WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO WT/TPR/M/218/Add.1 
6 August 2009 
 (09-3829) 
Trade Policy Review Body 
8 and 10 July 2009 Original: English/Spanish 
 anglais/espagnol  inglés/español 
 
 
TRADE POLICY REVIEW 
GUYANA 
Record of Meeting
 
Addendum  
Chairperson:  H.E. Mr. Mario Matus (Chile) 
 This document contains the replies provided by Guyana.1 
__________________________________________________________________________________ 
Organe d'examen des politiques commerciales 
8 et 10 juillet 2009 
 
EXAMEN DES POLITIQUES COMMERCIALES 
GUYANA 
Compte rendu de la réunion  
Addendum  
Président:  S.E. M. Mario Matus (Chile) 
 
 Le présent document contient les réponses fournies par le Guyana.1 
__________________________________________________________________________________ 
Órgano de Examen de las Políticas Comerciales 
8 y 10 de julio de 2009  
EXAMEN DE LAS POLÍTICAS COMERCIALES 
GUYANA 
Acta de la reunión
 
Addendum  
Presidente:  Excmo. Sr. Mario Matus (Chile) 
 
 En el presente documento figuran las respuestas facilitadas por Guyana.1 
                                                      
1 In English and Spanish only./En anglais et espagnol seulement./En inglés y en español solamente.   
    WT/TPR/M/218/Add.1 
 Page 3 
 
 
 QUESTIONS FROM THE UNITED STATES 
 
 
II.  TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES 
(1) Overview 
 
Page 12, paragraph 2 :  The Secretariat notes, “In 2004, Guyana enacted an Investment Act to 
encourage foreign investment and to provide for mo re transparency and legal predictability in its 
regime…”  In addition to national treatment excep tions in mining, “…the Minister of Finance may 
exclude sectors from investment subject to an affi rmative resolution of the National Assembly.”  
Please explain the criteria used to evaluate sectors for exclusion.  Have any sectors been excluded 
under this authority?  What additional measures ha s Guyana implemented to ensure a more legally 
predictable framework?  How does the law or regula tions protect investments prior to a decision to 
exclude sectors?   ANSWER  
Since the enactment of the Investment Act in March 2004 no sectors have been excluded under this 
authority and the provision is expected to be used  only in exceptional national interest circumstances. 
 The law already provides for a transparent and pred ictable investment regime.  The involvement of 
the National Assembly in any decision to exclude sectors strengthens this fact.  Any decision to 
exclude a sector will not prejudice existing investments in that sector. 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE (1)  Measures Directly Affecting Imports 
 Page 23, paragraph 7:
  When does Guyana expect to submit its legislation on customs valuation and 
its responses to the Checklist of Issues to  the WTO Committee on Customs Valuation? 
 
ANSWER  
Guyana will submit the legislation shortly and we  expect to respond to the checklist in 2010. 
 
Page 24, paragraph 8
:  Please explain how the government has implemented Article 13 of the 
Customs Valuation Agreement, providing importers with the right to withdraw goods from customs 
when a final customs determination is delayed, so long as the importers provide a sufficient guarantee. 
 
ANSWER 
 
As a part of the dispute settlement mechanism, if the importer does not agree with the decision of the Commissioner, his rights are defined in section 20 of the Customs Act Chapter 82:01 which States 
that:  
 
“ (1) If any dispute shall arise as to the proper rate or amount of duty payable on any goods 
imported into or exported from Gu yana, the importer, consignee or exporter as the case may be, or 
his agent shall deposit with the Comptroller the du ty demanded by him and the amount so deposited 
shall be deemed and  taken to be the proper duty unless the depositor shall within three months 
after such deposit, appeal to the Customs Tari ff Tribunal established under Section 21 as to the 
rate or amount of duty… (3) On the payment by the depositor, of the depos it required by sub section (1), and on the passing 
of the proper entry or shipping bill for the goods , the Comptroller shall permit the delivery or, 
shipment thereof, as the case may be. 
 WT/TPR/M/218/Add.1 
Page 4  
 
 Page 24, paragraph 10
:  Do importers have the right to appeal to a judicial authority after they 
appeal to the Customs Tariff Tribunal?  
ANSWER 
 Yes, this is provided for in Section 20(1) of the Customs Act which states:  “…If the depositor or the 
Comptroller is dissatisfied with the decision of the Tribunal he may within one month after such 
decision, appeal therefrom to the full Court of the High Court to ascertain the rate or amount of 
duty payable on the goods.  If no such proceedings shall be so instituted the decision of the Tribunal shall be final and conclusive.” 
 
Page 24, paragraph 11
:  Could Guyana please elaborate on how its risk profiling system is used to 
identify fraudulent invoices?   (iv) Tariffs 
(a)  Tariff Bindings 
 
ANSWER 
 
Specific commodities or circumstances which have b een the subject of high or discovered incidences 
of fraud are included in the set of Risk profiling criteria applied to transactions processed by the 
TRIPS automated system.  These criteria are consta ntly updated based on the findings over a specific 
period.  The profiling systems stands on 3 main p illars, these include:  High, Medium and Low Risk 
levels. On this scale, a greater degree of scr utiny is placed on Invoices which are profiled as "High 
Risk".  Once the systems flags certa in entries then there is an inv estigation to determine authenticity. 
 
Page 25, Paragraph 14
:  The Secretariat notes that there are 16 lines where applied rates are higher 
than bound rates.  How does the Government plan to  correct this discrepancy in light of its WTO 
commitments?  When does Guyana expect to re duce the tariff on these lines to within the bound 
rates? 
 
ANSWER 
 The Government will seek to correct these differences in FY 2010. 
 
Page 28, paragraph 19 and Table III.4:
  According to the Secretariat, Guyanese authorities have 
noted that the applied tariffs on arms and am munition exceed the bound rates for national security 
reasons.  Has the government cons idered other means for controlling imports of these items, such as 
import licensing which the WTO Agreement on Import Licensing Procedures says should be simple, 
transparent and predictable?  
ANSWER 
 
Import licensing arrangements are in place for arms a nd ammunition.  Any such importation is strictly 
controlled by the public authorities.  The Governme nt will seek to correct the tariff discrepancy in 
2010.  
 
(v) Other charges affecting imports (a) VAT 
 
Page 29, paragraph 25
:  According to the Secretariat, Guyana undertook a major reform of its 
taxation system, replacing six taxes with a 16 percent value-added tax.  We note that the value added 
tax (VAT) is either zero or exempted on certa in domestic products, including textile products. 
  WT/TPR/M/218/Add.1 
 Page 5 
 
 
 ANSWER 
 
Page 29, paragraph 25 :  According to the Secretariat, Guyana undertook a major reform of its 
taxation system, replacing six taxes with a 16 percent value-added tax.  We note that the value added 
tax (VAT) is either zero or exempted on certa in domestic products, incl uding textile products. 
However, the VAT is applied to like imported pr oducts.  This appears to provide the domestic 
industry a significant cost advantage since the VAT ra te is 16% of the c.i.f. customs value plus the 
sum of import duties and any other taxes and charges. Furthermore, the tax exemption is listed as a specific tax incentive for the production and expor t of manufactured goods in Table IV.5--Fiscal 
incentives to manufacturing industries, 2009.  In lig ht of Guyana’s WTO commitments, could Guyana 
please clarify how these taxes are applied? 
 
ANSWER 
 
Certain exemptions for some locally produced ite ms existed under the previous consumption tax. 
VAT replaced the consumption tax in 2007, and so me of these exemptions still remain.  This matter 
will be reviewed by the government in li ght of its obligations under the GATT.  
 It should be noted that such exemptions apply on ly for a small number of items, and the volume of 
local production is generally very low for these products. 
 
(b) Excise tax 
 
Page 29, paragraphs 27 and 28
:  The Secretariat advises that Guya na also introduced excise taxes on 
1 January 2007 but it is unclear how widely they are applied.  “Excise tax on domestically produced 
goods is levied on the value of the goods (deducting the VAT).  It is levied on the c.i.f. value of 
imports plus any other taxes and fees (other than  the VAT).  Excise taxes may be waived by the 
Commissioner-General of the GRA if items imported are for temporary use; in such circumstances, 
goods must be exported within three months and a deposit left with the Commissioner-General.  
Excise taxes are not levied on exported goods.”  Please clarify how widely the excise tax is applied.  
Is the list publicly available?  Where can one find  the list and how often is  it updated?  Please explain 
how these taxes are administered in the contex t of the WTO Agreements and their objectives. 
 
ANSWER 
 
Excise Tax is applied as an internal tax on four  specific categories of goods viz Motor Vehicles; 
Petroleum products; Alcoholic beve rages; and Tobacco products.  
 
In relation to these headings, the tax is only levi ed on those Classification in the Schedule to the 
Excise Tax Act #11 0f 2005 where the rates are also stated.  The list is publicly available on the Guyana Re venue Authority’s  Website:  http://www.revenuegy. 
org/GRADocs/excise_tax_act_part1.pdf.  Th is Schedule has been amended once. 
 
The tax is levied on these items when they are cons umed locally whether or not they are imported or 
manufactured locally . In the case of the imported goods, the ch argeable value on which the rate on the 
Schedule is applied includes the duty.  
(c) Environmental tax 
 Page 30, paragraph 29
:  Guyana continues to levy an envir onmental tax on non-returnable beverage 
containers, which it applies to imports only.  In  light of its WTO obligations, how does Guyana 
explain this levy? 
 WT/TPR/M/218/Add.1 
Page 6  
 
 ANSWER 
 
Every importer of beverages in containers can claim fo r a refund of this tax if they can collect and re-
export their containers. At least one importer has be en utilizing this facility.  The environmental tax is 
currently under review. 
 
(vi) Import prohibitions, restrictions, and licensing (a) Import prohibitions and restrictions  Page 31, Table III.6
:  The list of import prohibitions in Ta ble III.6 includes “Goods the importation 
of which is prohibited by any other Law of Guya na.”  What exactly are these additional products?  
Why are these omitted from Table III.6?  
ANSWER 
 No additional list of import prohibitions exists, hence the not applicable  “reason for restriction”.  The 
particular statement could be removed from the Table III.6.  (b) Import licensing  Page 32, paragraph 33
:  In its last review, Guyana indicated that its licensing system was under 
review and that it expected to be able to eliminate certain requirements.  What is the status of this 
review?  The Secretariat report states that Guyana requires import licensing for a large number of products.  
What has Guyana done to ensure that the im port license requirements are the most appropriate 
measures to meet its objectives? 
 
ANSWER 
 
Since the last review Guyana did revisit the list of items under import license.  The compelling reasons for the import licensing requirements have re mained the same.  Guyana with the elimination 
of the special PL480 wheat has since allowed the importation of flour.  Agreements have been 
established with the Pesticide Board allows that ag ency to issue the import licenses, cutting out a layer 
of red tape, while a stricter system to monitor th e exporting of diamonds have been put in place since 
Guyana acceded to the Kimberly Process.  
The licensing system remains under constant review a nd is currently part of a comprehensive review 
of the customs and trade facilitation measures, both in terms of the procedures and list of products, 
under the public-private National Competitiveness Strategy. 
 
(viii) Technical regulations and standards 
 
Page 34, Paragraph 42
:  When does Guyana plan to  notify its enquiry point? 
 
ANSWER 
 
The Guyana National Bureau of Standards operates the Enquiry Point.  All outstanding notifications 
are expected to be completed during 2010.  
 
(ix) Sanitary and phytosanitary measures 
 
Page 37, Paragraph 58 :  The Secretariat notes that import of animals, animal products, and animal 
parts may only occur from prescribed countries.  It would benefit Guyana and its trading partners to  WT/TPR/M/218/Add.1 
 Page 7 
 
 
 have a transparent and public list of these countries.   Also, how does a country become approved to be 
on the list?  
ANSWER 
 The Act related to this matter is outdated and is  currently being reviewed  under the Agricultural 
Export Diversification Programme.  The present policy in the granting of permits for the importation of animals or animal products from any country is guided by WTO and OIE Standards as it relates to trade in animal and animal products. 
This determination is made by the Competent Au thority, Animal Health Division, Ministry of 
Agriculture.  (vi) Intellectual property rights (a) Overview 
 
Page 52, paragraph 136
:  According to the Secretariat's Report, Guyana introduced a new Law on on 
Geographical Indications in 2005.  Could Guyana cl arify whether, under this law, the prior rights 
associated with a trademark would be grounds for refusing protection during examination, opposition or cancellation of a confusingly similar a nd later in time geographical indication? 
 ANSWER 
 
(a) The answer to this question is yes. Section 6 of the Trade Marks Act Cap 90:01, states that the 
registration by a person of a trade mark in respect of any goods gives that person the exclusive rights 
to the use of the trade mark in relation to those goods. 
 
A confusingly similar later trade mark  will not be granted registration. 
 (b) Legislation and selected issues  Page 54, Table III.13:
  According to the Secretariat’s table the term of a patent is  said to be 16 years 
from the date on which a complete specification has been  filed, and that five year extensions “may be 
granted”.  Are the extensions granted upon request, or  are there specific requirements that a patentee 
must fulfill before an extension is granted?  Also, patents are said to be available for all categories of 
products.  Could Guyana confirm whether patent s are also available for process inventions? 
 
(b) In order to have an extension, a person h as to apply to the High Court under section 22 of the 
Patent and Designs Act, Cap 90: 03 and the Court may grant an extension for five years and in 
exceptional cases, ten years. 
 
Page 55, paragraphs 139 and 145 :  The Secretariat's Report notes th at Guyana is currently preparing 
a Copyright Bill.  Could Guyana please provide further information about the status of this  proposed 
legislation? 
 
ANSWER  
The Copyright Bill is in an advanced stage of prepar ation.  It is part of a comprehensive review of 
Guyana’s intellectual property legislation which is  aimed at updating and modernizing the legislation 
as a whole. 
 WT/TPR/M/218/Add.1 
Page 8  
 
 Enforcement 
 
In the 2003 Trade Policy Review (WT/TPR/S/122, p. 59)
, the Secretariat’s report noted that 
Guyana was seeking to improve its intellectual prope rty enforcement framework through a review of 
the current legal framework.  This report also noted  (page 62) that there "is currently no legislation 
authorizing judges to issue cease-and-desist orders  in case of infringement of intellectual property 
rights, nor to order the payment of the right-holder's expenses by the infringer nor to indemnify a defendant in the event of abuse by the plaintiff.”  What is the status of this review of Guyana's 
intellectual property enforcement framework?  Please also  describe what plans, if any, Guyana has in 
place to revise its intellectual property enforcemen t framework to address the issues noted in the 
Secretariat’s report  
 
ANSWER  
The new legislation will fully address the question of enforcement of inte llectual property rights.  
 
IV. TRADE POLICIES BY SECTOR 
(5) Services 
(ii) Financial services (b) Regulatory framework  Insurance 
 
Page 75, Paragraph 98:
  What criteria does OCI use to determ ine whether it is in the interest of 
policy-holders or prospective policy-holders to  prohibit registered companies from writing new 
policies? 
 
ANSWER 
 
The specific actions of the Commissioner of Insura nce are guided by the provisions of “Part XII – 
Intervention, Judicial Management and Winding Up” of the Insurance Act (1998) of Guyana.  The Act can be viewed at www.insurance.gov.gy. 
 
(iii) Telecommunications  Page 75, paragraph 104:
  The Secretariat report notes that  Guyana Telephone and Telegraph 
(GT&T) has the exclusive license to carry internatio nal traffic.  Additionally, the Secretariat report 
notes that there is contention regarding the paramete rs of the GT&T current license and it is unclear 
whether the license is limited in terms of service.   GT&T’s license expires in 2010.  Does Guyana 
intend to pursue enhanced competition in the tel ecommunications sector by granting multiple licenses 
for international traffic?  What is the status of the recent High Court challenge by Digicel to GT&T’s 
exclusive license?  How will this challenge impact the negotiations over license renewal? 
 ANSWER  
Guyana does intend to pursue e nhanced competition in the telecommunications sector by granting 
multiple licenses for international traffic.  For this purpose, the Government in  Guyana is engaged in 
preparing appropriate laws and regulations to permit and foster an open, competitive sector.  
Negotiations with GT&T concerning their claim to monopoly in respect of international services is 
also ongoing.  GT&T has requested of the High Court time to apply to be joined in the matter as a Third Party.  This 
application is expected to be considered at the next date for hearing i.e July 20, 2009.  
  WT/TPR/M/218/Add.1 
 Page 9 
 
 
 At this time, negotiations are expected to continue. 
 (vi) Professional services (a) Legal services:  
Page 82, paragraphs 139-140
:  Does Guyana allow foreign lawyers to practice as foreign legal 
consultants?  If so, are the requirements di fferent from those for a full legal license? 
 
ANSWER 
 
Guyana does allow foreign lawyers to do work as le gal consultants.  There is no requirement for a 
licence to do consultancy work. 
 
QUESTIONS FROM CANADA 
 
Report by the Government (WT/TPR/G/218)  
Part III. Trade Policy Developments:  i) Preferential Market Access and Free Trade Agreements: paragraph 27, page 8: 
 
In its report, Guyana notes that “[t]ariff-barrier s for trade in goods within CARICOM have been 
widely abolished.”  
 
1. Guyana confirm whether it continues to le vy tariffs on imports originating from CARICOM 
countries and if so, for which goods? 
 
ANSWER 
 No import duty is levied on goods of CARICOM origin. 
 
Part III. Trade Policy Developments: (iii) Preferential Market Access and Free Trade 
Agreements; paragraph 33, page 9:   
The Government Report cites that "[a] further e xpansion of trade relations through new or improved 
trade agreements is foreseen over the next few years."  2. Could Guyana please elaborate on what new and/or improved trade agreements it is planning to negotiate over the next few years?  ANSWER  
As a member of CARICOM, Guyana is committed  to enhancing its market access opportunities, 
firstly, with the countries with which bilateral tr ade agreements already exist and where CARICOM 
has such agreements.  Secondly, with trading part ners with which Guyana has historical trade and 
economic ties, such as Canada.  Thirdly, as a ma inland country in South America, Guyana will 
continue to pursue trade strategies and physical in tegration projects that would enable it to expand 
trade and economic cooperation with  its South American neighbours.  
 
Report by the Secretariat (WT/TPR/S/218)  
 Part I. Economic Environment (5) Balance of Payments:  paragraphs 28 and 29, page 8: 
 
The report by the Secretariat says that “[d]esp ite the higher international prices of the main 
commodities exported by Guyana, imports grew at a f aster pace than exports; as a result, the current 
account deficit worsened, reaching a peak of 28% of  GDP in 2007, and “[t]ransfers, particularly WT/TPR/M/218/Add.1 
Page 10  
 
 remittances by Guyanese workers abroad, grew sixfold between  2003 and June 2008 making an 
important positive contribution to the current account.”  3. Given the fact that global prices are not exp ected to rise in the coming year and many large 
countries may still find themselves in a recession, the tourism industry has decreased in demand, and 
remittances to Guyana could decrease due to recess ion in traditionally strong economies, how does 
Guyana plan to remedy its current account  deficits and public external debt? 
 
ANSWER 
 
The Government of Guyana continues to focus on th e diversification of the economy in order to make 
it more resilient and competitive through initiatives such as the Agricultural Export Diversification 
Programme and the National Competitiveness Strategy to expand exports.  We are also looking at 
new areas such as the more recently Low Carbon Deve lopment Strategy.  The Government also seeks 
to reduce its import bill on fuel by exploring alternative energy sources.  
 Part II. Trade Policy Regime:  Framework and Ob jectives:  (1) Overview: paragraph 15, page 
12; and  Part II. Trade Policy Regime: Framework and Objectives:  (4) International Relations; 
(i) WTO:  paragraph 32, page 18: 
 
The Secretariat report notes that Guyana has a number of outstanding WTO notifications and is 
significantly challenged in being able to fully partic ipate at the WTO due to its non-resident status. 
 4. Could Guyana please identify what measures it is planning on implementing in order to 
overcome past challenges with compliance with WT O notification commitments, and achieve active 
participation in Doha Developm ent Agenda (DDA) negotiations? 
 
ANSWER 
 
The Trade Ministry has commenced work, in colla boration with relevant government agencies, to 
complete all outstanding notifications in 2010.  
On the matter of its active participation in the DDA, Guyana will continue to rely on the regional 
approach adopted by CARICOM in the various extern al trade negotiations.  Guyana is also actively 
engaged in negotiations through its embassy in Brussels.  
Part III. Trade Policies and Practices by Measure:  (1) Measures Directly Affecting Imports;  
(iv) Tariffs:  paragraph 15, page 25:  
According to the Secretariat’s report, Guyana  applies the Common External Tariff (CET) on non-
CARICOM imports, with exceptions found in List A and List C.  5. Apart from these exceptions, are there any additional goods where Guyana’s MFN applied 
rates differ from the CET? 
 
ANSWER  
No.  
Part III. Trade Policies and Practices by Measure:  (1) Measures Directly Affecting Imports;  
(iv) Tariffs;  (a) Tariff Bindings: paragraph 19, page 28: 
 
The Secretariat’s report references a number of ta riff lines on which Guyana levies duties above its 
WTO bound rates.   WT/TPR/M/218/Add.1 
 Page 11 
 
 
 6. Does Guyana plan to reduce these tariffs to conform to its WTO commitments?  If so, what 
are Guyana’s expected timelines?  
ANSWER 
 The Government will seek to correct these differences during FY 2010. 
 
Part III. Trade Policies and Practices by Measu re (1) Measures Directly Affecting Imports; 
(viii) Technical Regulations and Standards:  paragraph 42, page 34: 
 Canada notes that Guyana remains one of a fe w WTO Members who have not filed an Art.15.2 
notification.  This is a fundamental obliga tion of implementation of the TBT Agreement. 
 7. Does Guyana have plans to notify its measures to ensure the implementation and 
administration of the TBT Agreement, as stipulated in Article 15.2? 
 
8. Does Guyana have plans to notify its Enquiry Point?  
ANSWER 
 
The Guyana National Bureau of Standards operates the Enquiry Point.  All outstanding notifications 
are expected to be completed in FY 2010  
Part III. Trade Policies and Practices by Measu re (1) Measures Directly Affecting Imports; 
(viii) Technical Regulations and Standards:  paragraph 49, page 35: 
 
9. Does Guyana have a formal policy on the r ecognition of conformity assessment to national 
regulatory requirements carried out by foreign based conformity assessment bodies?   10. Do such bodies require accreditation? 
 
ANSWER 
 
9. No.  
10. Not at this time. 
 
Part III. Trade Policies and Practices by Measu re (1) Measures Directly Affecting Imports; 
(viii) Technical Regulations and Standards:  paragraph 50, page 35: 
 
The Secretariat Report states that “CARICOM Members may propose community standards and 
technical regulations.  These are drafted by special  committees within the CROSQ, and forwarded to 
the Council of the CROSQ for adoption . . . thereafter CARICOM governments may adopt the 
necessary legal and administrative arrangements to give effect to COTED decisions within their jurisdictions.” 
11. Can Guyana specify the instances where it h as adhered to COTED decisions by enacting the 
necessary arrangements to give effect to COTED decisions? 
 12. Does Guyana notify to the WTO regulations  adopted in the CARICOM community based on 
CROSQ standards?  WT/TPR/M/218/Add.1 
Page 12  
 
 ANSWER 
 
11. In 2002, Guyana enacted the standard “Rice – Specification, sampling, test and analysis”.  In 
November, 2002  Guyana enacted the standards “Specification,  for Safety matches" and “Specification 
for the labelling of commodities - Labelling of textiles".  
 
12. Guyana is seeking to notify su ch regulations in the future. 
 
Part III. Trade Policies and Practices by Measure (1) Measures Directly Affecting Imports; (ix) 
Sanitary and Phytosanitary Measures: paragraph 52, page 36: 
 
The Secretariat Report notes that Guyana has not notified any SPS measures to the WTO, and that 
“greater transparency in this area would benefit both Guyana and its trading partners”.   13. Does Guyana have a plan to im prove transparency of SPS measures? 
 
ANSWER 
 
All outstanding notifications are expected to be co mpleted in 2010, which will improve transparency 
of SPS measures.  Part III. Trade Policies and Practices by Measure: (1) Measures Directly Affecting Imports;  (ix) Sanitary and Phytosanitary Measures:  paragraph 58, page 37: 
 
The Secretariat Report states that "Under the Animals Movement and Disease Prevention Act animals, animal products, and animal parts ma y only be imported into Guyana from prescribed 
countries.   The Minister of Agriculture has the authority to change this list." 
 14. Could Guyana please provide this list, al ong with an explanation of how countries are 
selected to be on this list?  
ANSWER 
 
The Act related to this matter is outdated and is  currently being reviewed  under the Agricultural 
Export Diversification Programme.  The present policy in the granting of permits for the importation of animals or animal products from 
any country is guided by WTO and OIE Standards as it relates to trade in animal and animal products. 
This determination is made by the Competent Au thority, Animal Health Division, Ministry of 
Agriculture.  Attached are copies of regulations (copied from Laws  of Guyana) in relation to importation of animals 
and animal products into Guyana and the c ountries from which these imports can be made. 
 
Part III. Trade Policies and Practices by Measu re:  (3) Measures Affecting Production and 
Trade;  (v) Government Procur ement:  paragraph 118, page 48: 
The Secretariat notes that Guyana has adopted a ne w Procurement Act, which covers procurement "at 
the national, ministerial, government agency, and re gional levels, but not that of public corporations 
and other state bodies."  15. Could Guyana please provide information regarding the legislation that applies to 
procurement by public corporations and other state bodies? 
  WT/TPR/M/218/Add.1 
 Page 13 
 
 
 ANSWER 
 
Please see Section 24.1 of Procurement Act 2003 .  “Public Corporations and other bodies in which 
the controlling interest is vested in the State may,  subject to the approval of the National Board, 
conduct procurement according to their own rules or  regulations, except that to the extent that such 
rules and regulations conflict with this Act or th e Regulations, this Act and  the Regulations shall 
prevail”.  
Part III. Trade Policies and Practices by Meas ure: (3) Measures Affecting Production and 
Trade;  (v) Government Procur ement:  paragraph 119, page 48 : 
The Secretariat notes that  "Guyana is not a signatory to th e WTO Plurilateral Agreement on 
Government Procurement, it is not negotiating accessi on to this Agreement, nor is it an observer."  
16. Does Guyana have any intention of becomi ng an observer or acceding to the Plurilateral 
Agreement on Government Procurement?  
ANSWER 
 
No. 
 
Part IV. Trade Policies by Sector: (2) Mining: paragraph 44, page 64:  
 
Can Guyana please advise as to the types and am ounts of, as well as timelines associated with, 
infrastructural investments under consideration by Omai Bauxite Mining Inc. and the Bauxite 
Company of Guyana? 
 
ANSWER 
 
There are currently no insfrastructur al projects by these two companies. 
 
Part IV. Trade Policies by Sector:  (2) Mining: paragraph 45, page 64:  
 
Canada understands that  Section 5 of the  Guyana Gold Board Act  provides for the fixing of the price 
of gold.  
18. What criteria does the Board u se to institute a price change? 
 
ANSWER  
Purchase
:  The Guyana Gold Board purchases gold at the London Daily Fix (First and Second Fix) of 
the day.  The calculation of the price is as follows: 
(Quantity x Purity) x (Exchange Rate x Price) = Gross price. 
 Gross Price – (Royalties + Taxes) = Net Price.  
Quantity-Quantity of Gold to be  purchased in troy ounces. 
 Purity- Assayed or Profiled purity in percentage.  A density balance is used to determine approximate 
purity.  
Exchange Rate – The Average exchange rate of the six more active commercial banks less miners 
deduction.  WT/TPR/M/218/Add.1 
Page 14  
 
 Miner deduction – GYD4.25 as agreed by miners through their association (Guyana gold and 
Diamond Miners Association).  Price – is London Daily Fix for the current day.  
Royalties – 5% of Gross Price deducted and payable to Guyana Geology & Mines Commission. 
 Taxes – 2% withholding tax on non-corporate entities.  Sales
:  Sales done locally are calculated as follows: 
 
(Quantity x Purity x Exchange Rate x price) + Mark Up = Selling Price.  Quantity-Quantity of Gold to be sold in troy ounces. 
 
Exchange Rate – The Average exchange rate  of the six more active commercial banks. 
 Price – is London Daily Fix for the current day.  Mark Up – Quantity x Purity x Exchange Rate x Price.  Part IV. Trade Policies by Sector:  (2) Mining: paragraph 45, page 64:  
 
Canada understands that Section 9 of the  Guyana Gold Board Act  provides that a person may apply to 
the Board for authorisation to export gold and that the Board may allow this subject to conditions "as 
the Board may think fit to impose". 
 
19. What conditions, if any, has the Board im posed in the past and how have these been 
determined?  
ANSWER 
 
Regulations No. 4 of 1997 and No.10 of 1998 made  under the Guyana Gold Board Act (No. 12 of 
1981) lay out the expectations of the authorization refe rred to in Section 9 (1).  Attached are extracts 
of Regulations No. 4 of 1997 (Applicat ion) and Regulation No. 10 of 1998. 
 
Part IV. Trade Policies  by Sector;  (7) Services; (iii) Te lecommunications;  paragraph 108, 
page 77:  
 
The Secretariat Report notes that Guyana plans to introduce a new legislative, regulatory and 
licensing regime to fully liberalize the sector wh ich will include provisions on pricing, competitive 
safeguards, interconnection and universal services.   
20. Could Guyana provide Canada  with an update on the progress of this new legislative regime? 
 
ANSWER 
 
Drafting of the new legislation and regulations is  ongoing.  Significant work has been done on the 
new principal legislation and work has recently commenced on the regulations concerning licensing, 
pricing, interconnection and access and universal service/access.   WT/TPR/M/218/Add.1 
 Page 15 
 
 
 Part IV. Trade Policies by Sector:  (5) Services;   (vi) Professional Services:  paragraph 135, 
page 82:  
The Secretariat Report notes that in order for fore ign lawyers to practice in Guyana, reciprocal 
treatment of Guyanese lawyers by the country with a lawyer wishing to practice is required. 
 
21. How is this reciprocal treatment typically reached? Is reciprocal treatment codified in a 
formal document?  
ANSWER 
 
Reciprocal treatment is provided for in section 4A and 4B of the Lega l Practitioners Act, Cap 
4:01.These sections deal generally with the question of reciprocity of treatment to both Guyanese lawyers and foreign lawyers. Broadly speaking if a Guyanese lawyer is allowed to practise in a 
foreign country then a qualified lawyer of a foreign country is allowed to practise law in Guyana. An 
order of the Minister is required for the operation of each of these sections. 
 
Part IV. Trade Policies by Sector:  (5) Services;   (vi) Professional Services:  paragraph 137, 
page 82: 
 
As noted in the Secretariat Report, efforts are be ing made by the CARICOM Secretariat to develop a 
Professionals Bill to harmonize qualification, licensi ng, and regulatory requirements for a number of 
professions.  22. Will this Bill replace the ex isting regulations, or will it supp lement the existing regulatory 
practices in Guyana? 
 
ANSWER 
 
The CARICOM Secretariat is developing or drafting model legislations to harmonize the 
arrangements for and practices of professional servi ce providers in the CARICOM Single Market & 
Economy (CSME) and facilitate early implementation by member states. 
 
There will be a separate Professional Services Bill fo r each individual professional service sector and 
not a general bill to cover all these sectors.  For t hose services sectors where legislations are in place, 
the Bill will update or replace those legislations, wh ile in sectors where there are no legislation, the 
Bill will become the governing legislation. 
 
Part IV. Trade Policies by Sector: (5) Services ; (vi) Professional Services: paragraph 139, 
page 82: 
 
As specified, to practise law in Guyana it is necessar y for the professional to be a national of Guyana, 
obtain special authorization, or hold a Legal Edu cation Certificate.  Additionally, foreign lawyers 
wishing to practice must submit a petition to the Mini ster of Legal Affairs, and reciprocal access to 
the foreign market for Guyanese lawyers is required.   Finally, if a person is refused admission to 
practice law in Guyana they are entitled to app eal this decision with the Court of Appeal.  
 23. Under what conditions is special authoriza tion granted?  Is there a process in place to 
determine whether a foreign degree is equi valent to a Legal Education Certificate? 
 24 How does Guyana work with member c ountries to secure market access for Guyanese 
nationals?  Does Guyana work with the country with a lawyer wishing to practice to establish a formal 
mechanism, such as an agreemen t, to arrange for this access? 
 WT/TPR/M/218/Add.1 
Page 16  
 
 25. Under what conditions or circumstances will the Court of Appeal consider an appeal 
submitted by a lawyer who has been denied the right to practice?  
ANSWER 
 
See also answer for question 21
 
 23. Foreign lawyers wishing to practise in Guyana  have to apply to the High Court for admission 
to practise law in Guyana.  
24. There is no special authorisation granted by  anyone for a foreign lawyer to practise in 
Guyana.  He/she has to apply to the High Court.  25. We cannot anticipate under what conditions or circumstances the Court of Appeal will consider an appeal by a lawyer who has been denied the right to practise. 
 
Part IV. Trade Policies by Sector: (5) Services;  (vi) Professional Services:  paragraph 140, 
pages 82 to 83: 
 
As noted in the Secretariat Report, non-Commonw ealth nationals are required to have their 
qualifications reviewed by the Council of Legal E ducation to determine the amount of retraining they 
are required to undergo. In many cases, these indi viduals are required to undergo total training. 
 26. Under what conditions is this retraini ng for non-Commonwealth nationals considered 
unnecessary?  ANSWER  
This is solely in the purview of the Caricom Council of Legal Education  
 
Part IV. Trade Policies by Sector:  (5) Services;   (vi) Professional Services:  paragraph 145, 
page 83: 
 
The Secretariat Report stipulates that engineering and architectural professions are not regulated by law in Guyana, and that the Association of Professi onal Engineers of Guyana and the Guyana Institute 
of Architects do not have the authority to regulat e the provision of services by professionals.  The 
report notes however that the two professional bodies mentioned above set crite ria for membership in 
their respective bodies. 
 27. Is membership in these two bodies required for e ngineers and architects to practice?  If so, are 
the criteria outlined in the report mandatory or voluntary? 
 
ANSWER 
 Membership of either of these bodies is not a requirement to practice engineering or architecture, 
respectively, in Guyana.  The Guyana Association of Professional Engineers and the Guyana Institute 
of Architects seek to maintain an updated record of  all qualified engineers and architects in Guyana.  
Membership is voluntary.  
QUESTIONS FROM INDIA 
 
Para 3 of the Secretariat Report states persistent  deficits in the merchandise trade balance and the 
current account of the balance of payments impli es the economy is highly dependent on transfers from 
abroad, which  WT/TPR/M/218/Add.1 
 Page 17 
 
 
 Question 1.  In view of the financial and eco nomic crisis and expected downward trend in 
transfers from abroad, we would appreciate to be informed of the plans of Guyana to address the emerging situation.  ANSWER 
 The GoG is closely monitoring the actual flows of transfers from abroad to determine appropriate 
policy interventions as may be required. At this time, no significant distortion has been observed in 
the level of transfers from abroad.  
In addition, several initiatives to achieve dive rsification and to increase competitiveness are 
underway.  Most notable is the area of agricultu re, the National Competitiveness Strategy and the 
recently launched Low Carbon Development Strategy.  Para 2 of the Government Report states - A significant share of the country’s exports depend on 
preferential market access.  The ongoing loss of valu e of such preferential access is a major concern, 
in particular for sugar which is th e country’s dominant export earner. 
Question 2.  What steps is the Government contemplating to address the situation?  
 
ANSWER 
 
The Government's approach towards the erosion of preferences is twofold: 
 First of all, the efficiency in those sectors affect ed by preference erosion is addressed through several 
initiatives.  The affected sectors ar e mainly the rice and sugar indust ry, but also the rum and garment 
industry.  Details on the modernization of the suga r industry are provided below (question 3).  Guyana 
is also researching and implementing better varieties of rice. 
 Secondly, the Government is addressing the overa ll competitiveness of the economy and is supporting 
export diversification through sev eral initiatives. Examples are: 
 
(1) Agricultural Export Diversification Programme  aims at promoting and consolidating agri-
businesses, supporting the implementation of agribusi ness plans, strengthening agribusiness export 
and facilitating services and the establishment of agri business clusters in the areas of fruits and 
vegetables, livestock and aquaculture. 
 
(2) National Competitiveness Strategy  will support the Guyana Offi ce for Investment (GOINVEST) 
which will receive significant resources to improv e its capacity for proactive image building, 
investment facilitation and investment generation.  The Government also seeks to reduce its import b ill on fuel by exploring alternative energy sources 
and an energy conservation programme.  
Para 6 of the Government mentions that in 2006 the sugar industry commenced a major 
modernization programme to cope with reduced pri ces in the EU market and increased competition.   
Question 3.  Could the Government of Guyana provide some details of these modernisation and 
the results thereof?  
ANSWER 
 
The modernization programme of GuySuCo commen ced in 2006. Major achievements have been: 
 WT/TPR/M/218/Add.1 
Page 18  
 
 (1) Completion of the Skeldon factory a nd Commencement of Co-Generated Power Supply:   
The Skeldon factory was completed and taken over in  March 2009.  This factory has a capacity of 350 
tonnes cane/hour and will considerably increase the volume of sugar capable of being produced by the 
Corporation. Additionally, the factory has been s upplying power to the National Grid since December 
2007   
(2) Commencement of Semi Mechanical Harvesting:   The Corporation has since 2006 purchased 
59 mechanical loaders. This has allowed semi mechanical harvest ing from 2007 which has alleviated 
the shortages of labour experienced due to poor labour turnout.  
 
(3) Commencement of Fully Mechanical Harvesting :  Fully mechanical harvesting commenced at 
Skeldon estate with the use of 6 m echanical harvesters.  Fully mechanical harvesting is intended to 
improve the efficiency of harvesting, reduce cost s and reduce the time taken to transport canes from 
the field to the factory.  Fully mechanical harvesting will be rolled out to the other estates in the future.  (4) Investments in the Produc tion of Value Added Sugars:  
 
(a) Blairmont – Factory and Packaging facility continuously upgraded at Blairmont to increase 
capacity and improve sugar quality.   
 
(b) Construction of the Enmore Packaging Plant :  the Corporation in June 2009 signed a contract 
to commence construction of the plant.  This pl ant will have an initial capacity to produce 40,000 
tonnes of packaged direct consumption sugars.  The Corporation’s strategic plan focuses on increased 
value added sales with higher revenue generation per tonne than bulk and bagged sugars.  Sugar 
warehouse construction and packing machinery installa tion are to be completed by the end of 2010.  
Production and marketing of direct consumption sugars will commence in the first crop 2011.  
 
(5) Upgrade of factories: the Corporation is currently undertak ing an upgrade of the capacities of the 
factories to improve their ability to mill larger vol umes of cane.  This is in keeping with the 
Corporation’s strategy to move production to 40 0,000 tonnes by 2013 through expansion of cane 
lands, both estate and private farmers.  
(6) CDB funded Drainage and Irrigation pumps:   Installation of pumps at Albion, Rosehall, 
Skeldon, Uitvlugt and Ogle to improve dr ainage and irrigation across the industry. 
 Para 4 of the Secretariat Report points out th at Guyana still faces significant challenges in 
participating in the WTO, as a result of its non-reside nt status, and a number of notifications to the 
WTO are outstanding.  
Question 4.  Does Guyana plans to open a resident Mission?  What steps Guyana proposes to 
take to improve the record of its outstanding notifications?  
 
ANSWER  
On the matter of its active participation in the WTO,  Guyana has no plan to open a resident mission in 
Geneva in the foreseeable future unless the costs associated with such a venture can be adequately 
secured.  Guyana will continue to rely on the re gional approach adopted by CARICOM in the various 
external trade negotiations. 
 On the question of notifications, the Government has commenced work to complete all outstanding 
notifications during 2010. 
  WT/TPR/M/218/Add.1 
 Page 19 
 
 
 Para 7 of the Government Report mentions the introduction of a va lue-added tax (VAT) in 2007 was a 
major step towards a more modern tax system.  It helped to widen the tax base and resulted in higher 
revenues than initially expected.  Although a signifi cant fiscal deficit remains, there has been an 
overall downward trend. Since 2005, the fiscal defi cit fell from 13.7% of GDP to 7.9% in 2008. 
Question 5.  What specific measures is the Governme nt planning to take to further reduce fiscal 
deficit? 
 
ANSWER 
 
Examples for measures are: 
 Further improvements in revenue collection: Government is actively engaged in improving 
revenue administration at the Guyana Reve nue Authority with such initiatives as the 
introduction of a unique Tax Identification Number (TIN), a new computerised tax administration system and strengthening enforcement capabilities.  
 Prudent expenditure: In addition the Governme nt continues its strong prudent expenditure 
management. 
 Investment in productive infrastructure to improve economic performance 
Para 6 of the Secretariat Report states that Guyana considers foreign investment to be crucial to the 
development and diversification of its economy.  Accordingly, Guyana enacted an Investment Act in 
2004 to provide for more transparency and legal pr edictability in its investment regime.  This Act 
gives MFN and national treatment to investors in all sectors with the caveat that the Minister of 
Finance may exclude sectors from private investment subject to affirmative resolution of the National 
Assembly; however, this has not yet happened in practice. 
Question 6.  What is the time frame to implement the Law in practice? 
 
ANSWER 
 
The Law is in practice and is enforced since its en actment in 2004.  No sector  has been excluded from 
private investment. 
 
Para 11. of the Government Report informs that significant investments have been made during the 
review period in all major sectors.  
Question 7.  We would appreciate to receive year-wise and sector-wise breakup of the 
investments since its previous Review.  
ANSWER 
 
Hard copy provided. 
 
Para 26. and Para 36 of the Government Report adm its that there is still relatively little trade with 
Guyana’s neighbouring countries, with the exception of oil imports from Venezuela.  Further 
investments in physical infrastructure have to  be made to enable trade on a larger scale. 
 
Question 8.  Does the Government have any pl ans to promote such physical infrastructure, 
financial outlays, assistance requirements and timeframe to establish and operationalize it? 
 WT/TPR/M/218/Add.1 
Page 20  
 
 ANSWER 
 
The Government has already begun to promote and support such physical infrastructure as evident 
with the construction of a Multi-Purpose Complex, on  the Guyana side of the Guyana-Brazil border, 
with facilities to support customs and trade with Brazi l, especially in light of the recent completion of 
the Bridge over the Takatu River.  
 The Government maintains the Lethem to Linden ro ad and has recently conducted a feasibility study 
with the assistance of the IDB to improve the road network between the two c ountries.  In addition, 
the recent completion of the Berbice River Bridge and the scheduled upgrade of the Corentyne 
highway would lead to an improved road network that  would also enable trade on a larger scale with 
bordering sister CARICOM state, Suriname.  Guyana is also a very active participant in the IIRSA – the South American Infrastructure 
Development Agenda. This grouping is looking at  the longer term integrated infrastructure 
development within and among the countries of South America. 
 
Para 50 of the Government Report states that target ed support would be needed at the enterprise and 
producer levels to enhance export-production capabilities and competitiveness in commodities, 
manufactures and services sectors with a strong pote ntial, including through diversification into 
alternative exports, as well as to facilitate entry into new markets. 
Question 9.  We would appreciate to receive from the Government of Guyana policy paper it 
has prepared for seeking of its partners/international financial institutions.  ANSWER  
Guyana’s trade and investment efforts are being implemented through several policy initiatives such 
as the National Competitiveness Project, the Agricu ltural Export Diversification programme and the 
Rural Enterprise and Agricultural Development Progra mme in partnership with institutions such as 
the Inter American Development Bank and the Inte rnational Fund for Agricultural Development. 
 Para 23. of the Secretariat Report informs that a state-owned company has a monopoly on electricity 
transmission and distribution in Guyana, and is the la rgest power generator.  Electricity production in 
Guyana is costly and unreliable, a nd highly reliant on imported fuel. 
 
Question 10.  Does the Government have plans to introduce competition in these sectors to 
improve production and increase reliability? 
 ANSWER 
 
The government is open to looking at forms of co mpetition and privatization in the sector. One is 
reminded that since the last review Guyana privati zed the entire sector only to have the owners return 
the entity to the state. 
 Taking account of the average per capita GDP and th e distribution of earnings, considering the stage 
of development of the public utility and the hi storical relationship to domestic consumers, the 
Government sees great problems in a re-privatised  electric utility being profitable in a competitive 
regime. 
 Guyana has an MOU with a private company to de velop hydropower for supply to the national grid. 
 There is some element of competition present in that  every person (natural and corporate) has a right 
in Guyana to self-generate electricity and there ha ve been questions by some persons about getting  WT/TPR/M/218/Add.1 
 Page 21 
 
 
 into the business of offering the services for self-genera tion, not the supply of electricity.  There also 
exist several private suppliers of electricity in different parts of Guyana.  Para 57. of the Government report informs that Guyana has adopted a new competition law, which, 
once fully implemented, will help to raise th e level of competition and reduce anti-competitive 
practices. 
 
Question 11.  What is the timeline for implementing this law? 
 ANSWER 
 The new competition law calls for the establishmen t of a Competition Commission, to enforce the 
law. The Commissioners were appointed in 2007 .  This, along with the recently established 
CARICOM Competition Commission will provide for more competition in the economy and for the reduction of anti-competitive practices. 
 
Para 7 of the Secretariat Report mentions that Customs clearance still involves numerous steps and 
typically takes between five and seven days, which suggests that there is large scope for improving 
customs procedures.   
 
Question 12.  What specific steps Guyana proposes to take to address the situation to facilitate 
trade? 
 ANSWER  
In 2009, through a sub-group of Gu yana’s National Competitiveness Council, the Trade Transactions 
Public Private Dialogue Body, Guyana drafted an action plan which identified 83 wide-ranging areas 
of improvement within the import-export process. Of  these 52 relate specifically to the process to get 
through customs.  The body includes customs, brokers, shippers and importers/exports.  License 
bodies are also represented.  The Government is  currently finalizing the action plan for early 
implementation.  The actions are focused on cutting  down procedure times and costs.  The actions 
include items such as electronic submission and processing, broker licensing, customs training and 
risk profiling. 
 In addition, the GRA is undergoing extensive reforms which will shorten the business process at 
customs.  The Millennium Challenge Account is restructuring the GRA on functional lines and also 
implementing an electronic system - TRIPS.  The MCA is also helping to implement the risk profiling 
system and implement a post-clearance audit control system. 
 The targeted outcome of the implementation of the Action Plan is to reduce the time taken to “getting through customs” from the reported 5-7 days to one working day.  
QUESTIONS FROM JAPAN 
 
The Secretariat Report (WT/TPR/S/218) IV. TRADE POLICIES AND PRACTICES BY SECTOR (7) SERVICES 
(i) Main features  
Japan recognizes that Guyana left the Mode 4 of  market access of horizontal commitments in 
Guyana's Schedule of Specific Commitments ‘Unbound,  except with respect to measures relating to 
senior management personnel and techni cal experts not available in the local labour market’.  In this 
regard, Japan would like Guyana
 to explain the specific cases of ‘measures relating to senior WT/TPR/M/218/Add.1 
Page 22  
 
 management personnel and technical experts not available in the local labour market’ and the reason 
for this commitment.  
 
ANSWER  
This means that Guyana is making no commitment  in all services areas, except in cases where 
management personnel and technical experts are not available in the domestic market.  This provides 
for cases where inward investment in certain sector s requires specialized management and technical 
experts, but these are not available in Guyana.  This  clause provides for the provision of these services 
by non-Guyanese nationals.  With respect to other lower level employees, the Government of Guyana 
reserves the right to place restrictions on the num ber of non-Guyana nationals  hired and employed, as 
it sees necessary.  The reason for this commitment is not to prevent in ward foreign investment in services, but to provide 
employment for Guyanese and also to facilitate a tr ansfer of scarce or unavailable management and 
technical skills to Guyanese. 
 
(iii) Telecommunications and postal services 
(a) Telecommunications services 
Question 2:  page 76 ・77, paragraph 101 ･108) 
Question 3: page 76, paragraph 108) 
 According to the Secretariat’s Report, ‘the Governme nt is drafting a new legislative, regulatory, and 
licensing regime, which includes provisions, inter alia,  on pricing, competitive safeguards, 
interconnection, and universal services’.  
Please explain the outline of each provision listed and th e extent of the conformity to the ‘Reference 
Paper’ for the basic telecommunications services.  
 
The Secretariat’s Report states ‘the Government is taking steps to issue new legislation by mid 2009’. 
Japan would like Guyana to provide update for the new legislation.  Please provide information on 
process completed so far and schedule hereafter fo r the new legislation a nd its implementation.  
 
ANSWER  
Drafting of the new legislation and regulations is  ongoing.  Significant work has been done on the 
new principal legislation and work has recently commenced on the regulations concerning licensing, 
pricing, interconnection and access and universal service/access.  Given the need to ensure that an appropriate, co mprehensive legislative and regulatory package is 
prepared, the task of preparation thereof is now expected in 2010. 
 The general objective of the new law and regulations is to ensure the fostering and development of an 
open, fully competitive telecommunications sector.  The new law and regulations will conform to the 
WTO Reference Paper for basic telecommunications services.  
As the regulations are now being crafted,  sufficient detail is not yet available.  
  WT/TPR/M/218/Add.1 
 Page 23 
 
 
 (vi) Professional services 
(a) Legal services  
(Question 4: page 82, paragraph 140)  
Japan recognizes that it is speci fied that non-CARICOM Commonwealth  nationals are ‘required to 
have their qualifications reviewed by the Council of  Legal Education, and undergo a six-month period 
of training at one of the regional law schools’ a nd that ‘Non-Commonwealth nationals are required to 
have their qualifications reviewed by the Council of Legal Education to determine the amount of 
retraining they would be required to undergo:  generally total retr aining is required’ in Guyana's 
Schedule of Specific Commitments. 
 
Could Guyana provide information on who bears the cost of the traini ng and the retraining? 
 
ANSWER  
The cost of any training or re-training shall be bor ne by the person seeking the training or re-training. 
 
QUESTIONS FROM KOREA 
 
Question 1
: Secretariat Report, page 16, paragraph 22 
 According to the Secretariat report, in accordan ce with Article 142 of the Constitution of Guyana 
expropriation of property is only possible in the event authority is granted through “written law.” 
 (1) What is the definition of “writte n law?” Enacted by the legislature? 
 
(2) Does it refer to “written law” al ready in force, or also includes “written laws” to be newly enacted 
in the future?  (3) (follow-up to Q1-2) If  the latter case is possible, what assurances are provided to domestic and 
foreign investors concerning their investment(property)?  
The secretariat reports states that in the case of expr opriation, the level of compensation provided is 
“adequate compensation.”   (4) Could Guyana provide further information on what is considered to be “adequate?” 
(5) What method/criteria are used to determ ine the “adequate” level of compensation? 
 
(6) Is “adequate” equal to “fair market value?”  The secretariat reports states that in 200 4 the Investment Act was newly enacted. 
 
(7) Could Guyana provide a hard copy (or the UR L web-site) of the newly enacted 2004 Investment 
Act with its revisions and amendments?  (8)  Could Guyana provide an assessment on the effects of the new Investment Act?  Has it promoted new investments into Guyana? What do the figures say?  ANSWER  
(1) “Written Law” means the Constitution, other Ac ts of Parliament, Subsidiary legislation and 
applied laws. WT/TPR/M/218/Add.1 
Page 24  
 
 “Enacted by legislature” means a law that has been passed by Nati onal Assembly and assented to by 
the President.  
(2) “Written Law” means a law already in force but any law to be passed in the future would become 
a written law. 
(3) The assurances are provided by the government  based on the laws in force.  A sovereign nation 
should not change its laws at any time to jeopardi se its international relations in violation of an 
international agreement. 
4, 5 & 6 We do not use the word expropriation.  The term used is compulsory  acquisition.  Property 
is only acquired on prompt payment of adequate compensation and adequate compensation means the 
fair market value of the property. 
4, 5 & 6. The question of compensation is addressed in “Part II – Rights, Guarantees and Obligations 
of Investors” of the Investment Act.  
(7) It is available at www.moftic.gov.gy. 
 
(8) Provided as hardcopy.  Question 2
: Secretariat Report, page 16, paragraph 23  
(1) What is the definition of “domestic invest or” and “foreign investor” under the 2004 Investment 
Act?  
(2) What are the “rights” of foreign investors? 
 With respect to the exception to the NT principle for the mining sector,  
 (3) Could Guyana explain the definition of “small and medium sized operations?” 
 
(4) Would it be accurate if Korea understood the restriction (exception to NT) in the mining sector to be limited to “small and medium operations?” That is, if the mi ning operation is not “small and 
medium,” the NT principle will apply?  With respect to the authority vested  in the Minister of Finance to exclude investment in a particular 
sector, 
 (5) What would the case/circumstance be in which that authority is applied? 
 (6) Would this authority be  applicable to those sectors that Guya na has committed in the context of 
GATS and the EPA with the EU? Or would it be limited to sectors that Guyana does not have 
international(bilateral/multilateral) commitments?  (7) If at the time the Minister of Finance’s exclusion authority is enforced in a particular sector private 
investments have already been made, would the ex propriation legislation referred to in Q1 above 
apply? 
 
ANSWER 
 
(1) In the Investment Act, Section 2: "domestic investor" means: 
 
(i) a citizen of Guyana;  WT/TPR/M/218/Add.1 
 Page 25 
 
 
 (ii) a body corporate established in Guyana in conformity with the laws thereof and which is 
substantially owned and contro lled by citizens of Guyana; 
 (iii) a citizen of any other member State of th e Caribbean Community established under the Treaty of 
Chaguaramas on 4th July, 1973; "foreign investor" m eans an investor, not being a domestic investor 
 
(2) The rights of “foreign investors” are stated in “Part II – Rights, Guarantees and Obligations of Investors”.  The Act also states in Section 4 (2)  “There shall be no discrimination between foreign and Domestic investors nor among foreign investors from different countries”.  
(3) The Mining Act, of 1989 allows  for four (4) scales of operations: 
 (i) A small scale claim
 which has dimensions of 1500ft x 800ft wh ile a river claim consists of one (1) 
mile of navigable river.  
(ii) Medium Scale Prospecting and Mining Permits
 which cover between 150 and 1200 acres each. 
 (iii) Prospecting Licence
 for areas between 500 and 12, 800 acres  
 (iv) Permission for Geological and Geophysical Surveys
 for reconnaissance surveys over large 
acreages with the objective of applying for Pros pecting Licences over favourable ground selected on 
the basis of results obtained from the reconnaissance surveys. 
 (4) Yes.  However, even in Small and medium scal e property titles (1 & 2) which are reserved for 
Guyanese, foreigners have been entering into jo int venture arrangements whereby the two parties 
jointly develop the property. This is strictly by priv ate contract and is encouraged by the Government.  
Foreign companies may apply for Prospecting Licences and Permission for Geological and 
Geophysical Surveys (4).  (5) Since the enactment of the Investment Act in  March 2004 no sectors have been excluded under 
this authority and the provision is expected to  be used only in exceptional national interest 
circumstances. 
 
(6) The Minister will take into considerati on such commitments when making a decision.  
 (7)Yes. 
 
Question 3
: Secretariat Report, page 17, paragraph 27  
 
Paragraph 27 states that “the rights to minerals on all lands is reserved for the State, and there are 
restrictions on issuing permits to small & medi um-scale mining operations.”  In the conventional 
view, in light of the potential of the mining sector of Guyana the mining sector should be a sector in which Guyana works towards attracting greater fore ign investment. However, Guyana apparently is 
taking the reverse approach by limiting foreign investment. 
 (1) What is Guyana’s assessment on the views expressed above?  (2) Could Guyana elaborate on the plans/strategies it has formulated to develop the mining and 
agricultural sector? 
 (3) Which are some of the areas in which Guyana actively looks forward to FDI? 
 (4) (follow-up to Q3-3) What are some of the incentive schemes Guyana  will be able to provide for 
FDI in these areas of interest to Guyana? WT/TPR/M/218/Add.1 
Page 26  
 
 ANSWER 
 
(1), (2), and (3) The current policy of the government has not been a deterrent to foreign investment in 
the mining sector but is rather an incentive to do so in a sustainable and environmentally friendly 
manner. Foreign investment is supported and encour aged in all sectors and may include but is not 
limited to sectors such as agriculture, mining, forestry, tourism, information & communication 
technology, services (construction, medical, transportation) and light manufacturing. 
 (4) Incentives available to investors are covered unde r various legislations.  These include remission 
of duties and taxes on machinery and equipment, ta x holidays, low lease rates for land, accelerated 
depreciation and unlimited loss carry-forward. 
 
QUESTIONS FROM MEXICO 
 
See below for translation:
 
 
EXAMEN DE LAS POLÍTICAS COMERCIALES DE GUYANA 
PREGUNTAS DE MÉXICO 
PROPIEDAD INTELECTUAL 
Medidas de observancia  
1. ¿Cuáles son las sanciones civiles y penales por violación a los Derechos de Propiedad 
Intelectual? 
2. ¿Quién hace cumplir las resoluciones judici ales o administrativas en casos de propiedad 
intelectual? 
3. ¿Cuáles son las acciones que se lleva a cabo para promover la observancia de los Derechos de 
Propiedad Intelectual? 
 
4. ¿Cuál es el procedimiento que las autoridades a duaneras siguen para rete ner la mercancía en 
frontera? 
Indicaciones geográficas  
1. ¿Quién puede ser el titular de una indicación geográfica en Guyana? 
2. ¿Ante quién se presenta la solicitud de una indicación geográfica? 
3. ¿Existen indicaciones geográficas protegidas por Guyana y para que productos se aplican? 
4. ¿Cuál es la protección o reconocimiento que  se le otorga a una indicación geográfica 
extranjera? 
5. ¿Qué procedimientos existen para que las pa rtes interesadas o los propietarios de las 
indicaciones geográficas de terceros países, puedan impedir la mala utilización de éstas? 
Patentes  
1. ¿Podría explicar, cuáles son las circunstanci as excepcionales, por las que se extiende la 
protección de una patente hasta por 5 y 10 años? 
2. ¿Se han otorgado licencias obligatorias en materia de dibujos y modelos industriales o 
patentes, derivados de prácticas monopólicas o por motivos estatales en su país? 
Se permiten importaciones pa ralelas tanto para patentes como para marcas?  WT/TPR/M/218/Add.1 
 Page 27 
 
 
 Enforcement measures:  
 1. What are the civil and criminal penalties for violation of Intellectual Property Rights? 
 2. Who enforces judicial or administrative d ecisions in cases of intellectual property?  
 
3. What are the actions undertaken to promote the enforcement of Intellectual Property Rights?   4. Which procedures do the customs authorities undertake to retain goods at the border that are in violation of IPR law? 
 
ANSWER 
 
(1) The copyright Law of Guyana is the 1956 Copyright Act of the United Kingdom extending to 
Guyana as an applied law by the Copyright(British Guiana) Order 1966 ( No.79 of 1966) The liability 
for breach of copyright is provided for in Part III of the 1956 Act dealing with remedies for 
infringement of copyright, Under Section 17, infringeme nt of copyright shall be actionable at the suit 
of the owner of the copyright and in any action for infringement relief by way of damages, injunction, 
accounts or otherwise are available to the plaintiff.  As regards infringement of copyright amounting to a criminal offence under Section 21 of the Act, a 
person shall be liable on summary conviction to a fine or imprisonment. 
 (2) The state enforces administrativ e decisions in cases of intellectual property rights. If there is a 
criminal conviction the state enforces it.  
As regards decisions in civil cases, relating to in tellectual property, the plaintiff in whose favour a 
decision is given has recourse to the law to reap the fruits of the decision in his favour.  (3) The State frowns on a breach of copyri ght and exhorts adherence to the law. 
 (4) If the customs authorities are aware of any violati ons of intellectual property rights, they can take 
appropriate action, including seizure and detention pending any investigation or trial.  Further, 
Customs Officers receive training in detecting violations of the law. 
 
Geographical indications:
 
 
1. Who can be the proprietor of a geographical indication in Guyana? 
 2. Where does one apply for a geographical indication?  3. Are there GI’s protected by Guyana and for which products?  
4. What protection or recognition is gi ven to foreign geographical indications? 
 5. What procedures are in place for foreign stakehol ders or owners of GIs to prevent the misuse 
of these in Guyana?  ANSWER  
The Geographical Indications Act, 2005 and the Geographical Indications Regulations are the 
governing laws on this subject. WT/TPR/M/218/Add.1 
Page 28  
 
 (1) Any person or groups of persons carrying on activity as a producer in the geographical area 
specified in the application with respect to the goo ds specified in the application or consumers or 
groups of consumers can be proprietors  of geographical indications (s.10). 
(2) A person has to apply to the Registrar of Deeds for registration of a geographical indication (s.9). 
(3) Geographical Indications are protected under the Act in respect of goods for which geographical 
indications have been registered. Goods include na tural or agricultural products or any products of 
handicrafts or industry (ss.2,3). 
(4) The Registrar shall refuse registration of a tr ade mark which contains a geographical indication 
with respect to goods not originating in the territory  indicated, if the use of the indication in the trade 
mark for such goods in Guyana is of a nature to mislead the public (s.23) 
(5) There is protection for foreign stakeholders or  owners of geographical indications in that a 
geographical indication of another c ountry will not be registered in Gu yana by a person who is not the 
proprietor.  Patents
:  
 
1. Could you explain under which exceptional circum stances can patent protection be extended for up 
to 5 or 10 years?   2. Did Guyana use compulsory licensing for industrial designs or patents due to monopolistic practices or due to national interest?   
 
3. Are parallel imports allowed for patent -protected products and for trademarks? 
 
ANSWER  
 
PATENTS
 
 
The law on this subject is the Patent and Designs Act.  (1) The term of a patent is granted for a period of  sixteen years and may be extended by the Court for 
a further period of five years and in exceptional circ umstances for a period of ten years. (s.21 (5)).  
The extension is granted, for instance, where the patentee has been inadequately remunerated by his 
patent. (s.21)  (2) No.  
(3) A parallel import of an item imported that violates a patent or trade mark protected product or item 
would not be allowed.  
QUESTIONS FROM THE EUROPEAN COMMUNITIES 
 
II. TRADE POLICIES AND POLICY OBJECTIVES 
(4) International relations 
(ii) Regional and bilateral agreements  WTO Secretariat's Report, page 20, para.41  
The report indicates that the agreement between  CARICOM and Venezuela is planned to be 
expanded.   WT/TPR/M/218/Add.1 
 Page 29 
 
 
 1. Could Guyana explain the details of the tr ade preferences under the current agreement with 
Venezuela, and what elements and chapters of th e agreements are currently under discussion with a 
view to expanding them?   Furthermore, the report refers to initial consultati ons at the technical working group level to prepare 
an FTA between CARICOM and Canada. 
 2. Could Guyana provide information with respect  to the preparations for the launch of a free 
trade agreement with Canada?   
3. Could Guyana confirm whet her labour and social issues will be addressed in this FTA? 
 
ANSWER 
 
The fundamental objective of the CARICOM-Venezuela Agreement is  to strengthen the economic 
and trade relations between the Parties through incr eased trade and investments.  At the time of the 
implementation of the Agreement in 1993, only the CARICOM list of products benefited from 
preferential tariff treatment into Venezuela on an immediate and phased basis.   Venezuela has since 
asked CARICOM to consider reciprocal treatment to  Venezuelan exports.  This is under discussion by 
the two sides.  
 
2 & 3. With respect to the proposed negotiations with Canada, Guyana is unable to provide any 
information since the relevant issues are still under consideration by the appropriate bodies in 
CARICOM.  Comment to the WTO Secretariat
 
 
Paragraph 40 states that the EPA "replaces the pr eferential ACP-Cotonou Partnership Agreement". 
This statement is not correct. It should be clarifie d that that the EPA replaces the trade provisions of 
the ACP-Cotonou Agreement.   Furthermore, this paragraph refers to "the si gning ceremony involving all other CARICOM countries 
except Haiti." We would like to note that CARICOM should be changed to CA RIFORUM. Lastly, we 
would like to point out that the reference to the EPA should best read as an agreement between the EC 
and the CARIFORUM States.  
ANSWER 
 Agreed. 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) M
EASURES DIRECTLY AFFECTING IMPORTS  
(i) Procedures 
WTO Secretariat's Report, page 22, para.1 
 
The report notes that a certificate of origin is am ong the documents which "are always required when 
imports are presented at Customs".  
4. Could Guyana confirm that this is the case even  when no preferential tariff treatment is claimed for 
the imported good?  5. Could Guyana explain which conditions are to  be fulfilled by this certificate of origin? 
 
6. Could Guyana explain how origin is to be determined for these certificates? WT/TPR/M/218/Add.1 
Page 30  
 
 ANSWER 
 
A certificate of origin is only re quired in cases where claims for speci fic tariff treatment under a trade 
agreement to which Guyana is a party are made.  However, it is a requirement for declarants to 
specifically state the origin of goods on the C72 form [SAD]. Additionally, the Invoice for the goods 
is expected to include this information. 
 5. The Certificate informs the Customs Department  in the territory of each party to the trade 
agreement, whether or not the exported/imported goods qualify to be taxed at the rate set out in the 
agreement.  The origin requirement al so fulfils a statistical requirement. 
 
6. Under the terms set out in the particular tr ade agreement governing origin, authorized certifying 
authorities are required to verify if the goods to be certified meet the relevant origin criteria.  This 
approach includes the steps that are to be follo wed when dealing with items which are wholly 
produced or those made in part from items of extra-regional origin.  
 (ii) Customs valuation 
WTO Secretariat's Report, page 23, para.7  
It is mentioned that "[g]oods subject to investig ations are deposited in a state warehouse and may not 
be delivered to the importer until freight, landi ng, and storage charges have been paid". 
7. Could Guyana clarify if the charges here i ndicated refer to the coverage of a guarantee? 
 
ANSWER 
 
7. In cases of dispute concerning the value to be accepted, the Commissioner may require that the full 
taxes, based on the value appraised, be deposited before the release of the goods and the matter 
referred to the Tribunal which is the next step in the dispute settlement mechanism 
 
(iii) Rules of origin 
WTO Secretariat's Report, page 24, para.13  
It is further mentioned in the report that Guyana  does not apply non-preferential rules of origin. 
 
8. Could Guyana provide information about how orig in is to be determined for the purposes of this 
country of origin indication? 
 
ANSWER  
A certificate of origin is only re quired in cases where claims for speci fic tariff treatment under a trade 
agreement to which Guyana is a party are made.  However, it is a requirement for declarants to 
specifically state the origin of goods on the C72 form [SAD]. Additionally, the Invoice for the goods is expected to include this information.   Under the terms set out in the particular trade agreement governing origin, authorized certifying 
authorities are required to verify if the goods to be certified meet the relevant origin criteria.  This 
approach includes the steps that are to be follo wed when dealing with items which are wholly 
produced or those made in part from items of extra-regional origin.   WT/TPR/M/218/Add.1 
 Page 31 
 
 
 If there is no condition in an agreem ent between parties, the origin of goods is accepted based on ‘the 
terms of references included invoices presented to  support sworn declarations on the C72 [SAD]. 
Actual determination of origin of goods in these cases is done via physical examination of the goods. 
 
Import prohibitions, restrictions, and licensing 
WTO Secretariat's Report, page 30, para. 31 
 
It is stated that "goods without the required indicati ons (trade mark and country of origin)" are subject 
to import prohibitions.   
9. Could Guyana explain which the requirements for the indication of country of origin are? 
 
ANSWER 
 
When the Customs & Trade Administration is not sure of the origin of a particular good as traded items, the C&TA is require to seek verification for the Customs Department or certifying authority in 
the country which was declared as the country of Origin.  
(vii) Contingency measures 
WTO Secretariat's Report, page 33, para. 36-37 
The report notes that Guyana does not have domes tic legislation with respect to anti-dumping and 
countervailing measures or safeguards. It also refers to the on-going preparations of a first draft model 
Anti-Dumping Law at the CARICOM level. 
 
10. Could Guyana indicate whether it plans to develop domestic legislation with respect to these fields?  
ANSWER 
 
Guyana will continue to work at the CARICOM leve l in the development of model legislation for the 
region in the area of anti-dumping.  
(viii) Standards and conformity assessment 
WTO Secretariat's Report, page 34, para. 42  
 
Paragraph 42 notes that technical re gulations have been notified to the WTO by the GNBS.  However, 
we note that Guyana has neither notified to the WTO its measures to ensure the implementation and 
administration of the TBT Agreement nor its enquiry point.   
11. Could Guyana indicate the concrete steps undert aken during the period under review in order to 
ensure the implementation and administration of th e TBT Agreement?  In particular, could Guyana 
please indicate the timeline for establishing a fully functional enquiry point?  
ANSWER 
 The Guyana National Bureau of Standards operates the Enquiry Point.  All outstanding notifications 
are expected to be completed in 2010.  WT/TPR/M/218/Add.1 
Page 32  
 
 WTO Secretariat's Report, page 34, para. 44  
 
The report indicates that in March 2009, Guyana ha d 434 voluntary standards in place, up from 235 in 
2003.  
12. Could Guyana indicate what proportion of these standards is based on international standards? 
 
ANSWER 
 
Approximately 75% are based on international standards. 
 
WTO Secretariat's Report, page 35, para. 46  
The report states that cabinet approval is required for standards to be declared as compulsory and 
technical regulations are published in the Official Gazette . 
13. Could Guyana clarify the process for adopting technical regulations?  In particular, how much 
time is allowed between the publication of a measure a nd its entry into force, in order to ensure that 
economic operators have sufficient time to meet the compulsory requirements? 
 ANSWER 
 
The process for a standard to become compulso ry provides for considerable involvement of 
stakeholders long before the standard goes to  Cabinet. A technical committee comprising 
manufacturers, importers and other stakeholders  is established. This committee does intensive 
consultations. When agreement is reached the standa rd is made voluntary and a process of educating 
stakeholders begins. It can take between 1 to 3 y ears before a voluntary national standard can reach 
Cabinet as for approval as a compulsory one.  On average it could take between 6 months to 2 years depending on the impact on public health and 
safety, plant health, animal health, environmental protection and trade.  
 
Noting the length of the entire process from voluntary to  mandatory standards, there is sufficient time 
available to allow operators to comply.  
WTO Secretariat's Report, page 35, para. 47  
The Secretariat's report notes that Guyana has 20 technical regulations in force, all of which were 
notified to the WTO during the period under review.  Most represent technical regulations that have 
been operational for some time, hence in the respec tive notifications Members were not provided an 
opportunity to comment before their entry into force.  
In light of this, it seems that the majority of  the 20 regulations were notified to the WTO TBT 
Committee after the measure had been implemented.  We note that the most recent notifications have 
provided WTO Members allowing 60 days for comments.   Nevertheless, given the large proportion of 
'post-factum' notifications, we would like to kindl y remind Guyana of its obligations to notify draft 
technical regulations to the WTO TBT Committee at  an early appropriate stage, so that other 
Members may comment on the draft and these comment s can still be taken into account before the 
draft is finalized.  14. Is Guyana planning to take steps to this endeavor?   WT/TPR/M/218/Add.1 
 Page 33 
 
 
 ANSWER 
 
14. Yes, Guyana will take this into account for future actions by the Guyana National Bureau of 
Standards (GNBS).  (ix) Sanitary and phytosanitary measures  WTO Secretariat's Report, page 36, para. 52 
 
The report notes that greater tran sparency in Guyana's SPS regime  would be of benefit both to 
Guyana and its trading partners.  To date, Guyana  has not notified any SPS measures to the WTO.  It 
also mentions that most SPS measures are contained in the implementing regulations for relevant acts, which are largely inaccessible, and mainly availa ble only in hard copy form in Guyana.  
 15. Could Guyana describe the steps it plans to take in order to review its SPS legislation and increase 
transparency levels? 
 
ANSWER 
 
All outstanding notifications are expected to be co mpleted in 2010, which will improve transparency 
of SPS measures.  
 
The government of Guyana is implementing its  Agricultural Export Diversification Programme, 
under which resources are dedicated to the establishm ent of an Agricultural Health and Food Safety 
Agency to draft new laws a nd to upgrade existing laws. 
 (x) Government procurement 
WTO Secretariat's Report, page 48-50, para. 118-126 
 
The report notes that preferences are granted to domestic goods and supplies and to small businesses. 
Under the Small Business Act, the Government must use its best endeavours to meet at least 20% of 
its procurement requirements of goods and services from small businesses.  Furthermore, under the 
Procurement Act, procuring entities may grant a ma rgin of preference of up to 10% to tenders 
submitted by domestic contractors or for the benef it of tenders for domestically produced goods.  
 16. Are preferences also granted to foreign small and medium sized enterprises? What does Guyana 
understand to be a “small business”? 
 
ANSWER 
 
16. Once the conditions are satisfied in Sections 2 (1), 2 (2) and 2(3) of the Small Business Act of 
2004, all small businesses are eligible for the same preferences.  Section 2(1) and of the Small 
Business Act 2004 states:  “small business means any person or p ersons, including a body corporate 
or unincorporate, carrying on business in Guyana fo r gain or profit and satisfying the criteria listed 
hereunder, but does not include any business having as its principal object the furtherance of a 
charitable or political purpose – 
(a) is incorporated or registered under th e Companies Act 1991 or the Business Names 
(Registration) Act; or 
(b) is a partnership under the Partnership Act; or 
(c) is owned by a person or persons trading not under the Co-operative Societies Act; 
(d) is a registered cooperative society under the Co-operative Societies Act; 
(e) is owned and controlled by those persons who hold the majority shareholding or controlling 
interest in the business, and is not a subs idiary or affiliate of another company; and WT/TPR/M/218/Add.1 
Page 34  
 
 (f) satisfies at least two of the following conditions – 
(i) employs not more than twenty-five persons; 
(ii) has a gross annual revenue of not more than sixty million dollars; 
(iii) has a total business assets of not more than twenty million dollars: 
 
Provided that the Minister may, after cons ultation with the Council, by order, which 
shall be subject to an affirmative resolution of the National Assembly, alter all or any 
of criteria specified in this paragraph or  specify other criteria in lieu thereof.” 
 
17. Are there any statistics/ information with regard  to the extent of use of preferences for domestic 
contractors/ domestically produced goods? 
 
ANSWER 
 
No statistics are available regarding the extent and use of preferences for domestic contractors / 
domestically produced goods. 
 
(2) MEASURES DIRECTLY AFFECTING EXPORT 
WTO Secretariat's Report, page 38, para. 65 
 
The report notes that a licence is required to engage  in petroleum exploration activities. Prospecting 
licences are granted for an initial period of f our years, and may be renewed twice.  
 18. Could Guyana elaborate on the procedures to  obtain petroleum prospecting licences and the 
factors and the related needed conditions?  ANSWER  
1. The Petroleum (Exploration and Production) Ac t No.3 of 1986 Part iv set out the conditions 
for grant of a Petroleum Prospecting Licence.  2. The Regulations made under the Petroleum (E xploration and Production) Act No. 3 of 1986 
Part IV set out a schedule of a form of applicati on which shall be made in pursuant of grant of a 
Petroleum Prospecting Licence.  3. Companies applying for grant of petroleum pr ospecting licences have to be registered in 
Guyana. 
 
4. Applicants are required eventually, to provide in their application for a Petroleum Prospecting 
Licence the following information, inter alia:-  
• Financial status 
• Technical competence and appropriate experience. 
• A technical proposal which should include an ev aluation of the basin with respect to its 
petroleum geology and related geoscientific particulars. 
• A proposal for the minimum work programme and expenditure for the prospecting area 
being considered, indicating what was intended to be accomplished for each year of work. 
• An environmental impact statement for proposed prospecting operations. 
• Proposals for controlling or eliminating any sign ificant adverse effects that are likely to 
occur. 
• A proposal for employment opportunities fo r Guyanese and training for Guyanese. 
• A proposal for any other matters that the a pplicant wishes the Minister to consider.  WT/TPR/M/218/Add.1 
 Page 35 
 
 
 5. There are general guidelines for such applicati ons and typical procedures and other factors are 
as follows:  (a) Applications shall be made to the Minister R esponsible for Petroleum in a form set out in the 
Regulations (Form A).  Guyana may opt for licensing rounds but at the present time applications are 
on a first come basis.  The application form must be accompanied by a proposal on the economic 
terms governing the applicants’ e xploration and production activities.  The prospecting area to be 
covered by the licence must be delineated/described on a map and which area must not be already under licence to another party; the minimum work pr ogramme and expenditure obligations in respect 
of the prospecting area are to be proposed and shall be negotiable;  A technical proposal in respect of 
the area is expected. 
 (b) The Minister of Petroleum has charged the Guyana Geology and Mines Commission (GGMC) with the purview for petroleum operations.  Applications to the Minister are, therefore, 
received on the Minister’s behalf by the GGMC.  Su itable applications i.e. those with acceptable bona 
fides and proposals acceptable to the Government  as the basis upon which negotiation can commence 
are registered with GGMC in order of receipt.  Each application is individually attended to the 
exclusion of succeeding applications.  Negotiations are expected to progress in a timely manner to 
conclusion.  The Minister responsible then issu es the licence and signs the petroleum agreement or 
designates someone to do so just as the other party signs, consumating the arrangement. 
 
QUESTIONS FROM BRAZIL 
 
ECONOMIC POLICY ENVIRONMENT  Document WT/TPR/G/218 
 Page 5, paragraph 6 
 
“6. In 2006 the sugar industry commenced a major modernization programme to cope with reduced 
prices in the EU market and increased competition.  While non-traditional agricultural exports – not 
including rice and sugar – play a relatively minor role in terms of economic contribution, these 
exports have seen high growth during the review period. ”  
Question
: What are the priority sectors of the modernization programme?  What are the non-
traditional agricultural exports that have shown high growth ? 
 
ANSWER  
The Priority areas and results of the Sugar i ndustry’s modernisation programme  since 2006 have 
been:  1. Completion of the Skeldon factory and Comme ncement of Co-Generated Power Supply: the 
Skeldon factory was completed and taken over in Ma rch 2009.  This factory has a capacity of 350 
tonnes cane/hour and will considerably increase the volume of sugar capable of being produced by the 
Corporation. Additionally, the factory has been s upplying power to the National Grid since December 
2007.  
2. Commencement of Semi Mechanical Harvesti ng: the Corporation has since 2006 purchased 59 
mechanical loaders. This has a llowed semi mechanical harvesting from 2007 that has alleviated the 
shortages of labour experienced since then due to poor labour turnout.  3. Commencement of Fully Mechanical Harvesting:   Fully mechanical harvesting commenced at 
Skeldon estate with the use of 6 mechanical harvest ers. Fully mechanical harvesting is intended to WT/TPR/M/218/Add.1 
Page 36  
 
 improve the efficiency of harvesting, reduce cost s and reduce the time taken to transport canes from 
the field to the factory. Fully mechanical harvesting will be rolled out to the other estates in the future. 
 4. Investments in the Production of Value Added Sugars:  
(a) Blairmont – Factory and Packaging facility c ontinuously upgraded at Blairmont to increase 
capacity and improve sugar quality.   (b) Construction of the Enmore Packaging Plant: th e Corporation in June 2009 signed a contract to 
commence construction of the plant.  This plant will have an initial capacity to produce 40,000 tonnes 
of packaged direct consumption sugars.  The Co rporation’s strategic plan focuses on increased value 
added sales with higher revenue ge neration per tonne than bulk and bagged sugars.  Sugar warehouse 
construction and packing machinery installation are to be completed by the end of 2010.  Production 
and marketing of direct consumption suga rs will commence in the first crop 2011. 
 
5. Upgrade of factories: the Corporation is curre ntly undertaking an upgrade of the capacities of the 
factories to improve their ability to mill larger vol umes of cane.  This is in keeping with the 
Corporation’s strategy to move production to 40 0,000 tonnes by 2013 through expansion of cane 
lands, both estate and private farmers.  6. CDB funded D&I pumps: Installation of pumps at  Albion , Rosehall, Skeldon and Uitvlugt and 
Skeldon and Ogle to improve drainage and irrigation across the industry 
 The non-traditional agricultural exports that have shown high growth are:  - Fresh fruits and vegetables: pumpkins, pl antains, watermelons, coconuts and eddoes 
 
- Processed products, such as sauc es (pepper, seasoning, etc.). 
 
Document WT/TPR/G/218 
Page 6, Paragraph 10 
“10. The Government continues its reform progr amme to improve the business environment of 
Guyana.  One notable achievement is the “National Competitiveness Strategy”, issued jointly by the 
Government of Guyana and the Private Sector Commission in 2006.  As a partnership between the 
public and private sector, the aim of the strategy is to improve Guyana’s competitiveness in a wide 
range of areas where improvements w ill be made over the next years.” 
Question:
  What are the main economic sectors for wh ich the National Competitiveness Strategy aims 
to improve?  What kind of measures  is the Government taking in orde r to pursue the objectives of that 
strategy? 
 
ANSWER 
 
The National Competitiveness Strategy is an over-ar ching economic strategy that covers a large 
number of sectors of the economy, except for health, e ducation and social services etc.  It is composed 
of three key elements:  (1) Core Policies:  Policies that cut across most sector s of the economy to generate a business-
friendly investment climate and are required to improve the competitiveness of the economy as a 
whole.  These include infrastructure, macroeconomic policy, taxation, human services, the curbing of 
red tape, business development services, competiti on and consumer protection policy, investment 
promotion, trade transactions, trade policy and export promotion.   WT/TPR/M/218/Add.1 
 Page 37 
 
 
 (2) Sector Policies: Sector strategies to address particular obstacles and opportunities facing 
enterprises within a sector – sugar, rice, forestry, mining and non-traditional sectors  (3) Strategic Sub-Sector Policies: A focused strategy which target s key points for concentrating 
resources and programmes to selected market driven public goods interventions  that allow promising 
sectors to grow by alleviating bottlenecks across the supply chain.  Such key sectors include: 
 o   Eco-Tourism o   Business Tourism o   Organic Products 
o   Non-traditional agricultural products, including fresh fruit, vegetables and beef 
o   Contract Manufacturing/Services Exports o   Agro-Processing o   Forest Products o   Aquaculture 
 
In order to implement the strategy the governme nt has launched a private-public institutional 
framework to support it.  The lead organization is the National Competitiveness Council, which is 
chaired by the President and includes 6 ministers/h eads of agencies, 4 private sector leaders and 2 
leaders of organized labour.  Below the NCC, a number of public private dialogue bodies operate in 
different sectors, currently in infrastructure, en ergy and trade transactions.  The Government of 
Guyana, through an Inter-American Development Ba nk loan called the Support for Competitiveness 
Programme (SCP), set up the National Competitiveness Strategy Unit to act as secretariat to all these 
bodies, and to enable the implementation of th e National Competitiveness Strategy.  The SCP 
programme is providing the funding for a range of actions within the NCS.  The NCSU is now 
reaching its full capacity.  The NCS is also being implemented through a range of other projects – 
such as the Agricultural Diversification Program me, Guyana Trade and Investment Support and 
LEAP (Linden Economic Advancement Programme ) – as well as through various government 
ministries.  
TRADE POLICY DEVELOPMENTS 
 
Document WT/TPR/G/218 Page 9, Paragraph 36 
 
“36. The Government is pursuing private investments in  alternative energy in the areas of biofuels, 
hydropower, and solar power.  In the area of hydr opower, a major project is planned at Amalia Falls 
which, once completed, would lead to a significant improvement of electricity supply in Guyana.  
Petroleum exploration is currently ongoing on both offshore and onshore locations.” 
 
Question
: Could you please describe the program of investments in the area of biofuels ? Is the 
Brazilian ethanol contemplated in such a program?  ANSWER  
The government plans to utilize non forested areas th at are not currently under food production.  The 
government is accepting applications from the priv ate sector (local and international) for the 
development of biofuels.  The government sees co llaboration with our neighbour Brazil as essential 
for the development of biofuels. 
 WT/TPR/M/218/Add.1 
Page 38  
 
 RESPONSES TO ADDITIONAL QUESTIONS 
 
MEXICO 
 
PREGUNTAS DE MÉXICO A GUYANA EN TEMAS DE SERVICIOS  
Se solicita a Guyana responder a las siguientes pre guntas formuladas con base en lo señalado en el 
documento WT/TPR/S/218/ del 3 de junio de 2009.  IV.  POLÍTICAS COMERCIALES POR SECTORES / 5) Se rvicios  /  ii)  Servicios financieros   
En el párrafo 87 se indica que según las autoridades, a finales de 2008 el Banco de Guyana suspendió 
temporalmente la concesión de nuevas licencias bancarias a inversores tanto nacionales como extranjeros, con el fin de evaluar la repercusión de  la actual crisis financiera internacional. Podrían 
informarnos si aun continúa suspendida la con cesión de nuevas licencias, y en ese caso, por cuanto 
tiempo planea el Gobierno continuar con esta medida. 
 
IV.  POLÍTICAS COMERCIALES POR SECTORES / 5) Servicios /  iii) Telecomunicaciones  /  a) Características principales   En el párrafo 105 se señala que según las autoridades, para aprovechar los asequibles costos de mano 
de obra de Guyana y sus afinidades lingüísticas, culturales y de husos horarios con importantes 
mercados de América del Norte, el Gobierno está decidido a liberalizar plenamente el sector y 
negociar una nueva licencia no exclusiva para GT&T .  Desearíamos saber si Guyana tiene prevista 
una fecha para dicha liberalización.  En el párrafo 109 se menciona que  de conformidad con la Ley de Telecomunicaciones de 1990, todas 
las empresas deben obtener una licencia antes de suministrar servicios de telecomunicaciones o de 
programas transmitidos por cable;  también se necesita licencia para utilizar el espectro radioeléctrico.  
En la Ley no se establece distinción alguna entr e los solicitantes nacionales y los extranjeros.  
¿Podemos entender que no existen restricciones para empresas extranjeras que suministren servicios de telecomunicaciones?  
IV. POLÍTICAS COMERCIALES, POR SECTORES  /  5)  Servicios  / v)  Transporte marítimo  
En el párrafo 127 se indica que Guyana no ha contraído compromisos en el marco del AGCS con respecto a los servicios de transporte marítimo. Dese aríamos saber si Guyana tiene previsto contraer 
compromisos en este sector.  
IV. POLÍTICAS COMERCIALES, POR SECTORES  /  5) Servicios  / vi)  Servicios profesionales   / 
c) Servicios de arquitectura e ingeniería En el párrafo 145  se señala que el Instituto de Ar quitectos de Guyana reconoce los títulos de aptitud 
profesional de los arquitectos extranjeros, sobre la ba se de una lista elaborada por el Real Instituto de 
Arquitectos Británicos.  Podrían informarnos si México está incluido en esa lista.  Translation by Guyana  
 
QUESTIONS FROM MEXICO REGARDING SERVICE ISSUES IN GUYANA Guyana is asked to answer the following questi ons based on what is stated in the document 
WT/TPR/S/218 / of June 3, 2009. 
 
IV. TRADE POLICIES BY SECTOR / 5) Services / ii) Financial services  • Paragraph 87 indicates that in late 2008 the Bank of Guyana temporarily suspended the granting of 
new banking licenses to both domestic and foreign investors in order to assess the impact of the  WT/TPR/M/218/Add.1 
 Page 39 
 
 
 current international financial cr isis. Could Guyana state whether granting of new licenses is still 
suspended, and if so, how long the government plans to proceed with this measure.  
ANSWER 
 The Bank of Guyana has not suspended the granti ng of licenses to domestic and foreign investors. 
 IV. TRADE POLICIES BY SECTOR / 5) Services / iii) Telecommunications / a) Main Characteristics  
• Paragraph 105 states that Guyana can take advantag e of affordable labor costs and linguistic skills, 
cultural similarities and the fact that it is in a sim ilar time zone with major markets in North America. 
The Government is committed to fully liberalize the telecommunication sector and negotiate a new 
non-exclusive license to GT & T.  We would like to know whether Guyana has planned a date for 
such liberalization. 
 
• In paragraph 109 it is mentioned that under th e Telecommunications Act of 1990, all businesses 
must obtain a license before providing telecommuni cations services or programs transmitted by cable; 
license is also required to use the radio spectrum.  The Act made no distinc tion between domestic and 
foreign applicants.  Can we understand that ther e are no restrictions on foreign companies providing 
telecommunications services? 
 
ANSWER 
 
1.  Full liberalisation of the telecommunications sect or will take place as early as possible. For this 
purpose, negotiations with the principal incumbent, GT&T is ongoing.  
 
2.  There is no distinction between local entiti es and foreign entities providing telecommunications 
services in Guyana. There are no discriminatory ma rket entry barriers relating to foreign entities 
providing telecommunications services in Guyana.  IV. TRADE POLICIES BY SECTORS / 5) Service / v) Shipping 
• In paragraph 127 states that Guyana has not made commitments under the GATS with regard to 
maritime transport services. We would like to know if  Guyana is planning to enter into commitments 
in this sector.  
ANSWER 
 
On February 24, 2005, Guyana made an Initial Conditional Offer in Services in the current DDA 
which includes the following transport services under Ma ritime Transport:  (i) International transport 
– Passenger (CPC 7211) and Freight (CPC 7212);  (ii) Storage and Warehouse Services (CPC 742); 
Freight Transport Agency/Freight Forwarding Serv ices (CPC 748); and Pre-Shipment Inspection (Part 
of CPC 749). 
 
Refer to WTO document TN/S/O /GUY dated March 3, 2005 for full details of this offer by 
Guyana.  
 
IV. TRADE POLICIES BY SECTORS / 5) Services / vi) Professional Services / c) Architectural and 
engineering services 
• In paragraph 145 states that the Guyana Ins titute of Architects recognizes the professional 
qualifications of the foreign architects, based on a list drawn up by the Royal Institute of British 
Architects. Could Guyana tell whether Mexico is included in that list?  WT/TPR/M/218/Add.1 
Page 40  
 
 ANSWER 
 
It is not.  
JAPAN 
 The Secretariat Report (WT/TPR/S/218) 
III. TRADE POLICIES AND PRACTICES BY MEASURE (1) MEASURES  DIRECTLY AFFECTING IMPORTS 
(vi) Import prohibition, restrictions, and licensing 
 
(Additional Question:  page 30 ・31, paragraph 31) 
The Secretariat’s Report states that ‘Since Guyana’s previous review, some import restrictions have 
become prohibitions (prepared opium; shaving brushes from Japan;…)… The authorities note that the 
prohibition on shaving brushes from Japan had been a pub lic health issue due to past cases of lockjaw, 
and that this prohibition is being brought to the a ttention of the administration for possible review’. 
 Japan would like Guyana to provide any prospects for the ‘possible review’ on import prohibition on 
shaving brushes from Japan.  If the review has be en undertaken, please provide information on the 
process completed so far and the schedule hereafter.  
ANSWER 
 
The licensing system remains under constant review a nd is currently part of a comprehensive review 
of the customs and trade facilitation measures, both in terms of the procedures and list of products, 
under the public-private National Competitiveness Stra tegy.  In particular, the issue regarding the 
‘shaving brushes” has been noted by the authorities and will be addressed.  
__________