Month: March 2020

  • Caribbean Trade & Development News Digest – March 15-21, 2020

    Caribbean Trade & Development News Digest – March 15-21, 2020

    Welcome to the Caribbean Trade & Development News Digest for the week of March 15-21, 2020! We are happy to bring you the major trade and development headlines and analysis from across the Caribbean Region and the world from the past week.

    THIS WEEK’S HIGHLIGHTS

    COVID-19

    Several Caribbean countries are now among those well over 100 countries worldwide which have reported cases of COVID-19. Globally, cases have reached over 200,000 while Italy has overtaken China’s death toll.

    Caribbean governments’ policy responses to mitigate the human and economic impact of COVID-19 have varied. Read more about Caribbean governments’ COVID-19 policy measures in my latest article here: COVID-19: How have Caribbean governments responded so far?

    CARICOM Agricultural Ministers met 19 March 2020 to chart a COVID-19 food and nutrition security and availability response.

    CCJ delivers first Advisory Opinion

    On March 18, the Caribbean Court of Justice (CCJ) has released its first Advisory Opinion. Among other things, the Court has opined that freedom of movement of skilled nationals is a ‘fundamental objective’ of the Community, but that the opt-out granted by the Conference of Heads of Government to two Member States (Antigua & Barbuda and St. Kitts & Nevis) from the enlargement decision of Feb 2019 extending freedom of movement to security guards and agricultural workers is not prejudicial to this fundamental objective. Read more about the Advisory Opinion here.

    REGIONAL

    Cuba and China send aid and doctors around the world in fight against Covid-19

    Morning Star: China and Cuba continued to lead the global fight against the coronavirus pandemic today. Read more

    New CARICOM/ private sector body formed

    Barbados Today: A new CARICOM/Caribbean private sector organization has been established to facilitate the planning processes of the Caribbean Community (CARICOM), and to help with implementing some of the various initiatives under the CARICOM Single Market and Economy (CSME). Read more

    Barbados PM rolls out COVID-19 economic plan

    Nation News: Prime Minister Mia Amor Mottley last night rolled out several initiatives expected to help Barbados keep its head above water in the battle with the Covid-19 pandemic. Read more

    Major losses, tourism business slumps in Barbados

    Barbados Today: Hoteliers are reeling from cancellations and no-shows from the COVID-19 pandemic, with millions of dollars in losses, some attractions reporting up to 70 per cent decline in business and others facing possible closure, tourism officials and executives said today. Read more

    JSE Roiled By Virus As Investors Head For Safe Haven

    Jamaica Gleaner: Jamaican stocks suffered another collapse on the first day of a government shutdown Wednesday as a virus-containment strategy, then clawed back a tiny portion of those losses on Thursday. Read more

    Business Continuity Insurance Not On Offer – It’s Too Difficult To Price, Says IAJ Spokesman

    Jamaica Gleaner: Business continuity insurance will not cover Jamaican companies in the event of losses arising from the effects of the COVID-19 coronavirus. That’s the word from the general insurance sector, while businesses contemplate the likely fallout from forced absence and low productivity as they scale back to mitigate the spread of the virus. Read more

    Entire closure of Jamaica’s tourism industry due to COVID 19

    Jamaica Observer: Tourism Minister Edmund Bartlett is admitting that the entire tourism industry in Jamaica is facing imminent closure given the travel restrictions on many of its source markets as well as local containment and restriction protocols. Read more

    INTERNATIONAL

    Coronavirus: E.U. announces sweeping ban on most nonessential incoming travel

    NBC: “We need to do more to reduce huge pressure on our health care system,” said Ursula von der Leyen, the European Commission president. Read more

    COVID-19 Pandemic and Latin America and the Caribbean: Time for Strong Policy Actions

    IMF Blog: COVID-19 is spreading very quickly. This is no longer a regional issue—it is a challenge calling for a global response. Countries in Latin America and the Caribbean have been hit later than other regions from the pandemic and therefore have a chance to flatten the curve of contagion. Read more

    Statement on COVID-19 economic policy response

    EU: Following up on the videoconference on 10 March 2020 between European Council Members, as well as the ECB President, the Eurogroup President and the High Representative, the Eurogroup held an in-depth discussion today, together with non-Euro Area Members, on how to respond to the extraordinary human and economic crisis caused by the Corona virus. Read more

    Majority of Britons support extending Brexit transition period amid coronavirus outbreak, new poll shows

    The Independent: The majority of Britons want the Brexit transition period to be extended after negotiations were put on ice due to the coronavirus outbreak, a new poll shows. Read more

    World Bank Group Increases COVID-19 Response to $14 Billion To Help Sustain Economies, Protect Jobs

    World Bank: The World Bank and IFC’s Boards of Directors approved today an increased $14 billion package of fast-track financing to assist companies and countries in their efforts to prevent, detect and respond to the rapid spread of COVID-19. Read more

    Kenya, US start talks on trade agreement

    Business Daily: The US trade department has started negotiations on comprehensive trade agreement with Kenya in a move that will extend Kenya’s preferential access after the current deal ends in 2025. Read more

    Turkey challenges EU steel import curbs at WTO

    Daily Sabah: Turkey has launched a legal challenge at the World Trade Organization (WTO) against an EU-imposed curb on steel imports after the effective closure of the U.S. market. Read more

    U.S. to boost tariffs on Airbus planes Wednesday, adding pressure on airlines

    Reuters: The United States is expected to increase U.S. tariffs on Airbus planes by 50% on Wednesday, U.S. and European officials say, dealing a further blow to U.S. airlines already hammered by sharp drops in travel due to the coronavirus pandemic. Read more

    Japan Wants WTO Panel on India’s Smartphone Tariffs

    Nippon: The Japanese government Thursday asked the World Trade Organization to set up a dispute settlement panel over India’s tariffs on smartphones and some other electronic products. Read more

    STRAIGHT FROM THE WTO

    NEW ON THE CTLD BLOG

    The Caribbean Trade & Development Digest is a weekly trade news digest produced and published by the Caribbean Trade Law & Development Blog. Liked this issue? To read past issues, please visit here. To receive these mailings directly to your inbox, please subscribe to our Blog below:

  • Freedom of Movement of Skilled Nationals a 'fundamental objective' of CARICOM, CCJ opines

    Freedom of Movement of Skilled Nationals a 'fundamental objective' of CARICOM, CCJ opines

    Alicia Nicholls

    March 18, 2020 was a historic day for the Caribbean Court of Justice (CCJ) when it delivered its first Advisory Opinion since its establishment.

    Inter alia, the CCJ is empowered with exclusive jurisdiction under the Revised Treaty of Chaguaramas to deliver advisory opinions concerning the interpretation and application of the RTC.

    For a background to the opinion, please see a previous article I co-authored with Dr. Jan Yves Remy here. In brief, the background surrounded a request by two Caribbean Community (CARICOM) Member States (Antigua & Barbuda and St. Kitts & Nevis) to opt-out of a decision of the Conference of Heads of Government to expand the categories of skilled nationals entitled to move and work freely across the Community to include security guards and agricultural workers. The opt-outs were subsequently granted by the Conference to these two Member States for a period of 5-years.

    The Court was asked by the Community to render an Advisory Opinion on whether (1) a Member State could lawfully opt out of the decision of the Conference expanding the categories of persons entitled to move and work freely in the Community; and (2) whether the principle of non-reciprocity would enable nationals of the opting out Member States to still derive the benefits accruing under the enlargement decision.

    In its Advisory Opinion, the Court has opined that freedom of movement of skilled nationals is a ‘fundamental objective’ of the Community, but that the 5-year opt-out granted by the Conference of Heads of Government to the two Member States from the enlargement decision is not prejudicial to this fundamental objective.

    It also opined that non-reciprocity applied so other Member States must still allow Antiguan/Barbudan and Kittian/Nevisian security guards and agricultural workers access to their labour markets.

    Read the full Advisory Opinion here and the summary here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant. You can also read more of her commentaries at www.caribbeantradelaw.com and follow her on Twitter @LicyLaw.

    DISCLAIMER: All views expressed herein are her personal views and do not necessarily reflect the views of any institution or entity with which she may be affiliated from time to time.

  • COVID-19 and MSMEs: Impacts and Options

    COVID-19 and MSMEs: Impacts and Options

    Image by Vektor Kunst from Pixabay

    This article has been updated.

    Alicia Nicholls

    Businesses which fall under the category of micro, small and medium-sized enterprises (MSMEs) are among the most impacted by the economic and financial fall-out from the COVID-19 pandemic globally.

    These businesses, while not large participants in international trade, are significant contributors to national economic activity and employment. For instance, SMEs account for 93 per cent of enterprises in non-high income, non-OECD countries, while MSMEs comprise over 95 per cent of all enterprises in OECD countries according to the WTO’s World Trade Report 2016. Moreover, according to this same report, in “a sample of firms from 99 emerging and developing countries (World Bank Enterprise Surveys), SMEs accounted for two-thirds of formal non-agricultural private employment”.  

    With the pandemic’s growing impact on the global economy, its concomitant impact on MSMEs cannot be ignored – whether it is a ‘mom and pop’ corner shop experiencing declining footfall, the catering company which lost out due to a cancelled event or a hotel facing increased guest cancellations.  

    This article briefly looks at the possible impacts of COVID-19 on MSMEs and what options these businesses could consider to help mitigate the impact. It also briefly discusses some policy measures governments could put in place to assist MSMEs during this difficult period.

    Possible impacts on MSMEs

    The possible direct and indirect impacts of the COVID-19 pandemic on MSMEs differ according to the individual business and sector, but it is likely that those businesses in ‘high contact’ sectors– such as the hospitality and retail sectors – will be the most adversely affected.

    There is, of course, the human impact, such as the loss of productivity due to increased sick leave and the loss to the business of know-how, expertise and skill where a valued and skilled employee dies from the virus.

    Reduced sales due to a fall in demand, whether locally or from international customers, could also affect businesses’ ability to make payroll and their bottom-line.

    Supply chain disruptions could lead to difficulty sourcing final products or inputs for final goods, with knock-on effects for fulfilling contractual obligations.

    Another possible impact has been the increase in panic buying by consumers, generating increased sales in the short-term, but possibly causing inventory shortfalls, especially where supply chains have been disrupted.  

    For many small business owners around the world, there is the real fear of having to lay off staff, closing temporarily or completely going out of business.

    How can MSMEs cope?

    Because of their size, MSMEs generally face greater challenges and resource-constraints than larger businesses, like multinational enterprises (MNEs). Limited access to capital can often constrain MSMEs’ ability to respond to, and weather crises. However, there are steps that these businesses, regardless of size, can put in place.

    Below are some of the main ones.

    • Protect health of employees

    Employees are a business’ most valuable asset. As such, protecting the health of your employees must be foremost, especially those businesses in ‘high contact’ sectors. This is particularly so for frontline workers, such as receptionists and cashiers who interface with the general public, placing them at higher risk. Unlike other workers, frontline workers do not have the luxury of working from home. Therefore, they should be equipped with adequate supplies to keep themselves safe, such as hand sanitizer and wipes, as they go on about their jobs.

    In compliance with the social distancing advice given by WHO and national health authorities, many businesses globally have started reducing the number of employees working in the same space, instituting ‘work from home’ policies and remote meetings where possible, cancelling meetings which involve bringing in persons from abroad, and restricting non-essential employee travel, especially to affected countries.

    Protecting the health of employees also includes their mental health as well. Where lay-offs are an inevitability, employers should adopt a humane approach. Ensure any lay-offs are done in accordance with the law and that the employees’ rights are not violated.

    • Follow national and international best practices as they evolve

    According to the WHO, COVID-19 is a highly contagious virus and is particularly problematic for those persons with compromised immune systems, such as the elderly and those with existing illnesses. It should be noted that here in the Caribbean, we not only have a growing senior population, but a high and increasing incidence of persons with Chronic Non-Communicable Diseases (CNDCs), such as diabetes and hypertension.

    Businesses should formulate customized organization policies aimed at preventing and reducing transmission.  Your office protocols should be informed by the guidelines developed by your country’s national public health agency and the WHO. They should be updated regularly. Check out in particular WHO’s “Getting your workplace ready for coronavirus” pamphlet.

    Some simple measures can go a long way in creating a low-transmission environment. These include providing hand sanitiser dispensers, sticking up posters on good respiratory etiquette and hygiene, requiring sick employees to remain home, encouraging employees to regularly sanitise their personal work spaces, adequately stocking the company’s medicine cabinet with infrared thermometers, masks, gloves and alcohol, and increasing the frequency of scheduled work place cleaning.  

    Businesses should also formulate humane and non-discriminatory policies and protocols on what should be done in case of suspected or confirmed incidents of COVID-19 among employees, or where employees come into contact with an infected customer. What support systems, such as counselling, will be put in place where an employee dies as a result of the virus, bearing in mind the impact the death could have on the morale and well-being of other employees?

    Other good resources are the Coronavirus Guidelines for Business published by the International Chamber of Commerce, as well as the guidelines published by your local or national small business association or chamber of commerce.

    • Fight ‘fake news’ by keeping employees and customers informed

    Businesses must also battle against rumors and misinformation about the virus being spread on social media. Combating ‘fake news’ requires keeping your clients/customers informed of the current state of your operations and the measures you have put in place to prevent or deal with any transmission. Rely on information from trusted sources, such as the national public health authority, the Caribbean Public Health Agency (CARPHA), Pan-American Health Organisation (PAHO) and the WHO.

    • Manage your risks

    Now is the time for your business to either prepare or review/update your contingency and business continuity plans.

    An essential part of preparation is reviewing your current contracts with suppliers/purchasers and examining whether a COVID-19 outbreak would impact your ability to perform your contractual obligations.

    Managing risks also might require diversifying your sourcing in the event your usual supplier goes out of business or is otherwise unable to fulfill your order request.

    Many businesses have some form of business interruption insurance. Speak to your insurance agent about what is covered and not covered in your policy. For businesses in the exporting business, they should also review their insurance coverage.

    • Consider Capital Access Options

    Businesses should consider beforehand their capital access options in cases where drops in demand could negatively affect their cashflow and ability to meet obligations. These options may range from a loan from a family member or friend, to commercial bank loans to special loan schemes provided by Government. Those in the exporting business should review their trade finance options.

    • Refrain from price gouging

    Businesses should refrain from engaging in price gouging, which can reduce public ‘goodwill’ towards your business and drive customers to your competitor.

    How can governments assist?

    Policymakers around the world are increasingly cognizant of the important economic role played by MSMEs and have sought to find ways to assist businesses during this challenging period. In the US, affected small businesses in some states impacted by COVID-19 can access low-interest federal disaster loans, while the European Commission hasset out a coordinated response to counter the economic impact of the Coronavirus, particularly on SMEs.

    In some Caribbean countries, direct support, through the provision of concessional loans and grants to SMEs, may or may not be an option depending on the Government’s fiscal constraints. However, there could be indirect support such as delaying payment of taxes, debt forgiveness, and other measures to assist SMEs facing cashflow difficulties. Other policy interventions Governments could consider include providing support for employees affected, including those laid-off or placed on ‘short time’. Governments can also temporarily suspend tariffs on the importation of needed medical supplies to make it easier for businesses and the public at large to more cheaply access these goods.

    In this period of much uncertainty, it is doubly important that Governments and the private sector keep open channels of communication and continue to work hand in hand on current preparation and mitigation efforts to reduce both the economic and human impact of the outbreak.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant. You can also read more of her commentaries at www.caribbeantradelaw.com  and follow her on Twitter @LicyLaw.

    DISCLAIMER: All views expressed herein are her personal views and do not necessarily reflect the views of any institution or entity with which she may be affiliated from time to time.

  • Caribbean Trade & Development Digest – March 8-14, 2020

    Caribbean Trade & Development Digest – March 8-14, 2020

    Welcome to the Caribbean Trade & Development News Digest for the week of March 8-14, 2020! We are happy to bring you the major trade and development headlines and analysis from across the Caribbean Region and the world from the past week.

    THIS WEEK’S HIGHLIGHTS

    The COVID-19 outbreak has this week been declared a pandemic by the World Health Organisation. Globally, reported infections are now over 150,000 with deaths at nearly 6,000. The outbreak continues to have a negative impact on stock markets, commodities prices and global supply chains. Businesses worldwide have begun restricting employees’ travel and implementing work from home policies.

    According to an UNCTAD report published this week, the outbreak could cause global foreign direct investment (FDI) to shrink by 5%-15%.

    World services trade growth continued to weaken toward the end of 2019 and into the first quarter of 2020 according to the World Trade Organisation’s Services Trade Barometer, released on 11 March 2020. The indicator does not yet fully capture the economic impact of the COVID-19 virus and is likely to decline further in the coming months, according to the WTO.

    The WTO became one of several organisations which has cancelled all meetings in light of COVID-19. The Government of Kazakhstan has cancelled the WTO’s Ministerial Conference that was scheduled to be held there June 8-11 in light of the COVID-19 pandemic.

    In the Caribbean, several English-speaking Caribbean countries have now announced cases. This is in addition to several other non-English speaking Caribbean countries which reported cases earlier.

    See my articles on : The possible economic and trade impacts of COVID-19 on the Caribbean here and on small businesses/MSMEs here.

    REGIONAL NEWS

    ‘More trade coming’ with Suriname

    Barbados Today: With expected disruptions in global trade as a result of the COVID-19, Government officials are working around the clock to ensure that new opportunities are in place for Barbados to source some items from the region. Read more

    A WTO Investment Facilitation Agreement: Any added value for the Caribbean?

    Guyana Chronicle: With regional governments already undertaking reforms, would a WTO Multilateral Investment Facilitation for Development Agreement add value for the Caribbean or would the legal burdens of signing a multilateral agreement outweigh any potential benefits? Should the Caribbean seize this opportunity to be among the rule-makers in an area of development-interest to the region or should we sit this one out? Read more

    American firms, US revive ‘AmCham’ biz body

    Barbados Today: American business figures are seeking to re-establish a link with firms here and throughout the Eastern Caribbean in a bid to leverage new exports to the region. Read more

    All cruise lines cancel cruises over the next 30-60 days

    Barbados Today: Cruise Lines International Association (CLIA) has announced that all member ocean cruise lines are pausing sailings over the next 30-60 days. For most cruise lines, the cancellations will span the next 30 days. Read more

    Coronavirus shuts down Guyana-Suriname ferry crossing

    Demerara Waves: The Guyana-Suriname ferry service has suspended operations because that neighbouring country on Friday registered its first case of the novel coronavirus. Read more

    Barbados hosts successful consultations on CARICOM Strategic Plan

    Barbados Advocate: National consultations held in Barbados this week to help map the way forward for the results-focused new ten-year Caribbean Community (CARICOM) Strategic Plan, have been described as “rich and fruitful”. Read more

    Implementation of the Extended Article 164 Regime of the Revised Treaty of Chaguaramas

    St Lucia News Online: The Ministry of Commerce, International Trade, Investment, Enterprise Development and Consumer Affairs wishes to advise members of the general public of the impending implementation of a CARICOM wide initiative to enable the growth and development of the Less Developed Countries of CARICOM. Read more

    How will COVID-19 affect the economies of Latin America and the Caribbean?

    UNDP: The COVID-19 outbreak is a new potential source of volatility and a threat to the macroeconomic stability of Latin America and the Caribbean. While it is still too early to fully understand its impact on China’s growth, and how it will result in a slowdown in our region, what we know so far is that COVID-19 is spreading at an accelerated rate and has caused a disruption to China’s economy. Read more

    Belize and Florida continue to strengthen Bilateral Trade and Investment relationship

    Breaking Belize News: Тhе Веlіzе Тrаdе аnd Іnvеѕtmеnt Dеvеlорmеnt Ѕеrvісе (ВЕLТRАІDЕ), а ѕtаtutоrу bоdу undеr thе Міnіѕtrу оf Есоnоmіс Dеvеlорmеnt, Реtrоlеum, Іnvеѕtmеnt, Тrаdе аnd Соmmеrсе оf thе Gоvеrnmеnt оf Веlіzе (GОВ), wеrе hоѕtеd аt а twо-dау оutbоund Веlіzе Вuѕіnеѕѕ Міѕѕіоn іn Таllаhаѕѕее, Flоrіdа UЅА. Read more

    Jamaican businesses seek spin-offs from booming Guyanese economy

    Jamaica Observer: The massive oil discovery in Guyana will have a dramatic effect on driving its developing economy, with a growth rate of 85 per cent recently predicted by the International Monetary Fund (IMF). Read more

    INTERNATIONAL NEWS

    Coronavirus could shrink global FDI by 5% to 15%

    UNCTAD: The coronavirus (COVID-19) outbreak could cause global foreign direct investment (FDI) to shrink by 5%-15%, according to an UNCTAD report published on 8 March. Read more

    Global Diplomacy Grinds to a Halt on Infection Fears

    Foreign Policy: One by one, the U.N., WTO, and other major international players are canceling regular gatherings. Read more

    COVID-19 Survey: Impacts on Global Supply Chains

    Business Facilities: Nearly 75 percent of companies report supply chain disruptions in some capacity due to coronavirus-related transportation restrictions, according to the newly released results of a survey focused on coronavirus disease 2019 (COVID-19) business and supply chain impacts. Read more

    Coronavirus: US travel ban on 26 European countries comes into force

    BBC: President Donald Trump’s travel ban on 26 European nations has come into force in the US, as part of a contingency plan to tackle the coronavirus crisis. Read more

    COVID-19-hit Iran asks IMF for aid amid US sanctions

    Deutsche Welle: For the first time in six decades, Iran has requested a loan from the IMF to fight the coronavirus outbreak. US sanctions have isolated the country from the global financial system. They could also stop IMF assistance. Read more

    Brexit: coronavirus sparks calls to extend EU transition period

    The Guardian: Britain and the EU are facing calls to back away from a “game of chicken” and extend the Brexit transition period immediately, as both respond to the coronavirus pandemic. Read more

    Brexit: EU drafts trade deal ahead of talks with UK

    BBC: The EU has drafted a post-Brexit trade deal proposal, covering areas such as security, foreign policy and fisheries. The 441-page draft legal text, seen by the BBC, was sent to the 27 EU states on Thursday night, ahead of being presented to the UK next week. Read more

    African Free-Trade Deal on Track Despite Coronavirus

    Bloomberg: The coronavirus pandemic is unlikely to scupper a July 1 target for the first commerce under an African-wide free-trade deal, even if meetings to iron out details are being canceled, according to the zone’s most senior official. Read more

    Global business travel could suffer $820bn virus hit, says group

    Al Jazeera: The global spread of the coronavirus is increasingly affecting business travelers, an industry body said. Read more

    STRAIGHT FROM THE WTO

    NEW ON THE CTLD BLOG

    The Caribbean Trade & Development Digest is a weekly trade news digest produced and published by the Caribbean Trade Law & Development Blog. Liked this issue? To read past issues, please visit here. To receive these mailings directly to your inbox, please subscribe to our Blog below: