WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO WT/TPR/M/190/Add.1 
17 December 2007 
 (07-5611) 
Trade Policy Review Body 
5 and 7 November 2007 Original:  English/ 
 anglais/  inglés 
  
TRADE POLICY REVIEW 
OECS-WTO MEMBERS 
Minutes of Meeting
 
Addendum  
Chairperson:  H.E. Mr. Vesa Himanen (Finland) 
 This document contains the advance written questions, and replies provided by the OECS-
WTO Members.1 
__________________________________________________________________________________  
Organe d'examen des politiques commerciales 
5 et 7 novembre 2007 
 
EXAMEN DES POLITIQUES COMMERCIALES 
ÉTATS DE L'OECO MEMBRES DE L'OMC 
Compte rendu de la réunion
 
Addendum  
Présidente:  S.E. M. Vesa Himanen (Finland) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses 
fournies par les États de l'OECO Membres de l'OMC.1 
__________________________________________________________________________________  
Órgano de Examen de las Políticas Comerciales 
5 y 7 de noviembre de 2007 
 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
MIEMBROS DE LA OMC INTEGRANTES DE LA OECO 
Acta de la reunión
 
Addendum  
Presidente:  Excmo. Sr. Vesa Himanen (Finlandia) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por los Miem bros de la OMC integrantes de la OECO.1 
                                                      
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/190/Add.1 
 Page 3 
 
 
ADVANCE WRITTEN QUESTIONS BY MEMBERS 
 
UNITED STATES  Overview Report by the Secretariat 
WT/TPR/S/190  
Page vi, paragraph 13:  The Secretariat’s Report concludes that  “The administration of trade policy within and among OECS-WTO Members is subject to significant 
human resource limitations, contributing to a slow pace of implementation of multilateral commitments 
and, in general, to reform among OECS-WTO Member s.  Thus the importance of the higher degree of 
regional cooperation in the formulation of trade policy among the OECS-WTO Members that has been 
achieved during the period under review.  Further deep ening this coordination and establishing regional 
institutions to deal with trade policy issues woul d bring additional gains, including an enhanced 
participation in the multilateral trading system.” 
The United States recognizes that each of your coun tries has limited human resources.  Each of your 
countries seems to have adopted a government-led approach to economic activity.  However, this 
approach leaves little room for the private sector to  do what it does best – respond to supply and 
demand. 
It also appears that each OECS country is party to many common trade and investment policy schemes, 
agreements, and preferential arrangements, but each  country applies these in its own way.  We 
understand the difficulties facing each of your countries’  trade officials both to keep track of all the 
rules, regulations and policy plans and, at the same  time, conscientiously implement them.  For these 
reasons, we agree that deepening regional cooperati on and establishing regional institutions could help 
each OECS country cope with the dynamics of globa l competition and adhere to its WTO obligations 
that should form the basis for your national and regional trade policy undertakings. 
• How do you, the OECS-WTO Members, envision joining forces to rationalize your trade 
policymaking tools? 
• Please describe activities, if any, at the OECS level to coordinate co pyright legislation or 
enforcement among OECS Member States. 
WTO TRADE POLICY REVIEW OF ANTIGUA AND BARBUDA 
WT//TPR/G/190/ATG 
 
Paragraph 37, page 11 of the G overnment Report states that Anti gua and Barbuda regulates import 
licenses for five agricultural products on a seasonal basis.  
• What are the five agricultural products subject to this regulation? 
• Why are the five products subject to this regulation? 
• What does Antigua and Barbuda mean by regulating on a seasonal basis?  For example, upon 
what criteria does your government  base its seasonal regulations? 
• What practical effect do these licenses have on imports of these five products?  Please provide 
the volume and value of imports of these five products during the past five years.  
• Are imports of these products required to under go inspections?  If so, how are the inspections 
conducted?  
• How long does the licensing process take?  
• Which country is Antigua and Barbuda’s larg est supplier of each of these five products? WT/TPR/M/190/Add.1 
Page 4  
 
WT/TPR/S/190/ATG 
 
I. ECONOMIC
 ENVIRONMENT 
(3) Monetary and Exchange Rate Policy 
 Paragraph 19, page 5:  The Secretariat states:  “Inflation has been low, with the Consumer Price Index 
increasing in the 0.5-2.5% range, despite th e impact of global oil price increases.” 
What tools has Antigua and Barbuda used to maintain low inflation in the face of rising oil prices?  If 
inflation is low because Antigua and Barbuda ha s opened its markets to global competition, we 
commend the government.  Price controls, on the othe r hand, mask inflationary pressures and, as the 
United States has learned, are unsustainable.  Theref ore, if price controls are Antigua and Barbuda’s 
tool of choice, we would urge the government to eliminate them.  
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) Measures Directly Affecting Imports 
(iv) Tariffs, other duties and taxes 
(a) MFN applied tariff structure  
 
Paragraph 66, Page 14:  The Secretariat’s report notes  that “A customs service tax (CST) of up to 10% 
is applied on all imports, including those from other CARICOM countries.” GATT Article VIII, Fees 
and Formalities with Importation and Exportation states, inter alia , that: 
 “All fees and charges of whatever character (other than import and export duties and other 
than taxes within the purview of Article III) imposed by contracting parties on or in connection with 
importation or exportation shall be  limited in amount to the approximate cost of services rendered and 
shall not represent an indirect protection to domestic pr oducts or a taxation of imports or exports for 
fiscal purposes.” 
How does the government apply its customs service charge  so as to be limited to the approximate cost 
of services rendered, as required by GATT Article V III?  Does the government intend any changes in 
the charge so as to ensure that it is limited to the approximate cost of services rendered? 
 
(ix) Sanitary and phytosanitary measures 
 
In paragraph 102, of page 23, the Secretariat re port identifies the Ministry of Agriculture, Lands, 
Marine Resources and Agro-Industries as Antigua and Barbuda’s enquiry point. 
• By what means does the government’s Enquiry Point or National Notification Authority work 
together with your regulatory agencies to ensu re that SPS measures are notified to the WTO? 
Paragraph 103, page 23 of the Secretariat’s report states that, “Antigua and Barbuda has entered into 
bilateral agreements on SPS matters with St. Vin cent and the Grenadines, Guyana, St. Lucia, and 
Trinidad and Tobago, as well as the territory of Montserrat.” 
• What do these agreements cover?  What is their le gal status?  What is their relationship to the 
WTO Agreement on Sanitary and Phytosanitary Measures? 
Paragraph 104, on page 23 of the Secretariat repor t highlights that Antigua and Barbuda has different 
venues to alert trading partners of  changes in national SPS measures. 
 
• Please identify the venues used to inform trading partners.  Do they include WTO notification 
by your Enquiry point as provided for in the SPS agreement?  WT/TPR/M/190/Add.1 
 Page 5 
 
 
• Please identify the “counterpart ag encies” to which Antigua and Ba rbuda refers with regard to 
notification.  Where are such agencies located? 
• Should one of these agencies propose a new regulati on, what are the procedures that allow for 
private industry review and public sector approval prior to adoption into law? 
• Does your country publish one official listing of all draft regulations that are available for 
public comment before such draft regulations are adopted?  Does each relevant regulatory 
agency publish its own listing of draft regulations? 
• Is there a time period allowed for private indus try review and public sector comment prior to 
implementation? 
Paragraph 105, page 23:  The Secretariat Report stat es that imports of plants “must conform with the 
Plant Protection Act (PPA) of 1941.”  The report al so states that “in 2005, Antigua and Barbuda 
notified a (Draft) Plant Protection Act to the Committ ee on Sanitary and Phytosanitary Measures.  This 
act is not yet in force, and the prevailing legi slation is still the Plant Protection Act, 1941.” 
• How did Antigua and Barbuda reflect WTO Member s’ comments in the notification of the new 
PPA draft? 
• Does Antigua and Barbuda plan to adopt the 2005 draft PPA?  If so, please provide a timeline 
and description of the transition process by whic h plant regulations under the PPA of 1941 will 
be replaced by the implementation of the 2005 draft? 
• How will trading partners be in formed of its implementation? 
(2) Measures Directly Affecting Exports 
(ii) Export subsides, financing, support and promotion 
 Paragraph 124, Page 27:  The Secretariat’s report st ates, “Exporters may also receive export promotion 
support from the OECS Export Development Unit.”  What is the OECS Export Development Fund and 
how does it operate? 
(3) Measures Affecting Production and Trade 
(ii) Incentives and assistance 
 
Paragraph 132, Page 28:  According to the Secret ariat’s report, “The Aid to Pioneer Industries Act 
(Cap 14) provides customs duty and income tax relief for pioneer industries.  These industries qualify for a tax holiday on corporate taxes of up to five  years from the date production begins, and losses can 
be carried forward for up to three year s after the tax holiday period ends.” 
 
Please identify which sectors or industries qualify as “pioneer industries?”  How does the government 
define “pioneer industries”?  What criteria does Antigua and Barbuda use to make its qualification 
determinations?  
(v) Intellectual property rights 
 
What steps is your government taking to ensure that the copyright terms of protection provided for 
under the Copyright Act are in line with the TRIPS Agreement?  Paragraph 157, page 32:  Please describe the role, f unctions, jurisdiction and work of the “Copyright 
Tribunal”. 
 Paragraph 158, page 32:  The Secretariat’s re port states that Antigua and Barbuda provides for 
protection of geographical indications through a regist ration system.  What are the grounds for refusing 
a geographical indication registration?  How will trad emarks be protected from confusingly similar and 
later in time geographical indications? WT/TPR/M/190/Add.1 
Page 6  
 
Paragraph 160, page 33:  The Secretariat notes that  Antigua does not protect undisclosed information, 
or new plant varieties.  What is the status of effo rts to provide legislation that protects each of these 
forms of IP?  Paragraph 163, pg. 33:  Are there any plans to secure ex officio  authority for customs officers?  What 
training initiatives are underway? 
 
WTO TRADE POLICY REVIEW OF DOMINICA 
 
WT/TPR/S/190/DMA 
 
III. Trade Policies and Practices by Measure 
(1) Measures Directly Affecting Imports (iv) Tariffs, other duties and taxes (a) MFN applied tariff structure 
 
Paragraph 71, Page 16:  The Secretariat’s report notes that “A customs service charge (CSC) previously 
set at 2% rose to 3% in 2003.  It is applied on  the c.i.f. value of all imports (section (v)).”  GATT 
Article VIII, Fees and Formalities with  Importation and Exportation states, inter alia , that: 
 
 “All fees and charges of whatever character (other than import and export duties and other 
than taxes within the purview of Article III) imposed by contracting parties on or in connection with 
importation or exportation shall be  limited in amount to the approximate cost of services rendered and 
shall not represent an indirect protection to domestic pr oducts or a taxation of imports or exports for 
fiscal purposes.”  
How does the government apply its customs service charge  so as to be limited to the approximate cost 
of services rendered, as required by GATT Article V III?  Does the government intend any changes in 
the charge so as to ensure that it is limited to the approximate cost of services rendered? 
 
(ix) Sanitary and phytosanitary measures 
 Paragraph 110, page 26 of the Secretariat Report indicates that Dominica has made no notifications 
under the SPS agreement.  Later, in paragraph 114, th e report states that trading partners are informed 
of new or modified SPS regulations bila terally and on a peer-to-peer basis. 
 
• When will Dominica establish an SPS enquiry point? 
• When will Dominica notify new measures as the WTO requires? 
• How does Dominica keep track of all existing and new measures?  How does it ensure their 
enforcement? 
• Which government agencies have the authority to  implement new measures, and is there a time 
period allowed for private industry review and public sector comment prior to implementation? 
 In paragraph 112, page 26, the Secretariat Report states that the Pesticides Control Act No. 15 of 1974 
provides for controls on the sale, storage and use of imported pesticides.  
• Which regulatory agency sets and is responsible  for the enforcement of these requirements?  
• Are there domestic producers of pesticides?  If so, are domestically-produced insecticides 
subject to the same controls on the sale, storage and use of imported pesticides? 
     WT/TPR/M/190/Add.1 
 Page 7 
 
 
(2) Measures Directly Affecting Exports 
(ii) Export subsidies, financing, support and promotion 
 
Paragraph 128, Page 28:  What kind of financial support does the Ma rket Support Service Department 
provide to exporters? 
 
(3) Measures Affecting Production and Trade 
(v) Intellectual property rights 
 
Paragraph 171, page 35 of WT/TPR/S/190/DMA:  What is  the status of the IP Acts that were to have 
been  approved and gazetted by the end of the 3rd quarter of 2007? 
 Paragraphs 171 and 173 on pages 35 and 36 of WT/TPR/S/190/DMA:  Are the Companies and 
Intellectual Property Office and the Registry of  Patents, Designs, and Trademarks currently 
operational? 
 
In Paragraph 171, page 39 of WT/TPR/S/190/DMA, it is noted that Dominica notified its legislation 
regarding geographical indications a nd trademarks and expected the im plementing regulations to be in 
effect by the end of third quarter 2007. What is  the status of this legislation and implementing 
regulations? 
 
(b) Patents and industrial designs 
Does the government of Dominica require the submission of undisclosed test data in order to receive 
marketing approval for a pharmaceutical product in Do minica?  If so, what are the provisions for the 
protection of this test data from disclosure and from unfair commercial use by third parties? 
 
(e) Copyright 
 
What steps is your government taking to ensure that the copyright terms of protection provided for 
under the Copyright Act are in line with the TRIPS Agreement?  
(f) Enforcement 
 Paragraph 185, pg. 38:  It appears that Dominica provides protection at the border for copyrights but 
not trademarks.  Is there legislation aimed at providing protection at the border for trademarks as well?  
WTO TRADE POLICY REVIEW OF GRENADA 
 
WT/TPR/S/190/GRD 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) Measures Directly Affecting Imports (ix) Sanitary and phytosanitary measures 
 
In paragraph 105, page 22, the Secretariat Report stat es that Grenada has not made any notifications to 
the WTO SPS Committee. 
• When will Grenada establish an enquiry point and notify it to the WTO? 
• When will Grenada establish WTO notification procedures so that WTO Members are made 
aware of new measures? 
• Which government agencies have the authority to  implement new measures, and is there a time 
period allowed for private industry review and pub lic sector comment prior to implementation?   
 WT/TPR/M/190/Add.1 
Page 8  
 
(3) Measures Affecting Production and Trade 
(v) Intellectual property rights 
 
Paragraphs 172 and 175, pages 36 and 37, the Secret ariat notes that Grenada does not have in place an 
effective patent examination or evaluation pr ocess, does not provide fo r the patentability of 
pharmaceutical or agro-chemical products, does not protect undisclosed information, and does not 
protect layout designs of integrated circuits, nor plant varieties.  What is the status of efforts to enact legislation th at protects each of these forms of IP?  What plans are 
currently in place regarding the proposed Intellectual Property Office?  Do any of the proposed IP bills 
cover penalties, such as judicial aut hority to destroy infringing goods? 
 
(c) Copyright and related rights 
 
What steps is your government taking to ensure that the Copyright Act is in line with certain provisions 
of the TRIPS Agreement, such as Article 10,  Article 12, and with Articles 14(1)-(5)? 
 
(e) Enforcement of intellectual property rights 
 
Paragraph 179, pg. 37: Is there le gislation addressing counterfeiting? 
 
WTO TRADE POLICY REVIEW OF ST. KITTS AND NEVIS 
 
WT/TPR/S/190/KNA 
 III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) Measures Directly Affecting Imports 
(iv) Tariffs, other duties and taxes (a) MFN applied tariff structure 
 
Paragraph 65, Page 13:  The Secretariat’s report notes that “A customs service charge (CSC) of 6% is 
applied on all imports, (including from other OECS  and CARICOM countries), up from 5% at the time 
of the previous Review.  The charge is applied on the c.i.f. value of the cu stoms declaration.”  GATT 
Article VIII, Fees and Formalities with  Importation and Exportation states, inter alia , that: 
 
 “All fees and charges of whatever character (other than import and export duties and other than taxes within the purview of Article III) imposed by contracting parties on or in connection with 
importation or exportation shall be  limited in amount to the approximate cost of services rendered and 
shall not represent an indirect protection to domestic pr oducts or a taxation of imports or exports for 
fiscal purposes.”  
How does the government apply its customs service charge  so as to be limited to the approximate cost 
of services rendered, as required by GATT Article V III?  Does the government intend any changes in 
the charge so as to ensure that it is limited to the approximate cost of services rendered? 
 
(v) Other levies and charges 
 
Paragraph 73, Page 16:  The Secretariat’s report notes  that “For imports, the consumption tax is levied 
upon importation and collected at the point of entry;  it is calculated on the c.i.f. value plus import 
duties.  For domestically produced goods the consum ption tax is calculated on the ex-factory price.”  
What steps is St. Kitts and Nevis taking to ensu re that all imports are accorded national, non-
discriminatory treatment?  Does St. Kitts and Nevis intend any changes to how the consumption tax is 
levied on imports to ensure that it is applied on th e same basis as it is on domestically produced goods? 
  WT/TPR/M/190/Add.1 
 Page 9 
 
 
(ix) Sanitary and phytosanitary measures 
 
Paragraph 94 on page 19 of the Secretariat Report states that St. Kitts and Nevis has a number of 
sanitary and phytosanitary measures in force.  
• What steps is St. Kitts and Nevis ta king to establish an SPS enquiry point? 
• How is St. Kitts and Nevis currently evaluati ng new draft measures prior to implementation? 
 Paragraph 97 on page 20:  According to the Secretar iat Report, your authorities indicate that there are 
no plans to change the procedures for adopting or publicizing SPS measures. 
• Which government agency was responsible for ma intaining the inventory of measures in force 
prior to 2001 [as mentioned in Pa ragraph 94]?  Is the intention th at this authority will continue 
to attempt to collect measures in place since that year?  
• How does the government handle complaints and ot her trade issues with its trading partners 
who are not members of the OECS or Caricom? 
• Which ministries are involved in food safety regulation and standards?  What role do they play 
in creating legislation, monitoring, and enforcement? 
(3) Measures Affecting Production and Trade 
(ii) Incentives and assistance 
Paragraph 121, Page 23:  What steps will the I nvestment Promotion Agency take to “actively 
encourage foreign and domestic enterprise creation?” 
 
(v) Intellectual property rights 
 
Paragraph 136, page 26, WT/TPR/S/190/KNA:  What is  the status of the internal consultations on 
protection of undisclosed information? 
 Paragraph 136, page 26 of WT/TPR/S/190/KNA:  The Secretariat reports that the Parliament of 
St. Kitts and Nevis approved legislation in Marc h 2007 regarding the protection of Geographical 
Indications.  Please explain whether the legislation provides for the refusal of a geographical indication 
in cases of an earlier protected and confusingly similar trademark?  (c) Copyright 
What steps is your government taking to ensure that the copyright terms of protection provided for 
under the Copyright Act are in line with the TRIPS Agreement?  Please describe the provisions of the Copyright Act that relate to Articles 14(1)-(5) of the TRIPS 
Agreement. 
 
(d) Enforcement of intellectual property rights 
 
Paragraph 144, page 27:  It appears that St. K itts and Nevis has not yet submitted the WTO Checklist 
on Enforcement.  Does it intend to do so?  If so, when?  
Para. 145, pg. 27:  Is customs authorized under the 2002 trademark legislation to seize goods ex officio , 
or is the right holder required to file an application?  Para. 147, pg. 27:  Is customs authorized under the Copyright Act to seize goods ex officio , or is the 
right holder required to file an application? WT/TPR/M/190/Add.1 
Page 10  
 
WTO TRADE POLICY REVIEW OF ST. LUCIA 
 WT/TPR/S/190/LCA  III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) Measures Directly Affecting Imports 
(iv) Tariffs, other duties and taxes 
 
Paragraph 65, Page 15:  The Secretariat’s report not es that “St. Lucia applies a customs service charge 
(CSC) of 5% on the c.i.f. value of most imports, with specific exemptions (section (v)).” GATT Article 
VIII, Fees and Formalities with Importation and Exportation states, inter alia , that: 
 
 “All fees and charges of whatever character (other than import and export duties and other than taxes within the purview of Article III) imposed by contracting parties on or in connection with 
importation or exportation shall be  limited in amount to the approximate cost of services rendered and 
shall not represent an indirect protection to domestic pr oducts or a taxation of imports or exports for 
fiscal purposes.”  
How does the government apply its customs service charge  so as to be limited to the approximate cost 
of services rendered, as required by GATT Article V III?  Does the government intend any changes in 
the charge so as to ensure that it is limited to the approximate cost of services rendered? 
 
(ix) Sanitary and phytosanitary measures 
 
In paragraph 96, on page 24, the Secretariat states  
“St. Lucia has made no notifications to the SPS Committee (mid 2007).  The enquiry point on SPS 
matters is the Ministry of Agriculture, Fisheries,  and Forestry.  St. Lucia is still operating under the 
statutes that predate the SPS Agreement, but the aut horities indicate that there have been efforts to 
develop new laws that are compliant with the SPS Agreement.  These laws have not yet been 
introduced in Parliament.” 
• What is St. Lucia’s timetable for introducing these new laws in Parliament? 
• Will St. Lucia rely on the provisions of the WTO SPS Agreement in drafting its new laws? 
• In the course of drafting such laws, has St. Lu cia sought input from private stakeholders and 
the general public?  What is the process for ensu ring that their views have been incorporated 
prior to enactment of the laws? 
 Paragraph 101 on page 25 of the Secr etariat Report explains as follows: 
 “St. Lucia does not maintain inventories of SPS m easures in force; the authorities were unable to 
indicate how many measures had been introduced since 2001.  St. Lucia has not entered into any 
agreements concerning SPS measures e.g. on eq uivalence of SPS measures, food inspection or 
certification systems.”  
• Will St. Lucia publish one official list of all dr aft regulations or will each relevant agency 
publish its own listing of draft regulations? 
• What are St. Lucia’s plans for entering into  any agreements concerning SPS measures? 
  WT/TPR/M/190/Add.1 
 Page 11 
 
 
(3) Measures Affecting Production and Trade 
(v) Intellectual property rights 
 
Paragraph 141, page 34 of WT/TPR/S/190/LCA notes that 
 
“Domestic legislation has been updated on copyright, trade marks, geographical indications, industrial 
designs, undisclosed information, and layout designs.  Legislation in other areas, such as patents, trade 
marks and plants varieties was passed in 2001, but is not yet in force (early 2007).” 
 
• What is the timeframe for implementation of the new legislation? 
 What steps is your government taking to ensure that the copyright terms of protection provided for 
under the Copyright Act (No. 10 of 1995) are in line with the TRIPS Agreement, including Articles 12 
and 14(5)? 
 Paragraph 148, page 36 of WT/TPR /S/190/LCA refers to the Geographical Indications Act No. 4 of 
2000.  The paragraph notes that the Registrar will not register a trademark that conflicts with a 
geographical indication.  Is the same also true fo r a geographical indication that conflicts with an 
already registered and/or protected trademark?  Pl ease confirm that trademarks will be protected from 
confusingly similar and later in  time geographical indications. 
 Paragraph 154, pg. 37:  In additio n to injunctions, what other reme dies are available in trademark 
cases?  Is seizure and destruction of th e goods, material and equipment available? 
 WTO TRADE POLICY REVIEW OF ST. VINCENT AND THE GRENADINES 
 
WT/TPR/S/190/VCT 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE (1) Measures Directly Affecting Imports 
(v) Other Levies and Charges  
Paragraph 75, Page 16:  The Secretariat’s report no tes that “St. Vincent a nd the Grenadines applies a 
customs service charge of 4% on the c.i.f. value of imports, in addition to tariffs.”  GATT Article VIII, Fees and Formalities with Impor tation and Exportation states, inter alia , that: 
  “All fees and charges of whatever character (other than import and export duties and other than taxes within the purview of Article III) imposed by contracting parties on or in connection with 
importation or exportation shall be  limited in amount to the approximate cost of services rendered and 
shall not represent an indirect protection to domestic pr oducts or a taxation of imports or exports for 
fiscal purposes.” 
 How does the government apply its customs service charge  so as to be limited to the approximate cost 
of services rendered, as required by GATT Article V III?  Does the government intend any changes in 
the charge so as to ensure that it is limited to the approximate cost of services rendered? 
 (vi) Import prohibitions, restrictions, and licensing 
 
Paragraph 81, Page 19:  The S ecretariat’s report states that: 
“Import and Export (Control) Regulations No. 10 of  1992 (as amended by Act No. 18 of 1995 and Act 
No. 38 of 1998), prohibits the import of certain goods  without a licence.  The importation of jet skis 
and water bikes is prohibited.  Imports of arms, ammunition, camouflage clothing, and toy guns are WT/TPR/M/190/Add.1 
Page 12  
 
allowed only with the permission of the Commissi oner of Police.  Imports of ozone-depleting 
substances and chemical weapons are also restricted .  Customs Control and Management Act No. 14 of 
1999, Third Schedule, makes provision for prohibition s and restrictions coveri ng goods such as swords, 
chain saws and tear gas.”  
Why does the government prohibit the import of jet skis and water bikes without a license?  These 
products seem to bear no relationship to security, weaponry, or the military.  
(ix) Sanitary and phytosanitary measures 
 Paragraph 97, page 22:  The Secretariat Report st ates that the Plant Protection Act (PPA) No. 15 of 
2005, the main legislation on phytosanitary issues, s upersedes that of 1998 and has been notified to the 
WTO.  
• Has St. Vincent and the Grenadines implemented PPA No. 15?  If so, when? 
• Under the PPA No. 15, how does the Enquiry Point or National Notification Authority 
collaborate with your regulatory agencies to en sure that SPS measures are notified to the 
WTO? 
 Paragraph 99 on page 22:  The Secretariat Report st ates that the Ministry of Agriculture has drafted a 
bill to be read in parliament in 2007 on issu es regarding Agriculture Health and Food Safety. 
 
• When is the bill scheduled to be read in parlia ment? What are the next steps in the legislative 
process? 
• Will the new bill regulate imports as well as domestic food products? 
• When and how will St. Vincent and the Grenad ines notify the WTO of the new draft law? 
 
(3) Measures Affecting Production and Trade 
(v) Intellectual property rights 
 
Paragraph 145, page 30:  The Secretariat Report states: 
 
“St. Vincent and the Grenadines h as not notified contact point(s) for intellectual property rights.  No 
existing legislation with respect to the protection of  intellectual property rights has been notified to the 
WTO.” 
When does your government plan to identify points of contact for intellectual property?  What are your 
government’s notification plans? 
(b) Patents and (c) Industrial Designs 
Paragraphs 154 and 155, page 32, WT/TPR/S/190/VCT:  What is the status of the Patents Act of 2004 
and the Industrial Designs Act of 2005?  (d) Copyright 
 
Paragraph 156 of document WT/TPR/S/ 190/VCT:  What steps is your gove rnment taking to ensure that 
the Copyright Act is in line with  the TRIPS Agreement, including Article 12 and Articles 14(1)-(5)? 
  WT/TPR/M/190/Add.1 
 Page 13 
 
 
(e) Other intellectual property rights 
 
Paragraph 158, page 33:  The Secretariat Report notes that St. Vincent does not protect undisclosed 
information, or new plant varieties.  What is the status of efforts to provide legislation that protects each of these forms of intellectual property? 
 
(f) Enforcement 
 
Paragraph 159, page 33:  The Secretariat advises that “St. Vincent and the Grenadines has not 
submitted the WTO checklist of issues on enforcement. ”  When does your government plan to make its 
submission?  Paragraph 161, page 33 – What is meant by "loca lly registered trade mark"?  Is enforcement only 
available to marks owned by citizens of St. Vincent and the Grenadines? 
 JAPAN 
 
Secretariat Report (WT/TPR/S/190) 
 
(Question 1) 
 The Secretariat Report of OECS (page 23, paragraph 96) 
The Secretariat Report of Antigua and Barbuda (page 14, paragraph 66)  
According to the Secretariat report, all OECS Members apply additional charges on most or all 
imports. Among them, the customs services tax in Antigua  and Barbuda is a rate of 10% (ad valorem), 
which is higher than those of other CARICOM memb ers. Japan is wondering whether such tax is in 
compliance with the ‘approximate cost of services rendered’ in Article VIII 1(a) of the GATT. 
 
Could Antigua and Barbuda respond to the Japanese concern?  (Question 2)  The Secretariat Report of OECS (page 24, paragraph 103-105) 
The Secretariat Report of Grenada (page 18, paragraph 73)  According to the Secretariat report, Grenada e ngaged in tariff renego tiations under GATT Article 
XXVIII in 2002-2003 because implementation of Phase IV of the CET resulted in applied tariffs 
exceeding bound rates for certain agricultural produc ts.  Even after these negotiations, the applied 
tariffs on 15 agricultural items are higher than the bound rates. 
 Japan would like Grenada to explain its pros pect in order to improve such situation. 
 
CANADA 
 
Report by the OECS-WTO Members (WT/TPR/G/190)  
No questions. 
 WT/TPR/M/190/Add.1 
Page 14  
 
Report by Antigua and Barbuda (WT/TPR/G/190/ATG) 
 Section 2. Sectoral Development;  Servi ces;  Tourism;  page 13, paragraph 51: 
 
According to the report, the Government is cons tructing the Antigua and Barbuda Tourism Master 
Plan. 
 Q1. What are the objectives, key elements, and timelines of this Plan? 
 
Report by Dominica (WT/TPR/G/190/DMA) 
 
V. Sectoral Developments and Programme s;  (b) Tourism; page 8, paragraph  19: 
 
The report notes the completion of a Tourism Master Plan based on a Tourism 2010 Policy document.  
Q2. What is the time frame of this Master Plan? 
 
Report by Grenada (WT/TPR/G/190/GRD)  VI. World Trade Organization;  (a) Implementati on of the Uruguay Round Agreements; page 14, 
paragraph 48: 
 Canada notes that according to Grenada’s Trade Polic y Review, “the Ministry of Legal Affairs, with 
the assistance of WIPO, is working towards implementing WTO TRIPs compliant legislation.  The Ministry has set the target date of 31 December 2007 for the enactment of new legislation”.  
Q3. Canada would be grateful if Grenada could provi de:  (a) an update on the status of implementation 
and enactment of the new legislation;  and (b) de tails on the new legislation in respect of TRIPS 
obligations.  
Report by St. Kitts and Nevis (WT/TPR/G/190/KNA) 
 
No questions. 
 
Report by St. Lucia (WT/TPR/G/190/LCA)  
No questions. 
 Report by St. Vincent and the Grenadines (WT/TPR/G/190/VCT)  
No questions. 
 
Overview Report by the Secretariat:  OECS-WTO MEMBERS (WT/TPR/S/190) 
 
I. Economic Environment;  (3) Monetary and Exchange Rate Policy;  page 4, paragraph 17:  
Paragraph 17 notes that the Eastern Caribbean Cent ral Bank (ECCB) operates a regional market for 
government securities of the Eastern Caribbean Cu rrency Union (ECCU) member states, which is 
regulated by the Eastern Caribbean Securities Regulatory Commission (ECSRC). 
 Q4. Could the OECS clarify what additional regulatory responsibilities the ECSRC has, if any, beyond regulating the Regional Governments Securities Market (RGSM)?   WT/TPR/M/190/Add.1 
 Page 15 
 
 
III. Trade Policies and Practices by Measure;  (1) Measures directly affecting imports;  
(iv) Tariffs, other duties and taxes;  (b) Bound MFN tariffs;  page 24, paragraph 105:  
The WTO requires members to bind their other duties and charges applicable to imports, contributing 
to greater transparency for other members.  Accord ing to the Secretariat’s report, only St. Kitts and 
Nevis has bound its other duties and charges (ODC) rates in the WTO. 
 Q5. Are any OECS countries other than St. Kitts and Nevis planning to bind them in the WTO in the 
future? 
 
IV. Trade Policies by Sector;  (3) Services;  (vi) Tourism;  page 48, paragraph 244: 
 
Canada notes that the Secretariat reports that Touris m policy is conducted at the country level.  Canada 
also notes that in the Report by Antigua and Barbuda (WT/TPR/G/190/ATG, Section 2.  Sectoral Development; Services;  Tourism; page 13, paragraph 51) and in the Report by Dominica 
(WT/TPR/G/190/DMA, V. Sectoral Developments  and Programmes; (b) Tourism; page 8, 
paragraph 19) both Antigua and Barbuda and Dominica are developing a Tourism Master Plan. 
 Q6. In the context of regional harmonization of OE CS country policies, Canada would like to know 
whether (and if so, the extent to which) these plans are coordinated and whether they form part of a 
regional tourism strategy. 
 
IV. Trade Policies by Sector;  (3) Services;  (vii) Professional services;  page 48, paragraph 250: 
 
Paragraph 250 notes that a Draft Model Professionals Bill has been developed at the CARICOM level, 
with the objective of harmonizing legislation acro ss CARICOM countries for professionals.  The report 
notes discussions with the medical profession.  
 Q7. Could the OECS Members indicate which othe r professions will be included in the bill? 
 Q8. What is the status of discussions with other professions and what are the timelines for 
implementation of the legislation? 
 
Report by the Secretariat:  Anti gua and Barbuda (WT/TPR/S/190/ATG) 
 III. Trade Policies and Practices by Measure;  (1) Measures Directly Affecting Imports;  
(iv) Tariffs and other charges on imports; (a) MFN applied tariff structure; page 14, paragraph 
66:  
The Secretariat reports that "a customs service tax of up to 10% is applied on all imports, including those from CARICOM countries."  It also indicates th at an amendment to the Customs Service Tax Act 
(2006) is currently before the Parliament, which w ould reduce a 5% customs tax to 2.5% on a list of 
products as specified in the schedule of the Amendment. 
 
Q9. Could the Government of Antigua and Barbuda indicate whether this am endment has been passed 
already and if not, when is it expected to pass?  
III. Trade Policies and Practices by Measure; (1) Measures Directly Affecting Imports; 
(iv) Tariffs and other charges on imports;  (b) Bound MFN tariffs;  page 17, paragraph 70:  
 
The Secretariat reports that, in some instances, An tigua and Barbuda's applied tariffs exceed its bound 
rates.  
Q10. Could the Government of Antigua and Barbuda  indicate how it plans to address this situation? WT/TPR/M/190/Add.1 
Page 16  
 
III. Trade Policies and Practices by Measure;  (3 ) Measures Affecting Production and Trade;  
(V) Intellectual property rights: page 32, paragraph 154:  
The Secretariat Report for Antigua and Barbuda states  that, “[Patents Act No. 23 of 2003] provides for 
compulsory licensing where the patent is not  exploited or insufficiently exploited”. 
 
Q11. Canada would be grateful for additional info rmation on the meaning of  “not exploited” and 
“insufficiently exploited” in the context of a patented product.  
IV. Trade Policies by Sector;  (3) Services; (vi) Tourism;  page 43, paragraph 222: 
 
According to the report, hotel management services provided under Mode 3 are governed by the Hotel 
Proprietors Act .  The report further notes that the Antigua and Barbuda Investment Authority Act  
requires one director to reside in the country.  We note this residency requirement is not listed among 
the limitations in Antigua and Barbuda’s schedule of services commitments.  
 
Q12. Please confirm if the Hotel Proprietors Act  lists such a residency requirement. 
 
IV. Trade Policies by Sector;  (3) Services;  (vii) Professional services;  page 44, paragraph 226: 
 
Paragraph 226 notes that for the professional services  in which Antigua and Barbuda has made GATS 
commitments – “Commercial presence is subject to the Business Act (for legal, accounting, and 
taxation services), the Architect Act; th e Engineers Act; and the Medical Act”.  
 
Q13. Could Antigua and Barbuda indicate what re quirements limit commercial presence in the legal, 
accounting, taxation, architectural and engineering services industries, in accordance with the relevant 
Acts noted in the report? 
 
Report by the Secretariat:  Dominica (WT/TPR/S/190/DMA) 
 IV. Trade Policies by Sector;  (3) Services;  (v) Tourism;  page 47, paragraph 238: 
 The report states that the development of hotels w ith less than 50 rooms is subject to an economic 
needs test. Dominica’s schedule of commitments indicates that hotel development of less than 
50 rooms may be  subject to an economic needs test. 
 Q14. Under what conditions w ould hotel development actually be subject to such a test? 
 
Q15. What are the criteria behind such a test? 
 
IV. Trade Policies by Sector;  (3) Services;   (v) Tourism;  page 4, paragraph 243: 
 
The report indicates that “The Tourism (Regulations and Standar ds) Act (No. 19, 2005) provides for 
the creation of a Quality Assurance Unit to develop and monitor standards fo r the tourist industry…”   
 
Q16. What kinds of standards are being contemplated for development? 
  WT/TPR/M/190/Add.1 
 Page 17 
 
 
Report by the Secretariat:  Grenada (WT/TPR/S/190/GRD) 
 III. Trade Policies and Practices by Measure;  (1) Measures Directly Affecting Imports;  
(iv) Tariffs and other charges on imports;  (b) Bound MFN Tariffs;  page 18, paragraph 73: 
 The Secretariat indicated that applied tariffs on eleven agricultural lines which exceeded bound rates 
were corrected by renegotiation under the GATT Ar ticle XXVIII in 2002-03;  however, the applied 
rates for another 15 HS headings at the ten-digit level now appear to exceed bound rates (Table III.4). 
 Q17. Could the Government of Grenada indi cate how it plans to address this discrepancy? 
 
III. Trade Policies and Practices by Measure;  (1) Measures Directly Affecting Imports;  
(v) Other levies and charges;  page 19, paragraph 83:  
 
The Secretariat Report notes that an environmental levy is currently charged on imported vehicles, 
"white goods" and beverage containers, among other things, but also indicates that there is a proposal 
pending in the Ministry of Finance which would apply th e levy to all beverage c ontainers, regardless of 
type or origin.  Q18. Could the Government of Grenada indicate the cu rrent status of the proposal and when it might be 
passed into law? 
 
III. Trade Policies and Practices by Measure; (3) Measures Affecting Production and Trade;  
(V) Intellectual Property Rights;  page 36, paragraph 172:  
The Secretariat Report for Grenada states that the pa tent legislation does not reflect the internationally 
accepted criteria for grant of novelty, inventive step , and industrial applicab ility, and that patent 
product protection is not available for pharmaceuti cal and agricultural chemical products.  Canada 
notes that during the 2001 review of Grenada’s intellectual property laws by the TRIPS Council, 
Grenada provided that amendments to  the Patent Act were considered. 
 Q19. In light of this, Canada would be grateful  for additional information on whether legislation 
protecting product patents in all fields of technolog y, and reflecting internationally accepted standards 
for grant of novelty, inventive step a nd industrial applicability, are contemplated. 
 
IV. Trade Policies by Sector;  (3) Services;  (vi) Tourism;  page 49, paragraph 240: 
 The report states that development of hotels with fe wer than 100 rooms is subject to an economic needs 
test. Grenada’s schedule of commitm ents indicates that hotel development of less than 100 rooms may 
be subject to an economic needs test. 
 Q20. Under what conditions w ould hotel development actually be subject to such a test? 
 
Q21. What are the criteria behind such a test? 
 
IV. Trade Policies by Sector;  (3) Services; (vi) Tourism;   page 50, paragraph 242: 
 
According to the report, emphasis is being placed  on niche tourism products such as “total spice 
experience”. 
 Q22. Please elaborate on this product. 
 WT/TPR/M/190/Add.1 
Page 18  
 
IV. Trade Policies by Sector;  (3) Services;  (vi) Tourism;  page 50, paragraph 244: 
 
According to the report, in the 2006 Budget Speech, the Government announced that the Investment 
Code Incentives Act  would be repealed and a new scheme  introduced with amendments to the Income 
Tax Act . 
 
Q23. What are the timelines of this  repeal, and the amendments to the Income Tax Act ? 
 The report further states that an investment code would be implemented but was not yet in place as of mid-2007. 
 
Q24. When is the investment code expected to be put in place? 
 
Report by the Secretariat:  St. Kitts and Nevis (WT/TPR/S/190/KNA) 
 
III. Trade Policies and Practices by Measure;  (1) Measures Directly Affecting Imports; (v) Other 
levies and charges; page 16, paragraph 73:  
The Secretariat Report notes that "all agricultural pr oducts grown in St. Kitts and Nevis, as well as 
produce of CARICOM origin, are exempt from the c onsumption tax." The preceding information in the 
same paragraph stated that both imports and domestic products are subject to a consumption tax.  If this 
is the case, then this exemption for domestic agricultur al products would appear to be a violation of the 
principle of national treatment. 
 
Q25. Could the Government of Saint Kitts and Nevis clarify this question?  
III. Trade Policies and Practices by Measure;  (3 ) Measures Affecting Production and Trade;  
(V) Intellectual property rights;  page 25, paragraph 136: 
 
According to the Secretariat Report for Saint Kitts and Nevis, “[i]n March 200 7, Parliament approved 
the Geographical Indications Act No. 6 of 2007”.  Q26. Canada would be grateful for additional info rmation on the scope and le vel of protection granted 
to geographical indications under the Act. 
 
IV. Trade Policies by Sector;  (3) Services;  (ii) Telecommunications;  page 31, paragraph 161: 
 
The Secretariat Report indicates that St. Kitts and Nevis did not participate in the extended WTO negotiations on basic telecommunications services,  which included the Reference Paper on basic 
telecommunications. 
 Q27. Does St. Kitts and Nevis intend to take on t hose additional commitments in the current round of 
negotiations?  
Q28. Are there any specific parts of the Reference Pa per that make it particularly difficult for St. Kitts 
and Nevis to take on those commitments?   WT/TPR/M/190/Add.1 
 Page 19 
 
 
Report by the Secretariat:  St. Lucia (WT/TPR/S/190/LCA) 
 III. Trade Policies and Practices by Measure;  (1) Measures Directly Affecting Imports;  
(v) Other levies and charges;  page 19, paragraph 77: 
 The Secretariat Report notes that the "Environmenta l Protection Levy Act No. 15 of 1999, as amended 
in 2002, imposes a tax on most imports, but does not apply to domestically produced goods."  This 
discrepancy appears to undermine the principle of national treatment.  Q29. Could the Government of Saint Lucia explain the rationale for this discrepancy? 
 
III. Trade Policies and Practices by Measure; (3) Measures Affecting Production and Trade; 
(V) Intellectual Property Rights; pages 34-35, paragraph 143:  
The Secretariat Report for St. Luci a states that St. Lucia’s new Pate nt Act “will introduce the concepts 
of novelty and inventive step for patentability and allow for compulsory licensing in various cases. 
 Q30. Canada would be grateful for additional in formation regarding the circumstances in which 
compulsory licenses may be granted.  
IV. Trade Policies by Sector; (3) Services; (ii) Telecommunications; page 41, paragraph 170: 
 The Secretariat Report indicates that Saint Lucia di d not participate in the WTO negotiations on basic 
telecommunications services, which included the Reference Paper on basic telecommunications. 
 Q31. Does Saint Lucia intend to take on those additional commitments in the current round of 
negotiations? 
 Q32. Are there any specific parts of the Referen ce Paper that make it particularly difficult for 
Saint Lucia to take on those commitments?  
IV. Trade Policies by Sector;  (3) Services;  ( ii) Financial Services;  (a) Onshore financial 
services;  page 44, paragraph 182: 
 
Paragraph 217 indicates that the St. Lucia Developm ent Bank was merged with a commercial bank, the 
Bank of St. Lucia, but continues to admister a development loans portfolio.  
Q33. Could Saint Lucia provide an overview of the ownership structure, including any government 
participation, of the combined entity?  
IV. Trade Policies by Sector;  (3) Services;  (v) Tourism;  page 50, paragraph 216: 
 
According to the report, “In mid-April 2007, the Government of St. Lucia implemented a new policy 
reserving investment in hotels below an internally  recognized four-standard fo r St. Lucian nationals. 
To this end, the Government stopped granting in vestment incentives to foreign nationals for such 
properties. Certain other tourism-related activities ar e reserved for nationals of St. Lucia, such as: the 
operation of restaurants with the exception of top-cl ass specialty-type; and the operation of rental 
agencies for homes, villas and apartments.”  
 
Q34. Given these recent developments, please clar ify how these reconcile with current service 
commitments that are limited to hotel and resort  development and operation in excess of 100 rooms and 
full commitment on restaurant services (CPC 642)?  WT/TPR/M/190/Add.1 
Page 20  
 
Report by the Secretariat:  St. Vincent and the Grenadines (WT/TPR/S/190/VCT) 
 III. Trade Policies and Practices by Measure;  (1) Measures Directly Affecting Imports;  
(iv) Tariffs and other charges on imports;  page 17, paragraph 77: 
 The Secretariat Report indicates how the Value A dded Tax (VAT) is calculated on imported goods, yet 
while it notes that the VAT is paid on domestic transactions to Inland Revenue, it does not mention 
how it is calculated for domestic goods.  Q35. Could the Government of Saint Vincent and the Grenadines confirm whether the calculation of 
the VAT on domestic goods is equivale nt to that of imported products? 
 
III. Trade Policies and Practices by Measure:   (3) Measures Affecting Pr oduction and Trade;  
(V) Intellectual property rights;  (b) patents;  page 32, paragraph 154:  
 The Secretariat Report for Saint Vincent and the Grenadines states that, “[t]he patent legislation is 
expected to be repealed and repl aced by the Patents Act of 2004, which was passed by Parliament in 
November 2004 but is not yet in force”.  Q36. Canada would be grateful if Saint Vincent and the Grenadines could provide:  (a) an update on 
any progress in putting the new Act into force;  an d (b) details on the new Act in respect of TRIPS 
obligations. 
 
IV. Trade Policies by Sector;  (3) Services;  (vi) Tourism;  page 46, paragraph 236: 
 
According to the report, income tax holidays are av ailable for the development of hotels and apartment-
hotels or for improvement and expansion.  It further notes that “applications must be made to the 
Minister or to the Cabinet and, in all cases, the Government retains the right to refuse the 
application.”  
 
Q37. What types of applications go to th e Minister and which ones go to Cabinet? 
 
Q38. What are the criteria used by G overnment to refuse an application? 
 
COLOMBIA 
 
The Secretariat Overview Report indicates that Serv ices are the main economic activity in OECS-WTO 
Members, accounting for over 80% of GDP in 2005.  The report also states that Tourism is the major single economic activity. 
 
The Secretariat mentions as well that agriculture has lost share of GDP, which reflects the stronger 
growth of Services and Construction.  However, it appears from the report that OECS-WTO Members have not made commitments in 
Construction Services and may have made only partial commitments in Architectural and Engineering 
Services.  The increased trade in Tourism services, requires the design and building of appropriate infrastructures 
capable of hosting the growing inflow of tourists.  Domestic capacity and capital may result insufficient 
to cover such needs.  However, foreign firms a nd capital would expect to have a more predictable 
business climate before deciding to invest.  Such ki nd of climate would be promoted, among other, by 
the making of international trade commitments.   WT/TPR/M/190/Add.1 
 Page 21 
 
 
Since we did not see in the Secretariat’s report or in  the individual OECS States’ reports an indication 
on how they have looked after this issue, Colombia  would like to know what is the policy stance of 
OECS-WTO Member states regarding their WTO commitments in Construction, Architectural and Engineering services?  EUROPEAN COMMUNITIES  
II. TRADE AND INVESTMENT POLICY FRAMEWORK 
(2) Trade Policy Objectives and Formulations  Sustainable development  
1. Could OECS provide some information about how the issue of trade and sustainable development fits into their development strategies? 
 
Trade and environment 
 
What mechanisms do OECS have in place to ensure  coordination of environmental policy and trade 
policy? 
 
(4) International Relations 
(ii) Regional agreements 
 
WTO Secretariat's Report, page 13 and 34, para.57 and 168 
 
In paragraphs 57 and 168 of the WTO Secretariat's Report, we can find information regarding the draft 
legislation providing for the establishment of a re gional competition authority, as well as a regional 
competition law for the OECS region.  On the on e hand, and in accordance with the information 
provided in paragraph 57, the OECS members ar e considering the establishment of a regional 
competition authority as opposed to creating a nationa l competition authority in each OECS members, 
and a draft agreement on a single set of competition rul es to be applied by this authority already exists. 
On the other hand, in paragraph 168 of the same document, it is indicated that once the single set of rules enters into force, it is expected that OECS  members will create national competition authorities to 
deal with domestic competition issues.  In this context, the EC would like to pose the following 
questions: 
 3. Could OECS confirm whether the sub-regi onal (i.e. OECS) competition law regime would 
replace or complement competition law enforcement at the OECS member state level?  4. What would be the status of this sub-regi onal competition law enforcement system vis-à-vis 
the larger CARIFORUM competition law enforcement system? 
 
IV. TRADE POLICIES BY SECTOR 
(3)  Services (iv) Tourism 
 
WTO Secretariat's Report, page 47, para. 242-247  5. Could OECS elaborate on the existing plans to promote the tourism sector, and what measures governments are taking to ensure non-discrimination of foreign services suppliers?  
6. Could OECS inform about their plans for im proving professional education and training related 
to the tourism sector?  WT/TPR/M/190/Add.1 
Page 22  
 
7. Could OECS elaborate on their approach to th e regulation of tourism-re lated aspects of general 
interests such us environment, wildlife, urban planning, etc?  8. How do OECS envisage the development of th e tourism sector alongside the promotion of 
local cultures, development of water suppl y and sanitation services, and public security? 
 
9. The EC would be interested to learn about OE CS' assessment of the effect of the tourism sector 
in overall economic growth and employment, and in particular in other economic sectors like 
construction, transport, computer serv ices, education and professional training. 
 
10. Could OECS inform about the existing legisla tion applicable to tour managers (professionals 
accompanying groups of tourists in their trav el through the country) and tourist guides? 
 
Distribution services 
 11. How many people work in the distribution sector  and what has been the evolution in the last 
years?  12. How much of the FDI attracted by OECS in th e last years has been in the distribution sector? 
 13. The EC would be grateful if OECS could elaborate on their assessment of the effect of the 
distribution sector in overall economic growth, employ ment and social development, and also in other 
economic sectors like construction, transport, com puter services, education and professional training. 
 14. Could OECS indicate the existing legi slation applicable to retailing services? 
 
ANTIGUA AND BARBUDA 
 
I.  TRADE POLICIES AND PRACTICES BY MEASURE 
(3) Measures directly affecting imports (ii) Customs valuation 
 WTO Secretariat's Report, page 13, para.57 
 15. Could Antigua and Barbuda indicate when the cu stoms valuation regime will be notified to the 
WTO?  (iii) Rules of origin 
 
WTO Secretariat's Report, page 14, para.62  Antigua and Barbuda, like other CARICOM members, w as expected to implement the rules of origin 
contained in the Amended Schedule I of the revi sed Treaty of Chaguaramas, based on the 2007 HS 
from 1 January 2007.  This did not happen and the matter remains in Parliament. 
 16. Could Antigua and Barbuda confirm the timeframe  for the rules of origin being implemented? 
  WT/TPR/M/190/Add.1 
 Page 23 
 
 
IV. TRADE POLICIES BY SECTOR 
(3) Services (ii) Telecommunications 
 
WTO Secretariat's Report, page 35-36, para.175  
As indicated in the WTO Secretariat's Report, An tigua and Barbuda is the only OECS-WTO Member 
that is not a member of the Eastern Caribbean Tele communications Authority.  The authorities indicate 
that Antigua and Barbuda has no immediate plans to participate in the ECTEL Treaty, due to the 
existence of cross-subsidies provided by the te lecom sector to electricity and water utilities. 
 
17. In this regard, could Anti gua and Barbuda elaborate furthe r on the reasons for not having 
joined the ECTEL Treaty?  WTO Secretariat's Report, page 36, para.177-178 
 
According to the authorities, while APUA has a monopoly on all domestic services, including mobile services, it has introduced competition by sublic ensing two companies (Digicel and Cable and 
Wireless) to provide mobile services, as well as providing mobile services itself.  18. How does Antigua and Barbuda plan to ensure  genuine competition in the mobile services 
market? 
GRENADA 
 II. TRADE POLICIES AND PRACTICES BY MEASURE (3) Measures Directly Affecting Imports 
(ii) Customs valuation  
WTO Secretariat's Report, page 13, para.58  19. Could Grenada indicate when the customs va luation regime will be notified to the WTO? 
 (iii) Rules of origin 
 
WTO Secretariat's Report, page 14, para.62  20. Could Grenada confirm the timeframe for notifying its rules of origin?  
 
ST. KITTS AND NEVIS 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(3)  Measures Directly Affecting Imports (iii) Rules of origin 
 
WTO Secretariat's Report, page 12, para.61  21. Could St. Kitts and Nevis confirm the timeframe for notifying its rules of origin?  WT/TPR/M/190/Add.1 
Page 24  
 
ST. LUCIA 
 
IV. TRADE POLICIES AND PRACTICES BY MEASURE (3)  Measures Directly Affecting Imports (ii) Customs valuation 
 
WTO Secretariat's Report, page 13, para.54  22. Could Saint Lucia indicate when the customs va luation regime will be notified to the WTO? 
 (iii) Rules of origin 
 
WTO Secretariat's Report, page 14, para.58  23. Could Saint Lucia confirm the timefr ame for notifying its rules of origin? 
 
ST. VINCENT AND THE GRENADINES 
 V. TRADE POLICIES AND PRACTICES BY MEASURE (3) Measures Directly Affecting Imports (ii) Customs valuation 
 
WTO Secretariat's Report, page 11, para.56  24. Could St. Vincent and the Grenadines indicat e when the customs valuation regime will be 
notified to the WTO? 
 
(iii) Rules of origin 
 
WTO Secretariat's Report, page 12, para.59  Could St. Vincent and the Grenadines confirm the timeframe for notifying its rules of origin? 
 
ADDITIONAL QUESTIONS FROM THE EUROPEAN COMMUNITIES 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) Measures Directly Affecting Exports 
(ii) Export subsidies, financing, support and promotion 
 
WTO Secretariat's Report, page 26, para. 123  As indicated in the Secretariat's report, the only fr ee zone in operation is the Free Trade and Processing 
Zone and no manufacturing currently takes place ther e.  The first licence to manufacture in the FTPZ 
was granted in 2001, and the factory is still under construction.  1. Could Antigua and Barbuda elaborate on the pr ocedures for a company to start operating in a 
FTPZ? 
  WT/TPR/M/190/Add.1 
 Page 25 
 
 
(3) Measures Affecting Production and Trade 
(iii) Competition policy and regulatory issues 
 
WTO Secretariat's Report, page 29, para. 137  
Price controls are applied on a list of products , in accordance with the Price Control Order of 
11 October 1967, which must be displayed by every trader selling any goods mentioned in the Order.  
The list covers 41 items and specifies the whol esale and retail margins allowed for each item 
 
2. Is Antigua and Barbuda planning to reduce the nu mber of items included in this list in the near 
future? 
 
IV. TRADE POLICIES BY SECTOR 
(2) Agriculture 
 WTO Secretariat's Report, page 33, para. 165 
 The Secretariat's report states that Antigua and Barbuda 's agriculture sector is small, contributing an 
average of less than 4% (3.6% in  2005) to GDP during the period under review.  Between 2001 and 
2004, the total value of the sector's contribution to the economy was estimated at around US$16 million. In addition, it is mentioned that fish eries represent circa 50% of agriculture's output. 
 
3. Could Antigua and Barbuda confirm whether fo reign companies can invest in the fisheries 
sector? 
SAINT KITTS AND NEVIS 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE (3)  Measures Affecting Production and Trade (iii) Incentives and assistance 
 
WTO Secretariat's Report, page 23, para. 118  
We note that there are sector-speci fic incentives for tourism, as incl uded in the Income Tax Act No. 17 
of 1966 and the Hotels Aid (Amendment) Act (1998). Tax waivers are also granted on a case-by-case basis to foreign investors for the construction of  infrastructure, with preference given to the 
construction of hotels, casinos, and villas.  
4. Could Saint Kitts and Nevis inform  about these sector-specific incentives? 
 WTO Secretariat's Report, page 23, para. 121  The Secretariat's report states that St. Kitts and Nevis plans to establish and Investment Promotion Agency (IPA) to act as a one-stop shop for local and foreign investors.  
5. Could St. Kitts and Nevis indicate wh en this Agency will be operational? 
 
SAINT VINCENT AND THE GRENADINES 
 
II. TRADE AND INVESTMENT POLICY FRAMEWORK 
(3) Foreign investment regime  
For foreign investors seeking to pu rchase one acre or less, the application must contain an approved 
development plan and an execution plan is required w ithin 18 months.  Foreigners wishing to purchase 
more than one acre of land must present a developm ent plan for the whole area.  Licences are granted WT/TPR/M/190/Add.1 
Page 26  
 
subject to submission of an application to Cabine t and the payment of requisite licence fees, which 
amount to 10% of the value of the property purchased.  6. Could Saint Vincent and the Grenadines's authorities indicate whether they consider 
simplifying the procedures for a foreign investor to purchase land? 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(3)  Measures Affecting Production and Trade (iii) Competition policy and regulatory issues 
 WTO Secretariat's report, page 28, para. 130 
 The Secretariat's report indicates that about 100 items are subject to price control.  This list of products includes food products, pharmaceuticals, stationery and hardware products, petr ol and motor vehicles. 
Prices are in general controlled by setting a fi xed mark-up for wholesalers and/or retailers. 
 
7. Is St. Vincent and the Grenadines planning to reduce the number of items included in this list 
in the near future?  
HONG KONG, CHINA 
 
Customs Valuation 
(WT/TPR/S/190, P. 21, Para. 89) 
 
We note from the Secretariat Report that most OECS-WTO Members use the transaction value for 
customs valuation except for Grenada, which uses minimum import prices to determine the customs 
value of imports.  Since Article 7.2(f) of the WTO Customs Valuation Agreement has prohibited the 
use of minimum values, we would like to know if  Grenada has any plans to  eliminate the use of 
minimum values. 
 
BRAZIL 
 1. Document WT/TPR/S/190 informs that OECS c ountries all use the rules of origin introduced 
by CARICOM in 1998.  Nothing is said about fr ee circulation.  Do OECS countries have any 
instrument that allows free circulation of goods?  2. Concerning the rules of origin, is there any pr ovision about a third operator?  In this case, how 
do OECS countries control this matter?  WT/TPR/M/190/Add.1 
 Page 27 
 
 
RESPONSES PROVIDED BY THE OECS-WTO MEMBERS 
TO WRITTEN QUESTIONS 
 
Overview Report by the Secretariat 
 
UNITED STATES 
 
WT/TPR/S/190 
 
Page vi, paragraph 13:  The Secretariat’s Report concludes that 
 
“The administration of trade policy within and among OECS-WTO Members is subject to significant 
human resource limitations, contributing to a slow pace of implementation of multilateral commitments 
and, in general, to reform among OECS-WTO Member s.  Thus the importance of the higher degree of 
regional cooperation in the formulation of trade policy among the OECS-WTO Members that has been 
achieved during the period under review.  Further deep ening this coordination and establishing regional 
institutions to deal with trade policy issues woul d bring additional gains, including an enhanced 
participation in the multilateral trading system.”  The United States recognizes that each of your coun tries has limited human resources.  Each of your 
countries seems to have adopted a government-led approach to economic activity.  However, this 
approach leaves little room for the private sector to  do what it does best – respond to supply and 
demand.  It also appears that each OECS country is party to many common trade and investment policy schemes, 
agreements, and preferential arrangements, but e ach country applies these in its own way. We 
understand the difficulties facing each of your countries’  trade officials both to keep track of all the 
rules, regulations and policy plans and, at the sa me time, conscientiously implement them. For these 
reasons, we agree that deepening regional cooperati on and establishing regional institutions could help 
each OECS country cope with the dynamics of globa l competition and adhere to its WTO obligations 
that should form the basis for your national and regional trade policy undertakings.  
• How do you, the OECS-WTO Members, envision joining forces to rationalize your trade 
policymaking tools? 
 
ANSWER 
 OECS member states meet periodically to discu ss matters of common interest related to trade 
and other subjects.  However, needs vary from member state to member state according to their 
focus areas.  This requires much attention to coor dination of the various positions of the Member 
States to seek consistency and complementarity, and where required in the interests of the Members, common positions.  Some recent initia tives have met with some measure of success, 
such as the establishment of the OECS Trade Ne gotiations Group and the regular meetings of 
OECS Ministers of Trade with the support of CIDA under the OECS Trade Policy Project; and 
the establishment of the joint OECS mission with funding from the EU under the ACP PMU for the WTO.  There has also been the EU fina nced Hubs and Spokes Project which provides 
technical support to the Member States from the OECS Secretariat.  The Secretariat has had the 
responsibility of coordinating these efforts and in itiatives.  With the deepening of regional 
functional cooperation through the establishment of the OECS Economic Union, trade policy is 
being proposed as an area of centralised responsibility. 
 
Please describe activities, if any, at the OECS level to coordinate copyright legislation or enforcement 
among OECS Member States. WT/TPR/M/190/Add.1 
Page 28  
 
ANSWER 
 At this time there is little to no coordination ho wever, there are initiatives in train to address this 
in collaboration with WIPO.  WIPO has already  been approached and has indicated its support 
for a regional approach.  However, we share a common high court and judgements when 
obtained can be enforced in each member terri tory as the OECS is recognised as a common 
jurisdiction.  This is also anticipated as an area of regional responsibility in the new OECS 
Economic Union Treaty.  
WTO TRADE POLICY REVIEW OF ST. LUCIA 
 
WT/TPR/S/190/LCA 
 
III. Trade Policies and Practices by Measure 
(1)  Measures Directly Affecting Imports 
(iv) Tariffs, other duties and taxes  
 
Paragraph 65, Page 15: The Secretariat’s report notes that “St. Lucia applies a customs service charge (CSC) of 5% on the c.i.f. value of most imports , with specific exemptions (section (v)).”  GATT 
Article VIII, Fees and Formalities with  Importation and Exportation states, inter alia , that:  
 
“All fees and charges of whatever character (other than import and export duties and other than taxes 
within the purview of Article III) imposed by cont racting parties on or in c onnection with importation 
or exportation shall be limited in amount to the ap proximate cost of services rendered and shall not 
represent an indirect protection to domestic products or a taxation of imports or exports for fiscal 
purposes.”   
 
How does the government apply its customs service charge  so as to be limited to the approximate cost 
of services rendered, as required by GATT Article V III?  Does the government intend any changes in 
the charge so as to ensure that it is limited to the approximate cost of services rendered? 
 
ANSWER 
 
The CSC charges are in character with their inte nded purpose.  The 5% on c.i.f. value covers the 
high infrastructural costs, operational expens es and in addition new mandatory security 
requirements.  Government is currently reviewi ng all ODCs with a view towards eliminating 
criticism from our trading partners. 
 
(ix) Sanitary and phytosanitary measures  In paragraph 96, on page 24, the Secretariat states  “St. Lucia has made no notifications to the SPS Committee (mid 2007). The enquiry point on SPS 
matters is the Ministry of Agriculture, Fisheries,  and Forestry. St. Lucia is still operating under the 
statutes that predate the SPS Agreement, but the aut horities indicate that there have been efforts to 
develop new laws that are compliant with the SPS Ag reement. These laws have not yet been introduced 
in Parliament.”  
• What is St. Lucia’s timetable for introducing these new laws in Parliament? 
  WT/TPR/M/190/Add.1 
 Page 29 
 
 
ANSWER 
 Within 2 years  
• Will St. Lucia rely on the provisions of the WTO SPS Agreement in drafting its new laws? 
 
ANSWER 
 The WTO SPS Agreement was used to guide the SPS Draft laws. 
 
• In the course of drafting such laws, has St. Lu cia sought input from private stakeholders and 
the general public? What is the process for ensuri ng that their views ha ve been incorporated 
prior to enactment of the laws? 
 
ANSWER 
 The Private Sector and in particular the Agricu ltural Community was consulted before work was 
commenced on the draft SPS laws.  A further cons ultation will be held with all sectors of the 
Private Sector including Civil Society before the b ill is introduced in parliament.  The bill will be 
subjected to three readings and a debate in the Sena te before passing into law.  At any of these 
stages interested parties through thei r representatives can effect changes. 
 
Paragraph 101 on page 25 of the Secr etariat Report explains as follows: 
 
“St. Lucia does not maintain inventories of SPS m easures in force; the authorities were unable to 
indicate how many measures had been introduced since 2001.  St. Lucia has not entered into any 
agreements concerning SPS measures e.g. on eq uivalence of SPS measures, food inspection or 
certification systems.” 
 
Will St. Lucia publish one official list of all draft re gulations or will each relevant agency publish its 
own listing of draft regulations?   
ANSWER 
 
All draft laws on presentation in parliament are ref ered to as ‘bills’.  These bills are published in 
the Official Gazette, which is available to the general public.  If bills are presented as part of a suite they are normally published together. 
 
• What are St. Lucia’s plans for entering into  any agreements concerning SPS measures?  
 ANSWER 
 
Saint Lucia is committed to becoming WT O compliant in all matters related to SPS. 
 
(3) Measures Affecting Production and Trade 
(v) Intellectual property rights  
 Paragraph 141, page 34 of WT/TPR/S/190/LCA notes that  “Domestic legislation has been updated on copyright, trade marks, geographical indications, industrial 
designs, undisclosed information, and layout designs.  Legislation in other areas, such as patents, trade 
marks and plants varieties was passed in 2001, but is not yet in force (early 2007).”  
 WT/TPR/M/190/Add.1 
Page 30  
 
What is the timeframe for implementation of the new legislation?  
ANSWER 
 The Patents Act is not yet in force.  This Act ha s been referred to a competent professional body 
to ensure that all our TRIPS flexibilities are fully explored.  Draft regulations for the Patent Act 
is also being reviewed currently.  We are theref ore unable at this point in time to quote a 
timeframe when this Act will be in force.  There is no legislation to date covering Plant Varieties. 
 
What steps is your government taking to ensure that the copyright terms of protection provided for 
under the Copyright Act (No. 10 of 1995) are in line with the TRIPS Agreement, including Articles 12 
and 14(5)?  ANSWER 
 
Section 153 of the Copyright Act Cap. 13 .07 refers to the Copyright (International 
Organisations) Order with copyright vesting to in ternational organisations including WTO.  The 
Act is in line with TRIPS and provides protection to Articles 12 and 14(5). 
 Paragraph 148, page 36 of WT/TPR /S/190/LCA refers to the Geographical Indications Act No. 4 of 
2000.  The paragraph notes that the Registrar will not register a trademark that conflicts with a 
geographical indication.  Is the same also true fo r a geographical indication that conflicts with an 
already registered and/or protected trademark?  Pl ease confirm that trademarks will be protected from 
confusingly similar and later in  time geographical indications. 
 
ANSWER 
 Trademarks are protected from substantially  identical or deceptively similar marks. 
 In time consideration needs to be given where Geographical Indications conflict with an already 
registered and/or protected trademark.  
Paragraph 154, pg. 37:  In additio n to injunctions, what other reme dies are available in trademark 
cases?  Is seizure and destruction of th e goods, material and equipment available? 
 ANSWER 
 
The Act provides for the Comptro ller of Customs to seize goods a nd if the goods are forfeited to 
Government, the Comptroller may dispo se of the goods as he/she sees fit. 
 The High Court has jurisdiction with respect to matters arising under this Act. 
 
RESPONSES TO QUESTIONS FROM CANADA 
 
III. Trade Policies and Practices by Measure; (1) Measures directly affecting imports;  (iv) 
Tariffs, other duties and taxes; (b) Bound MFN tariffs; page 24, paragraph 105: 
 
The WTO requires members to bind their other duties and charges applicable to imports, contributing 
to greater transparency for other members.  Accord ing to the Secretariat’s report, only St. Kitts and 
Nevis has bound its other duties and charges (ODC) rates in the WTO.   WT/TPR/M/190/Add.1 
 Page 31 
 
 
Q5. Are any OECS countries other than St. Kitts and Nevis planning to bind them in the WTO in the 
future?  
ANSWER 
 
In the context of ongoing fiscal reform, there are plans to phase these out over time. 
 
IV. Trade Policies by Sector; (3) Services; (vii)  Professional services; page 48, paragraph 250: 
 
Paragraph 250 notes that a Draft Model Professionals Bill has been developed at the CARICOM level, 
with the objective of harmonizing legislation acro ss CARICOM countries for professionals.  The report 
notes discussions with the medical profession.   Q7. Could the OECS Members indicate which othe r professions will be included in the bill? 
 
Q8. What is the status of discussions with other professions and what are the timelines for 
implementation of the legislation?  
ANSWER 
 This matter will be tabled for discussion at the next meeting of the CARICOM Council on Trade 
and Development (COTED), which is the body that  coordinates regional trade policy.  At this 
time other professions are being considered but sin ce this matter is being handled at the regional 
CARICOM level and therefore goes beyond the OECS, an update can be provided after the next 
COTED meeting which will take place in early November. 
 
III. Trade Policies and Practices by Measure;  (1) Measures Directly Affecting Imports;  (v) Other levies and charges; page 19, paragraph 77:  
 
The Secretariat Report notes that the "Environmenta l Protection Levy Act No. 15 of 1999, as amended 
in 2002, imposes a tax on most imports, but does not apply to domestically produced goods."  This 
discrepancy appears to undermine the principle of national treatment. 
 
Q29. Could the Government of Saint Lucia explain the rationale for this discrepancy? 
 
ANSWER 
 
Domestic production is small compared to the volume of imports into the country, which range 
from primary agricultural products to appliances a nd machinery.  The cost of disposing litter, in 
particular packaging materials, obsolete equipm ent is very high. Revenue collected from the 
“Environmental Levy” goes towards financing the St. Lucia Solid Waste Management Corporation, who is responsible for the manage ment of waste disposal islandwide.  Revenue 
collected from direct taxation is not always ade quate to cover all of Government’s expenditure. 
 
Recognizing that given our size we will always be reliant on other duties and charges and 
therefore, we are currently reviewing them in order to make adjustments where necessary to 
reduce criticism. 
 
III. Trade Policies and Practices by Measure; (3) Measures Affecting Production and Trade;  (V) Intellectual Property Rights; pages 34-35, paragraph 143: 
 
The Secretariat Report for St. Luci a states that St. Lucia’s new Pate nt Act “will introduce the concepts 
of novelty and inventive step for patentability and allow for compulsory licensing in various cases. 
 WT/TPR/M/190/Add.1 
Page 32  
 
Q30. Canada would be grateful for additional in formation regarding the circumstances in which 
compulsory licenses may be granted.  
ANSWER 
 
The Patent legislation is not yet in force.  We are therefore not in a position to comment until the 
Act and its regulations are in force. 
 
IV. Trade Policies by Sector;  (3) Services;  (ii) Telecommunications;  page 41, paragraph 170: 
 The Secretariat Report indicates that Saint Lucia di d not participate in the WTO negotiations on basic 
telecommunications services, which included the Reference Paper on basic telecommunications. 
 Q31. Does Saint Lucia intend to take on those additional commitments in the current round of 
negotiations? 
 
Q32. Are there any specific parts of the Referen ce Paper that make it particularly difficult for 
Saint Lucia to take on those commitments?  
ANSWER 
 
While Saint Lucia did not make any detailed commitments in its WTO and GATS offers, the 
sector has been liberalized since 2005. Currently there are two service providers operating locally.  IV. Trade Policies by Sector;  (3) Services;  ( ii) Financial Services;  (a) Onshore financial 
services; page 44, paragraph 182: 
 
Paragraph 217 indicates that the St. Lucia Developm ent Bank was merged with a commercial bank, the 
Bank of St. Lucia, but continues to admister a development loans portfolio.  Q33. Could Saint Lucia provide an overview of the ownership structure, including any government 
participation, of the combined entity? 
 
ANSWER 
 Bank of Saint Lucia is a commercial bank operati ng in Saint Lucia and regulated by the East 
Caribbean Central Bank.  It is a public company a nd its shares are traded on the East Caribbean 
Stock Exchange.  Government of Saint Lucia retains a 20% interest.  Other shareholders are 
National Insurance, Corporate Bodies, the Ge neral Public and other Banking Institutions 
operating in the Caribbean.  IV. Trade Policies by Sector;  (3) Services;  (v) Tourism;  page 50, paragraph 216: 
 
According to the report, “In mid-April 2007, the Government of St. Lucia implemented a new policy 
reserving investment in hotels below an internally  recognized four-standard fo r St. Lucian nationals. 
To this end, the Government stopped granting in vestment incentives to foreign nationals for such 
properties.  Certain other tourism-related activities a re reserved for nationals of St. Lucia, such as:  
the operation of restaurants with the exception of t op-class specialty-type; and the operation of rental 
agencies for homes, villas and apartments.”  
 
Q34. Given these recent developments, please clar ify how these reconcile with current service 
commitments that are limited to hotel and resort  development and operation in excess of 100 rooms and 
full commitment on restaurant services (CPC 642)?  WT/TPR/M/190/Add.1 
 Page 33 
 
 
ANSWER 
 In keeping with our commitments in the GATS there are no restrictions on Foreign Nationals 
wishing to invest in hotels in excess of 100 rooms and up market resturants irregardless of 
classification, since classification is not part of  our specific or horizontal commitments.  We have 
also favourably entertained proposals from investors in the past wish to establish hotels below 
100 rooms and there is no reason to believe that th is will not continue, once foreign nationals can 
meet the other horizontal requirement s of residency and Alien Landholding. 
 
QUESTIONS FROM COLOMBIA 
 The Secretariat Overview Report indicates that Serv ices are the main economic activity in OECS-WTO 
Members, accounting for over 80% of GDP in 2005.  The report also states that Tourism is the major single economic activity. 
 
The Secretariat mentions as well that agriculture has lost share of GDP, which reflects the stronger 
growth of Services and Construction.  However, it appears from the report that OECS-WTO Members have not made commitments in Construction Services and may have made only partial commitments in Architectural and Engineering 
Services. 
 The increased trade in Tourism services, requires the design and building of appropriate infrastructures 
capable of hosting the growing inflow of tourists.  Domestic capacity and capital may result insufficient 
to cover such needs.  However, foreign firms a nd capital would expect to have a more predictable 
business climate before deciding to invest.  Such ki nd of climate would be promoted, among other, by 
the making of international trade commitments.  Since we did not see in the Secretariat’s report or in  the individual OECS States’ reports an indication 
on how they have looked after this issue, Colombia  would like to know what is the policy stance of 
OECS-WTO Member states regarding their WTO commitments in Construction, Architectural and 
Engineering services? 
 
ANSWER 
 
The OECS WTO members are committed to prog ressive liberalization with th appropriate 
regulatory framework.  In accordance with Articl e XIX (2) of the GATS we acknowledge that the 
process of liberalization will take place with du e respect for national policy objectives, with due 
consideration to our varying levels of development.   There is already, however, a high degree of 
openness in these areas as many developments are funded by international public and private 
finance and therefore subject to open procurem ent procedures.  As the OECS Members must 
continue to develop their own capacity to provi de theses services, and must  also ensure that there 
is needed regulatory competence to govern appr opriate service quality levels,they are not at the 
stage where they could bind commitments in these areas.  WT/TPR/M/190/Add.1 
Page 34  
 
ANTIGUA AND BARBUDA 
 
Answers to questions posed by Canada 
 
Report by Antigua and Barbuda (WT/TPR/G/190/ATG) 
 
Section 2. Sectoral Development; Services;   Tourism;  page 13, paragraph 51: 
 
According to the report, the Government is cons tructing the Antigua and Barbuda Tourism Master 
Plan. 
 
Q1. What are the objectives, key elements, and timelines of this Plan? 
 
III. Trade Policies and Practices by Measure;  (1 ) Measures directly affecting imports;  (iv) 
Tariffs, other duties and taxes;  (b) Bound MFN tariffs;  page 24, paragraph 105: 
 
The WTO requires members to bind their other duties and charges applicable to imports, contributing 
to greater transparency for other members. Accordi ng to the Secretariat’s report, only St. Kitts and 
Nevis has bound its other duties and charges (ODC) rates in the WTO.   Q5. Are any OECS countries other than St. Kitts and Nevis planning to bind them in the WTO in the 
future?  
 
IV. Trade Policies by Sector; (3) Services;  (vi) Tourism; page 48, paragraph 244: 
 
Canada notes that the Secretariat reports that Touris m policy is conducted at the country level.  Canada 
also notes that in the Report by Antigua and Barbuda (WT/TPR/G/190/ATG, Section 2. Sectoral 
Development; Services;  Tourism; page 13, paragraph 51) and in the Report by Dominica 
(WT/TPR/G/190/DMA, V. Sectoral Developments and Programmes;  (b) Tourism;  page 8, 
paragraph 19) both Antigua and Barbuda and Dominica are developing a Tourism Master Plan. 
 Q6. In the context of regional harmonization of OE CS country policies, Canada would like to know 
whether (and if so, the extent to which) these plans are coordinated and whether they form part of a 
regional tourism strategy.  
IV. Trade Policies by Sector;  (3) Services;  (vii) Professional services;  page 48, paragraph 250: 
 
Paragraph 250 notes that a Draft Model Professionals Bill has been developed at the CARICOM level, 
with the objective of harmonizing legislation acro ss CARICOM countries for professionals.  The report 
notes discussions with the medical profession.   Q7. Could the OECS Members indicate which othe r professions will be included in the bill? 
 
Q8. What is the status of discussions with other professions and what are the timelines for 
implementation of the legislation?  
Report by the Secretariat:  Anti gua and Barbuda (WT/TPR/S/190/ATG) 
 
III. Trade Policies and Practices by Measure;  (1) Measures Directly Affecting Imports;  
(iv) Tariffs and other charges on imports;  (a) MFN applied tariff structure;  page 14, paragraph 
66: 
 
The Secretariat reports that "a customs service tax of up to 10% is applied on all imports, including 
those from CARICOM countries."  It also indicates th at an amendment to the Customs Service Tax Act  WT/TPR/M/190/Add.1 
 Page 35 
 
 
(2006) is currently before the Parliament, which w ould reduce a 5% customs tax to 2.5% on a list of 
products as specified in the schedule of the Amendment.  Q9. Could the Government of Antigua and Barbuda indicate whether this am endment has been passed 
already and if not, when is it expected to pass? 
 
ANSWER: 
 The Cabinet hopes to have the bill passed within the second quarter of 2008. 
 
III. Trade Policies and Practices by Measure; (1) Measures Directly Affecting Imports; (iv) Tariffs and other charges on imports;  (b) Bound MFN tariffs;  page 17, paragraph 70:  
 
The Secretariat reports that, in some instances, An tigua and Barbuda's applied tariffs exceed its bound 
rates. 
 
Q10. Could the Government of Antigua and Barbuda  indicate how it plans to address this situation? 
 
ANSWER: 
 Applied tariffs exceed bound rates for ten tari ff headings, all corresponding to arms and 
ammunition.  These are of a security concern to Antigua and Barbuda and there is no intention 
to address the reduction in tariffs for arms and ammunition. 
 
III. Trade Policies and Practices by Measure; (3) Measures Affecting Production and Trade; 
(V) Intellectual property rights: page 32, paragraph 154: 
 The Secretariat Report for Antigua and Barbuda states  that, “[Patents Act No. 23 of 2003] provides for 
compulsory licensing where the patent is not  exploited or insufficiently exploited”. 
 Q11. Canada would be grateful for additional info rmation on the meaning of  “not exploited” and 
“insufficiently exploited” in the context of a patented product.  IV. Trade Policies by Sector;  (3) Services;  (vi) Tourism;  page 43, paragraph 222: 
 
According to the report, hotel management services provided under Mode 3 are governed by the Hotel 
Proprietors Act . The report further notes that the Antigua and Barbuda Investment Authority Act  
requires one director to reside in the country. We note this residency require ment is not listed among 
the limitations in Antigua and Barbuda’s schedule of services commitments.  Q12. Please confirm if the Hotel Proprietors Act  lists such a residency requirement. 
 
ANSWER: 
 
There is no such residency requirement in the Ho tel Proprietors Act.  The requirement for the 
ABIA does not restrict 100% foreign ownership , but seeks only to restrict the issuance of 
incentives to those companies that have at least one resident director.  
IV. Trade Policies by Sector;  (3) Services;  (vii) Professional services;  page 44, paragraph 226:  
Paragraph 226 notes that for the professional services  in which Antigua and Barbuda has made GATS 
commitments – “Commercial presence is subject to the Business Act (for legal, accounting, and 
taxation services), the Architect Act; the Engineers Act; and the Medical Act”. 
 WT/TPR/M/190/Add.1 
Page 36  
 
Q13. Could Antigua and Barbuda indicate what re quirements limit commercial presence in the legal, 
accounting, taxation, architectural and engineering services industries, in accordance with the relevant 
Acts noted in the report? 
 
ANSWER: 
 
The requirements limiting commercial presence relate more to mode 4 than to mode 3.  Mode 3 
limitations are that all businesses are subject to the non-citizens’ land-holding license act.  This 
act requires shareholders of companies that ow n land in Antigua and Barbuda to have a non-
citizens’ landholding license. 
 
ANTIGUA AND BARBUDA 
 
Answers to questions posed by the European Communities 
 
I.   Trade Policies and Practices by Measure (3) Measures Directly Affecting Imports (ii) Customs valuation 
 
WTO Secretariat's Report, page 13, para.57  
1. Could Antigua and Barbuda indicate when the cu stoms valuation regime will be notified to the 
WTO?  
ANSWER: 
 
Antigua and Barbuda intends to have the customs valuation regime notified to the WTO during 
the first quarter of 2008. 
 
(iii) Rules of origin 
 
WTO Secretariat's Report, page 14, para.62 
 
Antigua and Barbuda, like other CARICOM members, w as expected to implement the rules of origin 
contained in the Amended Schedule I of the revi sed Treaty of Chaguaramas, based on the 2007 HS 
from 1 January 2007.  This did not happen and the matter remains in Parliament. 
 
2. Could Antigua and Barbuda confirm the timeframe  for the rules of origin being implemented? 
 
ANSWER: 
 
It is most likely to be implemented in the fi rst half of 2008 or the latter half of 2009. 
 
IV.
 TRADE POLICIES BY SECTOR 
(3)  Services 
(ii) Telecommunications 
 
WTO Secretariat's Report, page 35-36, para.175 
 
As indicated in the WTO Secretariat's Report, An tigua and Barbuda is the only OECS-WTO Member 
that is not a member of the Eastern Caribbean Tele communications Authority.  The authorities indicate 
that Antigua and Barbuda has no immediate plans to participate in the ECTEL Treaty, due to the 
existence of cross-subsidies provided by the te lecom sector to electricity and water utilities. 
  WT/TPR/M/190/Add.1 
 Page 37 
 
 
3. In this regard, could Anti gua and Barbuda elaborate furthe r on the reasons for not having 
joined the ECTEL Treaty?   
ANSWER: 
 
In addition to the reasons cited in the report, th e Government is in the process of setting up an 
independent regulatory body and seeki ng to liberalise the telecommunications market to the furthest 
extent possible.  These initiatives may not necessarily  be in sync with the other ECTEL Members. 
 WTO Secretariat's Report, page 36, para.177-178 
 
According to the authorities, while APUA has a monopoly on all domestic services, including mobile services, it has introduced competition by sublic ensing two companies (Digicel and Cable and 
Wireless) to provide mobile services, as well as providing mobile services itself.  
How does Antigua and Barbuda plan to ensure genuine competition in the mobile services market? 
 
ANSWER: 
 
Antigua and Barbuda is in the process of liberalisi ng the entire telecommunications market.  There is a 
bill for the Telecommunications Act of 2007.  This act will seek the establishment of a 
telecommunications commission.  The act will also seek to deal with the issuance of licenses and 
frequency authorisations, issues relating to interc onnection, and access to facilities and gateways, 
spectrum management, dispute resolution and a comprehensive set of regulatory matters. 
 While the current mobile services arrangement may not be the optimal legal environment, it has 
worked rather efficiently.  This is evident by th e sharp decline in mobile rates and the equivalent 
increase in the quality and variety of services provided.  
ANSWERS TO QUESTIONS POSED BY JAPAN 
 
The Secretariat Report of OECS (page 23, paragraph 96)  The Secretariat Report of Antigua and Barbuda (page 14, paragraph 66) 
 
According to the Secretariat report, all OECS Members apply additional charges on most or all 
imports. Among them, the customs services tax in Antigua and Barbuda is a rate of 10% ( ad valorem ), 
which is higher than those of other CARICOM memb ers. Japan is wondering whether such tax is in 
compliance with the ‘approximate cost of services rendered’ in Article VIII 1(a) of the GATT.  
QUESTION: 
 
Could Antigua and Barbuda respond to the Japanese concern?  
ANSWER: 
 
Antigua and Barbuda is currently going through a comprehensive fiscal reform programme that 
includes the addition of some taxes and the removal of others.  There has been the introduction of the 
Antigua and Barbuda Sales Tax (ABST), which is  a Value Added Tax, and the removal of the 
consumption tax (which was formerly levied at the border).  One item under consideration for reform is 
the customs service charge.  This charge is curren tly applied on an ad valorem basis, mostly because 
this method is less cumbersome to calculate than the WTO preferred method.  Notwithstanding this, the 
customs service charge is currently under review wi th a view to limiting it to the approximate cost of 
services rendered. WT/TPR/M/190/Add.1 
Page 38  
 
GOVERNMENT OF  ANTIGUA AND BARBUDA 
 
Answers to questions posed by the United States 
 
WT/TPR/S/190 
 
Page vi, paragraph 13:  The Secretariat’s Report concludes that  “The administration of trade policy within and among OECS-WTO Members is subject to significant 
human resource limitations, contributing to a slow pace of implementation of multilateral commitments 
and, in general, to reform among OECS-WTO Member s.  Thus the importance of the higher degree of 
regional cooperation in the formulation of trade policy among the OECS-WTO Members that has been 
achieved during the period under review.  Further deep ening this coordination and establishing regional 
institutions to deal with trade policy issues woul d bring additional gains, including an enhanced 
participation in the multilateral trading system.” 
 
The United States recognizes that each of your coun tries has limited human resources.  Each of your 
countries seems to have adopted a government-led approach to economic activity.  However, this 
approach leaves little room for the private sector to  do what it does best – respond to supply and 
demand.  
It also appears that each OECS country is party to many common trade and investment policy schemes, 
agreements, and preferential arrangements, but each  country applies these in its own way.  We 
understand the difficulties facing each of your countries’  trade officials both to keep track of all the 
rules, regulations and policy plans and, at the same  time, conscientiously implement them.  For these 
reasons, we agree that deepening regional cooperati on and establishing regional institutions could help 
each OECS country cope with the dynamics of globa l competition and adhere to its WTO obligations 
that should form the basis for your national and regional trade policy undertakings.  
• How do you, the OECS-WTO Members, envision joining forces to rationalize your trade 
policymaking tools? 
 
• Please describe activities, if any, at the OECS le vel to coordinate copy right legislation or 
enforcement among OECS Member States. 
 
WTO TRADE POLICY REVIEW OF ANTIGUA AND BARBUDA 
 WT/TPR/G/190/ATG 
 Paragraph 37, page 11 of the G overnment Report states that Anti gua and Barbuda regulates import 
licenses for five agricultural products on a seasonal basis.  
• What are the five agricultural products subject to this regulation? 
• Why are the five products subject to this regulation? 
• What does Antigua and Barbuda mean by regula ting on a seasonal basis?  For example, upon 
what criteria does your government  base its seasonal regulations? 
• What practical effect do these licenses have on im ports of these five products?  Please provide 
the volume and value of imports of these five products during the past five years. 
• Are imports of these products required to undergo inspections?  If so, how are the inspections 
conducted? 
• How long does the licensing process take? 
• Which country is Antigua and Barbuda’s larg est supplier of each of these five products? 
  WT/TPR/M/190/Add.1 
 Page 39 
 
 
ANSWER: 
 
i. Cabbage, tomatoes, green peppers, onions, carrots ii. To ensure enough domestic market space for local producers during the harvest season iii. When there is a large amount of output from local suppliers for each of these products (during 
 the harvest season for each crop) there may be  restricted granting of licenses once there is 
 enough local production to meet domestic suppl y.  And demand above that will be granted 
 licenses.  At other times, (during the off-season) there is de facto automatic licensing.  iv. There is little practical effect on imports because  these restrictions only apply to the harvesting 
 seasons in Antigua and Barbuda.  It should be noted that Anti gua and Barbuda suffer from the 
 effects of hurricane and drought, and local production is also limited by sma ll size of farms etc.  
 Therefore, after local output is exhausted, then imports are freely allowed.  There is no data  immediately available for imports for the last 5 years. v. Imports are subject to inspection as any othe r agricultural product for SPS reasons - to protect 
 human, plant and animal life and health.  These inspections are carried out by Plant Protection 
 Unit of the Ministry of Agriculture. 
vi. The licensing process takes about one to two days. vii. Nearly all imports of these products are sources from Florida in the United States.  WT/TPR/S/190/ATG  I.
 ECONOMIC  ENVIRONMENT 
(3) Monetary and Exchange Rate Policy 
 
Paragraph 19, page 5:  The Secretariat states:  “Inflation has been low, with the Consumer Price Index increasing in the 0.5-2.5% range, despite th e impact of global oil price increases.” 
 
What tools has Antigua and Barbuda used to maintain low inflation in the face of rising oil prices?  If 
inflation is low because Antigua and Barbuda ha s opened its markets to global competition, we 
commend the government.  Price controls, on the othe r hand, mask inflationary pressures and, as the 
United States has learned, are unsustainable.  Theref ore, if price controls are Antigua and Barbuda’s 
tool of choice, we would urge the government to eliminate them.  ANSWER: 
 
Antigua and Barbuda has price controls on some ba sic goods, but it also sought the reduction in taxes 
on a wider range of goods that affect the domestic cost of living.  Some staple items have been 
exempted from the sales tax and/or customs duties.  Price controls have not changed much in many 
years, and some of the actions taken in recent time s do positively affect items that are not under price 
controls.  
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1)  Measures Directly Affecting Imports 
(iv) Tariffs, other duties and taxes 
(a)  MFN applied tariff structure 
 
Paragraph 66, Page 14:  The Secretariat’s report notes  that “A customs service tax (CST) of up to 10% 
is applied on all imports, including those from other CARICOM countries.” GATT Article VIII, Fees 
and Formalities with Importation and Exportation states, inter alia , that: 
  “All fees and charges of whatever character (oth er than import and export duties and other than 
taxes within the purview of Article III) imposed by contracting parties on or in connection with 
importation or exportation shall be limited in amount to the approxima te cost of services rendered and  WT/TPR/M/190/Add.1 
Page 40  
 
shall not represent an indirect protection to domestic  products or a taxation of imports or exports for 
fiscal purposes.”  How does the government apply its customs service charge  so as to be limited to the approximate cost 
of services rendered, as required by GATT Article V III?  Does the government intend any changes in 
the charge so as to ensure that it is limited to the approximate cost of services rendered? 
 
ANSWER:  
Antigua and Barbuda is currently going through a comprehensive fiscal reform programme that 
includes the addition of some taxes and the removal of others.  There has been the introduction of the 
Antigua and Barbuda Sales Tax (ABST), which is  a Value Added Tax, and the removal of the 
consumption tax (which was formerly levied at the border).  One item under consideration for reform is 
the customs service charge.  This charge is curren tly applied on an ad valorem basis, mostly because 
this method is less cumbersome to calculate than the WTO preferred method.  Notwithstanding this, the 
customs service charge is currently under review wi th a view to limiting it to the approximate cost of 
services rendered.  (ix) Sanitary and phytosanitary measures    In paragraph 102 of page 23, the Secretariat report identifies the Ministry of Agriculture, Lands, 
Marine Resources and Agro-Industries as Antigua and Barbuda’s enquiry point. 
 
• By what means does the government’s Enquiry Point or National Notification Authority work 
together with your regulatory agencies to ensu re that SPS measures are notified to the WTO? 
 Paragraph 103, page 23 of the Secretariat’s report states that, “Antigua and Barbuda has entered into 
bilateral agreements on SPS matters with St. Vin cent and the Grenadines, Guyana, St. Lucia, and 
Trinidad and Tobago, as well as the territory of Montserrat.”  
• What do these agreements cover?  What is their le gal status?  What is their relationship to the 
WTO Agreement on Sanitary and Phytosanitary Measures? 
 
Paragraph 104 on page 23 of the Secretariat report highlights that Antigua and Barbuda has different 
venues to alert trading partners of  changes in national SPS measures. 
 
• Please identify the venues used to inform trading partners.  Do they include WTO notification 
by your Enquiry point as provided for in the SPS agreement? 
• Please identify the “counterpart ag encies” to which Antigua and Ba rbuda refers with regard to 
notification.  Where are such agencies located?   
• Should one of these agencies propose a new regulati on, what are the procedures that allow for 
private industry review and public sector approval prior to adoption into law? 
• Does your country publish one official listing of all draft regulations that are available for 
public comment before such draft regulations are adopted?  Does each relevant regulatory 
agency publish its own listing of draft regulations? 
• Is there a time period allowed for private indus try review and public sector comment prior to 
implementation? 
 Paragraph 105, page 23:  The Secretariat Report stat es that imports of plants “must conform with the 
Plant Protection Act (PPA) of 1941.”  The report al so states that “in 2005, Antigua and Barbuda 
notified a (Draft) Plant Protection Act to the Committ ee on Sanitary and Phytosanitary Measures.  This 
act is not yet in force, and the prevailing legi slation is still the Plant Protection Act, 1941.”  WT/TPR/M/190/Add.1 
 Page 41 
 
 
• How did Antigua and Barbuda reflect WTO Member s’ comments in the notification of the new 
PPA draft? 
• Does Antigua and Barbuda plan to adopt the 2005 draft PPA?  If so, please provide a timeline 
and description of the transition process by whic h plant regulations under the PPA of 1941 will 
be replaced by the implementation of the 2005 draft? 
• How will trading partners be in formed of its implementation? 
 
(2) Measures Directly Affecting Exports 
(ii) Export subsidies, financing, support and promotion  Paragraph 124, Page 27:  The Secretariat’s report st ates, “Exporters may also receive export promotion 
support from the OECS Export Development Unit.”  What is the OECS Export Development Fund and 
how does it operate? 
 
(3) Measures Affecting Production and Trade (ii) Incentives and assistance  Paragraph 132, Page 28:  According to the Secretariat’s report, 
 
“The Aid to Pioneer Industries Act (Cap 14) provid es customs duty and income tax relief for pioneer 
industries.  These industries qualify for a tax holiday on corporate taxes of up to five years from the date production begins, and losses can be carried forw ard for up to three years after the tax holiday 
period ends.” 
 
Please identify which sectors or industries qualify as “pioneer industries?”  How does the government 
define “pioneer industries”?  What criteria does Antigua and Barbuda use to make its qualification 
determinations? 
 
ANSWER: 
 Pioneer Industry status is determined by the Minist er, but usually it is based on the advice of the staff 
of the Ministry.  However, it should be noted that wh ilst the Act is still in force, it is no longer being 
used.  Existing beneficiaries shall continue to en joy the incentives granted under the Act, but these will 
not be renewed after these benefits expired.  For future incentives,  the industry will have to be gained 
through the Antigua and Barbuda Investment Authority. 
 (v) Intellectual property rights  What steps is your government taking to ensure that the copyright terms of protection provided for 
under the Copyright Act are in line with the TRIPS Agreement? 
 
Paragraph 157, page 32:  Please describe the role, f unctions, jurisdiction and work of the “Copyright 
Tribunal”.  Paragraph 158, page 32:  The Secretariat’s re port states that Antigua and Barbuda provides for 
protection of geographical indications through a regist ration system.  What are the grounds for refusing 
a geographical indication registration?  How will trad emarks be protected from confusingly similar and 
later in time geographical indications?  Paragraph 160, page 33:  The Secretariat notes that  Antigua does not protect undisclosed information, 
or new plant varieties.  What is the status of effo rts to provide legislation that protects each of these 
forms of IP? 
 WT/TPR/M/190/Add.1 
Page 42  
 
Paragraph 163, pg. 33:  Are there any plans to secure ex officio  authority for customs officers?  What 
training initiatives are underway?  
TRADE POLICY REVIEW OF DOMINICA 
 
QUESTIONS RAISED BY THE UNITED STATES 
 
III. Trade Policies and Practices by Measure 
(1)  Measures Directly Affecting Imports (iv) Tariffs, other duties and taxes 
(a)  MFN applied tariff structure 
 QTN 1:  GATT Article VIII, Fees and Formalit ies with Importation and Exportation states, inter 
alia, that: 
 
 “All fees and charges of whatever character (other than import and export duties and 
other than taxes within the purview of Article III) imposed by contracting parties on or in 
connection with importation or exportation shall be  limited in amount to the approximate cost of 
services rendered and shall not represent an indirect protection to domestic products or a taxation of imports or exports for fiscal purposes.”  
How does the government apply its customs service ch arge so as to be limited to the approximate 
cost of services rendered, as required by GATT Article VIII?  Does the government intend any 
changes in the charge so as to ensure that it is limited to the approximate cost of services 
rendered?  
RESPONSE:   The Customs Service Charge of Dominica is  an ad valorem tax of 3% applied on the 
CIF value of imports.  The Government of the Commonwealth of Dominica acknowledges its 
obligations to the disciplines of the World Trad e Organizations and will endeavour to take the 
necessary actions to ensure that its policies are cons istent with these obligations.  In that regard a 
review of the Customs Service Charge in the cont ext of the obligations required under GATT Article 
VIII will be undertaken with the aim of making neces sary changes in line with Dominica’s obligations. 
 
(ix) Sanitary and phytosanitary measures 
 
Paragraph 110, page 26 an d Paragraph 114, page 26 
 QTN 2:  The Secretariat Report indicates that Dominica has made no notifications under the SPS 
agreement and that trading partners are informed of new or modified SPS regulations bilaterally 
and on a peer-to-peer basis. 
 
(a) When will Dominica establish an SPS enquiry point? 
 
RESPONSE:   Dominica’s Enquiry Point is. the Permanent Secretary of the Ministry of Agriculture.  
The responsibilities of the Enquiry Point are executed by staff of the Animal and Plant protection Services of the Division of Agriculture.  
(b) When will Dominica notify ne w measures as the WTO requires? 
 RESPONSE:   It is the intention of Dominica to notif y all future SPS measures as required under the 
WTO/SPS Agreement.  
(c) How does Dominica keep track of all exis ting and new measures?  How does it ensure 
their enforcement?  WT/TPR/M/190/Add.1 
 Page 43 
 
 
RESPONSE:   The Enquiry point keeps track of intern ational standards through focal points to 
CODEX and IPPC.  Though Dominica is not a member of the OIE, our Veterinary Services monitor 
the development of OIE standards.   SPS measures are monitored and enforced principally by the Animal and Plant protection services of 
the Ministry of Agriculture.  Wh ere necessary, there is collaboration with other agencies such as the 
Dominica Bureau of Standards (focal point for CODEX) , the Ministry of Health, and the Ministry of 
Trade.  
(d) Which government agencies have the author ity to implement new measures, and is there 
a time period allowed for private industr y review and public sector comment prior to 
implementation? 
 
RESPONSE:   The Animal and Plant Protection Services of the Division of Agriculture are the 
principal agencies with the authority to implemen t new measures.  There is no prescribed time period 
for private / public sector review / comment prior to implementation.  However, the current practice is 
to solicit comments through extensiv e consultations with public / private sector.  A National SPS 
Committee comprising public and private sector re presentatives also provides reviews and comments 
on SPS issues.  In paragraph 112, page 26, 
 
QTN 4:  The Secretariat Report states that the Pesticides Control Act No. 15 of 1974 provides for 
controls on the sale, storage and use of imported pesticides. 
 
(a) Which regulatory agency sets and is responsible for the enforcement of these 
requirements?  
RESPONSE:   The Pesticide Control Board is responsib le for the setting and enforcement of the 
requirements of the Pesticide Control Act No 15 of 1974.  
(b) Are there domestic producers of pesticides?  If so, are domestically-produced insecticides 
subject to the same controls on the sale , storage and use of imported pesticides? 
 
RESPONSE:   There are no domestic producers of Pesticides in Dominica. 
 
(2) Measures Directly Affecting Exports 
(ii) Export subsidies, financing, support and promotion  
Paragraph 128, Page 28  
QTN 5:  What kind of financial support does th e Market Support Service Department provide to 
exporters? 
 
RESPONSE:   The Market Support Services Department facilitates the export activities of private 
enterprises by providing limited financial support for trade fair participation and the organization of 
trade missions to other countries.  The Departme nt of the Dominica Export and Import Agency’s 
financial support is used to defray a percentage of  the costs of the booth rentals and accommodation. WT/TPR/M/190/Add.1 
Page 44  
 
(3) Measures Affecting Production and Trade 
(v) Intellectual property rights  
Paragraph 171, page 35 and Paragraph 173 on page 36  
 QTN 6:  What is the status of the IP Acts th at were to have been approved and gazetted by the 
end of the 3rd quarter of 2007? 
 
RESPONSE:   The status of the acts has not changed. The IP Acts have not entered into force or been 
approved and gazetted by Cabinet. 
 
QTN 7:  Are the Companies and Intellectual Property Office and the Registry of Patents, 
Designs, and Trademarks currently operational? 
 
RESPONSE:   They are currently not fully operational.  The administration of intellectual property law 
still remains in the hands of an official in the Ministry of Legal Affairs who serves as the acting 
registrar of intellectual property.  
QTN 8:  It is noted that Dominica notified it s legislation regarding geographical indications and 
trademarks and expected the implementing regulatio ns to be in effect by the end of third quarter 
2007. What is the status of this legislation and implementing regulations?  
RESPONSE:  The status of the legislation and implem enting regulations remains the same.  Although 
the new legislation was enacted it has not yet ente red into force or been approved and gazetted by 
Cabinet. 
 
(b) Patents and industrial designs 
 
QTN 9:  Does the government of Dominica require the submission of undisclosed test data in 
order to receive marketing approval for a pharma ceutical product in Dominica?  If so, what are 
the provisions for the protection of this test data  from disclosure and from unfair commercial use 
by third parties? 
 
RESPONSE:   No.  The government of Dominica does not require the submission of undisclosed test 
data in order to receive marketing approv al for a pharmaceutical product in Dominica 
 
(e) Copyright 
 
QTN 10:  What steps is your government taking to  ensure that the copyright terms of protection 
provided for under the Copyright Act are in line with the TRIPS Agreement? 
 RESPONSE:   The commonwealth of Dominica has alre ady taken measures to ensure that the 
copyright terms of protection provided for under the Copyright Act, No. 5 of 2003 are in line with the TRIPS Agreement.  The drafting of the Copyright Act was done with assistance  from WIPO to ensure 
compliance with the TRIPS Agreement.  (f) Enforcement  QTN 11:  It appears that Dominica provides pr otection at the border for copyrights but not 
trademarks.  Is there legislation aimed at provi ding protection at the border for trademarks as 
well?  
RESPONSE:   No.  Not at the moment. 
  WT/TPR/M/190/Add.1 
 Page 45 
 
 
QUESTIONS RAISED BY CANADA 
 
RELEVANT INSTITUTION:  MINISTRY OF TOURISM 
 
Sectoral Developments and Programmes;  (b) Tourism;  page 8, paragraph 19: 
 
The report notes the completion of a Tourism Master Plan based on a Tourism 2010 Policy document.  
Q12. What is the time frame of this Master Plan? 
 RESPONSE:   The time frame of the Tourism Master Plan is 10 years (2015).  
 
Q13.  In the context of regional harmonization of OECS country policies, Canada would like to 
know whether (and if so, the extent to which) the various country Tourism Master plans are 
coordinated and whether they form pa rt of a regional tourism strategy. 
 To a certain extent the various country tourism pl ans are coordinated because of the numerous linkages 
and the fact that most of these plans are based on or incorporate Caribbean and OECS joint regional 
tourism frameworks. Dominica’s tourism master pl an draw’s from the framework of the Caribbean 
Tourism Organisation to which most members of the OECS belong. Under this framework regional 
ministers meet annually to map the way forward for th e promotion of the region as a tourist destination. 
 RELEVANT INSTITUTION: INVEST DOMINICA/DISCOVER DOMINICA  Trade Policies by Sector;  (3) Services;  (v) Tourism; 
 Paragraph 238 “Dominica has made specific commitmen ts on "hotel development" limited to hotels 
with a capacity in excess of 50 rooms.  Development of hotels with a lower number of rooms is subject 
to an economic needs test”  
QTN 14:  The report states that the development of ho tels with less than 50 rooms is subject to an 
economic needs test.  Dominica’s schedule of co mmitments indicates that hotel development of 
less than 50 rooms may be  subject to an economic needs test. 
 
(a) Under what conditions would hotel development actually be subject to such a test? 
 
RESPONSE:   A hotel development would be subject to needs test if the hotel development requests 
for fiscal incentives. 
 
(b) What are the criteria behind such a test? 
 
RESPONSE:   The criteria behind the test include th e level of employment creation, level of 
investment, availability/proof of financing, bona fide/ uthenticity of the investors. 
 
QUESTIONS FROM CANADA 
 
Report by Grenada (WT/TPR/G/190/GRD) 
 VI. World Trade Organization; (a) Implementation  of the Uruguay Round Agreements; page 14, 
paragraph 48:  
Canada notes that according to Grenada’s Trade Polic y Review, “the Ministry of Legal Affairs, with 
the assistance of WIPO, is working towards implementing WTO TRIPs compliant legislation.  The Ministry has set the target date of 31 December 2007 for the enactment of new legislation”. WT/TPR/M/190/Add.1 
Page 46  
 
Q3. Canada would be grateful if Grenada could prov ide: (a) an update on the status of implementation 
and enactment of the new legislation; and (b) de tails on the new legislation in respect of TRIPS 
obligations.  
(a) With regards to the implementation and enactment of WTO TRIPS compliant legislation 
in Grenada, the legislation is currently in the fina l drafting stage (almost complete). The next step 
then is to vet the legislation to ensure that it  is a proper draft complying with all the necessary 
modern Intellectual Property requirements so that it can be enacted by early 2008.  (b) Details on the new legislation in respect of TRIPS obligations: 
 
So as to ensure compliance with TRIPS obligations th e Patent legislation is being drafted so as to 
cover:  
- Geographical Indication (Protection of geographical Indication). - Industrial Designs. 
- Layout designs. - Protection of undisclosed information. - Protection of plant and animal varieties. - Provisions for the patentability of pha rmaceutical or agro-chemical products. 
 In covering these areas, this new piece of Legisl ation will definitely be compliant with the TRIPS 
obligations.  
 
Report by the Secretariat:  Grenada (WT/TPR/S/190/GRD) 
 
III. Trade Policies and Practices by Measure; (1) Measures Directly Affecting Imports; (iv) Tariffs and other charges on imports; (b) Bound MFN Tariffs;  page 18, paragraph 73:  
 
The Secretariat indicated that applied tariffs on eleven agricultural lines which exceeded bound rates 
were corrected by renegotiation under the GATT Ar ticle XXVIII in 2002-03; however, the applied 
rates for another 15 HS headings at the ten-digit level now appear to exceed bound rates (Table III.4). 
 
Q17. Could the Government of Grenada indi cate how it plans to address this discrepancy? 
 
This anomaly in our applied tariffs will be re viewed in the context of the CARICOM Common 
External Tariff (CET) Regime, Grenada will ensure they are brought into line in the shortest 
possible time.  
III. Trade Policies and Practices by Measure;  (1) Measures Directly Affecting Imports;  
(v) Other levies and charges; page 19, paragraph 83:  
 
The Secretariat Report notes that an environmental levy is currently charged on imported vehicles, 
"white goods" and beverage containers, among other things, but also indicates that there is a proposal 
pending in the Ministry of Finance which would apply th e levy to all beverage c ontainers, regardless of 
type or origin.  Q18. Could the Government of Grenada indicate the cu rrent status of the proposal and when it might be 
passed into law? 
 
There was an amendment to the Environmental Le vy Act, the proposal was passed into Law in 
May 2007, the Amendment is Act 13 of 2007. 
  WT/TPR/M/190/Add.1 
 Page 47 
 
 
III. Trade Policies and Practices by Measure; (3) Measures Affecting Production and Trade; (V) 
Intellectual Property Rights; page 36, paragraph 172: 
 
The Secretariat Report for Grenada states that the pa tent legislation does not reflect the internationally 
accepted criteria for grant of novelty, inventive step , and industrial applicab ility, and that patent 
product protection is not available for pharmaceuti cal and agricultural chemical products.  Canada 
notes that during the 2001 review of Grenada’s intellectual property laws by the TRIPS Council, 
Grenada provided that amendments to  the Patent Act were considered. 
 Q19. In light of this, Canada would be grateful  for additional information on whether legislation 
protecting product patents in all fields of technolog y, and reflecting internationally accepted standards 
for grant of novelty, inventive step a nd industrial applicability, are contemplated. 
 
Grenada has contemplated, and is in the process of currently drafting national legislation which 
reflects protecting product patents in all fields of technology (Patents Act).  This draft will reflect 
internationally accepted standards for grant of novelty, inventive steps and industrial 
applicability.  Within this Act there will also be provisions protecting pharmaceutical and agricultural chemical products. 
 
IV. Trade Policies by Sector; (3) Services;  (vi) Tourism; page 49, paragraph 240: 
 The report states that development of hotels with fe wer than 100 rooms is subject to an economic needs 
test. Grenada’s schedule of commitm ents indicates that hotel development of less than 100 rooms may 
be subject to an economic needs test.  
 Q20. Under what conditions woul d hotel development actually be subject to such a test?  
 
The conditions under which an economic needs t est will be conducted will be based on the 
amount of existing hotels under 100 rooms on th e Island and government’s policy for the tourism 
sector. 
 
Q21. What are the criteria behind such a test? 
 
The criteria used are number of hotels under 100 rooms already in existence, the geographic 
location and the number of applications by C ARICOM nationals for establishing hotels of 100 
rooms or less.  
IV. Trade Policies by Sector;  (3) Services;  (vi) Tourism; page 50, paragraph 242: 
 
According to the report, emphasis is being placed  on niche tourism products such as “total spice 
experience”.  Q22. Please elaborate on this product. 
 
Grenada is the world’s second largest producer of nutmegs (behind Indonesia). Grenada is 
famous for at least eight other spices. It is  considered to have th e greatest per capita 
concentration of spices. The country is marketed as the “spice isle” of the Caribbean, a market 
positioning which depicts 
• The quantity and quality of natural spices 
• The local cuisines which are heavily flavoured with spices 
• The quality of the atmosphere which exudes a natural “spice aroma” 
• The unmatched warmth and friendliness of the people WT/TPR/M/190/Add.1 
Page 48  
 
All the above contribute to a “unique” vacation which the visitor will not experience no where 
else. 
 
IV. Trade Policies by Sector;  (3) Services;  (vi) Tourism; page 50, paragraph 244: 
 According to the report, in the 2006 Budget Speech, the Government announced that the Investment 
Code Incentives Act  would be repealed and a new scheme  introduced with amendments to the Income 
Tax Act .  
 Q23. What are the timelines of this  repeal, and the amendments to the Income Tax Act ? 
 
A new investment policy has been approved by Ca binet, the new investment act is now being 
drafted for submission to Parliament for approval .  Once the new Act is approved by Parliament 
the Investment Code Incentives Act will be repeal ed and the necessary amendments will be made 
to the Income Tax Act. It is envisaged that this will happen by March 31
st, 2008. 
 The report further states that an investment code would be implemented but was not yet in place as of 
mid-2007.  Q24. When is the investment code expected to be put in place?  The Investment Code will be in place by March 31
st, 2008. 
 
EUROPEAN COMMUNITIES 
Comments and Questions  
GRENADA 
 
TRADE POLICIES AND PRACTICES BY MEASURE 
(3)
 Measures Directly Affecting Imports 
(ii) Customs valuation 
 WTO Secretariat's Report, page 13, para.58 
 5. Could Grenada indicate when the customs va luation regime will be notified to the WTO? 
 
Grenada sought technical assistance to intro duce a new customs valuation regime which will be 
compliant with the WTO Customs Valuation Agreemen t, the new regime will be notified as soon 
as it is been implemented . 
 
(iii) Rules of origin 
 
WTO Secretariat's Report, page 14, para.62  
6. Could Grenada confirm the timeframe for notifying its rules of origin?  
Grenada applies the CARICOM Rules of Origin, G renada will notify is rules of origin to the 
WTO by December 31
st, 2007.  WT/TPR/M/190/Add.1 
 Page 49 
 
 
QUESTIONS FROM JAPAN 
 (Question 2) 
The Secretariat Report of OECS (page 24, paragraph 103-105) 
The Secretariat Report of Grenada (page 18, paragraph 73) 
 According to the Secretariat report, Grenada e ngaged in tariff renego tiations under GATT Article 
XXVIII in 2002-2003 because implementation of Phase IV of the CET resulted in applied tariffs 
exceeding bound rates for certain agricultural products. Even after these negotiations, the applied tariffs 
on 15 agricultural items are higher than the bound rates. 
 Japan would like Grenada to explain its pros pect in order to improve such situation. 
 
This anomaly in our applied tariffs will be re viewed in the context of the CARICOM Common 
External Tariff (CET) Regime, Grenada will ensure they are brought into line in the shortest 
possible time. 
 
WTO TRADE POLICY REVIEW OF GRENADA 
 
QUESTIONS FROM THE UNITED STATES 
 
WT/TPR/S/190/GRD 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) Measures Directly Affecting Imports (ix) Sanitary and phytosanitary measures 
 In paragraph 105, page 22, the Secretariat Report stat es that Grenada has not made any notifications to 
the WTO SPS Committee.  When will Grenada establish an enquiry point and notify it to the WTO?  
Information regarding Grenada’s enquiry point is contained in G/SPS/ENQ/22 (page 23).  The 
enquiry point has not always been operational; for example, for a six month period after the 
passing of hurricane Ivan which destroyed the main office of the Plant Protection and Quarantine Service. At present, however, the enqu iry point performs some of the basic functions 
and plans to improve and expand its operations beca use of hands on transparency training at the 
40 SPS Committee meeting in Geneva. 
 When will Grenada establish WTO notification proc edures so that WTO Members are made aware of 
new measures? 
 
The move towards the submission of notifications is spearheaded by the Plant Protection and 
Quarantine Service and as recently as Septembe r 2007 a meeting was convened with the major 
players (Animal Health, Food Safety, Plant Health ) in an attempt to improve compliance.  To 
initiate the process, a step by step procedure w ill be prepared and discussed, but the Ministry of 
Agriculture must mandate the majo r players on the need to improve transparency.  This process 
in reality is expected to begin by the first half of 2008. 
 Which government agencies have the authority to im plement new measures, and is there a time period 
allowed for private industry review and public  sector comment prior to implementation? 
 
The Plant Protection and Quarantine Service (P lant Health), the Veterinary and Livestock 
Division (Animal Health), the Ministry of He alth and the Produce Chemist Laboratory (Food WT/TPR/M/190/Add.1 
Page 50  
 
Safety) are the government agencies with the author ity to implement new measures.  In the past, 
new measures were implemented on a bilateral level (between the exporting country and Grenada).  An attempt will be made in 2008 to publish measures for pub lic comments prior to 
implementation. 
 (3) Measures Affecting Production and Trade 
(v) Intellectual property rights  Paragraphs 172 and 175, pages 36 and 37, the Secret ariat notes that Grenada does not have in place an 
effective patent examination or evaluation pr ocess, does not provide fo r the patentability of 
pharmaceutical or agro-chemical products, does not protect undisclosed information, and does not 
protect layout designs of integrated circuits, nor plant varieties.  What is the status of efforts to enact legisl ation that protects each of these forms of IP? 
 Currently Grenada is in the process of drafting legislation (Patent Legislation) which would be enacted to provide for the patentability of ph armaceutical or agro-chemical products. This 
legislation would also be drafted so as to pr otect undisclosed information, layout designs and 
integrated circuits and plant varieties.  With the use of International legislation such provisions 
will be drafted so as to ensure that a prop er TRIPS compliant legislation is achieved. 
 What plans are currently in place regardi ng the proposed Intellectual Property Office? 
 
Currently there is the drafting of an Executive  Agency Act which makes provisions for the 
implementation of an Intellectual Property Office in Grenada.  Grenada has also been assured at 
the last WIPO meeting in Geneva that financial assistance will be given to ensure that an 
Intellectual Property office is put in place.  
Do any of the proposed IP bills cover penalties, su ch as judicial authority to destroy infringing goods? 
 
The drafted Trademarks Bill (section 118) makes provision for the seizure of goods and in 
specific circumstances the goods may be disposed of as the Comptroller of Customs directs. This 
provision to an extent gives the Comptrolle r authority (discretionary power) to destroy 
infringing goods under the Trademarks Act.  
 
(c) Copyright and related rights  What steps is your government taking to ensure that the Copyright Act is in line with certain 
provisions of the TRIPS Agreement, such as Article 10, Article 12, and with Articles 14(1)-(5)? 
 
The Government of Grenada is currently taking steps to ensure that Article 10 of the TRIPS 
Agreement which deals with the protection of co mputer programs and compilations of data as 
literary works is complied with.  There are also steps to include Article 12 so as to provide for 
terms of Protection which would be no less than 50  years from the end of the calendar year. Parts 
of Article 14 of the Agreement are also being contemplated so as to allow for protection of 
performers and Broadcasting organizations.  (e) Enforcement of intellectual property rights 
 
Paragraph 179, pg. 37: Is there le gislation addressing counterfeiting? 
 If the term counterfeiting is used generally  then the Trade Marks Act deals with; 
 Falsifying of a registered Trademark   WT/TPR/M/190/Add.1 
 Page 51 
 
 
Falsely applying a registered Trademark 
False representations regarding trademarks 
 
WTO TRADE POLICY REVIEW OF OECS-WTO MEMBERS 
 
QUESTIONS SUBMITTED BY HONG KONG, CHINA 
 
Customs Valuation 
 
(WT/TPR/S/190, P. 21, Para. 89) 
 
We note from the Secretariat Report that most OECS-WTO Members use the transaction value for 
customs valuation except for Grenada, which uses minimum import prices to determine the customs 
value of imports.  Since Article 7.2(f) of the WTO Customs Valuation Agreement has prohibited the 
use of minimum values, we would like to know if  Grenada has any plans to  eliminate the use of 
minimum values. 
 
Grenada uses minimum import prices to determin e the customs value of imports only for certain 
tariff lines in chapters 42, 61 and 84 (see table III.1 WT/TPR/S/190/GRD).  The Customs (Amendment) Law No. 94 of 1979, and the Custom s (Amendment) Act No. 40 of 1990 provide the 
legal basis for the application of customs valuati on in Grenada.  The Customs (Amendment) Act 
of 1990, however, is inspired by the GATT Agreement on Customs Valuation, and makes 
provision for the use of the transaction value for valuation purposes, failing which alternative 
methods, ending in the computed value, are de tailed.  Due to problems in valuation, the 
transaction value is not widely used, the principa l customs valuation method used is the Brussels 
Definition of Value. The Government of Grenada is working towards eliminating minimum 
import prices and will implement the WTO Cust oms Valuation Agreement as soon as is 
practicable.  
WTO TRADE POLICY REVIEW ST LUCIA 
 
I.  TRADE POLICIES AND PRACTICES BY MEASURE 
(3) Measures Directly Affecting Imports 
(ii) Customs valuation  
WTO Secretariat's Report, page 13, para.54 
 
22. Could Saint Lucia indicate when the customs valuation regime will be notified to the WTO? 
 
While Saint Lucia observes the “transaction value” method as defined in Article 1 of the 
Agreement on the implementation in Article VII of GATT 1994 (Customs Valuation Agreement), 
it appears that there has been an oversight in fa iling to make the necessary notification to the 
WTO.  The matter is now receiving our attentio n and our customs valuation regime should be 
notified shortly.  
(iii) Rules of origin 
 
WTO Secretariat's Report, page 14, para. 58 
 
23. Could Saint Lucia confirm the timefr ame for notifying its rules of origin?  
 
Saint Lucia operates in the context of the revised Treaty of Chaguaramus and the rules of origin 
as applied in Article 84 of the said treaty.  Th e treaty was submitted to  the WTO for Article XIX 
scrutiny. WT/TPR/M/190/Add.1 
Page 52  
 
GOVERNMENT OF ST. KITTS AND NEVIS 
 
RESPONSES TO QUESTIONS BY THE UNITED STATES 
 
1. How does the government apply its customs se rvice charge so as to be limited to the 
approximate cost of services rendered, as requi red by GATT Article VIII?  Does the government 
intend any changes in the charge so s to ensure that it is limited to the approximate cost of services rendered?  
The issue of revenues collected from tr ade transactions is a crucial one for St. Kitts and Nevis.  It has 
been established that close to 50% of overall governme nt revenue results from international trade taxes, 
hence any move which could result in a reduction of  such must be taken with due caution. 
 Government of St. Kitts and Nevis, like its collea gue members of the OECS is undertaking the process 
of tax reform. This reform process will include all ta xes related to international trade.  The object of 
these measures is to make them comp liant with world trade rules.  
 
2. Does St. Kitts and Nevis intend any changes to how the consumption tax is levied on 
imports to ensure that it is applied on the same basis as it is on domestically produced goods? 
 
It is anticipated that the reform process indicated  above will seek to address the concern relating to 
national treatment. 
 
3. What steps is St. Kitts and Nevis taking to establish an SPS Enquiry Point ? 
 
The government will make an official notification to  the WTO Secretariat declaring the Department of 
Agriculture as the official SPS Enquiry Point. Offi cials from the Department of Agriculture have 
participated in meetings of the SPS Committee. Ther e exists at the national level a committee which 
meets on an ad hoc basis to discuss matters related to SPS.  The mechanism is therefore already in 
place. The outstanding action regarding the notification of the official enquiry point will be taken by 
the end of 2007.  4. How is St. Kitts and Nevis currently evaluating new draft measures prior to 
implementation? 
 
All matters relating to new SPS measures are usually initiated by the Department of Agriculture. The 
issue is then discussed at the level of the nationa l SPS Committee.  A submission is then made to the 
Cabinet, followed by an official announcement in the Official Gazette and the media.  
 
5. Which government agency was responsible for maintaining the inventory of measures in 
force prior to 2001?. Is it the intention of this authority will continue to attempt to collect 
measures in place since that year? 
 The Department of Agriculture is the authority r esponsible for maintaining the inventory of measures 
in force prior to 2001.  
6. How does the government handle complaints  and other trade issues with its trading 
partners who are not members of the OECS or CARICOM? 
 
Complaints initiated at the domestic level are made  to the Ministry of Industry, Commerce and 
Consumer Affairs.  This is generally done thr ough the channel of the Chamber of Industry and 
Commerce. An investigation is then undertaken invol ving relevant stake holders.  A report is then 
appended to a submission made to Cabinet for its approval. 
  WT/TPR/M/190/Add.1 
 Page 53 
 
 
Complaints from Third countries are usually addressed using diplomatic channels, or by direct contact 
to the government department in the offending count ry which is responsible for trade.  After an 
investigation is conducted a re port is submitted to Cabinet outlining all the possible options.  A 
decision is then made, and is published in the official gazette and the media. 
 
7. Which ministries are involved in food safety  regulation and standards? What role do they 
play in creating legislation, monitoring, and enforcement? 
 
The Ministry of Health, and the Bureau of Standards,  are the responsible agencies for matters related to 
food safety regulation and standards.  The Bureau of  Standards falls under the Ministry of Industry, 
Commerce and Consumer Affairs.  Th ese agencies play an active role in initiating legislation, usually 
with assistance from the CARICOM Legal Drafting Fac ility, or other internati onal organisation.  The 
draft legislation is then prepared  by the Ministry of Legal Affair s, and is debated in Parliament. 
Provision is made for public discussion on all pieces of legislation.  The Ministry of Health, The Consumer Affairs Department, ar e responsible for monitoring, wh ile the same two agencies obtain 
assistance from the Police and Customs Department fo r enforcement of regulations and standards.  
 
8. What steps will the Investment Promotion Agency take to “actively encourage foreign 
and domestic enterprise creation?” 
 
A complete update on this matter will be provided within 30 days 
 
9. What is the status of the internal consultations on protection of undisclosed information? 
 
A complete update on this matter will be provided within 30 days 
 10. Please explain whether the [Geographic Indica tions] legislation provides for the refusal of 
a geographical indication in cases of an earli er protected and confusingly similar trademark. 
 
A complete update on this matter will be provided within 30 days 
 
11. What steps is your government taking to ensure that the copyright terms of protection 
provided for under the Copyright Act are in line with the TRIPS Agreement? 
 
A complete update on this matter will be provided within 30 days 
 
12. Please describe the provisions of the Copyri ght Act that relate to Articles 14(1)-(5) of the 
TRIPS Agreement?  
A complete update on this matter will be provided within 30 days 
 
13. It appears that St. Kitts and Nevis has not yet submitted to the WTO Checklist on Enforcement. Does it intend to do so? If so, when? 
 
Same as above  
14. Is Customs authorized under the 2002 trademark legislation to seize goods ex officio, or is 
the right holder required to file an application? 
 
Same as above 
 WT/TPR/M/190/Add.1 
Page 54  
 
15. Is Customs authorised under the Copyright Act to seize goods ex officio, or is the right 
holder required to file an application?  
Same as above 
 
GOVERNMENT OF ST. KITTS AND NEVIS 
 
RESPONSES TO QUESTIONS BY CANADA 
 
The Secretariat Report notes that “all agricultural pr oducts grown in St. Kitts and Nevis, as well as 
produce of CARICOM origin are exempt from the c onsumption tax”. The preceding information in the 
same paragraph stated that both im ports and domestic products are subject  to a consumption tax. If this 
is the case, then this exemption for domestic agricultur al products would appear to be a violation of the 
principle of national treatment.  Q25. Could the Government of St. Kitts and Nevis clarify this question?  
St. Kitts and Nevis recognises provides support to the ag riculture sector comprise of resource poor rural 
farmers of low incomes. While the consumption ta x is intended is intended to be applied in anon-
discriminatory manner, the low level of income, sma ll size and disorganized nature of these holdings 
(less than one and half acres) constitutes a particul ar challenge to our tax authorities. The tax yield 
through pursuing tax compliance of these smal l nascent producers can not justify resource 
concentration by the tax authorities in pursuing what  can only be described as miniscule tax revenue. 
Accordingly, these small resource poor farmers receiv e a de facto exemption from the consumption tax.  
 
III. Trade Policies and Practices by Measure; (3) Measures Affecting Production and Trade; 
(V) Intellectual property rights. Page 25, paragraph 136:  
According to the Secretariat’s Report for St. Kitts  and Nevis, “[i]n March 2007, Parliament approved 
the Geographical Indicators Act No. 6 of 2007”.  
Q26. Canada would be grateful for additional information on the scope and level of protection 
granted to geographical indications under the Act.   
Information on this particular matter will be pr ovided within the next thirty (30) day period. 
 
IV. Trade Policies by Sector; (3) Services; (ii) Telecommunications; page 31, paragraph 161: 
 
The Secretariat Report indicates that St. Kitts an d Nevis did not participate in the extend WTO 
negotiations on basic telecommunications services,  which included the Reference Paper on basic 
telecommunications. 
 
Q27. Does St. Kitts and Nevis intend to take on  those additional commitments in the current 
round of negotiations?  
St. Kitts and Nevis has engaged in a significa nt degree of autonomous liberalisation in the 
telecommunications sector, within the framework of the Eastern Caribbean Telecommunications 
regulatory body (ECTEL). Further commitments will be made commensurate with our capacity to 
effectively regulate such commitments. 
 
Q28. Are there any specific parts of the Reference Paper that make it particularly difficult for 
St. Kitts and Nevis to take on those commitments? 
 A detailed response will be provided with a thirty day time frame.  WT/TPR/M/190/Add.1 
 Page 55 
 
 
GOVERNMENT OF ST. KITTS AND NEVIS 
 
RESPONSES TO QUESTIONS BY THE EUROPEAN COMMUNITIES 
 
Rules of Origin 
WTO Secretariat’s Report, page 12, para. 61 
 
1. Could St. Kitts and Nevis confirm the time frame for notifying its rules of origin? 
 
St. Kitts and Nevis is party to the Revised Treaty of Chaguaramas, which is the legal basis for the 
Caribbean Community (CARICOM). The rules of orig in for this regional trading arrangement have 
already been notified to the WTO.  
Trade Policies and Practices by Measure 
(3)  Measures affecting Production and Trade 
(iii) Incentives and assistance  
WTO Secretariat’s Report, page 23, para. 118  We note that there are sector-speci fic incentives for tourism, as incl uded in the Income Tax Act No. 17 
of 1966 and the Hotels Aid (Amendment) Act (1998).   Tax waivers are also granted on a case-by-case 
basis to foreign investors for the construction of  infrastructure, with preference given to the 
construction of hotels, casinos, and villas. 
 
4. Could St. Kitts and Nevis inform about these sector-specific incentives?  
 WTO Secretariat’s Report, page 23. para. 121 
 The Secretariat’s report states that St. Kitts and Nevis plans to establish and Investment Promotion 
Agency (IPA) to enact as a one-stop sh op for local and foreign investors. 
 
5. Could St. Kitts and Nevis indicate when this Agency will be operational? 
 
The preparatory work for the establishment of the Investment Promotion Agency (IPA) is still in 
progress. Further details regarding this project will be provided as soon as it becomes available.  
 
OVERVIEW REPORT BY THE SECRETARIAT 
 
OECS-WTO MEMBERS 
 
SVG RESPONSES TO THE UNITED STATES OF AMERICA 
 WT/TPR/S/190/VCT 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1)  Measures Directly Affecting Imports (v)  Other Levies and Charges 
 Paragraph 75, Page 16:  The Secretariat’s report no tes that “St. Vincent a nd the Grenadines applies a 
customs service charge of 4% on the c.i.f. value of imports, in addition to tariffs.”  GATT Article VIII, Fees and Formalities with Impor tation and Exportation states, inter alia , that: 
 
 “All fees and charges of whatever character (other than import and export duties and other 
than taxes within the purview of Article III) imposed by contracting parties on or in connection with WT/TPR/M/190/Add.1 
Page 56  
 
importation or exportation shall be  limited in amount to the approximate cost of services rendered and 
shall not represent an indirect protection to domestic pr oducts or a taxation of imports or exports for 
fiscal purposes.”  
Q.1. How does the government apply its customs service ch arge so as to be limited to the approximate 
cost of services rendered, as required by GATT Artic le VIII?  Does the government intend any changes 
in the charge so as to ensure that it is limite d to the approximate cost of services rendered? 
 
A.1. The Government of St.Vincent and the Grenadines recognize that this may be non-
compliant with our WTO obligations and as such we have included that as a part of our tax 
reform measures.  
Q.2. (vi) Import prohibitions, restrictions, and licensing 
 Paragraph 81, Page 19:  The S ecretariat’s report states that: 
 
“Import and Export (Control) Regulations No. 10 of  1992 (as amended by Act No. 18 of 1995 and Act 
No. 38 of 1998), prohibits the import of certain goods  without a licence.  The importation of jet skis 
and water bikes is prohibited.  Imports of arms, ammunition, camouflage clothing, and toy guns are 
allowed only with the permission of the Commissi oner of Police.  Imports of ozone-depleting 
substances and chemical weapons are also restricted .  Customs Control and Management Act No. 14 of 
1999, Third Schedule, makes provision for prohibition s and restrictions coveri ng goods such as swords, 
chain saws and tear gas.”  Q2. Why does the government prohibit the import of jet skis and water bikes without a license?  These 
products seem to bear no relationship to security, weaponry, or the military. 
 
A.2. Due to the history of reckless accidents and in  some cases fatal ones in volving local operators 
as well as foreigners, the Government has deemed it  necessary to place the prohibition on safety 
grounds.  
 
Q3. (ix) Sanitary and phytosanitary measures 
 
Paragraph 97, page 22:  The Secretariat Report st ates that the Plant Protection Act (PPA) No. 15 of 
2005, the main legislation on Phytosanitary issues, supersedes that of 1998 and has been notified to the WTO.   
Q3.1. Has St. Vincent and the Grenadines im plemented PPA No. 15?  If so, when? 
 
SVG RESPONSE 
 The PPA No.15 of 2005 was proclaimed by the Governor General on the 31
st July 2007. 
 
Q3.2.  Under the PPA No. 15, how does the Enquiry Point or National Notification Authority 
collaborate with your regulatory agencies to en sure that SPS measures are notified to the WTO? 
 
SVG RESPONSE 
 
This is done through a National Agricultural Health and Food Safety Committee of which the 
Plant Protection Unit is the Enquiry point and the Head of that Unit represents the country at the WTO with respect to SPS matters. 
 
Paragraph 99 on page 22:  The Secretariat Report st ates that the Ministry of Agriculture has drafted a 
bill to be read in parliament in 2007 on issu es regarding Agriculture Health and Food Safety.  WT/TPR/M/190/Add.1 
 Page 57 
 
 
Q.3.3.  When is the bill scheduled to be read in parlia ment?  What are the next steps in the legislative 
process?  
SVG RESPONSE 
 
The Bill is before Cabinet for consideration and is scheduled to be brought before Parliament 
and proclaimed in 2008.  
Q3.4.  Will the new bill regulate imports  as well as domestic food products? 
 
SVG RESPONSE 
 The Bill will regulate imports as well as domestic food products.  
Q3.5.  When and how will St. Vincent and the Gren adines notify the WTO of the new draft law? 
 
SVG RESPONSE 
 Notification would be subsequent to passage through Parliament and would follow the same 
process as the new PPA No.15 of 2005. 
 
(3) Measures Affecting Production and Trade (v) Intellectual property rights  
Paragraph 145, page 30:  The Secretariat Report states: 
 
“St. Vincent and the Grenadines h as not notified contact point(s) for intellectual property rights.  No 
existing legislation with respect to the protection of  intellectual property rights has been notified to the 
WTO.”  Q.When does your government plan to identify points of contact for intellectual property?  What are 
your government’s notification plans?  
 
SVG RESPONSE 
 The contact point for Intellectual Property is:  Commerce and Intellectual Property Office, Ground Floor,  
Methodist Building, Granby Street,  
Kingstown, St. Vincent and The Grenadines.   Concerning Notification, work towa rds the completion of this process is on-going and it is 
expected that by the end of 2007, a complete noti fication package on intellectual property will be 
forwarded to the WTO. 
 
(b) Patents and (c) Industrial Designs  Paragraphs 154 and 155, page 32, WTTPS190VCT: 
 
Q. What is the status of the Patents Act of  2004 and the Industrial Designs Act of 2005? 
 
SVG RESPONSE 
 The regulations in relation to both pieces of le gislation are currently being reviewed and it is 
expected that they will come into force before the end of 2008.  WT/TPR/M/190/Add.1 
Page 58  
 
(d) Copyright  Paragraph 156 of document WT/TPR/S/190/VCT:  Q. What steps is your government taking to ensure that the Copyright Act is in line with the TRIPS 
Agreement, including Article 12 and Articles 14(1)-(5)? 
 
SVG RESPONSE 
In relation to Article 12: Following are the terms of protection for each category of work:  
 
 
In relation to Article 14:  Section 103 (1) of the Copyright Act declares that a performer’s rights are infringed by a person who, without the performer’s consent  
(a) makes, other than for his private or domest ic use, a recording of whole or any substantial 
 part of a qualifying performance (b) broadcasts live, or includes live in a cable programme a recording of the whole or a  substantial part of a qualifying performance (c) Infringes his right of distribution or right of making available to the public a fixed 
 performance by wire or wireless means 
 The owner of Copyright in a sound recording has the right of reproduction, the right to authorize reproduction of a work and the right to prohibit reproduction: s.7.  The owner of Copyright in a broadcast has the right of reproduction, the right to authorize 
reproduction of a work and the right to prohibit  reproduction.  The copyright owner also has the 
right to authorize and the right to prohibit, broadcasting of the work and the communication to the public: s.7.  Category of work  Term of Protection  
Literary, dramatic, musical or artistic works of known 
authorship remainder of the life of author afte r creation of the work plus 75 years 
from the end of the calendar year in which the author dies 
Literary, dramatic, musical or artistic works of unknown 
authorship 50 years from the end of the calendar year in which the work is made 
Computer generated works  50 years from the end of  the calendar year in which the work is made 
Sound recordings and films 50 years from the end of the calendar year in which the recording or film 
was made or where it is made availa ble to the public before the end of 
that period, 75 years from the year in  which it was made available to the 
public 
Broadcasts and cable programmes 50 years from the end of calendar year in which the broadcast was made 
or the programme included in a cable programme service 
Typographical arrangements of published ed itions 25 years from first publication  
Performances 75 years from the end of the calendar year in which the performance 
takes place 
Literary, dramatic, musical or  artistic works first published 
by or under the direction or control of a prescribed 
international organisation 50 years from the end of the calendar year in which the work was made 
or such longer period as the Minister may specify by order  WT/TPR/M/190/Add.1 
 Page 59 
 
 
The owner of Copyright in a sound recording has th e right of rental, the right to authorize rental 
of a work and the right to prohibit rental: s.7  The term of protection for performers is 75 years from the end of the calendar year in which the 
performance takes place. 
 
The term of protection for sound recordings is 50 years from the end of the calendar year in 
which the recording was made or where it is made  available to the public before the end of that 
period, 75 years from the year in which it was made available to the public.  
The term of protection for broadcasts is 50 year s from the end of calendar year in which the 
broadcast was made. 
 
(e) Other intellectual property rights  
Paragraph 158, page 33: 
 Q. The Secretariat Report notes that St. Vincent does not  protect undisclosed information, or new plant 
varieties.  What is the status of efforts to prov ide legislation that protects each of these forms of 
intellectual property? 
 
SVG RESPONSE  
 A bill for the protection of new plant varieties has been drafted and is currently under review 
and may come into force before the end of 2008.  
No legislation has yet been drafted in relation to undisclosed information and there is no clear 
indication yet of Government’s position on it.  
 (f) Enforcement 
 
Paragraph 159, page 33:  
Q. The Secretariat advises that “St. Vincent and the Grenadines has not submitted the WTO checklist 
of issues on enforcement.”  When does your government plan to make its submission?   
SVG RESPONSE  
 
The checklist of issues on enforcement has not been received. 
 
Paragraph 161, page 33:  Q. What is meant by "locally registered trade mark"?   Is enforcement only available to marks owned by 
citizens of St. Vincent and the Grenadines? 
 
SVG RESPONSE 
 
Trade mark rights are conferred across the board to  both citizens and non-nationals who register 
locally.  Similarly, enforcement measures/pr otection are available across the board. 
 WT/TPR/M/190/Add.1 
Page 60  
 
WTO TRADE POLICY REVIEW OF DOMINICA 
 
QUESTIONS RAISED BY CANADA 
 IV. Trade Policies by Sector;  (3) Services;   (v) Tourism; page  4, paragraph 243: 
 
The report indicates that “The Tourism (Regulations and Standar ds) Act (No. 19, 2005) provides for 
the creation of a Quality Assurance Unit to develop and monitor standards fo r the tourist industry…”   
 
Q16. What kinds of standards are being contemplated for development? 
 
The Nature Island Standard of Excellence (NISE)  Programme focuses on tourism product development 
standards to promote competitiveness in tourism industry, to work with certification bodies and to develop environmental standard prac tices.  Nine (9) compulsory standards have been developed in the 
following areas. 
 
1. Accommodation 2. Travel Agents 3. Water Sports Operation 4. Food and Beverage Operation 5. Taxi Drivers 
6. Tour Operators 
7. Tour Guides 8. Vendors of crafts merchandise 9. Car rentals 
 
__________