Jamaica WT/TPR/S/139/Rev.1 
 Page 35 
 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) OVERVIEW  
1. Since its Review in 1998, Jamaica has conti nued its gradual liberalization process, in 
particular by taking steps to facilitate trade.   These steps include customs modernization and 
computerization programmes, which have resulted in shorter customs clearance times.  Jamaica has 
also ceased to use reference prices, and adopted  the WTO definition of the transaction value for 
customs valuation. 
2. Tariffs are an important source of fiscal revenue , and the main instrument of border protection 
in Jamaica.  All tariffs are ad valorem ;  the simple average MFN tariff is at 8.6% in 2004, down from 
10.9% in 1997.  However, tariffs on certain ve getables have been increased from 40% to 100%.  
Average tariff protection for agricultural products (W TO definition) remains substantially higher than 
for non-agricultural products:  18.1% and 6.7%, r espectively.  Virtually all imports from CARICOM 
members enter Jamaica duty free. 
3. In addition to tariffs, certain other duties a nd charges are applied exclusively on imports, 
which increases border protection considerably, for some products.  The customs user fee and the 
stamp duty are applied to imports.  For a number of products, an additional stamp duty is levied on the 
customs value plus tariff in a compound manner.  Fo r example, vegetables subject to a 100% tariff are 
subject to an additional stamp duty of 80%, which, following the official methodology, results in an aggregate import duty of 260%.  Taking into acc ount the additional stamp duties, the average 
aggregate import duty on agricultural products (W TO definition) reaches 28.7% increases roughly by 
10 percentage points. 
4. Jamaica has bound all of its tariff lines, thus in creasing the predictability of its trade regime.  
However, the gap between applied and bound tariffs remains wide, a nd applied rates are above their 
bound levels for a number of products, in some ca ses by as much as 20 percentage points.  Other 
duties and charges were bound at 15%, with several tariff lines, particularly agricultural products, 
bound at higher levels. 
5. Domestic taxes are levied on both imports a nd domestically produced goods.  To raise 
government revenue,  some tax exemptions were eliminated in 2003, and an excise duty was re-
introduced on cigarettes, cigars, tobacco and its extracts and essences. 
6. Since 1998, Jamaica has introduced national legi slation on contingency measures in order to 
protect domestic producers from imports.  In 2001 , Jamaica imposed its first anti-dumping measure, 
on imports of ordinary Portland grey cement,  and in 2002 it imposed anti-dumping duties on 
inorganic fertilizers.  Jamaica's first safeguard, on Portland grey cement, was imposed as a provisional 
measure in 2004. 
7. Import licensing applies to products with a poten tial impact on the environment, health, and 
safety.  Imports of oils and fats from non-CARI COM members are subject to special conditions.  
Jamaica has adopted a new system of  controls to ensure food safety, and has taken steps to streamline 
its sanitary and phytosanitary legislation.  Jamaica is  also participating in efforts within CARICOM to 
establish a standards and quality control regional organization. 
8. Jamaica applies no charges to ex ports.  Export prohibitions apply to a small number of goods, 
including spirits and wines.  Some products are subject to export licensing, including some of Jamaica's major exports (bauxite and sugar).  Numerous schemes are in place to encourage domestic 
production in general or e xports in particular.  Four of these, including the Export Free Zones regime, WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 36 
 
 
were notified to the WTO as providing export s ubsidies.  Although no estimates exist of the net 
economic cost or benefit of Jamaica's fiscal incen tives, they are likely to result in considerable 
forgone tax revenue, which is a significant consider ation in view of Jamaica's fragile fiscal position 
(Chapter I(2)(iii)). 
9. Jamaica has modernized and extended the cove rage of its competition policy legislation, 
which is an important step as competition can be lim ited in small economies.  The State continues to 
play a role in certain commercial activities, and ad ministered prices are applied to utilities and certain 
services.  Improvements have been made to the in stitutional framework for government procurement;  
preferences may be given to Jamaican suppliers through the use of offsets. 
10. Jamaica's intellectual property legislation has b een amended to align it more closely with 
WTO rules.  The relevant legislation was reviewed by WTO Members in 2001. 
(2) MEASURES DIRECTLY AFFECTING IMPORTS  
(i) Procedures 
11. The main legislation governing customs proce dures is the Customs Act, 1941 as amended, the 
Trade Act, 1955 as amended, and Customs Regulati ons.  Jamaica launched a Customs Modernisation 
Programme in 2000, and is developing its own cu stomised software for the use of the Customs 
department (the C78 Electronic Entry Lodgement Sy stem);  it decided not to use ASYCUDA, as it 
was considered not to meet Jamaica Cust oms business requirements by the authorities. 
12. Imports under US$1,000 for commercial or non-commercial purposes (informal entries) may 
be cleared directly by the importer using customs entry form C79.  Imports over US$1,000 and up to 
US$5,000, require a customs entry form C78 and ma y also be cleared by the importer.  Imports 
exceeding US$5,000 must be cleared by a licensed Customs Broker (who has to be a Jamaican citizen) using form C78.  Perishable goods or urge nt consignments may be cleared without a formal 
customs entry form;  nevertheless, other documents, su ch as SPS certificates, are still required.  In this 
case, a cash deposit, or bank guarantee is required to cover duties to be paid. 
13. Other documents required include:  a tax re gistration number (TRN) and a tax compliance 
certificate delivered by the Inland Revenue Department
1;  import licence (issued by the Trade Board 
Ltd, Ministry of Commerce and Technology) or an  import permit, when required;  bill of lading or 
airway bill (delivered by the shipping agent);  a supplier/seller’s invoice, or, when the seller’s invoice 
is absent or inadequate in a material way, a bill of sight (C24B, listi ng details of goods being 
imported), prepared by the importer or broker and cer tified by the Customs;  value declaration forms 
(C84 or C85) and invoices.2  In order to benefit from preferential access, imports from CARICOM 
countries require a certificate of origin from the cer tifying authorities in the country of origin; for 
preferences under bilateral agreements, a specific cer tificate form is used.  The authorities indicate 
that all entries are processed w ithin five minutes to three hours fo r fast-track entries and within 
24 hours for regular entries. 
14. Among the products subject to import licence (see  section (x)), some also require other 
support documents.  Imports of fruit and vegetables n eed a permit from the Ministry of Agriculture.  
Since 1 January 2004, traders importing on behalf of  manufacturers using refined sugar as an input, as 
                                                      
1 TRN is a nine-digit identification number assigned to all taxpayers – individuals, enterprises, or 
organizations. 
2 C84 form is used when the method of valuation for duty calculation purposes is the transaction value,  
and C85 when any other method is used. Jamaica WT/TPR/S/139/Rev.1 
 Page 37 
 
 
well as the manufacturers themselves, are required to  register with the Trade Board for monitoring 
purposes (Chapter IV(2)).  Importers of milk powde r are also required to register with the Trade 
Board;  there is no registration require ment for importers of other products. 
15. Customs carries out documentary as well as random physical inspection.  It has also 
introduced non-intrusive cargo inspection.   Under th e Selected Importation Inspection System (SIIS), 
introduced in 1991, importers without a record of customs violations are allowed to import without 
inspection.  Goods must be cleared, by law, within  14 days from the day they were unloaded;  
otherwise, they are removed to a warehouse for a maximum three months, subject to payment of rent 
and other charges, and subsequently sold by  public action after one month's notice in the Gazette .  
However, the importer has until the morning of the auction to pay all duties, fees, and charges.  
Perishable goods can be sold after 14 days from the day they were offloaded. 
16. In order to facilitate trade, the Customs De partment introduced a fast track system in 
April 2002.  It can be used by customs brokers who maintain a minimum of 95% error-free rate of 
entries lodged;  in doing so, they bypass the de tailed invoice inspection and process their entries 
within maximum four hours; detailed checks are done only after cargo is released.  The Ministry of 
Agriculture does the verification of SPS certificates .  Under the Customs computerization project, put 
in place in 1996, different systems, such as car go processing, export, e-manifest, e-payment, 
e-submission, duty write-off, warehousing, site insp ection, and data warehous ing, and valuation and 
risk management systems, have been implemented or are being tested.  The pre-arrival processing system (cargo processing), which has been used frequently since 2000, allows for the processing of 
the import entry C78 and for payment of duties prior to the arrival of the ship;  entries are submitted 
by e-mail or diskette and processed within four hours using a fast track system. 
17. The e-payment (online entry payment) system was launched in July 2003 to facilitate import 
duty payments by brokers and importers;  outside  the e-payment system, duties are paid at the 
cashiers’ halls at the customs sites.  The e-manifest  system enables carriers to submit their manifest 
electronically ahead of their arrival;  it is submitted by  the shipping line or its agent.  The system is 
being piloted at two berths of Port Bustamante.  To facilitate the clearance of goods valued up to 
US$1,000, the electronic C78X system is being test ed in parallel;  it will replace the C79 system.  A 
Customs automated services online system will permit importers and brokers to interact online with 
Customs;  it will allow them to check the status of their transactions. 
18. In the case of disputes over the duty demanded,  customs decisions may be appealed to the 
Assistant Commissioner of Valuation, within thr ee months after the deposit of payable duty.  The 
importer can also appeal to the Taxpayer Appeals De partment or to the Courts.  The Commissioner's 
decisions may be appealed within 30 days of the decision to the Taxpayer Appeals Department, 
whose decisions can in turn be appealed to the Re venue Court.  According to the authorities, since 
June 2002, there have been 51 internal appeals for va luation disputes, with a decision rate of 50% in 
favour of importers.  Two matters  (also concerning duty values) were heard by the Appeals 
Department with one going in favour of the importer. 
19. Jamaica has notified the WTO of its relevant laws and regulations concerning preshipment 
inspection (Section 19 of the Revenue Board Act an d Section 257 of the Customs Act).  However, 
preshipment inspection is no longer deemed to  be necessary by the authorities since the 
dismantlement of foreign exchange controls. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 38 
 
 
(ii) Customs valuation 
20. On 10 March 2003, Jamaica started to apply th e Agreement on Implementation of Article VII 
of the GATT 1994 (with the exception of Article 6), and to use the WTO definition of transaction value;  Article 6 became applicable in March 200 4.  Provisions related to the application of the 
Agreement were introduced to domestic legislati on by the Customs (Amendment) Act 2001, adopted 
on 1 March 2001.  Jamaica was granted an extens ion until 10 March 2003 to use minimum values on 
selected products (used motor vehicles, moto r cycles, chassis and bodies, and equipments).
3  For all 
other products, the extension ende d on 10 March 2001 and Jamaica started to use the transaction value 
on 3 June 2002; the delay was due to the passing of  the legislation.  To reflect the changes in 
legislation, declaration of value forms C70A a nd C70B were replaced in 2002 with forms C84 and 
C85. 
21. According to the Customs (Amendment) Act 2001, in the case of a doubt about the accuracy 
of the declared value, the customs value is  established on the basis of the Agreement on 
Implementation of Article VII of the GATT 1994, a pplying sequentially the valuation methods as per 
the Agreement.  According to the authorities, th e incidence rate for false invoicing ranges from 50% 
to 70% for imports of clothing, electronics, motor vehicles, fresh fruits, vegetables, and spirits and 
liquor.  Customs, through the use of its newly acq uired risk management and intelligence system, is 
targeting these imports for screening/profili ng, investigation, and enforcement. 
(iii) Rules of origin 
22. Jamaica has notified the WTO that it does not ma intain any non-preferential rules of origin 
and has not made any such judicial decisions or  administrative rulings of general application.4 
23. Preferential rules of origin apply to impor ts from other CARICOM countries and countries 
with which Jamaica has concluded bilateral pref erential agreements (as part of CARICOM).  
CARICOM rules of origin are described in Article 84  of the Revised Treaty of Chaguaramas.  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, or  is defined specifically for each tariff heading in 
Part A of the List in Schedule II.  For most ag ricultural products, origin is conferred only if the good 
is wholly produced within CARICOM or is produ ced using regional materials.  In the case of 
industrial products, origin requirement s are related either to a transformation process or to the value of 
extra-regional materials.  Jamaica, as a more deve loped country of CARICOM is subject to stricter 
rules in some cases.5 
24. The bilateral provisions of the rules of origin with Colombia are set out in Article 9 of the 
Agreement on Trade, Economic and Technical Co- operation Between the Caribbean Community and 
the Government of the Republic of Colombia, an d in Annex III to the Protocol Amending the 
Agreement, effective since 1 June 1998.6  Rules of origin with the Dominican Republic are defined in 
the Appendix I to the Annex I of the Agreemen t Establishing the Free Trade Area Between the 
Caribbean Community and the Dominican Republic ;  specific criteria are spelled out in the 
Attachment to the Appendix. 
                                                      
3 WTO document G/VAL/40, 15 March 2001. 
4 WTO document G/RO/N/4, 7 August 1995. 
5 For more details, see WTO (1998). 
6 Annex III replaced rules of origin spe lled out in Annex IV to the Agreement. Jamaica WT/TPR/S/139/Rev.1 
 Page 39 
 
 
25. In the agreements with Colombia and the Domi nican Republic, in general, goods are treated 
as originating in one of the parties if they have been  wholly produced within that party, or they have 
been produced within one of the parties wholly or  partly from materials imported from third countries, 
provided substantial transformation has taken place within  that party.  The general principle to define 
the substantial transformation is the change of cu stoms classification heading.  Both agreements 
provide for regional cumulative treatment.  The certification of origin is done by a government authority of the country of origin (by th e Trade Board Ltd in the case of Jamaica). 
(iv) MFN tariff structure 
26. Tariffs and other duties and charges are Jamaica' s main trade policy instrument.  Tariffs also 
make an important contribution to government re venue, which in 2003/04 reached J$12 billion (9.3% 
of total taxation revenue a nd 4.3% of total revenue).
7  Tariffs, like other taxes, can be increased only 
by the House of Representatives;  however, this a pproval is not required for tariff reductions. 
27. Jamaica grants at least MFN treatment to all trad ing partners.  It has been applying the fourth 
(and most recent) phase of CARICOM's Common Exte rnal Tariff (CET) since January 1999.  The 
Jamaican schedule is based on the Harmonized Comm odity Description and Coding System (HS), and 
was updated to the HS 2002 classification in 2004.   Jamaica's schedule comprises 6,429 lines at the 
eight-digit level and ten lines at the ten-digit leve l, representing an increase of disaggregation from the 
maximum seven-digits used in 1997.  The tariff has ni ne tiers, with rates of 0, 5, 10, 15, 20, 25, 30, 40 
and 100%.  All tariffs are ad valorem , levied on the c.i.f. value of the import.  No seasonal tariffs, or 
tariff quotas are used. 
28. Exceptions to the CET are included in List A ( items in respect of which member states wish 
to encourage national production) and List C (items  for which minimum rates have been agreed, but 
can be increased up to bound levels by members).  There are 97 products in Jamaica's List A, mainly fisheries and agricultural products (including meat and dairy products), as well as plastic and ceramic 
products.  These products are subject to tariffs of up to 40%;  applied tariffs are higher than the CET 
for 29 items, lower for 16 items, and equal to the CE T for other items.  Jama ica's List C contains 237 
items, mostly manufactured products (such as alc oholic beverages, tobacco, oil products, jewellery, 
electrical appliances and motor vehicles).  Rate s applied to these products are higher than the 
CET rates for 20 items, lower for 11 and equal to th e CET for other items;  the maximum rate is 30%. 
29. In early 2004, the simple average applied MFN tariff was 8.6% (Table III.1), 2.3 percentage  
points lower than in 1997.  Tariff rates range from 0% to 100% for agricultural products (WTO 
definition) and from 0% to 40% for non-agricultura l products.  On average, tariff protection for 
agricultural products remains substantially higher than for non-agricultural products, at 18.1% and 
6.7%, respectively.  Product groups with relatively high average tariffs include fruit and nuts, fish and 
crustaceans, vegetables, meat, and beverages.  Since Jamaica's last Review, tariffs have been 
increased on certain products, notably vegetables, su ch as tomatoes, cabbages, lettuce and carrots, for 
which the tariff was increased from 40% to 100%. 
30. Stamp duties are generally applied on agricultu ral products.  When additional stamp duties 
(section (ix)) are taken into account, average border protection raises from 8.6% to 10.3% for the 
                                                     
 
7 Ministry of Finance and Planning (2004a). WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 40 
 
 
overall tariff.  While the average remains at 6.7%  for non-agricultural products, it rises from 18.1% to 
28.7% for agricultural products (WTO definition).8 
Table III.1 
Summary analysis of Jamaica's MFN tariff,  and MFN tariff including stamp duties, 2004 
 MFN 
Description  
No. of lines  
Average 
(%)  
Range 
(%)  
SD 
(%)  
CV Average incl. 
stamp duties 
(%) 
Total 6,439 8.6 0.0-100.0 12.3 1.44 10.3 
       
HS 01-24 1,132 20.6 0.0-100.0 17.7 0.86 30.4 
HS 25-97 5,307 6.0 0.0-30.0 9.0 1.50 6.0 
       
By WTO category       
WTO Agriculture 1,055 18.1 0.0-100.0 17.7 0.97 28.7 
Animals and products thereof 156 24.5 0.0-40.0 16.8 0.69 54.1 
Dairy products 24 16.9 0.0-40.0 13.7 0.81 18.8 
Coffee and tea, cocoa, sugar etc. 170 16.5 0.0-40.0 15.2 0.92 20.9 
Cut flowers, plants 56 7.5 0.0-40.0 14.9 1.98 7.5 
Fruit and vegetables 259 25.6 0.0-100.0 19.5 0.76 37.2 
Grains 29 14.3 0.0-40.0 13.4 0.94 22.8 
Oil seeds, fats and oils and their 
products 94 16.0 0.0-40.0 19.1 1.19 29.3 
Beverages and spirits 109 23.6 0.0-40.0 11.7 0.50 29.7 
Tobacco 10 21.0 0.0- 30.0 14.5 0.69 57.5 
Other agricultural products 
n.e.s. 148 2.5 0.0-40.0 7.3 2.93 3.3 
WTO non-agriculture 
(including petroleum) 5,384 6.7 0.0-40.0 10.0 1.49 6.7 
WTO non-agriculture 
(excluding petroleum) 5,359 6.7 0.0-40.0 10.0 1.50 6.7 
Fish and fishery products 162 26.2 0.0-40.0 17.4 0.66 26.5 
Mineral products, precious 
stones and precious metals 398 7.6 0.0-30.0 9.9 1.32 7.6 
Metals 727 3.2 0.0-20.0 6.6 2.10 3.4 
Chemicals and photographic 
supplies 1,020 3.7 0.0-20.0 7.0 1.90 3.7 
Leather, rubber, footwear and 
travel goods 185 7.4 0.0-30.0 9.4 1.28 7.4 
Wood, pulp, paper and 
furniture 322 6.9 0.0-20.0 8.6 1.25 6.9 
Textile and clothing 974 8. 7 0.0-25.0 9. 9 1.13 8.7 
Transport equipment 187 6.5 0.0-30.0 10.1 1.57 6.5 
Non-electric machinery 592 2.3 0.0-25.0 6.3 2.72 2.3 
Electric machinery 266 6.6 0.0-30.0 9.4 1.42 6.6 
Non-agriculture articles n.e.s. 526 11.2 0.0-30.0 10.5 0.93 11.2 
Petroleum 25 13.8 0.0-15.0 4.2 0.30 13.8 
       
By ISIC sector a       
Agriculture and fisheries 430 21.5 0.0-100.0 21.2 0.98 26.1 
Mining 114 3.3 0.0-30.0 8.5 2.58 3.3 
Manufacturing 5,894 7.7 0.0-40.0 10.9 1.41 9.3 
Table III.1 (cont'd) 
                                                      
8 For example, for carrots, the tariff is 100% and the stamp duty is 80%.  As the stamp duty is applied 
to the c.i.f. value of imports plus the tariff, the duty ( called “aggregate duty” in Jamaican legislation) applied to 
the c.i.f. value of import is equivalent to 260%. Jamaica WT/TPR/S/139/Rev.1 
 Page 41 
 
 
 MFN 
Description  
No. of lines  
Average 
(%)  
Range 
(%)  
SD 
(%)  
CV Average incl. 
stamp duties 
(%) 
By HS section       
 01 Live animals & prod. 325 25.0 0.0-40.0 18.0 0.72 38.2 
 02 Vegetable products 400 19.1 0.0-100.0 20.9 1.09 29.4 
 03 Fats & oils 53 25.3 0.0-40.0 18.9 0.75 35.7 
 04 Prepared food etc. 354 17.4 0.0-40.0 11.5 0.66 23.5 
 05 Minerals 191 4.7 0.0-20.0 6.5 1.39 4.7 
 06 Chemical & prod. 957 3.2 0.0-20.0 6.7 2.11 3.2 
 07 Plastics & rubber 246 6.0 0.0-30.0 8.2 1.36 6.0 
 08 Hides & skins 84 7.1 0.0-20.0 9.6 1.35 7.1 
 09 Wood & articles 124 7.2 0.0-20.0 7.9 1.10 7.2 
 10 Pulp, paper etc. 173 5.0 0.0-20.0 8.4 1.69 5.0 
 11 Textile & articles 961 8.3 0.0-20.0 9.8 1.18 8.3 
 12 Footwear, headgear 66 15.4 0.0-20.0 7.8 0.51 15.4 
 13 Articles of stone 182 7.5 0.0-25.0 9.0 1.19 7.5 
 14 Precious stones, etc. 61 17.9 0.0-30.0 12.9 0.72 17.9 
 15 Base metals & prod. 719 3.7 0.0-20.0 7.1 1.94 3.9 
 16 Machinery 891 4.1 0.0-30.0 8.1 1.99 4.1 
 17 Transport equipment 198 6.4 0.0-30.0 10.1 1.57 6.4 
 18 Precision equipment 250 7.9 0.0-30.0 10.9 1.37 7.9 
 19 Arms and ammunition 24 21.3 0.0-30.0 10.8 0.51 21.3 
 20 Miscellaneous manuf. 172 14.5 0.0-20.0 7.5 0.52 14.5 
 21 Works of art, etc. 8 20.0 20.0-20.0 0.0 0.00 20.0 
       
By stage of processing       
First stage of processing 847 15.8 0.0-100.0 19.5 1.23 18.9 
Semi-processed products 1,886 1.5 0.0-40.0 5.0 3.22 2.1 
Fully-processed products 3,706 10.5 0.0-40.0 11.2 1.06 12.6 
 
a ISIC (Rev.2) classification, excluding electricity (1 line). 
 
Note: CV = Coefficient of variati on;  SD = Standard deviation. 
 
Source:  WTO Secretariat estimates, based on data provided by the authorities of Jamaica. 
31. Tariff dispersion, measured by the coefficient of  variation, has increased slightly compared 
with 1997, as the decline of the aver age has been greater th an the decline of the standard deviation, 
due to the increase of tariff rates to 100% for some lines. 
32. Just over 60% of all tariff lines are duty free, while almost 20% of the tariff ranges from 15% 
to 20% (Chart III.1).  Some 6.5% of lines bear ra tes higher than 30%, and about 400 lines have a rate 
of 40%.  Tariff peaks (e.g. over three times the av erage) mainly affect fisheries and agricultural 
products, especially meat, vegetables, coffee, fats a nd oils, sugar, and prepar ations of vegetables, 
fruits or plants.  Five items are subject to a duty rate of 100% (equal to the bound rate):  tomatoes, 
cabbages, cabbage lettuce, and ot her lettuce, as well as carrots. 
33. Duty-free rates concern only 37.6% of agricultu ral (WTO definition) lines, compared with 
65% of non-agricultural lines.  About 30% of all ag ricultural tariff lines carry rates over 30%, while 
this proportion is less than 2% for non-agricultural products. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 42 
 
 
(0.9%)(19.3%)
(5.9%)
(3.4%)(60.5%)
(1.7%) (1.9%)(6.4%)
05001,0001,5002,0002,5003,0003,5004,0004,500
Duty free >0-5 >5-10 >10-15 >15-20 >20-25 >25-30 >300102030405060708090100Chart III.1
Frequency distribution of MFN tariff rates, 2004
Number of tariff lines Per cent
Cumulative per cent
Number of lines (% of total)
WTO Secretariat calculations, based on data  provided by the authorities of Jamaica. Source :
 
(v) Tariff escalation 
34. Tariff escalation is mixed (e.g. negative fro m raw materials to se mi-processed goods and 
positive from semi-processed to fully processed products ) in all sectors, with the exception of wood 
products, paper, and fabricated me tal products, which show positive escal ation (Chart III.2).  This has 
negative implications on economic incentives, especially  for the production of intermediates, as inputs 
benefit from higher protection than the output.  In most manufacturing subsectors however, the 
average tariff applied to fully processed goods is su bstantially higher than for raw materials, except 
for food and beverages products (ISIC 31), for wh ich the applied rate for raw materials is 
4 percentage points higher than for fully processed goods. 
 Jamaica WT/TPR/S/139/Rev.1 
 Page 43 
 
 
0.05.010.015.020.025.0
Raw materials Semi-processed Fully processedChart III.2
Tariff escalation by ISIC 2-digit industry, 2004
Per cent
Sourc e: WTO Secretariat estimates, based on data provided by the authorities of Jamaica.Food, 
beveragesTextiles, 
apparelWood 
productsPaper, 
printingChemicals, 
plasticsNon-
metallic 
mineral 
productsBasic 
metal 
productsFabricated 
metal 
productsNOT APPLICABLE
 
(vi) Tariff bindings 
35. As a result of the Uruguay Round, Jamaica bound  100% of its tariff lines, with an average 
rate of 53.2% (97.4% for agricultural products (WTO definition) and 43.7% for non-agricultural 
products).  Tariff rates on non-agricultural products  were bound at a uniform rate of 50% (with the 
exception of those previously bound at the lower le vel).  In agriculture, Jamaica bound its tariffs at 
100% (except for those previously bound at th e lower level).  Pre-Uruguay Round commitments 
concern 878 items, mainly non-agricultural products such as inorganic and organic chemicals, rubber 
articles, tools of base metal, machinery, and elect rical equipment;  the bindings vary between zero and 
12.5%, with the exception of linseed oil, which is  bound at a specific rate of J$0.30 per 100 lb. 
36. In early 2004, MFN applied rates exceeded their bound levels for certain non-agricultural 
products for which the rates were bound before the Uruguay Round;  for some items the gap was over 
10 percentage points (Table III.2). 
37. For non-agricultural products, "other duties a nd charges" were bound at 15%, except on three 
lines:  aluminium extrusions (solid shapes), corr ugated aluminium sheets, and aluminium extrusions 
(hollow shapes and slugs for tooth paste), for which other duties were bound at 80%.  In agriculture, other duties were bound at 15%, except for 56 produ ct groups and 14 HS Chapters, bound at 80% and 
for three sugar products, bound at 200%. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 44 
 
 
Table III.2 
Selected items for which MFN applied rates exceed bound rates, 2004 
HS code Description MFN tariff Bound tariff 
1515190000 Linseed oil, other than crude 40 0a 
2704001000 Coke and semi-coke of coal 5 0 
2807002000 Sulphuric acid, other 15 10 
2811210000 Carbon dioxide 15 10 
2814100000 Anhydrous ammonia 15 10 
2818200000 Aluminium oxide (alumina),  other than artificial  15 10 
2833220000 Sulphates of aluminium 15 10 
2904101000 Sulphonic acid (tridecylbenzene (TDBSA) and Linear Alkylbenzene 
(LABSA) 15 10 
2904102000 Sulphonic acid (Dodecylbenzene (DDBSA)) 15 10 
3919100000 Self-adhesive plates in rolls of a width not exceeding 20 cm 15 10 
3919901000 Having the characteristics of articles r eady for use, or mark ed for cutting into 
such articles 15 10 
3919909000 Other self-adhesive plates in rolls 15 10 
4406100000 Railway or tramway sleeper s of wood, not impregnated 15 5 
4406900000 Other railway or tram way sleepers of wood 15 5 
4417001000 Handles for axes, brooms, files, hammers,  hoes 15 3.5 
7312101000 Stranded wire 15 3.5 
7312102000 Cables 15 3.5 
8205510000 Household tools 20 3.5 
8511100000 Sparking plugs 10 0 
8511200000 Ignition magnetos;  magneto-dynamos;  magnetic flywheels 10 0 
8511300000 Distributors;  ignition coils 10 0 
8511400000 Starter motors and dual purpose starter 10 0 
8511500000 Other generators 10 0 
8511800000 Other equipment 10 0 
8511900000 Parts for electrical equipment 10 0 
8518300000 Headphones and earphones, wh ether or not combined 20 0 
8518900000 Parts for microphones and sound equipment 20 0 
 
a Ad valorem  equivalent (AVE) calculated by the Secretariat, based on 2002 import value and volume.  The AVE is the ratio 
 between the specific duty and the unit value of import of  this item (J$0.30/100 lb and J$3130/100 lb respectively). 
Note: As Jamaican tariff bindings are in HS1996 and applied tari ffs in HS2002, the comparison is only for identical HS1996 and 
HS2002 lines. 
Source: WTO Secretariat. 
(vii) Tariff preferences 
38. Imports from other CARICOM countries are admitt ed duty free if they meet the rules of 
origin criteria.  Nevertheless, the CARICOM Treaty  allows a few national exceptions (Schedule I) to 
the duty-free entry of goods from other CARICOM member states.  Jamaica's list of exceptions 
includes milk and cream (fresh, evaporated or c ondensed);  imports of these products from other 
CARICOM countries are subject to the CET. 
39. Under the Agreement on Trade, Economic and Technical Cooperation between the Caribbean 
Community and the Government of the Republic of  Colombia (Chapter II(3)(ii)), Jamaica granted 
duty-free access as of 1 June 1998 for a number of pr oducts originating in Colombia, and phased duty Jamaica WT/TPR/S/139/Rev.1 
 Page 45 
 
 
reductions on another group of pr oducts between 1 January 1999 and 1 January 2002.  Goods granted 
duty-free access in 1998 included various products considered as non-competing inputs or non-
competing capital goods in Jamaica's Tariff Schedul e, which were already granted duty-free access on 
an MFN basis.  However, as the bound tariff on these products is 50%, the concessions provide 
Colombia with better security then MFN treatment.  The products subject to gradual duty reductions 
include other non-competing inputs and capital goods, pl us a few items subject to MFN tariffs, such 
as pimento (subject to a 40% rate); rubies, sapphires and emeralds (30%), spoons plated with precious 
metals (20%), gauze (15%), and some types of coated electrodes (15%). 
40. The agreement establishing the free-trade area between CARICOM and the Dominican 
Republic grants duty-free entry into Jamaica to a ll goods other than those set out in Appendices II and 
III to the agreement.  Appendix II concerns mainly:  plants, coffee, preparations of meat, cereals and 
vegetables, beverages, plastics pr oducts, and footwear.  It established a phased tariff reduction to 0% 
by 1 January 2004 in the Dominican Republic an d in the More Developed Countries of CARICOM 
(including Jamaica).  However, this reduction has no t yet taken place and is currently being reviewed.  
The goods referred to in Appendix III remain indefinite ly subject to the MFN rate of duty, and cover 
mainly fish, some meat, dairy produce, some vegeta bles and preparations of vegetables, iron and steel 
and articles of iron and steel. 
41. Jamaica, as part of CARICOM, has signed a trade and economic cooperation agreement with 
the Republic of Cuba; it has been applied temporarily  since the end 2002.  It grants duty-free access 
for a list of products (concerning 66 HS chapters ) from Cuba (Annex II of the agreement) and a 
phased reduction of the preferential duties to reach 0% over four years for a limited number of 
products, including coffee, sausages, pasta, jams a nd marmalades, soups, plastic articles for packing 
of goods, tableware, cartons, boxes and ba gs, and some netting and fencing cloth. 
(viii) Tariff concessions 
42. Several incentive schemes, whether general or sector-specific, provide for duty relief 
(see sections (3)(iv) and (4)(ii)).  In addition,  Jamaica's Customs Act exempts from import duties 
imports by the University of West Indies and th e Council of Legal Education.  The Customs Act 
envisages also the application of special tari ff concessions on certain products and for some 
organizations.  In addition, the Minister of Finan ce is empowered to remit or refund (in whole or in 
part) import duties on specific goods upon request by the importer.9  Duty-free treatment is also 
granted to  imports of R&D items. 
(ix) Other charges affecting imports 
43. A customs user fee of 2% is levied on all imports.10  An import (C78) entry processing fee 
varies between J$600 and J$6,000.11  The fee is J$500 for goods exceeding US$1,000 if the form is 
submitted in electronic format, otherwise there is an additional fee of J$500 for up to ten imported 
items and J$5 for each item in excess of ten items.12 
44. Various duties and taxes are levied by the Jamaica Customs Department on commercially 
imported goods.  They include stamp duties, genera l consumption tax (GCT), special consumption tax 
(SCT), and excise duty.  The GCT, SCT, and exci se duty are applied to both domestically produced 
and imported goods, while the stamp dut y is applied to imports only. 
                                                      
9 The Customs Act, 1941, as amended, Article 11. 
10 Introduced by an amendment to the Customs Act in 2003. 
11 The Customs (Amendment) Regulations, 2001. 
12 The Customs (Amendment) Regulations, 2002. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 46 
 
 
45. The stamp duty is J$5 on imports up to a c.i.f. va lue of J$5,500, and J$100 above that level.  
An additional stamp duty is generally payable on agricultural products, including tobacco and 
alcoholic beverages (HS 01-24), and aluminium pro ducts.  The rates are generally defined implicitly, 
as the legislation normally lists only aggregate duties (i.e. the rate actually applied at the border, and 
that is equal to the additional stamp duty applied to the c.i.f. value of imports increased by the 
customs duty).  The aggregate duties for agricultural products vary between 65% and 260%.  The highest aggregate duty (260%), introduced in 2002, is  levied on imports of fresh or chilled tomatoes;  
cabbages;  lettuce;  carrots;  whole broilers (fresh or chilled, or frozen);  chicken leg quarters, legs, 
thighs drumsticks and wings (fresh, chilled or frozen)
13;  a rate of 86% is applied on imports of 
several vegetables, nuts, fruits, fruit juices, and meat14;  80% on imports of turkey wings;  70% on 
grains or oats for animal feed and different meals15;  and 65% on fixed vegetable oil (fluid or solid, 
crude, refined or purified).16 
46. For non-agricultural products, the aggregate ra te ranges from 25% to 103%, with the highest 
rate applied on imports of tobacco products, 74%  on imports of alcoholic beverages, 44% on 
aluminium bars, tubes and pipes, 38% on alum inium doors and other products;  and 25% on 
corrugated sheets of aluminium. 
47. Stamp duty collection amounted to J$894.6 m illion in 2002/03, up fro m J$720 in 2001/02, 
due partly to the increase in rates on selec ted imported agricultural products in 2002.17 
48. The General Consumption Tax Act, provides for two different taxes:  general consumption 
tax (GCT), and special consumption tax (SCT).18  The Act was amended in 2003 by the Provisional 
Collection of Tax (General Consumption Tax) Or der, 2003 to, among other things, broaden the base 
for its collection and impose GCT also on imports of ser vices (to be paid by importers).  As a result, 
many previously zero-rated or exempted items are now  subject to the standard rate of GCT (with the 
exception of marl, sand, gravel, stone and top soil, which are subject to a rate of 12.5%).19 
49. The standard GCT rate of 15% is levied on mo st goods and services.  The GCT is levied 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 ser vices, it is levied (through the self-assessed system) 
when the provider raises an invoice for payment.  The taxable value for domestic goods or services is 
                                                      
13 The Provisional Collection of Tax (S tamp Duty) (No. 2) Order, 2002. 
14 Fresh or chilled string beans, pumpkins, and lettuce;  raw, cooked, preserved (frozen) packed for 
retail pigeon peas, carrots, and string bean;  raw, cooke d, frozen, not packed for retail carrots, string bean, and 
other vegetables;  roasted peanuts pineapples (prepared or preserved), fresh grapes, other fruit and vegetables 
(excluding currants, raisins, and prunes), orange juice (concentrated or not), grapefruit juice (concentrated), pineapple and pineapple based juices;  mixed grapefruit and orange juice;  tomato ketchup and tomato sauce;  
chicken and turkey meat, most chicken and turkey parts;  eggs (except those for hutching);  pork cuts and some 
pork products;  beef and veal cuts and products. 
15 Soya meal, cotton seed meal, linseed meal, corn gluten meal, meat and bo ne meal, sunflower seed 
meal, peanut meal, saffl ower meal, peanut meal, poultry by-product meal, hydrolysed feather meal, rape seed 
meal and corn meal. 
16 The Stamp Duty (Amendment of Appendix) Order, 1992. 
17 The Ministry of Finance and Planning (2003). 
18 The General Consumption Tax Act and the General Consumption Tax Regulations, incorporating 
amendments to March 7, 1997;  and the General Consumption Tax (Amendment) Act 2003. 
19 Goods and services that were previously zero-rates:  foodstuff; agricultural equipment;  fishing 
equipment;  most of health related products;  and books, newspapers and education materials;  sport equipment;  
energy saving devices;  covering and containers.  Go ods and services previously exempted from GCT are: 
coffins, some construction materials;  certain number of foodstuff;  hygiene products;  some chemical products;  
and computer equipment;  and a certain number of servi ces (such as transportation of goods within Jamaica). Jamaica WT/TPR/S/139/Rev.1 
 Page 47 
 
 
the price plus the special consumption tax (see belo w).  For imported goods, it is the aggregate of the 
value for customs duty purposes plus the customs duty payable; for imported services, the base is the 
sum charged for the service provided. 
50. Items that are zero rated or exempted are mainly  those expected to affect the poor.  Goods and 
services that are zero-rated after the 2003 amendmen t, concern mainly agricultural inputs;  drugs 
specified in the Fourth Schedule to the Food and Drugs Regulations, 1975;  invalid carriages; all contraceptive devices and substances;  school books and some other education materials (including 
stationery and services);  motor vehicles of a value not exceeding US$25,000 c.i.f. imported by certain category of professions or group of people.  Articles for the use of diplomatic and international 
organizations, goods purchased by the Government , goods used in the modernization programme, 
equipment and materials acquired for a register ed R&D programme and goods purchased for the 
places of worship are also zero-rated.  Items acquired duty free under certain legislation are also zero-rated.
20  The 2003 Amendment added to the list of zero-rated products agricultural produce to 
registered taxpayers for use in the production of finished goods. 
51. Goods and services exempted from GCT are travel tickets, certain number of foodstuff;  birds 
or seafood used to produce food for human consump tion;  some unprocessed agricultural produce;  
some motor spirit and lubricating oil;  some hygi ene products;  some servic es (including medical, 
dental, optical, and nursing services, some construc tion services, and supply of water, electricity and 
sewerage). 
52. The GCT applied to some construction materials is 12.5%.21  The GCT levied on motor 
vehicles is generally higher than  on other goods.  Apart from some  types of buses (which may be 
imported GCT-free22) and trucks for agricultural use (subject to rates of 8.08% or 9.09%), GCT rates 
range from 17.23% to 154.55%, depending on factors such as the engine size or cubic capacity (for 
motor cars, sport utility vehicles (SUVs) and sta tion wagon), seating capacity (for buses), and net 
weight (for pick-ups).23  Individual importers a nd commercial importers of motor vehicles are charged 
the same duty rates.  However, commercial importers (i.e. car dealers) enjoy a deferment of the GCT 
in excess of 15% at the point of customs clearance.   The difference is paid to the Inland Revenue 
Department (IRD) upon first sale and transfer of the vehicle. 
53. GCT revenue collected on imports accounts for 40% of the proceeds of international trade 
duties (J$28,171 million in 2002/03) and for 10.8% of  total tax revenue.  It increased from  
J$9,480.20 million in 2001/02 to J$11,122. 7 million in 2002/03. 
54. The SCT is payable on a limited number of items, such as petroleum products, alcoholic 
beverages, and most tobacco products.  While the SCT on alcoholic beverages is ad valorem , on 
petroleum and tobacco products it has both ad valorem  and specific components.24  In 1999/2000, the 
                                                      
20 The Bauxite and Alumina Industries (Encouragement) Act, the Export Industry Encouragement Act, 
the Hotels (Incentives) Act, the Indu strial Incentives (Factory Construction)  Act, the Jamaica Export Free Zones 
Act, the Motion Picture Industry (Encouragement) Act,  the Petroleum Act, the Petroleum Refining Industry 
(Encouragement) Act, and the Resort Cottages (Incentives) Act. 
21 Construction materials, subject to the 12.5% rate are:  Portland cement;  pre mix concrete;  cement 
blocks;  steel reinforcing bars;  quarter-inch steel wire;  number sixteen steel wire;  and marl, sand, gravel, stone and top soil. 
22 Zero rate is applied to imports of vehicles with 26 or more passenger seats, imported by a franchise 
holder (e.g. any person licensed to operate public passenger vehicles within the island). 
23 The Provisional Collection of Tax (General Consumption Tax) (Amendment of Schedule) Order, 
2003. 
24 The rates of SCT on petroleum products ranges from 0.6005 cents per litre for propane and butane in 
liquid form, to J$7.3561 per litre on gasoline (87 octane). WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 48 
 
 
SCT rate was increased on certain petroleum produ cts, cigarettes and alcoho lic beverages.  While 
most items attract either GCT or SCT, some a ttract both (such as wine).  In 2002/2003, the SCT 
collected on imports amounted to J$758.2 million (J$971 million in 2001/2002). 
55. All excise duties were replaced in 1991 by the SCT.  However, in  March 2003 an excise duty 
(at 23%) was re-introduced on cigarettes, ci gars, tobacco and its extracts and essences. 
(x) Import prohibitions, restrictions and licensing 
56. Import prohibitions are applied for health, security , moral or environmental considerations, or 
under international conventions (Tab le III.3).  Certain agricultural pr oducts (such as citrus plants, 
plant parts and fruits,  coffee berries, banana and plantain suckers and fruits,  mango, naseberry and 
tropical soft fruits) cannot be imported due to  SPS concerns (see Chapter IV, Table IV.3). 
Table III.3 
Import prohibitions, 2004 
Articles prohibited under the Customs Act: 
Counterfeit goods 
Clocks and watches or other articles of me tal, falsely representing any legal Commonwea lth assay, mark or stamp, or purporting to be 
made in Commonwealth 
Coins (base or counterfeit) of any country 
Coins, silver or money not of the esta blished standard in weight and fineness 
Obscene and indecent printed matter, films and articles 
Rum colouring solutions or extracts 
Articles prohibited under other acts or international conventions 
Agricultural implements and plants, bulbs, seeds, cu ttings, etc. prohibited under the Plant Quarantine Act 
All goods prohibited under the Anthrax Prevention Act, 1919 (United Kingdom) 
Animals and their carcasses prohibited under the Animals (Diseases and Importation) Act, and any of its amendments or laws 
Dogs for racing 
Dog racing equipment 
Tablets containing the combination Methaq alone and Diphenhydraine Hydrocholorid 
Goods covered by the Basel Convention on Hazardous Wastes 
Substances included in the Montreal Pr otocol on Protection of the Ozone Layer 
Endangered species according to the CITES Convention 
 
Source:  Customs Act, 1941, as amende d;  and Trade Board Ltd, Banned List , available online at:  http://www.tradeboard. 
 gov.jm/import_banned.htm. 
57. In July 1999, Jamaica put in place a quantitative restriction on the importation of 
Chlorofluorocarbons (CFCs), to satisfy its obligations  under the Montreal Protocol on Protection of 
the Ozone Layer.  The quota will end in 2006, by when CFC consumption should be phased out; it has 
been reduced gradually from 96 metric tonnes for July 1999 to June 2000 to zero for July 2005 to 
June 2006.  The legislation covering the importa tion of CFCs includes the Trade (Restriction on 
Importation) (chlorofluorocarbons ) Amendment Order 2002, the Trade (Restriction on Importation) 
(chlorofluorocarbons) Order 1999, the Trade (Prohi bition of Importation) (equipment containing 
chlorofluorocarbons) Amendment Order 1998, and the Trade (Prohibition of Importation) (equipment Jamaica WT/TPR/S/139/Rev.1 
 Page 49 
 
 
containing chlorofluorocarbons) Order 1998.  According to the authorities, no quota is applied to any 
other product.25 
58. The only import restrictions at the CARICOM level concern the arrangements outlined in 
Schedule IX of the Caribbean Community Treaty c oncerning oils and fats products.  Under these 
arrangements, Jamaica, and other deficit count ries (who do not produce enough to cover their 
domestic demand) are required to purchase crude co conut oil and copra from surplus countries at 
prices agreed between buyers and sellers on the basis of world market prices and costs of production;  
this normally results in prices above world levels .  Deficit countries may use import permits from the 
Ministry of Agriculture to ensure that the pu rchase of these products is from regional surplus 
countries.26  CARICOM members wishing to import from non-CARICOM countries must ask for a 
suspension of the application of Schedule IX , as these products may not be imported from non-
CARICOM countries unless surplus countries cannot c over all import demands from deficit countries. 
59. Jamaica has notified to the WTO of its import licensing legislation and has replied to the 
questionnaire on import licensing procedures.27 
60. Import licensing is covered by the Trade Act 1955, Section 11.  The licensing system is 
administered by the Trade Board, a regulatory g overnment agency under the auspices of the Ministry 
of Industry, Commerce and Technology;  in some cases, the recommendation of other government agencies, such as the Ministry of National Security , or Bureau of Standards Jamaica, can be sought. 
The licensing system is an admini strative mechanism to monitor impor ts of products that could have 
an impact on the environment, health and security in Ja maica;  it is not intended to restrict the quantity 
or value of imports.
28  As at early 2004, items under eight different HS chapters required an import 
licence (Table III.4).  Apart from motor vehicles, impo rt licensing on industrial products is automatic.  
Enterprises that operate in the export free-zones or benefit from single entity free-zone status are not subject to import licensing. 
61. According to the authorities, import licence applications are generally processed within 
24 hours, subject to the payment of receipt and pro cessing fees, and are valid for the financial year in 
which they are granted.
29  The validity can be extended.  For some products, such as refined sugar and 
milk powder, licences are valid for six months.  Tota l processing fees amount to J$1,650;  plus there 
is a fee to obtain an Importer’s Number (J$1,500) , the price of application form (J$35), and the 
service charge for amendments (J$100).  The same fees are applied whether the application is for 
commercial or personal effects. 
62. An import licence for motor vehicles can be grante d every three years in the case of a private 
importer.  The number of vehicles that may be imported  by a dealer is not limited.  Car dealers must 
meet a number of preliminary conditions:  they must be approved and certified by the Ministry of 
                                                      
25 WTO document G/LIC/N/3/JAM/1/Add.1, 21 March 2000. 
26 Schedule III of the Revised Treaty of Chaguaramas (not yet applied) foresees a reference price of 
copra and coconut oils to be determined in consultations and negotiations by a Committee of buyers and sellers, 
and approved by the representatives of Member States ("the Conference on Oils and Fats") and endorsed by 
CARICOM Council for Trade and Economic Development (C OTED).  The Committee will also determine, the 
quantities of copra and coconut oil to be purchased and so ld by respective buyers and sellers.  In the case of 
insufficient supply, a suspension of the CET may be granted. 
27 WTO documents G/LIC/N/1/JAM/1, 11 July 1996,  G/LIC/N/2/JAM/1, 1 October 2003, and 
G/LIC/N/3/JAM/1, 10 June 1998. 
28 Replies to Questionnaire on Import Licensing Procedures, WTO document G/LIC/N/3/JAM/1, 
10 June 1998. 
29 The Fiscal year is from 1 April to 31 March. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 50 
 
 
Commerce and Technology and registered under the Companies Act 1965, offer guarantees to clients, 
and maintain spare parts facilities and stocks.  In spection and re-certification of dealers are made 
annually by the Ministry of Commerce and Technology for a fee of J$60,000.  The age of motor vehicles that can be imported was reduced in Apr il 2003 from four to three years for cars and from 
five to four years for light commercial; however , special waivers are available for older cars. 
Table III.4 
Goods subject to licensing, September 2003 
HS code Description of product Automatic 
licensing Other documents required 
0402 Milk and cream, concentrated or containing added sugar or 
other sweetening matter in powde r, granules or other solid 
forms:  
0402.10 - of a fat content (not exceeding 1.5%) Yes 
0402.20 - of a fat content (exceeding 1.5%) Yes (a) Radioactive certificate from 
 supplier 
(b) Specimen sheet 
(c) Approval from BSJ 
1211.009 Other plant parts for perfume and pharmaceutical purposes, e.g. 
cannabis and cocoa leaf  Yes (a) Reference to MoA 
(b) Drug permit from MoH 
1301.001 Cannabis resin Yes (a) Drug permit from MoH 
1302.10 Vegetables, saps and extracts e.g. agar-agar, concentrate of 
poppy straw, extracts and tinctures of cannabis and opium Yes  
1701.992 Refined sugar Yes  
2804.10 Hydrogen Yes (a) Drug permit from MoH  
2804.20 Rare gases Yes (a) Drug permit from MoH 
2807.001 Sulphuric acid;  for chemical analysis Yes (a) Drug permit from MoH 
2807.002 Sulphuric acid;  other Yes (a) Drug permit from MoH 
2807.003 Oleum Yes (a) Drug permit from the MoH 
3601.00 Propellant powders Yes (a) Permit from the Commissioner 
 of Police (b) Approval from Ministry of 
 National Security and Justice  
3602.00 Prepared explosives other than propellant  powders Yes (a) Permit  from the Commissioner 
 of Police 
(b) Approval from Ministry of 
 National Security and Justice 
3603.00 Safety fuses, detonating fuse s, percussion or detonating caps, 
igniters, electric detonators Yes (a) Permit from the Commissioner 
 of Police 
(b) Approval from Ministry of 
 National Security and Justice 
3604.10 Fireworks Yes (a) Permit from the 
 Commissioner of Police 
(b) Approval from Ministry of  National Security and 
 Justice 
3604.90 Other pyrotechnic article s Yes (a) Permit from the 
 Commissioner of Police 
(b) Approval from Ministry of 
 National Security and  Justice 
8702 Public transport type passenger motor vehicles Yes   
8703 Motor cars and other motor ve hicles including station wagons 
and racing cars Yes  
8704 Motor vehicles for the transport of goods (excluding pick-ups 
and trucks over 3 tons) Yes  
8706 Chassis fitted with engines (for  motor vehicles of HS Nos. 
87.02 to 87.05) Yes  
8707 Bodies (including cabs) for the motor vehicle of HS Nos. 
87.02-87.04 (excluding cabs for pick-ups) Yes  
8708 Parts and accessories of the moto r vehicles of HS Nos. 87.01 to 
87.05 (only the HS Nos. listed below) Yes  
8708.99.9 Other (motor vehicle part s – front and back clip) Yes  
8711 Motor cycles (including mopeds) and cycles fitted with an 
auxiliary motor, with or without sidecars Yes (a) Approval from Ministry of 
 National Security and Justice 
Table III.4 (cont'd)Jamaica WT/TPR/S/139/Rev.1 
 Page 51 
 
 
HS code Description of product Automatic 
licensing Other documents required 
9301.00 Military weapons other than re volvers, pistols and the arms of 
HS No. 93.07.00 Yes (a) Permit from the Commissioner 
 of Police 
(b) Approval from Ministry of  National Security and Justice 
9304.00 Other arms (rifle, air/spring gun,  pistol etc. including those with 
HS No. 93.07.00 Yes  
9302.00 Revolvers and pistols other than those of HS Nos. 93.03 or 
93.04.00 Yes  
9305 Parts and accessories for HS Nos. 93.01-93.04 Yes  
9306 Bombs, grenades, torpedoes, mines, missiles, similar 
ammunitions of war and parts thereof, including shot and 
cartridge wads (only those HS Nos. listed below) Yes  
9503 Other (toy guns, recreational including wa ter pistols) Yes (a) Approval from the 
 Commissioner of Police  
9505 Other games, coin or disc- operated;  amusement machines 
other than bowling alley equipment Yes (a) Letter of explanation 
(b) Letter from MoT for tourism  entities 
(c) Evidence of licence obtained 
 from collector of taxes 
 Note: MoA = Ministry of Agriculture;  MoH = Ministry of Health;  MoT = Ministry of Tourism.  
Source:  WTO document G/LIC/N/2/JAM/1, 1 Oc tober 2003, and Trade Board Ltd, List of Items Requiring Import License 
 and Support Documents for Application .  Available online at:  http://www. tradeboard.gov.jm /import_main.htm. 
(xi) Contingency measures 
(a) Anti-dumping and countervailing duty actions 
63. Jamaica has notified to the WTO its legislation on contingency measures.30  Jamaica 
answered all questions submitted by one member count ry, mainly related to definitions used in the 
legislation, the power of the Anti-dumping and Subsidies Commission, procedures to impose contingency measures, the way the investigation to  determine the injury is conducted, and appeals 
against duty orders.
31 
64. In 2000, implementing regulations for the Cu stoms Duties (Dumping and Subsidies) Act, 
1999 were approved.32  The Act established the Anti-dumping and Subsidies Commission (ADASC), 
which is responsible for implementation of the legisl ation.  Investigations in relation to dumping or 
subsidies or other necessary investigations can be carried out by the Commission on its own initiative 
or on the request of any person.  If an investiga tion is required, the Commission will publish a public 
notice of initiation and invite all known Jamaican importers and foreign exporters of the goods to 
participate. 
65. Action against dumped or subsidized goods is  subject to a finding by the Commission that 
material injury has been, is being or is likely to be caused.  An appeal can me made to the Supreme 
Court against a Commission finding. 
66. Provisional duties may be applied in the case of preliminary determination of dumping or 
subsidy.  These provisional duties may not be impos ed 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 
                                                      
30 WTO documents G/ADP/N/1/JAM/2 and G/SCM/N/1/JAM/2, 28 June 1999. 
31 WTO documents G/ADP/Q1/JAM/1 and G/SCM/Q1/JAM/1, 19 January 2000, and 
G/ADP/Q1/JAM/2 and G/SCM/Q1/JAM/2, 19 January 2000. 
32 The Customs Duties (Dumping and Subsidies) (Determination of Fair Market Price, Material Injury 
and Margin of Dumping) Regulations, 2000. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 52 
 
 
request of an exporter, in which case they can remain in place for up to six months.  After a 
preliminary determination, the Commission has 90 days  to make a final determination of the matter. 
67. During the period under review, four anti-dumpi ng investigations were initiated concerning 
ordinary Portland grey cement, and inorganic fertilizer s;  duties were imposed in all four cases.  In 
2000, based on a complaint introduced by the Ca ribbean Cement Company Ltd, the Commission 
initiated an investigation against imports of ordi nary Portland grey cement imported from Thailand.33  
Jamaica imposed a provisional duty of 178% on 14  March 2001 and a final duty of 87.91% on 
11 June 2001 (dumped imports were  estimated at 2.08% of domestic consumption).  On 5 November 
2001, an anti-dumping investigation was initiated ag ainst certain inorganic fertilizers from the 
Dominican Republic.  A provisional duty of 22.09%  was imposed on 3 February 2002, and a final 
duty of 15.61% on 4 May 2002 retroactively to 5 No vember 2001 (dumped imports were estimated to 
be 26.64% of domestic consumption).  In 2002, based again on a complaint by Caribbean Cement Company Ltd, the Commission initiated an investigation against ordinary Portland grey cement originating from Indonesia;  provisional duties of  56.21% were imposed on 3 April 2002 and final 
duties of 9.98% on 2 July 2002 (dumped imports were estimated to be 13.69% of the domestic 
consumption).  A fourth dumping case was initiated in December 2003 against imports of ordinary 
Portland grey cement from China; a final duty of 89.79% was imposed on 20 June 2004. 
68. Anti-dumping and countervailing duty disciplines are also established at the CARICOM level 
for trade among the member states.  Articles 96 to 116 of the Revised Treaty of Chaguaramas provide rules for subsidies and countervailing duties;  Ar ticles 125 through 133 relate to anti-dumping actions.  
Jamaica has not invoked these provisions.   
69. CARICOM's free-trade agreements with Colomb ia, Cuba, and the Dominican Republic also 
state the right of the parties to take corrective meas ures as a response to unfair trade practices, such as 
subsidies and dumping, in conformity with WTO rules.   Similar provisions exist in the bilateral treaty 
with Costa-Rica. 
(b) Safeguard actions 
70. Jamaica enacted the Safeguard Act in 2001.
34  It allows the Government to protect domestic 
industries against import surges that threaten or cause injury, by imposing safeguard measures.  The 
Anti-Dumping and Subsidies Commission (ADASC) ser ves as the investigating authority.  The 
Safeguards Regulations 2003, were enacted in Au gust 2003.  The regulations, among other things, 
detail some general provisions of the Act, such as fact ors to be used to determine a serious injury or 
threat of serious injury to the domestic industry;  basic factors required in an application for an 
investigation to be conducted; and the type of requirements that the investigating authority may place 
on parties.  They also outline the basic require ments for content and p ublication of notices and 
hearings that must be sent by or to the parties and to the investigating authority.  The Regulations also 
provide the framework for the remedies that may be imposed, including the allocation of quotas. 
71. An investigation may be initiated upon a request on behalf of the domestic industry, or by the 
ADASC on its own initiative, once it has determined that  there is sufficient evidence of serious injury, 
or threat thereof, caused by increased imports.  The Commission has 30 days (extendable) to 
commence an investigation;  it must notify immediately the WTO Committee on Safeguards.  
Interested parties have at least ten days after th e publication of the notice to inform the Commission if 
they wish to participate in the investigation.  In making its determination, the Commission considers 
all relevant objective and quantifiable factors, such  as negative price effects (price undercutting, price 
                                                      
33 The Caribbean Cement Company Ltd is th e only producer of cement in Jamaica. 
34 Act 24 of 2001.  Available online at:  http://www.thebriefingroom.net/doc6/customs.html. Jamaica WT/TPR/S/139/Rev.1 
 Page 53 
 
 
depression, etc.);  the rate and amount of increase in imports of the investigated product;  the share of 
the domestic market taken by the increased imports and negative economic impact.  The investigation has to be completed within six months (extendable for three months).  The cost of the investigation 
and determination is borne by the Commission; however , the cost of participating in the investigation 
is born by the interested parties. 
72. Provisional measures, when decided, may be a pplied no sooner than 30 days and no later than 
60 days after commencement of the investigation;  they are applicable for a maximum of 200 days.  
The duration and level of a provisional or definitive safeguard measure is determined by the Minister 
of Commerce, Science and Technology and should not be more than necessary to prevent or to 
remedy injury and to facilitate adjustment.  Prov isional measures can be imposed in the form of a 
tariff under critical circumstances (when damage bei ng caused requires prompt action) and in the case 
of clear evidence of injury. 
73. The definitive safeguard measure takes the form of a tariff increase or a quota;  the latter is 
allocated (upon an agreement with exporting countri es) to countries having "substantial interest" in 
supplying the product.  A de minimis  clause excludes developing countries from the application of 
definitive measures as long as imports from those countries do not exceed 3% of total imports;  
however, they can be applied when imports from de veloping countries individually account for less 
than 3%, but collectively for more than 9%.  Th e definitive measure may be imposed for a maximum 
initial period of four years;  it can be extended to total of ten years.  Measu res imposed for more than 
one year must be liberalized progressively over the period of application.  However, they can be 
reapplied in special circumstances. 
74. Jamaica initiated its first safeguard measur e on 16 December 2003, and imposed provisional 
safeguard duties of 25.83% on imports of Portland Grey cement on 16 February 2004 for a duration of 
200 days (or until the Commission accepts an undertaki ng, suspends or terminates the investigation, 
or makes a final determination).  As a r esult, the overall duty was raised to 40.83%.
35  T h e  
investigation was scheduled to be  completed by 17 July 2004, but has not yet been notified to the 
WTO.  No other investigation has been initiated to date (July 2004). 
75. The application of safeguards within the CARI COM area is governed by Article 150 of the 
Revised Treaty of Chaguaramas.  The treaty allows  a member to introduce quantitative restrictions on 
imports to safeguard its balance of payments, and  to help a particular sector that experiences serious 
difficulties due to an increase in imports from other CARICOM members as a result of the 
establishment of the Common Market.  The applica tion of these safeguard measures does not require 
approval by the CARICOM Council but renewal beyond an 18-month pe riod must be approved by the 
Council.  A member seeking to apply these safeguard measures must provide full information to the Council and the permission of COTED is required.  As at July 2004, Jamaica has not invoked these 
rules. 
76. In addition, CARICOM's free-trade agre ements with Colombia, Cuba, and the 
Dominican Republic allow the application of tem porary bilateral safeguards in the form of a 
suspension of tariff preferences.  Jamaica has not applied these provisions. 
                                                     
 
35 The Anti-dumping and Subsidies Commission, Notice of imposition of provisional safeguard 
measure pursuant to section 17(2) of the Safeguard Act of 2001, January 5, 2004.  Available online at: 
http://www.mct.gov.jm/ Notice%20of%20Impositio n%20of%20Provision al%20Measure.pdf. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 54 
 
 
77. Jamaica notified the WTO that it wished to re tain the right to use specific transitional 
safeguard mechanism under the Agreement on Textiles and Clothing.36  Since 1999 (period for which 
data are available) Jamaica has never used the mechanism. 
(xii) Standards and technical requirements 
78. Ministries in charge of adopting standards and technical regulations (called mandatory 
standards in national legislation) are the Ministry of Commerce, Science and Technology, Ministry of 
Health, Ministry of Agriculture, the Ministry of Land and Environment, and the Ministry of Water 
and Housing.37  The Bureau of Standards Jamaica (BSJ), part of the Ministry of Commerce, Science 
and Technology, cooperates with several regiona l and international standards and metrology 
organizations, and is an affiliate member of the International Electro-Technical Commission (IEC);  a 
member of the International Organization fo r Standardization (ISO), Caribbean Regional 
Organization for Standards and Quality (CROSQ),  Inter-American Metrology System (SIM), Pan-
American Standards Commission (COPANT), and th e Caribbean Metrology Sub-region (CARIMET);  
and an associate member of the International Bur eau of Weights and Measures (BIPM).  The BSJ is 
also the WTO enquiry point and the local contact poi nt for CODEX.  In July 2004, the BSJ signed the 
Metre Convention.  Jamaica is also a signatory to the WTO Code of Good Practice. 
79. Principal legislation addressing standards and technical regulations is contained in the 
Standards Act 1968, as amended; the Standard s regulations; the Weights and Measures Act, 
31 May 1978, and the Processed Foods Act of 15 October 1959.38  The Standards Act 1968, 
established the BSJ, outlined its administrative pro cesses and set rules for the development and use of 
standard specifications.  It was amended by Act 10  of 1998, which brought into effect the Standards 
Compliance Programme.39 
80. The Processed Food Act 1959, sets guidelines for th e preparation and packaging of processed 
foods.40  It was modified in 2002 by the Processed Food (Exemption) Regulation 2002, which allows 
food processors with hazard analysis critical control point (HACCP), or any other quality system that ensures food safety, to receive a certificate of ex emption from batch-by-batch end-product sampling, 
upon completion of an application and inspection of their facilities by the BSJ.
41  Processors have the 
right of appeal if their application is denied.42 
81. The BSJ, set up in 1969, is governed by the Standards Council that comprises of 13 private 
and public sector representatives, and the Executiv e Director, appointed by the Minister of 
Commerce, Science and Technology.  Since the rest ructuring in July 2001, technical committees were 
initiated by interested parties, which, according to  the authorities, increased participation of industry, 
public sector experts, and consumer  interest groups with the BSJ acting as facilitator in the standard 
development process.  To improve its customer se rvice, the BSJ launched it's Citizen's Charter in 
                                                      
36 WTO document G/L/459, 31 July 2001. 
37 WTO document G/TBT/2/Add.57, 14 July 1999. 
38 The Standards Act is available online at:  http://www.jbs.org.jm. 
39 General standards regulations are contained in Standards Regulations 1983;  Standards (Amendment) 
Regulations 1999, which has provisions on the seizur e, detention, and condemnation of commodities, and 
related appeals processes;  and the Standards (Amendment) Regulations 2000, which modifies language to include personal effects and items for personal use. 
40 The Processed Foods Act 1959;  the Processed Food (General) Regulations 1959;  Processed Food 
(Inspection and Sampling) Regulations 1959, and Processed Food (Establishments) Regulations 1959;  Processed Food (Prepared Syrups) Regulations 1974. 
41 Ministry of Commerce, Science and Technology (2003). 
42 The Processed Food (Exemption) Regulation, 2002, The Jamaica Gazette Supplement , Vol. CXXV, 
No. 67A, 11 October 2002. Jamaica WT/TPR/S/139/Rev.1 
 Page 55 
 
 
March 2002.43  This resulted in the establishment of four  regional offices and eight parish desks, 
which address queries and complaints or facilitate their referral to the main office of the BSJ.44 
82. Suggestions to develop a new standard or techni cal regulation, can be made to BSJ by other 
governmental agencies, or the industry affected by the prospective standard.  Upon receipt of 
suggestions, the BSJ generates a list of potential stakeholders, including consumer groups, academia, 
and representatives from the industry likely to be affect ed;   notifies them of the issue;   and convenes 
a meeting.  Foreign stakeholders ar e not usually invited at the initial  stage unless by special request of 
a local stakeholder; they may however, ask to be in cluded.  Documents are nevertheless, circulated to 
the standards bodies in CARICOM during the public comment stage of the development process.  
These stakeholders then form a tec hnical committee to validate the need  for the standard and draft the 
specification, which is circulated, after approval by the Standards Council, to all stakeholders, 
academia, consumer groups a nd the general public for  comments.  The BSJ publicizes in the local 
press and on its website the title of the draft sta ndards for which comments are being invited;  for 
technical regulations the notice is also circulated overseas.  The notification to the WTO takes place at 
the comments stage.  If comments r eceived result in significant revisions to the draft standard, it is 
resubmitted to the Standards Council.45  The specification has to be approved by the Standards 
Council and then by the relevant ministers.  All new standards are gazetted and made available for 
sale.  Some standards are not published on a larg e scale because of relatively low public demand;  
however, they are available upon request and are identified in the Catalogue of Jamaican Standards .46 
83. The BSJ also grants (and revokes) also licences  to use standard marks (Section 10 of the 
Standards Act).47  It also administers the Certification Mark Programme, in which the applying 
manufacturer will be allowed to use a certification ma rk if, based on BSJ tests and audits, the related 
products, processes, and practices c onform to relevant standards. 
84. There are approximately 400 domestic printed standards.  In addition, there are 123 draft 
standards that have been approved by the Minister, but not yet published (as at July 2004).  Jamaican standards are usually based on international sta ndards, primarily ISO and Codex Alimentarius 
standards, but also on those of the United States and United Kingdom.  Since its previous Review, 
Jamaica has introduced standards and technical re gulations relating to building and associated 
materials, animal feeds, electrical and mechan ical equipment, food, labelling and packaging 
requirements, germicides, and meta llic products.  All labelling standard s are mandatory.  According to 
the authorities, no new technical regulation has been introduced since 2001. 
85. Technical regulations notified to the WTO primarily relate to labelling and marking 
requirements;  health and safety, and environment;  product quality specifications;  and, to a lesser 
extent, testing methodology and product quality speci fications.  Products covered include textiles and 
related products;  meters and other metrological inst ruments;  plastic, iron, zinc, and steel products;  
industrial equipment;  household co oking appliances;  constructi on material;  environmentally 
                                                     
 
43 The Government has mandated the introduction of Citizens Charters for several of its agencies.  The 
JBS Citizen's Charter is available online at:  http://www.jbs.org.jm/charter1.htm. 
44 Ministry of Commerce, Science and Technology (2003). 
45 Gordon and Collings (2002). 
46 The 2001 Catalogue is available online at:  http://www.jbs.org.jm/standards.htm. 
47 Related regulations are contained in the Standards (Labelling of Processed Food) Regulations 1974, 
and Standard Marks Regulations, 1984. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 56 
 
 
hazardous products;  beer made from malt, beverages,  spirits, and vinegar;  ackee;  and dairy and 
other edible products of animal origin.48 
86. Standards and technical regulations apply to  local and imported goods.  Compliance with 
standards and technical regulations is monitored by the BSJ through factory inspections and at the 
ports of entry; random inspection and sampling is co nducted at the retail level,  including type testing 
and approval.  The BSJ increasingly uses domestic testing facilities, while recognizing products and 
processes covered by accredited foreign testing institu tions, and foreign certification that comply with 
ISO 9000 and ISO 14000.  The Standard Compliance Fee (SCF) of 0.03% is paid on all imports of products subject to the Standard Compliance Progra mme (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, internati onal agreements and protocols, 
personal effects, and raw materials and capital good s imported for use in the manufacturing process, 
crude petroleum, and certain agricultural products.
49 
87. The Weights and Measures Act of 31 May 1978, co vers legal metrology;  testing regulations 
are contained in the Weights and Measures (Testin g) Regulations 1986.  Jamaica converted from the 
imperial to the metric system in accordance with  the Weights and Measures (Conversion of Unit of 
Measurement) Order 1998.  The Weights and Measu res (Prohibition of Non-Metric Measuring 
Equipment for Trade) Regulations 1998 prohibits the importation of  non-metric measuring equipment 
for use in trade without the approval of the BSJ. 
88. The BSJ has signed mutual recognition agreemen ts with the American National Standards 
Institution (ANSI), the American Society of Testi ng Material (ASTM), and the National Institution of 
Standards and Technology (NIST) of the United St ates Department of Commerce.  At the regional 
level, the Agreement Establishing the Free Trad e Area Between the Caribbean Community and the 
Dominican Republic (provisionally in force since December 2001) provides for the harmonization of 
technical, sanitary and phytosanitary procedures.50 
89. In February 2002, Jamaica signed an agreement for the provisional entry into force of the 
CARICOM Agreement Establishing CARICOM Regi onal Organization for Standards and Quality 
(CROSQ) pending its enactment into national law.51  The Organization became operational in 
February 2003, and the CARICOM Regional Orga nization for Standards and Quality Act was 
approved in April 2004.  Its main functions are coordinating the harmonization of CARICOM 
standards, technical regulations, conformity asse ssment procedures, and metrology;  coordinating 
                                                      
48 WTO documents G/TBT/2/Add.57, 14 July 1999;  G/TBT/Notif.99.307, 18 June 1999;  
G/TBT/Notif.99.339, 14 July 1999;  G/TBT/Notif.99.262, 27 May 1999;  G/TBT/Notif.99.259, 27 May 1999;  G/TBT/Notif.260, 27 May 1999;  G/TBT/Notif.99.383, 13 August 1999;  G/TBT/Notif.98.265, 20 May 1998;  
G/TBT/Notif.98.615, 4 December 1998;  G/TBT/Notif.99.305, 18 June 1999;  G/TBT/Notif.99.306, 
18 June 1999;  G/TBT/Notif.98.551, 30 October 1998;  G/TBT/Notif.99.261, 27 May 1999;  G/TBT/Notif.00/64, 2 February 2000;  G/TBT/Notif.00/156, 17 March 2000;  G/TBT/Notif.00/157, 
17 March 2000;  G/TBT/Notif.00/202, 17 April 2000;  G/TBT/Notif.00/212, 27 April 2000;  
G/TBT/Notif.00/484, 2 October 2000;  G/TBT/Notif.00/485, 2 October 2000;  and G/TBT/Notif.00/547, 
6 November 2000. 
49 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, and meat, and some petroleum oils. 
50 Organization of American States, Foreign Trade Information System . Available online at:  
http://www.sice.oas.or g/Trade/Ccdr/Ccdr_ap7.asp#appendixvii [3 February 2004]. 
51 Other states that signed the provisional applica tion agreement are: Barbados, Belize, Grenada, 
Guyana, St. Kitts and Nevis, St. Vincent and the Grenadines, Suriname, and Trinidad and Tobago.  CROSQ is based in Barbados and is funded by members, asso ciate members and revenue from services offered. Jamaica WT/TPR/S/139/Rev.1 
 Page 57 
 
 
CARICOM’s positions and representing the region in international fora;  monitoring implementation 
of standards in member states;  mediating in intr a-regional and third party di sputes;  and coordinating 
investigations with national standards bodies.  It will also provided support to the establishment of the 
CARICOM Single Market and Economies (CSME). 
90. To avoid duplication of technical work, the development of CARICOM technical regulations 
is assigned to national standards bodies and then pro posed to CROSQ, which subsequently reports to 
the CARICOM Council for Trade and Economic De velopment (COTED).  COTED sets CROSQ's 
policies and gives final approval on establishment of regional standards and technical regulations.52  
There are 51 CARICOM standards (all introduced befo re the establishment of CROSQ), which relate 
primarily to food, labelling, consum er products, chemicals, and to a lesser extent to cut flowers and 
textiles;  those related to the health and safety of  persons have mainly been adopted by the BSJ as 
technical regulations.53  Out of 51 regional standards, 33 are technical regulations; they concern 
mainly agricultural products and processed food (specifications for carrots, onions, rice, sweet 
potatoes, tomatoes, cassava, crotons, carambola, golden apples, guavas, lim es, canned vegetables, 
biscuits, brewery products, chocolate, confectionery and cocoa products, fats and oils, pasta products, 
rum, spices and sauces, wheat flour, gerberas, packag ed water, carbonated beverages, toilet tissue); 
specifications for shortening;  the limit on lead conten t in paint and safety matches;  and requirements 
for labelling (brewery products, retail packages of cigarettes). 
(xiii) Sanitary and phytosanitary measures 
91. The Jamaican SPS regime is regulated by (as amended): the Agricultural Products Act 1926;  
the Plants Quarantine Act of 1993,  the Processed  Foods Act, 1959;  Animal Diseases (Importation 
Act), 1943;  the Aquaculture, Inland Marine and By -Products Act, 1999; Public Health Act, 1985; 
Meat and Butchers Regulations, 1998; Food Handli ng Regulations; Food and Drugs Act, 1975;  and 
the Meat, Meat Products and Meat By-products (Inspection and Export Act) of 1998.  The Ministry of Agriculture is responsible for the surveillance and c ontrol of plant and animal diseases, as well as the 
regulation of meat and meat by products, aquaculture and marine products and by-products;  it is also 
the contact point for the World Organization for An imal Health (OIE) and the International Plant 
Protection Convention (IPPC).  The Ministry of Health regulates food importation, and manages the 
registration and regulation of pharm aceutical products, food additives, cosmetics, some chemicals and 
devices, and pesticides;  it cooperates with the BSJ in the regulation of food items.
54 
92. The Plant Quarantine/Produce Inspection Unit of th e Ministry of Agriculture is the WTO/SPS 
enquiry point.55  The unit is governed by the Agricultural Products Act and the Plant (Quarantine) Act 
of 199356, which regulates imports of plants, plant parts, and seeds.  It issues a pre-entry import permit 
required for all fresh fruit and vegetables, plants, and plant parts.  The products under the import 
permit must be accompanied by certificates stating their phytosanitary condition.57  Imports of live 
animals and all animal products are subject to an import permit from the Veterinary Services Division 
of the Ministry of Agriculture.  Imported anim als are held in quarantine at the Government 
Quarantine Station for a stipulated period.  Phar maceuticals and nutraceuticals for both human and 
animal consumption require an im port permit from the Ministry of Health.  All food intended for 
                                                      
52 Ministry of Commerce, Science and Technology (2004). 
53 Information provided by Barbados National Standards Institute, February 2004. 
54 Gordon and Collings (2002). 
55 Ministry of Agriculture, "Contact Information" .  Available online at:  http://www.moa.gov.jm/ 
contact/index.htm [6 February 2004]. 
56 Ministry of Agriculture, "Exporter Information" .  Available online at:  http://www.moa.gov.jm/ 
Quarantine/quarantine_regulations.htm. 
57 WTO document WT/TPR/S/42, p. 90. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 58 
 
 
human consumption is subject to random public h ealth inspection upon arrival.  There is no positive 
list of countries allowed to export to Jamaica agricultural products. 
93. Between 1998 and January 2004, Jamaica notif ied the WTO of SPS measures affecting 
products of animal and plant origin from various trading partners.  These measures related to bovine 
spongiform encephalopathy  (BSE) in beef and beef products from the United States and the 
European Union, as well as to foot and mouth disease , as it relates to the importation of live ruminants 
and pigs, meat and meat products , semen and embryos.  Other measures concern products such as 
untreated milk and milk products, oil seeds and ol eaginous fruits or medicinal plant straw and fodder 
from Argentina, France, Ireland, Netherlands, the United Kingdom, and Uruguay.  Jamaica also 
notified measures taken in response to organisms (e.g. wood boring beetles) in wooden pallets from 
Trinidad and Tobago.  Standard specifications fo r the production of canned ackee in brine were also 
notified.58  A measure  related to BSE was adopted in 2003 for imports of live ruminants, ruminant 
meat, and meat products from Canada;  a WT O notification was being prepared in mid 2004.59 
94. The Government of Jamaica has passed new legislation to increase compliance with WTO 
requirements.60  The Aquaculture, Inland Marine and By Products (inspection, licensing and export) 
Act 1999, in force since 26 March 1999, regul ates the production, processing, storage, and 
transportation of fisheries products, and sets requirements for their inspection and testing. 
95. The Citrus Plant Protection Regulation regarding certification, which entered into effect in 
1999, is administered by the Jamaica Citrus Protec tion Agency (JCPA) to prevent infection of crops 
with Citrus Tristeza Virus.  The regulation requir es registration and certification of all nurseries that 
produce or sell citrus plants;  and certification of all citrus trees produced and sold, that produce seed 
for rootstock and/or supply budwood.  A JCPA re presentative must oversee the cutting of budwood;  
ant movement must be recorded from the nursery to the farm;  and the registered nursery must place a 
tag bought from the JCPA on certified plants.61 
96. On 1 March 1999, new procedures were introduced  for the use of packing house facilities by 
produce exporters other than the owners of the pack ing house.  For each shipment the facility owner 
must send to the Plant/Quarantine Office written notif ication of the packing activity and the quantity 
of each item being shipped.  The Plant/Quarantine Office must also be notified when packing on 
behalf of the produce exporter has ceased.62  All the processes involved in the exportation of fresh 
produce (such as produce inspection, customs in spection and documentation, and airline cargo 
handling services) occur at one location.  Air shipments are inspected at the Export Complexes 
located at the two international airports, although th is is not mandatory.  In 2000, Jamaica adopted the 
Hazard Analysis and Critical Control Points HAC CP system of controls for ensuring food safety, 
developed by the United States Food and Drug Admi nistration (USFDA), in the development of a 
standard for canned ackee in brine (JS 276:  2000). 
97. Jamaica is party to bilateral free-trade agre ements containing provisions on sanitary and 
phytosanitary measures, such as the CARICOM-Co sta Rica Free Trade Agreement and the Free Trade 
                                                      
58 WTO documents G/SPS/N/JAM/2, 15 February 2000, G/SPS/N/JAM/3, 2 May 2001;  
G/SPS/N/JAM/4, 2 May 2001;  G/SPS/N/JAM/5, 2 Ma y 2001;  G/SPS/N/JAM/6, 10 January 2003;  
G/SPS/N/JAM/6/Add.1, 11 April 2003;  and G/SPS/N/JAM/7, 29 January 2004. 
59 Ministry of Agriculture, "Jamaica Bans Meat Imports From Canada", 30 May 2003, online.  
Available at:  http://www.moa.gov .jm/Quarantine/Jamaica%20Bans%20M eat%20Imports%20for%20Canada. 
htm. 
60 Clarke (2004). 
61 Ministry of Agriculture (2002). 
62 Ministry of Agriculture (2004b). Jamaica WT/TPR/S/139/Rev.1 
 Page 59 
 
 
Area Between the Caribbean Community and the Domi nican Republic.  Instructions for the drafting 
of a Biosafety Bill are pending the approval of Cabi net;  this will enable accession to the Convention 
of Biological Diversity and implementation of the Convention's Biosafety Protocol regarding 
genetically modified organisms.63 
(3) MEASURES DIRECTLY AFFECTING EXPORTS  
(i) Registration and procedures 
98. Exporters must be registered with the Jamaica Promotions Co rporation (JAMPRO) and obtain 
a letter of authorization from the corporation (see also section (v) below).  To register, a company is required to submit a copy of the certificate of incor poration or a copy of the certificate of business 
name, and the taxpayers registrati on number (Chapter II(2)(iv)).  Additional documents are required 
depending on the product to be exported:  an authorization letter from the Plant Quarantine Division of the Ministry of Agriculture for fresh produce;  proof of registration with the Food Division of the BSJ for processed food;  proof of certification of the factory from the Veterinary Services Division of the Ministry of Agriculture for aquaculture, inland  and marine products and by-products;  and a list of 
machinery and equipment, and of all categories of employees, and a monthly production plan for 
textile products.  In the case of a one-time expor t, JAMPRO encourages exporters to employ the 
services of a customs broker or a courier service. 
99. At Customs, the exporter must present the export en try form (C82), or a request to ship form 
(C40) in cases of emergency.  These documents mu st be accompanied by supporting documents such 
as dock receipt (sea cargo) or tally sheet (air cargo), b ill of lading or airway bill, dispatch form, cargo 
integrity form (port), invoices, and certificate of  origin (or, a GSP form "A"), consignee number 
assignment, and any certificate or permit required.  Other forms are required:  for goods shipped to 
and from free zones and goods imported for temporar y use;  the BSJ certificate for furniture and 
processed food;  health certificate for lobster and other seafood, live animals and fresh meat;  the Natural Resources Conservation Authority (NRCA) certificate for live animals and birds;  phytosanitary certificate for plants and ground provisi ons;  textile and clothing certificate JN2/JN3 for 
exports to all destinations;  and export licence for a number of products (section (iii) below). 
100. Export documents are processed by the Jamaica Tr ade Board.  Regardless of the destination, 
the processing fee is from J$35 to J$500 maximum.  The Trade Board issues a visa of origin for all textile and clothing products exporte d to the United States, in accordance with the provisions of the 
United States-Jamaica BTA, and an authoriza tion for exports of underwear to Canada. 
(ii) Export taxes, charges, and levies 
101. Jamaica applies no taxes, charges or levies on exports.  The GCT rate is zero. 
(iii) Export prohibitions, restrictions, and licensing 
102. Goods generally prohibited for export are listed in the Customs Act;  the list is made up of 
arms, ammunition, and naval stores; and spirits a nd wines.  Arms, ammunition, and naval stores can 
be exported exceptionally subject to the authoriza tion of the Minister and an export licence from the 
Commissioner of Police;  exports of wines and spirits can be allowed by the Commissioner of 
                                                     
 
63 Government of Jamaica, "Legislation Programme 2003/2004 as at 15 January 2004".  Available 
online at:  http://www.cabinet.gov.jm/legislation.asp [12 February 2004]. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 60 
 
 
Customs in certain conditions.64  In addition, some exports such as shells and some live animals are 
prohibited under international conventions. 
103. A number of products are subject to export licensing (Table III.5).  Export licences are 
required for environmental concerns, such as the prot ection of crocodiles, crocodile eggs, shells and 
some live animals; for other products, licences are required for control and monitoring and for 
protection of heritage, as required by the Trade Act.  To attest that the royalties have been paid, major 
producers of bauxite and alumina are granted one-y ear export permits, and automatic export licences 
for smaller producers are granted shipment-by-shipme nt by the Ministry of Land and Environment.  
Licences for sugar exports are granted accordi ng to availability under the guaranteed quota 
allocations.  An export licence is still required fro m the Coconut Board to export coconuts.  Export 
licences are granted at no charge. 
Table III.5 
Export licensing, 2004 
Product Authority 
Ammunition (explosive and firearms) Commissioner of Police 
Coconut Coconut Industry Board 
Crocodiles .. 
Crocodile eggs .. 
Eggs Ministry of Agriculture 
Antique furniture Trade Board 
Gold bullion and fully or semi-manufactured gold Trade Board 
Ores, minerals and metal including bauxite, alumina, gyps um Trade Board and Ministry of Mining and Energy 
Antique paintings Trade Board 
Pimento Trade Board 
Plasma, in any form Trade Board 
Sugar The Sugar Industry Authority (SIA) 
Lignum vitae and log wood Trade Board 
Petroleum products Trade Board 
Motor vehicles Trade Board 
Live animals (subject to Convention on International Trade in 
Endangered Species) Natural Resources Conservation Authority (NRCA) 
Jewellery (excluding those from earth metals) Trade Board 
Shells (subject to Convention on International Trade in 
Endangered Species) NRCA 
Green coffee beans (more than 60 kg.) Licence from Coffee Industry Board (CIB) 
Aggregates including sand and stone Mining authori zation from the Commissioner of Mines, Mines and 
Quarries Division 
Processed foods and furniture Export permit from BSJ  
Animal or plant products Permit fr om the Ministry of Agriculture  
Dangerous goods Permit from National E nvironment and Planning Agency (NEPA)  
 
.. Not available. 
 
Source:  Trade Board Ltd, "Items subject to export licensing".  Available online at: http ://www.tradeboard.gov.jm/ 
export_main.htm;  and JAMPRO, "Supporting Documents".  Available online at:  http://www.jexporter.com/ 
system/ exports-requirement.htm. 
                                                      
64 All exports of wines and spirits are produced und er bond and are not liabl e to certain duties and 
taxes.  Exporters are therefore required  to request an officer to accompany th e shipment to the ports in order to 
ensure that the claim for dut y exemption can be verified. Jamaica WT/TPR/S/139/Rev.1 
 Page 61 
 
 
(iv) Duty and other tax concessions, including export free zones 
(a) Tax and import duty concessions 
Export subsidies 
104. Existing legislation contains various Acts ai med at encouraging exports that have been 
notified to the WTO as containing export subsidies.  Initially, Jamaica was expected to eliminate its 
export subsidies by 1 January 2003 to comply with the requirements of the WTO Agreement on Subsidies and Countervailing Measures.  Howeve r, pursuant to Doha Ministerial Decision on 
implementation, Jamaica received an extension until 31 December 2004 under:  the Export Industry 
Encouragement Act (EIEA);  the Industrial Incentiv es (Factory Construction) Act;  the Foreign Sales 
Corporation Act;  and the Jamaica Export Free Zones Act (section (b)) (Table III.6).  The extension is 
renewable annually until 2007 under "fast track" pr ocedures subject to transparency and standstill 
requirements. 
Table III.6 
Legislation notified as containing export subsidies, 2004 
Legislation Sectors Beneficiaries/requirements Concessions/time limits 
Export Industry 
Encouragement 
Act (EIEA) Manufacturing 
and services Manufacturing companies exporting 100% 
of the production of the approved product 
to non-CARICOM markets;  services 
providers servicing clients in non-CARICOM countries Full income tax relief on profits or gains.  Full 
relief from import duties, excise duties and GCT on 
raw materials and capital goods. 
Time limit:  10 years 
 
  Partial exporters (producers exporting a 
5% threshold to non-CARICOM 
countries) Tax relief proportional to the level of export sales.  
Time limit:  .. 
Industrial 
Incentives 
(Factory 
Construction) Act Manufacturing Approved builders constructing factories 
to be leased or sold to manufacturers or 
service providers operating under the 
EIEA; Free Zone developers Total relief from import duties and GCT for articles 
for factory construction and for repairs of factories.  
Exemption from income tax on earnings from 
factory leasing, or from profits made on sales. Time limit:  15 years 
 
Foreign Sales 
Corporation Act Services Foreign sales corporation exporting to the 
United States Total relief from import duties, stamp duty and 
retail sales tax on imports of machinery, equipment 
and raw materials.  Exemption from income tax (including company profits tax and additional 
company profits tax) in re spect of income arising 
from foreign trade transactions.  Exemption from income tax on dividends paid to foreign share-
holders, on interest on loans or deposits and other 
approved investments ac tivity, and on qualified 
income generated in foreign trade transactions for 
up to 5 years. 
Time limit:  15 years (extendable for 15 years) 
 .. Not available . 
 
Source: WTO Secretariat. 
105. The EIEA provides income tax and duty relief for companies exporting 100% of their 
production to non-CARICOM markets, with the possibility of carryi ng forward losses incurred during 
that period for a further six years.  Manufacturers exporting at least 5% of their production to non-CARICOM countries also qualify for tax relief;  the le vel of the relief is proportional to the level of 
export sales.  In addition, the  Minister in charge of the industry can declare a product to be an 
"approved export product";  in this case any company that produces or intends to produce the products 
may benefit from EIEA incentives.  A company manufacturing an approve d export product is under WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 62 
 
 
supervision of the Customs Department and is c onsidered to be a private warehouse within the 
meaning of the Customs Law.  The EIEA was initia lly confined to manufacturing companies, but, in 
2001 services were included under the scheme.  The ac tivities of EIEA beneficiaries are monitored by 
Customs.  The estimated revenue forgone under the EIEA for 2000 (the most recent year available) 
was US$2.7 million, covering exports of a value of US$109 million.65  As at July 2004, there were 
three beneficiaries of the scheme. 
106. The Industrial Incentives (Factory Construction)  Act grants fiscal incentives to approved 
builders constructing factories.  The import duty re lief used to be granted for items not available 
locally;  however, this provision was eliminated  by the Industrial Incentives (Factory Construction) 
(Amendment) Act 2001.  There is currently only one beneficiary. 
107. The Foreign Sales Corporation Act grants fi scal incentives to foreig n sales corporations 
exporting to the United States, on imports used in  the production of exports , and on qualified income 
generated in foreign trade transactions. 
(b) Export free-zones 
108. Export free-zones (EFZ) are governed by the Jamaica Export Free Zones Act 1982.  Changes 
to this legislation allow for public managed free zo nes, private sector development and management 
of free zones, as well as for single entity free zones (SEFZ) were introduced in 1996, permitting 
enterprises outside the EFZ to apply for free zone status. 
109. One new EPZ has been created since Jamaica' s last Trade Policy Review, bringing the 
number of active EPZs to four.  These are: Kings ton Free Zone (KFZ) (784,000 square feet), 
Montego Bay Free Zone (MBFZ) (488,110 square feet ), Garmex Free Zone (697,000 square feet), and 
Cazoumar Free Zone (70,000 square feet, created in  2000).  All zones, except the Cazoumar Free 
Zone, are publicly owned. 
110. Jamaica’s free zones us ed to be the main apparel production centres;  however, they have 
seen steady decline in economic activities since 1998 (s ee Chapter IV(4)).  Employment in free zones 
in 2002 was 6,665 people, down from 16,444 in 1994.  Most of the factory space in the Kingston and 
the Garmex free zones, is used for warehousing and distributing activities.  The Kingston Free Zone is 
under the management of the Port Authority.  In 200 3, 14 enterprises were engaged in the zone (six in 
manufacturing), from 17 enterprises in 2002.  The M ontego Bay Free Zone, also managed by the Port 
Authority has succeeded in expanding information technology business and increasing employment, despite the loss of most of its manufacturing enterp rises.  In 2002, it had 22 enterprises in operation, 
of which 16 were in the information technology, five in manufacturing and one in warehousing and 
distribution; in 2003 the number had decreased to 17 enterprises.  The Garmex Free Zone has also 
suffered from decreasing manufacturing activities;  in 19 97 a decision was taken to dezone part of the 
area in order to carry out non-free-zone activities.   Currently, only three manufacturing companies (all 
in garment manufacturing) are operational.  The Co zumar Free Zone, the first private free zone in 
Jamaica, currently has five operators (all in IT and IT-related areas);  it employs 1,000 persons. 
111. Enterprises operating within an EPZ or as a SEFZ, benefit from duty-free imports of any good 
used in connection with their approved activities, and of articles for the construction, alteration, 
reconstruction, extension, repair or equipping of premises; the use of food, beverages, cigarettes, 
tobacco, and petroleum products however requires a prior approval of the Commissioner of Customs 
(and their import is subject to duty payments).  A pproved activities, listed in the First Schedule of the 
                                                     
 
65 WTO document G/SCM/N/99/JAM, 3 July 2003. Jamaica WT/TPR/S/139/Rev.1 
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Free Zones Act, include warehousing and storing;  manufacturing;  trans-shipment operations;  
exporting;  importing;  services operations;   assembling;  processing;  refining;  and merchandising. 
112. These enterprises also benefit from indefinite income and profit tax relief and no import or 
export licensing requirements or quantitative restri ctions (exports from Free Zones into the Customs 
Territory of Jamaica are however, subject to the same import licensing requirements as goods 
imported from any other country).  The tax holiday is  also granted to approved enterprises engaged in 
activities involving international tr ade in products (including CARI COM countries).  In addition, the 
Act provides for allowances or deductions to  be made in assessing the customs duty on goods 
imported from free zones into Jamaica's customs terr itory, depending on the use of local labour and 
materials;  this provision has never been applied. 
113. To be entitled to EPZ benefits, an enterprise must  be registered in Jamaica according to the 
provisions of the Companies Act, export at least 85% of its production outside CARICOM area in the 
case of a manufacturing company and 100% in the case of  non-manufacturing companies, carry out 
an approved activity pursuant to the Act, and be appr oved by the Minister in charge of the industry.  
These requirements also apply to companies seeking free zone status (e.g. SEFZ regime). 
114. Neither imports nor exports from EFZ are included in national trade statistics.66  Exports from 
the free zones were US$115.34 million in 2000 ( down from US$302 million in 1996);  the revenue 
forgone under the programme was estimated at US$3.15 million for the fiscal year 2002/03. 
(c) Temporary entry 
115. Under the temporary entry regime, governed by the Customs Act, importers may obtain 
authorization for temporary admission for a period of three to four months.  The importer is required 
to present to customs all regular import documents and the form C25 with customs authorization upon the arrival of the merchandise, and to deposit e ither 100% or 150% of the corresponding customs 
duty.  This deposit is refunded when the merchandise leaves Jamaica. 
(d) Drawback 
116. Drawbacks are governed by the Customs Act 1955  as amended;  claims can be made in 
respect of customs duty (including additional stamp duty) paid on imported inputs for the manufacture 
of exports.  Application for reim bursement of paid duties must be made within two years.  The 
Minister of Finance is empowered to direct, by  order, the goods and the conditions on which a 
drawback can be granted.  The drawback scheme is managed by Customs.  The Customs Act also 
provides for a special drawback that can be gr anted on imports of shipbuilding materials and 
accessories, including gasoline and lubricating oil. 
117. In general, the drawback system has limited u se, given the large variety of incentive schemes, 
and that a good benefiting from a drawback scheme may be refused duty-free treatment to another 
CARICOM country.
67  The Customs implements a duty suspension scheme under which the customs 
duty is not actually paid at the time of entry.68 
                                                      
66 However, purchase and sales between companies located in the EFZ and the domestic market, as 
well as data relating to the SEFZ are captured in the national trade statistics. 
67 The Revised Treaty of Chaguaramas Establishing the Caribbean Community. 
68 Third Schedule to the Customs Act. WT/TPR/S/139/Rev.1 Trade Policy Review 
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(v) Export promotion, finance, and insurance 
(a) Export promotion 
118. The Jamaica Promotions Corporation (JAMPR O), an investment, industry, and export 
promoting agency governed by the Jamaica Promot ion Corporation Act, initiates and coordinates the 
development of plans, programmes, and policies fo r the economic and financial development of the 
country (e.g. training businesses in the HACCP sy stem (see section (2)(xii)). It focuses mostly on 
investment and export promotion within the le isure industry (tourism, film, and music);  
manufacturing and mining;  agriculture and agri-ind ustry;  information tec hnology and international 
business.  JAMPRO provides the secretariat for the Investment Facilitation Board (IFB) 
(Chapter II(2)(iv)).  JAMPRO's budget for the 2004/05 is J$154 million. 
119. JAMPRO helps exporters to promote their pr oducts and to locate and penetrate foreign 
markets by providing marketing information.  It has opened offices in New York and London, 
intended to facilitate trade and to represent Jamaican  companies at trade fairs.  JAMPRO is also 
seeking to develop new markets through programme s such as the Trade Development Project (funded 
by the EU), and the Caribbean Export Devel opment Agency (CEDA) and the Centre for the 
Development of Enterprises (CDE) projects.  The Trade Development Project is now being succeeded 
by the Private Sector Development Programme (PSDP), an EU-funded project aimed at increasing the competitiveness of Jamaica's private sector th rough empowerment of local private sector 
organizations and support instituti ons (PSOs);  strengthening the Business Development System;  and 
facilitating access of companies to relevant corporat e finance.  The PSDP will be administered by 
JAMPRO, acting on behalf of the National Authoriz ing Officer, the Planning Institute of Jamaica 
(PIOJ), and with the assistance of PSOs such as th e Jamaica Business Development Centre (JDBC) 
and the Private Sector Organization of Jamaica (PSOJ). 
120. JAMPRO also serves as the secretariat to the Ja maica Trade Point, a trade facilitation portal 
that allows exporters and importers to carry out their trade-related transac tions online (such as online 
payments).  It currently links JAMPRO, the Shippi ng Association, Customs, and the Trade Board.  
The authorities note that it is expected to link s oon also the Ministry of Health, Ministry of 
Agriculture, and Commodity Boards;  however, a revi sion of legislation is needed to allow these 
entities to accept electronic signatures. 
121. The Jamaica Cluster Competitiveness Project , a joint initiative of Jamaica Exporters 
Association and the United States Agency for in ternational development, was introduced in 
September 2002.  It grants loans up to US$50,000 with the aim of improving export competitiveness 
and profitability of some 60 small and medium-sized enterprises in three business clusters:  agri-
business, tourism, and entertainment. 
(b) Export financing 
122. The National Export-Import Bank of Jamaica (E X-IM Bank) provides financing to businesses 
operating in Jamaica and engaged in agriculture, manufacturing, services, and to exporters of non-
traditional goods (i.e. other than sugar, bananas,  bauxite and alumina).  Commercial banks also 
facilitate trade financing through letters of credit, however, the EX-IM Bank is Jamaica's only export-
import bank that provides a wide range of loan  programmes geared specifically toward export 
development.  The bank's operations are financed primarily from retained earnings and re-flows from 
day-to-day activities.  Over the past six years, th e bank has provided export financing in the amount of 
J$2 billion per annum.  The primary beneficiaries of  its financing have been  the food and beverage 
industry, for products destined primarily fo r the United States, Canada, and CARICOM. Jamaica WT/TPR/S/139/Rev.1 
 Page 65 
 
 
123. The EX-IM Bank offers to exporters short-te rm facilities in local currency, through the 
discounting of export receivables (Table III.7), all pr oviding working capital financing for exporters.  
Under the Bankers Export Credit Facility (BECF) , loans are made through local financial 
intermediaries, whereas loans under the Export Credit Facility (ECF) are made directly to exporters.  
In both instances loans are fully collateralized a lthough in select circumstances, unsecured advances 
are made to companies under the ECF.  The IPDF is  extended to exporters w ho have an export credit 
insurance policy which is accepted as loan collateral.   Loans are generally provided at an interest rate 
varying between 9.5% and 12% to cover working ca pital needs on a pre-shipment or post-shipment 
basis.  Post-shipment loans can be accessed through the commercial banks or other financial 
institutions approved by EX-IM Bank, while presh ipment loans can also be accessed through the 
EX-IM Bank. 
Table III.7 
Export financing by EX-IM Bank, 2004 
Facility Beneficiaries Purpose Maximum 
coverage Maximum 
duration Interest ratea 
Local currency short-term working capital loans: 
Export Credit Facility 
(ECF) All exporters Working capital 
financing 80% of the c.i.f. 
value of a 
shipment 
already made 120 days on a 
revolving 
basis 10-12% 
Bankers Export Credit 
Facility (BECF) 
Preshipment loans 
(directly or through other approved financial 
institutions) All exporters To import raw materials 
to be used for producing 
export goods and/or to 
purchase local goods for export 65% of the 
f.o.b. value of 
the order 90 days 9.5-12% 
BECF 
Post-shipment loans All exporters Working capital 
financing 80% of the c.i.f. 
value of a 
shipment 120 days 9.5-12% 
Insurance Policy 
Discounting Facility Small and medium sized 
exporters who hold an 
export credit insurance policy Working capital 
financing 80% of the c.i.f. 
value of a 
shipment 120 days 9.5-12% 
Other: 
Exporting Factoring 
Programme Companies exporting to 
Canada, U.K. and USA Working capital 
financing 80% of the 
invoice value 120 days 10-12% 
Small Business Loan 
Facility To small enterprises 
producing for the 
domestic and/or export market Working capital support J$4 or 5 million 4 years (a 
moratorium 
of max 6 months on 
principal 
payments included) 12% 
EX-IM Bank/JEA-SBED 
Facility (Ex-BED) Small exporters seeking 
to expand their export 
markets To purchase raw 
material and to finance 
receivables J$2 million Max 120 days  12% 
  To purchase light 
equipment J$2 million Max 18 
months 12% 
Export Growth and 
Investments Fund Exporters who export a 
minimum of 10% of total 
sales To reduce or control 
debt servicing Max J$25 
million Max 5 years 12% 
Co-Pack Facility Supp liers co-packers to 
export trading houses  Working capital support No upper limit 120 days 12%  
Table III.7 (cont'd) WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 66 
 
 
Facility Beneficiaries Purpose Maximum 
coverage Maximum 
duration Interest ratea 
Modernization Fund for 
Exporters Enterprises registered and 
operating in Jamaica, 
engaged in export or 
earning foreign exchange, and/or linked to the 
export sector; a part of 
funds is reserved for small enterprises For the acquisition of 
capital equipment for 
re-tooling, refurbishing, 
upgrading and efficiency improvement 
to enhance export 
competitiveness Max J$25 
million 5 years (with 
provision for 
12 months 
moratorium on principal 
payments) 12% 
Cuban Line of Credit Companies exporting to 
Cuba manufactured goods 
included in the list of 
eligible goods To facilitate Jamaican 
exports to Cuba .. 360 days Can$ 
LIBOR 
.. Not available. 
a As indicated, or any other rate that may become applicable.  
Source:  WTO Secretariat, based on information provided by EX -IM Bank;  and EX-IM Bank, "Products and Services", 
 available online at:  http://www.ex imbankja.com/products&services.html. 
124. The Export Factoring Programme is operated by  the EX-IM Bank together with Sun Trust 
Bank and Hong Kong Shanghai Bank and involves the purchase of a company's export receivables.  
No commercial bank guarantee is required. 
125. The Small Business Loan Facility provides work ing capital financing at an interest rate 
charged on the reducing balance.  The maximum loan amount is J$4 million for an enterprise 
producing for both domestic and export markets, and J$5 million for export markets only.  The 
enterprise must have:  maximum 50 employees;  net assets not exceeding J$5 million;  or total sales during the previous financial year not exceeding J $25 million.  Funds are generally granted through 
commercial banks and other financial in stitutions approved by the EX-IM Bank. 
126. The EX-IM Bank/Jamaica Exporters Association-Small Business Export Development 
Facility is an EX-IM Bank funded loan scheme.  Exporters must have less than 50 permanent 
employees, and be on the JEA-SBED scheme (or have accessed SBED in the past); however, loans 
can also be granted to enterprises that are consid ered export ready, and who have excess capacity.  
Priority is given to enterprises holding expor t credit insurance from the EX-IM Bank;  no bank 
guarantee is required.  The scheme is administ ered by the Jamaica Exporters’ Association. 
127. The Co-Pack Facility (CPF) is a working capital support scheme funded by the EX-IM Bank, 
and implemented together with export trading houses (ETH).  The CPF does not require a bank 
guarantee;  however, the ETH that recommends th e co-packer to the EX-IM Bank, assumes at least 
30% of the risk;  the remaining 70% is assumed by the EX-IM Bank. 
128. To benefit from the Modernization Fund for Exporters, developed by the EX-IM Bank, 
enterprises have to be certified under the Moderniza tion of Industry Programme, the Hotel Incentives 
Act, or the Car Rentals Concession Scheme.  Annual interest is charged on the reducing balance.  
Loans have to be guaranteed by Full Bank Guar antee, a minimum 25% bank guarantee or cash 
deposit, the remainder being collateralized by a security.  For imports of equipment, disbursements are made in foreign currency directly to foreign suppliers. 
129. The EX-IM Bank has also opened a line of cr edit of Can$10 million through Banco Nacional 
de Cuba to facilitate Jamaican e xports to Cuba of manufactured goods that are included in the list of Jamaica WT/TPR/S/139/Rev.1 
 Page 67 
 
 
eligible goods69, and satisfy the 35% local value added cont ent or the criteria for eligibility to the 
CARICOM market (both certified by the Trade Board Ltd).70  The facility allows exporters to receive 
payment immediately upon presentation of shipping  documents to the EX-IM Bank;  EX-IM Bank 
itself is reimbursed by Banco Nacional de Cuba.  All invoices have to be in Canadian dollars. 
130. Some new loan schemes were introduced in 2002 and some existing ones were extended.  The 
JMA/JEA Ex Bed Loan Scheme was extended by an additional J$20.0 million to support members of the Jamaican manufacturers associations (Table III. 7).  In September 2002, the Export Growth and 
Incentive Fund (funded and managed by the EX-IM Bank) was launched.  It is a medium-term, 
performance-related, incentive loan scheme that allo ws exporters to re-finance high-cost commercial 
debt.  Should borrowers increase exports in nominal  Jamaican dollar terms by at least 15% on an 
annual basis after having accessed the facility, they qu alify for a one percentage point reduction in the 
interest rate charged.  Assistance is also provi ded through the Modernisation Fund for Exporters 
"HACCP" Assists, which grants medium-term lo ans to buy capital equipment and machinery to 
HACCP compliant agri-processors (Chapter III(2)(xiii )).  The Apparel Sector Financing Scheme 
(ASFS), is a short-term financing facility to as sist apparel companies to maintain external 
competitiveness through the provision of working capital financing. 
(c) Export insurance 
131. The EX-IM Bank is the only institution in Jamai ca offering export credit insurance;  it covers 
Jamaican exporters against commercial and political ri sks and shares its insurance  risk with overseas 
re-insurers, which underwrite a percentage of lo sses.  For the period 1998-03, coverage was provided 
for exports valued at J$4.05 billion with related pr emium income of J$28.29 million.  The authorities 
note that insurance claims over the years have be en minimal.  Commercial risks covered include non-
payment above six months following due date, insolv ency of buyer, and non-acceptance (the latter is 
not available for perishable goods).
71  Political risks include government directives preventing the 
transfer of funds, war and civil commotion, cancella tion or non-renewal of an export or import permit.  
Policies cover 85% of commercial risk (70% for no n-acceptance coverage) and 90% of political risk.  
The EX-IM Bank does not insure against risks relate d to trade disputes between Jamaican exporters 
and foreign buyers.  The EX-IM Bank offers two types of insurance policy:  shipment policy and 
services policy.  The shipment policy insures th e exporter of goods against the non-payment by 
foreign buyers.  The services policy insures c ontract services rendered to foreign buyer. 
132. Premium rates are based on factors specific to the insured business, such as type of goods, the 
importing country, and the past experience of the insured.72 
                                                      
69 The list of eligible goods includes ammonium hy droxide, animal feed i ngredients, animal feed, 
concentrates and premixes, animal breeding and fattening  stock, baking power, baking soda, building products, 
chemicals, consumer durables (such as shoes and boots), edible consumer non-durables (processed foods, brewed products), fertilizers, fre sh or frozen broiler chickens and parts, fresh or frozen cuts of bovine animals,  
industrial paints, industrial cleaning chemicals and compounds, industrial glues for packing and labelling, liquid 
detergents, leather goods, leisure wear, lights, spotlights, starter sockets, lamps, acrylic screens and other parts 
and accessories for lighting, paper pro ducts, pharmaceuticals (inclu ding disinfectants, sanitizers and pesticides), 
poultry equipment (including of replacement parts), scrap metal, sl eep products, and transformers. 
70 EX-IM Bank, "Products and Services".  Av ailable online at:  http://www.eximbankja.com/ 
products&services.html. 
71 Non-acceptance coverage insures against the failure or refusal of the buyer to accept the products 
within 30 days on the condition that  the non-acceptance is not due to th e fault of the insured or his non-
compliance with the terms of the contract of sales. 
72 National Export-Import Bank of Jamaica Ltd, "E xport Credit Insurance".  Available online at:  
http://www.eximbankja.co m/export_credit.html. WT/TPR/S/139/Rev.1 Trade Policy Review 
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(4) M EASURES AFFECTING PRODUCTION AND TRADE  
(i) Price controls and competition policy 
(a) Price controls 
133. Jamaica eliminated most price controls a nd food subsidies in 1991.  However, certain 
products and services are subject to administered prices.  They include water, electricity, 
telecommunications (fixed lines), and transportation services (see Chapter IV(5) and (6)).  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. 
134. The Coconut Industry Board is entitled to fix the price of copra and coconuts sold for copra.  
However, as the production of copra was disconti nued effective 1 October 2003, there has been no 
further need to fix prices.  The Coconut Industr y Control Act gives the Coconut Industry Board, 
subject to the approval of the Minister of Agricu lture, the power to fix the maximum retail price of 
coconut edible oils.  In practice, however, the price is not fixed. 
135. The Office of Utilities Regulations Act, 1995, as amended in 2000, empowers the Office of 
Utilities Regulation (OUR) to prescribe the rates or fares for utility services to be charged by a 
company holding a licence to provide utility services, or a specified organization, except if an 
enabling instrument specifies th e way rates are to be set.
73  The OUR must assure that the utility 
service providers receive a reasonable return on cap ital invested.  The services providers may make 
tariff proposals to the OUR, which can either confirm or reject the proposal before a specified date 
(e.g. a date set in the proposal), but not sooner than  30 days from the date of submission.  If the OUR 
fails to do so, the proposed tariff comes into force on that date.  A licensee or a specified organization 
may enter into a special contract to charge rates ot her than those prescribed or approved by the Office. 
(b) Competition policy 
136.  In the early 1990s, following tariff reform , the removal of most price controls, and 
deregulation of certain industries, the Government feared that price fixing by private firms might replace price controls, and that after a long history of  price controls and other regulatory constraints, 
that private firms would be slow to change their behaviour in the market.  Therefore, the authorities 
concluded that a competition law was needed.
74 
137. Competition policy in Jamaica is governed by Ja maica's Fair Competition Act (FCA) 1993, as 
amended in 2001, and the Fair Competition (Noti ces and Procedures) 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 
advertisement.  The Fair Comp etition (Amendment) Act 2001 extended the scope of "tied selling" and 
"price fixing" to services.  Except for the JPSCo and the Coffee Industry Board, which were exempt 
from the jurisdiction of the FCA by Ministerial Orde r, the FTC has jurisdiction over all sectors;  the 
Minister of Commerce, Science and Technology ma y exempt any business or activity by order, 
subject to affirmative resolution.  Further exempti ons apply to activities and/or arrangements, relating 
to employee protection, collective bargaining on behalf of employers and employees, intellectual 
                                                      
73 A specified organization is a body that was providing a utility service pursuant to an enabling 
instrument before 11 October 2000. 
74 OECD (2003). Jamaica WT/TPR/S/139/Rev.1 
 Page 69 
 
 
property, authorizations, treaty obligations, an d professional associations (subject to certain 
limitations).  The FCA does not contain any speci fic provision concerning monopolies or mergers.  
Monopolies are not prohibited, they are treated (as well as mergers) within the context of abuse of a 
dominant position. 
138. The Fair Trading Commission (FTC), under the Ministry of Commerce, Science and 
Technology, is in charge of monitoring and enforcing the provisions of the FCA.  It may authorize an anti-competitive business practice or agreement if it  considers that it will enhance public welfare 
(certain terms and conditions may be imposed);  the burden of proof is on the applicant.  The FTC, on 
its own initiative or upon request may investigate th e conduct of business to find out whether the Act 
is being breached.  Its decision may be appealed within 15 days to a Judge of the Supreme Court 
sitting in Chambers.   The FTC has the right to take to Court any enterprise or individual found 
responsible for anti-competitive practice and failing to take corrective measures as ordered by the 
FTC.  The Fair Competition (Amendment) Act, 2001  extended the FTC's power  to undertake enquires 
and deal with abuse of dominance that is likely to have the effect of lessening competition substantially.  However, the FCA does not establis h a clear demarcation between the role of the 
Commissioners and that of the staff.  In this resp ect, the Jamaican Court of Appeal has noted that the 
judicial function of the FTC merges with its inves tigative function.  In addition, there is no provision 
for the delegation of the investigative functions of  the FTC to the staff or other agencies to be 
administered independently of the Commission;  according to the authorities, the legislation is being modified to address these issues.
75 
139. In 2003, the FTC received 65 competition comp laints, investigated 107 cases (including those 
brought forward from the previous year) and resolved  39.  The major cases dealt with over the last six 
years focused on the jurisdiction of the FCA over th e Jamaica Stock Exchange; predatory pricing in 
the sectors such as hardware, supermarkets, cable television service, remittance and bill payment, 
telecommunications, and pharmaceuticals;  and abuse of dominance in activities such as lottery, beer, 
pharmaceutical, health insurance, telecommunicati ons, banking, stevedoring, airport services, and 
petroleum.  The key areas of work of the FTC in competition have been examining and advising on 
the competitive effect of various agreements i nvolving the Government (e.g. rail services, motor 
vehicle examination services), consulting with  the OUR on telecommunications matters, and 
improving the transparency and consumer friendliness of banking services; it is currently working on 
producing a code of conduct for the petroleum sector. 
140. The FTC carries out investigations and is empower ed to take action with respect to the abuse 
of a dominant position, however fina ncial penalties (up to J$5 million in the case of an enterprise, and 
J$1 million in the case of an individual) or imprisonment (maximum five years) are imposed by a court in cases of failure to comply with the directi on of the FTC.  No custodial sentence is attached to 
civil offences, which are heard by the Supreme C ourt.  Custodial sentences may be imposed by the 
Resident Magistrate's Court.  Relevant criminal  offences range from obstructing an investigation by 
giving false or misleading information to the Commi ssion, to failure to attend and give evidence.
76 
141. A Commercial Court (a division of Supreme Court) was brought into effect under the 
Judicature (Rules of Court) Act, 2000 and the Judi cature (Commercial Court Divisional) Rules 2000 
and became operational in February 2001.  The Cour t deals with business litigation related to the Fair 
Competition Act, the Securities Act, and the Companies Act. 
                                                      
75 OECD (2003). 
76 Currently, the FTC can make rulings involving payments that are not legal fines.  If payment is 
refused, the FTC must take the case to a court, which may then impose a legal fine. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 70 
 
 
142. Chapter 8 of the Revised Treaty of Chagua ramas establishes rules of competition and 
provides for a regional level Competition Commissi on, which is expected to address cross-border 
competition issues.  The Commission has not yet been established. 
(ii) Incentives and other government assistance 
143. According to Jamaican notifications to the WTO, incentives are provided mainly to attract 
investment and to improve the productivity and competitiveness of sectors such as manufacturing, 
mining and services.77  According to the authorities, fiscal in centives are based on considerations such 
as offsetting distortions in prices and costs arising from the disincentive factors (including cost of 
credit, infrastructure, cost of supply and some inte rnal factors to enterprises, such as technology or 
managerial weaknesses) and to equalize the advantag es of the Jamaican fiscal regime with regimes of 
foreign competitors.78 
144. Incentives may also be used to support activities in  priority or strategic areas (as identified in 
the NIP).  Government assistance is provided on an  ad hoc basis with the main objective of improving 
competitiveness.  Over time, the number of these programmes has increased, and it is not clear to 
what extent one sector is more favoured than anothe r.  According to the authorities, a review of the 
incentives is currently being undertake to maximize benefits to the country. 
(a) Fiscal incentives 
145. Jamaica provides a number of production and investment incentives, which are accessible to 
local and foreign investors (Table III.8), and sectio ns (2)(viii) and (3)(iv), except for those provided 
under the Foreign Sales Corporation Ac t.  The main requirement to be nefit from the latter is that the 
entity must be qualified to be a foreign sales cor poration in a scheduled state (e.g. United States, 
including the Commonwealth of Puerto Rico).  In the past, benefits were also granted to foreign 
investors under the International Finance Companies Act, 1971, on the condition that at least 95% of 
the company's issued share capital was held by non -residents of Jamaica;  according to the authorities 
however, this Act is no longer used due to the intr oduction of the new banking regulations.  To benefit 
from any incentive scheme, investors are required to be registered or incorporated in Jamaica and 
must be an approved entity pursuant to the provision s of the relevant incentive statute.  Beneficiaries 
of any incentive scheme are precluded from using any other. 
146. The Industrial Incentives Act (IIA), 1956 as am ended, was designed to encourage the 
manufacture of goods to meet local demand, utili ze the skills of Jamaican  workers, and increase 
employment.  However, the authorities note th at in accordance with a recommendation of the 
IMF/World Bank to shift from an import substituti on to an export promotion strategy, the these 
incentives have been discontinued since the end of 19 86.  Nevertheless, the Act remains on the statute 
books as it is linked to the Industrial Ince ntives (Factory Construction) Act, 1961.79  The Act provides 
for a tax and customs duty relief of 50% or 100%;  for a period up to ten years;  the percentage depends on the approved pr oduct and is decided discretionarily by the Minister of Industry. 
                                                     
 
77 WTO documents G/SCM/N/71/JAM/Suppl.1 and G/SCM/N/95/JAM, 7 October 2003. 
78 Government of Jamaica (1996). 
79 JMA (2004) Industrial Incentives Act , online.  Available at:  http://www.jma.com.jm/Page/37/ 
IndustrialIncentivesAct.asp. Jamaica WT/TPR/S/139/Rev.1 
 Page 71 
 
 
Table III.8 
Fiscal incentives available in Jamaica, 2004 
Legislation Beneficiaries/requirements Concessions/time limits 
Foreign Sales 
Corporation Act Foreign sales corporations  Exemption from income tax 
Exemption from customs duty,  stamp duty and retail tax 
on imports of equipment, machinery or materials 
Time limit: indefinite  
Industrial Incentives Act Enterprises manufacturing a pproved products Exemption from taxes on dividends 
Customs duty relief of 50% or 100%  
Time limit:  up to 10 years 
 
Urban Renewal (Tax 
Relief) Act Persons or organizations that facilitate or carry 
out urban development in depressed areas Exemption from income tax, stamp duty, and transfer 
tax 
Time limit: not specified 
 
Co-operative Societies 
Act Registered cooperatives societies Exem ption from income tax and stamp duty 
Time limit: not specified 
 
Income Tax Act Enterprises in various sectors In itial allowance of 20% of the cost of industrial 
buildings, plant and machiner y for the year of their 
acquisition 
12.5% allowance of the cost of motor vehicles Investment allowance of 20- 40% of capital expenditure 
(basic industries only) 
Special allowance on machinery and equipment used on 
two or more shifts per day (specified industries only) 
Special investment allowan ce of 40%, with a write-off 
period of 17 years (sugar industry only) 
Special investment allowan ce of 40%, with a write-off 
period of 11 years (other agricultural products) 
Special capital allowance scheme for plant and 
machinery (rates of allo wance determined by the 
Commissioner of Mines) (mining sector only) 
 
Income Tax Act – 
Accelerated 
Depreciation Programme All manufacturing companies 
All companies that derive at least 20% of their 
income from exports, including companies 
engaged in promoting data processing and 
systems development Deduction from income of 50% of the full cost of any 
new machinery in the year of purchase and another  50% the following year 
 
Time limit:  2 years  
Modernization of 
Industry Programme 
 Investors providing necessary support, service or 
raw materials to export manufacturers; or being (or planning to be) involved in export activities 
Enterprises in manufacturing and tourism  Exemption from GCT on imported machinery and equipment for the modernization and retooling of factories 
Time limit:  not specified 
 
Bauxite and Alumina 
Industries 
Encouragement Act Businesses engaged in the mining of bauxite or 
the production of alumina Total tariff relief for the importation of capital goods, 
lubricating oils, grease, and chemicals 
Exemption from GCT and SCT on lubricating oils, 
grease, and other products 
Time limit: indefinite 
 
Petroleum Refinery 
Encouragement Act Registered oil refiners Duty-free impor ts of articles for the construction and 
operation of the refinery, and for manufacturing petroleum products 
Exemption of income tax a nd tax on dividends paid to 
shareholders for up to 7 years; 6 additional years to carry forward net losses 
Time limit:  .. 
 
Table III.8 (cont'd) WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 72 
 
 
Legislation Beneficiaries/requirements Concessions/time limits 
Motion Picture 
Encouragement Act Recognized motion picture producers Exemp tions from import duties on equipment, 
machinery, and materials used in motion picture 
production or to build studios 
Income tax relief for 9 years Investment allowance of 70% of expenditure on the 
facilities for 9 years or beyond 
Time limit:  various  
Hotel Incentives Act New hotels with at least ten bedrooms, or hotels 
doing a substantial structural alteration Income tax relief for 9 years 
Income tax relief on dividends paid to shareholders 
Duty-free importation of building materials and 
furnishings Relief from GCT 
Time limit:  10 years (15 years for convention-type 
hotels)  
 Existing hotels adding a minimum 10 rooms or 
30% of the existing number of rooms (whichever is higher); 
Approved convention hotels with 350 or more 
bedrooms Income tax and import duty relief  
  
 
Time limit: 15 years  
Resort Cottages Act  Cottages with at least two furnishe d bedrooms Duty-free importation of building materials and 
furnishings  
Income tax relief for 7 years Time limit:  7 years 
 
Shipping Act Business entities that own Jamaican ships Ex emptions from import duties for articles imported for 
use in the operation of exempted ships (e.g. a registered 
Jamaican ship, engaged in foreign-going trade)  for up 
to 10 years Time limit:  10 years 
 
Customs Act Farmers and farming enterprises (see 
Chapter IV(2)) Duty concession on the impor tation of farm vehicles 
(i.e. panel vans, pick-ups, trucks, tractors - heads and 
trailers)  
Time limit: not specified  
Income Tax Act Any person engage d in an agricultural activity 
prescribed by the Minister of Finance and declared "approved farmer" (see Chapter IV(2)) Income tax relief  
 
Time limit: 10 years, extendable for a further 5 years 
 
.. Not available. 
 
Source:  WTO Secretariat. 
147. In addition, in the calculation of taxable in come, the Income Tax Act provides companies  
with different initial allowances (in the case of a cap ital expenditure on the construction, alteration or 
purchase of a building or structure for industrial use or of purchase of machinery and equipment), special investment allowance (for sugar industry) or  special capital allowances (for certain machinery 
and plant).  Basic industries, as listed in the Annex to the Income Tax Act, are granted an investment 
allowance in place of any initial allowance.  These industries include mainly manufacturing 
subsectors, construction, electricity and steam, wa rehouses and cold storages (operated as independent 
services) and operation of a dock undertaking. 
148. With the decrease of MFN tariffs, and tax- and duty-free treatment for imports of non-
competing raw materials and capital goods provided  for by the Customs Act, many tariff concessions 
included in incentive schemes have been eroded. Jamaica WT/TPR/S/139/Rev.1 
 Page 73 
 
 
(b) Other incentives 
149. Jamaica provides certain non-fiscal investment in centives.  Some institutions, such as the 
Development Bank of Jamaica (DBJ), provide fina ncing for investment projects under concessionary 
conditions (Table III.9). 
150. Through equity financing, the National Inv estment Bank of Jamaica (NIBJ) invests in 
development projects designed to improve and broade n the country's economic base.  Projects may be 
from any of the key economic sectors supported by the National Industrial Policy (NIP):  agriculture;  manufacturing;  mining and minerals;  entertainmen t;  infrastructure;  information technology;  and 
tourism.  Equity financing primarily takes the fo rm of preference shares or  convertible debentures 
mainly to finance capital expenditures.  The NI BJ used to operate programmes that provided 
registered companies with partial financing of debt s to be restructured, provided that the majority 
interest remained with the company.   The balance of the debt was exp ected to be restructured by the 
creditor bank, in the form of an interest rate reducti on, a write-off, or by rescheduling.  The last such 
programme ended in 2000 and the rema ining beneficiaries are being mon itored.  No debt restructuring 
support is currently available.  The NIBJ pr ovides guarantees, underwriting support and financial 
structuring along with capital syndication, on an ad hoc basis. 
151. The Micro Enterprise Project, funded by a grant from the Governments of Jamaica and the 
Netherlands, was ended in December 1998.  Its fu nds have been taken over by a new government 
programme, the Government of Jamaica/Government  of the Netherlands Micro Finance Programme 
(MicroFIN), which provides credit for micro-ente rprises through its Micro Finance Organisations.  
The Government of Jamaica/European Union Cr edit Scheme for Small & Micro Enterprises 
(CSSME) is a similar scheme. 
Table III.9 
Other incentives available in Jamaica, 2004 
Programmes Beneficiaries Concessions/time limits 
Concessionary loans under 
programmes administered 
by the DBJ Viable projects in manufacturing/production Loans in J$ at the preferential ra te of 13%, loans in US$ 
at 10-13% 
Time limit: 3-10 years.  A moratorium of up to 3 years 
on principal repayment 
 
 Funding in priority for: retooling, new 
technology, significant expansion, employment 
generation, foreign exchange earnings/savings A special development bond in J$ at 9.5% interest rate 
Time limit: 7 years. A moratorium of up to 2 years on 
principal repayment 
 
MicroFIN Micro enterprises Loans at interest rate of 1% per week  
Time limit:  20-25 weeks 
GOJ/EU Credit Scheme for 
Small and Micro 
Enterprises Small and micro enterprises Maximum lo an US$50,000 (or J$3 million) granted 
through participating credit institutions (PCI) set their 
own interest rate 
MIDA Micro enterprise Loans of the va lue not exceeding 4 times the member's 
savings and shares combined. 
Interest rate of 23% on reducing balance 
Time limit:  24 months 
 
Self-Start Fund Small and micro enterp rises Loans at interest rate of 25%  
Time limit:  2 years 
 
Source:  WTO Secretariat. WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 74 
 
 
152. The Government also provides support to micro-enterprises through the Micro Investment 
Development Agency Ltd (MIDA).  Micro enterp rises are defined as owner-operated enterprises, 
employing one to ten persons, with assets less than  J$600,000 (excluding land and buildings).  
Emphasis is placed on creating and sustaining employment.  MIDA operates through approved 
lending agencies, called Community Developmen t Funds (CDFs), which are community based 
organizations.80  For fiscal year 2003/04, MIDA disbursed loans totalling J$211.8 million to 11,984 
micro enterprises.  The Self-Start Fund, a reta il institution, provides loans to small and micro 
enterprises. 
153. There are no adjustment or regional progra mmes.  Incentives for R&D are granted through 
government agencies involved in R&D, and through duty-free treatment of imports of R&D items;  
the importance of R&D is also recognized in productivity programmes. 
(iii) State trading, state-owned enterprises, and privatization 
(a) State trading enterprises 
154. In 1996, Jamaica notified a number of enterprises falling within the definition of GATT 
Article XVII and the reasons for maintaining th em.  They concern Commodity Boards and the 
Petroleum Corporation of Jamaica.81  The Jamaica Commodity Trading Company Ltd, created in 
1974 to import certain basic food items, ceased operations in 2001.82 
155. Commodity boards were introduced to monito r the quality of the agricultural products 
exported.  These Boards still hold regulatory powers,  even though their roles have been reduced over 
time (see Chapter IV(2));  they have become mo re involved in providing services (Table III.10).  
Since January 2000, the Coffee Industry Board has b een operationally separated into two divisions:  
regulatory and commercial.  The commercial assets are to be transferred to a separate government-owned entity, the Specialty Coffee Comp any of Jamaica, which will produce, procure, 
process, and market Jamaican coffee.  This entity was expected to assume its mandate on 
1 August 2004. 
156. The Petroleum Corporation of Jamaica (PCJ) was established in 1979 with the purpose of 
searching for oil and gas and to be the lowest-cost provider of these products.  Its current efforts are 
mainly concentrated on the purchase of petroleum, property management, and the search for alternative sources of energy.  It has two major s ubsidiaries, Petrojam Ltd and Petroleum Company of 
Jamaica Ltd (see Chapter IV(5)). 
(b) State-owned enterprises 
157. The State remains involved in commercial activ ities in agriculture, mining, utilities, banking, 
and transport, through a number of commercial pub licly owned companies.  Since the early 1990s, 
when the problem of substantial debt obligations  was compounded by the divestment of some public 
enterprises, the Jamaican Government has b een undertaking various steps to address the 
accountability and efficiency of the public sector (Tab le III.11).  In 2001, it adopted the Public Bodies 
Management and Accountability Act, designe d to improve the corporate governance and 
accountability of all public bodies through various re quirements, such as annual reporting (together 
with audited financial statements);  prior consulta tion with the Minister of Finance and Planning on 
matters having impact on the Consolidated fund;  annual submission of the corporate plan;  and 
                                                     
 
80 The CDFs are registered as Prov ident Societies under the Industrial and Provident Societies Act. 
81 WTO document G/STR/N/1/JAM, 5 July 1996. 
82 WTO document G/STR/N/7/JAM, 20 September 2001. Jamaica WT/TPR/S/139/Rev.1 
 Page 75 
 
 
establishment of audit committees.  The Act lists in formation that has to be included in the annual 
report and the corporate plan.  It also provides for the collective responsibility of boards of directors, 
special auditing (when judged necessary by the respons ible Minister), external auditing, and sanctions 
for non-compliance with the provisions of the Ac t.  In March 2003, the Act was amended to 
incorporate statutory bodies within the definition of  public bodies, and regulations are currently being 
drafted to give effect to the Act. 
158. The new Companies Act 2004 is also expected to strengthen the management and 
accountability of all enterprises, including state owned enterprises. 
Table III.10 
Commodity boards, 2004 
Board/current status Composition Current functions 
Banana Board (established 
under the Banana Board 
Act, 1953) According to the Act: 5 to 8 
members, at least one of which is 
a representative of growers. 
Staff complement: one full time employee and one part time 
 Promoting the industry and assisting its development 
Management of the Banana Insurance Fund 
Instituting, conducting and fi nancing research activities 
Cocoa Industry Board 
(established by the Cocoa Industry Board Act of 1957, as amended in 1991) According to the Act: 7 members: 
4 (including the Chairman ) appointed by the Minister of Agriculture; and 3 nominated by 
the body representing cocoa 
growers. Staff complement: 19 full-time 
employees and 47 seasonal 
production workers Promoting the interest and efficiency of cocoa industry 
Purchasing, processing and sale of cocoa beans Processing wet cocoa to an exportable state and exclusively managing marketing arrangements (i ncluding negotiating sale prices)
Assisting development of industry 
Encouraging and spearheading improvements in production Providing extension services to farmers 
Securing most favourable arrangements for purchase, handling, 
marketing, sale, exportation and importation of cocoa Regulating the market to ensure th at only cocoa beans of the highest 
standard are sold internationally 
Quality control of exports 
 
Coconut Industry Board 
(established by the Coconut Industry Control 
Act of 1945) According to the Act: 9 members: 
4 (including the Chairman) appointed by the Minister of 
Agriculture;  and 5 elected by 
coconut growers Staff complement:  .. Industry research 
Providing extension services Managing the Windstorm Insurance Fund 
Promoting the efficiency of coconut industry 
Regulating the sale, purchase, a nd exportation of coconuts, and 
importation of edible oils 
Encouraging coconut production 
Arranging licences for manufacturers using coconut 
 
Coffee Industry Board 
(established under the Coffee Regulation Act of 
1948) According to the Act: 7-9 
members appointed by the Minister, of which shall be 
nominated members (from a 
panel of coffee growers). Staff complement: 45 people for 
regulatory function and 75 people  
for commercial function Establishing, maintaining and operating nurseries 
Handling trade and distribution of coffee seedlings, plants and berriesRegulating the industry 
Certification, quality assurance, fa rmer advisory service, research 
and brand protection Cultivating, manufacture, proce ssing, purchase and sale, and 
marketing of coffee and coffee products 
Issuing licences to companies, associations, and individuals undertaking these activities  
Table III.10 (cont'd) WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 76 
 
 
Board/current status Composition Current functions 
Sugar Industry Authority 
(established under the 
Sugar Industry Control Act 
of 1937) According to the Act: 7 people 
with experience related to Sugar 
Industry Board, appointed by the 
Minister of Agriculture Staff complement: 106 people Regulating and monitoring the industry 
Research and extension services for the industry 
Collecting and distributing the pr oceeds received from sugar sold 
under the country's preferential quota agreements through its agent Jamaica Cane Produc ts Sales (JCPS) 
Sale of imported raw sugar 
Advising Minister of all matters related to industry Arranging marketing of sugar and molasses for export and domestic 
consumption 
Issuing export licences Guaranteeing quality of sugar 
 
.. Not available. 
 
Source:  WTO document G/STR/N/1/ JAM;  and Ministry of Finance and Planning, Jamaica Public Sector Entities, 
 Estimates of Revenue and Expend iture for the year ending March 2004 .  Available online at:  
 http://www.mof.gov.jm/progr ammes/frm/ped/spse.shtml. 
Table III.11 
Public sector entities, 2004 
Staff complementa 
Portfolio Ministry Entity 
Full time Part time 
Office of the Prime Minister National Housing Trust 
Urban Development Corporation 554 
.. 163 
.. 
Ministry of Agriculture Agricu ltural Development Corporation 
Agricultural Marketing Corporation Banana Board 
Banana Insurance Fund Cocoa Industry Board 
Coconut Industry Board  
Coffee Industry Board National Rums of Jamaica Sugar Industry Authority 60 
11 
1 
10 35 
46 
185 139 106  
 
1 
 
21 
seasonal 
200 
Ministry of Commerce, Science and 
Technology Petrojam Limited 
Petroleum Corporation of Jamaica 
Petroleum Company of Jamaica Limited 153 
103 
100  
Ministry of Development Bauxite & Alumina Trading Company Limited 
Jamaica Bauxite Institute 
Jamaica Bauxite Mining Limited 14 
58 
115  
Ministry of Education, Youth and Culture  Hu man Employment and Resource Training Trust 1,163 467 
Ministry of Finance and Planning  Be tting, Gaming and Lotteries Commission 
Container Services Limited (being wound up) 
Development Bank of Jamaica Limited 
Jamaica Deposit Insurance Corporation 
National Export - Import Bank of Jamaica Limited National Investment Bank of Jamaica Limited 
Public Accountancy Board 
Sugar Company of Jamaica Limited 69 
0 
70 
20 
59 54 
.. 
3,638   
0 
 
 
  
 
612 
Ministry of Health Health Corporation Limited 126  
Ministry of Industry and Tourism  Fact ories Corporation of Jamaica Limited 
Kingston Free Zone Company Limited 
Micro Investment Development Agency 
Montego Bay Free Zone Company Limited 
Self Start Fund 48 
19 
11 
11 
16  
Ministry of Labour and Social Secu rity National Insurance Fund  15  
Table III.11 (cont'd) Jamaica WT/TPR/S/139/Rev.1 
 Page 77 
 
 
Staff complementa 
Portfolio Ministry Entity 
Full time Part time 
Ministry of Transport and Works  Ae ronautical Telecommunications Limited 
Airport Authority of Jamaica 
Civil Aviation Authority Jamaica Urban Transit Company Limited 
Metropolitan Management Transport Holdings Limited 
Ports Security Corps Limited Port Authority of Jamaica Transport Authority 59 
230 
188 
2,993 
2 
877 229 315  
Ministry of Water and Hous ing  Jamaica Mortgage Bank 
National Housing Development Corporation 
National Water Commission 21 
167 
2,000   
 
.. Not available.  
a As expected for 2003/04. 
 
Source: WTO Secretariat, based on Mini stry of Finance and Planning, Register of Public Sector Entities Classified Under  
 their Respective Portfolio Ministries.  Available online at:  http://www.mof.gov.jm/programmesfrm/ped/ 
 download.shtml. 
159. In addition, the Government has undertaken to  restructure large public entities currently in 
deficit, such as the Jamaica Urban Transit Compan y, the National Housing Development Corporation, 
the National Water Commission, and the Sugar Compan y of Jamaica.  In June 2003, the Public Sector 
Rationalisation Project was re-energized and a ser ies of actions initiated with the objectives of 
achieving greater prudence and efficiency in the u se of public resources, and eliminating functional 
redundancy.  The programme includes mergers, downsizing, sharing of corporate services, and liquidation of redundant entities.  As a result,  Container Services Limited and Metropolitan 
Management Transport Holdings Ltd ceased ope rations on 31 March 2004 and should be wound up 
by December 2004.  By the end of May 2005 most of the remaining state-owned enterprises are 
expected to be focusing on performing regulatory and/or developmental functions to create the 
environment for markets to develop in emerging secto rs and industries.  According to the authorities, 
entities engaged in delivering goods and services mandat ed by statute, will continue to operate so long 
as markets are unable to function fairly and effectively. 
(c) Privatization 
160. 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 Investme nt 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 and Planning.  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 ow nership programme, public auctions, and joint 
ventures.  According to the authorities, the most used  methods are sale of assets or shares, and lease of 
lands and/or buildings. 
161. According to Ministry Paper No. 34, 1990, entities to be privatized must be advertised in the 
press and the electronic media.   NIBJ advertises the proposed privatization via the local and/or WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 78 
 
 
overseas media for up to three months (one or two advertisements per week), depending on the size 
and importance of the enterprise.83 
162. The Jamaican Privatisation Programme began in  the early 1980s and is guided by Ministry 
Paper No. 34.  Since then, over 75 enterprises have been privatized by NIBJ, including wholly owned 
government companies such as Eastern Banana Es tates, Victoria Banana Company, and Trans-
Jamaican Airlines, as well as the Government's  shareholding in Caribbean Steel, the Cement 
Company, Grains Jamaica, Cable and Wireless JA, and Radio Jamaica.  Most of the large enterprises previously in state hands have now been privati zed.  The biggest operations overseen by NIBJ since 
1998, were the sale of 80% of the JPSCo in March 2001, of 43% of the Carib Cement Company in 
April 1999, and the concession of Sangster Internati onal Airport in April 2003 (Table III.12).  In 
addition, NIBJ has assisted in a number of transactions for which it did not have direct responsibility such as the privatization of Air Jamaica Ltd. 
Table III.12 
Concessions and privatization operations since 1998 
Incomea 
Entity/activity/land Date Method US$ J$ 
Cabaritta Tours May 1998 L ease of lands  917,013 
Ariguanabo Textile Plant March 2000 Lease of building  1,896,000 
Spring Plain Office August 2000 Lease  552,000 
Farm Machinery Centre November 2000 Lease of lands  430,662 
Solar Salt July 2001 Lease of lands  12,000,000 
Kingston Dry Dock Limited February 2001 Lease  42,900,000 
Monymusk October 2001 Lease of lands  150,000 
Monymusk February 2002 Lease of lands  32,171,650 
Spring Plain/St. Jago Property September 2002 Lease of lands/building  2,495,175 
Jamaica Fisheries Complex: Tenant #2 N ovember 2002 Lease of assets  7,893,750 
Ariguanabo Buildings 1 and 2 August 2003 Lease of buildings  15,360,000 
Sangster International Airport April 2003 Concession 552,000,000  
Part of Cotton Polyester Limited January 2004 Lease of building  840,000 
Part of Cotton Polyester Limited May 2004 Lease of land & buildings  7,598,000 
Petrojam Belize March 1999 Sa le of assets 5,000,000  
Carib Cement Co. Limited April 1999 Sale of shares 29,834,000  
Property for housing development Sept. 1997 & 
Mar. 1999 Sale of lands  28,275,000 
Ashtrom Building Systems Limited April 2000 Sale of shares  22,000,000 
Solar Salt Facility July 2001 Sale of assets  3,050,000 
Jamaica Public Service Co. March 2001 Sale of shares 201,000,000  
Central Westmoreland Trust January  2002 Sale of lands  28,275,000 
Aqualapia Limited July 2002 Sale of shares  32,348,595 
Granville Whitelock (resident) March 2003 Sale of land and house  3,000,000 
Part of Ariguanabo lands August 200 3 Sale of land and well  23,119,900 
Part of Ariguanabo hillside lands  July 2003 Sale of land  310,000 
Shareholding in Radio Jamaica Limite d March 2004 Sale of shares  166,000 
Total income   787,834,000 265,748,705 
 
a Lease income includes all projected leas e payments over the full term of leases. 
 
Source: Information provided by the NIBJ. 
                                                      
83 NIBJ, Privatisation Policy and Procedures .  Available online at:  http://www.nibj.com/procedures. 
htm. Jamaica WT/TPR/S/139/Rev.1 
 Page 79 
 
 
(iv) Government procurement 
163. Jamaica is not party to WTO Plurilatera l Agreement on Government Procurement. 
164. For the period June 2000 to May 2004, govern ment procurement (including state-owned 
enterprises) for contracts over J$4 million was J$78,6 billion (Table III.13);  the majority of these 
contracts were awarded to foreign suppliers.84 
165. Government procurement is regulated by th e Financial Administration and Audit Act (FAA 
Act) 1959, as amended, and the Cont ractor General Act 1983, as amended.85  The FAA Act 
establishes guidelines for government spending, acc ounting, and accountability for expenditure.  The 
Contractor General Act defines the role and respons ibility of the Contractor General and his Office.  
The 1999 amendment to the Act created the National Contracts Commission (NCC), replacing the 
Government Contracts Committee.  The new legislati on was enacted as a part of the Public Sector 
Modernization Project (PSMP). 
166. Guidelines for all procuring public sector en tities are contained in the Handbook of Public 
Sector Procurement Procedures, 2001.86  Procuring agencies are also mandated to comply with 
environment preservation and protectio n legislation and to evaluate the "environmentally friendliness" 
of their procurements.87 
Table III.13 
National Contracts Commission endorsed contracts, 28 June 2000 to 28 May 2004 
Year Works Goods Services 
 Contracts in JA$  
2000 593,119,432.44 20,665,000.00 0.00 
2001 7,204,061,365.64 1,476,636,594.39 1,340,887,947.86 
2002 5,145,264,123.64 2,491,375,630.47 406,923,510.30 
2003 6,593,348,029.43 1,249,932,426.78 817,627,674.28 
2004 716,244,351.58 257,624,117.32 24,123,682.00 
Total 20,252,037,302.73 5,488,443,338.96 2,589,562,814.44 
 Contracts in US$  
2000 0.00 0.00 0.00 
2001 510,984,764.99 2,424,842.05 29,706,722.94 
2002 10,548,878.55 46,738,260.21 6,766,069.99 
2003 45,299,945.77 251,586,279.63 23,370,028.08 
2004 46,603,000.00 2,231,222.12 4,770,091.00 
Total 616,436,589.31 302,980,604.01 64,612,912.01 
Table III.13 (cont'd) 
                                                      
84 Information provided by the authorities of Jamaica. 
85 The Contractor General Act 1983, as amended in 1985 and 1999.  Available online at:  
http://www.ocg.gov.jm/cgact.php. 
86 National Contracts Commission, Handbook of Public Sector Procurement Procedures , May 2001.  
Available online at:  http://www.ocg.gov.jm/gpphandbook/procurementhandbook1.htm. 
87 Environmental Guide to Green Procurement.  Available online at:  http://www.mof.gov.jm/ 
downloads/2002/other/egpg.pdf.  WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 80 
 
 
Year Works Goods Services 
 Contracts in £  
2000 0.00 0.00 0.00 
2001 0.00 0.00 817,250.00 
2002 0.00 0.00 0.00 
2003 0.00 0.00 0.00 
2004 0.00 0.00 0.00 
Total 0.00 0.00 817,250.00 
 Contracts in €  
2000 0.00 0.00 0.00 
2001 0.00 0.00 0.00 
2002 0.00 0.00 0.00 
2003 570,735.00 1,162,875.00 4,405,496.00 
2004 0.00 0.00 0.00 
Total 570,735.00 1,162,875.00 4,405,496.00 
 
Source: Information provided by the NCC. 
167. In practice, government procurement activities are decentralized to procuring entities.  The 
Ministry of Finance and Planning, through its Procurement Policy Implementation Unit (PPIU), is 
responsible for developing of the public proc urement policy and for monitoring procurement 
expenditure using the Public Sector Procuremen t Reporting System (PRS) of mandatory monthly 
procurement reports from each public entity.  It coop erates with the Office of the Contractor General 
and the NCC to monitor procurement awards and implementation. The PPIU also facilitates the understanding of the governing legislation and re lated documentation through training, workshops 
and seminars. 
168. The Office of the Contractor General is a Commission to Parliament, established in 1986.
88  
The Contractor General is appointed by the Gove rnor General, after cons ultation with the Prime 
Minister and the Leader of the Opposition, for sev en years (renewable), and is independent.  The 
Contractor General may summon information from any public body or officer and may investigate the 
fairness of contract award and termination, and th e adherence to relevant terms and conditions, as well 
as the procedure for conducting the investigation (e xcept for defence-relate d procurement and supply 
to the Security forces, which requires approval by the Cabinet).  Any evidence of breach or 
misconduct must be reported to Parliament, which may also request a report from the Contractor 
General at any time during an investigation. 
169. The NCC is responsible for endorsing and over seeing the procurement process for contracts 
valued at J$4 million and above (except contracts that require approval by Cabinet);  it conducts 
ongoing assessment of contractors’ ability to perform;  directs the activities of sector committees;  and 
develops regulations including th ose related to competitive bidding, contractor requirements, and 
registration cancellation. The NCC consists of eight  members appointed for seven years (renewable):  
the Chairman (appointed by the Governor Genera l), two commissioners nominated by the private 
sector, and five nominated by the Cabinet.   The NCC operates through seven NCC Sector 
Committees, which assisting the government agencies  assigned to them with procurement processes.89  
They review contract proposals to ensure that  the procurement process used complies with the 
Government's Procurement Policy and Regulations  and, if so, endorses the procuring agency's 
recommendations. 
                                                      
88 The Contractor-G eneral Act 1983. 
89 The list of Government contracting agencies a nd their respective Sector Committees is available 
online at:  http://www.ocg.gov.jm/agencies.php. Jamaica WT/TPR/S/139/Rev.1 
 Page 81 
 
 
170. The NCC manages a register of approved suppliers of goods and services, formerly 
administered by the Ministry of Finance, and a register of works contractors.  Prospective works contractors register with the NCC, and are given a grade classification ranging from 1 to 5 commensurate with financial status, technical and managerial competence, level of expertise, 
equipment, and general resources.  Contractors are not awarded contracts that exceed the monetary 
limits of their grades;  contracts with a cost est imated to exceed J$150 million must include a specific 
pre-qualification exercise.  Monetary limits are set  by category and grade and are for grade 1 either 
J$150 million or J$75 million; for grade 2 J$75 or J$50  million; for grade 3 J$50 or J$12 million; and 
for grade 4 vary between J$4 and J$16 million; mone tary limit for grade 5 is J$250,000.  Contractors 
can be registered in multiple categories.  No  gr ading exists for suppliers of goods and services, but 
they are registered to supply specific categories of goods and services. 
171. In order to register for goods and services, cer tain categories of activity need to be licensed 
and certified by their respective regulating agencies for the type of activity:  insurance services, 
customs brokerage, catering, banking and investme nt, school furniture, safety and security services, 
petroleum products, transportation and haulage, medical and pharmaceutical, guns and ammunition, 
chemicals and pesticides.
90  Foreign suppliers must fill out a tax compliance form, obtain a 
Tax Registration Number, register with the Registrar of Companies (Chapter II(2)(iv)), and obtain tax 
clearance letters from the Inland Revenue Depart ment, National Insurance and National Housing 
Trust offices.91  Annual registration with the NCC is required and annual fees vary by grade (from 
J$1,000 for grade 5, to J$60,000 for grades 1 and 2).92  There are no fees for the registration of goods 
and services providers. 
172. The Handbook of Public Sector Procurement Pro cedures provides for the use offsets.  While 
the Government reserves the right to use offset93, there is only one documented case of its use in 
recent years; it concerned  procurement of textbooks , where 7.5% domestic preference was granted, 
but the contract was still won by a foreign company.  Contracts below the international contract value 
threshold (not yet set) are generally limited to cont ractors registered with the NCC;  registration is 
open to domestic and foreign suppliers. 
173. The methods for tendering are:  open tendering (open to all local and foreign suppliers);  
selective tendering (open to registered and qualifie d contractors);  and limited tendering (only some 
approved contractors are invited to tender), which may include requests for quotation and single-source or direct contracting procedures (Table III. 14).  The latter requires justification based on the 
nature of the procurement, its urgency or the specialized nature of the good, work or service. 
174. Contracts above the international contract va lue must be awarded through open tendering.  
Otherwise, the selective tendering is primary met hod of procurement.  The time limits for the 
submission of bids are:  for open and selective te nder, at least 30 days for local and 45 days for 
international bids, and for private and single te nders, a minimum of 14 days for local and 45 for 
international bids.
94  Contracts with an estimated value of over J$150 million require a pre-
qualification process. 
                                                      
90 NCC, Register of Public Sector Contractors .  Available online at:  http://www.ocg.gov.jm/ 
advertreg&works.html. 
91 Ministry of Finance and Planning (2001). 
92 NCC, Register of Public Sector Contractors Grade 1-4, Application Form.   Available online at:  
http://www.ocg.gov.jm/doc uments/appform.pdf. 
93 Ministry of Finance and Planning (2002). 
94 Inter-American Development Bank (2004). WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 82 
 
 
Table III.14  
Government procurement methods, 2004 
Method Threshold (J$) Procurement Tenderers Advertisement 
Construction worksa All domestic and foreign 
contractors National daily newspapers, or 
business magazines / 
periodicals 
Goods All domestic and foreign 
suppliers National daily newspapers, or 
business magazines / 
periodicals Open tender with prequalification 
Other services All domestic and foreign 
enterprises National daily newspapers, or 
business magazines / 
periodicals 
Open tender J$150 million (or 
the international 
contract value 
threshold, once set) 
Consulting services All domestic and foreign 
consultants A national newspaper 
Construction worksa Registered domestic 
contractors National daily newspapers 15 million to 
J$150 million (or the international 
contract value 
threshold, once set) Goods, consulting and 
other services Registered domestic 
enterprises and consultants National advertising 
Construction worksa Registered domestic 
contractors  National daily newspapers 4 million to 
15 million  
Goods, consulting and 
other services Registered domestic 
contractors and consultants National advertising 
1 million to 
4 million  Construction worksa, 
goods, other services Registered domestic 
enterprises and suppliers Selective tender 
250,000 to 
1 million 
 Construction worksa Registered domestic 
contractors At least at Parish Council 
Office, National Works Agency 
Parish Office, Parish post office or local or regional office of 
contracting entity 
4 million  Consulting services Registered domestic 
consultants Advertising not required;  at 
least 3 registered consultants  
should be invited 
250,000 to  
l million  Goods, other services Registered domestic 
enterprises Advertising not required; at 
least 5 qualified contractors 
should be invited Limited tender 
(including sole 
source or direct 
contracting) 
J$250 000  
 Construction worka, 
goods, other services Registered domestic 
enterprises Advertising not required; at 
least 3 qualified contractors 
should be invited (national 
advertising may be required based on the natural complexity 
of the work) 
 a Construction works include the associated  consulting services, goods, and services. 
 
Source:  WTO Secretariat. 
175. Invitations to tender are generally published in  national, regional, and international print 
media as well on the website of the Office of the Contractor General.95  Advertising is usually done 
through the Jamaica Information Service (JIS).  The minimum advertising requirements are presented 
in Table III.15.  Information regarding contract aw ards are published on the website of the Office of 
the Contractor General, but details must be ve rified with the procuring ministry or agency. 
176. A procuring entity must seek approval before entering into a contract from (thresholds for 
approval between parentheses):  the Permanent Secretary of the portfolio ministry (less than J$4 million);  the Permanent Secretary on the endorsement of the NCC (J$4 million but under 
J$15 million);  Cabinet, on the endorsement of th e NCC and the Permanent Secretary (J$15 million 
and above).
96  Each public procuring entity must select  a Procurement Committee, which submits an 
                                                      
95 Government of Jamaica, Procurement Notice Board.  Available online at:  http://procrement.ocg. 
gov.jm. 
96 National Contracts Commission, Handbook of Public Sector Procurement Procedures , May 2001.  
Available online at:  http://www.ocg.gov.jm/gpphandbook.php. Jamaica WT/TPR/S/139/Rev.1 
 Page 83 
 
 
evaluation for the approval of an award.  Cont racts over J$4 million must be referred by the 
Procurement Committee to the appropriate NCC Se ctor Committee;  contracts over J$15 million are 
subject also to approval by Cabinet.  Some purchase s, if funded by external agencies (e.g. the World 
Bank), may be subject to approval by that agency. 
Table III.15 
Membership in intellectual property  protection treaties, February 2004  
Convention/Agreement Date of membership 
Paris Convention for the Protection of Industrial Property (1883) December, 1999  
Berne Convention for the Protection of Lite rary and Artistic Works (1886) January, 1994  
Madrid Agreement for the Repression of False of Deceptive Indications of  Source on Goods (1891) Not a party  
Madrid Agreement Concerning the Internationa l Registration of Marks (1891) Not a party  
Hague Agreement Concerning the International Deposit of Industrial Designs (1925) Not a party  
Nice Agreement Concerning the International Classifi cation of Goods and Services for the Purposes 
of Registration of Marks (1957) Not a party  
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration 
(1958) Not a party  
Rome Convention for the Protection of Performe rs, Producers of Phonograms and Broadcasting 
Organizations (1961) January, 1994  
Locarno Agreement Establishing an International Cla ssification for Industrial Designs (1968) Not a party  
Patent Cooperation Treaty (1970) Not a party  
Strasbourg Agreement Concerning the Internati onal Patent Classification (1971) Not a party  
Convention for the Protection of Producers of Phonogr ams Against Unauthorized  Duplication of their 
Phonograms (1971) January, 1994  
Vienna Agreement Establishing an International Cl assification of the Figurative Elements of Marks 
(1973) Not a party  
Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by 
Satellite (1974) January, 2000  
Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes 
of Patent Procedure (1977) Not a party  
Nairobi Treaty on the Protection of the Olympic Symbol (1981) March, 1984  
Washington Treaty on Intellectual Property in Respect  of Integrated Circuits (1989) Not a party  
Trademark Law Treaty (1994) Not a party  
WIPO Copyright Treaty (1996) June, 2002  
WIPO Performances and Phonograms Treaty (1996) June, 2002  
Patent Law Treaty (2000) Not a party  
Convention Establishing the World Intell ectual Property Organization December, 1978  
 
Source:  WTO Secretariat, based on WIPO Treaties and Contacting Parties .  Available online at:  http://www.wipo.org/ 
treaties/en/index.html. 
177. Contractors have the right of appeal for decisi ons or treatment considered inconsistent with 
the Handbook, and submit a complaint to the procuri ng entity within 20 days of the alleged breach or 
injury.  The entity must provide a written decision, and justification of this, within 14 days of receipt 
of the complaint.  The contractor thereafter has 14 days to appeal to NCC.  The NCC must, within 
14 days of receipt of a formal complaint, review  and recommend appropriate action to the procuring 
entity.  Should the procuring entity fail to co mply with the recommendation of the NCC, the 
contractor may institute proceedings for a judicial re view by the courts.  In addition, the contractor 
may at anytime in the process seek a judicial review without going to the NCC. 
178. The Integrated Financial Management Inform ation System (IFMIS) has been implemented 
since 2000 to improve government treasury functions by consolidating the financial information from ministries and departments in the Accountant Ge neral's Department.  The Accountant General 
monitors expenditure for purchases made overseas, a nd in foreign currencies.  For overseas purchases, WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 84 
 
 
procuring entities must use a licensed customs broker that has been registered and approved by the 
NCC. 
179. Government procurement is not covered under the CARICOM Treaty, however there has 
been movement towards the development of a regional strategy throu gh country and regional 
analytical research, training workshops on gove rnment procurement, and cooperation with 
international development agencies.  Jamaica is also currently negotiating government procurement 
provisions in the Free Trade Area of the Americas negotiations.  It has included a provision calling for 
a future agreement on government procurement in the CARICOM-Dominican Republic Free Trade 
Agreement, and will consider including provision s on government procurement in the CARICOM-
Costa Rica  Free Trade Agreement (Chapter II(3)(ii)). 
(v) Intellectual property rights 
(a) Legal and institutional framework 
180. Jamaica is a member of the World Intellectual Property Organization (WIPO) and a signatory 
to several intellectual property rights (IPRs) agreem ents (Table III.15).  Since its last Trade Policy 
Review in 1998, Jamaica has become party to four  international conventio ns and treaties and has 
introduced new national legislation, such as the Trade Marks Act 1999, Trade Marks Rules 2001, the 
Copyright (Amendment) Act 1999, and the Layout Designs (Topographies) Act 1999.  Jamaica has a bilateral IPR agreement with the United States.
97 
181. In 2001, in order to strengthen the administra tive infrastructure, the Copyright Unit (formerly 
under the Ministry of Industry, Commerce and Tec hnology) together with the agency dealing with 
industrial property were united to form the Jama ica Intellectual Property Office (JIPO), governed by 
the Jamaica Intellectual Property Office Act 2001.  It s mandate includes to provide a fulcrum for the 
harmonization of intellectual property legislation in Jamaica with international treaties, to facilitate 
and encourage compliance with the intellectual propert y laws, and to ensure that the laws are fully 
operational.98  JIPO bears direct responsibility for the re gistration of trade marks, industrial designs 
and geographical indications, while also administ ering copyrights and related rights, the patent 
system, and the Layout-Designs (Topographies) Act.99 
182. Jamaica is in the process of reviewing its intellectual property laws (Table III.16).  It has 
notified WTO of its existing laws (with the excep tion of the Copyright Act and the Designs Act, 
which are being modified,) and draft laws to  be incorporated into national legislation.100  I n  M a y  
2004, it was finalizing draft legislation on patent s, and industrial designs.  The TRIPS Council 
reviewed Jamaica's IPR legislation (including the dr aft laws) in June 2001;  Jamaica provided answers 
to questions from five Members.101  Jamaica has not notified to WTO its IPR contact point. 
183. Parallel imports are not allowed under the Copyright Act and the Layout-Designs 
(Topographies) Act;  they are forbidden under the Trade Marks Act only upon written request to the 
                                                      
97 The Agreement Concerni ng the Protection and Enforcement of Intellectual Property Rights, 1994. 
98 Ministry of Commerce, Science and Technology.  Ministry paper, 16 July 2003, available online at:  
http://www.mct.gov.jm/MinistrypaperJIPO.pdf. 
99 Jamaica Intellectual Property Organisation, online information.  Available at:  http://www.jipo.gov. 
jm/home.htm. 
100 WTO documents IP/N/1/JAM/2, 16 October 2002; IP/N/1/JAM/G/1, 17 June 2002; IP/N/1/JAM/I/1, 
17 June 2002; IP/N/1/JAM/T/1, 17 June 2002; IP/N/1/J AM/C/1, 18 October 2002; IP/N/1/JAM/L/1, 21 October 
2002, and IP/N/1/JAM/1, 10 July 1998. 
101 WTO documents IP/Q/JAM/1, IP/Q2/JAM/1, IP /Q3/JAM/1, IP/Q4/JAM/1, 12 December 2001. Jamaica WT/TPR/S/139/Rev.1 
 Page 85 
 
 
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 imports. 
184. The existing legislation does not provide for compulsory licensing of patents;  however it is 
covered in the draft of the future Patents and Designs Act. 
185. In October 2003, the Patents and Industrial Designs Act  was still in the drafting stages;  the 
authorities note that it was expected to be sent to the Parliament in December 2004.  A patent would 
be protected for a period of 20 years from the date of  filing, non-renewable.  A patent would not be 
granted for, inter alia , plants, varieties of plants or animals, biological processes or discoveries.  An 
industrial design would be defined as any composition of lines and colours or three-dimensional form 
that enhances a product of industry or handicraft.  Protection would be for a period of five years with 
the possibility of renewal twice for su ccessive periods of equal duration. 
Table III.16 
Overview of IPR protection, May 2004  
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 
The 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 
Geographical indications 
Products originating in the 
territory of a country, region or 
given locality, where a particular quality or reputati on 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 protection 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 The Protection of 
Geographical Indications 
Act 2004 
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 
Table III.16 (cont'd) WT/TPR/S/139/Rev.1 Trade Policy Review 
Page 86 
 
 
Coverage Duration Selected exclusions  and limitations Main legal sources 
Utility models 
No protection granted 
 Not applicable Not app licable Not applicable 
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 
Undisclosed information 
No protection granted  Not applicable Not app licable Not applicable 
Plant varieties  
No protection granted Not applicable  Not applicable Not applicable 
 
Source : WTO Secretariat. 
186. The Protection of Geographical Indications Act was passed in April 2004.  Where a 
geographical indication is infringed (whether or not  the geographical indication is registered), the 
Court has the power to grant an injunction to preven t continued infringement and to award damages to 
the right-holder.  The Act also makes special pr ovisions concerning the use of trade marks that 
contain or consist of a geographical indication relating to a product that does not originate in the territory indicated by the geographical indication.  Such trade marks, which are likely to mislead the 
public, can be barred from registration or where one al ready exists, it can be revoked.  In particular, 
wines and spirits are protected by this law.  Howeve r, the Act allows for the continued use, in Jamaica 
only, of a geographical indication on wines and spirits  of another country the resident or citizen of 
Jamaica can prove that the geographical indication h as been used continuously for at least ten years 
prior to 15 April 1994, or in good faith at any time preceding that date. 
(b) Enforcement 
187. Jamaica has answered the questions on th e WTO checklist of issues on enforcement.
102 
188. IPR legislation is enforced mainly by the Jamaica Constabulary Force (JCF) (the police), 
through its Organized Crime Investigation Unit, composed of 53 officer.  The JCF may initiate 
criminal proceedings on the basis of a complaint or on its own initiative. 
189. The Customs is in charge of action against counterfeit activities at the border and works in 
conjunction with the Revenue Protection Division of the Ministry of Finance.103  Suspension of goods 
by Customs, however, is considered only in the Copyright Act and in 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 authorities to act ex officio in any instance.  The Copyright Act 
provides also for penalties under the Customs Act. 
190. Civil IPR matters are dealt with by Resident Magistrates Courts (for damages claims not 
exceeding J$250,000), and the Supreme Court  (for larg er sums and injunctive relief).  Criminal acts 
of infringement of IPRs are dealt by the Resident  Magistrate Courts, and the Supreme Court.  A 
decision that is unsatisfactory to either party can be  appealed in the Court of Appeal.  According to 
the authorities, the IPRs most often subject to Court action are copyright and trade marks. 
                                                      
102 WTO document IP/N/6/JAM/1, 8 October 2001. 
103 Daley (undated). Jamaica WT/TPR/S/139/Rev.1 
 Page 87 
 
 
191. 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:  order for detention, preservation, or inspection of the prope rty;  order for sale for perishable articles;  and 
injunction against continuan ce or repetition of wrong. 
192. The penalties for copyright and related rights, and trade marks infringement vary depending 
on the nature of the infringement.  The legislation provides for fine (variable amounts) and/or for maximum five years of imprisonment.  The Pate nt 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 Court also has the power to revoke a patent.  Under the Designs Act, 
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. 
193. In 1998, the Government launched an anti-piracy  campaign, initially partially financed by 
WIPO.  The campaign is ongoing, but due to the scarc ity of financial resources, the activities have 
been more focused.   JIPO, through its Copyright and Related Rights Directorate, has primarily been 
aiming at capacity building in the enforcement agencies such as the Po lice and the Courts.  In addition 
to ad hoc seminars, the Police Academy has agreed to  include an IP course in its training programme.  
JIPO has also been providing technical assistance to  the Courts in the handling of copyright cases.  
The authorities note that a national enforcement semina r for the Police, the Judi ciary, Prosecutors and 
Custom Officers is pl anned for October 2004.