Caribbean Trade Law and Development

Category: Caribbean Basin Initiative

  • USITC Releases latest CBERA Report: Haiti, Barbados & Grenada have highest utilisation rate

    USITC Releases latest CBERA Report: Haiti, Barbados & Grenada have highest utilisation rate

    Alicia Nicholls

    On September 30, 2021, the United States International Trade Commission (USITC) released its latest report on the operation of the Caribbean Basin Economic Recovery Act (CBERA) and its impact on US industries, consumers and on beneficiary countries. Enacted in 1983 and made effective in 1984, the CBERA is one of the constituent acts under the Caribbean Basin Initiative. The CBERA allows the US President to extend to designated beneficiary countries in the Caribbean Basin non-reciprocal and unilateral duty-free or reduced duty access to the US market for a wide range of goods. The CBERA is of indefinite duration in that it has no statutory end date unlike, for instance, the other Acts. The Caribbean Basin Trade Partnership Act (CBTPA) of 2000 extended preferential treatment to textiles and apparels and was most recently renewed in October 2020 until 2030.

    The 17 CBERA beneficiaries in 2020 were as follows: Antigua and Barbuda, Aruba, The Bahamas, Barbados, Belize, British Virgin
    Islands, Curaçao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and Tobago. CBTPA beneficiaries (8) in 2020: Barbados, Belize, Guyana, Haiti, Jamaica, Saint Lucia, and Trinidad and Tobago. The Haiti Economic Lift Program (HELP) Act of 2010 and Haiti Hemispheric Opportunity through Partnership Encouragement Act of 2006 and of 2008 (HOPE I & II) provide special preferences for Haiti and were extended in 2015 until 2025.

    The latest CBERA report found that “the impact of the CBERA program on the US economy and industries continued to be small in 2019 and 2020”, which it attributed to the fact that “the value of US imports under the CBERA preference program are a
    small share of total US imports”. Turning to the future effect of the CBERA program on the US economy, including on U.S. domestic industries and US consumers, the report found that the effect ” is likely to remain minimal for most products, given the relatively small volume of imports from CBERA countries that is unlikely to grow substantially”.

    The report highlighted that the top US imports under the CBERA were petroleum oils, methanol, T-shirts of cotton, sweaters of manmade fibers, and polystyrene. The five largest CBERA exporting countries over the reporting period were Trinidad & Tobago, Haiti, Guyana, Jamaica and the Bahamas. However, Haiti, Barbados and Grenada were the beneficiary countries with the highest utilisation rate (94.7%) of the programme. It is noteworthy that Barbados moved from a utilization rate of just 38.2% in 2016 (one of the lowest) to a utilization rate of 94.7% in 2020. US imports under CBERA as a share of total US imports for consumption remained small (only 0.07% in 2020), while US imports from beneficiaries that receive program preferences as a share of total US imports from beneficiary countries were 33.8% in that same year.

    The report may be accessed here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. All views herein expressed are her personal views and should not be attributed to any institution with which she may from time to time be affiliated. You can read more of her commentaries and follow her on Twitter @LicyLaw.

  • Caricom SG holds discussions with US Secretary of State

    Caricom SG holds discussions with US Secretary of State

    (CARICOM Secretariat, Turkeyen, Greater Georgetown, Guyana)     Secretary-General of the Caribbean Community (CARICOM) Ambassador Irwin LaRocque had fruitful discussions with United States Secretary of State Mr Michael Pompeo at the CARICOM Secretariat Headquarters, Turkeyen, Guyana on Friday 18 September.

    The discussions included exchanges on the Covid-19 Pandemic and the severe economic fall-out being experienced by CARICOM Member States, the renewal of the Caribbean Basin Trade and Partnership Act (CBPTA), the de-risking of regional banks by US financial institutions and co-operation under the Caribbean Basin Security Initiative (CBSI).

    The Secretary-General took the opportunity to thank Mr Pompeo for the response by him and US Treasury Secretary Mr Steve Mnuchin to the issues raised in a letter to them by the then Chair of the Community, the Honourable Mia Mottley, Prime Minister of Barbados earlier this year. The Community sought US support for initiatives to assist in combatting among other things, the economic fall-out from the pandemic.

    Ambassador LaRocque emphasised the need for CARICOM Member States to have access to concessional development financing which is denied to them due to the criteria applied of GDP per capita and the classification of Member States as middle income in that context. This access, he noted, was critical as the Region sought to emerge from the grave economic crisis brought on by Covid-19 as well as to build resilience to natural disasters.

    The preceding is a press release from the Caricom Secretariat.

  • Witnesses call for renewal of Caribbean Basin Trade Partnership Act at US House Hearing

    Witnesses call for renewal of Caribbean Basin Trade Partnership Act at US House Hearing

    On Thursday, September 10, 2020, the United States (US) House of Representatives’ Ways and Means Committee held a hearing to consider the renewal of the Caribbean Basin Trade Partnership Act (CBTPA), one of the constituent pieces of legislation of the Caribbean Basin Initiative.

    Five witnesses participated in the hearing. They were:

    The Honorable Hervé H. Denis, Ambassador of the Republic of Haiti, the Embassy of the Republic of Haiti

    Mr. Georges Sassine, Board Member and Former President, Association des Industries d’Haïti

    Ms. Lauren Stewart, Regional Program Director, Americas, Solidarity Center

    Ms. Beth Baltzan, Principal, American Phoenix Trade Advisory Services PLLC

    Mr. Jerry Cook, Vice President, Government and Trade Relations, Hanesbrands, Inc

    Written versions of their testimony and the recording of the hearing may be viewed on the official page here.

  • US Request for CBERA Waiver Extension Approved by WTO General Council

    US Request for CBERA Waiver Extension Approved by WTO General Council

    Alicia Nicholls

    The World Trade Organization (WTO)’s General Council on October 16, 2019 approved the request by the United States (US) for a further extension of the waiver for the trade preferences it extends to certain Caribbean countries pursuant to the Caribbean Basin Economic Recovery Act (CBERA) of 1983 and its subsequent amendments.

    The CBERA is a major legislative component of the Caribbean Basin Initiative, a unilateral preferential programme operated by the US since the 1980s which extends duty-free treatment for most goods from beneficiary countries entering the US with the view to promoting economic development in the beneficiary countries. The programme is non-reciprocal as these countries are not required to extend similar treatment to US goods.

    Initially, the programme also included the Dominican Republic and several Central American countries as well, but these ceased being beneficiaries after entering into free trade agreements (FTAs) with the US.

    Seventeen Caribbean countries and territories currently benefit from the programme. These are: Antigua and Barbuda, Aruba, The Bahamas, Barbados, Belize, Curaçao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad and Tobago, and the British Virgin Islands. Haiti also enjoys additional benefits under the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2006, the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008, and the Haitian Economic Lift Program Act of 2010.

    Because the US only extends this preferential treatment to a select group of countries, the programme would be in violation of the non-discrimination principles undergirding the WTO, most specifically, paragraph 1 of Article I of the WTO’s General Agreement on Tariffs and Trade (GATT) which speaks to Most Favoured Nation treatment. The US has, therefore, had to request waivers of its obligations under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and paragraphs 1 and 2 of Article XIII of the GATT 1994 in order to maintain the programme.

    The US first obtained a waiver under the GATT (precursor to the WTO) in 1985 and obtained subsequent waivers under the WTO. The previous waiver decision of May 5 2015 would have expired on December 31, 2019 . The current WTO waiver decision extends the waiver until September 2025.

    In the preamble to its decision, the General Council listed several factors it took into consideration. Among these were:

    • the exceptional situation of the CBERA and CBTPA beneficiary countries, and the stated objective of the CBERA as amended to assist the trade and economic development and recovery of Caribbean Basin countries by encouraging the expansion of productive capacity in those countries in response to more liberal access and to new trading opportunities;
    • the preferential treatment provided under the CBERA as amended will not alter benefits provided under the US Generalized System of Preferences to other developing countries; that the duty-free treatment provided under CBERA should not prejudice the interests of other Members not benefiting from such treatment, and that it is expected that the extension of such duty-free treatment will not cause a significant diversion of United States imports of products eligible under CBERA originating in Members who are not beneficiary countries;
    • assurances given by the United States that it will promptly enter into consultations, on request, with any interested Member with respect to any difficulty or matter that may arise as a result of the preferential treatment provided under the CBERA as amended.

    Under the waiver, the US is required to submit to the General Council an annual report on the implementation of the trade-related provisions of the CBERA with a view to facilitating the annual review provided for in paragraph 4 of Article IX of the WTO Agreement. It is also required to promptly notify the General Council of any trade-related measure taken under CBERA, in particular, any changes in the designation of beneficiary countries, as well as any modification being considered in the list of eligible products and the duty-free treatment provided. The US is also required to give the General Council all the information it may deem appropriate relating to such action. The United States is additionally required to consult with regard to any modification being considered in the list of eligible products

    In September, the US International Trade Commission recently released its biennial report on the programme’s operation. The report found that overall, the US’ total imports from CBERA countries grew from $5.8 billion in 2017 to $6.1 billion in 2018. This translates to an increase of 4.7 percent. Turning specifically to US imports under the CBERA programme, those grew from $1.5 billion in 2017 to $1.7 billion in 2018, an increase of 9.1 percent. US imports under CBERA accounted for 27.8 percent of all imports from CBERA beneficiaries.

    The waiver decision may be found on the WTO’s document’s portal.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries 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.