WT/TPR/M/308/Add.1
5 March 2015
(15-1268)  Page: 1/55
Trade Policy Review Body 
27 and 29 January 2015 Original: English/anglais/inglés
 
  TRADE POLICY REVIEW 
BARBADOS  
MINUTES OF THE MEETING 
 Addendum  
Chairperson: H.E. Ms Mariam Salleh (Malaysia) 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by Barbados.1 
 
 
Organe d'examen des politiques commerciales 
27 et 29 janvier 2015 
EXAMEN DES POLITIQUES COMMERCIALES 
BARBADE  
COMPTE RENDU DE LA RÉUNION 
Addendum 
Présidente: S.E. Mlle. Mariam Salleh (Malaisie) 
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionne lles, et les réponses fournies par Barbade.1 
 
 
Órgano de Examen de las Políticas Comerciales 
27 y 29 de enero de 2015 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
BARBADOS  
ACTA DE LA REUNIÓN 
Addendum 
Presidenta: Excma. Sra. Mariam Salleh (Malasia) 
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por 
Barbados.1 
                                               
1 In English only./En anglais seulement./En inglés solamente. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM CHINA 
REPORT BY THE SECRETARIAT 
 P7 Barbados is in the process of establishing a National Agricultural Health and Food Control 
Agency (NAHFCA), to be responsible for sanitary  and phytosanitary (SPS) issues. ... This is 
expected to help address current shortcomings, na mely fragmented and/or outdated legislation, 
multiple jurisdictions as well as weaknesses in surveillance, monitoring and enforcement. 
 
Q1. Please describe how Barbados is going to make amendments to its fragmented legislation, reorganize its multiple jurisdictions and address weaknesses in surveillance in SPS areas?  
RESPONSE: The Government of Barbados (GoB) has developed the Agricultural Health 
and Food Control Programme. Under this programme consultants were hired to review 
the current Legislative and Regulatory Fr amework of Agricultural Health and Food 
Control System, make recommendations for a modern system and identify legislation required to modernize the system.  
 
The modernized system propos es that NAHFCA will develop and/or upgrade legislation 
and regulations relating to food safety, plan t, and animal health. NAHFCA will coordinate 
the work of all agencies involved in these ar eas to prevent duplication of efforts. This 
will also address the weakness es in surveillance in SPS areas through training and 
development of individuals a ssigned to this activity. 
 
The GoB has also benefited from a legislative review of the Veterinary Services by the 
World Organisation for Animal Health’s (OIE) Veterinary Legislative Support 
Programme. In that regard consideration is being given to the establishment of a 
Veterinary Legislation Agr eement with the OIE under which the OIE will provide 
technical and scientific advice with respec t to the required laws and regulations. 
 
In addition, the GoB is expecting to benefit from the activities under the three 
components of the regional Sanitary and Ph ytosanitary (SPS) programme funded by the 
European Union (EU) and being implemente d by the Inter-American Institute for 
Cooperation on Agriculture (IICA) in colla boration with the CARICOM Secretariat and 
the Caribbean Regional Fisheries Mechanism (CRFM) titled “Support to the Caribbean 
Forum of ACP States in the implementati on of Commitments Undertaken under the 
Economic Partnership Agreement (EPA): Sa nitary and Phytosanitary (SPS) Measures. 
The components include: (i) Legislation; (ii)  Coordination and (iii) Capacity Building. 
 
P65 3.3 Measures Affecting Production and Trade 
3.3.1 Incentives 
 
3.108. The Government of Barbados manages a number of incentives schemes, particularly tax incentives, which are available to companies in va rious sectors, from agri-food and manufacturing 
to tourism and financial services. As noted above, Barbados is in the process of eliminating the 
export subsidy component of its different incentives programmers and has committed to do so by 31 December 2015.  
Q2. Please illustrate the measures and steps Barbados has taken to eliminate the export subsidy 
component of its different incentives programmes in order to bring them in line with WTO commitment. 
 
RESPONSE:  There are various pieces of legislation stated under 3.3.1 ‘Incentives” which 
make provision for entities to obtain co ncessions that are linked to the export 
performance of the company. Clauses that grant such conc essions will be removed from 
the various pieces of legislation. To this end:  
• Meetings have been held with the vari ous stakeholders to review the various 
pieces of legislation; 
• Offending clauses have been identified; and WT/TPR/M/308/Add.1 
 
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  • Action will be taken to amend the variou s pieces of legislation accordingly. 
 REPORT BY BARBADOS P8 
6 TRADE RELATIONS 
6.1 CARICOM Single Market and Economy  
6.2. In 2006, Barbados joined other CARICOM countries in creating the CARICOM Single Market. In 
preparation for this, it passed the CARICOM Single Market and Economy Act in 2004 which amended a number of pieces of legislation to make them compatible with the Revised Treaty of Chaguaramas. 
 
Q3. What are the benefits and the challenges for Barbados to join CARICOM Single Market? When is the single market going to be established as the target of 2015 has been postponed? 
 
RESPONSE: Barbados is committed to deepenin g its traditional and historical linkages 
with its neighbours and trading partners. With our shared history and common 
challenges, Barbados considers cooperation with  similar neighbouring small states to be 
mutually advantageous. To this end Barbados was among those paving the way for the Free Trade Area among CARICOM states and now leads the integration process towards 
a Single Market and Economy. The CARICOM Market is the third largest market for 
Barbadian goods exports and tourism travel exports. Barbados enjoys duty-free access 
for its goods, services and investment in CA RICOM country markets. The benefits of the 
Single Market to Barbados are therefore very clear. 
 
The deeper liberalization of the domestic  market towards CARICOM goods, skills, 
establishment and services called for new institutions to be established in Barbados and 
revised procedures and legislation to go vern the integration process. The main 
challenges arose from the impact of the Great Recession which followed the launch of 
the CSME as the resources which could be dedicated to the integration effort in 
Barbados were drastically reduced. 
 
The Single Market is functioning across all participating states but can be improved.  
Much of the intended progress was delayed by  the Great Recession and its impact on the 
small economies of CARICOM. Re sources intended for regional institutions and improved 
services had to be diverted to key nation al priorities as Government revenues fell 
markedly since 2008.  Several projects are underway, with assistance from key partner 
countries such as the EU and Canada, aimed at improving the operations of the five 
regimes of the Single Market – Goods, Services, Establishment, Capital and Skills.  It is 
expected that the completion of these proj ects by each Member State will allow for 
greater participation and enjoyment of the ri ghts established by the Revised Treaty of 
Chaguaramas in the near future.  Therefore the Community is expected to achieve the 
degree of harmonization and business facilitat ion intended for the Single Market when 
the 2015 targets were originally established, albeit with different and more realistic 
timelines. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM TURKEY 
THE SECRETARIAT REPORT 
1.2 Monetary and exchange rate policy, pg. 13, para. 1.11 
It is mentioned in the report that “Monetary policy is carried out under the framework of a fixed 
exchange rate system with the U.S. dollar. The Barbados dollar is pegged to the U.S. dollar at 
BDS$2 per US$1.” At the summary part of the repo rt, it is also mentioned that “The Barbados 
dollar continues to be pegged to the U.S. dollar , at a rate of 2 to 1. Despite the apparent 
overvaluation of the currency, the authorities consider that the peg is a pillar for macroeconomic stability.” 
 
As overvalued currency will make exports uncompetitive in the international market, could Barbados Delegation kindly give information how do they protect export industries from the drawbacks of overvalued exchange rate? 
 
RESPONSE: Barbados does not support the view that our national currency is 
overvalued. 
 
3.1.8 Technical regulations and standards pg. 53, para. 3.56 It is expressed in the Secretariat Report that “There are currently no laboratory-accrediting 
organizations in Barbados. National laboratories must seek accreditation from overseas-based 
organizations.”  It is mentioned in the passage that Barbados Government promotes export, moreover, a number 
of special programmes are coordinated by Export  Development Division, which is the economic 
development agency of the Government of Barbados. Do Barbados plan to establish laboratory-accrediting organization in the medium-long term taking into account that obtaining that service 
from abroad creates cost and burden for exporter s, thus have negative impacts on the domestic 
economy?  
RESPONSE:  Barbados does not plan to establish a laboratory-accrediting organization in 
the medium term. Accreditation services are to be provided through a regional scheme, 
the Caribbean Cooperation for Accreditatio n (CCA) being established by the CARICOM 
Regional Organization for Standards and Qua lity (CROSQ). It will seek to provide an 
approach that would facilitate co-ordination for laboratory accreditation regionally in a 
manner that leverages capacity, harmonizes processes and procedures and ensures that 
quality service is maintained while being co st-effective internationally recognized and 
accepted globally. 
 The CCA will operate as a unit within CROS Q for the facilitation of cost-effective 
accreditation solutions for the region. The main objectives of the CCA are: 
 For clients and the National Accr editation Focal Points (NAFPs):  to provide 
internationally recognized Accreditation Se rvices that are economical, affordable, 
convenient and readily accessible in the region. 
 For the regionally located National Accreditation Bodies (NABs):  to create opportunities 
for market expansion and new product develo pment, thereby assisting their growth and 
development in a sustainable manner.  
The CCA system will be regional accreditation service that would be available initially for 
private and public sector clinical, testin g and calibration laboratories within the 
Caribbean economies. It is expected, however,  that this scope will have to be extended 
to include existing certification and inspection bodies. 
 
1.2 Monetary and exchange rate policy, pg. 15, para. 1.22 
It is mentioned in the report that “State-own ed enterprises (SOEs) have cost the exchequer 
approximately 2.5% of GDP per year. Most SOEs op erate at a loss; in addition, there seems to be 
a lack of oversight or accountability with respect to SOEs, as these have not submitted financial 
reports for many years, which, inter alia, makes budgeting for such entities difficult. The 
authorities have put in place the Barbados State Enterprises Oversight Committee to review the WT/TPR/M/308/Add.1 
 
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  operations of SOEs in order to provide the Ministry of Finance with recommendations for improving 
the governance of these entities, especially with respect to financial reporting, as well as for 
addressing financing gaps and arrears and reducing the costs of operations. The Committee is also expected to provide the Ministry of Finance with recommendations on alternatives for restructuring 
the operations of some SOEs.” 
 Could Barbados Delegation kindly give information if there is any additional effort to make 
structural reforms on operating SOE’s besides implemented regulation on audit activities? 
 RESPONSE: A pivotal element of the national medium-term fiscal consolidation and 
economic reform programme is government ’s intention to build better operational 
synergies and efficiencies in the functions of  a number of key statutory entities. This is 
being undertaken not only to assist in cu tting government’s overall expenditure but 
building operational platforms to allow for a higher quality of service delivery to the 
public at less cost. A number of reforms of the functions of a network of State Owned 
Enterprises have been approved at the level of the Cabinet.  
In addition, critical work and special moni toring by both the up-scaled Management 
Accounting Unit in the Minist ry of Finance and the specia l Oversight Committee on State-
Owned Enterprises is being undertaken in co njunction with agencies to control their 
expenditure programmes. 
 
3.1.6 Import prohibitions, restrictions, and licensing, pg. 46-47, para. 3.27-3.28 It is underlined in the Secretariat Report that “Barbados continues to maintain a licensing regime 
that favours imports from other CARICOM partners…Under the Miscellaneous Controls (General 
Open Import Licence) Regulations, 2014, there ar e two schedules listing goods for which licences 
must be obtained: the First Schedule applies to imports originating outside CARICOM countries, 
and the Third Schedule applies to goods originating within CARICOM. The authorities stated that 
the different application of automatic licensing to CARICOM and non-CARICOM countries reflects different monitoring requirements.”  
Considering Barbados’ positive discrimination for imports from CARICOM partners and different 
automatic import licensing implementations between CARICOM and non-CARICOM countries, could Barbados kindly explain major differences in th e import licensing requirements applied to the 
countries under these two categories? 
 RESPONSE: More time is required to provide a response to this question. 
 
2.4 Investment regime, pg. 33, para. 2.59 It is mentioned in the Secretariat Report that “Barbados does not have specific legislation with respect to foreign investment. No specific legal references are made with respect to any foreign 
investment restrictions, except those made in th e context of the CARIFORUM-EU EPA. Similarly, 
and despite liberal market access and establishment conditions in practice, there is no specific piece of legislation explicitly guaranteeing ma rket access or national treatment to foreign 
investors, except for CARICOM nationals and comp anies, and, since 2009, the commitments made 
to the EU under the EPA. These guarantees as well as MFN and national treatment commitments are, however, specified in the different bilateral investment treaties signed by Barbados. In this 
respect, it would be desirable for Barbados to incorporate this treatment as well as investment 
guarantees in an Investment Act, which would apply to all trading partners and could be invoked in the courts. This would enhance the stability and predictability of the investment regime and would contribute to attracting new investors, including from countries with which Barbados has a 
bilateral investment agreement.” 
 Could Barbados kindly give information on efforts to guarantee market access or national 
treatment for foreign investors? 
 RESPONSE: More time is required to provide a response to this question. 
 
3.2.4 Export support, pg. 57 and 59, para. 3.83, 3.87 and 3.89 In the Secretariat Report, the following paragrap hs give information about three export support 
programs,  WT/TPR/M/308/Add.1 
 
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  “3.83. The Fiscal Incentives Act provides benefits to companies registered in Barbados that satisfy 
specific criteria and are granted approved enterprise status, producing an approved product. A list of approved enterprises is contained in the Fiscal Incentives (Declaration of Approved Enterprises) 
Orders. The Schedule to the Act includes (Section 2)  a list of products excluded from the definition 
of approved products, which are generally goods produced and sold traditionally in the CARICOM 
region.  
3.87. The Export Allowance Programme grants tax advantages to enterprises that export to a non-
CARICOM country and do not obtain benefits under the Fiscal Incentives Act.  3.89. The Research and Development Allowance Programme makes allowances to businesses that 
export to a country outside the CARICOM and that engage in market R&D for the purpose of 
promoting export sales.”  
We understand that the Fiscal Incentives Act, Th e Export Allowance Programme and The Research 
and Development Allowance Programme does not provide incentives to CARICOM countries. Could Barbados Delegation kindly give information why CARICOM countries are not eligible for these 
support programs? 
 RESPONSE: The stated incentive programmes: 
 
• Fiscal Incentives Act; 
• the Export Allowance Programme; and th e Research and Development Allowance 
Programme are geared towards the developm ent and growth of the domestic/local 
industrial sector. 
 Barbados is a part of the CARICOM Custom s Market. Under this regime, the trading 
platform is deemed to be a single market  or an extension of the domestic market. 
 4.1.1 Agriculture and Fisheries Overview, pg. 84, para 4.3 It is expressed in the Secretariat Report that “Until October 2009, the sugar industry was able to 
rely on guaranteed prices which were above world prices. However, domestic reform in the EU and 
the negotiation of the reciprocal ACP-EU EPA changed the nature of the sugar trade with the EU, Barbados' largest export market for sugar.” 
 
Given the fact that the EU is Barbados’ largest expo rt market for sugar, could Barbados kindly give 
more detailed information regarding their assessment on which aspects the EU’s domestic reform 
and ACP-EU EPA negotiations will affect sugar trade? 
 RESPONSE: This assessment is currently still being carried out. 
 
4.1.2 Policies in Agriculture, pg. 86, para. 4.11 
It is mentioned in the Secretariat Report that “In 2011, Barbados notified domestic support for financial years 2002/2003 to 2006/2007. No notification has been made since then. With respect 
to export subsidies, the latest notification dates from 2009, corresponding to export subsidies 
provided to agricultural products during financial years 2002/2003, 2003/2004, 2004/2005, 2005/2006 and 2006/2007.” 
 
Could Barbados kindly specify its timetable to make up-to-date notifications to the Secretariat on its domestic support and export subsidy programs?  
RESPONSE:  Barbados is in the process of updati ng its domestic support (2007/08 to 
2012/13) and export subsidies (2008 to 2013) notifications and will submit to the WTO 
as soon as possible. 
 
THE GOVERNMENT REPORT  
2 Major Challenges, pg. 4, para. 2.3 and 8 The Way Forward, pg. 10, para. 8.8 
It is stated in the Government Report that “The price of oil continues to be a major obstacle to the levels of development which Barbados can attain. Instability in the Gulf and surrounding areas played a major role in the elevated price which Barbados paid for oil since 2008 and this has WT/TPR/M/308/Add.1 
 
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  dampened to some degree the level of development which could have been achieved during the 
period.”  Furthermore, as indicated in the Government Report, “Government is also granting incentives to 
encourage the use of solar and photovoltaic systems in both commercial and residential sectors in 
its efforts to reduce the high fu el import bill of the country.” 
 
Taking into consideration noteworthy decline in oil prices beginning from the second half of 2014, 
could Barbados make an assessment on possible econ omic benefits to arise out of reducing price 
of oil? For instance, will Barbados consider enhancing the scale of the incentives provided for the encouragement of the use of solar and photovoltaic systems? 
 
RESPONSE:  There are benefits to be derived from  falling oil prices. Those sectors which 
are energy intensive should see a reductio n in their operating costs. For a country 
whose single largest import is oil, there will be less foreign exchange leaving the 
country to pay for the same. As such foreig n exchange levels will be strengthened and 
the trade balance will be improved. 
 
Government has enacted several pieces of le gislation to encourage investment in green 
business and now provides a number of tax incentives from which businesses may stand 
to benefit. These incentives translate not on ly into substantial cost savings but also 
encourage sales of “green” products and services by making them more affordable to 
consumers.  There are also incentives availabl e to home owners as well. During the last 
eight (8) years, the fuel import bill has gene rally been increasing peaking to a high of 
BDS$807.8 M. During this period, the Government of Barbados embarked on a 
progressive effort to encourage more of re newable energy and energy efficiency to 
reduce energy costs and volatility. As a consequence, the Government proposed and 
implemented a number of fiscal  incentives. Pursuant to the implementation of these 
incentives there has been an increase by th e public to establish more renewable energy 
and energy efficiency.  
While the reduction in oil prices is encourag ing for Barbados, the primary basis on which 
the renewable energy and energy efficiency programme rest is to reduce in a substantial way the volatility expense associated with o il prices. As a net importer of oil products, 
Barbados has experienced a negative economic  impact when the price of oil increase 
Generally, it is estimated that for every re duction in the fuel import bill by $1.00, a 
contribution of $5.00 to GDP is achieved. Ho wever, it must be appreciated that other 
elements of the economy will complement  and contend with the above estimate. 
Therefore, any policy which reduces the cost of energy and price volatility will assist in 
freeing up resources for other cr itical areas of development. 
 
Barbados is keen on establishing a green ec onomy and this will mean that Barbados will 
continue to strive for high levels of re newable energy, energy efficiency and cost 
stability. This may mean that at times in centivizing renewable energy and energy 
efficiency will be necessary, an d other times it may not be required. Therefore, Barbados 
feels compelled at this time to strongly  support its renewable energy and energy 
efficiency agenda and by doing such will be in its developmental interest. 
 
2 Major Challenges, pg. 4, para. 2.6 and 6.2 CARICOM Bilaterals pg. 9 para. 6.10 It is highlighted in the Government Report that “Barbados continues to battle the position taken by 
the Organisation for Economic Cooperation and Development (OECD) with regards to the nation 
being labelled a tax haven. Barbados has, on numerous occasions, indicated to the institutions 
overseeing these global tax matters that it is a low tax jurisdiction since all funds from off-shore businesses passing through its jurisdiction are subject to taxation, though not at the same rate as 
on-shore corporate entities.” 
 In addition to that, it is expressed that “Barbados, along with the other CARICOM Member States, 
has been in negotiations with Canada for a Trade and Development Agreement since 2007. The 
Parties have been able to arrive at consensus on a number of Chapters such as Transparency in Government Procurement, Sanitary and Phytosanitary (SPS) Measures, Technical Barriers to Trade (TBT), Customs Procedures, Intellectual Property, Institutional Arrangements, Rules of Origin, and 
Trade Facilitation. Outstanding areas relate to Ma rket Access including National Treatment, Trade-WT/TPR/M/308/Add.1 
 
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  related Cooperation, Labour and Trade in Services (including Financial Service and Temporary 
Entry) and Investment.”  In the light of the facts that Barbados ranks at 3rd position in Canada’s foreign direct investment 
abroad and considered as “tax haven” especially for Canadian taxpayers, could Barbados kindly 
explain whether Trade and Development Agreement anticipated to be signed with Canada contains certain measures to make up  this deficiency or not? 
 
RESPONSE: Barbados is a low tax destination an d is not in fact a tax haven. The Region 
has put a proposal to Canada which it is hoped would bring an end to the negotiations 
and forge an agreement to the mutual benefi t of both parties. As the negotiations 
between CARICOM and Canada have not been finalised, Barbados is not is a position to 
respond to this query definitively.  
6.1 CARICOM Single Market and Economy, pg. 8, para. 6.3 
It is stated in the Government Report that “The CARICOM Single Market and Economy was to be established by 2015. However, Heads of Government at their retreat in Georgetown, Guyana, in 
May 2011 pronounced on this issue. The Heads stat ed that with regards the Single Economy, it 
was recognized that the process towards full implementation would take longer than anticipated. It was agreed that the best option would be to paus e and consolidate the gains of the Single Market 
before taking any further action on certain specific elements of the Single Economy, such as the 
creation of a single currency.” 
 As one of the founding members the Caribbean Community (CARICOM), could Barbados kindly 
identify the main barriers for the implementation of Single Economy among CARICOM member 
states?  
RESPONSE:  It is recognized that there are also  a number of economic, fiscal and 
monetary measures and policies which are also important to support the proper 
functioning of the CSME.  
These include: 
 Economic Policy measure: coordinating an d converging macro-economic policies and 
performance; harmonizing fore ign investment policy and adop ting measures to acquire, 
develop and transfer appropriate technology;  
Monetary Policy measures: coordinating exchange  rate and interest ra te policies as well 
as the commercial banking market;  Fiscal Policy measures: including coordina ting indirect taxes and national budget 
deficits. 
 In this regard, the CARICOM Heads of Gove rnment have established a Commission on 
the Economy which is pressing ahead with it s efforts to generate economic growth and 
employment in Caribbean countries. Th e Commission has already identified 
opportunities for private sector investme nt in energy, tourism, information and 
communications technology and infrastructu re, to generate economic growth and 
employment and work has also started on  identifying similar opportunities in 
agriculture, agro-industry, and intern ational business and financial services. 
 
These initiatives are being examined from fi ve perspectives: Short-term projects that 
can be implemented within a year and ac hieve some impact, while medium-term and 
longer-term projects are being developed; Private sector investment, both local and 
foreign, and private sector execution; Starting  projects in any regional country that is 
ready to move and then replicating the projects in other countries as those other countries become ready; Grouping infrastructu re projects in several countries into large 
investment blocks that are mo re financially viable to achieve critical mass and to make 
them more attractive to private investor s; and Achieving investment in economic 
growth, without adding to the fiscal strain and debt burdens of countries.  WT/TPR/M/308/Add.1 
 
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  The region is acutely conscious of the ne ed to improve business processes to best 
standards both in public administration and private sector operations and so are also 
looking at how to encourage countries to im plement structural and institutional reforms 
that reduce the hindrances to investment  and trade and advance efficient resource 
allocation. 
 THE SECRETARIAT REPORT - 1.5. Balance of Payments, pg. 16, para. 1.33 
It is mentioned in the report that “Barbados has been running persistent current account deficits. 
During the period under review Barbados' current account deficit increased from US$418 million in 2008 (9.6% of GDP) to US$488 million in 2013 (11.6% of GDP), reflecting a widening of the gap between gross domestic investment and gross national savings (Table 1.2). The deterioration in 
the current account deficit was due both to a worsening of the trade and services balances. 
Between 2007 and 2012 both exports and imports de clined. The fall in imports was brought about 
by the recession, which dampened demand. 
 
We observe that the current account deficit/GDP ratio being so high pre-crisis has still been increasing after the crisis. How does Barbados plan to structurely overcome the current account 
deficit problem and get rid of the dependence of current account balance on the tourism income in 
the near future?  RESPONSE: The reduction of the external current account deficit is a medium-term goal 
that hinges on maximizing the returns from  tourism and diversifying the economy. With 
respect to the former, steps are being taken to upgrade the infrastructure (accommodation and facilities) and address issues relating to customer service, 
competitiveness, airlift and marketing. The prospects for diversification are strongest 
for alternative energy, niches in the internat ional business and financial services sector 
and agro-industry.  
 
THE GOVERNMENT REPORT- 4.2 Manufacturing, pg. 6, para. 4.6 It is stated in the Government Report that, “The manufacturing sector remains resilient during times of economic turmoil and is recognized as a critical sector which has the potential to 
contribute significantly to job creation and the generation of foreign exchange. During the period 
2008 2012 the sector has maintained its relative contribution to real gross domestic production at 6% with the exception of the year 2011 when the sector’s contribution dropped marginally to 5%. 
Employment has been just over 9,000 or approximat ely 7% of the entire labour force. The major 
subsectors contributing towards employment are the food processing and beverage and tobacco 
subsectors.” 
 
How does Barbados plan to raise the share of manufacturing sector in GDP and employment? 
Which structural reforms will the strategic road map involve? 
RESPONSE: The Government of Barbados (GOB) is in the process of developing a Policy 
and Strategy to guide the development of the industrial sector. The main objective of the 
policy and strategy is to transform the sector  into one that is technologically driven, 
export oriented and internationally competitive. 
 The Government will reposition the Barbados  Investment and Development Corporation 
to make a more significant contribution to the development of the industrial sector.  
During the medium term the BIDC will focus on inter alia:  
• Developing a high value manufacturing sector; 
• enhanging its incubator programme; 
• encouraging the development of ‘cluster’ in key sub-sectors 
 
Further, the Small Business Development Act will be revised to provide a more enabling 
environment for the growth of the Micro Small and Medium Enterprises (MSME). WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM CANADA 
Report by Barbados – WT/TPR/G/308 
7. Multilateral Trade Relations: Trade Facilitation: paragraph 7.5, page 9:  
In the Government Report, Barbados notes that it is currently in the process scheduling the Trade 
Facilitation Agreement commitments into the vari ous categories defined in the agreement. Can 
Barbados provide an estimate of when it will be submitting its notification to the WTO Secretariat? 
 
RESPONSE: Barbados is currently formulatin g its notification for all categories of 
commitments through consultation with the va rious stakeholders and will submit to the 
WTO as soon as is feasible given capacity constraints.  WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM PERU 
Could Barbados indicate the amount assigned for the Export Promotion and Marketing Fund, as 
well as which are the beneficiary sectors? (Paragraph 3.98 of the Secretariat report)  
RESPONSE: As at December 2013 approximatel y BDS$3.1 million was available for 
lending. 
 
Could Barbados indicate the reasons which are dela ying the review of the Sustainable Agricultural 
Development draft bill? (Paragraph 4.7 of the Secretariat report)  RESPONSE: Barbados will no longer be pu rsuing the development of a Sustainable 
Agricultural Development Bill . 
 Peru invites Barbados to notify its (agricultural) domestic support measures and export subsidies. 
(Paragraph 4.11 of the Secretariat report) 
 RESPONSE: Barbados is in the process of updating its domestic support (2007/08 to 
2012/13) and export subsidies (2008 to 2013) notifications and will submit to the WTO 
as soon as is feasible given capacity constraints. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM GUATEMALA 
Could you please explain in more detail how the pr ogressive repatriation of capital system works?  
 RESPONSE: As long as the capital sums brought into Barbados are registered with the 
Central Bank of Barbados, the investment proceeds derived from the disposal of the 
investment can be repatriated. Sums in exce ss of the funds brought into Barbados (i.e 
capital gains) would also be allowed on the ba sis of a calculated annual rate of return on 
the original foreign investment as follows: 
 
i) The first years at 8% 
ii) The next five years at 5%; and 
iii) Any subsequent period at 4% 
 However it should be noted that the Centra l Bank reserves the right to stagger any 
capital gains in excess of the above capital ap preciation limits over a reasonable period 
of time. Moreover, repatriation of capital br ought into Barbados plus any gains derived 
therefrom will only be allowed provided that all statutory liabilities have been settled. 
 
What strategies has Barbados implemented to foster a further increase in the average expenditure of tourists visiting the country?  
RESPONSE:   
Barbados has developed the Tourism Master  P l a n  w h i c h  i s  e x p e c t e d  t o  b e  t h e  
government's blueprint for the industry and a guide for all the private sector and other 
players involved. 
 It will have an emphasis on marketing and attracting new investment, with a view to 
growing the sector in a sustainable manner. The 10-year-plan is seen as timely as the 
island's tourism industry has registered a decr ease in long stay arrivals so far for 2013. 
That decline compounds a similar dip last year.  
The Barbados Tourism Master Plan is expected  to improve the numbers with its focus on 
infrastructure and product development, trai ning for employees and improved transport 
systems, among other things.  Major changes have also been made to to the country's 
main marketing agency, the Barbados Tourism Authority. 
 Marketing 
 Several marketing strategies have been implemented by the Barbados Tourism Marketing Inc. (BTMI) including the following:   
a) The Barbados Island Inclusive Programme was implemented during 2014. This 
programme was used to stimulate spending by giving visitors coupons which they were able to exchange as payment at part icipating attractions and restaurants. 
 
b) Policy - The Tourism Master Plan 2014-2023  
 
The Tourism Master Plan for Barbados 2014-2023 provides a physical, environmental 
and economic plan for the balanced develo pment of all aspects of Barbados’ tourism 
product to ensure the sustainable growth an d development of the tourism industry. This 
Plan therefore includes all areas of resear ch and development of programmes necessary 
to increase tourist expenditure.  
 c) Product Development - Heritage Tour ism - UNESCO World Heritage Listing  
 
Barbados is developing its cultural herita ge tourism niche in order to diversify its 
product offering. One of the most tangible de monstrations of this strategy has been the 
acquisition of UNESCO World Heritage status fo r Historic Bridgetown and Its Garrison in 
June 2011. It is expected that this desi gnation will attract an increased number of 
tourists and hence increased visitor spend.   WT/TPR/M/308/Add.1 
 
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  d) Investment - Attracting Hotel Brands to Barbados  
 
The Government of Barbados has realized that in order to be competitive in the regional 
and global arena, it must attr act hotel brands to Barbados. In addition to the brands 
already on the island, Sandals Resorts Intern ational Inc. (SRI) is in the process of 
developing the Sandals Casuarina which is du e to open officially on January 28, 2015.  
 
e) Cruise Strategy - Development of th e Southern Caribbea n Cruise Alliance  
 A regional alliance is being developed to addr ess the critical challenges being faced in 
cruise tourism. This partnership is therefor e focused on promoting a stronger and more 
competitive identity for the participating dest inations through a clearly articulated sense 
of common purpose, harmonized promotio n and distinctive marketing strategies. 
 
What actions has Barbados carried out to reduce public spending rigidity and the achievement of 
the goals of the fiscal adjustment programme?  
RESPONSE: The Government of Barbados has embarked on a 19 month structural 
adjustment programme that involves some  fiscal consolidatio n; reform; revenue 
generation; and expenditure reduction measur es to reduce the current account deficit 
on the BOP. 
 
Do the Barbadian authorities foresee the implementation of any strategy to increase access to financing for the manufacturing sector? 
 
RESPONSE: The Government of Barbados is always reviewing the resource needs of its 
key productive sectors including the manufactu ring sector. When it is concluded that a 
sector is deficient in financial resource s, the appropriate fi nancial strategy is 
determined. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM THE EUROPEAN UNION 
 2 TRADE AND INVESTMENT REGIME 
2.4 Investment regime 
 Page 34, paragraph 2.67 
 
According to the report, non-resident investors that realize substantial capital gains could be required to repatriate their funds following a cert ain period determined by the Central Bank, which 
can be up to five years. 
 EU Question No 1: Could Barbados clarify under what condition is this phasing determined and on what legal basis? 
 
RESPONSE:  As long as the capital sums brought into Barbados are registered with the 
Central Bank of Barbados, the investment proceeds derived from the disposal of the 
investment can be repatriated. Sums in exce ss of the funds brought into Barbados (i.e. 
capital gains) would also be allowed on the ba sis of a calculated annual rate of return on 
the original foreign investment as follows: 
 
(i) The first years at 8% 
(ii) The next five years at 5%; and 
(iii)  Any subsequent period at 4%.  
 
The Central Bank reserves the right to sta gger any capital gains in excess of the above 
capital appreciation limits over a reasonable  period of time. Repatriation of capital 
brought into Barbados plus any gains derive d therefrom will only be allowed provided 
that all statutory liabilities have been settled.  
3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1.6 Import prohibitions, restrictions, and licensing 
Page 48, paragraph 3.28 
According to the report, Barbados applies different monitoring requirements to the automatic 
licensing to CARICOM and non-CARICOM countries.  
EU Question No. 2: Could Barbados clarify which are the monitoring requirements applicable to 
CARICOM and non-CARICOM countries, highlighting the differences between the two sets of requirements? 
 
RESPONSE:  More time is required to provid e a response to this question. 
3.3.5 Intellectual property rights 
Page 78, paragraph 3.176 
 According to the report, Barbados is in the process of reviewing its IPR legislation.  
EU Question No 3: Could Barbados indicate which laws exactly will be analysed as part of 
Barbados's current review of its IP legislation?  
RESPONSE:  The current review entails an analysis of the following IP legislation: 
 
•  Copyright Act, particularly as it relates to the Internet Treaties,  
• Patents Act, particularly as it rela tes to the Budapest Treaty and the 
flexibilities under the TRIPS Agreement,  
• Industrial Designs Act, and  
• Geographical Indications Act 
Page 79, table 3.11 WT/TPR/M/308/Add.1 
 
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  According to the table, Copyright (Prohibite d Imports) Regulations of 2004 and Statutory 
Instrument 2004 No. 82 of 23 June 2004 defines the procedures to be followed for the controls of border measures   
EU Questions No. 4 to No 7: Could Barbados confirm if it intends to provide ex-officio controls of 
border measures? Does Barbados provide coverage of exports and imports in its border measures? Could Barbados confirm the extent of coverage of IPRs in its general enforcement measures, as 
well as at the border? Could Barbados explain how it enables right holders from third countries to 
receive remuneration for communication to the public and broadcasting of sound recordings and audiovisual works from a legal point of view and in practice, and the value of such remuneration?  
RESPONSE: The Corporate Affairs and Intellectual Property Office is a creature of statute 
and functions in a regulatory  and administrative capacity . Its jurisdiction does not 
extend to matters of enforcement which fall  to the Royal Barbados Police Force, Her 
Majesty’s Customs and the Judiciary. 
 On this basis it is therefore our submission  that the Comptroller of Customs is best 
placed to respond to the question as to the coverage of exports and imports in our 
border measures, as well as in respect of the extent of coverage of IPRs at the border.  
 Meanwhile, we do acknowledge the enforcemen t provisions under the IP legislation as 
follows:  
 (i) Copyright 
 
The enforcement provisions under the Copyrigh t Act provide coverage for civil as well as 
criminal proceedings in the Supreme Court of  Judicature, consisting of the High Court 
and the Court of Appeal as well as the Magistrates Courts respectively. 
 Where a person’s rights are in danger of be ing infringed, are being infringed or have 
been infringed, the court may grant an injunc tion directed to the defendant forbidding 
any further infringement of the action comp lained of. An injunction may be permanent 
or interlocutory in nature.  
In circumstances where the court has found that an infringement of the plaintiff’s 
intellectual property rights has occurred the ri ght holder or plaintiff is entitled to an 
award of damages. Damages consist largely of the quantum of commercial loss due to 
the infringement of the plaint iff’s intellectual prop erty rights. The court will make an 
award based upon evidence adduced by the ri ght holder regarding the direct loss which 
has been suffered as a result of the infringi ng acts of the defendant established at the 
trial. 
 
It is also within the discretion of the cour t to order the offending party to pay the legal 
costs of the proceedings incurre d by the other party. In respect of the court’s costs and 
Attorney’s fees, such costs are normally or dered by the court to be taxed or agreed 
between the parties.  
The court may also order the infringing party or parties to deliver-up the 
infringing/illicit items inclusive of copies to gether with the means to create infringing 
materials. Under the Copyright Act the court may,  in addition to the order for delivery up 
of the infringing items, include provis ion for their seizure and destruction. 
 
By virtue of the 2004 amendment to the Copyright Act, any Magistrate may, on 
completion of the summary tria l of criminal proceedings rela ting to the infringement of 
copyright, impose a maximum fine of $100,000 or imprisonment for five years, or both. 
Where, however, the criminal proceedings are on indictment, the maximum fine which 
the High Court may impose is $500,000 or ten years imprisonment, or both. 
 
The Copyright Act at Section 138 and 139 (reproduced as Appendix I) make provision 
for members of the Royal Barbados Police Fo rce who have been issued a warrant by a 
Magistrate to enter and search premis es, remove or detain certain items. 
 WT/TPR/M/308/Add.1 
 
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  At the level of our border control official s, Customs authorities are authorized, under 
copyright and trademark legislat ion, to seize goods that infr inge IPRs to prevent them 
from entering the country, upon application to the Comptroller of Customs by the right 
holder or other authorized person. 
 
Regulation 3 of the Copyright (Prohibited Imports) Regulations, 2004 prescribes the 
form of Notice (reproduced as Appendix II) which is to be given to the Comptroller of 
Customs and Regulation 4 (reproduced as Ap pendix III) details the information which 
the applicant should furnish to the Comptro ller at the time of giving notice under 
Regulation 3.  
(ii) Trademarks 
 
The Trade Marks Act, Cap.319 (as amended) at Section 53A sets out the process 
whereby a right holder can object to an importation and apply to the Comptroller (section 53A) to initiate an IPR action. Wh ere an IPR action is initiated by the right 
holder, the Comptroller has statutory authority to detain goods (Section 53B) and give 
notice of the detention to the designat ed owner and objector (Section 53C). 
 
By virtue of Section 53D, the designated ow ner of the detained goods may at any time 
before an objector starts an action for in fringement of a trademark in respect of the 
goods, consent to the goods being forfeited to the Crown by giving notice to that effect 
to the Comptroller.  
 
Further, the Comptroller has authority under Section 53E to release the detained goods to their designated owner in the following instances: 
 
• The objector fails within the action peri od to bring an action for infringement, 
• The objector gives notice to the Comp troller consenting to the release,  
• The action by the objector is withdrawn, 
• The Comptroller based on information co ming to his knowledge subsequent to 
the detention, is satisfied that there are no reasonable grounds for believing 
that the notified trademark has been infringed by the importation of the 
goods.  
 The Comptroller also has authority by virtue of Section 53H to direct the destruction or 
other disposal of forfeited goods. 
 (iii)  Patents 
 
The Patents Act, 2001-18 makes provision under Section 52 for the owner of a patent to 
bring infringement proceedings in the Hi gh Court whereby a claim may be made: 
 
(a) for an injunction to prohibit the infringement or to prohibit the 
continuation of the infringement; or 
(b) for damages for the infringement 
(c) for an order for the defendant to deliver up or destroy any product in 
relation to which the patent is infr inged or any article in which that 
product is inextricably comprised; 
(d) for an account of the profits derived by the defendant from the 
infringement;  
(e) for a declaration that the patent is valid and has been infringed by the 
defendant. 
 
In addition, Section 56 (1) provides that  “ a n y  i n t e r e s t e d  p e rson may institute 
proceedings in the High Court to have a patent declared invalid. 
 
(iv) Industrial Designs 
 
The Industrial Designs Act, Cap.309A makes provision for criminal and civil proceedings 
in respect of infringements. Sectio n 44 of the Act provides as follows: 
 WT/TPR/M/308/Add.1 
 
- 17 - 
 
  (1) Notwithstanding any other provision of this Act, a person is guilty of an 
offence who knowingly infringes any of the exclusive rights of a registered 
owner of an industrial design.  
(2) A person who is guilty of an offence under subsection (1) is liable on 
summary conviction  
(a) to a fine of $10 000 or to imprisonment for a term of 12 months, or to 
both; and   
(b) in the case of a continuing offence,  to a further fine of $1000 a day for 
each day or part of a day on which th e offence continues after a conviction 
was first obtained.  
Section 46 of the Act makes provision for civil remedies, and provides as follows: 
 46. (1) A person who sustains any damage by reason of any acts described in section 44 
may institute proceedings in the High Court to recover his damages, whether or not the 
person who committed those acts had been su ccessfully prosecuted under that section. 
 
(2) The court may, in addition to awarding damages under subsection (1), grant an 
injunction prohibiting a person from co ntinuing any of the acts described in 
section 44. 
 
4 TRADE POLICIES BY SECTOR  4.1 Agriculture and fisheries 
 
4.1.2 Policies in agriculture Page 86, paragraph 4.11 
 
Reference is made to the notifications due under the WTO Agreement on Agriculture. According to point 4.11 of the Secretariat report, the last year covered in both domestic support and export subsidies notification of Barbados is 2006/7. 
 
EU Questions No 8: Could Barbados indicate when it is planning to make notifications covering more recent years? 
 
RESPONSE: Barbados is in the process of updating its domestic support (2007/08 to 
2012/13) and export subsidies (2008 to 2013) notifications and expects to submit to 
the WTO by April 2015. 
 4.1.3 Fisheries Page 89, paragraphs 4.25 and 4.26 
 
References are made to the Fisheries Management Plans (FMP).  
EU Questions No. 9 and No. 10: Regarding manageme nt plans in fisheries, the report indicates 
that 'Regulation 1998' contains the technical requirements, whereas a FMP was operational between 2004 and 2006. How these two references are linked? Are they of a different regulatory 
framework? 
 RESPONSE: The Fisheries Management Plan  has been in operation since 1997. The 
document is reviewed every three years, th e most recent being 2013-1015. The principal  
legislation related to the management of fish eries in Barbados is the Fisheries Act Cap 
391 (1993). Included in the Fisheries Act (Section 4) is the requirement that the Chief Fisheries Officer develop and keep under review plans (schemes) for the management 
and development of fisheries in Barbados and the details of what should be included in 
the Fisheries Management Plans (FMPs).  
The associated Fisheries (Management) Re gulations (1998) made under Section 46 of 
the Act currently speaks to some specific ma nagement measures instituted for specific WT/TPR/M/308/Add.1 
 
- 18 - 
 
  fisheries e.g prohibited fishing methods, ge ar size restrictions, penalties for fishing 
during closed seasons.  EU Questions No. 11 and No 12: The text explai n that the 2004-2006 FMP contained information 
on the status of the stocks and on a number of additional issues but it does not appear clear 
whether the plan had any specific target beyond outlining strategies for the development and management of the fishing industry to ensure its sustainable contribution to the nutritional, 
economic and social well-being of Barbadians no r why this was not extended beyond 2006. Could 
Barbados describe how the 2004-2006 FMP has ensured a sustainable contribution to the nutritional, economic and social well-being of Barbadians? Could Barbados clarify whether it was extended beyond 2006? 
 
RESPONSE: The first set of FMPs were basic in  nature covering each defined fishery and 
presented within a single document format th at was reviewed and updated at three year 
intervals (1997, 2001, 2004, 2007). 
 This format has been replaced with that of an expanded Fisheries Management and 
Development Policy (approved 2013) and a Stra tegic Action Plan for implementing the 
development and management policies, the la tter of which requires detailed individual 
management plans to be develo ped for each defined fishery. 
 
There are of course a number of overarching actions required to implement the suite of 
management and development objectives such as:   
a. revising the existing fisheries related laws and the legal framework in general 
to facilitate more dynamic and adapta ble management that better suit the 
rapidly changing nature of fisheries. 
b. introducing  a new suite of manageme nt regulations, (which have been 
drafted and await be ing put into law) 
c. improving systems for collecting data  and information on fisheries and 
improvements in this context are being explored  
 
EU Questions No. 13 to No. 15: According to the report, Barbados authorities are currently implementing fishery management plans for three fisheries: large pelagics, eastern Caribbean 
flying fish and sea urchins. Could Barbados clar ify since when these plans are being implemented? 
What type of measures they include?  Ar e they an outcome of the 2004-2006 FMP? 
 
EU Question No. 16: The report does not make any reference to WECAFC which is the relevant 
Regional Fisheries Body and whose Secretariat is located in Barbados. Could Barbados describe the level of regional cooperation of Barbados with other countries in the Region either bilaterally or though WECAFC? 
 
RESPONSE TO QUESTIONS 13-16: 
Three detailed Fisheries management and deve lopment plans have been developed thus 
far and although at different stages of formal adoption, many of the management 
measures already are in the process of being implemented.   
Barbados, as a member of International Co mmission for the Conservation of Atlantic 
Tunas (ICCAT), seeks to comply with the requ irements and goals of that RFMO to the 
greatest extent possible while protecting the fr agile local large pelagics fishery. The first 
of our detailed FMP is for th e Large Pelagics Fishery. 
 
The FMP for the Eastern Caribbean Flyingfish is a “Regional” Management Plan jointly 
prepared by the Western Central Atlantic  Fisheries Commission (WECAFC) and the 
Caribbean Regional Fisheries Mechanism (CRF M) a Regional fisheries body of CARICOM 
countries, both of which Barbados is a memb er. This regionally exploited stock is not 
considered threatened at current exploitati on levels. The main aspects of management 
include constraining fishing pressure as close to existing levels, with a maximum 
harvest level being defined as a trigger po int for more detailed stock assessment and 
more stringent management measures if required, to ensure not endangering the sustainablity of the stock. 
 WT/TPR/M/308/Add.1 
 
- 19 - 
 
  The last of the current detailed management plans is for the local sea egg (Tripneustes 
ventricosus) fishery. This fishery once flou rishing and of national importance was under 
legislated management since 18 79, but has floundered for most of the last thirty years 
due to low stock abundances. 
 
Since 2001, annual stock assessments have b een conducted in the form of directly 
measuring the abundance of animals at inde x sites. The estimated stock abundance is 
then used as the indicator for if or for ho w long harvesting will be allowed. From since 
2005 no harvesting has been allowed and the mangagement measures for this fishery are clearly rehabilitation of the stock and reduction of persitent poaching which has 
proven to be a major hinderance to the recovery of the stock. 
 
4.3.3 Tourism 
Page 99, paragraph 4.90 
EU Question No. 17: In the absence of the GATS commitments in tourism, could Barbados explain 
its licencing rules for accommodations and restaurants? 
 
RESPONSE:  The Barbados Tourism Marketing Inc. (B TMI) is governed by the regulations 
of the BTMI Act. These Regulations control tourist accommodation in Barbados and are 
intended to ensure that every hotel, apartm ent and guest house catering to visitors is 
inspected and licensed. Restaura nts are currently not licensed. 
 Page 100, paragraphs 4.93-4.96 
 
Report states about some movements and incentives towards the tourism investors.   
EU Question No. 18: Could Barbados explain its ex isting regime for tourism services and inform 
whether foreign services providers (including tourist guides and tour operators) are allowed to provide service in Barbados or apply for licence? 
 
RESPONSE:  The Foreign Services providers are the va rious airlines. In order to operate a 
scheduled service an application and support ing documents must be submitted to the 
Air Transport Licensing Authority for approval , in order to obtain a five year licence. 
Chartered or non-scheduled operators are also  required to submit an application and 
requisite documents to the Ministry of  Tourism and International Transport 
(International Transport) for approv al in order to apply for a permit. 
 
This permit can be valid for a minimum of one day to a maximum of one year depending on the operators’ requests. There are costs attached to acquiring both the licence and 
the permit. According to the Travel Services Act, foreign tourist guides and tour 
operators are not permitted to operate in Ba rbados except a Barbadian national is a 
Director of that company.  
GOVERNMENT REPORT 4.2 Manufacturing – paragraph 4.7 
The manufacturing sector remains a sector which Barbados believes can play a critical role in realizing the economic fortunes of Barbados in the medium to long term. 
 
EU Question No. 19: With reference to paragraph 4.7.vii) could Barbados clarify what are the export ready subsectors in Barbados? 
 
RESPONSE: Over the past five (5) years manufacturers have been strident in their 
efforts to reengineer and retool their operations with a view to enhancing their exports. This approach has led to a number of entities  and products entering regional and extra-
regional markets: Some of these products are 
 
• Rum 
• Beer 
• Agro-processed products 
• Bakery goods 
• Non-alcoholic beverages 
 WT/TPR/M/308/Add.1 
 
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  GOVERNMENT REPORT 4.4 Tourism – paragraph 4.11 
EU Question No. 20: Could Barbados provide more  information on the concessions regime in the 
tourism sector as established by the Tourism Development Act?  
RESPONSE:  The Tourism Development Act, Cap. 341 provides duty-free concessions and 
income tax concessions for approved tourism projects. Concessions are given for a wide 
range of projects including hotels, restaurants,  attractions, villas, time-share properties, 
sports and recreational facilities, natu ral sites, monuments, museums and other 
historical structures and sites.  The administration of the Act includes a three stage process where the applicant is 
granted interim approval of the tourism project to obtain building materials and 
supplies, a final approval based on the co mpleted tourism product and a licence to 
obtain items for outfitting the tourism produc t. Under the TDA, hotels are also allowed 
duty free importation of some food and beverage. 
 GOVERNMENT REPORT 4.5 International Business – paragraph 4.14 
Barbados declares to continue to expand its ne twork of Double Taxation Agreement (DTAs) to 
bolster its attractiveness to foreign investment in its International business sector.  EU Question No. 21: The EU acknowledges that th e Government has always indicated a preference 
for negotiating Double Taxation Agreements (DTAs) over Tax Information Exchange Agreements 
(TIEAs). Could Barbados explain whic h the rationale for this choice is? 
 
RESPONSE: Barbados in trying to diversify its economy away from agriculture and 
manufacturing sought to develop as a low ta x and not a no tax jurisdiction offering 
incentives and a network of double taxati on treaties to prospective investors. 
 
Over the years the international business and financial services sector has grown and is 
second only to tourism in terms of fore ign exchange earnings. It is the largest 
contributor to corporation taxes and creates employment opportunities for Barbados as 
well as a number of spin-off benefits. 
 Barbados has expressed its preference for ne gotiation of DTAs because this instrument 
facilitates trade and investment and strength ens the country’s relationship – economic, 
social and cultural ties - with its treaty partners. Tax information exchange agreements 
(TIEAs) mainly address exchange of tax in formation and no developmental or trade 
components and they have the same EOI components as DTAs. 
 The Global Forum and the OECD have indicated various instruments that can be used for exchange of information and to meet the in ternational standard for transparency and 
exchange of tax information. Among th ese are DTAs, TIEAs and the Multilateral 
Convention for Mutual Administra tive Assistance in Tax Matters. 
 
Barbados is a developing country with long standing experience in the negotiation of 
DTAs. It currently has in force thirty-four (34) DTAs and 4 TIEAs. It is also noted that Barbados has a DTA as well as a TIEA with the USA. 
 
GOVERNMENT REPORT 6.2 CARICOM Bilaterals – paragraph 6.10 Reference is made to the negotiations with Canada.  
EU Questions No. 22: Could Barbados clarify what is the status of the CARICOM-Canada 
negotiations?  
RESPONSE:  The Region has put a proposal to Canada which it is hoped would bring an 
end to the negotiations and forge an agreemen t to the mutual benefit of both parties. 
 
GOVERNMENT REPORT7.1 Trade Facilitation 
EU Questions No. 23: Could Barbados clarify which is the state of the play of the ratification 
procedures for the Trade Facilitation Agreement? Notably, have they already started and by when 
are they expected to be concluded?  WT/TPR/M/308/Add.1 
 
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  RESPONSE: Barbados is currently formulatin g its notification for all categories of 
commitments through consultation with the va rious stakeholders and will submit to the 
WTO as soon as is feasible given capacity constraints.  WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM MEXICO 
Section 4.1.3 Fisheries, par 4.24: With respect to the inspection of fishing vessels, what 
international standards are used and to what extent? 
 
RESPONSE: The Fisheries Act Cap 391 authorizes the inspection (Section 31) and 
registration (Section 18) of commercial fishing vessels according to prescribed 
standards. There is an inspection system in place which mainly takes into account safety 
measures for crew and sea worthiness of hull. 
 
Currently, legislation addressing the Standards for Construction, Safety and Surveying (inspection) of Local fishing vessels has been  approved and is being finalised in law. 
 
These new standards, developed through a Regional FAO project, are based on the 
following:  
1. The 1974 IMO/IMO/FAO two part Code of Safety for Fishermen. 
a. Code A – “Safety and Health Prac tice for skippers and crews” 
b. Code B – “Safety and Health Requirements for the Construction and 
Equipment of fishing vessels” fo r vessels 24 metres LOA (length 
overall) 
 
2. The FAO/ILO/IMO 1975 Voluntary Guide lines for Design, Construction and 
Equipment of Small Fishing Vessels 12-24 metres LOA 
 
3. FAO/ILO/IMO 2014 Implementation Guidelines  on Part B of the Code (at 2) , 
Voluntary Guidelines and Safety Recomme ndations for decked fishing vessels 
12<m LOA and undecked fishing vessels  
 
4. IMO Torremolinos Convention 1993, Terremolinos Protocol 1995 
 
5. IMO Safety of Life at Sea SOLAS co nvention 2001 (provisions for vessels 
under 24 metres LOA) 
 
References are made to FAO/WHO Codex A limentarius General Principles of Food 
Hygiene and Code of Practice for Fish and Fisheries Products for the Standards for 
sanitary inspection of vessels  which are to be developed. 
 Para. 3.47 With respect to the five-year review of technical standards, in which cases the 
regulations are reviewed more frequently? 
 RESPONSE:  The review of regulations is the resp onsibility of the Government. Once the 
technical standard that is the subject of th e regulation is revised, the Government is 
notified of the revision so that the regulation can be updated accordingly. 
 Para. 3.51 Since only the title of the regulations is  published, where is it possible to find the full 
text, in order to be able to analyze them for commenting? 
 RESPONSE:  The full text can be obtained by sending a request to BNSI via email: 
office@bnsi.com.bb or Fax (246) 436-1495 or telephone (246) 426-3870. 
 
Para. 3.53. Considering that since 2006 Barbados has not made any notification to the WTO, Mexico would like to know if the regulations that have been revised since 2006, have not resulted 
in any change requiring notification to the WTO. 
 RESPONSE:  Some of the technical standards that are the basis of regulations are being 
reviewed and any proposed changes will be notified to the WTO when the review has 
been completed.  
Para. 3.53 Referring to the nine of Regulations projects mentioned in the text, could you please 
indicate what areas they cover. Why has the regu latory process not been concluded? In the case 
they have been completed, why have the regulations not been notified to the WTO? WT/TPR/M/308/Add.1 
 
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  RESPONSE:  The nine regulations mentioned in the text relate mainly to food and are 
listed in footnote 16. The process was comple ted and the regulations have been notified. 
No new technical regulations have been adopted since 2006.  
Environment 
Section 6.2 CARICOM Bilateral, par. 6.10: With re gard to the current negotiations between Canada 
and Barbados, what are Barbados's expectations in environmental matters? 
 
RESPONSE:  The Region has put a proposal to Canada which it is hoped would bring an 
end to the negotiations and forge an agreemen t to the mutual benefit of both parties. 
Barbados is committed to advancing an effect ive transition to a sustainable development 
and green economy agenda. Our expectations in  the negotiations are to arrive at an 
agreement which continues to enhance th e regional environment and sustainable 
development framework. 
 
Labour With regard to the current negotiations between Barbados and Canada, what are Barbados's 
expectations on labour issues? 
 RESPONSE:  The Region has put a proposal to Canada which it is hoped would bring an 
end to the negotiations and forge an agreemen t to the mutual benefit of both parties. 
Barbados expects that this agreement will assist is realizing the national aim of 
promoting opportunities for the provision of decent and productive work, in conditions 
of freedom of association, equity, security  and human dignity and to provide quality 
social and economic benefits for Barbadians . 
 TBT 
With regard to the current negotiations between Barbados and Canada, what are the expectations 
of Barbados concerning technical barriers to trade?  RESPONSE:  The Region has put a proposal to Canada which it is hoped would bring an 
end to the negotiations and forge an agreemen t to the mutual benefit of both parties. 
Barbados expects that the Technical barrier s to trade will be further identified and 
reduced and the Region’s capacity to over come those barriers will be increased. 
Competition Policy 
WT/TPR/S/308-Page 72. Paragraph 3.140  
Paragraph 3.140 states that although no immunities  regarding competition policy are provided by 
law in Barbados, the Fair Trade Commission (FTC) may grant an authorization to engage in an agreement or business practice that is prohibited under the Fair Competition Act if it is likely to 
promote a public benefit. Where can more information about such exceptions be found? How is it 
assessed whether an anticompetitive agreement or business practice is likely to promote a public benefit and hence should be authorized by the FTC?  
RESPONSE: It should be noted that to date th ere have been no authorisations granted by 
the Fair Trading Commission in Barbados. Authorisations are ad dressed under Part V 
section 29 to 32 of the Fair Competition Act CAP 326 C of the Laws of Barbados. Further 
information on the public benefits test is found in the “Guide to the Authorisation of 
Anti-Competitive Conduct”.  
WT/TPR/S/308-Page 74. Paragraph 3.150 
Paragraph 3.150 describes some regional competition policy mechanisms for the Caribbean Single Market Economy, as established in the CARICOM Treaty. Such examples include the Community Competition Commission (CCC), whic h performs activities that complement those of the FTC and 
other national agencies . With what other national agenci es does the CCC cooperate? Can the 
national legislation which has been passed and enacted for the implementation of the CCC in 
Barbados be specified? 
 
RESPONSE: The national legislation referred for Assessment would be the Fair 
C o m p e t i t i o n  A c t  C A P  32 6  C  o f  t h e  L a w s  o f  B a r b a d o s  S e c t i o n s  5 ( 6 )  ( b  a n d  d ) ;  P a r t  I X  
Sections 45 to 47. WT/TPR/M/308/Add.1 
 
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  State Trading, state-owned enterprises and privatization 
WT/TPR/S/308-Page 75. Paragraph 3.155  According to Paragraph 3.153, in its 2013 notification to the WTO with respect to state trading 
enterprises, Barbados identified the Barbados Ag ricultural Development and Marketing Corporation 
(BADMC) as its sole state trading enterprise. Ho wever, paragraph 3.155 states that several other 
companies, such as the Barbados National Oil Company, are de facto sole traders. That same 
paragraph also states that a number of companies in Barbados are partly or totally state-owned 
and involved in commercial activities in different sectors. Are such enterprises’ commercial activities not carried out internationally, or why were such companies not included in the 2013 notification? 
 
RESPONSE: More time is required to provide a response to this question. 
Anti-dumping, Countervailing and Safeguard Measures (Trade Remedies) 
WT/TPR/S/308-Page 50. Paragraph 3.38 
 Paragraph 3.38 mentions that the Customs Duties (Dumping and Subsidies) Act of 1959 continues 
to be the only law with respect to AD and CV. Since it pre-dates the Uruguay Round, it does not 
fully allow the implementation of the Anti-dumpi ng and Subsidies and Countervailing Agreements. 
Does Barbados have any plans to develop legislation to allow the full implementation of such WTO 
Agreements? 
 RESPONSE: Barbados has such plans and is seek ing to ensure that national efforts are in 
concert with regional undertakings. 
 
WT/TPR/S/308-Page 50. Paragraph 3.38 Paragraph 3.38 states that although the Customs Duties Act allows the Ministry in charge of trade 
to apply duties, there is no competent authority in Barbados to initiate and conduct AD and CV 
investigations and therefore, no such measures have been applied. Is Barbados interested in eventually establishing an authority with su ch responsibility? How are alleged dumping and 
countervailable practices (from non-CARICOM Members) currently treated in Barbados given the 
absence of such authority?  RESPONSE:  Barbados will analyse the costs and benefits of establishing such an 
authority in the future. 
 There have been no allegations of dumping or  countervailing practice s in the recent past 
to merit action being taken. 
 WT/TPR/S/308-Page 50. Paragraph 3.39 
Paragraph 3.39 states that a model CARICOM AD and CV measures law is being considered and is 
anticipated to be completed by 2015. Can this be clarified? Does it mean that a domestic law is being developed with CARICOM legislation as a model? Or is a new CARICOM instrument under development? 
 
RESPONSE:  The characteristic of the final instrument will dictate how it is reflected in 
national law. 
 
Sanitary and Phytosanitary Measures WT/TPR/S/308-Page 53. Paragraph 3.57 
Paragraph 3.57 mentions that Barbados’ authorities are in the process of establishing the National 
Agricultural Health and Food Control Agency (NAHFCA). To this end, the Agricultural Health and Food Control Program (AHFCP) is currently being implemented. In what stage of implementation is the AHFCP? When is the establishment of  the NAHFCA expected to take place? WT/TPR/M/308/Add.1 
 
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  QUESTIONS FOR THAILAND  
3. TRADE POLICIES AND PRACTICES BY MEASURE 
Page 43 (paragraph 3.19) 
“Barbados bound all its tariffs in the Uruguay Round, with the exception of fish and fish products, 
so some 97.1% of lines are bound. Bindings are mostly at ceiling rates. Most agricultural products (WTO definition) are bound at final rates of at least 100%, with other duties and charges bound at 
70%; some 40 items have been bound at rates ranging between 110% and 233%, with other 
duties and charges bound at rates of over 170%. In  the case of non-agricultural products, tariffs 
have been generally bound at rates of at least 70%, with other duties and charges bound at 
200%; certain items were bound at higher rates, including petroleum products, soap and 
detergents, fireworks, film, tyres, precious ston es, and motor vehicles. Tariffs on motor vehicles 
were bound at 247%, with other duties and charges bound at 346%. Given the high level of Barbados' bindings, there is a huge gap between bound and applied rates, with the average bound 
rate (87%) being more than five times higher than the average applied rate. A narrowing of the 
gap would certainly contribute to enhance the predictability of Barbados' trade regime.”  
Question:  Does Barbados have any plan to manage the gap between the average bound rate and 
the average applied rate in order to address the unpredictability which imports into Barbados’s market may face? 
 
RESPONSE: The existing applied rates which are currently in place have not changed 
over a substantial period of time. Barb ados has always been committed to the 
multilateral trading system and has complied wi th the results of rounds of negotiations 
which have mandated a reduction in the bound  rates. This commitment has not changed. 
 QUESTIONS REGARDING THE SECRETARIAT REPORT 
 
3. TRADE POLICIES AND PRACTICES BY MEASURE Page 79 (Table 3.11) 
 
Question 2: Table 3.11 refers to Barbados’s amen ded provisions of the Copyright Act to expand 
the scope and competences of the Copyright Trib unal. Could Barbados please elaborate on the 
composition and authorities of the Copyright Tribunal? 
 
RESPONSE: Under Part VII of the Copyright Act, 1998-4 provision is made for the 
establishment of the Copyright Tribunal.  Th e membership of the Tribunal is appointed 
by the Minister with responsibility of inte llectual property matters . Section 102 of the 
Act sets out the jurisdiction of the Tribunal thus: 102.(1) The functions of the tribunal are: 
 
(a) to hear and determine 
(i) any matter referred to it pursuant to any provision of Part VI  
relating to licensing 
(ii) an application under Section 99 to settle the royalty or other sum 
payable for rental of a sound recording, film or computer programme; 
(b) to keep under review the prescribed ra te of royalty payable to a performer 
in connection with an adaptation of an original recording  of his performance; and 
(c) to make recommendations to the Minister  on the rate of royalties or other 
payments payable in respect of the us e or presentation in such national 
cultural event as he may by order de signate, of any wo rks or performance 
in which copyright or other rights subsist.  
 
In addition, the Tribunal has authority to en quire into the appropriateness of rates and 
make recommendations to the Minist er as the Tribunal thinks fit. 
 
Originally, the tribunal comprised three (3) pers ons, one of whom was required to be an 
Attorney-at-Law of at least ten years stan ding. However, with the amendment of 2006 WT/TPR/M/308/Add.1 
 
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  (Copyright (Amendment) Act, 2006-1), the memb ership was expanded to seven (7), of 
whom three shall be Attorneys-at-Law  of at least ten years standing. 
 Section 102 of the principal Act was also amended to provide that in circumstances 
where the Tribunal is exercising its jurisd iction under Section 102 (1) (a), that is 
hearing and determining matters relating to  copyright licensing and licensing schemes 
and settling royalties or other sum payable fo r rental of a sound recording, film or 
computer programme, then the panel shall comprise three members, at least one of 
whom must be an Attorney-at-Law, who shall be the Chairman of the panel. 
 Likewise, in circumstances where the Tribunal is  exercising its jurisdiction under Section 
102 (1) (b) or (c) (as detailed above), then the panel must comprise five members, at 
least one of whom must be an Attorney-at-La w, who shall be Chairman of the panel.  
 
Page 83 (paragraph 3.183) 
Question 3: The paragraph refers to the liability of persons in possession of infringing works and the means to carry out illicit duplication of copyri ghted works. In this regard, can the police or the 
government authorities initiate a complaint or litigation or only the copyright owner can initiate 
them? Could Barbados refer to the relevant provisions with the texts in the Copyright Act? How many cases on average have been brought each year?  
RESPONSE:  The relevant provisions relating to in fringement (Appendix V) are found at 
Sections 46 and 132 of the Copyright Act, as amended. Barbados does not support the 
statement that “The different IPR laws incl ude provisions for criminal sanctions and 
detail a minimum fine and/or minimum term of  imprisonment for offences” inasmuch as 
it is only four enactments which makes pr ovision for criminal sanctions, namely, the 
Copyright Act, the Industrial Designs Act, Cap. 309A, the Integrated Circuits Act, 1998 - 
21 and the Protection of New Plant Varieties Act, 2001 – 17. Sanctions take the form of 
set fines and/or fixed terms of imprisonment. All the diffe rent IPR laws do not make 
provision for criminal sanctions.  
Section 46 of the Copyright Act 
This makes provision for penalt ies in respect of various acts of dealing with infringing 
copies, which acts are detailed at subsection s (1), (2) and (3). Kindly note, that the 
penalties which are indicated at lines 6 - 10 (a fine of BD$50,000 or a term of 
imprisonment of two years or both if se ntenced by a Magistrate and BD$200,000 or a 
term of imprisonment  of five years, or both on conviction in the High Court) and relate 
to offences other than that which is crea ted under subsection (1), namely, offences 
specified in subsections (2) and (3)and whic h include cases where a person has in his 
possession an article specifically designed or  adapted for making copies of a work in 
which copyright subsists, as well as inst ances where a person, otherwise than by 
reception of a broadcast or cable programme,  causes the public performance or showing 
of a work and he knows or has reason to believe that copyright subsists in the work. If convicted of any of these offences before a Ma gistrate, the offender is liable to a fine of 
BD$50,000 or to imprisonment for a term of 2 years, or to both. Where however, the 
matter is brought before the High Court on indi ctment, the offender is liable to a fine of 
BD$200,000 or a term of impris onment of 5 years, or both. 
 
Higher penalties apply in respect of a subsec tion (1) offence, which relates to dealings 
which infringe copyright, as constituted by  acts whereby a person makes for sale or 
hire; or in the course of business sells or lets  for hire, or offers or  exposes for sale or 
hire, exhibits in public or distributes; imports into Barbados for purposes other than for 
his private and domestic use; or distributes otherwise than in the course of business to 
an extent that prejudicial to the right-hold er, any article which he knows or has reason 
to believe is an infringing co py of a work in which copyrigh t subsists. If convicted before 
a Magistrate, the offender is liable to a fine of BD$100,000 or a term of imprisonment of 
5 years, or to both. On indictment before the High Court, the offender is liable to a fine 
of BD$500,000 or to a term of impr isonment for 10 years, or both. 
 
 
 
 WT/TPR/M/308/Add.1 
 
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  Section 132 of the Copyright Act 
 
Paragraph 3.182 makes two references to th e penalty provisions of section 132 and 
therefore gives rise to some measure of confus ion. The first reference in lines 4- 6 states 
“If convicted under section 132  of the Copyright Act for making illicit copies of a 
copyrighted work, the offender may be se ntenced by a Magistrate to a fine of 
BD$100,000 or a term of imprisonment for two years, or both”. It should be noted that 
the offence created under section 132 is no t limited to “making illicit copies of a 
copyrighted work” as highlighted in the repo rt, but extends broadly to dealing with and 
using illicit recordings, which include acts wh ereby a person, without sufficient consent, 
makes for sale or hire, or imports into Barbados otherwise than for his private and domestic use; or possesses in the course of business with a view to doing any infringing 
act; or in the course of business, sells or le ts for hire, or offers or exposes for sale or 
hire, or distributes a recording (section 132(1 )); or causes a recording of a performance 
to be shown or played in public or broadc ast or included in a cable broadcast service 
(section 132(2)), in circumstances where he knows or has reason to believe that the 
recording is an illicit recording.  
Generally, proceedings are instituted on the basis of a complaint to the police by the 
affected party. Civil proceedings in the High Court are instituted by the right holder or 
other authorized person. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM BRAZIL 
In the document WT/TPR/G/308, Barbados informs that “an area of focus to the Government 
currently relates to the construction of a multi-purpose plant which will be used to process derivatives from the sugar-cane. To this end, the Government has ear-marked such a plant for 
construction to carry out these functions. (…) It is  anticipated that construction to this plant will 
commence in 2015.” Could you please elaborate on the government procurement process to build the aforementioned plant? 
 
RESPONSE: Barbados Cane Industry Corporatio n is seeking loan financing to fund the 
construction of a new Multi-Purpose Facility at Andrews Factory, St Joseph. Due to the 
scope and complexity of the project, it is anticipated that tender s will be invited from 
international contractors with similar experi ence. The main contractor for the facility 
will be procured under an Engineering, Proc urement and Construction (EPC) contract to 
design the facility, procure heavy equipmen t and construction materials and carry out 
the installation of all engineering works, in clusive of the civil and structural elements . 
 In the document WT/TPR/G/308, Barbados states its effort “to battle the position taken by the 
Organisation for Economic Cooperation and Development (OECD) with regards to the nation being 
labelled a tax haven” and affirms “it is a low tax jurisdiction since all funds from off-shore businesses passing through its jurisdiction are subject to taxation, though not at the same rate as on-shore corporate entities”. Taking into account “the urgency in bringing the (fiscal) deficit to 
more manageable levels” and the consequent “pro grammes of structural reform which encompass 
expenditure reduction and revenue generation to achieve its target”, is the possibility of increasing taxes applied to funds from off-shore businesses being currently studied as a way to balance the 
fiscal deficit? 
 RESPONSE: The international business and fina ncial services sector has always been a 
substantial contributor to Barbados’ economy. There is a national strategy in place to 
manage the fiscal deficit. This strategy is  beginning to yield results. Barbados will 
continue to explore all options in the usual ma nner, in order to determine what is in the 
best interest of the sector and the country. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM COLOMBIA 
 2. TRADE AND INVESTMENT REGIME 
2.1 General Framework 
Paragraph 2.3 of the Secretariat's report indicates that... "The Constitution of Barbados (1966) is 
the Supreme law. Therefore, every law that is not compatible with the Constitution is considered 
null in all aspects of their incompatibility. International agreements, including the regulations and 
decisions emanating from WTO and CARICOM, may only be invoked directly before the domestic courts in so far as they have been incorporated into national legislation. 
 
Could Barbados provide us with the regulations that incorporate CARICOM and the bilateral agreements signed in its framework - in particul ar the CARICOM-Colombia agreement to Barbados 
national? 
 
RESPONSE: S. I 30 April 2006 
 
2.2 Trade policy formulation and implementation  
Paragraph 2.9 of the Secretariat's report points out that... "the Ministry of Foreign Affairs and Trade advises the Government on all trade policy issues, has the responsibility of negotiating trade 
agreements and coordinating its implementation, and represents Barbados in the WTO. 
 Could Barbados indicate if it has the faculty to negotiate bilateral or regional agreements outside the framework of CARICOM, or if it must reques t any special permission to the decision-making 
bodies of the CARICOM to do so? 
 RESPONSE:  Under the Revised Treaty of Chaguara mas (Article 80), individual Member 
States have the latitude to negotiate bilate ral trade agreements in pursuance of their 
national interests with Third Parties.  However, the Council for Trade and Economic 
Development must approve these agreements  where tariff concessions are involved. 
 
2.3.2 Regional and preferential agreements 2.3.2.1 CARICOM  
Paragraph 2.15 of the Secretariat's report indicates that... "the Bahamas is a member of the 
community but not of the Common Market;  
Could Barbados indicate why this is so, gi ving the economic and political reasons? 
 RESPONSE: The Bahamas is a sovereign State. Barbados is not in a position to speak to 
the motivations of the Government of the Bahamas on this matter.  Paragraph 2.17 of the Secretariat's report points out that... "Since 1997 CARICOM has worked, through the RNM, to coordinate information and the strategy in foreign trade negotiations, 
including the WTO." In 2009, this mechanism was incorporated into the CARICOM Secretariat as a 
specialized department. Subsequently, it was renamed and is currently working on the establishment of a coherent framework for the coordination and management of CARICOM 
negotiating resources. It also provides assistance to Member States in the preparation of national 
positions, coordinates the formulation of strategies  for the region unified and initiates and directs 
negotiations, where appropriate. 
 
Could Barbados indicate which CARICOM body decides on making approaches, start negotiations and carry on in-depth studies with respect to trade agreements?  
RESPONSE:  The Heads of Government, on recommendation of the Council for Trade and 
Economic Development, decide whether or not CARICOM will enter into trade 
negotiations with a third state. The CARICO M Secretariat will then make approaches to 
commence negotiations with that state. 
 Once there is an agreement for negotiations , the Office for Trade Negotiations will 
commence negotiations.  The OTN will conduct the in-depth studies along with the 
support of the various Ministries and Departments of Member States. WT/TPR/M/308/Add.1 
 
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  What is the institutional framework of CARI COM for the deepening of trade agreements 
 
RESPONSE: The Heads of Government is the Institutional Framework 
 Are CARICOM members allowed to individually negotiate, sign or deepen trade agreements? At the same time, can Barbados let us know about its participation in the CARICOM Secretariat, and 
provide information on the organizational structure and functions of the Secretariat ' 
 RESPONSE:  Article 80 of the Revised Treaty of Chaguaramus gives CARICOM Member 
States the authority to negotiate bilatera l trade agreements with Third Parties. 
However, the Council for Trade and Economic Development must approve these agreements where tariff concessions are involved.  
Barbados participates actively in all m eetings which are convened by the CARICOM 
Secretariat.  
While Barbados is not in a position to suppl y information on the organisational structure 
of the Secretariat, we can inform that the CARICOM Secretariat is the principal 
administrative organ of the Community and is  headed by a Secretary General who is the 
Chief Executive Officer of the Community. 
 Its Mission is to contribute, in support of  Member States, to the improvement of the 
quality of life of the People of the Communi ty and the development of an innovative and 
productive society in partnership with instit utions and groups working towards attaining 
a people-centred, sustainable and in ternationally competitive Community. 
 
2.3.2.3 Bilateral agreements 
Paragraph 2.39 of the Secretariat report indi cates that ... "CARICOM has bilateral trade 
agreements with Colombia, Costa Rica, Cuba, the Dominican Republic and Venezuela" 
 
Could Barbados indicate if it is implementing all these agreements, mainly what products are been traded (imports and exports) with these countries, and what was the contribution to trade generated by the subscription and entry into force of these agreements? 
 
RESPONSE: Barbados ratified these five  bilateral agreements in April 2006. 
 
Venezuela 
 
With regard to Barbados’ exports to Venezuela, the table below shows that Barbados’ 
preferential exports to Venezuela peaked in 2009. They have since been trending 
downwards.  
Barbados’ Preferential Exports to Venezuela 
 
YEAR VENEZUELA 
2002 $1,390,693 
2003 $0 
2004 $48,312 
2005 $9,715  
2006 $39,345  
2007 $119,167  
2008 $674,830  
2009 $796,132  
2010 $589,695  WT/TPR/M/308/Add.1 
 
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  YEAR VENEZUELA 
2011 $437,572  
2012 $407,966  
2013 $325,026  
 
The major products exported by Barbados under the CARICOM Venezuela Trade and 
Investment Agreement for the period outlin ed 2002-2013 were la bels, sails, beverage 
concentrate, lotion and alcolado glacial.  
The only product which continues to be expo rted from Barbados to Venezuela presently 
under preference is labels.  All other exports which were mentioned ceased to be 
exported since 2009 in respect of sails, 2004 in  respect of the lotion and 2002 in respect 
of the concentrate. 
 
Colombia 
 
The table below shows the value of Barbados’ exports going into Colombia under 
preference. Between 2004 to present, trade peaked in 2010, while no preferential trade was recorded in 2005 and 2007. 
 
Preferential imports from Colombia have no t been included given the unavailability of 
data. 
 
Barbados’ Preferential Exports to Colombia 
 
YEAR COLOMBIA 
2002 $0 
2003 $60,757 
2004 $191,788 
2005 $0 
2006 $91,726 
2007 $0 
2008 $108,446 
2009 $52,800 
2010 $153,036 
2011 $72,900 
2012 $82,407 
2013 $94,957 
 The major products exported by Barbados to Colombia under the Agreement on Trade, 
Economic and Technical Cooperation from 2002-2013 are rum and labels.  The data 
indicates that these were the only two prod ucts exported during the period outlined. 
 Dominican Republic 
With regard to Barbados’ exports to the DR, the statistics below show that the value of Barbados’ exports trade to the Dominican Re public under preference have increased 
from 2004 to present. WT/TPR/M/308/Add.1 
 
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  Preferential imports from the Dominican Re public have not been included given the 
unavailability of data.  
Barbados’ Preferential Exports to the Dominican Republic 
 
YEAR D/R 
2002 $717,494 
2003 $990,518 
2004 $1,171,162  
2005 $1,773,646  
2006 $2,564,593  
2007 $1,384,154  
2008 $2,118,526  
2009 $1,689,970  
2010 $3,850,858  
2011 $4,250,151  
2012 $3,258,858  
2013 $5,224,171  
 
For the 2002-2013 period, there has really been no continuity in many of the products 
exported to the Dominican Republic. It wo uld appear that many of the products 
exported were “one-off” sales. That is, the product was exported once and never 
exported again or exported only  after many years.  Examples of this are in the area of 
craft, disposable diapers and plastic prefor ms. Two products which continue to show 
some continuity in their export performa nce right through from 2002 to 2012 are rum 
and labels. There are no recorded exports for rum in 2013, but there have been 
significant inflows of revenue to Barbados up to 2012, with a peak in major exports of 1.8 million BDS$ in 2011.  
With regard to labels, exports have been rela tively consistent over the period with a 
peak in exports of BDS$2.28 million in 2011.  
Cuba 
 
With regard to Barbados’ exports to Cuba it can be seen from the statistics below that 
Barbados’ trade under preference to Cuba has been minimal. 
 Preferential imports from Cuba into Barb ados have not been included given the 
unavailability of data. 
 
Barbados’ Preferential Exports to Cuba 
 
YEAR CUBA 
2002 $0 
2003 $0 
2004 $0  
2005 $0  
2006 $0  WT/TPR/M/308/Add.1 
 
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  YEAR CUBA 
2007 $0  
2008 $0  
2009 $9,450 
2010 $0  
2011 $0  
2012 $0  
2013 $0  
 
Exports under the CARICOM Cuba Agreement were practically non-existent. The only 
product exported under this Agreement for th e stated period was cement. This product 
was exported during 2009 and the revenues inflows was BDS$9,450. 
 
Costa Rica 
 
With regard to Barbados’ exports to Costa Ric a, it can be seen from the statistics below 
that Barbados’ exports under preference to Costa Rica peaked in 2009. There has since 
been a general downward trend in the value of trade under preference. 
Preferential imports from Costa Rica into Barbados have not been included given the 
unavailability of data. 
 
Barbados’ Preferential Exports to Costa Rica 
 
YEAR C/RICA 
2002 $0 
2003 $0 
2004 $0 
2005 $0 
2006 $59,885 
2007 $124,316  
2008 $116,001 
2009 $128,316 
2010 $122,755 
2011 $55,600 
2012 $92,947 
 The major product exported to Costa Rica by Barbados under the CARICOM Costa Rica Free Trade Agreement for the stated period was labels. Exports of this product 
commenced in 2006. 2009 saw the most exports of this product with revenue inflows of 
BDS$128,315.  Paragraph 2.40 of the Secretariat's report indicates that... "The agreement on trade and economic 
and technical cooperation between CARICOM and Colombia, which was amended by a protocol 
signed in 1997, was signed in 1994. The agreement is administered by a joint Colombia-CARICOM trade, economic and business cooperation Council. 
 WT/TPR/M/308/Add.1 
 
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  Could Barbados indicate who are CARICOM's representatives to this Council, if Barbados 
participates in this Council, and on which issues, and also what the procedures are to convene a meeting?  
RESPONSE: The Joint Council on Trade, Econom ic and Business Cooperation (herein after 
called the Joint Council) consist of represen tatives from both Colombia and CARICOM. 
The rules of procedure outline the level of  representatives which can occur at these 
meetings, for example at the level of senior o fficials or at the level of Ministers.  There 
are currently no rules of procedures drafted for the CARICOM Colombia Agreement. However, in the absence of rules, the Parties can agree to the level of representation which they desire to have at the meetings of the Joint Council. 
 
Each Member State has the sovereignty to de signate its representative on the Council. 
Barbados’ representative would be the Minister of Foreign Affairs and Foreign Trade. 
 
Barbados has always sought to take part in  meetings pertaining to the furtherance of 
trade objectives under the CARICOM bilateral programmes and the CARICOM Colombia 
trade Agreement is no different. 
 From the CARICOM side, a Member State can re quest a meeting of the Joint Council and 
once there is consensus among CARICOM states, the meeting can convene. Where there 
is no consensus, the meeting cannot take place. The CARICOM Secretariat will then 
approach the other Party to determine if there can be a meeting between both Parties. From the Colombian side, request for a meetin g will have to be conveyed through the 
CARICOM Secretariat which will then inform CARICOM Members of Colombia’s desire to 
convene a meeting of the Joint Council. (Where there is agreement among the Members a meeting can be convened. Where there is disagreement, the meeting can be convened 
with those CARICOM Member States whic h have agreed to such a meeting). 
 Does this Council have the power to order th e deepening of the Caricom-Colombia agreement 
 
RESPONSE: The Council has the power to deepen trade if the Joint Council consists of 
representatives which are at the Trade Ministerial Level. Where the level of 
representation is at the level of Senior Offici als on both sides, the deepening of trade on 
the side of CARICOM will have to be appr oved by the Council for Trade and Economic 
Development (COTED)  
Paragraph 2.40 of the report of the Secretariat in dicated in a footnote: "the agreement provided 
for the gradual reduction of tariffs on a list of specific products. In its Annex II, there is a list of products for which tariffs were eliminated in mid-1999, and in Annex III there is a list of possible gradual reductions of duties, but these have not been implemented. 
 
Could Barbados provide us with the reasons for which the gradual reduction of duties on the list of products in Annex III has not been implemented? 
 
RESPONSE:  Barbados has ratified all of the b ilateral agreements signed between 
CARICOM and Venezuela, Colombia, the Domini can Republic, Cuba and Costa Rica. They 
are hence law in Barbados and as such all duties are removed on those products under 
Annex I – list of products for immediate duty  concessions and products under Annex II - 
list of products for gradual duty reductio ns. However, regarding Annex III – List of 
products for which duty concessions could be  negotiated in the future records have 
indicated that no negotiations have take n place between CARICOM and Colombia to 
enact further duty concessions on these products.  
How is Barbados implementing the Agreemen t between CARICOM and Colombia; to which 
products? 
 
RESPONSE:  Barbados is granting duty free trade to  all products eligible under Annex II 
and Annex IV of the Protocol amendi ng the CARICOM Colombia Agreement. 
 Under which national legal statute does Barbados grants preferences to Colombia? WT/TPR/M/308/Add.1 
 
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  RESPONSE: S.I 30 APRIL 2006 - Trade Economic and Technical Agreement Between the 
Caribbean Community and the Government of the Republic of Colombia Act 2006-9 
 2.4 Investment Regime 
Paragraph 2.66, of the Secretariat's report points  out that...  "In general terms, Barbados allows 
100% foreign-ownership. There are only a few gene ral restrictions to foreign investment. Water 
supply and postal services are the Government's monopoly. Tour operators and travel agents must 
be owned by Barbadians (or CARICOM nationals) as part of the Government policy of reserving 
some services for domestic suppliers. Private investment in broadcasting, banking, international trade and insurance is subject to prior Government approval in the form of license.  
Within the general restrictions on foreign investment is there any type of restriction due to 
security? If the answer is yes, please describe  
RESPONSE: There are no restrictions due to security 
 
Paragraph 2.67, the report by the Secretariat indicates that... "Pursuant to the Exchange Control 
law, the Central Bank regulates investment transfers and capital remittances. An authorization is 
required for a non-resident to acquire shares of  a company incorporated in Barbados, except for 
offshore companies. Non-residents or foreign inve stors must register with the Central Bank funds 
entering Barbados to facilitate their repatriation. In general, foreign currency funds can be freely 
repatriated for current transactions. However, if substantial profits have been obtained, the 
repatriation could be progressively phased during a period determined by the Central Bank, which can be up to five years. Offshore companies are exempt from Exchange control restrictions. The 
acquisition of real estate by foreigners requires permission of the Central Bank. Expropriation 
requires the approval of a written law and is subject to compensation.  
Which factor determines the period of repatriation of capital when there are substantial profits? 
 3. TRADE POLICIES and PRACTICES BY MEASURE  
3.1 Measures affecting directly imports  
3.1.3 Rules of origin  
Paragraph 3.13 of the report by the Secretariat stated  that ... -Table 3.1 "rules of origin applied by 
Barbados and other CARICOM countries in relati on to the CARICOM Colombia Agreement: "The 
rules of origin for imports into Barbados (as a CARICOM MDC) from Colombia only apply to a 
limited number of goods listed in the Agreement. The rules of origin for imports are established in 
Article 9 of the Agreement and Annex III of the Pr otocol amending the Agreement, in force since 
June 1998. Substantial transformation is usually determined by a change in tariff classification. Accumulation between the parties applies. " 
 
Could Barbados point out to which products of Colombian origin, Barbados effectively grants tariff preferences? Who is the origin of these goods veri fied? In the case of its exports to Colombia, how 
does Barbados qualify and determine the origin of goods? Who is authorized to qualify and grant 
certificates of origin? How is accumulation reflected in the Certificate of Origin? At what level of the tariff nomenclature structure does Barbados consider that there is substantial transformation? 
 
RESPONSE: Barbados is granting duty free tr ade to all products eligible under Annex II 
and Annex IV of the Protocol amending the CARICOM Colombia Agreement. The 
Barbados Investment and Development Corp oration is responsible for the grant of 
certificates of origin. 
 3.1.4 Tariffs 
3.1.4.1 Applied MFN tariffs 
 Paragraph 3.16 notes: "the 2014 tariff is based on the 2007 HS system. In the course of the 
review process Barbados had started the process of migrating to HS 2012; at the end of 2014 the 
process had not been completed yet. The applied tariff in 2014 comprised 6,507 tariff lines at 11-digit level" WT/TPR/M/308/Add.1 
 
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  Could Barbados indicate whether the 11-digit level nomenclature is different from the applied by 
all CARICOM member countries, in such a case can Barbados supply us with their most recent nomenclature, with the rates applied to third parties?  
 
RESPONSE: Each CARICOM member country applies a national nomenclature at the 11 
digit level. 
 
3.1.6 Import prohibitions, restrictions and licensing 
Paragraph 3.28, of the Secretariat's report points out that...: "within the framework of the regulation of various controls (open general import licence), 2014, there are two lists which lists the products for which licenses must be obtained. The first list is applied to imports from outside 
CARICOM and the third list is applied to goods originating in CARICOM (table 3.7). To remove 
products from these lists or to include in them th e approval of the legislat ure; must be obtained 
Paragraph 5.3 of the Government (WT/TPR/G/308)  report indicated that... "During the period 
under review, Barbados eliminated in addition the requirement of import licensing for some 
products. These products include various oils (olive oil, palm and rapeseed, among others); pasta; biscuits; nuts; doors and door frames; paper; bars and rods; accumulators; powder detergent 
SOAP; liquid dishwasher; liquid bleach." 
 Could Barbados indicate how it determines which products should be included in each list, what is the procedure to bring the amendment before the legislature and what criteria are taken into 
account to authorize the modification of these lists? 
 RESPONSE: More time is required to provide a response to this question. 
3.2 Measures directly affecting exports 
3.2.1 Export procedures  
Paragraph 3.74, of the report by the Secretariat in dicates that: "the registration of exporters who 
export under the MFN regime is not required, but exporters wishing to benefit from trade 
preferences must register." 
 
18. Could Barbados indicate how does it record the value and volume of the exporting companies 
that don't require registration and what kind of exchange control is applied to these companies?  
RESPONSE: All exports are recorded at the border. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM TRINIDAD AND TOBAGO 
Report by the World Trade Organization (WTO) Secretariat (WT/TPR/S/308) 
 SUMMARY 
(a) Paragraph 14 (page 8): It was indicated that during the period under review, Barbados 
continued to implement a number of incentive programmes targeted solely or partly at the promotion of exports. There were five (5) progra ms that were highlighted in the report by the 
Secretariat. Are these programmes aimed at promoting exports in particular sector(s)/sub-
sector(s) within the Barbados economy, if yes in what areas?  RESPONSE: The various programmes are geared towards promoting exports but they are 
not sector specific.  SECTION 1: Economic Environment 
(1.4) Structural reform 
 (1.4.1) Fiscal consolidation and public sector enterprises 
(a) Paragraph 1.29 (page 16): With regards to the layoff of 2,000 central government 
employees, was there a decline in employment in the public sector, specifically within key trade and border control divisions and if so has this impacted on the ease of doing business in Barbados? Further, what support measures were provided to th e laid off personnel to facilitate their transition 
back into the labour force and minimize social discord? 
 RESPONSE: The retrenchment programme has resulted in greater efficiency. Training 
opportunities where critical skills are required have been created as a result of projects 
and programmes which are to be im plemented in the near future. 
 
(1.5) Balance of payments 
(a) Paragraph 1.34 (page 17): This section highlighted that there was a considerable decline in the services surplus over the period under review, due mainly to a decline in the export of tourism 
services. How does Barbados plan to deal with th e falling revenue from this sector? Are there any 
medium/long-term plans aimed at diversification away from the economy’s dependence on this 
sector?  
RESPONSE: The Medium Term Growth and Development Strategy is currently being 
implemented. This Strategy is geared towards the contribution towards growth and GDP 
by a wider cross section of sectors. 
 
SECTION 2: Trade and Investment Regime (2.4) Investment Regime  
(a) Paragraph 2.67 (page 34): With respect to the repatriation of profits for current 
transactions, is Barbados considering revising its repatriation rules to improve its attractiveness to foreign investment? 
 
RESPONSE: The Central Bank of Barbados w ill permit the repatriation of any capital 
brought into the country and invested in Barbados provided that such capital is 
registered with the Central Bank. Any prof its or capital gains realized on such 
investment will be allowed repatriation pr ovided all local tax liabilities have been 
settled. In a limited number of cases wher e excessive capital gains are realized, the 
Central Bank reserves the right to stagger re mittances over a reasonable period of time. 
Interest earnings from any funds awaiti ng remittance may also be repatriated. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM THE UNITED STATES 
Part I: Questions on the Secretariat Report (WT/TPR/S/308) 
 Summary 
Page 9, Paragraph 14: The Secretariat’s Report notes that a reform of Barbados’s incentive 
programs for domestic industry, including some that promote exports, may be reduced as part of 
“Barbados’s process of fiscal consolidation aimed at gradually reducing its deficit and debt.”  Please 
provide more detail on Barbados’ plans to reduce  government spending and how these may affect 
government support for domestic industries?  RESPONSE : “The Government of Barbados’ plans to reduce spending entails the 
reduction of discretionary spen ding; however it is envisaged that this will be done in 
such a way as to avoid or minimise any adverse impact on domestic industries.” 
 
3.1.4 Tariffs 
Page 40, paragraph 3.17: With regard to MFN applied tariffs, the Secretariat’s report states “The 
highest rate for non-agricultural products continues to be applied on certain fish; other 
manufactures such as certain textiles and clothing products are faced with tariffs of 117% or 
60%.”  We note that these tariff rates are not reflected in Barbados’ “Latest available MFN applied tariffs” (15 Oct 2014) as listed in the WTO’s Situ ation of Schedules of Concessions in Goods at 
http://www.wto.org/english/tratop_e/sch edules_e/goods_schedules_table_e.htm. 
 
a) Please provide the textile and clothing HS numbers for which MFN applied tariffs are 
  117% or 60%. 
 
RESPONSE: The Customs Tariff (Amendment) (N0.9) Order 2009 provides for a rate of 
117% for the HS 6109.10.10 and HS 6109.90.10  
 
b) Are there any other differences between the tariff file reviewed by the Secretariat and 
  Barbados’ applied schedule dated 15 October 2014? 
 
RESPONSE: No, all other differences have been notified. 
 
3.1.8 Technical Regulations and standards 
 
Page 50, paragraph 3.42:  According to the Secretariat report, the Barbados National Standards 
Institution (BNSI) is identified as holding responsibility for development of technical regulations 
and standards in Barbados.  On page 51, paragraph 3.48 of the Report, reference is made that 
BNSI is amenable to the incorporation of regional (CARICOM) standards.  
a) Has BNSI adopted any regional standards issued by the CARICOM Regional 
Organization for Standards and Quality (CROSQ) during this review period and which 
ones? 
 
RESPONSE: During the review period 2008-2014, Barbados has adopted the following 
CARICOM Regional Standards: 
 
1) CRS 1: 2010 Packaged water – Specification 
2) CRCP 1: 2010 Packaged water – Code of Practice 
3) CRCP 2: 2010 Packaged natural coconut water – Code of Practice 
4) CRS 3: 2010 Packaged natural coconut water – Specification 
5) CRCP 2: 2010 Packaged natural coconut water – Code of Practice 
6) CRS 14: 2010 Requirements for good ma nagement practices for micro, small 
 and medium enterprises 
7) CRCP 3: 2010 Tour guides – Code of practice Τ 
8) CRCP 4: 2010 Fish and fishery prod ucts – Code of hygiene practice 
9) CRCP 6: 2010 Frozen fruit pulp and purees – Code of practice 
10) CRCP 7: 2010 Manufacture of Wooden  craft items – Code of practice 
11) CRS 11: Part 1: 2011 Tourist accommodat ion: Part 1 – General requirements 
 Τ 
12) CRS 12: 2010 Short term vehicl e rentals – Specification  WT/TPR/M/308/Add.1 
 
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  13) CRS 16: 2010 Botanical co smetics – Specification Τ 
14) CRS 17: 2010 Gold articles - Specification 
15) CRS 21: 2010 Indigenous fu rniture – Specification  
16) CRS 26: 2012 Labelling of retail pa ckages of tobacco products  
17) CRS 37: 2011 Labelling of retail pack ages of aerosol insecticides – 
 Specification 
18) CRS 22: 2010 Achar, amchar and kuchela – Specification  
19) CRS 24 Part 1: 2010 Grades of fresh agri cultural produce – Bananas – Part 1: 
 Specification 
20) CRS 24 Part 2: 2010 Grades of fresh ag ricultural produce – Cabbages – Part 
 2: Specification 
21) CRS 24 Part 3: 2010 Grades of fresh agri cultural produce – Grapefruits – Part 
 3: Specification 
22) CRS 24 Part 4: 2010 Grades of fresh ag ricultural produce – Hot peppers – 
 Part 4: Specification 
23) CRS 24 Part 5: 2010 Grades of fresh agri cultural produce – Mangoes – Part 5: 
 Specification 
24) CRS 24 Part 6: 2010 Grades of fresh agri cultural produce – Oranges – Part 6: 
 Specification 
25) CRS 24 Part 7: 2010 Grades of fresh agri cultural produce – Pineapples – Part 
 7: Specification 
26) CRS 24 Part 8: 2010 Grades of fresh agri cultural produce – Pumpkins – Part 
 8: Specification 
27) CRS 24 Part 9: 2010 Grades of fresh ag ricultural produce – Sweet peppers – 
 Part 9: Specification 
28) CRS 24 Part 10: 2010 Grades of fresh agri cultural produce – Tomatoes – Part 
 10: Specification 
29) CRS 35: 2010 Spices and sauces – Specification 
30) CRS 44: 2013 Rice – Specification. 
 
It should be noted, however, none of the adoptions are technical regulations. 
 
b) BNSI does not have a technical regulation or standard for a product to be imported, 
does Barbados default to international guidelines issued by CODEX Alimentarius, OIE 
and/or IPPC with respect to determining entry eligibility into the country?  If not, does 
Barbados default to an existing ISO standard? 
 
RESPONSE: Where there is no technical regulation or standard,  the Standards Act 2006-
5 Section 3 (c) states, "The Barbados National  Standards Institution shall recognise as a 
standard in relation to an article, process,  or service , any standard established by any 
other standards institution or body recognized  by the Institution" and at Section 5, Sub-
section 3 (b), "The Barbados National Stan dards shall include standards established by 
any other standards institution or body reco gnised by the Barbados National Standards 
Institution". 
 
Where regulations exist, those regulations mu st be satisfied to allow for items to be 
imported into Barbados. 
 
Page 52, paragraph 3.53: According to the Secretariat report, no technical regulations from 
trading partners have to date been recognized as equivalent by Barbados. Does Barbados have a process by which other countries can request equivalency review? If not, does Barbados envision 
developing such process within the next five years? 
 RESPONSE: Countries are free to request an equivalency review. Barbados would be 
guided by, but not solely bound to, the CASCO ISO/IEC 17065 which is the best practice benchmark for equivalency procedures.  
 WT/TPR/M/308/Add.1 
 
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  3.1.9 Sanitary and phytosanitary measures 
 Page 53, Paragraph 3.57: The Secretariat’s Report notes that Barbados is in the process of 
establishing a National Agricultural and Food Control Agency (NAHFCA), which would consolidate 
management of sanitary and phytosanitary regulations. How does Barbados foresee the 
establishment of the NAHFCA affecting access for agricultural imports?   
RESPONSE: Barbados anticipates that the establishment of the NAHFCA and the 
modernization of the NAHFCP will better facili tate the import of agriculture products.  
 Page 53, Paragraph 3.58: The Secretariat’s Report states that Barbados considers its current 
animal and plant health and food safety system s to “consist of fragmented and/or outdated 
legislation” and that the establishment of the NAHFCA is necessary to ensure these systems 
comply with international standards. Please provide more detail on the food safety systems or 
legislation that it considers outdated and what areas it expects NAHFCA to first address? 
 RESPONSE: The NAHFCP has had an assessmen t of the current legislation related to 
animal health, plant health, f ood safety, fisheries and public markets. Recommendations 
have been made with respect to the necessary amendments as well as the ones identified for prioritization. The Governme nt is in the process of developing a 
programme to implement the recommendations.  
 
Page 54-55, paragraph 3.65: According to the Secretariat report, the Parliament of Barbados 
passed an amendment to the Animals (Disease and Im portation) Act this past July. This act grants 
power to the Minister of Agriculture “to make Regulations to the Act and, on the advice of the 
Senior Veterinary Officer amend any Schedule to those Regulations.” The Secretariat’s report goes on to state that “regulations made under the Act automatically become law unless there is an 
objection from the House of Assembly. Will Barbad os notify these new regulations to the WTO, and 
allow its trading partners to comment on them before they become law? The United States encourages Barbados to notify any new SPS regulations to the WTO.  
RESPONSE:  The new Animals (Diseases and Importation Control) (Amendment) 
Regulations, 2014 were adopted by the Cabinet of Barbados in August 2014. Barbados 
intends to comply with all the notificati on requirements of the WTO as soon as 
practicable. 
 Page 55, paragraph 3.66: The Secretariat report notes that the commercial importer must obtain 
an annual import permit and must apply in writing for permission to import each individual shipment before placing the order.  What is the ra tional for requiring permission for each individual 
shipment, given Barbados’ open market stature and annual import permit requirement?  
RESPONSE:  The annual import permit for anim al products issued to commercial 
importers is an administrative mechanism that allows the Official Veterinary Services to 
generate a list of registered importers. Annual permits are issued for three broad 
classes of animal products; namely meat &pou ltry products, dairy products and products 
not for human consumption (primarily pet food s). This import licence does not specify 
the types of products within the broad classes that the importer is allowed to import nor 
the country of origin. The permit allows the importer to import an unlimited number of 
shipments within the permit period.  The reason why importers are required to apply for permission for each individual 
shipment is to allow the Veterinary Servic es to ensure that the products are being 
imported from approved countries (countri es with which Barbados has a negotiated 
sanitary import conditions agreement) and that the products being imported are not 
subject to any sanitary restrictions because of an animal disease outbreak or recall in 
the country of origin.  
Page 55, paragraph 3.70: The Secretariat report notes that an import ban is in place on genetically 
modified plants and seeds. 
 a) When and in what official publication was this ban notified and does this ban apply to 
domestically-developed genetically modified plants and seeds? WT/TPR/M/308/Add.1 
 
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  RESPONSE: Barbados' treatment of the import ation of genetically modified plants and 
seeds was notified to the Biosafety Clearing House of Cartagena Protocol in 2009. There 
is presently no domestic production of  genetically modified plants and seeds.  
 
b) Does Barbados have any plans to remove its ban on genetically-engineered products? 
 RESPONSE: Barbados does not have a ba n on genetically engineered products. 
 
Page 55, paragraph 3.71: The Secretariat report lists several government organizations 
responsible for testing and inspection activities. Does Barbados envision certifying third party entities beyond the three listed with such responsibilities to facilitate the process? 
 
RESPONSE:  Barbados does not envision, at this time, certifying other third party entities. 
 
Barbados notes in Section 3.72 that the Caribbe an Health and Food Safety Agency (CAHFSA) 
remains non-operational after multiple years thus does not seem to be a nearby-solution to the current challenges for products entering the market. 
 
RESPONSE:  It should be noted that the proce ss of operationalization of CAHFSA 
commenced on October 1, 2014 with the appoin tment of the Chief Executive Officer. The 
CEO, the Board and stakeholde r are currently developing the Agency’s work programme 
 
3.2.5 Export finance, insurance and guarantees  
Page 61-62, paragraph 3.101 and 3.105: Since Barbados became a WTO Member in 1995, has the 
Export Finance Guarantee Scheme provided any support for exports of agricultural products? Can 
Barbados quantify how much support has been prov ided in the form of export finance guarantees 
during the financial years in question for all products, and how much specifically to the agricultural 
sector?  RESPONSE: Forty six (46) export finance guarantees totaling BDS$4, 879,838.10 were 
issued since 1995. No guarantees were issued  for businesses in the agricultural sector. 
 3.4 Measures Affecting Production and Trade 
3.3.2 Competition policy and price controls 
 Page 74, paragraph 3.151: The Secretariat report notes that price control regulations were in 
place in mid-2014 on chicken wings, chicken back s and necks, turkey wings and regular sugar. 
What is the justification for maintaining price controls on these products?  RESPONSE:  One of the main reasons why chicken wings, necks and backs were placed 
under price control was to ensure that the p oor had access to an affordable source of 
protein. The removal of price controls on ch icken wings, necks and backs could lead to 
exorbitant prices which would place these products beyond the reach of vulnerable 
members of society, including the poor, sing le mothers and pensioners on small, fixed 
incomes, who should be afforded protecti on during the current economic recession. 
 
Exorbitant increases in the prices of chicke n wings, necks and backs would also have a 
detrimental impact on food vending which has provided an alternative source of 
employment for many persons who have lost their jobs as a result of the recession. 
 
3.3.3 State trading, state-owned enterprises and privatization 
 Page 74, paragraph 3.153: According to the Secretariat report, the Barbados Agricultural 
Development and Marketing Corporation (BADMC), identified as a state trading entity, has a legislative mandate under the Barbados Agricultural Development and Marketing Act 1993-12, to ensure the development of the local agricultural sector through innovative technological 
applications, technical and marketing research, an d to create opportunities for investment that 
engenders enterprises, food security and prosperi ty in the agricultural sector. Towards this end 
what measures has the BADMC undertaken to develop Barbados poultry sector to avoid reliance on 
non-market clearing pricing schemes (see price controls) or reliance on trade management under WT/TPR/M/308/Add.1 
 
- 42 - 
 
  its monopolistic authority on importation of poultry for wholesale and retail sale (see page 85, 
paragraph 4.8)?  RESPONSE:  Barbados Agricultural Development and Marketing Corporation acts on 
policy. There are areas of the Barbados Po ultry Industry such as the value added 
(processed meats) which do need non-market clearing schemes if they are to thrive. The 
BADMC is seeking to further develop this  sector to make it self-sufficient. 
 
3.3.4  Government procurement 
 Page 76, Paragraph 3.169: The Secretariat’s Report states that a new Procurement Bill was 
discussed in Parliament in late 2014, which “aims at  enhancing the transparency and efficiency of 
the procurement process.” Please provide an u pdate on changes to government procurement 
policy related to the Procurement Bill currently under consideration and detail how it will affect 
foreign companies bidding on government contracts. 
 RESPONSE: The Bill is still being finalized. It is  not anticipated that the Bill will adversely 
affect the ability of foreign companie s to bid on government contracts. 
 3.3.5 Intellectual property rights  
Page 79, Table 3.11: The Secretariat’s Report notes that the Copyright Act, 1998-4, covers, inter 
alia, “sound recordings, films, broadcasts or cable programmes.” 
 
a) Please explain more about the operation of section 82 of the Barbados Copyright Act, 
1998-4, which creates a compulsory licensing regime that authorizes the unaltered, simultaneous re-transmission of television programming without the need to obtain a license from the copyright 
owner, subject to providing the copyri ght owner with equitable remuneration. 
 
o Is this compulsory license also being applied to pay television programming? 
 
o Please provide further details on the operation of this Section 82 compulsory license, 
including the means and manner in which such remuneration is collected and distributed to foreign (and domestic) copyright owners who own the content in their 
television programming (both broadcast programming as well as any pay television 
channels, as applicable)? 
 
RESPONSE: Section 82 of the act is currently not functioning as envisaged. Barbados is 
seeking to address this matter.  
 Section 93 of the Barbados Copyright Act, 1998-4, describes various licenses involving the 
“performing, playing or showing the work in public” and “broadcasting the work or including it in a 
cable programme service.” We are curious to know more about the operation of this license (as well as any other related licenses) with respect to two areas: (1) the collection and distribution of 
remunerations collected for the public performance of music; and (2) the collection and 
distribution of remunerations for the broadcasting  and cablecasting of both domestic and foreign 
television programming.  
 
RESPONSE: COSCAP presently licenses the perf orming, playing and showing of works in 
the public for copyright and related rights  under a system of blanket licences in 
accordance with its schedule of tariffs. Ro yalties are paid to local and international 
rights holders based on performance data obta ined from broadcasters, which is used as 
a proxy for public performances where the co st of obtaining census information is not 
financially feasible, samples taken by COSCAP  at various licensed premises and events, 
self-reporting mechanisms and data obtain ed from its digital monitoring system. 
COSCAP uses a distribution system licensed fr om Rights Alternatives, a Swiss registered 
company and this system is also used by  other regional CMOs . Payments are made 
directly to local members and under a network of reciprocal agreements, to sister CMOs 
worldwide.  In terms of broadcasting licence fees are paid  for radio and free-to-air television under a 
number of interim agreements with most local broadcasters, although there are tariffs in WT/TPR/M/308/Add.1 
 
- 43 - 
 
  place. Where payments are received from br oadcasters, this is distributed using the 
licensing software on the basi s of performance data provided  by these broadcasters and 
data obtained from the digital monitoring system.  
Further to Table 3.11, could Barbados further explain what is considered a “typographical 
arrangements of published editions” that is discu ssed in this same Table? Why are they treated 
differently than other copyrights and pr otected for a period of only 25 years? 
 
RESPONSE: Section 3 of the Copyright Act, 1998 provides that “Copyright in the 
typographical arrangement of a publishe d edition exists for 25 calendar years 
immediately following the calendar year in  which the edition is first published”. 
 
Copyright in the typographical arrangement of  a published edition rests in the publisher 
of the published work. Typographical arra ngement is constituted by the style, 
composition, layout and general appearance of  a page of a published work. This 25-year 
protection period in respect of typographica l arrangements is not unique to Barbados as 
a similar term of protection can be found in other jurisdictions which are state parties to 
the principal international conventions. 
 a) Please also further explain the role and duties of the Copyright Tribunal.  
RESPONSE:  Part VII of the Copyright Act, 1998 ma kes provision for the establishment of 
the Copyright Tribunal. The membership of the Tribunal is appointed by the Minister 
with responsibility for intelle ctual property matters. Member s are appointed for a period 
of 3 years and are eligible for re-appointment. Section 102 of the Act sets out the 
jurisdiction of the Tribunal thus: 
 
102. (1) The functions of the tribunal are: 
 (a) to hear and determine  
(i) any matter referred to it pursuant to any provision of Part VI relating to licensing 
 (ii) an application under Section 99 to settle the royalty or other sum payable for rental 
of a sound recording, film or computer programme;  
 (b) to keep under review the prescribed rate of royalty payable to a performer in 
connection with an adaptation of an orig inal recording of his performance; and 
 (c) to make recommendations to the Minister on the rate of royalties or other payments 
payable in respect of the use or presentation in such national cultural event as he may 
by order designate, of any works or perfor mance in which copyright or other rights 
subsist.   
In addition, the Tribunal has authority to en quire into the appropriateness of rates and 
make recommendations to the Minist er as the Tribunal thinks fit. 
 
With the amendment of 2006 (Copyright (Amendment) Act, 2006-1), the membership 
was expanded to seven (7), of whom three shall be Attorneys-at-Law of at least ten 
years standing.   
Section 102 of the principal Act was also amended to provide that in circumstances 
where the Tribunal is exercising its jurisd iction under Section 102 (1) (a), that is 
hearing and determining matters relating to  copyright licensing and licensing schemes 
and settling royalties or other sum payable fo r rental of a sound recording, film or 
computer programme, then the panel shall comprise three members, at least one of whom must be an Attorney-at-Law, who shall be the Chairman of the panel. 
 
Likewise, in circumstances where the Tribunal is  exercising its jurisdiction under Section 
102 (1) (b) or (c) (as detailed above), then the panel must comprise five members, at least one of whom must be an Attorney-at- Law, who shall be Chairman of the panel. WT/TPR/M/308/Add.1 
 
- 44 - 
 
  Section 103 gives the Minister authority to make regulations respecting the proceedings 
before the tribunal.   Section 104 makes provision for an appeal to the High Court on any point of law arising 
from a decision of the Tribunal.  In additi on, the Tribunal may, by way of case stated, 
refer a question of law to the High Court for its opinion.  
The operations of the Tribunal are governed by the Copyright Tribunal Regulations, 2004 
which were made by the Minister in exercise  of powers conferred on him under sections 
103 and 148 of the Copyright Act.  
These Regulations govern the administrative procedures of the Tribunal, prescribe the 
relevant forms for use in matters before the Tribunal and set out the relevant filing fees 
in respect of applications to the Tribunal. 
 
Page 78, paragraph 3.176: The Secretariat report notes that Barbados is giving consideration to 
legal changes with respect to geographical indications. 
 
a) Please provide additional information on possible changes that are being contemplated. 
 RESPONSE: The review of the legislation on geographical indications is a work in 
progress before the Advisory Comm ittee on Intellectual Property.  
 b) Will Barbados ensure that the grounds for refusing protection or recognition of geographical 
indications include if the proposed GI is determined to likely cause confusion with a prior sign 
(whether a prior GI or a prior Trademark) or if the proposed GI is perceived to be the common name (generic) of a good in Barbados? 
 
c) Do interested parties have an opportunity to oppose a proposed geographical indication before it is protected as well as seek cancellation after such protection is granted?  Under what grounds can an opposition or cancellation proceeding be brought? 
 
RESPONSE: The Geographical Indications Act, Cap.320 which took effe ct at February 19, 
2001 was enacted for the purpose of providing pr otection for geographical indications in 
order to fulfill Barbados’ obligations under the TRIPS Agreement and related matters. 
 Part III of the Act (Sections 20 – 22) makes special provisions concerning marks and 
addresses such issues as misleading and conflicting marks, and makes exceptions 
regarding prior use and common names in the following terms:  Section 20. The Director shall, on his own mo tion or at the request of an interested 
party, refuse or invalidate the registration of  a trademark that contains or consists of a 
geographical indication with respect to goods not originating in the te rritory indicated, if 
use of the indication in the trademark for such goods in Barbados is of such a nature as 
to mislead the public as to the true place of origin. 
 Section 21. The registration of 
 
(a) A trademark for wines that contains or  consists of a geographical indication 
identifying wines; or   
(b) A trademark for spirits that contains or  consists of a geographical indication 
identifying spirits,  
shall be refused or invalidated by the Director  on his own motion or at the request of an 
interested party, with respect to such wine s or spirits that do not originate in the 
territory indicated. 
 
Section 22. (1) Nothing in this Act shall pr event continued and similar use in Barbados 
of a particular geographical indication of an other country identifying wines or spirits in 
connection with goods or services by citize ns, permanent residents or immigrants of WT/TPR/M/308/Add.1 
 
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  Barbados who have used that geographical indication in a continuous manner with 
regard to the same or related goods or services in Barbados. 
 
(a) for a period of at least 10 years immediately preceding 15th April, 1994; or 
(b) in good faith prior to that date. 
 (2) Where a trademark has been applied for or registered in good faith, or where rights 
to a trademark have been acquir ed through use in good faith 
 (a) before 19
th February, 2001; or 
 
(b) before the geographical indication is protected in its country of origin 
 this Act shall not prejudice the registrability of or the validity of the registration of a 
trademark, or the right to use a trademark,  on the basis that such a trademark is 
identical with, or similar to, a geographical indication.  
(3) Nothing in this Act shall apply in respect of a geographical indication of any country 
with respect to goods or services for which th e relevant indication  is identical with the 
term customarily used in common language as the common name for such goods or 
services in Barbados. 
 (4) Any request for relief made under Part I of this Act in connection with the use or 
registration of a trademark must be presented within 5 years after the adverse use of 
the protected geographical indication has be come generally known in Barbados or after 
the date or registration of the trademark in Barbados.   
(5) Subsection (4) applies only where the trademark has been published by the date of 
registration of the trademark in Barbados, where that date is earlier than the date on which the adverse use became generally kn own in Barbados and provided that the 
geographical indication is not us ed or registered in bad faith. 
 (6) This Act does not affect the right of any pe rson to use, in the course of trade, that 
person’s name or the name of that person’s  predecessor in business, except where such 
name is used in a manner that is likely to mislead the public. 
 The above provisions therefore makes clear th e basis on which the Director may, in the 
context of the administration of the geog raphical indications regime, on his own 
initiative or at the request of an interested party, refuse or invalidate the registration of 
a trademark. 
 
In similar vein, Section 10 of the Act makes provision for any interested party to give 
notice to the Director opposing the regist ration of a geographical indication thus: 
 
Section 10. (1) Any interested person may, within the prescribed period and in the 
prescribed manner, give notice to the Director  of an objection to the registration of the 
geographical indication referred to in Sectio n 8 on the grounds that it does not comply 
with the requirements of sectio n 5 or 8, or the regulations. 
 (2) The Director shall send a copy of the no tice referred to in subsection (1) to the 
applicant. 
 
(3) Upon receipt of the copy of the notice re ferred to in subsection (2), the applicant 
shall, within the prescribed period and in the prescribed manner, send to the Director a 
counter-statement of the grounds on which the applicant relies for his application; and if 
he does not do so, he shall be deemed  to have abandoned the application. 
 
Where the applicant sends a counter-statement, the Director shall furnish a copy thereof 
to the objector and, after hearing the parties,  i f  e i t h e r  o r  b o t h  w i s h  t o  b e  h e a r d ,  a n d 
considering the merits of the case, the Dire ctor shall decide whether the geographical 
indication should be registered 
 WT/TPR/M/308/Add.1 
 
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  Insofar as non-compliance with the requirements of Section 5 or 8 of the Act are made 
the basis of objections, note that these sections make the following provisions: 
 Section 5. The following shall not be pr otected as geographical indications: 
 
(a) indications that do not correspond to th e definition of “geographical indication” in 
Section 2; [This section defines geographical in dications as an indication that identifies 
goods as originating in the territory of a countr y, or a region or locality in that territory, 
where a given quality, reputation or other characteristic of the goods is essentially 
attributable to its geographical origin]  
(b) indications that offend public order or mortality; 
 (c) geographical indications that are not or cease to be protected in their country of 
origin, or that have fallen into disuse in that country. 
 Section 8. (1) The following may make an app lication to the Director for the registration 
of a geographical indication  
 (a) persons carrying on an activity as producer s in the geographical area specified in the 
application, with respect to the goods specified in the application;  
 
(b) consumers and groups of consumers; or  
(c) any marketing organisation incorporated  under the Companies Act or established 
under any enactment.  
(2) Where an applicant’s ordinary residence or principal place of business is outside 
Barbados, he shall be represented by an atto rney-at-law who is resident and practicing 
as an attorney-at-law in Barbados.  
(3) An application for the registration of a geographical indication shall specify  
 (a) the name, address and nationality of th e person making the application, and the 
capacity in which the applicant is applying for registration; 
 (b) the geographical indication for which registration is sought; 
 
(c) the geographical areas to which th e geographical indication applies; 
 (d) the goods to which the geographical indication applies; 
 
(e) the quality, reputation or other characte ristic of the goods in respect of which the 
geographical indication is used, and sha ll be accompanied by the prescribed fee. 
 
In addition, section 14 of the Act empowers any interested person to make application 
to the Court for the cancellation of the regist ration of a geographical indication or where 
applicable, for the rectification of the regist ration of a geographical indication. That 
section provides as follows:   Section 14. (1) Any interested pers on may apply to the Court for  
 
(a) the cancellation of the registration of a geographical indication on the grounds that 
it does not comply with section 5; or 
(b) the rectification of the registration of  a geographical indication on the grounds 
 (i) that the geographical area specified in the registration does not correspond to the 
geographical indication; or 
 (ii) that the indication of the products in re spect of which the geographical indication is 
intended to apply or the indication of the qu ality, reputation or other characteristic of 
such products is missing or is unsatisfactory. WT/TPR/M/308/Add.1 
 
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  (2) In any proceedings under this section, notice of the request for cancellation or 
rectification   (a) shall be served on the person who filed the application for registration of the 
geographical indication or his successor in title; and 
 (b) shall, by a publication in the prescribed  manner, be given to all persons having the 
right to use the geographical indication under section 11. 
 (3) The persons referred to in subsection (2) and any other interested person may, within such period as the Court specifies in th e notice and publication referred to in that 
subsection, apply to be joined in the proceedings. 
 (4) The Registrar of the Supreme Court shall no tify the Director of the decision of the 
Court or the decision on any appeal theref rom and the Director shall record it and 
publish a notice of the decision as soon as possible.  
The Geographical Indications Regulations, 2001 which took effect at January 7, 2002, at 
Part III under the heading “Special Provisio ns Concerning Trade Marks” (Sections 16-
18) sets forth the procedural and administra tive rules regarding refusal or invalidation 
of registration of misleading marks as well as  refusal or invalidation of registration of a 
mark which conflicts with certain geographical indications. 
 Page 79, Table 3.11: The Table further states, in part, that under the Copyright Act, 1998-4, 
copyright protection is granted to original literary and artistic works, such as musical works. Article 
11 of the Berne Convention, as incorporated in  TRIPS Article 9, establishes a system of 
compensation for the public performance right of musical works. Performing rights organizations 
and U.S. rights holders in the music industry report challenges with unlicensed public 
performances of copyrighted music by cable televi sion and satellite providers in Barbados. Please 
provide information on Barbados’ law and enforc ement system for the public performance of 
copyrighted music in light of its Berne/TRIPS obligations. 
 
RESPONSE: The copyright owner of music whic h garners public performance in Barbados 
has protection under our copyright law to the extent that the Copyright Act gives 
recognition to the rights of the copyright holder, including the exclusive right of 
authorizing the public performance of his works.  
Section 31 of the Act deals with acts of infrin gement and provides at subsection (1) that 
copyright in a work is infringed by a pers on who without the licence of the copyright 
owner does, in relation to that work, any of the acts which the copyright owner has the exclusive right to do pursuant to section 9. Section 9 defines the economic and moral 
rights of copyright holder. Further, section 31(5) speaks of infringement of a 
copyrighted work in cases where the work is transmitted by means of a telecommunications system and section 31 (6) to 31 (8) identifies the categories of 
persons who may be held liable where the copy right in a musical work is infringed by a 
public performance.  Such persons and any person who gave permission for the place to be used for the performance in the case of a performance at a place of public 
entertainment, a person who supplied the apparatus enabling the public performance of 
the work and an occupier of premises who gave permission for the apparatus to be 
brought onto the premises.  
By virtue of the provision at section 32 of  the Act an infringement of copyright is 
actionable at the suit of the copyright ow ner and relief by way of damages injunction 
and accounts are available to the plaintiff.  
 
4.1.2 Policies in agriculture  
Page 85, paragraph 4.11 (and page 24, Table 2.1): The Secretariat report notes that Barbados has 
not notified domestic support or export subsidies for years since 2006/07. When will Barbados be 
updating its notifications?  WT/TPR/M/308/Add.1 
 
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  RESPONSE:  Barbados is in the process of updati ng its domestic support (2007/08 to 
2012/13) and export subsidies (2008 to 2013) notifications and expects to submit to 
the WTO as soon as practicable.  
Page 88, paragraph 4.19: According to the Secretariat report, other measures included in the 
National Growth and Development Strategy includes a cane industry project, estimated at a cost of 
US$270 million over 2013-16. Given that the agriculture sector contributed BDS$103.7 million to 
Barbados’ economy in 2012 (see WT/TPR/G/308, page 6; Section 4.3) is there an economic 
rationale for devoting such a large amount of scarce resources to just one segment of the agricultural sector? What are the expected returns for such investment by the State, and, would this project fall under the authority of the BADMC?  
 
RESPONSE: The government of Barbados has identified the restructuring of the sugar 
industry as an important aspect of its na tional development st rategy. The reformed 
industry will in addition to the many mult ifunctional benefits that having a vibrant 
agricultural sector bring to an economy; en sure the contribution of agriculture to the 
national economy is improved. Using the trad itional sugarcane rotation system it is 
expected that increased food crop production will be realized as the trend of agricultural 
land lying idle is reversed. In addition the project will help to maintain the environment 
through preservation of topsoil and a pleasing aesthetic to tourists and locals alike. The 
sector will also continue to provide molasses to the vital Rum Industry ensuring that the 
home of rum produces branded product from  locally sourced molasses. At the social 
level, the sector will maintain the authenticity  of the major cultural event in the island 
i.e. ‘Crop Over’. The project is expected to significantly assist gove rnment in meeting its 
overall target of 29% contribu tion of renewable energy to the production of electricity 
by 2029 as has been done in other sugar producing countries such as Mauritius but 
using biomass fuels and thereby reducing the use of fossil fuels. A revitalized sugarcane 
industry in addition to production of brande d sugars instead of bulk raw sugar will also 
permit the colocation of facilities to heat an d cool agricultural crops as the project seeks 
to maximize the efficiency potential of year  round cogeneration of electricity and heat. 
 
The project is now being structured as a PPP  and as such will not be government debt. 
As a result the project has to be self-funding with an adequate return to meet investor’s 
requirements, which the project achieves. 
 
The project will not fall under the authority of the BADMC.  
4.3 Services 
4.3.1 Financial Services  Page 93, paragraph 4.46: The Secretariat report notes that many of the 2008 Financial System 
Assessment Programme’s recommendations still need to be implemented. When does Barbados plan to complete implementation?  
RESPONSE: In the most recent Financial Sy stem Assessment Report 2013, it was noted 
that a number of the recommendations of th e 2008 report have been addressed or have 
progressed beyond where they were in 2008.  Two key decision points dealt with the 
formation of the Financial Services Commi ssion and the Barbados Deposit Insurance 
Corporation, both of which have been achi eved. Authorities cont inue to address the 
outstanding areas.  
Part II: Questions on the Government Report 
 
7.1 Trade Facilitation 
 
Page 9, Paragraph 7.5: We note that Barbados states that “Trade Facilitation is an important issue 
for Barbados.”  The Barbados Government Report no tes that the country is currently in the process 
of scheduling its Trade Facilitation Agreement commitments into Categories as defined by the 
Agreement.  a) Could Barbados provide an update on its pr ogress scheduling its Trade Facilitation Agreement 
commitments into the defined categories? WT/TPR/M/308/Add.1 
 
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  b) When does Barbados expect to submit its category notifications, and formally accept the 
agreement?  RESPONSE: Barbados is in the process of  finalizing the various categories of 
commitments within the WTO Trade Facilitation Agreement and would be in a position to 
inform the WTO of those categories shortly. The Protocol and the Agreement are being examined by the relevant departments in Gove rnment and a decision will be made as to 
when Barbados will sign on to the Protocol in due course. 
 Part III: Other Questions 
 
In December 2001, the local Performance Rights Organization (Copyright Society of Composers, 
Authors & Publishers - COSCAP) brought a copyright infringement action against the Barbados Broadcasting Service (BBS).  In April 2007, the Barbados Supreme Court ruled in favor of COSCAP 
and ordered the BBS to apply to the Copyright Trib unal for determining the appropriate tariff to be 
paid for its broadcasts of copyrighted music.  To date, there has not been a final resolution by the 
Copyright Tribunal. 
 
a) It has been seven years since the matter was referred to the Copyright Tribunal and 13 years since the initial lawsuit was filed, what is the current status of this case before the Copyright Tribunal? 
 
RESPONSE: Closing arguments were heard at  the end of January 2015. A decision is 
expected shortly. 
 
b) What is the composition of the Copyright Tribunal and who has the authority to appoint tribunal members? 
 
RESPONSE: With the amendment of 2006 (Copyright (Amendment) Act, 2006-1), the 
membership of the tribunal was expanded to seven (7), of whom three shall be 
Attorneys-at-Law of at least ten years standing. The members of the Tribunal are 
appointed by the Minister with responsi bility for Intellectual Property Matters.  
 Does the Copyright Tribunal have any enforcement mechanisms/authority at its disposal to ensure 
that its resolutions are followed? 
 RESPONSE: The discretionary power under Regulation 33 states that where any party 
fails to comply with any direction given in  accordance with these Regulations by the 
Tribunal, the Tribunal may, if it considers that  the justice of the case so requires, order 
that such party be debarred from taking an y further part in the proceedings without 
leave of the Tribunal. There are no other substantive provisions on an enforcement 
mechanism. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM MEXICO 
State trading, state-owned en terprises and privatization 
WT/TPR/S/308-Page 75. Paragraph 3.155 According to Paragraph 3.153, in its 2013 notification to the WTO with respect to state trading 
enterprises, Barbados identified the Barbados Ag ricultural Development and Marketing Corporation 
(BADMC) as its sole state trading enterprise. Ho wever, paragraph 3.155 states that several other 
companies, such as the Barbados National Oil Company, are de facto sole traders. That same 
paragraph also states that a number of companies in Barbados are partly or totally state-owned 
and involved in commercial activities in different sectors. Are such enterprises’ commercial activities not carried out internationally, or why were such companies not included in the 2013 notification? 
RESPONSE: A review of all state-owned enterprises is currently being undertaken. The 
resulting structure may need to be notified if the entities meet the criteria for definition 
as a state trading enterprise.  
Sanitary and Phytosanitary Measures 
WT/TPR/S/308-Page 53. Paragraph 3.57 Paragraph 3.57 mentions that Barbados’ authorities are in the process of establishing the National 
Agricultural Health and Food Control Agency (NAHFCA). To this end, the Agricultural Health and 
Food Control Program (AHFCP) is currently being implemented. In what stage of implementation is the AHFCP? When is the establishment of  the NAHFCA expected to take place? 
RESPONSE: The AHFCP is at the beginning of  the implementation stage due to delays. 
The AHFCP is in the process of improving the relevant areas which are currently not 
being regulated. These include areas in plant and animal and food safety. The 
programme has been extended until 2017 and it  is anticipated that the NAHFCA will be 
established during the implementation period. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM TURKEY 
3.1.6 Import prohibitions, restrictions, and licensing, pg. 46-47, para. 3.27-3.28 
It is underlined in the Secretariat Report that “ Barbados continues to maintain a licensing regime 
that favours imports from other CARICOM partners…Under the Miscellaneous Controls (General 
Open Import Licence) Regulations, 2014, there are two schedules listing goods for which licences 
must be obtained: the First Schedule applies to imports originating outside CARICOM countries, and the Third Schedule applies to goods originat ing within CARICOM…The authorities stated that 
the different application of automatic licensing to CARICOM and non-CARICOM countries reflects 
different monitoring requirements.”  
 Considering Barbados’ positive discrimination for imports from CARICOM partners and different 
automatic import licensing implementations between CARICOM and non-CARICOM countries, could 
Barbados kindly explain major differences in th e import licensing requirements applied to the 
countries under these two categories?  
 
RESPONSE:  There is no difference to the monitoring requirements for goods sourced 
within CARICOM and those from non-CARICOM countries. All items subject to the import 
licensing regime are readily approved savi ng and except those, for which there is 
concern for health and safety , public morals and security .  
 2.4 Investment regime, pg. 33, para. 2.59 
It is mentioned in the Secretariat Report that “ Barbados does not have specific legislation with 
respect to foreign investment. No specific legal references are made with respect to any foreign 
investment restrictions, except those made in th e context of the CARIFORUM-EU EPA. Similarly, 
and despite liberal market access and establishment conditions in practice, there is no specific 
piece of legislation explicitly guaranteeing market access or national treatment to foreign investors, except for CARICOM nationals and comp anies, and, since 2009, the commitments made 
to the EU under the EPA. These guarantees as well as MFN and national treatment commitments 
are, however, specified in the different bilateral investment treaties signed by Barbados. In this 
respect, it would be desirable for Barbados to incorporate this treatment as well as investment guarantees in an Investment Act, which would apply to all trading partners and could be invoked in 
the courts. This would enhance the stability and predictability of the investment regime and would 
contribute to attracting new investors, including from countries with which Barbados has a bilateral 
investment agreement.”  
 
Could Barbados kindly give information on efforts to guarantee market access or national treatment for foreign investors? 
 
RESPONSE: Barbados has enacted a comprehensive set of legislation governing 
investment into and out of the country. Barb ados is seeking to expand its bilateral 
investment treaty network in order to further promote and offer protection to 
prospective investors. WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM THE EUROPEAN UNION 
3.1.6 Import prohibitions, restrictions, and licensing 
Page 48, paragraph 3.28  
Initial EU Question No. 2: Could Barbados clarify which are the monitoring requirements applicable 
to CARICOM and non-CARICOM countries, highlighting the differences between the two sets of requirements? 
 
RESPONSE: The mechanism used to monitor imports from CARICOM and non-CARICOM 
countries is the same. That is, importers must  specify the country of origin, the country 
from which the good is consigned and clearly state the tariff heading under which the 
good falls. This mechanism is in conformity  to the Miscellaneous Controls Act Cap 329.  
 3.3.5 Intellectual property rights 
Page 79, table 3.11 
 According to the table, Copyright (Prohibite d Imports) Regulations of 2004 and Statutory 
Instrument 2004 No. 82 of 23 June 2004 defines the procedures to be followed for the controls of 
border measures.  Initial EU Questions No. 4 to No. 7: Could Barbados confirm if it intends to provide ex-officio 
controls of border measures? Does Barbados provide coverage of exports and imports in its border 
measures? Could Barbados confirm the extent of coverage of IPRs in its general enforcement 
measures, as well as at the border? Could Barbados explain how it enables right holders from third 
countries to receive remuneration for communication to the public and broadcasting of sound 
recordings and audiovisual works from a legal point of view and in practice, and the value of such 
remuneration? 
 
RESPONSE: The Corporate Affairs and Intellectual Property Office is a creature of statute 
and functions in a regulatory and administra tive capacity. Its jurisdiction does not 
extend to matters of enforcement which fall to the Royal Barbados Police Force, Her 
Majesty’s Customs and the Judiciary. 
 On this basis it is therefore our submission that the Comptroller of Customs is best placed to 
respond to the question as to the coverage of ex ports and imports in our border measures, as well 
as in respect of the extent of coverage of IPRs at the border.  
Meanwhile, we do acknowledge the enforcement prov isions under the IP legislation as follows: 
(i) Copyright  [….]  EU follow-up questions: 
 
The EU would like to stress that it awaits a specific answer to the following question:  
"Could Barbados explain how it enables right holders from third countries to receive remuneration 
for communication to the public and broadcasting of sound recordings and audiovisual works from 
a legal point of view and in practice , and the value of such remuneration? 
 
RESPONSE: COSCAP presently licenses the perf orming, playing and showing of works in 
the public for copyright and related rights  under a system of blanket licences in 
accordance with its schedule of tariffs.  Ro yalties are paid to local and international 
rights holders based on performance data obta ined from broadcasters, which is used as 
a proxy for public performances where the co st of obtaining census information is not 
financially feasible, samples taken by COSCAP  at various licensed premises and events, 
self-reporting mechanisms and data obtain ed from its digital monitoring system. 
COSCAP uses a distribution system licensed fr om Rights Alternatives, a Swiss registered 
company and this system is also used by  other regional CMOs . Payments are made 
directly to local members and under a network of reciprocal agreements, to sister CMOs 
worldwide.   WT/TPR/M/308/Add.1 
 
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  Average annual value  
 Copyright Related Rights 
The Value of licensing for 
sound recording (public 
Performance BDS $540,000 $375,000 
The Value of licensing of 
sound recordings (radio 
broadcast) Bds $220,000 Bds $100,000 
The Value of licensing for 
audiovisual works (TV 
Free-to-air transmission) Bds 42,000 - 
 WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM THE DOMINICAN REPUBLIC 
1. On the matter of Maritime/Naval Transportation, Barbados had apprised of the Law of 
Incentives  which is meant to encourage/stimulate the development of the local shipping industry. 
In this vein, we are interested in knowing th e requirements/formalities as set out by this 
legislation. 
 2. Would Barbados indicate whether it is currently negotiating the current trade agreements or 
developing/broadening/adding to/expanding them? 
 RESPONSE: Barbados is currently seeking to  conclude a mutually beneficial trade 
agreement with Canada under the rubric of CARICOM.  WT/TPR/M/308/Add.1 
 
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  QUESTIONS FROM COLOMBIA 
Paragraph 2.67, the report by the Secretariat indicates that... "Pursuant to the Exchange Control 
law, the Central Bank regulates investment transfers and capital remittances. An authorization is required for a non-resident to acquire shares of  a company incorporated in Barbados, except for 
offshore companies. Non-residents or foreign inve stors must register with the Central Bank funds 
entering Barbados to facilitate their repatriation. In general, foreign currency funds can be freely repatriated for current transactions. However, if substantial profits have been obtained, the 
repatriation could be progressively phased during a period determined by the Central Bank, which 
can be up to five years. Offshore companies are exempt from Exchange control restrictions. The acquisition of real estate by foreigners requires permission of the Central Bank. Expropriation requires the approval of a written law and is subject to compensation. 
 
14. Which factor determines the period of repatriati on of capital when there are substantial profits? 
 
RESPONSE: Repatriation of capital brough t into Barbados plus any gains derived 
therefrom will only be allowed provided that all statutory liabilities have been settled.  
 
3.1.6 Import prohibitions, restrictions and licensing 
 Paragraph 3.28, of the Secretariat's report points out that...: "within the framework of the regulation of various controls (open general import licence), 2014, there are two lists which lists 
the products for which licenses must be obtained. The first list is applied to imports from outside 
CARICOM and the third list is applied to goods originating in CARICOM (table 3.7). To remove products from these lists or to include in them th e approval of the legislat ure; must be obtained 
 
Paragraph 5.3 of the Government (WT/TPR/G/308)  report indicated that... "During the period 
under review, Barbados eliminated in addition the requirement of import licensing for some 
products. These products include various oils (olive oil, palm and rapeseed, among others); pasta; 
biscuits; nuts; doors and door frames; paper; bars and rods; accumulators; powder detergent SOAP; liquid dishwasher; liquid bleach."  
17. Could Barbados indicate how it determines wh ich products should be included in each list, 
what is the procedure to bring the amendment before the legislature and what criteria are taken into account to authorize the modification of these lists? 
 
RESPONSE: These products are included in the respective list to inform prospective 
manufacturers and/or distributors of th e quantities being imported. When these 
respective schedules detailing the list of items were compiled in the early 1970’s the 
import licensing regime was used to collect data for prospective investors. The Minister 
responsible for Commerce makes a proposal  to the Cabinet and if agreed to the 
legislature must make the changes as these items are subject to an act of Parliament. 
The criteria used is to further comply wi th the rules of the WTO to allow further 
liberalization of trade.  
__________