RESTRICTED  
  
WT/TPR/S/299  
13 May 2014  
(14-2955)  Page: 1/378  
Trade Policy Review Body   
 
 TRADE POLICY REVIEW 
REPORT BY THE SECRETARIAT 
OECS-WTO  MEMBERS  
This report, prepared for the third Trade Policy Re view of OECS-WTO Members, has been drawn up 
by the WTO Secretariat on its own responsibili ty. The Secretariat has, as required by the 
Agreement establishing the Trade Policy Review Mechanism (Annex 3 of the Marrakesh Agreement 
Establishing the World Trade Organization), sought clarification from OECS-WTO Members on its 
trade policies and practices.  Any technical questions arising from this report may be addressed to Angelo Silvy (tel: 022 739 
5249), Usman Ali Khilji (tel: 022 739 6936), Rosen Marinov (tel: 022 739 6391), and 
Nelnan Koumtingue (tel: 022 739 6252).  
Document WT/TPR/G/299 contains the policy statement submitted by OECS-WTO Members. 
 
 
Note: This report is subject to restricted circulation and press embargo until the end of the first 
session of the meeting of the Trade Policy Review  Body on OECS-WTO Members. This report was 
drafted in English. WT/TPR/S/299 • OECS-WTO Members 
 
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  CONTENTS 
SUMMARY ....................................................................................................................... . 5 
1   ECONOMIC ENVIRONMENT ........................................................................................ 10  
1.1   Real  Econ omy .......................................................................................................... 10 
1.2   Monetary and exchange policy .................................................................................... 12 
1.2.1   Fiscal policy ......................................................................................................... . 13 
1.2.2   Balance of payments .............................................................................................. 14 
1.3   Trade flows .............................................................................................................. 15 
2   TRADE POLICY REGIME: FR AMEWORK AND OB JECTIVES .......................................... 18  
2.1   General Constitution al and Legal Framework ................................................................ 18 
2.2   Development and Admini stration of Trade Policy ........................................................... 18 
2.3   Trade Agreements and Arrangements International Relations .......................................... 19 
2.3.1   WTO ................................................................................................................... . 19 
2.3.2   Foreign investment regime ...................................................................................... 21 
2.3.3   Regional agreements .............................................................................................. 22 
2.3.3.1   OECS ................................................................................................................  22 
2.3.3.1.1   Overview ........................................................................................................ 22 
2.3.3.1.2   OECS Economic Union ....................................................................................... 22 
2.3.3.1.3   OECS institutions ............................................................................................. 24 
2.3.3.2   CARICOM ........................................................................................................... 24 
2.3.3.3   CARIFORUM-EU Economic  Partnership Ag reement (EPA) ........................................... 27 
2.3.3.4   Bilateral agreements ........................................................................................... 32 
2.3.3.4.1   CARICOM-Colombia .......................................................................................... 32 
2.3.3.4.2   CARI COM-Costa Rica ........................................................................................ 32 
2.3.3.4.3   CARICOM-Cuba ................................................................................................ 32 
2.3.3.4.4   CARICOM-Dominican Republic Free Tr ade Agreement ............................................ 33 
2.3.3.4.5   CARICOM-Venezuela ......................................................................................... 33 
2.3.3.5   Non-reciprocal agreements ................................................................................... 33 
3   TRADE POLICIES AND PRACTICES BY MEASURE ........................................................ 35  
3.1   Measures Direct ly Affectin g Imports ............................................................................ 35 
3.1.1   Procedures, customs valuation and rules of origin ....................................................... 35 
3.1.2   Tariffs ............................................................................................................... ... 35 
3.1.2.1   Structure ...........................................................................................................  35 
3.1.2.2   Tari ff bindings .................................................................................................... 35 
3.1.2.3   MFN applied tariff ................................................................................................ 36 
3.1.3   Tariff an d tax conc essions ....................................................................................... 38 
3.1.4   Tariff preferences .................................................................................................. 38 
3.1.5   Other charge s affecting imports ............................................................................... 38 
3.1.6   Import prohibitions, restrictions an d licensing ............................................................ 39 
3.1.7   Continge ncy measures ........................................................................................... 39 WT/TPR/S/299 • OECS-WTO Members 
 
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  3.1.8   Technical regu lations and standards ......................................................................... 40 
3.1.9   Sanitary and ph ytosanitary measures ....................................................................... 41 
3.2   Measures Directly Affecting Exports ............................................................................. 42 
3.2.1   Export procedures, export prohibitions and export taxes .............................................. 42 
3.2.2   Export subsidies, fi nancing support, and promotion .................................................... 42 
3.3   Measures Affectin g Production and Trade ..................................................................... 43 
3.3.1   In centives ............................................................................................................  43 
3.3.2   Competition policy and price controls ........................................................................ 43 
3.3.3   State-owned enterprises and marketing boards .......................................................... 43 
3.3.4   Governme nt procurement ....................................................................................... 45 
3.3.5   Intellectual property rights ...................................................................................... 45 
4   TRADE POLICIES BY SECTOR ..................................................................................... 47  
4.1   Agriculture ............................................................................................................. . 47 
4.2   Manuf acturi ng .......................................................................................................... 47 
4.3   Services ................................................................................................................ .. 48 
4.3.1   GATS commitments ............................................................................................... 48 
4.3.2   Telecommunications ............................................................................................... 49 
4.3.3   Banking, finance, and insurance ............................................................................... 53 
4.3.3.1   Overview ........................................................................................................... 53 
4.3.3.2   Banking .............................................................................................................  54 
4.3.3.2.1   Onshore banking .............................................................................................. 54 
4.3.3.2.2   Offshore banking .............................................................................................. 55 
4.3.3.3   Insura nce .......................................................................................................... 56 
4.3.3.4   Securities ..........................................................................................................  57 
4.3.4   Transport .............................................................................................................  58 
4.3.4.1   Air transport ....................................................................................................... 58 
4.3.4.2   Mariti me tran sport .............................................................................................. 59 
4.3.5   Tourism ................................................................................................................ 59 
4.3.6   Professi onal serv ices .............................................................................................. 60 
4.3.7   Other offshore services ........................................................................................... 61 
REFERENCES .................................................................................................................. 6 2 
ANNEX 1: ANTIGUA AND BARBUDA ................................................................................ 63 
ANNEX 2: DOMINICA .................................................................................................... 114 
ANNEX 3: GR ENADA ..................................................................................................... 163 
ANNEX 4: SAINT KITTS AND NEVIS .............................................................................. 224 
ANNEX 5: SAINT LUCIA ................................................................................................ 293 ANNEX 6: SAINT VINCENT AN D THE GRENADINES ....................................................... 337 
 WT/TPR/S/299 • OECS-WTO Members 
 
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  CHARTS 
 Chart 1.1 OECS-WTO Members' merchandis e trade by SITC se ction, 2007 and 2012 ................. 16
 
Chart 1.2 Total exports of OECS-WTO Members by selected partners, latest available year ......... 17 
Chart 1.3 Total imports of OECS-WTO Members by selected partners, latest available year ......... 17 
 
TABLES 
 
Table 1.1 OECS GDP, 2007- 13 ........................................................................................... 10 
Table 1.2 Central government  fiscal account s, 2007-12 ......................................................... 13 
Table 1.3 Balance of payments, 2007-13 ............................................................................. 14 
Table 2.1 Main areas where legal or regulato ry amendments are needed to comply with 
WTO provis ions ............................................................................................................... 19 
Table 2.2 Notifications to the WTO,  January 2007 to Fe bruary 2014 ........................................ 20 
Table 2.3 Summary analysis of EPA preferential  tariffs scheduled for imports from the EU, 
2013.  ........................................................................................................................ .... 30 
Table 3.1 OECS summary tariff analys is, 2013  ..................................................................... 36 
Table 3.2 OECS WTO Member s' standard s bureaux ............................................................... 40 
Table 3.3 Marketing boards or similar arrangements in pl ace over 2007-13 .............................. 44 
Table 3.4 Intellectual property rights legi slation enacted since the Urugua y Round .................... 45 
Table 4.1 Sectors in which GATS sp ecific commitment s were made ......................................... 48 
Table 4.2 Key telecommunications service indica tors in the ECTEL Me mber States, 2008-13 ....... 50 
Table 4.3 OECS ECTEL members, st atus of approved  regulations ............................................ 51 
Table 4.4 Telecoms operators in the ECTEL area ................................................................... 53 
Table 4.5 Institutions licensed under the Banking Act in the OECS Members, 2013 .................... 55 
Table 4.6 Other financial institut ions in the OECS-WTO Members ............................................ 56 
BOXES 
 
Box 1.1 The collapse of CL Financial Group, CLICO and BAICO ................................................ 11 
 
 WT/TPR/S/299 • OECS-WTO Members 
 
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  SUMMARY 
1. The WTO Members of the Organization of Eastern Caribbean States (OECS WTO Members) 
consist of six independent states located in th e Lesser Antilles: Antigua and Barbuda, Dominica, 
Grenada, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines. The OECS WTO 
Members are small vulnerable economies with GDP per capita ranging from about US$6,300 
(St. Vincent and the Grenadines) to over US$13,00 0 (Antigua and Barbuda). They are located in a 
region prone to natural disasters, mainly hurri canes. The economies of the OECS-WTO Members 
are highly dependent on tourism services, with the sector's contribution to GDP varying from 
24.2% in Grenada to nearly 75% in Antigua and Barbuda. To a lesser extent, and varying degrees, 
the financial services sector is also a significant contributor to GDP and employment, as well as construction. For most OECS-WTO Members, the sh are of agriculture and manufacturing in GDP is 
small; the main exceptions are Dominica as regards agriculture and St. Kitts and Nevis with 
respect to manufacturing.  
2. Their narrow economic base, exposure to natural disasters and a high reliance on imports 
make the OECS-WTO Members vulnerable to exogen ous shocks. In fact, during the period under 
review, the global financial crisis coupled with natural disasters in the region adversely impacted their economies. Consequently, real GDP for the OECS contracted by nearly 10% between 2009 
and 2010 before recovering slightly in 2011, and contracting again in 2012. The contraction in GDP 
was due mainly to a decline in the tourist arrivals from North America and Europe, as well as lower per capita expenditure. Furthermore, the OECS WTO Members were affected by financial sector 
problems in the region, including the collapse of  the CL Financial Group (Trinidad and Tobago), 
which had a contagion effect on the OECS throug h its subsidiaries CLICO and BAICO. Antigua and 
Barbuda's financial sector was particularly hit by the collapse of two local banks and a large offshore banking institution. Mainly supported  by increased services exports GDP growth 
rebounded somewhat in 2013, when an estimated collective real growth rate of 1.2% was posted. 
All in all, the economies of the OECS-WTO stagnated during 2007-13. 
3. The OECS WTO Members have a common monetary policy and central bank, the Eastern 
Caribbean Central Bank, or ECCB, and the EC dollar continues to be pegged to the US dollar. The 
ECCB also operates a regional market for government securities. The ECCB is tasked with keeping inflation under control. Inflation as measured by  the consumer price index fell from 6.5% in 2008 
to below 1% in 2009, reflecting falling demand, picked up in 2010 and 2011 but declined in 2012 
and 2013 due mainly to lower prices for commodities and reflecting subdued aggregate demand.  
4. The Revised Treaty of Basseterre Establishing the OECS Economic Union calls for the 
progressive harmonization of fiscal policies at the OECS level. However, to date, each OECS WTO 
Member continues, by and large, to conduct fisca l policy in an independent manner. Although all 
OECS WTO Members saw their overall fiscal deficit increase in 2009 as a consequence of the global crisis, fiscal performance varied considerably across the OECS. The worsening fiscal situation was 
due mainly to a fall in revenue and continued high levels of expenditure. In response to the crisis, 
the OECS WTO Members initiated programmes of fiscal reform and consolidation. With regards to tax reform, measures included the elimination of the consumption tax and its replacement by a value-added tax (VAT) (St Kitts and Nevis, St Lucia, and Dominica), a rationalization of fuel prices 
(St Lucia, and Antigua and Barbuda), and a reform of excise taxes (St Kitts and Nevis, Antigua and 
Barbuda, Dominica, and St Vincent and the Grenadin es). In parallel, debt restructuring strategies 
have been pursued to seek debt relief. The measures adopted so far seem to have been effective: 
the overall fiscal deficit of the OECS WTO Members fell from 4.6% of GDP in 2009 to 2.4% of GDP 
in 2012. Public debt as a percentage of GDP has declined to 83% from over 100% at the time of the last review. 
5. The OECS WTO Members continue to be characterized by a recurrent shortage of savings 
over investment, which requires substantial capital inflows to finance deficits in the external current accounts. The combined deficit in the current account of the balance of payments reached a peak of nearly 30% of GDP in 2008, but has been declining since to 17% of GDP in 2012, mainly 
on account of a decline in imports and a recovery in tourism receipts. The OECS WTO Members 
have a structurally large deficit in merchandise trade and an important surplus in their services balance. The overall deficit in the merchandise trade balance reached 32% of GDP in 2012 and the 
surplus in services 14% of GDP. WT/TPR/S/299 • OECS-WTO Members 
 
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  6. Trade plays a main role in the OECS WTO Members, representing some 100% of their 
aggregate GDP; they are net importers of goods an d net exporters of services. During the period 
under review, the value of exports remained relatively stable, but the value of imports declined substantially and currently stands of some 80% of  its pre-crisis level. The OECS WTO Members' 
main trading partners are the United States, the European Union, Trinidad and Tobago, Barbados, 
and Canada. 
7. A significant development since the last review has been the signing of the Revised Treaty of 
Basseterre Establishing the OECS Economic Union in June 2010. The Treaty calls for the free 
movement of goods, people, capital and services. Although the Economic Union was launched in January 2011, it has not been fully implemented as considerable work needs to be done to harmonize legislation, institutions and tariff schedules. 
8. Through the signature of the CARIFORUM-EU Economic Partnership Agreement (EPA) in 
October 2008, the OECS WTO Members entered into a reciprocal free-trade agreement with the European Union for the first time whereby the OE CS WTO Members are committed to a scheduled, 
gradual reduction of tariffs on a substantial portion of their trade with the EU. The main challenges 
for the OECS WTO Members relate to the implem entation of the agreement, in particular 
addressing the reforms needed to ensure that dome stic legislation complies with the requirements 
of the EPA. In doing this, the OECS WTO Members might be addressing several of the issues raised 
by Members in their previous Trade Policy Review. 
9. As a result of the events during the period under review, the OECS Members' international 
trade commitments now move around four concentric circles: a) the OECS Economic Union; 
b) CARICOM and the CARICOM Single Market and Economy (CSME); c) the CARIFORUM-EU 
Economic Partnership (EPA) (and other such futu re agreements); d) and the multilateral trading 
system. 
10. Through their participation in CARICOM, the OECS WTO Members have bilateral trade 
agreements with Canada, Colombia, Cuba, Cost a Rica, Dominican Republic, and Venezuela.  
11. Since their last Review in 2007, trade policy coordination among OECS-WTO Members has 
increased, including in areas such as contingency measures, competition policy and fiscal policy. 
The similarities of the OECS WTO Members' legal systems facilitate the use of model legislation. The use of model laws has helped to increase transparency and comparability across countries. This has been especially the case in certain services areas, such as telecommunications, where 
national laws follow the Eastern Caribbean Telecommunications Authority (ECTEL) model, and 
banking, where uniform banking acts devised by  the ECCB have been implemented. However, 
domestic laws must still be drafted and adopted by national legislatures, even when based on a 
common model law. Moreover, frequently, the incorporation of changes decided at the regional or 
multilateral level is slow, as apart from ratification and issue of a new law, regulations for implementation must be prepared in each country . As a result, sometimes implementation is not 
effective, because this whole process is not completed. This is the case with respect to the 
provisions of some WTO Agreements. This is expect ed to change with the full consolidation of the 
OECS Economic Union, where legal drafting and implementation competences on five specific 
areas have been devolved to the OECS. 
12. In their participation in the multilateral trading system, the OECS WTO Members have 
repeatedly stated their position with respect to the flexibilities needed in the WTO to take account of their development needs as "small vulnerab le economies". They have also advocated for 
reinforcement of the support mechanisms, including technical cooperation, to help them fulfil their 
WTO commitments and conduct the institutional, le gal, and economic adjustment required as a 
result of trade liberalization.  
13. Compliance with notification obligations remains a challenge for OECS WTO Members. 
Although an effort has been made to keep up to date notifications in some areas, such as subsidies, there is an overall lack of notifications on agriculture and sanitary and phytosanitary measures. This partly reflects the significant human resource limitations and underscores the 
importance of continuing to pursue a higher de gree of cooperation among the OECS WTO Members 
in the formulation and implementation of trade policy.  WT/TPR/S/299 • OECS-WTO Members 
 
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  14. The OECS WTO Members' investment regime is generally open, and, with the main 
exception of the requirements for obtaining alien landholding licences, foreign investment receives national treatment. During the period under revi ew, Antigua and Barbuda, Grenada, and St. Lucia, 
repealed their Fiscal Incentives Acts and replaced them by broader incentives legislation that does 
not provide explicit export subsidies and does not impose local-content requirements. In the other 
three OECS countries, the process is ongoing. 
15. During the period under review, OECS-WTO Me mbers have continued to introduce measures 
to facilitate trade. Dominica, Grenada, St Lucia and St Vincent and the Grenadines use different 
versions of ASYCUDA for customs processing and clearance, while Antigua and Barbuda and 
St Kitts and Nevis are in the process of migrating to ASYCUDA World. Customs clearance varies from about five hours (Antigua and Barbuda) to about two days (St. Vinc ent and the Grenadines). 
The OECS WTO Members use the transaction value for customs valuation except for Grenada, 
which continues to use minimum import prices. 
16. To a lesser degree than in the past review, the OECS-WTO Members continue to rely on 
taxes on foreign trade, mainly tariffs, customs service charges, excise taxes and environmental 
charges. In 2012, taxes collected on international trade represented some 33% of tax revenue in the OECS WTO Members as a whole. Most OECS WTO Members undertook reforms aimed at 
decreasing dependence on trade taxes during  the period under review, mainly with the 
introduction of the VAT, which applied to both goods and services. VAT rates vary across countries, ranging from 10 to 17%. The implementation of the VAT was one of the recommendations 
stemming from the past Trade Policy Review. 
17. The OECS-WTO Members apply CARICOM's Commo n External Tariff (CET) with exceptions. 
Nearly all tariff lines are bound in each country and the average applied MFN tariff remains at 11%. The OECS average import duty for agricu ltural products (WTO definition) is 19.1%, 
considerably higher than that for non-agricultural  products (9.4%). During the review period all 
the OECS WTO Members moved towards the application of the HS2007 tariff nomenclature. However, a major harmonization still needs to be carried out as regards the tariff structure and 
levels, which, although based on the CARICOM CET, continue to vary considerably across 
countries. Specific duties apply to a very small number of lines and none of the countries apply tariff rate quotas. Customs service charges (CSC) range from 3% in Dominica to up to 10% in Antigua and Barbuda. The only OECS country to ha ve recorded the CSC in its WTO Tariff Schedule 
is St. Kitts and Nevis. The CSC is applied on all imports, including those from other OECS WTO 
Members. 
18. OECS WTO Members use import licensing for their trade with third parties. Most licences are 
granted automatically; however, non-automatic licences are also still used. These impact mainly 
agricultural and agri-business goods. In some  OECS WTO Members, and for some specific 
products, the concession of a non-automatic licence is  linked to domestic purchases of the product.  
19. Independent standards bodies function in each of the OECS WTO Members. In terms of their 
structure, mandate, and procedures required for the adoption of standards and technical requirements, the OECS WTO Members are quite similar. Technical regulations are developed in essentially the same manner as standards. Technical regulations and standards are generally 
adapted from international standards. Grenada, St Kitts and Nevis, and St Lucia undertake 
certification. During the period under review, Antigua and Barbuda and Grenada passed legislation on metrology. 
20. None of the OECS WTO Members notified any measures to the WTO SPS Committee during 
the review period. The OECS WTO Members do not have an inventory of SPS measures that have been adopted. Since the last Review, new legislation pertaining to SPS measures has been enacted 
in Antigua and Barbuda and St Kitts and Nevis. 
21. With a few exceptions, the OECS WTO Members do not use export-licensing. Only Antigua 
and Barbuda applies export taxes, on a limited number of products.  
22. Traditionally, production for export has benefitted from tax incentives. All six OECS WTO 
Members have notified the WTO Committee on Subsidies and Countervailing Measures of their 
Fiscal Incentives Acts as providing export subsidies. The Fiscal Incentives Acts provide relief from WT/TPR/S/299 • OECS-WTO Members 
 
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  customs duty and income tax waivers for a certain length of time depending on the size of the 
investment and on export content. Antigua an d Barbuda, Grenada and St. Lucia have already 
repealed these Acts, the other three OECS WTO Members are in the process of doing so before the end-2015 deadline granted by the WTO's General Co uncil. Antigua and Barbuda, St Lucia, and St 
Vincent and the Grenadines (not operational) al so provide for free zones where enterprises are 
exempt from customs duty and other taxes on imports. 
23.  OECS WTO Members do not have national programmes for export credit, insurance or 
guarantees. The export insurance facility provid ed by the Eastern Caribbean Central Bank (ECCB) 
for manufacturing exports, covering political and commercial risks was terminated in 2009.  
24. The OECS WTO Members operate a number of incentives schemes to encourage and 
promote both domestic and foreign investment. During the period under review, Antigua and 
Barbuda and Grenada enacted new legislation on incentives to replace their Fiscal Incentives Acts. 
The main change modified the export subsidy element,  present in the previous legislation, so as to 
meet the export subsidy phase-out by 2015. The remaining OECS Members are in the process of 
modifying their fiscal incentives laws accordingly. In addition, sector-specific incentives are in 
place. For example, a number of countries offer incentives to the tourism sector through the Hotels Aid Act. Agriculture and small businesses also receive incentives. 
25. None of the OECS WTO Members has functional competition policy legislation in place. 
However, the CARICOM Competition Commission, inaugurated in January 2008 and headquartered in Suriname, is in charge of competition issues and enforcement at CARICOM level. Additionally, the OECS countries have agreed to establish an  Eastern Caribbean Competition Authority by 2015. 
26. All the OECS WTO Members apply price controls in the form of maximum prices and 
maximum mark-ups to a limited number of products , which vary from five in Dominica to about 
100 items in St Vincent and the Grenadines. Products covered include essential food items, fuel 
and natural gas, fertilizer, and certain building materials. Marketing boards are in operation in all 
OECS-WTO Members, primarily in the agricultural field.  
27. None of the OECS WTO Members are parties to the WTO Agreement on Government 
Procurement. During the period under review, Antigua and Barbuda, Dominica, and St Kitts and 
Nevis passed new legislation on government procurement; the legislation has not yet entered into force in Antigua and Barbuda. OECS WTO Members generally provide for both public and selective tendering. Public tendering is generally used for larger projects and when required by a donor's 
rules. Local or regional suppliers are not granted any preferences, except in Dominica.  
28. Significant progress has been made on IPRs across the OECS WTO Members. Dominica had 
enacted IPR-related legislation at the time of the last review, but the laws were not in force; they 
entered into force during the current review pe riod. Grenada introduced copyright, patents and 
trade mark legislation in 2011 and 2012; draft legislation on geographical indications, layout designs of integrated circuits, protection of plant varieties, and undisclosed information is under 
consideration. However, although progress has be en made further efforts are required to fully 
reflect the TRIPS Agreement in national legislation. 
29. Agriculture plays in general a smaller role in the economy of the OECS WTO Members than 
in the past. The sector has been affected by diminishing banana production, natural disasters (for 
example with the respect to nutmeg production in Grenada), and the demise of the sugar industry 
in St. Kitts and Nevis. The relative importance of the sector varies widely across OECS states, from virtually nil in Antigua and Barbuda, to moderately high in Dominica. The level of protection also 
varies, with some countries resorting to non-tariff barriers to shield their producers. Manufacturing 
activities in most OECS countries are limited to  the production of beverages and detergents, and 
some other lights industries; the exception is St. Kitts and Nevis, where there is a growing 
electronic components industry. 
30. Services, in particular tourism and related activities are, by large, the main contributors of 
GDP. The services subsectors of the OECS WTO Members are generally open to trade and foreign investment. All OECS WTO Members have both domestic and off-shore financial service activities. 
During the period under review, the financial sector of OECS WTO Members has been affected by 
the global financial crisis. The effect was the greatest in Antigua and Barbuda, where the demise of WT/TPR/S/299 • OECS-WTO Members 
 
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  Stanford International Bank is estimated to ha ve cost the economy an estimated 20% of GDP. 
During the period under review and under the effe ct of the global crisis, OECS WTO Members have 
consolidated regulations of their onshore and offshore sectors under a single unit (excluding domestic banks, which are regulated by th e Eastern Caribbean Central Bank (ECCB)). 
31. Five of the six OECS countries (the exception is Antigua and Barbuda) have a common 
telecommunications policy. The Eastern Caribbean Telecommunications Authority (ECTEL) is their regulatory body; it coordinates with five National Telecommunications Regulatory Commissions 
(NTRCs). Despite liberalization, the market continues to be dominated by a few players and 
telecommunications charges are still high by international comparison. In Antigua and Barbuda, a state monopoly provides domestic fixed line services, while one private operator provides domestic long distance fixed line services. 
32. In maritime transport, all OECS WTO Members set conditions to foreign ownership of 
domestically flagged vessels. None of the OECS WTO Members applies restrictions on international passenger and cargo maritime transport services. No government or other cargos are reserved for 
domestically flagged vessels or for ships owned or operated by the Government. Commercial ports 
are government-owned and are generally managed by a state-owned port authority in each country. Air transport policy is formulated at the OECS level by the Civil Aviation Regulatory Board. 
All the main airports and seaports in OECS WTO Members are owned by their respective 
governments and managed by government-owned authorities.  
33. In most OECS WTO Members, tourism accounts, directly and indirectly, for a large 
percentage of GDP. There are important spill over effects from tourism on construction, 
distribution services, electricity, agriculture and manufacturing. The main sources of stay-over 
tourists to the OECS remain Caribbean countries, the United States, the United Kingdom, and Canada. Tourism policy is formulated at the co untry level. All OECS WTO Members offer fiscal 
incentives for hotel development, including customs duty and corporate income tax exemptions. 
 WT/TPR/S/299 • OECS-WTO Members 
 
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  1  ECONOMIC ENVIRONMENT 
1.1  Real Economy 1.1.  The WTO Members of the Organization of Eastern Caribbean States (OECS) consist of six 
island states located in the Lesser Antilles
1 All the islands are small vulnerable economies with 
populations ranging from about 50,000 (Saint Kitts  and Nevis) to about 170,000 (Saint Lucia), and 
GDP per capita ranging from about US$6,300 (Saint Vincent and the Grenadines) to over US$13,000 (Antigua and Barbuda). The GDP of the entire OECS is around US$5.7 billion. 
1.2.  The islands all have a similar economic structure. Services and particularly tourism is a major 
contributor to both GDP and employment. To a lesser extent, and varying degrees across the 
islands, the financial sector and government servic es are also significant contributors to GDP and 
employment (Table 1.1). Furthermore in certain islands the role of the construction sector is 
significant. For most of the islands, the share of agriculture and manufacturing in GDP is small and 
declining. The islands are also located in a region prone to natural disasters (mainly hurricanes). 
1.3.  The narrow economic base, susceptibility to na tural disasters, and a high reliance on imports 
makes the OECS particularly vulnerable to exogenous shocks. The global economic crisis affected 
all the islands. Real GDP for the OECS contracted by nearly 10% between 2009 and 2010 before recovering negligibly in 2011. The contraction in GDP was due mainly to a decline in the tourism 
sector as the source markets (North America and Europe) felt the impact of the crisis, and to a 
lesser degree to higher prices of commodities and fuel, which affected output in other sectors. As a result, the number of stay-over visitors to the region, as well as their per capita expenditure, declined between 2007 and 2011. Furthermore, the collapse of CL Financial Group had a contagion 
effect on the region through its subsidiaries CLICO and BAICO (Box 1.1). The collapse of two 
indigenous banks in Antigua and Barbuda hit that country particularly hard, while other OECS countries were not as strongly affected. For example, real GDP contracted by over 20% between 
2009 and 2011 in Antigua and Barbuda, while it grew by a modest 1.4% in Saint Lucia. 
Table 1.1 OECS GDP, 2007-13 
 2007 2008  2009  2010  2011 2012 2013  
GDP in constant 2006 
prices (EC$ million) 13,821.2 14,157.2  13,305.6  12,929.3  12,996.9 12,962.0 13,121.0  
GDP in constant 2006 
prices (US$ million) 5,119.0 5,243.4 4,928.0 4,788.6 4,813.7 4,800.7 4,859.6 
GDP at current prices 
(EC$ million) 14,536.4 15,258.4 14,487.7 14,395.8 14,733.1 15,075.2 15,525.2 
Real GDP growth rate 
(%) 5.47 2.43 -6.01  -2.83  0.52 -0.27 1.23 
 Share of sector in GDP (%) 
Agriculture, livestock 
and forestry 2.95 3.39 3.76 3.60 3.66 3.80 3.83 
Crops 2.34 2.78 3.12 2.95 2.97 3.16 3.18 
Fishing 0.88 0.87 0.85 0.82 0.84 0.87 0.90 
Mining & quarrying 0.77 0.75 0.63 0.53 0.48 0.44 0.46 
Manufacturing 4.28 3.89 4.28 4.50 4.59 4.61 4.58 
Electricity & water 3.46 3.60 3.69 4.03 4.07 3.90 3.89 
Construction 12.89 13.04 11.37 9.49 8.43 8.04 8.45 
Wholesale & retail trade 11.62 12.18 10.81 10.79 10.86 11.00 10.88 
Hotels & restaurants  9.55 8.38 8.01 9.16 9.43 9.47 9.44 
Transport, storage and 
communications 14.73 14.28 14.50 14.36 14.31 14.24 14.20 
Transport and storage 9.24 9.05 9.05 9.35 9.44 9.47 9.47 
Communications 5.48 5.23 5.46 5.01 4.86 4.77 4.73 
Financial intermediation 8.98 8.76 8.69 7.98 7.78 7.69 7.61 
Real estate, renting and 
business activities 13.19 13.16 13.93 14.62 14.98 14.89 14.80 
                                               
1 The six OECS-WTO Members are Antigua and Barbud a, Dominica, Grenada, Saint Kitts and Nevis, 
Saint Lucia, and Saint Vincent and the Grenadines.  WT/TPR/S/299 • OECS-WTO Members 
 
- 11 - 
 
   2007 2008  2009  2010  2011 2012 2013  
Public administration, 
defence & compulsory 
Social security 7.54 7.91 8.61 8.96 9.16 9.21 9.12 
Education 6.52 6.92 7.62 7.83 7.90 8.18 8.25 
Health and social work 2.37 2.48 2.63 2.72 2.75 2.77 2.74 
Other community, social 
& personal services 2.25 2.36 2.65 2.70 2.79 2.79 2.78 
Activities of private 
households as employers 0.39 0.39 0.44 0.45 0.45 0.44 0.43 
Less: FISIM 2.37 2.36 2.46 2.55 2.49 2.33 2.38 
Total 100.00 100.00  100.00  100.00  100.00 100.00 100.00  
 
Source: CSO, ECCU, and ECCB. 
1.4.  As the impact of the global economic crisis subsides in the tourism source markets, the 
tourism sector is expected to pick up, which would drive growth in the future. The islands are also seeking to diversify their economies. For example the education services sector is responsible for 
over 16% of GDP in Grenada, while agriculture and niche medical tourism services are focus 
sectors for other islands. It would also appear that the financial sector issues are also being resolved, albeit slower than expected, and their resolution should provide an impetus to growth in the region. 
Box 1.1 The collapse of CL Financial Group, CLICO and BAICO
 
In addition to traditional insurance and pension products, CLICO took in funds through a product 
called the Executive Flexible Premium Annuity, a deferred annuity that could be sold by life 
insurance companies so long as it contained a mortality clause, implying a guaranteed rate of 
return at the forecast retirement age of the cont ract holder. However, the product functioned as a 
term deposit. It was sold for a fixed term of 3- 5 years with guaranteed returns in excess of 8% 
per annum, well above the ordinary savings deposit rate in the region of approximately 2% at the 
time.  
 
Despite functioning as deposits, the funds solicited from this product were not subject to the 
stricter banking regulation and supervision appl ied to ordinary deposits. As a result, the CL 
Financial Group was able to channel the deposits to fund illiquid assets such as real estate in 
Florida and plant and equipment for petrochemical production. Consequently, between 2005-07 CL 
Financial's assets grew by 32%. The global econom ic crisis of 2008 triggered the collapse as many 
of CL Financial's subsidiaries faced liquidity and solvency pressures. This included BAICO, which 
was a fully owned subsidiary of CL Financial and faced significant liquidity shortages. 
 
According to the authorities, the key factors in the collapse were: 
 
 Excessive related-party transactions, which carried high contagion risks; 
 An aggressive high interest rate resource mobilization strategy to finance high risk and 
illiquid investments; and 
 Very high leveraging of  CL Financial's assets. 
Despite being aware of these issues, the regu lator (Central Bank) was unable to implement 
corrective measures due to the inadequacies of the legislative framework. At the time of the 
collapse, CL Financial's total assets were equivalent to 30% of the Caribbean region's GDP. The 
ECCU member countries monitored developments within BAICO for several months and, in 
August 2009, regulators from the ECCB intervened in BAICO's operations. Governments of the 
ECCU applied to the courts in all of the jurisd ictions requesting the appointment of a judicial 
manager to facilitate financial recovery of the ailing entities. A judicial manager was appointed in 
every ECCU country except Dominica, where the legislation does not allow for such an 
appointment. 
 
In resolving the operations of BAICO, the judici al managers sought to compartmentalize various 
aspects of the business and implement measures to improve operations in each of the major WT/TPR/S/299 • OECS-WTO Members 
 
- 12 - 
 
  business lines; property insurance; medical/health insurance, the traditional life insurance 
business; and short-term investment business. The member governments of ECCU also 
established a Medical Insurance Support Fund for BAICO policyholders. Resolution of the 
traditional life business was more complex than the property and health portfolios. In 
October 2011, the ECCU governments along with the judicial managers announced that they had 
reached an agreement to sell the BAICO traditiona l life portfolio and group pensions to Sagicor 
Life, Inc. As a condition to the sale, the governme nts of the ECCU agreed to provide funding to a 
maximum of US$38 million to facilitate restoration of value to the life portfolio, which would be 
transferred.  
The Resolution of the non-traditional or short-te rm deposit portfolio for BAICO within the ECCU 
has been even more challenging. In this respect, the judicial managers have yet to make any 
announcements regarding the resolution of the short-term deposit portfolio for BAICO within the 
ECCU.  
 
The judicial managers filed a restructuring plan for CIL in September 2011. After consultations 
with stakeholders, the judicial managers recommended to the court that action commence to find 
a suitable investor in order to establish a new company, which will gain the credibility and trust of 
regulators and policyholders. As per newspaper re ports, the judicial manager for CIL Barbados 
proposed the formation of a special purpose entity to hold the assets of CIL and CLICO holdings 
Barbados, as well as the assets (real estate, land, etc.) of CIL in the ECCU member countries. The 
judicial managers propose that this special purpose entity will issue a bond to facilitate the 
acquisition of assets to support the transfer of the traditional life insurance liabilities to potential 
buyers. However, it is not clear whether Cari bbean governments, and more specifically the 
Government of Trinidad and Tobago, have reached any agreement regarding financial 
commitments to resolve the operations of CLICO Barbados and the ECCU.  
 
Exposures to CLICO and BAICO combined are si gnificant in nominal terms, ranging from 
US$187 million in Antigua and Barbuda to US$68 million  in St. Lucia. In terms of percentage of 
GDP, country exposures of 25% (St. Vincen t and the Grenadines); 24.4% (Grenada); 19.9% 
(Dominica); 16.3% (Antigua and Barbuda); 17.1% (St.  Kitts and Nevis); and 7.2% (St. Lucia) will, 
in part, determine the relative obligations associated with any resolution option. 
 
Source: IMF (various documents) and DaCosta, Michael, Kari Grenade, and Tracy Polius (2012), The 
Caribbean: Rethinking Policy Frameworks in the wake of the Recent Financial Failures . 
1.2  Monetary and exchange policy 
1.5.  All OECS-WTO Members are members of the Eastern Caribbean Currency Union (ECCU). The 
Eastern Caribbean Central Bank (ECCB), based in St. Kitts, is the monetary authority for the 
ECCU. The ECCB is responsible for OECS monetary, credit, and exchange rate policies. The ECCB's 
Monetary Council, comprising Ministers of Finance from each of the OECS countries, is the main decision-making body. The ECCB Agreement Act stat es that monetary stability, money and capital 
market development, and real sector development are objectives to be attained, in that order of 
preference. The Act stipulates that foreign exchange must cover at least 60% of monetary liabilities, however, the ECCB uses an operatio n benchmark of 80% and has been keeping cover 
well in excess of the stipulated ratio. Over th e past 6-7 years the backing ratio has averaged 
approximately 95% and the stock of foreign reserves has provided six-month coverage for imports. 
1.6.  Monetary stability has been pursued throug h a fixed exchange rate regime, which pegs the 
E C  d o l l a r  t o  t h e  U . S .  d o l l a r  a t  a  r a t e  o f  E C $ 2 . 7 0  p e r  U S $ 1 .  M o v e m e n t s  i n  t h e  E C  d o l l a r  r e a l  effective exchange rate are related largely to chan ges in the value of the U.S. dollar vis-à-vis other 
major currencies. During the period under review , the REER has been depreciating, however, in 
2008, it appreciated rapidly as there was a flight to quality, i.e. people started buying the 
U.S. Dollar. Since 2008/09, the REER has resumed the secular downward trend established pre-crisis. 
1.7.  The money supply is virtually endogenous due to the existence of a quasi-currency board. 
Limits are imposed on credits to member governments: at any given time, the ECCB's holding of treasury bills of a particular country shall not exceed 10% of the estimated recurrent revenue of 
that government as determined by the ECCB for the current year. Holdings of other government 
securities maturing in no more than 15 years from the date of acquisition shall not exceed 15% of WT/TPR/S/299 • OECS-WTO Members 
 
- 13 - 
 
  the currency in circulation and other demand liabilities. The ECCB also extends temporary 
advances to a member government, which, in any financial year cannot exceed 5% of that 
government's average annual current revenue in th e preceding three years, and holdings of bonds 
issued by development finance corporations may not exceed 2.5% of the average annual 
government current revenue over the preceding thr ee years. The ECCB operates a regional market 
for government securities of the ECCU member states. These limits were not breached as the ECCB is very strict with maintaining these rules so  as to safeguard the fixed exchange rate regime. 
1.8.  Inflation as measured by the consumer pr ice index was slightly more than 3% in 2007 and 
nearly 6.5% in 2008. However, the global financial crisis resulted in subdued demand in the OECS, causing inflation to fall below 1% in 2009. It picked up in 2010 and 2011, before falling again in 2012. Inflation has been fuelled by higher food prices since 2010. However prices declined in 2013 
due mainly to a fall in clothing and footwear and fuel and light prices.  
1.2.1  Fiscal policy 1.9.  Fiscal policy is conducted independently by each OECS country, under the responsibilities of 
their respective Ministries of Finance. However, under the Revised Treaty of Basseterre 
Establishing the OECS Economic Union, member states agreed to the progressive harmonization of their fiscal policies. Given that monetary policy is under the purview of the ECCB, fiscal policy is 
the only macroeconomic policy instrument available to the national authorities to influence output 
and employment. 
1.10.  During the period under review, the OECS economies displayed a varied fiscal performance. 
As mentioned, the global financial crisis affected all the OECS countries, but the impact varied 
across the countries; the fiscal position was no different. All the islands registered a deficit in 
2009, ranging from 1% of GDP (St Kitts and Nevis) to 11% of GDP (Antigua and Barbuda). The worsening fiscal situation was due mainly to a fall in revenue and continued high levels of 
expenditure, notwithstanding the adjustments made since the crisis through the implementation of 
a number of home-grown programmes. These ad justment initiatives were undertaken in 
accordance with the ECCU Eight Point Stabilisation and Growth Programme, which was approved 
by the Monetary Council as the region's strategic response to the challenges posed by the crisis 
and to address other long-term structural issues. 
1.11.  In response to the deteriorating fiscal situation, the OECS countries initiated a programme 
of fiscal reform and consolidation. Reform measures included replacing consumption tax by VAT 
(St Kitts and Nevis, St Lucia, and Dominica), rati onalizing fuel prices (St Lucia, and Antigua and 
Barbuda), reform and increased coverage of excise taxes (St Kitts and Nevis, Antigua and Barbuda, Dominica, and St Vincent and the Grenadines). In addition, the islands have pursued a 
debt restructuring strategy involving inter alia : debt relief through write-offs, lengthening of 
maturity, debt swaps, and lower interest rates. Debt restructuring should also ease the fiscal 
burden by reducing interest and amortization payments. 
1.12.  It would appear that these measures were successful to a certain degree. The overall fiscal 
deficits of the OECS countries improved from a deficit of US$245 million in 2009 (4.6% of GDP) to US$135 million in 2012 (2.4% of GDP) (Table 1.2). 
Table 1.2 Central government  fiscal accounts, 2007-12 
(US$ million) 
 2007  2008  2009  2010 2011 2012  
Current revenue 1,246  1,332  1,226  1,248 1,317 1,323  
   Tax revenue 1,125  1,192  1,101  1,088 1,136 1,138  
      Taxes on income and profitsa 237  276 275 248 249 248  
      Taxes on property 24 23 23 23 22 25 
      Taxes on domestic goods and 
 services 361 409 362 400 466 490  
      Taxes on international trade 
 and transactions 503 484 442 418 400 375 
        of which: Import duties 172  177 149 155 157 155  
   Non-tax revenue 122 141 125 160 180 185 WT/TPR/S/299 • OECS-WTO Members 
 
- 14 - 
 
   2007  2008  2009  2010 2011 2012  
Current expenditure 1,107  1,249  1,283  1,260 1,321 1,337  
   Personal emoluments 490 538 554 560 573 586 
   Goods and services 257  300 283 262 277 264  
   Interest payments 154 157 158 157 161 181 
   Transfers and subsidies 206  255 288 281 310 306  
Current account balance 140 83 -57 -12 -4 -15 
Capital revenue 17  37 8 10 9 9  
Grants 89 127 134 129 128 136 
Capital expenditure and net lending 397  399 330 259 307 265  
   of which: Capital expenditure 392 394 328 258 297 265 
Primary balance before grants -86  -123  -220  -105 -141 -90  
Primary balance after grants 3 4 -87 24 -12 47 
Overall balance before grants -240  -280  -379  -262 -302 -271  
Overall balance after grants -151  -153  -245  -133 -173 -135  
Financing 151  153 245 133 173 135  
   Domestic 98 116 142 -91 79 61 
   External 14  20 65 212 101 54  
   Arrearsb 38 18 38 -431 -7 -18 
   Other Financing  ..  .. .. 443 .. 37  
 
.. Not available.  a Taxes on income and profits are not collected in Anguilla. b Includes Antigua and Barbuda, and Dominica. 
 Source: WTO Secretariat, based on data provid ed by the governments of the ECCU and ECCB. 
1.2.2  Balance of payments 
1.13.  The OECS members all post current account deficits. This is due to the nature of their 
economies, which are highly dependent on merchandise imports, while goods exports are relatively low. In contrast, the islands post a services account surplus, fuelled by tourism-related 
receipts. However, the services and income account surpluses only partially offset the deficit 
accrued on the merchandise trade account. 
1.14.  During the period under review, the current account deficit declined from a high of 
US$1.73 billion in 2008 (nearly 30% of GDP) to US $1 billion in 2013 (approximately 17% of GDP) 
(Table 1.3). 
Table 1.3 Balance of payments, 2007-13 
(US$ million) 
 2007  2008  2009  2010  2011 2012 2013  
Current account -1,556  -1,739  -1,098  -1,074  -990 -952 -999  
   Goods and services -1,465  -1,637  -1,037  -1,074  -1,020 -939 -1,007  
      Goods -2,104 -2,280 -1,701 -1,761 -1,797 -1,739 -1,804 
         Merchandise -2,174 -2,345 -1,746 -1,801 -1,861 -1,801 -1,868 
            Exports 282 381 376 413 360 380 380 
            Imports -2,456 -2,725 -2,122 -2,214 -2,221 -2,181 -2,249 
         Repair on goods 0 0 0 0 0 0 0 
         Goods procured in ports by 
 carriers 70 64 45 40 64 62 64 
      Services 640 643 663 687 778 800 797 
         Transportation -237 -241 -140 -161 -170 -167 -174 
         Travel 1,029 991 895 927 993 1,002 1,018 
         Insurance services -80 -92 -79 -70 -65 -63 -70 
         Other business  services -59 -8 -12 -23 -18 -27 -32 
         Government Services -14 -8 0 14 37 55 55 
   Income -234  -264  -230  -163  -148 -171 -145  WT/TPR/S/299 • OECS-WTO Members 
 
- 15 - 
 
   2007  2008  2009  2010  2011 2012 2013  
      Compensation of employees 14 16 19 19 17 17 17 
      Investment income -249 -279 -249 -182 -165 -188 -162 
         Direct investment -187 -191 -185 -137 -105 -119 -120 
         Portfolio investment 3 -9 2 0 5 -8 10 
         Other investment -64 -79 -66 -45 -66 -61 -53 
   Current transfers 144  163 169 163 178 158 154  
      General government 47 59 65 60 72 55 52 
      Other sectors 96 104 104 104 106 103 102 
Capital and financial account 1,593  1,636  1,297  1,269  1,076 1,005 1,083  
   Capital account 229  231 223 299 253 342 304  
      Capital transfers 229 231 223 299 253 342 304 
   Financial account 1,363  1,405  1,074  970 823 663 779 
      Direct investment 1,187 960 659 531 440 514 568 
      Portfolio investment -27 10 -18 2 32 52 26 
      Other investment 203 435 433 437 351 97 185 
Net errors and omissions 9 83 -42 -75 -28 55 -2 
Overall balance 46  -20 157 120 59 108 82  
Financing -46 20 -157  -120  -59 -108 -82 
   Change in SDR holding   -98 10 14 -6  
   Change in government foreign 
assets 10 -1 1 -3 1 16  
   Change in ECCU's net foreign assets -56 20 -59 -128 -75 -119 -82 
 
Source: WTO Secretariat, based on data prov ided by the Eastern Caribbean Central Bank. 
1.15.  The improvement in the current account was due in part to a decline in imports, which was 
brought about by a dampening of demand due to  the post-2008 recession. On the other hand, 
travel receipts picked up post-2009 as the tourism sector recovered. 
1.16.  In the past, the current account deficit was financed to a large extent by foreign direct 
investment inflows. However, in the aftermath of the crisis, FDI inflows declined considerably. 
Nevertheless, capital transfers rose during the review period. The overall balance of payments for 
the OECS countries improved from US$46 million in 2007 to US$82 million in 2013.  
1.3  Trade flows 1.17.  The OECS countries have similar trade patterns. Exports comprise mainly food and live 
animals, machinery and transport equipment, and mineral fuels (Chart 1.1 and Table A1.1). Due 
to the economic structure of the OECS members, most goods need to be imported, and this is 
reflected in the OECS import mix. Mineral fuels, food and live animals, and machinery and 
transport equipment are the main import categories. WT/TPR/S/299 • OECS-WTO Members 
 
- 16 - 
 
  Chart 1.1 OECS-WTO Members' merchandise trade by SITC section, 2007 and 2012 
2007 2012
(a)    Exports and re-exports
Total: US$419 million
(b)    Im ports 
Total: US$2,503 million Total: US$2,299 millionTotal: US$373 millionBeverages, 
tobacco
5.4%Misc. manufactured 
articles
3.3%
Machinery & 
transport equip.
21.8%Food & live 
animals
18.6%
Food & live 
animals
14.8%Food & live 
animals
18.0%
Manufctured 
goods
5.4%Other
0.4%Other
0.8%
Other
2.8%Other
3.9%Beverages, 
tobacco
11.3%
Crude materials
3.8%
Manufactured 
goods
9.7%Machinery & 
transport equip.
23.2%Misc.manuf. 
articles
11.9%
Beverages, 
tobacco
3.7%Beverages, 
tobacco
3.2%Food & live 
animals
20.6%
Mineral fuels
22.2%
Mineral fuels
22.8%
Chemicals
6.4%Chemicals
7.0%Manufactured 
goods
15.5%Manufactured 
goods
13.4%Machinery 
& transport 
equip.
23.6%Machinery & 
transport equip.
17.3%Misc.manufactured 
articles
11.5%Misc.manufactured 
articles
11.3%Crude 
materials
1.3%
Mineral fuels
38.5%Mineral fuels
12.7%
Chemicals
8.0%Chemicals
5.9%
 
 
Source: Eastern Caribbean Central Bank. 
1.18.  The main export destinations of OECS countries are the United States and CARICOM 
countries, which are responsible for over 70% of exports from all OECS countries except Antigua 
and Barbuda (Chart 1.2), whose main export destination is the EU27.  WT/TPR/S/299 • OECS-WTO Members 
 
- 17 - 
 
  Chart 1.2 Total exports of OECS-WTO Member s by selected partners, latest available 
year 
0102030405060708090100
Antigua Dominica Grenada St Kitts St Lucia St Vincent
(2012) (2012) (2008) (2011) (2008) (2012)USA CARICOM EU (27) Asia OtherPer cent
 
 
Source: WTO calculations, based on UNSD Comtrade database. 
1.19.  The United States and the CARICOM countries together supply over 60% of each OECS 
members imports (Chart 1.3). 
Chart 1.3 Total imports of OECS-WTO Member s by selected partners, latest available 
year 
0102030405060708090100
Antigua Dominica Grenada St Kitts St Lucia St Vincent
(2012) (2012) (2009) (2011) (2008) (2012)USA CARICOM EU (27) Asia OtherPer cent
 
 
Source: WTO calculations, based on UNSD Comtrade database. WT/TPR/S/299 • OECS-WTO Members 
 
- 18 - 
 
  2  TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 
2.1  General Constitutional and Legal Framework 2.1.  The six OECS-WTO Members (the OECS Members) have similar, but not identical, 
constitutional and legal systems. They all are parliamentary democracies in the "Westminster 
style" and have similar legislative and judicial a rrangements (Chapter 2 of the national reports). 
With the exception of Dominica, they all have the same Head of State (the Queen of England). The 
six countries are members of the Commonwealth of Nations, and have constitutions that grant 
essentially identical powers to their largely ceremonial Head of State. There are some differences, 
however, in their parliamentary systems: while Antigua and Barbuda, Grenada, and St. Lucia, 
have bi-cameral legislatures, Dominica, St. Kitts and Nevis, and St. Vincent and the Grenadines have unicameral legislatures. 
2.2.  The similarities of the OECS Members' lega l systems facilitate the use of model legislation. 
The use of model laws in the past has helped to  increase transparency and comparability across 
countries. This has been especially the case in certain services areas, such as telecommunications, 
where national laws follow the Eastern Caribbe an Telecommunications Authority (ECTEL) model, 
and banking, where uniform banking acts devised by the Eastern Caribbean Central Bank (ECCB) have been implemented. However, domestic laws must still be drafted and adopted by national 
legislatures, even when based on a common model la w. This will change with the implementation 
of the OECS Economic Union, where legal draf ting and implementation competences on five 
specific areas have been devolved to the OECS and are exercisable through the Authority and the Council of Ministers (see below). 
2.2  Development and Administration of Trade Policy 
2.3.  The core administration of OECS Members' trade policy is on three main levels: national, 
sub-regional (OECS), and regional (CARICOM). Th e Revised Treaty of Basseterre provides for the 
establishment of institutional arrangements at the member states level to pursue common trade 
policies. 
2.4.  During the period under review, the OE CS Members increased the thrust of regional 
integration by establishing the OECS Economic Union, which was put in place in January 2011. 
Liberalization processes at the sub-regional and re gional levels are considered the pillars of the 
OECS Members' trade policy and are expected to fa cilitate their participation in the multilateral 
trading system by eliminating barriers to trade and pooling resources.  
2.5.  In their participation in the multilateral trading system, the OECS-WTO Members have 
repeatedly stated their position with respect to the flexibilities needed in the WTO to take account of their development needs as "small vulnerab le economies". They have also advocated for 
reinforcement of the support mechanisms, including technical cooperation, to help them fulfil their 
WTO commitments and to support them in the institutional, legal, and economic adjustment required as a result of trade liberalization. This position was reinforced after the signature of the 
CARIFORUM-EU Economic Partnership Agreement (EPA) with the European Union in 2008, where 
the OECS Members entered into a reciprocal free-trade agreement for the first time, moving away from the system of unilateral preferences that ex isted before, but also guaranteeing more stable 
preferential market access for their products. The EPA offers flexibility to the OECS Members (see 
below), but also requires a substantial effort to fulfil commitments in a number of areas. This will 
require modifying laws and institutions, and will help the OECS WTO-Members fill the pending WTO-implementation gaps, as the EPA follows the WTO agreements in several areas, and is WTO 
plus in others. 
2.6.  The OECS Members' international trade commitments now move around four concentric 
circles. Tariff-free treatment among OECS partners remains at the core, reinforced now by the 
need to achieve further integration by consolidating the Common Market, with the establishment 
of a Regime for the Free Circulation of Goods. The next circle is represented by CARICOM and the CARICOM Single Market and Economy (CSME), wher e trade with its members is duty-free, with 
some exceptions, and trade with third countries is subject to the use of the CARICOM Common WT/TPR/S/299 • OECS-WTO Members 
 
- 19 - 
 
  Market and Common External Tariff.1 The third circle is now represented by the CARIFORUM-EU 
Economic Partnership (EPA), where the OECS Members are committed to a scheduled, gradual reduction of tariffs on a substantial portion of their trade with the EU. The fourth and outer ring (the MFN ring) comprises multilateral commitments including tariff bindings and other obligations 
covered by the WTO Agreements. 
2.3  Trade Agreements and Arrang ements International Relations 
2.3.1  WTO 
2.7.  OECS Members applied GATT de facto before independence, as part of the metropolitan 
territory of the United Kingdom. After independence, each OECS Member became a GATT contracting party under Article XXVI:5(c) with their rights and obligations under GATT retroactive to the date of independence. 
2.8.  With respect to WTO accession, Antigua and Barbuda, Dominica, St. Lucia, and St. Vincent 
and the Grenadines are original members of th e WTO. Grenada and St. Kitts and Nevis became 
WTO Members in 1996. They all apply at least MFN treatment to all their trading partners. 
2.9.  During the period under review, the OECS Members continued their efforts to amend 
legislation to allow them to fully implement the WTO Agreements. For instance, Grenada implemented new legislation on patents, copyri ght, and trade marks; Dominica enacted new 
legislation on trade marks and layouts of industri al designs, while its 1999 Patents Act entered into 
force in 2008; and Antigua and Ba rbuda, Grenada, and St. Lucia re pealed their Fiscal Incentives 
Act, which granted subsidies contingent upon export ation. However, there is still work to be done 
in the area of implementation. Table 2.1 summari zes areas by country where legislation needs to 
be drafted or enacted to implement the provisions  of WTO Agreements. It also shows areas where 
laws have been passed but have not entered into e ffect, due to lack of enacting legislation or of 
regulations to implement them. Th e authorities indicated that this situation is due to resource 
constraints. 
Table 2.1 Main areas where legal or regulatory amendments are needed to comply with 
WTO provisions
 
Agreement Antigua & 
Barbuda Dominica Grenada St. Kitts 
and Nevis St. Lucia St. Vincent 
& the 
Grenadines 
Customs 
Valuation None None Non-
application of 
CVA None None None 
Anti-dumping No 
enacting 
legislation  No enacting 
legislation  No enacting 
legislation  No enacting 
legislation  No enacting 
legislation  No enacting 
legislationa 
SCM No 
legislation  No 
legislation  No 
legislation  No 
legislation  No 
legislation  No 
legislationa 
SCM Article 
27 None Need to 
reform 
legislation None Need to 
reform 
legislation None Need to 
reform 
legislation 
GATT 1994, 
Article XI, Agreement on 
Agriculture None None None QRs allowed 
(not used in 
practice) QRs allowed QRs allowed 
                                               
1 The preferential trade agreements signed by CARI COM with third trading partners, mostly in Latin 
America, exclude the OECS Members, as CARICOM Less-Developed members, from tariff preference 
obligations. WT/TPR/S/299 • OECS-WTO Members 
 
- 20 - 
 
  Agreement Antigua & 
Barbuda Dominica Grenada St. Kitts 
and Nevis St. Lucia St. Vincent 
& the 
Grenadines 
GATT 1994, 
Article II 
Schedule of 
Tariff 
concessions None 
 
Not listed Ad-valorem  
Customs 
Service 
Charge 
Not listed Ad-valorem  
Customs 
Service 
Charge 
Not listed Ad-valorem  
Customs 
Service 
Charge 
Bound at 
higher level Ad-valorem  
Customs 
Service 
Charge 
Not listed Ad-valorem  
Customs 
Service 
Charge 
Not listed 
 
a Legislation in draft stage.  Source: WTO Secretariat. 
2.10.  Compliance with notification obligations remains an issue for OECS Members. Most OECS 
Members have made efforts to improve their notification records. Differences in levels of 
implementation and notifications may be attributable to differences between the countries' 
technical or human resources (Table 2.2). There is a general lack of notifications on agriculture and SPS; only St. Vincent and the Grenadines has notified its agriculture export subsidies (none) 
and domestic support programmes. No SPS measures were notified by the OECS WTO Members 
during the period under review. 
Table 2.2 Notifications to the WT O, January 2007 to February 2014
 
Agreement Antigua & 
Barbuda Dominica Grenada St. Kitts 
and Nevis St. Lucia St. Vincent 
& the 
Grenadines 
Agreement on Agriculture  
Articles 10 
and 18.2 None None None None None Yes 
Article 18.2 None None None None None Yes 
Para. (ii), 
p. 24 of 
G/AG/2) None None None None None None 
Agreement on Implementation of Article VI  of the GATT 1994 (Anti-dumping Agreement) 
Article 16.4 Yes Yes Yes Yes None None 
Article 16.5 None None None Yes None None 
Article 18.5 Yes None None None None None 
Agreement on Implementation of Article VII of the GATT 1994 (Agreement on Customs 
Valuation)  
Annex III 
para. 1  None None Nonea None None None 
Article 22.2  None None None None None None 
Agreement on Import Licensing Procedures  
Articles 1.4  None No No None Yes None 
Article 5 None None None None Yes None 
Article 7.3  None Yes Yes None Yes None 
Article 8.2 None None  None Yes None 
Agreement on Safeguards  
Article 12.6 None None None None None None 
Agreement on Subsidies and Countervailing Measures  
Article 25.1 
GATT 1994  Yes Yes Yes None Yes None 
Article 18.5  None None Yes None None None 
Article 25.11 None None None None None None 
Article 25.12 None None None None None None 
Article 32.6 None None Yes None None None 
Article 27.4 Yes Ye s Yes Yes Yes Yes 
State Trading Enterprises 
Article 17.4  None None Yes None None None 
Agreement on Technical Barriers to Trade  
Article 2.9  None None None None None None 
Article 10.6  None Yes Yes None Yes None 
Agreement on the Application of Sanitary and Phytosanitary Measures  
 Yes None None None None Yes 
Agreement on Trade-Related Aspects of Intellectual Property Rights  
Article 3.1  None None None None None None WT/TPR/S/299 • OECS-WTO Members 
 
- 21 - 
 
  Agreement Antigua & 
Barbuda Dominica Grenada St. Kitts 
and Nevis St. Lucia St. Vincent 
& the 
Grenadines 
Article 63.2 None None None None Noneb Yes 
Agreement on Trade-Related Investment Measures  
Article 5.1 None None None None None None 
General Agreement on Trade in Services  
GATS 
Article III:4,  None None None None None None 
GATS 
Article V:7 
(a) Yes Yes Yes None Yes Yes 
 
Note: Yes = At least one notification has been made; None = No notification has been made. 
 a Legislation in force has not been amended to comp ly with the requirements of the respective WTO 
Agreement 
b Legislation in force has not been amended to comp ly with the requirements of the TRIPS Agreement 
with respect to patents. 
 Source: WTO Secretariat.  
2.11.  The OECS-WTO Members have entered limited commitments in their GATS Schedules. 
Antigua and Barbuda, Dominica, and Grenada pa rticipated and presented offers in the WTO 
extended negotiations on telecommunications, and have ratified the Fourth Protocol. None of the 
OECS Members participated in the extended negotiations on financial services.  
2.12.  Antigua and Barbuda is the only OECS-WTO Member that has been a complainant in a case 
before the WTO Dispute Settlement Body (DSB). The case concerned various U.S. measures that 
affected the cross-border supply of gambling and be tting services (Chapter 2, national report of 
Antigua and Barbuda). However, all of the other OECS Members have been third parties to disputes: St. Kitts and Nevis participated as a third party in the EC - Export Subsidies on Sugar
2 
case; the other countries were all third parties in European Communities – Regime for the 
Importation, Sale and Distribution of Bananas.3 
2.13.  The OECS Members belong to the following negotiating groups: ACP, G-90, Small, 
vulnerable economies (SVEs) — NAMA, G-33, "W52" sponsors, and SVEs—rules (Dominica, 
St. Lucia and St. Vincent and the Grenadines). As members of the SVEs group, the OECS countries have pushed for flexibilities in the DDA and the recognition of principles of non-reciprocity in 
NAMA. They have also highlighted the need for the negotiations to take account of the 
consequences of preference erosion for the region.  
2.3.2  Foreign investment regime 2.14.  The OECS Members' foreign investment re gime was not changed during the review period, 
although the general investment regime was modified in Antigua and Barbuda, Grenada, and 
St. Lucia, which was repealed their Fiscal Incentives Act, ahead of the WTO-agreed deadline. These laws have been replaced by broader incentives legislation that does not provide explicit 
export subsidies and does not impose local-co ntent requirements. In the other three OECS 
countries, the process is ongoing, and in some cases negotiations are being carried out with the remaining beneficiaries of the Act (e.g., Dominica). 
2.15.  With the main exception of the requirements for obtaining alien landholding licences, foreign 
investment receives national treatment in all OECS Members. The rationale for the land licensing restriction is related to limitations in land availability for commercial purposes, as well as to the need to rationalize land use and enable nationals to afford property while avoiding speculation by 
foreigners. Licences are subject to satisfactory applications to the national Cabinet of Ministers and 
payment of the required fees. However, licences are not required for investment in sectors considered of priority for the country, or where th e purchase does not exceed a certain threshold. 
                                               
2 WTO documents WT/DS265/28, WT/DS266/28, WT/DS283/9, 28 April 2005. 
3 WTO online information. Viewed at: 
http://www.wto.org/English/tratop_e/dispu_e/cases_e/ds27_e.htm. WT/TPR/S/299 • OECS-WTO Members 
 
- 22 - 
 
  2.3.3  Regional agreements 
2.3.3.1  OECS 2.3.3.1.1  Overview 2.16.  The Treaty of Basseterre created the Organisation of Eastern Caribbean States with the goal 
of promoting cooperation and economic integration in the Eastern Caribbean. The OECS came into 
being in 1981, with Antigua and Barbuda, Dominica, Grenada, Montserrat, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines as  members, and Anguilla and the British Virgin 
Islands are associate members. As at the beginning of 2014, discussions were been held with 
respect to Martinique’s accession as an Associate Member.
4 
2.17.  The OECS reinforced its move towards integration through the signature of the Revised 
Treaty of Basseterre Establishing the OECS Econ omic Union in June 2010. The Revised Treaty of 
Basseterre seeks to foster integration between member states by establishing new institutional 
arrangements. This integration is expressly geared  to complement efforts already taking place at 
the CARICOM level. In a selected number of areas,  legislative decision-making powers have been 
vested in the OECS, exercisable through the Authority and the Council of Ministers (see below).  
2.18.   The OECS Secretariat, based in St. Lucia,  provides support and coordination services to 
help member states identify scope for joint action and further integration. The Secretariat also 
conducts research, and executes specific projects. Through the Office of the Director General, it 
oversees the operations of the OECS Technical Mission in Geneva, which was set up in 2005 and acts as the OECS-WTO Members' representative to the WTO. 
2.19.  As pointed out in the previous Review, tr ade policy implementation within and among OECS 
Members is still subject to severe human resource limitations. This is partly reflected in the lack of 
WTO notifications in certain areas. In general, the limitation of human resources contributes to the slow implementation of WTO commitments among OECS Members, and constitutes a challenge for 
the implementation of commitments under the EPA. 
2.3.3.1.2  OECS Economic Union 2.20.  A major milestone in the process of further integration among OECS states is the signature 
of the OECS Economic Union. The Revised Trea ty of Basseterre (RTB) Establishing the OECS 
Economic Union was signed on 18 June 2010 in St. Lucia, during the 51
st Meeting of the Authority 
of Heads of Government of OECS Members States . The RTB establishes the OECS Economic Union, 
a single financial and economic space within which goods, services, people, and capital move 
freely, monetary and fiscal policies are harmonized, and countries continue to adopt a common 
approach to trade, health, education, and enviro nment, as well as to sectoral development in 
agriculture, tourism and energy. The Revised Treaty of Basseterre has been ratified by all 
OECS-WTO Members; it entered into force on 21 January 2011, when five of six Members States 
completed ratification, and replaces the original OECS Treaty of 1981.5 
2.21.  The Revised Treaty of Basseterre establishe d the Economic Union's organs and institutions. 
The principal organs are: (a) the OECS Authority of Heads of Government of the Member States; 
(b) the Council of Ministers; (c) the OECS Assemb ly; (d) the Economic Affairs Council; and (e) the 
OECS Commission.  
2.22.  The OECS Authority  is the highest policy ‑making organ of the OECS. It has the power to 
make decisions on all matters within its capability and to grant final approval for the conclusion of 
treaties or other international agreements. The ch airmanship of the Authority changes every year, 
                                               
4 OECS online information. Viewed at: http: //www.oecs.org/media-center/press-releases/oecs-
authority/795-communiqué-58th-meeting-of-the-oecs-authority#sthash.9NBXvYvh.dpuf. 
5 The Treaty of Basseterre has been ratified by all OECS Members. The deposit of instruments of 
ratification by Antigua and Barbuda took place on 30 December 2010, St. Vincent and the Grenadines on 
12 January 2011, St. Kitts and Nevis on 20 January 2011, Grenada on 20 January 2011 and Dominica on 
21 January 2011. For further details, see at: http:// www.oecs.org/economic-unio n-press/290-oecs-economic-
union-launch#sthash.26JpA7wM.dpuf. WT/TPR/S/299 • OECS-WTO Members 
 
- 23 - 
 
  rotating alphabetically by country. The OECS Auth ority meets twice yearly, and in Special Session 
as and when required. 
2.23.  The Council of Ministers  comprises appointed Ministers of Government from each member 
state and is responsible to the OECS Authority. The Council meets in various configurations based 
upon the subject matter under consideration. It ta kes action on any matters referred to it by the 
OECS Authority and makes recommendations to it. The Council also has responsibility for considering and reporting on recommendations of the OECS Commission for the drafting of laws, 
including considering and enacting regulations and other implementing instruments to give effect 
to the laws enacted by the OECS Authority. 
2.24.  The OECS Assembly  comprises five members of the Par liament of each independent Member 
State and three members from the legislature of each non-independent member state. Member 
states' representation in the Assembly reflects th e proportionate representation of the Government 
and opposition members of each Parliament/Legis lature, including the Head of Government and 
Leader of the Opposition. The Assembly does not have power to enact legislation, which remains 
the prerogative of the parliaments of the member states or the OECS Authority and the Council of 
Ministers in the case of the organization's legi slation. The Assembly's primary function is to 
support the legislative work of the OECS by repo rting to the OECS Authority and the OECS Council 
of Ministers on legislation developed by the OECS members. However, it is intended to quicken the 
process of enacting legislation. Meetings are held at least twice per year. The inaugural meeting of t h e  O E C S  A s s e m b l y  t o o k  p l a c e  o n  1 0  A u g u s t  2 0 1 2 .  T h e  O E C S  A s s e m b l y  h e l d  i t s  f i r s t  w o r k i n g  session in Antigua and Barbuda (the headquarters of the OECS Assembly) on 26 March 2013. At 
that sitting, the Assembly adopted Rules of Procedure  to govern its proceedings, debated a motion 
on the free movement of persons within the OECS Economic Union, and on amendments to the Civil Aviation Regulations.  
2.25.  The RTB has devised mechanisms to ensure that the OECS can legislate and common 
decisions are binding and automatically enforceable in member states in agreed areas listed in the Revised Treaty. This is done by transferring power from national parliaments to the OECS 
Authority and the Council of Ministers, through the passing, by each OECS member state, of 
common legislation transferring such power. No amendments to the national constitutions are required.
6 There are five main areas agreed for the ex ercise of exclusive power by the Authority: 
common market and customs union; monetary policy; trade policy; maritime jurisdiction and 
maritime boundaries; and civil aviation. The OECS can also legislate on common commercial, 
environmental and immigration policies. 
2.26.  The Economic Affairs Council  is responsible for supervising and keeping under review the 
OECS Economic Union.  
2.27.  The OECS Commission  is the principal organ responsible for the general administration of 
the organization. It has integrated the former OECS Secretariat as the administrative arm of the 
organization. The Secretariat consists of divisions, which continue the implementation and 
oversight of the work of a number of specialized in stitutions, work units, and projects of the OECS. 
As the administrative arm of the OECS, the Commission provides Secretariat services to the OECS organs, including by coordinating meetings and acti ng on decisions, recommendations or directives 
approved at such meetings. The OECS Commission is also responsible for preparing model 
legislation and making recommendations to the OECS Authority and the Council of Ministers regarding acts and regulations. The OECS Commission comprises the Director-General, who is 
responsible for the day-to-day administration of the OECS, and a Commissioner of ambassadorial 
rank, named by each member state, who repres ents the OECS Commission in her/his member 
state. 
2.28.  The OECS Heads of Government declared 1 August 2011 as the commencement date for the 
free movement of people of the OECS region thro ughout the OECS Economic Union. However, as 
at early 2014, OECS Members were at different stages of implementation of the legislative and administrative requirements regarding the free movement of OECS nationals, with three Member 
                                               
6 OECS Secretariat (2008). WT/TPR/S/299 • OECS-WTO Members 
 
- 24 - 
 
  States namely Dominica, Montserrat and St. Kitts and Nevis having completed their legislative and 
administrative work in its entirety.7 
2.3.3.1.3   OECS institutions 2.29.  There are three OECS institutions as per the RTB: the Eastern Caribbean Supreme Court, 
the Eastern Caribbean Central Bank, and the Eastern Caribbean Civil Aviation Authority. 
Discussions are ongoing for the establishment of a fourth OECS institution, the Eastern Caribbean Energy Regulatory Authority. 
2.30.  The Eastern Caribbean Supreme Court  (ECSC), was established in 1967 by the West Indies 
Associated States Supreme Court Order No. 223 of 1967. It is a superior court of record for the OECS Members as well as Anguilla, the British Virgin Islands, and Montserrat. The ECSC is composed of the Chief Justice, three justices of  appeal, 13 high court judges and two masters. 
Judicial appointments are made by  the Judicial and Legal Services Commission, except in the case 
of the Chief Justice, who is appointed by the Queen of England. The Court sits in two divisions: the 
Court of Appeal and the High Court of Justice – Trial Division. The four-member Court of Appeal 
hears appeals from the decisions of the High Court and magistrates' courts in civil and criminal 
matters; the Court is itinerant and sits in each member state to hear appeals. The trial courts sit throughout the year. Criminal assizes convene in each jurisdiction on dates specified by statute. 
Each member territory has its own High Court.
8 The Court has unlimited jurisdiction in the member 
states; national legislation in the OECS countries confers rule-making authority on the Chief Justice in presiding the ECSC in relation to matters within the Court of Appeal and the High Court. 
2.31.  The Eastern Caribbean Civil Aviation Authority (ECCAA) , which became an institution of the 
OECS through the Treaty of Basseterre, regulates civil aviation activities within OECS member 
states. The body was granted more independence and responsibilities in 2002 and it was decided that it should be self-financed. In October 20 03, in St. Georges, Grenada, the OECS Ministers 
responsible for civil aviation signed the Agreement Establishing the ECCAA; this agreement had to 
be given legal effect through an Act of Parliament  in each member state. By October 2004, five 
member states had passed the Eastern Caribbean Civil Aviation Authority Agreement Act.
9  
2.32.  The Eastern Caribbean Central Bank (ECCB) , based in St. Kitts, is the Monetary Authority 
for the OECS-WTO Members and Anguilla and Montse rrat. The ECCB issues the Eastern Caribbean 
dollar, and is charge of maintaining the peg to the U.S. dollar. The ECCB oversees the domestic 
banking system in all OECS states. The Bank is governed by a Monetary Council and a Board of 
Directors and is managed by a Governor. Established in 1983, it replaced the Eastern Caribbean 
Currency Authority.10  
2.33.  The OECS Members have agreed on the need to a harmonized regulatory framework within 
the OECS for the energy sector. To this end, they have agreed to the establishment of the Eastern 
Caribbean Energy Regulatory Authority (ECERA) . The ECERA, when and if established, will provide 
arms-length regulation and oversight of the electricity utilities sector. It is expected that this will 
achieve cost efficiency in electricity supply and lower electricity rates to consumers in the medium 
to long term. In 2011, it was agreed to give the go-ahead for the OECS Secretariat to act as Implementing Agency for the ECERA Project.
11  
2.3.3.2  CARICOM 
2.34.  The six OECS-WTO Members are founding members of the Caribbean Community and 
Common Market, established in 1973 through the Treaty of Chaguaramas. The Treaty was revised 
                                               
7 OECS Online information. Viewed at: http:// www.oecs.org/economic-union-press/761-oecs-region-
achieves-two-years-of-the-free-movement-o f-persons-throughout -the-oecs-economic-
union#sthash.po0z6xU0.dpuf. 
8 OECS online information. Viewed at: http://www.oecs.org/about-the-oecs/institutions/eastern-
caribbean-supreme-court-ec sc#sthash.7G0CHXiS.dpuf . 
9 For more information see: http://www.oecs.org/about-the-oecs/institutions/eastern-caribbean-civil-
aviation-authority-eccaa#sthash.bfjqvjuu.dpuf . 
10 OECS online information. Viewed at: http://www.oecs.org/about-the-oecs/institutions/eastern-
caribbean-central-bank-eccb#sthash.aG4P2bou.dpuf . 
11 OECS online information. Viewed at: http://www.oecs.org/our-
work/projects/ecera#sthash.CDTfiQWb.dpuf . WT/TPR/S/299 • OECS-WTO Members 
 
- 25 - 
 
  in 1989 to allow for the creation of the CARICOM Single Market and Economy (CSME), a single 
economic space with free movement of goods, services, capital, and CARICOM nationals between 
member states; the revision was completed in 2000.12 The OECS-WTO Members enacted domestic 
legislation giving effect to the CSME.13 To facilitate the consolidation of the CSME the original 
Treaty of Chaguaramas was revised, and nine Protocols were established; these form the legal 
basis for the establishment and operation of the CSME and were incorporated into the revised treaty.
14 Protocol II added the free movement of services and capital, as well as selected 
categories of skills and the right of CARICOM nationals to set up business in any CARICOM country 
(the right of establishment).15 
2.35.  A total of 15 countries and territories participate in CARICOM: Antigua and Barbuda; the 
Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Haiti; Jamaica; Montserrat; St. Kitts 
and Nevis; St. Lucia; St. Vincent and the Grenadines; Suriname; Trinidad and Tobago. The 
Bahamas is a full member of the Community but not of the CSME; Turks and Caicos Islands, the British Virgin Islands, and Bermuda are associat e members. The more developed countries (MDCs) 
of the Community are Bahamas, Barbados, Guyana, Jamaica, Suriname and Trinidad and Tobago. 
The OECS member states along with Belize and Haiti make up the less developed countries (LDCs). 
2.36.  Since 1991, CARICOM member states have sought to implement a common external tariff 
(CET), through a phased process. However, as at March 2014 tariff schedules across countries still differed considerably, due partly to the exceptions  allowed and partly to mechanisms permitting 
the non-application of the CET under certain circumstances.  
2.37.  CARICOM's highest decision-making body and final authority is the Conference of Heads of 
Government. At the second decision level, several ministerial councils deal with policy issues in different areas. The Council for Trade and Econom ic Development (COTED), composed of the trade 
and development ministers from all member states  participating in the CSME, is responsible for 
promoting trade and economic development in CARICOM, and is one of CARICOM's most influential institutions. Any change in tariffs by a CARICOM member must first be approved by COTED. The 
Council for Foreign and Community Relations (C OFCOR) is responsible for relations between 
CARICOM, international organizations, and third countries, while the Council for Finance and Planning (COFAP) is responsible for monetary policy coordination. 
2.38.  The Revised Treaty of Chaguaramas contains  safeguard provisions. In the event of serious 
balance of payments and external financial difficulties, it allows for the adoption of restrictions on 
the right to establishment, to provide services an d to move capital, as well as using quantitative 
restrictions on imports. These restrictions must not discriminate among member states, must seek 
to minimize damage to the commercial, economic or  financial interest of any other member state, 
must not exceed those necessary to deal with the circumstances, and must be applied for no 
longer than 18 months.  
                                               
12 With respect to the free movement of goods, the Revised Treaty of Chaguaramas prohibits imposing 
export or import duties to  other CARICOM members, but not "charges commensurate with the cost of services 
rendered". The OECS Members have inte rpreted this as the right to apply Customs Services Charges, which are 
ad valorem, to all imports, including those of CARICOM origin. The revised treaty also prohibits the application of quantitative restrictions on the importation of goods of CARICOM origin, and of export subsidies or subsidies 
contingent upon the use of domestic over imported g oods. However, the OECS members have maintained such 
subsidies under their Fiscal Incentives Acts. Dominica, St. Kitts and Nevis, and St. Lucia still have these Acts in place. 
13 The objectives of the CSME, as set out in the Revised Treaty of Chaguaramas are: to improve the 
standards of living and work; full employment of labo ur and other factors of production; accelerated, 
coordinated and sustained ec onomic development and convergence; expa nsion of trade and economic relations 
with third states; enhanced levels of international competitiveness; organization for increased production and productivity; the achievement of a greater measure of ec onomic leverage and effect iveness of member states 
in dealing with third states, groups of states and entiti es of any description; enhanced coordination of member 
states foreign and economic policies; and enhanced functional cooperation. 
14 The Protocols are: I Restructuring of the Organs an d Institutions of the Community; II Establishment, 
Services and Capital; III Industrial Policy; IV Trad e Policy; V Agricultural Po licy; VI Transport Policy; 
VII Disadvantaged countries, Regions and Sectors; VIII Dispute Settlement; and IX Competition Policy, 
Consumer Protection and Dumping and Subsidies. 
15 In the case of provision of servic es, the revised treaty allows for unrestricted provision of services by 
members within the region by the four modes of trade in services. WT/TPR/S/299 • OECS-WTO Members 
 
- 26 - 
 
  2.39.  Under special provisions, the less developed countries of CARICOM, including all OECS 
members, may invoke Chapter 7 of the Revised Treaty of Chaguaramas, in particular Article 150 (Safeguard Measures). A country classified as less developed may limit imports of goods from other CARICOM members, for up to three years, and may take other COTED-authorized measures. 
Members may not apply safeguard measures agai nst the products of a disadvantaged country 
where the products do not exceed 20% of the market of the importing member. 
2.40.  The Caribbean Court of Justice (CCJ), based in Trinidad and Tobago, started to function as 
the Regional Judicial Court in April 2005. The CCJ was established to ensure a single unified 
interpretation of the Revised Treaty of Chaguaramas; it has both original and appellate jurisdiction and all its decisions are final. The CCJ's original jurisdiction regards the interpretation and application of the Treaty Establishing the Caribbean Community, including the CARICOM Single 
Market and Economy. In its original jurisdiction, the Court has exclusive jurisdiction in contentious 
proceedings on a number of issues
16, and issues advisory opinions on the interpretation or 
application of the Treaty. With respect to the CCJ's original jurisdiction, all Member States are 
obligated by Treaty to recognize and give e ffect to the jurisdiction of the Court.  
2.41.  The CCJ also functions as an appellate ju risdiction, considering and determining appeals in 
both civil and criminal matters from common law courts of member states party its establishment. 
In the exercise of its appellate jurisdiction, the Co urt is a superior Court of record in relation to 
national courts.17 CARICOM states may choose to substitute the jurisdiction of the London based 
Privy Council with that of the CCJ. In the case of the OECS Members, this has not occurred, since it 
would imply a change in their Constitutions. 
2.42.  An important task lying ahead relates to the harmonization of laws. Several such laws have 
been identified, including: customs legislation, regulations and forms; legal regime for establishment, services, and capital; competition law; consumer protection; anti-dumping and 
countervailing measures; standards and technical regulations; labelling; sanitary and 
phytosanitary measures. In the area of compet ition, a CARICOM Competition Commission (CCC) 
was launched in 18 January 2008. The Revised Treaty of Chaguaramas requires CARICOM 
members states to establish their own national competition authority. At the OECS level, a 
Competition Treaty and model Competition Bill were drafted creating a single OECS Competition Authority, which will serve as the national competition body for each member state. As at March 2014, only St. Vincent and the Grenadines had enacted a national competition law, which 
would need to be amended to comply with the OECS model legislation. The Eastern Caribbean 
Competition Authority is expected to be established by 2015. It is expected to deal with OECS national and sub-regional  issues, while the CCC deal s with issues at a CA RICOM regional level. 
2.43.  Trade-related cooperation has also deepened  at a technical level with the establishment of 
the CARICOM Regional Organization for Standards and Quality (CROSQ). Of the six OECS-WTO Members, only St. Lucia and St. Vincent and the Grenadines have enacted the agreement 
establishing the CROSQ into domestic law.  
2.44.  The Caribbean Health and Food Safety Agency (CAHFSA) was launched on 12 March 2010 in 
Suriname, when the legal instrument Establishing the Caribbean Agricultural Health and Food Safety Agency entered into force upon signat ure by the CARICOM Heads of Government. The 
CAHFSA was established to coordinate SPS measures and strengthen the agricultural health and 
food safety systems and infrastructure related to agricultural trade in CARICOM. As at March 2014, the CAHFSA was not yet operational.  
2.45.  Since 1997, CARICOM has worked through the Caribbean Regional Negotiating Machinery 
(CRNM) to coordinate information and strategy in external trade negotiations, including in the WTO. In 2009, the CRNM was incorporated into the CARICOM Secretariat as a specialized 
department. Subsequently, it was renamed the Office of Trade Negotiations (OTN). The OTN works 
                                               
16 This includes: disputes between contracting parties to the Agreement Establishing the CCJ; disputes 
between any contracting parties to th e Agreement and CARICOM; referrals from national courts or tribunals of 
contracting parties; and applications  by national courts and the Eastern Caribbean Supreme Court concerning 
the interpretation and application of the Treaty of Chaguaramas. 
17 Appeals of decisions by a Court of  Appeal may be presented where a fi nal decision in civil proceedings 
involves a dispute with a value of not less than EC$25,000 and for final decisions in proceedings that involve a question regarding the interpretation of th e Constitution of the contracting party. WT/TPR/S/299 • OECS-WTO Members 
 
- 27 - 
 
  to develop a cohesive framework for the coordination and management of CARICOM's negotiating 
resources. It also assists member states in preparing national positions, coordinates the formulation of unified strategies for the region, and undertakes and leads negotiations where appropriate.
18 
2.46.  All OECS countries are members of the Association of Caribbean States (ACS), a forum for 
economic and trade policy coordination at the regional level, comprising 25 Caribbean Basin countries. 
2.3.3.3  CARIFORUM-EU Economic Partnership Agreement (EPA) 
2.47.   A comprehensive Economic Partnership Agreement (EPA) between the EU and 15 Caribbean 
states in the CARIFORUM group, including the OECS Members, was signed in 2008. This agreement replaced the expired preferences under the ACP-EU Cotonou Agreement. In contrast to 
the Cotonou Agreement, which was unilateral, the EPA is based on the principle of reciprocity, 
albeit asymmetric reciprocity. This asymmetry is reflected in market access, the MFN provisions, trade defence measures, and development cooperation. 
2.48.  As a result of the EPA, five new joint CARIFORUM-EU institutions were established: (a) the 
Joint Council is tasked with giving political direction, and reviewing main EPA implementation issues, and is composed of the CARIFORUM Minist ers, the EU Trade Commissioner and European 
High Representatives; it meets at least every two years; (b) the Trade and Development 
Committee (T&DC), in charge of reviewing EPA implementation in detail, is composed of senior officials, and meets at least once a year; (c) the Parliamentary, tasked with reviewing EPA 
implementation and advising the T&DC and the Jo int Council, and composed of Caribbean MPs, 
and Members of the European Parliament (MEPs); it meets when it decides to do so; (d) the 
Consultative Committee, also responsible for reviewing EPA implementation, and advising the T&DC and the Joint Council, is composed of business and civil society representatives; and (e) the 
Special Committee on Customs Cooperation and Trade Facilitation, reviews technical issues 
concerning customs and trade facilitation, and is composed of Customs and trade officials.
19 
2.49.  The Trade and Development Committee held its third meeting in Grenada in 
November 2013. It reviewed progress and issues so far in applying the EPA, and agreed on next 
steps. 
2.50.  In the EPA, the EU committed to immediate removal of all tariffs and quotas on CARIFORUM 
exports, with the exception of sugar and rice, whic h gained full duty and quota-free access at the 
end of 2009. For their part, CARIFORUM states committed to more gradual reductions in their 
tariffs over a period of up to 25 years. Certain sensitive products are excluded (see below). It was agreed that there would be a three-year moratorium before the reduction of tariffs started and the 
reductions would be from a harmonized base.
20 The agreement also covers trade in services, 
public procurement, intellectual property  rights and environmental protection. 
2.51.  The EPA guarantees the OECS Members and other CARIFORUM countries MFN treatment in 
trade in goods. CARIFORUM states were guaranteed  the right to any more favourable concession 
or improvement or relaxation of rules of origin offered to any third country by the EU by way of an FTA. CARIFORUM, on the other hand, must only pr ovide MFN treatment to EU products in cases of 
FTAs signed with major trading economies.
21 The EU and CARIFORUM states must enter into 
consultations where any signatory CARIFORUM State enters into an FTA with a major trading 
economy that offers better concessions than those offered in the EPA. 
2.52.  In accordance with Article 17, the OECS Members are granted preferential treatment with 
respect to their tariff commitments. Article 17 explicitly states that the OECS countries, Belize, 
Guyana, and Haiti, may, upon decision in the CARIFORUM-EC Trade and Development Committee, 
                                               
18 Office of Trade Negotiations online information. Viewed at: 
http://www.crnm.org/index.php?option=com_content&view=article&id=45&Itemid=69&0872a8d70c6252b77261d45b4779477d=207f7b7ec587. 
19 European Commission (2012). 
20 Base rates are calculated using a basic average of  the applied rates across CARIFORUM per tariff line. 
21 Under the EPA, a major trading economy is defined as  a country or group of countries with a share of 
world merchandise trade exceeding 1% or 1.5%, respectively. WT/TPR/S/299 • OECS-WTO Members 
 
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  modify the level of customs duties stipulated in Annex III, applied to a product originating in the 
EC party upon its importation into the CARIFORUM states. The parties must ensure that any such modification does not result in incompatibility wi th the requirements of Article XXIV of the GATT 
1994.  
2.53.  The EPA encourages deeper integration among CARIFORUM states and introduces a regional 
preference principle by which any more favourable treatment or advantage offered by any CARIFORUM State to the EC must be granted to each CARIFORUM State. 
2.54.  With respect to the programme of liberalization, all products originating in CARIFORUM 
countries and exported to the EU (other than ri ce and sugar), entered into a duty- and quota-free 
access (DFQF) regime as from 1 January 2008. For rice, DFQF has applied since 1 January 2010, as it was granted a transition period of two years ending on 31 December 2009. In 2008 and 
2009, rice quotas were 187,000 tonnes and 250,000 tonnes, compared with the former quota of 
125,000 tonnes. For sugar, DFQF has applied since 1 October 2009, subject to a transitional automatic safeguard mechanism until 30 September 2015.
22 Imports of CARIFORUM sugar were 
subject to a minimum price (not lower than  90% of the EU reference price) between 
1 October 2009 and 30 September 2012. 
2.55.  Under the gradual liberalization schedule for imports from the EU into CARIFORUM 
countries, it is estimated that some 61% of tariff lines would be duty-free over 10 years, 83% of 
over 15 years, and 87% over 25 years.23 The main exclusions and lengthier implementation 
periods apply to sensitive products, including poultry and other meat; dairy products; certain fruits and vegetables; fishery products; sauces; ice cream; syrup; beverages; ethanol; rum; vegetable 
oils; paints and varnishes; perfumes; cosmetics; soaps; shoe polish; glass or metal polishes; 
candles; disinfectants; furniture and parts; and some apparel, such as cotton pullovers/jerseys/cardigans. Most agricultural products have been either excluded from 
liberalization or subject to long transition periods of 20 or 25 years. 
2.56.  The EPA provides for a standstill of other duties and charges applied on imports, leading to 
a phase-out starting seven years after signature with a complete elimination within ten years. This 
will be a sensitive reform in most OECS countries, since they depend heavily on revenue from the 
Customs Service Charge (CSC) on imports, given that their CARICOM commitments do not allow them to incorporate the CSC into their applied MFN tariff rate. Moreover, the CSC is also applied on all imports from preferential partners, including other OECS countries. OECS member states 
apply a number of other duties and charges on imports, such as the environmental levy, and 
excise tax, and would have to remove the CSC and these taxes and charges by 2018. Some OECS Members are already addressing the situation, an d, in Antigua and Barbuda, the CSC has been 
turned into a Revenue Recovery Charge, whic h applies to imports and domestic goods.  
2.57.  A separate Protocol attached to EPA concerns rules of origin. This Protocol is based on the 
Cotonou Agreement's Protocol on rules of origin , with some major amendments. These include: 
specific provisions regarding sugar, rice, and high-sugar-content products in order to avoid 
possible circumvention of the provisions in force during the transition period; amended provisions 
on cumulation with neighbouring countries; and the addition of Mexico to the list of countries. The agreement calls for the review and further simplification of the Protocol on the Rules of Origin 
within five years after implementation of the EPA.  
2.58.  The EPA addresses administrative cooperation in matters relating to fraud or other 
irregularities, giving the parties the right to suspen d the application of the preferential rate of duty 
for the product concerned for a period not exceeding six months, renewable. The parties may 
make use of anti-dumping and countervailing measures in intra-party trade in accordance with WTO rules. This is of relevance mostly for the EU, since OECS-WTO Members lack the appropriate 
legal and institutional instruments to carry out such investigations. In this respect, the EU agreed 
to notify CARIFORUM states of formal co mplaints before commencing investigations. 
                                               
22 Certain products with high su gar content were subject to a special surveillance mechanism from 
1 January 2008 to 30 September 2015 to avoid trade circumvention: if imports of these products increase by 20% in volume during 12 consecutive months, the EC Commission may analyse trade patterns and, in case of 
circumvention, suspend preferential treatment for these products (CARICOM Secretariat, 2008). 
23 This is based on the original HS nomenclature (HS 2007); the shares could differ considering the 
current HS 2012 nomenclature. European Commission (2008). WT/TPR/S/299 • OECS-WTO Members 
 
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  2.59.  The use of safeguards is allowed for a maximum of two years. Where the circumstances 
warranting the imposition of safeguard measures continue to exist, such measures may be extended for a further period of no more than  two years. Where a signatory CARIFORUM State 
applies a safeguard measure, or where the EC party applies a measure limited to the territory of 
one or more of its outermost regions, such measures may be applied for a maximum of four years 
and, where the circumstances warranting the safeguard measures continue to exist, for a further four years. Under the EPA, the EU committed not to include products from CARIFORUM on any 
GATT Article XIX investigations for a period of fi ve years. Permitted safeguard remedies are all 
price-based measures, including the suspension of the rate of tariff reductions, the application of 
MFN applied rates (at a maximum), and the introduction of tariff quotas. CARIFORUM countries are allowed to impose safeguards to protect infant industries for ten years after signing the EPA, only 
based on an increase in imported quantities (there are no price triggers).  
2.60.  Annex IV to the EPA contains commitments on services and investment. The OECS Members 
made market access and commercial presence commitments in a large number of sub-sectors. In 
some cases, conditions were attached. For exampl e, in transport, Dominica made its commitments 
available only as from 2018, while Grenada, St. Ki tts and Nevis, St. Lucia, and St. Vincent and the 
Grenadines attached as condition for guaranteeing market access for foreign investment in the 
sector, that the investment be over US$1 million; investment of lower amounts may be reserved 
for nationals. Dominica, and to a lesser extent Antigua and Barbuda and Grenada, also left market access unbound on some banking services. Dominica put market access limitations on insurance. Commitments were generally not made with respect to mode 4. 
2.61.  CARIFORUM countries took a negative-list approach with respect to their commitments on 
investment. Pertaining to investment in services, most OECS Members scheduled limitations on investments under a certain value, generally to protect SMEs. The coverage of commitments on 
investment by OECS Members is wide, and generally excludes only small-scale mining and 
quarrying, manufacture of wood and products of wood, furniture, and the production of weapons 
and ammunition. The coverage of the commitments on investment allows the inclusion of 
non-conforming measures, (existing at the time of signature of the Agreement), in a party's 
schedule within two years of the date of entry of the Agreement. Unlike CARIFORUM, the EU 
utilized a positive listing approach to investment, listing all the sectors liberalized.  
2.62.  The EPA has a chapter on government procurement, which aims at promoting transparency 
and predictability. The chapter sets out some basic principles and minimum transparency rules 
that procuring entities should respect when te ndering. These rules apply to contracts over a 
US$200,000 threshold tendered by central authorities. In practice, most OECS government 
procurement is not covered by these provisions. Moreover, the chapter does not guarantee OECS 
market access for EU suppliers; the choice of suppliers remains a prerogative of each OECS 
Member. However, when selective tendering procedures are employed, procuring entities must 
publish a notice of intended procurement inviting eligible suppliers to submit a request for 
participation; select the suppliers to participate in the selective tendering procedure in a fair manner; and indicate the time limit for submitting requests for participation. 
2.63.  The EPA also contains a competition policy chapter, which identifies the types of 
anti-competitive conduct that are prohibited, mainly restrictive agreements and abuse of a 
dominant position. The chapter does not cover mergers or state aid. The chapter also contains provisions on enforcement cooperation. Under the chapter, the CARIFORUM states committed to 
ensure that within five years of the entry into force of the EPA, they would have laws in force 
addressing restrictions on competition within their jurisdiction, and have established the appropriate competition bodies. As at March 2014, this was not the case in the OECS Members 
States; however, the Competition Authority for the OECS is expected to be established by 2015.  
2.64.  The EPA contains provisions on public enterprises and enterprises with special rights, 
including monopolies. Public enterprises must be made subject to competition laws, but only to the extent that the application of these laws does not obstruct the execution of the special task 
assigned to them. Moreover, in the light of the specific development needs of CARIFORUM 
countries, certain sectors were excluded from this provision. 
2.65.  With respect to IPR protection, the CARIFORUM states must ensure adequate and effective 
implementation of the international treaties dealing with intellectual property to which they are 
parties and of the TRIPS Agreement. The provisions  of the IPR section were in principle to be WT/TPR/S/299 • OECS-WTO Members 
 
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  implemented effectively no later than 1 January 2014 unless the CARIFORUM-EC Trade and 
Development Committee determined otherwise. As of that date, some OECS Members were lagging behind on the adoption of appropriate nati onal legislation to allow full implementation of 
the TRIPS Agreement (e.g. St. Lucia with respect to patents). 
2.66.  Four OECS-WTO Members have begun implementation of the tariff reductions scheduled 
under the EPA, while the two others are still finali zing the necessary legislative and administrative 
work.
24 Table 2.3 provides a summary of the prefer ential tariffs to be applied by the OECS 
Members to EU products in 2013, if the Schedule of tariff cuts had been followed. Only St. Kitts 
and Nevis was applying the 2013 rates in the corresponding year, while Dominica, Grenada, and St. Vincent and the Grenadines were applying the initial cuts corresponding to 2011, and Antigua and Barbuda and St. Lucia had not implemented any cuts. These rates have been calculated by the 
WTO Secretariat and are an approximation. In general, rates to be applied to EU imports were, on 
average, between 2 and 2.3 percentage points lo wer than the MFN in all OECS Members except 
Dominica, where the preferential average was 1. 6 percentage points lower than the MFN. The 
reduction is most pronounced for non-agricultural products (WTO definition). 
Table 2.3 Summary analysis of EPA preferen tial tariffs scheduled for imports from 
the EU, 2013.
 
Description Preferential EPA tariff (%) 
Antigua 
& 
Barbuda 
(N) Dominica  
 
 
(F) Grenada  
 
 
(F) St Kitts 
& 
Nevis 
(I) St Lucia 
 
 
(N) St Vincent  
& the 
Grenadines 
(F) 
Total 9.1  10.7 9.1 7.9 7.7 8.7  
HS 01-24 17.8 26.5 19.5 13.5 16.7 17.9 
HS 25-97 7.0  7.3 6.8 6.7 5.7 6.8  
By WTO category       
WTO Agriculture 16.4  24.9 17.2 13.4 14.2 15.5  
 - Animals and products thereof 16.4 15.3 19.3 11.6 7.6 12.0 
 - Dairy products 6.1  6.1 6.5 6.3 5.5 5.3  
 - Fruit, vegetables and plants  21.9 26.7 21.1 15.0 18.4 21.3 
 - Coffee and tea 17.7  29.2 16.3 13.4 15.3 16.5  
 - Cereals and preparations 14.7 17.3 15.2 15.0 12.4 14.5 
 - Oil seeds, fats and oils and their Products 13.6  14.6 14.1 11.8 14.2 12.9  
 - Sugars and confectionary  21.9 21.9 22.2 22.7 18.8 18.1 
 - Beverages, spirits and tobacco 18.0  77.8 25.0 22.1 25.8 23.8  
 - Cotton 3.0 0.0 3.0 0.0 0.0 3.0 
 - Other agricultural products n.e.s. 5.9  6.3 6.6 6.3 4.6 6.4  
WTO Non-agriculture (including petroleum) 7.5 8.0 7.5 6.8 6.4 7.4 
 - WTO Non-agriculture (excluding 
 petroleum) 7.5 8.0 7.5 6.8 6.4 7.4  
 - - Fish and fishery products  19.7 25.4 25.3 9.3 24.6 25.0 
 - - Minerals and metals 5.7  5.7 6.0 5.4 4.5 5.9  
 - - Chemicals and photographic supplies 5.2 8.7 5.4 5.0 4.6 5.2 
 - - Wood, pulp, paper and furniture 7.6  8.0 7.9 7.9 6.5 8.0  
 - - Textiles 5.2 4.8 5.2 4.7 4.1 5.2 
 - - Clothing 16.7  16.6 16.7 17.3 16.6 16.7  
 - - Leather, rubber, footwear and travel 
 goods 7.0 7.1 7.4 6.6 6.8 7.4 
 - - Non-electric machinery 3.4  3.1 3.2 3.3 2.2 3.1  
 - - Electric machinery 7.8 7.1 7.7 7.8 5.9 7.9 
                                               
24 According to information provided by the different national authorities, and by the OECS Secretariat, 
as at March 2014, the implementation situation was as follows: (a) in Dominica,  the 2011 tariff reductions had 
been completed both admi nistratively and legislatively. The issue of an SRO to give effect to the Schedule of 
reductions permanently is pending; (b) in Grenada, the 2011 tariff reductions had been completed both administratively and legislatively. The issue of an SRO to give effect to th e Schedule of reductions permanently 
is pending; (c) in St. Kitts and Nevis the 2011 and 2013 tariff reductions had been completed administratively. 
The issue of an SRO to give effect to  the Schedule of reductio ns permanently is pending; (d) in St. Vincent and 
the Grenadines, the 2011 tariff reductions had been completed both administratively and legislatively. The 
issue of an SRO to give effect to the Schedule of reductions permanently is pe nding; (e) in Antigua and 
Barbuda and St. Lucia, no administrative or legal ac tion had been taken, and the reductions had not yet 
started. WT/TPR/S/299 • OECS-WTO Members 
 
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  Description Preferential EPA tariff (%) 
Antigua 
& 
Barbuda 
(N) Dominica  
 
 
(F) Grenada  
 
 
(F) St Kitts 
& 
Nevis 
(I) St Lucia 
 
 
(N) St Vincent  
& the 
Grenadines 
(F) 
 - - Transport equipment 11.7  9.7 9.1 11.4 7.5 9.3  
 - - Non-agriculture articles n.e.s. 11.3 10.4 10.7 11.3 9.9 10.7 
 - Petroleum 6.8  5.5 7.0 7.4 6.0 7.0  
By ISIC sectora       
Agriculture and fisheries 19.1  21.2 19.0 11.7 16.7 18.9  
Mining 2.9 4.4 4.7 1.9 3.5 4.3 
Manufacturing 8.4  10.1 8.4 7.7 7.2 8.1  
By HS section       
  01  Live animals & animal products 17.6  20.7 21.8 10.1 15.6 17.9  
  02  Vegetable products 19.1 20.7 18.3 12.9 15.5 18.3 
  03  Fats & oils 20.9  23.8 21.8 18.3 21.5 19.6  
  04  Prepared food etc. 16.1 38.8 18.1 16.8 18.2 17.1 
  05  Minerals 3.2  4.3 4.7 3.0 3.5 4.6  
  06  Chemical & products 4.8 8.7 5.0 4.7 4.3 4.9 
  07  Plastics & rubbe r 6.8  6.5 7.0 6.2 6.2 6.5  
  08  Hides & skins 6.8 6.9 7.2 6.6 5.3 7.0 
  09  Wood & wood articles 8.2  8.0 8.3 8.3 6.9 8.2  
  10  Pulp, paper etc. 5.6 5.8 6.1 5.7 4.5 6.3 
  11  Textile & apparel 8.3  8.0 8.3 8.1 7.6 8.3  
  12  Footwear, headgea r 13.3 13.1 13.3 12.7 12.7 13.3 
  13  Articles of stone 8.6  8.1 8.4 8.4 7.3 8.4  
  14  Precious stones, etc. 16.6 14.6 17.0 14.3 15.2 15.9 
  15  Base metals & products  5.1 5.1 5.2 5.0 3.6 5.1  
  16  Machinery 4.8 4.4 4.6 4.8 3.1 4.6 
  17  Transport equipment 11.4  9.4 8.9 11.0 7.2 9.1  
  18  Precision equipment 7.9 7.0 8.1 7.5 6.7 8.1 
  19  Arms and ammunition 40.2  29.4 24.2 41.9 39.6 24.2  
  20  Miscellaneous manufactures 13.3 14.0 13.3 13.1 12.8 13.3 
  21  Works of art, etc. 15.0  15.0 15.0 15.0 15.0 15.0  
By stage of processing       
First stage of processing 14.5  16.4 15.0 9.0 13.2 14.8  
Semi-processed products 3.6 3.6 3.8 3.2 2.6 3.7 
Fully-processed products 10.4  13.1 10.4 10.1 9.1 10.0  
Preferential rates range (%)  0-70 0-165  0-40 0-70 0-101.1 0-40 
Share of duty-free lines (% of total number 
of lines) 20.3 23.7 17.5 28.6 46.8 18.7  
Memorandum item       
MFN duty rate, total (%) 11.3  12.3 11.4 10.1 9.7 10.9  
MFN rates range (%. Min - Max) 0-70 0-165  0-40 0-70 0-101.1 0-40 
Share of duty-free lines (% of total number 
of lines) 9.5 22.4 5.4 24.0 39.6 8.8  
 
Notes: F: First reductions (2011) implemented 
 I: 2013 reductions implemented  N: No reduction implemented  a ISIC (Rev.2) classification, excluding electricity (1 line).  Source: WTO Secretariat estimates, based on data pr ovided by the authorities of St Kitts and Nevis. 
2.67.  Implementation of the EPA in other areas is still lagging, as it will require major legislative 
changes in the OECS Members. Most EPA provisions and non-tariff commitments require the application of the apposite WTO Agreement, or are WTO plus. Since, in several cases, 
OECS Members have not yet adjusted domestic legislation to be able to fully implement some WTO 
agreements, the effort to comply with the EPA prov isions will be onerous. However, it may act as 
an incentive to accelerate the changes in legislation required to comply with multilateral 
commitments. WT/TPR/S/299 • OECS-WTO Members 
 
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  2.3.3.4  Bilateral agreements 
2.68.  CARICOM has bilateral trade agreements  with Canada, Colombia, Cuba, Costa Rica, 
Dominican Republic, and Venezuela.  
2.3.3.4.1  CARICOM-Colombia 
2.69.  The CARICOM-Colombia Agreement on Trade, Economic and Technical Cooperation, was 
signed in 1994 and re-negotiated in 1997. A CARICOM-Colombia Joint Council on Trade, Economic and Business Cooperation administers the agreem ent. Through the re-negotiated agreement, 
Colombia granted unilateral preferential access to its market for four years to a group of products 
originating in CARICOM. After the four-year period the preferential trade scheme became reciprocal, taking into account development differences. The agreement is reciprocal only for CAROCOM MDCs.
25 OECS countries, as less developed countries within CARICOM, are not obliged 
to grant any concessions under the agreement. The elimination of tariffs does not apply to used 
goods.  
2.70.  The agreement has its own rules of origin regime. The parties have agreed to review their 
technical, industrial, commercial, and public health standards, as well as their sanitary and 
phytosanitary measures through the Joint Council. The agreement allows the use of safeguard measures if imports from their counterpart in the agreement are in such quantities that they may 
damage local industries. Safeguards must take the form of a suspension of preferential treatment. 
Safeguard measures may also be used for balance-of-payments purposes. The measures may be initially for no longer than a year, with the possibility of renewal for a further year. The application of anti-dumping measures is permitted.
  
2.3.3.4.2  CARICOM-Costa Rica 
2.71.  The Free Trade Area agreement with Costa Rica entered into force on 1 March 2004. A 
CARICOM-Costa Rica Joint Council was established to implement the agreement as well as "free 
trade coordinators" (Ministry of Foreign Trade in Costa Rica and CARICOM Secretariat) to monitor 
the implementation of the agreement. 
2.72.  The agreement is reciprocal with respec t to CARICOM's MDCs, but not the OECS Members. 
The agreement provides for free trade or preferential access for a wide range of products, 
excluding sensitive goods. Tariffs on 95% of products have been phased out. Duty will continue to apply for CARICOM, on meat, dairy products, fruit, and vegetables, and a few manufactured goods, such as furniture, some paints, bottles, and candles. A list of agricultural products is 
subject to seasonal MFN duties but duty free for the rest of the year. The FTA contains anti-
dumping and sanitary and phytosanitary provisions, and dispute settlement dispositions, and provides for a review of developments in relation to trade in services, investment, competition 
policy, and government procurem ent within two years of its en try into force. The agreement 
excludes goods produced in or shipped from export  processing zones from preferential treatment. 
A system of rules of origin was established for this agreement. 
2.3.3.4.3  CARICOM-Cuba 
2.73.  The CARICOM-Cuba Trade and Economic Agreement, which entered into force in 2006, 
provides for duty-free access for a list of goods agr eed by both sides. However, as is the case with 
other CARICOM agreements, the concessions on the CARICOM side are limited to MDCs. The OECS 
Members do not grant preferences to Cuba under this agreement. 
2.74.  The agreement provides for duty-free tr eatment on specified goods. Cuba's list of 
concessions to CARICOM is included in Anne x I, while Annexe II in cludes CARICOM MDC's 
preferences to Cuba. Tariffs on a specialized list of  products are to be eliminated by Cuba through 
four annual reductions (Annex III and IV). Preferential market access for certain agricultural products is dealt with on a seasonal and specific basis. In addition, the agreement deals with 
                                               
25 The agreement phased-in tariff reduct ions on a list of selected products. Its Annex II contains a list of 
products on which tariffs were eliminated in mid 1999, and Annex III a list for possible phased reduction of duties, but these have not been implemented. WT/TPR/S/299 • OECS-WTO Members 
 
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  taxation, trade promotion and facilitation, services, tourism, investment, intellectual property 
rights, and other topics. Goods produced in free zones are exempted from preferences. 
2.3.3.4.4  CARICOM-Dominican Republic Free Trade Agreement 2.75.  The CARICOM-Dominican Republic Free Trade Agreement, which entered into force in 1999, 
granted bilateral duty-free access for a number of  products from 1 January 2004. The FTA allows 
for the mutual granting of tariff concessions by CARICOM MDCs and the Dominican Republic. 
However, exports from the Dominican Republic to the CARICOM less developed countries, which 
include the OECS countries, continue to attract duties. 
2.76.  The agreement aims to free up market access, eliminate non-tariff barriers to trade, 
establish a system of rules of origin, engage in customs cooperation, and harmonize the technical, sanitary, and phytosanitary (SPS) procedures of the CARICOM and the Dominican Republic. The 
liberalization calendar is comprehensive and th e agreement provides for duty-free access for all 
goods other than those set out in Appendices II an d III to the agreement; the phased reduction of 
the MFN rate of duty on goods in Appendix II; and the application of the MFN rate of duty to goods 
in Appendix III.  
2.77.  This agreement established a Joint Council, made up of representatives of CARICOM and 
Dominican Republic, which meets once per year or at special sessions. The Council supervises the 
implementation and administration of the agreement,  resolves disputes, and presides over specific 
committees on trade in goods; technical barriers to trade; SPS measures; rules of origin; trade in services; investment; intellectual property rights; anti-competitive business practices. The two parties have established a CARICOM-Dominican Republic Business Forum to analyse trade and 
investment opportunities, exchange business information and organize business engagements. The 
aim of the Forum is to encourage the private sectors of the two parties to participate in the FTA.  
2.78.  CARICOM and the Dominican Republic have also agreed on procedures for settling disputes 
emerging from trade under the FTA. This involves initial informal consultations to arrive at a 
mutually satisfactory solution. In the event that the consultations fail to reach settlement within 30 days, or in the case of perishable goods, in 10 days, the case may be referred to the Joint 
Council. The Council may seek compromise  among the parties or make a ruling. 
2.3.3.4.5  CARICOM-Venezuela 2.79.  The CARICOM-Venezuela Agreement on Trade and Investment entered into force on 
1 January 1993. It is a one-way preferential agreement aimed at promoting CARICOM exports to 
Venezuela through duty-free access for some pr oducts or phased reductions in tariffs. The 
agreement also seeks to promote investment and facilitate joint ventures between the two parties.
 
The signatories are allowed to apply measures to counter dumping and subsidies. Disputes may be 
resolved through the Joint Council, but its recommendations are not binding. 
2.80.  Through this agreement, most CARICOM expo rts to the Bolivarian Republic of Venezuela are 
granted preferential or duty-free access. Tariffs we re eliminated on 22% of products (mostly fresh 
produce, confectionery, cosmetics, jams and jelli es, medicines, wooden furniture, horticultural 
products, spices, processed foods, and toilet preparations), while 67% of products benefit from tariff reductions. As a result, the Bolivarian Republic of Venezuela's average applied tariff on imports from CARICOM is about one third lower than its MFN tariff.  
2.3.3.5  Non-reciprocal agreements 
2.81.  The OECS Members also benefit from the Ca ribbean Basin Initiative, and CARIBCAN, both of 
which are non-reciprocal and unilateral.   
2.82.  Under the Caribbean Basin Initiative (CBI), in effect since 1984 as part of the Caribbean 
Basin Economic Recovery Act (CBERA), OECS count ries are eligible for duty-free access to the 
U.S. market subject to rules of origin. Preferen ces were expanded in 2000 by the United States-
Caribbean Basin Trade Partnership Act (CBTPA), which, for a specified period, accorded the same 
preferential tariff and quota treatment granted to certain textile and apparel articles imported into the United Sates from NAFTA countries, subject to conditions. The CBTPA expires on WT/TPR/S/299 • OECS-WTO Members 
 
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  30 September 2020. In 2009, the United States requ ested, and was granted, an extension of the 
WTO waiver for CBERA (as amended) up to end-December 2014.26 
2.83.  Under CARIBCAN, implemented in 1986, exports originating in the OECS and other 
CARICOM countries are granted duty-free treatment by Canada: the eligible products exclude 
textiles, clothing, footwear, luggage and other leather goods, lubricating oils, and methanol. To 
qualify for duty-free access, 60% of the ex-factory price of eligible products must originate in a 
beneficiary country or in Canada. CARIBCAN was set to expire on 31 December 2011, but since 
negotiations between Canada and CARICOM towards and FTA were ongoing, an extension was 
requested by Canada of the waiver of its obliga tions under paragraph 1 of Article I of the GATT, 
allowing it to extend duty-free treatment to  imports from Commonwealth Caribbean countries, 
until 31 December 2013.27   
2.84.  Canada and CARICOM are currently negotiating a reciprocal Canada-CARICOM Trade 
Agreement set to replace the unilateral preferences granted under CARIBCAN.28 The negotiation of 
a possible Canada-CARICOM FTA was announced at the Canada-CARICOM Summit in January 
2001, in Jamaica. However, negotiations did not start until 2009. Canada and CARICOM have held 
five rounds of negotiations to date (February 2014): in November 2009, March 2010, April 2011, July 2012, and January 2014. Discussions have covered market access in goods, trade defence 
and safeguards measures, rules of origin, trade facilitation, customs procedures, government 
procurement, technical barriers to trade, sanita ry and phytosanitary measures, services, labour, 
and environment. Both parties agreed that with re spect to market access, the chapter on financial 
services should go beyond Canada’s an d CARICOM’s respective GATS commitments.
29 
2.85.  The OECS Members are also beneficiaries of the European Development Fund (EDF).30 
Funds allocated under the EDF have been used to support mostly projects in education and in health. The programme is two-pronged: member states are allocated funds under national 
indicative programmes and at the regional level. The authorities indicated that €12.6 million were 
allocated to the OECS Secretariat for economic integration and trade programmes in 2008-13. 
2.86.  The OECS Members' products are eligible for the Generalized System of Preferences (GSP) 
schemes of Australia, Canada, the European Union,  Japan, New Zealand, Russia, Switzerland, and 
the United States.  
                                               
26 WTO document WT/L/753, 29 May 2009. United States-Caribbean Basin Economic Recovery Act, 
Renewal of Waiver, decision of 27 May 2009. The waiv er allows the United States to provide duty-free 
treatment for eligible products of the Caribbean Basin countries without having to extend the same treatment 
to like products of any other WTO Member. 
27 WTO document G/C/W/657, 27 October 2011. 
28 Government of Canada online information. Viewed at: www.international.gc.ca/trade-agreements-
accords  . 
29 CARICOM online information. Viewed at: 
http://www.crnm.org/index.php?option=com_content&view=article&id=51&Itemid=121. 
30 The EDF supports actions in the ACP countries and overseas countries and territories (OCTs) in the 
following key areas for cooperation:  economic development,  social and human development, and regional 
cooperation and integration. The EDF consists of gran ts managed by the European  Commission; risk capital 
and loans to the private sector, managed by the European  Investment Bank under the Investment Facility; and 
the FLEX mechanism, aiming at remedying the adverse effects of instability of export earnings. The 10th EDF 
had a budget of €22.68 billion. For more information on the EDF, see: http://ec.europa.eu/europeaid/how/finance/edf_en.htm. WT/TPR/S/299 • OECS-WTO Members 
 
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  3  TRADE POLICIES AND PRACTICES BY MEASURE 
3.1  Measures Directly Affecting Imports  3.1.1  Procedures, customs valuation and rules of origin 3.1.  Customs procedures vary slightly across the OECS countries. All the OECS-WTO members 
require a customs declaration form, an invoice, a bill  of lading or an airway bill, a certificate of 
origin for imports from CARICOM countries and, when needed, import licences and SPS certificates. Grenada and St Lucia also require a value declaration for goods whose value is above 
a certain threshold. The use of a customs brok er is not mandatory in any OECS-WTO member, 
except Dominica. 
3.2.   Dominica, Grenada, St Lucia and St Vincen t and the Grenadines use different versions of the 
ASYCUDA system for customs processing and cleara nce. To access the system importers need to 
register with the customs authorities. Antigua and Barbuda uses CASE, while St Kitts and Nevis 
uses TRIPS. Importers in Antigua and Barbuda are required to register with the Internal Revenue Service, while those in ST Kitts and Nevis are no t required to register. Both Antigua and Barbuda 
and St Kitts and Nevis are in the process of migrating to ASYCUDA World. 
3.3.  Customs clearance varies from about five hours (Antigua and Barbuda) to about two days 
(St Vincent and the Grenadines). Except for Gren ada, the customs legislation of all OECS-WTO 
members has a provision for appeals; in Grenada an appeal against customs decisions may be 
lodged directly with the courts. 
3.4.  All the OECS-WTO members except Grenada use the hierarchy of valuation methodology set 
out in the WTO Customs Valuation Agreement. Grenada uses the Brussels definition of valuation, 
although the authorities in Grenada indicated that  the transaction value is used in many cases. 
According to authorities in other OECS-WTO Members, the transaction value is used for valuation of over 80% of imports. 
3.5.  None of the OECS-WTO Members has any non-preferential rules of origin. All the countries 
apply the CARICOM preferential rules of origin. To  comply with these rules, goods are deemed to 
be from the Common Market if they have been: (a) completely produced within CARICOM; or 
(b) produced within CARICOM wholly or partly from materials imported from third countries, 
provided a substantial transformation has taken place within CARICOM. Substantial transformation may be achieved by change of tariff heading, or by complying with the requirements defined 
specifically for each tariff heading in Part A of the List in Schedule II of the CARICOM Treaty. 
Furthermore, under a "safeguard" mechanism, a manufacturer may use materials from outside the 
region when they are not available in a CARICOM State. However, the Council for Trade and Economic Development needs to provide a waiver to authorize such imports. Additionally, a 
certificate of origin from the exporting country is required with verification taking place at the 
importing end. CARICOM member states, are expect ed to implement the rules of origin contained 
in the Amended Schedule I of the Revised Treaty of Chaguaramas, based on the 2007 HS from 
1 January 2007. Presently all OECS-WTO Members apply the HS2007 nomenclature. 
3.1.2  Tariffs  3.1.2.1  Structure 3.6.  In 2013, the OECS-WTO Members' tariff was based on the HS07 nomenclature and comprised 
between 6,282 tariff lines (St Kitts and Nevis) and 6,686 tariff lines (Antigua and Barbuda). Across 
all countries, nearly all tariffs are applied on an ad valorem  basis.
1 
3.1.2.2  Tariff bindings 
3.7.  The OECS countries do not have unified tariff bindings in the WTO. While the separate 
national schedules are broadly similar, they vary considerably at the level of individual items and 
                                               
1 In St Kitts and Nevis, 99.7% of  the tariffs are applied on an ad valorem  basis, in St Lucia, 99.9%, and 
in St Vincent and th e Grenadines, 99.8%. WT/TPR/S/299 • OECS-WTO Members 
 
- 36 - 
 
  sectors. That variance is demonstrated both by the wide range in average bound tariffs 
(58.2-77.4%), and the differences on some individual products and sectors. Grenada is the only OECS Member to have bound all its tariff lines;  the others have bound between 92.7% (Dominica) 
and 99.7% (St. Vincent and the Grenadines). 
3.8.  All six countries bound agricultural tariffs at a ceiling rate of 100%, with some exceptions. 
Exceptions were generally bound higher than 100% in Antigua and Barbuda, Dominica, St. Lucia, and St. Vincent and the Grenadines, but in Grenada some tariff lines were bound at zero. 
Non-agricultural goods were bound at a ceiling ra te of 50% except in St. Kitts and Nevis, where 
they were bound at 70%; in all cases there are a number of exceptions, including bound rates as high as 250% in agriculture, and unbound tariff lines in non-agricultural goods in Antigua and Barbuda, Dominica, and St. Lucia. Products bound above the 50% or 100% rates include motor 
vehicles, cement, alcohol, margarine, and fruit. Although each OECS country applies other duties 
and charges to imports, only St. Kitts and Nevis bound other duties and charges in the WTO, at a 
general rate of 18% (3% CSC and 15% consumption tax), with a number of exceptions. 
3.9.  The  applied rates for a few products in Grenad a and Antigua and Barbuda exceed the rates 
bound in the WTO. However, the authorities indicated that this would be rectified in the 2014 tariff. 
3.1.2.3  MFN applied tariff 
3.10.  As members of CARICOM all OECS-WTO  Members apply the CARICOM Common External 
Tariff (CET). National exceptions to the CET are detailed in List A (items in respect of which member states wish to encourage national production) and List C (items for which minimum rates 
have been agreed, but may be increased up to bound levels). Applied tariff rates for List C 
products are determined by the different CARICOM member countries. Common rates are determined by all members, but only for reference purposes. Products contained in List C are 
generally subject to a minimum rate.
2 
3.11.  The average unweighted applied tariff rate for OECS-WTO Members is 11%, a negligible 
increase since the previous Review. The individual  national applied MFN rate ranges between 9.6% 
(St Lucia) and 12.3% (Dominica) (Table 3.1). The average applied MFN rate across all countries is 
significantly higher for agricultural products than for non-agricultural products. 
3.12.  The difference between average bound rates and the average applied MFN rate across the 
OECS-WTO Members varies between 46.8% (Grenada) and 67.3% (St Kitts and Nevis), which is 
significant and gives the authorities considerable scope to increase tariffs, creating some 
unpredictability for importers. However, the authorit ies stated that changing the tariff was a long 
process that had to be done through and requir ed approval of CARICOM's COTED and thus they 
felt the tariff was predictable. 
3.13.  Seasonal tariffs are applied by Dominica on Irish potatoes. Grenada (1 line), St Kitts and 
Nevis (19 lines), St Lucia (8 lines) and St Vincent and the Grenadines (13 lines) apply specific 
duties to a small number of tariff lines.  No tariff-rate quotas are imposed. 
Table 3.1 OECS summary tariff analysis, 2013 
Description MFN 
average Antigua 
& 
Barbuda Dominica  Grenada  St Kitts & 
Nevis St 
Lucia St Vincent &  
the 
Grenadines 
Total 11.0 11.3 12.3 11.4 10.1 9.6 10.9 
HS 01-24 20.7 19.4 28.6 21.4 15.1 20.2 19.8 
HS 25-97 8.8 9.4 8.8 9.2 9.1 7.3 9.0 
By WTO category        
WTO Agriculture 19.1 18.1 26.9 19.2 15.0 17.8 17.6 
 - Animals and products 
 thereof 18.3 20.5 19.3 23.3 15.6 15.4 15.7 
 - Dairy products 6.2 6.3 6.3 6.7 6.5 5.8 5.5 
                                               
2 Exceptions to the CET are included in Lists A, C,  and D, annexed to the CET. Rates vary by country 
and product.  WT/TPR/S/299 • OECS-WTO Members 
 
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  Description MFN 
average Antigua 
& 
Barbuda Dominica  Grenada  St Kitts & 
Nevis St 
Lucia St Vincent &  
the 
Grenadines 
 - Fruit, vegetables and 
 plants 23.0 23.7 29.0 23.0 16.1 22.8 23.3 
 - Coffee and tea 19.4 18.8 30.2 17.4 15.2 17.4 17.7 
 - Cereals and 
 preparations 16.0 15.6 18.3 15.9 16.1 14.8 15.4 
 - Oil seeds, fats and oils 
 and their Products 16.3 16.6 17.1 17.3 13.8 17.3 15.7 
 - Sugars and 
 confectionary 21.1 21.9 21.9 22.2 22.7 19.8 18.1 
 - Beverages, spirits and 
 tobacco 32.2 18.1 77.9 25.2 22.2 25.8 23.9 
 - Cotton 2.5 5.0 0.0 5.0 0.0 0.0 5.0 
 - Other agricultural 
 products n.e.s. 8.6 7.7 8.2 9.4 8.3 8.2 9.6 
WTO Non-agriculture 
(including petroleum) 9.4 9.9 9.5 9.9 9.2 8.0 9.6 
 - WTO Non-agriculture 
 (excluding petroleum) 9.4 9.9 9.6 9.9 9.2 8.0 9.6 
 - - Fish and fishery 
 products 23.2 20.9 27.4 27.1 10.3 26.9 26.8 
 - - Minerals and metals 7.2 7.5 7.2 8.1 7.3 5.5 7.6 
 - - Chemicals and 
 photographic supplies 7.4 7.2 10.1 7.3 6.4 6.3 6.9 
 - - Wood, pulp, paper 
 and furniture 9.7 9.5 9.6 9.9 10.3 8.7 10.1 
 - - Textiles 7.0 7.6 6.4 7.7 6.8 6.0 7.7 
 - - Clothing 20.5 19.9 19.6 19.9 24.3 19.9 19.9 
 - - Leather, rubber, 
 footwear and travel 
 goods 9.7 9.6 8.9 10.2 9.6 9.4 10.2 
 - - Non-electric 
 machinery 5.3 7.0 3.9 6.6 5.5 2.8 6.2 
 - - Electric machinery 10.1 10.7 9.3 10.7 11.6 7.6 10.5 
 - - Transport equipment 11.0 14.0 10.4 10.1 12.5 8.6 10.2 
 - - Non-agriculture 
 articles n.e.s. 13.3 13.8 12.6 13.4 14.5 12.2 13.4 
 - Petroleum 7.8 7.5 5.7 9.8 8.3 7.3 8.1 
By ISIC sectora        
Agriculture and fisheries 21.3 22.0 24.8 22.4 14.1 22.1 22.3 
Mining 4.9 3.4 6.2 7.0 2.1 4.9 6.2 
Manufacturing 10.3 10.6 11.6 10.7 10.0 8.9 10.2 
By HS section        
  01 Live animals & 
 products 20.3 20.0 23.5 24.6 12.4 20.7 20.5 
  02 Vegetable products 20.1 21.3 23.4 20.6 14.4 20.2 20.9 
  03 Fats & oils 25.3 25.3 28.2 26.6 21.3 26.4 23.8 
  04 Prepared food etc. 21.2 16.4 39.0 18.4 17.5 18.7 17.4 
  05 Minerals 5.3 4.0 5.7 6.8 3.6 5.1 6.4 
  06 Chemicals & 
 products 7.2 6.8 10.2 6.9 6.3 6.1 6.8 
  07 Plastics & rubber 7.8 8.5 7.3 8.9 7.4 7.4 7.6 
  08 Hides & skins 9.5 9.8 8.3 10.7 9.6 8.3 10.5 
  09 Wood & articles 10.8 10.8 10.4 10.9 11.2 10.5 10.8 
  10 Pulp, paper etc. 7.4 7.2 7.0 7.9 7.8 5.9 8.4 
  11 Textile & articles 10.7 10.9 9.9 11.1 11.5 9.8 11.1 
  12 Footwear, headgear 16.4 16.1 15.8 16.1 18.6 15.8 16.1 
  13 Articles of stone 10.0 10.4 9.4 10.1 11.2 9.0 10.1 
  14 Precious stones, etc. 17.0 17.7 17.4 19.8 15.1 15.5 16.6 
  15 Base metals & 
 products 6.6 7.2 6.5 7.5 7.2 4.4 6.8 
  16 Machinery 7.0 8.3 5.8 8.0 7.5 4.4 7.8 WT/TPR/S/299 • OECS-WTO Members 
 
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  Description MFN 
average Antigua 
& 
Barbuda Dominica  Grenada  St Kitts & 
Nevis St 
Lucia St Vincent &  
the 
Grenadines 
  17 Transport 
 equipment 10.7 13.6 10.1 9.9 12.0 8.3 10.1 
  18 Precision equipment 10.1 10.6 9.2 11.3 10.2 8.2 11.3 
  19 Arms and 
 ammunition 33.2 40.2 29.4 24.2 41.9 39.6 24.2 
  20 Miscellaneous 
 manufactures 15.2 15.0 15.7 14.9 16.5 14.3 15.0 
  21 Works of art, etc. 21.0 20.0 20.0 20.0 25.0 20.6 20.6 
By stage of processing        
First stage of processing 16.6 16.6 18.9 18.2 10.4 17.2 18.0 
Semi-processed products 5.2 5.8 5.0 6.0 4.7 4.0 5.5 
Fully-processed products 12.6 12.7 14.6 12.6 12.8 10.8 12.1 
 
a ISIC (Rev.2) classification, excluding electricity (1 line).  Source: WTO Secretariat estimates, based on data pr ovided by the authorities of Saint Kitts and Nevis.  
3.1.3  Tariff and tax concessions 
3.14.  The Fiscal Incentives Acts and other incentive schemes in place across OECS-WTO Members 
provide for duty-free imports and tax relief. Imports destined for government institutions; 
diplomatic missions and international organizations; hospitals, relief organizations, and other charitable institutions are also accorded duty-free treatment. 
3.15.  Furthermore, individual countries also a llow duty-free imports for specific reasons. For 
example: in Dominica imports of raw materials and inputs, materials, tools, plant, machinery, and 
building materials used in a variety of construction and manufacturing activities are duty free. 
3.16.  Concessions may also be designed to meet specific, temporary needs such as post-
hurricane reconstruction activity in certain countries. 
3.1.4  Tariff preferences 3.17.  Duty-free access is granted by OECS Memb ers, to imports from other CARICOM countries, 
provided these imports meet the CARICOM rules of origin criteria. Under the EPA with the 
European Union, the OECS countries are scheduled to grant preferential access to most EU products. Implementation of preferences starte d on 1 January 2011, and is expected to be 
completed by 1 January 2033. By then, all products originating in the EU, with the exception of the 
exempted products, which mostly relate to agricult ural and agri-industry products, are expected to 
be granted duty-free access to OECS countries. Th e pace of implementation varies sometimes by 
country (see section 2.3.3.3 and Table 2.3). 
3.1.5  Other charges affecting imports 
3.18.  In addition to the customs tariff, the OECS-WTO Members impose myriad taxes and levies. 
Five of the countries apply a customs service tax (CST), which varies from 3% (Dominica) to 6% 
(St Kitts and Nevis). The CST is charged on all imports including those from other CARICOM 
countries. However, all countries have exempted certain goods from the CST. In 2010, Antigua and Barbuda replaced the CST with the revenue re covery charge (RRC). The RRC is charged at a 
rate of 10% on all imports as well as on domestically produced goods. 
3.19.  Other than Antigua and Barbuda, all th e OECS-WTO members levy a VAT on goods and 
services; the general rate is 15%, with St Kitts and Nevis applying VAT at 17%. All countries have goods and services which are VAT exempt, while others are charged at a lower rate. For example, 
for hotels the VAT rate is 10%. Grenada, St Kitts and Nevis, and St Lucia introduced VAT during 
the period under review. Antigua and Barbuda continues to apply sales tax at a rate of 15% on goods and services. Like the other OECS countries, it has certain goods and services that are 
exempt and others that are charged the tax at a lower rate. WT/TPR/S/299 • OECS-WTO Members 
 
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  3.20.  With the exclusion of Antigua and Barbud a, all the OECS-WTO members charge an excise 
tax. The tax is applied, inter alia , on tobacco products, alcoholic beverages, automobiles, and 
petroleum products. It is ad valorem  basis and as a specific tax, depending on the country and the 
product.  
3.21.  Four of the countries apply an environmental levy, mainly on used cars and other goods 
that the authorities deem detrimental to the envi ronment. The coverage of the levy both in terms 
of products and the rate charged differs across countries. St Vincent and the Grenadines applies a 
vehicle surcharge and a deposit on bottles, while St Lucia introduced and subsequently 
discontinued a 1% levy during the period under review. 
3.1.6  Import prohibitions, restrictions and licensing 3.22.  All of the OECS-WTO Members have import prohibitions and licensing in place. The 
authorities stated that prohibitions are for health, safety, and security concerns. Import licensing 
requirements for certain products are also in place for the same reasons. 
3.23.  Furthermore, licences are in place for entirely economic reasons, such as the protection of 
infant industries or for balance-of-payments purposes. Import licensing schemes may be tied to 
regional integration (for example products covere d by Article 164 of the Revised CARICOM Treaty), 
such that some products are subject to licensing only when imported from outside the CARICOM 
region or, in some cases, from outside the OECS sub-region. 
3.24.  Despite new custom's legislation being pa ssed in Antigua and Barbuda and Dominica, there 
have been no changes to the import prohibitions or the import licensing regime in OECS countries. All the OECS-WTO Members, except St Vincent an d the Grenadines, have notified their import 
licensing regime to the WTO. The authorities of St Vincent and the Grenadines indicated that they 
were in the process of completing a draft of the notification. 
3.25.  At the time of their last Review, the OECS countries applied non-automatic licensing on 
products subject to quantitative restrictions under Article 56 of the CARICOM Treaty. In 2006, 
CARICOM took a decision, pursuant to Article 164 (Promotion of Industrial Development) of the Revised CARICOM Treaty, to replace non-automatic import licensing with tariffs. The main 
intended beneficiaries under the decision were OECS Members who qualify as LDCs in the 
CARICOM context. Article 164 also allows less developed CARICOM countries to petition COTED to suspend community origin treatment on certain products and to apply tariff rates higher than the CET. In January 2006, COTED agreed that tariff ra tes could be increased on goods for which Article 
164 may be applied. It was further agreed that this decision would be reviewed in the first 
instance, after a period of five years. In Antigua and Barbuda and in St. Vincent and the Grenadines, the items subject to tariffication remain subject to non-automatic import licensing.   
3.26.  The authorities in OECS countries state that most licences, other than those imposed for 
health and safety reasons, are granted automati cally, and in many cases are applied for and 
received at the time of importation. Non-automatic licences are used in every OECS country, 
except Dominica; the coverage varies by country, but generally includes agricultural and 
agri-business goods, as well as goods where there are safety concerns. Non-automatic licensing, is in principle, used extensively in St. Lucia, but the authorities indicate that, in practice, applications for a licence are rejected only if they are not made in proper form. While the rules vary from 
country to country, the licences are generally valid for a month or six weeks, are not transferable, 
and do not provide for penalties in the case of non-use. In St Kitts and Nevis, a health and safety permit is required for agricultural imports.  
3.1.7  Contingency measures  
3.27.  During the period under review, there were no changes to the anti-dumping and 
countervailing legislation in any of the OECS-WTO members. Antigua and Barbuda, Dominica, 
Grenada, and St Lucia have notified their anti-dumping and countervailing legislation to the WTO. 
None of the OECS-WTO Members has a competent authority to initiate and conduct an investigation, and thus none has taken anti -dumping actions during the review period. WT/TPR/S/299 • OECS-WTO Members 
 
- 40 - 
 
  3.28.  Anti-dumping and countervailing duty laws in force in the OECS-WTO Members date from 
1959-64  and have not been amended to reflect the Uruguay Round Agreements . The Revised 
CARICOM Treaty provides the basis for adopting anti-dumping measures but only against imports from other CARICOM member states. A model CARICOM anti-dumping and countervailing 
measures law is being considered within the context of the proposed Eastern Caribbean 
Competition Authority (see below) for all OECS countries and is expected to be in place by 2015. 
3.29.  None of the OECS-WTO Members has national safeguards legislation. However, under 
CARICOM rules, OECS-WTO Members, as less developed countries, may invoke the special 
provisions in Chapter 7 of the Revised Treaty of Chaguaramas, in particular Articles 150 and 164. Article 150 (safeguard measures) of the Revised Treaty of Chaguaramas entitles a disadvantaged country to limit imports of goods from other member states for up to three years, and to take 
other COTED-authorized measures. Article 164 (promotion of industrial development) of the 
revised Treaty allows less developed CARICOM countries to petition COTED to suspend community-origin treatment to certain products, as a temporary measure, in order to promote the 
development of an industry, and apply tariff rates higher than the CET. These rules have not been 
invoked by any of the countries. 
3.1.8  Technical regulations and standards 
3.30.  All the OECS-WTO Members have a bureau of standards (Table 3.2). During the period 
under review, Dominica, Grenada, St Lucia and St  Vincent and the Grenadines made notifications 
to the TBT committee. 
Table 3.2 OECS WTO Members' standards bureaux
 
 Bureau of Standards 
Antigua 
and 
Barbuda Dominica Grenada 
 St. Kitts and 
Nevis St. Lucia St. Vincent 
and the 
Grenadines 
Year established 1987 2000 1989 1998 1990 1998 
 Standards adopted 43 26 178 .. 104 69 
 Technical regulations 
adopted 0 11 27 .. 42  
 WTO notifications 0 11 16 0  13 
Functions       
 Develop standards  Yes Yes Yes Yes Yes Yes 
 Certification No No Yes Yes Yes No 
 Conformity 
assessment No No Yes Yes Yes .. 
 Market surveillance No No Yes .. Yes .. 
 Metrology Yes No Yes Yes Yes .. 
 
.. Not available.  Source: Information provided by authorities. 
3.31.  In terms of their structure, mandate, and procedures required for the adoption of standards 
and technical requirements, the OECS countries are quite similar. Technical regulations are 
referred to as either compulsory or mandatory standards, and are developed in essentially the same manner as standards. The process begins when a need is identified, and a proposal is 
developed. OECS countries generally favour th e use of international standards (preferably 
CARICOM standards) as the basis for their technical regulations. A draft specification is developed and discussed by a technical committee, then subm itted to the Standards Council; a period of 
public comments (e.g., 60 days) is allowed. Following receipt and review of comments, the 
standard may be amended and reconsidered by the Standards Council. Technical regulations, are 
notified to the WTO prior to implementation of  the measure, with 60 days for circulation and 
comments. In some countries, the Ministry of Legal Affairs may also be asked to comment on legal 
matters. The relevant minister publishes the technical regulation or standard in the Government 
Gazette . 
3.32.  Grenada, St Kitts and Nevis, and St Luci a undertake certification. The Grenada Bureau of 
Standards conducts batch, product, and quality certification. In St. Lucia, certification is done only 
against an existing standard, and is generally based on 100% testing. Other OECS countries stated WT/TPR/S/299 • OECS-WTO Members 
 
- 41 - 
 
  that due to resource constraints, they did not have fully functional certification bodies and that 
certification activities are undertaken on a regional basis. 
3.33.  During the period under review, Antigua and Barbuda and Grenada passed legislation on 
metrology, but implementing regulations have not been issued in the former. 
3.1.9  Sanitary and phytosanitary measures 
3.34.  None of the OECS-WTO Members notified any measures to the WTO SPS Committee during 
the review period. Furthermore, there are no formal  procedures in place to notify trading partners 
of SPS measures or any changes to the SPS regime. Instead, information is shared on an ad-hoc 
and peer-to-peer basis with counterpart agencies. The OECS countries do not have an inventory of SPS measures that have been adopted. 
3.35.  Document inspection as well as any product sampling is generally carried out at the border. 
However, there are few or no domestic facilities available to conduct tests of samples. These often 
need to be sent for testing to another country in the region (e.g., Barbados), or outside the region 
(e.g., the United States). Their lack of laboratory facilities may make it difficult for the OECS 
countries to ensure that any SPS measures they ad opt are based on an evaluation of actual risks. 
3.36.  In general, imports of plants and unprocessed products must be accompanied by a 
phytosanitary certificate issued by the exporting country. Imports of live plants and all 
unprocessed plant products and commodities, and non-commercial untreated seeds are generally 
subject to quarantine regulations, and imports of soil or products containing soil are prohibited. Import licences may be required for imports of live animals or their products. 
3.37.  Since the last Review of the OECS Members, new legislation pertaining to SPS measures has 
been enacted in Antigua and Barbuda and St Kitts and Nevis. 
3.38.  Antigua and Barbuda enacted the Plant Protection Act of 2012 and the Pesticides and Toxic 
Chemicals Act of 2008. Under the provisions of the Ac t, a government agency will be designated as 
the National Plant Protection Organization (NPPO). The NPPO would be responsible for the 
implementation of the International Plant Protection Convention (IPPC) and SPS Agreements. The NPPO would be responsible for, inter alia : issuing SPS certificates; inspection and surveillance 
pertaining to plant and plant products; disinfec ting consignments of plant and plant products; 
conducting pest risk analysis; providing information to other countries concerning SPS measures applied; notifying trading partners of non-compliance with import requirements; notifying SPS measures to the national enquiry point for SPS an d the IPPC focal point; and providing information 
regarding import and export regulations in forc e. Imports of plants and plant products are 
governed by the 2012 Act. The Pesticides and Toxic Chemicals Act of 2008 contain the main provisions with respect to the registration, import, sale, transport, disposal, control, and inspection 
of pesticides. The Act establishes the Pesticides and Toxic Chemicals Control Board (under the 
Ministry of Agriculture), which is in charge of implementing the Act. The Board is responsible for, inter alia  considering applications for registration; granting or revoking licences; approving 
research permits; and certifying pest-control operators. 
3.39.  St Kitts and Nevis has introduced the Animals (National and International Movement and 
Prescribed Diseases Prevention) Act of 2012 (Act No. 7 of 2012) and the Biosafety Act of 2012. Act No. 7 of 2012 controls the movement of anim als and animal-related items into and within 
St. Kitts and Nevis. The new Act which repealed the Animal (Disease and Importation) Act, Cap 
107 of the Laws of St. Kitts and Nevis, contains re gulations to prevent the introduction and spread 
of prescribed animal diseases and to ensure the safe and humane movement of animals to and 
from St. Kitts and Nevis. The Act is administered by the Chief Veterinary Officer, and establishes 
the Veterinary Authority. The authorities have no ted that the Act enhances the scope for decisions 
to be based on risk assessment. The Biosafety Ac t, 2012 regulates the registration and licensing of 
GMOs. There are licences for intentional introduction of GMOs in the environment, for domestic 
use, for contained use, for imports, and for exports. A Biosafety Board was established to implement the provisions of the Act. A new Plant Act was being discussed in Parliament in late 2013.  WT/TPR/S/299 • OECS-WTO Members 
 
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  3.40.  The OECS-WTO Members are members of Codex Alimentarius, but not of the World 
Organization for Animal Health. They are all contracting parties to the International Plant Protection Convention (IPPC). 
3.2  Measures Directly Affecting Exports 
3.2.1  Export procedures, export  prohibitions and export taxes 
3.41.  Export procedures across OECS-WTO Members are similar. In each country the export 
procedure mirrors the corresponding import procedure. Documents required include: an export 
declaration; a bill of lading or airway bill; an invo ice; a certificate of origin (for preferential trade 
as needed); and an SPS certificate (when required). Exports are inspected especially to detect smuggling and tax avoidance.  
3.42.  Export restrictions are based on CITES standards: all OECS-WTO Members ban exports of 
wild birds and wildlife. Exports of narcotics and drugs are prohibited or subject to licensing in 
several countries, as are exports of goods bearing the country’s coat of arms or flag. Grenada bans exports of unfermented cocoa. 
3.43.  The OECS-WTO Members generally do not use export-licensing. The exceptions include 
vegetables, monkeys, and several types of seaf ood in St. Kitts and Nevis; and swine, sheep, 
goats, lobsters, and conchs in St. Vincent and the Grenadines. St. Lucia's export-licensing 
requirement on ginger and dry coconut is not en forced. Grenada allows cocoa exports only with 
the written approval of the Grenada Cocoa Association, and bananas may be exported only by the Grenada Banana Co-operative Society or persons licensed by the Society. 
3.44.  Export taxes are applied by Antigua and Barbuda on lobsters and fish, while Dominica 
imposes export royalties on sand and stone, and St . Kitts and Nevis taxes exports of live animals, 
cotton, and some other products. 
3.2.2  Export subsidies, financing support, and promotion 
3.45.  All the OECS-WTO Members have notified their export subsidy schemes to the WTO. These 
include fiscal incentive laws
3, which provide for inter alia : relief from customs duty and income tax 
waivers for a certain length of time depending on the size of the investment. In addition, Antigua 
and Barbuda, St Lucia, and St Vincent and the Grenadines (not operational) also provide for 
free-zones. Enterprises operating in free zones ar e exempt from customs duty and other taxes on 
imports of goods used to construct and operate enterprises within the zone. Enterprises also 
benefit from tax benefits for a certain period, depending on the size of the investment and the 
number of employees. However, export su bsidy schemes need to end by 2015. 
3.46.   In a decision taken on 27 October 2006, the Committee on Subsidies and Countervailing 
Measures agreed to continue until 31 Decemb er 2007 the extension and continuation of the 
transition period, under Article 27.2(b) of the SCM Agreement, for the elimination of export 
subsidies that take the form of full or partial exemptions from import duties and internal taxes and were in existence under the programme on 1 September 2001. In July 2007, the General Council 
decided to extend the date to end 2015. On 23 October 2012, the Committee on Subsidies and 
Countervailing Measures approved the final extens ion of the transition period until end 2013 for 
export subsidy programmes of 19 developing countries including OECS countries. 
3.47.  OECS Members do not have national programmes for export credit, insurance or 
guarantees. During part of the period under review, manufacturing exporters could make use of 
the export insurance facility provided by the Eastern Caribbean Central Bank (ECCB), covering 
political and commercial risks. This facility wa s terminated in 2009. The ECCB also provided 
pre-shipment and post-shipment financing. The ECCB  had, alternatively, provided guarantees to 
commercial banks for advances made to exporters of non-traditional manufactured goods through the ECCB Export Credit Guarantee Scheme. The authorities noted that this scheme was 
unattractive to and under-utilized by ma nufacturers in OECS member states. 
                                               
3 In 2013 Antigua and Barbuda repealed its Fiscal Incentives Act. WT/TPR/S/299 • OECS-WTO Members 
 
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  3.48.  Exporters may receive export promotion support from the OECS Export Development Unit. 
In addition, some OECS countries have individual investment-promotion agencies. For example, the Dominica Export and Import Agency (DEXIA) provides support to exporters of agricultural, 
agri-processed, and manufactured goods for: mark et research and market entry requirements; 
product identification and development; participation in trade fairs, exhibitions, and promotions; 
organization of trade missions; organizational development; financial risk development; and training. To meet market entry requirements, DEXIA runs quality assurance programmes. In 
St Lucia, the Trade Export Promotion Agency provides information and support to local businesses 
and international buyers, it also coordinates and evaluates the national export development 
strategy. 
3.3  Measures Affecting Production and Trade 
3.3.1  Incentives  
3.49.  The OECS-WTO members encourage and promote both domestic and foreign investment 
with a view to fostering, inter alia : private sector development, job creation, poverty reduction, 
and economic diversification. To achieve these objectives, the OECS countries operate similar 
incentive schemes under their fiscal incentives laws, which provide for, inter alia , duty-free 
imports, tax exemptions, and preferential tax rates. 
3.50.  In addition, sector-specific incentives are in place. For example, a number of countries offer 
incentives to the tourism sector through the Hotels Aid Act. Agriculture and small businesses also receive incentives. 
3.51.  During the period under review, Antigua and Barbuda and Grenada enacted new legislation 
on incentives. The main change modified the ex port subsidy element, present in the previous 
legislation, so as to meet the export subsid y phase-out by 2015. The remaining OECS Members 
are in the process of modifying their fiscal incentives laws accordingly.  
3.52.  Antigua and Barbuda, Dominica, and St Kitts and Nevis set-up investment promotion 
agencies during the review period. These serve as one-stop shops for investors. Invest St. Lucia, 
under the Ministry of Commerce, started acting as  a one-stop shop in 2013. Invest St Vincent and 
the Grenadines was also rebranded in 2009 and functions as a one-stop shop. 
3.3.2  Competition policy and price controls 3.53.  None of the OECS-WTO Members has functional competition policy legislation in place. 
However, Chapter VIII of the revised CARICOM Treaty deals with competition policy and provides 
for the enactment and harmonization of legislation in CARICOM member states. The CARICOM 
Competition Commission, inaugurated in January 2008 and headquartered in Suriname, is in charge of competition issues and enforcement in the CSME. Additionally, the OECS countries have 
agreed to establish a supra-national competition agency to handle competition matters within its 
single market. The Eastern Caribbean Competition Authority is expected to be established by 2015. Draft model legislation has been prepared by the CARICOM Secretariat and is with the 
respective authorities for consideration. 
3.54.  All the OECS-WTO Members apply price controls. Coverages varies from 5 products in 
Dominica to about 100 items in St Vincent and the Grenadines; these apply de jure. Products 
covered are inter alia : essential food items, fuel and natural gas, fertilizer, and certain building 
materials. Price controls are applied both as maximum prices and maximum mark-ups allowed on 
import or wholesale prices.  
3.3.3  State-owned enterpri ses and marketing boards 
3.55.  Grenada submitted a new and full notification in July 2010, in which it identified the 
Grenada Cocoa Association (GCA) as a state trading enterprise.
4 Dominica is the only other OECS 
member to have notified a state trading enterprise to the WTO. In 2001, it notified the Dominica 
Import Export Agency (DEXIA) and Dominica Banana and Marketing Corporation. The latter has 
                                               
4 WTO document/STR/N/13/GRD, 24 August 2010. WT/TPR/S/299 • OECS-WTO Members 
 
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  been replaced by the Dominica Banana Producers Limited, which does not have a monopoly on the 
export of bananas. DEXIA still has the exclusive right to import most sugar, as well as bulk rice. 
3.56.  Marketing boards in operation in all OECS-WTO Members, exercise exclusive powers, 
primarily in the agricultural field (Table 3.3). Some institutions went out of business during the 
review period. In St Kitts and Nevis, the Supply Office of the Ministry of International Trade, 
Industry, Commerce and Consumer Affairs, which ha d an import monopoly on wheat flour in bulk 
(packages bigger than 5 lbs), rice in bulk (packages bigger than 10 lbs), and evaporated milk, 
ceased operations in 2013. In St Vincent and the Grenadines, the Banana Growers Association 
(BGA), a quasi-governmental organization with exclusive rights on the marketing (including 
exports) of domestically produced bananas, was dissolved in 2009. 
Table 3.3 Marketing boards or simila r arrangements in place over 2007-13  
Country Marketing board Products marketed exclusively by board 
Antigua and Barbuda 
 Central Marketing 
Corporation (CMC), 
established in 1973 CMC no longer enforces its monopoly on imports of carrots, cabbages, 
onions, sweet peppers, and tomatoes; system of import licensing is 
being phased out 
 
Dominica 
 Dominica Export and Import 
Agency (DEXIA), established 
in 1986 DEXIA has exclusive right to import sugar (brown and white sugar, 
except EEC No. 1 used by bottlers, and icing sugar) and bulk rice 
(white and parboiled) 
 
Grenada 
 Marketing and National 
Importing Board (MNIB), 
established in 1973 
 
 
Grenada Banana Co-
operative Society (GBCS); 
Grenada Cocoa Association 
(GCA); Grenada Co-
operative Nutmeg 
Association (GCNA); 
Grenada Minor Spices Co-
operative Marketing Society 
Limited (GMSCMS) 
 Exclusive importation of bulk rice and sugar in 50 kg polypropylene 
bags; centralized importer of rice in bulk, full cream powdered milk in 
bags, refined sugar in bags, and unrefined sugar in bulk 
 
 
GBCS is the sole authorized purchaser of bananas for export to 
countries outside the Caribbean area; bananas may be exported only 
by this group or persons they licen se. Exportation of cocoa is only 
allowed with the written approval of the GCA. GCNA is the sole 
authorized exporter of nutmeg. GMSCMS has exclusive right to export 
cloves, cinnamon, pimento, and all other spices except nutmeg and 
mace. 
St. Kitts and Nevis 
 Central Marketing 
Corporation (CEMACO) 
 
Ministry of Trade and 
Industry Marketing agent for non-sugar agricultural produce; its monopoly 
rights on the non-sugar sector abolished; CEMACO closed in 2009 
 
Monopoly on importation of bulk rice, wheat flour, and evaporated 
milk; St. Kitts' Supply Office closed in 2013 
 
St. Lucia 
 Ministry of Commerce, 
Business Development, 
Investment &Consumer 
Affairs. 
 
St. Lucia Marketing Board 
(SLMB) Monopoly on importation of bulk rice, wheat flour, and sugar 
 
 
 
 
Imports out-of-season goods (cabba ges, lettuce, tomatoes, carrots, 
and sweet potatoes) but does not have a monopoly 
 
St. Vincent and the Grenadines 
 Agricultural Input Warehouse  
 
 
 
National Properties Limited Has de facto  monopoly on importation of dry fertilizers, and legal 
monopoly on importation of sugar; also imports other inputs, e.g. 
tools, seeds, and pesticides, but does not have a monopoly 
 
Produce Division is responsible for domestic sales and exports of fresh 
produce, but does not have a monopoly over either 
 
 
Source: Information provided by the national authorities. WT/TPR/S/299 • OECS-WTO Members 
 
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  3.3.4  Government procurement 
3.57.  None of the OECS-WTO Members is a party to the WTO Agreement on Government 
Procurement. Data on government procurement was not available from any OECS Members for this Review. 
3.58.  During the period under review, Antigua and Barbuda, Dominica, and St Kitts and Nevis 
passed new legislation on government procurement; the legislation has not yet entered into force in Antigua and Barbuda.  
3.59.  Dominica's Procurement and Contract Administration Act of 2012 created the Central 
Procurement Board, which will approve and review  procurements above a certain threshold. The 
Act also created a Central Procurement Unit in the Ministry of Finance for monitoring and compliance purposes. The Act provides a 20% preference margin for domestic suppliers. 
3.60.  St Kitts and Nevis enacted the Procurement and Contract Administration Act in 2012. The 
law mandates public competition by companies bidding for government contracts and contains conditions for the use of the various procurement methods. The Act also sets out, inter alia , 
principles guiding the selection among bids, typica l periods involved in the procurement process, 
publication and other transparency requirements, appeal and review procedures, and sanctions. 
3.61.  OECS Members generally provide for both public and selective tendering. Public tendering is 
generally used for larger projects and when required by a donor's rules. Tenders boards generally 
choose the bid with the lowest price, but other issues may be taken into consideration (e.g., qualitative issues and the credibility of a bidder). Other than in Dominica, local suppliers or those from CARICOM are not granted any preferences. 
3.62.  In the Revised CARICOM Treaty, government procurement is part of a built-in agenda for 
future negotiations aimed at developing disciplines. The COTED has nevertheless launched an action plan to create a central regional information coordinating agency, and a promotional 
programme has been put in place to increase proc urement of regional goods and services, within 
CARICOM. 
3.63.  Furthermore, the CARIFORUM-EU EPA, signed in October 2008, contains public procurement 
conditions that require transparency and the use of agreed international standards in all 
government procurement above a threshold of approximately €164,000. The main provisions 
include the obligation not to discriminate against EU companies, and the publication of all laws, regulations, decisions, and administrative ruli ngs related to the procurement. However, the 
CARIFORUM-EU EPA recognizes preferences prov ided in lieu of regional integration. 
3.3.5  Intellectual property rights 3.64.  Significant progress has been made on IPRs across the OECS-WTO Members (Table 3.4). 
Dominica had enacted IPR-related legislation at the time of the last review, but the laws were not 
in force; they entered into force during the current review period. Grenada introduced copyright, patents and trade mark legislation in 2011 and 2012; draft legislation on geographical indications, 
layout designs of integrated circuits, protection of plant varieties, and undisclosed information is 
under consideration.  
Table 3.4 Intellectual property rights le gislation enacted since the Uruguay Round
 
Field Antigua 
and 
Barbuda Dominica Grenada St. Kitts 
and Nevis St. Lucia St. Vincent 
and the 
Grenadines 
Copyright 
Enacted:  In force:   
2003 2006  
2003 2003  
2011 2011  
2000 2002  
1995 2000  
2003 2004  
Patents 
Enacted:  
In force:   
2003 
2006  
1999 
2008  
2011 
n.a.  
2000 
2002  
2001 
n.a.  
2004 
2009 
 WT/TPR/S/299 • OECS-WTO Members 
 
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  Field Antigua 
and 
Barbuda Dominica Grenada St. Kitts 
and Nevis St. Lucia St. Vincent 
and the 
Grenadines 
Industrial designs 
Enacted:  In force:   
2003 2006   
1998 2008  
n.a. n.a.  
n.a. n.a.  
2001 2003  
2005 2009 
Layout designs 
Enacted:  
In force:  
  
2003 
2006  
1999 
2008  
n.a. 
n.a.  
n.a. 
n.a.  
2000 
2003  
2004 
2009 
Plant varieties Enacted: In force:   
n.a. n.a.  
1999 2008  
n.a. n.a.  
n.a. n.a.  
n.a. n.a.  
n.a. n.a. 
Trade marks 
Enacted:  
In force:  
  
2003 
2006  
1999 
2009  
2012 
2012  
2000 
2002  
2001 
2003  
2003 
2004 
Geographical indications Enacted:  In force:    
 2003 2006  
 1999 2008  
 n.a. n.a.  
 2007 2013  
 2003 2003  
 2004 2009 
 n.a. Not applicable. (No legislation or not in force)  Source:  Information provided by the authorities. 
3.65.  Legislation enacted in St Kitts and Nevis at the time of the last review, also entered into 
force during the review period. Other than Grenada and St Kitts and Nevis, all the other 
OECS-WTO Members have notified their legislation to the WTO.  
3.66.  IPR legislation across OECS-WTO Members contains provisions with respect to infringement 
of rights. Penalties include prison terms, fine s, and seizures of goods. However data on 
enforcement were not available. 
3.67.  Under the 2002 Cooperation Agreement between the OECS and WIPO, the two parties 
agreed to act in close cooperation on matters of mutual interest, with a view to harmonizing their 
efforts towards greater effectiveness.5 The agreement identifies nine fields for cooperation, 
including updating information on IPR laws and regulations in the OECS member states through mutual exchange of data and information.  
 
                                               
5 For the full text of the agreement, see WIPO document WO/CC/48/2, 24 July 2002. Viewed at: 
http://www.wipo. int/documents/en/document/govbody/wo_gb_cc/pdf/cc48_2.pdf. WT/TPR/S/299 • OECS-WTO Members 
 
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  4  TRADE POLICIES BY SECTOR 
4.1  Agriculture 4.1.  The importance of the agriculture sector varies across the OECS-WTO Members. Agricultural 
is more important to the economies of the Windward Islands (Dominica, Grenada, St. Lucia, and 
St. Vincent and the Grenadines), than to the Leew ard Islands (Antigua and Barbuda, and St. Kitts 
and Nevis). During the period under review, in contrast to the previous review period, the agriculture sector gained GDP share in the OECS countries as a group, increasing from 2.9% of 
GDP in 2007 to 3.9% in 2012. The increase partly re flects the decline of services and construction 
as a result of the global economic crisis. However, it also reflects the increase in the production of some commodities, in particular non-traditional crops. The sector has had a positive development in all OECS countries, but the increase was the highest in Dominica and Grenada, and smaller in 
St. Kitts and Nevis. 
4.2.  The banana industry continued to shrink duri ng the review period; it accounted for just 0.4% 
of nominal GDP and 10.7% of agricultural production in 2012, compared with some 0.5% and 
16.6%, respectively, in 2007. In 2010-11, the industry was severely affected by plant disease, 
resulting in a substantial reduction in production. This was compounded by the effect of natural disasters. Hurricane Thomas eradicated all bana na plantations in St. Lucia in November 2010, 
causing a significant setback in agricultural production. 
4.3.  National agricultural policies in the OECS Members are formulated mainly at the domestic 
level by the respective Ministries of Agriculture,  but there is a trend to harmonize policies, and 
there is a regional OECS Agriculture Policy endors ed by the OECS Authority. Presently, efforts are 
directed to operationalize the food and nutrition security policy in each OECS country, consistent 
with the agricultural plan of action. Agricultural products receive higher tariff protection than non-agricultural goods in all OECS Members (19.1% WTO definition, 21.3% ISIC, Table 3.1). 
Generally speaking, tariff protection is higher than average for fruit and vegetables, animals and 
products thereof, coffee, and tobacco. Most OE CS-WTO Members also use non-automatic import 
licences for a number of agricultural products, when imported from non-CARICOM countries. The 
exception to this policy is Dominica, where, due to  tariffication, the use of licensing is limited. 
Import restrictions to encourage self-sufficiency are also applied on some agricultural products, including poultry parts, eggs, and vegetables in  St. Lucia, and St. Vincent and the Grenadines. 
During the review process, the authorities of some of the OECS Members noted that the measures 
were in place partly to offset unfair trading prac tices from trading partners. A revision of these 
restrictions had been considered, but it was decide d to leave them in place, due to the lack of 
possibilities for contingency measures to counter them, as well as the absence of legislation 
related to food safety and of laboratory testing and diagnostic facilities. 
4.4.  OECS support to agriculture is very lim ited. Banana producers in the OECS Members may 
benefit from subsidies for fertilizers and other key inputs, and income tax exemptions; and 
farmers have benefited from duty-free importation of tractors and other agricultural machinery. 
Fiscal incentives in most OECS Members include partial or complete waiver of import duties and VAT exemption (or zero rates) on most inputs for the production of primary or processed agricultural commodities. Under the CARIFORUM-EU EPA, OECS agricultural producers benefit for 
all originating products exported to the EU (other than rice and sugar), from a duty and quota free 
access (DFQF) regime as from 1 January 2008. This is considered to be a major improvement compared with the preferential treatment under the Cotonou Agreement for some agricultural 
products, in particular bananas. 
4.5.  Most OECS Members (except St. Kitts and Nevis) continue to maintain marketing boards for 
some agricultural imports (section 3.3.3). 
4.2  Manufacturing 
4.6.  The manufacturing sector, including food pr ocessing, accounted for 4.7% of current GDP in 
2012, up from 4.2% in 2000. The sector, although small and very concentrated in a few products and markets, performed relatively well during the global crisis, experiencing small declines in 2008 
and 2011, but expanding in all the other years of the 2007-13 period. The main value-added 
industries are food and beverages, soaps and detergents, paper and paperboard, and the WT/TPR/S/299 • OECS-WTO Members 
 
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  production of some electrical parts and components, which has been a significant industry in 
St. Kitts and Nevis, in terms of exports to the U.S. market. 
4.7.  The performance of the sector has been partly  supported by an increase of exports, mainly to 
the United States and the EU, of some niche manufactured goods, such as electrical products 
(St. Lucia); switches, relays, fuses, and electric al capacitors (St. Kitts and Nevis); soaps and 
toothpaste (Dominica); and various manufactures (St. Vincent and the Grenadines). 
4.8.  The 2013 average MFN tariff on imports of industrial products (ISIC-2 definition) was 10.3%, 
the same at the time of the previous review. The highest average tariffs are applied on food, 
beverages and tobacco, clothing and apparel articl es, and footwear. Licensing requirements apply 
to a number of manufactured goods (e.g. oxygen in cylinder, acetylene, bleach, candles, PVC 
pipes, tyres, wooden doors, ga lvanized sheets, aluminium windows and doors) in most OECS 
countries, with the exception of Dominica. 
4.9.  Incentive schemes for manufacturers, includin g relief from corporate tax and customs duties 
for approved manufacturing enterprises for up to 15 years, under the various Fiscal Incentives 
Acts, have been reviewed (Antigua and Barbuda, Grenada and St. Lucia) or are in the process of 
being reviewed to comply with the end-2015 WTO deadline for the removal of subsidies notified 
under Article 27.4 of the SCM Agreement (Section  3.4.3). Free zones have been established in 
St. Lucia to encourage the developmen t of export-oriented manufacturing.  
4.3  Services 4.3.1  GATS commitments 4.10.  The OECS-WTO Members made GATS commitments in 4 to 6 of the 12 main service areas, 
and in 8 to 32 of the 160 subsectors (Table 4.1). There are common elements in the schedules: all 
OECS Members made commitments in: financial services; tourism and travel-related services; and recreational and sporting services. Most scheduled commitments for communications services and 
transport services, but Antigua and Barbuda, Dominica, and Grenada were the only OECS 
Members to make commitments in the extended WTO Negotiations on Telecommunications and to have signed the Fourth Protocol. None of the OECS Members participated in the extended WTO 
Negotiations on Financial Services. 
4.11.  In their GATS Schedules, the OECS Members included horizontal commitments on the 
movement of natural persons and the provision of services through commercial presence. The latter generally requires local incorporation of the foreign provider. Dominica, Grenada, St. Kitts 
and Nevis, St. Lucia, and St. Vincent and the Grenadines included reservation of certain small 
business opportunities for nationals (now understood as OECS nationals). Employment of foreign natural persons is subject to work permit regulations and labour and immigration laws. 
Table 4.1 Sectors in which GATS specific commitments were made
 
Sector-specific commitments Antigua 
and 
Barbuda Dominica Grenada St. Kitts 
and 
Nevis St. 
Lucia St. Vincent 
and the 
Grenadines 
Number of sectors  6 4 4 5 5 5 
Number of subsectors  32 20 19 8 9 8 
1. Business services  ◨ .. .. .. .. .. 
A. Professional services  ◨ .. .. .. .. .. 
B. Computer and related services  ◨ .. .. .. .. .. 
C. Research and development 
services ■ .. .. .. .. .. 
2. Communications services  ◨ ◨ ◨ ◨ .. .. 
 B. Courier services .. ■ ■ ... .. .. 
 C. Telecommunication services ■ ■ ◨ ◨ .. .. 
7. Financial services ◨ ◨ ◨ ◨ ◨ ◨ 
 A. All insurance and insurance-
 related services  ◨ ◨ ◨ .. ◨ ◨ 
 C. Other financial services .. .. .. ◨ .. .. WT/TPR/S/299 • OECS-WTO Members 
 
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  Sector-specific commitments Antigua 
and 
Barbuda Dominica Grenada St. Kitts 
and 
Nevis St. 
Lucia St. Vincent 
and the 
Grenadines 
8. Health and related social 
services   .. .. .. .. ◨ ◨ 
 A. Hospital services .. .. .. .. ■ ■ 
9. Tourism and travel related 
services ◨ ◨ ◨ ◨ ◨ ◨ 
 A. Hotels and restaurants 
 (including catering) ◨ ◨ ◨ ■ ◨ a ◨ 
 B. Travel agencies and tour 
 operators .. .. .. .. .. .. 
 C. Tourist guides services .. .. .. .. .. .. 
10. Recreational and sporting 
services ◨ ◨ ◨ ◨ ◨ ◨ 
 A. Entertainm ent services ■ ■ ■ ■ ■ ■ 
 D. Sporting and other 
 recreational .. ■ ■ ■ ■ ■ 
11. Transport services ◨ .. .. ◨ ◨ ◨ 
 A. Maritime transport services ◨ .. .. ◨ ◨  ◨ 
 H. Auxiliary services  .. .. .. .. ◨ ◨ 
 
◨ Part of sector/subsector has been scheduled. 
■ All of sector/subsector has been scheduled. 
.. No commitments scheduled. 
 a The commitment includes CPC 5126, which is with in the scope of general construction work for 
buildings. 
 Note Maximum number of sectors = 12; subsectors = 160. The table reflects commitments with respect 
to market access or national treatm ent, and in any mode of supply.  
 Only sectors and subsectors where commitments have been made are presented in the table.  
 Source: WTO GATS Schedules. 
4.3.2  Telecommunications 
4.12.  The Eastern Caribbean Telecommunications Authority (ECTEL) is the regulatory body for 
telecommunications in the ECTEL contracting states. ECTEL was established in May 2000 by the 
governments of Dominica, Grenada, St. Kitts and Nevis, St. Lucia, and St. Vincent and the 
Grenadines to promote market liberalization an d competition in telecommunications. National 
Telecommunications Regulatory Commissions (NTRCs) are established in each state to complement the work of ECTEL. 
4.13.  ECTEL has an advisory and coordinating ro le with respect to NTRCs on telecom regulation, 
and is charged with ensuring a competitive, ef ficient, universally available service to OECS 
member states. ECTEL is made up of a Council of Ministers, the Board of Directors, and the ECTEL 
Directorate. The Council of Ministers comprises the ministers responsible for telecommunications in 
the ECTEL states, and of the Director General of the OECS as an ex-officio member. Its responsibilities include giving directives to the Board of Directors and ensuring that the Board is 
responsive to the needs of the member states in  the implementation of telecommunications policy. 
The Board of Directors comprises one member and an alternate from each ECTEL contracting state 
and the Managing Director of ECTEL as an ex-offi cio member. The Board’s responsibilities include 
making recommendations to the Council on any matter relating to telecommunications, and 
establishing rules and procedures. The national  NTRCs are responsible for regulation of the 
telecoms sector in each contracting state. They are required by law to liaise and consult with 
ECTEL on various regulatory issues, including li censing, interconnection, spectrum management, 
pricing and tariffs, numbering, and dispute resolution . Individual licences may only be granted by 
the respective national ministers on recommendation by ECTEL.  
4.14.  The telecommunications market continued to develop in the ECTEL contracting states during 
the period under review, albeit at a more mode rate pace. Mobile service penetration increased 
from 111% in 2008 to 129% in March 2013 (650,000 mobile subscriptions or 1.24 mobile WT/TPR/S/299 • OECS-WTO Members 
 
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  subscriptions per inhabitant).1 Although this shows an increase in penetration, it is partly because 
users have more than one mobile phone, as call s among users of the same operator are cheaper 
than calls across operators. Fixed-line penetrat ion declined somewhat during the period under 
review, to 23% in 2013 (a total of 115,200 fixed lines were in service in March 2013), as did 
investment (Table 4.2). There were 80,500 broadband internet subscriptions in March 2013, with a 
15.9% penetration rate.  
Table 4.2 Key telecommunications service in dicators in the ECTEL Member States, 
2008-13  
Key Indicator 2008 2009 2010 2011 2012 2013 
Revenue (EC$ million)  772 728 776 732 735 711 
Investment (EC$ million)  175 150 99 81 83 86 
Employment  1,612 1,472 1,379 1,346 1,369 1,194 
Fixed voice service penetration (%) 26 26 25 24 24 23 
Mobile service penetration (%) 111 122 126 128 130 129 
Broadband internet service penetration (%) 11.2 12.6 13.7 14.4 15.0 15.9 
Local traffic (million minutes) 1,247 1,285 1,376 1,284 1,331 1,268 
International outgoing traffic (million 
minutes) 121 125 137 141 136 114 
 
Note: Information is for year ending 31 March.  Source: ECTEL (2014), Annual Sector Review 2012-13 . Viewed at: 
http://www.ectel.int/index.php/resources/publi cations?download=93:ectel-2013-annual-sector-
review. 
4.15.  At the end of March 2012, it was estimated that roughly 100 broadcast radio stations were 
licensed to operate in the ECTEL contracting states. There were 99 free-to-air television stations; 
only Dominica did not have a free-to-air television station in operation. At the same date, there were some 85,000 subscriptions to cable TV services offered by nine cable TV operators. 
4.16.  Antigua and Barbuda, Dominica, and Grenad a participated and presented an offer in the 
WTO Negotiations on Basic Telecommunications Services; the other OECS WTO Members did not 
present an offer. The OECS commitments made during the Uruguay Round reserved commercial 
presence in voice telephony and other services for the incumbent, Cable and Wireless, during the 
period of its original exclusive licensing arrangement. After this period, the offers give unrestricted 
market access for all services, with the exce ption of Antigua and Barbuda. In practice, 
liberalization took place in some countries before the scheduled date. The five ECTEL contracting 
states participated in the OECS Telecommunications Reform Project funded by the World Bank 
and, in May 2000, signed a Treaty Establishing the Eastern Caribbean Telecommunications Authority (ECTEL) and agreed to liberalize with in a minimum of 12 months and a maximum of 
18 months beginning 1 April 2001. New national telecommunications laws were promulgated in 
2000 and 2001, and national telecommunications regulatory commissions (NTRCs) were 
established. These are still the main laws regulating Telecoms in the five ECTEL countries; regulations have been introduced at the national level to implement or complement these laws 
(Table 4.3). The national telecommunication laws of the OECS ECTEL contracting states follow the 
same pattern, as do the various implementing regulations. During the period under review, 
regulations on interconnection, numbering, and universal service funds were put in place in all 
ECTEL contracting states. Regulations on quality of services and wholesale provisions were put in 
place in all members, except St. Vincent and the Grenadines. 
                                               
1 ECTEL (2014). WT/TPR/S/299 • OECS-WTO Members 
 
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  Table 4.3 OECS ECTEL members, st atus of approved regulations 
Telecommunication 
regulations Dominica Grenada St. Kitts and 
Nevis Saint Lucia St. Vincent 
and the 
Grenadines 
Dispute Resolution SRO No.34 
23/8/07  Outstanding Outstanding SRO No.122 
29/12/09 SRO No.2 
3/1/07 
Licensing and 
Authorisation SRO No.7 
26/3/02 Outstanding SRO No.2 
21/2/02 SRO No.121 
29/12/08 SRO No.1 
3/1/07 
Fees  SRO No.15 
8/3/07 SRO No.46 
19/12/06 SRO No.13 
6/2/07 SRO No.96 
30/9/02  SRO No.3 
3/1/07 
Spectrum 
Management SRO No.26 
29/7/11 SR0 No.18 
30/3/09 SRO No.25 
17/10/06 SRO No.119, 
29/12/09 SRO No.4 
3/1/07 
Interconnection SRO No.17 
23/4/09  SR0 No.14  
23/3/09 SRO No.44 
13/11/08 SRO No.72 
22/6/09  SRO No.60 
5/11/08 
Numbering SRO No.32 
4/9/08  SRO No.15 
17/4/09 SRO No.29 
30/10/08 SRO No.139 
6/8/07  SRO No.11 
9/4/08 
Quality of Service SRO No.13 
29/5/08  SRO No.16 
17/4/09  SRO No.28 
30/11/08 SRO No.148 
27/8/07 Outstanding 
Wholesale SRO No.12 
29/5/08  SRO No.17 
17/4/09 SRO No.31 
30/10/08 SRO No.168 
17/9/07 Outstanding 
Universal Service 
Fund  SRO No.34 
17/7/09  SRO No.21 
30/3/09  SRO No.2  
18/2/08 SRO No.120 
15/12/08 SR &O No.45 
15/9/08 
Universal Service 
Fund Contribution  SRO No.45 
20/10/09  SRO No.20 
17/4/09  SRO No.4 
18/2/08 SRO No.45  
6/4/09 SRO No.9 
9/4/08 
 
Source: ECTEL online in formation. Viewed at: http://www.ectel.int/statusofapprovedreg.htm . 
4.17.  The telecommunications markets of the OECS  ECTEL contracting states are open to foreign 
investment. There are no limits on foreign ownership of telecommunications companies, or citizenship requirements for directors. However, all telecommunications licensees must be established or registered as local companies. Cross-subsidization is not permitted. ECTEL 
contracting states applied specific telecommunication taxes, which have now been replaced by the 
VAT. 
4.18.  The respective national telecommunication la ws contain the general provisions that regulate 
the allocation of telecommunications services and network licences. The latter may be individual or 
class licences, and their terms and conditions ar e determined by the Minister in charge of 
telecommunications in consultation with ECTEL. To this end, ECTEL has developed a number of 
licence classes, according to the service; they are technology neutral.
2 This means that the 
determining factor for licence classification is the service that will be provided, and not the state of 
technology. Four licence categories have been developed: (a) Individual Licence, generally covering infrastructure-oriented services and often those that provide the network/foundation 
upon which other services can be supported
3; (b) Class Licence: Type A, for providers of telecoms 
services; Type B, for users of telecoms services ; Type C, for support services (type approval, 
terminal equipment dealer's certification, custom er premises wiring; (c) Frequency Authorization 
Licence: ancillary licence, required in addition to the Individual or Class Licence for wireless 
applications or services that require use of the spectrum; and (d) Special Licence: emergency licence issued at the discretion of the Minister and not exceeding 10 days.  
4.19.  ECTEL provides written criteria to make a recommendation for the allocation of an individual 
licence, which is granted by the Telecommunicati ons Minister in the specific ECTEL contracting 
state. The system is based on maximum points granted to applicants on three criteria: legal (5 points); financial (60 points); and technical (35 points). Class licences are granted by the 
respective NTRC. 
4.20.  In general, an application for frequency authorization must be submitted when the proposed 
service requires exclusive use of specific frequencies. This application needs to be made in addition 
to the individual, class licence or special licence applications to provide service. An exception now 
exists for services under class licence (type B), as  those application forms have been designed to 
                                               
2 Eastern Caribbean Telecommunications Authority (ECTEL), Application for a Telecommunications 
Licence, Guidance Notes,  Revised 11 September 2002. 
3 Services that require an individu al licence include mobile/cellular te lephony; fixed pu blic telephony; 
submarine cable; public radio paging; and Internet networ ks and services. WT/TPR/S/299 • OECS-WTO Members 
 
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  incorporate the requirements to support the author ization and assignment of specific frequencies 
for the exclusive use of the applicant in this ca tegory. ECTEL grants frequency authorizations, but 
government approval is also required. 
4.21.  In accordance with the OECS standard legi slation, when there is enough competition in the 
market, tariffs are freely determined by the supp liers. In segments where there is not enough 
competition to determine tariffs by market forces, and where services are provided by a major supplier, tariffs are regulated by the NTRCs and ECTEL through a price cap plan (PCP) under the 
Retail Tariff Regulations. Currently the price cap plan applies only to the services provided by the 
operator LIME (Cable & Wireless).  
4.22.  In 2010, ECTEL recommended a new PCP to  the NTRCs. The recommended price cap was 
for three years, with the possible extension of on e year, at the sole discretion of the NTRCs, on 
recommendation from ECTEL. The PCP was scheduled  to expire on 31 March 2013. The authorities 
noted that, although the extension was possible until 31 March 2014, the PCP will remain in place until a new plan comes to effect. Also from 1 April 2010, all access deficit charges (ADCs) were 
terminated, and LIME could no longer request consideration or approval of any tariff containing an 
ADC component. Under the PCP, LIME must contin ue to provide a minimum of 80 free minutes per 
month of residential fixed-to-fixed night and weekend calls. The PCP also contains price 
harmonization rules to ensure that prices for various services between the ECTEL member states 
remain relatively consistent and do not vary by a significant amount. For instance, the lowest monthly rate for a metered residence (business) access line must be equal to or more than 75% (82%) of the highest corresponding monthly rate in any other ECTEL member state.
4 Fixed 
international direct dialled (IDD) prices must be equal to or less than the corresponding mobile 
IDD price charged by LIME. 
4.23.  A price cap formula is applicable to retail services provided by LIME under the PCP. LIME 
must calculate an Actual Price Index (API), which represents changes in its prices for a specific 
basket of services over a specific period/time; the API must always be less than or equal to the Price Cap Index (PCI) according to an annually calculated formula. The PCI changes annually 
subject to the price cap formula for each basket. 
4.24.  Despite the openness of the market, it rema ins highly concentrated and costs of services 
are relatively high. This reflects in part the sm all size of the market. The incumbent, LIME (ex-
Cable and Wireless), remains the main provider of fixed-lined services in the ECTEL member 
states, and has a strong presence in mobile telephony, Internet services, and submarine cable 
services (Table 4.4). As a result of the 2010 PCP, the rate offered by LIME for fixed to fixed on-net calling has remained unchanged at EC$0.07 per minute in all ECTEL members states. In line with 
the PCP, the rate for fixed to mobile calling was reduced in March 2010 to EC$0.40, from EC$0.71 
and remained flat thereafter. The average calling rates per minute for mobile to mobile calls in 2012 were: EC$0.55 for an on-net call (same supplier) and EC$0.83 for an off-net call in 
Dominica; EC$0.60 on-net and EC$0.90 off-net in Grenada; EC$0.58 and EC$0.92 in St. Kitts and 
Nevis; EC$0.72 and EC$0.82 in St. Lucia; an d EC$0.70 and EC$0.77 in St. Vincent and the 
Grenadines. Mobile to fixed calls, which accounted for just 5% of local mobile calls, was on average EC$0.75 per minute in Dominica; EC$0.67 in  St. Kitts and Nevis; EC$0.80 in St. Lucia; 
and EC$0.73 in St. Vincent and the Grenadines. The calculation method will be revised to reflect 
ITU format (reflective of the cost associated with bundling services). 
                                               
4 The percentage for fixed-to-fixed and fixed-to-m obile is 65%. For bundles, LIME may deviate from the 
price harmonization rules if the difference in prices am ong various ECTEL member states can be explained and 
documented by LIME as a difference in the "cost" of the bundled services in the various countries. WT/TPR/S/299 • OECS-WTO Members 
 
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  Table 4.4 Telecoms operators in the ECTEL area  
Dominica Grenada St. Kitts and 
Nevis St. Lucia St. Vincent and 
the Grenadines 
Fixed-line operators 
Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) 
Marpin 2K4 FLOW Caribbean Cable 
Communications Karib Cable 
(FLOW) Karib Cable 
(FLOW) 
SAT 
Telecommunications     
Mobile operators 
Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) 
DIGICEL DIGICEL DIGICEL  DIGICEL DIGICEL 
  UTS - CariGlobe   
Internet network operators 
Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) Cable & Wireless 
(LIME)  Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) 
Marpin 2K4 FLOW The Cable Karib Cable 
(FLOW) Karib Cable 
(FLOW) 
SAT 
Telecommunications GRENCOMM Caribbean Cable 
Communications Spectra  
 AISLECOM    
Submarine cable operators 
Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) Cable & Wireless 
(LIME Cable & Wireless 
(LIME) Cable & Wireless 
(LIME) 
Middle Caribbean Network Southern 
Caribbean Fibre Southern 
Caribbean Fibre Southern 
Caribbean Fibre Southern 
Caribbean Fibre 
 Source: ECTEL (2014), Annual Sector Review 2012-2013 . Viewed at: 
http://www.ectel.int/index.php/resources/publi cations?download=93:ectel-2013-annual-sector-
review . 
4.25.  Antigua and Barbuda is the only OECS-WTO  Member that did not sign the ECTEL Treaty. 
The state-owned Antigua and Barbuda Public Utilities Authority (APUA) continues to have a monopoly on all domestic services. It is the only provider of domestic fixed-line services, but 
competition has been introduced in the mobile market, as it has sublicensed two companies 
(Digicel and Cable and Wireless) to provide mobile services, as well as providing these services itself. Cable and Wireless still has a monopoly in international fixed-line services. Eleven licences 
have been granted for the provision of internet networks and services; four of the companies are 
operational.  
4.26.  The authorities noted that Antigua and Barb uda has no immediate plans to participate in the 
ECTEL Treaty, since the Government owns APUA, wh ich also provides water and electricity; APUA 
provides cross-subsidies from the telecoms sector to electricity and water utility sectors. The Government of Antigua and Barbuda does not pay APUA for its telephone calls. 
4.3.3  Banking, finance, and insurance 
4.3.3.1  Overview 
4.27.  The financial system in the Eastern Caribbean Currency Union (ECCU) (the OECS-WTO 
Members plus Anguilla and Montserrat) comprises domestic banks, international financial services 
sector banks, credit unions, insurance companies, national development foundations, development 
finance institutions, building and loan associations and finance companies. 
4.28.  During the period under review, the financ ial sector was affected by the global financial 
crisis and by the collapse of two regional insuranc e companies. The effect was greatest in Antigua 
and Barbuda, where the ECCB intervened in two local banks, and the Stanford International Bank is estimated to have cost the economy some 20% of GDP. All OECS Members separate their financial sector into on-shore (domestic) and off-shore (international) financial services. A different 
set of laws and regulations applies to each type of institution. However, during the period under 
review, and under the effect of the global crisis , OECS Members consolidated regulation of their 
onshore and offshore sectors under a single unit (excluding domestic banks, which are regulated WT/TPR/S/299 • OECS-WTO Members 
 
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  by the Eastern Caribbean Central Bank (ECCB)).5 The ECCB provides support and actively monitors 
developments, primarily in the credit unions and insurance subsectors.  
4.29.  OECS Members made limited financial sector commitments during the Uruguay Round, 
mostly on reinsurance services. No OECS WTO Member participated in the WTO extended 
Negotiations on Financial Services. 
4.30.  The ECCB manages an interbank market to help commercial banks to manage their liquidity, 
and to facilitate the lending and borrowing of  available reserve balances between commercial 
banks. 
4.31.  The ECCB also manages the Regional Gove rnments Securities Market (RGSM), established 
in November 2002 for the trading of debt instru ments of the member states of the ECCU and 
which operates on a fully electronic platform. The instruments on the RGSM take the form of 
Treasury-bills and bonds and have varying maturi ties, ranging from 91 days to 10 years. These 
securities are backed by the governments of the issuing member states. The RGSM uses the platform of the Eastern Caribbean Securities Exchange (ECSE) for its primary market activity. The 
ECSE and its subsidiaries, the Eastern Caribbean Central Securities Registry (ECCSR) and the 
Eastern Caribbean Central Securities Depository  (ECCSD) provide the infrastructure for the 
trading, clearance, and settlement of securities on the RGSM. Government securities are issued on 
the market via auctions held according to the Regional Issuance Calendar, which outlines the 
upcoming auctions of participating governments, and is usually updated monthly. The auctions use a uniform price format; they are open to all potential investors. However, only licensed brokers are allowed to bid in the RGSM auctions. The Regional Debt Coordinating Committee (RDCC), 
established by the ECCB Monetary Council, has direct oversight for the RGSM. The RDCC 
comprises financial secretaries and/or directors of finance from each of the eight participating governments of the ECCU, as well as the Governor of the ECCB. The ECCB acts as fiscal agent to 
participating governments, advising them on the most appropriate instruments and timing for 
issuing securities on the primary market. The ECCB also undertakes some of the administrative duties associated with issuing the titles. 
4.32.  The RGSM has become more active in recent years. In 2012/13, 54 securities were 
auctioned on the regional market, compared with 39 the previous year. This partly reflects increasing government reliance on the regional market to secure funding in a difficult international context. The number of bonds issued on the market increased from four in 2011/12 to nine in 
2012/13, with the value rising from EC$130 millio n to EC$282 million. Three governments were 
responsible for the increase in the number of lo ng-term securities: St. Lucia, St. Vincent and the 
Grenadines and Dominica. The number of Treasury-b ills increased from 35 to 45, due mainly to 
the policy of the governments to favour market  financing over the use of bank overdrafts.
6 
4.33.  In an effort to foster the development of the private sector, and money and capital markets 
in the ECCU, the ECCB established the Eastern Cari bbean Enterprise Fund (ECEF) in October 2009. 
The ECEF's role is to attract investment capital and channel those resources to promote the 
development of private sector enterprises in the region, complementing existing financial intermediation services. The ECEF became operational in March 2012. 
4.3.3.2  Banking 
4.3.3.2.1  Onshore banking 
4.34.  Onshore banking is regulated by the ECCB  across the ECCU, including the OECS: the ECCB 
Agreement Act (1983) gives the ECCB the authorit y to regulate banking businesses on behalf of, 
and in collaboration with, participating governments. The regulatory framework of the domestic 
banking system in each OECS country has two ma in legislative components: the ECCB Agreement 
                                               
5 These authorities are: the Financial Services Commission (Antigua and Barbuda); the Financial 
Services Unit, in the Ministry of Finance and Planning (Dominica); the Grenada Authority for the Regulation of Financial Institutions (GARFIN); the Financial Services Department in the Ministry of Finance (St. Kitts and 
Nevis); the Financial Sector Supervision Unit in the Ministry of Finance (St. Lucia); and the Financial Services 
Authority (St. Vincent and the Grenadines). These authorit ies are also the insurance re gulatory bodies in their 
respective countries. 
6 ECCB (2013). WT/TPR/S/299 • OECS-WTO Members 
 
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  Act and the national banking law. National legi slation is harmonized: between 1988 and 1992, new 
banking legislation was enacted in each of the OECS member states. These laws are collectively referred to as the Uniform Banking Act. Over the period 2004 to 2006, the banking laws, in the territories of the participating governments were revised and upgraded in relation to the Basle core 
principles.  
4.35.  The harmonized banking acts recognize the ECCB's primary responsibility for the supervision 
of domestic banks. Ultimate authority for regulating institutions covered by these acts is jointly 
vested in the Minister of Finance and the ECCB. The Minister of Finance is normally required to act 
in consultation with, and on the recommendation of, the ECCB with respect to areas where the 
Minister of Finance has ultimate responsibility. 
4.36.  All commercial banks and other institutions wishing to carry on banking business in the 
OECS are required to be licensed under the Ba nking Act and are regulated by the ECCB. Banks 
must be licensed by the Ministry of Finance of their respective country. Applications are assessed by the ECCB, which makes a recommendation to the Ministry of Finance in the respective Member. 
As part of the ongoing supervision, licensed financial institutions are required to submit monthly, 
quarterly, and annual returns to the ECCB. In addition, periodic visits are made to the institutions to verify the information submitted. 
4.37.  Domestic banking across the OECS is open to foreign investment. There are no limitations 
on foreign investment and foreign-owned banks may establish subsidiaries or branches in each of the OECS Members. Licences are specific to the country where they are granted: a different licence is required for each jurisdiction. Banks (local and foreign financial institutions) must have a place 
of business within the member state in which they are licensed. A foreign financial institution 
intending to open a branch or affiliate is also required to provide certification that the banking supervisor in the jurisdiction in which it was incorporated has no objection to its application for a 
licence, and evidence that it is subject to comprehensive supervision on a consolidated basis by 
the authorities in its home jurisdiction. There are no residency or citizenship requirements for bank managers or directors.  
4.38.  There are no foreign exchange controls: none of the OCES Members has legislation that 
prevents borrowing or placing deposits with bank s located abroad. Credit unions play an important 
role in the domestic financial sector in a number of the OECS Members. 
4.39.  There were 34 domestic banks licensed in the OECS-WTO Members under the Uniform 
Banking Act at end 2013. There were also 15 non-bank financial institutions. (Table 4.5). Of the 
34 domestic banks, 17 were locally incorporated, of which 11 were locally owned and 6 foreign owned, and 17 were foreign incorporated. 
Table 4.5 Institutions licensed under th e Banking Act in the OECS Members, 2013  
 Banks Non-bank financial institutions 
Member territories    
Antigua And Barbuda 8 2 
Dominica 4 1 
Grenada 5 2 
St. Kitts And Nevis 7 1 
St. Lucia 6 7 
St. Vincent And The Grenadines 4 2 
Total  34 15 
 
Source: ECCB online information. Viewed at: http://www.e ccb-centralbank.org/Finan cial/fin_structure.asp. 
4.3.3.2.2  Offshore banking 
4.40.  The offshore (international) financial services sector is governed by the offshore banking 
laws in the respective countries, and is primarily the responsibility of the national regulators. 
Offshore banks may conduct banking business only in currencies other than the EC dollar and, are 
generally precluded from conducting business with citizens in the country in which they are registered. Offshore companies benefit from various tax exemptions (e.g. corporate tax and stamp WT/TPR/S/299 • OECS-WTO Members 
 
- 56 - 
 
  duty). In some jurisdictions, there are citize nship requirements for directors of offshore 
companies. 
4.41.  In 2013, there were 29 international banks in  the WTO Members. Of these, more than half 
(16) were incorporated in Antigua and Barbuda (Table 4.6). 
4.42.  Overall, the regulation and supervision of the financial sector in the ECCU is being 
enhanced, the ultimate objective being the establishment of harmonized laws that are consistent with international best practices and a regulatory and supervisory unit for financial services in each 
member state. During the period under review, th e offshore banking sector was severely shaken 
by the bankruptcy and intervention of the Stanford  International Bank (SIB), based in Antigua and 
Barbuda, the largest offshore bank in the OECS area (see Antigua and Barbuda report). 
Table 4.6 Other financ ial institutions in the OECS-WTO Members  
Financial 
Institutions Development 
banks Credit 
unions Insurance 
companies/ 
agencies National 
development 
foundations Building and 
loan 
associations International 
financial 
banks 
Member 
Territories        
Antigua and 
Barbuda 1 6 26 1 - 16 
Dominica 1 15 17 1 1 3 
Grenada 1 16 24 1 1 - 
St. Kitts and 
Nevis 1 3 17 1 - 1 
St. Lucia 1 16 26 1 - 4 
St. Vincent 
and the 
Grenadines - 9 22 1 1 5 
TOTAL  5 65 132 5 3 29 
 
Source: ECCB. 
4.3.3.3  Insurance 
4.43.  As with banking, insurance business is divi ded into onshore and offshore activities in the 
OECS. Regarding onshore insurance, there are no limitations on foreign investment in any of the OECS countries, and in most jurisdictions insurance companies are foreign-owned. However, foreign insurance companies must maintain a principa l office locally and must appoint, by power of 
attorney, a citizen of one of the OECS countries as its principal representative. Foreign insurance 
companies (parent or subsidiary) are allowed to establish as a branch. There are no citizenship requirements for managers or directors of insura nce companies. There is no legal restriction on 
companies located abroad from offering insurance coverage to locals. Capital requirements vary 
according to the origin of the insurance company and are higher for foreign companies. 
4.44.  During the period under review, new le gislation on insurance was introduced in the 
OECS-WTO Members. These new insurance laws and their amendments redefined the legal 
framework to make it uniform across the OECS Members. They apply to: (a) all local insurance companies; (b) all other insurance companies whether or not locally incorporated, which carry on any class of insurance business locally; (c) all associations of underwriters registered to carry on 
insurance business; (d) all insurance intermediaries whether or not locally incorporated; and 
(e) privately administered pension fund plans. The laws also apply to re-insurance. 
4.45.  Separate registries must be maintained fo r local, and foreign insurance companies, and for 
associations of underwriters. Registration as one of  these three types of entities is a pre-requisite 
for the provision of insurance services. WT/TPR/S/299 • OECS-WTO Members 
 
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  4.3.3.4  Securities 
4.46.  The Eastern Caribbean Securities Regula tory Commission Agreement was signed by all 
OECS-WTO Members, Barbados, and Montserrat, in November 2000. The agreement gained force of law with the passage of the Eastern Caribbe an Securities Act, 2001, effective 8 October 2001.
7 
It led to the launch, in October 2001, of the Eastern Caribbean Securities Market (ECSM) with the 
opening of the Eastern Caribbean Securities Exchan ge Ltd (ECSE) and its affiliated institutions. The 
Eastern Caribbean Securities Regulatory Commissio n (ECSRC) is the regulatory body of the ECSM. 
The function of the ECSM is to facilitate securiti es dealing in the OECS and to enact legislation, 
establish an appropriate regulatory structure, an d train, certify, licence, and regulate market 
participants. To this end, the ECSRC is responsi ble for making and amending rules and proposing 
legislation for the regulation of the securities market and for applying and interpreting the 
Securities Regulations, 2001, and the Securities Act, 2001.8 The ECSRC's highest decision-making 
authority is the Monetary Council of the Eastern Caribbean Currency Union. 
4.47.  There are 12 licensees under the Act, 7 of which from the OECS-WTO Members.9 The other 
licensees are from Anguilla, Barbados, and Trinidad and Tobago. Since the ECSM's creation in 
2001, there have been 37 reporting issuers.10 Of these, 22 are public companies of OECS-WTO 
Members: 7 from St. Kitts and Nevis; 5 from Gren ada; 4 from St. Lucia; 4 from Dominica; and 1 
each from Antigua and Barbuda and St. Vincent and the Grenadines. However, there were only 
13 equity securities listed in the ECSE as at January 2014: 11 of them from OECS-WTO Members.
11 There were also 75 debt securities traded, of which 33 from the Government of 
St. Lucia, 11 each from Antigua and Barbuda and St. Vincent and the Grenadines, 9 from St. Kitts 
and Nevis; 6 from Grenada; and 5 from Dominica. The securities traded were mostly medium- and 
long-term bonds, but also Treasury-Bills with maturities between 91 and 365 days. 
4.48.  The Eastern Caribbean Central Securities Depository (ECCSD) is a wholly owned subsidiary 
of the ECSE. The ECCSD provides clearance and sett lement of trades transacted on the ECSE. The 
main participants on the Depository are broker/dea lers, limited service brokers, and custodians. It 
provides services to participant intermediaries and processes transactions for trades reported by 
the Exchange or other markets. Custody services are provided to entities that wish to hold 
securities at the Depository for safekeeping on behalf of customers. Another supporting institution 
                                               
7 Apart from the Securities Act, 2001 and its 2004 amendm ent, the securities industry is governed by a 
number of regulations, including the Securities (Foreign  Securities and Intermedia ries) Regulations 2004; the 
Securities (Accounting and Financial Statements) Regulations; the Securities (Advertisements) Regulations; the Securities (Collective Investment Schemes) Regulations; the Securities (Conduct of Business) Regulations; the Securities (Discipline) Regulations; the Securities (Licences and Fees) Regulations; the Securities (Prospectus) Regulations; the Securities (Continuing Disclosure Obligations of Issuers) Regulations; and the Securities 
(Uncertificated) Regulations 2004. There are also ECSRC Rules, such as the Securities (Registration Statement) 
Rules No. 2 of 2008, and the Securities (Accounting & Financial Reports) Rules No. 1 of 2008, as well as Statutory Orders at the national level. 
8 ECSRC online information. Vi ewed at: http://www.ecsrc.com/. 
9 ABI Bank Ltd (Antigua and Barbuda); the Bank of Ne vis; St. Kitts Nevis Anguilla National Bank Ltd.; 
ECFH Global Investment Solutions Limited, Financial In vestment and Consultancy Services Ltd, First Citizens 
Investment Servic es Ltd, St Lucia, all from St. Lucia; and the Bank of St .Vincent and the Grenadines Ltd. 
10 The OECS-WTO Members reporting issues are: Antigua Printing & Publishing Ltd.; Antigua 
Commercial Bank; Antigua Brewery Ltd.; Dominica Coconut Products Ltd.; Dominica Electricity Services Ltd.; Dominica Brewery & Beverages Ltd.; National Bank of Dominica Ltd.; Grenada Elec tricity Services Limited 
(GRENLEC); RBTT Bank Grenada Limited; Jonas Browne  & Hubbard Limited (Grenada); Grenada Property 
Corporation Ltd.; Grenada Breweries Li mited; Republic Bank (Grenada) Ltd. ; Grenada Co-operative Bank Ltd.; 
S L Horsford & Company Ltd. (St. Kitts and Nevis); St . Kitts-Nevis-Anguilla Trading & Development Company 
Ltd.; Eastern Caribbean Securities Ex change Limited (ECCB); Eastern Cari bbean Central Securities Registry 
Limited; Eastern Caribbean Central Securities Deposito ry Limited; Cable & Wireless St Kitts & Nevis Ltd.; 
St. Kitts-Nevis-Anguilla National Bank Ltd.; Carib Brewery (St Kitts & Nevis Limited); Bank of Nevis; RBTT Bank (SKN) Ltd.; Eastern Caribbean Home Mortgage Bank (ECHMB) (St. Kitts and Nevis); East Caribbean 
Financial Holding Company Ltd. (St. Lucia); 1st National  Bank St. Lucia Ltd.; Windward and Leeward Breweries 
Ltd. (St. Lucia); St Lucia Electricity Services Ltd (LUCELEC); St Vincent Brewery Ltd.; and Campden Park 
Container Port Ltd. (St. Vincent and the Grenad ines). ECSRC online information. Viewed at: 
http://www.ecsrc.com/. 
11 Dominica Electricity Services Ltd.; Grenada Electricity Services Limited; Grenreal Property Corporation 
Ltd. (Grenada); Republic Bank (Grenada) Limited; The Bank of Nevis Ltd; Cable & Wireless St. Kitts & Nevis; 
St Kitts Nevis Anguilla Trading and Development Company Ltd.; St. Kitts Nevis Anguilla National Bank Ltd; 
S. L. Horsford and Company Ltd; East Caribbean Fina ncial Holding Co. Ltd (Holding Company for Bank of 
St. Lucia); and St. Lucia El ectricity Services Ltd. WT/TPR/S/299 • OECS-WTO Members 
 
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  is the Eastern Caribbean Central Securities Registry (ECCSR). Its responsibilities include: 
facilitating share transfers; recording the issu ance of shares; maintaining the records of the 
owners of securities on behalf of issuers; processing corporate actions; and issuing proxy announcements/voting on corporate issues. 
4.49.  To buy or sell securities in the ECSE, it is necessary to establish an account with a licensed 
intermediary, also termed as a broker-dealer fi rm. Potential investors may also access the ECSE 
through other market intermediaries, including limited service brokers, financial advisers, and 
custodians.
12 All except financial advisors must be licensed as firms. The financial adviser may be 
an individual. To participate on the ECSE, brok er/dealers must satisfy a minimum total capital 
requirement of EC$1 million. In addition, the interm ediary must meet a net capital requirement of 
at least EC$250,000 in cash or readily marketab le securities. The net capital requirement is 
directly proportional to the volume of securities activity. Limited service brokers must satisfy a 
minimum total capital requirement of EC$250,000 as well as a net capital requirement of at least 
EC$125,000. The net capital requirement is also dire ctly proportional to the volume of securities 
activity. As at January 2014, there were six authorized broker dealers: ABI Bank (Antigua and 
Barbuda); Bank of St Vincent and the Grenadines Ltd.; Bank of Nevis; St. Kitts Nevis Anguilla National Bank; ECFH Global Investment Solutions Limited; and First Citizens Investment Services 
Limited (both from St. Lucia). In case of purchase, it is necessary to give the broker dealer the 
whole amount of the transaction.  
4.3.4  Transport 4.3.4.1  Air transport 
4.50.  Air transport is a vital sector for the econ omies of the OECS WTO members, both because it 
is the main communication channel between islands and because it is crucial in supporting the tourism sector, on which most OECS Members rely. All OECS-WTO Members have international 
airports, and four of them (Antigua and Barbuda, Grenada, St. Kitts and Nevis, and St. Lucia) have 
regular intercontinental flights. The main hub in the OECS is the V.C. Bird International Airport in Antigua, and its expansion is expected to reinforce Antigua's role as a hub. The completion of 
Argyle International Airport in St. Vincent, currently under construction, is expected to greatly 
improve its international air links. 
4.51.  Air transport policy is coordinated and set at the regional level by the OECS Civil Aviation 
Regulatory Board, comprising the respective OE CS Ministers responsible for civil aviation. The 
Board formulates and manages aviation policy and reviews aviation laws and regulations within the 
OECS. The Directorate of Civil Aviation of the Eastern Caribbean States, which operates under the direction of the Regulatory Board, provides safety  and security oversight. The Directorate is in 
charge of ensuring that all civil aviation activi ties in OECS-ICAO contracting parties (all OECS 
countries except for Dominica) are in accordance with the applicable ICAO annexes.   
4.52.  Civil aviation legislation is standardized across the OECS. The legislation in each OECS 
Member is its respective civil aviation law and the corresponding regulations; the current laws 
were promulgated between 2003 and 2005. Despite regional policy coordination, air transport licences are granted at the national level. The domestic authorities responsible for air transport are in charge of granting these licences. Each Civil Aviation Act specifies the criteria to be considered 
in the granting of an air transport licence: the ex istence of other air services; the need/demand for 
the proposed service; and any unfair advantage of the applicant over other operators by reason of 
the terms of employment of persons employed. Consid eration is given to whether the airline is fit, 
willing, and able to operate the service, as well to  its safety, continuity, regularity, and efficiency 
record, its financial resources, and the type of aircraft to be used. 
                                               
12 Limited service brokers are authorized to handle all the functions necessary for securities trading, 
including: funds collection; securiti es ownership verification; order plac ement and settlement for securities 
transactions. Limited service brokers fa cilitate transactions for investors but are not allowed to give advice or 
hold money on their behalf, except for settling transactions. Broker/deale rs provide the following additional 
services: study market fluc tuations; evaluate new products; provide investment advice; conduct trading 
services; keep records of their clients'  holdings; set up and maintain accounts on behalf of their clients; help 
companies go public; and dete rmine the best method and time to issue securities. WT/TPR/S/299 • OECS-WTO Members 
 
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  4.53.  LIAT, the main regional carrier, is incorporated in Antigua and Barbuda. St. Vincent and the 
Grenadines has two domestically incorporated airlines: SVG Air and Mustique Air, while in St. Lucia one airline, Inter-Caribbean Express, offers charter flights to the Grenadines. There are no domestically incorporated airlines in Dominica, Grenada, or St. Kitts and Nevis.  
4.54.  Foreign investment in domestically incorporated - carriers is unrestricted in all OECS 
countries. Cabotage is not restricted in Antigua and Barbuda. In St. Vincent and the Grenadines 
and Grenada, cabotage is restricted to local carri ers, which is now understood to be OECS carriers. 
4.55.  All commercial airports in OECS Members are government-owned and there are no plans to 
privatize them. Local authorities provide all airport management and auxiliary services in each country, with the exception of ground-handling services, which are provided by private local companies. 
4.56.  Aviation agreements with third parties are negotiated through bilateral and regional 
channels. Several OECS Members have bilateral agreements. CARICOM has a Multilateral Transport Agreement. 
4.3.4.2  Maritime transport 
4.57.  Maritime transport is also of major impo rtance to the OECS-WTO Members, since the vast 
majority of OECS cargo trade is transported by sea. Even after the formation of the Economic 
Union, maritime transport policy continues to be formulated and implemented at the national level. 
Antigua and Barbuda, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines made commitments in maritime transport under the GATS, while no commitments were made by other OECS Members. 
4.58.  All OECS Members set conditions to foreign ownership of domestically flagged vessels. In 
St. Lucia and Antigua and Barbuda, St. Kitts and Nevis, and St. Vincent and the Grenadines, a locally incorporated company must be established to be eligible to fly the domestic flag. In 
St. Vincent and the Grenadines the companies' ma in office must also be in the country. In 
Grenada, a foreign company wishing to register a vessel under the national flag must establish a company with its head office in Grenada and the majority ownership of the company must be in 
the hands of Grenadian/OECS citizens. No information is available on the situation in Dominica. 
4.59.  None of the OECS Members applies restrictions on international passenger and cargo 
maritime transport services. However, all except St. Kitts and Nevis restrict cabotage to domestically (OECS) flagged ships. In St. Vincent and the Grenadines, it is also necessary to 
obtain a trading licence. No government or othe r cargos are reserved for domestically flagged 
vessels or for ships owned or operated by the Government. 
4.60.  Commercial ports are government-owned and are generally managed by a state-owned port 
authority in each country. The authorities in St. Lucia, St. Kitts and Nevis, and Dominica have 
responsibility for air and sea ports. Domestic legislation does not forbid contracting out port services to the private sector, including to foreign companies. In practice, however, private sector 
participation is limited. 
4.61.  All OECS-WTO Members, with the except ion of St. Lucia and Grenada, maintain an 
international ships' registry. Ships registered under  the respective national flags are subject to a 
number of fees, some of which vary according to the size of the vessel. 
4.3.5  Tourism 
4.62.  All OECS Members made commitments in their GATS Schedule of Specific Commitments 
with respect to hotel development. The schedules generally bound market access for the 
development of hotels in excess of 50 rooms, subject to alien landholding and exchange control 
regulations. Hotel developments of less than 50 rooms (100 in St. Lucia) remained unbound and access is subject to an economic needs test. In all OECS countries, national treatment was bound 
for commercial presence, but subject to the paymen t of a withholding tax. In some cases, other 
restrictions were scheduled: in St. Kitts and Nevis, for example, ownership of non-ethnic WT/TPR/S/299 • OECS-WTO Members 
 
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  restaurants was reserved for nationals. St. Vincent and the Grenadines made commitments with 
respect to travel agencies and tour operators, and tourist guide services. 
4.63.  In most OECS-WTO Members, tourism accounts for a large percentage of GDP, directly and 
indirectly. Although hotels and restaurants generally represent around 5-6% of GDP, there are 
important spill-over effects from tourism on construction, distribution services, electricity, 
agriculture, and manufacturing. Tourism arrivals and receipts were severely affected by the global 
economic crisis. The main sources of stay-over tourists to the OECS remain Caribbean countries, 
the United States, the United Kingdom, and Canada. In the context of this Review, several OECS 
countries expressed their wish to diversify the sector, away from the cruise industry, and more towards developing higher value-added activities, including the higher end of market stay-overs and development of the yachting industry. 
4.64.  Tourism policy is formulated at the country  level. Overall responsibility for the formulation 
and implementation of tourism policy lies with the respective minister in charge of tourism. Marketing and promotion activities are generally carried out by tourism authorities or boards. 
Licences to run hotels and guest houses are granted by the minister responsible for finance or 
tourism, depending on the country. Private sector associations are also active in each country. 
4.65.   The Government of St. Kitts and Nevis offers fiscal incentives to encourage the construction 
or renovation of hotels. The Hotels Aid (Amendment) Act (1998) provides for the granting of 
licences to import building materials and hotel equipment free of customs duties or benefiting from duty drawback for the construction or renovation of a hotel. St. Kitts and Nevis also provides corporate income tax breaks for the construction or extension of hotels, as included in the Income 
Tax Act No. 17 of 1966.  
4.66.  All OECS Members offer fiscal incentives for hotel development. These incentives include 
exemptions from customs duties and other taxes on imports, generally under the respective Hotels 
Aid Acts, as well as corporate income tax exemptions. Some of these laws are currently in the 
process of being reviewed. The maximum period for corporate income tax exemptions varies from 10 to 25 years depending on the country, and longer tax breaks are generally available for larger 
projects. No information was available on the revenue forgone as a result of these benefits. 
4.67.  Apart from applying the VAT to tourism services, all OECS Members raise a number of 
tourism-related taxes, including on hotels and restaurants, on airline carriers, cruise-ship passengers, and passengers leaving the country.   
4.3.6  Professional services 
4.68.  Only Antigua and Barbuda undertook specif ic commitments under the GATS on professional 
services. These were: legal services (only for consulting in the home law of the service provider, 
and international law); accounting, auditing and book-keeping services; taxation services; 
architectural services; engineering services; and medical services. 
4.69.  The OECS countries have different regimes for professional services. In some, certain 
professions or professional services are regulated by specific laws while in others, most 
professional services are unregulated and profe ssions are either auto-regulated or unregulated. 
There are no provisions that reserve the exercise of  a particular professional service exclusively for 
nationals. None of the OECS Members have signed  mutual recognition agreements on professional 
services. 
4.70.  During the period under review, the CARICOM Secretariat continued efforts towards regional 
service sector development, to give effect to requ irements of Chapter III of the Revised Treaty of 
Chaguaramas. Six versions of a draft model pr ofessionals bill have been developed at the 
CARICOM level since 2003, the lastest in 2010. The model bill is intended to serve as a basis for the member states to enact legislation for the various professions and make amendments where 
legislation already exists. The bill consists of six parts dealing with: (a) interpretation and 
definitions, in which the concept of CARICOM national is defined; (b) the establishment of a council; (c) the requirements and procedures for registration and licensing; (d) discipline; (e) offences and penalties; and (f) miscellaneous provisions. The legislation once enacted should: 
(a) facilitate the free movement of professionals across CARICOM; (b) maintain high standards of WT/TPR/S/299 • OECS-WTO Members 
 
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  service delivery in the CSME; and (c) enhance the international competitiveness of regional 
professionals. Consultations have been undertaken on  the draft bill with representatives of medical 
practitioners, pharmacists, veterinarians, nur ses and midwives, engineers, architects, and 
management consultants, both at the national and regional level. However, no agreement has 
been reached at the regional level, mainly on account of some contentious issues, such as the 
movement of service providers.   
4.71.  Under the Caribbean Community Skilled Nationals Act, No. 12, 1997, a regional initiative to 
enhance the free movement of skilled persons, CARICOM nationals who are university graduates 
may enter and work in another CARICOM State without the need for a work permit. All OECS Members have enacted the law. All OECS Members are also contracting parties to the CARICOM Agreement Establishing the Council of Legal Education, by which any person holding a Legal 
Education Certificate from one CARICOM country/territory is considered to fulfil the training 
requirements for practice in another. 
4.3.7  Other offshore services 
4.72.  Most OECS Members have legislation regulating the operation of international business 
companies (IBCs). However, as reported in the previous Review of the OECS Members, there is only limited information on the number of registered IBCs and the contribution of their activities to 
employment, investment, and government revenue.  
4.73.  The registration and licensing of IBCs is  generally regulated by an International Business 
Corporation Act (with the exception of St. Kitts and Nevis, where it is regulated by the Companies Act, 1996 in St. Kitts, and by the Nevis Business Corporation Ordinance, 1984 in Nevis). The IBC 
Act, in the countries where it is implemented, is distinct from the Companies Act, which applies to 
on-shore enterprises.   
4.74.  In general terms, IBCs are free to invest in the local economy only to the extent that the 
investment relates to the development of their bu siness and the delivery of the services offered. 
Their officers and directors may be of any nation ality and may reside anywhere; the identity of 
their shareholders is not required to be filed in any public record. Corporate records may be kept 
anywhere in the world. IBCs are granted a wide range of benefits, including exemption from all 
local taxes, duties, and other similar charges. WT/TPR/S/299 • OECS-WTO Members 
 
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CARICOM Secretariat (2008), CARIFORUM-EU Economic Partnership Agreement: An Overview , 
Information Paper, July. Viewed at: 
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ew.pdf . 
 
DaCosta, Michael, Kari Grenade, and Tracy Polius (2012), The Caribbean: Rethinking Policy 
Frameworks in the wake of the Recent Financial Failures . Viewed at: 
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0the%20wake%20of%20financial%20failures_DaCosta%20Grenade%20&%20Polius.pdf . 
 
ECCB (2013), Annual Report 2012-2013 . Viewed at: http://www.eccb-
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ECTEL (2014), Annual Sector Review 2012-2013 . Viewed at: 
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European Commission (2008), CARIFORUM-EC EPA: Trade in Goods , October. Viewed at: 
http://trade.ec.europa.eu/doclib/docs/2008/october/tradoc_140975.pdf . 
 
European Commission (2012), The CARIFORUM-EU Economic Partnership Agreement (EPA) - A 
new partnership for trade and development Factsheet: How the EU is putting the EPA into practice , 
April. Viewed at: http://trade.ec.europa.eu/doclib/docs/2012/april/tradoc_149286.pdf . 
 
OECS Secretariat (2008), The OECS: Deepening and Strengthening Integration Through an 
Economic Union. Frequently Asked Questions (FAQs) . Viewed at: 
http://www.oecs.org/publications/cat_view/136-economic-union .