WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO WT/TPR/M/151/Add.2 
2 November 2005 
 (05-5162) 
Trade Policy Review Body 
14 and 16 September 2005 Original:  English/ 
                 anglais/                  inglés 
  
TRADE POLICY REVIEW 
TRINIDAD AND TOBAGO 
Minutes of Meeting
 
Addendum  
Chairperson:  H.E. Mr. Don Stephenson (Canada) 
 This document contains the advance written qu estions, and replies provided by Trinidad and 
Tobago.1 
__________________________________________________________________________________  
Organe d'examen des politiques commerciales 
14 et 16 septembre 2005 
 
EXAMEN DES POLITIQUES COMMERCIALES 
TRINITÉ-ET-TOBAGO 
Compte rendu de la réunion
 
Addendum  
Présidente:  S.E.  M. Don Stephenson (Canada) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses fournies par Trinité-et-Tobago.
1 
__________________________________________________________________________________ 
 
Órgano de Examen de las Políticas Comerciales 
14 y 16 de septiembre 2005  
EXAMEN DE LAS POLÍTICAS COMERCIALES 
TRINIDAD Y TABAGO 
Acta de la reunión
 
Addendum  
Presidente:  Excmo. Sr. Don Stephenson (Canadá) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por Trinidad y Tabago.1 
                                                      
1 In English only./En anglais seulement./En inglés solamente.          WT/TPR/M/151/Add.2 
Page 3 
 
 
ADVANCE WRITTEN QUESTIONS BY MEMBERS AND 
REPLIES PROVIDED BY TRINIDAD AND TOBAGO 
 
JAPAN  
1. (Page 92, paragraph 76, re f. Page x, paragraph 21) 
 
Japan recognizes that it will highly contribute to en hancing the competitiveness of the manufacturing 
sector to advance the efficiency of distribution services.   Please indicate the specific measures taken by 
the Government of Trinidad and Tobago fo r the liberalization of distribution services. 
 Trinidad and Tobago agrees that efficiency in  the distribution sector will contribute to the 
competitiveness of the manufacturing sector.  The Government currently views the operation of 
the sector to be an important component of its development plans.  There is no legislation governing this sector and in practice, the sector is substantially open. 
 
2. (Page 92, paragraph 76)  Concerning trade in services, such measures as the visa and immigration system are important factors for the movement of natural persons.  In this  regard, please answer the following questions: 
 
(a) What are the procedures for a natural person who provides service as a worker to enter into 
 Trinidad and Tobago and to start his/her j ob, including the procedures for obtaining work 
 permission, application for a visa and immigration control?  (b) How is the skill of a worker entering into Trinidad and Tobago reviewed in the procedure 
 raised in (a)? 
 (c) How does each procedure raised in (a) and (b) d eal with transparency?  Is the reason for refusal 
 notified to the applicant in each procedure?  (a) Procedures for Visa applicat ion and Work Permits for Foreigners 
 
All persons are allowed the facility of a thirty (30) days waiver of a work permit once in any 
twelve (12) consecutive months.  Stays of more than thirty days require a work permit.  The work permit requirement therefore applies to all, if the required period for supplying the service is 
more than 30 days. 
With respect to visa requirements, for some count ries there are no visa re quirements for persons 
to enter Trinidad and Tobago to supply a service (Visa Waiver Agreement).  Separate regimes exist for work permits and visas. The Diplomatic Missions abroad, Ministry of Foreign Affairs and the Immigration Department 
administer visas. 
 The Ministry of National Security administers wo rk permits.  An application for a work permit 
must be submitted to the Ministry of National Security in Trinidad.  
The following general requirements apply: 
• Every person (including minors) seeking admission at a port of entry into Trinidad and 
Tobago must be in possession of a valid travel document or passport. WT/TPR/M/151/Add.2 
Page 4  
 
• A person who is not a citizen or a resident of Trinidad and Tobago must be in possession 
of a valid return ticket to his/her homeland or country of residence or a security deposit 
or bond as required by the Chief Immigration Officer. 
• A person who is not a citizen or a resident of Trinidad and Tobago must be in possession 
of sufficient funds for his/her upkeep during his/her stay in Trinidad and Tobago. 
• A person who is neither a citizen nor a resident of Trinidad and Tobago must provide a 
proper local address. 
• A person who is neither a citizen nor resident of Trinidad and Tobago and who is a 
citizen of a country that requires a visa for entry into Trinidad and Tobago must be in 
possession of such. 
• Every person seeking admission to Trinidad an d Tobago on arrival must complete an 
Immigration E/D Card (Form 1). 
Landing Bond
 
A person seeking admission to Trinidad and Tobago other than as a tourist or visitor must be in 
possession of one of the following documents, subj ect to the purpose of the visit and must provide 
a security deposit or landing bond: 
• Work Permit 
• Student Permit 
• Missionary Permit 
• Minister's Permit 
• Certificate of Recognition of Caribbean Community (CARICOM) Skills Qualification. 
 
Work Permits  
 The following rules apply: 
• Citizens and Residents of Trinidad and Tobago do not require Work Permits. 
• Holders of Certificates of Recognition of Caribbean Community (CARICOM) Skills 
Qualification issued in Trinidad and Tobago do not require Work Permits, provided 
their status is certified by Immigration. 
• Non-citizens and non-residents of Trinidad and Tobago wishing to work or engage in 
work-related activities whether paid or unpaid in Trinidad and Tobago require Work 
Permits. 
• Persons entering Trinidad and Tobago for pur pose of work or work-related activities 
may enter for such purposes without producing a Work Permit provided the period of 
stay for that specific purpose is not more than thirty (30) days.  This facility is only applicable once in any twelve (12) consecutive months. 
• A Work Permit when issued is specific to a particular person for a specified period of 
time and for attachment to a particular company or institution as mentioned therein. 
• An application for a Work Permit may be made  on behalf of an individual by a company 
based in Trinidad and Tobago wishing to employ such person or by an appointed 
attorney in Trinidad and Tobago or an appointed company in Trinidad and Tobago 
acting on behalf of a foreign company.          WT/TPR/M/151/Add.2 
Page 5 
 
 
Work Permit Procedure  
• An application for a Work Permit must be subm itted to the Ministry of National Security 
on the prescribed form 3.  One (1) Original form and seven (7) copies must be submitted, 
and is subject to the approval of the Minister. 
• Application forms are obtained from the G overnment Printery at a cost of TT$1.15. 
• The application fee is $TT600.00.  The Certif icate fee is $TT450.00 per month, subject to 
a minimum amount of $TT1,350.00. 
 
Visa application procedure 
• An application for an entry visa must be submitted to a Trinidad and Tobago Mission 
abroad or where there is no Trinidad a nd Tobago Office, to a British Embassy or 
Consulate in a non-Commonwealth country. 
• An application for an entry visa may be made  at an Immigration Office in Trinidad and 
Tobago in cases where there is no Trinidad  and Tobago Office available abroad. 
• An application for an entry visa must be on the prescribed form. 
• An Entry Visa when issued must be endorsed in the applicant’s passport. 
 Requirements for Visa Application:
 
• Completed Visa Application Form 
• Valid Passport or Travel Document 
• One (1) Photo (full front view of face) 
• Reason for visit to Trinidad and Tobago 
• Letter of invitation from host in Trinidad and Tobago or a letter from a business 
company, as applicable 
• Proper Local Address 
• Sufficient funds for upkeep during stay 
• Proof of Valid Return Ticket. 
 Entry Visa Waiver
 
Citizens of the following countries do not requi re entry visas to enter Trinidad and Tobago: 
• CARICOM COUNTRIES, except Haiti. 
• EUROPEAN UNION (EU) COUNTRIES, except the following: 
Czech Republic, Hungary, Lithuania, Slovak ia, Estonia, Latvia, Poland and Slovenia 
• BRITISH COMMONWEALTH COUNTRIES, except the following: 
 Australia, India, New Zealand, Papua New Guinea, Sri Lanka, Uganda, Cameroon, 
 Mozambique, Nigeria; South Africa and Tanzania 
Of the exceptions mentioned above who require entry visas, a waiver of the visa may be issued on 
arrival in Trinidad and Tobago to those persons on application, in respect of Australia, New Zealand and South Africa.  The others may appl y provided they obtain preliminary approval 
from the Immigration Division. 
 WT/TPR/M/151/Add.2 
Page 6  
 
Citizens of the following countries must be in possession of entry visas to enter Trinidad and 
Tobago and shall not be eligible for waiver of entry visas: 
• Albania, Croatia, Peoples Republic of China, Serbia-Montenegro, Democratic Republic 
of Korea (North Korea), Bosnia/Her zegovina, Cuba, Macedonia and Vietnam 
Citizens of countries not mentioned above re quire entry visas for Trinidad and Tobago.  
However those citizens may apply on arrival fo r a waiver of the entry visa, subject to prior 
approval from the Immigration Division. 
 
(b) Review of Skill levels of foreign workers 
The foreign worker’s level of skill is a criterion for granting of the work permit.  For 
Professionals, membership in the local associat ion is a requirement for obtaining the Work 
permit.  The relevant Professional Associations e. g. Medical Association, Legal Association etc, 
therefore assists in assessing th e skills of foreign workers.  
 (c) Transparency in Visa and Work Permit Procedures  
The procedures at question (a) are posted on th e Trinidad and Tobago Immigration Division’s 
website (http://www.immigration.gov.tt/) as well as on the website of every Overseas Mission of Trinidad and Tobago to ensure transparency.  
3. (Page 92, paragraph 77)  
Concerning the liberalization of maritime transpor t services, please indicate the specific measures by 
the Government of Trinidad and Tobago.  In particular, please indicate the specific views of the 
Government of Trinidad and Tobago on the model schedule on maritime transport services.  
 In keeping with the objective to be a trans- shipment hub, Trinidad and Tobago has made the 
commitments in Maritime transport services in th e areas of ship surveys; dry docking; ship 
repairs; boat building and ship management/freig ht and transportation; and navigation aid and 
communications/meteorological services. Trinidad a nd Tobago has also made initial offers in the 
areas of passenger transportation by ferries; transportation of bulk liquids or gases; and in 
supporting services for maritime transport.  Initial offers have also been made in the training of 
seafarers and marina services. 
Trinidad and Tobago has examined the Model Schedule on Maritime Transport Services and 
given this country’s stated policy to be the co mmercial, transhipment and financial hub of the 
Region it recognizes the benefits of having an appropriate classification system for pursuing the liberalization of maritime services.  We believe that the model schedule on maritime services 
provides an invaluable template to be used in further considering the liberalization of the 
maritime services sector.  We continue to hold consultations with the rel evant domestic stakeholders on the Schedule to 
ensure that the elements of this schedule are in  sync with the sub-sector’s developmental plans 
and programmes.  
 
ARGENTINA
 
 
1. In paragraph 57, page 41, the Secretaria t report indicates that according to the VAT Law 
No. 37 of 1989, this tax is applied to the major ity of the goods and services, but some products and 
services benefit from the exemption of the aforem entioned tax.  The report refers only to some          WT/TPR/M/151/Add.2 
Page 7 
 
 
products.  Would Trinidad and Tobago specify othe r products that benefit fr om this exemption in 
addition to those stated in paragraph 57? 
 
In addition to the items listed in the Secretaria t’s Report the following items are also exempt 
from VAT: 
 
 Wheel chairs, prescription spectacles including contact lenses 
 Specialised health care equipment, co mputer equipment, software and accessories 
 Salted fish and basic toiletries 
 
2. In paragraph 105, page 52 th e Secretariat report mentions that there is an initiative called the 
“National Bio-safety Project” where a regulatory re gime is spoken of, a system for managing the 
notifications or the authorization requests in rela tion to certain activities such as the introduction of 
genetically modified organism s. Can T&T give more detail about the bio-safety initiative? 
 In September 2000 the Government of Trinid ad and Tobago established a Committee for the 
Development of a National Policy and Regulations on Biosafety.  The Committee has been charged with the responsi bility of developing this initiative and has 
been tasked with the following:  
a. Development of a clearinghouse facility to accommodate the flow of information in 
and out of Trinidad and Tobago on GMOs 
b. Establishment of technical teams to liai se with the various organizations dealing 
with the issue of GMOs 
c. Development of mechanisms to regulate res earch on GMOs and the evaluation and 
monitoring thereof 
d. Develop a national policy on Biosafety, with recommendations for relevant 
legislation 
e. Collaborate with UWI and other research inst itutions on a working paper on GMOs 
f. Develop mechanisms whereby the Environmental Management Authority can be 
designated the enforcement agency for policies on GMOs and the agency for 
monitoring the work of all agencies a nd organizations that are engaged in the 
production of GMOs in T&T;  and 
g. Ensure that there is a sufficient level of public awareness on the issue of GMOs in 
Trinidad and Tobago 
 
At present, the Committee is in the final stages of developing a draft National Biosafety Policy 
which will include General Policy Statements, Legislation and Specific Sub-Sector Guidelines as well as the Precautionary Approach.  There have  been several public consultations to obtain 
feedback from the national population on the national vision for biosafety.  
3. In paragraph 197, page  70, the Secretariat Report indicates th at in some of the sectors the laws 
of TnT provide wider protection than was anticipat ed by the TRIPS agreement.  According to the 
Memorandum of Understanding between  the governments of T&T and U.S. subscribed in 1994, it was 
agreed to provide protection on Intellectual Property Right s equal to that of the U.S. in two years.  Can 
TnT indicate what results were obtained by ap plying the Memorandum of Understanding between 
government of T&T and U.S. and what are the possible benefits? 
 
The MOU between Trinidad and Tobago and the U.S.  was entered into in order to promote close 
and productive economic and other non-economic rel ations and in an effort to facilitate the 
expansion of trade on a non-discriminatory basi s.  While the MOU provides a slightly broader 
scope of protection than is required by the TRIPS Agreement, it should be noted that the areas 
broadened were in the mutual interest of both parties. WT/TPR/M/151/Add.2 
Page 8  
 
There are no studies that can directly identify bene fits of the MOU with the USA to Trinidad and 
Tobago but we believe that it has provided intrinsic benefits.  In that it has served to signal to foreign direct investors that Trinidad and To bago is aware of the importance of intellectual 
property to their knowledge-based industries.  Th is has served to improve the investment climate 
of Trinidad and Tobago to potential foreign  investors, particularly U.S. investors. 
 
4. Paragraph 210 page 72, of the Secretariat report re fers to the protection of computer programs.  
Would TnT be able to indicate how it defines “a de rivative work” in its domestic legislation and what 
is the scope of protection granted?  
Under the Copyright Act, 1997 (Section 6-1), no definition is given of “derivative works”.  
However, the following are illustrati ve of derivative works, namely: 
 
 (a) translations, adaptations, arrang ements and other transformations or 
modifications of works; 
 (b) collections of works and collections of  mere data (data bases), whether in machine 
 readable or other form , provided that su ch collections are original by reason of 
 the selection, co-ordination or arrangement of their contents;  and 
 (c) works of mas. 
 
Section 3 of the Copyright Act, 1997 defines wh at a computer program is and Section 5(1)(a) 
includes computer programs under works in whic h copyright subsists.  Section 6 covers 
derivative works which do not include comput er programs but include collections of data. 
 Derivative works enjoy the same protection as ot her works of copyright, that is, copyright 
protection is for the life of the author plus 50 years - Section 19 of the Act.  
5. In paragraph 219 page 74, the Secretariat rep ort indicates that according to the Common 
Law, the holder of the law has valid rights to  suspect that the importation of merchandise 
infringes on some intellectual property rights for which the holder in turn can then request a 
court hearing or a court order so that the customs authorities can suspend the release of the merchandise for circulation.  Can TnT indicate what guarantees are given to the importer whose 
goods were found to  be under suspicion of violating some intellectual property rights, which 
consequently delayed release from Customs?  On what basis are there grounds for suspicion so 
that such a measure be adopted, in the event that it were to exist?  For goods to be found suspect of violating some intellectual property rights and to be consequently detained, the evidence would us ually follow product-specific guidelines (e.g. 
invisible and visible security markin gs, colours, shapes and languages). 
 Under Section 5(1) of the Copyright (Customs) Regulations the process to detain suspected 
infringing goods requires that notice be given to  the Comptroller of Customs and Excise by an 
aggrieved party bringing the action.  Such notice must include the furnishing of such evidence 
and information in support of the notice.  This will include a sufficiently detailed description of 
the published work or sound recording in respect of which copyright or neighbouring rights 
subsist, together where appropriate with a sample of such work or sound recording. 
 Given the above, the importer is therefore guaranteed that the legislation, under which the process is undertaken, should it occur, is a transp arent one.  He has legal recourse in the event of 
a wrongful accusation. 
 6. In paragraph 220, page 74, the Secretariat report indicates that the Trade Marks Act still 
hasn’t been regulated.  Can TnT indicate when it  intends to implement the necessary regulations          WT/TPR/M/151/Add.2 
Page 9 
 
 
so that the application of border measures with  respect to the trade names operates in a short 
period of time ? 
 Additional sections to the existing regulations are currently being drafted.  A draft Trademarks 
Bill has been drafted and circulated for public comm ent.  A final draft is expected by 2006 with 
attendant regulations.  
However there is a general provision with respect  to prohibition and restriction of goods under 
Section 213 of the Customs Act, under which the Customs can act.  
7. In paragraph 76, page 47, the Secretariat report refers to the TnT list within the framework of 
the GATS in respect of horizontal limitations of  Market Access for Mode 4 (movement of natural 
persons).  Can TnT indicate if it contemplates in the future, the possibility of granting work permits 
through a more general framework instead of a case- by-case basis?  Will T&T consider the possibility 
of increasing the percentage of share capital that can be acquired by foreigners? 
 
Under the new Investment Promotion legislation it is envisaged that there be a broadening of the 
work permit arrangements to facilitate persons seeking to invest and establish a business in 
Trinidad and Tobago.  Also, consideration is be ing given to widening the category of persons 
allowed entry under the work permit regime.  It is to be noted that under the Bilateral 
Investment Treaties with a number of countries  the work permit requirement for investors and 
their senior staff are more liberalised. 
 With respect to commercial presence, the acquisition  of over 30% of the equity of publicly traded 
companies currently is subject to approval by th e relevant Government authority.  Given the 
dispensation to attracting investment and the progressive liberalization programme being 
pursued by the Government of Trinidad and Tobago, consideration is being given to allowing 
foreigners to acquire increased percentages of equity of a publicly traded company. 
 CANADA
 
 
1. The Secretariat Report states that new investment  legislation is being prepared by Trinidad and 
Tobago.  Could Trinidad and Tobago highlight some  of the elements of this new legislation? 
 
Trinidad and Tobago is in the process of drafting  a new investment policy which it is envisaged 
will go beyond addressing the identified inadequacies of the Foreign Investment Act, 1990.  The aim is to develop a more investment-friendly environment for both domestic and foreign 
investments.  The new investment regime will continue to place priority on stimulating 
entrepreneurship, increasing industrial expansio n and services, as well as the promotion and 
diversification of exports.  The dual mechanisms  for achieving these aims include the attraction 
of foreign investment and the stimulation and en couragement of domestic investment.  It is 
firmly believed that increased investments, aided by the requisite conducive framework, will maximize the effective utilization of econo mic resources and improve living standards. 
 
Proposed Changes to the legislation include:  
 The new legislation will identify agencies with the clear responsibility for promoting and 
facilitating investments, depending on the nature of the investments. 
 An investor can acquire up to 100% sharehol ding in a company without the need of 
obtaining a license as opposed to the curren t restriction where an investor can only 
acquire more than 30% in the ownership of a private or public company if he gets a 
license 
 There will be a comprehensive list of the incentives available to investors WT/TPR/M/151/Add.2 
Page 10  
 
 There will be no restrictions on transfers ot her than where it is necessary in the public 
interest 
 Provisions dealing with expropriation will now be included in the legislation 
 Provisions will be included to provide for treating with dispute settlement 
 A more liberal treatment of work permit requirem ents for investors and their senior staff  
 Clear, predictable and transparent rules for investment are stated. 
 
2. The Secretariat Report indicates that Trinidad  and Tobago provide vari ous tax-related incentive 
schemes directed at local and foreign investors alik e. Some of these schemes include domestic-content 
requirements.  Could Trinidad and Tobago clarify how those tax-related incentives linked to domestic 
content requirements are consistent with the WTO Agreement on Trade Related Aspects of Investment 
Measures?  
Local content under TRIMS is a defined term.  It connotes a definite requirement or imposition.  
Trinidad and Tobago has no local content requirement for tax related incentives. 
 
Under the Fiscal Incentives Act, local value adde d is one of the criteria for the provision of 
incentives to an investor, domestic or foreign.  Ho wever, it is not mandatory.  Since it is merely 
one of the criteria, the investor could still qualif y for the incentive, notwithstanding the level of 
local value added. 
 3. To December 31, 2004, Trinidad and Toba go made thirty notifications under the WTO 
Agreement on Technical Barriers to Trade (G/TBT/15) , which is, in our view, a strong record for a 
small economy with a limited number of  regulations.  Seven of these notif ications were made in 2004.  
We note that each of the seven notifications was accompanied by a comment period of less than 45 
days, when the recommended minimum period is 60 days.  We would ask Trinidad and Tobago to 
explain this discrepancy. 
 
This has been noted.  In this regard, Trinidad  and Tobago has put measures in place in keeping 
with the code of good practice of the WTO/TBT Agreement. 
 
4. Canada notes that the Trinidad and Tobago Bu reau of Standards (TTBS) performs, inter alia, 
accreditation, testing and certification.  What measur es exist to ensure that the accreditation function is 
independent from the conformity assessment function? 
 
While the TTBS has overall responsibility for a ccreditation, testing and certification at the 
national level, each core function is organised and staffed as a separate unit within the Bureau.  
This is to ensure that the accreditation function  is independent from the conformity assessment 
function.  
5. As a regulatory body, has TTBS considered utilizing the services of accredited private 
conformity assessment bodies to test against mandatory standards issued by TTBS?  Has TTBS considered the potential benefits from the use of th is approach, including greater transparency and 
assurance of independence from the regulator as a standards developer? 
 
TTBS will utilize the services of accredited privat e conformity assessment bodies to test against 
its mandatory standards when th ey become available.  The Labo ratory Accreditation Scheme, 
when it comes on stream will be accrediting more  laboratories.  The Laboratory Accreditation 
Scheme is currently strengthening six local laboratories under an IDB/MIF Project.  
6. Does Trinidad and Tobago recognize foreign certification bodies to certify to its mandatory 
certification requirements for such things as electrical  safety?  Alternatively, is certification to, for 
example, Canadian requirements accepted as equivalent?           WT/TPR/M/151/Add.2 
Page 11 
 
 
TTBS recognizes the reports and certification mark s of foreign accredited conformity assessment 
bodies when presented including, the Canadian CSA certification mark denoting electrical safety.  
 
7. Canada notes that, as of December 2004, 51 CARICOM standards existed; however, Trinidad 
and Tobago has maintained mostly national standard s rather than adopting these regional standards.  
We would ask Trinidad and Tobago to explain th e discrepancy between national standards and those 
developed by the CARICOM Regional Organization for Standards and Quality (CROSQ). Are there 
plans to withdraw conflicting national standards and to adopt regional st andards developed by 
CROSQ?  Is there a program in place for this process, if it exists? 
 
CARICOM Regional standards are being develope d by CROSQ.  These dr aft regional standards 
then require the approval of the Council for Tr ade and Economic Development (COTED), before 
they can be adopted.  As CROSQ is a new organ ization, the procedures are now being worked 
out and the regional standards have not been appr oved.  As a consequence, Trinidad and Tobago 
continues to use its own standards.  However,  when Regional Standards receive the required 
approvals, they will be adopted by Trinidad and Tobago.  It is to be noted that the regional 
standards take into account the nati onal standards that are in effect.  
 
8. Canada notes that Trinidad  and Tobago “introduced protecti on for well-known marks” in 1996.  
Does it also include protection of well-known marks with respect to services? 
 
Yes. 
 
9. Could Trinidad and Tobago please confirm whethe r there are, under its law, statutory civil 
remedies available to trade-mark holders in the event of trade-mark infringement? 
 Yes.  There are civil remedies available to tr ade-mark holders in the event of trade-mark 
infringement  
10. In the context of trademark enforcement,  could Trinidad and Tobago provide a better 
understanding of the circumstances under which criminal prosecution may be resorted to? 
 Section 66 of the Trademarks Act deems the unauthorised use of trademarks to be a criminal offence. 
11. Canada notes that Trinidad and Tobago “int roduced a provision for a utility certificate that 
affords protection to an owner of a useful innovation  who may otherwise be unable to fulfil the criteria 
to obtain a patent“.  However, “the criteria for th e grant of a utility certificate are novelty and industrial 
application“.   Could Trinidad and Tobago provide more information on “utility certificates“?  
 
Utility certificates are equivalent to utility models or “petit patents”.  They differ from patents in 
that they have a shorter duration (10 years) and the criteria of only novelty and industrial 
applicability.  They are intended for the protection of innovations, fad items and inventions that 
may not have sufficient inventive step to be granted a patent.  An application for a utility 
certificate can be converted to a patent applicatio n at any time before grant and vice versa.  Both 
utility certificates and patent applications must contain sufficient disclosure in description and 
drawings, if any.  They must also have exam inable claims.  Utility certificates are just as 
technology neutral as patents and are subject to the same exclusions from patentability and many 
other conditions that apply to patents.  Utility certificates are not subject to the payment of 
annuities to be kept in force. 
 
12. Canada would like to know if compulsory li censing under Patent law is specific in scope and 
duration.  Canada would also like to know whether Trinidad and Tobago’s Patent law includes review 
of the circumstances which led to the granting of a compulsory license. WT/TPR/M/151/Add.2 
Page 12  
 
Section 46 of the Patents Act, 1996 covers non-voluntary licenses granted to supply a patented 
invention predominantly within Trinidad and Tobago.  These are granted by the Court who will take into consideration the conditions which prom pted the application.  Applications can be 
made after 3 years after the date of grant of the patent or 4 years after the date of filing of the patent application.  Attempts must also have  first been made to secure licenses from the 
proprietors on reasonable terms.  The duration of  the non-voluntary license will be for as long as 
those conditions exist and the Court can terminate th e license if it is satisfied those conditions no 
longer prevail or upon application by any interest ed party.  The only limitation is that non-
voluntary licenses may not be granted on pate nts relating to semi-conductors (Miscellaneous 
Amendments Act, 2000). 
 
Section 48 of the Patents Act, 1996 covers State-auth orised use of a patented invention.  Similar 
conditions would prevail concerning duration for the period of time the eliciting conditions 
obtained.  These licenses are not technology limited .  In the event of a national emergency or 
other cases of extreme urgency, the owner of the pa tent will be notified of the decision of the 
responsible Minister as soon as is practicable. 
 
13. Canada notes that the subject matter of protection under the Geographical Indications Act 
“goes beyond appellations of origin.”  Could Trinid ad and Tobago please provide clarification as to the 
meaning of this sentence? 
 
Section 2 of the Geographical Indications Ac t, 1996 gives the definition of “geographical 
indications” as an indication which identifies a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic 
of the good is essentially attributable to its geographical origin.  The definition therefore goes 
beyond “appellation of origin”. 
 14. It appears that, under Trinidad and Tobago’s law, protection for geographical indications is 
further available irrespective of registration.  What kind of protection can be obtained other than by registration and by which means can it be secured?  Through common law?  
Protection under the Geographical Indications Act,  1996 is available regardless of registration in 
Trinidad and Tobago (Section 4).  However, regis tration of a Geographical Indication (GI) under 
Part III of the Act shall, in any proceedings under the Act, raise a presumption that such an indication is a GI within the meaning of Section 2.  
15. Canada notes that criminal sanctions may be imposed in the enforcement of geographical 
indications in Trinidad and Tobago.  Does Trinidad and Tobago also have statutory civil remedies 
available for dealing with infringements relating to  geographical indications?  Could Trinidad and 
Tobago provide more details on the policy rationale justifying criminal sanctions? 
 
Pursuant to Section 7 of the Geographical Indications Act, 1996, anyone who knowingly and with intent to deceive performs any of the acts referred  to in Section 3 is guilty of an offence and is 
liable on summary conviction to a fine of eigh t thousand dollars (TT) and to imprisonment for 
three years.  The policy rationale justifying criminal sanction s may have arisen from the World Intellectual 
Property Organization Model Law on GIs. 
 16. It is stated that the great majority of Trinidad & Tobago's energy production is exported, 
mainly to the United States.  This is particularly  the case with LNG and it is estimated that production 
will almost triple with the construc tion of a fourth plant.  Is it expected that LNG exports to other 
countries will increase and will Trinidad & Tobago seek new markets for its LNG exports? 
          WT/TPR/M/151/Add.2 
Page 13 
 
 
Trinidad and Tobago sells its LNG from the Atlantic LNG Trains 1, 2 and 3 mainly to the USA 
(93% in 2004), and the remainder to Spain a nd Puerto Rico.  The LNG from Train 4 would be 
sold into the USA and Spain.  It is possible that some LNG may also go to the Dominican 
Republic.  
LNG exports to other countries from Train 4 production may be possible based on gas pricing in 
the markets outside of the US.  It is to be no ted that new markets would be sought with any 
further LNG trains.  
17. It is stated that Trinidad & Tobago importe d 22.5 million barrels of crude oil in 2004.  Are 
these imports expected to increase in th e future?  If yes, by what estimate? 
 
Yes.  The importation of crude oil is expected to  increase in 2005.  It is estimated to increase by 
7.5 million barrels of crude oil to approxi mately 30 million barrels of crude oil. 
 
18. The report describes Trinidad and Tobago’s provi sions for the liberalization of services within 
CARICOM as per Chapter 3 of the Revised Treaty of  Chaguaramas.  How will this agreement impact 
Trinidad and Tobago’s GATS commitments?  
The program of work for the removal of restrict ions as provided in Chapter 3 of the Revised 
Treaty of Chaguaramas has been outlined and accepted by CARICOM Ministers of Trade.  
Trinidad has already  implemented its obligations as outlin ed in that program.  With this 
agreement, Trinidad and Tobago is now in a positi on to fully consider the range of commitments 
which it can undertake under the current round of negotiations on trade in Services.  Trinidad and Tobago has already made its initial offer in the WTO, in collaboration with other 
CARICOM states and is considering areas in which that offer can be expanded. 
 19. Canada is pleased to read in the Secretar iat Report that the Telecommunications Act, 2001, 
amended in 2004, is aimed at transforming the industry from a virtual monopoly, in which Telecommunications Services of Trinidad and Toba go Limited (TSTT) is the principal provider of 
telecommunications services, to a competitive environm ent.  The Secretariat Report also mentions that 
TSTT was granted an exclusive license for 20 year s to provide both local and international 
telecommunication services in 1989.  Could Trinidad  and Tobago elaborate on its plans to introduce 
competition in the local and international telecommunication  services markets?  Will competition be 
introduced prior to the end of TSTT’s exclusive license in 2009?  
 
The exclusive license granted to TSTT in 1989 di d not cover the market for mobile services but 
rather landlines.  Therefore, liberalisation began in the market for mobile services, with the 
granting of licenses to two new service providers  in June 2005.  Additional licenses to two (2) 
additional mobile providers, five (5) additional international providers and two (2) additional cable television operators are being considered.  Additionally, an interconnection or sharing rel ationship is being negotiated between TSTT and 
the new providers. 
 
20. The Secretariat Report mentions that no regula tions have been issued with respect to the 
implementation of the Telecommunications Act but notes that a comprehensive new regulatory 
framework is being drafted.  Could Trinidad and Tobago provide Canada with an update of its progress 
in developing a new regulatory framework? 
 
A comprehensive framework is currently being drafted, and the Telecommunications Authority 
is in the final stages of consultation on:  WT/TPR/M/151/Add.2 
Page 14  
 
(i) interconnection regulations; 
(ii) access to facilities regulations; 
(iii) Spectrum Management regulations; 
(iv) Domestic Fixed Telecommunications Networks and Services Providers; 
(v) Domestic Mobile Telecommunications Networks and Services Providers; 
(vi) International Telecommunications Networ ks and Services Providers, Broadcasting 
Services; 
(vii) Spectrum licenses;  and 
(viii) Station licences. 
 
The Authority is expected to deliver the required regulations by the end of the first quarter 2006.  
 
21. It is stated that Trinidad and Tobago has ra tified a number of conventions of the International 
Maritime Organization.  In light of the high volume of maritime traffic and the exporting/importing of 
oil, LNG and petrochemicals, as well as Trinidad and Tobago's membership in the 1992 Civil Liability 
Convention/International Oil Pollution Compensation Fund Convention, are any considerations being 
made to join the 2003 Supplementary Fund Protocol  or the 1996 Hazardous and Noxious Substances 
Convention?  
The Government of the Republic of Trinidad and Tobago remains committed to the provision 
and participation in the International Organisations’ compensation and funding regimes for 
incidents and damages resulting from the carriage by ships of oil, hazardous and noxious 
substances.  This is clearly demonstrated by ou r ratification of CLC Protocol of 92 and Fund 
Protocol of 92.  Bearing in mind the extent of our activities in the new, rapidly developing energy environment, 
Trinidad and Tobago is at present giving consideration to ratification of the Fund Protocol 2003, 
and the 1996 HNS Convention which expands comp ensation coverage to include such other 
products as noxious and dangerous liquefi ed gases and other hazardous substances. 
22. The Secretariat Report indicates that the T ourism Development Act 2000 "extended investment 
incentives to a wide range of activities in the touris m industry (approved tourism projects)".  How is an 
“approved tourism project” defined?  Does this de finition cover both domestic and foreign projects?  
 “Approved tourism project” is defined in the To urism Development Act as “a tourism project 
declared so to be by the Minister under Part 2;” of the TDA which states “In order to obtain 
benefits under this Part, a tourism project sha ll- (a) have a minimum capital expenditure as 
outlined in Schedule 9; (b) be constructed or  undertaken primarily for use in the tourism 
industry; and (c) be available on a continuing ba sis for use in the promotion of Trinidad and 
Tobago.  Before a tourism project is approved by the Minister of Tourism an investor must be guided, inter alia, by Part 2 of the TDA.  The applican t must complete an application form for approval 
which would then be evaluated and recommendati ons would then be made to the Minister of 
Tourism.  If the Minister is satisfied that the tourism project would assist the tourism industry 
and is in the public interest, an Interim Approval would be granted.  On substantial completion  
of the tourism project and upon examination by  the Ministry of Tourism to ensure that 
completion was in accordance with the condition s in the Interim Approval the tourism project 
may be declared as an “Approved Tourism Project” 
 
The definition covers both domestic and foreign projects.  
23. The Secretariat Report also states "the Act is being amended to extend its  benefits as at (sic) 
April 2005".  Could Trinidad and Tobago  confirm whether this has happened?          WT/TPR/M/151/Add.2 
Page 15 
 
 
The Act is now law having been assented to by the President. 
 
24. Paragraph 154 of the Secretariat Report states that to be eligible for incentives, any hotel 
project must have a minimum of ten guestrooms.  Paragraph 155 states that t ourism incentives are open 
to foreigners, except in the case of accommoda tion facilities under 21 rooms.  Please clarify the 
reference to the different minimum number of rooms.  Is the former only with respect to customs and 
excise duty exemptions and the latter with  respect to other types of incentives? 
 
Firstly, to be eligible for incentives, any hotel project must have a minimum of eight;  (not ten 
guestrooms, as stated in the Secretariat’s report).   However, all types of tourism investment 
incentives regarding accommodation facilities with less than 21 rooms are reserved for nationals, 
including members of the CARICOM Single Market and Economy (CSME).  THE UNITED STATES
 
 
1. According to paragraphs 34 and 35 on page 35 of the Secretariat Report, Trinidad and Tobago 
has reduced the list of products subject to import surc harges to all but a few.  When does Trinidad and 
Tobago expect either to eliminate the remaining im port surcharges or to reduce the surcharges to the 
bound rate for other duties and charges? 
 
Import surcharges remain on sugar and poultry.  These have been identified as special products 
and as such there are no plans for reduction at this time. 
 
2. Paragraph 41 on page 37 of the Secretariat Report notes that Trinidad and Tobago is working 
to address the inconsistency in its tariff schedul e of 44 lines whose rates currently exceed its WTO 
tariff bindings.  When does Trinidad and Tobago expect to reduce these tariffs to bound rates? 
 
This anomaly in our tariff binding will be rev iewed in the context of the CARICOM CET regime, 
to ensure that they are brought into line in the shortest possible time. 
 
3. The Secretariat Report explained in paragra phs 117 and 119 on page 55 that the Finance Act 
No. 3 of 1994 Section 25(d) “makes provision for a deduction of 150% of promotional expenses 
wholly or exclusively incurred for creating or promoting expansion into foreign markets (non-
CARICOM) of exports of building industry ser vices, goods and agricultural produce shipped in 
commercial quantities.”  In addition, the Secretar iat Report also noted that under Trinidad and 
Tobago’s Section 56E of the Customs Act (Chapt er 78:01), exporters are “eligible for a rebate, 
amounting to 1.5% of the value of export sales, wh ich is valid for the reduction of duty payable on 
future imports.”  
 
a) Please tell us more about these programs a nd the conditions under wh ich the benefits are 
provided to exporters.  b) Have these programs been notif ied to the subsidies committee? 
 
(a) The promotional expenses deduction is an  allowance to encourage new market research
, 
complimentary to our market a ccess overtures.  Section 56E wa s an attempt to compensate 
exporters for duty paid on inputs into manufacturi ng.  It is no longer used since inputs into 
manufacturing are now zero-rated.  
 (b) Given (a), these programmes are not required to be notified to the Subsidies Committee. 
 
4. In paragraph 124 on page 56, the Secretariat Report stated that “approved free zone enterprises 
may be permitted to sell up to 20% of  their goods in the customs territory of Trinidad and Tobago.”   WT/TPR/M/151/Add.2 
Page 16  
 
Please clarify whether companies located in free zon es are liable for the appropriate import duties and 
taxes when exporting goods into the customs territory of Trinidad and Tobago.  
 
If any goods are exported into the customs territor y from free zones, they are subject to the same 
duties, taxes and other import requirements as  goods imported from extra CARICOM markets. 
 5. Based on the discussion in paragr aph 181 on page 67 of the Secret ariat Report, it would appear 
that unprofitable state-owned enterprises are receivi ng an estimated 76 million U.S. dollars in current 
transfers from the government.  
 
a) Did any of the recipients of the government transfers receive funding because they are 
exporters?  Has this program been no tified to the WTO Subsidies Committee? 
 
Transfers to these companies were not made becau se they are exporters.  It should be noted that 
many of these enterprises are involved in the provision of public goods and are the executing 
arms of line Ministries. 
 
b) Does Trinidad and Tobago plan to reinvigorate its privatization program, including with 
respect to the possible divestiture of  unprofitable state-owned enterprises? 
 
The Government will continue the privatization of non-strategic commercial state enterprises.  
Where those enterprises are in st rategic areas the Government will continue to maintain its 
investments. 
 
6. Referring to Table III.12 on page 70 of the Secretariat Report, we note that the WIPO 
Copyright Treaty and the WIPO Phonograms and Pe rformances Treaty provide an updated framework 
for the digital age.  Does Trinidad and Toba go have any plans to accede to these treaties? 
 
Cabinet has already taken a decision to accede to tho se treaties but only when the law is in place.  
The present Copyright Amendment Bill, 2005 inco rporates amendments to our Copyright Act, 
1996 which will make it compatible with our treaty obligations.  This Amendm ent Bill is expected 
to be brought to Parliament in its next term. 
 
7. The Secretariat Report di scusses in paragraph 206 on page 72 the 1996 Patent Law’s 
provisions for compulsory licensing.  Please descr ibe how compulsory licensing under Articles 46-48 
of the Patent Act of 1996 comply with TRIPS Article 31 conditions. 
 Sections 46 - 48 of the Patents Act, 1996 contain provisions that match those of Article 31 of TRIPs in intent and almost literally in some cases.  Section 46 covers non-voluntary licenses 
granted to supply a patented invention predomin antly within Trinidad and Tobago.  These are 
granted by the Court which will take into consideration the conditions which prompted the application.  Section 46(3)a-c is almost identical to Article 31d-f.  Applications can be made after 
3 years from the date of grant of the patent or  4 years after the date of filing of the patent 
application.  Attempts must also have first b een made by the licensee to secure licenses from the 
proprietors on reasonable terms.  The duration of  the non-voluntary license will be for as long as 
the grounds for the application exist and the Court ca n terminate the license if it is satisfied those 
conditions no longer prevail or upon application by any interested party.  The only limitation is 
that non-voluntary licenses may not be granted on patents relating to semi-conductors 
(Miscellaneous Amendments Act, 2000). 
 Section 48 of the Patents Act, 1996 covers the State-authorised use of a patented invention.  Similar conditions would prevail concerning durat ion for the period of time the eliciting 
conditions obtained.  These licenses are not techno logy limited.  In the event of a national          WT/TPR/M/151/Add.2 
Page 17 
 
 
emergency or other cases of extreme urgency, th e owner of the patent will be notified of the 
decision of the responsible Minister as soon as is practicable. 
 
8. Referring to paragra ph 212 on page 73 of the Secretariat Report, please describe how Trinidad 
and Tobago protects test data against unfair commercial use pursuant to TRIPS Article 39.3. 
 
Test data is protected under the Unfair Competition Act, 1996 and the Miscellaneous 
Amendments Act, 2000.  Specifically, Section 9(4) of the Unfair Competition Act, 1996 covers unfair commercial use of secret or test data.  Section 4 of the Miscellaneous Amendments Act, 
2000 extended the scope of the previous Sect ion 9 changing “trade secrets” to “secret 
information”.  Section 4 of the Miscellaneous Amendments Act, 2000 also went beyond Article 
39.3 of TRIPs in covering against reliance on such undisclosed data in seeking product approval for a period to be determined by the Court wh ich normally shall not be less than 5 years. 
 
9. According to Paragraph 213 on page 73 of th e Secretariat's Report, Trinidad and Tobago 
indicates the Geographical Indications Act (1996) intr oduced protection for geographical indications in 
the country.   a) In what way does the Geographical Indications Act (1996) of Trinidad and Tobago preserve 
the legal rights of trademark owners, consistent with  Articles 16(1) and 24(5) of the TRIPs Agreement? 
 Special provisions exist in the Geographical Indica tions Act, 1996 regarding  trademarks.  Section 
17 of that Act provides for instances when the Controller, on his own motion or at the request of an interested party, may refuse or invalidate the registration of a trademark which contains or 
consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the trademark for such goods in Trinidad and Tobago is of 
such a nature as to mislead the public as to the true place of origin. 
 
b) Would Trinidad and Tobago decline an application for a geographical indication that is 
confusingly similar to a previously established trademark?  
Section 17 can also apply in this instance in addition to Sections 18 and 19 which would further 
guide the conditions for such a refusal.  
10. According to paragraph 218 on  page 74 of the Secretariat's Report, intellectual property cases 
are currently within the jurisdiction of the Supreme Court of Judicature, with a final appeal to the 
Juridical Committee of the Privy Council.  
 
a) Has Trinidad and Tobago considered establishi ng or designating a special court with exclusive 
competency to handle all IPR-related cases, both civil and criminal?  
This issue is under active consideration.  However,  at this time there is a preference to having 
specialised judges to deal with intellectual prop erty cases as opposed to a specialised court, 
mainly because of the relatively low number of in tellectual property cases that actually reach the 
Courts of Trinidad and Tobago.  
b) In addition, has Trinidad and Tobago acceded to the treaty establishing the Caribbean Court of 
Justice? 
 
Trinidad and Tobago has acceded to the treaty est ablishing the Caribbean Court of Justice in the 
Original Jurisdiction but not the Appellate Jurisdiction.  
c) If not, will it be amending its legislation to repl ace a final appeal to the Judicial Committee of 
the Privy Council with a final appeal to the newly established Caribbean Court of Justice? WT/TPR/M/151/Add.2 
Page 18  
 
This is not contemplated at present. 
 
11. In regard to paragraph 220 on page 74 of the Secretariat Report,  are there any current plans to 
implement regulations on border measures in accordance with the Trade Marks Act? 
 
Additional sections to the existing regulations are currently being drafted.  A draft Trademarks 
Bill has been circulated and a final draft is expected by 2006 with attendant regulations. 
However, Section 213 of the Customs Act provid es some power to the Cu stoms Authorities at 
present. 
 12. Referring to paragraph 221 on page 74 of the Secretariat Report, are there any plans for 
legislation granting Customs the authority to initiate border measures ex officio  without the need for a 
formal complaint from a private party or the right holder? 
 
Yes.  It is being considered. 
 
13. In response to questions about copyright en forcement from the United States during the last 
Trade Policy Review, the Government of Trinidad and Tobago stated in WT/TPR/M/49 that “Trinidad and Tobago’s enforcement agencies are addressing th e problem of video and audio cassette piracy and 
are committed to enforcing domestic law in this area. ”  What specific actions has the Government of 
Trinidad and Tobago undertaken since the last Trade Policy Review cycle to improve copyright 
enforcement?  
With respect to copyright enforce ment, a collective management organisation affiliated with the 
International Federation of the Phonogra phic Industry dealing with reprography was 
established.  They are at the stage of signing agreements with various Ministries and universities. 
 Additionally, Training modules introduced intellectual property to Customs and Excise, the Police and the Director of Public Prosecutions in  specialised training workshops conducted by 
the World Intellectual Property Organization and assisted by the US Government.  It is anticipated that better understanding and appreci ation of their responsibilities will encourage 
more respect for intellectual property rights which will lead to a reduction in incidents of 
copyright infringement.  In addition, there is consideration by the Ministry  of National Security for the establishment of a 
specialised unit to deal with intellectual property infringement. 
 
With respect to cable and video piracy, a Commi ttee appointed by Cabinet in early 2005 to 
examine these issues is preparing a report for deliberation of the Minister of Legal Affairs.  THE EUROPEAN COMMUNITIES
 
 
1. TRADE IN GOODS  
 It is noted in the reports made by both the Governme nt of Trinidad and Tobago and the report prepared 
by the WTO Secretariat that Trinidad and Tobago’s  economy is heavily dependent on the hydrocarbons 
sector.  In the WTO secretariats report, page 2 para. 6, it is written that in the context of the Vision 
2020 plan focus will be put on diversifying the economy ma inly in six areas.  Bearing this in mind, the 
EC should like to further information on what is being done to promote growth within the specific 
sectors, such as manufacturing of goods.  
 
As identified in the Report, the six main sectors are: traditional manufacturing, a new 
technology-based industrial sector, tourism, fina ncial services, agriculture and the small business 
sector.  Activities in these areas to promote growth are:          WT/TPR/M/151/Add.2 
Page 19 
 
 
(i) Traditional Manufacturing: 
 
Trinidad and Tobago recognizes that non-energy based competitiveness is required in our 
manufacturing sector to sustain the level of eco nomic activity required adequately to achieve 
Vision 2020 developmental goals.  In this regard a nd further to the realization that preferential 
trading regimes are giving way to reciprocal  regimes, the Vision 2020 policy focuses on the 
strengthening of institutions necessary to the conduc t of trade as well as those that are critical to 
the development of entrepreneurial and innovative activity. 
 
(ii) Technology Based Industrial Sector: 
 
The Vision 2020 policy recognizes that technology is essential to the creation of a developed society and that more importantly appropriate use of suitable technology is a key component in developing a competitive economy.  In this re gard, the Vision 2020 policy will develop policies 
and incentives to ensure technology acquisiti ons and usage by firms and individuals.  The 
implementation of the information technology programmes and projects will be accelerated.  
Trinidad and Tobago will further expand the use and appreciation of technology within the educational system, the government and the busin ess environment and to fully integrate ICT and 
computer technologies into the daily lives of the populace. 
 (iii) Tourism: 
 
Trinidad and Tobago has undertaken to diversify  its tourism industry into the area of eco-
tourism.  This will be pursued primarily thro ugh the development of a community based eco-
tourism industry.  The creation of this industry w ill be facilitated by the training of communities 
in the sustainable management of eco-systems, th e creation of international partnerships and the 
development of community based tourism enterprises.  
(iv) Financial Services: 
 
The main goal of the Vision 2020 policy will be  to support/catalyse the sustainable development 
of the financial sector.  This will be achieved by a more effective regulation, monitoring and 
management of the financial sector.  A major goal of such an initiative would be to build the 
Human Resource Base within the i ndustry to support the development initiatives of the sector.  A 
critical aspect of such an initiative would also  be to build Information Architecture to support 
institutional requirements in an efficient and ef fective manner and to ensure the competitiveness 
of financial institutions by adopting measures and benchmarks to support sustainable growth 
objectives. 
 (v) Agriculture:  The priorities in this sector would focus on e nhancing the research and technology capabilities to 
support agricultural development.  Also, there will be the improvement of drainage, irrigation 
and water management infrastructure to suppor t agricultural development.  Initiatives for 
agriculture will also include the maximization of  the utilisation and administration of available 
land resources as well as the improvement of a ccessibility and availability of financial resources 
and credit facilities to the agricultural sector.  Th ere will also be a focus on the enhancement of 
the marketability of agri-based products throug h development of marketing initiatives and 
infrastructure, the creation of a more facilitat ive policy environment and the development of 
fisheries management infrastructure. WT/TPR/M/151/Add.2 
Page 20  
 
(vi) Small Business Sector: 
 The Vision 2020 policy will take into account the lack of competitiveness of many of the 
enterprises, most of which represent a significant degree of employment within the economy.  As such the Vision 2020 policy, through community-b ased initiatives regarding entrepreneurship 
training and skills development programmes, is facilitating the development of increased 
knowledge and innovative capacity within manufacturing oriented small businesses. 
 
Could Trinidad and Tobago clarif y its understanding of a “new technology-based industrial sector” and 
indicate more clearly what the plans are in this respect?  
 
This forms a significant part of the horizontal shift into new higher-valued activities and is part 
of the long-term plan of making Trinidad and Tobago the manufacturing center of the region.  We envisage this sector to comprise increasing  utilization of evolving technologies in business 
processes.  Initiatives will include a learning environment to encourage the whole area of 
communications, development of technology, soft ware and backroom activities.  The level of 
research and development activities would be in  the area of technology and innovation. 
 The government has embarked on the establishmen t of the Waller Field Industrial Park, which 
will focus on knowledge-based industries.  The Evolving Technologies and Enterprise 
Development Company, responsible for the park  has already entered into a joint venture 
arrangement with a technology firm in Hong Kong in the area of outsourcing and medical 
transcription.  Trinidad and Tobago has also introduced a new University (University of 
Trinidad and Tobago) which will focus on science and Technology.  This will be supported by:  
 Expansion of classrooms and laboratory space; 
 
 Expansion of the National Energy Skills Centre and the national Skills Development 
Programme to provide industry driven skill training;  and 
 
 The continued establishment and rationalization of the College of Science and 
Technology and applied Arts. 
 Tariffs
 
 Noting the importance of public revenues arising from  customs-related duties and charges measures in 
Trinidad and Tobago high tariffs still remain in sever al areas.  Has Trinidad and Tobago elaborated a 
strategy to address this issue, taking into account  the steadily lowering of customs-related duties? 
 
Customs-related duties and charges on goods have  fallen since the last review, from 5.2% to 
4.7% of total government revenue.  Taxes on international trade also fell from 1.9% of GDP to 1.7% in 2004.  The existence of high tariffs in  a minimum number of sectors is maintained in 
keeping with their growth and development object ives.  In addition, there are a few areas which 
are sensitive to the CARICOM Region where high tariffs are maintained in keeping with our 
CARICOM commitments.  
Import licensing
 
 
On page 43 para. 62 in the report prepared by the WTO secretariat it is expl ained that, Trinidad and 
Tobago maintain a Negative List including goods subj ect to licensing and that this Negative List is 
revised periodically.  It is also mentioned that goo ds which were on the List in 1998, were still on it in 
late 2004.  Could Trinidad and Tobago inform what  products or areas are subject to this specific 
administrative formality and also clarify what these formalities imply in reality? 
          WT/TPR/M/151/Add.2 
Page 21 
 
 
The negative list essentially contains items subj ect to international agreements, environmental 
agreements, health and national security concerns.  The full list of items is at Table III.8 of the 
Secretariat’s Report.  The procedure involves the application for a licence to import said items through the Ministry of 
Trade and Industry.  Consultation is held with th e relevant authorities, based on the specific item 
to be imported.  
Please clarify if any revision of the Negative List has taken place since 1998, and if so what changes 
were made.  Are there any plans for further revisions? 
 
There have been no revisions of the negativ e list since 1998.  However the negative list is 
continually being reviewed to maximise efficiency. 
 
2. TRADE
 IN SERVICES  
 
Tourism  
 Would Trinidad and Tobago inform the EC on how much  of the FDI attracted by the country in the last 
years, excluding the energy sector, has been in the tourism sector? 
 
This is less than 1% of total FDI during the period. 
 
Would Trinidad and Tobago inform the EC about its plans for improving professional education and 
training related to the tourism sector?  Professional education and training related to the tourism sector in Trinidad and Tobago can 
currently be obtained from the country’s two hospitality and tourism institutes and the University of the West Indies.  Further, there are several privately operated institutions offering 
courses in the tourism and hospitality fields.  Thes e institutions offer a variety of tourism-related 
training programmes ranging from the certificate to the degree level.  New courses/programmes 
will be added based on demand. 
 
The EC should like to know about Trinidad and Tobago ’s assessment of the effect of the tourism sector 
in overall economic growth and employment, and in particular in other economic sectors like 
construction, transport, computer serv ices, education and professional training. 
 The Tourism Sector is a major pillar in our eco nomic diversification and employment generation 
platform.  The sector contributes to  the economy in many respects. 
 There are the direct and indirect employment benefits resulting from the goods and services of tour operators, hotels and restaurants, airlines, ca tering, craftsmen and a host of others.  It also 
helps to boost the agricultural sector because of the need for agricultural products to the sector. 
 
In 2004, the tourism sector’s contribution to GDP was TT$3.7 bn which represented approximately 5.14% of GDP and 33,000 jobs  were related to the tourism sector. 
 
What is the approach of the government of Trinidad  and Tobago to the regulation of tourism-related 
aspects of general interests such as environment,  wildlife, urban planning and public security? 
 
These general areas are managed by the respecti ve government Ministries  and statutory agencies 
and guided by the legislation and regulations th at pertains to them.  For example, under the 
Environmental Management Authority (EMA) Ac t, all tourism accommodation projects must 
have a certificate of environmental clearance. WT/TPR/M/151/Add.2 
Page 22  
 
Would Trinidad and Tobago inform the EC about the existing legislation applicable to tour managers 
(professionals accompanying groups of tourists in thei r travel through the country) and tourist guides? 
Would Trinidad and Tobago also inform the EC a bout the plans that the government is considering 
with the aim of reducing or eliminating discrimin ation of foreign service suppliers in these fields? 
 
There is no existing legislation that is specific to foreign tour managers and tour guides operating 
within Trinidad and Tobago.  However, exis ting legislation under the Immigration Act of 
Trinidad and Tobago, in particular, that regarding the issuance of work permits is applicable.  Under the Tourism Development Act 2000 Section 9, it specifies that tourism investment 
incentives and concessions will be  reserved for nationals of Trinidad and Tobago, including 
members of the CSME, in three categories of tourism-related projects:   i. Accommodation facilities with less than 21 rooms;  ii. Transportation services;  and 
 iii. Ground tour operations or destination management companies. 
 However, the Act does not prevent foreign companies from investing in the local tourism sector. 
 
Distribution services
 
 
Would Trinidad and Tobago inform the EC on how much  of the FDI attracted by the country in the last 
years, excluding the energy sector, h as been in the distribution sector? 
 
Distribution Services US$Mn 
 
1997 1998 1999 2000 2001 2002 2003
3.1 2.0 -0.5 1.7 -0.5 -0.7 2.2
 We would like to know about Trinidad  and Tobago’s assessment of the effect of the distribution sector 
in overall economic growth, employment and social development, and also in  other economic sectors 
like construction, transport, computer se rvices, education and professional training.  
 
The Distribution sub-sector has been one of the main sources of employment in the Services sector.  At the end of 2004, the Distribution sector accounted for 27.8 per cent of employment in the Services sector and 18 per cent of total empl oyment in Trinidad and Tobago.  The number of 
persons with jobs in the sector increased from  94.5 thousand persons in 2002 to 101.2 thousand 
persons in 2004, an average increase of 3.8 th ousand persons per annum.  Concomitant with 
expanding economic activity, wages in the sector were also rising.  Based on collective agreements 
registered with the Industrial Court of Trin idad and Tobago in 2002 and 2003, median wage 
increases were 8.1 per cent and 13.5 per cent, respect ively.  In 2003, the median wage increase 
recorded for the Distribution sector was the high est for the private, non-energy sector of the 
economy. 
 The Distribution sector accounts for approximate ly 15 per cent of the Gross Domestic Product 
(GDP).  In terms of expansion, growth in rea l GDP of the Distribution sector has averaged less 
than 2 per cent over the past three years.  However, during the first quarter of 2005, the 
Distribution sector recorded growth in real GDP of 9.1 per cent compared with the 
corresponding quarter of 2004.  The sector is exp ected to continue recording positive economic 
growth for the remainder of 2005. 
 
Would Trinidad and Tobago inform the EC about ex isting legislation applicable to retailing services? 
          WT/TPR/M/151/Add.2 
Page 23 
 
 
There is currently no legislation applicable to retailing services. 
 
Business services  
 Would Trinidad and Tobago inform the EC about th e legislation applicable to the following activities 
and the measures the government is taking to en sure non-discrimination of foreign suppliers? 
  - Management consulting  - Services related to management consulting  At present there is no specific legislation govern ing the treatment of management consulting 
services or services related to management consulti ng.  The sector is open to foreign investment 
and foreign services suppliers on a non-discrimina tory basis.  Normal requirements such as 
company registration and work permit requiremen ts would apply for foreign services suppliers.  
It is the intention of the Government of Tr inidad and Tobago to undertake a needs assessment 
and a review of all legislation governing all service suppliers to ensure that an appropriate 
regulatory framework is in place.  These ac tivities will therefore be considered with the 
implementation of the new Services Trade Policy which is currently being developed. 
 
Maritime transport and ports
 
 
Could Trinidad and Tobago provide detailed informa tion on liberalisation steps taken in the area of 
maritime transport?  
In keeping with the objective to be a trans- shipment hub, Trinidad and Tobago has made the 
commitments in Maritime transport services in the areas of ship surveys;  dry docking, ship 
repairs; boat building and ship management/freight and transportation; and, navigation aid and 
communications/meteorological services.  Trinidad a nd Tobago has also made initial offers in the 
areas of passenger transportation by ferries; transportation of bulk liquids or gases; and in 
supporting services for maritime transport.  Initial offers have also been made in the training of 
seafarers and marina services. 
 3. TRADE
 FACILITATION  
 The EC welcomes the use by Trinidad and To bago of some modern customs procedures and 
techniques, including the use of guarantees, in the fo rm of surety bonds, which can play an important 
role in accelerating customs clearance.  Furthermore,  the use of risk management techniques can lead 
to significant benefits.  However, the EC notes th at roughly two thirds of all merchandise is still 
inspected at the port of entry.  Does Trinidad and Tobago have plans for reforms to try to reduce this 
figure?  
Trinidad has plans to reduce this time period .  With the coming of stream in 2006 of the 
ASYCUDA ++ Electronic Document Processing System, we will introduce (i) scanning of entry 
documents for clearance of containers to determ ine level of risk for their release; (ii) the 
employment of two whole container scanning mach ines for the Port of Spain and Point Lisas 
Ports.  
What are the main challenges faced by  Trinidad and Tobago in this area? 
 
This process faces many challenges such as secu rity risks-narcotics, arms and ammunition. 
 
The EC has concerns about the obligation to use customs brokers for commercial transactions.  While 
customs brokers can perform the all important role of interface between traders and administrations, WT/TPR/M/151/Add.2 
Page 24  
 
traders should have the option to manage the transact ion themselves if they prefer.  Does Trinidad and 
Tobago have any plans for reforms in this area?  
Customs Brokers are currently utilised for transactio ns over a certain level.  Under that level, 
traders are free to manage their own transactions .  Consideration is being given to greater 
utilisation of traders.  
4. GOVERNMENT PROCUREMENT
 
 Could Trinidad and Tobago provide statistics regard ing awards of contracts for year 2004 or 2003, 
detailed by type of contracts (w orks, supplies, services), tendering procedure (open, selective) and 
origin (international, local)?  
This information will be provided shortly. 
 In paragraph 188, page 68, of the report prepared by the WTO secretariat it is said that consideration is 
being given to the development of policy to enc ourage participation of small businesses:  Could the 
authorities of Trinidad and Tobago provide more in formation regarding the de velopment of policy to 
encourage participation of small business?  The Government of Trinidad and Tobago, through the new procurement regime, will seek to develop 
competitive local industries, including Small and Me dium Enterprises (SMEs).  In order to facilitate 
this objective, SMEs will be given afforded a 10% price differential for the supply of goods and 
services, of an acceptable minimum standard, to pub lic agencies.  The Government will therefore 
ensure that a small proportion of contracts from public agencies will be reserved for SMEs. 
 
Referring to paragraph 193 and 194 of the report of the WTO Secretariat: Could Trinidad and Tobago 
provide a state of play of the reform of the gove rnment procurement system and its implementation 
stage?  
A Government White Paper will be tabled in Parliament as “Reform of the Public Sector 
Procurement Regime –on September 26
th 2005.  
 
Essentially, the Draft White Paper will seek to: 
 
• Strengthen the case for the choice of the Principle Model as the preferred Procurement 
Model for Trinidad and Tobago, vis-à-vis,  the Prescriptive Model (UNICITRAL Model 
Law) and the Institutional Model (th e Contractor General Act, Jamaica); 
• Expand the definition of “public money”; 
• Clarify, inter alia, the role of the Regulator;  the use of sanctions; the introduction of a 
complaints mechanism; review of the proc urement process at critical stages in the 
procurement cycle for all projects above a certain threshold; and the introduction of a National Procurement Advisory Council. 
 
The major change envisaged is that the procurem ent system will be operationally decentralised, 
flexible and transparent.  All procuring age ncies will be directly responsible for their own 
procurement and therefore directly accountable  for the quality of their decisions and the 
efficiency of their systems. 
 
We believe that this proposed framework design, while ensuring open and effective competition, 
ethics and fair dealing, and promotion of  national industry, will also promote: 
          WT/TPR/M/151/Add.2 
Page 25 
 
 
• greater accountability and transparency of expenditure of public money on property and 
services; 
• greater efficiency of implementation of Gov ernment policies within the context of best 
procurement practice; 
• public confidence in the manner by which Gove rnment conducts its business particularly 
in the acquisition of property and services; 
• ethical conduct of all parties in the proc urement process thereby engendering mutual 
trust and respect; 
• civil society overview of the procurement process; 
• the responsibility of Parliament in the procurement process; 
• equal opportunity for bidders and greater confidence in decision making; and  
• inclusion of other financial arrangements such as Build Own Operate Transfer (BOOT), 
Build Own Lease Transfer (BOLT), Design Fi nance Construct (DFC) under the legal and 
regulatory framework. 
 
5. TRADE POLICY STRATEGY  
 
The EC considers that the WTO and multilateral libera lization is the most certain way for all countries 
to promote their interests, and to ensure that su ch interests are promoted in an inclusive manner, 
reflecting the interests of all Members also when  establishing a level “playing-field”.  Noting the 
common interest in promoting a multilateral trade ag enda, the EC should like to ask Trinidad and 
Tobago the following. 
 
Trade policy  
 How is the issue of trade being dea lt within Trinidad and Tobago’s nati onal strategies?  re the strategies 
based on the possibilities for advancing the country ’s development objectives in the context of 
increasing globalisation through trade?  Trade is an integral part of Trinidad and To bago’s development objectives towards increasing 
globalization.  In this regard, Trinidad and Tobago is pursuing a trade policy which focuses on 
expanding market access and positioning of the eco nomy to attract investment to make optimal 
use of such access.  The negotiation strategy is pursued through integration activities in various 
complementary trade fora name ly the multilateral forum, he mispheric and regional levels 
involving such theaters as the World Trade Organization (WTO), the ACP/EU (Cotonou), the 
FTAA, CARICOM, bilateral, CBI/CBPTA and CARIBCAN.  
As already noted by the introduction of the Vision 2020 plan, a comprehensive reform and 
development plan could assist Trin idad and Tobago in the upgrading of the capacity of the Government 
of Trinidad and Tobago to undertake it’s obligations  in international trade re lated matters.  Do the 
government’s strategies, as set out in the priorities of short, medium and l ong-term objectives for the 
country, meet these aims?  Which steps would be taken in order to attract coordinated donor 
involvement in support of the steps envisaged?  The Government’s strategies as outlined in priori ties of short, medium and long term objectives 
for the country, contained in the reports of th e 28 subcommittees, would assist the country in 
upgrading the capacity to undertake obligat ions in the international trade arena. 
 There are a number of areas where international funding will be required e.g. in developing 
capacity in competition and customs facilitation.   A comprehensive financing plan will address 
the needs to the respective agencies  
 WT/TPR/M/151/Add.2 
Page 26  
 
The EC also considers that the WTO and multilateral liberalization is the most certain way for small 
and medium sized countries to promote its interests.   How does Trinidad and Tobago judge the relative 
importance and weight of bilateral/FTA policies and further development of the WTO system in terms 
of its own trade and development needs?  Trinidad & Tobago’s trade initiatives continue to  be pursued in a context that recognizes both 
regional and bilateral trade ag reements as complementary to agreements at the multilateral 
forum.  It is in this regard that Trinidad & Tobago has been an active member of the Caribbean Community (CARICOM) and has increasingly so ught expanded market access with third 
countries through the regional grouping.  We be lieve that this process fosters the gradual 
integration of our economy in to the multilateral system. 
 
Trinidad and Tobago is deeply committed to the regional integration process underway within 
CARICOM and is confident that this exercise will enhance prospects for economic growth and 
development and more effective integration into the global economy.  FTAs serve to complement 
and reinforce the objectives of multilateral trade in all its dimensions and enable us to apply the 
principles of trade liberalization in a defined economic and geographical context, and thus 
facilitate our effective participation in th e wider multilateral trading environment. 
 
How does Trinidad and Tobago see the development of its trade policies in the context of the 
multilateral system?  Trinidad & Tobago is an active member of the WT O as it considers multilateralism to be pivotal 
to the formulation of trade policy.  We believe that  such a system is indispensable for the survival 
of small vulnerable economies.  
 
In this regard, we view the developments in the multilateral trading system with a great deal of 
optimism, providing support for the advancement of  the work contained in the July Package and 
are committed to contributing towards the successfu l conclusion of the Round, which it is hoped 
will truly benefit the aspirations of small develo ping countries.  We remain committed to the 
development of a trade regime that is open, sustainable and aligned to the principles and objectives of the WTO. 
 Competition policy
 
 The EC should like Trinidad and Tobago to inform about the content of the newly adopted competition 
law and the timeframe foreseen to start the implemen tation of this law? Also with respect to which 
institutional arrangements are foreseen in this respect? 
 
A Fair Trading Bill, 2005 is currently before th e Parliament.  The Bill seeks to ensure that 
competition is not inhibited or distorted by pr ohibiting the abuse of monopoly power and the 
creation and implementation of anti-competitive agreements and by preventing the creation of 
anti-competitive mergers.  The key feature of  the Bill is the creation of a Fair Trading 
Commission, which will be a quasi-judicial body , independent of Government, whose general 
responsibility would be the enforcement of the Ac t.  The members of the Commission would be 
appointed by the President under the Bill.  The functions of the Commission will be, among other 
things: 
 
• Considering complaints of anti-competitive  business conduct whether from consumers or 
business; 
• Conducting investigations of the conduct of any business enterprise which is subject to its 
jurisdiction with a view to detecting contraventions of the Act; 
• Taking steps to ensure that monopolies, wh ere they exist, do no t abuse their power;          WT/TPR/M/151/Add.2 
Page 27 
 
 
• Eliminating anti-competitive agreements such as  agreements to fix prices, limit or control 
markets or to share markets or sources of supply.  
 
In keeping with Trinidad and Tobago’s commitments under the CSME, the Bill also contains 
provisions recognizing the jurisdiction of the Community Competition Commission, which would 
be the body with responsibility for implemen ting Community Competition Policy under the 
CSME.  The Community Competition Commission would, among other things, be empowered to monitor and investigate cross-border anti-competitive business conduct. 
 
Regional trade
 
 
Trinidad & Tobago has a wide-ranging trade policy and many other measures affecting trade. Regional 
trade is an important tool for improving and harvesti ng the benefits from trade. In the view of the EC, 
the CARICOM liberalisation plans are important fo r fostering continued growth. How does Trinidad 
and Tobago assess the possibility for carrying out tho se liberalisation plans establishing a free trade 
within the CARICOM within the deadline established? 
 
Trinidad and Tobago is on target with meetin g the deadline of January 1, 2006 for the full 
implementation of the Single Market componen t of the CARICOM Single Market and Economy.  
The other participating Member States have not i ndicated their inability to complete the process 
on time.  It should be noted however that a meet ing of the Focal Points on the CSME is scheduled 
to take place in November of this year.  At this meeting it is envisioned that a final status would 
be ascertained.  It should also be noted that no twithstanding the thrust to full implementation, all 
Members States are being urged to determine their requirements for meeting the deadline as well 
as any specific requests for technical assistance.  Similarly plans are afoot through the CSME Wo rk Programme for the implementation of the 
Single Economy component by December 31, 2008
1 
 
To what extent is a regional (CARICOM) approach taken in developing the following new and existing 
measures:   - "elimination or reduction of … import surcharges"; 
 - "automatic or non-automatic import licensing"; 
 - "anti-dumping measures";  - drafting "safeguard legislation" towards imports from outside CARICOM; 
 - "export and investment incentives";  - "competition policy"; 
 - "government procurement" and in particular  "the development of a policy to encourage 
   participation of small businesses";  - "intellectual property rights";  - "reform in the financial services sector";  - "telecommunications … legislation … to transform the industry … to a competitive  
    environment";  and 
 - "maritime transport".  
Harmonization of legislation is a fundamental  tenet of the CSME.  CARICOM, through its 
Secretariat and other organs of the community, is  continuously working on regional policies in 
each of the areas mentioned. 
 
Specifically, much progress has been made in term s of the elimination of import surcharges and 
import licensing, development of competition policy and government procurement policy and the 
                                                     
 
1 See Appendix I- Establishment of the CSME-Key Elements. WT/TPR/M/151/Add.2 
Page 28  
 
liberalization of the telecommunications sector.  Trinidad and Tobago has strong and compliant 
legislation in the areas of anti-dumping, intell ectual property rights and financial services.  A 
regional policy on maritime transport is a work in  progress, but it should be noted that Trinidad 
and Tobago is a signatory to major maritime conv entions.  With respect to investment incentives, 
Trinidad and Tobago has extended those incenti ves in the Tourism sector to other CARICOM 
Member States.  
 
Which areas are Trinidad and Tobago's priorities fo r development under the free trade agreement with 
the Dominican Republic?  The priority areas for development under the FTA with the Dominican Republic include Trade 
in Services, Investment and the Dispute Settlement provisions. 
 
The EC notes that there are a number of exceptions to  the CET included in various lists.  What is the 
schedule for phasing out of these exceptions and ho w does Trinidad and Tobago assess the impact of 
the exceptions in relation to promoting trade and development? 
 
The agreed policy for phasing out those exceptions on the Phased lists (except rum) is in three 
equal annual stages.  For those exceptions incl uded in the MFN lists, they will be regularly 
reviewed by the Joint Council which administers  the Agreement.  These exceptions facilitate a 
balance between the levels of ambition of countries of the integration arrangement, wishing to 
maximize the liberalization of sectors and those for which these sectors may be sensitive.  
Trade and sustainable development
 
 In the report prepared by the Government of Trin idad and Tobago it is written that the Governments 
main development goal is for Trinidad and Tobago to  attain developed-country status by 2020, for this 
reason the development plan Vision 2020 was la unched.  A Vision 2020 Planning Committee was 
established to direct the planning and prepare a National Strategic Development Plan. Based on this information the EC would like to ask the following: 
 
What plans does Trinidad and Tobago have for a doption of policy strategies in order to enhance 
sustainable development?  Does the issue of trade and sustainable development fit into Trinidad and 
Tobago’s overall deve lopment strategies? 
 
For Trinidad and Tobago, sustainable developmen t is an important element of the plans and 
programmes for the trade sector.  The Government of Trinidad and Tobago envisages that trade 
in the non-energy sectors will be a key recipient of earnings resulting from the extraction of the 
existing non-renewable energy resources.  This is expected to redound to the benefit of future 
generations.  For Trinidad and Tobago therefo re the relationship between trade and sustainable 
development is profound for the energy sector but also extends to a wider range of resources and 
institutions.  
The main objectives and priorities of sustainable development activities for Trinidad and Tobago 
include the following:  
 Environment 
 Management of waste (domestic, municipal) 
 Proper disposal of hazardous waste (industrial) 
 Management of water resources (water supply/water quality) 
 Sustainable land management, especia lly with respect to forest/water shed 
management          WT/TPR/M/151/Add.2 
Page 29 
 
 
 Coastal zone management, particularly with respect to Tobago 
 Biodiversity – management of national parks, sensitive species 
 Air pollution management 
 
 Energy 
 Alternative, renewable sources of energy 
 
 National Institutional/Administrative Capacity 
 Institutionalization of the participatory process 
 
 Tourism 
 Greater Development of Susta inable tourism/eco-tourism 
 
 Human Resource Development 
 Information and Communication Technology (ICT) Skills Development, particularly 
in rural communities 
 Gender and Youth Equity 
 It is to be noted that in the international arena, Trinidad and Tobago is also a signatory to a number of international conventions relating to the sustainable management and development of 
its natural resources, including: 
 
 United Nations Convention on Biological Diversity 
 United Nations Framework Convention on Climate Change and the Kyoto Protocol 
 Ramsar Convention on Wetlands  
 Convention on International Trade in E ndangered Species of Wild Flora and Fauna 
 United Nations Convention to Combat Desertification 
 Specially Protected Areas and Wildlife Protoc ol of the Cartagena Convention for the 
Protection and Development of the Marine Environment of the Wider Caribbean  
Region 
 Basel Convention: on the control of Tran sboundary Movements of Hazardous Wastes 
and their Disposal 
 What specific actions have been taken following the Vision 2020 since its adoption? 
 
These actions include: 
 
 The Cabinet of Trinidad and Tobago adopted the Vision 2020 plan of action on 
August 11, 2005; 
 A Programme Management Unit is being established to structure the implementation 
process and plan of action; 
 A Liaison Office is being established  
 A concerted effort by Ministries and pub lic sector agencies has commenced towards 
the implementation of their responsibilities under the plan of action 
 
The importance of linking trade with sustainable dom estic policies, and in particular employment 
related matters and core labour sta ndards, was confirmed last year by the Final Report of the World 
Commission on the Social Dimension of Globalisation.  How does Trinidad and Tobago assess the 
conclusions in the report, and does Trinidad and Tobago intend to follow up on the various 
programmes which have been implem ented to increase employment a nd address challenges related to 
social adjustment?  
We recognize the roles that employment related matters and observance of core labour play in 
the success of the social dimension of globalis ation.  The Ministry of Labour and Small and WT/TPR/M/151/Add.2 
Page 30  
 
Micro Enterprise Development has undertaken sev eral initiatives aimed at the promotion of 
decent work, industrial peace, employment and we alth creation as well as the institutional 
strengthening which concur with the conclusion s expressed in the Final Report of the World 
Commission on the Social Dimension of Globalisation. 
 How does Trinidad and Tobago assess the possibiliti es for increasing trade and development while 
ensuring environmental sustainability? Does Trinid ad and Tobago currently have a specific plan 
addressing this? 
 
Trinidad and Tobago utilizes the institutional arrangements available in the form of the 
Environmental Management Authority (EMA ) and the powers under the Environmental 
Management Act 1995 in order to ensure environmental sustainability, whilst treating the objective of increasing trade and development.  The environmental sustainability plan fits into 
the wider sustainable development plans and programmes.  
As written above Trinidad and Tobago has adopt ed the Vision 2020 plan advancing the country’s 
development objectives in the context of increasing gl obalization.  What is the relationship between 
this strategy and the poverty reducti on strategy of Trinidad and Tobago? 
 
Arising from the Vision 2020 Plan, the projection involves the reduction of poverty to 5% or less by 2010 and the development of social services programmes to manage social and economic 
vulnerability.  The strategy to be used in pursuit  of this objective will focus on the following: 
 
 development of the capabilities of all vulnera ble groups towards their achievement of a 
high quality of living and their full integration in the general society without discrimination; 
 instilling in individual citizens a positive self concept, personal empowerment, life long 
learning, a healthy respect of race, class, disability or gender; 
 reduction of the inefficient duplication of effort among the social services institutions and 
increased awareness of available services; 
 to enhance data production and availability in respect of disabled, homeless, prisoners 
and deportees. 
 The EC is truly aware of the needs that Trinidad a nd Tobago may be facing with regard to further trade 
related assistance.  Has the need for technical assi stance been further assessed such as to provide an 
overview and a plan of areas are to be further boos ted by technical assistance and how much technical 
assistance is required in each of these areas? Further is the issue of technical as sistance incorporated in 
the national trade strategy? 
 
There has been a concerted effort aimed at bu ilding capacity within the trade sector.  The 
Government of Trinidad and Tobago has been involved in the following capacity-building 
projects:  
 IDB funded Trade Sector Support Programme 
 National Strategy For Strengthening Trade Related Capacity  
 Impact Assessment for Economic  Partnership Agreement (EPA) 
 
The main project which seeks to outline in a holis tic manner the areas for technical assistance is 
the IDB funded Trade Sector Support Programme which commenced in 2003 and is scheduled to 
be completed within four years.  The main areas being pursued under this programme are as 
follows:  
 Institutional Strengthening and Restructuring Programme 
 Integrated Information Systems          WT/TPR/M/151/Add.2 
Page 31 
 
 
 Technical Studies which include National Trade Policy, Impact of Trade Liberalization 
and Competitiveness Study, Customs Reform, Services Sector Studies, etc 
 Trade Adjustment Programme 
 Specialized Technical Training towards Hu man Resources Development for Trade Policy 
Formulation and Implementation 
 
It is projected that on the completion of th e IDB Trade Support Project, the Government of 
Trinidad and Tobago would have developed a comprehensive plan for capacity building 
encompassing areas to be further boosted.  This  will include the detailed tasks to be completed, 
associated costs and a strategy for financing, whic h will be incorporated into the national trade 
strategy. 
 BRAZIL
 
 
1. The Vision 2020 initiative aims at identifying the economy based on six main sectors:  
traditional manufacturing, a new technology –based industrial sector, tourism, financial services, 
agriculture and the small business sector.  What meas ures does Trinidad and Tobago intend to adopt in 
order to accomplish this goal, taking into account th at its economy relies heavily on the energy sector? 
 
In order to achieve its development goals the economic initiatives envisaged include 
diversification of the economy with focus on th e non-energy sector.  For the different sub-sectors 
the areas to be pursued are:  
(i) Agriculture: 
 
The priorities in this sector would focus on e nhancing the research and technology capabilities to 
support agricultural development.  Also, there will be the improvement of drainage, irrigation 
and water management infrastructure to suppor t agricultural development.  Initiatives for 
agriculture will also include the maximization of  the utilisation and administration of available 
land resources as well as the improvement of a ccessibility and availability of financial resources 
and credit facilities to the agricultural sector.  Th ere will also be a focus on the enhancement of 
the marketability of agri-based products throug h development of marketing initiatives and 
infrastructure, the creation of a more facilitat ive policy environment and the development of 
fisheries management infrastructure.  (ii) Tourism: 
 
Trinidad and Tobago has undertaken to diversify  its tourism industry into the area of eco-
tourism.  This will be pursued primarily thro ugh the development of a community based eco-
tourism industry.  The creation of this industry w ill be facilitated by the training of communities 
in the sustainable management of eco-systems, th e creation of international partnerships and the 
development of community based tourism enterprises. 
 
(iii) Financial Services: 
 
The main goal of the Vision 2020 policy will be  to support/catalyse the sustainable development 
of the financial sector.  This will be achieved by a more effective regulation, monitoring and 
management of the financial sector.  A major goal of such an initiative would be to build the 
Human Resource Base within the i ndustry to support the development initiatives of the sector.  A 
critical aspect of such an initiative would also  be to build Information Architecture to support 
institutional requirements in an efficient and ef fective manner and to ensure the competitiveness 
of financial institutions by adopting measures and benchmarks to support sustainable growth 
objectives. 
 WT/TPR/M/151/Add.2 
Page 32  
 
(iv) Traditional Manufacturing: 
 Trinidad and Tobago recognizes that non-energy based competitiveness is required in our manufacturing sector to adequately sustain the level of economic activity required to achieve 
Vision 2020 developmental goals.  In this regard a nd further to the realization that preferential 
trading regimes are giving way to reciprocal  regimes, the Vision 2020 policy focuses on the 
strengthening of institutions necessary to the conduc t of trade as well as those that are critical to 
the development of entrepreneurial and innovative activity.  (v) Technology Based Industrial Sector: 
 
The Vision 2020 policy recognizes that technology is essential to the creation of a developed society and that more importantly appropriate use of suitable technology is a key component in developing a competitive economy.  In this re gard, the Vision 2020 policy will develop policies 
and incentives to ensure technology acquisiti ons and usage by firms and individuals.  The 
implementation of the information technology programmes and projects will be accelerated.  
Trinidad and Tobago will further expand the use and appreciation of technology within the educational system, the government and the busin ess environment and to fully integrate ICT and 
computer technologies into the daily lives of the populace. 
 (vi) Small Business Sector: 
 
The Vision 2020 policy will take into account the lack of competitiveness of many of the 
enterprises, most of which represent a significant degree of employment within the economy.  As such the Vision 2020 policy, through community based initiatives regarding entrepreneurship 
training and skills development programmes, is facilitating the development of increased 
knowledge and innovative capacity within manufacturing oriented small businesses. 
 
2. Table I.5 shows the balance of payments for the period 1999-2004. According to it, the surplus 
in the services sector has significantly increased in  2004, especially for transportation and travel 
services, which rose, respectively from US$85 million (2003) to US$245 million (2004) and from US$142 million (2003) to US$332 million (2004).  Could Trinidad and Tobago please explain how 
such outstanding progress in the servi ces trade surplus was obtained? 
 
Generally, improvements in a country’s trade in an y given sector can be caused by such factors 
as:  
 Autonomous demand trends  
 Market upheavals  
 Developments in merchandise trade that impact on related producer services  
 Changes in industry international competitiveness 
 Travel inflows increased as a result of an expansio n by approximately 10% in visitor arrivals and 
an increase in the average daily vi sitor expenditure of 18%.  In particular, there was a significant 
growth in business visitors and visitors staying at private homes.  On the transportation account, credit increased by US$61.3 million or 25% while debits fell by 
US$98.4 million or 61% giving rise to the overall increase of US$159.7 million or 187.4%.  
Transportation credits were related to the increase in visitor arrivals as well as higher earnings 
from port activities on account of significant growth in imports and exports. 
 
3. It is stated that “Trinidad and Tobago launched the Vision 2020 Planning Exercise in 2002 
with the strategic focus of promoting a high level of human development and standard of living “.  
Also, a special Committee has been established to di rect the planning exercise and prepare a National          WT/TPR/M/151/Add.2 
Page 33 
 
 
Strategic Development Plan.  In this context, wh at are the economic initiatives envisaged in order to 
implement this planning?  Could Trinidad and T obago provide an assessment of the progress achieved 
so far? 
 
These initiatives are complemented by a programme  of reform of the legislative and regulatory 
framework. 
 The plan has been agreed to by the Cabinet and is being rolled-down for implementation by the 
various Ministries and Government Agencies. 
 4. Does Trinidad and Tobago consider, in th e new Investment Legislation current under 
elaboration, the liberalization of foreign direct  investment in water production and distribution? 
 
There are no plans at this time to allow foreign direct investment in the distribution of water. 
However, there has already been so me degree of liberalization in the industry, as is evidenced by 
the establishment of the Desalination Company of Trinidad and Tobago Limited which is 
majority foreign owned. 
 
5. Brazil and Trinidad and Tobago signed a pref erential trade agreement in June 2001, which 
covers approximately 300 products.  In the view of Trinidad and Tobago, what are the prospects for 
this agreement coming into force? 
 
The agreement was signed in June 2001, subject to  the approval by the COTED, in keeping with 
our commitments under Article 80 of the Revise d Treaty of Chaguaramas.  Instead CARICOM 
as a whole has commenced discussion with a view to entering into negotiations with MERCOSUR towards a Free Trade Agreement.  It is expected  that the conditions in the proposed agreement 
will supersede those that were includ ed in the Partial Scope Agreement . 
 6. It is stated that, in January 2000, the gran ting of allowances under the Corporation Tax No. 14 
of 1976 was eliminated. Under the Act, “an export allo wance, in the form of a tax credit was granted to 
locally incorporated companies for exports to non-CARICOM countries of locally manufactured products, services and agricultural products.”  H as the Act been replaced by other mechanisms? 
 
The Act has not been replaced by any new mechanisms. 
 
7. According to Chapter III, item 19, of WT/TPR/S/151, Trinidad and Tobago maintains 
preferential rules of origin.  In the event that a cer tificate of origin is required from exporting countries, 
what authorities would be responsible for issuing it? 
 
The Certificate of Origin is issued by the Tourism Industrial Development Company Limited 
(TIDCO Ltd). 
 
8. According to the Secretariat Report, the list of  products subject to surcharges has been trimmed 
gradually.  However, surcharges on the import of poultry and sugar are still in place and, as a result, the 
compound rate in some cases is higher than the boun d rate established during the Uruguay Round.  Are 
there any plans for the complete elimination of these surcharges?  
The Government of Trinidad and Tobago continues to monitor the tariffs and charges associated 
with these special products.  
9. According to paragraph 61, the import prohibition list includes unrefined sugar not 
manufactured in Trinidad and Tobago, which can  only be imported with the permission of the 
President.  Since unrefined sugar does not seem to  meet the conditions that would justify import WT/TPR/M/151/Add.2 
Page 34  
 
prohibition (moral issues, security, and prevention of diseases, curbing smuggling), could Trinidad and Tobago inform whether it intends to eliminate sugar from the mentioned list?  
As indicated in the Report, this legislation is dated and is being considered for review. 
 
10. As regards Chapter III, item 63, of WT/ TPR/S/151, could Trinidad and Tobago provide 
information on the administrative costs of the licensing process?  
The licensing process is administered by a lean department within the Ministry of Trade and 
Industry and the average turn-around time is 48 hours.  There is no financial data on the 
administrative procedure costs of the licensing process.  
11. According to the text, “the Service Policy is aimed at protecting the export service provider 
against payment failure by the overseas customer due  to unforeseen commercial or political risk.  
Services covered by this policy include engineering,  information technology, advertising, training and 
music production.  Coverage is set at 95% of th e insured shipment.”  Could Trinidad and Tobago 
provide more information about the measures taken to assist the above-mentioned sectors? 
 
In previous times, insurance coverage was limited to the goods sector.  With the growing 
importance of the services sector, insurance cover age has been extended to this area.  The four 
areas identified are areas target ed for growth by the Governme nt of Trinidad and Tobago and 
are areas in which we believe there will be a competitive advantage.  
12. Regarding the Telecommunications Sector, the Secretariat Report states that “ the market may 
only be completely liberalized as from 1 July 2005,  since the Telecommunications Act allows for all 
rights and obligations under th e Telephone Act, which include exclusive license to TSTT 
(Telecommunication Services of Trinidad and Tobago Limited), to remain in force for one year after 
entry into effect of the Telecommunications Act” .  This act is aimed at transforming a virtual 
monopoly, in which TSTT is the principal provider of telecommunication services, into a competitive environment. What are the prospects for liberalization now that the July 1
st deadline is passed? 
 
The exclusive license granted to TSTT in 1989 di dn’t include the market for mobile services but 
rather land lines.  Therefore, liberalisation began in  the market for mobile services with the 
granting of licenses to two new service providers  in June 2005.  Additional licenses to two (2) 
additional mobile providers, five (5) additional international providers and two (2) additional cable television operators are being considered.  
An interconnection or sharing relationship is being negotiated between TSTT and the new 
providers. 
 
13. What have been the benefits of the reform in the Tourism Development Act? 
 
The reforms in the Tourism Development Act wa s assented to by The President in the third 
quarter of 2005.  When the impact of this legislation is felt, it is anticipated that the reforms 
would have facilitated the development of th e Sector by making it more responsive and 
competitive. 
 
MEXICO
 
 
IV. COMMERCIAL POLICIES, BY SECTORS  -  1) SERVICES  
1. In paragraph 4 it is indicated that in June 2005 Trinidad and Tobago presented its initial offer 
for services in which it included commitments to ope n the communication sector in the four modes of 
supply of services, nevertheless, in financial services it maintains those already reflected in the GATS.           WT/TPR/M/151/Add.2 
Page 35 
 
 
What is the reason why there has been no major opening in financial services if it is one of the principal 
sectors?  
The domestic financial sector is already subs tantially open.  There is  no market access or 
national treatment restrictions to entry of foreign banks. 
 
As domestic legislation in the financial servi ces sector is strengthened and the appropriate 
supervisory and institutional structures are put in place, it is envisaged that Trinidad and Tobago will be in a better position to schedule commitments in the multilateral negotiations taking into account the regional policy on fina ncial services which is currently being examined. 
 
IV. COMMERCIAL POLICIES, BY SECTOR   -  1) SERVICES  ii) Financial Services 
 
2. The commercial banks have been predominan t in the financial market, nevertheless, non-
banking financial institutions have played a significant  role in the financial sector.  Specifically what 
are the principal legislative measures incor porated in the White Paper? (paragraph 9).  
 
Those non-financial institutions, which are li censed under the Financial Institutions Act 1993 
(FIA 1993) have grown in importance, especially in the area of deposit taking and credit allocation.  
In general, legislative proposals which are made  in the White Paper are intended to ensure that 
Trinidad and Tobago’s laws are consistent with international best practices and the Basle Core 
Principles.  Specifically, the major focus of th e FIA amendments has been on the supervisor 
system, the supervised entities and on prudential requirements.  It is to be indicated that amendments are also being introduced to the Securities Industries Act 1995 (SIA) as both banks 
and non-financial institutions are also subj ect to the SIA in the area of securities. 
 In 2004, the Insurance Act (1980) was amended to  transfer supervisory responsibility for the 
insurance industry and pension funds to th e Central Bank of Trinidad and Tobago. 
 
In developing the proposals for the amendments to the FIA 1993, consideration was also given to 
upcoming proposals for amendment in the SIA 1995, the IA 1980 and the Companies Act 1995.  
IV. COMMERCIAL POLICIES, BY SECTOR  -  1) SERVICES   ii) Telecommunications 
 
3. In the Telecommunications Act 2001 (parag raph 46) are a regulatory framework and the 
formulation of a privatization and competitiv eness policy being considered for the sector? 
 
Yes.  A comprehensive regulatory framework is currently being drafted and finalization is 
expected by March 2006.  
 
IV. COMMERCIAL POLICIES, BY SECTOR  -  1) SERVICES    ii) Tourism 
 
4. Paragraph 82, in the GATS Trinidad a nd Tobago only committed in hotel and resorts 
construction, hotels management and tour operators.  Nevertheless, given the thrust in the tourism 
industry, Mexico is interested to know whether ther e will be the opening up of such other subsectors as 
travel agencies and organization of group trav el, youth hostel services and seasonal camps, motel 
services in which no commitments are made.  
 
This sector is currently being reviewed and discussions being undertaken with stakeholders to 
determine the additional commitments to be made in this area during this Round of negotiations. 
 WT/TPR/M/151/Add.2 
Page 36  
 
5. Would Trinidad and Tobago be interested in  receiving technical assistance from Mexico in 
such areas as maritime tourism, business and conven tion tourism, in order to benefit, in which our 
country is achieving satisfactory results?  
Trinidad and Tobago is interested in receiving  technical assistance from Members. In this 
instance, the offer by Mexico is particularly opportune, as the Maritime and Yachting Sectors 
have been targeted for further development.  We therefore welcome the offer and hope that an appropriate mechanism can be put in place to realize the cooperation as soon as possible. 
 
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