Caribbean Trade Law and Development

Tag: CSME

  • Revised Treaty of Chaguaramas to be amended to regulate M&A activity in CSME

    Revised Treaty of Chaguaramas to be amended to regulate M&A activity in CSME

    Photo credit: CARICOM Secretariat

    Alicia Nicholls

    Competition policy within the CARICOM Single Market and Economy (CSME), particularly the need for merger control regulation, was one of the major items discussed at the recently held Forty-Fourth Regular Meeting of the Conference of Heads of Government of the Caribbean Community (CARICOM) in the Bahamas last week (February 15-17, 2023).

    The lengthy communique issued from the meeting revealed a packed agenda. Of interest to this author, of course, were the components dealing with continuing the consolidation of the CARICOM Single Market and Economy (CSME), especially because July this year will mark the regional grouping’s fiftieth anniversary.

    Heads agreed that the Revised Treaty of Chaguaramas (RTC) would be amended to provide for the regulation of mergers and acquisitions in the CSME. This would be done on the basis of an approved Community Policy. They agreed that Member States should complete their internal consultations and approval processes on the Draft Policy on Mergers and Acquisitions in the CSME in time for the Council for Trade and Economic Development (COTED) to consider and approve the Policy in April 2023.

    The CARICOM Competition Regime, as elaborated in Chapter 8 of the RTC, presently has three objectives (1) the promotion and maintenance of competition and enhancement of economic efficiency in production, trade and commerce, (2) the prohibition of anti-competitive business conduct which prevents, restricts or distorts competition or which constitutes the abuse of a dominant position in the market; and (3) the promotion of consumer welfare and protection of consumer interests. The Suriname-based CARICOM Competition Commission, along with the national commissions, is therefore a key institution for the functioning of a competitive CSME which is not harmed by anti-competitive conduct by businesses. However, currently, the CARICOM Competition Regime only regulates cross-border anti-competitive business conduct and the abuse of a dominant position. It does not deal with merger control regulation, which is the third aspect of competition policy. The Heads were also updated on the progress towards creating a dual role for the CARICOM Competition Commission (CCC) at the national and regional levels.

    Asides from competition policy, the subject of progress towards completing the Draft Policy on a Regional Capital Market was also discussed. The Heads “called upon the Council for Finance and Planning (COFAP) and the Legal Affairs Committee to take the necessary action to ensure that the infrastructure for the regional capital market is largely in place within eighteen (18) months”.

    They also supported COFAP’s decision to amend the Intra-CARICOM Double Taxation Agreement (ICDTA), through a Protocol on Treaty Shopping and Exchange of Information. Other topics discussed included advancing the CARICOM Agri-food systems agenda, the 50th anniversary celebrations, Afri-Exim Bank, the Bridgetown Initiative, Climate Change and Climate Finance, among others.

    The full communique may be accessed here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is an international trade and development consultant and the founder of the Caribbean Trade Law and Development Blog http://www.caribbeantradelaw.com.

  • Caribbean Trade & Development News Digest – November 29 – December 5, 2020

    Caribbean Trade & Development News Digest – November 29 – December 5, 2020

    Season’s Greetings! Welcome to the Caribbean Trade & Development News Digest for the week of November 29-December 5, 2020! We are pleased to bring you the major trade and development news headlines and analysis from across the Caribbean Region and the world from the past week.

    THIS WEEK’S HIGHLIGHTS

    This week, on December 3, negotiators from the European Union (EU) and the Organisation of African, Caribbean and Pacific States (OACPS) finally reached a twenty-year post-Cotonou partnership agreement. With the clock ticking to December 31 – the end of the UK’s transition period – post-brexit negotiations remain hung up on sticking points.

    For the first time since its establishment, the WTO’s Appellate Body will no longer have a single sitting judge as the term of the last remaining AB member Prof. Dr. Hong Zhao of China expired November 30.

    On December 4, Vanuatu became the sixth country to graduate from the United Nations’ category of Least Developed Country. Read more here

    The UN Commission on Narcotic Drugs has voted this week to reclassify cannabis out of the most dangerous category of drug, i.e. removal from Schedule IV of the 1961 Single Convention on Narcotic Drugs which had discouraged even medicinal use. This reclassification has been hailed as a step forward for some Caribbean countries like Jamaica which have joined a growing number of developed countries in developing a cannabis industry, including making cannabis use legal for medicinal and therapeutic purposes. Read more here.

    Looking regionally, the Caribbean Community (CARICOM) signed an MOU with the recently formed CARICOM Private Sector Organisation towards achievement of the CARICOM Single Market and Economy (CSME). CPSO was designated a CARICOM associate institution on October 29, 2020. Read my article on this deepened CARICOM-private sector engagement here.

    REGIONAL NEWS

    Caribbean welcomes new deal to replace Cotonou Agreement

    Jamaica Observer: The Caribbean has welcomed the political deal reached between chief negotiators for the European Union and the Organisation of African, Caribbean and Pacific States (OACPS), for a new partnership accord to replace the Cotonou Agreement. Read more

    EU Blacklists and the WTO

    News784: In this piece, we have argued that trade agreements, buttressed by their dispute settlement and institutional mechanisms, provide viable avenues for CARICOM MS to address the longstanding problem of their inclusion on arbitrary national blacklists by the EU. Read more

    EU and ACP finalise post-Cotonou treaty, after two-year delay

    Euractiv: Negotiators from the EU and African, Caribbean and Pacific community signed off on a broad 20-year partnership deal to succeed the Cotonou Agreement on Thursday night (3 December) after nearly three years of difficult talks. Read more

    CARICOM asks probing questions at UN special session

    Barbados Today: On December 3 and 4, some 155 Presidents and Prime Ministers participated in a Special Session of the United Nations (UN) General Assembly, to discuss the Corona Virus Disease (COVID-19) and the UN response to the pandemic. Read more

    Port of Bridgetown wins Top Award

    GIS.bb: The Port of Bridgetown has captured the 2020 Novaport Cup for Most Improved Port Performance, emerging the winner among nine regional competing ports. Read more

    Jamaica Government secures partnership to expand e-commerce opportunities for MSMEs

    Jamaica Observer: The Government has partnered with two international firms to deliver digital marketing solutions and e-commerce opportunities to micro, small and medium enterprises (MSMEs) as a mechanism to cope with the impact of physical distancing and other restrictive measures due to the novel coronavirus pandemic. Read more

    COTED endorses Made in CARICOM Initiative

    CARICOM: Trade ministers of the Caribbean Community (CARICOM) have unanimously endorsed a proposal to develop a ‘Made in CARICOM’ promotional initiative which will capitalise on one of the opportunities presented by the pandemic. Read more

    New CARICOM-EU project will tackle climate change and its health impacts in the Caribbean

    PAHO: International, regional, and government leaders announced the launch of a broad-based project to support actions to mitigate climate change and its serious health impacts in Caribbean nations. The EU/CARIFORUM Strengthening Climate Resilient Health Systems Project – a joint project of the European Union and CARICOM that PAHO is coordinating – will advance public understanding of climate change effects and strengthen the ability of health systems to respond to climate-related health impacts. Read more

    Guyana’s private sector must help gov’t push down CARICOM trade barriers- Pres. Ali

    Demerara Waves: Even as a newly-formed Caribbean Manufacturing Association (CMA) plans to explore the production of specialised sugars, Guyana’s President Irfaan Ali on Wednesday called on local manufacturers to aggressively remove trade barriers in the Caribbean Community’s Single Market. Read more

    New Chamber of Commerce to Facilitate Two-Way Trade & Investment Between Canada & Guyana

    Newswire: The Canada-Guyana Chamber of Commerce (CGCC) was officially launched today with a mission to facilitate two-way trade and investment between Canada and one of the fastest growing economies in the world – Guyana. Read more

    Grenada Announces Temporary Ban On Poultry From United Kingdom

    Jamaica Gleaner: Grenada says it will place a temporary ban on the importation of poultry products from the United Kingdom as of Monday. Read more

    Jamaica’s imports and exports decline from January – August 2020

    Jamaica Observer: There was a decline in Jamaica’s imports and exports for January to August 2020 when compared to the similar period in 2019 as released today by the Statistical Institute of Jamaica (STATIN). Read more

    Guyana lacks workforce to benefit from impending `explosive’ growth – Canadian High Commissioner

    Stabroek: Outgoing Canadian High Commissioner Lilian Chatterjee today said that Guyana lacks a skilled and sizeable labour force to benefit from the “explosive” oil-linked growth that is coming and she urged the country not to resist foreign investment but use its judgement on who to trust. Read more

    Entrepreneur touts Dominican Republic-Commonwealth trade ties

    Dominican Today: The president of the Round Table of the Countries of the Commonwealth in the Dominican Republic, Fernando González Nicolás, highlighted the influence that the 54 countries of the Commonwealth have on exports and foreign investment in our nation. Read more

    INTERNATIONAL NEWS

    Vanuatu graduated from LDC status

    UN: On 4 December, Vanuatu became the sixth country to graduate from the least developed country (LDC) category. As noted by the United Nations Secretary-General, this is “testimony to years of effort resulting in hard-won sustainable development gains”. Read more

    ‘Painful’ exit of Chinese member leaves WTO appeals body without a judge and trade dispute cases in limbo

    SCMP: For the first time since the World Trade Organization was set up 25 years ago, its Appellate Body, dubbed the top court for world trade, will have no serving judges after the departure of the Chinese member, curbing the WTO’s capacity to handle disputes. Read more

    China’s former trade chief hits out at ‘groundless’ claims country cannot join CPTPP

    SCMP: Beijing’s former top trade negotiator has dismissed as “groundless” claims that China would not meet strict criteria to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) in the long term. Read more

    U.S. trade deficit widens by 1.7% to $63.1 billion in October

    CNBC: The U.S. trade deficit widened 1.7% in October to $63.1 billion. The politically sensitive gap in the trade of goods with China and Mexico grew. Read more

    US judge orders Trump administration to restore ‘Dreamer’ immigration program

    Barbados Today: A US judge ordered the Trump administration Friday to fully reinstate a program that protects from deportation immigrants who came to the country illegally as children. Read more

    Why Biden will find it hard to undo Trump’s costly ‘America first’ trade policy

    The Conversation: Since becoming president-elect, Joe Biden has signaled that restoring America’s leadership on the world stage is among his highest priorities – an intention aptly demonstrated by his Cabinet picks. Read more

    India submits new proposal limiting role of WTO dispute panel in fisheries management

    Hindu Business Line: New Delhi’s proposal on exempting developing countries with incomes, fish volume below given threshold to be discussed further. Read more

    Thirteen Extra Ordinary Session on the African Continental Free Trade Area (AfCFTA): The Assembly of the Union adopts decision on the start of trading

    Africa News: African Union Heads of State and Government have underscored the urgent need for member states to kick-start trading activities, under the African Continental Free Trade Area (AfCFTA). The decision was adopted during a virtual meeting of the 13th Extra Ordinary Session of the Assembly of the Union on the AfCFTA, held on Saturday 5 December 2020, under the Chairmanship of H.E. Mr Cyril Ramaphosa, President of the Republic of South Africa and Chairperson of the African Union (AU). Read more

    South Africa to make changes to its borders as it prepares for multi-trillion rand trade deal

    Business Tech: President Cyril Ramaphosa’s cabinet has approved a draft One-Stop Border Policy (OSBP) for public consultation. Read more

    Canada trade deficit shrinks slightly in October, still higher than expected

    Reuters: Canada’s trade deficit narrowed slightly to a still greater-than-expected C$3.76 billion ($2.94 billion) in October as exports grew at a faster pace than imports, Statistics Canada data showed on Friday. Read more

    Cambodia, S. Korea FTA much closer

    Khmer Times: A senior official of the Ministry of Commerce (MoC) said negotiations towards a free trade agreement (FTA) between Cambodia and South Korea saw agreement on 90 percent of the issues addressed as the fourth round of talks concluded last month. Read more

    Envoy: US trade embargo is ‘main obstacle’ to trade between Cuba and other countries

    Khmer Times: Sanctions imposed by the United States (US) are a serious roadblock for Cuba doing business with other countries. This was one of the points made by Cuban Ambassador to Cambodia Liurka Rodriguez Barrios in an exclusive interview conducted at the Cuban Embassy in Phnom Penh. Read more

    WTO members may seek more time to decide on TRIPS waiver to fight Covid-19

    Hindu Business Line: 90-day timeline for decision on the India-South Africa proposal to lapse on December 31, but more deliberations could be needed, say officials. Read more

    Japan urges South Korea to end tariffs on steel bars after WTO ruling

    Japan Times: Japan urged South Korea on Tuesday to immediately remove its anti-dumping tariff on Japan-made stainless steel bars after a World Trade Organization dispute settlement panel decision said an extension of the protections would be a contravention of WTO rules. Read more

    What Janet Yellen’s nomination as Treasury secretary means for U.S. policy on China and trade

    CNBC: Former Federal Reserve Chair Janet Yellen has been nominated by President-elect Joe Biden as his Treasury secretary — a position that would make her, if confirmed by the Senate, a critical figure in U.S. trade negotiations with China. Read more

    WTO Members Reveal “Entrenched” Differences as Fisheries Talks Approach 2020 Deadline

    IISD: “Entrenched” positions regarding the issue of special and differential treatment (S&DT) for developing and least developed countries (LDCs) are presenting a challenge in the negotiations on a World Trade Organization (WTO) agreement that would curb harmful fisheries subsidies. Read more

    Brexit trade talks: What’s at stake if no deal is reached

    Sky News: Tariffs, Northern Ireland, travel and mobile phone roaming charges will all be impacted if the two sides cannot reach agreement. Read more

    STRAIGHT FROM THE WTO

    NEW ON THE CTLD BLOG

    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:

  • CARICOM Trade Ministers meet for 49th Regular Meeting of COTED

    CARICOM Trade Ministers meet for 49th Regular Meeting of COTED

    Alicia Nicholls

    On November 18-19, 2019, Caribbean Community (CARICOM) Ministers of Trade met for the 49th Regular Meeting of the Council for Trade and Economic Development (COTED).

    The meeting was held at the Pegasus Hotel, Georgetown Guyana, and was chaired by Minister of Foreign Affairs and CARICOM Affairs of Dominica, the Hon. Francine Baron. Ministers attended both in person and via video conference.

    In her opening remarks, Minister Baron highlighted that COTED “meets at a time when the Region is beset by many challenges”. She pointed, for example, to longstanding challenges such as climate change, threats to the offshore sector, and graduation of several countries from concessional financing, as well as more contemporary threats like the retreat from multilateralism.

    A media advisory sent regarding the meeting noted that the topics for discussion included:

    • A review of the implementation plan for the CSME and challenges associated with implementation
    • CSME administrative procedures
    • competition law and policy in the CSME
    • trade in services
    • agriculture and other goods
    • external economic and trade relations.

    According to the Minister in her statement, Barbados had also placed the matter of trade and climate change on the agenda.

    Under the issue of “external economic and trade relations”, she singled out in particular the issue of WTO reform.

    Minister Baron further noted that some of the matters have been on the agenda for some time now, “some of which can be said to be languishing there without resolution”. As such, she encouraged Ministers ” to approach the deliberations over the next two days with a mindset of compromise and a desire to push through and get some positive movement on some long outstanding matters. ”

    Minister Baron highlighted “the number of requests being made for the suspension of the Common External Tariffs between meetings of the COTED and at the meeting of COTED itself”. She noted that “this should concern us, as these requests are premised on the inability of the region to supply. ” She further proposed “the need for a critical look at these requests and allow same to guide policy development, as relates to investment in regional productivity and manufacturing. ”

    Regrettably, there as yet appears to be no official statement or other information released about what decisions were taken by the Ministers. I would be particularly interested in what decisions were made regarding our positions on WTO reform and the current existential threat facing the WTO’s Appellate Body.

    Speeches from the opening ceremony may be found here:

    REMARKS BY THE ASSISTANT SECRETARY GENERAL, TRADE AND ECONOMIC INTEGRATION, JOSEPH COX AT THE OPENING SESSION OF THE 49TH REGULAR MEETING OF THE COTED, GEORGETOWN, GUYANA, 18 NOVEMBER 2019

    STATEMENT BY COTED CHAIR HON FRANCINE BARON

    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.

  • CARICOM to tackle roaming rates

    CARICOM to tackle roaming rates

    [Press Release] Caribbean Community (CARICOM) Ministers with responsibility for Information and Communication Technologies (ICT) have agreed to collectively approach the Region’s telecommunications providers to eliminate roaming charges throughout the Community. This is one of the priorities which they identified as an early benefit with respect to achieving a CARICOM Single ICT Space.

    At a Special Meeting of the Council for Trade and Economic Development (COTED) on Friday, by video-conference, the Ministers agreed that this would provide social and economic benefits to the people and to the Region.

    A number of regional and international organisations and CARICOM Youth Ambassadors also took part in the discussions.

    Chairman of the meeting, Dr the Rt Honourable Keith Mitchell, Prime Minister of Grenada and Lead Head of Government for Science and Technology including ICT, said this was an issue which would give a real boost to regional integration and had the potential to drive growth and development in the Community.

    CARICOM Secretary-General Ambassador Irwin LaRocque concurred with the sentiments of the Prime Minister and stated that this should be viewed as a low-hanging fruit in achieving the Single ICT Space which should be realised as soon as practically possible.

    The Single ICT Space will allow for harmonisation of the ICT and other legislative frameworks in CARICOM, the removal of roaming charges, the encouragement of digital entrepreneurship, equipping all CARICOM nationals as digital citizens and looking at ICT financial solutions among other regional benefits. The Ministers emphasised the importance of cyber security in underpinning the Single ICT Space.

    The Ministers agreed on a Ministerial Understanding on the Single ICT Space in which they identified priorities as: developing the ICT sector as a catalyst to foster closer regional economic integration; enhancing the competitiveness of the Region through a vibrant ICT industry; and using the Single ICT Space as a driver of the CARICOM digital economy and the transformation of key sectors.

    The Understanding notes that the realisation of the CARICOM Single Market and Economy (CSME) and the fulfilment of the United Nations Sustainable Development Goals (SDGs) can be greatly advanced by the strategic application and increased usage of ICT and applying a whole-of-government approach.

    The Ministers recognised the ICT Space could only be developed with partnership and commitment of all stakeholders in the public and private sectors, civil society and International Development Partners.

    The preceding was a press release from the CARICOM Secretariat. The photo is of Dr. the Hon. Keith Mitchell, Prime Minister of Grenada.