WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
WT/TPR/M/260/Add.1 
20 April 2012 
 (12-2118) 
Trade Policy Review Body 
7 and 9 March 2012 Original: English/ 
 anglais/  inglés 
 
TRADE POLICY REVIEW 
TRINIDAD AND TOBAGO 
Record of the Meeting 
Addendum 
Chairperson:  H.E. Mr. Eduardo Muñoz Gómez (Colombia) 
 This document contains the advance written ques tions, and replies provided by Trinidad and 
Tobago.1 
__________________________________________________________________________________  
 
Organe d'examen des politiques commerciales 7et 9 mars 2012 
 
EXAMEN DES POLITIQUES COMMERCIALES 
TRINITÉ ET TOBAGO 
Compte rendu de la réunion 
Addendum 
Président:  S.E. M. Eduardo Muñoz Gómez (Colombia) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses fournies par Trinité et Tobago.
1 
__________________________________________________________________________________ 
 
Órgano de Examen de la s Políticas Comerciales 
7° y 9 de marzo de 2012 
 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
TRINIDAD Y TABAGO 
Acta de la reunión 
Addendum 
Presidente:  Excmo. Sr. Eduar do Muñoz Gómez (Colombia) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por Trinidad y Tabago.1 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   WT/TPR/M/260/Add.1 
 Page 3 
 
 REPLIES PROVIDED BY TRINIDAD AND TOBAGO 
 
ARGENTINA 
QUESTIONS RESPONSES 
Report by the Secretariat (WT/TPR/S/260) 
SUMMARY 
Paragraph 3 explains that government policy has been, and remains, to encourage diversification 
away from dependence on the oil and gas sector. 
1. Could Trinidad and Tobago 
explain in more detail what 
action it is taking to move away from dependence on 
the oil and gas sector? Trinidad and Tobago acknowledges that there is inherent 
wealth in the energy sector which contributes 
approximately thirty five (35) percent of GDP (2010). However, given the non-finite nature of the hydrocarbon sector, there is an urgent need to diversify the economy.   Some of the actions pursued in this regard are: 
 The promotion of opportunities downstream of the 
energy sector and  expansion of energy services 
exports; 
 The targeting of the non-energy sectors for 
development: printing and packaging, food and 
beverage,  Fashion, Mar itime Industry ;Music and 
Entertainment; Film; Food and Beverage; and Yachting 
 Development of sector niches that offer opportunities to 
create value and develop businesses that have strong 
long term growth prospects.  
 Operationalization of a National Innovation System of 
Trinidad and Tobago (NISTT) and National Innovation 
Policy which will outline  the direction of the Government in promoting innovation as the driving force for global competitiveness and economic 
sustainability; 
Paragraph 6 explains that for 50 tariff lines in 201 1 (up from 44 in 2004), applied tariffs exceed the 
bound rates.  Specific duties are applied for anot her 27 tariff lines (mainly alcoholic beverages), 
although they are bound in ad valorem terms, which means it is possible that on some occasions the 
applied tariff may exceed the bound rate. 
2. Could Trinidad and Tobago 
please list the tariff lines that are subject to specific duties? The lines subject to specific duties are  listed below: 
22030010 Beer 
22030020 Stout 
22030090 Other beer made from malt 
22041000 Sparkling wine 
22042100 Other wine, in containers holding 2 litres or 
  less 
22051000 Vermouth, in containers holding 2 litres or 
  less 
22059000 Vermouth, other 
22060010 Shandy WT/TPR/M/260/Add.1 
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  ARGENTINA 
QUESTIONS RESPONSES 
22060090 Other ferm ented beverages 
22071000 Undenatured ethyl alcohol of an alcoholic 
  strength by volume of 80% or higher 
22072000 Ethyl alcohol and other spirits, denatured, 
of   any strength 
22082010 Brandy, in bottles of a strength not  
  exceeding 46% volume 
22082090 Brandy, other 22083010 Whiskies, in bottles of a strength not  
  exceeding 46% volume 
22083090 Whiskies, other 22084010 Rum and tafia in bottles of a strength not 
  exceeding 46% volume 
22084090 Rum and tafia, other 
22085010 Gin and Geneva, in bottles of a strength not 
  exceeding 46% volume 
22085090 Gin and Geneva, other 
22086000 Vodka 
22087000 Liqueurs and cordials 
22089010 Aromatic bitters used as a flavouring agent 
  for food and beverages 
22089020 Other aromatic bitters 22089090 Other aromatic bitters, other 
21069080 Preparations, other than those based on  
  odoriferous substances 
37061000 Cinematographic film, exposed and  
  developed, whether or not incorporating  
  sound track or consisting only of sound  
  track, of a width or 35 mm or more 
37069000 Cinematographic film exposed and  
  developed, other 
I. ECONOMIC ENVIRONMENT 
According to paragraph 6, under the Medium Term Policy Framework, the authorities have 
identified seven pillars for sustainable growth:  people centred development;  poverty eradication 
and social justice;  national and personal security ;  development of info rmation and connections 
technologies;  building a more diversified know ledge intensive economy;  good governance;  and 
foreign policy. 
3. How does this Medium Term 
Policy Framework relate to 
the regional integration 
process that Trinidad and 
Tobago is part of? The Medium Term Policy Framework focuses on 
diversifying and deepening the strategy of becoming 
globally competitive. To this end, the CARICOM regional 
market is seen as a domestic market and concerted efforts are being made to deepen business opportunities with other  WT/TPR/M/260/Add.1 
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 ARGENTINA 
QUESTIONS RESPONSES 
CARICOM Member States and harmonizing laws policies 
and administrative structures, particularly in the context of 
the CSME. CARICOM partnerships are critical in interfacing with the European Union, Canada and other countries. Also in the context of Article XXIV, the MTPF envisages a more aggressive trade policy with Central America, South America and Asia.  
(2) DEVELOPMENTS IN TRADE AND FOREIGN DIRECT INVESTMENT 
(iii) Foreign direct investment 
Paragraph 25 explains that under the new invest ment policy the Government is encouraging 
investment in information and communication t echnology, downstream energy sector, services, 
yachting, fish and fish processing, merchant  marine, printing and packaging, music and 
entertainment, film industry, and the food and beverage industry. 
4. What measures is Trinidad 
and Tobago taking to 
promote investment in the 
mentioned sectors? The Government of the Republic of Trinidad and Tobago 
has adopted a multi-faceted approach towards promoting 
investment. This approach includes the hosting of international conferences/forums, the organizing of targeted trade and investment missions and the realignment of state enterprises and committees res ponsible for the development 
of these sectors. 
The Government of T&T partners extensively with the 
private sector in these ventures. In fact, business 
delegations recently concluded trade and investment 
missions to the United Kingdom, Brazil and India. T&T 
also hosted similar Missions from the People's Republic of 
China, the Republic of Japan and the Republic of Korea.  
The Government of the Republic of Trinidad and Tobago, 
in partnership with the private sector, also annually hosts a 
Caribbean Investment Week which comprises of a Caribbean Investment Forum (CIF) and a Trade and Investment Conference (TIC). The first component, the Caribbean Investment Forum, brings together local and 
foreign investors from the private and public sectors for two 
days of high level discussion on the opportunities and challenges in the various industry areas. The second component, the Trade & Investment Convention (TIC), is a business to business conferen ce which creates the avenue 
for businesses to network, with their regional as well as 
international counterparts, to foster business alliances that 
facilitate trade.  
In an effort to further the development of the specific 
industries and enhance the diversification thrust, the 
Government of the Republic of Trinidad and Tobago also established state enterprises/ committees for those sectors. These enterprises/committees are responsible for the implementation of strategic pl ans which were developed in 
2005. The strategic plans outline investment promotion and 
facilitation activities among other initiatives that will assist WT/TPR/M/260/Add.1 
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  ARGENTINA 
QUESTIONS RESPONSES 
in the development of the sectors. 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) MEASURES DIRECTLY AFFECTING EXPORTS 
(iv) Export tax and duty concessions, including free zones 
Paragraph 57 explains that export incentives in pl ace include provision for the deduction of 150 per 
cent of promotional expenses incurre d in expansion into non CARICO M markets;  duty drawback is 
available for certain imported inputs and needs to  be claimed within one year of export;  and 
exporters are also eligible for a rebate, amounting to 1.5 per cent of the value of export sales, which 
is valid for the reduction of duty payable on future imports. 
5. What sectors have benefited 
from these incentives? With respect to the 150 percent tax deduction, this is 
available for any firm engaging in market research and 
intelligence in extra regional ma rkets.  With respect to the 
rebate, this measure is no longer in effect. 
IV. TRADE POLICIES BY SECTOR 
(1) AGRICULTURE 
(b) Domestic support 
According to paragraph 10, the Agriculture Incentive Programme provides for product specific 
subsidies for establishment or rehabilitation of citr us fruit, coffee, cocoa, coconut, cattle, goat and 
sheep, pig, poultry and rabbit establishments. 
6. What are the eligibility 
requirements for this 
programme?  Are there any 
limits on the size of the 
farms? GENERAL ELIGIBILITY CRITERIA OF THE AIP 
The general eligibility criteria for accessing any of the 
incentives under the Agricultura l Incentive Programme are 
as follows: 
i. Applicant must be registered with the Ministry of 
 Food Production, Land and Marine Affairs 
 (MFPLMA) or the Tobago House of Assembly 
 (THA); 
ii. Applicants can be individuals, cooperatives or other 
 forms of business entities; 
iii. Fishing Vessel must be registered with 
 MFPLMA/THA; 
iv. Proof of authorization to use land (copies of deed, 
 land and building tax receipts, notarized letter of 
 authorization); 
v. Proof of original receipts for goods and services  
SPECIFIC ELIGIBILITY CRITERIA OF THE AIP  
1. VEHICLES FOR AGRICULTURE 
a. Incentives on vehicles can be accessed once within 
a  three-year period. 
b. Used vehicles (pickups, light goods vehicles, panel 
 vans, trucks) require a certificate of road- WT/TPR/M/260/Add.1 
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 ARGENTINA 
QUESTIONS RESPONSES 
 worthiness from the Transport Commissioner and a 
 Valuation Certificate from the Transport 
 Commissioner or authorizing agency. 
2WD and 4WD Pickups and Light Goods Vehicles (under 
2950 kg MGW) 
a. Vegetable crops (field)- a minimum of 0.5ha for 
 undercover; 
 a minimum of 0.25ha for hydroponics and 
 growbox; 
b. Food crops, mixed crops - a minimum of 1ha; 
 and vegetables 
c. Tree crops-a minimum of 2ha; 
d. Mixed crop and livestock-a minimum of 1ha; e. Ornamental crops and-a minimum of 0.25ha;  Nurseries 
f. Livestock – varied holding size  
 
Trucks (2950-5000 kg MGW) 
i. Citrus farmers with a minimum of 8ha cultivated in 
 citrus. 
ii. Cocoa/coffee farmers with a minimum of 12ha 
 cultivated in cocoa and coffee. 
iii. Coconut farmers with a minimum of 20ha 
 cultivated in coconut. 
iv. Farmers marketing/producing cooperatives. 
v. Owners of one or more semi industrial/industrial 
 vessels 
vi. Owner of six or more pirogues. vii. Aquaculture operations involving earthen ponds 
 should  be 8 ha or more in size, producing 
 approximately 36,000 kg of fish per annum. 
 Operations based on intensive re-circulating  technology should be 200 ,000 litres or more in 
 capacity, producing approximately 26,000 kg of  fish per annum. Hatcheri es should be capable of 
 producing approximately 1,000,000 fingerlings per 
 annum. 
All Terrain Vehicles 
i. Tree crop farmers with a minimum of 2ha 
 cultivated. 
ii. Livestock farmers with a minimum of 2ha of 
 pasture. 
2. MACHINERY AND EQUIPMENT 
 WT/TPR/M/260/Add.1 
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  ARGENTINA 
QUESTIONS RESPONSES 
i. Applicable only to the pre- approved listing of 
 equipment and machinery by the MFPLMA. 
3. WATER FOR AGRICULTURE i. Pre-inspection of site is a prerequisite for accessing 
 incentives for ponds, wells and dams. 
ii. For the establishment of wells and dams, 
 permission and design approval must be received 
 from the Water Resources Agency. 
iii. Technical design for ponds must be approved by 
 the MFPLMA. 
iv. For water pumps the horsepower (hp) rating must 
 be 1.5 hp and above. 
4. LAND PREPARATION/ LAND CLEARING 
i. The incentive for Ploughing/Rotovating will be 
 applicable to a parcel of land once per annum. 
ii. The incentive for land clearing will be applicable 
 once per claimant for any parcel of land. 
iii. The minimum hectarage of land required to qualify 
 for these incentives will be 0.4 ha in Trinidad and  Tobago. 
iv. A Certificate of Environmental Clearance (CEC) 
 from the Environmental Management Authority  (EMA) for clearing hectarages of 5 acres (2 ha) or 
 greater. 
5. ESTABLISHMENT AND REHABILITATION OF 
 CROPS 
Establishment of new fields refe rs to new lands brought into 
production. The incentives for rehabilitation will be 
applicable once per claimant for any parcel of land. 
CITRUS i. A minimum of 0.4 ha for new orchards established. 
ii. A minimum of 0.4 ha for rehabilitated orchards. 
 
COCOA AND COFFEE 
i. A minimum of 1 ha for new and rehabilitated 
 cocoa- coffee fields in Trinidad and 0.4 ha in 
 Tobago. 
ii. Fermentaries must meet the specifications set by 
 the Cocoa and Coffee Industry Board (CCIB). 
COCONUTS i. A minimum of 5 ha must be established or 
 rehabilitated to qualify for this incentive.  WT/TPR/M/260/Add.1 
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 ARGENTINA 
QUESTIONS RESPONSES 
6. INTEGRATED PEST MANAGEMENT 
i. A list of approved chemicals and materials from the 
 MFPLMA and the Pesticide Board of Trinidad and 
 Tobago. 
7. THE LIVESTOCK SUB-SECTOR 
i. A list of approved grasses, cereals and legumes is 
 available from the MFPLMA. 
ii. A field check will be made by the MFPLMA 12-15 
 weeks after planting to confirm establishment. 
8. THE APICULTURE SUB-SECTOR 
i. Applicable only to the pre- approved listing of 
 beekeeping equipment. 
9. THE FISHERIES SUB-SECTOR 
AQUACULTURE 
i. Commercial enterprises producing fish for food 
 should have no less than 1.5 ha in production 
 ponds. 
ii. The systems established by the applicant must be 
 brought into production within the year that the 
 application is made.  
10. NEW FARMERS/ FARMS (YOUTH IN 
 AGRICULTURE) 
i. Persons must be under forty (40) years old and 
 undergone relevant training for a period of not less  than six (6) months. Training that would be 
 accepted include Youth Apprenticeship Programme  in Agriculture (YAPA), Eastern Caribbean Institute  of Agriculture and Forestry (ECIAF), University of  the West Indies (UWI) and other programmes with 
 similar curricula. 
11. SOIL AMELIORATION i. Applications for the incentive must be accompanied 
 by an approved soil test and recommendation report 
 detailing limestone requirements. 
ii. The incentive can be acces sed once every three years 
Paragraph 15 explains that although the focus of 
government policy has been on small farmers, the 
Commercial Large Farms Progra mme (CLFP) is intended to 
provide for the State to enter partnerships with the private 
sector to set up commercial farms of 100 acres (40.5 ha) or 
more on State owned land.  In 2008, two farms had been established.  The CLFP is expected to be fully implemented by the end of 2013 when it is expected that 14 privately funded, managed and operated commercial farms and one 
privately funded demonstrati on/model farm with training WT/TPR/M/260/Add.1 
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  ARGENTINA 
QUESTIONS RESPONSES 
facilities will have been established. 
Paragraph 15 explains that although the focus of government policy has been on small farmers, the 
Commercial Large Farms Programme (CLFP) is in tended to provide for the State to enter 
partnerships with the private sector to set up commercial farms of 100 acres (40.5 ha) or more on State owned land.  In 2008, two farms had been established.  The CLFP is expected to be fully 
implemented by the end of 2013 when it is expect ed that 14 privately funded, managed and operated 
commercial farms and one privately funded demons tration/model farm with training facilities will 
have been established. 
7. What are the agricultural 
sectors that benefit from the 
Commercial Large Farms 
Programme? The Agricultural Sectors that benefit from the CLFP are:  
• Staples 
• Fruits 
• Vegetables 
• Animals – small ruminants 
  WT/TPR/M/260/Add.1 
 Page 11 
 
  
BARBADOS 
QUESTIONS RESPONSES 
Sections I and II of the Secretariat's Report (WT/TPR/S/260) 
I. ECONOMIC ENVIRONMENT 
1. Under the Medium Term Policy 
Framework, Trinidad and Tobago has 
identified seven pillars for sustainable growth, amongst which includes poverty eradication and social justice (paragraph 6. Page 3 of Secretariat's Report).  How 
does Trinidad and Tobago see Aid for Trade contributing to the aims of the 
Policy Framework?  The Aid for Trade Strategy is envisaged to 
contribute to helping Trinidad and Tobago to 
expand its trade. In this regard, it is intended to assist enterprises engage in trade and improve the domestic business climate, and to promote access to trade finance and trade promotion in the productive 
sectors. The National Aid for Trade Strategy is 
expected to address the following core areas which are priority considerations of the Medium Term 
Policy Framework : 
 Diversification 
 Trade Facilitation 
 Competitiveness and  
 Innovation 
II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 
2. Trinidad and Tobago has a general 
policy seeking to encourage private 
sector trade expansion, innovation and entrepreneurship.  Can Trinidad and 
Tobago elaborate on the measures taken to encourage the participation of small and medium sized 
enterprises?  Trinidad and Tobago views the SME sector as an 
important pillar for its economic survival and growth. There are approximately 18,000 SMEs 
employing approximately 200,000 persons.  
Currently various state agencies namely the 
Business Development Company and National 
Entrepreneurship Development Company Limited offer a range of services in the areas of financial support, training and business advisory services, 
project management support and trade assistance 
and marketing. Some of the specific initiatives 
which these agencies provide include: 
 Research & Development Facility 
 Loan Financing 
 Tax Incentives 
 Training 
 
The Government has also recently approved the establishment of the National Integrated Business 
Incubation System (IBIS). The objectives of the 
IBIS are to enhance economic development in communities and also to encourage the 
establishment of competitive and innovative micro 
and small enterprises (MSEs) throughout the country. The Programme aims to offer solutions WT/TPR/M/260/Add.1 
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  BARBADOS 
QUESTIONS RESPONSES 
and interventions to address the problems typically 
faced by MSEs such as unaffordable work spaces, 
information deficiencies, inadequate financing, management deficiencies and other such problems. 
The proposed solution is a development of IBIS, a 
variant of the best practice models used 
internationally. IBIS will provide operational, 
administrative, infrastructural and financing support to its clients. The objective is to ensure that these 
clients develop sustainable, competitive businesses. 
IBIS will create business incubators established through public/private and similar partnerships as 
well as Community Based Business Incubators 
(CBBIs) which will be located in selected communities. The CBBIs will support these 
communities' thrust for enterprise development to 
address poverty and unemployment alleviation. 
The Government is also currently working with the 
Trinidad and Tobago Stock Exchange to create a 
third tier on the exchange  to provide Small and 
Medium Enterprises with access to capital. Additionally, a new National SME Policy is under 
development. 
  WT/TPR/M/260/Add.1 
 Page 13 
 
     B R A Z I L  
QUESTIONS RESPONSES 
IV. MULTILATERAL FORUM 
(ii) Aid for Trade  
1.  In paragraph 30, the Government's 
Report mentions that Trinidad and 
Tobago is currently developing a National Aid for Trade (AfT) Strategy, 
in collaboration with the Inter-
American Development Bank (IADB). 
Could Trinidad and Tobago provide 
more information about such 
Strategy? The Report states that the 
Strategy is to be finalized by March.  
When is it expected to come into 
force?  The Strategy is now scheduled to be completed in 
June 2012 and to enter into force in August 2012. 
The strategy focuses on the improvement of supply capacity for domestic enterprises. The thematic 
areas are competitiveness, diversification, trade 
facilitation and innovation. The National Strategy which is being financed by the Inter-American Development Bank (IADB) focuses on domestic deficiencies and is intended to complement the CARICOM Aid for Trade Strategy which focuses on cross border deficiencies. 
The key elements of the strategy will be 
disseminated online for interaction with the wider 
membership and the donor community.  
VII. SECTORAL DEVELOPMENTS 
(v) Agriculture Sector  
2.  The paragraph 41 of the Government's 
Report lists some strategic initiatives 
aimed at revitalizing the Agriculture sector.  Could Trinidad and Tobago 
further elaborate on how it intends 
to achieve such goals? Is there a 
structured plan through which 
Trinidad and Tobago expects to attain such objectives? If so, could Trinidad and Tobago provide an 
internet link to such plan?  The Government's overarching goal for the 
agriculture sector is to create a food secure nation. 
In this regard, an Action Plan 2012- 2015 has been developed which is pr emised on a five–pronged 
approach, namely, to: 
(i) reduce the food import bill; 
(ii) further reduce inflation, primarily 
driven by food prices; 
(iii) create sustainable, long term 
productive employment; 
(iv) contribute to the diversification of the 
economy, and 
(v) increase the country's food security. 
This five (5) year comprehensive Action Plan 
(2012-2015) aligns resources with national 
priorities and intends to create a platform for the national government and private sector to venture 
into strategic partnerships to effectively mobilize 
and utilize available land, labour, human resources 
and technology. 
In order to achieve the goals as identified, following 
are some of the key areas of focus of Government 
for the agricultural sector:  
1. Food Production 
The focus will be inter alia , on: 
 The targeting of production of specific 
products  within the major food groups WT/TPR/M/260/Add.1 
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      B R A Z I L  
QUESTIONS RESPONSES 
(namely, staples, food from animals, 
vegetables, legumes and fruits. Generally, the 
target is to achieve a greater level of self-sufficiency in the medium term (up to 5 years) for each commodity.   In this regard, specific crops will be targeted for domestic and export markets. 
 Research and development  in the area of high 
yielding pest resistant varieties; 
 Identification and selection of appropriate 
machinery  for increased mechanization in the 
production of certain crops;  
 Training of farmers in efficient production 
technologies ; and  
 Improving productivity by utilizing new 
technologies . 
2. Distribution and Access 
The focus will also be on development of 
technology and infrastructure for post-harvest 
storage and handling practices as a way of alleviating problems of both inconsistent supply 
and quality and increasing the shelf life of products. 
3. Development of a water resources 
management strategy 
The lack of water during the dry season is a major 
factor limiting crop production.  The following 
initiatives designed to positively impact on the 
provision of water to farmers will be implemented: 
(i) Development of a policy environment 
facilitating farmers to construct their 
own ponds. 
(ii) Establishment of Demonstration 
stations for drip irrigation 
(iii) Improvement in Irrigation 
Infrastructure  
 
4. Improvement in land management and 
tenure of farmers 
Government will:  
 Facilitate the identification and distribution 
(through lease arrangement) of suitable lands to 
facilitate increased production; 
 Seek revision of certain terms and conditions 
of Standard Agricultural Land Leases  to 
treat with the issue of security of tenure;  WT/TPR/M/260/Add.1 
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     B R A Z I L  
QUESTIONS RESPONSES 
 Expand the acreage under cultivation under the 
Commercial Large Farm Programme; 
5. Encouragement of youth participation in 
the agriculture sector 
The ongoing thrust to position the agriculture sector 
as a viable career choice, through the One-Year 
Agriculture Professional Development 
Programme  for fifty (50) University Graduates in 
Agriculture.   
6. Higher levels of productivity for locally 
produced goods and the consumption of 
healthy, locally produced food 
Government proposes to encourage the production 
of specific vegetables for domestic consumption  
and for export  and promote home gardening for 
certain crops. 
 WT/TPR/M/260/Add.1 
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CANADA 
QUESTIONS RESPONSES 
Part IV. Trade Policies by Sector; (1) Agricult ure; (iii) Agriculture policies; (b) Domestic 
Support: paragraph 10, page 59. 
1. The Secretariat report notes that 
the Agriculture Incentive 
Program, introduced in June 2011, provides product-specific subsidies for a number of 
products and livestock. 
 
Could Trinidad and Tobago 
elaborate on the types of 
measures that are eligible for 
this subsidy? Trinidad and Tobago much like the rest of the world is 
facing food supply challenges, resulting in an increase in 
food prices.  These issues can only be addressed if the local agricultural sector becomes globally competitive, resilient, and adaptive and driven by technology.  The Agricultural Incentive Programme, which was approved by Cabinet in 
April 2011, attempts to assist local farmers to overcome the 
major challenges faced in the sector.   
The Agricultural Incentive Progr amme provides support to 
farmers in the form of percentage rebate on the cost in the following areas: 
- Vehicles /Machinery/Equipment : assisting new and 
existing farmers and fisherfolks who wish to invest in 
appropriate vehicles, equipment, machinery for their 
operations;  supports the Govern ment's  mandate to enable 
agriculture to be technology driven and encourage greater levels of mechanization in the sector; promote on-farm irrigation systems that will facilitate agricultural activity during the dry season thereby encouraging more optimum use of the land resources. 
- Soil Conservation:  This incentive encourages Good 
Agricultural Practices and soil conservation methods. 
- Land Preparation:  Land clearing and preparation 
are essential for the start-up of any farming enterprise.  The 
Land clearing incentive is designe d to encourage persons to 
clear unproductive lands in order to start farming activities.  
Land preparation incentives target new and existing 
agricultural entrepreneurs who are required to pay for these 
services. 
- Crop sub-sector:  This incentive is targeted to crops 
such as citrus, cocoa, coff ee, coconuts and rice.  The 
incentive is designed to encour age new farmers to enter the 
sub-sector and to return exis ting farms to profitability. 
- Protected Agriculture: The incentive is designed to 
promote the establishment and management of new fully-
enclosed green houses and new partially-enclosed shade 
houses, for the vegetable sector. 
- Integrated Pest Manageme nt:  This incentive is 
designed to assist in the reduction of pesticide residues in 
crops and also ensure higher food safety standards. 
- Livestock sub-sector: This incentive is targeted to 
livestock such as cattle/buffalo, pigs, poultry rabbits, goat 
and sheep. The incentive is designed to encourage new  WT/TPR/M/260/Add.1 
 Page 17 
 
 CANADA 
QUESTIONS RESPONSES 
farmers to enter the sub-sector and to return existing farms 
to profitability. 
- Post Harvest and Marketing:  Incentives for post-
harvest activities are aimed at increasing the value of 
farmers output, along the value chain. 
- Youth in Agriculture:  This incentive is to 
encourage young farmers with training in agriculture to 
enter the industry and participate actively in food 
production.  It is envisaged that such farmers would get 
preference for planting material and starter stock at government stations as well as preference for state lands as 
these become available for agriculture. 
- Fisheries: The Marine Fisheries industry of 
Trinidad and Tobago provides fish fprotein, employment 
and revenue for the country. Incentives are given to support fishing operations consistent with the sustainable use of 
fisheries resources. 
- Security in Agriculture: Praedial Larceny continues 
to impact negatively on the agricultural sector.  This 
incentive is intended to assist farmers by subsidizing security inputs that would enable them to better secure their holdings. 
- Agro- Processing: This incentive aims at assisting 
in the development and expansion of Agribusiness 
Ventures. 
- Soil Amelioration:  This incentive aims at assisting 
the enhancement of fertilizer intake and efficiency, reduce 
fertilizer cost to the farmer and improve crop or pasture type selection, yield and quality. 
 
Part IV. Trade Policies by Sector; (1) Agricult ure; (iii) Agriculture policies; (b) Domestic 
Support: paragraph 11, page 59. 
2. The Secretariat report indicates 
that one of the main factors accounting for the failure of 
earlier programs to improve 
agriculture was the problem of establishing land tenure rights; some sources indicated that only 35% of land holdings held state recognized titles.  We 
acknowledge that Trinidad and 
Tobago has taken several measures to address this problem, including passing new laws in 2010 including the Registration 
of Titles to Land Act, The Land The three (3) pieces of legislation have been proclaimed 
(passed by Parliament of Trinidad and Tobago) but requires 
further amendments.  The necessary amendment Bills have been prepared and passed by  the Legislative Review 
Committee and the revised legislation are expected to be brought to Parliament at the earliest opportunity.   WT/TPR/M/260/Add.1 
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  CANADA 
QUESTIONS RESPONSES 
Adjudication Act, and the Land 
Tribunal Act. The Secretariat 
report indicates that these new laws have not been implemented.  
Can Trinidad and Tobago 
provide an update on the 
implementation of these new 
laws? 
  WT/TPR/M/260/Add.1 
 Page 19 
 
  
CHILE 
QUESTIONS RESPONSES 
(iii) Standards and other technical requirements 
(a) Standards 
82. In 2005, the TTBS initiated a review of th e standards portfolio; obsolete standards were 
dispensed with, and the majority of existing standards were updated and new ones adopted.  
Between 2005 and May 2011 there were 79 new/revi sed technical regulations, and ten more were 
due to be adopted in September 2011.  In May 20 11, there were a total of 345 voluntary standards 
and 79 technical regulations (compulsory standards). 
 
1. Question:  Is there an annual 
timetable for the review of existing 
technical regulations and their 
possible amendment or elimination? The timeframe for periodic review of standards and 
technical regulations is normally five years. In 
addition, an annual plan is developed for each 
financial year (October to September); this workplan identifies the standards and technical regulations which will be  developed, reviewed, 
amended or eliminated. 
 
86. he TTBS is responsible for certification, conformity assessment, laboratory testing and 
accreditation, inspection and monito ring, and metrology and calibration.   The TTBS is authorized to 
certify a company's management system to the ISO 9000 Quality Assurance Standards and 14001 
Quality and Environmental standards.  The Certif ication Division also has the capacity to certify 
against national product standards.  The TTBS also grants exporters a certificate of conformity or 
export worthiness for a particul ar batch or product volume. 
 
2. Question:  Does Trinidad and Tobago 
conduct conformity assessments using the supplier's declaration, third party assessments, or both depending on the 
type of product?  Trinidad and Tobago's Conformity Assessment 
activities, recognizes third party assessments, from 
an accredited body, as part of the process for verifying conformance to stated specifications.  
Supplier declaration is not accepted at this time. 
According to the Report by the Secretariat, para graph 47, section III Trade policies and practices by 
measure, (1) Measures directly affecting imports , (vi) Contingency measures, (a) Anti dumping and 
countervailing duties, in 2005 the authorities no tified their intention to review anti dumping 
legislation and regulations and mo re recently, the Ministry of Trade and Industry was working with 
the Chief Parliamentary Council to amend the current legislation. 
 
3. Could Trinidad and Tobago state, in 
general terms, the reasons why it feels 
it should, or has to review the current 
legislation in this area and what main 
aspects it plans to review? The need for amendments arose from the Ministry 
of Trade and Industry's experience since 1996 with 
the implementation and enforcement of the Act and 
its Regulations. Some of the gaps in the current 
legislation have led to delays in the initiation of investigations and delays in the issue of determinations.  These deficiencies have been exploited through litigation and have had the effect 
of retarding the completion of investigations. These 
problems have reduced the effectiveness of the Act 
for the domestic industry.  WT/TPR/M/260/Add.1 
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  CHILE 
QUESTIONS RESPONSES 
The proposed amendments to the Antidumping and 
Countervailing Duties Act and Regulations of 
Trinidad and Tobago are to ensure that the Act and 
regulations serve the purpose of protecting the local 
industry from unfair trading practices in a manner that is compliant with the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, also referred to the "WTO/GATT Antidumping Agreement." 
According to the Report by the Secretariat, pa ragraphs 49 and 50, section III Trade policies and 
practices by measure, (1) Measures directly affecting imports, (vi) Contingency measures, 
(b) Safeguards, there is no specific legislation d ealing with safeguard measures (paragraph 49), but 
there is a mechanism in the framework of CARICOM (paragraph 50). 
4. Could Trinidad and Tobago confirm 
whether the safeguards referred to in 
paragraph 50 are part of an intraregional safeguard mechanism that applies exclusively to imports from member countries and only on the basis of quantitative restrictions? The safeguards referred to in paragraph 50 are part 
of the Revised Treaty of Chaguaramas and forms 
part of the intra-regional safeguard mechanism that applies exclusively to imports from Member States of CARICOM.  Article 92(2) of the Revised Treaty 
of Chaguaramas provides that; 
"Where a Member State decides to exercise its 
rights under paragraph I, it may provisionally, until 
a determination by the CARICOM Council for 
Trade and Economic Development (COTED) is 
made: 
(a) limit imports of the product of Community 
origin by means of quantitative restrictions at a rate 
not less than the rate of such imports during any 
period of 12 months which ended 12 months before 
the date on which the restrictions entered into force; 
(b) take such other measures either instead of or in 
addition to quantitative restrictions in accordance 
with sub-paragraph (a) as COTED may authorize." 
5. Could Trinidad and Tobago please 
provide further background on this 
mechanism, including:  (a) the 
methodology for determining the 
amount of the quantitative restriction;  (b) the duration of the mechanism;  (c) the period of application of the measures;  (d) the possibility of 
renewal;  (e) investigation procedures. Further background can be found in Articles 92 and 
150 of the Revised Treaty of Chaguaramas (located 
at the website of the CARICOM Secretariat) which provide as follows: 
"Article 92 - Difficulties Occasioned by Particular 
Imports 
1. Subject to Article 150, wherever imports of any 
product, including any primary agricultural product, 
into a Member State cause serious injury or the threat of serious injury to domestic producers of 
like or directly competitiv e products in any industry 
or specific sector of any industry, the importing Member State shall be free to impose restrictions in 
respect of such product if:
  WT/TPR/M/260/Add.1 
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 CHILE 
QUESTIONS RESPONSES 
(a) the import of the product in question results in a 
substantial decrease in demand for the like or 
directly competitive product produced within its jurisdiction; and 
(b) the decrease in demand is directly linked to an 
increase in imports consigned from another 
Member State. 
2. Where a Member State decides to exercise its 
rights under paragraph I, it may provisionally, until 
a determination by COTED is made: 
(a) limit imports of the product of Community 
origin by means of quantitative restrictions at a rate 
not less than the rate of such imports during any period of 12 months which ended 12 months before 
the date on which the restrictions entered into force; 
(b) take such other measures either instead of or in 
addition to quantitative restrictions in accordance with sub-paragraph (a) as COTED may authorise. 
3. In applying the restri ctions in accordance with 
paragraph 2, a Member State shall not discriminate 
among the sources of supply or the nationality of 
suppliers, and shall give consideration to the 
proportionate share of the market previously 
enjoyed by each Member State. 
4. Where a Member State: 
(a) intends to act in accordance with paragraph 2, it 
shall, prior to taking such action, enter into 
consultations with affected Member States and 
notify COTED of that intention and the nature of 
the action; 
(b) is unable to comply with sub-paragraph (a) of 
this paragraph, it shall, in taking the action, 
immediately notify COTED of the application and 
the nature of the action. 
5. The Member State at the time of taking such 
action in accordance with paragraph 2 shall submit 
to COTED: 
(a) such information as is reasonably available, 
including: 
(i) the identity of the producers and the length of 
time during which the producers of the like or 
directly competitive product have been in production; 
(ii) a complete description of the product and the 
annual volume of production; 
(iii) an estimate of the size by volume of the WT/TPR/M/260/Add.1 
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  CHILE 
QUESTIONS RESPONSES 
domestic market, the share by volume in the 
domestic market of the domestic product, imports 
from other Member States and from third States; 
(iv) information on changes in the level of sales and 
employment for the periods comparable to the 
periods during which imports have increased; and 
(v) any other information as COTED may from 
time to time prescribe; 
(b) a programme setting out the measures to be 
taken to assist the domestic producers to alleviate 
the difficulties they face and to restore their 
position in the domestic market. 
6. COTED shall give its earliest consideration to the 
submission made under paragraph 5, and: 
(a) make a determination of the appropriateness of 
the restrictions and whether they shall be continued; 
(b) where it decides that the restrictions shall be 
continued, determine the adequacy of the 
programme and the period for which the restrictions 
shall continue. 
7. Restrictions applied by a Member State pursuant 
to paragraph 2 shall be confined to those necessary 
to forestall a threat of serious injury or otherwise 
eliminate injury. 
8. The Member States in applying restrictions 
pursuant to paragraph 2 shall not discriminate and: 
(a) shall progressively relax them as the relevant 
conditions improve; 
(b) may maintain them only to the extent that the 
conditions mentioned in para graph 1 of this Article 
continue to justify their application. 
9. If a Member State has demonstrated that the 
imposition of measures by another Member State 
under paragraph 2 has caused injury or the threat of serious injury to domestic producers in its 
jurisdiction, then the first mentioned Member State 
may request consultation with the Member State maintaining the restrictions and notify COTED 
accordingly. 
10. Where the consultations do not result in a 
mutually agreed solution, the matter may be 
referred to COTED for a determination. 
11. If COTED is not satisfied that the Member 
States applying restrictions are acting in accordance 
with the provisions of paragraph 7, it may  WT/TPR/M/260/Add.1 
 Page 23 
 
 CHILE 
QUESTIONS RESPONSES 
recommend to the Member State adversely affected 
thereby, alternative arrangements to the same end." 
"Article 150 - Safeguard Measures 
1. Where, in accordance with paragraph 1 of Article 
92, a disadvantaged country establishes an 
entitlement to limit imports of goods from other Member States, then, notwithstanding any other provisions to the contrary in this Treaty, the 
disadvantaged country may limit such imports for a 
period of up to three (3) years unless COTED authorises the limitation for a longer period and 
take such other measures as COTED may authorise. 
2. A disadvantaged country applying restrictions in 
accordance with paragraph 1 of this Article shall 
notify them to COTED, if possible, before they come into force. COTED may, at any time, consider those restrictions and shall, in light of such 
consideration, make reco mmendations designed to 
moderate any damaging effect of such restrictions or to assist the disadvantaged country to overcome 
its difficulties. 
3. Nothing in this Treat y shall be construed as 
entitling any Member State to apply safeguard 
measures against the products of Community origin of a disadvantaged country where such products do not exceed 20 per cent of the market of the importing Member State." 
 
6. If in Trinidad and Tobago (or any 
other member of CARICOM) the 
circumstances provided for under the 
CARICOM safeguard mechanism for the triggering of a safeguard action are met (either a balance of payments imbalance or the need to protect a 
specific sector), does that action 
automatically apply to all of the remaining members, or does it apply "bilaterally" according to criteria relating to the origin and/or amount 
of the imports? Article 92 of the Revised Treaty of Chaguaramas 
(referenced at the answer to question 3 above) set out the circumstances in which the safeguard mechanism could be triggered, that is "Subject to Article 150, wherever imports of any product, 
including any primary agricultural product, into a 
Member State cause serious injury or the threat of serious injury to domestic producers of like or directly competitive products in any industry or specific sector of any industry." In terms of the Members to whom the mechanism would be 
applied, Article 92(3) provides that in "applying the 
restrictions in accordance with paragraph 2, a Member State shall not discriminate among the sources of supply or the nationality of suppliers, and shall give consideration to the proportionate 
share of the market previously enjoyed by each 
Member State." 
 
7. Can Trinidad and Tobago point to To the best of our knowledge, information and WT/TPR/M/260/Add.1 
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  CHILE 
QUESTIONS RESPONSES 
any cases in which such measures 
have been applied in CARICOM? belief, there has been at least one case in which 
such a measure was applied in CARICOM. It was 
applied by Grenada. 
The Report of the Secretariat, in paragraphs 13 4 to 138, section III Trade policies and practices by 
measures, (3) Measures affecting production and tr ade, (vii) Competition policy and price controls, 
(a) Competition policy, describes the progress that ha s been made with regard to the Fair Trading 
Act enacted in 2006. 
8. These paragraphs give the impression 
that the authority responsible for 
ensuring free competition (Fair Trading Commission) is about to enter into operation.  Has this happened?  When 
is it expected to begin its activities as 
such?  Trinidad and Tobago determined that it is most 
practical to take a phased approach to the 
proclamation of the Act.  In the first phase, Parts IV, V and VI of the Act were proclaimed so as to facilitate the appointments, retention of staff, 
training, the sourcing and outfitting of a venue for 
the Commission; and the development of a public education campaign in respect of the provisions of the Act and the role and function of the Commission.  This is to be followed by the second 
phase, i.e. the proclamation of Parts I, II, III, VII, 
VIII and IX of the Act and the opening of the Commission to the public.  There have been delays in the completion of the first phase.  Trinidad and Tobago is working assiduously towards the 
completion of the first phase, after which the 
remaining Parts of the Act will be proclaimed and the Fair Trading Commission will begin its 
operations. 
9. Is the Community Competition 
Commission (CCC) mentioned in 
paragraph 138 a supranational 
competition authority? Article 174 of the Revised Treaty of Chaguaramas 
provides that the CCC may, in respect of cross-
border transactions or transactions with cross-
border effects, monitor, investigate, detect, make determinations or take ac tion to inhibit and penalise 
enterprises whose business conduct prejudices trade or prevents, restricts or distorts competition within 
the CARICOM Single Market and Economy 
(CSME). 
10. According to paragraph 138, the CCC 
and the Fair Trading Commission 
appear to have the same powers.  What 
criteria would be used to decide which 
of the two Commissions to assign 
cases (or investigations) to?  Cases that relate to anti-competitive conduct 
specifically within the Trinidad and Tobago market 
will be investigated by the Fair Trading Commission. Cases that have cross-border 
effects/implications will be investigated by the 
CCC. 
13. The applied MFN rate exceeded the bound rate on 50 lines in 2011, up from 44 in 2004 
(Table III.2).  The authorities attributed the in crease to the change in nomenclature to HS07 from 
HS02. 
16. Duty free rates apply to nearly 42 per cen t of agricultural tariff lines and 71 per cent of 
industrial lines.  Although all duties are bound in ad valorem terms, specific duties are applied on 
27 tariff lines (mainly alcoholic beverages) (Table III.4).  These products are included in List C of  WT/TPR/M/260/Add.1 
 Page 25 
 
 CHILE 
QUESTIONS RESPONSES 
the CARICOM CET exceptions.  It is possible that the application of specific duties could lead to 
the applied duty exceeding the bound rate.  There were no figures to allow the estimation of ad 
valorem equivalents (AVEs) of the specific duties; as a consequence, all tariff statistics calculations 
exclude these 27 lines. 
11. Question:  We would appreciate a 
clarification in both cases, in 
particular of paragraph 16, which is 
where sparkling wines and appellation of origin wines fit in, since we understand that they also exceed 
the bound rate.  In respect of No 13, the increase of the no of lines 
has been attributed to the changed nomenclature because a closer examination has revealed that there 
were no increases of tariff to any of the fifty (50) lines during the review period. In addition, the applied tariffs applicable to four (4) the forty four (44) lines were reduced to the bound rate during the 
review period. 
In respect of No. 16, It is not evident that the 
specific duties applied to sparkling wines exceed 
the bound rate. Trinidad and Tobago is available to 
discuss with Chile or any other Member any 
information that may lead to an alternative conclusion. In respect of the issue of List C of the CARICOM CET requires resolution at the regional 
level. 
 WT/TPR/M/260/Add.1 
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      C O L O M B I A  
QUESTIONS RESPONSES 
SUMMARY 
Paragraph 8 of the Secretariat report indicates that:  "Agriculture remains a small and declining part 
of the economy despite relatively high levels of support and the Government's emphasis on the 
sector to help diversify the economy away from oil and gas.  Support is provided through a wide 
variety of measures, including border measures to  maintain higher domestic prices; guaranteed 
prices for some products; input subsidies; investment  subsidies; and low interest loans.  To some 
extent the decline, at least since 2003, can be attri buted to the reduction in the value of preferential 
access to traditional markets, but the small size of farms, uncertain tenure for many farmers, the 
small domestic market, and the decline in produc tion of higher value crops like cocoa and coffee 
have also contributed.  Whether changes to policy, such as higher subsidies through the new 
Agricultural Incentive Programme and measures to  address land tenure problems, succeed remains 
to be seen." 
1. What measures are referred to 
when it is indicated that there 
are border measures to maintain higher domestic prices; guaranteed prices for 
some products; input subsidies; 
investment subsidies? The Government of Trinidad and Tobago attaches 
special importance to the need to develop the domestic 
agriculture sector for long term food security. The support noted are geared primarily for domestic consumption. In this regard, the government is 
considering these measures with a view to striking a 
balance with its development objectives for food 
security and its multilateral obligations.   
 
III. TRADE POLICIES BY MEASURE (1) MEASURES DIRECTLY AFFECTING IMPORTS 
(a) Procedures 
According to paragraph 2 of the Secretariat re port:  "For all imports in excess of TT$20,000, the 
importer is required to hire a local customs broker to fill out the required documentation, this is 
submitted to the Customs and Excise Office with the required documents and a fee of TT$40 for 
commercial declarations and TT$10 for all others .  The Customs and Excise office determines all 
duties and taxes to be paid, and returns the docum ents to the importer, who pays the determined 
amount to the custom's cashier before the consi gnment is cleared.  Where documentary submissions 
do not support physical examinati ons, with regards to quantity and the description of the declared 
goods, Customs may require payment of additional duties." 
2. What is the procedure and what 
are the requirements for 
obtaining a licence to act as a customs broker?  Could Trinidad and Tobago indicate 
the criterion used to define the 
amount of US$20,000, as well as what controls of other goods are 
in place to prevent smuggling? Sections 3-10 of the The Customs Brokers and Customs 
Clerks Act, Chapter 78:03 of the Laws of Trinidad and Tobago outline the procedures and requirements for 
obtaining a licence to act as a customs broker. The act is 
available on the following web site http://rgd.legalaffairs.gov.tt/Laws2/Contents.htm 
A fiscal measure of the 2010/2011 budget of Trinidad and Tobago introduced an increase to TT$20,000 to the value of consignments allowed to be cleared without the 
preparation of documentation from a customs broker. 
This measure was introduced to to assist the small and medium sized sector.     WT/TPR/M/260/Add.1 
 Page 27 
 
     C O L O M B I A  
QUESTIONS RESPONSES 
3. Is any amount for customs 
intermediation determined in 
the export regime? The measure referred to in Paragraph 2 of the 
Secretariat's Report does not apply to the export 
regime. 
4. When is it possible for customs 
users to act directly? If we define customs user as the declarant or importer, 
that entity may act directly without a customs broker for transactions under TT$20,000.00.  
In paragraph 5 of the Secretariat report, it is i ndicated that:  "Approximately 20 25 per cent of 
imports are physically inspected, compared with  about 66 per cent at the time of the previous 
Review.  Selection of goods for inspection is based on the identity of the importer, type and value of 
goods, and the rate of duty to which they are subject.  For example, goods originating in Trinidad 
and Tobago's traditional trading partners and those subject to relatively lower rates of import duty 
are less likely to be inspected.  More attention is  paid to goods that the authorities believe might 
pose a security threat." 
5. Could Trinidad and Tobago 
explain the criterion used to define the percentage of goods 
to be inspected (20 to 25 per cent)?  What controls of other goods are in place to prevent 
smuggling? The Customs and Excise Division employs risk 
management techniques which are in keeping with World Customs Organization (WCO) best practices as a 
selection criteria for physical inspection. Documentary checks are always carried out to determine criteria for examination and level of risk, whilst other goods are 
routinely and randomly examined. 
(ii) Customs valuation 
According to paragraph 8 of the Secretariat report:  "During the period under review, there has been 
no change to customs valuation procedures.  Cust oms value is determined based on the transaction 
value of goods.  If the transaction value is not  available the duty calculation is based on the 
transaction value of identical goods or, if this is not possible, the transaction value of similar goods.  
If none of the above is available, the valuation pri ce is based on the unit price of greatest aggregate, 
i.e. the unit quantity price at which identical goods or  similar imported goods are sold in the greatest 
aggregate quantity at or about the time of the impor tation of the goods being valued.  If this is not 
possible customs uses a computed value.  The aut horities stated that Customs maintains a database 
of reference prices but this is not published.  They  also stated that approximately three quarters of 
import consignments are valued by custom s according to their transaction value." 
Trinidad and Tobago indicates that a database of reference prices is maintained, but these data are 
not published.  In such a situation, when there is a dispute concerning valuation: 
6. Are these prices used as the 
valuation basis for the payment 
of customs duty? Yes, in the context of the transaction value method. 
7. Is the importer allowed to prove 
the price actually paid or 
payable? Yes, the importer is usually encouraged to prove the 
price paid or payable. 
8. What is the procedure 
established in the legislation for 
requesting an adjustment of the 
value to be paid? According to the Sixth Schedule of the Customs Act 
Chapter 78:01 where the customs value of imported 
goods cannot be determined under paragraphs 3-7, 
inclusive the value shall- 
(a) be determined using re asonable means consistent 
with the principles and general provisions of this 
Schedule; WT/TPR/M/260/Add.1 
Page 28  
 
      C O L O M B I A  
QUESTIONS RESPONSES 
(b) to the greatest extent possible, be based on 
previously determined customs values; and 
(c) make use of the methods of valuation laid down in 
paragraphs 3 to 7, inclusive, using where necessary, 
reasonable flexibility in their application. 
In keeping with this principle, a data base is maintained 
this data base consists of , suppliers, specific products 
and values, this data b ase is updated and reviewed 
regularly.  
9. If the user is unable to prove the 
value during the prior control, 
what procedure is followed for 
the subsequent control? Please see response provided in Question 8. 
(iv) Rules of origin 
Paragraph 33 of the Secretariat report indicates tha t:  "According to its notifications to the WTO, 
Trinidad and Tobago does not maintain any non pref erential rules of origin.  For imports from other 
CARICOM members, it applies CARICOM preferentia l rules of origin.  To comply with these 
rules, goods are deemed to be from the Common Ma rket if they have been:  (a) completely 
produced within CARICOM;  or (b) produced w ithin CARICOM wholly or partly from materials 
imported from third countries, provided a substa ntial transformation has taken place within 
CARICOM (Table III.7).  Substantial transformation may be achieved by change of tariff heading, 
or may be defined specifically for each tariff headi ng in Part A of the List in Schedule II of the 
CARICOM Treaty.  Furthermore, under a 'safeguard ' mechanism, a manufacturer may use materials 
from outside the region when they are not availa ble in a CARICOM State.  However, the Council 
for Trade and Economic Development needs to provide  a waiver to authorize such imports.  Duty 
free treatment is accorded only if goods are shipped directly between member states.  Additionally, a certificate of origin from the exporting country is required with verification taking place at the 
importing end." 
10. Does the mechanism referred to 
by the words "… under a 
'safeguard' mechanism, a 
manufacturer may use materials from outside the region when they are not available in a CARICOM 
State" imply flexibility vis à vis 
the origin criterion to allow inputs to be obtained when there is no available production of a material in a CARICOM 
State? Yes, flexibility is afforded. The CARICOM Safeguard 
mechanism provides for the granting of originating 
status to products, whose production includes inputs of 
non-originating material, subject to the requirements of 
the CARICOM product specific rules of origin. 
(3) MEASURES AFFECTING PRODUCTION AND TRADE 
(iii) Standards and Technical Requirements 
(c) Sanitary and Phyto sanitary Measures 
11. What is Trinidad and Tobago's There has never been a confirmed case of Foot and  WT/TPR/M/260/Add.1 
 Page 29 
 
     C O L O M B I A  
QUESTIONS RESPONSES 
current sanitary status in the 
OIE in relation to foot and 
mouth disease? Mouth Disease in Trinidad and Tobago and neither 
havethere been any cases in livestock displaying clinical 
signs of the disease. 
As to the sanitary status in the OIE, Trinidad and 
Tobago is not listed. 
Paragraph 101 of the Secretariat report indicates that:  "Imports of all plants, fruits, and vegetables, 
including from CARICOM, require an import permit , issued by the Plant Quarantine Unit of the 
MFPLMR.  Import requirements vary depending on the Pest Risk Analysis (which, according to the 
authorities, is done in accordance with IPPC guidelin es).  Trinidad and Tobago does not yet have a 
policy on biosafety or genetically modified organisms (GMOs)." 
12. What procedure does Trinidad 
and Tobago follow when 
determining a pest risk analysis 
(PRA)? Trinidad and Tobago follows the International Standards 
for Phytosanitary Measures (ISPM) Nos. 2, 3 11 and 21 
in the conduct of pest risk analyses. 
In addition a qualitative method is employed and this is 
based on the pest risk poten tial of the quarantine pest 
likely to follow the pathway. The ratings are categorized as follows: high, medium or low pest risk potential. Phytosanitary measures are determined based on the 
level of risk and are included as entry conditions on the 
imports permits issued by the Plant Quarantine Services of the Ministry of Food Production, Land and Marine 
Affairs. 
IV. TRADE POLICIES BY SECTOR 
(3) SERVICES 
In paragraph 48 of the Secretariat report, it is indicated that:  "The services sector accounted for 
over 46 per cent of GDP in 2010, a significant increase from about 40 per cent of GDP in 2005.  
However, the sector was also responsible for employ ing nearly 70 per cent of the total workforce in 
the economy, depicting low labour productivity.  During the period under review services exports 
declined from US$ 644 million in 2005 to US$ 436 million in 2010." 
13. What were the principal sectors 
and factors that had a 32 per 
cent negative impact on exports 
of services? According to the latest revised figures published by the 
Central Bank of Trinidad and Tobago (after the 
preparation of the Secretariat's Report), the total value of 
services exports in 2005 and 2010 was US$897M and 
US$874M respectively, representing a small decline of 2.5 per cent only (as a result of a decline in the export of 
telecommunications services).  
The total value of services imports in 2005 and 2010 
was US$540.7M and US$386.6M respectively.  
Therefore, the total net value  of services exports in 2005 
and 2010 was US$356.3M and US$487.4M respectively 
(an increase of 37%) .  
 WT/TPR/M/260/Add.1 
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  COSTA RICA 
QUESTIONS RESPONSES 
PART I:  QUESTIONS CONCERNING THE REPORT BY THE SECRETARIAT 
Page viii (paragraph 6) 
"In general, tariffs are well below the bound rates but, for 50 tariff lines in 2011 (up from 44 in 
2004), applied tariffs exceed the bound rates." 
1. Could Trinidad and Tobago 
explain what measures it is 
taking or plans to take to remedy 
this apparent violation of Article 
2 of the GATT and what is the time limit envisaged for completing implementation of 
such measures? Trinidad and Tobago as a member of the Caribbean 
Community (CARICOM) applies a Common External 
Tariff (CET). In the case of products whose applied rate 
exceeds the bound rate, a review of the products has 
indicated that the majority have  been at that rate since the 
adoption of the CET. Trinidad and Tobago is aware of its options, either to reduce the applied rate (in accordance with CARICOM rules) or to enter into Article XXVIII re-
negotiations. This is however not simply a national issue 
but a regional one and the resolution must be addressed 
within CARICOM. 
III. TRADE POLICIES BY MEASURE 
(1) MEASURES DIRECTLY AFFECTING IMPORTS Page 27 (paragraph 17):  "During the period unde r review, Trinidad and Tobago applied import 
surcharges on a limited number of agricultural produc ts, mainly poultry at rates of 40 per cent and 
86 per cent, and sugar at 60 per cent and 75 per cen t (Table III.5).  The system of import surcharges 
was introduced in 1990 under the Miscellaneous Taxes Act to provide temporary protection for 
locally produced goods during the period of transitio n to complete tariffication of the trade regime, 
but it remained in place after the process was comple ted.  The rates are applied in addition to any 
tariff." 
2.  How does Trinidad and 
Tobago justify the imposition 
of these surcharges on agricultural products for such a long period of time as they were designed to be temporary measures to be applied during 
completion of a process that 
has now been concluded? The Secretariat Report Table III.5 identifies the 
imposition of import surcharges over the period 1996 to 
2011.  The table shows that there was a significant reduction in import surcharges over the period 2006 to 2011.  Further paragraph 8, page 58 identifies that surcharges on poultry were removed since December 
2006.  
3.  Do the surcharges also apply to 
agricultural products 
produced domestically? Reference in paragraph 17 is to import surcharges and are 
not applicable to locally produced goods but to imports.  
4.  When does Trinidad and 
Tobago plan to abolish these 
surcharges? Trinidad and Tobago has progressively reduced and/or 
removed these surcharges over the period under review 
and remains committed to the progressive elimination/removal of the remaining surcharges.  Trinidad and Tobago intends to abolish these surcharges in the near future.  
Page 33 (paragraph 34):  "Under the Customs Act, the President may impose import prohibitions by 
executive order.  No such prohibitions have been  imposed during the period under consideration.  
Section 45 of the Act lists specific import prohib itions.  These include:  trade marked goods unless 
accompanied by a definite indication of the country in which the goods were made or produced;  …  WT/TPR/M/260/Add.1 
 Page 31 
 
 COSTA RICA 
QUESTIONS RESPONSES 
unrefined sugar not manufactured in Trinidad  and Tobago, except with permission from the 
President. 
5.  In the light of WTO rules, how 
does Trinidad and Tobago 
justify the ban on imports of 
raw sugar? Trinidad and Tobago does not have a ban on the imports 
of raw sugar and has no plans to introduce such a 
measure. 
 
Page 44 (paragraph 71):  "The Government has a dir ect stake in 53 entities, and an indirect stake in 
a further 27 entities.  Thus, government procurement is an important area in Trinidad and Tobago.  
The authorities have been trying to modify the go vernment procurement regime so as to make it 
more efficient, transparent, and accountable.  In 2004, a Cabinet appointed committee was 
established to review government procuremen t policy and processes, and in September 2004 a 
Green Paper on Reform of Government's Procuremen t Regime was laid before Parliament.  In 2005 
a White Paper on the reform of the system was pub lished.   However, the Paper was retracted in 
2008, and the Cabinet agreed that it should be re viewed based on the recommendations of a Task 
Force that had been established to promote the im plementation of e Auction.  According to the 
authorities, two Bills are under consideration by a Joint Select Committee of Parliament (as of end 
2011):  the National Tenders Board Bill (1997);  a nd the Procurement and Disposal of Public 
Property Bill (2006). 
6.  What progress has been made 
in reforming the government 
procurement regime? The Government of Trinidad and Tobago has placed a 
priority on the passing of new procurement since it 
believes that public procurement must employ a system that adopts the operating principles of value for money, transparency and accountability.  
Three main weaknesses have been found in the current 
public procurement regime including: 
 Prevailing deficiencies in the legislative 
framework; 
 A shortage of skilled procurement staff in the 
various public agencies; and 
 A lack of a Regulator, with the responsibility of 
oversight of the entire system to ensure efficiency 
and effectiveness. 
On assuming office in May 2010, the new Government of 
Trinidad and Tobago established a Joint Select Committee 
of Parliament to consider Legislative Proposals on Public Procurement and on the Repealing and Replacing of the 
Central Tenders Board Act.  
Two Draft Bills have been laid in Parliament which is 
available on the Trinidad and Tobago Parliament's website 
at http://www.ttparliament.org/committee_business.php?mid
=19&id=164&sid=66 is being considered by the Joint 
Select Committee.  
The First draft Bill is the "The Procurement and Disposal 
of Public Property Bill, 2006." The purpose of this bill is 
to promote the public interest by prescribing the parameters of a procurement system that provides WT/TPR/M/260/Add.1 
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  COSTA RICA 
QUESTIONS RESPONSES 
certainty thereby increasing public confidence in 
governance whilst allowing for flexibility of commercial 
practice in public procurement.  The proposed legal and 
regulatory framework in the Bill encourages decentralized 
purchasing but requires uniformity of compliance with the observance of the principles of good governance and objectives of efficiency and effectiveness, ethics and fair 
dealing together with the promotion of national industry 
and other public policies. The crux of the propose scheme is the mandatory compliance with Guidelines developed by a Regulator who will develop the Guidelines in 
consultation with civil society.  
The Second Draft Bill is the "National Tenders Board Bill 
1997." This draft bill proposes to repeal and replace the 
Central Tenders Act, Chapter. 71:91 and the establishment of a National Tenders Board (NTB) for the Government 
of Trinidad and Tobago and certain statutory bodies and 
for the establishment of a Parliamentary Commission to 
monitor the activities of the NTB.  
In 2011/2012 the Joint Select  Committee engaged relevant 
stakeholders through public consultations. Within 3 
months of the passage of the legislation which is expected to be completed by the end of 2012, the regulations and guidelines will be approved and the new structure will be geared to encourage e-tendering and web site availability for the processing and awarding of tenders. 
The Government of Trinidad and Tobago has placed a 
priority on the passing of new procurement legislation 
since it believes that public procurement must employ a 
system that adopts the operating principles of value for 
money, transparency and accountability.  
7.  What are the most positive 
changes proposed in the two 
draft Bills mentioned in paragraph 71? The First draft Bill is the "The Procurement and Disposal 
of Public Property Bill, 2006." The purpose of this bill is 
to promote the public interest by prescribing the 
parameters of a procurement system that provides 
certainty thereby increasing public confidence in governance whilst allowing for flexibility of commercial practice in public procurement.  The proposed legal and regulatory framework in the Bill encourages decentralized 
purchasing but requires uniformity of compliance with the 
observance of the principles of good governance and 
objectives of efficiency and effectiveness, ethics and fair dealing together with the promotion of national industry and other public policies. The crux of the propose scheme is the mandatory compliance with Guidelines developed 
by a Regulator who will develop the Guidelines in 
consultation with civil society.  
The Second Draft Bill is the "National Tenders Board Bill  WT/TPR/M/260/Add.1 
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 COSTA RICA 
QUESTIONS RESPONSES 
1997." This draft bill proposes to repeal and replace the 
Central Tenders Act, Chapter. 71:91 and the establishment 
of a National Tenders Board (NTB) for the Government 
of Trinidad and Tobago and certain statutory bodies and for the establishment of a Parliamentary Commission to 
monitor the activities of the NTB.  
In 2011/2012 the Joint Select  Committee engaged relevant 
stakeholders through public consultations. Within 3 
months of the passage of the legislation which is expected to be completed by the end of 2012, the regulations and guidelines will be approved and the new structure will be 
geared to encourage e-tendering and web site availability 
for the processing and awarding of tenders. 
The 1997 proposal will improve the efficiency and 
efficacy of the instituti onal arrangements undertaking 
public procurement.  The Proposal seeks to replace the Central Tenders Board Act to make way for the establishment of a National Tenders Board and Parliamentary Commission to monitor the acquisitions of the Central Government; the Tobago House of Assembly and specific municipal corporations and statutory bodies.  
PART II:  QUESTIONS CONCERNING THE REPORT BY THE GOVERNMENT 
Page 7 (paragraph 8): "Crucially however, gross pub lic debt as a percentage of GDP is projected to 
improve from 38.5 per cent in fiscal 2010 to 36.3 pe r cent in fiscal 2011.  Thus, in terms of debt 
management, these figures represent a marked improv ement on the 2004 levels when overall debt as 
a proportion of GDP stood at 51 per cent." 
8.  Among the policies 
implemented by Trinidad and 
Tobago in order to achieve this 
reduction in the public debt as 
a percentage of GDP, are any 
directly or indirectly related to 
foreign trade?  If this is the 
case, could Trinidad and 
Tobago explain what was 
contained in these policies? Trinidad and Tobago has managed to reduce the share of 
its national debt to GDP over the period under review due 
to prudent fiscal management of the economy.  This 
reduction however, is not linked to foreign trade policies.  
 
 WT/TPR/M/260/Add.1 
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DOMINICAN REPUBLIC 
QUESTIONS RESPONSES 
Trade policy formulation and implementation 
In paragraph 16 of the report on Trinidad and Tobago's trade policy, it is indicated that the 
Ministry of Food Production, Land  and Marine Resources is responsible for agricultural policy 
and for issuing sanitary and phytosanitary permits. 
1.  Could Trinidad and Tobago 
explain what requirements 
have to be met in order to obtain a sanitary or 
phytosanitary permit? The Ministry of Food 
Production, Land and Marine A ffairs is responsible for: 
(i) Issuing Import Permits  to importers wishing to 
import animal products into Trinidad and Tobago 
from different countries. 
A Risk Assessment must be conducted to determine the 
feasibility of importing animal products into Trinidad and 
Tobago from a new country (country with which Trinidad 
and Tobago does not trade in animal products) 
(ii) The Ministry of Food Production, Land and Marine 
Affairs also issues Sanitary Certificates for animal 
Products to be exported to other countries from Trinidad and TobagoThe Sanitary Certificate issued is dependent on the import requirements of the importing country. 
(iii) The MFPLA also issues PhytoSanitary permits 
upon request by a country, to certify that plant products have been inspected and are free of 
harmful pests and disease.   
2.  Are SPS measures notified to 
the WTO?  When SPS 
measures are adopted, in addition to being circulated 
to Members by the WTO, 
what other means are available at the national level to publish them domestically 
and internationally? Yes, SPS notifications are notified by Trinidad and 
Tobago.  On the issue of transparency the following 
measures are adopted by Trinidad and Tobago: 
• Depending on the country that is affected by the 
measure, notification is submitted to the following 
international  organizations  - International Plant Protection Convention ( IPPC), Office of International Epizootics (OIE), Codex Alimentarius and  WTO;  
 SPS measures are published in the National 
Gazette of Trinidad and Tobago 
3.  Is the relevance of SPS 
measures evaluated so that 
they do not become a barrier 
to trade? SPS measures and requirements are reviewed and 
evaluated periodically; usually every three years.  This is 
done to ensure that the measures are consistent with our 
national development plans a nd regional and international 
obligations. 
Foreign investment regime 
In paragraph 4 on page vii of the Summary it is st ated that the new investment legislation, which 
was also being prepared at the time of the last Review, had yet to be enacted, although Trinidad 
and Tobago encourages foreign direct investment in all sectors and there are no restrictions or 
disincentives to investment.  Furthermore, in para graph 18 on page 15, it is stated that the Foreign  WT/TPR/M/260/Add.1 
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 DOMINICAN REPUBLIC 
QUESTIONS RESPONSES 
Investment Act limits foreign ownership of land to one acre for residential purposes and five acres 
for trade purposes. 
4. What form of legal security 
does Trinidad and Tobago 
offer for foreign investment? The Foreign Investment Act of 1990, as amended, is 
currently the main regulatory mechanism governing 
investments.  This piece of legislation makes provision for 
land ownership and share ownership in public companies. 
Recognising that investors are looking for a secure 
environment for their investments, the Republic of 
Trinidad and Tobago has negotiated a number of Investment Promotion and Protection Agreements 
(IPPAs) or Bilateral Investment Treaties (BITs), as they 
are more commonly known.   
Investment Promotion and Pr otection Agreements provide 
the assurance of a minimum standard of treatment in all 
matters and also provides for dispute settlement between 
an investor and the host country. The IPPA is designed to make the environment more transparent and predictable and is therefore, a key instrument in the promotion of trade and investment.  Notably the Global Competitive 
Index 2011 ranked Trinidad and Tobago as 20th of 184 
countries with respect to Protection of Investors.   
IPPAs have been signed between the Government of 
Republic of Trinidad and Tobago and the Governments of 
the United Kingdom, Cuba, the United States of America, 
Canada, Spain, the People's Republic of China, South 
Korea, Switzerland, Germany, Mexico and India.   
5. Could Trinidad and Tobago 
explain whether it is intended 
to abolish the provisions 
restricting land ownership in the new Act?  What does the new Foreign Investment Act provide regarding ownership 
of land for agricultural 
purposes?  Are the conditions consistent with the principle of 
national treatment? In the context of the new investment legislation, these 
policies are being reviewed. 
  
Trade policies by measure Tariff quotas are among the measures directly affec ting imports, section (i), paragraph 28, page 
31.  It is indicated that the Minister of Finance may impose tariff quotas temporarily.  We 
understand that at the moment Trinidad and Tobago is not applying any tariff quotas. 
6. Could Trinidad and Tobago 
explain in detail when 
temporary tariff quotas are imposed and what are the parameters?  How is it possible to find out whether Trinidad and Tobago does not impose any tariff quotas 
and has no plans to so do. WT/TPR/M/260/Add.1 
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  DOMINICAN REPUBLIC 
QUESTIONS RESPONSES 
such measures are being 
applied or not? 
7. To what specific products can 
this mechanism be applied and 
why? This is not applicable   in light of the response to Question 
6 above. 
Trade policies by sector:  Agriculture 
Paragraph 2 on page 55 indicates that about half of  all agricultural land in Trinidad and Tobago is 
owned by the State, including national parks, with  large areas leased for agricultural activities. 
8. How does Trinidad and 
Tobago manage not to distort 
the market given the State's 
power as owner of over half of 
all agricultural land? As a small island developing state (SIDS), land resources 
in Trinidad and Tobago are both scarce and ecologically 
fragile.  The Government's land policy envisages greater 
stewardship of the distribution and management of state land by ensuring greater production and improved 
efficiency on state lands. 
As facilitator, the state l eases agricultural land under a 
Standard Agricultural Lease.   It utilises a lease rental 
structure that is related to parcel size and farming activity aimed at encouraging enterprise development and discouraging under- utilization or abandonment of state 
agricultural lands.  The state does not itself engage in 
production but manages the process of leasing of state 
agricultural lands.  
Land arrangements under the Commercial Large Farms 
Programme (CLFP) are subject to the same terms and 
conditions for Standard Agricultural Leases.  Further, the Government of Trinidad and Tobago does not make any financial contribution to the partnership under the CLFP.  However, the Government of Trinidad and Tobago 
provides the basic infrastructure or public goods, such as 
agricultural access roads, water management 
infrastructure at major water courses, up to the farm gate.    
9. Does Trinidad and Tobago 
plan to grant land ownership 
rights to farmers? The Government of Trinidad and Tobago does not 
envisage any change in the land ownership rights to 
farmers. 
The current Agricultural Land Policy of the Government 
of Trinidad and Tobago includes provisions for: 
• Leasing state land under Standard Agricultural 
Leases; 
• Lease land rental values based on the value of 
economic activity differentiate d by crop type (short /long 
term crop): short term crop production (under one year); 
livestock production; medium to long term crop 
production and commercial production 
The Government of Trinidad and Tobago has however 
recognised the challenges faced by farmers because of  WT/TPR/M/260/Add.1 
 Page 37 
 
 DOMINICAN REPUBLIC 
QUESTIONS RESPONSES 
insecurity of tenure.  In this regard, the Government has 
taken a policy decision to delink land tenure from access 
to agricultural incentives.  This new policy allowed access 
to incentives and for farmers and fisher folk to engage in productive and profitable agricultural enterprises.  Further, in informal occupation of State Land for agricultural 
purposes may qualify for regularisation if certain 
eligibility requirements are met. 
Also, to fast track the transf er of titles to farmers, the 
government embarked on a programme, the Land 
Information System of Trinidad and Tobago (LISTT), 
which will include up to date  data on all state lands. 
Between the 1982 and 2004 agriculture censuses, the 
number of farm holdings fell by over 37 per cent, 
highlighting the declining importance of agriculture in the 
country's economy. 
Between the 1982 and 2004 agriculture censuses, th e number of farm holdings fell by over 37 per 
cent, highlighting the declining importance of agriculture in the country's economy. 
10. In Trinidad and Tobago, is 
there at present any provision 
or policy for the agricultural sector aimed at implementing measures to increase the 
number of farm holdings? The Government of Trinidad and Tobago has taken a 
policy decision to bring arable agricultural land into active 
production.  In this regard, all lands available for leasing 
are publicly advertised in the daily newspapers and interested parties are invited to submit an application. The CLFP is an example of the Government's plan not simply 
to increase farm holdings, but to increase farm holdings 
under active and efficient production. 
Paragraph 15 on page 60 indicates that the Commercial 
Large Farms Programme (CLFP)  is intended to provide 
for the State to enter partnerships with the private sector to 
set up commercial farms of 100 acres (40.5 ha) or more on 
State owned land. 
Paragraph 15 on page 60 indicates that the Commercial Large Farms Programme (CLFP) is 
intended to provide for the State to enter partners hips with the private sector to set up commercial 
farms of 100 acres (40.5 ha) or more on State owned land. 
11. Could Trinidad and Tobago 
give details about the CLFP 
and under what conditions the State enters partnerships with the private sector without this 
becoming a form of prohibited 
subsidy? The establishment of the commercial (large) farms was 
approved in 2007.  In addition to the programme's 
objective of drawing a new level of entrepreneurship, business acumen and private capital into the sector, the programme is positioned to address specific issues within the production/supply side of the sector which include:  
 Production of imported food items not currently 
supplied by our traditional small and medium 
producers in the volumes required, 
 Production of commodities imported in large 
volumes but not traditionally grown locally, 
 Production of consistent volumes of quality WT/TPR/M/260/Add.1 
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  DOMINICAN REPUBLIC 
QUESTIONS RESPONSES 
produce as feed stock for the agro-processing and 
food manufacturing sub sectors, 
 Production of specific commodities in the 
requisite volumes and quality that can facilitate 
the development and maintenance of an internationally competitive export sector. 
 Tucker Valley Farm 
The Tucker Valley Farm was launched in 2008. This 
project was envisaged to include technical cooperation 
from Cuba. The utilized two methods of production, traditional open field and shadehouse cultivation. Tucker Valley Farm had several major aims; to positively affect the food and nutrition security situation in Trinidad and 
Tobago by increasing agricultural production which is to 
be utilized for processing and the production of value added products, highlighting th e use of mechanization and 
other modern farming techniques, being a learning environment for University of Trinidad and Tobago 
(UTT) students to be exposed to the practical application 
of agriculture, among others.  
http://www.chagdev.com/Pages/Chag-News-
TuckerValleyFarm-Projectin-Chaguaramas.htm 
 PSC Nitrogen Demonstration Farm  This 75 acre demonstration farm was also established in 
2008. The PCS Nitrogen Demonstration Farm utilizes 
traditional production methods as well as the use of protected agriculture.  The Farm shows different production methods and trai ning courses are conducted 
for various stakeholder groups in the community such as 
schools and especially for new farmers, such as the former 
Caroni workers. 
http://www.news.gov.tt/index.php?news=951 
Conditions of Partnership – CLFP 
The Government of the Republic of Trinidad and Tobago 
allocates state lands to private investors for commercial 
food production using the public tendering procedure. Proposals, locally, regionally and internationally are invited through advertisements in the print media. The public tendering process ensures that the award of contracts is conducted in a fair and transparent manner.  In 
2001 the state revised the then policy of using the open 
market value approach in determining annual lease rental value in addition to reducing the length of term for 
Standard Agricultural Leases.   
Presently, the rental rate for leased state land is based on 
the value of economic activity , differentiated by crop type  WT/TPR/M/260/Add.1 
 Page 39 
 
 DOMINICAN REPUBLIC 
QUESTIONS RESPONSES 
(short /long term crop): short term crop production (under 
one year); livestock production; medium to long term crop 
production and commercial production. 
Land arrangements under the Commercial Large Farms 
Programme (CLFP) are subject to the same terms and 
conditions for Standard Agricultural Leases.    Further, the 
Government of Trinidad and Tobago does not make any financial contribution to the partnership under the CLFP.  However, the Government of Trinidad and Tobago provides the basic infrastructure or public goods, such as 
agricultural access roads, water management 
infrastructure at major water courses, up to the farm gate.    
All the financial investment is borne by the investor for on 
farm development, infrast ructure, and marketing 
arrangements etc. but in keeping with the overarching 
agricultural policy of the Government 
According to paragraph 18 on page 61, agricultu re in Trinidad and Tobago is quite heavily 
supported through a wide variety of measures incl uding:  border measures to maintain higher 
domestic prices;  guaranteed prices for some products;  input subsidies;  investment subsidies;  and 
low interest loans. 
12. Do these measures not 
constitute a violation of the 
WTO Agreements and Trinidad and Tobago's free 
trade agreements with other 
countries in the region? Trinidad and Tobago does not consider the support 
provided to its agricultural sector in violation of the WTO 
Agreement or its trade agreement with other countries.   
Trinidad and Tobago provides support to the agricultural 
sector that are allowable Green Box support in accordance 
with the criteria set out in Annex 2, AoA, notably: that they be provided through a publicly funded government programme; not involving transfers from consumers and 
not have the effect of providing price support to 
producers.  These measures are exempt from reduction and can be increased without limit.   Allowable support can also  be provided to farmers under general investment support for agriculture and input subsidies to low-income 
and resource poor farmers (S&D Box, Article 6.2 of the 
AoA).   
We are concerned at the administrative procedur es based on Article 49 of the Agreement on Trade 
Related Aspects of Intellectual Property Rights (TRIPS), which states the following:  "To the 
extent that any civil remedy can be ordered as a result of administrative procedures on the merits 
of a case, such procedures shall conform to principl es equivalent in substance to those set forth in 
this Section." 
13.  With regard to paragraph 105 
of the Report on the Trade 
Policy Review of Trinidad and Tobago, and paragraph 107 on 
trademarks in particular, we 
seek clarification on the 
following: There are no administrative procedures regarding 
opposition, annulment, annulment for failure to work and 
nullity. Opposition procedures are not administrative but Hearing Officers exercise quasi-judicial functions in the 
determination of such matters. These functions are 
equivalent to those of a judge of the High Court with respect to cross-examination of witnesses and award of costs. The only course for appeal is through the High WT/TPR/M/260/Add.1 
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  DOMINICAN REPUBLIC 
QUESTIONS RESPONSES 
What administrative 
procedures are provided by 
Trinidad and Tobago? 
We have some doubts 
concerning the said procedures 
because in the aforementioned 
paragraphs it is not clear 
whether procedures such as opposition, annulment, annulment for failure to work and nullity have to go through an administrative procedure at 
the IPO before civil judicial 
proceedings can be brought.  As we can see from the aforementioned Article 49 of TRIPS, it is specified that 
before any civil proceedings 
there must be administrative procedures on the merits of the 
case. Court, the Court of Appeal and the Privy Council.  
For patents, applications for annulment, annulment for 
failure to work and nullity are made directly to the courts 
and thus have no administrative procedures in the IPO. 
Tariffs section 
14.  Could Trinidad and Tobago 
indicate where information 
on tariffs, duties, internal taxes and other import 
related charges is published? Information on tariffs/duties is published in the Laws of 
Trinidad and Tobago Customs Act Ch.78:01. A hard copy 
is available at the Government Printery at a minimal cost. An electronic version is also available at the TTBizLink Business Made Easy website – https://www.ttbizlink.gov.tt/trade/tnt/html/Tariff-Regulations.html . 
Internal taxes are published in various Laws, whose 
updates are published as Legal Notices. Legal notices are 
available at the Ministry of Legal Affairs website http://webopac.ttlawcourts.org  . 
15.  Could Trinidad and Tobago 
indicate where information 
on import licences and products whose import into 
Trinidad and Tobago is 
prohibited is published? Information on import licenses, restricted/prohibited 
products is also available on the TTBizLink website. 
16.  Could Trinidad and Tobago 
indicate where information 
on technical regulations to be 
met for products to be 
imported into Trinidad and 
Tobago is published? Technical regulations can be obtained from the Ministry 
of Food Production, Land and Marine Affairs, the 
Chemistry, Food and Drugs Division and the Trinidad and 
Tobago Bureau of Standards. Links to these 
Ministries/Agencies are available on the TTConnect 
website, www.ttconnect.gov.tt . 
Information on Compulsory Standards (Technical  WT/TPR/M/260/Add.1 
 Page 41 
 
 DOMINICAN REPUBLIC 
QUESTIONS RESPONSES 
Regulations) developed and published by TTBS can be 
accessed on the searchable Standards Database on TTBS 
Website for which the link is provided below. 
http://www.ttbs.org.tt 
Alternatively an E-mail can be sent to 
enquiry.point@ttbs.org.tt  or  
Michelle.Stephens-Campbell@ttbs.org.tt  to request this 
information. 
Financial section 
It is indicated that foreign bank branches are s ubject to the same prudential regulations as local 
banks and that they must maintain assigned capital wi th the Central Bank, in the form of cash or 
securities, in an amount equivalent to the minimum share capital that would be required of a 
licensed domestic financial institution, or a larg er amount that the Central Bank may specify. 
17.  Under what circumstances 
may the Central Bank 
require branches of foreign financial institutions to maintain assigned capital in an amount larger than that 
required of a licensed 
domestic financial 
institution? At the time a license is granted, any financial institution, 
whether domestic or foreign, could be asked to hold 
higher than the minimum level of capital. The circumstances which could give rise to higher initial 
capital levels could include: 
• Experience and expertise of the shareholders • Experience and expertise of the proposed senior 
 management team 
• Experience and expertise of the proposed Board 
 members 
• The nature of the products and  services proposed 
 to be offered 
• The financial backing of the parent company or 
 shareholders 
• The general state of the local economy 
• Aggressiveness of proposed business plans 
 
 
 WT/TPR/M/260/Add.1 
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      EUROPEAN UNION 
QUESTIONS RESPONSES 
V. TRINIDAD AND TOBAGO'S TRADE RELATIONS WITH THE REST OF THE 
 WORLD 
Report by the Government, page 10, para. 18 
According to the Government's report, "/…/Trinidad  and Tobago considers trade to be a significant 
driver of economic diversification/…/" and "/…/In  this regard, Trinidad and Tobago continues to 
actively participate in the growth and development of the trading bloc of CARICOM defined by the 
broad spectrum of disciplines related to the trade in goods and services.  Specifically, Trinidad and 
Tobago's direct interests have been centred on securing expanded market access for domestic 
exporters of goods and services, simplifying th e rules which govern such access to make it 
meaningful, increasing inflows of foreign direct i nvestment, and overcoming supply side constraints." 
1.  To what extent does 
Trinidad and Tobago 
believe that further regional integration is needed for it and other 
Caribbean countries to 
continue to grow and attract more foreign 
investment? CARICOM is the second major market for Trinidad and Tobago 
which provides an avenue for sharpening its domestic 
competitiveness since it is the leading exporter in CARICOM, generating in excess of 80% of intra-CARICOM merchandise exports. Therefore, Trinidad and To bago's further integration with 
the CARICOM Region is a priority under its trade policy.  
Trinidad and Tobago as a member of CARICOM is fully 
committed to the realization of a CARICOM Single Market and 
Economy (CSME) since the main objectives of the CSME are: 
full use of labour (full employment) and full exploitation of the 
other factors of production (natural resources and capital); competitive production leading to greater variety and quantity of products and services to trade with other countries. It is expected that these objectives will in turn provide improved standards of living and work and sustained economic development. 
VII. SECTORAL DEVELOPMENTS 
(i) Services Sector 
Report by the Government, page 13, para-s 35 – 36 
The report informs about the ongoing work on the Nati onal Services Industry Strategy. This strategy 
is, inter alia, going to address critical nationa l development needs of the (services) sector. 
2.  In this regard, could 
Trinidad and Tobago 
inform whether there is any intention to reduce the market access and 
national treatment to 
foreign service providers 
in any of the sectors? The National Services Industry Strategy is in the preliminary 
stages of development. However, there is no intention by Trinidad and Tobago to reduce the market access and national treatment to 
foreign service providers in any sectors.  
II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 
(3) FOREIGN INVESTMENT REGIME 
WTO Secretariat's report, pages 14-15 
3.  Can Trinidad and Tobago 
inform how economic 
activity undertaken in The Government of the Republic of Trinidad and Tobago has 
expressed its commitment to th e Decent Work Agenda in its 
Policy Framework for Sustainabl e Development and the Medium- WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
relation to a new or 
existing investment 
respects Trinidad and Tobago's national labour law, the fundamental rights at work as embodied 
by the ILO's 2008 
Declaration on Social Justice for a Fair Globalisation and the 8 core ILO Conventions (nos. 29, 87, 98, 100, 105, 
111, 138 and 182)?  
Moreover, how does Trinidad and Tobago ensure that these are in 
fact respected? Term Policy Framework 2011-2014.  This Agenda promotes work 
which is undertaken in conditions of freedom, security and dignity 
where the rights of all workers are respected and upheld.  The Decent Work Agenda is promoted through various avenues in Trinidad and Tobago, including enforcement of labour and labour-
related legislation and implemen tation of ratified Conventions. 
Trinidad and Tobago has to date, ratified nineteen (19) 
Conventions of the International Labour Organization (ILO) 
including the eight (8) Core Conventions.  Additionally, it has ratified two important ILO Conve ntions pertaining to Labour 
Administration, namely Convention No. 81, Labour Inspection 
Convention, 1947 and Convention No. 150, Labour 
Administration Convention, 1978.   
While Trinidad and Tobago has signed several Bilateral 
Investment Treaties and has been involved in the negotiation of 
Trade Agreements with a number of countries, the inclusion of labour in such Agreements is a recent introduction. For example, it is included under Chapter V, Social Aspects, of the 
CARIFORUM-EU Economic Pa rtnership Agreement.  
Notwithstanding this recent intr oduction, the Government of 
Trinidad and Tobago, through the Ministry of Labour and Small 
and Micro Enterprise Development (MLSMED), has sought to promote enforcement of nationa l labour legislation and the 
provision of ratified Conventions  through a number of measures, 
including: 
1) Labour Inspection Function 
The Labour Inspection Function is executed by the Labour 
Inspectorate Unit of the MLSMED and the Occupational Safety 
and Health Agency. The Labour Inspectorate Unit of the MLSMED is entrusted with the t ask of ensuring that decent work 
environments prevail in workplaces where there are usually no 
trade unions. The main responsibilities of this Unit include: 
i. educating and advising employers, employees and the 
general public about the relevant labour laws, as they 
relate to wages and terms and conditions of work for workers who are not usually represented by a trade union and who are covered under the Minimum 
Wages Act; 
ii. ensuring compliance with the Minimum Wages Act 
and Orders. This involves scheduled  inspections of 
business and investigation of complaints; 
iii. recommending litigation in cases where employers 
continuously ignore warnings for  breaching the 
provisions of the relevant labour laws;  
iv. supplying information and providing advice to 
employers and employees concerning the most 
effective means of complying with the legal WT/TPR/M/260/Add.1 
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      EUROPEAN UNION 
QUESTIONS RESPONSES 
provisions; and 
v. advocating for the implementation of the National 
Workplace Policy on HIV and AIDS with employers.  
The relevant labour laws which govern the operations of the 
Labour Inspectorate are as follows: 
 Minimum Wages Act, Chapter 88:04 (1976); 
 Minimum Wages Order, 2010, (LN) 291/2010 
 Minimum Wages Order, 1998  
 Legal Notice (LN) 125/1998; 
 Minimum Wages (Amendment) Order, 1998   
(LN) 130/1998; 
 Minimum Wages (No. 2) Order, 1998 (LN) 
170/1998; 
 Minimum Wages Order, 1999 (LN) 40/1999; 
 Minimum Wages (Amendment) Act – Act No. 11 
of 2000; 
 Minimum Wages (Amendment) Act  - 2003; 
 Minimum Wages (Catering Industry) Order of 
1991; 
 Minimum Wages (Household Assistant) Order of 
1991; 
 Minimum Wages (Shop Assistant) Order 1991; 
 Minimum Wages (Security Industry Employees) 
Order 1995; 
 Minimum Wages (Petrol Filling Station) Order 
1982;  
 Maternity Protection Act 1998; and 
 Miscellaneous Provisions (Minimum Age for 
Admission to Employment) Act, 2007(Children 
Act). 
The Unit is focused on building a preventative culture as against 
corrective intervention and in th is regard has embarked on an 
Awareness Campaign.   
The OSH Agency is responsi ble for enforcement of the 
Occupational Safety and Health Ac t, 2004.  It is an enforcing 
body with legislative authority to access every industrial establishment to obtain any information needed to carry out investigations, to issue Improvement Notices, Prohibition Notices 
and to commence prosecution proce dures in the Industrial Court, 
or in specific cases, the Criminal  Court.  The Agency is also 
responsible for initiating consultation with government entities performing various inspection functions, with the objective of  WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
formulating memoranda of  understanding, establishing 
mechanisms for co-ordination acr oss jurisdictional lines and the 
provision for the implementation of integrated occupational safety 
and health programs. 
2) Conciliation Service  
The MLSMED compulsory conciliation service is available to 
trade unions, employers and, in certain circumstances, to 
individuals.  Provision of the service is enshrined in the Industrial 
Relations Act, Chapter 88:01, which to a great extent 
circumscribes the Industrial Rela tions system of Trinidad and 
Tobago. 
The Unit undertakes conciliation in all disputes emanating from 
the private sector and from certain areas of the public sector.  In 
addition to the legal compulsory service, the MLSMED conciliation service is also available on a voluntary basis, as 
follows: 
i. through reports made to the Head, Conciliation and 
Labour Relations; and  
ii. through advice given to members of the public. 
The Conciliation Unit of the MLSMED seeks to: 
i. promote good industrial relations practices; 
ii. manage conflict through dialogue and conciliation; 
iii. conciliate in actual or potential trade disputes reported 
to the Minister of Labour;   
iv. provide information and advice on industrial relations 
matters to unions, employers and the general public; and 
v. promote preventative conciliation. 
3) Involvement in Work Permit Process 
A Work Permit Committee operates under the purview of the 
Ministry of National Security and is charged with the 
responsibility of reviewing applica tions from foreign nationals for 
work permits and making recommendations to the Minister of 
National Security.  A number of these applications, particularly in the non-energy sectors, are referred to the Ministry of Labour and Small and Micro Enterprise Development.  The Work Permit Section of the MLSMED reviews and evaluates work permit 
applications which are referred, monitor the transfer of skills to 
nationals which is a requirement in granting a work permit, and 
gathers information related to work permits. This mechanism 
allows some form of monitoring of migrant workers which are afforded the same protection as nationals under the labour laws of Trinidad and Tobago. 
 
 WT/TPR/M/260/Add.1 
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      EUROPEAN UNION 
QUESTIONS RESPONSES 
(4) INTERNATIONAL RELATIONS 
(ii) CARICOM and related agreements 
WTO Secretariat's report, pages 16 – 17, para-s 29 – 31 
Of the 15 CARIFORUM states, Trinidad and Toba go has the second largest economy and the second 
highest average income. 
4.  Could Trinidad and 
Tobago explain to what 
extent it is leveraging 
this relative strength to 
advance the regional 
integration agenda? Trinidad and Tobago has always played a leadership role 
inCARICOM and CARIFORUM Regional Integration processes. 
It will continue to ensure that  the development support enshrined 
in the CARIFORUM-EPA buttresses the requisite implementation machinery and resources needed to take the regional integration process forward. Trinidad and To bago continues to partner with 
other members in CARICOM and CARIFORUM to develop 
policies and practices to interact with third parties. These efforts 
have resulted in Agreements with third parties such as the Dominican Republic, Colombia, Cuba, Venezuela, Costa Rica and the European Union respectively.  
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) MEASURES DIRECTLY AFFECTING IMPORTS 
(iii) Tariffs 
(b) Tariff bindings and (c) Applied tariff 
WTO Secretariat's report, pages 23-28 
In the schedule notified to the WTO, Trinidad and Tobago's bound tariff for spirit drinks is at 100% 
of the value of the imported product. 
5.  Could Trinidad 
and Tobago 
confirm which MFN tariffs (bound and 
applied) are still 
valid for the following nine HS codes: a) 220820, b) 220830, c) 
220840, d) 220850, 
e) 220860, f) 220870, g) 22089010, h) 22089020; i) 
22089030? The MFN tariffs for the selected products are as follows:   
HS code Description of Goods Applied 
Rate of 
duty Bound 
rate 
(HS02) 
22.08 Undenatured ethyl alcohol of an alcoholic strength by 
volume of less than 80% vol; spirits, liqueurs and other 
spirituous beverages.    
       
2208.20.00  Spirits obtained by distilli ng grape wine or grape marc    
2208.20.10   Brandy, in bottles of a strength not exceeding 46% vol $76.90  
per litre 100% 
2208.20.90   Other *$76.90 
per litre 100% 
2208.30.00  Whiskies:    
2208.30.10   In bottles of a strength not exceeding 46% vol *$76.90 
per litre 100% 
2208.30.90   Other *$76.90 
per litre 100% 
2208.40.00  Rum and other spirits obtai ned by distilling fermented 
sugarcane products    
2208.40.10   In bottles of a strength not exceeding 46% vol *$76.90 
per litre 100% 
2208.40.90   Other *$76.90 
per litre 100% 
2208.50.00  Gin and Geneva:     WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
2208.50.10   In bottles of a strength not exceeding 46% vol *$76.90 
per litre 100% 
2208.50.90   Other *$76.90 
per litre 100% 
2208.60.00  Vodka *$87.88 
per litre 100% 
2208.70.00  Liqueurs and cordials *$87.88 
per litre 100% 
2208.90.00  Other:    
2208.90.10   Aromatic bitters used as a flavouring agent  for food 
and *$2.42 
per litre  
100% 
    beverages   
2208.90.20   Other aromatic bitters *$31.42  
per litre 100% 
2208.90.90   Other *$31.42 
per litre 
[1] 100% 
 
6.  If the country's 
customs 
authorities have 
on some occasions 
charged importers more than the 
bound tariff: 
a) what was the 
reason for doing 
so?  
b) can importers 
obtain a refund of 
any over-payments they 
might have made?  Trinidad and Tobago has always charged the appropriate rate in its CET 
on imports. 
WTO Secretariat's report, page 24, para. 14 
The Secretariat's report notes that "The differe nce between average bound rates and the average 
applied MFN rates (49%) gives the authorities cons iderable scope to increase tariffs, which creates 
some unpredictability for importers". 
7.  Does Trinidad and 
Tobago have any 
plans to address 
this situation? Trinidad and Tobago like many Developing Country Members of the 
WTO does not have many options to  defend its domestic industry from 
damage due to imports, nor does it have the resources to provide many subsidies. The ability to increase th e applied rate is the most easily 
implemented option to address any such  concerns. Accordingly there are 
no plans to reduce the difference between applied and bound rates 
beyond what can be expected at the conclusion of the Doha Development 
Round. Transparency is provided in the bound rate for all WTO partners and via preferential rates for specific partners with whom free trade 
agreements have been negotiated.  
WTO Secretariat's report, page 27, para. 17 
According to the Secretariat's report "During the period under review, Trinidad and Tobago applied 
import surcharges on a limited number of agricultura l products, mainly poultry at rates of 40% and 
86%, and sugar at 60% and 75% (Table III.5). The system of import surcharges was introduced in 
1990 under the Miscellaneous Taxes Act to provide temporary protection for locally produced goods WT/TPR/M/260/Add.1 
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      EUROPEAN UNION 
QUESTIONS RESPONSES 
during the period of transition to complete tariffication of the trade regime, but it remained in place 
after the process was completed.  The rat es are applied in addition to any tariff." 
8.  Does Trinidad and 
Tobago intend to 
abolish this 
discrimination? Trinidad and Tobago does not view the imposition of import surcharges 
as discriminatory as these charges are applied to all trading partners. 
These rates are considered as Other duties and Charges on importation and within our commitments as per Article II (1) (b) of the GATT. 
Occasionally these charges are applied or removed as the need arises. 
Currently the majority of import char ges have been removed. We have 
removed most items with the exception of 4 lines which will be appropriately treated with in accordance with our WTO obligations and 
strategic development objectives. 
The following tables depict Trinidad  and Tobago's gradual abolition of 
its import surcharges in accordance with its obligations. 
 
 Table III.5 - Import surcharges, 1999-05 
HS 2002 
heading 
HS 
riginal 
heading) Description 
of goods MFN 
tariff 
rate Bound rate
2004 Rates of surcharge Compound 
rate 
1999 2000 2001 2002 2003 2004  2005 2005 
2073400 
020731) Fatty livers of 
geese or 
ducks 40 110 98 96 93 91 88 86 40 9 6
2073500 
020739) Other meat of 
ducks 40 110 98 96 93 91 88 86 40 9 6
2071410 
0207411) Backs and 
necks of fowl 
of the species 
Gallus 
domesticus 40 110 98 96 93 91 88 86 40 9 6
2071420 
0207412) Wings of fowl 
of the species 
Gallus domesticus 40 110 98 96 93 91 88 86 40 9
6
2071490 
0207419) Other, of fowl 
of the species 
Gallus 
domesticus 40 110 98 96 93 91 88 86 40 9 6
2072710 
0207421) Backs, necks 
and wings of 
turkeys 40 100 98 96 93 91 88 86 40 9 6
2072790 
0207429) Other, of 
turkeys 40 100 98 96 93 91 88 86 40 9 6
2073 
020743) Meat and 
edible offal of ducks, geese, 
or guinea 
fowl 40 100 98 96 93 91 88 86 86 160.
4
701 Cane or beet 
sugar and chemically 
pure sucrose, 
in solid form 40 100 60 60 60 60 60 60 60 12 4
7019910 
ex1701) Icing sugar 25 100 75 75 75 75 75 75 75 118. 8 WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
Source: WTO based on GATT Schedule LXVII,  the Miscellaneous Taxes, (Seventh 
 Schedule) (Amendment) Order, 1997, an d the Provisional Collection of Taxes 
 Order 2004 and information provided by the authorities of Trinidad and 
 Tobago. 
Table III.5 
Import surcharges, 2005-11 
HS 2007 
heading  Description of 
goods MFN 
tariff 
rate Bound 
rate 
2011 Rates of surcharge Compound 
rate 
    2005 2006 2007 2008 2009 2010 2011 2011
0207.14.10 Backs and necks of 
fowl of the species Gallus domesticus 40  40 40 0 0 0 0 0 
0207.14.20 Wings of fowl of 
the species Gallus domesticus 40  40 40 0 0 0 0 0 
0207.14.90 Other, of fowl of 
the species Gallus domesticus 40  40 40 0 0 0 0 0 
0207.27.10 Backs, necks and 
wings of turkeys 40  40 40 
 40
0 
wef 
Aug0 0 0 0 
0207.27.90 Other, of turkeys 40  40 40 40
0 
wef 
Aug0 0 0 0 
0207.32.00 Not cut in pieces, 
fresh or chilled  40  86 86 86
0 
wef 
Aug0  0  0  0  
0207.33.00 Not cut in pieces, 
frozen 40  86 86 86
0 
wef 
Aug0  0  0  0  
0207.34.00 Fatty livers of 
geese or ducks 40  86 86 86 86 86 86 86 
0207.35.00 Other meat of 
ducks 40  86 86 86  
0 
wef 
Aug0  0  0  0  
0207.36.00 Other, frozen 40  86 86 86   
0 
wef 
Aug0 0 0 0 
1701.11.00 
1701.11.10  
1701.11.19 Cane Sugar 
Cane Sugar for retail sale in 
packages of not 
more than 10 kg. Other Cane Sugar 40  60 60 60
6060 
  
60 60 
  
60 0 
wef 
Ma
r 
0 
wef 
Ma
r 
 0 
  
0 
1701.12.00 Beet sugar  40  60 60 60 60 60 60 60 
1701.91.00 Other: 
Containing added 
flavouring or 
colouring matter 40  60 60 60 60 60 60 60 
1701.99.10 Icing sugar 25  75 75 75 75 75 75 75 
1701.99.90 Other 40  60 60 60 60 60 0 
wef 
Ma
r 
 0 
wef 
Ma
r 
 
 WT/TPR/M/260/Add.1 
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      EUROPEAN UNION 
QUESTIONS RESPONSES 
(iv) Rules of origin 
WTO Secretariat's report, page 32, para. 33 In the Secretariat's report it is stated that Trinid ad and Tobago does not apply non preferential rules of 
origin. It is assumed that a certificate of origin  is therefore not requi red for non preferential 
importations. 
9.  Can Trinidad and 
Tobago confirm that this 
is the case? If not, can Trinidad and Tobago explain the purpose of 
such a certificate? What 
is the value of a certificate issued on the basis of the rules applied by the exporting 
countries, which may be 
different pending the outcome of the WTO Harmonisation Work Program for non-preferential origin? In 
the interest of trade 
facilitation, could Trinidad and Tobago consider using other means to achieve that purpose? Certificates of Origin are not required for non-preferential trade. 
However, in keeping with international practice in many jurisdictions, these certificates are provided by private entities 
(Chambers of Commerce) on behalf of the Government of 
Trinidad and Tobago for exports to those countries which Trinidad and Tobago does not have  any preferential agreements. 
The WTO website has indicated that the WTO Harmonization Work Program is a work in progress, in an effort to establish 
common harmonized Rules of Origin on non-preferential trade of 
members that would be objective transparent, and predictable. 
 
(v) Import prohibitions, restrictions, and licensing 
WTO Secretariat's report, pages 33-35 Some EU operators have recently reported difficulti es in exporting meat from the EU to Trinidad and 
Tobago. 
10.  Could Trinidad and 
Tobago confirm if it is currently applying any 
trade restrictions on imports of beef, pork and/or poultry from the 
EU? Trinidad and Tobago has no universal restrictions on the 
importation of beef, pork and poultry from the EU as a whole. Importation of beef, lamb, goat and pork is allowed from 
Belgium, the United Kingdom, Denmark, France Germany, Iceland, Italy, Poland, Spain and Sweden. Importation of poultry from Sweden, the United Kingdom and France is currently allowed. In addition, Trinidad and Tobago as a member of CARICOM is currently undertaking the relevant risk assessment for the importation of these items from new EU countries.   
11.  If it is doing so, could 
Trinidad and Tobago 
confirm: 
a) HS codes of products 
to which these 
restrictions apply, and The import of meat and meat products into Trinidad and Tobago 
from any country is subject to a risk analysis by the Chief 
Veterinary Officer of the Ministry of Food Production, Land and Marine Affairs.  
All Importers of these items are required to produce to the Chief 
Veterinary Officer prior to importation (i) An Official  WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
the reason for them? 
b) the normal procedures 
for importing meat into 
the country?  
c) the certificates which 
are necessary for doing 
so, where they can be obtained, and how such 
certificates are processed 
once they arrive in the country together with the 
product ? 
d) whether the same 
treatment applies to 
meat imported from all 
countries?  
e) if there is a difference 
in such treatment, what 
the difference is and how 
it is justified? Government Veterinary Health Certificate from the exporting 
country and (ii) An Official Meat Inspection certificate from the 
exporting country.  
(2) MEASURES DIRECTLY AFFECTING EXPORTS 
WTO Secretariat's report, pages 38-41 
12.  What measures – if any – 
does Trinidad and Tobago take to ensure 
that goods destined for export are produced in full respect of the fundamental rights at work as embodied by the 
ILO's 2008 Declaration 
on Social Justice for a Fair Globalisation and the 8 core ILO Conventions (nos. 29, 87, 
98, 100, 105, 111, 138 and 
182)?   Please See Answer to Question 3 by the European Union.  
(3) MEASURES AFFECTING PRODUCTION AND TRADE  
WTO Secretariat's report, pages 41-55 
13.  Would Trinidad and 
Tobago explain what it is 
doing to help its producers to produce goods which are 
environmental and 
socially sustainable? Trinidad and Tobago fully supports the need for sustainable 
manufacturing practices in Trinidad and Tobago. In this regard a 
National Policy on Renewable Energy which includes the promotion of 'green manufacturing' is under development. Additionally, in February 2012, the Government of Trinidad and 
Tobago through the Ministry of Trinidad and Tobago, as a catalyst 
for economic and industrial deve lopment in Trinidad and Tobago 
has partnered with the United Nations Development Programme WT/TPR/M/260/Add.1 
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      EUROPEAN UNION 
QUESTIONS RESPONSES 
(UNDP) with the aim of developing a National Corporate Social 
Responsibility Policy.  
IV. TRADE POLICIES BY SECTOR 
(3) SERVICES The Secretariat's report does not address the conditions  applicable in professional services and courier 
services sectors. 
14.  Could Trinidad and 
Tobago give a short 
overview about these 
sectors? The range of professional services in Trinidad and Tobago falls 
under varying degrees of regula tion and supervision while 
enjoying a fair level of institu tional/professional representation in 
terms of association bodies and groups.  Accountants, architects, 
engineers, lawyers, medical doctors, midwives, nurses and urban planners each have their own professional group which set their 
respective registration requirements to obtain admission into the 
profession which are based on professional qualifications.  There exist, by and large, no nationality or residential restrictions to 
facilitate entrance into the respective professions. 
The Engineering  Profession Act, 1985 makes provision for the 
registration of Engineers in Trinidad and Tobago (http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/9
0.01.pdf). A Registered Engineer is bound by a strict Code of 
Ethics under existing legislation.  However, there is no legal requirement that one must be a Registered Engineer to practise engineering in Trinidad and Tobago. 
Attorneys  must be admitted to the local bar under the Legal 
Profession Act (Chapter 90:03) of the laws of Trinidad and Tobago (Act 21 of 1986 http://rgd.legalaffairs.gov.tt/Laws2 /Alphabetical_List/lawspdfs/90
.03.pdf).  The Law Association of Trinidad and Tobago is 
established by the Legal Profession Act to represent and protect the interests of the legal profession in Trinidad and Tobago. With respect to the profession of architecture  in Trinidad and 
Tobago, the registration of Architects and the practice of 
Architecture is regulated by the Board of Architecture of Trinidad 
and Tobago (BOATT) (www.boa-tt.org/) which was established 
in Law by the Architecture Profession Act of 1992 
(http://www.boa-tt.org/home/act). The Act represents the registration of Architects in Trinidad and Tobago and otherwise 
regulates the practice of Architecture in Trinidad and Tobago. The 
Board of Architecture of Trinidad and Tobago is a body corporate established under Section 3 of Act No 19 of 1992, cited as the 
Architecture Profession Act, 1992. 
In order to become registered as an architect, certain requirements apply. Applicants must have accumulated at least three years of 
approved practical experience a nd must have been awarded a 
qualification from a University or School of Architecture that in the Board's opinion is evidence of satisfactory architectural 
training.  Educational institutions typically recognized include  WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
those validated/accredited by the following: 
Caribbean - architectural programmes in the English 
Commonwealth as validated by the CAA  
Canada  - architectural programmes in Canada as accredited by 
the CACB http://www.cacb-ccca.ca  
UK - architectural programmes in the UK as validated by the 
RIBA http://www.architecture.com  
US - architectural programmes in the US as accredited by the 
NAAB http://www.naab.org  
In order to practice architecture in Trinidad and Tobago, foreign 
(non-CARICOM) architects must be registered under the Architecture Profession Act 1992.  They must also be registered in 
a country other than Trinidad and Tobago or any other 
CARICOM Member State whose requirements are no less exacting than the registration requirements in Trinidad and 
Tobago; reciprocal arrangements must exist between the Board of 
Architecture and the respective overseas body; architects must have sufficient practical knowledge of local conditions in Trinidad 
and Tobago; and they must have obtained the necessary work 
permit. There are no reciprocal arrangements in place between the Board of Architecture and any overseas body, which in principle 
preclude foreign architects from practicing in Trinidad and 
Tobago unless they are registered w ith the Board of Architecture.  
However, in practice reciprocal  arrangements are not a condition 
for foreign participation. The Architects Registration Act permits partnerships, 
associations, and corporations to practice architecture under their 
own name and in such cases architectural work must be undertaken under the responsibility of a full time employee who is 
a registered architect.  There are no restrictions to a foreign 
architectural company establishing a commercial presence in Trinidad and Tobago other than that the foreign architects must be 
registered under the Architecture Profession Act.  
It is also possible for a Foreign Architect to practise as a sub-consultant to a Registered Architect , as this is consistent with the 
law and International Union of Architects' (UIA) Accord on 
Recommended International Standards of Professionalism in Architectural Practice in particular the section on 'Practice in a 
Host Nation.'  The UIA elaborates by stating that "Architects 
providing architectural services on a project in a country in which they are not registered shall colla borate with a local architect to 
ensure that proper and effective understanding is given to legal, 
environmental, social, cultural, and heritage factors. The 
conditions of the association should be determined by the parties 
alone in accordance with UIA ethical standards and local statutes and laws." 
Registration with the Medical Board of Trinidad & Tobago is 
required to practise the profession of medicine  in Trinidad and 
Tobago and is contingent on the applicant's fulfillment of the 
necessary requirements. All applicants must possess a medical WT/TPR/M/260/Add.1 
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      EUROPEAN UNION 
QUESTIONS RESPONSES 
degree from an established Medical Educational Institution.  The 
Medical Board Act Chapter 29:50 of the laws of Trinidad and 
Tobago (Act 35 of 1960 and as amended by Acts 24 of 1961; 172 of 1961; 136 of 1976 and 31 of 2007) 
http://mbtt.org/adobe/NewAct.PDF governs the medical and 
dental profession in Trinidad and Tobago. 
Courier Services-TEAM TO REVIEW THIS PART 
Trinidad and Tobago Postal and Courier Services 
1. The Trinidad and Tobago Postal Corporation Act, 1999, is, to 
date, the only form of regulation which applies both to letter post- directly and parcel post- indirectly. 
2. The Act (#1 of 1999), was incorporated mainly with a view to 
transforming postal administration in Trinidad and Tobago 
from a ministerial department- the Ministry of Finance, into a public corporation- Trinidad and Tobago Postal Corporation. As such, the Act in its present form accentuates the following: 
 The creation of an autonomous postal corporation; 
 Reform of the postal sector- definition; 
 Institutional strengthening of the designated postal 
operation; 
 Human resource development; 
 Sourcing of external funding to finance the reform. 
3. The Trinidad and Tobago Postal Corporation (TTPost), 
therefore, became the official  Universal Postal Service 
Operator. As such, the corporation was given clearly defined functions and powers. The following are examples: 
Section 6 Trinidad and Tobago Post- 
(a) Shall provide postal services within Trinidad  and 
Tobago and between Trinidad and Tobago and places 
outside Trinidad and Tobago; 
Section 7 (1) Trinidad and Tobago Post has the power to do all things necessary and convenient to be done for, or in connection 
with, the performance of its functions specified in section 6. 
Section 7 (2)  
(a) set prices, including discounts, for non reserved services; (j) make charges and fix terms a nd conditions for work done, or 
for services, goods and information supplied by it;  4. It is to be noted that alt hough institutional and structural 
reform are comprised of multiple elements, of significance is 
the absence in the TTPost Act of either regulatory reform or regulation. This has to do with the phased approach to postal sector reform undertaken in Trinidad and Tobago. These elements of reform outlined at (2) above, have been the 
precursor for the need to define and regulate the market. The 
introduction of a Postal Sector Policy with consensus among all stakeholders is a compulsory element at this juncture in the activities which will follow from the current projects. 
5. The TTPost Act, provides the only semblance of regulation in  WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
the Trinidad and Tobago postal market. Section (9) of the Act 
reads in part as follows: 
Section 9 (1) Trinidad and Tobago Post has the exclusive right to: 
(a) Carry any letter weighing two kilograms or less for 
hire or reward within Trinidad and Tobago. 
It is to be noted that the said Act is now being reviewed for new 
and more relevant inclusion. 
6. As a result, Postal Services Statistics- 2005 published by the 
U.P.U. indicate that private operators have a twenty percent (20%) share of the letter post market. The parcel post market share, however, indicates a reverse trend. The significant presence of operators such as FedEx, UPS and DHL in the 
Trinidad and Tobago market accounts for this disparity. 
However, given the trend towards 'pay for performance', and given that the focus of external  operators has been primarily 
on international parcels up to twenty (20) kilograms, the Trinidad and Tobago Postal Corporation remains in 
contention by providing tracking and tracing to influence the 
growth of its international par cel business. In addition, TTPost 
has an influence on the price st ructure in the parcels business 
given its 'Reserved Services' a dvantage referred to at (5). 
(i) Financial services 
(a) Banking 
WTO Secretariat's report, page 71, para. 58 
The Secretariat's report mentions that the new Financial Institutions Ac t addresses inter alia 
prudential requirements and these in turn  pertain to investment limitations. 
15.  Could Trinidad and 
Tobago clarify which 
investment limitations 
are in place? Investment limitations and restrictions are contained in several 
parts of the Financial Institutions Act 2008 (the FIA), such as, Sections 41, 42, 43, 45 and 61.   
Section 41(3) of the Financial Institutions Act 2008 stipulate 
investment limitations that appl y to commercial banks and other 
licensed non-bank financial institutio ns.  For example, Section 41 
subsections (3) (b), (c), (d), (e) and (f) state that a licensee shall not directly or indirectly— 
(b) acquire or hold land or any interest in land except so far as 
may be necessary— 
(i) for the purpose of conducting its business or housing its 
officers or employees; 
(ii) for the satisfaction of debts due to it and the due performance 
of its functions as a trustee, execu tor, administrator or  attorney; 
(iii) for the purpose of carrying out a project financing agreement; 
(c) beneficially hold land or any interest in land acquired in the 
course of satisfaction of debts due to it for longer than five years WT/TPR/M/260/Add.1 
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      EUROPEAN UNION 
QUESTIONS RESPONSES 
from the date of acquisition or such extended period as may be 
determined by the Central Bank pursuant to subsection (6); 
(d) acquire its own shares or the shares of a holding company, 
financial holding company or subsidiary of the licensee so, however, that a licensee shall be allowed to acquire and cancel shares issued by it pursuant  to the Companies Act;  
(e) deal, underwrite or grant credit exposures on the security of its 
own shares or the shares of a holding company, financial holding company or subsidiary of the licensee; or 
(f) own a subsidiary which is an unregulated entity except that the 
Central Bank may approve the ownership of a company by a licensee or its financial holding company if the business of that 
company is the provision of necessary support services to the 
licensee and to the financial entities held by the financial holding company.  
Section 42(1) of the FIA stipulates that a licensee shall not, 
directly or indirectly, incur a credit  exposure to a person, 
borrower group or related group in an aggregate amount that 
exceeds twenty-five per cent of its capital base , other than a 
credit exposure that is— 
(a) fully guaranteed by the Government of Trinidad and Tobago 
that is explicit, unconditional, le gally enforceable and  irrevocable 
over the life of the credit exposure in question; 
(b) fully guaranteed by a sovereign state, other than the 
Government of Trinidad and Tobago, with an investment grade rating from a credit rating agency approved by the Central Bank, which said guarantee is explicit, unconditional, legally enforceable and irrevocable over th e life of the credit exposure in 
question; 
(c) extended directly to the Gove rnment of Trinidad and Tobago; 
(d) fully secured at all times by cash in Trinidad and Tobago 
dollars or other currencies readily convertible to  Trinidad and Tobago dollars, delivered to the licensee and placed with it in a 
pledged special account; 
(e) for a period of less that one month and fully secured by 
investments that are investment grade, as rated by a credit rating agency approved by the Centra l Bank, so, however, that the 
licensee shall give the Central Bank prior notice of such exposure being incurred;  WT/TPR/M/260/Add.1 
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QUESTIONS RESPONSES 
(f) an interbank exposure of less than one month; or 
(g) an exposure arising from the underwriting of securities that are 
held  for less than ninety  days.  
Section 42(3) of the FIA also imposes an aggregate credit 
exposure limit and stipulates that a licensee shall not, directly or indirectly, incur any large exposure to a person, borrower group or 
related group if by so doing the aggregate principal amount of all 
such large exposures would exceed eight hundred per cent  of the 
capital base of the licensee. 
The FIA also includes limits on c onnected party exposures.  For 
example, Section 43(1) of the FI A stipulates that a licensee shall 
not, directly or indirectly, incur credit exposures— 
(a) to any connected party or connected party group in a principal 
amount exceeding ten per cent of its capital base; or 
(b) to all connected parties a nd connected party groups in an 
aggregate principal amount exceeding twenty-five per cent of its capital base. 
Exceptions to the aforementioned rules are made for wholly 
owned subsidiaries of the licensee or a holding company of the licensee that is itself a permit holder under the FIA.   
Further, Section 43 (4) stipulates different connected party limits 
for directors and officers of a licensee such that a licensee shall 
not incur credit exposures to— 
(a) a director of the licensee; or 
(b) an officer of the licensee; or (c) a relative of a person refe rred to in paragraph (a), 
in an amount greater than two per cent of the capital base of the 
licensee or two years' emoluments of the director or officer, 
whichever is the lesser. 
Section 43(5) states that the limit referred to in Section 43(4) does 
not apply to a loan made on the security of a mortgage on the principal residence in Trinidad and Tobago of a director or officer of the licensee where the amount of  the loan together with the 
amount then outstanding of any mo rtgage having an equal or prior 
claim against the property, does not exceed ninety per cent of the value of the property at the time the loan is made. 
Section 43(6) states that any credit exposure incurred by a 
licensee, connected parties and connected party groups under this WT/TPR/M/260/Add.1 
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section shall be— 
(a) on terms and conditions no less favourable to  the licensee than 
the terms and conditions on which such credit exposure is offered 
to the public; and 
(b) subject to the approval of the board of directors. In addition, Section 45(1) of the FIA states that a licensee shall 
not, directly or indirectly, acquire or hold shares or ownership 
interests in any company or unincorporated body, if such acquisition or holding would result in— 
(a) the licensee having the power to— (i) exercise twenty per cent or more of the voting rights at any 
general meeting of the company or unincorporated body;  
(ii) elect twenty per cent or more of the directors or officers of the 
company or unincorporated body; or 
(iii) exercise significant influence over the conduct of the business 
and affairs of the company or unincorporated body; 
(b) the licensee acquiring or holding shares in a company  or 
ownership interests in an unincorporated body of a value equal to 
twentyfive per cent or more of the capital base of the licensee; or 
(c) the aggregate value of all such shareholdings and  ownership 
interests referred to in paragr aph (b) exceeding one hundred per 
cent of  the capital base of the licensee.  
Section 45(2) states that notwithstanding 45(1), a licensee shall 
not allow the aggregate value of investments made by it in real estate or property development companies to exceed twenty-five per cent of its capital base. 
Licensed financial institutions are also required to maintain a 
liquid assets ratio under Section 61 of the FIA.  Section 61 (1) 
states that licensee shall so conduct its business as to ensure that 
in the placing of its liquid assets preference is at all times given to short-dated instruments of originating in Trinidad and Tobago. 
Further Section 61(2) allows the Central Bank to fix the 
percentage which the liquid assets of a licensee should bear to its 
respective total prescribed liabiliti es and the percentage which its 
respective liquid assets originating in Trinidad and Tobago should 
bear to the total of its liqui d assets.  Currently, licensees are 
required to maintain a liquid assets ratio of 20% on foreign  WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
currency deposits.  The qualifying assets are specified in a 
guideline. 
(a) Banking and (b) Banking and Insurance 
WTO Secretariat's report, pages 71 and 73, para-s 59 and 67 The Secretariat's report state that "Foreign financ ial institutions are now a llowed to conduct business 
in Trinidad and Tobago through licensed branches" a nd that to obtain a license it must inter alia 
appoint a resident of Trinidad and Tobago as its principal representative. 
16.  Could Trinidad and 
Tobago confirm:  
a) that the conditions for 
opening a direct branch 
(non-incorporated representation) are exactly the same for opening a subsidiary or a 
local financial 
institution; and  
b) that the requirement 
to appoint a resident of 
Trinidad and Tobago as 
a principal representative applies to both branches and 
subsidiaries.  a) In accordance with the FIA the same due diligence is applied 
when assessing an application for a branch as for a subsidiary.   
The branch would be required to satisfy the requirements under 
section 20 of the FIA.  Additionally, the branch would have to 
appoint a principal representative in accordance with Section 18(2) and 18(4) of the FIA requires a foreign financial institution to maintain assigned capital— 
(a) in an amount equivalent to the minimum share capital that 
would be required of a licensed domestic institution; or (b) such larger amount as may be sp ecified from time to time by 
the Central Bank. 
b) The requirement for the appointment of a principal representative only applies to a bran ch (section 18(2) refers).  The 
subsidiary would be required to be  locally incorporated and would 
have a named principal, that is, the managing director or Chief 
executive officer to conduct business on its behalf.   
WTO Secretariat's report, page 74, para. 69 
The Secretariat's report refers to the new Insura nce Bill which was supposed to be enacted in 2011. 
17.  Could Trinidad and 
Tobago give more details 
about the entry into 
force of this Bill? The Insurance Bill 2011 was laid in Parliament in November 25, 
2011 and the Central Bank is aw aiting the commencement of the 
Parliamentary debate on the Bill.  Meanwhile the Central Bank has been meeting with the Office of the Chief Parliamentary Counsel to finalize several pieces of draft Regulations to be made, post enactment of the Bill.   
The Bill is available on the Trinidad and Tobago Parliament's 
Website- http://www.ttparliament.org/chamber_business.php?mid=10&id=629 
WTO Secretariat's report, page 74, para. 69 
The Secretariat's report notes that the new (draft) In surance Bill requires inter alia that life insurance 
companies need to keep sufficient  assets in Trinidad and Tobago to  cover all liabilities regardless of 
their origin. 
18.  Could Trinidad and 
Tobago give more details 
about this requirement? Clause 56 of the Insurance Bill requires all insurers (long term, 
general and composite) to establis h and maintain at all times a 
statutory fund (fund) in respect of each type of insurance business.  
The assets to be placed into the fu nd relate only to policy benefit 
liabilities or unearned premium reserve plus net outstanding claims for policy liabilities relating to Trinidad and Tobago WT/TPR/M/260/Add.1 
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policyholders only. 
Clause 56 (4) requires every local insurer carrying on long-term 
insurance business in Trinidad a nd Tobago shall place in trust in 
Trinidad and Tobago assets equal to the formula (A + B) – (C + 
D), where –  
(a) A is its policy benefit liabilities with respect to its Trinidad and Tobago policy holders pursuant to section 189 and other insurance 
and contract liabilities;  
(b) B is the surplus which is derived from participating policies registered in Trinidad and Tobago;  
(c) C is the total amount due from policyholders;  
(d) D is the amount deposited with respect to such business pursuant to clause 46.  
 
Further, Clause 56(5) states that every local insurer carrying on 
general insurance business in Tr inidad and Tobago shall place in 
trust in Trinidad and Tobago assets equal to the formula A – (B + C), where  
(a) A is the net unearned premium reserve plus net outstanding 
claims reserve with respect to its Trinidad and Tobago policyholders;  
(b) B is the total amount due from policyholders;  
(c) C is the amount deposited with respect to such business pursuant to clause 46.  
 
Clause 56(6) provides that in addition to the requirements of clause 56(5), every local insurer carrying on general insurance 
business and the accident and sickness class of business, shall be 
required to establish a statutory fund in accordance with clause 
56(4)(a) with respect to the accident and sickness class of 
business.  
 
In the case of foreign branches operating in Trinidad and Tobago, 
clauses 56(7) and 56(8) apply.  
Clause 56(7) requires every foreign insurer carrying on long-term 
insurance business in Trinidad a nd Tobago to place in trust in 
Trinidad and Tobago assets equal to the formula (A + B) – (C + 
D), where -  
(a) A is its policy benefit liabilities pursuant to clause 189 and other insurance and contract liabilities;  
(b) B is the surplus which is derived from participating policies 
registered in Trinidad and Toba go in excess of paragraph (b), if 
any;  
(c) C is the total amount due from policyholders;  
(d) D is the amount deposited with respect to such business pursuant to clause 46.  
Clause 56(8) provides that ever y foreign insurer carrying on  WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
general insurance business in Tr inidad and Tobago shall place in 
trust in Trinidad and Tobago assets equal to the formula A – (B + 
C), where –  (a) A is the net unearned premium reserve plus net outstanding 
claims reserve with respect to its Trinidad and Tobago 
policyholders;  
(b) B is the total amount due from policyholders;  
(c) C is the amount deposited with respect to such business pursuant to Clause 46.  
 
Further, Clause 63 would require that where any liability in respect of policies is payable in  a foreign currency, the insurer 
shall invest in foreign assets in that foreign currency an amount 
not exceeding eighty per cent of such foreign currency statutory fund requirement, in each statutory fund.  
 
In addition, it should be noted that Clause 112(1) would require a 
local insurer which carries on insurance business through overseas 
branches to maintain specific  assets to support its overseas 
liabilities in each jurisdiction in which it operates.  Clause 112 (2) would require a foreign insurer to assign capital and maintain 
other specific assets in Trinidad and Tobago to support its 
liabilities in Trinidad and Tobago.   
 
Clause 114 of the Act states the permissible assets of the insurer and the statutory fund would be stipulated in the Act and the 
Regulations made pursuant to the Act.  The Draft Insurance 
(Asset) Regulations, 2012 specify the permissible assets of the insurer and the statutory fund.   
(c) Securities 
WTO Secretariat's report, page 74, para. 71 The Secretariat's report notes that the Securities Bill is being revised. 
19.  Could Trinidad and 
Tobago update on the status of this revision 
and explain shortly the 
main changes? A.        The Securities Industry Act, 1995 was amended in 2000 
and 2005. There were no further amendments since 2005.  
 
However, in 2010 the Bill was reviewed by the staff of the 
Commission as well as external consultants and changes were made in order to meet the standards of the International 
Organization of Securities Commissions ("IOSCO"). The Bill is 
now being reviewed by a Technical Committee which has been established by Government and comprises representatives of the 
Ministry of Finance, The Office of the Attorney General, The 
Central Bank of Trinidad and Tobago and the Commission.   
Once the Technical Committee completes its review of the Bill, it 
will be sent to the Office of the Chief Parliamentary Counsel (CPC) and then to the Legislation Review Committee (LRC) of 
Cabinet before being laid in Parliament.    
 WT/TPR/M/260/Add.1 
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QUESTIONS RESPONSES 
The main proposed changes in the 2010 Bill concern the areas 
identified by IOSCO as the main  deficiencies in the current 
legislation. These areas are: 
 the Commission's inability to obtain bank records;  
 its inability to provide assistan ce where there is no similar 
written law; and 
 maintenance of records and confidentiality of requests.  
(ii) Telecommunications 
(b) Regulation WTO Secretariat's report, page 77, para. 82 The Secretariat's report notes that the draft regula tions on telecommunication propose that domestic 
concessionaries, international concessionaries and all providers of closed-use group and private 
telecommunication services in the market contribute 0,5%, 1% and 2% respectively of gross revenues arising from relevant telecommunications services and/or network facilities towards the universal 
service fund. 
20.  In this regard, could 
Trinidad and Tobago 
clarify: 
a) whether 0.5% is 
applied to domestic 
concessionaries, 1% to international concessionaries and 2% to private/closed telecom services/networks? 
b) whether under the 
international 
concessionaries it is 
meant service providers 
providing international telecommunication services (and not foreign 
service providers)? 
c) how the closed-group 
and private 
telecommunication 
services are defined? 
d) how the revenues of 
closed-group and private 
telecommunication 
services and/or facilities 
are calculated? According to the Draft Universality Framework (UF) of the 
telecommunications Authority of Trinidad and Tobago: The 
Authority shall impose universality obligations of a contribution 
to the UF that is: 
 0.5% of gross revenues arising from relevant 
telecommunications services and/or network facilities 
from domestic concessionaires  
 1% of gross revenues arising from relevant 
telecommunications services and/or network facilities of international concessionaires 
 2% of gross revenues arising from relevant 
telecommunications services and/or network facilities 
of all providers of closed user group and private 
telecommunications services (when directed by the 
Authority subject to the approval of the Minister) . 
 
(b) An international concessionaire refers to an entity awarded a 
concession to operate an international telecommunications 
network and/or provide international telecommunications services 
i.e. enables users to communicate in real time between Trinidad 
and Tobago and a destination outs ide of its geographic border via 
an international gateway. 
 
(c) The following definitions are extracted from our 
Telecommunications Act: 
- "closed user group" means a group of persons, who have a 
common business or other economic interest other than the 
provision of a telecommunications service;  
- "closed user group service" means a telecommunications  WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
service, used by a closed user group, operated without 
interconnection to a public telecommunications network; 
- "private telecommunications service" means a 
telecommunications service used within one enterprise or its 
affiliates, to satisfy its or their internal needs and operated 
without any interconnection to a public telecommunications 
network ; 
 
(d) It is proposed that providers of closed-group and private 
telecommunication services and/or facilities will be requested to 
submit separated accounts to the Authority. Submission of separated accounts will ensure that UF contributions are 
calculated solely on gross revenues arising from 
telecommunications services. 
WTO Secretariat's report, page 77, para. 83 
The Secretariat's report notes that interconnection is regulated in Trinidad and Tobago and that 
request for access cannot be denied except for reas ons of insufficient capacity, safety, security and 
technical difficulties. 
21.  In this regard, could 
Trinidad and Tobago 
clarify:  
a) whether the reasons 
for denial are defined 
anywhere in more detail 
and give an explanation 
in this regard? 
b) whether access has 
already been denied under these reasons? Access to Facilities 
 
Regulation 23 of the Access to Facilities Regulations, states that 
"A concessionaire shall not deny a request for access at a 
particular location except for insuffic ient capacity, or for reasons 
of safety, security, reliability or  difficulty of a technical or 
engineering nature".  Furthermore, such denial is subject to 
provision regarding providing notification and justification to the regulator. In accordance with sub-regulation 23(5), where the regulator deems that the access has been unreasonably withheld, it may instruct the access provider in writing to make arrangements for access within a specified time.   For more detail, please see 
Section VI of the Telecommunications (Access to Facilities) 
Regulations, 2006 available at http://rgd.legalaffairs.gov.tt/Laws2 /Alphabetical_List/lawspdfs/47
.31.pdf  
Interconnection 
 The Interconnection Regulations do not explicitly outline reasons 
for denying an interconnection request. Any provider denying an interconnection request is re quired to provide notice and 
justification to the regulator in accordance with Regulation 28. 
Under Regulation 29, where in the opinion of the Authority the 
denial of interconnection is not justified, it may order the concessionaire who denied interconnection to grant the interconnection in specified time and conditions.  
Furthermore, under Regulation 30, where the Authority considers 
it appropriate (whether the denial  is determined to have been WT/TPR/M/260/Add.1 
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      EUROPEAN UNION 
QUESTIONS RESPONSES 
justified or not), the Authority may require an interconnection 
provider to, within such reasonable period as the Authority may 
stipulate, make network adjust ments or construct additional 
facilities as the Authority deems necessary to provide interconnection. For more detail, please see Section VI of the Telecommunications (Interconnection Regulations).  
 
(b) To date, there have been a couple of occasions when the incumbent provider has alluded to facilities not being available to other providers but on both occasions, the Telecommunications Authority was able to interven e and resolve these situations. 
Therefore, there have been no instances of an access to facilities 
or interconnection request being denied. 
 
 
(iv) Transport WTO Secretariat's report, page 80, para. 101 
The Secretariat's report notes that a strategic plan is under elaboration for maritime industry, which 
will address reforms of all kinds. 
22.  Could Trinidad and 
Tobago give an overview 
of the status of this strategic plan and give a short overview of the reforms planned? The maritime industry is one of the sectors targeted for further 
development by Trinidad and Tobago. In 2004, the Government 
with the support of the private sector developed a strategic plan to guide the development of the sector . In February 2012, an update 
of this strategic plan formally commenced.  
Within the context of the new strategic plan for the maritime 
industry the following main reforms are envisaged: 
Legislation Reform 
Shipping (Amendment) Bill – A policy document was approved 
by Cabinet and the Bill is currently being drafted. 
Harbours (Amendment) Bill –  A Policy document is being 
prepared by the Maritime Services Division (MSD) of the 
Ministry of Transport to inform the preparation of the harbor legislation. The MSD is meeting with stakeholders to obtain their 
views for development of the Policy document. This Bill will seek 
to update the legislation with rega rd to control and management of 
the harbours in T&T. 
It should be noted that that the Maritime Services Division (MSD) 
of the Ministry of Transport is leading the legislative reform 
activity. 
Institutional Reform Establishment of a Maritime Authority 
It has been identified that the existing institutional structure of the 
maritime industry is posing a cha llenge to the industry's further 
development. A number of Govern ment Departments are involved 
in the administering of various aspects of maritime activity. As a  WT/TPR/M/260/Add.1 
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     EUROPEAN UNION 
QUESTIONS RESPONSES 
result, operational efficiency is sub-optimal.  
As a consequence, a Business Pl an for the establishment of a 
Maritime Authority has been completed. This Authority will be 
responsible for the safety and security of ships and Navigation; the protection of life and property at sea and the protection of the 
marine environment. It will also enforce all maritime related 
legislation and standards est ablished by conventions.  
The Maritime Services Division (MSD) of the Ministry of 
Transport MSD is leading the Institutional reform of the sector. 
Human Resource Development  
o Maritime Mentorship Programme – the aim of this 
programme is to create interest and awareness among 
young persons (between the ages 15-17 years) of careers and training in the maritime industry. It gives participants first hand exposure and info rmation on the operations and 
careers available within mentor organizations. This is the 
fifth year of the programme. 
o School Outreach Programme – this is a precursor to the 
Mentorship Programme in which presentations are 
conducted at schools in areas recommended by the 
Ministry of Education 
o Maritime Industry Scholarship –on the advice of the 
Scholarship Division of the Ministry of Public 
Administration, MIDC had obtained endorsements from 
major industry stakeholders, for the establishment of a Scholarship Programme, which will target the competency development of managers and professionals in the maritime industry. This proposal was approved by 
MTI and forwarded to the Ministry of Public 
Administration who is currently drafting a Note to 
Cabinet for consideration. 
Trade Facilitation Reform 
The Government of Trinidad and Tobago is also giving active 
consideration to utilizing ICT to develop an electronic Maritime 
Services Module as part of its Single Electronic Window for 
Trade and Business Facilitation to  streamline the process of a 
vessels arrival and departure from Trinidad and Tobago. The proposed module will be based on the Revised IMO Compendium on facilitation and electronic business. This project will be listed under its National Aid for Trade Strategy which is to be 
completed shortly.    WT/TPR/M/260/Add.1 
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  JAPAN 
QUESTIONS RESPONSES 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) Measures Directly Affecting Imports 
(iii) Tariffs 
1.  (b) Tariff bindings 
(Question 1: Page 23, para 13) According to the Secretariat's Report, MFN 
applied tariff rate of Trinidad and Tobago 
exceeded the bound rate on 50 lines in 2011, up from 44 in 2004. Please describe in 
detail how this can be consistent with the 
relevant provisions of the WTO Agreements, especially Article II of the General Agreement on Tariffs and Trade.  The conflict of duties arises from Trinidad and 
Tobago's membership in a customs union, the 
Caribbean Community (CARICOM) and the implementation of the CARICOM Common External Tariff.  Accordingly the provisions of GATT Article XXIV apply. As a member of the Caribbean Community (CARICOM), Trinidad 
and Tobago applies a Common External Tariff 
(CET). In the case of products whose applied rate exceeds the bound rate, a review of the products has indicated that this is due to the adoption of the CET. Trinidad and Tobago is 
aware of its options, either to reduce the applied 
rate (in accordance with CARICOM rules) or to enter into Article XXVIII re-negotiations. This is however not simply a national issue but a regional one and the resolution must be addressed within CARICOM. Trinidad and 
Tobago proposes to resolve these conflicts in the 
near future. 
2.  (k) Other duties and taxes 
(Question 2: Page 31, para 31) 
According to the Secretariat's Report, VAT is 
applied on most goods and services at a rate 
of 15%. On the other hand, some products 
and services are exempt from VAT. 
According the website of the Ministry of 
Energy and Energy Affairs 
(http://www.energy.gov.tt/energy_industry.p
hp?mid=163), the Government of Trinidad 
and Tobago provided a number of fiscal 
incentives for Compressed Natural Gas 
(CNG) in the 2011 Budget Statement 
including a VAT exemption to the natural 
gas vehicles, and is planning to introduce 
new fiscal incentives in 2012 budget. Does 
the Government of Trinidad and Tobago 
have any plans to provide fiscal incentives 
on other environmentally-friendly vehicles 
such as hybrid or electric vehicles?  The Government is embarking on a programme 
for expanding the use of Compressed Natural 
Gas as an alternative vehicular fuel. This is part 
of an overall strategy to reduce the use of 
petroleum products and so reduce the size of the 
fuel subsidy. In order to encourage the use of 
CNG, the Government is exploring the 
conversion of the Public Transport Service 
Corporation (PTSC) fleet to use CNG and with 
respect to new purchases of buses to insist that 
this facility be put into place.  The use of CNG 
as a fuel for the water taxis and ferries 
respectively is also being encouraged. This 
programme would not only have an impact on 
the fuel subsidy but would also be 
environmentally friendly and cost effective.  
In the 2012 Budget, Tax allowances with respect 
to the use of Alternativ e Energy sources such as 
Compressed Natural Gas, solar powered water 
heaters and photovoltaic systems and  wind 
energy systems were introduced.  Additionally, 
the Cabinet of Trinidad and Tobago agreed  in  
November  6,  2008  to  the  establishment  of  a  
Renewable  Energy (RE)  Committee (REC).  WT/TPR/M/260/Add.1 
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 JAPAN 
QUESTIONS RESPONSES 
Terms of Reference (TOR) of the committee 
were, inter alia:    
 To  review  the  energy  balance  of  
Trinidad  and  Tobago  and  conduct  a  
current  state assessment of RE applications 
and research activities into PV solar power, 
solar thermal energy,  wind  energy,  wave  
energy  ,  and  bio-fuels  (biomass,  biogas,  
biodiesel  and  bio-ethanol);  
 To identify feasible and practical RE 
technologies in various sectors, including 
transportation, industry, 
manufacturing/commercial and residential,  
using  appropriate criteria relevant to 
Trinidad and Tobago  
 To set realizable targets and timeframes for 
RE in the energy mix  
 To make recommendations with respect to 
the level of incentives (tax relief, 
infrastructure support, grants, price 
subsidies, etc.)  required to promote the use 
of Renewable Energy technologies in each 
sector; 
 To identify:  
-Appropriate research and development which 
can advance the implementation of renewable 
technologies in Trinidad and Tobago  
-  Opportunities for linkages  between  energy-
based industrial plants to be established and the 
production of renewable energy components  
 -  Mechanisms and strategies for financing RE 
projects by local and  international agencies, 
including carbon trading schemes  
 - Legislation and regulation that would be 
necessary for the exploita tion, development and 
use of REC  
 
The REC has published a document entitled 
"Framework for Development of a Renewable 
Energy Policy for Trinidad and Tobago." This 
document identifies some of the main strategies 
which the Government of Trinidad and Tobago 
will pursue in the future in this area. 
http://www.energy.gov.tt/ national_energy_polic
y_consultations.php?mid=77   
 
Trinidad and Tobago is also looking into the possible provision of similar fiscal incentives for imported hybrid vehicles as those presently 
given to imported CNG fuelled vehicles. A WT/TPR/M/260/Add.1 
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  JAPAN 
QUESTIONS RESPONSES 
proposal  is being drafted  to be used to obtain 
approval of the Cabinet for these measures to be 
implemented for imported  Hybrid Vehicles. 
  WT/TPR/M/260/Add.1 
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MEXICO 
QUESTIONS RESPONSES 
QUESTIONS FROM MEXICO TO TRINIDAD AND TOBAGO ON SERVICES 
concerning document WT/TPR/S/260 of 1 February 2012  
(3) Foreign investment regime 
1. Paragraph 22 states that the 
bilateral investment treaties 
signed by Trinidad and Tobago 
generally provide for national 
treatment, and contain dispute settlement procedures.  The bilateral investment treaty with the United States explicitly prohibits mandatory performance 
requirements as a condition for 
investment.  Could you please 
provide us with further details 
concerning the prohibition of mandatory performance requirements?  Trinidad and Tobago's policy is to observe the prohibitions, 
contained in the World Trade Organisation (WTO) 
Agreement on Trade-Related Investment Measures 
(TRIMS), with respect to export oriented and import 
substituting performance requirements in the establishment, expansion, maintenance and acquisition of an investment in the goods sector so as not to disadvantage investors by distorting the conditions of competition in the like goods 
sector. 
IV. TRADE POLICIES BY SECTORS / (3) Servi ces / (i) Financial Services / (a)  Banking 
2. According to paragraph 52, as of 
March 2011, there were eight 
commercial banks operating in 
Trinidad and Tobago up from six 
at the time of the last Review.  The two new entrants to the market were the First Caribbean International Bank (Trinidad and Tobago) Limited, which was 
converted from a non bank 
financial instituti on, and the Bank 
of Baroda (Trinidad and Tobago) Limited, which started operations in 2007.  Where does the capital 
of the two mentioned banks 
come from?  Contributed capital was provided in the form of equity 
contribution from the respective foreign parents.  
3. Paragraph 59 states that foreign 
financial institutions are now 
allowed to conduct business in Trinidad and Tobago through 
licensed branches.  Are foreign 
financial institutions granted 
the same treatment as domestic 
financial institutions? 
 
 All financial institutions opera ting in Trinidad and Tobago 
are treated equally regardless of whether they are foreign or 
domestically owned.  WT/TPR/M/260/Add.1 
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  MEXICO 
QUESTIONS RESPONSES 
IV. TRADE POLICIES BY SECTORS / (3) Services / (ii) Telecommunications 
4. According to paragraph 80, 
operation of a public 
telecommunications network, or 
provision of a public telecommunications or broadcasting service, requires a concession from the 
Telecommunications Authority of 
Trinidad and Tobago (TATT), while use of the spectrum requires a licence.  No distinction is made between foreign and 
domestically owned service 
providers when granting concessions and licences.  What 
are the requirements for 
foreign-owned service providers to obtain concessions or licences?  The concession and licence application requirements are 
identical for both foreign and locally owned service providers. 
IV. TRADE POLICIES BY SECTOR / (3) Services / (iii) Tourism 
5. Paragraph 92 mentions that 
tourism projects seeking to access 
benefits under the Act must be 
registered with the Tourism 
Development Company (TDC) if the project is in Trinidad or with the Tobago House of Assembly if the project is in Tobago.  The projects are inspected annually.  What are the requirements for 
registering with the TDC?  To register with the TDC, applicants: 
-          Must complete the sections of the "Application for 
Approval of A Tourism Investment Project" Form applicable to the project; 
-        An executive of the enterprise must sign the 
completed Form; 
-          The following documents, where necessary must be 
provided: business proposal, copy of Outline Planning 
Permission from the Town & Country Planning Division, Certificate of Incorporation/Registration Certificate, Registered Certificate of Particulars of Directors and financial projections for five (5) years. 
 
6. According to paragraph 93, 
tourism incentives are open to 
Trinidad and Tobago and other CARICOM nationals, and to foreigners except in the case of accommodation facilities with fewer than 21 rooms, transport 
services, and ground tour 
operations or destination management companies and dive operations for which incentives Trinidad and Tobago is in the process of conducting an 
evaluation of the incentives.  WT/TPR/M/260/Add.1 
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QUESTIONS RESPONSES 
are reserved solely for Trinidad 
and Tobago.  Have the 
incentives offered for tourism 
had a significant impact on foreign investment in the 
sector?  
IV. TRADE POLICIES BY SECTOR / (3) Services / (iv) Transport / Civil Aviation 
7. Paragraph 110 states that 
Trinidad and Tobago has bilateral 
air services agreements with 18 countries.  Of these agreements, those with Canada and the US are 
open skies agreements, both of 
which were concluded as such in 2010.  Additionally, Trinidad and Tobago has signed memoranda of understanding with a number of 
countries.  What is the scope of 
these memoranda of 
understanding and with what countries have they been 
concluded?  Trinidad and Tobago has signed memoranda of 
understanding with the following countries:  
 Aruba         -  31st August 1988  
 Venezuela -  28 July 1989 
 Costa Rica - August 2002   
The Scope of the Memoranda of Understanding includes: 
 Route Structure  
 Conditions of Operation – designated airline 
 Tariffs  
 Meetings for consultation and exchange of 
information  
 Agreements for cooperation among airlines  
 Charter Flights  
 Itineraries/Schedules 
 Entry into Force  
QUESTIONS FROM MEXICO ON COMPETITION 
concerning document WT/TPR/S/260 of 1 February 2012 
1. page 24, paragraph 14 
Has the impact or distorting 
effect on competition of the 
difference between the average 
bound tariff and the average 
MFN applied tariff been assessed?  Do you consider the unpredictability resulting from this difference to be a barrier to 
the entry of importers? No, there has been no assessment of the effect of the 
difference between average bound rates and average applied 
rates on competition. Transparency is provided in the bound rate for all WTO partners and via preferential rates for specific partners with whom free trade agreements have 
been negotiated. 
2. page 28, paragraph 19 
Has the impact or distorting 
effect on competition of the 
dispersion of tariff rates across product lines been assessed? No, due to capacity constraints. 
3. page 30, paragraph 25 
What are the mechanisms 
under which the Customs Act The process which empowers the Minister of Finance to 
grant a partial or total waiver or relief from import duties on 
certain goods is governed by approvals at the national and 
regional levels and is clearly de fined in Sections: 6, 8, 8A, WT/TPR/M/260/Add.1 
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QUESTIONS RESPONSES 
empowers the Minister of 
Finance to grant a partial or 
total waiver or relief from 
import duties on certain goods? and 9 of Chapter 78:01 of the Laws of Trinidad and Tobago 
(Customs Act). 
 
4. page 32, paragraph 33 
Has the impact or distorting 
effect on competition of the 
CARICOM preferential rules 
of origin been assessed? No, due to limited capacity. 
 
5. page 44, paragraph 78 
What are the differences 
between government 
procurement tendering 
procedures in Trinidad and 
Tobago and the procedures laid down in the WTO Government Procurement Agreement?  Do these procedures facilitate 
collusion between competitors? Trinidad and Tobago is not party to the WTO's Plurilateral 
Agreement on Government Procurement. Accordingly, no 
assessment has been undertaken  on the similarities between 
the tendering procedures.   
6. page 52, paragraph 135 
Why does the Fair Trading Act 
not apply to collective bargaining and professional 
associations, and under what conditions does the Minister of Trade and Industry exempt activities or professions from the Act?  Has it been 
established whether these 
conditions have had any anti-
competitive effects? The rationale for the non-application of the Fair Trading Act 
to collective bargaining and professional associations is as 
follows: 
i) the exemption of collective bargaining is aimed at 
counterbalancing the supe rior economic power and 
bargaining position which most firms/employers have vis-à-vis individual workers, and preventing exploitation of 
labour;  
ii) professional services is exempted to ensure as far as 
possible qualified and ethical services. 
As the Act has not yet been operationalised, there has not 
been any circumstance in which the Minister of Trade and 
Industry has been required to consider the exemption of any activity or profession from the Act. As such no conditions 
have been developed.  
QUESTIONS FROM MEXICO ON INTELLECTUAL PROPERTY 
1. What is the mechanism for 
reporting copyright violations, 
and to which authority are they 
reported? Copyright infringements under the Copyright Act of 
Trinidad and Tobago Chapter 82:80 are reported to the 
Trinidad and Tobago Police Service (TTPS).  
In relation to the piracy of musical works, the TTPS would 
usually liaise with the local collecting organization that 
represents the rights holder for the purposes of the 
prosecution of the offender.  
The Customs & Excise Division of Trinidad and Tobago is 
responsible for all border meas ures. Infringing goods may 
be seized at borders upon notice from the rights holder.  WT/TPR/M/260/Add.1 
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QUESTIONS RESPONSES 
2. Does the Intellectual Property 
Office (IPO) of Trinidad and 
Tobago also administer the 
copyright laws; and if so, is any 
formality or procedure needed 
to uphold such rights? The Intellectual Property Office is responsible for the 
administration of all laws in relation to intellectual property, 
including the Copyright Act, Chap. 82:80. There are no 
formalities for copyright protection. Copyright protection is 
automatic upon the creation of an original literary or artistic 
work. 
3. How is the public made aware 
of intellectual property rights? The Intellectual Property Office (IPO) has been working 
feverishly by providing vari ous education and awareness 
programmes to several publics including Creators and 
Inventors; Research Institutions; Primary and Secondary Schools; Tertiary Level Institutions; Businesses; Government Ministries; State agencies and the general 
public.   
Generally, the mechanisms used to create public awareness 
are the print media, television, radio, exhibitions, organized 
forums, seminars, workshops and direct presentations.  
The Controller of the IPO is also presently implementing a 
project in collaboration with the World Intellectual Property 
Organization (WIPO) to establish a "Start-UP" IP Academy through the IPO to provide education, information and 
training in IP to specific target groups. 
4. In what situations is 
cancellation of a registered 
trademark requested from the IPO Control Division and when 
is it requested from the court? A registered trade mark may be removed from the Trade 
Marks Register pursuant to section 35 (1) (a) and (b)  of the 
Trade Marks Act Chapter 82:81 . The Trade Marks Act 
may be found online at: -  
 
http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawsp
dfs/82.81.pdf    
Section 35  of the Trade Marks Act specifies that the 
application for the removal may be made either to the Court 
or to the Controller of the Intellectual Property Office, at the option of the applicant, subject to the provisions of section 
61 of the Trade Marks Act Chapter 82:81 . 
Section 61 (a)  of the Trade Marks Act  states (a) if an 
action concerning the trade mark in question is pending, the 
application must be made to the Court . In this circumstance 
only, the applicant does not retain the option to apply to the Controller, and must make his application before the courts. 
5. In addition to not using the 
trademark for five years, what 
other reason or motive could be used to apply for cancellation of the registration? According to section 35  of the Trade Marks Act Chapter 
82:81  there are two grounds for an application for the 
removal of a trade mark. Either: 
'(a) that the trade mark was registered without any bona 
fide intention on the part of the applicant for registration that it should be used in relation to those goods by him, and that there has been in fact no bona fide use of the trade mark in relation to those goods by any proprietor thereof 
for a continuous period of three years or longer up to the WT/TPR/M/260/Add.1 
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QUESTIONS RESPONSES 
date one month before the date of the application; or 
(b) that up to the date one month before the date of the 
application a continuous period of five years or longer 
elapsed during which the trade mark was a registered trade 
mark and during which there was no bona fide use thereof 
in relation to those goods by any proprietor thereof for the time being. '  
These are the two stated statutory grounds upon which an 
individual can apply for the removal of the registration of a trademark. 
6. Does the law provide any 
procedure for registering 
widely known trademarks? There are no special provisions for the registration of widely 
known trade marks.  The existing provisions of the Trade 
Marks Act, Chap. 82:81 will be utilized in determination of 
the registrability of the trade mark.  
Pursuant to section 13A  of the Trade Marks Act Chapter 
82:81 , there is a prohibition against the registration of trade 
marks which are identical or confusingly similar to well known marks that belong to another person other than the applicant for registration. The Act can be found through the following link: 
 
http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawsp
dfs/82.81.pdf  
7. Have there been cases where 
one part is not granted but the 
utility certificate is?  If so, what 
protection does this innovation 
have against third parties 
wishing to exploit it? Any granted application (patent or utility certificate) only 
has protection as far as is prescribed by the scope of the 
granted claims as interpreted by the description and 
drawings.  
 
8. Is it possible to sue a third 
party for using an innovation 
that is protected by the utility 
certificate? Yes it is possible to sue a third party for using an innovation 
that is protected by the utility certificate since section 64 (1) 
of the Patents Act Chapter 82:76  specifies that: - 
'The provisions in this Act rela ting to patents or to patent 
applications shall….. be app licable to utility certificates or 
to utility certificate applications, as the case may be .' 
9. Are parallel imports allowed in 
terms of patents only, or also in terms of trademarks? Parallel Imports are permitted in trademarks only, not in 
patents. 
10. In which cases are violations 
covered by civil law and when 
are they criminal? Patent violations are essentially covered by civil law except 
in the case where a party has proffered false documents such 
as statutory declarations and affidavits.  
The unauthorized use of trademarks can attract both civil 
and criminal consequences. Civil actions are far more 
common than criminal actions in Trinidad and Tobago for 
trademark violations as thus far, efforts at criminal 
enforcement in Trinidad and Tobago have been primarily  WT/TPR/M/260/Add.1 
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 MEXICO 
QUESTIONS RESPONSES 
based on copyright infringement.  
Any person who without permission use's another's 
trademark in connection with products or services which is 
likely to cause confusion or deception may be found guilty 
of trademark infringement.   
The criminal remedies in the Trade Marks Act may be 
triggered for instance if someone wilfully commits an act of 
infringement in relation to goods or services for which a 
trademark is registered and used in Trinidad and Tobago. 
Section 66A of the Trade Marks Act provide some 
examples of activities that constitute offences if undertaken 
without consent of the trademark owner for example- 
 -the application of a mark that is identical to, or likely to be 
mistaken for, a registered trademark to goods or their 
packaging; 
 -sale, hire, offer for distribution of goods or their packaging 
that exhibit such a mark; 
 -the making or possession of an article which has been 
specifically designed or adapted for the production of copies 
of a mark that is identical to, or  likely to be mistaken for, a 
registered trademark; 
11. In relation to observance 
procedures, how does the right 
holder, or its representative, 
present the notice to the Customs Administration, or for the purpose of obtaining remedies in the event of 
violation;  is it done through a 
simple written document, or does a form have to be requested from the IPO or a court, ordering the detention of merchandise on the border? The Right holder completes a form which is referred to as a 
notice to the Comptroller of Customs and Excise under 48 
(1) of the Copyright Act i.e. an application for eminent 
action by Customs. It is an application for objecting to importation. Its legal basis is the Copyright (CUSTOMS) Regulations 2000 and 71 A of the Trademarks Act.  
(2) For the purpose of obtaining remedies in the event of 
violation, remedies are obtained  through a Court of Law 
Laws are available on: www.laws of 
TrinidadandTobago.com 
 
12. Please list some the appellations 
of origin that are protected in 
Trinidad and Tobago? As it stands currently, no app lications have been filed for 
the protection of appellations of origin in Trinidad and 
Tobago. 
13. Domain names and economic 
competition are becoming ever 
more important in the 
intellectual property sphere; so how does the legislation of Trinidad and Tobago deal with 
the respective protection? Currently our legislation does not specifically address the 
protection of domain names. There is a Protection Against Unfair Competition Act, Chapter 82:36. 
14. What system is used to protect 
commercial secrets, and what 
parameters need to be There is no public system available for the protection of 
commercial secrets. A public system for the protection of 
commercial secrets would in essence nullify the secrecy of WT/TPR/M/260/Add.1 
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  MEXICO 
QUESTIONS RESPONSES 
considered when dealing with 
this type of information? the information. There is a Protection Against Unfair 
Competition Act, Chapter 82:36. 
15. Does the legislation of Trinidad 
and Tobago provide for 
conciliation, mediation and arbitration as alternative 
dispute settlement mechanisms; 
if so, how frequently are these alternative measures requested, 
and what is their success rate? Our legislation in Trinidad and Tobago incorporates 
Mediation and Arbitration as a lternative dispute settlement 
mechanisms. The Mediation Act Chapter 5:32  establishes 
a Mediation Board for Trinidad and Tobago for the purpose 
of settling disputes of all types. The Act is may be viewed 
on the following site: 
http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawsp
dfs/5.32.pdf   
There also exists, the Arbitration Act Chapter 5:01 for the 
purposes of guiding the use of arbitration, whether 
voluntary or court appointed, and arbitration agreements. 
The Act may be viewed on the following site: 
http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawsp
dfs/5.01.pdf   
The Intellectual Property Office is a separate entity from the 
Judiciary and the Mediation Board of Trinidad and Tobago. 
As such we are unable to attest to the frequency of the use of the alternative dispute settlement measures available and 
their success rate.   
16. Why have no cases been filed 
under the Law against Unfair 
Competition? A litigant may seek relief under the Protection Against 
Unfair Competition Act Chapter 82:36 . A decision to 
seek relief under the Protection Against Unfair Competition Act Chapter 82:36 depends on the individual or entity. We are unable to indicate why no cases were filed under the specific legislation. 
17. Is cumulative protection of 
industrial designs permitted in 
Trinidad and Tobago? Yes, cumulative or concurrent protection under both the 
Copyright Act Chap. 82:80 and the Industrial Designs Act, 
Chapter 82:77 are possible for Industrial Designs. It should be noted however that there are no formalities for copyright to subsist in an original literary or artistic work. A trade 
mark registration may be sought for the shape or packaging 
of goods under the Trade Marks Act, Chap. 82:81.   
18. What advantage does Trinidad 
and Tobago expect to obtain 
from its forthcoming admission to the Madrid Agreement? The advantages of Accession to the Madrid Agreement are 
primarily user based as it simplifies the procedure for the 
filing of a trade mark application and the maintenance of its registration in multiple jurisdictions.   
The Madrid Agreement facilitates the obtaining of the 
protection of trade marks and service marks in multiple 
jurisdictions through the filing of one application.  Since the 
international registration is equivalent to a bundle of 
national registrations, the sub sequent management of that 
protection is made much easier. There is only one registration to renew, and changes such as a change in ownership, or in the name and the address of the holder, are  WT/TPR/M/260/Add.1 
 Page 77 
 
 MEXICO 
QUESTIONS RESPONSES 
recorded in the International Register through a simple 
procedural step.  
Moreover, the Intellectual Property Office is compensated 
for the work that we perform , since the individual fees 
collected by the International Bureau are transferred to the 
Contracting Parties in respect of which they have been paid, 
while the complementary and supplementary fees are distributed annually among the Contracting parties not receiving individual fees, in proportion of the number of 
designations made of each of them. Therefore, it is 
anticipated that there will be  increased revenues to the 
Intellectual Property Office due to accession as it would be easier for more applicants to designate Trinidad and Tobago 
for the protection of their marks. 
19. Does the Copyright Law 
provide for the protection of 
titles, names, appellations, distinctive physical and psychological characteristics, or original operating characteristics, applied to any 
of the following categories in 
accordance with their nature? 
Periodical publications:  
published in successive parts 
with a variety of content, with a 
view to indefinite continuation; 
Periodic broadcasts:  emitted in 
successive parts with a variety 
of content and capable of 
further transmission; 
Character based, fictional or 
symbolic human personalities; 
Persons or groups engaged in 
artistic activities; and 
Promotional advertising:  
involving a novel and 
unprotected mechanism for the purpose of promoting or 
offering a good or a service 
with the additional incentive of giving the general public the chance to obtain another good or service on more favourable 
conditions than are available in 
the ordinary course of trade.  If so, under what legal provision 
are they protected? Pursuant to section 5  of the Copyright Act Trinidad and 
Tobago Chapter 82:80  (reproduced below) the following 
categories of works are protectable:  
'5. (1) Copyright is a property right which subsists in 
literary and artistic works that are original intellectual 
creations in the literary and artistic domain, including in 
particular— 
(a) books, pamphlets, articles, computer programs and 
other writings; 
(b) speeches, lectures, addresse s, sermons and other works 
of the same nature; 
(c) dramatic works, dramatico-musical works, pantomimes, 
choreographic works and other works created for stage 
productions; 
(d) stage productions of wo rks mentioned in paragraph (c); 
(e) musical works, with or without accompanying words; 
(f) audio-visual works; 
(g) works of architecture; 
(h) works of drawing, painting, sculpture, engraving, 
lithography, tapestry and other works of fine art; 
(i) photographic works; 
(j) works of applied art; 
(k) illustrations, maps, plans, sketches and three 
dimensional works relative to geography, topography, 
architecture or science .' 
The Act can be found through the following link: 
http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawsp
dfs/82.80.pdf  
The Copyright Act does not protect titles, names, 
distinctive physical and psychological characteristics, or 
original operating characteris tics. However, the specific WT/TPR/M/260/Add.1 
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  MEXICO 
QUESTIONS RESPONSES 
categories listed in the question, namely; Periodical 
publications, Periodic broadcasts, Character based, fictional 
or symbolic human personaliti es, Promotional advertising 
and the artistic representation of a person are protectable 
under section 5  of the Copyright Act . 
20. Does the copyright law provide 
for the protection of dance? Dance is considered choreographic works or works created 
for stage productions and as such will be protected by virtue 
of section 5 of the Copyright Act Chap 82:80  as copied 
above. 
21. Does the copyright law provide 
for the protection of radio and 
television programmes and computer programs? Radio programs are considered 'works of the same nature'  
for the purpose of section 5 (1) (b)  of the Copyright Act 
Chap 82:80 . Television programmes are considered ' audio-
visual works ' for the purpose of section 5 (1) (f)  and 
computer programs are specifically mentioned in section 5 
(1) (a)  of the Act. As such all three categories referred to, 
fall within the ambit of protection under section 5  and thus 
are protected under the Act. 
22. What is the term of protection 
of related rights in Trinidad 
and Tobago? The terms of protection for the various types of 
Neighbouring/Related Rights vary. The terms of protection 
can be found in Part V  of the Copyright Act Chap 82:80 , 
specifically                sections 21 (4), section 22 (2)  and 24 
(2). The Act can be found at the following site:   
http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawsp
dfs/82.80.pdf. 
23. Does the copyright law provide 
restrictions and exceptions in 
favour of persons with 
disabilities? As the law stands currently, there are no restrictions and 
exceptions in favour of persons with disabilities. However a 
Committee, chaired by the Controller of the Intellectual Property Office, has been established to review the 
legislative framework for the Management of Intellectual 
Property Rights in Trinidad and Tobago. The Committee is mandated to explore the various legislative options to deal with access to information for the blind and persons with other disabilities. The Committee is in the process of 
submitting its Report and recommendations to the 
Honourable Minister of Legal Affairs in that regard. 
24. How many collective 
management societies are there 
in Trinidad and Tobago and which branches of copyright or related rights do they cover? There are currently five Collecting organizations in Trinidad 
and Tobago covering various rights: 
COTT - The Copyright Music Organization of Trinidad and 
Tobago; (category of work – music) 
TTCO -The Trinidad and Tobago Copyright Collecting 
Organization; (category of work – music) 
AWESOME - Advancing Writers Entertainers Singers On 
Music Endeavours; (category of work – music) 
TAPPS - Trinidad & Tobago Association for Producers and 
Performers; (representing performers and producers) and 
TTRRO - The Trinidad and Tobago Reprographic Rights  WT/TPR/M/260/Add.1 
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 MEXICO 
QUESTIONS RESPONSES 
Organisation (category of work – printed works) 
25. Who sets tariffs on royalty 
payments in Trinidad and 
Tobago? The setting of taxes on royalty payments is within the 
purview of the Board of Inland Revenue of Trinidad and 
Tobago, as far as the beneficiary of the said royalty 
payments declares the payments as income.  
26. Does the Government of 
Trinidad and Tobago intend to 
ratify the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention)? To date, no decision has been taken by the Government of 
the Republic of Trinidad and Tobago in relation to 
accession to the Rome Convention.  
It should be noted that Trinidad and Tobago acceded to the 
WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty on November 28, 2008. 
27. In relation to paragraph 72 of 
the Secretariat report, please 
give more information on the implementation of procurement 
processes that use e auctions, 
and on the benefits obtained? E-Auctions systems are not centralized. State enterprises 
may not employ standard e-systems and share similar 
experiences. Additional study is required in this area. 
QUESTIONS FROM MEXICO ON GOVERNMENT PROCUREMENT 
1. With reference to paragraph 71 
of the Secretariat report, who 
serves on the committee to review 
government procurement policy 
and processes that was appointed 
in 2004? The Joint Select Committee, is made up of representatives 
of both houses of Parliame nt including government , 
opposition and independent members which is currently chaired by the Minister of Planning and the economy. .  
2. What are the differences between 
the Central Tenders Board, 
mentioned in paragraph 72 of the 
Secretariat report, and the committee set up in 2004 to review government procurement 
policy and processes? The Central Tenders Board established under the Central 
Tenders Act is that body responsible for undertaking 
procurement activities on behalf of the State in specified 
circumstances.   
The Joint Select Committee, on the other hand is a 
Committee made up of Parliamentarians from both sides of the House so established to:   
(a) examine the Legislative Proposals;  
(b) consult with stakeholders and interested persons;  
(c) send for papers, records and other documents;  
(d) recommend amendments to the proposals with a view 
to improving the drafts;  
(e) submit a report to Parliament within three (3) months 
from the date of appointment.  
3. Does the electronic auction 
system mentioned in paragraph 
72 only apply to procurement by State owned enterprises, or does 
it also apply to procurement by Yes. The electronic auction system mentioned in 
paragraph 72 only apply to procurement by State owned 
enterprises. The CTB current ly does not utilize this 
method of procurement. WT/TPR/M/260/Add.1 
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  MEXICO 
QUESTIONS RESPONSES 
centralized agencies? 
4. Is there an online list of suppliers 
for public procurement in 
Trinidad and Tobago? No online list exists within the CTB. It cannot be verified 
however whether this is true for state enterprises.  
 
5. What are the criteria for using 
the selective tendering system? Selective tendering may be  u sed in those instances when 
there is a limited number of suppliers for certain goods and/or services. 
6. What guarantees exist to prevent 
the selective tendering system 
from being used merely to favour 
local suppliers? Selective tenders are sourced from a list of registered 
suppliers. Registration for this list is not restricted to 
locals. Suppliers desirous of inclusion on this list are simply required to provide reasonable justification for the 
consideration of the CTB Board and Minister of Finance. 
7. In relation to paragraph 74 of the 
Secretariat report, please give 
examples of procurement 
processes in which margins of 
preference are not granted.  
8. Please make clear whether there 
is any mechanism for reviewing 
non compliance in Trinidad and Tobago's government 
procurement system. Section 116 of the Constitution of the Republic of 
Trinidad and Tobago gives the Auditor General inter alia 
this responsibility. 
  WT/TPR/M/260/Add.1 
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PAKISTAN 
QUESTIONS RESPONSES 
1.  Reference to Para 17 of TPR 
by the secretariat. It seems that 
Trinidad and Tobago's 
economy and the BoP is 
heavily reliant on international commodity prices, especially oil and gas. What steps have 
been taken for 
diversification?  Trinidad and Tobago is known for its well-established, 
energy based economy. However, the Government of the 
Republic of Trinidad and Tobago recognizes that energy 
resources are finite, and in order to achieve long-term, 
sustainable growth and development, the country must aggressively pursue economic diversification, particularly in 
non-energy manufacturing and services sectors. 
It is against this background that the Government has 
targeted for strategic development, certain priority sectors in 
which the country already has a traditional resource base, 
established linkages and competitive advantages.  
These are as follows:- 
 Fashion 
 Maritime Industry  
 Music and Entertainment  
 Film  
 Food and Beverage 
 Printing and Packaging 
 Yachting 
Pursuant to this, the Ministry of Trade and Industry is 
currently undertaking the development of an Industrial 
Policy, which will clearly articulate the growth path to 
achieve sustainable economic diversification and create a 
platform for the expansion of trade. This policy would also provide policy prescriptions for long-term growth and 
development of these priority sectors.  
The Government is also focusi ng on the Services Sector in 
Trinidad and Tobago as part of its diversification thrust. The 
Services sector accounted for approximately 46% of GDP in 
2011 and employed over 60% of the labour force.    
Further, Trinidad and Tobago has projected activities aimed 
at growth within the energy sector by moving beyond the 
upstream and mid stream activities to more productive and efficient downstream activities, thereby increasing value 
added capacity. 
2.  Trinidad and Tobago is 
requested to share their 
experience and views on the role of preferential trade and its impact on their competitiveness and productivity. Trinidad and Tobago has been a beneficiary of preferential 
trade arrangements with such developed countries as EU 
Members, USA, and Canada. These arrangements have been instrumental in providing  exports markets, thereby facilitating the growth and development of the productive 
structure in the domestic economy over time. 
Relatedly, the numerous joint venture arrangements and 
investment opportunities have contributed to a more 
positive outlook by domestic business enterprises. WT/TPR/M/260/Add.1 
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  PAKISTAN 
QUESTIONS RESPONSES 
The experience has also served to better prepare domestic 
manufacturers to compete in other markets and for other 
product lines. 
3.  Reference to para 18 of the sect 
report, it appears that despite 
incentives and green box support which has tripled in 2006/07 as compared to 
2000/01, the performance of 
agriculture sector is declining.  
Would the govt. of Trinidad 
and Tobago like to share the major impediments 
hindering productivity 
besides land holding rights. Some of the other major challenges affecting productivity 
include, inter alia: 
• Inadequate labour for agriculture 
• High costs of agricultural inputs – feeds, fertilizers, 
machinery etc. and subsequent high cost of production 
• Issues of low levels of fertility, health and on-farm 
 management for animal sub-sector 
• Praedial larceny 
• Access to credit 
• Infrastructure – agricultural access roads 
• Irrigation - Water management and flood control  
• Aging population involved in agriculture  
• Inadequate/weak extension service 
• Deleterious effect of disease on some sub-sectors 
eg.  Red palm mite in coconuts, citrus virus   
In the Mid-Term Report by the Minister of Food Production 
Land and Marine Affairs, Trin idad and Tobago some of the 
major challenges are identified. 
The link to the Minister's Mid-Term Report can be found at 
the following URL: 
http://agriculture.gov.tt/fplma /index.php?q=content/peoples-
agenda-ministers-report-20111319114610     
4.  Reference to para 48-50 of the 
report, 46% of the GDP in 
2010 was from services,  what 
is the impact of services 
liberalization on the 
economy, especially the 
telecommunication sector(undertook commitments) vis-à-vis financial sector (did not make 
commitments) where the only 
commitment was in 
reinsurance under GATS. Trinidad and Tobago has opened up aspects of its 
telecommunication industry during the past decade whilst it 
has maintained a liberal bankind and insurance industry for some time now. The benefits of the liberalization of these 
sectors include: 
 The growth and expansion of such sectors as 
communication, transport, creative industry; and 
 Facilitation of national education programmes 
aimed at introducing improved technology in the 
school system. 
It is further envisaged that th ese areas will be pivotal to the 
plans for improvements in innovation identified for the Medium Term. 
 
  WT/TPR/M/260/Add.1 
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 PERU 
QUESTIONS RESPONSES 
QUESTIONS FROM THE NATIONAL SUPE RVISORY AUTHORITY FOR CUSTOMS 
AND TAX ADMINISTRATION OF PERU 
Trade policies and practices 
1.  Does the Trinidad and Tobago Customs 
and Excise Office use the reasonable 
doubt mechanism - provided by 
Decision 6.1 of the Customs Valuation 
Committee - in the course of customs clearance or during subsequent control?  To what percentage of its imports subject to the reasonable doubt procedure does the transaction value 
method not apply and the other 
valuation methods provided in the WTO Customs Valuation Agreement 
are applied instead? A very small percentage, in most cases that value 
is accepted. 
2.  To determine the percentage of physical 
inspection, does the Trinidad and 
Tobago Customs and Excise Office use a risk management system or not?  One of the indicators mentioned (identity of the importer, type and value of goods and the rate of duty applied) is the 
opinion of the authorities when in their 
view the shipment poses a security threat, in other words, is inspection subject to a discretionary decision by 
customs officials? The Customs and Excise Division employs risk 
management techniques which are in keeping with World Customs Organisation (WCO) best practices as a selection criteria for physical inspection. Documentary checks are always 
carried out to determine criteria for examination 
and level of risk, whilst other goods are routinely and randomly examined. 
 
 
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  SINGAPORE 
QUESTIONS RESPONSES 
PART I:  QUESTIONS REGARDING THE SECRETARIAT REPORT 
II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 
Trade and Investment Policy Objectives Page 13 (Para 9) 
1. We note that the new Investment 
Promotion Act would, among other 
things, regulate the number of shares foreign investors may acquire in private and public companies.  Could Trinidad 
and Tobago share g reater detail on the 
new Investment Promotion Act and 
how it is expected to differ from the 
1990 Foreign Investment Act?   At present, the Investment Policy of Trinidad and 
Tobago for 2012 to 2016 is being finalised.  This 
policy recommends a new piece of legislation, the Investment Promotion Act, to replace the existing Foreign Investment Act, 1990.  The new legislation is expected to make the investment 
climate more predictable and transparent.  The 
policy recommends that the proposed legislation is intended to be more up to date consistent with 
recent international investment agreements 
Foreign Investment Regime 
Page 15 (Para 18) 
2. We note that currently, under the Foreign 
Investment Act of 1990, foreign investors 
require a licence to own more than 30% of 
a public company. Could Trinidad and 
Tobago elaborate on the procedures 
and criteria required in order to obtain 
such a licence?    Foreign Ownership 
In summary, the Foreign Investment Act, 1990 
makes the following provisions:  
 A foreign investor is permitted to own 
100% of the share capital in a private company, but the Minister of Finance must be notified prior to the investment. 
 Foreign investors are permitted to own up 
to 30% of the share capital of a local 
public company without a licence.  
 A licence is required to permit foreign 
investors to own more than 30% of the 
share capital of a public company. 
 No one is permitted to hold land in 
Trinidad and Tobago or shares in any 
local company in trust for a foreign investor who requires a licence but has 
not obtained same.  
Criteria to be met by foreign investors in order to 
obtain a licence to own more than 30% of a public 
company: 
Shares in Local Public Company 
1. A foreign investor who is desirous of 
acquiring shares in a local public company shall, prior to doing so, supply the 
Minister of Finance and the Secretary of the Company with the information prescribed in the First Schedule (see  WT/TPR/M/260/Add.1 
 Page 85 
 
 SINGAPORE 
QUESTIONS RESPONSES 
details provided below). 
2. A foreign investor may not acquire shares 
in a local public company without 
obtaining a licence where the holding of such shares by him either directly or 
indirectly results in thirty per cent or more 
of the total cumulative shareholding of the 
company being held by foreign investors. 
3. Notwithstanding subsection (2), the 
President may by Order specify any 
regional or international organization as exempt from the requirements of a licence in respect of shareholding shall not be taken into account in determining the total shareholding referred to in subsection (2). 
4. Notwithstanding the provisions of this 
section if such local public company is not 
listed on the Stock Exchange, a foreign 
investor may not acquire such shares unless the company certifies to the stock broker acting in respect of the acquisition, and to the Stock Exchange at or before such acquisition, and to the Stock 
Exchange at or before such acquisition that 
the total shareholding of foreign investors according to the company's share register will not, following such acquisition, exceed thirty per cent of the total issued 
shares of the company, or that the foreign 
investor holds a licence in respect of those shares to be acquire which exceed the 
thirty percent. 
5. Notwithstanding anything contained in the 
law relating to companies or in the 
Memorandum or Articles of Association of any local public company the provisions of the Second Schedule shall apply to local 
public companies with effect from the 
commencement of this Act. 
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      THAILAND 
QUESTIONS RESPONSES 
The WTO Secretariat's Report (WT/TPR/S/260)  
Page 36 paragraph 44 
(vi) Contingency measures 
44.  Preliminary and final determinations must be made public.  A final determination must be 
made within six months of a preliminary determinat ion.  Appeals with respect to an Order imposing 
a duty may be filed with the Tax Appeal Board. 
1.  Could Trinidad & Tobago please 
clarify whether in compliance 
with the WTO obligation, the 
Anti-dumping Authority has notified all interested parties when all decisions/measures (e.g. initiation of an investigation, 
review of a measure including 
sunset review, extension and determination of a measure, etc.) are made under the Anti-dumping and countervailing Act of 1992 and in case of 
notification, by which mean the 
Authority fulfills this obligation? Trinidad and Tobago has notified all interested parties 
when all decisions/measur es are made in accordance 
with Section 32 of the Anti-dumping and Countervailing Duties Act, Chapter 78:05 of the Laws of the Republic of Trinidad and Tobago, which states that notices shall: 
(a) specify the reasons for the giving of the notice; 
(b)  
(i) the Government or Governments of the 
country or countries of the export of goods to which the notice relates; 
(ii) exporters and importers known by the 
Minister or Authority to have interest in those goods; 
(iii) the complainant in rela tion to those goods; 
(iv) where Section 7 applies, the Government 
of the third country on behalf of whom the 
Minister is taking action; and 
(c) be published in the Gazette. 
The means by which the Authority fulfils this obligation 
is by publication in the G azette in accordance with the 
said Section 32 as well as the dispatch of a letter to all interested parties informing them of the decision and 
attaching a copy of the Notice.  
The State of Trinidad & Tobago's Report (WT/TPR/G/260) - Page 13 paragraph 33 - VII. 
SECTORAL DEVELOPMENTS - (i) Service Sector 
33.  The services sector has maintained a signifi cant share of GDP and employment with an 
estimated 45.9 percent share of GDP and some 84. 1 percent of employment being accounted for by 
the sector in 2010. Government aims to a dvance the process of the country's economic 
transformation through building a competitive econom y that is technology-driven, innovative, 
knowledge-based and globally connected .  In this context, the basis for this will be the acquisition, 
exploitation, creation and strategic deployment of knowledge and skills in the services sector so as to 
ensure the provision of services of higher value.  Areas that are being targeted include Energy services, financial services, tourism services, Creative Industry services and ICT services. 
 The WTO Secretariat's Report (WT/TPR/S/260) - Page 68 paragraph 48 - (3)  Service 
48.  The services sector accounted for over 46% of  GDP in 2010, a significant increase from 
about 40% of GDP in 2005.  However, the sect or was also responsible for employing nearly 
70% of the total workforce in the economy , depicting low labour productivity. During the period 
under review services exports declined from US$ 644 million in 2005 to US$ 436 million in 2010.  WT/TPR/M/260/Add.1 
 Page 87 
 
     THAILAND 
QUESTIONS RESPONSES 
2.  The substance from these 2 
reports as quoted above seems to 
contradict to each other, please clarify. The figures quoted in WT/TPR/G/260 are accurate and 
were sourced from the 2011 Review of the Economy 
which is available at  
http://www.finance.gov.tt/content/Review-of-the-
Economy-2011.pdf. There is a discrepancy in the data 
within WT/TPR/S/260 on this issue. 
 WT/TPR/M/260/Add.1 
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THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
1. Page vii, Paragraph 4 states that although 
the Copyright (Amendment) Act was 
passed in 2008, legislation in other 
intellectual property related areas has yet to be implemented.  Is there a timeframe 
within which other intellectual property-
related legislation will be passed and/or implemented?  The following is a compre hensive list of Trinidad 
and Tobago's existing intellectual property 
legislation for patents, trade marks, geographical 
indications, industrial designs, integrated circuits, new plant varieties, copyright and related rights 
and protection against unfair competition:  
o The Patents Act, 1996 (Act No. 21 of 
1996).  The Patents Amendment Act, 
2000 (Act No. 54 of 2000). 
o The Trade Mark Act (Chapter 82:81) and 
Amendment (Act No. 17 of 1994, No. 25 
of 1996, No. 31 of 1997). 
o The Geographical Indications Act, 1996 
(Act No. 20 of 1996). 
o The Industrial Designs Act, 1996 (Act 
No. 18 of 1996). 
o The Layout-Designs (Topographies) of 
Integrated Circuits Act, 1996 (Act. No. 
19 of 1996). 
o The Protection of New Plant Varieties 
Act, 1997 (Act No. 7 of 1997). 
o The Copyright Act, 1997 (Act No. 8 of 
1997) as amended by Act No. 18 of 2000 
and No. 5 of 2008. 
o The Protection Against Unfair 
Competition Act, 1996 (Act No. 27 of 
1996). 
o The Miscellaneous Amendments Act, 
2000 (Act No. 18 of 2000). 
It should be noted that Trinidad and Tobago's 
intellectual property legislation is (TRIPS 
compliant) TRIPS plus. 
A new Trade Marks Bill is being finalized in 
consultation with the Chief Parliamentary 
Counsel. It is expected that the new Trade Marks Bill will be debated in Parliament during 2012. 
The Trade Marks Bill will repeal and replace the 
existing Trade Marks Act, Chap. 82:81 with a more modern comprehensive piece of trade marks legislation in keeping with international standards. The new Trade Marks Bill will include 
provisions for the protection of trade marks on 
the Internet and to give effect to Trinidad and Tobago's proposed accession to the Madrid  WT/TPR/M/260/Add.1 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
Protocol relating to the Madrid Agreement 
concerning the International Registration of 
Marks. 
Amendments to the Patents Act, 1996 and the 
Industrial Designs Act 1996 are being prepared 
and these will be promulgated after the Trade 
Marks Bill. 
II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 
(4) INTERNATIONAL RELATIONS 
(i) World Trade Organization Page 16, paragraph 25:  The Secretariat states, "During the review period, Trinidad and Tobago 
continued to fulfil its notification obligations under the various WTO Agreements."  The United 
States notes, however, that Trinidad and Tobago has not submitted a notification to the Committee 
on Subsidies and Countervailing Measures pursuan t to Article 25.1 of the SCM Agreement. 
2. But, according to the Secretariat's report, 
Trinidad and Tobago appears to maintain 
export subsidies which would meet the 
notification requirements set forth in Article 
25 of the SCM Agreement.  In light of 
Trinidad and Tobago's obligations under 
the Agreement, when will Trinidad and Tobago provide the details of all its specific subsidy programs, including 
subsidies contingent on export 
performance or the use of domestic over imported goods, by submitting the relevant notification pursuant to its obligations under Article XVI:1 of the 
GATT 1994, and Article 25 of the SCM 
Agreement?  Trinidad and Tobago has not identified any 
specific subsidy programmes. Hence details 
cannot be provided.  
(iii) Non-reciprocal arrangements 
Page 19, paragraph 45: This para graph falls under the subheading of  Non-reciprocal Arrangements, 
and is entitled, "CARIFORUM-EU Partnership Agreement."   
3. We note that this paragraph appears to refer 
to the Economic Partnership Agreement 
between the CARIFORUM States and the European Union, the text of which may be 
found on the CARICOM Secretariat's 
website under the Office of Trade Negotiations (http://www.crnm.org/).  In 
light of the tariff phase out provisions of 
Article 16, "Customs duties on imports 
of products originating in the EC Party," 
and Annex III, CUSTOMS DUTIES ON PRODUCTS ORIGINATING IN THE EC PARTY, of the Agreement, is it not correct to characterize the EPA as a Yes, it is correct to characterize the EPA as a 
reciprocal agreement. WT/TPR/M/260/Add.1 
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  THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
reciprocal agreement?  
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) MEASURES DIRECTLY AFFECTING IMPORTS 
(i) Procedures 
4.  Page 21, paragraph 2:  The Secretariat's 
report states, "For all imports in excess of 
TT$20,000, the importer is required to use a local customs broker…."  Please 
explain the criteria for becoming a local 
customs broker.  Also, how did 
Trinidad and Tobago determine the 
threshold level?  The Customs Brokers and Customs Clerks Act 
Chapter 78:03 Laws of Trinidad and Tobago states the Criteria for becoming a Customs Broker.  
 
A fiscal measure of the 2010/2011 budget of Trinidad and Tobago was an increase to $20,000 TT to the value of consignments allowed to be cleared without the preparation of 
documentation from a customs broker. 
 This measure is trade facilitative and intended to be an incentive for small business and individuals.  
 
5.  Page 21, Paragraph 2:  The Secretariat's 
report states, "Where documentary 
submissions do not support physical 
examination, with regards to quantity and the description of the declared goods, Customs may require payment of additional duties."  Please clarify what 
additional duties may need to be paid.  And what circumstances would lead to 
additional duty payments?  In a number of instances physical examination of 
goods reveal discrepancies in quantity, description and value which are not supported by documentary submissions provided in connection with the shipment.  In such cases additional 
duties may be payable and collected, before 
release of goods. An adjustment Customs entry is required to be prepared to cover additional duties due. 
 
6.  Page 21, Paragraph 5:  The Secretariat's 
report states, "... goods originating in 
Trinidad and Tobago's traditional trading 
partners and those subject to relatively 
lower rates of duty are less likely to be inspected."  Please explain what risk 
management factors led the 
government to determine that low value 
goods and those from neighbors require 
fewer inspections?  The considerations include: 
 The bi-lateral and multilateral treaties 
that provide for duty free, tax free entry of goods that qualify under the relevant Rules of Origin; and 
  Information provided by relevant 
Government agencies with border responsibilities that suggest certain 
categories of goods would present low 
risks to the country's health and safety.  
(ii) Customs valuation 
7.  Page 22, paragraph 8:  The Secretariat 
Report indicates that, "The authorities 
stated that Customs maintains a database of reference prices but this is not published."  Could Trinidad and According to the Sixth Schedule of the Customs 
Act Chapter 78:01: where the customs value of imported goods cannot be determined under 
paragraph 3-7, inclusive the value shall- 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
Tobago please explain how and for 
what purposes this database is used?  
How are the values contained in the database determined? How often are 
such prices updated?  (a) be determined using reasonable means 
consistent with the principles and general 
provisions of this Schedule;  (b) to the greatest extent possible, be based on previously determined customs values ; and 
 
(c) make use of the methods of valuation laid down in paragraphs 3 to 7, inclusive, using where necessary, reasonable flexibility in their application.  
In keeping with this principle, a data base is 
maintained. This data b ase consists of, suppliers, 
specific products and values. This data base is 
updated and reviewed regularly. 
(iii) Tariffs 
8.  Page 23, paragraph 13:  The Secretariat 
Report notes that the applied MFN rate 
exceeded the bound rate on 50 lines in 
2011, up from 44 in 2004 (Table III.2). The Report also states that the authorities attributed the increase to the change in nomenclature to HS07 from HS02.  Could Trinidad and Tobago please explain what it plans to do to reduce the tariffs of products in Table III.2 to their bound WTO rates?  The United States is concerned that for some agricultural products, such as string beans (HS 
07082010), there is a significant 
difference between a bound rate of zero percent and an applied rate of 40 
percent.  Trinidad and Tobago as a member of the 
Caribbean Community (CARICOM) applies a 
Common External Tariff (CET). In the case of 
products whose applied rate exceeds the bound rate, a review of the products has indicated that the majority have been at that rate since the adoption of the CET. Trinidad and Tobago is 
aware of its options, either to reduce the applied 
rate (in accordance with CARICOM rules) or to enter into Article XXVIII re-negotiations. This is however not simply a national issue but a regional one and the resolution must be addressed within CARICOM. The matter is being pursued. 
 
 
9.  Page 24, paragraph (c) 14:  The 
Secretariat states that "the average applied 
MFN tariff (excluding specific duties) in 2011 was 8.5%, down from 9% in 2004, reflecting increased liberalization." What 
are Trinidad and Tobago's current 
applied tariffs on chicken products in 
HS Chapter 2 and 16?  We understand 
that Trinidad and Tobago recently proposed a doubling of tariffs for imported chicken from 40% to 80%.  Tariff increases were also proposed for 
ice cream and other products.  If true, 
please explain why Trinidad and Tobago would increase these tariffs in Trinidad and Tobago's applied tariffs are 
available to all WTO Members via the WTO's 
Tariff Analysis Online Facility. 
The current applied tariffs for imported chicken 
in HS Chapters 2 and 16 are 40% and 20% 
respectively. The bound tariffs for these products 
range from 100% to110%.  Proposals at the national level for temporary increases in the applied tariffs on poultry products and ice cream have been based on the consideration to avoid the 
decimation of these industries in the short term, 
whilst we encourage their retooling to build competitiveness.  Such considerations represent an aberration from the trend of actions related to WT/TPR/M/260/Add.1 
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  THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
light of the increased liberalization that 
the Secretariat advises is increasing in 
Trinidad and Tobago, and concerns 
about high food prices?  the change of applied tariffs by the Government 
of Trinidad and Tobago during the period under 
review. These rates have not been implemented. It is not expected that any changes in the applied tariffs on these products will result in higher food 
prices. 
 
10.  Page 27, paragraph 16:  The Secretariat 
Report states that "Although all duties are 
bound in ad valorem terms, specific duties 
are applied on 27 tariff lines (mainly 
alcoholic beverages) (Table III.4)... It is possible that the application of specific duties could lead to the applied duty exceeding the bound rate" and that "there 
were no figures to allow the estimation of 
ad valorem equivalents (AVEs) of the specific duties…"  What is Trinidad and 
Tobago doing to ensure that applied 
duties do not exceed bound rates for 
products with specific duties?  Trinidad and Tobago is reviewing its bound and 
applied rates for products with specific duties and 
is engaging in greater awareness of this issue and 
its implication among the relevant government 
Ministries. 
(vi) Contingency measures 
11.  Page 36, paragraph 45:  The Secretariat 
states: "Duties are imposed for a 
maximum period of five years, unless reviewed (sunset review), or if the 
Minister feels that the product is no longer 
causing injury to the domestic industry."  
Please state the criteria that the 
Minister considers in making the decisions as to whether the imported product(s) in question is (are) causing injury to the domestic industry.  
 
 
 
 
 
 
 
 
 
 
 The Minister is guided by the Anti-dumping and 
Countervailing Duties Act, 1992 as amended (the 
Act) and the Anti-dumping and Countervailing Duties, Regulations, 1996 (the Regulations) to 
determine the likelihood of a continuation or 
recurrence of dumping and the likelihood of a recurrence of actionable injury. With regard to the likelihood of a continuation or recurrence of dumping consideration would be given to whether there has been dumping of the goods 
while the duty was in effect; the current and 
projected performance of the exporters/producers; evidence of the imposition of anti-dumping or countervailing measures by the Authorities of other countries on the goods; 
imposition of measures by the Authority in 
respect of similar goods while an order or finding in respect of the goods was in effect; market 
conditions in T&T; and the dumping margin.  
The likelihood of a recurrence of actionable 
injury would take into consideration the views of 
the domestic industry; total consumption, factors relating to the dumped imports such as the volume of dumped imports, market share and the 
price effect of the dumped imports on the  WT/TPR/M/260/Add.1 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
What is the process by which the 
Minister would consider terminating a 
measure?  domestic industry i.e. price depression, price 
undercutting and price suppression. Also, the 
consequent impact of the dumped imports on the state of the domestic industry is examined. These include relevant economic factors such as the negative effects on sales, profitability, 
production, market share, productivity, return on 
investment, rate of use of production capacity, inventories, cash flow, employment, wages, growth, ability to raise capital and investments. 
Refer to Section 10 of the Regulations. 
The process by which the Minister would 
consider terminating a measure is found at 
Section 23 of the Act. 
12.  Page 36, paragraph 47:  The Secretariat 
states: "Answers to questions relating to 
Trinidad and Tobago's notification to the WTO in 1999 on the 1995 amendment were submitted in August 2005.  In 2005, the authorities had noted that the anti dumping legislation a nd regulations were 
being reviewed.  However, this has not 
happened.  According to the authorities, the process has been delayed due to the harmonization of CARICOM's anti-dumping legislation.  Currently only 
Jamaica and Trinidad and Tobago have a 
national regime.  The authorities noted that the Ministry of Trade and Industry is working with the Chief Parliamentary Council to amend the current legislation."  
Does the government have a time table 
for issuing harmonized trade remedy 
legislation for CARICOM?  Please provide a timetable as to when the government expects the review of the anti-dumping legislation and regulations to commence.  The Government of Trinid ad and Tobago will not 
be "issuing harmonized trade remedy legislation 
for CARICOM." The Government is amending its national legislation. Efforts were being made at the CARICOM level to have harmonized anti-dumping legislation. The Government of Trinidad and Tobago is fully committed to 
completing the amendments in the shortest 
possible time and it is anticipated that the amendment will go to Parliament before the end 
of this year. 
13.  Page 37, paragraph 49: The Secretariat 
states: "Trinidad and Tobago has no 
specific legislation dealing with safeguard measures, as notified to the WTO.  At the 
time of the last Review in 2005 the 
authorities stated that safeguards legislation was being drafted.  However, 
this has not materialized." 
Please provide a timetable as to when 
the government expects the safeguards 
legislation to be drafted, completed, Upon reflection of the requirements for the 
preparation and implementation of safeguard 
legislation, Trinidad and Tobago is still pursuing national consultations  on the implementation of the said legislation. WT/TPR/M/260/Add.1 
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  THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
and notified to the WTO. 
MEASURES DIRECTLY AFFECTING EXPORTS 
(iv) Export tax and duty concessions, including free zones 
14.  Page 39, paragraph 57:  The Secretariat's 
report states that a provision is in place 
that allows "for the deduction of 150% of promotional expenses incurred in expansion into non-CARICOM markets."  In the 2005 Trade Policy Review for Trinidad and Tobago, the response to 
questions on this program explained that 
this program is an allowance to encourage new market research. However in this year's report it seems it is available to all promotional expenses incurred in 
expansion into non-CARICOM markets. 
This program does not appear to have been notified pursuant to Article 25 of the Subsidies Agreement.  Please explain 
why this program doesn't qualify as 
notifiable under Subsidies committee.  
Further, please explain this program in 
light of Trinidad and Tobago's obligations under Article 3 of the SCM 
Agreement.  With respect to the 150 percent tax deduction, 
this is available for any firm engaging in market 
research and intelligence in extra regional 
markets.   
 The report also states that "exporters are 
also eligible for a rebate, amounting to 
1.5% of the value of export sales, which is valid for the reduction of duty payable on future imports." In the 2005 Trade Policy Review for Trinidad and Tobago, the response to questions on this program 
explained that this program is no longer 
used; however this year's report indicates that incentives under this program are still available.  This program does not appear to have been notified pursuant to Article 
25 of the Subsidies Agreement.  Please 
explain why this program doesn't 
qualify as notifiable under Subsidies committee.  Further, please explain this program in light of Trinidad and 
Tobago's obligations under Article 3 of 
the SCM Agreement. 
  With respect to the rebate, this measure is no 
longer in effect. 
  WT/TPR/M/260/Add.1 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
(3) MEASURES AFFECTING PRODUCTION AND TRADE 
(iii) Standards and other technical requirements 
15.  Page 44, paragraph 81:  Please explain 
how the Trinidad and Tobago Bureau of Standards (TTBS) identifies interested parties to be involved in the 
first stage of standards development?   
Please confirm that when Trinidad and Tobago decides to accord compulsory status to a voluntary standard that such technical regulations are notified to the 
WTO Secretariat in draft form.  a) The procedure used to initiate the 
standards development process is as 
follows: 
 The need for standards in a 
particular industry is solicited 
from our industry stakeholders and Government agencies on an annual basis; in addition, a 
periodic scan of the national 
environment brings to our attention the need for standards to address societal or 
environmental issues. 
 When a decision is made to 
proceed with the formulation of 
a standard, a Technical (Standards) Officer is assigned to the project. 
 Preliminary work is undertaken 
including technical and market 
research to identify 
manufacturers, importers, 
exporters, suppliers and distributors for the particular product; consultations are also held with the Head of the 
Standardization Division to 
identify the main stakeholders 
 A cross-section of these 
stakeholders is selected and 
nomination forms are sent to the 
organizations inviting their participation on the Specification Committee; major stakeholder 
groups include: 
o Consumer Affairs 
Division, Ministry 
of Legal Affairs 
o Academia – 
University of the 
West Indies, University of Trinidad and Tobago 
o Scientific or 
research institutions WT/TPR/M/260/Add.1 
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  THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
o Testing agencies 
o Practitioners  
o Users  
o Industry experts 
b) When Trinidad and Tobago decides to 
accord compulsory status to a voluntary 
standard, the draft technical regulation is 
notified to the WTO for comment (within 
a 60 day period). 
16.  Page 45, paragraph 90:  Does the TTBS 
accept testing and certification from ILAC accredited laboratories in foreign countries?  Yes.  TTBS/TTLABS is an associate member of 
ILAC and is therefore part of the framework 
work that supports International trade through 
acceptance of ILAC accredited testing and 
certification worldwide. 
17.  Pages 45 and 46, paragraphs 91 and 92:  
Would Trinidad and Tobago please explain the process by which CROSQ 
standards (whether voluntary or 
compulsory) are implemented nationally?  At what point in either the regional development process or the national implementation process does 
Trinidad and Tobago notify a proposed 
measure to the WTO Secretariat per the relevant transparency provisions of 
the TBT and SPS Agreements?  When a CROSQ standard is implemented 
nationally, the standard is taken through the 
national adoption process as required by our 
national Standards Act (No. 18 of 1997); this 
process includes a period of advertisement for Public Comment. If the standard is intended to be mandatory, the draft technical regulation is 
notified to the WTO. 
Increasingly, TTBS is engaging the national 
process in parallel with the regional standards 
development process so that the requirements for national consultation and inputs are satisfied 
while the regional process in train. In this way, 
when the draft standard is intended for compulsory status, the draft technical regulation is notified to the WTO during the same period in which the draft standard is issued for Public 
Comment by CROSQ. 
18.  Page 47, Paragraph 102:  The Secretariat 
Report notes that COTED accepted a draft 
protocol for CARICOM Inspection Procedures for Risk Assessments in October 2011. It indicates that it is being 
finalized prior to implementation.  This 
protocol would appear to be an SPS measure.  Is Trinidad and Tobago 
planning to notify the draft protocol for 
CARICOM Inspection Procedures for 
Risk Assessments at an early enough 
stage so that WTO Members can comment on those procedures, and so that the government can take those This Protocol is merely administrative and not 
considered to be an SPS measure. The 
Government of Trinidad and Tobago will nevertheless consider whether any further action 
may be necessary.  WT/TPR/M/260/Add.1 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
comments into account?  
(iv) Intellectual property rights 
19.  Page 50, paragraph 115 states that the 
Geographical Indications Act of 1996 
provides "for conflicts regarding trademarks bearing geographical 
indications."  Do the grounds for 
refusing protection to or registration of 
a geographical indication take into account the exclusive rights granted to trademarks in TRIPs Article 16.1; that is, that a proposed geographical 
indication will be refused protection or 
registration if it is determined to be identical or confusingly similar to a 
prior trademark?  S. 19 (2) of the Geographical Indications Act of 
1996 states: 
Where a trademark has been applied for or 
registered in good faith, or where rights to a 
trademark have been acquired through use in 
good faith either- 
a) before the date of entry into force of this 
Act, or 
b) before the geographical indication is 
protected in its country of origin, 
this Act shall not prejudice the registrability of or 
the validity of the registration of a trademark, or 
the right to use a trademark, on the basis that 
such a trademark is identical with or similar to, a 
geographical indication. 
20.  Page 50, paragraph 119 states, in part, that 
copyright protection is afforded under the 
Copyright (Amendment) Act of 2008, which was promulgated in May 2008 and 
amended the Copyright Act of 1997.  
Under the provisions of the Act, copyright protection is granted to original literary and artistic works, such as musical works. Article 11 of the Berne Convention, as 
incorporated in TRIPS Article 9, 
establishes a system of compensation for the public performance right of musical works.  Reports indicate that the largest cable operator in Trinidad and Tobago, a company known as FLOW, does not pay 
the public performance royalties it owes 
under applicable domestic law. The Copyright Music Organisation of Trinidad and Tobago ("COTT"), the local performing rights organization for music, 
estimates that for the period of 2006-
2011, FLOW owes COTT total payments of more than US$30 million.  There is also a recent court decision, issued by the High Court of Justice in June 2011 based 
on litigation initiated in 2002, that 
rejected the claim by FLOW that it was not required to obtain a public performance license from COTT; the case is on appeal and no funds have yet been Intellectual property rights in Trinidad and 
Tobago are considered private rights and thus the 
right holder or authorized licensee must provide the requisite evidence in support of the 
prosecution of criminal offences or in civil 
proceedings. Prosecutors have complained that there is a problem in obtaining evidence from foreign rights holders for the purposes of 
successful prosecution.  
Civil infringements are actionable through the 
High Court of Justice and those decisions may be 
appealed at the Court of Appeal, with final appeal to the Judicial Committee of the Privy 
Council.  Criminal acts of infringement are dealt 
with by the Magistrates' Court.  The Magistrate's decision may be appealed in the High Court; while final recourse remains with the Judicial 
Committee of the Privy Council.   
Remedies include:  injunctions; damages, 
including recovery of profits, and expenses, 
including attorney's fees; and destruction or other disposal of infringing goods and 
materials/implements that were used for the 
production of the infringing goods. 
The Courts may also impose provisional border 
measures;  whereby, a right holder who has valid 
grounds for suspecting that imported goods are in violation of any intellectual property right may apply to a Court for an order to suspend the 
import of infringing goods. WT/TPR/M/260/Add.1 
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paid to COTT.  
Please provide information on Trinidad 
and Tobago's law and enforcement 
system in light of its Berne/TRIPS obligations. Based on our own research, there are few cases 
in the civil law in Trinidad and Tobago in which 
the enforcement of copyright protection was 
sought since the introduction of the new Civil 
Proceedings Rules 1998.  The COTT v Columbus Communications Case is a noteworthy 
exception.  
Regarding criminal cases, the powers to "search, 
seize and arrest" given to the Police  in the 
Copyright Act (sections 45-47) as well as the severe penalties for criminal offences provided for in the Act have  not translated into successful 
prosecutions in the Magistrates Courts for piracy 
. Evidence of this is clear that  "for the entire period of 2007 to 2011 (September), there were a total of 55 cases brought before the courts by COTT, of which only 7 ended in a decision and 
conviction and 48 cases are still pending ". 
(Source: COTT STATISTICS). 
Legislative Framework 
The legislative framework for the protection of 
IPRs in Trinidad and Tobago is as follows: -  
a) Trade marks 
Trade marks are governed by the Trade Marks 
Act, Chap. 82:81.  The registration of trade 
marks, service marks, collective marks and 
certification marks for goods and services are 
provided for under the current trade mark legislation.  The definition of a trade mark includes the packaging of goods and their shape.  Protection is granted for ten years and may be renewed for further periods of ten years.  If a 
mark has not been used for five years, an 
interested party may apply to the Controller of the IPO or the Court for its removal from the 
Register.   
A registered trade mark may be infringed through 
the use of an identical or confusingly similar 
mark to the registered trade mark in relation to the same, similar or related goods or services for which the trade mark is registered.  Criminal 
prosecution may be brought in cases of 
unauthorized use of registered marks, including use of well-known marks.  Customs authorities are authorized to seize goods being imported into Trinidad and Tobago upon notice from the rights 
holder or the rights holder's representative, in  WT/TPR/M/260/Add.1 
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QUESTIONS RESPONSES 
order to prevent goods that infringe registered 
marks from entering Trinidad and Tobago. 
b) Patents 
Patents are governed under the Patents Act, 
1996; the Patents Rules, 1996 and the Patents 
Amendment Act 2000.  Under the current legislation, the grant of a patent is based on the internationally accepted criteria of universal 
novelty, inventive step and industrial 
applicability, together with a full search and examination procedure.  Patents are granted for 20 years with no possibility of extension.  Furthermore, the current legislation provides for a utility certificate which enables the owner of a 
useful innovation, who may otherwise be unable 
to fulfill the criteria for patentability, to obtain some protection for the innovation.  The criteria for granting a utility certificate are novelty and industrial applicability.  The period of protection 
for a utility certificate is ten years from the date 
of filing.  
An application for a patent must include a 
description of the invention as well as the 
application fee of TT$2,000.  Additionally, a 
patent application may be filed under the Patent Cooperation Treaty (PCT), of which Trinidad 
and Tobago is a member.    
The Patents Act and Rules allow for compulsory 
licences but no such licences have been issued to 
date.  Applications for compulsory licences would usually be directed to the Courts, where the Court would only grant a licence if it were 
satisfied that the applican t has made an effort to 
obtain a licence on reasonable terms and conditions from the patentee, but had not succeeded.  The Court is also empowered to grant a compulsory licen ce if there was evidence 
of insufficient or unreasonable market supply in 
Trinidad and Tobago.   Additionally, the Minister of Legal Affairs may make decisions on compulsory licences on grounds of public interest or infringement of competition law.  
However, such decisions are subject to judicial 
review.   
Compulsory licences granted by the Court are 
subject to review by the Court of Appeal and 
final appeal to the Judicial Committee of the 
Privy Council.  The law mandates that a WT/TPR/M/260/Add.1 
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reasonable remuneration, having regard to the 
economic value of the licence, be granted by the 
Court, even in the case of a licence granted as a remedy against an anti-competitive practice.  The possibility of judicial review applies also to decisions relating to remuneration.  The current 
legislation does not contemplate the possibility of 
cross-licensing in the event of dependent patents.  The legislation allows for authorized parallel imports and provides for national exhaustion of 
rights. 
c) Industrial designs  
 Industrial designs are protected under the 
Industrial Designs Act, 1996.  Protection is 
granted for designs that are new and not contrary to public order or morality.  Under the Act the definition of "design" includes aesthetic quality while excluding features in the design engineered exclusively to obtain a technical result.  The term 
of protection is five years, renewable for two 
further consecutive five-year periods. 
d) Trade secrets and unfair competition 
The Protection Against Unfair Competition Act, 
1996 provides for the protection of trade secrets 
and from unfair competition in a commercial and industrial setting.  Under the Act, protection is 
provided against acts including:  damaging 
another's goodwill or reputation;  causing confusion with respect to another's enterprise;  misleading the public; discrediting another enterprise or activities;  and disclosure, 
acquisition or use of secret information. 
e) Geographical indications 
Geographical Indications are protected under the 
Geographical Indications Act, 1996.  Under the 
Geographical Indications Act, appellations of 
origin, that is, protection for indications used to designate a product that originates from a particular region and whose quality, reputation or 
characteristics are essentially attributable to that 
region are protected.  Criminal sanctions may be imposed upon persons who deliberately and wrongfully use geographical indications.  Furthermore, the Intellectual Property 
(Miscellaneous Amendments) Act 2000 allows 
for the use of foreign geographical indications identifying wines or spirits in connection to  WT/TPR/M/260/Add.1 
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QUESTIONS RESPONSES 
goods or services by any national or resident of 
Trinidad and Tobago who has used the indication 
continuously in connection with the same goods or services for at least ten years preceding April 15, 1994; or in good faith preceding that date.  However to date, no applic ations have been filed 
under the Act for the protection of geographical 
indications. 
f) Layout-designs of integrated circuits 
Layout-designs of integrated circuits are 
protected against reproduction, importation, sale 
or other distribution in a commercial setting, by the Layout-Designs (Topographies) of Integrated Circuits Act 1996 and the Intellectual Property 
(Miscellaneous Amendments) Act 2000.  The 
legislation covers protection for designs or circuits that are original within the context of the Act, provided the layout-design is the result of the creator's own effort and is not commonplace 
among creators at the time of creation.  
Protection is granted for ten years either from the date of first commercial exploitation or, if not yet commercial, from the filing date.  Thus far, no 
applications have been filed under the Act. 
g) Plant varieties  
 The Protection of New Plant Varieties Act 1996 
grants plant breeders' rights in respect of new 
plant varieties and relate d matters.  Under the Act 
a variety must be new, distinct, uniform and stable and must be registered with the IPO to obtain breeders' rights.  Registration is open to nationals, residents, and foreign nationals of a 
country party to the International Convention for 
the Protection of New Plant Varieties (UPOV) or of a country that grants reciprocity of treatment to Trinidad and Tobago.  The term of protection 
is either 15 or 18 years, depending on the species. 
h) Copyright  
Copyright protection is afforded under the 
Copyright Act, Chap. 82:80. Copyright 
protection is granted to original literary and artistic works. Original literary and artistic works including books, pamphlets, writings; speeches; dramatic, musical and audiovisual works; works 
of architecture; photographic works are all 
protected by copyright, together with "works of mas". Related rights are proprietary rights that subsist in performances, sound recordings and WT/TPR/M/260/Add.1 
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broadcasts.   
Original works are protected i.e. vested with 
copyright protection as soon as they are created. 
This is in accordance with  the Berne Convention, 
to which Trinidad and Tobago is a party. Under 
the Berne Convention, there are no formalities for copyright protection. Hence, there is no requirement that a work be registered for copyright protection to subsist. As a result, there is no local system for the registration of copyright. The IPO does not register copyright.  
Independent of his copyright in a work, the 
author of a copyright work has the moral rights 
to: - 
o be identified prominently as the author of 
his work; 
o not have his name indicated on his work, 
if he so desires; 
o use a pseudonym; and 
o object to any derogatory treatment of his 
work. 
The scope of what constitutes copyright 
infringement has been expanded.  Under the Act, 
"the manufacture or importation for sale or 
rental of any device or means, specifically 
designed or adapted to circumvent any device or 
means intended to prevent or restrict 
reproduction of a work or to impair the quality of 
copies made " and " the manufacture or 
importation for sale or rental of any device or 
means that is susceptible to enable or assist the reception of an encrypted program, which is 
broadcast or otherwise communicated to the 
public, including by satellite, by those who are 
not entitled to receive the program " are in 
violation of copyright and neighbouring rights.   
Furthermore, the unauthorized alteration or 
removal of any electronic rights management 
information, from any work, performance, sound recording, or broadcast or any copy of such work, performance, sound recording or broadcast is a copyright violation. 
Copyright protection continues to be for the life 
of the author plus 50 years.  Collective works and 
audio-visual work are protected for 75 years from 
the date on which the work was first published,  WT/TPR/M/260/Add.1 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
or 100 years from the making of the work, if the 
work was neither made available to the public 
nor published before 25 years after its making.  Parallel imports of copyrighted goods are not 
allowed. 
It is an offence under the provisions of the Act if 
a person sells, hires, imports (other than for 
private use), exhibits in public, distributes other than in the course of a business in excess of three copies of an article which is, and which he knows 
or has reason to believe is, an infringing copy of 
a copyright work, performance, sound recording or broadcast.  If found gui lty of infringement, the 
person may be convicted for a maximum prison term of ten years or a maximum fine of Two 
Hundred and Fifty Thousand Trinidad and 
Tobago Dollars (TT$ 250,000.00) may be 
imposed. 
The Court may also order that the infringing 
copy, article, apparatus, implements or devices 
be destroyed or delivered up to the copyright owner or to any other person that the Court may 
direct. 
21.  Page 51, paragraph 121 states that the 
2008 amendments to the Copyright Act 
expanded the scope of copyright infringement to include "the manufacture or importation for sale or rental of any device or means, specifically designed or adapted to circumvent any device or 
means intended to prevent or restrict 
reproduction of a work or to impair the quality of copies made."  Does Trinidad 
and Tobago's amended copyright law 
prohibit the circumvention of access 
controls?  If not, has any consideration 
been given to incorporating such a 
prohibition?  Sections 34A and 34B of the amended 
Copyright Act , 1997 provides legal remedies 
against the circumvention of technological measures or the alteration or removal of rights management information as required under the WIPO Copyright Treaty  and the WIPO 
Performances and Phonograms Treaty . Rights 
management information is any information that 
may be used to identify an author, a performer, a work etc. or the terms and conditions of the use of that work, performance, sound recording or broadcast.  In this regard, the manufacture or 
import for sale of devices that may be used to 
circumvent encrypted works constitutes 
copyright infringement. 
22.  Page 51, paragraph 126 states that 
available remedies for intellectual 
property right violations include 
injunctions; damages, including recovery 
of profits, and expenses, including attorney's fees; and destruction or other disposal of infringing goods and materials/implements for their production.  Is destruction or other disposal of infringing goods and materials/implements carried out The destruction of the infringing goods is 
executed without compensation to the person 
who has been found guilty of the copyright 
violation.  A rights holder may seek, inter alia, an 
account of profits, award of damages and an order for destruction of infringing goods by the 
Court. WT/TPR/M/260/Add.1 
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QUESTIONS RESPONSES 
without compensation of any sort, in 
light of Article 46 of the TRIPS 
Agreement?  
23.  Page 51, paragraph 127 states that "the 
Court may also impose provisional border 
measures, whereby, a right holder who 
has valid grounds for suspecting that 
imported goods are in violation of any intellectual property right may apply for an order to suspend the import of infringing goods."  In light of Article 50 
of the TRIPS Agreement, are 
provisional measures also available in 
the context of civil litigation?  Provisional measures are available within the 
context of civil litigation. 
IV. TRADE POLICIES BY SECTOR 
(1) AGRICULTURE 
(iii) Agriculture Policies 
24.  Page 58, paragraph 7:  With regard to 
the Estate Management and Business 
Development Company Ltd. (EMBD), 
would Trinidad and Tobago please explain how the rent on agricultural land owned by the State and leased by 
EMBD is established?  The state is the owner of all Agricultural state 
land.  With the closure of the former sugar 
company, Caroni (1975) Limited, the EMBD was 
charged with the responsibility to manage, in the interim, the state lands formerly owned by CARONI (1975) Limited.  These lands have since been reverted to stat e control.  As such, the 
EMBD does not lease agricultural land on behalf 
of the state. 
In 2001 the state revised the then policy of using 
the open market value approach in determining 
annual lease rental value in addition to reducing 
the length of term for Standard Agricultural 
Leases.   
Presently, the rental rate for leased state land is 
based on economic activity, differentiated by the 
type of crop (short /long term crop) and the value of economic activity: short term crop production (under one year); livestock production; medium to long term crop production and commercial production. 
25.  Pages 58-59, paragraph 7 and Table IV.3:  
In light of footnote b to Table IV.3, would it not be appropriate to include the National Flour Mills (NFM) on the 
list in paragraph 7 of other agencies 
that have responsibility for "implementing policy," namely the purchase of all paddy rice at the Given that NFM is charged with responsibility of 
purchasing all paddy from farmers which is a 
current policy of the government of Trinidad and Tobago, then it may be co nsidered as an agency 
involved in implementing that policy. However, 
the NFM is not otherwise intimately involved in 
policy determination and implementation  WT/TPR/M/260/Add.1 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
guaranteed minimum prices?   
According to the NFM website 
(http://www.nfm.co.tt/Home/tabid/90/Default.aspx), while NFM is a Public Limited Liability Company listed on the Trinidad and Tobago Stock Exchange, since its 
listing in 1995, 49 percent of its 
shareholding is owned by the public and 51 percent by the Government of Trinidad 
and Tobago. 
26.  Page 58, paragraph 8:  Is there a website 
where the CARICOM Common 
External Tariff may be viewed?  Is List 
A also available online?    The CARICOM Common External Tariff, 
inclusive of List A, can be obtained from the CARICOM Secretariat in Georgetown, Guyana. 
27.  Page 58, paragraph 8:  In 2011, the 
Government of Trinidad and Tobago 
consulted with domestic  stakeholders and 
with COTED regarding the possibility of 
doubling from 40 percent ad valorem to 80 percent the tariffs on various poultry 
products.  Were these tariffs increased 
and to what level?   Media reports 
indicated as well that tariff increases for 
dairy products and pork were under 
contemplation.  Would the Government 
kindly indicate whether dairy and/or 
pork tariff rates were raised and to 
what level?  Neither poultry nor pork tariffs has been raised. 
28.  Page 58, paragraph 9: With regard to the 
Agriculture Incentive Programme instituted in 2011, would the government of Trinidad and Tobago confirm that, in addition to the items 
listed in paragraph 9, the program also 
provides monetary incentives for:  post harvest and marketing materials and equipment; housing, infrastructure, equipment and genetics for livestock (cattle/buffalo, goats and sheep, pigs, 
poultry and rabbits); agro-processing 
facilities; young farmer start-up costs; fencing and security systems; soil 
amelioration; and waste management?  The AIP is intended to provide support to 
farmers for maximizing their benefits and achieving the Ministry's goal of increasing rural incomes, employment generation, increased 
export earnings and improving the level of food 
and nutrition security for the country.  The programme provides support for post harvest and marketing materials and equipment; housing, infrastructure, equipment and genetics for 
livestock (cattle/buffalo, goats and sheep, pigs, 
poultry and rabbits); agro-processing facilities; young farmer start-up costs; fencing and security systems; soil amelioration; and waste management as indicated in brochure found at: 
http://agriculture.gov.tt/f plma/index.php?q=conte
nt/incentive-programme-9311314130475  
 
29.  With respect to food  security, an objective 
of the Agriculture Incentive Programme 
announced in June 2011, we note that in October 2010 CARICOM Ministers at The Regional Food and Nutrition Security Policy 
(RFNSP) is viewed as a comprehensive and 
integrated framework for actions to achieve the objectives of adequate food availability, access, WT/TPR/M/260/Add.1 
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  THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
COTED approved a Regional Food and 
Nutrition Security Policy, and in October 
2011 they approved a Regional Food and Nutrition Security Action Plan 2012-2026.  Would the government of 
Trinidad and Tobago explain the 
relationship between the Agriculture 
Incentive Programme and the Regional Food and Nutrition Security Policy and Action Plan?  Were any other agriculture- or trade-related programs implemented during the review period 
in Trinidad and Tobago in response to 
the Regional Food and Nutrition 
Security Policy and Action Plan?  utilization and stability throughout the region.    
The RFNSP and Action Plan mandates 
CARICOM countries to formulate and put into 
action national food and nutrition security 
policies and programs within the general 
framework of the regional plan, aimed at improving access by the most vulnerable groups to sufficient, nutritious and safe food. Further, the Action Plan serves as one of the pillars for 
the Community Agriculture Policy.  
The RFNSP is to be used as the foundation for 
the development of National Food and Nutrition 
Security Policies in CARICOM member states.  
Notably, Trinidad and Tobago, as a member of 
CARICOM, must now seek to develop its 
National Food and Nutrition Security Policy.   
Trinidad and Tobago is now in the process of 
acquiring technical assistance through 
CARICOM project for the development of its 
national food and nutrition security policy. 
The Agriculture Incentive Programme (AIP) of 
Trinidad and Tobago is aimed at increasing 
productivity levels, reducing the cost of production for farmers and lowering the cost of food to consumers.  It is the means through which the necessary support for the agriculture 
sector is provided in order to achieve the major 
objective of improved food security, as 
envisioned and articulated in the RFNSP.  
The AIP therefore is designed to provide support 
at the sub-sectoral level with the intention of 
boosting the overall efficiency and productivity of the agricultural sector and increasing food production, particularly at the primary level while seeking also the development of commodities with export potential. 
Coming out of the RFNSP and Action Plan, 
regional programmes (Value Chain 
Management) are being implemented at the 
CARICOM level from which different member 
states are benefiting.   
Trinidad and Tobago has not implemented any 
other major program in response to the RFNSP 
and Action Plan. 
30.  Would the government of Trinidad and 
Tobago please comment on the steps it Trinidad and Tobago remains committed to the 
transparency principles enshrined in the WTO  WT/TPR/M/260/Add.1 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
has taken to ensure that its 
implementation of food security policies 
was carried out in a manner consistent with its WTO obligations, particularly relative to the WTO Agreement on 
Agriculture? Agreement on Agriculture and intends to adhere 
to those guiding principles.    
Under the ambit of CARICOM however, since 
July 2011, the CARICOM Secretariat in 
collaboration with member states has 
progressively involved Civil Society in the 
discussions on food security policies in the region.  In October, the Civil Society signed a declaration expressing their commitment as an active partner for the implementation phase of 
the action Plan for food security.  Further, 
Caribbean organizations representing women, farmers, indigenous peopl es, faith organizations 
and young, signed the declaration. 
Further, an online consultation, running over 2 
months, was set up by the Global Food Security 
and Nutrition Network (FSN Forum), through the support of the FAO.  The purpose of the online consultation was to gather views and inputs of 
key regional civil society organizations and 
refine the strategies and actions proposed to 
address the objectives of the Action Plan. 
31.  Page 60, paragraph 13: Would the 
Government of Trinidad and Tobago 
describe the actions taken under the 
Citrus Certification Programme during the period of May 2010 to December 2011 and provide the cost of the project 
for the same period?  For the period May 2010 to December 2011 
approximately US$117, 905 was expended on the Citrus Certification Programme.  Major actions 
during this period centered on infrastructural work for the laboratory and screen houses and the provision of some disease free planting 
material. 
 WT/TPR/M/260/Add.1 
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  ADDENDUM TO TRINIDAD AND TOBAGO'S RESPONSES TO WTO MEMBERS 
TRADE POLICY REVIEW OF TRINIDAD AND TOBAGO 
QUESTION FROM MEXICO ON GOVERNMENT PROCUREMENT 
"In relation to paragraph 74 of the Secretariat report, please give examples of procurement 
processes in which margins of preference are not granted." 
ANSWER 
Currently there are two (2) examples of public procurement processes in Trinidad and Tobago in 
which Margin of Preferences are not granted: 
(1) Public Auction:- This process is non-preferential and open to both local and foreign bidders. 
It is usually conducted by Statutory Bodies, for example the Water and Sewerage Authority (WASA) 
and the Petroleum Company of Trinidad and Tobago (PETROTRIN).  
(2) Public Tendering:- Within this process, projects are advertised through the local public 
media eg. newspapers as well as through the intranet  and internet. No preference is given in this 
process and both local and foreign bids are accep ted. An evaluation Comm ittee assesses the bids 
ensuring that the required criteria are met. The b est supplier who meets the requirements is selected. 
Selection is done on a non-discrimination basis, wh ereby no distinction is made between local and 
foreign bidders.  
Additionally, margin of preference are not given when concerning matters of quality, health, safety 
and the environment.   WT/TPR/M/260/Add.1 
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 TRINIDAD AND TOBAGO'S RESPONSES TO FOLLOW-UP QUESTIONS MADE BY THE 
EUROPEAN UNION AND THE UNITED STATES  
 
EUROPEAN UNION 
QUESTIONS RESPONSES 
II TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 
(3) FOREIGN INVESTMENT REGIME 
WTO Secretariat's report, pages 14-15  
 Follow-up to Question 3: 
The EU is pleased to note that 
Trinidad and Tobago has 
ratified all the core ILO conventions and two of the priority Conventions.  Could 
Trinidad and Tobago please 
indicate its intentions in 
relation to the ratification of 
the following priority ILO Conventions which it has not yet ratified: Convention 122 on Employment Policy 
and Convention 129 on 
Labour Inspection? The Government of the Republic of Trinidad and Tobago places 
high priority on Decent Work and takes action on the four (4) 
Pillars of the Decent Work Agenda. As part of that approach, issues related to Employment and Labour are addressed on a 
continuous basis. In this regard , Trinidad and Tobago continues 
to work towards ratification of the Conventions named therein. 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) MEASURES DIRECTLY AFFECTING IMPORTS 
(iii) Tariffs 
(b) Tariff bindings and (c) Applied tariff 
WTO Secretariat's report, pages 23-28 
 Follow-up to Question 5: 
Could Trinidad and Tobago 
provide further details on 
whether the applied duty mentioned in the table is the same as the bound duty of 
the CARIFORUM? And 
which duty will be applied if the value of the product is below the applied duty? Is the bound duty considered 
to be the maximum to be 
paid or the applied tariff? 
 
 Under the CARIFORUM-European Community Economic 
Partnership Agreement Trinidad and Tobago as part of 
CARIFORUM undertook certain commitments in terms of tariff 
liberalization. In Appendix 1 of Annex III of the Agreement – 
the Schedule of Tariff Liberalisation of the CARIFORUM 
States , products under HS code 2208 are excluded from 
liberalization. This means that CARIFORUM Member States can 
maintain their current level of duty or amend the duty as needed. 
For many CARIFORUM Member States these duties are specific duties. In the case of Trinidad a nd Tobago the specific rates are 
applied per litre of product. Th e value of the product is not a 
factor in computing the taxable amount. 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) MEASURES DIRECTLY AFFECTING EXPORTS 
(IV) Export tax and duty concessions including free zones 
Free-trade Zones WT/TPR/M/260/Add.1 
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  EUROPEAN UNION 
QUESTIONS RESPONSES 
WTO Secretariat's report, page 40, paragraph 59 
The Secretariat's report describes incentives provide d in Trinidad and Tobago's free-trade zones. 
 ADDITIONAL 
QUESTION: 
Could Trinidad and Tobago 
provide further information 
with respect to the Free-trade zone and in particular 
regarding the incentives 
(including exemption on income tax), import of goods into free-trade zone, business levy, corporate tax, etc? In accordance with the Trinid ad and Tobago Free Zones Act, 
(1988) the TTFZ administers the following incentives (N.B. 
Excerpts taken from the Free Zones Act): 
 Approved enterprises shall not be subject to import 
licensing or, where goods are being shipped other than to 
the customs territory, to export licensing. 
Articles which, (subject to section 18 of the Act), may be 
imported into a free zone free of customs duty include: 
‐ Packaging material, inte rmediate goods, and sub-
assembly goods to be used in manufacturing, processing, 
refining, assembly, purifying, mixing, or otherwise 
transformed by enterprises in the free zone. Goods 
entered by transshipment or repackaging, labelling or 
warehousing. 
Articles which, (subject to section 18 (1) (b)), may be imported 
into a free zone free of customs duty include: 
‐ Building materials including tools, pipes, pumps, 
conveyor belts, electronic and electrical machinery, and goods and machinery incidental to the setting up of an enterprise in the free zone. Other apparatus and materials 
necessary for construction, alteration, extension or 
repairs to premises. 
 Lands and buildings in a free zone, any improvements 
thereto and all machinery and plant thereon, shall be exempt from all land and buildings taxes under the Lands 
and Buildings Taxes Act, and from taxes under the 
Municipal Corporations Act or  such other laws imposing 
rates or taxes on land, buildings, improvements, plant and 
machinery. 
 The Free Zones Company and an approved enterprise 
engaged in exporting services from a free zone to a 
territory, other than the customs territory shall be exempt from income tax, corporation tax, business levy, or any other tax or levy, on sales, receipts, profits or gains in 
respect of those services 
 Profits of a branch, dividends and other distributions 
arising from activities in the free zone, remitted or 
deemed to be remitted by the Free Zones Company or an approved enterprise to a non-resident shall not be subject to withholding tax. 
 Where a person is employed by an approved enterprise, 
he and that enterprise shall be exempt from such 
provisions of the Immigration Act as authorize or require the payment or imposition of fees in relation to the grant  WT/TPR/M/260/Add.1 
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QUESTIONS RESPONSES 
of a work permit to him. 
These incentives are available to approved enterprises under the 
Free Zones Programme provided that they comply with Customs, 
licencing and other reporting obligations set out in the Free 
Zones Act. It should be noted that enterprises which fail to comply with these requirements are subject to Revocation of free 
zone status. 
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QUESTIONS RESPONSES 
(ii) Customs valuation 
 
 Follow-up to Question 7: (Page 22, 
paragraph 8)  
We appreciate the additional 
information provided by Trinidad and 
Tobago in response to our question (#7) on its reference value database.  Can 
Trinidad and Tobago please confirm 
that a difference between the declared value of a shipment and the 
database value will not by itself be a 
reason to reject the declared value?   Yes it can be confirmed "…that a difference between 
the declared value of a shipment and the data base value 
will not by itself be a reason to reject the declared 
value." 
 
(iii) Tariffs 
 Follow-Up to Question 8: (Page 23, paragraph 13)  
In response to question 8 regarding the signifi cant difference between Trinidad and Tobago's 
bound rates and applied rates for some agricultural products, Trinidad and Tobago stated that it is 
looking into the matter.  However, we would appreciate some additional information regarding 
what steps, specifically, Trinidad and Tobago is taking on this issue.   
 It has been six years since the last revision of the CARICOM Common External Tariff (CET) in 
2006.  A report by the World Bank and the Organi zation of American Stat es that was co-produced 
with the governments of the CARIFORUM States dated April 2009 
(http://siteresources.worldbank.org/INTLAC/Im ages/CasribbeanExecSummary.pdfstates ) states:  
"Even today, the CET contains a number of loo pholes and some countries have yet to apply it 
fully. There is wide dispersion in the range of  actual tariffs implemented by CARICOM members 
on imports from nonmembers.  This reflects the large number of exemptions from the CET that 
CARICOM members can use.  Average tariffs range from 7.2 percent in Jamaica to 30.7 percent 
in the Bahamas.  Maximum tariffs are even  more dispersed, ranging from 40 percent to 400 
percent."" Furthermore, a simple search of the CARICOM Secretariat website reveals a number of 
cases of suspensions of the CET made by CARICOM over the years. 
 Would Trinidad and Tobago please 
elaborate on the manner in which it 
is pursuing the matter of your 
applied tariffs exceeding WTO bound rates, especially in light of the fact that six years have passed since the last revision of the CET, of the 
record of CARICOM country 
deviation from the CET, and of the history of CARICOM modifications 
of the CET in other cases? 
 The manner in which Trinidad and Tobago is pursuing 
the relationship between app lied tariffs and bound rates 
involves, inter alia, confirming that bound rates are 
exceeded then determining where the tariff lines fall in the CET. This is followed by the necessary 
consultations and approvals  at the CARICOM level. 
 Trinidad and Tobago indicates that "the 
resolution must be addressed within 
CARICOM."   
What steps has Trinidad and Tobago  
 
Trinidad and Tobago has commenced the process to 
treat with this issue.  WT/TPR/M/260/Add.1 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
taken to address this matter of 
applied rates exceeding bound rates 
in the CARICOM context?   
Have other CARICOM countries 
raised objections to a fellow 
CARICOM member's request to apply a tariff rate in accordance with 
its WTO obligations?     
 
There has not been any in stance where it has been 
necessary for objections to be raised. 
 In light of Trinidad and Tobago's 
WTO obligations, when will the 
government bring its applied rates in 
line with its bound rates? Trinidad and Tobago plans to address the matter in the 
short term. 
 Follow-up to Question 9:   
(Page 24, paragraph (c) 14) 
In response to Question 9 regarding the 
increased tariffs and concerns about 
high food prices, Trinidad and Tobago 
stated that it does not expect that a 
change in the applied tariff will result in higher food prices.  Please explain 
how charging a higher tariff on a 
food product would not lead to a higher price for the consumer?  Supply and demand are key factors in determining 
prices. When one considers the supply factor and the 
options available to government in respect of tariff treatment, it is not anticipated that a higher price will 
arise. 
 Follow-up to Question 10: 
(Page 27, paragraph 16) 
Please explain the steps Trinidad and 
Tobago takes to remain within its 
WTO commitments when it finds that an applied tariff rate exceeds its 
bound rate. The steps required to change a tariff in Trinidad and 
Tobago are of a policy nature followed by legislative 
action. 
(3) MEASURES AFFECTING PRODUCTION AND TRADE 
(iii) Standards and other technical requirements 
 Follow-up to Question 15:  
(Page 44, paragraph 81)  
Please explain how interested parties 
who may not be explicitly solicited by 
the Trinidad and Tobago Bureau of Standards (TTBS) for input can learn about and be involved in the standards development process? Parties which cannot be accommodated on the 
Specification Committee have an opportunity to 
influence the final draft standard during the second 
stage of the consensus building process (i.e. during the 
'Public Comment Stage'). This input is facilitated by the 
following mechanisms: 
1. Advertisements are placed in each of the three 
daily newspapers and comments invited from 
interested parties; the ads include the scope, base documents, contact information and the means of accessing the draft standard. These comments are considered by the Specification 
Committee following the public comment 
period and appropriate modifications WT/TPR/M/260/Add.1 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
incorporated, where necessary. 
2. The draft standard is sent to key stakeholder 
organizations or persons  who to our knowledge 
would have an interest in the particular 
standard. 
3. Public consultations (advertised in the daily 
newspapers) are held for key standards that 
meet certain criteria. 
(iv) Intellectual property rights 
 Follow-up to Question 20:  
(Page 50, paragraph 119)  
The United States appreciates the 
response regarding criminal and civil 
copyright litigation in Trinidad and Tobago.  Our question (# 20) was 
directed at learning more about the 
status of a particular civil case (COTT v Columbus Communications Case), where the High Court of Justice rejected the argument that the company was not required to obtain a public 
performance license from the collecting 
society (COTT).  Please provide 
additional information on the timing 
and procedures involving appellate 
review of this case.      A Notice of Appeal was filed by Columbus 
Communications on July 26, 2011 to have the whole 
decision/judgment of the Trial Judge as contained in the 
Judgment set aside and COTT's claims dismissed.  
Flow filed a Record of Appeal on January 31, 2012. The Parties are awaiting further directions from the 
Appeal Court.  
 We also thank Trinidad and Tobago for 
the additional detail provided regarding 
its legislative framework for the protection of IPRs.  In its explanation regarding patents, Trinidad and Tobago explains that patents are granted for 20 
years with no possibility of extension.  
Can Trinidad and Tobago please 
confirm if this time period of 20 years is measured starting with the filing date of the patent? If not, please explain. Section 29 of the Patents Act Chap. 82:76 indicates that 
a patent can remain in force for up to 20 years from the 
date of filing. With respect to local applications and those arising under the Paris Convention, the date of filing is the actual date accorded by the IPO upon fulfilment of the conditions under Section 19. If the 
application entered the nati onal phase under the Patent 
Cooperation Treaty (PCT), then the effective filing date is recognised as the International Filing Date of the PCT application according to Section 2 of the Patents (Validation of International Applications filed under the 
Patent Co-operation Treaty) (No. 2) Act, 1999. 
 Follow-up to Question 19:  
(Page 50, paragraph 115)  
We thank Trinidad and Tobago for the 
response given to Question 19 of the 
U.S. Submission on IPR. As a follow-up to Question 19, can Trinidad and 
Tobago confirm that a ground for 
refusing protection and/or 
registration of a geographical Actually, it may be the other way around as outlined in 
Sections 17 and 18 of the Geographical Indications Act, 
1996 which respectively provide prohibitions against the registration of misleading trade marks and marks 
conflicting with geographical indications for wines and 
spirits and section 19 provides exceptions relative to prior users. The Controller shall, on his own motion or at the request of an interested party, refuse or invalidate the registration of a trademark which contains or  WT/TPR/M/260/Add.1 
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 THE UNITED STATES OF AMERICA 
QUESTIONS RESPONSES 
indication is that the GI is likely to 
cause confusion with a prior 
established trademark?  consists of a geographical indication with respect to 
goods not originating in the territory indicated, if use of the indication in the trademark for such goods in Trinidad and Tobago is of such a nature as to mislead the public as to the true place of origin. 
 
 
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