Caribbean Trade Law and Development

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  • World Bank Doing Business Report 2020: How did the Caribbean do?

    World Bank Doing Business Report 2020: How did the Caribbean do?

    Alicia Nicholls

    The World Bank has released its latest Doing Business Report (2020) – Sustaining the Pace of Reforms. With an overall rank of 71 out of 190 economies, Jamaica has retained its top spot as the English-speaking Caribbean’s easiest economy in which to do business, followed by St. Lucia which respectively has an overall rank of 93 out of 190 economies.

    Although several Caribbean countries were highlighted for reforms implemented in 2018/19, no Caribbean country ranks within the top 50 countries. This means that the region still has much catching up to do in terms of ease of doing business.

    Please see below the ranks of Caribbean Community (CARICOM) countries:

    Economy2020 Rank
    Jamaica71
    St. Lucia93
    Trinidad & Tobago105
    Dominica111
    The Bahamas119
    Barbados128
    St. Vincent & the Grenadines130
    Guyana134
    Belize135
    St. Kitts & Nevis139
    Grenada146
    Suriname162
    Haiti179

    Turning to the wider Caribbean, Puerto Rico is the easiest Caribbean country in which to do business with a rank of 65. The Dominican Republic ranked 115.

    Reforms and changes

    The following Caribbean countries were singled out for reforms made in improving business or changes which made business more difficult:

    EconomyArea of Reform (whether positive or negative)
    Antigua & BarbudaStarting a business (positive)
    BarbadosGetting electricity (positive)
    Registering property (negative)
    Trading across borders (positive)
    Enforcing contracts (positive)
    BelizeGetting Electricity (positive)
    Trading across borders (positive)
    GrenadaStarting a business (positive)
    GuyanaTrading across borders (negative)
    HaitiGetting credit (positive)
    JamaicaRegistering property (positive)
    Enforcing contract (positive)
    St Kitts & NevisGetting credit (positive)
    St Vincent & the grenadinesPaying taxes (positive)
    Trinidad & TobagoPaying taxes (positive)

    The international perspective

    Overall, the easiest economies in which to do business were New Zealand (1), Singapore (2), Hong Kong (3), Denmark (4) and South Korea (5). The most difficult were Libya (186), Yemen (187), Venezuela (188), Eritrea (189) and Somalia (190).

    The 10 top improvers in the 2020 report were Saudi Arabia, Jordan, Togo, Bahrain, Tajikistan, Pakistan, Kuwait, China, India, and Nigeria, and accounted for one-fifth of all the reforms recorded globally.

    The full World Bank Doing Business Report 2020 may be accessed 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.

    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.

  • CCJ First Advisory Opinion Hearing

    CCJ First Advisory Opinion Hearing

    Alicia Nicholls

    History is being made at the Caribbean Court of Justice (CCJ) which is currently hearing oral submissions in the first ever Advisory Opinion filed in the Court pursuant to Article 212 of the Revised Treaty of Chaguaramas (RTC).

    Article 212 of the RTC empowers the CCJ with exclusive jurisdiction to deliver advisory opinions concerning the interpretation and application of the RTC. Advisory opinions can be delivered only at the request of the Member States parties to a dispute or the Community.

    The present request, which was filed by the CARICOM Secretariat, concerns two substantive issues:

    (1) whether a Member State can, pursuant to Article 27(4) of the Revised Treaty of Chaguaramas, lawfully opt-out of a decision of the Conference of the Heads of Government taken under Article 46(4) concerning the expansion of classes of persons entitled to work and move freely in the Community.

    (2) whether the nationals of those Member States which opt-out of a decision under Article 27(4), can nevertheless derive the benefits of the decision.

    Day 1

    On Day 1, the Court heard, inter alia, from CARICOM’s General Counsel, Dr. Corlita Babb-Schaefer, as well as counsel from Barbados, Antigua & Barbuda, St. Kitts & Nevis, Grenada. Also appearing amicus was a team from the Faculty of Law, The University of the West Indies, Cave Hill campus represented by Dean Dr. David Berry and law lecturers, Mrs. Nicole Foster and Mr. Westmin James. The live recording from Day 1 may be watched here.

    Day 2

    On Day 2 of the hearing the Court heard closing submissions. In closing, the Court promised to deliver its Advisory Opinion in a “reasonable time”. Day 2 of the hearing may be watched 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.

    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.

  • 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 13-19, 2019

    Caribbean Trade & Development Digest – October 13-19, 2019

    Welcome to the Caribbean Trade & Development News Digest for the weeks of October 13-19, 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 EU and UK announced they had negotiated a new Brexit deal whose full text may be found here. The deal is yet to receive UK parliamentary approval and instead the UK House of Commons voted to delay Brexit again. PM Boris Johnson sent a letter to Brussels seeking a delay. However, the UK government will seek a meaningful vote on the deal tomorrow, Monday. Catch up on the latest Brexit developments here.

    REGIONAL NEWS

    Marriott Acquires Elegant Hotels in Barbados, Boosting All-Inclusive Offering

    Travel Market Report: Marriott has agreed to buy Elegant Hotels Group in a $130.1 million deal, as it looks to grow its all-inclusive portfolio in the Caribbean. Read more

    J’can Company B&D Gains From US-China Trade War – Grows Lobster Sales As Conch Ban Bites Into Income

    Jamaica Gleaner: With US$185 billion worth of duties being slapped on American exports to China in retaliation for US imposition of US$550 billion in tariffs on Chinese goods, leading seafood exporter, Kingston-based B&D Trawling Limited is ramping up volumes of live and frozen lobster sales into that Asian market at a significantly lower tariff than its US competitors. Read more

    Caribbean Export signs three MOUs to support the Caribbean’s export growth

    Jamaica Observer: At the recently held 4th staging of the Cariforum-European Union (EU) Business Forum in Frankfurt, Germany; three memorandum of understandings (MOUs) were signed between the Caribbean Export Development Agency and key stakeholders in Europe. Read more

    Trinidad Tourism Ltd: Tourism sector set to grow in 2020

    LoopTT: For the new fiscal year 2019/2020, Tourism Trinidad Limited’s (TTL) is aiming to increase visitor arrivals to 380,000, a 7 percent increase on the previous year’s figures. Read more

    TSTT raises over $2.7 b on US roadshow

    Trinidad & Tobago Guardian: A US$400 mil­lion 10-year bond of­fered by the Telecom­mu­ni­ca­tions Ser­vices of Trinidad and To­ba­go (TSTT) has been “sig­nif­i­cant­ly over-sub­scribed” the T&T Guardian has learned. Read more

    Facilitation of business improving in Barbados

    Barbados Today: Following recent rounds of Social Partnership talks, the private sector says it is pleased with progress being made by Government to address the vexing issue of business facilitation. Read more

    OECS/ITC workshop proving a success

    Antigua Observer: Stakeholders involved in the ongoing regional business excellence seminar have voiced their pleasure with the developments, noting in particular, the shared business experiences and solutions. Read more

    Mastercard Enters Jamaica, Targets Unbanked

    Jamaica Gleaner: It’s been roughly a month since technology company Mastercard settled into its new office space in New Kingston, but discussions are already ongoing to have the company doubling users of electronic payment systems across Jamaica over the next three years. Read more

    Former Diplomat Cites ‘Corruption Of EDF Resources In Saint Lucia’ In Open Letter

    St Lucia Times: See full letter to the editor. Read more

    Business, Consumer Confidence in Jamaica Dips In Third Quarter

    Jamaica Gleaner: Business confidence dipped in the third quarter of 2019 as firms have second thoughts about their positive expectations for the economy over the next year. Read more

    Jamaica Lobbies US On Correspondent Banking Relationships

    Caribnews NY: Jamaica will continue to lobby the United States to take the lead in legitimizing licensed cannabis growers and processors in the correspondent banking relationships with US banks, Industry, Commerce, Agriculture, and Fisheries, Minister Audley Shaw, has said. Read more

    Caribbean countries looking to take advantage of ACP-EU accord

    Jamaica Observer: As the 79-member African, Caribbean and Pacific (ACP) countries negotiate a post-2020 relationship with the European Union (EU), culture is being presented as an untapped sector that can contribute to the further development of the region. Read more

    INTERNATIONAL NEWS

    China’s developing country status brings it few benefits in the WTO

    East Asia Forum: Whether China is a ‘developing’ or ‘developed’ country for the purposes of the World Trade Organization (WTO) matters a lot to US President Donald Trump. Trump ignited a new front in the US–China trade war in July 2019 by tweeting that the world’s richest nations are masquerading as developing countries to get special treatment. Read more

    UK’s independent seat at WTO to include Channel Islands

    Gov.uk: The UK has today (Thursday 17 October) notified the World Trade Organization (WTO) that it will extend its WTO membership to include the Channel Islands. Read more

    Growing the Fiji Australia trade

    FBCNews: “For a small open economy like Fiji, our government agencies and policies aim to be pro-enterprise and pro-innovation. We are committed to working with our businesses to achieve these outcomes.” These were the remarks by the Minister for Industry, Trade and Tourism Premila Kumar, while speaking at the 25th Australia-Fiji Business Council Forum in Brisbane last week. Read more

    RCEP explained: The 16-country free-trade agreement that India may sign

    The News Minute: While countries have been negotiating since 2013, India has also been facing opposition from multiple domestic industries. Read more

    What’s Really in the Trade Deal Trump Announced With China

    New York Times: The partial trade deal hasn’t been signed and some details still have to be negotiated, but it could help some American firms. Read more

    South Africa gets behind China’s defence of multilateral trade

    South China Morning Post: Chinese Foreign Minister Wang Yi says the two countries should work together to oppose protectionism. Read more

    Russia Steps Up Its Game in Africa

    Moscow Times: The inaugural Russia-Africa summit shows Putin’s growing influence on the continent. Read more

    STRAIGHT FROM THE WTO

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