Caribbean Trade Law and Development

Category: Trade

  • Caribbean Trade & Development Digest – June 24 – July 1, 2018

    Caribbean Trade & Development Digest – June 24 – July 1, 2018

    Welcome to the Caribbean Trade & Development Digest for the week of June 24-July 1, 2018! We are happy to bring the trade and development headlines and analysis from across the Caribbean Region and the world from the past week.

    REGIONAL

    The major regional trade headlines this week

    Barbados and IMF to begin negotiations this week

    BarbadosToday: Barbados has put together a strong negotiating team and is ready to engage in discussions with the International Monetary Fund’s (IMF) representatives from July 2 to 12. Read more

    Over 200 heads of State and officials to attend CARICOM Meeting in Jamaica 

    Telesur: Over two hundred foreign officials from the Caribbean Community, or Caricom, are preparing to make their way to Jamaica for the organization’s 39th Regular Meeting of the Conference of Heads of Government. Read more

    Premier takes OT-UK fight to CARICOM

    Cayman27: Premier Hon. Alden McLaughlin is taking his case to Caricom leaders to enlist the help of Cayman’s regional partners. This as he continues his battle against the UK’s imposition of public beneficial ownership registries on Overseas Territories. Read more

    Cuba’s President will be special guest at CARICOM Summit

    Prensa Latina: Cuban President Miguel Diaz-Canel will be one of the special guests of the 39th Regular Meeting of the Conference of Heads of Government of the Caribbean Community (CARICOM), the regional entity reports today. Read more 

    CARICOM Meeting in Jamaica is time for frankness, says Holness

    Jamaica Observer: If Prime Minister Andrew Holness fails to represent us well at the Caricom Single Market and Economy (CSME) meeting he will merit the anger of many yet unborn. He was not among West Indian students in London who took oaths to merge our islands, so he may speak frankly. Read more 

    INTERNATIONAL

    RCEP on track for substantial agreement by year-end in big win for free trade: Chan Chun Sing

    Strait Times: Trade ministers of 16 countries that account for 30 per cent of global trade have re-affirmed their resolve for a regional trade deal that will benefit economies at different levels of development.  Read more 

    South Africa to sign African free trade agreement

    Fin24: South Africa on Sunday will sign the African Continental Free Trade Area (AfCTFA) agreement, Trade and Industry Minister Rob Davies confirmed. Read more

    Canada retaliatory tariffs on US come into force

    BBC: Canada’s countermeasures against the Trump administration’s steel and aluminium levies have come into effect. On Sunday, the day the country celebrates its national holiday, Canada imposed a 25% tariff on assorted US metals products. Read more 

    Japan PM Shinzo Abe says Asia-Pacific can fly flag for free trade  

    Strait Times: Japanese Prime Minister Shinzo Abe, in an impassioned rallying cry for free trade, on Sunday (July 1) urged Asia-Pacific countries to take the lead to further the free, fair and rules-based economic order. Read more 

    Japan passes bills to ratify Trans-Pacific deal

    Nikkei Asian Review: Japan’s parliament passed bills ratifying a comprehensive trans-Pacific trade deal on Friday, paving the way for the pact to take effect, which its backers say will create a “trade deal for the 21st century.” Read more

    Trade barriers: EU removes record number in response to surge in protectionism

    EU: The annual report on Trade and Investment Barriers, released today, shows that the European Commission has eliminated the highest number ever of trade barriers faced by EU companies doing business abroad. European exporters reported a major increase in protectionism in 2017. Read more 

    AU Summit focused on challenges, progresses

    Prensa Latina: The African Union (AU) today highlighted the progress made this year on several fronts, when the continent seeks to achieve peace, development and unity. Read more 

    WTO issues panel report on tobacco plain packaging 

    WTO: On 28 June the WTO circulated the panel report in the cases brought by Honduras, the Dominican Republic, Cuba and Indonesia in “Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging” (DS435, DS441, DS458 and DS467). Read more 

    Hong Kong will pursue more free trade agreements, says official

    Strait Times: Hong Kong will continue to pursue free trade agreements (FTAs) as trade is not a zero-sum game, said its secretary for commerce and economic development. Read more

    Namibia signs Continental Free trade agreement

    NBC (Namibia): Namibia has joined the Continental Free Trade Area (ACFTA) agreement worth over US$2 trillion. Read more

    Turkey, EFTA expand free trade agreement

    Hurriyet Daily News: Turkey and the European Free Trade Association (EFTA) countries—Iceland, Liechtenstein, Norway, and Switzerland—signed an agreement on June 25 to enlarge their free trade agreement (FTA). Read more

    Experts applaud intra Africa trade

    ENCA: Experts say intra-Africa trade has the greatest potential for building sustainable economic development and integration on the continent. Read more 

    Trump reportedly wants the US to withdraw from the WTO

    CNBC: President Donald Trump is not a fan of the World Trade Organization. Axios is reporting that Trump has told several top White House officials he wants to withdraw the United States from the WTO. Read more

    Trump to delay signing NAFTA deal until after mid-term elections

    The Guardian: Donald Trump intends to delay signing a revised version of the North American Free Trade Agreement (Nafta) until after the midterm elections, a move aimed at reaching a better deal with Canada and Mexico. Read more 

    Mexico’s presidential forerunner could shake up NAFTA and Trump

    CNBC: Mexicans will head to the polls Sunday in an election that’s set to bring a paradigm political shift to the country. Read more

    EU withdrawal bill officially becomes law

    BBC: The government’s flagship Brexit legislation has officially become law, Speaker John Bercow has announced. Read more 

    NEW ON CTLD BLOG

    5 things the UK’s EU (Withdrawal) Act of 2018 does

    The Golding Report Adopted by Jamaica Government: What Next?

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  • 5 things the UK’s EU (Withdrawal) Act of 2018 does

    5 things the UK’s EU (Withdrawal) Act of 2018 does

    Alicia Nicholls

    After months of heated debate, the United Kingdom’s European Union (Withdrawal) Bill, more colloquially called the ‘Brexit Bill’, received the Royal Assent on June 26th, transforming it into law.

    Here are five quick things the EU (Withdrawal) Act of 2018 does:

    1.Defines Brexit or ‘Exit day’

    The UK’s official ‘exit day’ from the EU is now defined in statute as March 29, 2019 at 11:00 pm. However, the Act allows amendment of this date via regulation to ensure it conforms with the date on which the EU treaties are to cease to apply to the UK as per Article 50(3) of the Treaty on European Union (Lisbon Treaty), that is, from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification of withdrawal unless the European Council, in agreement with the UK, unanimously decides to extend this period.

    2.Repeals the European Communities Act, 1972 on ‘exit day’

    The European Communities Act (ECA), 1972 provided for the UK’s accession to the European Communities. Per the EU (Withdrawal) Act, the ECA will be deemed repealed on March 29, 2019 at 11:00 pm (Exit Day).

    3.Saves EU-derived domestic legislation and direct EU legislation with exceptions

    The Act saves EU-derived domestic legislation and direct EU legislation which is in operation immediately before exit day, meaning it continues to have effect in domestic law on and after the exit day, but does not include any enactment in the European Communities Act, 1972 (which would be repealed). It also provides a guide for the interpretation of EU derived law.

    But there are important exceptions. For instance, the rule of supremacy of EU law and the Charter of Fundamental Rights will obviously no longer apply on and after exit day. Additionally, while there is nothing preventing UK courts from having regard to EU courts’ interpretation of retained EU law, they will no longer be bound to principles decided by the European Court and will no longer refer matters to the court.

    4.Parliamentary Approval Required for Outcome of EU Negotiations

    The Act mandates parliamentary approval for the ratification of the withdrawal agreement and outlines a detailed process at section 13(1) for same.

    5.Makes some prescriptions

    With respect to the UK’s future relationship with the EU, the Act requires the Government to lay before both Houses of Parliament before the end of October 31, 2018 a written statement outlining the steps taken towards negotiating a customs arrangement as part of the post-Brexit EU-UK relationship. Another example is the requirement placed on the Government to seek to negotiate on the UK’s behalf an agreement with the EU dealing with family unity for those seeking asylum or other protection in Europe.

    The full text of the European Union (Withdrawal) Act may be viewed here.

    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.

  • The Golding Report Adopted by Jamaica Government: What Next?

    The Golding Report Adopted by Jamaica Government: What Next?

    Alicia Nicholls

    Last week the Report of the Commission to Review Jamaica’s Relations within the CARICOM and CARIFORUM Frameworks, commonly referred to as the “Golding Report” after the Commission’s distinguished Chairman, the Honourable Bruce Golding, former Prime Minister of Jamaica, was debated and adopted by the Jamaica House of Representatives. We now finally have some idea of what is the official position by the Government of Jamaica on the report which was commissioned by the Most Honourable, Andrew Holness, Prime Minister of Jamaica and completed nine months later in March 2017.

    Initial fears that the report would serve as the basis for a Jexit (Jamaica’s exit from the CARICOM), akin to the country’s withdrawal from the West Indies Federation in 1961, have been allayed somewhat. Official statements from the Jamaican Government do not evince an intention to leave CARICOM and the Government appears convinced, at least for now, that the CARICOM Single Market and Economy (CSME) is the best raft for navigating increasingly uncertain global economic and policy waters.

    The 51-page report sought to examine Jamaica’s relations within CARICOM and CARIFORUM, but has presented another opportunity for introspection by CARICOM leaders and other stakeholders on what has been achieved, where we have failed and what is needed to move forward. The fact that consultations were held with persons not just from Jamaica, but also from across the wider CARICOM shows that the Report was not solely insular in focus.

    The Holness Government has indicated that it would not push for the five-year deadline for full CSME implementation recommended by the Report, calling the timeline “unrealistic”. Instead, Mr. Holness stated that the Government would “get commitments from the various heads for the full and effective implementation of the Common Market, which are things that we can do within the five years.”

    The Holness Government has also thrown its support behind a review of the CARICOM contribution scale of fees payable to the Secretariat and other bodies. Jamaica is currently the second largest contributor (23.15%) and is working to reduce its arrears of just under $500 million. Jamaica is not the only Member State to owe arrears, but the lack of information on the level of arrears owed by Member States was one of the transparency issues raised in the report.

    In his contribution to the debate on the Report in the Lower House, Mr. Holness further noted that some of the report’s thirty-three recommendations were more immediately implementable than others, and there was need for some flexibility. The Leader of the Opposition, PNP Leader, Dr. Peter Phillips, also supported the report.

    Disappointingly, there has been no public reaction by CARICOM leaders to the report so far, aside from the comments made by Prime Minister of St. Vincent & the Grenadines, Dr. the Honourable Ralph Gonsalves. No reference was made to the Report in the Communique from the 29th Intersessional Meeting, but the report is likely to be one of the agenda items at the upcoming 39th Regular Meeting of the Conference of the Heads of Government of the Caribbean Community (CARICOM) carded for July 4-6 in Jamaica.

    At the two-day Stakeholder Consultation on the CARICOM Single Market and Economy (CSME) held at the Ramada Princess Hotel in Georgetown, Guyana June 8-9, the Honourable Bruce Golding, who was one of the presenters, noted that the CARICOM Secretariat was not to blame for the implementation deficit.

    The Jamaica Government should be lauded for this effort. The Report, which has been the most comprehensive report on CARICOM since the Ramphal Commission’s Time for Action Report of 1992, also addresses issues such as transparency, financing and accountability. The report’s recommendations, most of which are not new, are however, far-reaching. Among the more novel recommendations are the proposed establishment of an Office of an Auditor-General, a Central Dispute Settlement Body, and greater involvement of the private sector.

    More could have been said in the Report about ensuring buy-in by future generations by increasing youth participation and engagement in the regional integration process, such as through the expansion of the CARICOM Young Ambassadors Programme, the establishment of a CARICOM Young Professionals Programme at the CARICOM Secretariat or across its institutions, or at least providing greater opportunities for young persons to see first hand the work of the Secretariat through internships.

    Like the many reports and studies before it, the Golding Report presents an important opportunity for conversation and dialogue, but talk must be parlayed to action. Jamaica will assume chairmanship of the Conference of Heads of Government under its rotational system from July 1-December 31, 2018, and Mr. Holness will have an opportunity within his six month chairmanship to hopefully influence how much attention is paid to the report and its recommendations, and what should be the next steps.

    It is hoped that the Golding Report will not suffer the fate that so many previous studies on CARICOM suffered, that is, being relegated to “File 13”. The report should provoke serious introspection about whether the CSME is really what we want. What concrete steps are we willing to take to implement the commitments made under the Revised Treaty of Chaguaramas?

    Leaders of CARICOM countries must not just be willing to make commitments but be champions for their implementation domestically. The election result in Barbados, which under the quasi-cabinet has lead for the Single Market (including Monetary Union), presents some cause for hope. The new Prime Minister, the Honourable Mia Amor Mottley, has taken a more pro-integration stance than seen in the previous administration, and one of her first acts was to remove the visa requirement for citizens from Haiti, which is not yet a CSME participatory but is a CARICOM Member State.

    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.

  • Caribbean Trade & Development Digest – June 17-23, 2018

    Caribbean Trade & Development Digest – June 17-23, 2018

    Welcome to the Caribbean Trade & Development Digest for the week of June 17-23, 2018! We are happy to bring the trade and development headlines and analysis from across the Caribbean Region and the world from the past week.

    REGIONAL

    The major regional trade headlines this week focused on the debate  and adoption in the Jamaica House of Representatives of the Report of the Commission to Review Jamaica’s Relations within the CARICOM and CARIFORUM Networks (commonly referred to as the Golding Report after its chairman, former Jamaican Prime Minister, the Hon. Bruce Golding).

    Golding Report Headlines

    These headlines may be found here:

    Jamaica House of Representatives Adopts Report on CARICOM

    JIS: The House of Representatives on Tuesday (June 19) adopted the Report of the Commission to Review Jamaica’s Relations within the CARICOM and CARIFORUM Frameworks. Read more 

    Jamaica will Continue Relations with CARICOM– PM Holness

    JIS: Prime Minister Andrew Holness has reiterated that Jamaica will continue its relationship with the CARICOM. Read more 

    Does Caricom need a WTO-type dispute-resolution system?

    Jamaica Observer: It cannot be gainsaid that an effective dispute-settlement system is required in any regional trade agreement to ensure the legitimacy of the trade arrangement. Read more 

    Jamaica PM Supports Review of CARICOM Contribution Scale

    St. Kitts & Nevis Observer: Jamaica’s Prime Minister Andrew Holness has embraced the Bruce Golding-led Caribbean Community (CARICOM) Review Commission’s proposal for greater equity in the assessment and calculation of fees payable to the CARICOM Secretariat and agencies by member states. Read more

    Jamaica Isn’t Accepting Recommendation to Give CARICOM Ultimatum on CSME Implementation

    Caribbean360: Jamaica’s Parliament has adopted the report of the commission set up to review the country’s relations within the Caribbean Community (CARICOM), but Prime Minister Andrew Holness says government will not insist on the five-year timeline for the implementation of the CARICOM Single Market and Economy (CSME), as recommended in the document. Read more

    Minister Shaw Calls for Fair and Rigorous Application of Revised Treaty of Chaguaramas

    JIS: Minister of Industry, Commerce, Agriculture and Fisheries, Hon. Audley Shaw, says that the provisions of the Revised Treaty of Chaguaramas must be applied fairly and rigorously in order to result in increased economic development in the region. Read more

    Other Regional Headlines 

    EU – African, Caribbean and Pacific countries future partnership: Council adopts negotiating mandate

    EU: On 22 June 2018, the Council adopted the negotiating mandate for the future agreement between the EU and the African, Caribbean and Pacific (ACP) countries. Read more

    EU and 79 ACP Countries Aim at New Partnership to Address Global Challenges

    InDepthNews: The heads of state or government of the 28 EU member states, constituting the European Council, have authorized the European Commission to open negotiations for a new partnership agreement with 79 countries in Africa, the Caribbean and the Pacific (ACP). The Group’s Secretary-General Dr. Patrick I. Gomes has greeted the decision. Read more

    (Trinidad) Exports up, imports down

    Newsday (T&T): T&T Exports rose by 11 per cent in the last quarter of 2017, while imports decreased by 1.5 per cent, year on year, the latest data from the Central Bank has shown, and as expected, the uptick in the energy sector is the reason. Read more 

    Fewer Jamaicans Denied Entry to T&T

    JIS: The number of Jamaicans being denied entry into Trinidad and Tobago (T&T) continues to decline. Read more 

    More engagement needed between CARICOM and Caribbean Diaspora 

    South Florida Caribbean News: Guyana’s Ambassador to the United States Dr. Riyad Insanally has suggested that there be a more structured process of engagement between the Caribbean Diplomatic Caucus  in Washington DC and the Caribbean diaspora to ensure that efforts to advance the cause of the region and its people are well defined and co-ordinated. Read more 

    Implications for the Caribbean… as US imposes tariffs on steel, aluminium

    The Guardian: The Trump administration imposed tariffs on steel and aluminium imports from Canada, Mexico, and the European Union effective June 1, 2018. The implementation of the tariffs are designed to protect the US steel and aluminium industry from foreign producers that undercut domestic prices. Read more

    City chamber launches trade councils with India, Canada and Cuba

    Stabroek: The Georgetown Chamber of Commerce and Industry (GCCI) yesterday launched three trade facilitation councils in efforts to operationalize memoranda of understanding (MoU) signed with Cuba, India and Canada. Read more 

    Cuba Seeking Trade, Investment from Wider Caribbean

    St Kitts & Nevis Observer: Businesses in Jamaica and the wider Caribbean are being encouraged to explore opportunities for trade and investment with Cuba. Deputy Minister of Foreign Affairs for Cuba, Rogelio Sierra Diaz, said his Government is seeking to widen cooperation with countries in the region under its foreign investment law. Read more 

    T&T reaffirms trade ties with Cuba

    Sunday Express: Minister of Trade and Industry Paula Gopee-Scoon recently met with Cuba’s Vice Minister of Foreign Affairs Rogelio Sierra Diaz to discuss, among other things, opportunities for increased trade with Cuba. Trinidad and Tobago is currently Cuba’s largest Caricom trading partner, recording 80 per cent of trade in the region. Read more 

    INTERNATIONAL

    It was another rollercoaster week in international trade policy news. Norway added itself to the growing list of countries challenging the US’ steel and aluminium duties. Meanwhile, the tariff war between the US, EU and China continued to escalate. 

    Norway initiates WTO dispute complaint against US steel, aluminium duties

    WTO: Norway has requested WTO dispute consultations with the United States regarding US duties on certain imported steel and aluminium products. The request was circulated to WTO members on 19 June. Read more 

    NAFTA’s fate could change timing of 2019 federal election: expert

    Global News: An expert on Canada-U.S. relations says he could see Prime Minister Justin Trudeau triggering a federal election earlier than planned next year if the trade war with the United States continues to escalate and NAFTA falls to pieces. Read more

    Negotiators must redouble efforts as clock ticks on NAFTA

    The Hill: After a short cooling off period, the North American Free Trade (NAFTA) negotiators need to redouble efforts to forge an agreement this summer that all three countries find beneficial. Read more 

    WTO members intensify discussions on standards

    WTO: WTO members continued their three-year review of the Technical Barriers to Trade (TBT) Agreement, proposing ideas on how to improve implementation of the Agreement at a TBT committee meeting on 19-21 June. Read more 

    Brexit: PM urged to speed up no-deal Brexit plans

    BBC: Theresa May must prepare to exit the EU with no deal to have “real leverage” in Brexit negotiations, a letter from 60 politicians and business figures says. Read more

    US unveils new veto threat against WTO rulings

    CGTN: The United States ramped up its challenge to the global trading system on Friday, telling the World Trade Organization that appeals rulings in trade disputes could be vetoed if they took longer than the allowed 90 days. Read more

    Commission reports on progress in trade talks with Chile and Mercosur

    EU: As part of its commitment to a transparent trade policy, the Commission today published reports from the latest negotiating rounds with Chile and Mercosur. Read more 

    EU and New Zealand launch trade negotiations

    EU: Today, in the capital of New Zealand, Wellington, Commissioner for Trade Cecilia Malmström and New Zealand’s Minister for Trade David Parker officially launched talks for a comprehensive and ambitious trade agreement. Read more 

    EU adopts rebalancing measures in reaction to US steel and aluminium tariffs

    EU: The European Commission adopted today the regulation putting in place the EU’s rebalancing measures in response to the US tariffs on steel and aluminium. The measures will immediately target a list of products worth €2.8 billion and will come into effect on Friday 22 June. Read more

    EU Pushes for a Revamp of the World Trade Organization

    Bloomberg: European Union leaders plan to push for improvements in the way the World Trade Organization operates, saying it’s important to uphold the global commercial order amid “growing” tensions prompted by U.S. President Donald Trump’s tariffs. Read more 

    Liked this issue? To read past issues of our weekly Caribbean Trade & Development Digest, please visit here. To receive these mailings directly to your inbox, please follow our blog.