Caribbean Trade Law and Development

Blog

  • Caribbean Trade and Development Digest – July 1-7, 2018

    Welcome to the Caribbean Trade & Development Digest for the week of July 1-7, 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 news this week was the 39th Regular Meeting of the Conference of the Heads of Government of CARICOM held in Jamaica. The full communique from the meeting may be viewed here. Some of the major headlines from the meeting may be found below:

    CARICOM Meeting Headlines

    President of Chile keen to negotiate a free trade agreement with CARICOM

    Jamaica Information Service: President of the Republic of Chile, His Excellency Sebastián Piñera, has expressed interest in entering into negotiations on a free trade-agreement with the Caribbean Community (CARICOM). He was addressing the third plenary session at the 39th Regular Meeting of the Conference of Heads of Government of CARICOM on Friday (July 6), at the Montego Bay Convention Centre, in St. James.Read more

    CARICOM must reposition to navigate the new normal

    Jamaica Observer: Grenada’s Prime Minister Dr Keith Mitchell says the Caribbean Community (Caricom) must reposition itself to operate in a global landscape characterised by the “new normal”. Read more

    Premier Burt speaks on Fintech at CARICOM

    Bernews: During the CARICOM meeting in Jamaica, Premier David Burt made a presentation about Bermuda’s moves in establishing a regulatory platform for fintech and also discussed how “Distributed Ledger Technology more generally can assist with challenges in servicing citizens and increase government efficiency.” Read more 

    CARICOM Chairman lobbies Chile for Development Financing

    Jamaica Gleaner: Chairman of the Caribbean Community (CARICOM) and Prime Minister of Jamaica Andrew Holness has encouraged the Chilean President  to use his country’s “considerable visibility” on the international stage to assist members of the regional bloc to make a strong case for access to development financing. Read more 

    Bahamian Prime Minister addresses CARICOM on disaster management

    Eyewitness News: Prime Minister, Dr. Hubert Minnis shared with his CARICOM colleagues, a number of initiatives being undertaken by his government in a move to improve his country’s disaster mitigation plan, through the National Emergency Management Agency, NEMA. Read more 

    CCJ not a priority for St. Lucia at this time

    Jamaica Observer: St Lucia’s Prime Minister Allen Chastanet says while signing on to the Caribbean Court of Justice (CCJ) is a critical issue, it is not a priority for his Government at this time. Read more 

    CARICOM leaders propose that measures be put in place for easier travel

    Jamaica Information Service: Caribbean Community (CARICOM) leaders are proposing that measures be put in place to facilitate easier travel within the community. Read more

    CCJ’s New President hopes CARICOM nations will join Court’s Appellate Jurisdiction

    Jamaica Observer: Justice Adrian Saunders who was yesterday installed as the third president of the Caribbean Court of Justice (CCJ) is disappointed that more Caribbean Community (CARICOM) nations have not yet signed on to the court’s appellate jurisdictions. Read more 

    PM Browne calls on CARICOM to address the “disproportionate movement of people”

    Antigua Observer: Prime Minister Gaston Browne has called on the Caribbean Community (CARICOM) to address the unbalanced movement of people that is borne by the Organisation of Eastern Caribbean States (OECS). Read more 

    Other Regional Headlines

    FDI in Latin America and the Caribbean falls for third consecutive year

    St. Lucia Online: Despite an international context characterised by stronger growth in the global economy, abundant international liquidity, high corporate returns and optimism in financial markets, the flows of foreign direct investment (FDI) in Latin America and the Caribbean fell for the third year in a row last year. Read more

    Cuba seeks to increase non-conventional agricultural exports

    Xinhua: Cuba seeks to increase exports of non-conventional agricultural products like honey, charcoal, coffee and pine resin to various markets around the world and contribute to the government’s strategy of diversification of foreign markets. Read more

    TT#1 in Cuba

    Newsday: TT exported an estimated $456 million worth of goods to Cuba in 2016 while it imported $37 million of products from the island that same year. Read more 

    DT World to create new trade portal in Dominican Republic

    Saudi Gazette: A new electronic trade portal that will enable trade and make life easier for business has been launched in the Dominican Republic by Dubai Trade World (DT World). Read more 

    Commissiong is Barbados’ new ambassador to CARICOM

    Nation News: Controversial attorney David Comissiong will be Barbados’ next Ambassador to CARICOM. Read more 

    CARICOM Day in London pays tribute to Windrush Generation

    The Daily Herald: The Caribbean Community CARICOM diplomatic missions in London celebrated CARICOM Day on Wednesday with a special thanksgiving service and exhibition in tribute to the Windrush generation. Read more 

    Haiti Risks Losing Thousands of Jobs

    Haitilibre: As of Saturday, July 7, 2018, will end the derogation granted to Haiti, pending the ratification of the Economic Partnership Agreement (EPA) – European Union – Cariforum. Recall that the countries of the region that signed this agreement, did it to attract foreign investment in their country and to have better access to the EU market. Read more 

    INTERNATIONAL

    Russia initiates WTO dispute complaint against US steel, aluminium duties

    WTO: The Russian Federation 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 2 July. Read more 

    Support remains solid for Aid for Trade financing, WTO members told

    WTO: Support for projects intended to help poor countries expand their participation in global trade continues to be solid, with low income countries garnering the most support on a per-capita basis, WTO members were told on 3 July. The latest update was delivered to the Committee on Trade and Development’s session on Aid for Trade. Read more

    Rate of new trade restrictions from G20 economies doubles against previous period

    WTO: The WTO’s nineteenth monitoring report on Group of 20 (G20) trade measures covering the period from mid-October 2017 to mid-May 2018, issued on 4 July, shows that new trade-restrictive measures from G20 economies have doubled compared to the previous review period. The report also shows that G20 economies continue to implement trade-facilitating measures, with the rate increasing slightly.  Read more 

    WTO issues panel report regarding US duties on Canadian paper

    WTO: On 5 July the WTO circulated the panel report in the case brought by Canada in “United States — Countervailing Measures on Supercalendered Paper from Canada” (DS505). Read more 

    David Davis resigns as Brexit secretary

    Independent: His resignation as Brexit secretary deals a heavy blow to the stability of the prime minister’s administration, with two other ministers almost immediately following suit. Read more 

    BONUS

    The Closing Press Conference of the Thirty-Ninth Heads of Government meeting may be viewed here on CARICOM Today’s Blog.

    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.

  • 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?

    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.

     

  • 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.