WT/TPR/S/242 Trade Policy Review 
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III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) INTRODUCTION  
1. Tariffs and other duties and charges remain Ja maica's main trade policy instrument.  The 
Government generates a substantial share of its central revenue from taxes and charges on imports, 
which are seen as critical in the light of the country's st ructural fiscal deficit.  International trade taxes 
have averaged between 27% and 28% of total tax revenues during the review period with the general 
consumption tax on imports and customs du ties accounting for most of the revenue. 
2. Jamaica's tariffs are based on CARICOM's CET;  they are relatively high, and have increased 
in the past few years.  The average MFN tariff was 9.4% in 2010, up from 8.6% in 2004, when 
Jamaica's second Trade Policy Review was held.  This  reflects to a large extent the increase of 
between 10 and 25 percentage points in the CET ra tes for certain products classified as luxury goods.  
Protection is higher for agricultural products and the tariff structure shows escalation.  During the 
Uruguay Round, tariffs for industria l products were bound at 50%, those for agricultural products at 
100%, and other duties and charges at 80%.  The latter include stamp duties levied only on certain imports (e.g., agricultural products, alcoholic beverages, tobacco), which can be as high as 90% in 
some cases.  The gap between app lied and bound tariffs remains wide. 
3. Jamaica does not apply quantitative restrictions on imports, but non-automatic licences are 
needed for certain imports, particularly motor vehicles and some agricultural products.  Customs 
valuation procedures currently follow the WTO Agreem ent, except for used motor vehicles, cycles 
and equipment.  Valuation problems seem to pers ist, mainly due to under-invoicing.  Jamaica has 
been adopting technical regulations, which it is in  the process of harmonizing with other CARICOM 
members. 
4. Jamaica applies a wide range of producti on and incentive schemes, including export 
incentives.  The majority of these schemes include  tax concessions and duty-free access for imports of 
inputs and capital goods.  Jamaica has notified to the WTO four programmes as containing export subsidies (the Export Industry Encouragemen t Act (EIEA), Industrial Incentives (Factory 
Construction) Act, Foreign Sales Corporation Act,  and Jamaica Export Free Zones Act).  Jamaica is 
now expected to eliminate its export subsidies by end 2015. 
(2) M
EASURES DIRECTLY AFFECTING IMPORTS  
(i) Customs 
5. The Jamaica Customs Department, part of the Mini stry of Finance and the Public Service, is 
governed by the Customs Act and Regulations.  It is responsible for,  inter alia,  the collection of 
customs duties and all other relevant taxes on impo rts;  combating drug trafficking and enforcing 
prohibitions and restrictions of other imports a nd exports;  detecting a nd apprehending persons 
engaged in fraudulent practices designed to circ umvent customs-related laws;  and protecting 
Jamaica's industries, labour, and intellectual property rights by enforcing Jama ica's laws intended to 
prevent illegal trade practices, including provisions related to quotas, anti-du mping and by providing 
customs records for copyrights, patents, trademar ks.  While Customs does not carry out mandatory 
preshipment inspections, the Contraband Enforc ement Team randomly conduct the exercise. 
(a) Procedures 
6. The documents required for the importation of go ods include a supplier invoice, certificate of 
origin, bill of lading, airway bill and other shipping documents, a declaration of value, and an import Jamaica WT/TPR/S/242 
 Page 31 
 
 
license and/or permit, if necessary (certain products  may also require phytosanitary certification).  
When goods arrive in Jamaica, the relevant docum ents are submitted to the Customs authorities.  
Duties must be paid before the goods may be cleared into the country.  The importer may also be required to present a tax compliance certificate, a Business Enterprise Number (BENO), and a 
Taxpayer Registration Number (TRN). 
7. Imports for US$3,000 f.o.b. or under may be cl eared directly by the importer using Customs 
entry form C78X.  Imports exceeding US$3,000 f.o.b. must be cleared using form C87;  and imports for US$5,000 f.o.b. and over should use form C87 along with a licensed customs broker (who must be 
a Jamaican resident).  Customs' main goal is to maximize border protection with a range of tools to 
foster voluntary compliance.  Under the Selected  Importation Inspection System (SIIS), now called 
the Authorized Economic Operator (AEO) system, im porters without a record of customs violations 
are allowed to import without inspection,  but may undergo random examination. 
8. In order to maximize the collection of relevant  revenues, increase the confidence of traders, 
and attract investors, the Jamaica Customs Departme nt is of the view that it needs to improve the 
quality of its service and ensure that controls are e ffective, efficient, transparent, and aid in the 
uninterrupted movement of legitimate internati onal trade.  Improvements in customs and trade 
facilitation procedures and the removal of bottleneck s may also have a positive impact on the high 
cost of doing business in the country.  According to  World Bank figures for 2010, it takes more days 
to export from and import to Jamaica than the La tin America and Caribbean average (Table III.1).
1  
The cost of exporting, and the import and export tim es are higher than the regional average, although 
the cost and number of documents required to import are below the regional average. 
Table III.1 
Cost of doing business, 2010 
Indicator Jamaica Latin America and the Caribbean 
Documents to export 6 6.8 
Time to export (days) 21 18.6 
Cost to export (US$ per container) 1,750 1,243 
Documents to import 6 7.3 
Time to import (days) 22 20.9 
Cost to import (US$ per container) 1,420 1,481 
Source:    World Bank (2009), Doing Business 2010:  Jamaica .  Viewed at:  www.doingbus iness.org/Documents/ 
 CountryProfiles/JAM.pdf. 
(b) Customs valuation 
9. In 2003, Jamaica began to apply the WTO Cust oms Valuation Agreement and to use the 
WTO definition of transaction value.  The previous TPR report noted that, according to the authorities, the incidence rate for false invoicing ranged from 50% to 70% for imports of clothing, electronics, motor vehicles, fresh fruits, vegetables, and spirits and liquor.
2  According to Customs, it 
is difficult to estimate the current volume of false/under invoicing due, inter alia , to language barriers 
and perceived supplier/importer collu sion.  Valuation problems, however, still appear to be serious.  
Customs estimates that J$5.2 b illion was lost due to under-invoici ng in 2008.  For the period 
April 2008 to March 2009 Customs raised an a dditional assessment of J$241 million through post 
audits and referrals for revaluati on.  Through its risk management and intelligence system, Customs is 
                                                      
1 World Bank (2009). 
2 WTO (2005).   WT/TPR/S/242 Trade Policy Review 
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targeting these imports for screening/profiling, in vestigation, and enforcement.  A functional 
valuation database – the Valuation Intelligence Ri sk Management System (VIRMS) is in place. 
10. If Customs has reasonable doubts about the truth or  accuracy of the declared value, it may be 
deemed that the customs value of the imported goods cannot be determined by the transaction value 
method.  Customs has the right to reappraise th e value based on objective and quantifiable data 
(e.g. use of previously accepted values).  Customs st rives to establish good working relationships with 
Customs officials in some major trade partners, but  is aware that more s hould be done to formalize 
these linkages to help combat revenue fraud. 
11. Jamaica is seeking to improve its customs inspection and evidence-gathering procedures to 
combat the problem of undervaluation by importers, ma inly through revision of relevant parts of the 
Customs Act.  The Customs Bill, which seeks to strengthen the evidence-gathering capacity of the 
Jamaica Customs Department, has been passed in the House of Representatives. 
12. In the case of disputes over the duty demanded,  customs decisions may be appealed to the 
Assistant Commissioner of Valuation and to the Ta xpayer Appeals Department or to the Courts.  
Importers have the right to request a review from th e Valuation Department and, if necessary, to have 
the case reviewed by the Taxpayers Appeals Depa rtment within 30 days of receiving the Customs 
department's decision (Section 19(4) of the Custom s Act).  For the period April 2005 to March 2006, 
there were 575 internal reviews, of which 63% were upheld, 35% produced a reverse of the 
assessment, and roughly 2% were with drawn;  none exercised their right of further appeal to the 
Taxpayer Appeals Department.  For 2009/10, 475 in ternal reviews were held, of which 240 were 
upheld, 88 reduced, 126 rolled back, and 21 withdrawn. 
13. An Internal Review committee is in place to asse ss the justification for valuation decisions.  
Senior officials from outside the valuation unit ar e placed on the Committee to ensure transparency.  
The majority of the internal reviews have been  upheld (roughly 55%), a smaller number reduced 
(25%) and around 20% reversed.  Hearings at th e Taxpayer Appeals Departments average 3-4 per 
month.  During August 2009-March 2010, 25 heari ngs were held;  four resulted in the Customs 
decision being upheld, seven were re duced in assessment, two were rolle d back to the declared value, 
and the others are pending a decision. 
(c) Rules of origin 
14. Jamaica notified the WTO in 1995 that it does not maintain any non-preferential rules of 
origin and has not made any such judicial decisions or administrative rulings of general application.  
Jamaica has not notified any new rules of origin during the review period. 
15. Preferential rules of origin apply to impor ts from other CARICOM countries and countries 
with which Jamaica has concluded bilateral preferential agreements, as part of CARICOM.  Goods 
are treated as being of CARICOM origin if they  have been wholly produced within the Common 
Market, or they have been produced within the Common Market wholly or partly from materials 
imported from third countries, provided substan tial transformation has taken place within the 
Common Market.  The substantial transformation re quires that goods should be classified under a 
different tariff heading than the materials utilized.  For most agricultural products, origin is conferred 
only if the good is wholly produced within CARICOM or is produced using regional materials.  The Jamaica WT/TPR/S/242 
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EPA rules of origin are also significantly more fl exible than the Cotonou Agreement in the areas of 
textiles and clothing and offer improvements in agriculture and fisheries.3 
(ii) Tariffs and other duties and charges 
(a) Revenue aspects 
16. Tariffs and other duties and charges remain Jamaica's main trade policy instrument.  A 
substantial share of the Government's central reve nue is generated from taxe s and charges on imports, 
which are seen as critical given the structural fiscal de ficit (Table III.2).  International trade taxes have 
averaged 27% to 28% of total tax revenues during th e review period:  the ge neral consumption tax on 
imports and customs duties accounts for most of the revenue.  Tariffs make an  important contribution 
to government revenue, and in recent years have  accounted for 7-9% of  total taxation revenue. 
Table III.2 
International trade taxes as share of total tax revenue, 2005-10 
(Per cent) 
Type 2005/06 2006/07 2007/08 2008/09 2009/10 
Customs duty 9.5 9.0 8.7 8.4 7.1 
GCT (imports) 11.7 12.9 13.3 11.9 10.8 
SCT (imports) 5.2 4.9 4.1 5.8 8.8 
Stamp duty and travel tax 1.8 1.6 1.6 1.2 1.2 
Total 28.2 28.4 27.7 27.3 27.9 
Note:  Since 1991, the general consumptio n tax (GCT) and special consumption tax  (SCT) have replaced several duties and taxes, 
e.g. excise duty, CARICOM duty, consum ption duty, entertainment duty, retail sales tax, hotel accommodation tax, and 
telephone service tax.  GCT is paid on goods and services except those items that are zero-rated and those exempted from GCT.  
SCT is payable on alcoholic beverages, most tobacco products, and some petroleum products.  Regarding stamp duty, postage 
stamps amounting to the value of J$5 must be affixed to receipts with a c.i.f. value of J$5,500 and less.  For receipts with va lues 
above this range, J$100 worth of stamps must  be affixed.  Additional stamp duty is payable on certain items , e.g. chicken and 
most chicken parts, pork and some pork products, beef and some  beef products, some aluminium products, alcoholic beverages, 
and cigarettes. 
Source:   Secretariat calculation, based on the Ministry of Finance and the Public Service budget figures. 
17. Tariffs, like other taxes, can be increased only by the House of Representatives.  Section 5(1) 
of the Customs Act gives the House of Representativ es the legal authority to impose import or export 
duties and to revoke, reduce, increase or alter these duties.  Taxes may be increased or reduced via 
provisional orders signed by the Minister of Fina nce but these are temporary and would have to be 
brought into law subsequent to approv al in the House of Representatives. 
18. Regarding the cost of various exemptions, waiv ers, data supplied by the authorities suggest 
that waivers amounted to more than half of tr ade tax revenue in 2007-08, over one third in 2008-09 
and one quarter in 2009/10 (Table III.3). 
                                                      
3 There is a general clause for a re view of these rules of origin with  a view to further simplifying them 
in the light of CARIFORUM development needs.  Under Cotonou, garments had to undergo double 
transformation (i.e. from yarn to cloth and from cloth to garments) to  receive preferential access.  The EPA 
allows single-step transformation, meaning CARIFORUM countries may import cloth from world suppliers to manufacture garments and export them duty free to Europe. WT/TPR/S/242 Trade Policy Review 
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Table III.3 
Jamaica Customs Department:  tax revenue  collected, waivers, and incentives, 2005-10 
(J$ billion) 
 2005-06 2006-07 2007-08 2008-09 2009-10 
Total revenuea 45.9 53.6 60.9 67.3 74.5 
Import duty 15.3 16.8 19.2 20.8 19.0 
Waiversb 19.7 29.3 38.9 24.6 18.7 
Waivers' share of revenue (%) 42.9 54.6 63.9 36.6 25.1 
Incentivesc 6.9 7.9 10.3 2.2 6.3 
a Consists of import duty, general consump tion tax, special consumption tax, consum ption duty, stamp duty, and travel tax. 
b Remission of customs duties to persons/institutio ns, which can only be granted by the MOFPS. 
c Concessions granted upon application for specific purposes under the Incentives Act (1968). 
Source:   Data provided by Jamaica Customs. 
19. At the start of the review period, the Ma talon Report found that the weighted average 
"collected" rate on tariffs for FY 2002/03 was around 5%4, while the weighted average applied rate 
was about 10%.  This implied that, ignoring the im pact of under-reporting or non-reporting of imports 
through evasion, only about half of revenue pot ential was being realized due to waivers and 
remissions of duty.  In FY 2008/09, the weighted  average "collected rate" was about 4% whilst the 
applied rate remained at about 10%.  The relativel y lower effective collected tariff rate could be 
indicative of a trend as it relates to the pervasive ness of exemptions and incentives over the review 
period.  The Tax Reform Committee, which produ ced the report, proposed consideration of the 
elimination of duty remissions for imports and a un ification of the collected tariff rates at a level 
closer to the applied rate.  In order to identif y the discretionary waivers for elimination, the 
Committee suggested that the Government carry out a line-by-line check of the system of 
several thousand remissions. 
20. To help combat the fiscal deficit, the Govern ment is preparing to reform the system of 
waivers.  As noted in Chapter I, in the Gove rnment's 2010 request to the IMF for a stand-by 
arrangement, it says it is committed to significantly  scaling back and/or freezing the granting of 
discretionary waivers on all duties and taxes (customs duties, ASD, GCT, SCT, etc.) in order to 
reduce distortions.  The Government intends to  announce a strategy for further reform by 
end-December 2010. 
21. An integrated approach is needed to address Jamaica's fiscal deficit.  Trade policy is a 
component and certain policies need to be examin ed, including tax and customs tariffs exemptions, 
which may be costly in terms of tax revenue forgone.  A further concern for Jamaica is that additional 
prospective tariff cuts or tariff elimination thro ugh trade agreements such as the EPA could, over 
time, significantly reduce revenues generated from im ports.  The relatively long phasing period under 
the EPA provides the Government with some time to  find ways of mitigating the tariff revenue losses.  
The challenge is to integrate tariff cuts with add itional tax reforms to offset  any revenue shortfalls. 
(b) MFN tariff structure 
22. Jamaica grants at least MFN treatment to all trad ing partners.  It has been applying the fourth 
(and most recent) phase of CARICOM's CET since Ja nuary 1999.  The Jamaican schedule is based on 
the Harmonized Commodity Description and Coding System (HS), and was recently updated to the 
HS 2007 classification.  Jamaica's schedule comprise s 6,856 lines at the ten-digit level, representing 
                                                      
4 Ministry of Finance and the Public Service (2004).  As part of its remit, the Committee was tasked 
with examining the levels of incentives, exemptions, conc essions, waivers, etc., to as certain whether these could 
be simplified and tailored to meet the Government's development goals. Jamaica WT/TPR/S/242 
 Page 35 
 
 
an increase of disaggregation from the maximum eight digits used in 2004.  The tariff has 11 tiers, 
with rates of 0, 5, 10, 15, 20, 25, 30, 40, 50, 75, and 100%, compared with 9 tiers at the time of the previous Review.  All tariffs are ad valorem , levied on the c.i.f. value of the import.  No seasonal 
tariffs or tariff quotas are used (Table III.4). 
Table III.4  
Structure of the tariff schedule, 2004 and 2010 
(Per cent) 
  2004 2010 
1. Total number of tariff lines 6,439 6,856 
2. Non- ad valorem  tariffs (% of all tariff lines) 0.0 0.0 
3. Non- ad valorem  with no AVEs (% of all tariff lines) 0.0 0.0 
4. Tariff quotas (% of all tariff lines) 0.0 0.0 
5. Duty-free tariff lines (% of all tariff lines) 60.5 57.9 
6. Dutiable lines tariff average rate (%) 21.7 22.4 
7. Domestic tariff "peaks" (% of all tariff lines)a 8.3 10.4 
8. International tariff "peaks" (% of all tariff lines)b 28.5 29.1 
9. Bound tariff lines (% of all tariff lines) 100.0 100.0 
a Domestic tariff peaks are defined as those exceed ing three times the overall average applied rate. 
b International tariff peaks are defined as those exceeding 15%.  
Source:    WTO Secretariat calculations, based on data provided by the authorities of Jamaica.  
23. The exceptions to the CET in respect of Jamai ca's obligation are included in Lists A and C, 
which refer to items on which suspension of the CET for an indefinite period has been granted under 
Article 32 of the Common Market Annex, and items  on which a minimum CET rate has been agreed, 
but where members states have the freedom to apply higher rates. 
24. The 2010 simple average applied MFN tariff is  9.4%, up from 8.6% in 2004 (Table III.5), 
which may be due partly to changes that occurre d when the HS nomenclature was transformed to 
HS 2007.  Tariff rates range from 0% to 100% for agricultural products (WTO definition), and from 
0% to 50% for non-agricultural products.  On av erage, tariff protection for agricultural products 
remains substantially higher than for non-agricult ural products, at 19% and 7.3%, respectively.  
Product groups with relatively high average tariffs  include animals and animal products, fish and 
fishery products, diary products, fruits and vegetables, and beverag es and tobacco.  Since Jamaica's 
last Review, tariffs have been increased on:  transport equipment (by 6.3 percentage points on 
average), dairy products (+5.9), animals and animal  products (+2.7), tobacco (+2.6), fish and fishery 
products (+1.1).  Most recently, effective 1 Ja nuary 2010, the CET on certain luxury items was 
increased by between 10 to 25 percentage points, fo r example large plasma/LCD televisions (20% to 
40%), all terrain vehicles (40% to  50%), guns (30% to 50%), yachts and other pleasure boats (20% to 
40%), and jewellery (30% to 50%). 
25. Stamp duties are generally applied on agricultu ral products.  When additional stamp duties 
are taken into account, the overall average border pr otection rises from 9.4% to 11.5%.  While the 
average for non-agricultural products rises from 7.3%  to 7.4%, for agricultural products (WTO 
definition) it rises from 19% to 30.4%.  The highest stamp duties appear to be:  90% (5 lines) for 
certain vegetables (onions, beans, ground nuts);  86%  (18 lines) for edible vegetables;  80% (12 lines) 
for meat and edible vegetables;  77% (2 lines) for meat and 70% (17 lines) for cereals, products of the 
milling industry, grains and residues from the food industry. WT/TPR/S/242 Trade Policy Review 
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Table III.5 
Summary analysis of the MFN tariff, 2010  
MFN Description 
No. of 
lines Average 
(%) Range 
(%) Coefficient 
of variation 
(CV) MFN incl. 
stamp 
duty Final bound 
averagea 
(%) 
Total 6,856 9.4 0-100 1.4 11.5 52.3 
HS 01-24 1,326 21.2 0-100 0.9 31.6 91.7 
HS 25-97 5,530 6.6 0-50 1.5 6.6 43.9 
By WTO category       
WTO agriculture 1,219 19.0 0-100 1.0 30.4 98.2 
Animals and products thereof 175 27.1 0-100 0.8 42.5 100.0 
Dairy products 27 22.8 0-75 1.0 26.7 100.0 
Coffee and tea, cocoa, sugar, etc. 187 17.2 0-40 0.9 19.8 100.0 
Cut flowers, plants 61 8.5 0-40 1.8 8.5 98.2 
Fruit and vegetables 332 25.3 0-100 0.8 42.2 100.0 
Grains 40 11.0 0-40 1.2 29.4 100.0 
Oil seeds, fats and oils, and th eir products 110 13.8 0-40 1.3 26.8 100.0 
Beverages and spirits 127 23.7 0-40 0.5 42.2 100.0 
Tobacco 14 23.6 0- 30 0.5 43.6 100.0 
Other agricultural products n.e.s. 146 2.6 0-40 2.8 3.6 87.6 
WTO non-agriculture (incl. petrol eum) 5,637 7.3 0-50 1.5 7.4 43.4 
WTO non-agriculture (excl. petroleum) 5,607 7.3 0-50 1.5 7.4 43.3 
Fish and fishery products 185 27.3 0-40 0.6 27.3 50.6 
Mineral products, precious stones, and 
precious metals 399 8.2 0-50 1.4 8.2 49.2 
Metals 773 3.3 0-20 2.0 3.6 45.6 
Chemicals and photographic supp lies 1,075 4.1 0-40 1.9 4.1 27.8 
Leather, rubber, footwear, and travel 
goods 181 7.3 0-30 1.3 7.3 41.7 
Wood, pulp, paper and furniture 334 7.8 0-20 1.1 7.8 48.5 
Textile and clothing 915 8.5 0-25 1. 2 8.5 49.7 
Transport equipment 361 12.7 0-50 1.2 12.7 48.3 
Non-electric machinery 595 2.2 0-25 2.7 2.2 39.5 
Electric machinery 276 7.6 0-40 1.4 7.6 46.9 
Non-agriculture articles n.e.s. 513 12.2 0-50 0.9 12.2 50.0 
Petroleum 30 7.5 0-25 0.9 7.5 50.0 
By ISIC sectorb       
Agriculture and fisheries 483 21.8 0-100 1.0 30.1 85.5 
Mining 109 2.6 0-30 2.8 2.6 47.6 
Manufacturing 6,263 8.6 0-100 1.4 10.2 50.0 
By HS section       
01 Live animals and products 363 27.4 0-100 0.7 34.0 78.9 
02 Vegetable products 507 18.9 0-100 1.1 32.2 96.5 
03 Fats and oils 53 25.3 0-40 0.7 39.3 97.1 
04 Prepared food, etc. 403 17.9 0-40 0.6 27.7 97.2 
05 Minerals 194 4.2 0-40 1.6 4.2 48.4 
06 Chemical and prod. 1,010 3.8 0-40 2.0 3.8 28.4 
07 Plastics and rubber 245 5.9 0-30 1.4 5.9 43.6 
08 Hides and skins 81 7.5 0-20 1.3 7.5 55.9 
09 Wood and articles 133 8.8 0-20 0.9 8.8 46.9 
10 Pulp, paper, etc. 177 5.4 0-20 1.6 5.4 49.5 
Table III.5 (cont'd)Jamaica WT/TPR/S/242 
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MFN Description 
No. of 
lines Average 
(%) Range 
(%) Coefficient 
of variation 
(CV) MFN incl. 
stamp 
duty Final bound 
averagea 
(%) 
11 Textile and articles 902 8.1 0-20 1. 2 8.1 51.1 
12 Footwear, headgear 62 15.4 0-20 0.5 15.4 50.0 
13 Articles of stone 187 7.5 0-25 1.2 7.5 50.0 
14 Precious stones, etc. 62 19.9 0-50 0.8 19.9 50.0 
15 Base metals and prod. 765 3.7 0-20 1.9 4.1 45.5 
16 Machinery 893 4.2 0-40 2.0 4.2 42.1 
17 Transport equipment 372 12.5 0-50 1.2 12.5 48.4 
18 Precision equipment 242 8.4 0-30 1.3 8.4 50.0 
19 Arms and ammunition 24 35.4 0-50 0.4 35.4 50.0 
20 Miscellaneous manufacturing 172 14.2 0-20 0.5 14.2 50.0 
21 Works of art, etc. 9 20.0 20-20 0.0 20.0 50.0 
By stage of processing       
First stage of processing 918 17.1 0-100 1.2 22.5 73.5 
Semi-processed products 1,910 1.9 0-40 3.0 2.2 40.7 
Fully-processed products 4,028 11.2 0-100 1.1 13.3 53.5 
a  Bound rates are provided in HS96 classification and applied ra tes in HS2002;  therefore, there may be a difference between t he 
 number of lines included in the calculation. 
b  ISIC (Rev.2) classification, excluding electricity (1 line).  
Source:   WTO Secretariat estimates, based on data provided by the authorities of Jamaica. 
26. Just under 58% of all tariff lines are duty free (over 60% at the time of the pervious review), 
while 24% of the tariff ranges from 15% to 20% (Chart  III.1).  Some 8.2% of lines bear rates of 40%, 
and only 0.5% of lines have a tariff greater than 40% .  Tariff peaks (e.g. over three times the average) 
mainly affect fisheries and agricultural products, esp ecially meat, vegetables, coffee, fats and oils, 
sugar, and preparations of vegetabl es, fruits or plants.  Items subjec t to a duty rate of 100% (equal to 
the bound rate) comprise 11 lines of meat and edible m eat offal, and edible vegetables.  The 75% rate 
is applied to 3 lines of diary products and the 50% ra te is applied to 19 lines of dairy products, natural 
or cultured pearls, vehicles,  and arms and ammunitions. 
(c) Tariff bindings 
27. As a result of the Uruguay Round, Jamaica bound  100% of its tariff lines, with a current 
average rate of 52.32% (98.2% for agricultural products (WTO definition) and 43.4% for non-agricultural products).  Tariff rates on non-agricu ltural products were bound at a uniform rate of 
50% (with the exception of those previously bound at  the lower level).  In agriculture, Jamaica bound 
its tariffs at 100% (except for those previously bound  at the lower level).  In 2010, MFN applied rates 
exceeded their bound levels for certain non-agricu ltural products for which the rates were bound 
before the Uruguay Round;  for some items the gap is  over 10 percentage points (Table AIII.1).  Since 
these issues emerged pre-Uruguay Round, the Jamai can authorities rely on information from the 
WTO as no such data is accessible within Jamaica.  
 WT/TPR/S/242 Trade Policy Review 
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(0.2%) (0.0%) (0.3%) (0.9%)(17.8%)
(6.2%)(5.0%)(57.9%)
(1.9%) (1.7%)(8.2%)
05001,0001,5002,0002,5003,0003,5004,0004,500
Duty free 5% 10% 15% 20% 25% 30% 40% 50% 75% 100%0102030405060708090100Chart III.1
Frequency distribution of MFN tariff rates, 2010
Number of tariff lines %
Cumulative %
Number of lines (% of total)
WTO Secretariat calculations, based on data  provided by the authorities of Jamaica. Source :
 
(d) Tariff preferences 
28. Imports from other CARICOM countries are admitt ed duty free if they meet the rules of 
origin criteria, although the CARICOM Treaty allows  a few national exceptions (Schedule I) to this 
duty-free entry.  Specified imports from other c ountries with which CARICOM has entered into FTAs 
are also admitted duty free.  Imports from ot her CARICOM countries of products that are on 
Jamaica's list of exceptions are subject to the CET. 
29. Under the CARIFORUM-EU Economic Partne rship Agreement, Jamaica and other 
CARIFORUM countries are not obliged to begin redu cing tariffs on items subject to phased reduction 
commitments until 2011.  Tariffs continue to be a significant source of revenue for CARIFORUM 
states, which can reduce tariffs gradually on products from the EU in several phases, in order to allow 
time to find alternative revenue sources and for their industries to adjust to increased competition.  
Goods to be liberalized by CARIFORUM countries co mprise 61.2% of imports from the EU in value 
over 10 years (or by 2018), 82.7% over 15 years, and 86.9% over 25 years (or in 2033), covering 
90.2% of tariff lines (Table III.6). 
30. The main exclusions and long phase-in periods  for sensitive products include:  agricultural 
products (poultry and other meat, dairy products, cer tain fruits and vegetables), fishery products, food 
preparations (sauces, ice cream, syrup), bevera ges, ethanol, rum, vegetable oils, chemicals 
(paints/varnishes, perfumes, make-up/cosmetics, soap s, shoe polish, candles, disinfectants), furniture 
and parts, and certain apparel items.  Overall, 13.1% of such products imported from Europe make up 
the exclusion list.  For agricultural products, most sectors have either been excluded from 
liberalization or subject to long transition periods. Jamaica WT/TPR/S/242 
 Page 39 
 
 
Table III.6 
CARIFORUM tariff liberalization commitments under the EPA, 2008-33 
(Per cent) 
 CARIFORUM Jamaica Trinidad and Tobago Barbados 
0 year 53a 56 73 48 
5 years 3 0 0 0 
10 years 5 1 1 2 
15 years 22 26 18 24 
20 years 2 2 0 1 
25 years 2 1 1 1 
Exclusions 13 13 6 23 
a In 2009, CARIFORUM removed tariffs on 52.8% of the goods imported from Europe, pursuant to the commitment to apply a 
zero rate of duty on these goods at this time.  The revenue im pact on the CARIFORUM states asso ciated with the liberalization 
of these products was relatively minor, as pr ior to the conclusion of the EPA, most of these products already faced applied rat es 
of zero or close to zero. 
Source:  Caribbean Regional Nego tiating Machinery (2008), CRNM Note on CARIFORUM Economic Partnership 
Agreement , COMSEC-sponsored High Level T echnical Meeting, EP As:  The Way Forward for the ACP, 
Cape Town, 7-8 April.  Viewed at:  http:// www.thecommonwealth.org/f iles/177256/FileName/RNM%20 
COMSEC%200408.pdf;  and Caribbean Export Deve lopment Agency (2009), "Overview of the 
CARIFORUM-EC Economic Pa rtnership Agreement", TradeWins , Vol. 1, No. 1.  Viewed at:  
http://www.carib-export.com/S iteAssets/TradeWins%20EPA %20Overview%20Final.pdf. 
(e) Other duties and charges affecting imports 
31. The numerous other taxes and fees on imports, wh ich tend to vary across product categories, 
may raise border protection markedly.   
Stamp duties 
32. All imports entering Jamaica are subject to a basic stamp duty of J$5 on goods up to a 
c.i.f. value of J$5,500, and J$100 above that leve l.  These specific charges diminish in importance 
with the size of the import transaction. 
33. An additional stamp duty (ASD) is payable on  certain items, such as chicken and most 
chicken parts, meats and some meat products, so me aluminium products, alcoholic beverages, and 
tobacco products.5  ASD rates are generally defined implic itly, as the legislation generally lists only 
aggregate duties (i.e. the rate actually applied at th e border, and that is equal to the additional stamp 
duty applied to the c.i.f. value of imports increased  by the customs duty).  The aggregate duties (tariff 
plus ASD) based on the Stamp Duty Act ranges from 65% to 260% for products that attract additional 
stamp duty. 
Fees 
34. While Jamaica does not apply container fees on containers imported or exported, or port 
security fees, it imposes a number of fees that contri bute to the cost for providing specific services. 
35. A Customs User Fee (CUF), is charged at a rate of 2% on the c.i.f. value of goods being 
imported, except for those exempted (e.g. raw mate rials and capital goods).  Regulation 6C of the 
                                                      
5 The tax regime for cigarettes was reformed in April 2008:  the ASD, excise duty, and the ad valorem  
SCT were all removed, and the Specific SCT was increase from J$2,300 to J$6,000 per thousand sticks.  The 
Specific SCT on cigarettes was increased to J$8,500 per thousand sticks in May 2009 and and J$10,500 in January 2010. WT/TPR/S/242 Trade Policy Review 
Page 40 
 
 
Customs Regulation has been amended and a CUF of  5% is imposed on specific petroleum products.  
Further, a Standard Compliance Fee (SCF) of 0.3% of  the c.i.f. value, is collected on behalf of the 
Bureau of Standards, on most food products, tobacc o products, chemicals, some textiles and apparel, 
and most industrial products.  The fee is designed to  cover the cost of legitimate standards-related 
services (e.g. certification and testing) provide d by the Government.  An import (C78) entry 
processing fee is payable at J$600 to J$6,000.  Th e Environmental Levy is set at 0.5% of the 
c.i.f. value of all imports;  these fees were intende d to be used for the management of all types of 
waste that pose a threat to the environment. 
36. With respect to these charges,  which are a significant revenue earner for Jamaica and most 
CARICOM countries, the EPA provides for a standstill, together with a phase-out starting seven years 
after signature with complete elimination within  ten years (i.e. by 2018).  This also helps 
CARIFORUM protect its revenue base while the EPA calls for EU for the implementation of tax reform. 
Consumption taxes 
37. In addition to these various duti es and fees, Jamaica charges othe r taxes that apply also on 
domestic production (if any).  The most prominent is the general consumptio n tax (GCT), which is 
effectively a value-added tax.  The GCT is levi ed on domestically produced goods and services when 
the good or service is supplied;  for imports of goods , it is collected at the point of entry;  and for 
services, it is levied (through the self-assessed system) when the provider raises an invoice for 
payment.  The taxable base for the GCT on imported goods is the c.i.f. value, inclusive of the CET, 
ASD and SCT;  the base for imported serv ices is the sum charged for the services. 
38. The standard rate of GCT is 17.5%;  it was raised on 1 January 2010 from 16.5%, pursuant to 
amendment of Section 4(1)(a) of the GCT Act.  Also, effective from the same date, commercial 
importers must pay an additional five percentage points of GCT at the port of entry, which increases 
the GCT rate to 22.5% for these imported taxable go ods.  Exceptions include petroleum products (as 
outlined in the second schedule under the GCT Act) , goods that are zero-rated or exempt under the 
Act, and goods designated capital goods by the Customs Act.  The intention behind the measure is to 
prevent revenue leakage.  The GCT on goods an d services supplied by the tourism sector, was 
increased from 8.25% to 10% as on 1 April 2010. 
39. In general, there is not much variation of the GCT at the tariff line level.  The most variable 
element traditionally pertained to motor vehicl es.  However, The GCT Act was amended in 
May 2008, and in an attempt to simplify the GCT rate structure, all motor vehicles now attract the 
standard GCT rate.  However, in addition to the GCT, several SCT (special consumption tax) rates 
were applied based on the vehicle's engine capacity .  The SCT rates range from 11.5% to 124% for 
individual importers and 10% to 110% for dealers.  The rates were further broken down to range from 
0% for engines of less than 1,000 cc to 79% for en gines greater than 3,000 cc.  The SCT on diesel 
vehicles is 10 percentage points lower than  that charged on petrol-fuelled vehicles. 
40. The GCT rate applicable to telephone instru ments was increased in April 2009 from the 
standard rate of 16.5% to 20%, the same rate ch arged on telephone calls and calling cards.  In 
September 2009, the rate on telephone calls and instruments was increased to 25%. 
41. Jamaica also imposes a special consumption tax on a limited number of imported and 
domestically produced goods.  The SCT structure has been revised during the review period.  The 
SCT on alcohol was adjusted in FY 2009/10;  the old rate structure was replaced by an ad valorem  
SCT rate of 25% on all alcohol except certain rum pr oducts, which continued to attract a rate of 30%, Jamaica WT/TPR/S/242 
 Page 41 
 
 
and wines, cordials, and liqueurs, which attract a spec ific SCT rate of US$0.4 per litre.  As noted, the 
ad valorem  SCT, ASD, and excise duty on cigarettes were all removed in FY 2008/09.  Specified 
petroleum products (Chapter 27) now attract both a specific and ad valorem  SCT rate but no GCT.  
The ad valorem  SCT component (on gasoline) was reintroduced at 15% on the ex-refinery price, on 
1 January 2010. 
(iii) Import prohibitions, restrictions, and licensing 
42. Import prohibitions are applied for health, security , moral or environmental considerations, or 
under international conventions (Tab le AIII.2).  The authorities state that there has been no policy 
change concerning Jamaica's import licen sing regime during the review period.6   
43. Import licensing is covered by the Trade Act (1955) and administered by the Trade Board 
Limited, under the Ministry of Industry, Investment, and Commerce.  The licensing system is to monitor imports that could have an impact on the environment, health, and security in Jamaica and, 
according to the authorities, is not intended to restri ct the quantity or value of imports.  Items that 
currently require an import licence include concentrat ed milk and cream, fireworks, and certain motor 
vehicles and parts (Table AIII.3).  The Trade Board is responsible for granting licences
7;  licences 
must be obtained before importation.8  Import licensing on industrial products is automatic.  
Enterprises that operate in the export free-zones or that benefit from single-entity free-zone status are 
not subject to import licensing. 
44. The Trade Board has been mandated to manage a verification process of importers of refined 
of sugar and of milk powder.  Under both regimes,  a duty waiver is applicable for importers using 
these products as a raw material in their production pr ocesses.  In addition to the relevant licensing 
requirement attached to both commodities, the Trad e Board conducts a pre-entry verification process 
to ensure that persons registered as manufacturers,  and thus eligible for the duty concession, are bona 
fide. 
45. The Trade Board issues import licences for items that require close monitoring, with motor 
vehicle imports accounting for the bulk of import licen ce applications.  A total of 8,637 motor vehicle 
permits were issued for 2009/10, a 40% decrea se compared with 2008/09.  The decrease was 
attributable to a downturn in the economy, coupled with a change in the Motor Vehicle Import Policy 
with respect to the ban on damaged vehicle impor ts.  The import of damaged vehicles was banned 
effective 1 May 2008 and importers were required to land all damaged vehicles by 31 July 2008.  An 
extension to 30 September 2008 was later granted. 
46. A private importer is entitled to import one motor vehicle and one light commercial unit or 
two light commercial units every three years.  Th e number of vehicles that may be imported by a 
dealer is not limited.  Car dealers must be approved and certified by the Trade Board and registered under the Companies Act 2004.  They must be inspected and re-certified annually by the Ministry of Industry, Investment and Commerce, for a fee currently set at J$60,000. 
47. Import licence applications are generally process ed within 24 hours, subject to the payment of 
receipt and processing fees, and are valid for the financ ial year in which they are granted.  However, 
the validity can be extended.  For some products, such as refined sugar and milk powder, licences are 
valid for six months.  Total processing fees per motor vehicle unit amount to J$4,135;  the charge for 
                                                     
 
6 WTO document G/LIC/N/3/JAM/3, 3 September 2008, Notification under Article 7.3 of the 
Agreement on Import Licensing Procedures. 
7 Ministry of Industry, Investment, and Commerce.  Viewed at:  www.miic.gov.jm/. 
8 Trade Board online information.  Viewed at:  http://www.tradeboard.gov.jm/. WT/TPR/S/242 Trade Policy Review 
Page 42 
 
 
amendments is J$1,175, and there is a service char ge of J$300 for manual applications.  The same 
fees obtain whether the application is for commercial or personal effects. 
(iv) Contingency measures 
48. The Anti-dumping and Subsidies Commission (ADSC), Jamaica's trade remedy authority, is 
an agency of the Ministry of Industry, I nvestment and Commerce (M IIC).  The Commission 
administers the provisions of the Customs Duties (Dumping and Subsidies) Act, 1999, the Customs Duties (Dumping and Subsidies)(Determination of Fair Market Price, Material Injury and Margin of 
Dumping) Regulations, 2000,  the Safeguard Act, 2001, and the Sa feguard Regulations 2003, within 
the legal framework of the WTO Anti-Dumping Ag reement, Subsidies and Countervailing Measures 
Agreement, and Safeguards Agreement.  The Commi ssion's core mandate is the investigation of 
unfair practices in international trade and the determ ination of remedies to de fend domestic industry.   
49. The ADSC in conjunction with its portfolio Mi nistry has proposed amendments to the 
Customs Duties (Dumping and Subsidies) Act, which are currently pending, in an effort to improve 
the clarity and usability of the regime for contin gency measures in Jamaica.  Under the current 
legislative framework, investigations in relation to  dumping, countervailable subsidies, safeguards or 
other necessary investigations can be carried out by the Commission on its own initiative or on receipt 
of a written complaint by or on behalf of a domest ic industry.  If an investigation is required, the 
Commission notifies the relevant parties including the government of the exporting country, known Jamaican importers, and foreign exporters of th e goods, and publishes a public notice of initiation 
inviting interested parties to comment.  In th e case of a preliminary determination of dumping, 
subsidization and injury, provisional duties may be a pplied not earlier than 60 days after the date on 
which investigation was initiated, and cannot remain  in place for more than four months, except on 
the request of an exporter, in which case they can remain in place for up to six months.  Where there 
is a final determination of dumping,  subsidization, and injury, a de finitive duty may be applied for a 
maximum of five years. 
50. Jamaica has investigated and determined six trade remedy cases, one safeguard case and five 
anti-dumping cases.  A sixth anti-dumping case is  currently under investigation.  No new 
investigations were opened during most of  the period under review (between 2004 and 
November 2009).  The Commission attributes the dear th of open cases to the need for greater 
understanding of how to access remedies.  Jamaica initiated its first safeguard investigation in 
December 2003, and made a determination of a pr ovisional safeguard duty of 25.83% on imports of 
ordinary Portland grey cement from Argentina, China, Egypt, and Russia on 16 February 2004.  The 
Safeguard case ended in July 2004 with a reco mmendation for a final duty, based upon which the 
Government decided to increase the applied ra te (CET) on the product, instead of imposing a 
definitive safeguard duty. 
51. No further trade remedy investigations we re opened until November 2009 and April 2010 
when investigations were initiated in respect of th e alleged injurious dumping of cement originating in 
or exported from the United States
9 and the Dominican Republic.10  A final determination, made on 
9 July 2010, concluded dumping by the United States  exporter, but not causing injury to the domestic 
industry;  therefore no definitive duties were applied.   A final determination has not yet been made in 
the case of cement imports from the Dominican Republic. 
                                                      
9 Anti-dumping and Subsid ies Commission (2010b).  The WTO Secr etariat has received a report from 
Jamaica under Article 16.4 of the Agreement concerning ordinary Portland grey cement and Portland blast 
furnace slag cement from the United States  (WTO document G/ADP/N/200, 21 May 2010). 
10 Anti-dumping and Subsidies Commission (2010a). Jamaica WT/TPR/S/242 
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52. Under CARICOM, Articles 96 to 116 of the Revi sed Treaty of Chaguaramas provide rules for 
subsidies and countervailing duties;  Articles 125 th rough 133 relate to anti- dumping actions.  Jamaica 
has not invoked these provisions.  The provisions requi re some clarification and work has taken place 
within the last several years to accomplish a WTO compliant regime for the region and for individual 
territories within the region.  The Commission has contributed commentary to the work and has met 
with consultants in this regard.  Provision has al so been made for bilateral safeguards under the EPA. 
(v) Government procurement 
53. Jamaica is not party to the WTO Plurilate ral Agreement on Government Procurement. 
54. According to the authorities, the total value of procurement contracts was J$63.1 billion in 
2009, up from J$52.9 billion in 2008.11  Goods and works each accounted for about 40% and services 
for 20% of the contract value.  The share of forei gn contracts in total contracts awarded was 7.3% in 
2009 and 4.2% in 2008. 
55. Government procurement is regulated by th e 1959 Financial Administration and Audit Act 
(FAA Act) and the 1983 Contractor General Act, as amended and further devel oped in other acts and 
regulations.  The FAA Act establishes guidelin es for government spending, accounting, and 
accountability for expenditure.  The Contractor Genera l Act defines the role and responsibility of the 
Contractor General and his Office.  The 1999 ame ndment to the Act created the National Contracts 
Commission (NCC), replacing the Government Contracts Committee. 
56. The Ministry of Finance has overall responsibility for public sector procurement, in 
accordance with the FAA Act, and thus sets polic y, develops procedures, and promulgates all 
provisions in relation to government procurement.  In accordance with the Contractor General Act, 
the Contractor General monitors and may inv estigate the award and implementation of any 
government contract in order to ensure that it is aw arded impartially and on the basis of merit.  The 
primary objectives of the National Contracts Commission (NCC) are the promotion of efficiency in the award and implementation of government contract s, and ensuring transparen cy and equity in the 
award of these contracts.  The NCC is responsib le for maintaining the Register of Approved 
Contractors.  Except for procurements of a sensitiv e nature (e.g. weaponry), all procurements above 
$J10 million must be referred to the NCC for re view and endorsement of the award recommendation. 
57. The methods used for tendering are:  open tenderi ng (open to all local and foreign suppliers);  
selective tendering (open to registered and qualified contractors, including foreign contractors);  and 
limited tendering (only some approved contractors ar e invited to tender), which may include requests 
for quotation, and single-source or direct contract ing procedures.  The latter requires justification 
based on the nature of the procurement, its urgenc y or the specialized nature of the good, work or 
service.  The authorities indicate that over the review  period all available methods of procurement as 
expressed in government procurement procedures were used. 
58. Since 2005, the legal provisions for government procurement has been updated.  In 2008, the 
Public Sector Procurement Regulations were est ablished, providing for sanctions against public 
officers found to have breached the procurement pro cedures.  The regulations also provided for the 
establishment of the Procurement Appeals Board (PAB), a three-person tribunal, which provides an independent final tier in the administrative dis pute resolution mechanism.   The PAB will hear 
complaints of aggrieved contractors if the complaint is  not resolved at the two lower levels, that is, by 
the procuring entity or the NCC.  The Handbook of Public Sector Procurement Procedures, first 
                                                     
 
11 Procuring entities are broadly defined and comprise any ministry, department, local government 
authority, statutory body, execu tive agency, and public company. WT/TPR/S/242 Trade Policy Review 
Page 44 
 
 
issued in 2001, was revised and updated in 2008.12  The re-issued handbook provides more detailed 
guidance to procuring entities and closes information gaps in the earlier edition;  it is currently before 
Cabinet for approval. 
59. In 2009, a special policy was introduced to enc ourage and stimulate the growth of small and 
medium-sized enterprises (SME) by increasing their participation in government procurement 
opportunities.  Procuring entities have been encour aged to set aside 15% of their total annual 
procurement for SMEs.  In addition, a domes tic preference of up to 10% is now permitted. 
60. Procuring entities require approval to enter into a contract.  The thresholds for approval were 
increased effective September 2008:  up to $J10 million – the head of the procuring entity can 
approve;  above $J10 million-$J30 m illion – NCC endorsement is also required;  above $J30 million – 
Cabinet approval is also required.  According to the authorities, all other aspects of the procurement 
system remain the same. 
61. According to the World Bank13, public procurement policy has improved although further 
improvement is needed in terms of increased transparency, especially regarding procurement 
performance and monitoring, and developing reliable a nd consistent statistics.  In addition, a large 
number of public bodies appear to be involved in  the approval process, bringing about higher costs 
and longer periods for project completion. 
62. Under the EPA, the government procurement chapter sets out some basic principles and 
minimum transparency rul es that procuring entities should respect  when tendering.  However, these 
apply only to the relatively few large contracts (in excess of US$200,000) tendered by the central 
authorities, meaning that most public expenditure by CARIFORUM countries is not affected by these 
provisions.  The procurement chapter seeks to suppor t the gradual creation of a regional procurement 
framework in the Caribbean region, which is alr eady under way.  However, the EPA does not grant a 
right of access to public tenders;  thus when an authority in a CARIFORUM country tenders a public 
contract, suppliers established in the EU or in another CARIFORUM country cannot claim a right to 
participate.  It remains for the parties to d ecide which suppliers are eligible to tender. 
(vi) Import-related operations of state-trading enterprises (as defined in GATT 
 Article XVII) 
63. The Jamaican Government notified the WTO in April 2010 of the operations of the Jamaica 
Commodity Trading Company (JCTC).14  The JCTC is a wholly owned government company whose 
mandate is to act on behalf of the Government as a commercial impor ter and/or exporter of sensitive 
commodities (such as fertilizer), where exceptional circumstances require direct Government 
intervention.  There are no statutory provisions conf erring special or exclusive rights on the JCTC.  
Commodities traded by the JCTC can be impor ted or exported by any commercial trader. 
64. The JCTC was deactivated in 1999 and no furthe r trading was undertaken by the company up 
to 2008.  Following the global recession in 2007/08 , the MIIC took a policy decision in early 2008 to 
reactivate the JCTC to act in exceptional circumst ances where government intervention was needed to 
ensure stability in the supply and pricing of sens itive commodities.  Based on an analysis of demand, 
pricing and supply levels, prevailing market prices, and a cost/benefit assessment, policy 
recommendations are made to the Government of Jamaica on trading volumes.  According to the 
authorities, nearly 2,300 tonnes of fertilizer was imported by the state trading enterprise in 2008 
                                                      
12 Ministry of Finance and the Public Service (2008). 
13 World Bank (2010), p.12. 
14 WTO document G/STR/N/12/JAM, 20 April 2010. Jamaica WT/TPR/S/242 
 Page 45 
 
 
compared with a national production volume of over 27,000 tonnes in the same year.  Resale prices 
are determined based on the cost of import combin ed with socio-economic considerations.  Because 
the JCTC intervenes to address exceptional circumstan ces, decisions on resale pricing levels are taken 
by the Ministry.  The authorities state that no long- term contracts are currently in place but that the 
JCTC may enter into long-term contracts that are deemed beneficial. 
(3) MEASURES DIRECTLY AFFECTING EXPORTS  
(i) Procedures 
65. Exporters must be registered with the Jama ica Promotions Corporation (JAMPRO).  To 
register, a company must submit a copy of its certificate of incorporation or of the certificate of 
business name, and the taxpayer registration number.   Additional document requirements depend on 
the product to be exported.  According to Jama ica's National Export Strategy, problems to be 
addressed in export processes include processing tim es, document requirements, and per container 
costs.15  According to this analysis, Jamaica's per container costs are over US$600 higher on average 
than competitors like Panama.  A competitiv eness committee has been established to, inter alia , 
monitor and to chart a roadmap to address th e issues/barriers identified as constraints to 
competitiveness. 
(ii) Export taxes, charges, and levies 
66. Jamaica applies no taxes, charges or levies on exports.  The GCT rate is zero. 
(iii) Export prohibitions, restrictions, and licensing 
67. Goods generally prohibited for e xport are listed in the Customs Act and refer mainly to arms, 
ammunition, and naval stores;  and spirits and wines.  In addition, exports of shells and some live 
animals are prohibited under international conventions. 
68. Certain items are subject to export licensing, in cluding crocodiles, crocodile eggs, bird eggs, 
sugar, lignum vitae, and log wood, as well as live animals and shells subject to the Convention of 
International Trade in Endangered Species (CI TES), administered by the National Resources 
Conservation Authority (NRCA) in Jamaica.16  For other products, licences are required for control 
and monitoring and for protection of heritage, as required by the Trade Act.  To attest that royalties 
have been paid, major producers of bauxite and alumina are granted one-year export permits, and 
smaller producers are granted shipment-by-shipme nt automatic export licences by the Ministry of 
Land and Environment.  Licences for sugar exports  are granted according to availability under the 
guaranteed quota allocations.  An export licence is  still required from the Coconut Board to export 
coconuts.  Export licences are granted at no charge. 
69. The Trade Board Limited is responsible for is suing export licences for specific items, the 
exportation of which may impact negatively on the environmental, social and economic conditions of 
the country, or in keeping with international oblig ations.  The Trade Board also deals with issuing 
certificates of origin for Jamaican products exporte d under various preferential trade agreements and 
with monitoring imports and exports of specified  commodities, as required by the Ministry of 
Industry, Investment and Commerce.  The conditio ns under which export licences are granted remain 
unchanged, and scrap metal (including scrap jewelle ry) is now on the list of products requiring export 
licences (Table AIII.4). 
                                                      
15 See JAMPRO (2009), p. 36. 
16 National Resources Conservation Authority online in formation.  Viewed at:  http://www.nrca.org/. WT/TPR/S/242 Trade Policy Review 
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(iv) Export subsidies 
70. Jamaica maintains four incentive schemes that encourage exports, contained in the following 
Acts:  the Export Industry Encouragement Act (EIE A);  Industrial Incentives (Factory Construction) 
Act;  Foreign Sales Corporation Act;  and the Jamaica Export Free Zones Act. 
71. The incentive schemes have been notified to  the WTO as containing export subsidies.17  
Initially, Jamaica was expected to eliminate its expo rt subsidies by 1 January 2003, to comply with 
the requirements of the WTO Agreement on Subsidies and Countervailing Measures, but extensions were granted end 2004, then end 2007 and, most recently, until e nd 2015, under a General Council 
Decision of July 2007
18, whereby the extension is renewable annually under procedures subject to 
transparency and standstill requirements. 
72. The Ministry of Industry, Investment a nd Commerce, which is responsible for the 
administration of the four programmes, has conduc ted consultations on the General Council Decision 
with the relevant stakeholders in Jamaica.  A priori ty area for the Government is the reform of the tax 
system, focusing on its simplification and ensuring tran sparency in its operation.  In this regard, the 
Tax Reform Committee has been react ivated to review the overall system of taxation, including the 
incentives schemes.  The Committee's work is to include a review of the four incentives programmes 
with a view to making them consistent with Jama ica's WTO obligations.  The beneficiaries under the 
programmes were notified in writing in April 2008 that the programmes will not be provided beyond 
31 December 2015, as set out in the General Council  Decision.  New beneficiaries, post-April 2008, 
were similarly notified in the Orders issued to th em by the Minister of Industry, Investment, and 
Commerce. 
73. The Export Industry Encouragement Act was established as an incentive framework to 
encourage investment and growth in export manufac turing industries.  Any company registered or 
incorporated in Jamaica and whose products are exclusively for sale to  hard currency markets outside 
of CARICOM is eligible for a tax holiday on profits earned from the manufacture of the approved 
product, as well as duty-free importation of raw mate rial and capital goods for use in the production 
process.  Partial exporters (companies exporting l ess than 100% of output) are entitled to an export 
allowance that may be deducted from taxable income with the level of tax relief linked to exports.  
Tax and duty benefits are allowed for up to ten year s.  The authorities maintain that historically, the 
programme has contributed to significant growth  in exports of the non-traditional manufacturing 
subsectors (apparel, leather, plastic).  This remains an important incentive programme for 
manufacturing companies wishing to export to thir d country markets;  in 2008, 500 persons were 
employed under the programme, and the estimated  revenue forgone as a re sult of tax relief was 
US$1.1 million. 
74. Under the Industrial Incentives (Factory Constr uction) Act, which provides a subsidy to 
facilitate and encourage the construction of factori es in Jamaica, an approved builder is entitled to:  
duty-free importation of items or articles for factory construction;  enter into  an agreement with a 
recognized enterprise for the lease of the factory;  relief from income tax for 15 years in respect of 
income from the lease of the factory or from profits  made upon its sale.  However, according to the 
authorities, there are very few beneficiaries under the programme and revenue forgone is negligible. 
75. The Foreign Sales Corporation Act is a legisl ative framework for the operation of FSCs in 
Jamaica.  The purpose of the subsidy is to attract foreign investment and to promote Jamaica as an 
attractive FSC location.  FSCs are exempt from Jama ican Corporate Income Tax on their foreign trade 
                                                      
17 WTO document G/SCM/N/186/JAM, 3 July 2009. 
18 WTO document WT/L/691, 31 July 2007. Jamaica WT/TPR/S/242 
 Page 47 
 
 
income, as long as they remain designated, and are entitled to import into Jamaica equipment, 
material, and machinery free of all import duties.  The authorities maintain that revenue forgone is 
negligible as there are few beneficiaries under the regime. 
(v) Export free zones 
76. Export free zones (EFZs), one of the main inst ruments for export promotion in Jamaica, are 
geographically delimited areas run by a single body , offering incentives such as duty-free importing 
and streamlined customs procedures to enterprises whic h physically located inside the zone.  Jamaica 
has a number of active industrial park/free-trade zones:  the Kingston Free Zone, the Montego Bay 
Free Zone, Garmex, Portmore Informatives, and C azoumar.  All zones, except the Cazoumar Free 
Zone, are government-owned and managed.  The Government is presently looking for investors with 
the objective of establishing a large logistical centre including a free zone (Caymanas Economic 
Zone) located adjacent to Kingston and to shipping and transhipment services provided by the Port of 
Kingston.  The business entities to be housed in the zone will be drawn from key growth areas such 
information communications technologies (ICT), manuf acturing and agri-processing, and the creative 
industries.   Plans also include the establishment of an  aerodrome, a research institute, business 
incubation centres, and a science park to estab lish a platform for a knowledge-driven economy. 
77. The 1982 Jamaica Export Free Zones Act provid es an incentive and regulatory framework for 
the operation of free zones, to encourage investme nt, exports, and foreign ex change earnings and to 
create employment opportunities.  Before an en terprise can take advantage of the concessions 
available under this Act, it has to be registered or incorporated in Jamai ca under the Companies Act, 
export at least 85% of its production outside the CARICOM area in the case of a manufacturing 
company, or 100% in the case of a non-manufacturing company, conduct all transactions in U.S. currency, and be located within the free-zone area. 
78. Under the Act, investors are allowed to opera te outside Jamaican Customs, solely with 
foreign exchange, in activities such as warehousing and storing, manufacturing, redistribution, processing, refining, assembling, packaging, and service operations (e.g., insurance, banking, and 
professional services).  Incentives offered include a 100% tax holiday in perpetuity, no import 
licensing requirements, and exemption from cu stoms duties on capital g oods, raw materials, 
construction materials, and office equipment.  Manu facturing free-zone companies are allowed to sell 
15% of production on the local market pursuant to a 1996 policy decision. 
79. According to the authorities, the estimated re venue forgone as a result of relief under this 
programme was US$4.7 million in 2008 co mpared with US$3.1 million in 2002.
19  Incentives granted 
to free-zone entities are for an indefinite period.  According to the authorities, this programme 
continues to be a critical factor in Jamaica's economic development. 
80. Currently, over 4,000 persons are employed in  the free zones and the programme plays an 
important support role in Jamaica's investment prom otion and domestic capacity-building efforts.  But 
Jamaica's free zones, which used to be the main  apparel production centres, have been scaled down 
over the past 15 years or so.  EFZs employed over 6,000 people in 2007, down from 16,400 in 1994, and exports by EFZ entities totalled US$40 million in 2007, down from US$115 million in 2000 and nearly US$300 million in 1995.
20 
                                                      
19 WTO (2005), p. 63. 
20 Panadeiros and Benfield (2010), p.64. WT/TPR/S/242 Trade Policy Review 
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(4) MEASURES AFFECTING PRODUCTION AND TRADE  
(i) Incentives 
81. According to the authorities, incentives are pr ovided mainly to attract investment, improve 
the productivity and export competitiveness of sector s such as manufacturing, mining, and services, 
and equalize the advantages of the Jamaican fiscal  regime with regimes of foreign competitors. 
(a) Tax incentives 
82. Jamaica's comprehensive set of incentive schem es, which are accessible to local and foreign 
industries, focus on selected sectors of the economy and are the dominant feature of Jamaican industrial policy (Table III.7).  Most incentives are exemptions from import duties and GCT, and 
various forms of tax holidays, depending on the sector. 
Table III.7 
Main tax incentives, 2010 
Incentive act Duty GCT Holidaya 
(years) CIT Dividendb Lossesc 
(years) 
Foreign Sales Corporation Act Ex empt Exempt 5  Exempt - - 
Hotel (Incentives) Act Exempt Exempt 10/15  - Exempt 6  
Export Industry Encouragement Act Exempt Exempt 10/5  - - 6  
Resort Cottages (Incentives) Act - - 7  - Exempt 6  
Jamaica Export Zones Act Exempt Exempt - - Exempt - 
Motion Picture Encouragement Act - - 9  - Exempt - 
Shipping (Incentives) Act - - 10  - - - 
Industrial Finance Companies 
(Income Tax Relief) Act - - - - - - 
Jamaica National Heritage Trust Act - - - - - - 
Bauxite and Alumina Industries 
Encouragement Act Exempt - - - - - 
Petroleum Refinery Encouragement 
Act Exempt - 7  Exempt Exempt 6  
Approved Farmer Status  Exempt - - Exempt Exempt Indefinite 
a Length of the tax holiday. 
b Dividends are "exempt" from the individual tax. 
c Period that losses can be carried forwar d after the expiration of a tax holiday. 
Note: CIT: Corporate income tax. 
 GCT: General consumption tax. 
Source:  Rider, M. (2007), "Should Ja maica Tax Corporate Income?", Public Finance Review , Volume 35, No. 1, p. 110.  
 Viewed at:  http://pfr.sagepub. com/cgi/content/abstract/35/1/103. 
83. Tourism is one of the most favoured activities as provided for in the Hotel Incentives Act and 
the Resort Cottages Incentives Act.   Under the Bauxite and Alumin a Industries Encouragement Act, 
import duty concessions are granted on capital goods, l ubricating oils, grease, and other chemicals.  
Oil refineries benefit from tax incentives, as do ag riculture (through the Approved Farmer Status 
policy), film production, shipping, manufacturing, and offshore banking. 
84. From the policy standpoint, the effectiveness of these incentives has been the subject of 
considerable debate and analysis.  At the start of the review period, the 2004 Matalon Report found 
that the system of tax incentives in Jamaica constitu ted a "special problem".  The Government did not 
know the full extent of the incentives it had granted, nor had these been monitored on a regular basis.  
The Matalon Committee estimated that the number of separate incentives and remissions given was Jamaica WT/TPR/S/242 
 Page 49 
 
 
high and the amount of tax forgiven was equivale nt to about one fifth of total government tax 
revenues in 2003.  The Committee did not recomme nd the immediate elimination of tax incentives 
because the impact of removing them was uncertain, particularly those related to tourism and service 
industries, and the removal of targeted incentives ought to be preceded by the correction of other 
elements of the tax system.  In particular, the Co mmittee observed that applied tariff rates, if unified 
at around 8%, might be a fair trade for removing incentives (and, in particular, duty relief) in the tourism sector.  The CARICOM agreements, howev er, limited the reform choices that involved 
applied tariff rates. 
85. The Committee recommended an independent st udy of the incentives regime, to determine 
the costs and benefits of the incentives provided an d to make recommendations for their redesign as 
necessary.
21 
86. The Government will be reviewing the in centives in place, quan tifying the costs and 
micro-economic impact, including on revenue, debt, investment and growth .  It is expected that at the 
end of this process the tax structure will be reform ed to allow for a most cost effective system. 
(b) Other incentives 
87. Some non-fiscal investment incentives are availabl e in Jamaica, for example the Development 
Bank of Jamaica (DBJ) provides financing for inv estment projects under concessionary conditions.  
According to the authorities, agencies such as the Jamaica Bu siness Development Corporation, 
Bureau of Standards Scientific Research Counc il, and JAMPRO provide institutional support to 
businesses with particular emphasis consistent with  policy thrust on MSMEs.  Concessionary loan 
programmes are available for the MSME sector. 
(ii) Business regulation 
(a) Legal framework for businesses 
88. Legally recognized forms of business comprise:  the limited liability company, a branch of a 
foreign company, sole proprietorship, and general or limited partnership.  A branch of a foreign 
company that wishes to open a business in Jamaica must be registered under the Companies Act and 
is regulated under Jamaican laws.  Once regist ered, businesses are uploaded to the Companies Office 
of Jamaica website, which allows individuals a nd firms to check company documents or business 
names online.  Annual audited financial statements of companies incorporated in Jamaica are required 
under the Companies Act. 
(b) Trade-related role of state-owned enterprises in the economy 
89. The Government remains involved in trading activities through a number of commodities 
boards and the Petroleum Corporation of Jamaica (PCJ).  Commodities boards were established to 
monitor the quality of agricultural exports, includi ng bananas, cocoa, coffee, and sugar.  Although 
their roles have been reduced over time, they s till have regulatory powers and have become more 
involved in providing services.  The PCJ was establis hed in 1979 with the purpose of searching for oil 
and gas and to be the lowest-cost provider of these products.  Its current activities are mainly the 
purchase of petroleum, property management, and the search for alternative sources of energy. 
90. The Government remains involved in commercia l activities in mining, utilities, banking, and 
transport, through a number of commercial publicly  owned companies.  The Government has been 
                                                      
21 Ministry of Finance and the Public Service (2004). WT/TPR/S/242 Trade Policy Review 
Page 50 
 
 
taking steps to restructure some of these firms, including liquidation of redundant ones.  Eliminating 
the deficit of public entities is a key part of the aut horities' fiscal reform strategy and a central part of 
the overall fiscal consolidation effort.  The Govern ment expects to privatize the Sugar Company of 
Jamaica, one of the enterprises with the largest lo sses over the past few years, and other loss-making 
public entities are slated for divestment.  Air Jamaica has b een fully divested. 
91. Through its privatization policy, the Governme nt aims to reduce or divest its role in 
commercial activities that could be provided by the private sector, and to focus on activities that bring 
greater efficiency to the economy.  The government -owned National Investment Bank of Jamaica Ltd. 
(NIBJ) is in charge of effecting divestitures, and operates as the privatization agency under the 
portfolio of the Ministry of Finance.  Methods used  by the Government to transfer the ownership or 
management to the private sector include:  sales,  leases, management contracts, concessions, public 
share offers, employee stock ownership, public au ctions, and joint ventures.  According to the 
authorities, the most used methods are sale of assets or shares, and lease of lands and/or buildings. 
(c) Price controls 
92. Jamaica eliminated most price controls a nd food subsidies in 1991.  However, certain 
products and services are subject to administ ered prices, including water, electricity, 
telecommunications (fixed lines), and transport servi ces.  The mechanism generally adopted for price 
controls on services is the "price cap" methodology, which allows service providers to adjust annual 
prices in line with inflation, less a productivity factor. 
(d) Competition policy 
93. In the early 1990s, following tariff reform, the removal of most price controls, deregulation of 
certain industries, and privatization of certain par astatal agencies, the Govern ment was concerned that 
price fixing by private firms might replace price controls, and that after a long history of price controls and other regulatory constraints, private firm s would be slow to change their behaviour in the 
market.  Therefore, the authorities established a competition regime in 1993. 
94. Competition policy is governed by Jamaica' s Fair Competition Act (FCA) 1993, as amended 
in 2001, and the Fair Competition (Notices and Pr ocedures) regulations 2000.  The FCA's basic 
principles include:  preventing the abuse of market power derived from dominance in a market;  prohibiting arrangements or agreements that coordi nate market behaviour, eroding competition;  and 
providing the consumer with adequa te and relevant information.  The FCA outlaws, in principle, 
business practices that restrict or impede competition,  such as price-fixing, collusion, and misleading 
advertising.  The FCA does not contain any specific provision concerning monopolies or mergers.  
which are treated within the context of abuse of a dominant position. 
95. In 2008, the Fair Trading Commission (FTC) received 24 competition-related complaints, 
investigated 96 cases (including those brought forward from the previous year) and resolved 24.  The 
major cases focused on predatory pricing in constr uction, supermarkets (specifically, basic food 
items), cable television service, bill payment rem ittance, telecommunications, and pharmaceuticals;  
and abuse of dominance in gaming, agriculture , cement, pharmaceuticals, health insurance, 
telecommunications, banking, solid waste collection, and petroleum products.   
96. The Fair Trading Commission (FTC), under MIIC, is in charge of monitoring and enforcing 
the provisions of the FCA.  While, under the FC A, all businesses, regardless of size, are under the 
jurisdiction of the FTC, it does not cover practices involving evasion of government business 
regulations.  In the course of its investigations, the FTC encounters firms that are operating illegally, 
as well as problems in defining relevant markets because of grey areas in terms of market Jamaica WT/TPR/S/242 
 Page 51 
 
 
segmentation.  At a conservative estimate, 41% of GDP is generated by the informal sector in 
Jamaica, and all kinds of businesses – through micro,  small, medium and even large firms – may not 
conform to regulations and evade taxes.  As noted elsewhere in this report, the Jamaican Government 
is making serious efforts to eradicate corruption in customs, stamp out evasion of customs duties, and 
enforce the law in respect of tax obligations. 
97. Chapter 8 of the Revised Treaty of Chagua ramas establishes rules of competition and 
provides for a regional level Competition Commiss ion to address cross-border competition issues.  
The Commission was established in January 2008 a nd, among other things, requires that competition 
agencies within the region cooperate whenever a ppropriate.  The competition law chapter of the EPA 
identifies the types of anti-competitive conduct that are prohibited as they affect trade between the 
parties.  These only cover restrictive agreements  and abuse of a dominant position but not mergers 
and state aid. 
(iii) Standards and other technical requirements 
98. According to Jamaica's National Export Strategy (NES) document22, the inability to meet 
international quality standards is a significant challenge for exporters, and exporting firms in 
particular in the agri-processing sector face stringent quality requirements.  The NES document 
acknowledges that Jamaica has the relevant legi slative and institutional framework for quality, 
standards, and other requirements but that the ti meliness and consistency of the service delivery needs 
improvement. 
99. The inability of firms to meet international standards is due to, inter alia :  high costs and 
variable quality of some basic services, such as produ ct testing and certification by the private sector;  
high costs of the implementation of international sta ndards;  limited, although growing, availability of 
local experts in some technological support services, such as ISO management systems 
implementation, product development, research and testing within firms and institutions;  and the 
need for food exporters to contend with a range of  testing and laboratory services that reside in 
multiple agencies. 
(a) Standards 
100. The Bureau of Standards Jamaica (BSJ) is the WTO enquiry point for issues related to 
technical barriers to trade (TBT), the focal point for Jamaica as it relates to the TBT section of the 
CARIFORUM-EC Economic Part nership Agreement (EPA)23, and the contact point for the Codex 
Alimentarius.  According to the BSJ, the main challenges faced by the WTO/TBT enquiry point are 
the limited number of technical experts available to  review standards issued for comments, and the 
unavailability of the English version of some full text s;  the associated high co sts of translating these 
documents limit Jamaica's full par ticipation in the international standards development process. 
101. The principal legislation on standards and tec hnical regulations comprises the Standards Act 
of 15 July 1969, the Weights and Measures Ac t of 31 May 1976, and the Processed Food Act of 
                                                      
22 See JAMPRO (2009), p. 56. 
23 The EPA includes a commitment to cooperate in international standard-setting bodies, including 
facilitating participation of CARIFORUM countries re presentatives in the meetings of these bodies.  There is 
also an agreement to cooperate in sharing expertise an d training in standard-setting, metrology, accreditation, 
market surveillance, and conformity assessment in the CARIFORUM region;  de velopment of centres of 
expertise within CARIFORU M, development of the capacity of CARI FORUM enterprises to meet regulatory 
and market requirements, and adoption of harmonized technical regulations, standards, and conformity assessment procedures based on relevant international standards. WT/TPR/S/242 Trade Policy Review 
Page 52 
 
 
15 October 1959.24  The Standards Act, which established the BSJ, was amended by the Standards 
(Amendment) Regulations 1999, which brought into e ffect the fee to be paid on specified imported 
commodities.  Consequent on this, the Standard s Compliance Programme (SCP) was developed to 
ensure compliance of all goods (locally produced a nd imported) with the requirements of compulsory 
product standards (technical regula tions) and labelling regulations.25  The Standard Compliance Fee 
(SCF), at 0.3% of the c.i.f. value of commodities in  each shipment, is paid on all imports of products 
subject to the SCP (e.g. all finished goods),  except imports of exempted goods, including 
commodities imported in connection with government  incentive programmes, programmes relating to 
health and welfare, international agreements and protocols, personal effects, and raw materials and 
capital goods imported for use in the manufacturing pr ocess, crude petroleum, and certain agricultural 
products.26 
102. Jamaica currently has 348 domestic standards.   These are usually based on international 
standards, primarily ISO and Codex Alimentarius st andards, but also on those of the United States and 
United Kingdom.27  Since its previous Review, Jamaica h as introduced 42 standards and technical 
regulations relating to building and associated material s, animal feeds, tyres, food products, footwear, 
agriculture, records management and quality manage ment systems.  Consequently, 16 notifications 
were submitted to the WTO in respect of the follow ing areas:  building and associated materials;  food 
products;  household products (paints and sleep systems);  cigarettes;  and wooden furniture.  
Standards and technical regulations apply to lo cal and imported goods.  Compliance with standards 
and technical regulations is verified through random  inspection and sampling at ports of entry and in 
the market place.  All food processing establishments  are required to be inspected and registered 
annually.  For specified products (e.g. stoves and fa ns) type testing and approval services are offered 
to importers on request. 
National accreditation body 
103. In 2006, the Jamaican Government approved the establishment of a wholly-owned 
government company as the national accreditation body .  The main objective of the Jamaica National 
Agency for Accreditation (JANAAC), registered in March 2007, is to facilitate trade between Jamaica 
and its trading partners by enabling Jamaica's conformity assessment systems to meet international standards and the requirements of the TBT Agr eement.  JANAAC offers accreditation services to 
public and private-sector laboratories and will in th e future offer accreditation services to conformity 
assessment, inspection bodies and certification bodies.   JNAAC also provides training and technical 
information as appropriate. 
National Certification Body 
104. The National Certification Body of Jamaica (NCBJ) was established in April 2007 as part of 
the Quality Jamaica Project.
28  The NCBJ is a unit of the BSJ wi th a mandate to offer management 
systems certification services to ISO 9001:2008 an d ISO 14001:2004.  The NCBJ has implemented 
the ISO 17021:2006 Conformity Assessment – requirements for duties for bodies providing audit 
                                                      
24 For the text of these Acts, see BSJ online information.  Viewed at:  http://www.bsj.org.jm/. 
25 General standards regulations are contained in Standards Regulations 1983;  Standards (Amendment 
Regulations 1999;  and the Standards (Amendment) Regulations 2000. 
26 These products are:  crude oil, ham and bacon, some poultry, pork and bovine meat cuts, soybeans, 
string beans, cooked and frozen carrots, pigeon peas in pa ckages of a certain size, cer eals for animal feed, meals 
of oil seeds, oleaginous fruits, meat, and some petroleum oils. 
27 Currently, 47 international standards (44 ISO st andards, 1 British, 1 Japanese, and 1 CARICOM). 
28 IDB-MIF/GOJ Project:  Implementation of Quality Environmental and Food Safety systems in 
Jamaica. Jamaica WT/TPR/S/242 
 Page 53 
 
 
certification of management systems.  In Novemb er 2009 and May 2010, the NCBJ was accredited by 
the ANSI-ASQ National Accreditation Board to offer certification to ISO 9001:2008 and ISO 14001:2004, respectively.
29 
(b) Sanitary and phytosanitary measures 
105. The Jamaican SPS regime is regulated by (as am ended):  the Agricultural Products Act 1926;  
the Plants Quarantine Act of 1993, the Processed Food Act, 1959;  Animal Diseases (Importation 
Act), 1943;  the Aquaculture Inland Marine and By-Products Act, 199930;  Public Health Act, 1985;  
the Public Health (Meat Inspection) Regulation 19 95;  the Public Health (Butchers) Regulations, 
1989;  the Public Health (Nuisance)  Regulation 1995;  the Public H ealth (Food Handling) Regulations 
1998;  the Food and Drugs Act, 1975;  the Meat, Meat Products and Meat By-products (Inspection 
and Export Act) of 1998;  Food Storage and Preven tion of Infestation Act 1953 and the Food Storage 
and Prevention of Infestation Regulations 1973;  and the Citrus Plant Protection Regulation 1999.31 
106. The National Agricultural Health and Food Safety Coordinating Committee (NAHFSCC) 
comprises senior technical officers from various government entities, academia, and the private sector. the objective of the NAHFSCC is to establish and maintain a rational, integrated farm-to-table 
agricultural health and food safety system in Jamaica that harmonizes inter-agency conflict and 
overlap and ensures the protection of public hea lth in a manner consistent with WTO and other 
international standards.  The food safety policy provides the foundation for Jamaica's food safety programme and the institutional arrangements. 
107. The Ministry of Health is responsible for formulating policy on human health, including 
matters of food safety and hygiene as they related to:  the inspection and regulation of local and 
imported food;  management of the registration and regulation of pharmaceutical products;  food 
additives, cosmetics, certain chemi cals and devices, and pesticides.  The Ministry cooperates with the 
BSJ in the regulation of food items.  Fresh produce exports are tested for pesticide residue prior to shipment to determine whether they meet the standa rds of the importing country.  The testing is done 
on a voluntary basis by the exporter without the in volvement of the regulatory agencies.  However, 
limited random testing of fresh pr oduce imports for pesticide residue is done by the Pesticides Control 
Authority.  Legislation on pesticide maximum resi due limits (MRLs) for Jamaica is currently being 
drafted and Jamaica intends to adopt th e International Codex MRL standards. 
108. The Ministry of Agriculture is responsible for the surveillance and control of plant and animal 
diseases, as well as the regulation of meat and me at by-products, aquaculture, and marine products 
and by-products.  It is the contact point for th e World Organization for Animal Health and the 
International Plant Protection Convention. 
109. The Plant Quarantine/Produce Inspection Unit of th e Ministry of Agriculture is the WTO/SPS 
enquiry point.  The unit is governed by the Agri cultural Produce Act and the Plant (Quarantine) Act 
                                                     
 
29 ANSI – American National Standards Institute;  ASQ – American Society of Quality. 
30 The Aquaculture, Inland Marine and By Products (inspection, licensing and export) Act 1999 
regulates the production, processing, storage, and transp ortation of fisheries products, and sets requirements for 
their inspection and testing. 
31 The Citrus Plant Protection Regulation is administered by the Jamaica Citrus Protection Agency 
(JCPA) to prevent infecti on of crops with Citrus Tr isteza virus.  The regulation requires registration and 
certification of all nurseries that pro duce or sell citrus plants;  and certifi cation of all citrus trees produced and 
sold. WT/TPR/S/242 Trade Policy Review 
Page 54 
 
 
of 1993.32  It issues pre-entry import permits for all fresh  fruit and vegetables, plants, and plant parts.  
The products under the import permit must be accompan ied by certificates stating their phytosanitary 
condition.33  Imports of live animals and all animal products require an import permit from the 
Veterinary Services Division of the Ministry of Ag riculture.  Imported animals are held in quarantine 
at the Government Quarantine Station.  Phar maceuticals and nutraceuticals for both human and 
animal consumption require an im port permit from the Ministry of Health.  All food intended for 
human consumption is subject to random public hea lth inspection upon arrival.  Jamaica's pest risk 
analysis unit, established in June 2009 under the Pl ant Quarantine Inspection Branch, is responsible 
for preparing import risk assessment s, identifying the quarantine ri sks associated with requests to 
import plant or plant products, and recommendi ng quarantine measures to manage these risks. 
110. All the processes involved in exporting fresh produce (such as produce inspection, customs 
inspection and documentation, and airline cargo ha ndling services) occur at one location.  Air 
shipments are inspected at the export complexes located  at the two international airports, although this 
is not mandatory.  In addition to the requirement s specified in regulations, Jamaican industry has 
adopted the Hazard Analysis and Critical Contro l Programme (HACCP), a food safety management 
system, which provides a means of creating an e ffective hazard control programme.  The HACCP 
system is recommended by the regulatory agencies in Jamaica as an effective tool for food safety. 
111. The Import/Export Inspection Centre, established in 2009, provides a central location to 
coordinate inspection of traded goods, achieve quick er inspection processing time, and keep pace with 
global trends in trade facilitation to boost trade competitiveness and attract investment.  It houses 
under one roof the regulatory agencies responsible for human health and safety, animal health and 
plant health, covering the operations of the Mini stries of Agriculture and Fisheries, Industry, 
Investment and Commerce, and Health;  Customs has no control over the Inspection Centre.  In 
addition to custom documentation, import permits , licences, sanitary and phytosanitary documents 
may be necessary (Table III.8).  The Centre is designed to significantly reduce the time taken to complete inspection processes, which had been negatively affected by the scattered arrangement of 
regulatory agencies.  The time taken for the pro cessing of documents and cargo at the Inspection 
Centre depends on, inter alia , volume and packaging of imports/e xports and the level of client 
compliance.  The process is expected to be redu ced from a 12-24 hour turnaround time to an average 
of 6 hours or less. 
Table III.8 
Jamaica Import/Export Inspection Centre, 2010 
Ministry Regulatory agencies Items inspected 
Agriculture Plant Quaran tine/Produce Inspection Unit 
Veterinary Services Division Fresh fruits, vegetables, plan ts and glowers, and lumber
Meat and meat products, poultry, fish and fish products, 
and crustaceans 
Health Pesticides Control 
Pharmaceuticals Public Health Veterinary Public Health Pesticides 
Pharmaceuticals and nutroceuticals All food for human consumption Animal health 
Industry, Investment, and Commerce Bureau of Standards 
Food Storage and Prevention of Infestation Division Goods and services 
Food and feed 
Finance Customs All imports 
Source: Jamaica Import/Export Inspection Centre.  Viewed  at:  http://www.portinspec tion.gov.jm/items.html. 
                                                      
32 Ministry of Agriculture, "Exporter Information" .  Viewed at:  http://www.moa.gov.jm/Quarantine/ 
quarantine_regulations.htm. 
33 WTO (1998), p. 90. Jamaica WT/TPR/S/242 
 Page 55 
 
 
112. Jamaica has bilateral free-trade agreements  that contain provisions on sanitary and 
phytosanitary measures, for example the CARICOM- Costa Rica Free Trade Agreement, and the Free 
Trade Area Between the Caribbean Community and the Dominican Republic.  Instructions for the 
drafting of a Biosafety Bill are pending the approval of  Cabinet;  the Bill will enable accession to the 
Convention of Biological Diversity and implemen tation of the Convention's Biosafety Protocol 
regarding genetically modified organisms.34  The main SPS provisions in the EPA include:  the 
designation of Competent Authorities on SPS measures by both parties, and commitment from the CARIFORUM side to establish a regional body representing the CARIFORUM Competent 
Authorities to enhance regional integration;  and tr ansparency provisions, with the EU committing to 
cooperate with the region to enha nce relevant information exchange. 
(iv) Intellectual property rights 
(a) Legal and institutional framework 
113. Jamaica is a member of the World Intellectual Property Organization and a signatory to 
several intellectual property rights (IPRs) agreem ents:  WIPO Convention, since 1978;  Paris 
Convention (Industrial Property), December 1999;  Berne Convention (Literary and Artistic Works), 
January 1994;  Nice Agreement (International Classi fication of Goods and Services), February 2006;  
Rome Convention (Performers, Producers of Phonograms and Broadcas ting Organisations), 
January 1994;  Geneva Convention (Unauthorised  Duplication of Phonograms), 1994;  Vienna 
Agreement (International Classification of the Figur ative Elements of Marks), February 2006;  
Brussels Convention (Distribution of Programme  Carrying Signals Transmitted by Satellite), 
January 2000;  Nairobi Treaty (Olympic Symbol), March 1984;  WCT (WIPO Copyright Treaty), 
June 2002;  and WPPT (WIPO Performances a nd Phonograms Treaty), January 2002. 
114. Jamaica has a bilateral IPR agre ement with the United States.
35  Jamaica remains a special 
301 "Watch List" country in 2010, largely because the pa tent law is deemed as not  compliant with the 
TRIPs Agreement.36    
115. The Jamaica Intellectual Property Office (JIPO), established in 2001, acquired its status as a 
statutory corporation in 2002.  The Government re cognized the need to streamline, modernize, and 
provide a focal point for the administration of indus trial property and copyright and related rights, in 
order for it to fulfil its bilateral and multilateral oblig ations in intellectual prope rty.  JIPO is mandated 
to administer intellectual property systems in Jamaic a, in the areas of trade marks, industrial designs, 
geographical indications, copyright and related rights,  patents, new plant varieties, and layout-designs 
(Table III.9). 
116. Currently, the Government is looking into re pealing and replacing the Patent Act.  The 
Government's policy is to grant a patent automatical ly once it has been accepte d by the United States 
of America Patent Office or the European Union Pa tent Office.  Work is advanced on a new Patent 
and Designs Bill,  including new rules and fee structures. It  is anticipated that the Bill could be 
passed in the  next legislative  year.  In January 2009, the Jamaica Intellectual  Property Office (JIPO)  
began an in depth review of the draft document.   The new Patent and Designs Act will be fully 
compliant with the Patent Corporation Treaty (PCT) and the Locarno Agreement establishing an 
International Classification for Industrial Designs. 
                                                      
34 Government of Jamaica, "Legislation Programme 2003/2004 as at 15 January 2004".  Viewed at:  
http://www.cabinet.gov.jm/legislation.asp. 
35 The Agreement Concerni ng the Protection and Enforcement of Intellectual Property Rights, 1994. 
36 USTR (2010), p.33.  WT/TPR/S/242 Trade Policy Review 
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Table III.9 
Overview of IPR protection, 2010  
Coverage Duration Selected exclusions and 
limitations Main legal sources 
Copyright    
Literary, dramatic and artistic 
works, sound recordings, films, broadcasts and cable programmes, 
typographical arrangements, 
compilations of data and original database;  rental rights Life of the author plus 
50 years The Act provides for reciprocity of 
national treatment for foreigners who are citizens of countries listed 
in the schedule of "specified 
countries" (e.g. members of Bern and Rome conventions, or countries 
that give adequate protection to 
Jamaican copyright owners) Copyright Act 1993 
Copyright (Amendment) Act 1999 Copyright (Specified Countries) 
Order 1994 
Industrial designs     
Designs 15 years from the date 
of registration No protection is provided for 
designs that are "scandalous" or contrary to law or morality Designs Act 1937, as amended in 
1975 
Designs Rules of 1937 
Designs (Amendment) Rules 1983 
Trade marks    
Trade marks (including the shapes 
of goods and their packaging, 
graphic representations depicted by 
their colour, or a certain combination of colours and 
shapes); 
Service marks, collective marks and certification marks  10 years, renewable 
indefinitely, for 
successive 10-year 
terms Elements such as sound, perfumes, 
and containers, are not provided 
for;  
signs that are contrary to public policy or morality are not protected Trade Marks Act 1999 (in force 
since September 2001) 
Trade Marks Rules 2001 
Patents    
Invention, discovery or 
improvement (e.g. any manner of 
new manufacture or new mode of 
manufacture) 14 years, extendable 
for 7 years No protection if it would be contrary 
to the law Patent Act 1857, as amended in 
1974 and 1975 
Geographical indications 
Products originating in the territory of a country, region or given locality, where a particular quality or reputation is essentially 
attributable to its geographical 
origin.  The concurrent use of homonymous geographical 
indications to be registered is 
allowed, provided that a suitable differentiation is made between the 
products Undetermined No protecti on for indications likely 
to mislead the public;  contrary to public order or public morality;  not or no longer protected or that have 
fallen into disuse in their country of 
origin Protection of Geographical 
Indications Act 2004 
Layout-designs (topographies) of integrated circuits 
Layout-designs that were first 
commercially exploited after the 
entry into for ce of the Act 10 years from the date 
on which the design 
was first commercially exploited (not 
renewable) No protection for ideas, concepts, 
processes, principles, systems, 
procedures, or discoveries Layout-Designs (Topographies) 
Act 1999 
Source:  WTO Secretariat. 
117. Consultations on amendments to the Copyright Act, arising out of Jamaica’s accession to the 
WIPO internet treaties, which includes the WIPO  Copyright Treaty and the WIPO Performances and 
Phonograms Treaty, have been held with stakeholde r interests since July 2008.  Cabinet approval was 
received in 2008 for promulgation of the law on the Protection of the Rights of Breeders of New 
Varieties of Plants, and in January 2009 JIPO and the Ministry of Agriculture participated in a 
working meeting of the International Convention for the Protection of New Plant Varieties (UPOV) to 
facilitate the preparation of work on drafting instru ctions.  General law provides protection for trade 
secrets.   Jamaica WT/TPR/S/242 
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118. A Geographical Indications Act was passed in 2004 to protect products that originate from 
localities where a particular quality or reputation is  attributable to its geographical origin. The 
Geographical Indications Act and re gulations are in force.  Jamaica is seeking TRIPS-plus provisions 
as regards the protection of geographical indications, the aim being to grant to other products the same 
level of protection presently granted to wines a nd spirits.  Under the EPA, there is a rendez-vous 
clause according to which the CARIFORUM States will establish a system of protection for 
geographical indications by 2014. 
119. Parallel imports are not allowed under the Copyright Act or the Layout-Designs 
(Topographies) Act;  they are forbidden under the Trade Marks Act only upon written request to the 
Commissioner of Customs from the proprietor of a re gistered trade mark or a licensee.  The Patent 
Act and the Design Act do not prohibit parallel im ports.  The legislation does not provide for 
compulsory licensing of patents but this is covered in  the draft of the future Patents and Designs Act. 
(b) Enforcement 
120. The authorities consider that, with the resources av ailable. Jamaica has achieved results in the 
area of enforcement since 2005.  The number of criminal prosecutions has increased long with 
vigilance in carrying out raids and seizures of pirated products, including CDs and DVDs.37 
121. Jamaica has responded to the questions on the WTO checklist of issues on IPR enforcement.  
IPR legislation is enforced mainly by the Jamai ca Constabulary Force (JCF) (the police), through its 
IP Unit (consisting of four persons) in the dedi cated Organized Crime Investigation Division, 
composed of 53 officers.  The JCF may initiate crim inal proceedings on the basis of a complaint or on 
its own initiative.  The Jamaica Customs is in ch arge of action against counterfeit activities at the 
border and works in conjunction with the Revenue Pr otection Division of the Ministry of Finance.  
Suspension of imports by Customs is covered only in  the Copyright Act and the Trade Marks Act, and 
is subject to application by the rights owner to the Customs Department;  neither the Copyright Act 
not the Customs Act empowers customs author ities to act ex officio in any instance. 
122. Civil IPR matters are dealt with by resident  magistrates courts (for damages claims not 
exceeding J$250,000), and the Supreme Court (for larger sums and injunctive relief).  Criminal acts of 
infringement of IPRs may also be dealt with by th e Supreme Court.  A decision that is unsatisfactory 
to either party may be taken to the Court of Appeal .  According to the authorities, the IPRs most often 
subject to court action are copyright and trade marks. 
123. Courts have the power to take provisional meas ures, such as interlocutory injunctions in the 
case of copyright and related rights.  In the case of trade marks and designs, measures include:  an  
order for detention, preservation, or inspection of the property;  an order for sale for perishable 
articles;  and an injunction against continuance or repetition of wrong. 
124. The penalties for copyright and related rights, and trade marks infringement vary according to 
the nature of the infringement.  The legislation provides for fine s ranging from US$100,000 per 
offence, to US$1 million with the possibility of im prisonment;  or imprisonment only, with a sentence 
from six months to a maximum of five years.   The Patent Act provides for both criminal and civil 
proceedings.  The fine is "a sum equal to three time s the actual damage sustained" by the patent owner 
as a result of the offence.  The cour ts also have the power to revoke a patent.  Under the Designs Act, 
                                                      
37 Over the review period, there have been arou nd 200 arrests and prosecutions for breaches of the 
Copyright and Trade Marks Acts.  Penalties ranged from fines of J$15,000 to J$200,000 and/or three months-one year imprisonment. WT/TPR/S/242 Trade Policy Review 
Page 58 
 
 
the fine for unlawful use of a registered design is J$100 for each offence.  Under both the Patent Act 
and the Designs Act, civil proceedings may also  be brought, and remedies include an injunction. 
125. According to the authorities, the primary problems facing the JPO's Copyright and Related 
Rights Directorate are :  (i) limited personnel to carry out numer ous duties.  The unit has a staff of one 
Manager/Attorney-at-law.  The post of Copyright O fficer has been approved for the Directorate, but 
there is currently a Government freeze on filling of vacancies;  (ii) severe budgetary cuts, which 
hamper the implementation of public education activ ities;  and (iii) the inactivity of the Jamaica 
Anti-Piracy Alliance (JAPA).  The JAPA was establis hed in 2003 as a partnership of associations that 
represent or manage intellectual property rights, focusing on public educati on and collaboration with 
law enforcement agencies in their prosecution of  breaches of IP.  JAPA has been inactive since 2007 
due to disinterest.  Discussions are being undertaken  with members to determine how JIPO can help 
re-activate the JAPA's work. 
126. A major focus for JIPO has been  public sensitization, from the educational institutions to the 
general public.  It provides guidance on matters re lating to IPRs to members of the Jamaica Bar 
Association and the Attorney General's Chambers, when requested.  Specialized training courses on 
IP enforcement are provided annually to members of  the Organized Crime Investigation Unit, Office 
of Public Prosecution, and Jamaica Customs, under th e auspices of the U.S. Department of State and 
the U.S. Patent and Trade Mark Office.