that steps will be 
taken to notify the WTO by December 2014. 
WTO Grenada Report 
(Page 200, para 3.82) 
"Grenada's traditional exports 
(bananas, cocoa, nutmeg, and 
minor spices) are marketed by 
commodity boards, including: 
the Grenada Banana      
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Co-operative Society (GBCS); 
the Grenada Cocoa Association; 
and the Grenada Co-operative 
Nutmeg Association (GCNA). 
The Grenada Minor Spices Co-
operative Marketing Society 
Limited has the exclusive right 
to export cloves, cinnamon, 
pimento and all other spices 
except nutmeg and mace. The 
Grenada Cooperative Nutmeg 
Association (GCNA) is the sole 
authorized exporter of nutmeg. 
The GBCS is the sole authorized 
purchaser of bananas for export 
to countries outside the 
Caribbean area; since 1995, it 
has sold its produce to the 
Windward Islands Banana 
Development and Exporting 
Company Limited (WIBDECO), 
which markets it in the United 
Kingdom."  
WTO Grenada Report 
(Page 202-203, para 3.103) 
The Secretariat's report states 
that in Grenada, "[a]s regards 
enforcement, the authorities 
have stated that because IPRs 
are private rights, 'the burden is 
on the right holder to enforce 
such rights." 34. Please provide 
further details on the 
status of the 
notification of this 
legislation, including 
whether any 
additional steps need 
to be taken to 
implement its 
provisions in 
Grenada. USA Grenada Grenada is in compliance with Articl e 61 of TRIPS. In this regard see 
section 27 (3) of the Trademarks Act No. 1 of 2012 which states "Any 
person who knowingly performs an act which constitutes an infringement 
as defined in subsec tion (10, or an unlawful act as defined in section 20, 
commits an offence, and is liable to a fine of $10,000 or to imprisonment 
for a term not exceeding five years, or to both". Section 43 (1) of the 
Copyright Act No. 21 of 2011 stat es: "A person who commits an 
infringement of a right protected under this Act fo r profit-making 
purposes, knowing or having reason to  believe that he is committing an 
infringement, commits an offence, and is liable, on summary conviction, 
to a fine not exceeding fifty thousand  dollars and to imprisonment not  
    exceeding five years. (20 The amount of the fine shall be fixed by the 
magistrate, taking into particular account the defendant's profits 
attributable to the infringement." (3) The magistrate shall have the 
authority to increase up to double the penalty specified in subsection (1), 
where the defendant has been convicted for a new act of infringement 
within five years of previous conviction for an infringement.  
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WTO Grenada Report 
(Page 202, para 3.94) The 
Secretariat's Report indicates 
that Grenada "adopted new 
legislation on copyright" in 
2011, but that "this legislation 
has not been notified to the 
WTO, although the new 
legislation aims at implementing 
the provisions of the TRIPS 
Agreement and making 
Grenada's IPR laws WTO-
consistent." 35. Could Grenada 
explain how it 
reconciles this 
statement with its 
obligation under 
TRIPS Article 61 to 
provide for criminal 
procedures and 
penalties for wilful 
trademark 
counterfeiting and 
copyright piracy on a 
commercial scale. USA Grenada Grenada is compliant with Article 61 of  TRIPS. In this regard see section 
27 (3) of the Trademarks Act No. 1 of 2012 which states "Any person 
who knowingly performs an act which constitutes an infringement as 
defined in subsection (10, or an un lawful act as defined in section 20, 
commits an offence, and is liable to a fine of $10,000 or to imprisonment 
for a term not exceeding five years, or to both". Section 43 (1) of the 
Copyright Act No. 21 of 2011 stat es: "A person who commits an 
infringement of a right protected under this Act fo r profit-making 
purposes, knowing or having reason to  believe that he is committing an 
infringement, commits an offence, and is liable, on summary conviction, 
to a fine not exceeding fifty thousa nd dollars and to imprisonment not 
exceeding five years. (20 The amount of the fine shall be fixed by the 
magistrate, taking into particular account the defendant's profits 
attributable to the infringement." (3) The magistrate shall have the 
authority to increase up to double the penalty specified in subsection (1), 
where the defendant has been convicted for a new act of infringement 
within five years of previous conviction for an infringement. 
Grenada Government Report 
(Page 61, para1.52) 
The Government report notes 
that the Grenadian economy 
depended on investment in the 
traditional industries, but the 
traditional economic industries 
along cannot provide a 
sufficient numb er of jobs, 
increase capital income in order 
to achieve the Millennium 
Development Goals (MDGs).  36. Please describe 
the MDGs. USA Grenada To eradicate extreme poverty and hung er. To achieve universal primary 
education. To promote gender equali ty and empower women. To reduce 
child mortality. To improve matern al health. To combat HIV/AIDS, 
malaria, and other diseases. To ensure environmental sustainability. To 
develop a global partne rship for development. 
Grenada Government Report 
(Page 64, para 4.4) 
The Report indicates that a 
draft bill on geographical 
indications will go before 
Parliament in 2014.  37. What is the 
status of this bill?  USA Grenada The draft Geographical Indications Bill with its regulations are presently 
being reviewed by CARICOM.  
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 38. Please indicate 
whether the bill 
addresses the 
relationship between 
geographical 
indications and 
trademarks. In other 
words, does the bill 
contain specific 
provisions which 
provide for the 
refusal of 
registration/protectio
n of a geographical 
indication based on a 
likelihood of 
confusion with an 
earlier 
registered/protected 
trademark?  USA Grenada The Bill does not contain any specif ic provision that provides for the 
refusal of registration of a GI based on a likelihood of confusion with an 
earlier registered Trademark. Howe ver, Section 19 which speaks to 
"Exceptions regarding prior use" may be  relevant. It stat es as follows:19 
(20 states "Where a trade mark has been applied for or registered in 
good faith, or where rights to a tr ade mark have been acquired through 
use in good faith either before the date  of entering into force of this Act; 
or before the Geographical Indication is protected in its country of origin, 
this Act shall not prejudice the registrability of or the validity of the 
registration of a trademark, or the ri ght to use a trademark, on the basis 
that such a trademark is identical with, or similar to a Geographical 
Indication". 19 (4) states, "Any re quest for relief under the Act in 
connection with the use or regist ration of a trademark must be 
presented within five years after the adverse use of the protected 
indication has become generally known in Grenada or after the date of 
registration of the trade make in Gr enada provided that the trade mark 
has been published by that date, if su ch date is earlier then the date on 
which the adverse use became generally known in Grenada and provided 
that the geographical indication is no t used or registered in bad faith." 
WTO Common Report (Page 8, 
para 27) The report states that, 
"None of the OECS WTO 
Members are parties to the 
WTO Agreement on 
Government Procurement."  39. Does Saint Kitts 
& Nevis have any 
plans for acceding to 
the WTO Agreement 
on Government 
Procurement?  USA St. Kitts & Nevis The Legislation has been passed and the regulations for effecting the 
practice is being develo ped. Application of the Agreement will be fully 
applied by December 2014. 
WTO St. Kitts & Nevis Report 
(Page 265, paras 3.119 – 
3.120) 
The Secretariat's report states 
that St. Kitts and Nevis has not 
notified any state-trading 
enterprises to the WTO. Yet, 
paragraph 3.120 indicates that 
the Supply Office has an import 
monopoly on wheat, rice, and 
evaporated milk. 40. Please explain 
why St. Kitts and 
Nevis has not notified 
this entity to the 
WTO, particularly 
given the elements in 
the definition of 
"state-trading 
enterprise" (STE) in 
the Understanding on 
the Interpretation of 
Article XVII of the 
General Agreements 
on Tariffs and Trade 
1994, which contains 
three fundamental 
elements to identify USA St. Kitts & Nevis The Supply Office was closed in January 2013. There are no State 
Trading Enterprises in St. Kits and Nevis. Details are provided in the 
reports (Country, OECS and WT O Secretariat's reports).   
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a STE : 
(1) governmental or 
non-governmental 
enterprise, (2) the 
granting to the 
enterprise of 
exclusive or special 
rights or privileges, 
and (3) a resulting 
influence, through 
the enterprise's 
purchases or sales, 
on the level or 
direction of imports 
or exports. 
WTO St. Kitts & Nevis Report 
(Page 266, para 3.133) 
The Secretariat's Report states 
that copyright legislation was 
updated in 2000 to make it 
more compatible with the TRIPS 
Agreement. The Report goes on 
to state that St. Kitts & Nevis 
authorities have noted that the 
enabling regulations as they 
relate to copyright law are 
non-existent.  41. Please provide 
the status of the 
existing copyright law 
in St. Kitts & Nevis, 
and whether there 
are any plans to 
further amend it. 
Also, please provide 
a status update 
regarding the 
development of 
implementing 
regulations, including 
the identification of 
the provisions of the 
2000 copyright law 
that require such 
implementing 
regulations. USA St. Kitts & Nevis Presently working on a comprehensive review of legislation with a 
Consultant as well as WIPO. In so doing we are considering the 
following: 
• EPA obligations - WIPO Copyright Treaty 1996; WIPO Performances 
and Phonogram Treaty (WPPT) : Rome Convention for the Protection of 
Performers, Producers and Phonograph  and Broadcasting Organizations 
• WIPO Internet Treaty 
• WIPO Performers and Phonograms Treaty 1996 
• Beijing Treaty on Audi o Visual Performances 2012 
• Marrakesh Treaty to Facilitate Ac cess to Published Works for Persons 
who are Blind, Visually impaired or otherwise Print Disabled 
• Management of CMO 
• Customs/Border Protection Measures 
During the 2nd half of 2014 with technical assistance the regulations will 
be drafted and will become availabl e for public comment before year 
end. 
Under the present Act, regulations are requires to deal with; 
• Powers of the Magistrate 
• Powers of Police 
• Right of Appeal 
• Libraries and Archives 
• Customs 
• Compulsory Licensing  
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 42. Please describe 
more about the 
operation of section 
83 of the St. Kitts 
and Nevis Copyright 
Act of 2000, which 
creates a compulsory 
licensing regime that 
authorizes the 
unaltered, 
simultaneous re-
transmission of 
television 
programming without 
the need to obtain a 
license from the 
copyright owner, 
subject to providing 
the copyright owner 
with equitable 
remuneration. USA St. Kitts & Nevis The lack of enabling regulations an d the establishment of a Copyright 
Tribunal have affected on the operat ion and application of Section 83 of 
the present Copyright Act, Cap 18:08. Extensive review of this provision 
is presently ongoing.  
 43. Please provide 
further details about 
this Section 83 
compulsory license, 
including the means 
and manner in which 
such remuneration is 
collected and 
distributed to foreign 
(and domestic) 
copyright owners 
who own the content 
in their pay television 
programming (both 
broadcast 
programming as well 
as any pay television 
channels, as 
applicable) USA St. Kitts & Nevis The lack of enabling regulations an d the establishment of a Copyright 
Tribunal have affected on the operat ion and application of Section 83 of 
the present Copyright Act, Cap 18:08. Extensive review of this provision 
is presently ongoing.   
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 44. Is the compulsory 
license also being 
applied to pay 
television 
programming? USA St. Kitts & Nevis The lack of enabling regulations an d the establishment of a Copyright 
Tribunal have affected on the operat ion and application of Section 83 of 
the present Copyright Act, Cap 18:08. Extensive review of this provision 
is presently ongoing.  
 45. Please explain 
whether any 
revisions to Section 
83 of the St. Kitts & 
Nevis Copyright Act 
are contemplated in 
the new draft 
legislation. If so, 
please describe such 
revisions.  USA St. Kitts & Nevis Comprehensive revision of the Co pyright Act is being undertaken. 
Revision of Section 83 is being cont emplated. The extent and format of 
such revision is still under cons ideration. A task force has been 
established by the Minister of Justice and Legal Affairs with responsibility 
for Intellectual Property. This task force is charged with the responsibility 
to address the issues raised by sa id Section. Extensive research is 
presently being undertaken and advises from legal experts in the field is 
being sought to ensure compliance with international obligations.  
WTO St. Kits & Nevis Report 
(Page 266, paragraph. 3.134) 
The Secretariat's Report 
indicates that St. Kitts and 
Nevis is undertaking a 
comprehensive review of all its 
intellectual property legislation 
to ensure compliance with all its 
obligations under various 
treaties, conventions, and 
agreements.  46. Please advise if 
these legislative texts 
are available to the 
public.  USA St. Kitts & Nevis Draft legislative texts are not ye t available for public review 
47. In addition, 
please provide 
further details on the 
status of this 
legislation, including 
the process and 
estimated dates 
regarding their 
potential final 
passage and 
implementation.  USA St. Kitts & Nevis At present we have completed the dr aft Patent Act and regulations as 
well as draft trademark regulations. 
The Draft Patent Act and regulati ons were forwarded to WIPO for 
comment. Once the comments have been received and considered the 
final draft will be made prepared an d thereafter made available to the 
public for comment. 
 The Trademark Act and draft regulations are being reviewed by a 
consultant and should be available for public comment before end of 
2014. 
 With respect to the Copyright, we envisage that the revision of the Act 
will be completed within the fourth quarter of 2014. 
The Government of St. Kitts and Ne vis places seminal importance on 
Intellectual Property Issues, and is taking steps in ensuring that our 
legislative framework is in place. Consequently, the drafting of IP 
legislation is now being given priority. With technical assistance from 
CARICOM/COMMONWEALTH SECRETARIAT and WIPO we hope to 
complete the revision and thereafter implementation of the Copyright, 
the Patent, the Trademark, by end of 2014 and New Plant Variety and 
Geographical Indications among others in 2015. 
St. Kitts and Nevis urgently require technical assistance to deal with our 
legislative framework. There is a dearth of IP knowledge in our 
jurisdiction. Without the much needed assistance we will be unable to 
meet our target and achieve our goal of getting our legislative 
framework in place within a reasonable time.  
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WTO St. Kitts & Nevis Report 
(Page 268, para 3.143)  48. Could Saint Kitts 
& Nevis provide more 
specific information 
on the licensing 
contained in the 
Copyright Act, as 
referenced in this 
paragraph? USA St. Kitts & Nevis Part V11 of the Copyright Act deal s with Copyright Licenses. The Act 
gives recognition to lice nsing bodies (Societies  & Organisations) as 
defined in Section 89(1). These Li censing Bodies are societies and 
organisations whose main object is the negotiation and granting of 
copyright licenses under some licensing scheme. 
The schemes may include licenses for the copying, performance, playing, 
showing in public, broadcasting and including in cable programme 
service of literary, dramatic, musical and artistic works, films or sound 
tracks or sound recordings. 
Section 87 gives specific jurisdiction to the High Court to determine the 
following issues: 
• disputes between the Licensing bodi es and persons requiring a license 
or their representatives in terms of the Licensing Body's failure to grant 
a license within a reasonable time of application; refusal to grant a 
license on unreasonable grounds; or where the terms and conditions of 
the license offered is unreasonable. 
• Fix the amount of equitable remuneration/compensation where there is 
no agreement between the copyright owner and user as to the amount 
of compensation payable in respec t of use of work or performance. 
• Grant consent on behalf of pe rformer where the identity or 
whereabouts of the performer cannot be ascertained after reasonable 
enquiry or where the performer unrea sonably withholds his/her consent. 
WTO Common Report (Page 8, 
para 27) The report states that, 
"None of the OECS WTO 
Members are parties to the 
WTO Agreement on 
Government Procurement."  49. Does St. Lucia 
have any plans for 
acceding to the WTO 
Agreement on 
Government 
Procurement?  USA St. Lucia Not at this time 
WTO St. Lucia Report 
(Page 299, para 1.9) The report 
states that "St. Lucia's 
merchandise trade statistics for 
the review period present a 
number of gaps and 
inaccuracies, which undermine 
their trustworthiness."  50. Does the 
government have a 
plan to improve data 
quality?  USA St. Lucia Yes ST. Lucia has embarked on plans to improve the quality of available 
data. The Customs & Excise and the St atistics Departments are currently 
collaborating on an exercise to ensure data consistency and integrity  
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WTO St. Lucia Report 
(Page 314, para 3.23) The 
Secretariat report s that "[t]he 
granting of import licenses for 
poultry (eight tariff lines) and 
pork (six tariff lines) remain 
subject to domestic purchase 
requirements of 25% and 40% 
of the imported quantity, 
respectively…" 51. What is the 
government's 
rationale for its 
domestic purchase 
requirements for 
poultry, pork and 
pork products and, in 
light of the WTO 
Import Licensing 
Procedures 
Agreement, how does 
the government 
justify the use of 
import licenses with 
regard to these 
products? USA St. Lucia Domestic purchase requ irements for poultry and pork are for food 
security reasons. Percentages are based on local capacity. Import 
Licensing Procedures are for purpose of monitoring imports and operate 
on a similar basis as automatic licensing procedures. No license 
application for poultry or pork has be en declined over the last review 
period. 
52. Please explain 
how the quantities 
for domestic 
purchase 
requirements are 
calculated. USA St. Lucia Quantities for domestic purchase are calculated on the basis of individual 
requests to order without reduction in orders. E.G. so meone requesting 
100lbs poultry must purchase or agree to purchase 25% locally. 
Importation Orders are not reduced by the government ministry. This 
however is subject to availability of local supply and when there is partial 
or no supply the measure is reduced propor tionately.  
53. By what means 
does the government 
of St. Lucia ensure 
that import licensing 
procedures are not 
used in a manner 
contrary to the 
principles and 
obligations of Article 
III:4 of GATT 1994 
and Article 4.2 of the 
Agreement on 
Agriculture? USA St. Lucia The implications contained in GATT Article III.4 and Article 4.2 of the 
Agreement on Agriculture does not arise. Firstly the most of the items do 
not attract import duties, and if so the percentage is negligible. There 
are no levies or special charges eith er for import licenses or for any 
other services except fo r customs service charges of 5% on all imports. 
National Treatment is observed in di stribution and in domestic packaging 
and offer for sale of all imported products. The Ministry of Consumer 
Affairs are trained to monitor complaints from the private sector and civil 
society should the need arise.  
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WTO St. Lucia Report 
(Page 317, para 3.37) The 
Secretariat states that Saint 
Lucia "is not a member of the 
World Organisation for Animal 
Health (OIE)." 54. Although St. 
Lucia is not an OIE 
member, as a WTO 
member, St. Lucia is 
within its right to 
align its import 
requirements with 
international 
standards in the 
absence of any risk 
assessment. As such, 
is St. Lucia prepared 
to align its import 
requirements for beef 
and beef products 
with those set by the 
OIE for BSE? USA St. Lucia Saint Lucia accepts that it is within its right to align its import 
requirements with international standa rds. However given the size of our 
fragile ecosystems this ca nnot be done un til reliable laboratory services 
are established on island. The island's import requirements in beef 
cannot substantially distort the US trade in beef and beef products and 
therefore well within de minimus limits. The Ministry of Agriculture is 
giving consideration to membership in  the OIE, but has been inhibited by 
the cost. 
WTO St. Lucia Report 
(Page 318, para 3.40) The 
Secretariat states that Saint 
Lucia prohibits on SPS grounds 
imports of "meat from animals 
treated with hormones" among 
other products. 55. Would Saint Lucia 
kindly provide a copy 
of the risk 
assessment it used in 
taking the decision to 
prohibit meat from 
animals treated with 
hormones? USA St. Lucia Saint Lucia has no rules prohibiting the importation of meat from animals 
treated with hormones. However this matter is currently under review 
with the intention of following international guidelines on the matter. 
WTO St. Lucia Report 
(Page 320, para 3.51) The 
report states that, "The 
authorities intend to replace the 
outdated Fiscal Incentives Act 
of 1974 with a new incentives 
regime, which would make 
incentives conditional on 
performance."  56. When does the 
government estimate 
to replace the Act? USA St. Lucia By not later than December 31, 2015  
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WTO St. Lucia Report 
(Page 322, paras 3.64-65) 57. What plans does 
St. Lucia have to 
introduce 
implementing 
regulations to provide 
20-year protection 
for patents to comply 
with its TRIPS 
obligations? USA St. Lucia The draft patents regulations are currently with the Legislative Drafting 
Unit for implementation. It is hoped that the regulations will come into 
force by year-end. The regulations wi ll provide 20-year protection for 
patents to comply with its TRIPS obligations. 
WTO St. Lucia Report 
(Page 323, Table 3.6) 58. What are 
"computer generated 
works (no human 
author)," as 
referenced in the 
copyright and related 
rights column in 
Table 3.6? USA St. Lucia Computer generated works (no human au thor)" refers to work produced 
by a computer in circumstances when  there is no human author of the 
work 
WTO St. Lucia Report 
(Page 323-24, para 3.66) The 
Secretariat's Report indicates 
that "legislation to implement 
the TRIPS Agreement has been 
introduced for copyright and 
trademarks."  59. Please advise if 
these legislative texts 
are available to the 
public. In addition, 
please provide 
further details on the 
status of this 
legislation, including 
the process and 
estimated dates 
regarding their 
potential final 
passage and 
implementation. USA St. Lucia The Saint Lucia Copyright Act (CAP  13.07) and The Trade Marks Act 
2001, (#22 of 2001) are available to the public through the National 
Printing Corporation, (NPC). Both Acts are in force. 
WTO St. Lucia Report 
(Page 323-324, para 3.66) The 
Secretariat's Report indicates 
that the St. Lucian Copyright 
Act "contains provisions with 
respect to copyright licensing." 
Specifically, Section 79 of the 
Copyright Act of 1995 creates a 
compulsory licensing regime 
that authorizes the unaltered, 
simultaneous re-transmission of 
television programming without  60. Is this 
compulsory license 
also being applied to 
pay television 
programming. USA St. Lucia Not Applicable - No pay television service available in Saint Lucia.   
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the need to obtain a license 
from the copyright owner, 
subject to providing the 
copyright owner with equitable 
remuneration. 61. Please provide 
further details on the 
operation of this 
Section 79 
compulsory license, 
including the means 
and manner in which 
such remuneration is 
collected and 
distributed to foreign 
(and domestic St. 
Lucian) copyright 
owners who own the 
content in their 
television 
programming (both 
broadcast 
programming as well 
as any pay television 
channels, as 
applicable).  USA St. Lucia With regards to musical works contained in programming, royalties are 
collected from the cable service prov ider (LIME) and paid to US and 
other foreign based societies. 
62. Please explain 
whether any 
revisions to Section 
79 of the Copyright 
Act of 1995 are 
contemplated in the 
new draft legislation. 
If so, please describe 
such revisions.  USA St. Lucia A revision of Section 79 has not been contemplated at this time. 
St. Lucia Government Report 
(Page 84, para 6.1) The 
Government of Saint Lucia 
states that the tourism industry 
is one of the main economic 
drivers in Saint Lucia's 
economy. In 2012, there was a 
projected investment in tourism 
development projects. The 
projected employment from 
these ventures was 825 persons 
in full and part time capacities. 63. Please provide 
information as to 
whether this goal was 
reached. USA St. Lucia Given the economic conditions prevai ling, the construction projects did 
not get started. Hence the projected employment was not achieved. The 
projects which took place were ge nerally refurbishment / renovation, 
which generally would not have ge nerated addition al employment.  
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WTO Common Report (Page 8, 
para 27) The report states that, 
"None of the OECS WTO 
Members are parties to the 
WTO Agreement on 
Government Procurement."  64. Does St. Vincent 
& The Grenadines 
have any plans for 
acceding to the WTO 
Agreement on 
Government 
Procurement?  USA St. Vincent & 
the Grenadines St. Vincent & The Grenadines is yet to decide on this matter. 
WTO SVG Report (Page 362 
para 3.49) The Secretariat's 
report states that St. Vincent 
and the Grenadines last 
submitted a notification to the 
WTO on state-trading 
enterprises in 2000.  65. Please explain 
when St. Vincent and 
the Grenadines will 
provide an updated 
notification.  USA St. Vincent & 
the Grenadines SVG cannot at this stage provide a definite date but intends to comply 
with its obligations in providing the WTO with an updated notification. 
WTO SVG Report (Page 365, 
Table 3.4 & para 3.50) 
Table 3.4 of the Secretariat's 
report lists a number of state 
entities that participate in the 
economy and paragraph 3.50 
provides addition al details about 
the state trading activities of 
one entity – the Agricultural 
Input Warehouse, which has a 
monopoly on imports of bulk 
sugar.  66. Please explain 
why St. Vincent and 
the Grenadines has 
not previously 
notified any of these 
entities to the WTO, 
particularly given the 
elements in the 
definition of "state-
trading enterprise" 
(STE) in the 
Understanding on the 
Interpretation of 
Article XVII of the 
General Agreements 
on Tariffs and Trade 
1994, which contains 
three fundamental 
elements to identify a 
STE: 
(1) governmental or 
non-governmental 
enterprise, including 
market boards, (2) 
the granting to the 
enterprise of 
exclusive or special 
rights or privileges, 
and (3) a resulting USA St. Vincent & 
the Grenadines SVG submitted a notification to the WTO on state-trading enterprises in 
2000. Although s definite date cannot be provided at this stage SVG 
intends to comply with its obligations in providing the WTO with an 
updated notification.  
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influence, through 
the enterprise's 
purchases or sales, 
on the level or 
direction of imports 
or exports. 
WTO SVG Report (Page 363, 
Table 3.5)  67. Table 3.5 does 
not contain a row for 
copyright 
registrations. Is this 
an error or were 
there no copyright 
grants for the past 
seven years? USA St. Vincent & 
the Grenadines There is no deposit, grant or registra tion system of copyright. Collective 
societies manage the collection of revenue and payment of royalties on 
behalf of their members. 
WTO SVG Report (Page 364, 
Table 3.6, National IPR 
Legislation, 2013) 
The Secretariat's Report 
indicates that Copyright Act No. 
21 of 2003 (30 November 
2004) extends to, inter alia, 
"sound recordings, films, 
broadcasts or cable 
programmes." Specifically, 
Section 73(6) creates a 
compulsory licensing regime 
that authorizes the unaltered, 
simultaneous re-transmission of 
television programming without 
the need to obtain a license 
from the copyright owner, 
subject to providing the 
copyright owner equitable 
remuneration. 68. Is this 
compulsory license 
also being applied to 
pay television 
programming? USA St. Vincent & 
the Grenadines Section 76(3) refers to literary, dramat ic, musical or artistic work or film 
or sound recording. 
69. Please provide 
further details on the 
operation of this 
Section 73(6) 
compulsory license, 
including the means 
and manner in which 
such remuneration is 
collected and 
distributed to foreign 
(and domestic) 
copyright owners 
who own the content 
in their television 
programming (both 
broadcast 
programming as well 
as any pay television 
channels, as 
applicable). USA St. Vincent & 
the Grenadines SVG is unable to provide details on the operation of Section 73(6) as a 
compulsory license regime as there is  no indication that the Section has 
been used in that regard.   
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WTO Document RD/TPR/38, 
Page 10 (Reply # 46): The 
United States thanks the 
government of St. Kitts & Nevis 
for providing more information 
on the status of its draft 
Copyright Act. St. Kitts 
indicates that draft legislative 
texts are not yet ready for 
public review.  70. Could St. Kitts & 
Nevis please provide 
an estimate as to 
when Members may 
be able review these 
texts?  USA St. Kitts & Nevis The review of the Copyright Act is still ongoing. There have been 
discussions with legal department of the Copyright Division at WIPO and 
to date their comments and advice have not been received despite my 
many enquiries.  The drafting Cons ultant is not expected back until 
August. The process was pushed back for about 6 weeks. At this time St. 
Kitts and Nevis is unable to give any estimate on when the draft text will 
be available for review, since the actual drafting process has not 
commenced. 
WTO Document RD/TPR/38 
Page 10, (Reply # 48): The 
United States thanks the 
government of St. Kitts & Nevis 
for providing more information 
on the status of its draft 
Copyright Act. St. Kitts 
indicates that draft legislative 
texts are not yet ready for 
public review.  71. Could St. Kitts 
and Nevis please 
provide more detailed 
information regarding 
how the existing 
Section 83 
compulsory licensing 
regime will be re-
drafted to be brought 
into compliance with 
Berne Articles 11 and 
11bis and TRIPS 
Article 9.1? USA St. Kitts & Nevis St. Kitts and Nevis is not at this stage able to give any detailed 
information requested in follow up question regarding Section 83. At 
present the I.P legislation is not there yet, but the work program 
developed makes provisions for th e establishment of the Copyright 
Royalty Tribunal with the mechanisms for collection and payment out of 
royalty. 
WTO Document RD/TPR/38, 
Page 13 (Responses 3 and 4) 72. We look forward 
to receiving 
responses to our 
Questions 3 and 4, 
regarding (a) the 
applicability of 
Antigua and 
Barbuda's Section 83 
compulsory license to 
pay television 
programming and (b) 
additional details on 
the operation of the 
Section 83 
compulsory licensing, 
including the means 
and manner by which 
such remuneration is 
collected and 
distributed. USA Antigua & 
Barbuda Response 3:  
No, compulsory licensing is not applic able to the copyright regime in the 
jurisdiction of Antigua and Barbuda. In addition, Antigua and Barbuda is 
not signatory to any copyright treaties  requiring this jurisdiction to do 
the same as such licenses are privat ely administered by a licensing body. 
 
Response 4:  
Article 83 of the Copyright Act of 2003 of Antigua and Barbuda does not 
provide for the application of compulso ry licenses in this jurisdiction. 
Specifically Article 83 of this said Act provides for situations in which a 
license is granted in a work to a br oadcaster, those who rebroadcast the 
said work through provision of a cable programme services do not 
require a license, from the copyright owner in the work, so to do, once 
the said owner fall within the ambit of paragraphs (a), (b), and (c) set 
out within the said section.  
 
Collection and dist ribution is done privately and to this date only one 
functioning licensing body has pr ovided a licensing scheme for the 
collection and distribution of royalties. This organization is the Eastern 
Caribbean Collective Organization for Music Rights (ECCO); this is a  
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private non-profit body which is regi stered here as an external company 
with its headquarters in St. Lucia and as the name indicates only deals 
with rights owned in music and serves  the entire Eastern Caribbean. As a 
result, the manner in which such rights  are administered is by contract 
with the cable providers and/or  the providers of content (the 
broadcasters) for the licen sing of the music used in their programming 
for an annual fee to be paid to maintain their license based on the 
regional copyright tariffs. In order to distribute, the programming is 
monitored and samples are taken an d then upon payment to ECCO 
distribution takes place to its members or to the members of other such 
organizations with whom it has re ciprocal agreements. For ease of 
reference, please s ee www.eccorights.org  
 
Although this applies to the most si tuations and the said providers have, 
to been contacted by ECCO, the Antigua and Barbuda Intellectual 
Property and Copyright Office (ABI PCO), is not aware at what stage 
negotiations are or if such agreements have been concluded to date 
since it is a privately ad ministered right and as a result, such information 
would be available from ECCO  once contacted directly. 
WTO Document RD/TPR/38, 
Page 14 (Response # 6) 73. Could Antigua & 
Barbuda advise us of 
the anticipated date 
for the formal 
establishment of the 
Copyright Tribunal.  USA Antigua & 
Barbuda Based on the response provided in Q6 above, Antigua and Barbuda is 
unable to provide at this time a specific date for the formal 
establishment of the Copyright Tribunal. 
WTO Document RD/TPR/38, 
Page 15 (Response # 12): The 
answer states that Antigua 
complies with TRIPS Article 61 
but then says "there are no 
criminal procedures in this 
jurisdiction for wilful trademark 
counterfeiting and copyright 
piracy."  74. In light of the 
answers provided and 
in accordance with 
TRIPS Article 61, 
could Antigua & 
Barbuda provide 
further clarification as 
to whether there are 
criminal procedures 
available in Antigua & 
Barbuda? 
  USA Antigua & 
Barbuda Please see response to this ques tion in Question 12's response.  
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WTO Document RD/TPR.38, 
Page 60, (Response # 1): Yes. 
Grenada has a number of tariff 
lines that are above the bound 
rate.  In the case of Saint Lucia 
in three instances in Chapter 93 
– Arms and Ammunition - of the 
Common External Tariff (CET) 
the bound rate of 50% ad. val. 
was inadvertently exceeded 
when the prescribed tariff rates 
of 70% in the CET were 
adopted. This anomaly was only 
recently discovered during the 
Trade Policy Review conducted 
the WTO Secretariat. This 
information is presently only in 
Annex 5 of the OECS TPR. 75. Please explain 
what Granada and 
Saint Lucia are doing 
to bring all tariffs 
within WTO bindings. USA Grenada, 
St. Lucia Saint Lucia  is reviewing all its options in this matter which includes 
seeking rectification at the WTO, which will be to increase our bound rate 
to 70% from 50% on Guns and Ammuni tion. We may also consider going 
to the COTED for a reduction in the CET to 50% to satisfy WTO 
procedures. 
Saint Lucia as a peace loving countr y would favour a higher bound rate 
as a deterrent. 
WTO Document RD/TPR/38, 
Page 66, (Response #26): 
ECCO with its headquarters in 
Castries St. Lucia is responsible 
for licensing broadcasters and 
cable operators for the music 
contained in their programmes. 
ECCO has licensed SAT 
Telecoms cable operations two 
years now at an interim rate. 
Its standard rate is 1.625% of 
revenue. MArpin2k4 Ltd, the 
other cable operator has been 
sued by ECCO for copyright 
infringement. They admit 
liability and the parties are to 
go to a court mandated 
mediation to determine the 
quantum of damages and other 
fees that MARPIN2k4 will pay. 78. Is court-ordered 
mediation the 
standard mechanism 
for determining 
damages in a 
copyright litigation?  USA Dominica No, the court-ordered mediation it is  not the standard way of dealing 
with lawsuits. Where the litigants have no great differences and it is 
mostly a matter of determining quan tum of damages or other payments 
the court or one of the litigants - usually the defendant- will suggest 
mediation. If the parties cannot re ach an agreement at the mediation 
sessions (which is done by a sma ll cadre of trained mediators, not 
judges) the matter will proceed to tria l. The purpose of mediation is to 
save the parties money and time and to free up court resources. 
Whatever settlement is reached at mediation has the same effect as a 
judgment at trial, meaning that it is binding on the parties. 
79. Please also 
provide an estimate 
of when the 
referenced dispute 
between ECCO and 
Marpin2k4 will be 
concluded.    It is expected that the dispute between ECCO and Marpin2k4 will be 
concluded within the next 3 months  
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WTO Document RD/TPR/38, 
Page 66 (Response #27): The 
law in Dominica in part 10 
states that where any provision 
in the law is incompatible or 
different from the relevant 
section in any treaty dealing 
copyright and related rights to 
which Dominica is a party the 
conditions set out in the treaty 
shall prevail. Article 11 of the 
Berne convention states: "(1) 
Authors of literary and artistic 
works shall enjoy the exclusive 
right of authorizing. 80. With respect to 
Section 8(3) of 
Dominica's copyright 
law, do you have any 
plans to revise your 
copyright legislation 
such that cable 
programs 
incorporated in a 
cable program 
service by reception 
and immediate 
retransmission of a 
broadcast will be 
explicitly included, or 
otherwise protected 
under copyright law? USA Dominica Yes, it is Governments intention to review the copyright law and make 
whatever amendments necessary to bring us up to date with the 
Agreement. 
WTO Document RD/TPR/38, 
Pages 70 and 71, (Response 
#38): Grenada indicated that 
the draft geographical indication 
(GI) bill does not contain "any 
specific provision that provides 
for the refusal of registration of 
a GI based on a likelihood of 
confusion with an earlier 
registered Trademark." Grenada 
then explained Section 19 of 
the draft which pertains to 
"exceptions regarding prior use" 
which would allow a prior 
registered trademark to remain 
validly registered even where 
an identical or similar GI was 
subsequently registered.  81. In light of TRIPs 
Article 16.1 which 
states that "The 
owner of a registered 
trademark shall have 
the exclusive right to 
prevent all third 
parties not having 
the owner's consent 
from using in the 
course of trade 
identical or similar 
signs for goods or 
services which are 
identical or similar to 
those in respect of 
which the trademark 
is registered where 
such use would result 
in a likelihood of 
confusion." Can 
Grenada clarify how 
TRIPS Article 16.1 is 
implemented with 
respect to situations 
where a trademark is USA Grenada The Bill does not contain any specif ic provision that provides for the 
refusal of registration of a GI based on a likelihood of confusion with an 
earlier registered Trademark. Howe ver, Section 19 which speaks to 
"Exceptions regarding prior use" may be  relevant. It stat es as follows:19 
(20 states, "Where a trade mark has been applied for or  registered in 
good faith, or where rights to a tr ade mark have been acquired through 
use in good faith either before the date  of entering into force of this Act; 
or before the Geographical Indication is protected in its country of origin, 
this Act shall not prejudice the registrability of or the validity of the 
registration of a trademark, or the ri ght to use a trademark, on the basis 
that such a trademark is identical with, or similar to a Geographical 
Indication". 19 (4) states, "Any re quest for relief under the Act in 
connection with the use or regist ration of a trademark must be 
presented within five years after the adverse use of the protected 
indication has become generally known in Grenada or after the date of 
registration of the trade make in Gr enada provided that the trade mark 
has been published by that date, if su ch date is earlier then the date on 
which the adverse use became generally known in Grenada and provided 
that the geographical indication is no t used or registered in bad faith." 
 
Please note that at present Gren ada has a GI bill which is being 
presently revised by CARICOM. There is still room for amendments to be 
made and further consultations had not yet been held on the bill. 
However the Trademark Act of Grenada has a provision reflecting the 
TRIPS Provision.  
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protected in Grenada 
and later protection 
is sought for a GI 
that is likely to cause 
confusion with this 
trademark?  
WTO Document RD/TPR/38, 
Page 73, (Response #51): 
Domestic purchase 
requirements for poultry and 
pork are for food security 
reasons. Percentages are based 
on local capacity. Import 
Licensing Procedures are for 
purpose of monitoring imports 
and operate on a similar basis 
as automatic licensing 
procedures. No license 
application for poultry or pork 
has been declined over the last 
review period. 82. Would the 
Government of Saint 
Lucia approve or 
deny a request for an 
import license of 
chicken (excluding 
chicken backs) or 
pork if it were the 
case that the 
requesting importer 
of chicken or pork 
had not purchased 
the requisite amount 
of domestically 
produced chicken or 
pork? USA St. Lucia There has not been any incident in recent memory where an importer 
has agreed to purchases of chicken or  pork and has not done so by the 
time the consignment arrives. 
This arrangement has worked well from inception despite the various 
comments arising from the TPR. 
WTO Document RD/TPR/38, 
Page 73, (Response # 52): 
Quantities for domestic 
purchase are calculated on the 
basis of individual requests to 
order without reduction in 
orders. E.G. someone 
requesting 100lbs poultry must 
purchase or agree to purchase 
25% locally. Importation Orders 
are not reduced by the 
government ministry. This 
however is subject to 
availability of local supply and 
when there is partial or no 
supply the measure is reduced 
proportionately.  83. Would the 
Government of Saint 
Lucia please outline 
the policy objectives 
for the target share 
of total consumption 
for domestically 
produced chicken 
(excluding chicken 
backs) and pork? 
Mathematically, to 
require that 
importers must 
purchase 25 percent 
of the import volume 
in order to obtain an 
import license results 
in domestic product 
accounting for 20 
percent of total 
chicken consumption. USA St. Lucia Food Security – Food Production Programme 
For many developing countries like St . Lucia, food security and equity 
are two sides of the same coin. Saint Lucia's consumption of poultry 
meat remains one of the highest per capita in the Caribbean. The broiler 
subsector currently acco unts for over 330 direct jobs and in 2011 
generated sales in excess of EC$14 million.  
 
The food production strategy includes  the establishment of a safety net 
for pork and chicken for a population of 174,000. Production targets are 
as follows: 
Pig requirement for the meat processing facility is estimated to be 
equivalent to 32% of calculated pr otein requirement per year, plus 8% 
processing loss = 40%.  
For Chicken, to enable food and nu trition security it is estimated 
producers 25% of calculated protein requirement per year plus 5% 
processing loss = 30%  
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Is 20 percent of total 
chicken consumption 
(excluding backs) the 
policy objective for 
domestically 
produced chicken? 
What is the target 
share of total 
consumption that is 
the policy objective 
for pork? 
WTO Document RD/TPR/38, 
Page 73, (Response #53): The 
implications contained in GATT 
Article III.4 and Article 4.2 of 
the Agreement on Agriculture 
does not arise. Firstly the most 
of the items do not attract 
import duties, and if so the 
percentage is negligible. There 
are no levies or special charges 
either for import licenses or for 
any other services except for 
customs service charges of 5% 
on all imports. National 
Treatment is observed in 
distribution an d in domestic 
packaging and offer for sale of 
all imported products. The 
Ministry of Consumer Affairs are 
trained to monitor complaints 
from the private sector and civil 
society should the need arise. 84. Please explain 
how Saint Lucia 
ensures that import 
licensing procedures 
are not used in a 
manner contrary to 
the principles and 
obligations of Article 
4.2 of the Agreement 
on Agriculture, 
including footnote 1 
which states: "These 
measures include 
quantitative import 
restrictions, variable 
import levies, 
minimum import 
prices, discretionary 
import licensing, non-
tariff measures 
maintained through 
state-trading 
enterprises, 
voluntary export 
restraints, and similar 
boarder measures 
other than ordinary 
customs duties…" USA St. Lucia Saint Lucia does not in part or in whole violate Article 4.2 of the 
Agreement on Agriculture. Customs Se rvice Charge of 5% is not an ODC 
and there are no plans to convert this into a tariff. To do so would 
require the approval of the COTED and an alteration to the Common 
External Tariff, (CET), whic h is not easily obtained.  
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 85. Please explain 
how National 
Treatment obligations 
are met for purchase 
of imported pork and 
poultry.  USA St. Lucia **Saint Lucia extends National Treatm ent on all imports, including pork 
and poultry. The same SPS rules that apply to domestic production also 
applies to the imports of these produc ts. No additional customs duties in 
excess of those in the CET (where applicable) are applied. Where VAT is 
applicable it is applied at the rate of 15% on both domestic product as 
well as imported. Local purchase re quirements for pork and poultry do 
not constitute TRQs. 
WTO Common Report 
WT/TPR/S/299 (Page 23, 
para 2.17)  1. Could the OECS 
indicate how does the 
economic union 
process with 
CARICOM work? Ecuador OECS 
Secretariat The Economic Union came into being with the Revised Treaty of 
Basseterre. All member states of the OECS are signatures to the revised 
treaty as well as the Treaty of Chaguaramas giving rise to CARICOM. 
Article 4.1 (a) of the Revised Treaty of Basseterre states as follows: "to 
promote co-operation among the Member  States and at the regional and 
international levels having due regard to the Revised Treaty of 
Chaguaramas and the Charter of the United Nations…" 
Therefore the OECS is bound to obse rve and respect its obligations to 
CARICOM, while furthering its own aims and objectives within the 
borders of its membership. 
WTO Common Report 
WT/TPR/S/299 (Page 43, 
para 3.53)  2. Could the OECS 
explain to us whether 
the supra-national 
competition agency 
which would be 
created would replace 
the competition 
authority of the 
CARICOM? How 
would the decisions 
taken at a regional 
level stand vis-à-vis 
the sub-regional ones 
at OECS level? Ecuador OECS 
Secretariat No, the OECS Competition Authority will serve as the national 
Competition Authority for the OECS Member States, which will in turn 
The OECS Competition Authority will not replace any of the institutions 
created by CARICOM for the benefit of  the region. In fact, Institutions 
created by the OECS will complement those already in existence and 
reduce duplication of efforts. 
WTO Common Report 
WT/TPR/S/299 (Page 45, 
para 3.63)  3. The CARIFORUM-
EU EPA contains 
public procurement 
conditions that 
require transparency 
and the use of 
agreed international 
standards in all 
government 
procurement above a 
threshold of 
approximately Ecuador OECS 
Secretariat Agreed International Standards refer to the basic rules of best practice 
and in particular when known and hi ghly regarded EU Standards. The 
OECS are not signatories to the WTO plurilateral treaty on Government 
Procurement, but do observe the guidelines where practical.  
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€164,000. Could the 
OECS indicate to 
which international 
standards this is 
referring to? 
WTO Common Report 
WT/TPR/S/299 (Page 39, 
para 3.20) "With the exclusion 
of Antigua and Barbuda, all the 
OECS-WTO members charge an 
excise tax. The tax is applied, 
inter alia, on tobacco products, 
alcoholic beverages, 
automobiles, and petroleum 
products. It is ad valorem or 
specific, and in the latter case 
the amount depends on the 
country and the product". 4. Could the OECS 
explain how this 
amount is calculated 
and how is this 
compatible with the 
MFN and national 
treatment provisions 
of Article 3 of the 
GATT, with respect to 
imported substitutes 
of national products? Ecuador OECS 
Secretariat, 
OECS Member 
States Saint. Lucia  Saint Lucia's Excise Tax is not Country Specific and 
therefore MFN is extended to  all its Trading Partners. 
Dominica  Excise tax is levied on fuel, tobacco, alcohol and motor 
vehicles at various rates in accordance with Excise Tax Act 8 of 2005. 
Taxes apply to both imports and dome stic products. The tax on imported 
motor vehicles it is based on the c.i.f. value, including the import duty. 
All other excise taxes on domestic and imported products are set at 
specific  
rates. Goods subject to excise tax are (i) Alcoholic beverages and 
tobacco; (ii) Fuels; and (iii) Motor Vehicles. These commodities and their 
respective rates, as listed in the Fi rst Schedule of Excise Tax Act 8 of 
2005 
St. Kitts & Nevis  The Excise Tax Act 2010, No. 4 of 2010 is a tax that is 
levied on alcoholic beverages, toba cco products, motorcycles, firearms, 
some alcoholic beverages of HS Heading 2202 and some petroleum 
products. The tax is applicable to both  imported and domestic goods.  It 
is charged on an ad valorem  basis on the sum of the CIF Value of the 
goods plus any other taxes paid. 
 
Please see the link to the Excise Tax Schedule. 
http://skncustoms.com/pdfs/Excise%20Tax%20Act%20No4%20of%202
010.pdf. 
WTO Common Report 
WT/TPR/S/299 5. Ecuador would like 
to have a copy of the 
Law N°7 of 2012 with 
regard to Animal 
Health.  Ecuador OECS 
Secretariat Dominica  Currently, new legislations have been drafted for Animal 
Health in Dominica. The legislations  are expected to be debated in 
Parliament during the year (2014). A copy will be made available when 
all is finalised.  
WTO Common Report 
WT/TPR/S/299 (Page 39, 
para 3.21) 1. Which four 
countries apply an 
environmental levy? 
Can the OECS 
provide more details 
on the application of 
this levy in these four 
countries i.e. product 
coverage across the 
countries and rates of 
the levy. Trinidad & 
Tobago OECS 
Secretariat, 
OECS Member 
States Dominica , An environmental surcharge im posed at specific rates on 
some products and on an ad valorem basis on others as follows:  
Specific  
• EC$3,000.00 per unit on motor vehicles over five years old;  
• EC$10.00 per unit on used tyres;  
• EC$20.00 per unit on used refrigerators;  
• EC$20.00 per unit on used freezers;  
• EC$10.00 per unit on electric accumulators (batteries)  
 
Based on c.i.f. value  
1% on motor vehicles less than fi ve years old; 1.5% on goods in  
  WT/TPR/M/299/Add.1  
 
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Member 
Inquiring OECS 
Respondents Responses 
containers made of plastic, glass, me tal, paperboard or wood; 1% on all 
other goods  
Grenada The information is available on  the Government of Grenada 
website and it can be accessed through the following link. 
http://laws.gov.gd/ 
St. Kitts & Nevis  The Environmental Levy Act 2001, No.10 of 2001 is a 
levy imposed on road motor vehicles only. It is charged on a specific 
basis based on the age of the vehicle. 
 
New vehicles and Used Vehicles 2 year and under attracts a levy of 
$1,000 
  
Used vehicles that are over 2 years and less than 4 years attracts a levy 
of $3,500 
  
Used Vehicles that are 4 years an d older attracts a levy of $5,000 
  
  
See link below to the Environmental Levy Act. 
  
http://skncustoms.cm/pdfs/Statutory_Rules_and_Orders_No12.pdf. 
WTO Common Report 
WT/TPR/S/299 (Page 43, 
para 3.54) 2. All the OECS 
countries apply price 
controls in the form 
of maximum prices 
and maximum mark 
ups to a limited 
number of 
products…. When do 
the OECS-WTO 
Members plan to 
remove these price 
controls? Trinidad & 
Tobago All OECS 
Member States St. Lucia applies price controls on a select list of items including staples. 
This is in an attempt to stem the ri sing cost of essential goods towards 
poverty alleviation. Price Contro ls are applied across the board 
irrespective of origin of goods. Sa int Lucia plans to gradually dismantle 
the regime when the current financial impasse is over and the region 
returns to a stable economic position. 
Dominica  In the case of Dominica, at this moment, there is no 
indication as to when price control on items will be removed. 
Grenada  does not have a timeframe as to when the price control items 
will be removed.  
WTO Common Report 
WT/TPR/G/299 (Page 13, 
para 2.29) SECTION II: MAIN 
ECONOMIC DEVELOPMENTS - 
2.5.2 Agriculture 3. Please specify 
which crops are 
classified as non-
traditional Trinidad & 
Tobago OECS 
Secretariat, 
OECS Member 
States St. Lucia  Any crop other than Bananas, Coconuts/copra, Cocoa, Coffee, 
mangoes and Citrus.  
___________ WT/TPR/M/299/Add.1  
 
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WTO Common Report 
WT/TPR/S/G299 (Page 18, 
para 4.4) SECTION IV: 
REGIONAL INTEGRATION - 4.1 
CARICOM Single Market & 
Economy (CSME) 4. Please elaborate 
on the barriers that 
still exist with respect 
to movement of 
agricultural produce. Trinidad & 
Tobago OECS 
Secretariat, 
OECS Member 
States St. Lucia The only barriers that exist may be found in our SPS 
procedures. A permit is required to import meat and meat products and 
also for the importation of  fruits, plants and planta in material. Imports of 
the genus Musa (banana family) is prohibited. 
WTO Common Report 
WT/TPR/G/299 (Page 27, 
para 6.16) SECTION VI: 
MULTILATERAL TRADING 
SYSTEM – THE WTO - 6.1 Aid 
for Trade 
The Report states "The 
designation of OECS Member 
States as high middle income 
developing countries however 
can make access to many aid 
for trade channels 
challenging….." 5. What criteria were 
used to categorize 
OECS States as high 
middle income 
developing countries 
in this context?  Trinidad & 
Tobago OECS 
Secretariat GDP per Capita. 
WTO Common Report 
WT/TPR/G/299 6. Given that there 
was a contraction in 
GDP due to mainly a 
decline in the tourist 
arrivals from North 
America and Europe 
and that tourism 
accounts directly and 
indirectly for a large 
percentage of GDP, 
are there any 
policies/strategies in 
place presently to 
develop and boost 
export trade in 
targeted sectors in 
the various Member 
States' economies 
since there is also 
declining banana and 
other agricultural 
production in the 
region? Trinidad & 
Tobago OECS 
Secretariat, 
OECS Member 
States Saint Lucia  has long since regarded Trade in Services as an alternative 
to Grade in Goods given the rapidly shrinking markets for our products 
and the various objections raised and upheld at the WTO with regards to 
our banana trade, by our traditional allies. Saint Lucia is reviewing its 
incentives programme to embrace some of the key Service areas 
identified by CARICOM for market de velopment particularly in Modes 3 
and 4.  
Grenada  has a National Export Strategy that was developed in 2007 
with assistance from the Commonwealth Secretariat and the 
International Trade Center ITC. The aim of this strategy is to achieve a 
competitive export sector focused on an optimal mix of high quality 
goods and services for the sustaina ble development of the Grenadian 
economy.  
The Government priority is building the new economy with emphasis on 
five transformational sectors. One of the main focuses from the five 
transformational sectors is on Agribusiness with the aim to increase 
exports into new and existing markets.