CARICOM Single Market and Economy website of Trinidad and Tobago | Revised Treaty of Chaguaramas Establishing the Caribbean Community including the CARICOM Single Market and Economy

CHAPTER ONE

PRINCIPLES

ARTICLE 2
Establishment of the Community

The Community is hereby established and recognised in the Protocol hereto as successor to the Caribbean Community and Common Market.

ARTICLE 3
Membership

1. Members of the Community consist of:

(a) Antigua and Barbuda
(b) The Bahamas
(c) Barbados
(d) Belize
(e) Dominica
(f) Grenada
(g) Guyana
(h) Jamaica
(i) Montserrat
(j) St. Kitts and Nevis
(k) Saint Lucia
(l) St. Vincent and the Grenadines
(m) Suriname
(n) Trinidad and Tobago.

2. Membership of the Community shall be open to any other State or Territory of the Caribbean Region that is, in the opinion of the Conference, able and willing to exercise the rights and assume the obligations of membership.

ARTICLE 4
Less Developed Countries and
More Developed Countries

For the purpose of this Treaty the States specified in sub-paragraphs 1 (b), (c), (g), (h), (m) and (n) of Article 3 shall be more developed countries and the remainder listed in the said paragraph shall be less developed countries.

ARTICLE 6
Objectives of the Community

The Community shall have the following objectives:

(a) improved standards of living and work;

(b) full employment of labour and other factors of production;

(d) expansion of trade and economic relations with third States;

(e) enhanced levels of international competitiveness;

(f) organisation for increased production and productivity;

(g) the achievement of a greater measure of economic leverage and effectiveness of Member States in dealing with third States, groups of States and entities of any description;

(h) enhanced co-ordination of Member States' foreign and {foreign] economic policies; and

(i) enhanced functional co-operation, including -

(i) more efficient operation of common services and activities for the benefit of its peoples;

(ii) accelerated promotion of greater understanding among its peoples and the advancement of their social, cultural and technological development;

(iii) intensified activities in areas such as health, education, transportation, telecommunications.

CHAPTER TWO
INSTITUTIONAL ARRANGEMENTS

ARTICLE 10
Organs of the Community

1. The principal Organs of the Community are:

(a) the Conference of Heads of Government; and

(b) the Community Council of Ministers which shall be the second highest organ.

2. In the performance of their functions, the principal Organs shall be assisted by the following Organs:

(a) the Council for Finance and Planning;

(b) the Council for Trade and Economic Development; the Council for Foreign and Community Relations, and

ARTICLE 14
The Council for Finance and Planning

1. The Council for Finance and Planning shall consist of Ministers designated by the Member States. Each Member State shall be entitled to designate alternates to represent it on COFAP.

2. Subject to the relevant provisions of Article 12, COFAP shall have primary responsibility for economic policy co-ordination and financial and monetary integration of Member States and, without prejudice to the generality of the foregoing, shall:

(a) establish and promote measures for the co-ordination and convergence of national macro-economic policies of the Member States and for the execution of a harmonised policy on foreign investment;

(b) promote and facilitate the adoption of measures for fiscal and monetary co-operation among the Member States, including the establishment of mechanisms for payment arrangements;

(d) pending the establishment of a monetary union in the Community, recommend arrangements for the free convertibility of the currencies of the Member States on a reciprocal basis;

(e) promote the establishment and integration of capital markets in the Community, and

(f) undertake any additional functions remitted to it by the Conference arising under this Treaty. 3. Under the direction of COFAP, the Committee of Central Bank Governors shall assist in the performance of the functions mentioned in paragraph 2 of this Article.

ARTICLE 15
The Council for Trade and Economic Development

1. The Council for Trade and Economic Development shall consist of Ministers designated by the Member States. Each Member State shall be entitled to designate alternates to represent it on COTED.

2. Subject to the provisions of Article 12, CO TED shall be responsible for the promotion of trade and economic development of the Community. In particular, COTED shall:

(a) promote the development and oversee the operation of the CSME;

(b) evaluate, promote and establish measures to enhance production, quality control and marketing of industrial and agricultural commodities so as to ensure their international competitiveness;

(c) establish and promote measures to accelerate structural diversification of industrial and agricultural production on a sustainable and regionally-integrated basis;

(d) determine and promote measures for the accelerated development and marketing of services;

(e) promote and develop policies and programmes to facilitate the transportation of people and goods;

(f) promote measures for the development of energy and natural resources on a sustainable basis;

(g) establish and promote measures for the accelerated development of science and technology;

(h) promote and develop policies for the protection of and preservation of the environment and for sustainable development;

(i) promote and develop, in collaboration with the Council for Foreign and Community Relations, co-ordinated policies for the enhancement of external economic and trade relations of the Community, and U) undertake any additional functions remitted to it by the Conference, arising under this Treaty.

ARTICLE 16
The Council for Foreign and Community Relations

1. The Council for Foreign and Community Relations shall consist of Ministers Responsible for the Foreign Affairs of Member States. Each Member State shall be entitled to designate an alternate to represent it on COFCOR.

2. Subject to the provisions of Article 12, COFCOR shall be responsible for determining relations between the Community and international organisations and Third States.

3. Without prejudice to the generality of paragraph 2, COFCOR shall:

(a) promote the development of friendly and mutually beneficial relations among the Member States;

(b) establish measures to co-ordinate the foreign policies of the Member States of the Community, including proposals for joint representation, and seek to ensure, as far as practicable, the adoption of Community positions on major hemispheric and international issues;

(c) co-ordinate the positions of the Member States in inter- governmental organisations in whose activities such States participate;

(d) collaborate with COTED in promoting and developing co-ordinated policies for the enhancement of external economic and trade relations of the Community;

(e) co-ordinate, in close consultation with the Member States, Community policy on International issues with the policies of States in the wider Caribbean Region in order to arrive at common positions in relation to Third States, groups of States and relevant inter-governmental organisations, and

(f) undertake any additional functions remitted to it by the Conference, arising under this Treaty. 4. Only Member States possessing the necessary competence with respect to the matters under consideration from time to time may take part in the deliberations of COFCOR.

ARTICLE 17
The Council for Human and Social Development

1. The Council for Human and Social Development shall consist of Ministers designated by the Member States. Each Member State shall be entitled to designate alternates to represent it on COHSOD.

2. Subject to the provisions of Article 12, COHSOD shall be responsible for the promotion of human and social development in the Community. In particular, COHSOD shall:

(a) promote the improvement of health, including the development and organisation of efficient and affordable health services in the Community;

(b) promote the development of education through the efficient organisation of educational and trainIng facilities In the Community, including elementary and advanced vocational training and technical facilities;

(c) promote and develop co-ordinated policies and programmes to improve the living and working conditions of workers and take appropriate measures to facilitate the organisation and development of harmonious labour and industrial relations in the Community;

(d) establish policies and programmes to promote the development of youth and women in the Community with a view to encouraging and enhancing their participation in social, cultural, political and economic activities;

(e) promote and establish programmes for the development of culture and sports in the Community;

(f) promote the development of special focus programmes supportive of the establishment and maintenance of a healthy human environment in the Community, and

(g) undertake any additional functions remitted to it by the Conference, arising under this Treaty. 3. Without prejudice to the requirements of any otherprovision of this Treaty, COHSOD shall promote co-operation among the Member States in the areas set out in the schedule hereto in furtherance of the objectives set out in Article 5.

ARTICLE 21
Institutions of the Community

The following entities established by or under the auspices of the Community shall be recognised as Institutions of the Community:

· Caribbean Disaster Emergency Response Agency (CDERA); .

· Caribbean Meteorological Institute (CMI);

· Caribbean Meteorological Organisation (CMO);

· Caribbean Environmental Health Institute (CEHI); .

· Caribbean Agricultural Research and Development Institute (CAROl); .

· Caribbean Regional Centre for the Education and Training of Animal Health and Veterinary Public Health Assistants (REPAHA); .

· Association of Caribbean Community Parliamentarians (ACCP); .

· Caribbean Centre For Developmental Administration (CARICAD); .

· Caribbean Food and Nutrition Institute (CFNI),

and such other entities as may be designated by the Conference.

ARTICLE 23
The Secretariat

1. The Secretariat shall be the principal administrative organ of the Community. The headquarters of the Community shall be located in Georgetown, Guyana.

2. The Secretariat shall comprise a Secretary-General and such other staff as the Community may require. In the recruitment of such staff, consideration shall be given to securing the highest standards of efficiency, competence and integrity, bearing in mind the principle of equitable geographical distribution.

3. The Secretary-General shall, in addition to the powers conferred by or under the Treaty, be the Chief Executive Officer of the Community and shall act in that capacity at all meetings of Community Organs and Bodies. He shall make an annual report to the Conference on the work of the Community.

4. In the performance of their duties the Secretary-General and staff shall neither seek nor receive instructions from any Government of the Member States or from any other authority external to the Community. They shall refrain from any action which might reflect adversely on their position as officials of the Community and shall be responsible only to the Community.

5. Member States undertake to respect the exclusively international character of the responsibilities of the Secretary-General and staff and shall not seek to influence them in the discharge of their responsibilities.

6. The Conference shall approve the Staff Regulations governing the operations of the Secretariat.

7. The Community Council shall approve the financial regulations governing the operations of the Secretariat.

8 The Secretary-General shall establish Staff Rules for the operation of the Secretariat.

ARTICLE 24
The Secretary-General

1. The Secretary-General shall be appointed by the Conference, on the recommendation of the Community Council, for a term not exceeding five years and may be reappointed by the Conference.

2. The Secretary-General shall be the Chief Executive Officer of the Community and shall, subject to the determinations of competent Organs of the Community and in accordance with the financial and other regulations, perform the following functions:

(a) represent the Community;

(b) develop, as mandated, decisions of competent Organs of the Community into implementable proposals;

(c) identify and mobilise, as required, external resources to implement decisions at the regional level and undertake studies and develop decisions on relevant issues into implementable proposals;

(d) implement, as mandated, decisions at the regional level for the achievement of Community objectives;

(e) implement, with the consent of the Member State concerned, Community decisions which do not require legislative or administrative action by national authorities;

(f) monitor and report on, as mandated, implementation of Community decisions; (g) initiate or develop proposals for consideration and decision by competent Organs in order to achieve Community objectives, and (h) such other functions assigned by the Conference or other competent Organs.

ARTICLE 25
Functions of the Secretariat

In addition to any functions which may be assigned to it by Organs of the Community, the Secretariat shall:

(a) service meetings of the Organs and Bodies of the Community and take appropriate follow up action on determinations issuing from such meetings;

(b) initiate, organise and conduct studies on issues for the achievement of the objectives of the Community;

(c) provide, on request, services to the Member States of the Community on matters relating to the achievement of its objectives;

(d) collect, store and disseminate to the Member States of the Community information relevant for the achievement of its objectives;

(e) assist Community Organs in the development and implementation of proposals and programmes for the achievement of objectives of the Community;

(f) co-ordinate in relation to the Community the activities of donor agencies, international, regional and national institutions for the achievement of objectives of the Community;

(g) prepare the draft budget of the Community for examination by the Budget Committee;

(h) provide, on request, technical assistance to national authorities to facilitate implementation of Community decisions; (i) conduct, as mandated, fact-finding assignments in the Member States, and (j) initiate or develop proposals for consideration and decision by competent Organs in order to achieve Community objectives.

CHAPTER THREE

ESTABLISHMENT, SERVICES, CAPITAL AND
MOVEMENT OF COMMUNITY NATIONALS

ARTICLE 46
Movement of Skilled Community Nationals

1. Without prejudice to the rights recognised and agreed to be accorded by Member States in Articles 32, 33, 37, 38 and 40 among themselves and to Community nationals, Member States have agreed, and undertake as a first step towards achieving the goal set out in Article 45, to accord to the following categories of Community nationals the right to seek employment in their jurisdictions:

(a) University graduates;

(b) media workers;

(d) artistes; and

(e) musicians,

recognised as such by the competent authorities of the receiving Member States.

2. Member States shall establish appropriate legislative, administrative and procedural arrangements to:

(a) facilitate the movement of skills within the contemplation of this Article;

(b) provide for movement of Community nationals into and within their jurisdictions without harassment or the imposition of impediments, including:

(i) the elimination of the requirement for passports for Community nationals travelling to their jurisdictions;

(ii) the elimination of the requirement for work permits for Community nationals seeking approved employment in their jurisdictions;

(iii) establishment of mechanisms for certifying and establishing equivalency of degrees and for accrediting institutions;

(iv) harmonisation and transferability of social security benefits.

3. Nothing in this Treaty shall be construed as inhibiting Member States from according Community nationals unrestricted access to, and movement within, their jurisdictions subject to such conditions as the public interest may require.

4. The Conference shall keep the provisions of this Article under review in order to:

(d) monitor and secure compliance therewith

CHAPTER FOUR

PART TWO
AGRICULTURAL POLICY

ARTICLE 56
The Community Agricultural Policy

1.The goal of the Community Agricultural Policy shall be:

(a) the fundamental transformation of the agricultural sector towards market-oriented, internationally competitive and environmentally sound production of agricultural products;

(b) improved income and employment opportunities, food and nutrition security, and poverty alleviation in the Community;

(d) increased production and diversification of processed agricultural products;

(e) an enlarged share of world markets for primary and processed agricultural products; and

(f) the efficient management and sustainable exploitation of the Region's natural resources, including its forests and the living resources of the exclusive economic zone, bearing in mind the differences in resource endowment and economic development of the Member States.

CHAPTER SEVEN

REGIME FOR DISADVANTAGED COUNTRIES,
REGIONS AND SECTORS

ARTICLE 158
The Development Fund

1. There is hereby established a Development Fund for the purpose of providing financial or technical assistance to disadvantaged countries, regions and sectors.

2. Subject to the provisions of this Article and relevant provisions of this Treaty, the Community Council, in collaboration with COFAP, shall:

(a) determine the status, composition and functions of the Development Fund;

(b) determine the contributions of the Member States to the Development Fund.

3. The Development Fund may accept subventions from public or private sector entities of the Member States or from other entities external to the Community. Subventions shall not be accepted nor applied by the Development Fund on conditions which discriminate against Member States, regions or sectors except in accordance with the provisions of this Treaty.