Caribbean Trade Law and Development

Category: WTO

  • Caribbean Trade & Development Digest – October 20-26, 2019

    Caribbean Trade & Development Digest – October 20-26, 2019

    Welcome to the Caribbean Trade & Development News Digest for the week of October 20-26, 2019! 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.

    THE WEEK’S HIGHLIGHTS

    South Korea has agreed to give up its ‘developing country’ status in future negotiations at the WTO. This move is in light of increased US pressure for a change in the current system of self-designation as a developing country at the WTO. Read here.

    The Caribbean Court of Justice (CCJ) held a two-day hearing in its first ever application for an Advisory Opinion. At the end of the second day, the judges indicated that they would deliver their decision in a “reasonable time”. Read more here.

    The World Bank has released its latest Doing Business Report (2020). Find out how the Caribbean fared here.

    REGIONAL NEWS

    Bermuda Launches Two Key Fintech Initiatives, Becomes First Nation to Accept Stable Coins for Government Payments

    National Law Review: On Oct. 16, 2019, Bermuda Premier the Hon. E. David Burt JP, MP announced that Bermuda has committed to accept, for payment of government taxes, fees, and services, 1:1 U.S.-dollar-backed digital currencies of entities licensed by the Bermuda Monetary Authority (BMA) under the 2018 Digital Asset Business Act (DABA), becoming the first nation to do so. Read more

    Antigua To Sell Shares In State-Owned Oil Company

    Jamaica Gleaner: The Antigua and Barbuda government says it is to sell 10 per cent of its shares in the state-owned West Indies Oil Company (WIOC). Read more

    Belize Senate ratifies UK-CARIFORUM trade treaty

    Breaking Belize News: Тhе Ѕеnаtе mеt іn ѕресіаl ѕеѕѕіоn thіѕ mоrnіng іn rесоrd tіmе tо rаtіfу а trеаtу ѕаfеguаrdіng trаdе bеtwееn Веlіzе аnd fеllоw Саrіbbеаn ѕtаtеѕ аnd thе Unіtеd Кіngdоm. Read more

    CARICOM to await CCJ decision on waiver for free movement

    Jamaica Observer: The five (5) Justices of the Caribbean Court of Justice (CCJ) have promised, at a “reasonable time,” to deliver their decision on whether countries within the Caribbean Community (CARICOM) can lawfully, under the legal framework of the organisation, choose to opt-out of obligations set out in the Caribbean Single Market and Economy (CSME) agreement. Read more

    The Caribbean exhibits record of reforms in business sector in 2018

    Prensa Latina: The economies in the Caribbean carried out a record of 19 reforms during 2018 to help private national companies do business, a report released today by the World Bank (WB) says. Read more

    Jamaica Opposition welcomes reversal in Ease of Doing Business ranking

    Jamaica Observer: People’s National Party (PNP) shadow minister of Industry, Competitiveness & Global Logistics Anthony Hylton has welcomed the reversal in Jamaica’s ranking in the World Bank’s Ease of Doing Business Report 2020. Read more

    Agricultural woes: building a domestically and internationally competitive sector

    Dominica News Online: Finding agricultural products that can compete both on the domestic and international markets has been singled out as one of the major challenges facing the sector in the region. Read more

    INTERNATIONAL NEWS

    Nigeria’s border closure has implications for Africa’s economic integration

    The Conversation: Nigeria recently partially closed its border with Benin in an effort to stem the smuggling of rice. It then went on to close its land borders to the movement of all goods from Benin, Niger and Cameroon, effectively banning trade flows with its neighbours. Read more

    China Signs its First African Free Trade Agreement with Mauritius

    China Daily Briefing: China and Mauritius signed a free trade agreement (FTA) on October 17. This is China’s first FTA with an African nation. The agreement will reportedly give Mauritius duty-free access to about 8,547 products, representing 96 percent of Chinese tariff lines. Read more

    RCEP deal hangs in balance even as India, other members resolve some issues

    Livemint: India and other member countries of Regional Comprehensive Economic Partnership (RCEP) may have resolved differences related to investor to state dispute settlement (ISDS) mechanism and data localization, but issues such as India’s demands to shift the base year for tariff cuts to 2019 and an auto-trigger mechanism to check import surge from China may make or break a deal. Read more

    China submits 7th offer to join government procurement agreement at WTO

    Xinhua: China has submitted the 7th offer to join the World Trade Organization’s (WTO) Agreement on Government Procurement (GPA), which added the military sector for the first time, according to the Ministry of Finance. Read more

    China’s New Investment Law a Positive Step, Foreign Firms Say

    Bloomberg: China’s new law governing foreign investment will take effect next year. Read more

    US-China Trade Truce: Cautious Optimism or Reasonable Pessimism?

    Modern Diplomacy: China and the United States have achieved tangible progress in their recent round of trade talks. This has given rise to cautious optimism about the possibility of striking a deal, writes the Chinese edition of Global Times. Read more

    Brexit: European leaders agree extension to 31 January

    BBC: EU leaders have agreed in principle to extend Brexit until 31 January 2020 – meaning the UK will not leave as planned on Thursday. Read more

    Breaking down the path forward for the USMCA

    Politico: With fewer than two dozen legislative days left in the year, the pressing question for the USMCA is not just whether U.S. Trade Representative Robert Lighthizer and House Democrats will be able to reach a deal, but whether they still have enough time to get it done by 2020. Read more

    The EU should be leading this new era of FTAs, shaping new standards and spurring on growth

    Euronews: The next EU Trade Commissioner faces a daunting in-tray. Certainty is in short supply and difficult decisions abound. Many of them are marked urgent. Read more

    China asks WTO for $2.4 billion sanctions against U.S. in latest clash

    Reuters: China is seeking $2.4 billion in retaliatory sanctions against the United States for failing to comply with a World Trade Organization ruling in a case that highlights White House complaints about the global trade body. Read more

    STRAIGHT FROM THE WTO

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    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:

  • 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.

  • Caribbean Trade & Development Digest – October 6-12, 2019

    Caribbean Trade & Development Digest – October 6-12, 2019

    Welcome to the Caribbean Trade & Development News Digest for the weeks of October 6-12, 2019! 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.

    THE WEEK’S HIGHLIGHTS

    The WTO held its annual Public Forum. This year’s theme was ‘Trading Forward: Adapting to a Changing World’. The 2019 World Trade Report was also released.

    Commonwealth Trade Ministers met on October 10 and have called on world leaders to reject protectionism and reform the WTO. The communique may be read here.

    With just two weeks to go before the UK’s scheduled departure from the EU, Brexit talks between the UK and EU remain at a stalemate despite a weekend of intense negotiations. Read more

    REGIONAL NEWS

    EU slaps 5-year tariff on Trinidad & Tobago fertilisers

    Newsday: This follows a European Commission (EC) final ruling on October 8, based on a complaint by Fertilizers Europe in June last year, claiming TT, Russia and the US were dumping product, resulting in material injury to European producers. Read more

    Antigua drops demand for LIAT shares

    Barbados Today: In an abrupt move, Prime Minister Gaston Browne has declared that he has told Prime Minister Mia Mottley that Antigua and Barbuda has found $40 million to pump in LIAT and no longer wants to buy Barbados’ shares in the cash-strapped carrier, Antigua Newsroom has reported. Read more

    Caribbean trade ministers want end to protectionist policies, reform of WTO

    Jamaica Observer: Caribbean Community (Caricom) trade ministers have joined their counterparts from the Commonwealth in calling for an end to trade protectionism and an urgent reform of the World Trade Organisation (WTO), which sets the global rules for international trade. Read more

    Barbados Car imports feel ASYCUDA pinch

    Barbados Today: The inability to clear vehicles at the Bridgetown Port as a result of issues with the ASYCUDA World system is threatening to put the brakes on Barbados’ largest importer of electric vehicles. Read more

    Drought lands “major blow,” but CARICOM and Belize sugar will be protected

    Breaking Belize News: Last week key sectors of agriculture and aquaculture along with trade from across the Caribbean met in Belize simultaneously for a full week. Read more

    CARICOM countries on alert for major diseases affecting pigs and bananas

    Breaking Belize News: A pair of deadly diseases poses imminent risk to two key industries, according to the Council for Trade and Economic Development (COTED), which wrapped up its meeting in Belize on Friday. Read more

    Health Minister Highlights Negative Effects Of Illicit Trade In Tobacco Products

    JIS: Minister of Health and Wellness, Dr. the Hon. Christopher Tufton, says the growing illicit trade in tobacco products is a clear and present danger to public health in the Caribbean and the rest of the world. Read more

    Jamaica Competitiveness Ranking Dips

    Jamaica Gleaner: Jamaica, which suffers from high crime and lack of export-led growth, slipped by one spot in competitive rankings, according to the Global Competitiveness Report 2019, published this week by World Economic Forum, or Weforum. Read more

    TTCSI welcomes 2020 Budget incentives for export businesses

    LoopTT: Government’s prioritisation of the expansion of exports has found favour with the Trinidad and Tobago Coalition of Services Industries (TTCSI). Read more


    INTERNATIONAL NEWS

    RCEP trade ministers’ talks end in impasse

    Financial Express: No joint statement will be issued, as certain key issues are yet to be resolved, even after two days of intense negotiations on October 11 and 12, according to one of the sources. Read more

    Staying out of RCEP trading bloc will only isolate India: Piyush Goyal

    Livemint: In a clear indication of India’s intentions ahead of the final ministerial meeting of the Regional Comprehensive Economic Partnership (RCEP) grouping on Saturday, trade minister Piyush Goyal on Thursday defended the free trade agreement among the 16 economies, holding that India cannot remain isolated in a globalized world. Read more

    Asean nations to exchange trade documents via ASW by year-end

    Business Mirror: The Philippines and seven other members of the Association of Southeast Asian Nations (Asean) will exchange customs and trade-related documents over a platform that is intended to facilitate cargo clearance and economic integration of Asean countries by year-end. Read more

    US-China trade deal: What it is, is not and may become

    The Hill: The U.S.-China trade agreement outlined on Friday is an act of cooperative rivalry. It brings immediate value to both sides while deferring strategic questions about future relations between the world’s two superpowers. Read more

    WTO is in crisis and Europe Must Step Up

    Bloomberg: The World Trade Organization is in crisis and needs reform to play its global role effectively, according to the trade minister of Finland, which currently holds the rotating European Union presidency. Read more

    International Chamber of Commerce issues recommendations to reform global trade

    ICC: Recognising the challenges, criticism and unprecedented pressure faced by the World Trade Organization (WTO) system, the International Chamber of Commerce (ICC) has unveiled a groundbreaking set of recommendations to guide the future of international trade. Read more

    WTO urges quick ban on harmful fisheries subsidies

    France24: The World Trade Organization on Tuesday called for countries to speed up talks aimed at hammering out an agreement on banning harmful fisheries subsidies. Read more

    Asia-Pacific needs the WTO to stay relevant in an increasingly uncertain world

    South China Morning Post: To walk along the autumn shoreline of Lake Geneva to the headquarters of the World Trade Organisation (WTO), kicking fallen conkers from horse chestnut trees, is to occupy a steady, constant world light years away from the conflicts and challenges addressed by the many United Nations institutions settled there for the past 70 years. Read more

    UK Trade minister Truss backs WTO reform before Brexit

    Euronews: British trade secretary Liz Truss said she opposed protectionism but backed U.S. President Donald Trump’s calls to reform the World Trade Organization (WTO). Read more

    STRAIGHT FROM THE WTO

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  • Caribbean Trade & Development Digest – September 15-October 5, 2019

    Caribbean Trade & Development Digest – September 15-October 5, 2019

    Welcome to the Caribbean Trade & Development News Digest for the weeks of September 15-October 5, 2019! 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 weeks.

    HIGHLIGHTS

    The India-CARICOM Leaders’ Summit was held on the sidelines of the 74th session of the UN General Assembly. Read more about the meeting here.

    The WTO has cut its global trade growth forecast again. World merchandise trade volumes are now expected to rise by only 1.2% in 2019, substantially slower than the 2.6% growth forecast in April. Read the full outlook here.

    In the latest installment of the 15 year Boeing-Airbus saga between the US and the EU, a WTO arbitrator on October 2 authorised the US to impose tariffs up to $7.5 billion worth of European exports annually in retaliation for illegal government aid to Airbus. Read the full ruling here.

    With just three weeks to go before the UK is officially due to leave the EU, the UK PM Boris Johnson has made a new Brexit proposal regarding the Ireland-Northern Ireland border issue. Read the proposal here.

    REGIONAL NEWS

    India, CARICOM agree to create task force for trade, diversification

    LoopTT: The meeting concluded with a decision to create a joint India/CARICOM task force which will develop and implement concrete plans to further advance trade and facilitate diversification in the region. Read more

    No change

    Barbados Today: The UK’s Department for International Trade (DIT) in Bridgetown Barbados hosted a trade and investment reception to stimulate increased business opportunities between the UK and Caribbean markets. Read more

    Antigua and Barbados to continue talks over sale of LIAT’s shares

    Barbados Today: The Government of Antigua and Barbuda said that it intends to keep discussions going with Barbados with a view over the sale of the latter’s shares in the regional airline, LIAT, despite reports from other regional media houses that negotiations between both countries has fallen through. Read more

    Caribbean governments urged to take a collective approach to marijuana

    LoopSLU: St Vincent and the Grenadines Minister of Agriculture, Saboto Caesar is calling for Caricom and the Organisation of Eastern Caribbean States (OECS) to take a collective approach to the development of standards governing the negotiation of cannabis trade agreements for their member states. Read more

    CARICOM Sugar stakeholder engagement meeting held in Belize

    Breaking Belize News: Minister of Investment, Trade and Commerce, Tracy Panton, Minister of Agriculture, Godwin Hulse and the CARICOM Secretariat hosted sugar stakeholders from across the Caribbean Community at the Best Western Plus Biltmore Plaza in Belize City on October 2nd, 2019. Read more

    CARICOM and Central America make common cause on fish

    Breaking Belize News: The fishing communities of the Caribbean and Central America are meeting this week in Belize City to seek joint action on facing the problems affecting both. Read more

    Holness Reiterates Call For Concessionary Financing For CARICOM

    The Gleaner: Jamaica yesterday reiterated a call for concessionary financing for Caribbean Community (CARICOM) countries, saying that the present policy was severely hampering the socio-economic growth of the 15-member regional grouping. Read more

    Local Chamber of Commerce members meet with Indian High Commissioner

    Antigua Observer: On Monday 16th September 2019, a delegation of the local Chamber of Commerce held high-level discussions with the newly-appointed Indian High Commissioner to CARICOM, Dr. K.J. Srinivasa and his second in command, Mr. R.K. Perindia, on their first official visit since the High Commissioner’s recent posting. Read more

    INTERNATIONAL NEWS

    UK response to WTO ruling on Airbus

    UK.gov: The UK is confident that it has fully complied with WTO rulings in the Airbus dispute. Read more

    WTO members engage in exploratory talks on market access for environmental services

    WTO: WTO services negotiators debated market access issues relating to environmental services based on a new communication tabled by Australia, Canada, Mexico, New Zealand and Switzerland at an informal meeting of the Council for Trade in Services in Special Session held on 30 September 2019. Read more

    Brexit: We can do a deal if EU is willing – Johnson

    BBC: Boris Johnson has claimed his Brexit proposals have picked up support in Parliament as he urged the European Union to compromise. Read more

    EAEU signs free trade agreement with Singapore under Armenian chairmanship

    Emerging Europe: The Eurasian Economic Union (EAEU), the Russian-led economic alliance of Armenia, Belarus, Kazakhstan and Kyrgyzstan, has signed a free trade agreement with Singapore during the annual summit of the Supreme Eurasian Council, the organisation’s executive body in Yerevan, the Armenian press has reported. Read more

    High-level meeting in Peru takes aim at illegal wildlife trade

    CGTN: The jaguar, the largest cat in the Americas, is the emblem of a new initiative to combat the illegal trade in the continent’s wild animals. The iconic but threatened predator has a key role in the ecosystem but also tremendous cultural significance for the peoples of the Americas. Read more

    Nigeria, South Africa Seal 32 Trade Pacts

    AllAfrica: Nigeria and South Africa, yesterday, signed 32 bilateral agreements and memoranda of understanding covering trade and industry, science and technology, defence, agriculture and energy, thus expanding Africa’s deepest trade relationship. Read more

    WTO in ‘critical situation’, EU warns

    Euractiv: EU member states discussed on Tuesday (1 October) how to address the “critical situation” of the World Trade Organisation, as the US continues to block the renovation of its appellate body, key for the functioning of the institution. Read more

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