WT/TPR/M/320/Add.1  
 
2 June 2016  
(16-2960)  Page: 1/44  
Trade Policy Review Body 
15 and 17 September 2015 Original: English/anglais/inglés  
 
  TRADE POLICY REVIEW 
GUYANA  
MINUTES OF THE MEETING 
Addendum 
Chairperson: H.E. Mr. Atanas Paparizov (Bulgaria) 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by Guyana.1 
 
 
Organe d'examen des politiques commerciales 
15 et 17 septembre 2015 
EXAMEN DES POLITIQUES COMMERCIALES 
GUYANA  
COMPTE RENDU DE LA RÉUNION 
Addendum 
Président: S.E. M. Atanas Paparizov (Bulgarie) 
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 Guyana.1 
 
 
Órgano de Examen de las Políticas Comerciales 
15 y 17 de septiembre de 2015 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
GUYANA  
ACTA DE LA REUNIÓN 
Addendum 
Presidente: Excmo. Sr. Atanas Paparizov (Bulgaria) 
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 
Guyana.1 
                                               
1 In English only/En anglais seulement/En inglés solamente. WT/TPR/M/320/Add.1 
 
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  CONTENTS 
 
COLOMBIA ...................................................................................................................... . 3 
UNITED STATES ............................................................................................................... 6  
CANADA ........................................................................................................................ . 14 
JAPAN ......................................................................................................................... ... 16 
EUROPEAN UNION ......................................................................................................... 17  
BRAZIL ........................................................................................................................... 25  
MEXICO .......................................................................................................................... 27  
CHINA ......................................................................................................................... ... 32 
REPUBLIC OF KOREA ...................................................................................................... 39  
TRINIDAD AND TOBAGO ................................................................................................ 40  
THAILAND ......................................................................................................................  42 
 
 
 WT/TPR/M/320/Add.1 
 
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  COLOMBIA 
Secretariat Report (WT/TPR/S/320) 
 
1.  ECONOMIC ENVIRONMENT  
1.1  Recent economic developments 
1.5  Development of the trade of goods 1.5.1 Composition of the trade 
 
Paragraph 1.17 and 1.18 of the report of the Secr etariat notes that… "1.17. In terms of nominal 
value, exports increased almost 46% between 20 09 and 2014, reaching 1,147 million USD (table 
A1.1). Guyana has traditionally been a major exporter of commodities such as mineral products, 
sugar and rice. In 2014, the main export products of Guyana were precious stones and metals 
(including gold) (27.2% of exports), followed by vegetable products (21.8%), products of the food 
and drinks industries (21%), and mineral products (12.5%) (figure 1.1). In comparison to 2009, 
the part corresponding to precious stones and meta ls declined considerably, while the share of the 
vegetable products and the products of the food and drinks industries increased."  
"1.18. In 2014 the value of imports amounted to $1,745 million U.S., 49% more than in 2009 
(table A1.2). Although imports of mineral products (mainly petroleum) recorded a substantial increase in the period under review and accounted for 32.9% of imports in 2014 (compared to 27.9% in 2009), its composition has changed very little. Mineral products and manufactured 
products are the main imports. The proportion of imports for machinery and transport material 
experienced a slight decrease from 26.9% in 2009 to  24.6%. The proportion of the food and drinks 
industries products and the vegetable products changed little between 2009 and 2014." 
 
Question: 
 
1. Can Guyana, enlighten us on the effects of the fall of the price of oil on its trade balance? 
 Response: 
 
1. The positive effect on the trade balance, arising from the fall in oil prices, will be somewhat 
tempered by the decline in prices of major exports.  
2. REGIME OF TRADE AND INVESTMENT 
2.3  Trade Agreements and arrangements 2.3.2 Regional and bilateral agreements 
 
Paragraph 2.17 of the report of the Secretariat indicates that ... "CARICOM coordinates the external trade policies of its members with those of third countries. A common external tariff is applied to goods originating from countries that are not members of CARICOM. With regards to 
trade, CARICOM negotiates with third countries on behalf of its members as a whole. Each 
member State of CARICOM can negotiate individually bilateral agreements with a third country, but prior to their finalization must submit a noti fication to the CARICOM Secretariat. In the event 
that these bilateral agreements involve tariff concessions, it is necessary to obtain the prior 
approval of the Council for Economic and Trad e Development (COTED) before continuing the 
negotiations." 
 
Question: 
 2.  Can Guyana indicate to what extent the Common External Tariff of the CARICOM States is 
applied, as well as its structure and if there are any exceptions and the reasons for the exceptions? 
 WT/TPR/M/320/Add.1 
 
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  Response: 
 
2. Guyana grants at least MFN treatment to all its trading partners, and applies the CARICOM Common External Tariff (CET) on imports from no n-CARICOM members with exceptions. Under the 
CET there is a tariff ceiling of 20% for non-exempt industrial goods and 40% for non-exempt 
agricultural goods. Exceptions to the CET are includ ed in List A (items in respect of which member 
states wish to encourage national production) and List C (items for which minimum rates have 
been agreed, but can be increased up to the CET levels by members).  
 Question: 
 
3.  Can Guyana indicate what bilateral agr eements are being negotiated, which have been 
signed and which are in force?  
Response: 
 
3. Through its CARICOM membership, Guyana maintains six preferential trade agreements with 
other trading partners: The Economic Partnership Agreement (EPA) with the European Union (EU), 
as well as the free trade agreements (FTAs) between CARICOM and Colombia, Costa Rica, Cuba, the Dominican Republic, and the Bolivarian Republic of Venezuela. Guyana is not currently engaged in any bilateral trade negotiations. 
 
Question: 
 
4.  Is Guyana in favour of negotiating new trade agreements or deepening existing ones? 
 Response: 
 4. Guyana remains open, as part of CARICOM, to  expand trade relations with third countries.  
 Question: 
 5.  In case of deepening of existing agreements , we understand that Guyana must obtain prior 
approval of the COTED. Are there experiences with this procedure which Guyana can share? 
 
Response: 
 
5. There is no specific experience in this regard. A decision to this effect will be taken by 
CARICOM as a Group.  3  TRADE POLICIES AND PRACTICES, BY MEASURES 
3.1  Measures that directly affect imports 
3.1.1 Customs procedures and requirements  
Paragraph 3.5 of the report of the Secretariat notes that ... "The declaration of trade imports must 
be made in person, by the traders themselves or through the agents they have designated (for example, customs agents), at the headquarters of the Tax Administration of Guyana (GRA) located 
in Georgetown. Sometimes the submission of the customs declaration can be authorised before the 
arrival of the cargo (declaration prior to arrival). Normally, the customs administration takes a day to process the declaration, but in the case of large shipments of multiple articles processing may take up to five days. 
 
During the period under review, the GRA incorporated in its Web site a search service that allows importers to verify the point at which their declarations are being processed. The authorities 
indicate that more than 60% of import declarat ions filed in 2014 were processed and approved 
before the arrival at the port of the goods. The authorities have also pointed out that the main cause of delays in the processing is the presen tation of incomplete import documents and under-
invoicing by importers, detected by the GRA (sec tion 3.1.2). The GRA also publishes on its Web 
site its standard operating procedures in customs matters."  WT/TPR/M/320/Add.1 
 
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  Question: 
 
6.  Can Guyana indicate the requirements for a person to become a customs agent?  
Response: 
 
6. The requirements to become an agent (Customs Broker) are stipulated in the Laws of 
Guyana Chapter 82:01 Section 203.  In order to become a Licensed Customs Broker/Agent an 
individual must undergo the "Licensed Customs Broker" training programme and complete an examination with a minimum pass grade of 75%, fo llowing which the individual will be granted a 
Customs Broker Licence. In order to attend the "Licensed Customs Broker" training programme 
the individual must: (i) Be a citizen of Guyana; (ii) Present a valid Police Clearance Certificate (A 
police report to ensure the individual does not have a criminal record): and (iii) Present an application fee of $10,000.00. 
 
More information on Customs Brokers can be assessed at:  
http://www.gra.gov.gy/customho use-brokers/broker-licence  
 
Question: 
 
7.  In which cases can the customs agent directly and in which cases can the individual carry 
out the procedures of customs clearance?  
Paragraph 3.8 of the report of the Secretariat notes that… "The possibility is being considered of 
establishing a single window system for customs procedures. However, the GRA is facing financial 
constraints in this respect." 
 
Response: 
 7. The Laws of Guyana Chapter 82:01 Section 203, allow the flexibility for any importer or 
exporter to process their consignment without the need of a Licensed Customs Broker. Once the 
customs declaration has been cleared at the Main Office, the broker/authorized individual (importer/exporter) will present the documentation to the border post to get the goods released. 
 
The overall clearance process focuses on tax and duties collection with sufficient effective support is provided to the trading community in order to make Customs decisions more accountable, 
predictable, and transparent. For instance, the st andard operating procedures (SOPs) are publicly 
available on the GRA's website at  http://www.gra.gov.gy/publications/c ustoms-trade-administration-sops  
 
Question: 
 
8.  Can Guyana indicate what foreign trade operations would be involved in this window, which 
entities would participate and if there is the po ssibility of a connection with customs of other 
countries? 
 
Response: 
 8. The concept of the Single Window is to connect various stakeholders involved with the 
licensed and real time customs and trade facilitation operations.   
 The Single Windows project is a Dynamic platform that allows for more than just the sharing of 
information at the domestic level. The Platform will allow for connection or information sharing 
with other customs administration. Initially, the loca l border agencies to be involved will include, 
among others: 1. Guyana Revenue Authority; 2. Ministry of Business; 3. Guyana Geology and 
Mines Commission; 4. Guyana Forestry Commission; 5. Food and Drug Department; 6. Guyana 
National Bureau of Standards; 7. Ministry of Agriculture.  
 WT/TPR/M/320/Add.1 
 
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  UNITED STATES 
Secretariat Report (WT/TPR/S/320) 
 
3  TRADE POLICIES AND PRACTICES BY MEASURE 
3.1  Measures Directly Affecting Imports 
3.1.1 Customs Procedures and Requirements  
Page 24, paragraph 3.10:  The Secretariat's Report states that Guyana is in the process of 
accepting the Trade Facilitation Agreement and has created a National Trade Facilitation 
Committee.    
Question: 
 
Please clarify when Guyana expects to accept th e Protocol and when it expects to submit its 
Category 'A' notifications. 
 Response: 
 Guyana will submit its Instrument of Acceptance  and Category 'A' notification by the end of 
October 2015.  
3.1.5 Internal Taxes and Other Charges Collected at the Border 
3.1.5.1 Internal Taxes  
Question: 
 
Page 30, paragraph 3.34:   
 The Secretariat's Report indicates that "Zero-rated VATs are applied to some locally-produced products but not to their imported equivalents." Please describe this policy in the context of Guyana's obligations under Article 3 of the SCM Agreement. 
 
Response: 
 
This measure has been revised in August 2015 to apply to both the locally-produced and imported 
products.  
Follow-up question: 
 
Please provide a copy of the revised measure.  
Response: 
 
This information has been received and was forwarded to the USA on 23 November 2015. 
 
3.1.7 Contingency Measures  
Page 34, paragraph 3.52:  The Secretariat's Report states that a "possible model anti-dumping law 
is being discussed at the CARICOM level."   
 Question: 
 Please provide an update as to where this process stands and an estimated time for completion.  
Response: 
 
While CARICOM has initiated internal discussions on the subject the matter is not deemed a top 
priority, given the potential high cost of implemen tation. There is no agreed or indicative timeline 
for completion.  WT/TPR/M/320/Add.1 
 
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  3.1.9 Sanitary and Phytosanitary Requirements 
 Page 37, paragraph 3.72:  The Secretariat's Report states that "Guyana does not have any legal 
provisions with respect to genetically modified organisms". 
   
Question: 
 
Please clarify how this relates to Guyana's final draft National Biosafety Framework. 
 Response: 
 
The draft Biosafety/Biotechnology legislation will address GMOs. 
 Follow-up question: 
 Please provide a draft of the biosafety/biotechnolo gy legislation and explain what legal provisions 
are provided for GMOs. 
 
Response: 
 This information has been received and was forwarded to the USA on 4 November 2015. 
 
3.2  Measures Directly Affecting Exports 3.2.4 Export Support and Promotion 
 
Page 38, paragraph 3.81:  The Secretariat's Report mentions a number of export support subsidy 
programs in Guyana.  These programs have not been notified to the WTO's Committee on 
Subsidies and Countervailing Measures, pursuant to Article 25 of the SCM Agreement.   
 Question: 
 
Please indicate when Guyana will make its notification. 
 Response: 
 Guyana will update all outstanding notifications by the end of 2015.  
3.3  Measures Affecting Production and Trade 
3.3.3 State Trading, and State-Owned Enterprises  Page 41, paragraph 3.99:  The Secretariat's Report states that "Guyana has not submitted any 
notifications regarding state trading enterprises within the meaning of Article XVII of the GATT 
1994."According to WTO document G/STR/11 (dated Nov. 12, 2014), Guyana has had this notification obligation since 1995.  Such notification would be made to the Working Party on State 
Trading Enterprises .   
 Question: 
 Please clarify when Guyana expects to make its required notification.  Response: 
 Guyana will update all outstanding notifications by the end of 2015.  
3.3.5 Government Procurement 
 Page 43, paragraph 3.111:   
 Question: 
 Please identify in what instances Guyana provid es preferences to domestic entities/suppliers. 
 WT/TPR/M/320/Add.1 
 
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  Response: 
 
Section 39(6) (b) of Guyana’s Procurement Act provides for a margin of preference not exceeding 10% for tenders submitted by domestic contractors; or for the benefit of tenders for domestically 
produced goods.    
 Page 43, paragraph 3.113 and n.52:   
 Question: 
 In cases where state-owned corporations are subject to domestic procurement laws/regulations 
because they are funded by the Treasury, Please  explain whether these companies are offering 
goods/services for normal commercial purposes.  
Response: 
 
This is not applicable, since state-owned corporat ions in Guyana are not funded by the treasury. 
 
Page 44, paragraph 3.115:   
 Question: 
 Under Guyana's Procurement Act, a margin of pr eference (up to 10%) is granted to domestic 
tenders/suppliers.  According to the Secretariat' s Report, this margin is "rarely" accorded.  
 
Please identify those instances in which it is granted.  Are locally incorporated companies which are subsidiaries of foreign parents eligible for the margin of preference? 
 
Response: 
 No record exists of the margin of preference being accorded to domestic tenders/suppliers. The 
Procurement Act provides for a margin of preferen ce for the benefit of tenders for domestically 
produced goods. The Act or its Regulations does not expressly refer to locally incorporated 
companies which are subsidiaries of foreign parents
. 
 
Page 45, paragraph 3.120:   
 
Question: 
 Please clarify whether Guyana gives preferences to any country other than those trading partners to which Guyana has government procurement obligations under a trade agreement.  
Response: 
 
Guyana does not give preferences to any country other than those to which they have government 
procurement obligations under a trade agreement, or Bilateral and Multilateral Agreements.  
 3.3.6 Intellectual Property Rights 
 
Page 45, paragraph 3.122:   
 Question: 
 The Secretariat's Report states that most of Guyana's intellectual property laws "date back to the pre-independence period" and "were notified to the WTO in 2002." In the 2009 Guyana Trade 
Policy Review Record of Meeting Addendum (WT/TP R/M/218/Add.1, page 7), Guyana stated that a 
new Copyright Bill was "in an advanced stage of preparation" as part of "a comprehensive review of Guyana's intellectual property legislation which is aimed at updating and modernizing the 
legislation as a whole."   
 WT/TPR/M/320/Add.1 
 
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  Please provide further details on the status of an updated Copyright Bill. Specifically, please 
explain:   Whether Guyana is still planning to prepare a new Copyright Bill to modernize Guyana's 
copyright regime; 
 If so, when the new Copyright Bill is  expected to be finalized; and  
 What modifications to the current copyright regime Guyana expects to include in a new 
Copyright Bill? 
 Response: 
 
Though the process of enacting a new Copyrights Bill has been delayed, Guyana expects to resume 
the process with a view to modernising the copyri ghts regime soon. The current copyrights regime 
will be overhauled in order to allow the enactm ent of WTO TRIPS Agreement compliant copyrights 
legislation. 
 Page 45, paragraph 3.123:   
 Question: 
 The Secretariat's Report notes that "[u]nder th e EPA between the EU and the CARIFORUM, Guyana 
is committed to acceding to other treaties administered under the WIPO, as well as adequately 
implementing the obligation of intellectual property agreements it has signed, including the WTO TRIPS Agreement."  Please provide further details on such additional treaties and implementation 
of the WTO TRIPS Agreement.  Specifically, please clarify: 
  To what other WIPO-administered treaties Guyana intends to accede; 
 The timeframe for accession to each of the treaties identified; 
 Additional changes to Guyana's intellectual pr operty laws that Guyana intends to undertake 
to implement its obligations under the WTO TRIPS Agreement; and  
 The timeframe for such additional changes to Guyana's intellectual property laws. 
 
Response: 
 
No new treaties have been acceded to, but Guyana will consider acceding to the treaties stipulated 
in the EPA on a case-by-case basis. It is anticipated that Guyana will review and revise all the intellectual property rights legislation to make  them compliant with the WTO TRIPS Agreement. 
 
Page 45, paragraph 3.125:   
 Question: 
 The Secretariat's Report states that Guyana provides patent protection for 16 years.  Does Guyana currently have plans to extend (by law or regulation) the term of patent protection from 16 to 20 
years? Please provide more information regarding Guyana's efforts to fully implement its 
obligations under the TRIPS Agreement in this regard.  
Response: 
 
This extension of patent protection shall be co nsidered when Guyana reviews all the intellectual 
property rights legislation in order to make them TRIPs agreement compliant. 
 
Page 46, paragraph 3.128:   
 
Question: 
 
The Secretariat's Report states that trademark protection in Guyana covers goods, but not 
services.  Please clarify whether Guyana is considering providing protection to service marks, as 
required by Paris Convention Article 6sexies and TRIPS Article 15.  WT/TPR/M/320/Add.1 
 
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  Response: 
 
Extending protection to service marks shall be co nsidered when the review and revision of all 
intellectual property rights legislation is undertaken. 
 
Page 46, paragraph 3.129:   
 
Question: 
 
The Secretariat's Report states that geographical indications (GIs) are protected in a manner similar to trademarks in Guyana. Please explain whether: 
 
 Guyana ensures that all prior trademarks are protected against later-filed or later-sought 
GIs that are likely to cause confusion with the prior trademark. 
 There is an opportunity for interested parties to oppose a proposed term as a GI before 
Guyana grants protection or recognition to the term as well as allow interested parties to seek a cancellation of the protected or recogniz ed GI.  If so, please identify the grounds for 
such opposition and cancellation proceedings. 
 Guyana recognizes genericness as grounds to deny, oppose or cancel protection or 
registration to GIs. 
 
Response: 
 
The Geographical Indications Act, 2005 provides for exceptions for prior use under its section 25. 
In this regard, under paragraph (2), where a trademark has been applied for or registered in good 
faith, or where rights to a trademark have been  acquired through use in good faith before the 
commencement of the Act (the GI legislation) or before the registration of the geographical 
indication in the country of origin, the Act does not prejudice the registrability of the trademark on 
the basis that it is identical with, or similar to, a geographical indication.  Yes, the Act provides opportunity for any person to object to the registration of a particular 
geographical indication (section 13), on grounds that the indication is contrary to public order or 
morality; or that the applicants do not have a right to make the application; or that the required contents for the geographical indication are not well specified; or that the application does not 
comply with the  regulations. 
 Any person may also apply to the court for the cancellation or rectification of a geographical 
indication on specified grounds (section 16) that the geographical area specified in the registration 
does not correspond to the geographical indication, or that the indication of the products in respect of which the geographical indication is intended  to apply or the indication of the quality, 
reputation, or other characteristic of such  products is missing or unsatisfactory. 
 
Genericness is not stipulated in the Act as one of the grounds for denying, opposing, or cancelling protection or registration of a geographical indication. 
 
Page 46, paragraph 3.131: 
   
Question: 
 
The Secretariat's Report states that parallel imports are "limited".   
Please elaborate on the use and meaning of the word  "limited" here.  For example, does it refer to 
the number of importations?  
Response: 
 
The word 'limited" means that parallel impo rts are rarely or have never been used. 
 WT/TPR/M/320/Add.1 
 
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  4  TRADE POLICIES BY SECTOR 
4.1  Agriculture, Fisheries, and Forestry 4.1.1 Agriculture  
Page 48, paragraph 4.10:   
 
Question: 
 Please provide more information with respect to the Sugar Price Stabilization Fund. Specifically, please explain how it functions and how much is spent on an annual basis for this purpose.  
Response: 
 
The Sugar Industry Price Stabilization Fund is no longer in operation. 
 
The Sugar Industry Special Fund Act and its three subsidiaries – Sugar Industry Price Stabilization 
Fund, Sugar Industry Rehabilitation Fund and Suga r Industry Labour Welfare Fund (SILWF) – were 
created in 1947. Levies paid into these funds were  designed to bring about stability in pricing and 
rehabilitation of industry to benefit both priv ate farmers and the state industry in terms of 
drainage and irrigation, research and development and to create housing and social amenities for sugar workers. 
 
Monies to a value of $26.50 per tonne were meant to be paid to the Comptroller of Customs by the various sugar producers and exporters prior to 1976. After 1976 all monies would have been paid 
by the nationalised Sugar Corporation (GuySuCo). This Act was amended in 1993 and the levy was 
increased to $514.50 (to take account of inflation etc.) of which the SILWF was paid $500.00 for every tonne. The Corporation may contribute an average G$90m annually – depending on 
production and sales. 
 1. INTRODUCTION  
Page 3, paragraph 1.3:   
 
Questions: 
 The Government's Report list a number of public sector reforms. Of the items listed, please identify which ones have been implemented.  Of  those not implemented, please provide further 
details as to the progress and future plans of those items.  In addition: 
 1. Please provide details on the ICT infrastr ucture development and telecom liberalization.   
 
2. Please explain whether Exxon's potential discovery impacts Guyana's trade policy and 
development plans and, if so, how?  Also, pl ease identify what safeguards (or planned 
safeguards) are in place to ensure transpar ent accounting for any potential exported oil 
revenue. 
 3. Please explain whether Guyana has plans to complete a paved road to Brazil.  If so, please 
provide details of the plan and timeline for completion. 
 4. Earlier this year, there has been public di scussion of a change to the tariff regime for 
vehicles, with the stated aim to encourage the importation of new cars as opposed to older, 
used cars. The goal was to improve safety and fuel efficiency while decreasing pollution.  
Please identify any official efforts in this regard. 
  
Responses: 
 
The President signed into law the Anti-Money Laundering and Prevention of the Financing of 
Terrorism Act. The other items are at various stages  of preparation. They have yet to be presented 
to the Cabinet.   1. ICT infrastructure development has not advanced radically in the few weeks since the 
elections. The preparation of the legislation for the liberalization of the telecoms sector is on track. WT/TPR/M/320/Add.1 
 
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  The law officers advised of the need to submit new Bills altogether rather than amending the 
original legislation yet again. The draft should be ready for consideration by the Cabinet in a few weeks' time.   
2. The Government is receiving critical advisory and technical support on this matter from 
various bilateral and multilateral partners with the crafting of suitable systems and procedures  
(such as Extractive Industries Transparency Initia tive (EITI) compliance and  the establishment of 
an oil & gas policy) that would adapt to ensure transparent accounting for any potential exported 
oil revenue. Also, the Government will establish a Sovereign Wealth Fund to protect the economy 
from the volatile nature of mineral revenues,  help grow and modernize the sustainable non-
extractive sectors of the economy.  This Fund will  also help to avoid the potential negative impacts 
of a sudden surge in national revenue expected fr om the establishment of an Oil and Gas Industry 
in Guyana. It is reasonable to expect that these developments when fully appraised will impact (positive) changes in Guyana's trade policy and development plans. 
 
3. Like its predecessor, the Government has plans to upgrade the Lethem Linden road. There is a feasibility study and discussions are in train with potential partners to raise the funding for the 
construction. Upgrading of the road is closely linked to the construction of a deep-water port in 
either Berbice or on the Essequibo Negotiations are taking place to secure funding for this exercise.   
4. The Government has established a Tax Reform Committee to undertake a detailed 
assessment of the overall tax system. Since major work has been completed in this area recently, the Committee is expected to complete its work by 1
st quarter of 2016. 
 
Additional Questions: 
 
1. In the Record of Meeting Addendum (WT/ TPR/M/218/Add.1, page 8) of the 2009 review, 
Guyana indicated that new legislation was under consideration to address the question of enforcement of intellectual property rights, includ ing to address three deficiencies previously noted 
by the Secretariat's report in 2003 (WT/TPR/S/122, p. 59), namely: (1) a lack of authority for 
"judges to issue cease-and-desist orders in case of  infringement of intellectual property rights"; 
(2) a lack of authority for judges to "order the payment of the right-holder's expenses by the infringer"; and (3) a lack of any provisions "to indemnify a defendant in the event of abuse by the 
plaintiff."  Please provide further details on the status of such legislation. Specifically, please: 
  Explain the current regime for enforcement of intellectual property rights, including a 
description of any available (a) civil penalties, (b) criminal penalties, or (c) specific 
mechanisms for retaining infringing items at the border; 
 Provide updated data regarding civil and criminal  copyright infringement actions during this 
review period; 
 Clarify whether Guyana is still planning to prepare new legislation on enforcement of 
intellectual property rights; 
 Identify when such legislation is expected to be finalized; 
 Describe what modifications to the current intellectual property regime Guyana expects to 
include in such legislation; and  
 Explain how such legislation will address the three deficiencies previously noted by the 
Secretariat in the 2009 review. 
 
Response: 
 
The enactment of the said legislation is yet to be  concluded. Accordingly, the current intellectual 
property rights regime remains the same regime that was there at the previous Trade Policy Review. All the IPRs legislation, i.e. the Geograph ical Indications Act, the Patents and Designs Act, 
the Trademarks Act as well as the Copyrights Act provide for civil and criminal remedies in the 
event that the holder's rights are infringed upon . However, the only difference may be that the 
remedies allowed may be different from the remedies under the TRIPS Agreement. Guyana is still 
committed to enacting new intellectual property le gislation. The new legislation will be WTO TRIPS 
Agreement compliant and address the deficiencies th at were previously noted by the Secretariat in 
2009.  WT/TPR/M/320/Add.1 
 
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  Question: 
 
2. Please explain in more detail any public plans to adjust rice exports and fuels imports, particularly in light of the possible expira tion of the arrangement with PetroCaribe. 
 
Response: 
 
Guyana will continue to source its fuel imports from CARICOM (Trinidad) and Non-CARICOM 
suppliers, as necessary, to ensure the country's en ergy security. With respect to rice exports, 
Guyana will continue to seek (expanded) market access in traditional and non-traditional markets to respond to the ongoing expansion and diversification of the local industry. 
 WT/TPR/M/320/Add.1 
 
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  CANADA 
Secretariat Report (WT/TPR/S/320) 
 
2.3.2 Regional and bilateral agreements paragraph 2.17, page 20: 
 1. The paragraph discusses the role of CARICOM in coordinating members' external trade 
policies.  
These policies are governed by the Revised Treaty  of Chaguaramas. Article 80.3 of the Revised 
Treaty of Chaguaramus states that "Bilateral agreements to be negotiated by Member States in 
pursuance of their national strategic interest shall: … prior to their conclusion, be subject to certification by the CARICOM Secretariat that th e agreements do not prejudice or place at a 
disadvantage the position of other CARICOM States vis-à-vis the Treaty." 
 
Question: 
 
Can Guyana please expand on what 'prejudice or place at a disadvantage' means? 
 Response: 
 The specific provision of Article 80.3 of the Revi sed Treaty of Chaguaramus seeks to safeguard the 
trade interests of member states by requiring member states not to extend more favourable benefits to Non-CARICOM members. 
 
4.5.4.2 Trade Policies by Sector:  Maritime Transport paragraph 4.112-4.113, page 62: 
 
In paragraph 4.112 it is indicated that cabotage is generally restricted to Guyana-registered 
vessels.  In paragraph 4.113 it is indicated that cabotage restrictions are subject to regulations and exemptions. 
 
Question: 
 1. Which specific regulations and exemptions are cabotage restrictions subject to?  What types 
of exemptions exist? 
 
Response: 
 
Section 10(1) of the Guyana Shipping Act 1998 provides that "Subject to any regulations made or exemptions granted under this Act, any other writte n law, or any bilateral or multilateral treaty or 
agreement, no ship other than a Guyana ship may trade exclusively between ports of Guyana or 
within waters under Guyana's jurisdiction".   While there may not be any existing regulations relating strictly to cabotage, Section 453 of the 
Act, empowers the Minister to exempt any ship from any specific requirement contained in or 
prescribed under the Act once he is satisfied that such requirement has either been complied with or is unnecessary given the circumstances of the case. 
 
Question: 
 
2. Other than CARICOM citizens, is there a mechanism to allow vessels registered outside 
Guyana or CARICOM to undertake cabotage in Guyana's waters? 
 
Response: 
 See response Question 1 above. While cabotage is generally restricted to Guyanese registered ships, special permission may be granted to vessels registered in third states, at the discretion of 
the subject Minister. 
 WT/TPR/M/320/Add.1 
 
- 15 - 
 
  Questions: 
 
3. If vessels registered outside Guyana or CARICOM are allowed to undertake cabotage in 
Guyana's waters in some circumstances: 
 
i) How many foreign vessels have operated under such conditions yearly since 2009? 
 
ii) What type(s) of foreign vessel have been operating in the Guyanese cabotage 
market? 
 iii) Is there a fee for obtaining access to the cabotage market? 
 
iv) Do the vessel operators pay duties and taxes, including on revenues generated 
during the service? 
 
Responses: 
 
(i) None; (ii) to (iv) Not applicable. 
 Question: 
 
4. Is the transport of empty containers between ports considered cabotage? 
 Response: 
 This issue has never been considered and there is no defined policy on the transport of empty containers between ports in Guyana. 
 
4.5.4.2 Trade Policies by Sector: Maritime Transport paragraph 4.116, page 63: 
 In paragraph 4.116 it is indicated that dredging  and hydrographic services are provided uniquely 
by the Government. 
 Question: 
 1. Does this also apply to offshore dredging an d hydrographic services (i.e. is the Government 
also the unique provider of these services)? 
 
Response: 
 All maritime-related activities fall under the purv iew of the Government's Maritime Administration 
Department. However, offshore survey and hydrographic services may be provided by private 
entities with the approval of the Government. WT/TPR/M/320/Add.1 
 
- 16 - 
 
  JAPAN 
Secretariat Report (WT/TPR/S/320) 
 
3  TRADE POLICIES AND PRACTICES BY MEASURE 
3.3  Measures Affecting Production and Trade 
3.3.6 Intellectual Property Rights  
Page 46, Paragraph 3.130 
 The Secretariat Report notes that "Guyana does not have any legislation on new plant varieties, layout-designs of integrated circuits, or undisclosed information/trade secrets". 
 
Question: 
 
Could Guyana explain if there are some kinds of administrative measures or regulations in order to 
prevent wilful misappropriation or disclosure of undisclosed information/trade secrets?  
Response: 
 
Other than legislations relating to non-disclosure of official information by public officials, there is no other specific legislation that deals with the prevention of wilful misappropriation or disclosure 
of undisclosed information/trade secrets. 
 WT/TPR/M/320/Add.1 
 
- 17 - 
 
  EUROPEAN UNION 
Secretariat Report (WT/TPR/S/320) 
 
Page 7 para 12 on TFA . "In April 2015, Guyana established a national committee to coordinate 
the implementation of the WTO Agreement on Trade Facilitation. Guyana has not yet submitted its 
Category A notification under the Agreement."  
Question: 
 
When does Guyana intend to notify its category A commitments? Has Guyana started its process of ratification of the Trade Facilitation Agr eement? Has Guyana considered adopting a legal 
framework for advanced ruling? 
 Response: 
 Guyana has started the process of ratification of the TFA and intends to notify its Category 'A' commitments by the end of the October 2015. Guyana has also commenced consideration of the 
adoption of a legal framework for advanced ruling. 
 Page 7 para 17 on procurement policy and competition  
Question:  
 
Given that procurement is also an area where CARICOM has competences together with 
competition, how does the CARICOM legislation influence /impact on the national legislation on 
procurement and eventually on the enforcem ent of competition rules to procurement? 
 
Response: 
 
The CARICOM treaty provisions are not yet develo ped in relation to government procurement. 
CARICOM, however, has developed a Draft Protoc ol on Government Procurement which is being 
reviewed by the Inter-Governmental Task Force (IGTF). 
 Once the Protocol is finalized and signed by Me mber States, it would be incumbent upon Member 
States to align their legislation with the Protocol. It may be noted that CARICOM has taken into 
consideration the government procurement legislations of member states in the drafting of the regional protocol. 
 
Page 12 para 1.14  states that the "the public sector fiscal balance during 2009-14 was mixed". A 
negative contribution of 0.6% to the GDP was made by the public sector. "It is required to advance a far reaching reform of the public enterprises including of the Guyana sugar corporation and 
Guyana power light and streamline electricity tariffs and related subsidies." 
  
Page 21 para 2.27 refers to the government's strategy to improve the "doing business index" of 
the World Bank by inter alia making the economy more private sector driven. Page 22 para 2.29  
reports that the" The authorities maintain that foreign investors have equal access to opportunities arising from privatization of state-owned companies." 
 
Question: 
 Do the authorities intend to improve the gove rnance of state-owned entities? Are there any 
intentions to consider additional privatization and, if so, would the rights of foreign investors be 
maintained  equal as to those of national entities as alluded in the Secretariat report in the para 
2.27 above-mentioned? 
 
Response: 
 
Yes, there are arrangements to improve the management and oversight of state-owned entities. At 
this point privatization, although envisaged, is  not a central pillar of Government’s measures.  WT/TPR/M/320/Add.1 
 
- 18 - 
 
  Where it is to be employed there is no plan to change the arrangements for foreign access to 
privatized entities.  
 Balance of Payments 
 
Page 13. para 1.15 refers to the huge  deficit of the balance of payments estimated to have 
reached around 15% of GDP. "This was mostly due to a large deficit in merchandise trade (Table 
1.4). The services account deficit slightly decreased during the review period; it was estimated to 
have amounted to around 5.6% of GDP, in 2014. Transfers, particularly remittances by Guyanese workers abroad, remained an important positive co ntribution (9.6% of GDP in 2014) to the current 
account. Para 1.16. , indicates that "Gross official reserves stood at US$630.3 million at the end of 
September 2014, equivalent to around 3.5 months  of imports of goods and services (compared 
with 3.9 months at end-2013)."  
Question: 
 
What measures does the government consider taking to improve the balance of payments 
situation? 
 Response: 
 
Over the next five years, the Government has committed to the maintenance of macroeconomic 
stability by creating conditions to foster a positi ve growth trajectory while improving expenditure 
management and revenue administration, low inflatio n, stable exchange rate and sustainable debt. 
This will involve the undertaking of prudent and targ eted fiscal policy to reduce the deficit in both 
the Central Government and Public Enterprises.  This  will also involve intensified efforts to find new 
markets and negotiating favourable prices for the country's exports. The Government will reform 
the tax system to make it more robust, allowing for the reaping of efficiency gains from greater 
compliance and an expanded tax base. These efficiency gains will restore private sector confidence in the economy and will increase investments while creating sustainable jobs.   
The Government will establish a Sovereign Wealth Fund to protect the economy from the volatile 
nature of mineral revenues, help grow and modernize the sustainable non-extractive sectors of the economy.  This Fund will also help to avoid th e potential negative impacts of a sudden surge in 
national revenue expected from the establishment of an Oil and Gas Industry in Guyana.  
 Page 15, para 1.19.  "The direction of Guyana's exports changed significantly between 2009 and 
2014, reflecting a substantial increase in the share of the United States from 12.3% in 
2009 to 26.9% in 2014 (Table A1.3 and Chart 1.2"). 
 Question: 
 What are the main reasons for this change and fo r the increased share of Guyana's exports to the 
USA? 
 
Response: 
 
The increase in the US' share of Guyana's exports is accounted for mainly by increased exports of 
gold and seafood.  Page 20 para 2.19 :  "The CARICOM has a number of regional agencies to administer policies and 
coordinate practices among its members; these include the CARICOM Regional Organization for 
Standards and Quality (CROSQ), and the CARICOM Competition Commission."  
Question: 
 
What are the powers of the Guyana Competition Commission compared to those of the CARICOM 
Competition Commission? 
 WT/TPR/M/320/Add.1 
 
- 19 - 
 
  Response: 
 
The Guyana Competition and Consumer Affairs Commission (CCAC) is established under the Guyana Competition and Fair Trading Act 2006 (CFTA). The Guyana Competition Commission, 
therefore, enforces competition law within its jurisdiction, while the CARICOM Competition 
Commission (CCC) has the responsibility of enforc ing competition law within the CARICOM Single 
Market & Economy (CSME). The Guyana Competition Commission does not have jurisdiction 
outside the borders of Guyana. 
 The CCC, in carrying out its functions under the Re vised Treaty, has to also  operate according to 
the national competition law in each Member Stat e. As such, the CCC continues to work with the 
Member States to support their implementation of the national requirements of Chapter VIII of the 
Revised Treaty.  
Article 170 of Chapter VIII of the Revised Trea ty of Chaguaramas requires the Community to 
establish appropriate norms and institutional arrangements to prohibit and penalize anti-competitive business conduct. The Member States must ensure that institutional arrangements 
and legislative measures are adopted to ensure consistency and compliance with rules of 
competition. Article 171 establishes a Competition Commission for the purpose of implementation of the Community Competition Policy. The functions to be discharged by the CCC are contained in Article 173. The primary functions are to: apply the rules of competition in respect of cross-border 
anticompetitive conduct; to promote and protect competition in the Community and to coordinate 
the implementation of the Community Competition Policy. Article 174 grants extensive powers to 
the Commission to enable it to discharge these functions. 
 
2. Trade and Investment Regime Page 21, para. 2.24 
 
The report states that registration fees are lower for companies registered in Guyana than those incorporated abroad. The difference can be quite large depending on the capital of the companies 
that are registered abroad. 
 
Question: 
 
What is the rationale for imposing higher registration fee for companies incorporated abroad? What 
is the rationale to make the difference greater the greater the level of capital involved in the abroad-registered company? 
 
Response: 
 This policy has been inherited and the issue has not yet attracted the attention of the new 
authorities. 
 3. Trade Policies and practices by measure 
Page 25, para. 3.18 
 A CARICOM Certificate of Origin is required for imports claiming CARICOM origin for duty free 
preference. In addition, the EU notes that in order to grant preferential treatment to a due 
product, preferential rules of origin applying to this product are needed. Certain free trade agreements Guyana is party to only fores ee a limited amount of rules of origin.  
 
Question: 
 
What is the product coverage of these agreements? Regarding trade with the EU, what 
documentation is  required for claiming preference under  the CARIFORUM EU-EPA? Is the invoice 
declaration for approved exporter accepted in lieu of the EUR1?  
Response: 
 
Regarding trade with the EU, the invoice declaration for approved exporter is accepted in accordance with the EPA Article 21 of the Protoc ol I. The Guyana revenue Authority (GRA) would 
accept the Invoice in place of the EUR1 once the conditions are met in accordance with the WT/TPR/M/320/Add.1 
 
- 20 - 
 
  Article 21. It should be noted, however, that ov er 90% of the consignments would be accompanied 
with a EUR1 form.  Page 30, para. 3.34 
 
The report states that a zero VAT is applied to some locally produced products but not to their imported equivalents. 
 
Question: 
 What is the justification for the discrimination on VAT rates between imported and locally produced 
goods? 
 Response: 
 This measure has been revised to apply to both the locally-produced and imported products.  
Page 32 para 3.44  states that "imports of endangered species of fauna and flora protected under 
the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are restricted and require permits issued from the Wildlife Management Authority under the Environmental Protection Agency. It is further said that applications for permits must be 
accompanied by CITES certificates issued by exporting countries." 
 Question: 
 How does Guyana comply with Article IV.2(a) of the CITES Convention, i.e. how do the Guyana's authorities ensure that exports of various species of birds and reptiles to the EU for pet trade will 
not be detrimental to the survival of the specie s in the wild? In that regard, Guyana publishes 
various export quotas for these species, but the EU would like to get more information as to the scientific basis for these quotas, and get more justification that international trade carried out by Guyana in these species is sustainable. In fact, the EU notes that imports into the EU of some of 
these species are currently suspended based on the fact that they are threatened. Can Guyana 
explain its policy in this regard?  
Response:  
 
The quota of birds on the CITES list (mainly parrots, macaws and toucans) that Guyana exports 
was arrived at following a parrot survey in 1998 by a CITES approved TRAFFIC consultant. This 
quota has remained at the recommended level.  
 
A Crocodile survey was done in the late '80's with  CITES assistance, and from the findings of the 
survey were derived the quota of live crocodiles to be exported annually. These are Caiman 
crocodilus (spectacled caiman), Paleosuchus palpebrosus (smooth fronted 'Dwarf' crocodile) and 
Paleosuchus trigonatus (wedge-headed caiman). A fixed number of skins of the spectacled caiman 
are exported as well. 
 Page 33, par 3.48   
 
The report states that licences (automatic and non-automatic) are issued by the Ministry of 
Tourism, Industry and Commerce, but that prior to this they must obtain no-objection permit from 
the relevant sector specific authority.  
 
Question: 
 
In case of automatic licenses, what is the role of the non-objection permit and on what grounds is 
it given or rejected?  
Response: 
 
The no-objection permit/endorsement relates to the non-automatic licences only. Paragraph 3.48 
should be corrected accordingly. 
 WT/TPR/M/320/Add.1 
 
- 21 - 
 
  Page 38 para 3.78 on export controls 
 Question: 
 
What are the measures, if any, applied by Guyana on export control of strategic goods/dual use 
items to align its policy on UN Resolution 1540?  
Response: 
 
Export Licences are to be endorsed by the Pesticide and Toxic Chemicals Control Board and the Ministry of Agriculture National Plant Protection Organisation. On April 10, 2015 Guyana submitted 
a request to the UN for assistance in: 
1. Development of an Action Plan for implementation of UN Resolution 1540 
2. Training in dealing with CBRN materials 
3. Equipment to detect CBRN materials 
4. CBRN materials control list 
5. CBRN sensitization programmes 
Page 39 para 3.89: corporate taxation 
 
Question: 
 What is the rationale for having different taxation rates for companies depending on whether they 
are commercial or non-commercial? What is the rationale to impose another taxation rate to 
telecoms companies according to footnote 38 the rate is 45%? Have the tax incentives mentioned in para 3.93 been of impact on employment and if so can some further information be given as to 
the impact on employment? 
 Response: 
 The application of a lower Corporation Tax rate (30%) on non- commercial companies provides an incentive to manufacturing companies to create value-addition, generate jobs, exports and skills 
development for the productive sectors. A likely ra tionale for the higher taxation of the telecom 
sector may be that the sector is "easy to tax" since there are small numbers of profitable and 
regulated companies, and they have limited option to avoid the tax.  
  
The Government has established a Tax Reform Committee to undertake a detailed assessment of 
the overall tax system. Since major work has been completed in this area recently, the Committee is expected to complete its work by 1
st quarter of 2016.   
 
It is highly possible that the tax incentives have a positive impact on employment. This will be 
appraised by the aforementioned Tax Reform Commission.  
 
Page 41 section 3.3.3 STEs 
 Question: 
 It seems that the Guyana Sugar Corporation and Guyana Gold Board should be notified as STEs under Article XVII of GATT given their sometimes exclusive role on trade.  
 
What are the intentions of the government in this regard?  Response: 
 Guyana will update all outstanding Notifications by the end of 2015.  WT/TPR/M/320/Add.1 
 
- 22 - 
 
  Page 45 Public procurement 
 Question: 
 
What is the share of total public procurement in Guyana that is subject to publication/open 
tendering?  
Response: 
 
This information is being researched and will be provided later.  
Follow-up question: 
 
With reference to the original question, the EU reiterates its interest in receiving the outstanding 
information: What is the share of total public procurement in Guyana that is subject to 
publication/open tendering?  
Response: 
 
The National Procurement and Tender Administration (NPTA) is currently being reviewed and reformed. At present the Management Information System (MIS) at the National Procurement and 
Tender Administration Board (NPTAB) is unable to capture the total value of 
Government procurement. However, at least 80% of the total Government procurement is processed by the NPTAB. Based on this, the share of  public procurement in Guyana that is subject 
to publication/open tendering is 78.06%. This is a four-year average 2011-2014. 
 5. Trade policies by sector 
 
Page 48, par 4.10 export duties  The report states that export duties are levied on unrefined sugar and molasses except for exports 
to CARICOM members. In other parts of the report, in the summary, in para 11 it is indicated that 
Duties on non-manufactured goods exported to the EU and the Dominican Republic were eliminated in 2012. 
 
Question: 
 
Can the authorities confirm that log exports to the EU are subject to export taxation/duties? If so, 
can they elaborate on this and indicate the legal reference?  Response: 
 Log exports destined to the EU markets are not subject to Export Duty. Duties on exports to the EU were eliminated in 2012 under the EU-Carifor um Economic Partnership Agreement (EPA). (See 
paragraph 3.76 at page 37). 
 Page 52, para. 4.34 
 
The report states that royalty payments to the Government amounted to around 6 billion GYD in 
2013. This amount represents almost 5% of total revenue, but does not appear as revenue in the table on page 39 of the report. 
 
Question: 
 
How are those revenues accounted for? 
 Response: 
 The Guyana Revenue Authority would only acco unt for revenues that are collected by the 
Authority. This is reported at page 39 (Table 3.14) of the Secretariat Report.  WT/TPR/M/320/Add.1 
 
- 23 - 
 
  The report at paragraph 4.34 on page 52 is concerned with royalties from mining operations. 
Royalty payable by miners from their winning in gold and diamonds, and from their mining of quarry products such as stone and sand are paid to the Guyana Geology and Mines Commission  
(GGMC). These revenues are accounted for in the financial accounts of the GGMC which are 
subject to state Audits on a regular basis.  Such monies are further remitted to the Government by 
prescribed means.  
 
Page 53 Section 4.3  Energy 
 Question: 
 
Can the authorities inform about the ongoing projects on hydro-electricity mentioned in paragraph 
4.43?  
Response: 
 
Over the next five years, the Government of Guyana will pursue a more integrated approach to 
providing for the country's energy needs. This will include all sources of energy - fossil fuels, wind, 
solar, baggasse and hydropower. The Government will commence feasibility studies for a large hydropower development with support from deve lopment partners. Independent power producers 
and suppliers will be encouraged to construct ener gy farms and sell energy to the national grid. 
The Government will also construct and/or promot e the construction of small hydro systems in 
various locations, and will power all new to wnships using alternative energy sources. 
  
Page 59 section 4.5.3 Telecommunications 
 Para 4.87  reports that the authorities are not satisfied with the current structure of the market. 
The government is taking steps to issue a new legislation. Telecommunications has a key role in 
providing significant opportunities for de velopment and increasing productivity.  
 Question: 
 Does the Government envisage any changes in the Telecommunications Act, for instance to ensure interconnection of public telecom services with a view to reducing the barriers for mobile telecom 
operators to enter the market? 
 Response:  
 
The Telecommunications Bill 2015 provides for an open, liberalised and competitive telecommunications sector that will be attractive to new market entrants and investors, while preserving the activities of the current sector participants.  By creating a competitive environment 
for telecommunications, the Bill is expected to re sult in greater choice, better quality of service 
and lower prices for consumers. 
 
Along with the Public Utilities Commission Act and regulations, expected to be promulgated upon 
commencement of the new legislation, it would create a clear, harmonized framework and a level playing field for the sector that is lacking in the current laws and is similar to that found in other 
countries in the world, including most Caribbean countries.  The new legal framework is 
characterized by transparency and non-discriminat ion in the issuance and monitoring of licences 
and authorisations to use the spectrum, seamless interconnection and access between and among telecommunications networks and services, and price regulation where required to ensure 
competition and protect consumers. 
 Page 63. Section 4.5.5. 
 
Para 4.117 : The EU understands from the absence of any Ministerial orders that no foreign 
lawyers are currently practising in the country. 
 WT/TPR/M/320/Add.1 
 
- 24 - 
 
  Question: 
 
Is the above understanding correct? Does the govern ment have any plans to liberalise (parts of) 
this sector, for instance to deal with matters of international law or home country law? 
 
Response: 
 
Guyana's position remains the same. No immediate review is planned. 
 WT/TPR/M/320/Add.1 
 
- 25 - 
 
  BRAZIL 
Secretariat Report (WT/TPR/S/320) 
 
SUMMARY 
 
Page 7 (para 12)  
Question: 
 
Could Guyana provide more information on the National Committee set to coordinate the implementation of the WTO Agreement on Trade Facilitation? 
 
Response:  
 
The Guyana National Committee on Trade Facilitation (NCTF) was established on 9 April 2015. The 
Committee is jointly coordinated by the Ministry of Foreign Affairs (Foreign Trade) and the Guyana Revenue Authority and includes representatives from the key border agencies. The Committee 
functions at the senior technical level and is responsible for coordinating all dialogue on matters 
directly related to the administration and effect ive implementation of the WTO Trade Facilitation 
Agreement. The Committee will advise and make recommendations regarding the implementation of the categories A, B and C provisions of the Agreement and the types of technical assistance 
needs required to satisfy these objectives. The Committee is required to submit regular updates on 
its work, including recommendations, to the Minister of Foreign Affairs and the Commissioner-General of the Guyana Revenue Authority. 
 
3  TRADE POLICIES AND PRACTICES BY MEASURE  
Page 45 (Para 3.126) 
 Paragraph 3.126 describes the procedures for obtaining a patent right in Guyana. Additionally, Guyana signed the "Nagoya Protocol on Access to  Genetic Resources and the Fair and Equitable 
Sharing of Benefits Arising from their Utilization",  adopted by the Conference of the Parties to the 
Convention on Biological Diversity at its tenth meeting on 29 October 2010 in Nagoya, Japan.  
Question: 
 
1.  Has Guyana experienced cases of misappropriation of genetic resources thus far? If so, what 
measures have been undertaken by the Guyanese authorities? 
 Response: 
 
1.  As far as Guyana is aware there has been no case of misappropriation of genetic resources. 
 Question: 
 2.  Does the Government of Guyana plan to include a requirement that patent applicants provide the correct information regarding the origin of the genetic resources and traditional 
knowledge involved in patent applications? 
 Response: 
 
2.  Guyana shall consider this requirement when it reviews and revise its laws on patents and 
intellectual property as a whole.  WT/TPR/M/320/Add.1 
 
- 26 - 
 
  Additional Questions 
 
Secretariat Report (WT/TPR/S/320) 
 
Part I: Page 57 
 " N o  s h a r e h o l d e r  i s  p e r m i t t e d  t o  h o l d  m o r e  t h a n  2 5 %  o f  t h e  s h a r e s  o f  a n y  l i c e n s e d  f i n a n c i a l  
institution (LFI) (including via merger or acquisition) unless authorized by the Bank of Guyana; the 
only exception is a capital expansion of the LFI in which the shareholder already had ownership control. As defined in the Act the shareholder must be a person "fit and proper" to conduct financial business in Guyana; there are no nationality requirements. After obtaining the 
appropriate license, a foreign bank may establish a branch or a subsidiary, but not a 
representative office; a foreign subsidia ry must be incorporated in Guyana." 
 
Question: 
 
1. Are there any normative criteria to qualify a person as "fit and proper"? 
 
Response: 
 (a) Section 27(2) of the Financial Institutions Act 1995 states: 
 
"In determining whether a person is a fit and proper person under subsection (1), regard  shall be 
had to his probity, to his competence and soundness of judgment for fulfilling the responsibilities 
of that position, to the diligence with which he is fulfilling or is likely to fulfil those responsibilities 
and to whether the interests of depositors or potential depositors of licensed financial institutions are, or are likely to be, in any way threatened by his holding that position." 
 
(b)  Supervision Guideline No. 3 – Licensing of Financial Institutions (Item 1)  Qualifications of Controlling Shareholders, Directors, Officers, and Officials: 
 
The Bank must be convinced that the applicant sati sfies the fit and proper criteria by evaluating 
the personal history, business or employment  records, experience, and other background 
information of all controlling shareholders, directors, officers, officials. The qualifications of these 
persons should be at a level which will enable them to conduct business competently and competitively with existing financial institutions. 
 
Question: 
 2. Is there any difference in the financial activi ties allowed to branches and subsidiaries of 
foreign banks? 
 Response: 
 There are no differences in the financial activities allowed.  WT/TPR/M/320/Add.1 
 
- 27 - 
 
  MEXICO 
Secretariat Report (WT/TPR/S/320) 
 
3.1 Customs procedures and requirements 
 
3.2 (Page 24):  
Question: 
 
Could Guyana describe the measures adopted to simplify its customs procedures, particularly to reduce the time needed to complete the transactions? 
 
Response: 
 
The Laws of Guyana Chapter 82:01 Section 203, allow for any importer or exporter to process 
their consignment without the need of a Licensed Customs Broker. Once the customs declaration has been cleared at the Main Office, the broker/authorized individual (importer/exporter) will 
present the documentation to the border post to get the goods released. 
 The overall clearance process focuses on tax and duties collection with sufficient effective support being provided to the trading community in order to make Customs decisions more accountable, 
predictable and transparent. For example, the stan dard operating procedures (SOPs) are publicly 
available on the GRA's website.    
The Customs office gives the importer several options to submit and process his/her 
consignments:  
 Implementation of a Risk Management Department 
 Implementation of a Post Clearance Audit department 
 Prepare their declarations long before the arrival of their cargo (declarations      
processed in advance of the arrival of the cargo is over 60%). 
 The ability to pay for their declaration at a time convenient to them (online payments). 
 An online Customs declaration status (h ttp://www.gra.gov.gy/declaration-status) 
 
3.70 (Page 25): 
 The Secretariat's report indicates that Guyana is considering the possibility of establishing a 
one-stop window.  
 Question: 
 
Could the Government of Guyana explain in more detail the constraints it faces for its adoption or 
if there is a target date for its implementation?  
Response: 
 
The concept of the Single Window is to connect various stakeholders involved with the licensed 
and real time customs and trade facilitation operations. The key constraints to implementation are 
both financial and technical (human resources and equipment).   3.10 (Page 26): 
 
Question: 
 
Could Guyana inform if it has a scheduled date to  notify the WTO of the measures of category A? 
 Response: 
 Guyana intends to notify its category 'A' commitments by the end of October 2015.  WT/TPR/M/320/Add.1 
 
- 28 - 
 
  3.1.9 Sanitary and phytosanitary Measures 
3.61 and 3.69 (Pages 39 and 40): The report notes that in 2012 Guyana submitted its first 
notification to the WTO. In paragraph 3.69 it is  indicated that the authorities consider that 
technical assistance is required for the sanitary and phytosanitary system to be more transparent.  
 
Question: 
 
Could Guyana provide more information on the actions that will be taken to comply with the 
commitments of notification before the WTO SPS Committee?  Response: 
 Guyana will update its outstanding Notifications before end 2015.   
4. Trade policy by sectors 
4.3. Electricity 
4.41 and 4.43 (Page 58)  The report indicates that electric power generation depends almost 
entirely on imports of fuel oil and electricity is not generated from hydropower.   
Question: 
We would like to know what will be the future course of action by Guyana to extend its electricity 
production, particularly to generate electricity through wind and hydroelectric means. 
Response: 
Over the next five years, the Government of Guyana will pursue a more integrated approach to 
providing for the country's energy needs. This will include all sources of energy - fossil fuels, wind, 
solar, baggasse and hydropower. The Government will commence feasibility studies for a large 
hydropower development with support from deve lopment partners. Independent power producers 
and suppliers will be encouraged to construct ener gy farms and sell energy to the national grid. 
The Government will also construct and/or promot e the construction of small hydro systems in 
various locations, and will power all new to wnships using alternative energy sources. 
 4.5 Services 
4.86 and 4.87 (Page 65) The report indicates that the GT& T has a de jure monopoly on fixed 
telephony services and a de facto duopoly on mobile telephony services. Additionally, it indicates that the Government has tried to renegotiate the de facto monopoly licence granted to GT&T and 
that it is also taking steps to enact new laws that will foster the liberalisation of the 
telecommunications sector. 
Question: 
Could Guyana specify what actions are being taken to promote competition in the 
telecommunications sector?  Response: 
 The Telecommunications Bill 2015 provides for an open, liberalised and competitive telecommunications sector that will be attractive to new market entrants and investors, while 
preserving the activities of the current sector participants.  By creating a competitive environment 
for telecommunications, the Bill is expected to result in greater choice, better quality of service and lower prices for consumers. 
 
Along with the Public Utilities Commission Act and regulations, expected to be promulgated upon commencement of the new legislation, it would create a clear, harmonized framework and a level playing field for the sector that is lacking in the current laws and is similar to that found in other 
countries in the world, including most Caribbean countries. The new legal framework is WT/TPR/M/320/Add.1 
 
- 29 - 
 
  characterized by transparency and non-discriminat ion in the issuance and monitoring of licences 
and authorisations to use the spectrum, seamless interconnection and access between and among telecommunications networks and services, and price regulation where required to ensure 
competition and protect consumers. 
 
Additional Questions: 
 
Government Report (WT/TPR/G/320) 
 
Document WT/TPR/G/320, on page 5 in section 4.1., in the first paragraph, mentions that a 
government policy is to establish a legal and regulatory framework to create a conducive 
environment so that the ICT sector (including telecommunications) could be organized on a 
competitive basis, to ensure its growth and development. In this regard, the following information 
is requested: 
 
Questions: 
 
Do you have an approximate date for the entry into effect of the new legal and regulatory 
framework in the field of ICT? 
 What legal measures do you plan to implement to create a competitive basis for the ICT sector? 
 
Response: 
 
It will be ready by the end of September to be considered by the Cabinet as well as the National 
Assembly, in addition to the negotiations with  the current monopoly supplier to end that 
monopoly. 
 
Secretariat Report (WT/TPR/S/320) 
 
Document WT/TPR/S/320, in paragraphs 4.86 and 4.92, pages 59 and 60, mentions two concepts 
that are presumed to be the same: " de jure monopoly on fixed telephone services" and "exclusive 
license to provide fixed public telephone services…", respectively. We would like to ask: 
 
Question: 
 
1. Are they actually the same legal concept? 
 
Response: 
 
1.  The matter of "de jure legal monopoly" versus "exclusive licence" and (2) "fixed telephone 
services" versus "fixed public telephone services". 
 
The two concepts are not the same. The latter appropriately describes the exclusive permission 
given to GT&T under its 1990 licence as it relates to provision of domestic telephone services. With 
respect to (1) "de jure legal monopoly" versus "e xclusive licence", they are not the same with 
respect to the GT&T Licence.  The latter phrase would more accurately describe the permission 
given to GT&T under Paragraph 1 of its 1990 Licence. Paragraph 1 states that GT&T is given 
permission on an exclusive basis to provide a number of services. A pronouncement on whether 
the exclusive licence is de jure or legal is a matter for the Courts only. One might say that GT&T 
holds an exclusive licence with respect to particular services as that is the language used in the 
GT&T Licence.  
 
Question: 
 
2. How does the license of exclusivity operate? 
 
Response: 
 
2.  As regards "How does a licence of exclusiv ity operate?" An exclusive licence will allow the 
licensee that holds an exclusive permission in a spec ified services sector or subsector to operate as 
a monopoly in that specified sector or subsector. Paragraph 1 of the GT&T 1990 Licence sets out WT/TPR/M/320/Add.1 
 
- 30 - 
 
  the areas in which GT&T holds exclusive licence an d non-exclusive licence and also the duration of 
the exclusivity and duration of the Licence. 
 
Question: 
 
3. In which other sectors are exclusive licenses granted? 
 
Response: 
 
3. None. 
 
3.55 (Page 34):  It is mentioned that the period of public consultations and observations lasts 2 
months.  However, in the page of the GNBS it is established that the period of public consultations is 3 months ( http://www.gnbsgy.org/index.php/d epartments/standardisationdept ) 
 
Question: 
 
Which of the two periods is correct? 
 Response: 
 
The period for public consultation is two months. The website will be updated accordingly.  
  3.55/3.56 (Page 34):  In paragraph 3.55 it is mentioned that 80% of the Guyanese standards 
are in line with international standards and 3% have been adapted to the situation in Guyana.  
 Question: 
 What are the remaining 17%, of the Guyanese standards based on?  Response: 
 As stated at paragraph 3.56, the (remaining) 17% of standards in force are CARICOM Regional standards (which are based on international standards). 
 
Similarly, paragraph 3.56 establishes that, by ma ndate, technical standards and regulations are 
harmonized among the members of CARICOM. 
 
Question: 
 Are these standards and technical regulations harmonized with international standards? What are 
they based on? 
 Response:   
 
Yes, the standards are harmonised and based on international standards.   
 
3.57 (Page 35):  
 Question: 
 
What is the procedure for voluntary standards to become technical regulations, apart from the 
recommendation to Minister of Commerce, Industry and Tourism?  
Response: 
 
A voluntary standard is first assessed and determined by the National Standards Council to be 
made a technical regulation based on one or a combination of set criteria. The Council then 
recommends to the subject Minister for the standard to be made a technical regulation.  WT/TPR/M/320/Add.1 
 
- 31 - 
 
  Question: 
 
What is the public consultation period?  
Response: 
 
The public consultation period is two months. 
 
Question: 
 
Who can make comments? 
 
Response: 
 
Any stakeholder, including WTO members, can make comments. 
 WT/TPR/M/320/Add.1 
 
- 32 - 
 
  CHINA 
Secretariat Report (WT/TPR/S/320) 
 
Page 16, Para 1.21 
1.5.3 Foreign direct investment 
Medium and long-term private capital inflows recorded a recent peak in 2012, but started to 
decrease in 2013. 
 
Question: 
 Please explain the reason why medium and long-ter m private capital inflows started to decrease in 
2013. 
 Response: 
 2012 was a peak year for investment flows on an increasing trend, as can be seen from the following data provided by the Guyana Offi ce for Investment and the Bank of Guyana. 
 
Year Guyana Foreign Direct 
Investment Flows (US$m)  
2010 198 
2011 247 
2012 294 
2013 214 
2014 255 
  
Page 20, Para 2.17  
The CARICOM coordinates members' external trad e policies with respect to third countries. A 
common external tariff is applied to goods originating from non-CARICOM members. With respect 
to trade, the CARICOM negotiates with third countries on behalf of all CARICOM members as a whole. 
 
Question: 
 China understands that external trade and investment talks should be conducted under the 
coordination of CARICOM. Are there any Free Trad e Agreements ("FTA") or Preferential Treatment 
Agreements under negotiation involving CARICOM or Guyana ？Does CARICOM or Guyana have any 
plan to negotiate with other economies? 
 Response: 
 
Neither Guyana nor CARICOM as a Group is currently engaged in any negotiation. CARICOM is 
committed to negotiating with third countries on the basis of a specific mandate from the CARICOM Heads of Government. There is  no current mandate to negotiate. 
 
Page 21, Para 2.27  
During the period under review, Guyana continued to implement the National Development 
Strategy, and a number of measures were adopte d along the lines of the Government's 2005 
Report on Enhancing National Competitiveness.  
Question: 
 
Please provide more details of the National Development Strategy and relevant reform measures. 
 WT/TPR/M/320/Add.1 
 
- 33 - 
 
  Response: 
 
The National Development Strategy (2000-2010) can be accessed at: http://www.guyana.org/NDS/NDS.htm  
 
The other measures referenced in the report, the National Competitiveness Strategy and the Doing Business Action Plan, were implemented through the Support for Competitiveness Program. The 
relevant project documents can be accessed at:  
http://www.iadb.org/en/projects/project- description-title,1303.html?id=gy-l1006  
 
Page 22 Para 2.30 
 
The Investment Act states that all fields of lawful economic activity are open to all investors except 
in inter alia the mining sector. According to the authorities, the restriction is applied on the ground 
of operation safety concerns as well as of envi ronmental protection. There have been no such 
exclusions during the period under review.  
Question: 
 
Please explain in detail the restrictions applied for the purpose of environmental protection. Under 
what circumstances or scenarios, can restrictions be imposed on the market access of foreign 
investors? 
 Response: 
 The statement "According to the authorities, the restriction is applied on the ground of operation safety concerns as well as of environmental protection" is incorrect and should be deleted from the 
text in paragraph 2.30. 
 Question: 
 
Are there any cases of restricting foreign investment due to environmental reasons beyond the 
period of this review? If yes, please provide details.  
Response: 
  
There is no known case of a foreign investment being restricted due to environmental reasons in 
the area of mining, beyond the period of this review. 
 Page 30, Para 3.33  
…the value-added tax (VAT), excise tax, environmental tax, and stamp duties are applied to 
certain imports… 
Page 31, Para 3.37 
An environmental tax is imposed on any non-returnable metal, plastic, glass or cardboard 
containers of beverages imported into Guyana at a rate of G$10 per unit of containers. The tax is 
not levied on equivalents for domestically-produced beverages. The authorities note that importers 
may have the environmental tax refunded if the containers are collected and exported. 
 Question: 
 
Apart from the above-mentioned container of certain imported goods, are there any other 
imported goods subject to environmenta l tax? What are they specifically? 
 
Response: 
 
The application of the Environmental Tax has been repealed by the Government by Act No.6 of 
2015 which amended the Customs Act Section 7A and enacted by the Parliament on 30 July 2015.  
 WT/TPR/M/320/Add.1 
 
- 34 - 
 
  Question: 
 
How is the waste of container of domestic-produced goods collected and disposed?  
Response: 
 
The Government is reviewing the existing systems for the collection and disposal of solid waste 
throughout the country and is working with the various local municipal authorities and other 
stakeholders, including the private sector, to implement a sustainable and cost effective country-wide programme on solid waste management.   
Question: 
 
Please elaborate on the export refund policy applied to such waste of container. 
 
Response: 
  
Not applicable. 
 
Page 51, Para 4.28 
 
T h e r e  a r e  n o  r e s t r i c t i o n s  o n  w h o  m a y  l e a s e  f o r e s t s .  H o w e v e r ,  o n l y  c i t i z e n s  o f  G u y a n a  m a y  b e  granted exploratory permits as individuals; such permits may be obtained by either domestic or 
foreign corporations. 
 
Question: 
 
When foreign companies apply for exploratory permits, what kind of conditions should be satisfied 
and what formalities should be gone through? Are these conditions and formalities different from those for domestic companies? 
 
Response: 
 The conditions that must be satisfied for application of an Exploratory Permit is the same whether 
the application is being made by a foreign or domestic company. The requirements include: a 
completed application form, non-refundable app lication fee, proof of financial and technical 
competence, and audited financial statements for the past 5 years. Following the granting of a first 
time allocation of a concession as an Exploratory Permit, the requirements during this Exploratory 
Phase are also the same for foreign and domestic companies and include: the conducting of a Management Level Forest Inventor y, the developing of a Forest Management/Strategic Plan, the 
completion of an Annual Operational Plan, and the conducting of an Environmental Social Impact 
Assessment.  Page 51, Para 4.30 
…Under the Act, small and medium-scale operations are restricted to Guyanese citizens, although 
at the medium scale joint-ventures with foreign companies are permitted. Foreign companies may be granted prospecting, mining, and quarry licenses for large-scale operations. Permission may be 
granted for reconnaissance surveys over larger areas. Arrangements for large-scale operations are 
formalized and subject to more specific requirements…  
Question: 
 
Please elaborate on the definitions of operations with small-scale, medium-scale, large-scale and larger-scale. 
 
Response: 
 
Small Scale refers to land tenure (a claim) with less than 150 acres area.  Medium scale refers to 
land tenure (block) between 150 acres - 1200 acres.  
Large scale refers to land tenure in excess of 1200 acres. There is no "larger – scale" category.  WT/TPR/M/320/Add.1 
 
- 35 - 
 
   
The Mining Regulation No. 3 of 2005 recognizes mining operations of three (3) different scales.   A Small Scale Mine means a Mine which is subject to a claim licence and from which a volume in 
excess of 20m3 but less than 200m3 of material inclusive of overburden, is excavated or processed 
in a continuous 24 hours period.  A Small Scale miner is any person who operates a small scale 
mine. A Medium Scale Mine means a mine which is subject to a Mining Permit and from which a 
volume in excess of 200m3 but less than 1000m3 of material inclusive of overburden, is excavated 
or processed in any continuous 24 hours period.  A Medium Scale miner means any person who 
operates a medium scale mine. A Large Scale Mine means a mine which is subject to a Mining 
License and from which a minimum volume in excess of 1000 m3 of material inclusive of overburden is excavated or processed in any continuous period of 24 hours. A large Scale Miner 
means any person who operates a large scale mine. 
 Question: 
 When foreign companies apply for mining permits, what kind of conditions should be satisfied and what formalities should be gone through, especially for the permits of large-scale projects? 
 
Response: 
 Foreign companies may apply for Mining Licences (Large Scale). 
 
Any applicant for a Mining Licence must demonstrate technical ability and understanding of the geological terrains as well as financial soundness and be of good repute.  In the main, feasibility 
Studies, mine Plan and Environmental Permits are all prior submissions to be made before the 
grant of a Mining Licence.  
Page 56, Para 4.64 
 The Caribbean Community (Movement of Factors) Act, No. 7 of 2006, gives nationals of CARICOM 
member states the right to provide services in Guyana without discrimination on the grounds of 
nationality. Incremental steps have also been taken towards the stated goal of free movement of 
CARICOM nationals (Chapter 3, Article 45 of the Revised Treaty), and this may encourage intra-CARICOM trade in services through the presence of natural persons (mode 4). Nine groups of 
persons are currently permitted to work and reside in any of the CSME member states without a 
work permit: university graduates, media workers, sports persons, artists, musicians, qualified 
artisans, non-graduate qualified teachers, and nur ses, and holders of associate degrees and their 
equivalents. The Caribbean Community (Free Entry of Skilled Nationals) Act implements these 
requirements in Guyana with respect to skilled nationals who are holders of university degrees, and an order made under the Immigration Act (No.  17 of 2003) implements this requirement with 
respect to some of the other categories of sk illed nationals, but only  from certain CARICOM 
countries. 
  Question: 
 Regulations on trade in services of Guyana and the Caribbean Community were mentioned in the report. How do the regulations provide for the trade in services of traditional Chinese medicine 
between Guyana and China? 
 Response: 
 
The regulations referred to deal specifically wi th the free movement of CARICOM Skilled Nationals 
within the CARICOM Single Market and Economy.  
Question: 
 
What are the Guyana government's concrete stipulations to the providers of trade in services of 
traditional Chinese medicine in the mode of movement of natural persons? 
 WT/TPR/M/320/Add.1 
 
- 36 - 
 
  Response: 
 
The Caribbean Community (Movement of Factors)  Act No. 7 of 2006 deals with the rights of 
CARICOM Nationals to provide Services in Guyana. 
 
Page 57, Para 4.65 
4.5.2 Financial services 
During the period under Review, Guyana adopted inter alia : The Credit Reporting Act of 2010 with 
a view to improving competitiveness by establishing a credit reporting system.  Question: 
 Please update us on the establishment of the cr edit reporting system and its main functions. 
 
Response: 
 
The Credit Reporting Act 2010 came into effect on  April 15, 2011. The Credit Bureau-Credit Info 
(Guyana) Inc., was licensed by the Bank of Guya na on July 15, 2013.  The Bureau currently has 
16 Credit Information Providers (CIPs) which include: 6 Commercial Banks, 2 Non-bank financial institutions, 4 Utility companies, 2 Hire Purchase companies and 2 Commercial business companies. 
   
Creditinfo (Guyana) Inc. collects and processes credit information from lenders and information 
from other sources on a consumer to create comprehensive credit reports and other value-added 
services. 
   The main functions of the Credit Bureau include: 
 
 Collecting credit information from lenders and from other sources on a consumer for the 
purpose of facilitating access to credit. 
 Processing information and creating comprehe nsive credit reports and other value added 
services which are sold for a fee. 
 Helps to prevent fraud since the bureau has access to an extensive database of customers, 
lenders can reference personal details to ensure  the loans are not taken in different names. 
 Reducing credit risk:  the Bureau helps to id entify credit risk by observing bad payment 
history. In this case, overdue payments can be recognized and decisions to grant further 
credit can be taken with this in mind.   
Page 76, Para 3.154 
4.5.3 Telecommunications 
Acknowledging the importance of addressing this problem, the Government has been taking steps 
to issue new legislation supporting a more liberalized telecommunications sector.   
Question: 
 
Please introduce the main content of the newly-issued legislation and explain how it helps 
liberalize the telecom market. Are there any special stipulations applied to foreign investors 
engaging in the telecommunication sector?  
Response:  
    
The legislation has not yet been submitted to the House and the broad elements are as explained above. 
  
It seeks to nullify the GT&T agreement and allow for other companies to enter the local market, offering a variety of services and benefits, in cluding more bandwidth, more mobile service 
providers, more landlines and a host of other in ternet-related services. It will also address a 
number of Internet Protocol service providers and other companies interested in offering services 
in the field. 
 WT/TPR/M/320/Add.1 
 
- 37 - 
 
  Under the legislation, the Telecommunications Agency, which the National Frequency Monitoring 
Unit (NFMU) will fall, will be the technical regulator while the Public Utilities Commission will function as the economic regulator for the sector. It also seeks to provide the establishment of a  
telecommunications agency and for a regula r, coordinated, open and competitive 
telecommunications sector and other related matters. 
 The new Public Utilities Commission Act will to facilitate the provisions of the Telecommunications 
Bill, inter alia . 
 The Minister, will among other things, be responsible for developing policy, overseeing the agency and granting and denying applications for licences and frequency authorisations. 
 
Government Report (WT/TPR/G/320) 
 
Page 3, Para 1.3 
…In keeping with the new government's vision and economic development programme, several 
public sector reforms, such as the following, have been initiated or announced as key and critical 
priorities... 
 (i) Strengthening of the trade and investment  regimes through appropriate amendments to 
laws for tax reform and non-discriminatory treatment of investors. 
 
(ix) Improvement to trade and environment relations through promotion of a "green economy", sustainable harvesting of Guyana's forest products and rigorous enforcement of environmental 
legislation, including reform of the environmental tax... 
 Question: 
 Please introduce the concrete reform measures to ensure non-discriminatory treatment for investors.  
Response: 
 
The Government has outlined its intention in the 2015 National Budget to review and reform the 
general framework and regulatory environment for doing business in Guyana. These reforms will 
target the Tax Administration System, the Public  Service and the Public Procurement System, as 
well as options for reform to the General Investment Framework. 
 
Question: 
 What new measures has Guyana adopted to improve trade and environment relations? 
 
Response: 
 
This matter is under review by the (new) Government.  
 Question: 
  Please elaborate on the reform of environmental tax.  Response: 
 The application of the Environmental Tax has been repealed by the Government by Act No.6 of 2015 which amended the Customs Act Section 7A and enacted by the Parliament on 30 July 2015 . 
  
Question: 
 
Apart from the reform of environmental tax, what extra measures and instruments does or will 
Guyana adopt to enhance the implementation of environmental legislation?  WT/TPR/M/320/Add.1 
 
- 38 - 
 
  Response: 
  
Guyana has in place it's Environmental Protection Act (1996) and is soon to consider a National Environmental Policy. Guyana is also in the final stages of enacting the Environmental Compliance 
and Regulations, with a view to improv ing the legislation and enforcement.  
 
The Environmental Protection Agency (EPA) will see potential restructuring to: 
 
 Conduct a Legislative Gap Analysis in preparation of a draft Bill to amend the 
Environmental Protection Act, 1996 
 Identify and recommend suitable Cost Recovery and Revenue Generation Options for the 
EPA; and 
 Develop an Institutional Strengthening Program to enable the EPA to effectively execute 
its mandate, all in a combined effort to enhance the implementation of our environmental 
laws and regulations with the aim of ensu ring transparency and its effectiveness. 
 Page 5, Para 4.4 
 
…For this to happen, however, the capacity of Guyanese services providers to access export 
markets will have to be further developed through foreign investment and aid for trade support… 
 
Question: 
 In order to expand the export of services, will Guyana further liberalize market access for foreign 
investors to attract more foreign investment? 
 Response: 
 The Government will consider all possible options in its pursuit of increased foreign direct investment and economic diversification. 
 
 WT/TPR/M/320/Add.1 
 
- 39 - 
 
  REPUBLIC OF KOREA 
Secretariat Report (WT/TPR/S/320) 
 
Page 14 (Para 1.17), Pages 36-37 (Para 3.69) 
 In nominal value terms, exports increased by about 46% between 2009 and 2014, to reach US$1,147 million (Table A1.1). Guyana has historically been a large exporter of commodities such 
as mineral products, sugar, and rice. In 2014, Guyana's main export items included precious 
stones and metals (including gold) (27.2% of Gu yana's exports), followed by vegetable products 
(21.8%), prepared foodstuffs and beverages (21.0%) and mineral products (12.5%) (Chart 1.1). Compared with 2009, the share of precious stones and metals decreased substantially, while that 
of vegetable products and prepared foodstuffs and beverages increased. 
 The authorities consider that more technical assist ance is needed to improve the transparency of 
Guyana's SPS regime. Most of Guyana's SPS measur es are defined in the implementing regulations 
of relevant acts; they are largely inaccessible electronically. Many SPS measures pre-date the creation of the WTO and have not been revised. There are four products prohibited from imports 
on the grounds of SPS consideration (Table 3.11). 
 Question: 
 
According to paragraph 3.69, Guyana's SPS measures are not available in a readily accessible 
electronic format. Please provide further information on what technical assistance is needed to improve the transparency of Guyana's SPS regime? 
 
Response: 
 
Technical Assistance is needed mainly to (i) Revi ew and update SPS regime and (ii) Provide online 
access to the public.    Question: 
 While Guyana has historically been a large exporter  of rice, it is said that, since 1938, Guyana has 
prohibited the import of rice seed on the grounds of certain SPS considerations. Please elaborate in 
detail on what kinds of SPS considerations area work in this case? 
 Response: 
 "The Prohibition of Importation Order (O. In C. 17/8/1938) - Rice Seed (padi) unless the written authorization of the Chief Agricultural Officer was obtained." This prohibition order was put in place as a result of the presence of the Plant Disease Blast (Piricularia Oryzae) within the region, given 
that rice was and continues to be Guyana's major exported agricultural commodity. This 
Prohibition Order was repealed in 2011.  WT/TPR/M/320/Add.1 
 
- 40 - 
 
  TRINIDAD AND TOBAGO 
Secretariat Report (WT/TPR/S/320) 
 
SECTION 3: TRADE POLICIES AND PRACTICES BY MEASURES 
(3.1)  Measures directly affecting imports 
(3.1.5) Internal taxes and other charges collected at the border 
(3.1.5.1) Internal taxes 
 
(a) Paragraph 3.34 (page 30): "Zero rated VATs are applied to some locally-produced products but not to their imported equivalents". It is noted that such a measure provides the domestic industry with a significant cost advantage and this issue was raised at Guyana's last trade policy 
review in 2009. Guyana in response to the question posed elaborated: 
 Certain exemptions for some locally produced it ems existed under the previous consumption tax. 
VAT replaced the consumption tax in 2007, and some of these exemptions still remain. This matter 
will be reviewed by the government in light of its obligations under the GATT. It should be noted that such exemptions apply only for a small number of items, and the volume of local production is 
generally very low for these products. 
 Question: 
 
Can Guyana provide an update on the outcome of its review of this measure since its last trade 
policy review in 2009?  
Response: 
 
This measure was repealed by the Government in August 2015. 
 
(b) Paragraph 3.37 (page 31): "An environmental tax is imposed on any non-refundable metal, plastic. Glass or cardboard containers of beverages imported into Guyana at a rate of G$10 per unit of containers. The tax is not levied on equiva lents for domestically-produced beverages." It is 
also noted that the Government had proposed a Customs Amendment Bill which sought to reform 
the environmental tax, but the Bill was no t approved by the National Assembly.  
 
Question: 
 
When does Guyana anticipate that this Bill will be approved and made into Legislation? Does the 
proposed amendment address the discriminatory na ture of the environmental tax and the refund 
system?  Response: 
 The application of the Environmental Tax has been repealed by the Government by Act No.6 of 2015 which amended the Customs Act Section 7A and enacted by the Parliament on 30 July 2015. 
 
(3.2)  Measures directly affecting exports (3.2.4) Export Support and Promotion 
 
(a) Paragraph 3.81 (page 38): Trinidad and Tobago wishes to commend the export allowance initiative offered by Guyana in an effort to expand non-traditional exports and increase market presence. 
 
SECTION 4: TRADE POLICIES BY SECTOR  
(4.5)  Services 
(4.5.1) Main Features  
(a) Paragraph 4.64 (page 56): It is elaborated that Guyana, through an order made under the 
Immigration Act (No.17 of 2003) implements Free Movement of Skilled Nationals requirements with respect to some of the other categories of skilled nationals (apart from holders of university WT/TPR/M/320/Add.1 
 
- 41 - 
 
  degrees), and only from certain CARICOM countries. 
 Question: 
 
Can Guyana specify the other categories covered under the legislation and the respective 
CARICOM countries?  
Response: 
 
The categories specified under this legislation are other skilled and professional personnel, contract 
workers on a seasonal basis, persons engaged in visual and performing arts, persons engaged in 
sports and persons engaged in media. The resp ective countries are Antigua and Barbuda, the 
Bahamas, Barbados, Belize , Dominica, Grenada, Jamaica, Montserrat, St. Christopher and Nevis, 
St. Lucia, St. Vincent and the Grenadines, Suriname and Trinidad and Tobago. 
 
(4.5) Services (4.5.2) Financial Services 
(4.5.2.1) Banking 
 (a) Paragraph 4.78 (page 58): It was highlighted that there is no deposit insurance scheme currently applied in Guyana. Therefore, in lieu of  a national scheme, is there any self-regulatory 
mechanism whereby each institution is responsible for such an activity. Deposit Insurance 
Schemes have been seen as tools to ensure depositor confidence.   
Question: 
 
Has Guyana considered the implementation  of such a regulation in the future? 
 
Response: 
 The establishment of a Deposit Insurance Scheme is being considered by the Bank of Guyana. 
 
Government Report (WT/TPR/G/320) 
 
SECTION 4: ECONOMIC INFRASTR UCTURE AND DIVERSIFICATION 
 (4.2)  Services and Investment 
 
(a) Paragraph 4.4 (page 5):   Questions: 
 Can Guyana elaborate on the services sectors which have been earmarked for development and the measure which the country believes should be taken towards the proposed development? In 
light of the recent hydrocarbon find in Guyana, ha s energy services been considered as a priority 
area for development?  
Response: 
  
The key sectors to be targeted by the Governme nt in the immediate to medium term are: ICT 
(including Telecommunications) through improved liberalization and public access; Tourism 
through increased marketing, product development and services trade data collection; Education 
Services in terms of language training and tertiary programmes etc; and Cultural services in the literary and visual arts. 
 
Energy Services will be considered in the contex t of the overall framework for the Energy Sector. 
 WT/TPR/M/320/Add.1 
 
- 42 - 
 
  THAILAND 
Secretariat Report (WT/TPR/S/320) 
 
1.1.  SUMMARY  
Page 6 (Paragraph 5) 
Questions: 
 
Which countries are the major trading partners of Guyana in the primary commodities? What is the 
expected trend in the future?  Responses: 
 Sugar - EU + CARICOM, US Rice - Venezuela (2014), EU and CARICOM 
Gold - United States, Canada 
Timber - China Shrimp (Seafood) – United States, EU, Canada 
Bauxite – EU, China, Canada 
Rum – EU, Canada, US  Guyana is keen on diversifying its export destinations. For rice new and expanded markets are 
being explored in Latin America and Africa.  With  respect to sugar the greater focus will be on 
value-added and packaged sugar.  
1.2.  TRADE AND INVESTMENT REGIME 
Page 20 (paragraph 2.19) 
 
Questions: 
 
Does the scope of powers and duties of the CARICOM Competition Commission overlap that of Guyana's Competition and Consumer Affairs Commission (CCAC)?  If so, is there any legal solution 
to this overlapping problem? (For example, in which case will the CARICOM Competition 
Commission have the jurisdiction, and in which case will the CCAC have the jurisdiction?)  
Responses: 
 
The Guyana Competition and Consumer Affairs Commission (CCAC) is established under the 
Guyana Competition and Fair Trading Act 2006 (CFTA). The Guyana Competition Commission, 
therefore, enforces competition law within its jurisdiction, while the CARICOM Competition Commission (CCC) has the responsibility of enforc ing competition law within the CARICOM Single 
Market & Economy (CSME). The Guyana Competition Commission does not have jurisdiction 
outside the borders of Guyana. 
 The CCC, in carrying out its functions under the Re vised Treaty, has to also  operate according to 
the national competition law in each Member Stat e. As such, the CCC continues to work with the 
Member States to support their implementation of the national requirements of Chapter VIII of the 
Revised Treaty. 
 
Article 170 of Chapter VIII of the Revised Trea ty of Chaguaramas requires the Community to 
establish appropriate norms and institutional arrangements to prohibit and penalize anti-competitive business conduct. The Member States must ensure that institutional arrangements 
and legislative measures are adopted to ensure consistency and compliance with rules of 
competition. Article 171 establishes a Competition Commission for the purpose of implementation of the Community Competition Policy. The functions to be discharged by the CCC are contained in 
Article 173. The primary functions are to: apply the rules of competition in respect of cross-border 
anticompetitive conduct; to promote and protect competition in the Community and to coordinate WT/TPR/M/320/Add.1 
 
- 43 - 
 
  the implementation of the Community Competition Policy. Article 174 grants extensive powers to 
the Commission to enable it to discharge these functions.  1.3.  TRADE POLICIES AND PRACTICES BY MEASURE 
Page 29 (paragraph 3.1.0.4) 
 Question:   
 Besides preferential tariffs, does Guyana offer any other non-tariff privile ges to CARICOM Members 
and Guyana's trading partners? Please identify.  
Response: 
 
Yes. The import licensing regime being implemented in Guyana does not apply to CARICOM 
member states. 
 Page 42 (paragraph 3.105) 
 
Question: 
 Has there been a case where the CCAC considered that "an agreement was not considered anti-
competitive because it contributes to: the improvemen t of production or distribution of goods, or 
the promotion of technical or economic progress, while allowing consumers a fair share of the resulting benefit"?  If so, please provide detail of the CCAC's consideration in such case. 
 
Response: 
 
The question refers to Section 20, subsection 3 of the Competition and Consumer Affairs Act 
(CFTA) which gives the conditions under which an agreement is not considered anti-competitive because of its resultant benefits to the consumer and the economy at large. There has not been any case which the CCAC considered as satisfying the conditions under Section 20, subsection 3 of 
the CFTA. 
Page 46 (paragraph 3.156) 
Question: 
What does the phrase "Trademarks granted in the United Kingdom are recognized in Guyana" 
mean? How does such recognition affect the re gistration of a new trademark application? 
 
Response: 
 
A Trademark that is registered in the United Kingdom can be automatically registered in Guyana. (Please refer to Part II of the Trademarks Act Chapter 90:01 
(http://www.wipo.int/edocs/lexdo cs/laws/en/gy/gy001en.pdf). 
 
A new trademark application will not be accepted if it conflicts with the already registered United 
Kingdom trademark. Please refer to Sections 13 and 14 of the Trademarks Act. 
 
Page 49 (paragraph 4.15) 
 
Questions: 
 
1. Please provide information on what kind of the subsidies the government grants to Guysuco. 
 2. Could Guyana elaborate on the Sugar Modernization Programme in terms of the objectives and implementation of the Project, please also provide the reasons for the waiving of the loan 
repayment. 
 WT/TPR/M/320/Add.1 
 
- 44 - 
 
  Response: 
 
This information is being researched and will be provided at a later date.  
Page 50 (paragraph 4.22) 
 
Question: 
 
1. Please describe the criteria for tax exemption to assist fishing industry. 
 
Response: 
 1. Fishing Industry operators with licenses are eligible for exemption from Customs Duty for 
items such as spares, packaging materials, fishing nets, floats, fishing vessels and a wide range of 
fishing equipment. 
 
Question: 
 
2. Are there any benefits and incentives provided to foreign companies who are interested in investing in the fisheries sector?  
Response: 
 
2.  Yes, there is a list of incentives for local and foreign investors in the fisheries sector. Any 
foreign company interested in investing in Guyana  may apply to the Guyana Office for Investment 
(Go-Invest).  
__________