Caribbean Common Market Act, 1981. [L.S.] I Assent, Wilfred Jacobs, 4th July, 1981. ANTIGUA. No. 5 of 1981. An Act to make provision for matters arising out of the establishment of the East Caribbean Common Market and the Caribbean Community and for matters incidental thereto and connected therewith. [ BY PROCLAMATION ] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Antigua, and by the authority of the same as follows: 1. This Act may be cited as the Caribbean Community Short title. and the East Caribbean Common Market Act, 1981 and shall be read as one with the Eastern Caribbean Common Market (Ratification of Agreement) Act 1968. 2. In this Act "the Treaty" means the Treaty establishing the "Community" means the Caribbean Community; "Community origin" means in relation to any No. 9 of 1968. Interpretation. First Schedule. Second Schedule. Second Schedule. Caribbean Common Market Act, 1981. tured in a Community Territory and consigned from a port or place in such Territory to Antigua; "Community rate of duty" means a rate of customs duty which is applicable to goods on the basis of their eligibility in that behalf as having been the produce of, or manufactured in, and consigned from any of the Community Territories and includes an exemption so applicable from customs duty; "Community Territories" means the Territories specified in the First Schedule to this Act which the Minister may by Order published in the Gazette amend from time to time by adding to or deleting therefrom any Territory; "Common Market Agreement" means the agreement establishing the East Caribbean Common Market which was signed at Grenada on the 11th day of June 1968; "Common Market" means the East Caribbean Common Market; "Common Market Territories" means the States specified in the Second Schedule to this Act which the Governor may by Order published in the Gazette amend from time to time by adding to or deleting therefrom any Territory; "Common Market origin" means in relation to goods that they were grown, produced or manufactured in and consigned from a place in the Common Market to Antigua; "Collector" means the Collector of Customs of Antigua and includes any person acting for or on his behalf; "Drawback" includes any prescribed remission or repayment of, or exemption from, duty chargeable on importation into any Community Territory; "Less Developed Country" and "LDC's" mean Second Belize: "More mean Developed Country" and "MDC's" the following Territories Barbados, Guyana, Jamaica and Trinidad & Tobago. Caribbean Common Market Act, 1981. "Minister" means the Minister charged with "The State" or "This State" means the State 3. Notwithstanding any other law to the contrary, when- Minister may ever it appears to the Minister that by reason of- (a) the Treaty entered into with the Govern- vary and regulate duty. (b) the Common Market Agreement entered Second Schedule. into between the Governments of the Territories in the Second Schedule, it is expedient so to do, he may, by Order published in the Gazette remove, alter, reduce or progressively phase down import duties imposed under any law on any goods which are shown to his satisfaction to have been (i) manufactured in or to have been the (ii) consigned to this State from a Community 4. (1) The Minister may make Regulations, to be published in the Gazette making provision as to the cases in which, in determining eligibility for any Community rate of duty or Common Market rate of duty, as the case may be, goods are or are not to be treated as being of Community origin or of Common Market origin; as to the time by reference to which, in determining, eligibility as aforesaid, the question whether goods are to be so treated, is to be decided; and as to the evidence which is to be required or is to be sufficient for the purpose of showing that goods are or are not to be so treated. (2) Subject to the provisions of any Regulations made under this section, where, in connection with eligibility for a Community rate of duty or a Common Market rate of duty, any question arises whether goods are of Community origin or, as the case may be, Common Market origin, the Collector may require the importer of the goods to furnish to him, in such form as he may require, proof of any statement made to him as to any fact necessary to determine that question; and if such proof is not furnished to his satisfaction, the question may be determined without regard to that state ment. Drawback. Caribbean Common Market Act, 1981. (3) Regulations under this section may make different provisions for different purposes and in relation to goods of different descriptions. (4) For the avoidance of doubt, it is hereby declared that Regulations under this section may make provision for determining in what cases produce of the sea, or goods produced or manufactured therefrom at sea, are to be treated as of Community origin or Common Market origin. or 5. (1) Notwithstanding anything in any enactment order to the contrary, goods may, in such circumstances or subject to such limitations as may be prescribed, be treated as not eligible for Community rate of duty or Common Market rate of duty on importation into the State if (a) drawback was allowable, in connection with any exportation from any Community Territory or, as the case may be, Common Market Territory of the goods or of articles used in the production or manufacture of the goods, and (b) the Collector is not satisfied that the drawback has not been and will not be allowed. (2) Where on importation into the state goods have been treated as eligible for Community rate of duty or Common Market rate of duty, and after their importation drawback allowable as aforesaid is allowed, the Collector may, in such circumstances as may be prescribed, recover from the importer the additional amount of duty which would have been chargeable on the importation of the goods if they had not been so treated. Verification of 6. (1) For the purposes of complying with any request origin of exported made to the Collector or any other Government department goods. under arrangements made for the purposes of the Treaty or the Common Market Agreement or is otherwise incidental to the carrying out thereof, to verify or investigate any certificate or other evidence relevant to the question whether any goods exported from, or produced for manufactured (directly or indirectly) from goods exported from this State are eligible in any other Community Territory or Common Market Territory for Community rate of duty or, as the case may be, Common Market rate of duty, the Colector may carry out such investigations, and may make to the Government or authority making the request such report, or provide them with such information, as appear to the Collector requisite; and the Collector may require— (a) the exporter; or Caribbean Common Market Act, 1981. (b) any other person appearing to the Collector (c) any other person appearing to the Collector to furnish such information in such form and within such time as the Collector may specify in the requirement. (2) Any reference in the foregoing subsection to the furnishing of information includes a reference to the production of invoices, bills of lading and other books or documents whatsoever, and to allowing the Collector to inspect them and to take copies thereof or extracts there from. (3) Any person who without reasonable cause fails to comply with a requirement under this section shall be guilty of an offence and liable on summary conviction to a fine of five hundred dollars. (4) An averment in any process in proceedings under this section that any requirement to furnish information which has been made was made for the purpose specified in subsection (1) of this section shall until the contrary is proved, be sufficient evidence that the requirement was so made. 7. Any person who in this State makes or signs, or causes to be made or signed, any document relating to goods exported or to be exported from this State which is untrue in a material particular, being a document made for production in support of a claim that the goods, or any goods produced or manufactured, or to be produced or manufactured, from the goods, are eligible in any Community Territory or Common Market Territory for a Community rate of duty or, as the case may be, a Common Market rate of duty, shall be guilty of an offence and liable on summary conviction to a fine of two thousand dollars. 8. (1) If it appears to the Governor that by reason of any agreement with respect to trade made after the coming into force of this Act between all or any of the Community Territories or all or any of the Common Market Territories, or between all or any of these Territories and any other country, it is expedient so to do, the Governor may by Order publisheI in the Gazette direct that this Act shall have effect with such adaptation or modifications of any reference to the Treaty, Community Territories, Community rate of duty or, as the case may be, Common Market Agreement Territories or Common Market rate of duty, as may be specified in the Order. Penalty for Application of agreements. |