WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  WT/TPR/M/242/Add.1 
8 March 2011 
 (11-1164) 
Trade Policy Review Body 
18 and 20 January 2011 Original: English/ 
 anglais/ 
 inglés 
   
TRADE POLICY REVIEW 
JAMAICA 
Record of the Meeting
 
Addendum  
Chairperson:  H.E. Mr. Bozkurt Aran (Turkey) 
 This document contains the advance writte n questions, written follow-up questions, and 
replies provided by Jamaica.1 
__________________________________________________________________________________ 
 
Organe d'examen des politiques commerciales 
18 et 20 janvier 2011 
 
EXAMEN DES POLITIQUES COMMERCIALES 
JAMAIQUE 
Compte rendu de la réunion  
Addendum  
Président:  S.E. M. Bozkurt Aran (Turquie) 
 Le présent document contient les questions  écrites communiquées à l'avance, les questions 
complémentaires écrites, et les réponses fournies par la Jamaique.1 
__________________________________________________________________________________  
Órgano de Examen de las Políticas Comerciales 
18 y 20 de enero de 2011 
 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
JAMAICA 
Acta de la reunión
 
Addendum  
Presidente:  Excmo. Sr. Bozkurt Aran (Turquía) 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, las 
preguntas complementarias escritas, junto con las respuestas facilitadas por Jamaica.1 
                                                      
1  In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/242/Add.1 
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  REPLIES PROVIDED BY JAMAICA TO ADVANCE QUESTIONS 
INDIA'S  QUESTIONS  
SUMMARY 
Para 1.  During the review period, Jamaica h as continued to struggle with a narrow production 
structure and vulnerability to extern al climatic and economic shocks. 
Question 1. What are Jamaica's plans to broaden production base and insulate from external 
shock? 
Response  
Jamaica is a highly open economy which depend s significantly on trade for job creation and 
economic growth and is therefore very susceptible to developments that occur in the economies 
of our main trading partners.  Under its Nati onal Development Plan and National Export 
Strategy Jamaica is seeking to implement program mes which will enable the country to broaden 
its production base and withstand and recov er more rapidly from external shocks. 
Para 3.  Jamaican exports have continued to stagna te indicating that there are long-standing structural 
problems in the economy, which the incentive programmes can only partially alleviate. 
Question 2. What are Jamaica's concrete plans to promote export particularly post 2015 phase?  
Response  
With the phasing out of the current stock of ex port incentives by 2015, greater focus will be on 
initiatives to support export diversification and facilitation.  Accordingly, policies and 
programmes for institutional support, trade promot ion, provision of information, standards and 
quality development, innovation, technology, br anding and entrepreneurship will be pursued.  
Complementing this will be ongoing implemen tation of reform measures to improve the 
business climate and access to export markets. 
Para 6.  A critical area is the adjustment and reve nue implications arising from the implementation of 
such trade agreements. 
Question 3. Has Jamaica undertaken any study to assess the quantum and impact of such 
implications and how does Jam aica plan to address them? 
Response  
The Ministry of Foreign Affairs and Foreign Trade in consultations with the Ministry of 
Finance and the Public Service has examined  the issue of revenue loss through trade 
liberalization.  There are two options for add ressing loss of revenue which are increasing 
internal taxes and increasing production.  Further  increasing internal taxes, in Jamaica's case, 
may not be an option e.g., increasing the ge neral consumption tax, which now ranges from 
17.5% to 25%.  Nevertheless, Jamaica is in the process of reforming its tax regime.  To address 
this issue of revenue loss, Jamaica is placing emphasis on increasing production and exports of 
goods and services to increase revenues. 
Para 12.  Limited ability to meet international quality standards is a significant challenge for 
exporters, in particular in the agri-processing subsector.  Jamaica has the relevant legislative and WT/TPR/M/242/Add.1 
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  institutional framework for quality, standards, and other requirements but the timeliness and 
consistency of the service delivery is hampered by, inter alia :  high costs and variable quality of some 
basic services, such as product testing and certifi cation, by the private sector;  high costs of 
implementation of international standards;  and the n eed for food exporters to contend with a range of 
testing and laboratory services that reside in multiple agencies. 
Question 4.  We would appreciate Jamaica shar ing its specific plans to address this situation 
which will enable the country to expand its market share and improve trade-r elated infrastructure's 
capacity to respond to the needs of the exporters. 
Response  
The Government recognizes the need to: 
− strengthen the agriculture sector's surv eillance and monitoring mechanisms; 
− strengthen its inspection and control systems; 
− improve production and productivity;  and 
− establish a credible marketing infrastructure. 
With a view to addressing these concerns the Government has established the "Agricultural 
Competitiveness Programme".  The Agricultur al Competitiveness Programme (ACP) will be 
financed by a US$15 million loan from the Inter American Development Bank (IDB). 
The overall objective of the Program is to support the development of a modern, efficient, 
internationally competitive and sustainable agric ultural sector which will open domestic and 
international market access and o pportunities to Jamaican products. 
The Programme will include three components: 1.   Implementation of a system to support market development The objective of this component is to support th e Ministry of Agriculture and Fisheries (MOAF) 
of Jamaica in the development of a nation-wid e marketing support system that will facilitate 
farmer's access to competitive value chains and to national and international markets.  The 
Agricultural Information System contemplates a state-of-the-art capacity to generate and 
disseminate information about market conditions, input and output prices, costs of production, 
supply and demand trends, market opportunities, trade regulations, and international 
standards, among others, as well as targeted rese arch on domestic and international markets to 
assess the relative competitiveness of Jamaican products and to identify economically sound 
opportunities for public investment and private/pub lic partnerships.  This component will also 
support the conformation of marketing organizat ions, involving a diverse range of producers;  
and the strengthening of marketing skills and ma nagement capacities to integrate farmers into 
value chains. 
2.   Implementation of quality management systems The purpose of this component is to consolidate the strengthening process of food safety, animal 
health and plant health systems, promoting in particular the adoption of standardized and verifiable processes that will enable farmers to  meet established technical requirements for the 
local market, European Union and United States markets.  WT/TPR/M/242/Add.1 
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  In particular, this component will contribute to:  (i) strengthening the policy, legislation, and 
institutional framework for animal health, plant he alth and food safety;  (ii) improving relevant 
public infrastructure, such as laboratories a nd abattoirs;  (iii) harmonizing the Good 
Agricultural Practices (GAP) protocol and traceability systems, including building human 
resources, training and management capacity relat ed to the adoption and application of GAPs 
and traceability;  and (iv) validating GAP pr otocols and traceability system through their 
adoption in pilot cases, in particular root crops , fruits, vegetables, cattle and small ruminants. 
3.   Promotion of private investments in competitive, sustainable enterprises 
Under this component MOAF will strengthen the Agro Investment Corporation (AIC), which is 
the arm of the MOAF, set up to promote investments in the agricultural sector.  The AIC is expected to provide services to the investor th rough all the stages of the investment process, 
from the preparation of the business plan up to the implementation of specific projects.  Specifically, the objective of the component is to increase the level of investments and initiatives 
designed to:  (i) adopt new technologies to raise farm productivity;  (ii) to set up competitive 
enterprises with market access plans;  and (iii)  to foster innovative marketing approaches, 
among others.  Cost sharing mechanisms and fina ncial sustainability criteria will be essential in 
the design.  Also, adequate incentives will be imbedded for land regularization, access to credit 
markets and insurance mechanism. 
EU'S QUESTIONS 
I.   ECONOMIC ENVIRONMENT 
(2)  Main Macroeconomic Developments Affecting Trade (i)
  Fiscal Policy 
WTO Secretariat's report, page 4, para. 13 
The Secretariat's report states that "[…] The Governme nt is to examine and justify the various waivers 
and tax incentives in place in order to quantify th eir costs and macroeconomic impact including on 
revenue, debt investment, and growth.  It has a nnounced that it will prepare and announce a strategy 
for the reform of tax incentives by December 2010. […]". 
1. Could Jamaica confirm if the strategy for th e reform of tax incentives was finalised, as 
announced, by December 2010? 
Response  
The waiver and incentives policy and strategy are still to be finalized and a new timeline is to be 
established.  However an interim waiver polic y and incentives strategy is being applied. 
(iii) Trade competitiveness WTO Secretariat's report, page 5, para. 18 
The Secretariat's report states that "[…]As part of the fuel diversification and infrastructure 
modernization strategy, the Government has recently  introduced liquefied natural gas (LNG) as the 
fuel of choice for the diversification of the country 's energy source.  According to the authorities, the 
use of LNG is expected to significantly reduce the co st of energy/electricity and have a positive effect 
on the country's competitiveness, and is being targeted  for the next set of electricity generators." WT/TPR/M/242/Add.1 
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  2. Could Jamaica confirm if the d ecision to move to LNG to diversify and lower the cost of 
energy sources is to be considered as fi nal, with well-identified sources of supply?  
Response  
The Government of Jamaica (GOJ) is pursuing th e introduction of LNG as a major fuel, first 
for the generation of electricity, and later for use in the road transport sector and other sectors 
of the economy.  In this regard, the GOJ aims to  secure firm contracted supplies of LNG.  It is 
expected that this objective should be achieved during the 2011 calendar year. 
II.  TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES 
(2)  Trade Policy Formulation and Implementation 
(i)  General institutional and regulatory framework 
WTO Secretariat's report, page 13, para. 8 
The Secretariat's report states that "[…] The one-s top shop for trade and business-related processes is 
administered by the Ministry of Industry, Invest ment, and Commerce.  Slated for implementation by 
the end of 2010, the facility will be housed within JAMPRO and is designed to reduce the processing 
time and costs associated with  doing business in Jamaica." 
3. Could Jamaica confirm if the one-stop-s hop was housed within Jamaica Promotions 
Corporation (JAMPRO) before the end of 2010, as foreseen? 
Response  
This deadline was not realized.  The one-stop shop will be ready by the end of the current 
financial year i.e. March 2011. 
(ii)  Trade policy framework WTO Secretariat's report, page 14, para.11 
According to the Secretariat's report "[…]Studies unde rtaken by the Ministry of Foreign Affairs and 
Foreign Trade found that Jamaica has underutilized its preferential trade agreements and that "market 
access, negotiated with great effort, has often yi elded little real benefits" in terms of market 
penetration and improvements in exports and the balance of trade in both goods and services.[…] 
4. Could Jamaica elaborate on the causes that lead the studies undertaken by the Ministry of 
Foreign Affairs and Foreign Trade to the c onclusion that "market access, negotiated with 
great effort, has often yielded little real benefits "? 
Response
 
In reviewing Jamaica's performance under the vario us trade agreements to which the country is 
a party or beneficiary, the trade statistics indica te that exports have not increased significantly, 
while imports have steadily increased leading to si gnificant trade deficits.  Jamaica's supply side 
constraints and issues of competitiveness have been contributing factors to Jamaica's inability 
to increase exports. 
Jamaica is aiming through the National Develo pment Plan and the National Export Strategy 
and with contributions through aid for trade an d other forms of capacity building measures to 
address the constraints.  WT/TPR/M/242/Add.1 
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  WTO Secretariat's report, page 15, para.15 
According to the Secretariat's report, Jamaica' s 2009 National Export Strategy aims, amongst other 
things, to "[…] achieve greater diversification of the export sector by attain ing higher value added in 
priority sectors including professional services and creative industries;  […]". 
5. Have initiatives already been launched to promot e such diversification through the export of 
professional services? 
Response  
Various initiatives to support and promote diversit y of exports, particularly export of services, 
have been implemented and include but are not limited to: 
(1) programmes and strategies in education such as those that will improve the range and 
quality of programmes that are offered by tertiary institutions thereby providing 
suitably trained personnel for export of services; 
(2) the establishment of a coalition of services providers is being completed; 
(3) various mechanisms for the creative industr ies to increase contribution to the GDP; 
(4) steps taken towards the formation of an ICT industry association which will include 
approximately 60% of the firms in the country; 
(5) building capacity in key agencies to provi de assistance and guidance to the services 
industry;  and 
(6) hosting workshops with key service professionals such as Architects and Engineers and 
other professional associations.  Opport unity has also been provided, through 
engagement in consultative processes in the negotiation of trade agreements, to advance 
the countries interest in improving its services export pool. 
(3)  I NTERNATIONAL TRADING RELATIONS  
(ii)  CARICOM and related agreements (b)  Bilateral agreements between CARICOM and other countries 
WTO Secretariat's report, page 19, paras 38 and 40 The Secretariat's report gives an overview about th e preferential free-trade ag reements, which Jamaica 
has signed through its membership of CARICOM. 
6. Could Jamaica explain the reasons why it has not yet implemented the FTAs with the 
Dominican Republic and Costa Rica? 
Response
 
Jamaica is fully committed to the implementati on of its obligations under all agreements which 
the Government has signed. 
The CARICOM/Dominican Republic Agreement is  being applied through administrative 
measures.  Further negotiations and technical work are required. WT/TPR/M/242/Add.1 
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  For the CARICOM/Costa Rica Agreement action is  being taken to complete the legislative 
amendments required to forma lly implement this agreement. 
(4) F OREIGN INVESTMENT REGIME  
WTO Secretariat's report, pages 22-23 
7. Could Jamaica confirm that economic activity undertaken in relation to new or existing 
investment respects Jamaica's nati onal labour law, fundamental rights  at work as set out in the 
ILO's 2008 Declaration on Social Justice for a Fair Globalisation and the eight core ILO 
Conventions (nos. 29, 87, 98, 100, 109, 111, 138 and 142)? 
Response  
Yes. 
8. Could Jamaica explain how it ensures that these rights are respected in practice? 
Response  
The Ministry of Labour and Social Security in  collaboration with JAMPRO ensures that these 
rights are respected by initially advising the fo reign investors of what our laws require when 
they commence economic activity .  During the period which the investor operates within 
Jamaica, the members of the Labour inspectorat e visits the workplaces and examine records 
and surroundings and where necessary interview empl oyees.  This is to ensure that the investor 
is operating within the ambit of the law.  If breaches in the laws are found, employers are 
advised and given an opportunity to make the rel evant changes.  If this course does not produce 
results then prosecution is considered.  Also from time to time seminars are conducted to 
further sensitize the investors of the provisions of national labour laws. 
(5)  A ID FOR TRADE  
(i)  Overview (ii)  Mainstreaming trade into national development strategies 
WTO Secretariat's report, page 24, para. 60 and page 25, para 69 
The EU is the only donor providing significant su ms of grant funded budget support.  Jamaica 
received €48m in budget support from the EU in 2 009, and a further €67m in  2010.  Funding was 
principally linked to three separate programmes (i) Debt reduction and growth enhancement, 
(ii) Security and justice reform, and (iii) Suppor t to the sugar industry (financed from the EU's 
Accompanying Measure for Sugar Protocol (AMSP) countries). 
9. Could Jamaica describe how useful these progra mmes' conditionalities have been in achieving 
policy aims, and how the funds have been used , and confirm if budget support remains a 'key 
priority for the effective delivery of aid'? 
Response
 
Jamaica regards budget support as a useful and sustainable method of development assistance, 
which represents a more mature form of cooperation  with those IFIs which provide this type of 
assistance.  Generally, budget support has led to less duplication of systems and processes and 
has encouraged deeper policy dialogue with IFIs,  while promoting the essential principle of  WT/TPR/M/242/Add.1 
 Page 9 
 
 
  country ownership.  The instrument has acted as  a vehicle to assist Jamaica in maintaining 
focus on its own reform agenda. 
The EU/Jamaica Country Strategy has fostered an increased focus on the policy framework 
governing the security, justice, sugar and road sect ors.  The intensity of the sustained focus on 
these sector policies would likely not have been at the same level without the use of sector 
budget support, given Jamaica's very limited fiscal resources. 
The use of general budget support in conjuncti on with these sector support programmes has 
also been highly beneficial towards strengtheni ng the domestic capacity to fulfil the general 
eligibility conditions related to public financial management and stability-oriented 
macro-economic policies.  Key po licy reforms such as implementation of a fiscal responsibility 
framework (FRF), updated debt le gislation, tax reform, and adoption of International Public 
Sector Accounting Standards are being supported .  In this way, the use of general budget 
support has effectively assisted in improving do mestic accountability and sustaining the pace of 
implementation of reforms in the face of  severe fiscal constraints being experienced. 
Notwithstanding the usefulness the budget support  modality, it has placed significant demands 
on the budget and on the already weak capaciti es of Government agencies to meet the many 
conditions.  Additionally, the predictability of  the resources is sometime s compromised as there 
have been instances where unrealistic scheduling of conditions has resulted in a deferral of disbursement of resources, negatively aff ecting the Government's economic programme. 
(iii)  Supply side and infrastructure constraints 
(a)  High debt burden 
WTO Secretariat's report, page 26, para. 72 
The EU's Debt Reduction and Gr owth Enhancement Programme (D RGEP) of general budget support 
was formulated in 2008, preceding the IMF Stand-By Arrangement  (SBA). 
10. Could Jamaica explain the extent to which programmes such as these facilitate access to 
multilateral financing and/or the achievement of related policy goals? 
Response
 
Programmes such as the Debt Reduction and Growth Enhancement Programme (DRGEP) have 
in fact contributed to Jamaica's access to multilateral financing from the International 
Monetary Fund (IMF).  In negotiating the Sta nd-by Arrangement (SBA), the Government was 
able to highlight key reform activities that are supported by the DRGEP and other budget 
support programmes, which were used to inform  the targets that were eventually agreed upon 
with the Fund.  The result is a very strong  congruence between the DRGEP and the SBA. 
Additionally, policy reform activities supported under the DRGEP such as the development and 
implementation of the fiscal responsibility framew ork, tax reform and updated debt legislation, 
among others, directly support the quantitative targets of the SBA. 
Finally, to the extent that policy-based loans agreed with other multilaterals such as the 
Inter-American Development Bank and World Bank are similarly focussed on fiscal and public 
financial management, albeit with different areas of focus, progress under each of the 
programmes facilitate overall acces s to multilateral financing. WT/TPR/M/242/Add.1 
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  The use of budget support and policy-based loan s are strongly related to the achievement of 
related policy goals.  As previously mentioned, the intensity of this sustained focus on the 
supported policies would likely not have been at the same level without the use of budget 
support and policy-based loans, given Jamaica's very limited fiscal resources, and particularly 
in light of the fiscal containment measures currently being implemented under the Stand-by Arrangement with the Int ernational Monetary Fund. 
(b)  Trade-related infrastructure WTO Secretariat's report, page 26, para. 73 
According to the Secretariat's report, the trade-rela ted infrastructure, especially improvement of road 
infrastructure, is a priority to Jamaica. 
11. Could Jamaica explain how the Jamaica Develo pment Infrastructure Programme will impact 
upon trade-related infrastructure? 
Response
 
The implementation of the Jamaica Developm ent Infrastructure Programme (JDIP) is one 
manifestation of the Government's commitment to the development of the road infrastructure 
as a priority development indicator as outlined in the National Transport Policy and Road Maintenance Master Plan.  It is a strategic step  forward in realizing the national development 
goal to make Jamaica "the place of choice to liv e, work, raise families, and do business", as per 
our National Development Plan:  Vision 2030.  It allows for the integration of the road transport 
infrastructure as a key tool in the country's de velopment strategy, by recognizing the synergies 
between road infrastructure development and th e growth in investment and business capacity. 
As such, it provides the catalyst for the inte gration and mainstreaming of trade into the 
country's development agenda through the develo pment of critical economic or trade-related 
infrastructure that promotes interconnectedness and linkages to other sectors of the economy.  
Some of the linkages and projected residual impacts of the Programme include employment 
creation, development and maintenance of key in frastructure, increased road network capacity, 
and the likely development of secondary and associ ated industries along the network, in areas 
such as community tourism, agro-business, and other micro, small and medium enterprises (MSME).  These will also encourage increased inv estment in key areas, while expanding the 
development potential for telecomm unications, energy, water, storage and logistics, distribution 
and export across all sectors of the economy. 
Within this scope, the development of roads as a means of facilitating efficient trade operations 
and economic activity is achieved through the id entification and prioritizing of a core road 
network that is linked to, and promotes, other critical economic infrastructure.  The implementation of JDIP enhances this road-inf rastructure-transportation-trade nexus through 
the development of a number of key trade and transportation corridors, and the improvement 
of associated service-driven infrastructure. 
The JDIP initiative also falls within the broad er multi-modal transport vision to create greater 
connectivity between key trade and transportation  points, and employs an integrated approach 
to ensure greater coordination in the developmen t of infrastructure to include plans for rail 
transport, agriculture development, tourism de velopment, manufacturing expansion, among 
other things.  WT/TPR/M/242/Add.1 
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  III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2)  M EASURES DIRECTLY AFFECTING IMPORTS  
(i)  Customs 
(a)  Procedures 
WTO Secretariat's report, page 30, para. 6 
According to the Secretariat's report, a certificate of origin is among the list of compulsory documents 
required to import goods. 
12. Could Jamaica confirm if this means that su ch a certificate also has to be presented for 
non-preferential imports? 
Response  
No, it is not required. 
13. Could Jamaica explain the requirements for the certificate of origin and state on which basis 
the origin is established? 
Response  
The certificate is only required when preferenti al duty rates are being claimed for the clearance 
of goods. 
(ii)  Tariffs and other duties and charges 
(b)  MFN tariff structure 
WTO Secretariat's report, page 35, para. 24 
The Secretariat's report states that, "The 2010 simp le average applied MFN tariff is 9.4%, up from 
8.6% in 2004 (Table III.5), which may be due pa rtly to changes that occurred when the HS 
nomenclature was transformed to HS 2007. […] ". 
14. Could Jamaica explain why the tariffs have increased with a change of nomenclature?  
Response  
 Based on the tariff data available, the simple average applied tariff rate for 2004 was 
about 9% compared with 9.4% for 2010.  The si mple average tariff rate has remained relatively 
constant over the review period. 
The relatively small increase in the simple average tariff rate may be attributed to: 
1. A lowering of the number of tariff lines in the HS universe for Jamaica possibly due to 
changes in the HS. 
2. Increases in the tariff rates applicable to certain (luxury) items on 1 January 2010. WT/TPR/M/242/Add.1 
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  (e)  Other duties and charges affecting imports 
Stamp duties WTO Secretariat's report, page 39, paras 32 and 33 
According to the Secretariat's report "All imports en tering Jamaica are subject to a basic stamp duty of 
J$5 on goods up to a c.i.f. value of J$5,500 and J$100 above that level.[…]". 
15. Could Jamaica clarify if the cumulated duties a pplied on imports impinge on the tariff binding 
in Jamaica's Schedules for the corresponding goods?  (cf Art.  II GATT) 
Response
 
It is Jamaica's view that the application of the basic stamp duties of J$5 (US$0.06) and J$100 
(US$1.19) does not impinge on the tariff bindings in Jamaica's schedule. 
Fees WTO Secretariat's report, pages 39-40, paras 34-36 
According to the Secretariat's report, a Custom s User Fee, a Standard Compliance Fee and an 
Environmental Fee are calculated on an ad valorem  basis. 
16. Could Jamaica clarify if these fees are calculated as an approximate cost of the service 
rendered, as stipulated in GATT Art.  VIII?  
Response
 
These fees cover the cost of services rendered. Consumption taxes 
WTO Secretariat's report, pages 40, para. 38 According to the Secretariat's report, consump tion taxes are applied both on imported and domestic 
goods, however the calculation for imported and domestic goods differs significantly. 
17. Could Jamaica clarify if imports pay higher taxes than their locally produced competitive 
categories?  (cf. Art III GATT) 
Response
 
The Advanced Tax Credit was introduced in January 2010.  It is applied as an additional 
5 percentage points placed on top of the standa rd GCT rate of 17.5%, which effectively results 
in a GCT rate of 22.5% being applied to certain categories of goods and importers.  
The following are exempt from having to pay the higher rate: 
− Petroleum products as outlined in the second schedule to the GCT Act. 
− Capital goods as designated under the Customs Act. 
− Goods imported under the Deferment Scheme pursuant to Section 42 of the GCT Act.  WT/TPR/M/242/Add.1 
 Page 13 
 
 
  − Goods that are zero rated or exempt under the GCT Act. 
− Goods imported by persons who are not regis tered to collect GCT and already have the 
uplift GCT value applied for calculation. 
The additional tax paid at the port is "netted off" as the importer/tax payer is able to claim it as 
a credit against his tax liability when he files his GCT return each month. 
Effectively the tax paid by compliant tax pay ers on imports and domestically produced goods 
are the same.  
(3)  M EASURES DIRECTLY AFFECTING EXPORTS  
WTO Secretariat's report, pages 45-47 
18. Could Jamaica confirm what measures – if any – it  is taking to ensure that goods destined for 
export are produced in full respect of the fundame ntal rights at work as enshrined in the ILO's 
2008 Declaration on Social Justice for a Fair Globalisation and the eight core ILO Conventions?  
Response
 
The Ministry of Labour and Social Security has on staff a dedicated team of labour inspectors 
and occupational safety and health inspectors wh o police all workplaces inclusive of those which 
produce goods for export to ensure compliance with the ILO core conventions which Jamaica 
has ratified as well as the provisions of the ILO's 2008 Declaration on Social Justice for a Fair Globalisation. 
(v) Export free zones WTO Secretariat's report, page 47, paras 76-80 
According to the Secretariat's report, over 4000 peopl e are employed in a number of free-trade zones. 
19. Could Jamaica confirm if national labour laws, f undamental rights at work as enshrined in the 
ILO's 2008 Declaration on Social Justice for a Fair Globalisation and the eight core ILO 
Conventions also apply in free zones and free economic zones?  If not, why not? 
Response
 
Yes. 
(4)  M EASURES AFFECTING PRODUCTION AND TRADE  
WTO Secretariat's report, page 48 
20. Could Jamaica explain what it is doing to help its producers produce goods which are 
environmentally and socially sustainable? 
Response  
Jamaica encourages the adoption of good enviro nmental practices.  In a context of climate 
change matched with rising oil prices, produ cers are encouraged to retrofit to incorporate 
renewable energy systems to facilitate their energy needs.  The cost of these kinds of investment WT/TPR/M/242/Add.1 
Page 14 
 
 
  is sometimes prohibitive but steps have been take n to access funding on behalf of clients and to 
provide opportunities for enhancement of facili ties to meet good environmental and safety 
standards. 
The Ministry of Agriculture and Fisheries takes an Integrated Pest Management (IPM) 
approach and institute appropriate land husba ndry techniques to help producers produce 
goods which are environmentally and socially sustainable. 
Relevant workshops and seminars are also held annually to which produ cers are encouraged to 
attend. 
Specifically, Jamaica Promotions (JAMPRO) in association with its key partners and 
stakeholders has undertaken the following: 
− Development of a National Export Strategy which seeks to increase Jamaica's exports in 
line with these current global consumer demands for products which are more environmental and socially sustainable. 
− Hosting of sensitization workshops/seminars and seeking grant funding for the provision 
of technical assistance to local producers regar ding the adoption of global certifications, 
such as Fair Trade, ISO 9002, GAP, HACCP and the Green Globe Hotel Certification 
Programme.  Other initiatives include the provision of technical assistance to the aquaculture sector as it relates to the adopti on of biodiversity practices and to facilitate 
the establishment of the Jamaica Organic Agricultural Movement (JOAM). 
− Hosting of packaging workshops to sensitize manufacturers to new trends in packaging 
which emphasize both functionality and recycling.  
21. Similarly, could Jamaica explain how it is helping its producers to access niche markets 
overseas through adherence to voluntary sustainability standards (for example, Fair Trade, 
UTZ Certified, Global G.A.P.)? 
Response
 
The Bureau of Standards has developed the Certif ication in Agricultural Produce Programme.  
Under this programme, certification services are offered to farmers who use practices that 
conform to relevant Good Agricultural Practi ces (GAP), safety, quality and environmental 
standards and guidelines to produce crops for the local and export market.  Upon fulfilling 
these requirements, the farmers earn the right to u se the associated Mark.  It is the intention of 
the Bureau of Standards Jamaica to seek Global GAP equivalency status for this programme and to this end a submission has been made for financial and technical assistance under the 
impending EPA Capacity Building Project. 
Jamaica Promotions (JAMPRO) has hosted semin ars and workshops encouraging adherence to 
voluntary standards.  In 2010/2011 JAMPRO ho sted a Fair Trade Workshop in which key 
stakeholders in agricultural and other sectors participated.  These opportunities are facilitated by JAMPRO for clients and stakeholders on an ongoing basis.  WT/TPR/M/242/Add.1 
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  (iii)  Standards and other technical requirements 
(b)  Sanitary and phytosanitary measures 
WTO Secretariat's report, page 54, para. 109 
According to the Secretariat's report, "The Plan t Quarantine/Produce Inspection Unit of the Ministry 
of Agriculture is the WTO/SPS enquiry point.  It i ssues pre-entry import permits for all fresh fruit and 
vegetables, plants, and plant parts.  The products  under the import permit must be accompanied by 
certificates stating their phytosanitary condition.[…]". 
22. Could Jamaica confirm if an import permit is re quired for all plants and plant products, and if 
so, if the International Standard for Phytosanita ry measures, ISPM 20, point 4.2, will be taken 
into consideration? 
Response  
An import permit is required for all plants an d plant products.  This is in accordance with 
section 4 of the Plants (Importation) Control (Amendment) Regulations, 2005. 
23. Could Jamaica confirm, if, indeed, a phytosanitary certificate is required for all plants and 
plant products, and if so, if the International Standard on Phytosanitary Measures, ISPM 32, 
will be taken into consideration? 
Response  
A phytosanitary certificate is required for all pl ants and plant products as indicated on the 
import permit.  Consideration is given to the categorization of commodities according to their 
pest risk (ISPM No. 32). 
(iv)  Intellectual property rights 
(a)  Legal and institutional framework 
WTO Secretariat's report, pages 55 - 57, paras 113 – 119, incl.  table III.9 – Copyright and related 
rights 
24. Could Jamaica explain if its Copyright Act pr ovides protection for performers, producers of 
phonograms and broadcasting organisations in acco rdance with Art. 14 of TRIPS, and if it 
does, the duration of such protection? 
Response  
The Jamaican Copyright Act, 1993 provides protection in accordance with Article 14 of TRIPS, 
for performers (s.108-109, s.111) and producers  of phonograms (s.112-114).  Broadcasts are 
deemed works of copyright and authors of broadca st are given rights akin to copyright owners 
(s.6, s.9). 
The duration of protection for related rights is 50 years from the end of the calendar year in 
which the performance takes pl aces (s.129), the phonogram is made or, where it is made 
available to the public before the end of that peri od, 50 years from the end of the calendar year 
in which it is so made available (s.11) and 50 years from end of the calendar year in which the 
broadcast was made (s.12). WT/TPR/M/242/Add.1 
Page 16 
 
 
  WTO Secretariat's report, pages 55 - 57, paras 113 – 119, incl.  table III.9 – Patent law 
According to the Secretariat's report, the Jamaican  Patent Act provides protection for patents for 14 
years, extendable for a further seven years. 
25. Could Jamaica explain how this provision comp lies with Article 33 of TRIPS, according to 
which the duration of protection has to be for 20 years? 
Response  
The existing Patent Act is being amended a nd the new Patent and Designs Act will grant a 
patent for 20 years. 
26. Could Jamaica also confirm its conditions for extending protection for a further seven years? 
Response  
Section 3 of The Patent Act 1857 states inter alia :  "Provided, that it shall be lawful for the 
Governor-General, if he should deem it expe dient to insert in any such Letters Patent a 
provision extending the operation thereof for a further term of seven years." 
(b)  Enforcement 
WTO Secretariat's report, pages 57 – 58, paras 120 – 126 The Secretariat's report gives an overview of enforcement of IPR legislation. 
27. Could Jamaica confirm if its Customs Act incl udes provisions to prohibit imports of GIs and 
designs, and exports of copyrights, trademarks, GIs and designs in accordance with Art. 163 
(1) of the CARIFORUM – EU Economic Part nership Agreement (EPA)?  If not, could 
Jamaica state if it envisages amending the Customs Act accordingly? 
Response
 
No and there is no proposal presently to ame nd the Customs Act in accordance with that 
Agreement.  However, Section 50 of the Copyrigh t Act provides for prohibiting the importation 
of infringing copies of works under s.40 (xxii) of the Customs Act. 
28. Could Jamaica confirm if it envisages – in accordance with Article 44 of TRIPS – injunctions 
for trademarks, designs, patents and GIs? 
Response  
There are no specific provisions for injunctions however there are provisions that address the 
issue of infringing goods including Sections 32, 43 and 66 of The Trade Marks Act. 
29. Could Jamaica confirm if it envisages – in accordance with article 50 of TRIPS – provisional 
measures for patents, GIs and designs? 
Response  
The amended Patent and Designs Act will address this issue and the Protection of Geographical 
Indications Act is being amended and considerati on will be given to addressing this matter.  WT/TPR/M/242/Add.1 
 Page 17 
 
 
  IV.   TRADE POLICIES BY SECTOR 
(2) A GRICULTURE  
(ii) Institutional and policy framework  
WTO Secretariat's report , page 63, para. 19 
The Secretariat's report states that "[…] A draft Pl ant Health Policy was also developed to establish a 
coordinated, sustainable, and internationally comp liant plant health system that enhances Jamaica's 
plant health status [...]". 
30. Could Jamaica confirm if information on impor t requirements for plants and plant products, 
as well as a list of quarantine pests, will be ma de available, e.g. on the International Plant 
Protection Convention (IPPC) web page? 
Response  
These documents will be made available as s oon as the current review is completed. 
(5)  S ERVICES SECTOR  
(i)  Overview 
WTO Secretariat's report, page 78, para. 69, page 81, para. 81 and page 84, para. 96 
The EU recognises and welcomes the level of openness of the services sector. 
31. Could Jamaica confirm if it is consideri ng binding its current opening in the banking, 
telecommunications and air transport sectors in the DDA round? 
Response  
Jamaica is presently engaged in an in-depth review and consultation which will determine the 
scope of its services offer. 
WTO Secretariat's report, page 71, para. 50 
The Secretariat's report states that "[…] Insurance, where foreign ownership was limited, was 
liberalized in the WTO Negotiations on Financial Services, but Jamaica has not yet ratified the 
Fifth Protocol to the GATS.[…]". 
32. Could Jamaica provide an update on the progress of  ratification of the Fifth Protocol to the 
GATS (financial services)? 
Response  
Jamaica is committed to meeting its obligations under the WTO Agreement with respect to the 
5th Protocol to the GATS on Financial Services.  Action is being taken to ratify the Protocol. 
(v)  Transport 
(b)  Maritime transport 
WTO Secretariat's report, pages 85-86 
33. Could Jamaica explain how it ensures that  vessels listed on its shipping register: WT/TPR/M/242/Add.1 
Page 18 
 
 
  (a) do not engage in illegal, unreported and unregulated fishing; 
Response  
To minimize the likelihood of Jamaican Registered Fishing Vessels engaging in Illegal, 
Unregulated and Unreported fishing activities,  Jamaica does not accept applications for 
registration of fishing vessels for operation outsid e of Jamaican waters.  Other measures are the 
issuance of import permits;  inspection of catch es;  licenses and registration of vessels;  and the 
introduction of a catch certificate.  Additiona lly, there are plans to ensure that applications for 
registration of fishing vessels are received only via the Fisheries Division of the Ministry of 
Agriculture. 
The Jamaica Defence Force Coast Guard in its pa trol of Jamaican waters, ensures that all 
fishing vessels can demonstrate that they are duly certified for fishing in Jamaican waters.  
Inspectors from the Fisheries Division carry out routine inspections of catch and in the case of 
export fisheries, they use v essel monitoring systems to mo nitor the operations of vessels.  
(b) comply with Jamaica's labour laws and regula tions, as well as the relevant ILO Conventions 
relating to maritime workers;  and 
Response  
In 1998, the government passed the Shipping Act, which gives effect to the ILO Convention 147 
– Merchant Shipping (Minimum Standards) .  The primary aim of the convention is the 
improvement of efficiency and safety of marine  navigation, enhancing measures to protect the 
marine environment and advancing seafarers' interest s in the field of health and safety, working 
conditions and trade union rights, by adherence  to a uniform and acceptable international 
standard. 
Vessels which fall within the scope of the multila teral treaties governing labour standards which 
have been incorporated into Jamaican law are subject to regular surveys which are conducted 
on behalf of the Government of Jamaica by Rec ognized Organizations (Classification Societies). 
Additionally, annual inspections are conducted on  Jamaican ships which ensure that applicable 
labour standards are met. 
At the Maritime Authority of Jamaica, there is  a Registrar of Seafarers, appointed under the 
Shipping Act, with responsibility for matters p ertaining to the engagement and welfare of 
seafarers, including receiving and res ponding to seafarers' complaints. 
(c) respect Jamaica's relevant environmental la ws and regulations, as well as the relevant 
multilateral environmental agreemen ts that Jamaica has ratified? 
Response  
Adherence to marine pollution prevention reg ulatory requirements is monitored through 
Recognized Organizations as well as annual flag st ate inspections.  The Maritime Authority of 
Jamaica conducts annual flag state inspections on all convention sized Jamaican vessels to 
ensure the applicable marine pollution preventi on requirements are met by them.  All vessels 
are required to undergo an Annual Inspection with renewal of their Certificate of Registry.  
Ship-owners are also kept updated as to developm ents in the regulatory environment to further 
facilitate awareness and compliance.  WT/TPR/M/242/Add.1 
 Page 19 
 
 
  UNITED STATES' QUESTIONS 
SECRETARIAT REPORT (WP/TPR/S/242)  
I. ECONOMIC ENVIRONMENT 
(2) M AIN MACROECONOMIC DEVELOPMENTS AFFECTING TRADE  
(ii) Trade competitiveness 
Page 5, paragraph 17:   According to the Secretariat, "The Government is aware that increasing 
labour productivity is a critical means of enhanc ing international competitiveness… The Government 
attributes the low aggregate productivity performance to, inter alia :  … poor labour management 
relations… In an effort to remedy this situation,  the Jamaica Productivity Centre (JPC) is drafting a 
strategy document, aimed at increasing labour produc tivity, in consultation with the organizations 
representing workers and employers, with the objec tive of finalizing it in 2011…" What steps does 
the government anticipate taking to enhance inte rnational competitiveness by improving labour 
productivity and labour-management relations?  When does the JPC expect to issue its findings and 
will they be publicly available? 
Response  
II. TRADE AND INVESTMENT POLICY REGIME 
(2) T RADE POLICY FORMULATION AND IMPLEMENTATION  
(ii) Trade policy framework 
Page 14, paragraphs 12 and 13:   Please explain whether there are specific new programs linked to 
the "Vision 2030 Jamaica" national development plan  and Jamaica's "National Export Strategy".  If 
so, please describe them. 
Response  
Yes, there are a number of new programmes linke d to Vision 2030 Jamaica.  For example, the 
implementation of renewable energy projects as part of the thrust towards energy diversification;  and the development of Kingston  and the south coast as logistics centres with 
the projection for Jamaica to become a regional logistics hub with multimodal transport 
linkages. 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(ii) Tariffs and other duties and charges 
Page 37, paragraph 27
:  According to the Secretariat, "In 2010, MFN applied rates exceeded their 
bound levels for certain non-agricultural products for which the rates were bound before the Uruguay 
Round;  for some items the gap is over 10 per centage points...  Since these issues emerged 
pre-Uruguay Round, the Jamaican authorities rely on  information from the WTO as no such data is 
accessible within Jamaica."  What are Jamaica's plans to bring its duties into conformity with its tariff 
bindings? 
Response  
Jamaica is reviewing these tariff lines but believes that it would be best to address this issue in 
the DDA process. 
Pages 39-40, paragraph 35:   According to the Secretariat, "A Customs User Fee (CUF), is charged 
at a rate of 2% on the c.i.f. value of goods be ing imported, except for those exempted (e.g. raw WT/TPR/M/242/Add.1 
Page 20 
 
 
  materials and capital goods).  Regul ation 6C of the Customs Regula tion has been amended and a CUF 
of 5% is imposed on specific petroleum products..."  What services is Jamaica providing in return for 
these fees? 
Response  
The services are those provided by the Jamaica Customs Department as part of its general 
operations. 
The Customs Department is embarking on a pro cess of transformation into a semi-autonomous 
executive agency geared towards advancing it s modernization and improving the services 
provided. 
Pages 39-40, paragraph 35:   The Secretariat says that "...The Environmental Levy is set at 0.5% of 
the c.i.f. value of all imports;  these fees were inte nded to be used for the management of all types of 
waste that pose a threat to the environment."  Pl ease explain the Environmental Levy in light of 
Jamaica's WTO obligations regarding national treatment. 
Response  
This fee is within the rates bound in Jamaica's  schedules of commitments for goods and is not 
designed to accord unfair advantage to domestic goods. 
(iii) Import prohibitions, restrictions, and licensing 
Page 41, paragraph 42:   Jamaica bans imports of U.S. pork due to concerns about pseudorabies.  
There have been no reported cases of pseudorabi es in the United States since March 2003.  When 
does Jamaica intend to remove its im port ban on all U.S. pork products? 
Response  
There are on-going discussions between the compet ent authorities of both countries, i.e. the 
United States Department of Agriculture (USDA)  and the Ministry of Agriculture and Fisheries 
(MOAF) of Jamaica on SPS issues of concern to both parties. 
In addressing these issues of trade in animal produc ts, it is also necessary to take account of the 
OIE guidelines. 
(4) M EASURES AFFECTING PRODUCTION AND TRADE  
(i) Incentives 
Pages 48-49, paragraphs 82-87:   The Report mentions various incentive programs not covered in 
Jamaica's most recent notification (G/SCM/N/186/ JAM and G/SCM/N/192/JAM, dated 3 July 2009).  
Does Jamaica intend to notify these programs?  If not, why not? 
Response  
Incentives programmes are being reviewed and the notification of the revised programmes will 
be submitted upon completion of the review.   WT/TPR/M/242/Add.1 
 Page 21 
 
 
  (iv) Intellectual property rights 
Patents  
In response to questions for its 2005 TPR (WT/TPR /M/139/Add.1), Jamaica indicated that it intended 
to have legislation to provide TRIPS Art. 39.3 pr otection in place by the end of 2005.  Please provide 
an update on the status of the government's efforts. 
Response  
The draft of the bill has been completed and step s are being taken to have it enacted in 2011. 
Copyright  
Page 56, paragraph 117:   The Secretariat notes that "[c]onsultations on amendments to the 
Copyright Act, arising out of Jamaica's accession to  the WIPO internet treaties, which includes the 
WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, have been held with 
stakeholder interests since July 2008."  Please el aborate on the following questions related to ongoing 
copyright reform.  (1) What is the status of these c onsultations?  Has specific le gislation been drafted?  
Is such legislation residing within the government for further consideration, or is a specific piece of 
legislation pending before Parliament?  (2) Please summarize the major substantive issues that are 
involved in this consultation/reform effort, incl uding whether any points address any TRIPS-related 
obligations and the scope of oblig ations of the WIPO treaties that are being considered.  Please 
identify any specific issues which the government  finds to be particularly challenging or 
controversial, as evidenced by the co nsultations it has received to-date. 
Response  
Consultations have concluded and a draft Bill is being reviewed by JIPO, the Ministry of 
Industry, Investment and Commerce and the Atto rney-General's Department.  It is expected 
that the draft Bill will be before Parliament in this calendar year. 
No controversial issues pertaining to WIPO or TRIPS related obligations were encountered. 
Page 58, paragraph 125:   The Secretariat's report states that the Copyright and Related Rights 
Directorate has limited personnel, only one Mana ger/Attorney, and no Copyright Officer for the 
Directorate because of a government hiring freeze.  When does the government expect to lift the 
hiring freeze so that a Copyright Officer can be  hired for the Copyright and Related Rights 
Directorate? 
Response  
The hiring freeze is a result of the country's cu rrent economic situation and affects the entire 
public service.  The termination of the freeze t hus depends on improvement in the economy and 
will be signalled by the Ministry of Finance and the Public Service. 
JIPO has made proposals for additional staff in the Copyright Directorate, which is currently 
on hold.  However, the current managers at JIPO  have the ability to and do address copyright 
matters.  Thus these issues are not neglected.  Nevertheless, the additional staff would 
significantly improve the level of efficiency. WT/TPR/M/242/Add.1 
Page 22 
 
 
  IV. TRADE POLICIES BY SECTOR 
(5) Services Sector (iii) Telecommunications 
Jamaica currently imposes a surcharge on inco ming international calls (US$.02/minute and 
US$.03/minute for fixed and mobile termination, r espectively) to fund a universal service program 
called the Universal Access Fund.  The WTO Refe rence Paper requires that universal service 
obligations be administered in a transparent, non- discriminatory manner, and that they be no more 
burdensome than necessary to achieve its goals. 
A correction is being made to the US question posed. 
The correct information is: 
…. a Universal Service Charge of US$0.03 per mi nute on all incoming international minutes for 
termination to the PSTN. 
…. a Universal Service Charge of US$0.02 per mi nute on all incoming international minutes for 
the termination to the PLMN. 
(1) Please provide information about how much mone y has been collected, and how these funds have 
been spent. 
Response
 
Between the inception of the regime on 1 June 2005 and 31 December 2010, J$7.5 billion has 
been collected and total expendi ture to date amounts to J$2,716,420,000.00 which is broken 
down as follows: 
− The e-Learning Jamaica Company Limited has spent J$2,370,528,374.92 on inter alia , 
the purchase and installation of computers and audiovisual equipment;  development of ICT-based instructional materials;  t echnology integration and computer network 
management;  and 
− The Universal Access Fund has spent J$345, 892,000.00 on projects including the 
establishment and enhancement of facilities to  enable public access to the Internet at 
various Libraries and Post Offices as we ll the establishment of Community Access 
Points at other community sites. 
(2) What percentage has been sp ent on providing universal service versus what percentage of the 
money has been spent on the purchase of com puter equipment and teaching curriculum? 
Response
 
The expenditure of the Universal Access Fund is guided by the Ministerial Order of 
19 April 2005 which contemplates allocations relat ive to the Cabinet approved plan inclusive of 
the e-Learning Project in the first instance, a nd in accordance with the Telecommunications Act 
which provides for internet access to libraries, sch ools and post offices.  Final approval of the 
Cabinet is required to commence implementation  of the latter within this Financial Year. 
(3) Does Jamaica plan to cease collecting th e fee in 2011, as it originally planned?   WT/TPR/M/242/Add.1 
 Page 23 
 
 
  Response  
The current Regime for Jamaica's Universal Se rvice Obligations expires on 31 May 2011 and 
decisions relative to the Regime will be in formed by a comprehensive review of same. 
(4) To date, have there been any public audits of the fund?  If so, what were the results of the public 
audit? 
Response  
The accounts of the Universal Access Fund have b een audited by external auditors and the 
reports for the years 2005/2006, 2006/2007, 2007/2008, 2008/2009, and 2009/2010 are to be 
tabled in Parliament for public reference. 
The audits all confirmed that the accounts co nform to International Financial Reporting 
Standards.  In addition, the operations of the Universal Access Fund have been audited by 
internal auditors and from time to time by th e Auditor General's Department and the Internal 
Auditors of the portfolio Ministry. 
CHINA'S QUESTIONS 
Report by the Secretariat  
I. Economic Environment 
(1)  Introduction 
Paragraph 3, Page 1: 
"The informal sector is significant in the Jamaic an economy and is estimated by the OECD to be 
the equivalent of around 40% of GDP." 
Question 1:  Does the Jamaican Government have any strategy in place to address the issue of 
informal economy? 
Response  
Yes.  Strategies geared toward simplificatio n of the registration system for businesses and 
payment of taxes for micro and small enterprises as well as ongoing sensitization and outreach 
programmes on the benefits of formalization of business activities are priority measures that are 
being utilized. 
(2)  Main Macroeconomic Development Affecting Trade 
Paragraph 6, Page 1: 
"For most of the past decade, economic growth h as been low, at an annual average of under 1%.  
At the same time, inflation h as remained relatively high…" 
Question 2:  Could the Jamaican Delegation plea se provide updated information about measures it 
has taken or intends to take to promote economic growth and curb inflation?  What is the latest 
prediction of growth for 2011 and beyond? WT/TPR/M/242/Add.1 
Page 24 
 
 
  Response  
Growth in the Jamaican economy has largely been  constrained by low levels of productivity 
fostered by (1) high energy costs (2) crime and vi olence, which inhibits the optimal use of the 
country's resources (3) bureaucratic red tape and (4) low levels of financial intermediation. 
To address the issue of high energy costs, th e Government of Jamaica (GOJ), through its 
National Energy Policy 2009-30, has set targets fo r renewable energy and the diversification of 
energy supply.  The policy, which was presented to the Jamaican Parliament in 2010, articulates 
that, by 2030, 20% of the country's energy mi x will be derived from renewable sources.  
Offshore and onshore licensing for oil and gas ex plorations were also approved in 2010.  The 
government also plans to promote energy efficiency  in its building codes and distribution policy.  
Deployment of the policy will be delivered throug h the creation of an enabling environment for 
the development of, and investment in, th e renewable energy sector and other support 
mechanisms, such as requiring power supplie rs to integrate solar, wind, small hydro, 
cogeneration, etc. into their systems. 
Security is considered an important leg in the drive towards increased productivity and 
competitiveness.  The GOJ plans to reform and mo dernize law enforcement in the country.  In 
this regard, there has been an enhanced anti-cor ruption drive in the JCF through the formation 
of the Independent Commission of Investigatio ns (INDECOM), a body which investigates lethal 
actions by the security forces.  Anti-gang legisl ation was also submitted to Cabinet, the aim 
being to amend relevant legislations to enhance the targeting of criminal gangs. 
Another key element of the growth strategy is to reduce the extent of bureaucratic constraints to 
investments.  This involves reforming the tax structure and establishing a one-stop shop for investors, to be housed in JAMPRO.  To prom ote growth in a new tourism segment, a Casino 
Gaming Act was passed in early 2010, which has served to revive in terest in large scale 
developments with gambling as an additional attraction. 
In the area of improving financial intermediati on, a key objective is to enhance the access of 
firms, particularly medium, small and micro en terprises to capital.  In this regard, the 
authorities are actively pursuing the establishmen t of a credit bureau through the passage of the 
Credit Reporting Act in August 2010.  The regulations under this Act, which pertains to licensing, are with Parliament and are expected to be passed shortly.  Discussions have also 
commenced with Jamaica's multilateral partners on the establishment of a collateral registry.  
The GOJ is also targeting increased resources for key institutions such as the Student's Loan Bureau and the Development Bank of Jamaica.  More broadly, the GOJ has initiated dialogue 
with financial institutions within the country on the issue of reducing their lending spreads 
without compromising the integrity of their balance sheets. 
Finally, the government recognises that a key floor for interest rates is the rate on loans 
provided by the financial sector to the government , supported by inflation risks.  Partly to 
address the issue of crowding out, Jamaica's medium term economic programme is currently 
being pursued in the context of a 27-mon th Stand-by Arrangement with the IMF. 
In the context of the programme, the Bank of Jamaica has responsibility for achieving the 
specified inflation target through the use of its traditional instruments, the main one being the 
rate of interest that it sets on its certificates of deposit.  The Bank sets this rate consistent with 
the desired inflation rate, the change in the ex change rate between the Jamaica Dollar and the 
U.S. dollar, and the growth rate of the mone tary aggregates, particularly credit, that are 
consistent with the projected growth in GDP.  WT/TPR/M/242/Add.1 
 Page 25 
 
 
  In the aftermath of the Global Financial Crisis and following the debt exchange in 
February 2010, the Bank recognized that it was possible to lower interest rates without 
precipitating an increase in inflation.  The ra te on the Bank's 30-day CD's was consequently 
reduced from 10.5% at end-December 2009 to 7.5%  at end-December 2010.  Over the year, the 
Bank also reduced the Cash Reserve Requireme nt (CRR) in respect of foreign and local 
currency prescribed liabilities of deposit-taking inst itutions.  The Bank intervened in the foreign 
exchange market to ensure that the market re mained liquid and that there were no large, 
unwarranted changes in the exchange rate.  With a view to ensuring that information about the 
performance of the economy and its action a re widely known and understood, the bank held 
discussions with the main players in the financia l markets on an ongoing and frequent basis. 
Finally, variability in food supply has been a key driver of inflation.  The Government has been 
responding quickly to facilitate the importation of certain foods where shortages are anticipated 
in order to stabilise prices.  Initiatives have al so been implemented to encourage the spread of 
greenhouse farming which is less susceptible to  changes in the weather as well as the 
centralization of food storage depots to  smooth the flow of agricultural supply. 
In this context, and notwithstanding weather and international commodity price shocks, annual 
inflation remained within the range 10.0–15.0 during 2009.  Inflation is projected to fall progressively to 6% over the next five yea rs (medium term), once the effects of the 
aforementioned shocks dissipate.  The GOJ also  envisages that long run GDP growth will be 
lifted to 2% from its historical average of less than 1 per cent, with the risks being biased to the 
upside.  Growth of 2% to 3% is projected  for calendar years 2012 and 2013 respectively. 
III. Trade Policies and Practices by Measure 
(2)  Measures Directly Affecting Imports (ii)  Tariffs and other duties and charges 
(c)  Tariff bindings 
Paragraph 27, Page 37: 
"In 2010, MFN applied rates exceeded their bound  levels for certain non-agricultural products 
for which the rates were bound before the Uruguay Round;  for some items the gap is over 10 
percentage points (Table AIII.1).  Since thes e issues emerged pre-Uruguay Round, the Jamaican 
authorities rely on information from the WTO as no such data is accessible within Jamaica." 
Question 3:  Could the Jamaican Delegation please provide explanations in this regard?  
Response
 
Jamaica is reviewing these tariff lines but believes that it would be best to address this issue 
within the DDA process. 
(e)  Other duties and charges affecting imports 
Stamp duties 
Paragraph 32, 33, Page 39: 
"All imports entering Jamaica are subject to a basic stamp duty of J$5 on goods up to a 
c.i.f. value of J$5,500, and J$100 above that level." 
"An additional stamp duty (ASD) is payable on certain items…" "ASD rates are generally 
defined implicitly, as the legislation generally lists on ly aggregate duties (i.e. the rate actually applied WT/TPR/M/242/Add.1 
Page 26 
 
 
  at the border, and that is equal to the additional stamp duty applied to the c.i.f. value of imports 
increased by the customs duty)." 
Question 4:  Could the Jamaican Delegation please explain the reason for maintaining stamp duties 
and ASD?  Does Jamaica have any plan to ref orm its ASD regime to make it more transparent?  
Response  
Stamp Duties of J$5 (US$0.06) and J$100 (US$1.19) are charges levied to stamp import 
documents thereby providing a means of authentica tion and ultimately establishing a legal basis 
for the resolution of any dispute that may ar ise in relation to the respective transaction. 
These duties are within the bound rat es in Jamaica's schedule for goods. 
In Jamaica, the tax reform process is an on-going  one which spans the gamut of taxes that exist, 
including the ASD regime. 
IV. Trade Policies by Sector 
(3)  Mining and Quarrying (ii)  Policy and institutional framework 
Paragraph 40, Page 68: 
"The Government has committed to divest its interest in the sector…" 
Question 5:  Could the Jamaican Delegation pl ease inform whether Ja maica allows foreign 
investment in the bauxite and alumina industry?   If so, what regulations are applicable?  
Response
 
Jamaica continues to seek foreign investment in  its Bauxite and Alumina Industry.  Currently, 
companies with ties to the United States, Russi a and Norway are the dominant foreign investors 
in the local industry. 
The applicable regulations for foreign investme nt in Jamaica's Bauxite and Alumina Industry 
are similar to those governing any large scale investment in Jamaica.  However, possible 
investors would specifically wish to examine the following pieces of legislation, which impact the 
industry: 
1. The Mining Act, 1947. 
2. The Bauxite and Alumina Industries (Encouragement) Act. 
3. The Bauxite and Alumina Industries (Special Provisions) Act. 
(5)  Services Sector 
(iv)  Tourism 
(a)  Policy framework 
Paragraph 85, Page 82: 
"The Government promotes the development of tourism by encouraging investments in the 
sector…"  WT/TPR/M/242/Add.1 
 Page 27 
 
 
  Question 6:  Could the Jamaican Delegation plea se inform whether foreign investments are also 
encouraged?  If so, are there any special regulatio ns applicable other than those mentioned in the 
Secretariat Report? 
Response  
Foreign investments in Tourism is encourage d and includes various incentives for foreign 
investors.  All relevant regulations are readily  available from the relevant government bodies.  
Jamaica Promotions (JAMPRO) actively facilit ates foreign investors in tourism including 
processes required to meet local regulations. 
JAPAN'S QUESTIONS 
The Secretariat Report (WT/TPR/S/242) III.   TRADE POLICIES AND PRACTICES BY MEASURE 
(2) MEASURES DIRECTLY AFFECTING IMPORTS (ii)  Tariffs and other duties and charges (c)  Tariff bindings 
(Question 1:  Page 37, paragraph 27) 
According to the Secretariat report, some MFN appl ied rates exceed their bound levels, and for some 
of them the gap is more than 10%.  Please explai n when Jamaica will revise these tariff rates in 
accordance with its obligation under WTO agreements.  
Response
 
Jamaica is reviewing these tariff lines, but believes th at it would be best to address this issue in 
the DDA process. 
(3) MEASURES DIRECTLY AFFECTING EXPORTS 
(iv)  Export subsidies 
(Question 2:  Page 46, paragraph 72) 
Please describe the purview of the Tax Reform Committ ee against other ministries.  Are the ministries 
obliged to follow the decision by the committee to  reform the tax system to conform with its 
commitment within the WTO? 
Response  
The Tax Reform Committee of 2004 had as its purview the aim of realigning the tax system, 
giving consideration to improving the equity (horizontal and vertical), revenue adequacy, 
administrative simplicity and efficiency of th e country's tax regime.  The Partnership for 
Transformation Consultative Committee estab lished more recently seeks to continue to 
mainstream reform recommendations and engage in  consultations geared toward encouraging 
their implementation.  Additional reform proposals have also been introduced through these consultations. 
The Committee can only make recommendations to the Ministry of Finance which is the sole 
authority on taxation policy matters.  Subseque nt changes to policy will inform how the 
respective Ministries operate with regards to th e tax treatment ascribed to their constituents. WT/TPR/M/242/Add.1 
Page 28 
 
 
  (4) MEASURES AFFECTING PRODUCTION AND TRADE 
(i)  Incentives (a)  Tax incentives 
(Question 3:  Page 49, paragraph 86, and page 59, paragraph 2) The secretariat's report says that 'the extensive set  of incentives for investment has made the tax 
system increasingly complex and distortive', and 't he Government will be reviewing the incentives'.  
Please inform us of the progress on or timeline of the review. 
Response
 
The waiver policy and strategy has not yet been finalized.  Nonetheless, there is an interim 
waiver policy and strategy at play. 
An IADB team is expected to return to Jamaica in late January 2011 to further work on the 
development of the long term  waiver policy and strategy. 
IV.   TRADE POLICIES BY SECTOR 
(1)  INTRODUCTION 
(Question 4:  Page 50, paragraph 2) 
Under the Income Tax Act, foreign companies have to pay a 33.3% tax called a Tax on the 
Repatriation of Profit when they send after tax prof its back to their home country, and this is in 
addition to the corporate tax of 33.3%.  Please provide the rationale for this tax. 
Response  
Page 50, paragraph 2 does not contain the text provision cited in this question. Dividends paid by companies to their non-resident  shareholders are liable to withholding tax.  
Our Income Tax Act therefore seeks to put local subsidiaries of foreign companies on a similar 
footing to those foreign companies which op erate in Jamaica through a local branch. 
It is on this basis that our Income Tax Act in Jamaica provides that repatriation of profits by a 
local branch to its overseas Head Office shall be treated as a distribution for income tax 
purposes. 
CANADA'S QUESTIONS Report by the Secretariat (WT/TPR/S/242)
 
Summary:  (1) Trade Policy Context:  paragraph 6, page vii:  
1. The report states that over 90% of Jamaica's merchandise exports go to the United States, 
Canada and the EU.  Have similar patterns been found for services trade? 
Response  
A full breakout of service related flows by sector and destination countries is unavailable at this 
time.  However, regarding touris m services, data on stopover to urist arrivals supports the view 
that trade in services, is also dominated by  these three countries.  For 2009, total stopover 
arrivals, comprising both foreign national s and non-resident Jamaicans, amounted to 
1.83 million.  Of this amount, approximate ly 94 per cent represented arrivals from the  WT/TPR/M/242/Add.1 
 Page 29 
 
 
  Unite States, Canada and Europe.  Gross tr avel inflows represented approximately 71.0% of 
total service inflows in 2009.  Tourism accounts for the largest portion of Jamaica's trade in 
services. 
Part III.  Trade Policies and Practices by Measure:  (2) Measures Directly Affecting Imports;  
(v) Government procurement:  paragraph 59, page 44: 
1. The Secretariat report notes that "in 2009, a sp ecial policy was introduced to encourage and 
stimulate the growth of small and medium-sized en terprises (SME) by increasing their participation in 
government procurement opportunities." 
2. Could Jamaica please provide details on how an enterprise is defined as an SME for the 
purposes of this policy? 
Response  
For the purposes of the 'Set Aside Regime for small businesses' under the Procurement Policy, a 
SME is defined as an entity with the value  of its assets being less than J$30 million 
(Approximately US$350,000). 
Part III.  Trade Policies and Practices by Measure:  (2) Measures Directly Affecting Imports;  
(v) Government procurement:  paragraph 59, page 44: 
2. The Secretariat report notes that "procuring entities have been encouraged to set aside 15% of 
their total annual procurement for SMEs." 
4. Could Jamaica please indicate whether the 15% figure represents 15% of the total annual 
dollar value of procurement for the entity, or 15% of the total number of procurement 
contracts awarded annually by the entity? 
Response  
Under the Set Aside Regime each Ministry or Ag ency of Government is required to allocate a 
minimum of 15% of their budget for procurem ent by qualified small businesses.  This 
represents 15% of their total annual dollar value of procurement of the entity and not 15% of 
the total number of procurement contracts. 
Part III.  Trade Policies and Practices by Measure:  (4) Measures Affecting Production and 
Trade;  (iii) Standards and other technical re quirements;  (b) Sanitary and phytosanitary 
Measures:  paragraphs 105-111, pages 53-54: 
With respect to sanitary and phyto sanitary measures, Canada is concerned about the long delays by 
Jamaica in responding to Canada's requests for acc ess, and by Jamaica's failure to base its measures 
on international standards.  In this regard, Ca nada has been requesting access for beef and cattle, 
based on the World Organization for Animal Health standards, since 2005, without success.  In July 
2009, the Jamaican Ministry of Agriculture conducte d a technical level visit in Canada to review 
Canada's requests for access for beef and cattle, as well as for bovine semen, bovine embryos, live 
sheep and goats, sheep and goat embryos, and sheep and goat semen.  Despite numerous Canadian 
representations, and repeated assurances by Jamaica to  provide the results of this visit on a timely 
basis (Jamaica's most recent commitment having been to provide the results by December 31, 
2010), Canada is still waiting for Jamaica's response.  In the meantime, access c ontinues to be denied 
without scientific justification. WT/TPR/M/242/Add.1 
Page 30 
 
 
  5. Canada therefore asks Jamaica for an update on  when it will be providing its decision to 
resume trade in Canadian beef, and cattle, as well as for bovine semen, bovine embryos, live 
sheep and goats, sheep and goat embryos, and sheep and goat semen. 
Response  
There have been ongoing bilateral consultations between Jamaica and Canada on this matter.  
Risk assessments are highly technical and time  consuming undertakings and, in this case, 
involved six categories of products (beef, live an imals, sheep and goat, bovine semen, sheep and 
goat semen) necessitating the conduct of six such tasks.  This is a challenging undertaking for 
small developing countries, such as Jam aica, with limited technical personnel. 
Jamaica had indicated to Canada that the report  on the risk assessment would be completed by 
31 December 2010.  The report was completed to meet this deadline and will be provided to Canada shortly. 
A decision on market access will be based on the recommendations contained in this report. 
In this matter reference should be made to the OIE guidelines. 
BRAZIL'S QUESTIONS The Jamaican report mentions "the implementati on of a tax package by January 2010 aimed at 
yielding revenue amounting to approximately  2.0% of GDP", which includes "a new ad valorem  fuel 
tax, increased the General Consumption Tax (GCT) fro m 16.5% to 17.5%," (paragraph 15).  It is also 
stated that "Between 2005 and 2009, Jamaica's mercha ndise trade deficit grew at an average rate of 
13.3%, and peaked at US$4,802.9 million in 2008.  This increase in the trade deficit was mainly 
attributed to an escalating fuel import bill which gr ew by an annual average of 17.5%" (paragraph 19).  
The report of the Secretariat, in turn, highlights th at "Chemical and mineral fuel exports have grown 
significantly due to the growth of earnings from etha nol as well as an increase in the price of fuel on 
the international market" (paragraph 24).  Given the high cost of oil imports faced by Jamaica and the 
expansion of the usage of ethanol as an energy s ource in the country, could the Jamaican Delegation 
indicate if the new ad valorem  fuel tax also levies on ethanol?  
Response
 
Ethanol as a fuel source by itself does not currently attract the new ad valorem  SCT. 
COLOMBIA'S QUESTIONS II.   TRADE AND INVESTMENT POLICY REGIME 
(3) INTERNATIONAL TRADING RELATIONS 
(ii) CARICOM and related agreements (b) Bilateral agreements between CARICOM and other countries 
 With regard to the bilateral agreements  between CARICOM and other countries, the 
Secretariat reports that "Jamaica has signed pref erential free-trade agreements with Colombia, Cuba, 
the Dominican Republic, Costa Rica, and Venezuela.  None of these agreements have been notified to 
the WTO (August 2010)". 
1. Would the Jamaican Governme nt kindly indicate when it inte nds to notify these agreements 
to the WTO, in compliance with  the transparency mechanism.   WT/TPR/M/242/Add.1 
 Page 31 
 
 
  Response  
These preferential agreements have been negotiated at the regional level, between CARICOM 
and the respective countries, and the decision to no tify these to the WTO has to be taken at that 
level.  However, CARICOM does in tend to notify these agreements. 
III.   TRADE POLICIES AND PRACTICES BY MEASURE 
(2) MEASURES DIRECTLY AFFECTING IMPORTS (i) Customs 
 Paragraph 5 of the Secretariat Report states that "While Customs does not carry out 
mandatory preshipment inspections, the Contra band Enforcement Team randomly conduct the 
exercise".  Likewise, in subsection (a) Procedures, pa ragraph 7, it is stated that "Under the Selected 
Importation Inspection System (SIIS), now called th e Authorized Economic Operator (AEO) system, 
importers without a record of customs violations are allowed to import without inspection, but may 
undergo random examination". 
2. Would the Jamaican Government kindly provide further information on the random 
methodology used to carry out inspections and indi cate which risk management system it employs to 
ensure that goods not subject to inspection are not illegal. 
 Paragraph 7 of the Secretariat Report states th at "Customs' main goal is to maximize border 
protection with a range of tools to foster voluntary compliance". 
3. Would Jamaica kindly share its experience in th is area and describe the range of tools used 
and the results obtained. 
Response to 2 and 3
 
The border protection unit operates as follows: Analysts These persons are primarily responsible for the an alyzing and conversion of information into 
actionable Intelligence that can be used by the Enforcement team to carry out operations. 
Investigation 
The Investigators are responsible for the gathering of relevant information which will be fed 
back to the Analysts for them to develop cases. 
Internal Affairs They will investigate complaints about corruption against Customs personnel and others within 
the system.  They will also initiate investigat ions on their own or based on direction from 
management or from the analysis unit. 
Risk Management The risk Management Unit is responsible for the planning, organizing and implementation of 
long-term and short-term strategic risk plans and programs that will allow for identification of 
imports and exports that represents th e greatest risk of non-compliance. WT/TPR/M/242/Add.1 
Page 32 
 
 
  Cargo Imaging 
Based on the nature of the task performed by this unit it makes them a valuable source of 
information in the analysis of trends which will serve as guide for our investigators and enhance 
our ability to be pre-emptive in our actions. 
Contraband Enforcement Team (CET) After cases are developed by the Investigation Un it and the Analysis Unit they will then be 
passed to the CET for their action as recommended.  In addition to acting on prepared cases 
CET is also deployed on a daily basis at the seaports and airports and carries out unannounced 
visits to other rural ports.  In this way they are a vital source of information for the Analysis 
Unit. 
EXPERIENCES With a myriad of tools, the Unit through risk management, profiling and intelligence has been 
able to identify suspected containers with co ntraband;  has made several seizures of firearms 
through profiling and intelligence (recent case  where several firearms were found welded and 
concealed in an air compressor tank).  Profiling,  intelligence gathering, and surveillance of 
passengers on specific/high risk flights have re sulted in seizures of counterfeit and un-customed 
goods.  The use of risk management systems h ave resulted in higher revenue collection;  and 
with closer monitoring of the post offices,  the courier companies, and passengers from 
North America and Europe who are entering the island, large sums of money for laundering or 
the lotto scams as well as contraband have been seized. 
SUMMARY While not directly involved in the collection of revenue, the Border Protection Unit plays a 
major role in plugging the gaps which are now being exploited by unscrupulous persons.  This 
will indirectly have a tremendous impact on the increase in revenue that otherwise would be uncollected.  The Unit also plays a significant role in the securing of our borders in keeping with 
our new initiative to play a more active part in the safeguarding of the country from the 
importation of firearms and other dangerous goods. 
4. Is the Authorized Economic Operator syst em related to the introduction of Authorized 
Economic Operator (AEO) status?  If so, would Jam aica please share its experience in this regard. 
Response
 
Yes it is the AEO status.  Currently there are over 200 importers registered as AEO's. 
Since the introduction of the system, Jamaica cu stoms has experienced speedier collection of the 
government's revenue and clearance of cargo. 
 According to paragraph 8 of the Secretariat Re port, "The Jamaica Customs Department is of 
the view that it needs to improve the quality of its service and ensure that controls are effective, 
efficient, transparent, and aid in the uninterrupt ed movement of legitimate international trade". 
5. What endeavours and measures has Jamaica undert aken or does it intend to undertake in order 
to improve procedures with a view to trade facilitation?  WT/TPR/M/242/Add.1 
 Page 33 
 
 
  Response  
The Jamaica Customs Department conducts consta nt internal review of its procedures and is 
currently reviewing, with a view to revising it s current regulations and legislations to ensure 
that it is operating within the ambit of international standards. 
(b) Customs valuation 
 Paragraph 9 of the Secretariat Report states that  valuation problems still appear to be serious 
and that there are significant losses of  tax revenue due to under-invoicing. 
6. What kind of tools does Jamaica use to detect and combat this kind of offence?  
Response  
Jamaica Customs relies on objective risk as sessment criteria to detect instances of under 
invoicing.  These include the track record of the importer, rate of duty of the item, the variance between the declared value and the market va lue of the item as determined by Customs 
research, as well as any form of discrepancy con cerning the content and or presentation of the 
supporting documents. 
 Paragraph 13 of the Secretariat Report states that "An Internal Review committee is in place 
to assess the justification for valuation decisions". 
7. Would Jamaica kindly provide further inform ation on the functioning of this committee. 
Response
 
If an importer objects to a determined value assi gned goods, he or a person acting as his agent 
submits a form – request for review of valuation decision (after paying the deposit requested).  
The submitted form must contain the importer' s name, taxpayer registration number, the name 
of the customs broker, and the entry's internal number.  On receipt of this form, the Valuation 
Unit sets an appointment for the review. 
The Internal Review Committee is in place to a ssess the justification for valuation decisions.  
Reviews are conducted by this appeals comm ittee which comprise both Valuation and 
non-Valuation staff.  Often consideration of  the review turns on the importer producing 
documentary evidence.  The importer or persons acting on his behalf may attend this review.  
Though not explicit in the legislation the impo rter or his agent may be represented by lawyer or 
accountant.  A decision is routinely made as soon as the evidence has been examined.  A formal letter is prepared for the importer informing him of the decision and if necessary, his right of 
further appeal. 
 Subsection (b), paragraph 10, of the Secretaria t Report states that "If Customs has reasonable 
doubts about the truth or accuracy of the declared value, it may be deemed that the customs value of the imported goods cannot be determined  by the transaction value method". 
8. Would Jamaica kindly indicate which criteria or  methodology it applies to determine that 
there is reasonable doubt as to the value of good s and how it prevents this practice from being 
misused by customs officials or from c onstituting an import-restrictive measure.  WT/TPR/M/242/Add.1 
Page 34 
 
 
  Response  
The most commonly used methodologies are documentary examination and comparison with 
reference values.  Reasonable doubt is raised  whenever the submitted documentation does not 
stand up to scrutiny.  Flaws in the presentation of the invoice and supporting documents are 
signs that possible under invoicing is taking pl ace.  Customs carefully utilizes reference values in 
conformity with the provisions of the WTO Valuation Agreement. 
Paragraph 2 (6) of the Schedule to Section 19 prohib its the use of arbitrary or fictitious values, 
and other means contrary to the provisions of  the WTO Valuation Agreem ent.  The paramount 
concern of the valuation methodologies employed is to detect under invoicing, not to restrict 
importations from any WTO Member.  The importer has the remedy of clearing his goods via the payment of a deposit, and may appeal Customs valuation decision.  In so doing, the opportunity is given for the importer to submit  new or additional evidence to support his 
valuation, which Customs must examine. 
(vi) Import-related operations of state trading enterprises (as defined in 
GATT Article XVII) 
 Paragraph 63 of the Secretariat Report mentions  that "The Jamaican Government notified the 
WTO in April 2010 of the operations of the Jamaica Commodity Trading Company (JCTC).  The JCTC is a wholly owned government company whose mandate is to act on behalf of the Government 
as a commercial importer and/or exporter of sensitive commodities (such as fertilizer), where 
exceptional circumstances require direct Government  intervention.  There are no statutory provisions 
conferring special or exclusive rights on the JCTC.  Commodities traded by the JCTC can be imported or exported by any commercial trader". 
9. Would the Jamaican Government kindly indicate whether these imports and exports are 
subject to the same taxes, fees and charges as imports and exports by individuals.  
Response
 
These imports and exports would be subject to th e same duties charges and fees applicable to 
private commercial businesses. 
10. Please also indicate whether the expressi on "any commercial trader" includes foreign 
companies legally incorporated  within Jamaican territory.  
Response  
Yes.  Commercial trader includes fore ign companies locally incorporated. 
(3) MEASURES DIRECTLY AFFECTING EXPORTS 
(iv) Export subsidies 
 Paragraph 75 of the Secretariat Report states that one of the subsidies is granted under the 
Foreign Sales Corporation Act. 
11. Would Jamaica kindly provide further information on this Act.   WT/TPR/M/242/Add.1 
 Page 35 
 
 
  Response  
This Act is to be phased out.  See Jamaica's notification under Article 27.4 of the Agreement on 
Subsidies and Countervailing Measures. 
(v) Export free zones  Paragraph 76 of the Secretariat Report states that export free zones ar e "one of the main 
instruments for export promotion in Jamaica … offering incentives such as duty-free importing and 
streamlined customs procedures to enterprises wh ich are physically located inside the zone". 
12. What other incentives are granted?  Would Jamaica kindly indicate whether there are any 
restrictions on the operations of foreign companies in export free zones. 
Response
 
There are no barriers for the operation of foreign  companies in the Free Zones.  All Free Zone 
companies local and foreign, are subject to the same standards and requirements for operation. 
In addition to facilitating customs procedures and processes, free zone en tities are entitled to 
income tax relief and duty free importation of  raw materials, capital goods and construction 
items for use in the approved zone for an indefinite period. 
 Paragraph 77 of the Secretariat Report menti ons that "The 1982 Jamaica Export Free Zones 
Act provides an incentive and regulatory framework for the operation of free zones, to encourage 
investment, exports, and foreign exchange earnings and to create employment opportunities.  Before 
an enterprise can take advantage of the concessions av ailable under this Act, it has to be registered or 
incorporated in Jamaica under the Companies Act, export at least 85% of its production outside the 
CARICOM area in the case of a manufacturing comp any, or 100% in the case of a non-manufacturing 
company, conduct all transactions in US currency,  and be located within the free-zone area". 
13. Would Jamaica kindly indicate whether it h as already begun to phase out the subsidy 
component granted to companies incorporated in  Jamaican territory, in  accordance with the 
Agreement on Subsidies and Countervailing Measures. 
Response  
Jamaica has been granted approval to continue this incentive programme until 2015 subject to 
certain conditions.  Jamaica has notified the WT O Council of its commitment to the termination 
of the subsidy by 2013 and also provided a plan of action towards the elimination of the incentive. 
IV.   TRADE POLICIES BY SECTOR 
(2) AGRICULTURE (i) Sector and trade overview (b) Bananas 
 The Secretariat Report states that "A draft banana/plantain policy wa s developed in 2009 to 
increase production and productivity in the banana/p lantain industry and local consumption of 
bananas and plantains". 
14. Would Jamaica kindly describe the main strategies and instruments of this policy. WT/TPR/M/242/Add.1 
Page 36 
 
 
  Response  
The draft Banana Policy is still to be finalized and approved. (ii) Institutional and policy framework 
 The Secretariat Report states th at the Agricultural Sector Plan was also developed in 2009 and 
"seeks to reposition the sector for sustainable growth and development". 
15. Would Jamaica kindly describe the main strategies and instruments of this plan.  
Response
 
The Agricultural Sector Plan is a sub-compon ent of the overall Vision 2030 Development Plan 
for Jamaica. 
The main strategies of the Agricultural Sector Plan include the following: 1. increasing the competitiveness and produc tivity of agricultural production; 
2. strengthen the use of modern farming systems and best practices; 
3. diversify into higher value-added production; 
4. strengthen the application of technology , innovation, research and development in 
agricultural production; 
5. strengthen the collection, evaluation and dissemination of marketing information; 
6. broaden and strengthen the range of educational and training institutions and 
programmes for agricultural and related disciplines; 
7. modernize the policy, legislativ e and regulatory framework; 
8. improving the capacity and effect iveness of the extension service; 
9. modernizing and upgrading the infrastructure  for water supply, irrigation, drainage 
and roads;  and providing for satisfactory working conditions and the health and safety 
of employees in the agricultural sector; 
10. establishing a policy and planning framew ork to protect and develop suitable 
agricultural lands;  and 
11. strengthening compliance with environmenta l regulations and standards, promoting 
organic farming, and strengthening risk and hazard mitigation for the sector. 
(iii) Trade policy 
(a) Border protection 
 The Report states that stamp duties are generally applied on agricultural products. 16. Would Jamaica kindly specify what these duties are.  WT/TPR/M/242/Add.1 
 Page 37 
 
 
  Response  
Additional Stamp Duties, fall under the categor y "Other Duties and Charges".  Additional 
Stamp Duties are regulated by the Stamp Duty Ac t, and was notified to the WTO in Jamaica's 
Schedule of Commitments at the time of th e Uruguay Round.  Jamaica's bound rates for 
agricultural ODC's in the WTO are 15%, 80% and 200% depending on the product. 
CHILE'S QUESTIONS 
From document WT/TPR/S/242 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) Measures directly affecting imports 
(i) Customs 
Procedures (paragraphs 6 to 8)  
 Import and export declarations can be processed electronically, since paragraph 6 states that 
"the relevant documents are submitted to the Customs authorities ".  Clearance is subject to prior 
payment of duties.  The importer may also be required to present a tax compliance certificate, a 
Business Enterprise Number and a Taxpayer Registration Number. 
Question:  Is there a limit on exports for processi ng with and without a customs broker? 
Response  
There are no limits and a customs broker is not required for exports. 
Fees (paragraphs 34 to 36)  Paragraph 35 lists a series of fees representing a fixed percentage of the value. 
Question:  Are you considering switching to the collection of fees in relation to the cost of the 
services provided? 
Response
 
These fees are intended to cover the costs of serv ices rendered.  Reforms are being considered 
which will include a review of these fees and their application. 
(4) Measures affecting production and trade 
(iii) Standards and other technical requirements 
3. According to Jamaica's National Export Strategy (NES) document2, the inability to meet 
international quality standards is a significant challenge for exporters, and exporting firms in 
particular in the agri-processing sector face stringent quality requirements.  The NES document 
acknowledges that Jamaica has the relevant legi slative and institutional framework for quality, 
standards, and other requirements but that the ti meliness and consistency of the service delivery needs 
improvement. 
                                                      
2 See JAMPRO (2009), p. 56. WT/TPR/M/242/Add.1 
Page 38 
 
 
  Question:  How have you been working to deal with problems of this kind?  Is there any 
public-private work going on that would make it possible to provide information on the discussions 
being conducted in the WTO TBT Committee, thereby reducing the impact for exporters?  
Response  
Interventions focused on encouraging ent erprises to increase their emphasis on quality 
assurance, the achievement and maintenance of  HACCP and ISO standards are in-force.  In 
addition, measures to reduce the turnaround time and costs by institutions providing testing 
inspection are also being practiced.  Exporters and subjects ministries are promptly advised by 
the Ministry of Foreign Affairs and Foreign Trade of issues being discussed in the TBT 
Committee that could negatively impact on their operations. 
The Bureau of Standards Jamaica encourages the im plementation of Hazard Analysis Critical 
Control Points (HACCP) and similar food safety management systems through the 
promulgation of the Processed Food (Exemp tion) Regulations 2002, its voluntary HACCP 
Recognition Programme and through offeri ng training courses on HACCP and Good 
Manufacturing Practices. 
WTO notifications from member countries are routinely disseminated to industry personnel 
including exporters.  In addition, there is a public-private forum called the Jamaica Standards 
Network (JSN), through which information on standards and other trade-related issues are 
disseminated.  Meetings of the JSN are held quarterly. 
(a) Standards 
4. The Bureau of Standards Jamaica (BSJ) is the WTO enquiry point for issues related to 
technical barriers to trade (TBT), the focal point for Jamaica as it relates to the TBT section of the 
CARIFORUM EC Economic Partnership Agreement (EPA)3, and the contact point for the Codex 
Alimentarius.  According to the BSJ, the main challenges faced by the WTO/TBT enquiry point are 
the limited number of technical experts available to  review standards issued for comments, and the 
unavailability of the English version of some full text s;  the associated high co sts of translating these 
documents limit Jamaica's full par ticipation in the international standards development process. 
Question:  Does the Bureau of Standards Jamaica also ope rate as an internal coordination entity for 
TBT matters?  
Response  
The Bureau of Standards and the Ministry of Forei gn Affairs and Foreign Trade function as the 
internal coordination entities for TBT matters. 
5. The principal legislation on standards and tec hnical regulations comprises the Standards Act 
of 15 July 1969, the Weights and Measures Act of 31 May 1976, and the Processed Food Act of 15 October 1959.
4  The Standards Act, which established the BSJ, was amended by the Standards 
                                                      
3 The EPA includes a commitment to cooperate in international standard setting bodies, including 
facilitating participation of CARIFORUM countries re presentatives in the meetings of these bodies.  There is 
also an agreement to cooperate in sh aring expertise and training in sta ndard setting, metrology, accreditation, 
market surveillance, and conformity assessment in the CARIFORUM region;  de velopment of centres of 
expertise within CARIFORU M, development of the capacity of CARI FORUM enterprises to meet regulatory 
and market requirements, and adoption of harmonized technical regulations, standards, and conformity 
assessment procedures based on relevant international standards. 
4 For the text of these Acts, see BSJ online information.  Viewed at:  http://www.bsj.org.jm/.  WT/TPR/M/242/Add.1 
 Page 39 
 
 
  (Amendment) Regulations 1999, which brought into e ffect the fee to be paid on specified imported 
commodities.  Consequent on this, the Standard s Compliance Programme (SCP) was developed to 
ensure compliance of all goods (locally produced a nd imported) with the requirements of compulsory 
product standards (technical regula tions) and labelling regulations.5  The Standard Compliance Fee 
(SCF), at 0.3 per cent of the c.i.f. value of comm odities in each shipment, is paid on all imports of 
products subject to the SCP (e.g. all finished goods), except imports of exempted goods, including 
commodities imported in connection with government  incentive programmes, programmes relating to 
health and welfare, international agreements and protocols, personal effects, and raw materials and 
capital goods imported for use in the manufacturing pr ocess, crude petroleum, and certain agricultural 
products.6 
Question:   Are there any procedures or guidelines for developing technical regulations?  If so, what 
are they?  Is there a legal framework supporting these procedures? 
Response  
Yes, there are procedures for developing tec hnical regulations.  In developing technical 
regulations, the Bureau of Standards Jamaica is guided by the following procedures or 
guidelines: 
− WTO/TBT Agreement, Annex 3. 
− Using and referencing ISO and IEC standa rds for technical regulations, 2007. 
− Regional Standards Development Proce dure OP001-0002, 2009 (published by the 
CARICOM Regional Organisation for Standards and Quality). 
− Internal procedure – Promulgating Draft Standards and Amendments BSJ-ST03b/04, 
2003. 
The legislations supporting these procedures or guidelines are: 
− Standards Act 1969, and 
− CARICOM Regional Organization for Standards and Quality Act 2005. 
6. Jamaica currently has 348 domestic standards.   These are usually based on international 
standards, primarily ISO and Codex Alimentarius st andards, but also on those of the United States and 
United Kingdom.7  Since its previous Review, Jamaica h as introduced 42 standards and technical 
regulations relating to building and associated material s, animal feeds, tyres, food products, footwear, 
agriculture, records management and quality manage ment systems.  Consequently, 16 notifications 
were submitted to the WTO in respect of the follow ing areas:  building and associated materials;  food 
products;  household products (paints and sleep systems);  cigarettes;  and wooden furniture.  
Standards and technical regulations apply to lo cal and imported goods.  Compliance with standards 
and technical regulations is verified through random  inspection and sampling at ports of entry and in 
the market place.  All food processing establishments  are required to be inspected and registered 
                                                      
5 General standards regulations are contained in Standards Regulations 1983;  Standards (Amendment 
Regulations 1999;  and the Standards (Amendment) Regulations 2000. 
6 These products are:  crude oil, ham and bacon, some poultry, pork and bovine meat cuts, soybeans, 
string beans, cooked and frozen carrots, pigeon peas in pa ckages of a certain size, cer eals for animal feed, meals 
of oil seeds, oleaginous fruits, meat, and some petroleum oils. 
7 Currently, 47 international standards (44 ISO st andards, 1 British, 1 Japanese, and 1 CARICOM). WT/TPR/M/242/Add.1 
Page 40 
 
 
  annually.  For specified products (e.g. stoves and fa ns) type testing and approval services are offered 
to importers on request. 
Question:  Are technical regulations developed by each agen cy concerned, or is there a single entity 
responsible for their development? 
Response  
Technical regulations are developed by one central agency (Chief Parliamentary Council). 
Are inspection and sampling conducted by a custom s authority or by the agency responsible for 
technical regulation? 
Response  
Whenever Customs is doing an examination, rep resentatives of the various technical agencies 
are usually present at the port to do standards inspection. 
In the absence of the agency representatives, if the Customs official upon examination finds a 
questionable good, it would be referred to the re levant agency for verification and testing.  
Samples are sometimes sent in these circumstances. 
On occasions, the agencies may request that Customs be on the look out for specific items which 
should not be imported in the island.  In these  instances, Customs will detain them and alert the 
agencies for further inspection. 
National accreditation body 
7. In 2006, the Jamaican Government approved the establishment of a wholly owned 
government company as the national accreditation body .  The main objective of the Jamaica National 
Agency for Accreditation (JANAAC), registered in March 2007, is to facilitate trade between Jamaica 
and its trading partners by enabling Jamaica's conformity assessment systems to meet international standards and the requirements of the TBT Agr eement.  JANAAC offers accreditation services to 
public and private sector laboratories and will in th e future offer accreditation services to conformity 
assessment, inspection bodies and certification bodies .  JANAAC also provides training and technical 
information as appropriate. 
Question:  Does Jamaica participate in the ISO through the JANAAC?  In what other international 
standard-setting bodies does Jamaica participate? 
Response
 
The Jamaica National Agency for Accreditatio n (JANAAC) is the National accreditation body 
of Jamaica and performs functions simila r to INN the accreditation body of Chile. 
JANAAC is a member of the International Labora tory Accreditation Cooperation (ILAC) and 
the Inter-American Accreditation Cooperation (IAAC) and as required, was set up in accordance with international standard ISO/IEC 17011.  It operates like any other accreditation 
body in the world who strives to be intern ationally recognized and accredits Conformity 
Assessment Bodies according to in ternational standards as follows: 
− Testing and Calibration Labs – O/IEC 17025 (presently). 
− Medical Labs – ISO 15189 (presently).  WT/TPR/M/242/Add.1 
 Page 41 
 
 
  − Inspection Bodies – ISO/IEC 17020 (in the future). 
− Certification Bodies – ISO/IEC17021 & 17024 (in the future). 
JANAAC, because of its expertise, participates in the review and development of international 
accreditation standards through the Bureau of Standards Jamaica in ILAC and IAAC. 
On behalf of Jamaica, the Bureau of Standard s Jamaica also participates in the following 
international standard-setting bodies: 
− Codex Alimentarius Commission. 
− International Electrotechnical Commission. 
− ASTM International. 
TURKEY'S QUESTIONS 
Report by the WTO Secretariat (WT/TPR/S/242) 
I.  ECONOMIC ENVIRONMENT 
Para. 14 
The Secretariat Report states that "Jamaica imposes  no taxes or quantitative restrictions on exports 
and has a number of tax incentives that attempt to encourage exportation." 
"Could Jamaica specify the sectors and products that  are given incentives for exportation and provide 
clarification on the type of incentives?"  
Response  
These incentives have been notified to the WTO under Article 27.4 of the Agreement on 
Subsidies and Countervailing Measures.  Please re fer to pages 46-47, paragraphs 70-80 of the 
Secretariat's Report.  The Export Industry a nd Encouragement Act and the Free Zones Act 
have been used as the main driv ers to encourage exports as follows: 
Re Export Industry Encouragement Incentives Act (EIEA) Manufacturing and service entities exporting to th ird country markets are eligible for approval 
under their fiscal incentives regime.  Applicable benefits include Income Tax Relief for a period 
of up to ten years and exemption from import  duties and raw materials for corresponding 
periods.  Approved entities are also entitled to duty free importation of items or articles for use in the construction of their factory or offices. 
Re Free Zones Act Companies involved in the following activiti es Warehousing and Storing Manufacturing;  
Transport Operations;  Loading and Unloading;  Exporting and Importing;  Service 
Operations;  Packaging and Shipping;  Assembling;   Processing;  Refining;  Purifying, Mixing, 
Merchandising, are eligible for free zone status. WT/TPR/M/242/Add.1 
Page 42 
 
 
  This status qualifies the approved companies to  duty free importation of capital goods, raw 
materials, construction materials for building, rep airing of premises in the Zone and income tax 
relief for an indefinite period. 
(2)  Main Economic Deve lopments Affecting Trade 
(ii)  Trade Competitiveness 
Para. 16-18 
The Secretariat Report notes that the lack of co mpetitiveness in Jamaican economy is one of the 
reasons of weak export performance as we ll as weak growth performance in general. 
Turkey understands that relatively high costs of doing business, low labour productivity and high 
trade costs are among the reasons that contribut e to competitive disadvantages in the country. 
Being a small country with an open economy highly re liant on external trade, it is considered that 
improving external competitiveness is al so significant for Jamaican economy. 
Could the Jamaican Delegation inform the Me mbership on Government's plans and programs to 
address the country's structural problem s with regards to competitiveness? 
Response  
Vision 2030, the National Development Plan, focuses on investment facilitation, technological 
modernization, small business development for ac hieving competitiveness and sustained growth 
in the Jamaican economy.  Human and skills development, public entrepreneurship and a 
facilitating business environment are the driving forces to realize these objectives.  The National 
Plan identifies a schedule for implementation and outlines short to medium strategies for 
attainment.  It also provides for a monitoring/eva luation process in order to ensure that tasks 
are controlled and measurable. 
II. TRADE AND INVESTMENT POLICY REGIME 
(5)  Aid for Trade (iii)  Supply-side and Infrastructure Constraints 
Para. 69-79 
We understand that an export diversification is an  issue for the economy and the Government intends 
to address supply-side constraints through a numbe r of strategies including the National Exports 
Strategy, which is a component of Vision 2030,  the first long-term National Development Plan. 
Could the Jamaican Delegation provide informatio n on the specific policies to address supply side 
constraints in the economy and how the Governme nt intends to enhance export diversification?  
Response
 
Through policies and programmes geared to huma n resource development, entrepreneurship 
and knowledge and exploitation of technology, bu sinesses will be facilitated in enhancing the 
productivity of their firms.  Dependent as the co untry is on exports for its survival, measures to 
enhance export capabilities and to identify and promote existing and ne w export i ndustries will 
be a priority.  Through research, scientific and te chnological solution services will be offered to 
encourage the development of new products and the growth of value added products.  Very  WT/TPR/M/242/Add.1 
 Page 43 
 
 
  importantly access to funding for adaptive research  and to facilitate the innovation process will 
be initiated. 
A growth inducement strategy for the short to me dium term has been drafted for Jamaica.  The 
guiding principles of the strategy are highlighted below: 
− Unleash entrepreneurial dynamism by unlocking  latent wealth tied up in idle assets. 
− Infrastructure investments as catalysts for job creation through strengthening resiliency 
of built environment. 
− Build an innovative and competitive modern economy of big and small firms by 
strengthening business networks and removing supply-side constraints. 
− Social inclusion through community re newal, expanded self-agency and equity. 
− Proactive partnership between government and private sector.  
IV. TRADE POLICIES BY SECTOR 
(2)  Agriculture 
(iii)  Trade Policy 
Para. 23 
The Secretariat Report mentions that high level of  protection is a significant characteristic of the 
Jamaican agriculture sector.  In that respect, it is st ated in the report that stamp duties, besides some 
other measures, are generally app lied on all agricultural products. 
Could Jamaica explain the share of stamp duties in the total customs revenues?  Could Jamaica also 
kindly clarify the basic rationale of stamp duties?  
Response  
Stamp duties of J$5 (US$0.06) and J$100 (US$1.19) are charges levied to stamp import 
documents thereby providing a means of authentica tion and ultimately establishing a legal basis 
for the resolution of any dispute that may ar ise in relation to the respective transaction. 
These duties are within the bound rates in Jamaica's schedule for goods. 
MEXICO'S QUESTIONS 
 We would be grateful if Jamaica could repl y to the following questions which pertain to 
document WT/TPR/S/242  of 7 December 2010. 
IV. TRADE POLICIES BY SECTOR / (5) Services / (ii) Financial services  / (b) Banking 
• According to paragraph 63, foreign banks may establish either branches or subsidiaries.  
However, foreign banks that establish branch es must also satisfy a global minimum capital 
requirement.  What is the global minimum capital required to establish branches or 
subsidiaries in Jamaica? WT/TPR/M/242/Add.1 
Page 44 
 
 
  Response  
The global minimum capital requirement to establis h in Jamaica branches of foreign banks (nb. 
branches are not considered to be legally distinct  from their headquarter offices) is not less than 
J$250 million paid up in cash and the branch in Jamaica is required to maintain assigned capital 
(which must be held in Jamaica) of at least  J$60 million, consistent with the minimum capital 
requirements for local banks.  Foreign bank subsid iaries are established pursuant to local bank 
minimum capital requirements and are therefore not subject to global minimum capital requirements. 
• Paragraph 64 states that the authorities have indicated that Jamaica is set to establish an 
International Financial Services Centre that will offer targeted, sophisticated services to 
encourage the growth of professional and financ ial services in Jamaica to support the needs of 
international companies.  What are th ese targeted, sophisticated services? 
Response  
Jamaica is at a preliminary stage of developing  its International Financial Services Centre.  
However, the services proposed a re expected to include:  corporate and partnership formations, 
trusts administration services, as well as banking, securities and insurance services. 
IV. TRADE POLICIES BY SECTOR / (5) Services / (iii) Telecommunications  / (b) Regulatory 
framework / (c) IT-enhanced services 
• Paragraph 76 states that the government intr oduced the draft Information and Communication 
Technology Policy in 2009, which is aligned with the ICT Sector Plan of Vision 2030, and provides the framework for the drafting of a pr oposed ICT Act.  When does Jamaica plan to 
draft this proposed ICT Act? 
Response
 
The Government of Jamaica will begin drafting the proposed ICT Act once the ICT Policy has 
been approved by Parliament.  It is shared that  the process includes the submission of the ICT 
Policy to the Cabinet for consideration and a pproval prior to submission to Parliament.  
Cabinet is expected to consider the Policy before March 31, 2011. 
• According to paragraph 80, under the Jamai ca Export Free Zones Act, incentives (tax relief 
on profits for an indefinite period and exem ption from customs duty on imported capital 
goods and raw materials) are offered to ente rprises in export free zones, carrying out 
information services such as data processing, software development, telemarketing and 
medical transcription.  What facilities are provided for a foreign enterprise offering information services? 
Response
 
Jamaica does not discriminate between local and foreign investors.  Therefore, tax incentives 
are available to any investor once they meet the eligibility criteria.  Investors which are 
corporate bodies will need to be registered in Jamaica pursuant to the Companies Act. 
In pursuance of policy initiatives to increase  investment production and international 
competitiveness, the Export Industry and Enco uragement Act and the Free Zones Act have 
been used as the main drivers to encourage exports.  WT/TPR/M/242/Add.1 
 Page 45 
 
 
  Export Industry Encouragement Incentives Act (EIEA) 
Manufacturing and service entities exporting to th ird country markets are eligible for approval 
under the fiscal incentives regime.  Applicable be nefits include Income Tax Relief for a period 
of up to ten (10) years and exemption from im port duties and raw mate rials for corresponding 
periods.  Approved entities are also entitled to duty free importation of items or articles for use in the construction of their factory or offices. 
Free Zones Act Companies involved in the following activities:  warehousing and storing manufacturing;  
transport operations;  loading and unloading;  exporting and importing;  service operations;  
packaging and shipping;  assembling;  proces sing;  refining;  purifying;  mixing;  and 
merchandising, are eligible for free zone status. 
This status qualifies the approved companies to  duty free importation of capital goods, raw 
materials, construction materials for building, rep airing of premises in the Zone and income tax 
relief for an indefinite period. 
IV. TRADE POLICIES BY SECTOR / (5) Services / (v) Transport / (b) Maritime transport  
• Paragraph 103 mentions that Jamaican nati onals and businesses, foreign companies and 
partnerships, and persons de emed to belong to Jamaica pursuant to the Immigration 
Restriction (Commonwealth Citizens) Act are qualified to own a Jamaican ship;  foreign nationals require a resolution from the Hou se of Representatives.  Does Jamaica grant 
facilities for foreigners to own Jamaican ships? 
Response
 
Jamaican law in the form of the Shipping Act, 1998 provides for the ownership and registration 
of Jamaican ships by foreign companies, foreign maritime entities (FME) and foreign registered 
partnerships.  There is no restriction on the type  of foreign company, FME and partnership that 
may be used save and except that the entity must be entitled under the law of the place of its 
establishment to own and operate ships.  WT/TPR/M/242/Add.1 
 Page 47 
 
 
  REPLIES PROVIDED BY JAMAI CA TO FOLLOW-UP QUESTIONS 
UNITED STATES' QUESTIONS  
• We take note of Jamaica's response to our ques tion regarding the government's plans to bring 
its duties into conformity with its tariff bindings.  We are pleased that Jamaica is reviewing its tariff 
lines;  but, we disagree with Jamaica's statement that it would be best to address this issue in the DDA 
process."  The issue of tariff bindings is not a DDA i ssue.  When does Jamaica plan to complete its 
review with regard to its already-agreed tariff bindings?  
Response  
Jamaica undertakes to complete its review of the outstanding issue subsequent to the completion 
of consultations with the local stakeholders.  This we anticipate can be completed within a 
reasonable time frame.  Jamaica also wishes  to use whatever avenues are available to seek 
consideration for the phased implementation of th e realignment of tariff rates, particularly for 
those tariff lines in which we display certain sensitivities. 
• In its response to a question by the United States regarding Jamaica's telecommunications 
Universal Service Obligations, Jama ica has stated that its current regime expires on May 31, 2011 and 
"decisions relative to the Regime will be informed  by a comprehensive review of same".  Please 
provide information on this comprehensive review.  Has it already been initiated?  When is it 
scheduled to be completed?  And will all decisions about the Regime be made  prior to May 31, 2011?  
Response  
Has it already been initiated? 
Preliminary discussions relative to the review of the Regime have begun and a timetable for the 
review of same is currently being developed.  It is noted in this regard that some aspects of the review may require public and other stakeholder consultations. 
When is it scheduled to be completed? 
In light of the answer provided above the Government of Jamaica is not presently in a position 
to indicate the date of completion.  However we are cognizant of the May 31 expiry date. 
And will all decisions about the Regime  be made prior to May 31, 2011? 
We refer to the responses above. 
• With regard to the universal ser vice fee, Jamaica responded that the results of the audit will be 
tabled in parliament for public reference.  When  will Jamaica publish the results?  Will they be 
available on the internet? 
Response
 
When will Jamaica publish the results? 
All reports tabled in Parliament are deemed  public documents and are available for public 
viewing . WT/TPR/M/242/Add.1 
Page 48 
 
 
  Will they be available on the internet? 
Generally, annual reports are not published on the internet.  Notwithstanding, the annual 
reports may be accessed from the Universal Access Fund Company Limited after being tabled 
in Parliament. 
 
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