Caribbean Trade Law and Development

Author: caribbeantradelaw

  • What COVID-19 trade measures have WTO members notified so far?

    What COVID-19 trade measures have WTO members notified so far?

    Alicia Nicholls

    The World Trade Organization (WTO) has this week called on Members, including those in the Caribbean, to notify trade and trade-related measures they are implementing nationally to fight the spread of COVID-19 and to support their economies during these unprecedented times.

    This is part of the WTO’s efforts to monitor the impact of the COVID-19 crisis on global trade. It is also consistent with the WTO’s role as the guardian of the multilateral trading system by, inter alia, promoting transparency of Members’ trade laws and policies.

    To this end, both this initiative and the Director General’s decision to establish a special taskforce of experts from across the WTO Secretariat to monitor the impact of COVID-19 on trade flows and the overall global economy are welcomed.

    What has been notified so far?

    According to the WTO’s new COVID-19 and world trade page, the following Members have notified trade/trade-related COVID-19 measures thus far: Albania, Brazil, Kyrgyz Republic, Mauritius, Indonesia, Kazakhstan and the Russian Federation.

    As many countries turn inward to fight the outbreak, it is little surprise, though unfortunate, that many of the notified measures are trade-restricting. The majority of measures have been notified as technical barriers to trade (TBTs), but sanitary and phytosanitary (SPS) measures and quantitative restrictions have also been notified. Several of the notifications relate to export bans or licensing arrangements for the export of medical equipment, while others restrict imports of live fish and fish products, mammals and exotic pets from certain affected countries, particularly China where the virus originated.

    WTO Secretariat List of Members’ Trade-related COVID-19 measures

    The WTO Secretariat has also compiled its own list of Members’ trade and trade-related COVID-19 measures based on official and other public sources. The list as at March 26 may be found here.

    In addition to some trade-restrictive measures, the list shows that there have also been some trade-enabling measures implemented, such as reductions or eliminations of customs duties on medical supplies.

    Another example of a trade-enabling measure is Argentina’s suspension of its anti-dumping duty on imports of hypodermic syringes from China and parenteral solutions from Brazil and Mexico.

    The wider perspective

    More broadly, there has been growing concern over bans or restrictions being implemented by some countries on the export of medical supplies, such as pharmaceutical drugs, disinfectants and face masks. An insightful analysis by Global Trade Report (2020) found that “as of 21 March 2020, 46 export curbs on medical supplies have been introduced by 54 governments since the beginning of the year”.

    Let us consider a few examples. The European Union (EU) has temporarily introduced export authorisation requirements for exports of personal protective equipment outside of that bloc. Amidst a surge in global demand, India has announced an export ban on the anti-malarial drug hydroxychloroquine, believed by some to be a possible cure for COVID-19 but this remains scientifically unproven. The United Kingdom (UK) has banned the parallel exporting of certain medicines critically for treating COVID-19 patients in intensive care units.

    Export bans are now being extended to food items, which the United Nations Food and Agriculture Organisation (FAO) has warned could cause a global food shortage. For instance, in order to ensure enough rice supplies during the COVID-19 outbreak, Vietnam has halted the signing of new rice export contracts until March 28th. Kazakhstan has banned the export of key food items.

    What about the Caribbean?

    Although announced as temporary measures, these developments are particularly disconcerting for import-dependent small States like those in the Caribbean which not only rely on the importation of food products, but depend on the importation of medical supplies needed to combat the spread of the highly contagious virus. These export bans and restrictions will not only restrict the availability of these needed medical supplies, but make sourcing them more expensive, with dire implications for affected importing countries’ ability to save lives.

    How have Caribbean countries responded to the COVID-19 crisis to date? No Caribbean WTO Member has notified any COVID-19 trade-related measures so far. Indeed, Caribbean countries’ policy responses to the crisis have been largely in the form of fiscal stimulus packages and economic and social support for affected workers and businesses, as opposed to any export-related measures.

    Nonetheless, to assist the WTO Secretariat in its monitoring of Members’ trade/trade-related COVID-19 policy responses and to comply with our general notification obligations under the various WTO Agreements, it is advisable that our governments notify any COVID-19 trade/trade-related measures or economic support measures which may have a possible trade impact.

    Caribbean countries should also advocate for greater international cooperation to ensure that they and other poorer countries are able to access needed medical supplies and foods.

    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.

  • Several WTO Members agree on interim appeal arrangement for dispute settlement

    Several WTO Members agree on interim appeal arrangement for dispute settlement

    Alicia Nicholls

    On March 27, 2020, several Members of the World Trade Organization (WTO) agreed on a stop gap measure to ensure the continuation of a two-step system for the peaceful and orderly settlement of trade disputes amongst them at the WTO.

    Readers would recall that in December 2019 the WTO Appellate Body lost the quorum needed for hearing new appeals from panel reports and is no longer functioning. It is the sad culmination of the US’ blockage of appointments/re-appointments to the normally seven-member body in protest over alleged judicial overreach.

    What’s the Multiparty Interim Appeal Arbitration Arrangement?

    The new temporary arrangement agreed on today, known as the Multiparty Interim Appeal Arbitration Arrangement (MPIA), is based on Article 25 of the WTO’s Dispute Settlement Understanding. The MPIA will be based on the substantive and procedural aspects of the Appellate Body. Any Member may join the MPIA upon notification of endorsement of the communication to the Dispute Settlement Body. The arrangement will be in place as long as the Appellate Body remains defunct.

    This interim appeal initiative, which was spearheaded by the EU, is further to a statement which was made on January 4, 2020 at Davos in which the EU and then sixteen other WTO Members agreed to work on such an arrangement.

    Who’s already in?

    In addition to the EU, the fifteen other WTO Members which have already signed on are: Australia; Brazil; Canada; China; Chile; Colombia; Costa Rica; Guatemala; Hong Kong, China; Mexico; New Zealand; Norway; Singapore; Switzerland; and Uruguay. No Caribbean country has signed on as yet.

    For further information

    The Ministerial Statement may be accessed here.

    The full text of the Multiparty Interim Appeal Arbitration Arrangement may be read 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: How have Caribbean governments responded so far?

    COVID-19: How have Caribbean governments responded so far?

    Alicia Nicholls

    Declared a pandemic by the World Health Organisation (WHO) on March 11, 2020, the COVID-19 outbreak has now spread to well over 100 countries worldwide, including most Caribbean countries. As of March 22, Belize and St. Kitts & Nevis are the only English-speaking Caribbean countries to have not yet reported a confirmed COVID-19 case.

    Globally, the number of confirmed cases is over 300,000. In the Caribbean, the number is over 300 (if the Dominican Republic and Cuba are included). Detailed COVID-19 statistics for each English-speaking Caribbean country as at March 21, may be found here.

    While the number of cases and deaths in the Caribbean currently remain low compared to other regions, the economic fall-out is far more daunting. Tourism associations across the region have reported booking cancellations, a reduction in flight bookings and the real possibility of some accommodations having to close their doors temporarily. Similarly, many businesses across the region have begun to feel the economic pinch from declining patronage and event cancellations.

    This article takes a brief look at some of the various policy responses instituted by Caribbean governments so far to mitigate the human and economic impact of the highly contagious virus.

    Caribbean Government Policy Responses

    As the COVID-19 pandemic spreads across Caribbean shores, regional governments have stepped up their responses which vary according to the severity of the outbreak in the country concerned.

    Based on media reports and government public announcements, below is a non-exhaustive list of some of the major COVID-19 policy measures implemented by Caribbean governments to date:

    A. Containment Policies

    1. Mandatory quarantining of all travellers (both nationals and foreigners) coming from selected countries – mainly the US and Europe, China, South Korea, and Iran e.g: Barbados
    2. Temporary restrictions of entry of foreign nationals from selected countries e.g: many Caribbean countries
    3. Restrictions on non-essential travel by nationals to certain affected countries e.g: many Caribbean countries
    4. Suspension of international flights or flights from certain countries e.g: Dominican Republic, Jamaica, Trinidad & Tobago
    5. Refusal of docking for cruise ships with cases of respiratory illness onboard e.g: most Caribbean countries now
    6. Temporary closures of land borders, and most or all ports of entry (except for citizens or permanent residents returning home – they will be placed in quarantine on arrival) e.g: Belize, Dominican Republic, Jamaica, Suriname, Trinidad & Tobago
    7. Restrictions on mass events, public gatherings and public events over a certain number of persons, e.g: in Barbados the number is now restricted to 25 persons
    8. Closure of beaches e.g: Tobago has closed beaches to control public gatherings
    9. Mandatory closures of bars, restaurants, casinos e.g: Jamaica, Trinidad & Tobago
    10. Restrictions on public visits at hospitals, polyclinics and geriatric hospitals e.g: Barbados, Trinidad & Tobago
    11. Temporary closures of schools and other educational institutions e.g: several Caribbean countries
    12. Declaration of state of emergency e.g: Haiti, Dominican Republic
    13. Imposition of curfew with penalties for non-compliance e.g: The Bahamas, Haiti

    B. Communication Policies

    1. Establishing dedicated COVID-19 hotlines e.g: several Caribbean countries
    2. Regular press briefings on the status of the outbreak in the country and measures being taken e.g: Barbados
    3. Public service announcements/campaigns e.g: many Caribbean governments are running public service announcements on respiratory hygiene and social distancing

    C. Social and Economic Policies

    1. Stimulus package e.g: the Government of Barbados, which is currently undergoing an IMF-sanctioned adjustment programme, announced a BBD $20 million stimulus package to assist people and businesses impacted by the outbreak. The Jamaica government has also outlined a JAM $25 billion fiscal stimulus package.
    2. Tapping into disaster funds e.g: Cayman Islands has tapped into its National Disaster Fund to set aside $3 million for its COVID-19 response.
    3. Anti-price gouging policies e.g: Barbados has instituted a COVID-19 basket of goods
    4. Additional benefits for affected workers, such as extending the period of non-certified sick leave and increasing the duration period of unemployment benefits e.g: Barbados
    5. Providing assistance to affected families and small businesses e.g: increasing welfare cheques and recapitalising funds for assisting businesses
    6. Enlisting private sector and civil society support
    7. Reinstatement of standpipes e.g: Dominica
    8. Efforts to stimulate local food production e.g: The British Virgin Islands has set aside $2 Million to stimulate local food production and assist fisherfolk under its stimulus package “The Rapid Response Fishing and Farming Production Programme”.

    D. Providing external assistance to other affected countries

    Cuba has reportedly sent 144 health care workers to assist affected countries.

    This article will be updated periodically .

    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 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

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