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ANNEX III


         STEPS OUTLINING THE NEW PROCEDURE FOR REQUESTS
                    FOR SUSPENSION OF THE CET

     PART A - BY THE SECRETARY-GENERAL UNDER ARTICLE 83 OF
               THE REVISED TREATY OF CHAGUARAMAS


Step 1
The Entity that is unable to obtain supplies from within the Community must
apply to the Competent Authority in the Member States concerned, in writing i.e.
the Minister so designated by each Member State for this purpose. The Entity
must also inform the Competent Authority of the quantity, standard, the urgency
of the request, and of efforts to source supplies of the product from local and
regional suppliers. The Entity must endeavor to provide evidence of unfulfilled
orders; evidence of the response of the regional producer including
transportation logistics (force majeure excepted); and information showing what
efforts it had made to obtain regional supplies.


Step 2
The Competent Authority on receipt of a request from an Entity for a suspension
of the Common External Tariff (CET), is required to assess the ability of other
local Entities within the Member State to supply the required product by seeking
information from known suppliers whether supplies in adequate quantities and
required specifications are, or are not available for the period requested.     A
record of responses from local Entities must be kept by the Competent Authority
to confirm that there was adequate consultation at the national level.


Step 3
The Competent Authority having been satisfied that the request is urgent and
that local Entities are unable to supply the required product in the quantity or
standard within the time period required, will submit a request for suspension of
the CET for the consideration of the Secretary-General and at the same time
may inform the Competent Authorities of the other Member States of the request
for a suspension of the CET on the product in question. The request will include
the summary of responses compiled locally and will be inserted in the attached
‘Request for Alteration or Suspension of the Common External Tariff’ (See
Appendices I and II to this Attachment).


Step 4
The Secretary-General, being satisfied with the completeness of the information
submitted and that it is in accordance with the procedures agreed, will
immediately formally acknowledge receipt of the request for suspension of the
CET on the requested product (See Appendix III to this Attachment);


Step 5
Once the Secretary-General is satisfied that all relevant information has been
submitted in compliance with these procedures he/she will promptly enquire of
the Competent Authorities of the other Member States by the quickest possible to
ascertain that supplies of the product are or are not available in the quantities
and standards and for the time period requested (See Appendix IV to this
Attachment). Communication by the Secretary-General will be by email, fax or
by the quickest possible means;


Step 6
The Competent Authority on receipt of the Secretary-General’s enquiry, is
required to ascertain from local suppliers within the Member State that supplies
of the product are or are not available indicating quantity, specification and the
time period requested.




Step 7
The Member States to whom the Secretary-General’s enquiries are directed are
required to respond within seven calendar days of the dispatch of these
enquiries, copying their replies to the Competent Authority in the requesting
Member State. The response should include-


(a)   The known suppliers consulted;


(b)   Whether supplies are available for export from that Member State as per
      request and the contact information for the suppliers. In cases where a
      Member State is able to supply the products requested in the required
      quantities, standards, and for the period requested, the Competent
      Authority will advise the Secretary-General that having consulted with
      known suppliers that supplies are available. The Competent Authority
      must indicate the name and contact information of the supplying Entity,
      including the quantity to be supplied and for what time period. An
      indication of the supplier’s capacity, actual annual production with regards
      to the supply capabilities to the local, regional and extra-regional markets
      must be provided (Appendix V to this Attachment);


(c)   Where supplies are not currently available, an indication of whether or
      when supplies would be available;


(d)   Where supplies of a product are available but not in the quantity
      requested, the Competent Authority will so advise the Secretary-General
      and indicate the time frame when it will become available.


Whether or not supplies are available, the Member States are required to
respond (and the Secretary-General should insist upon receiving at least from
those Member States known to be producers of the input in question) and to give
a specific answer to the questions posed.


Where the 14 day period has elapsed and a known producer has not provided a
definitive response to the Secretary-General to the questions posed, the
Secretary General should again seek a response and after 7 calendar days,
notwithstanding that he might not have received a reply the Competent Authority
of a known supplier, make the appropriate determination on whether to grant the
suspension.


Step 8
Upon receipt of information of a Member State’s:


(a)   ability to supply the product requested, the Secretary-General will within
      two working days inform the Competent Authority in the requesting
      Member State of the supplying Member State’s ability to supply the
      requested product. The Secretary-General will indicate the contact
      information of the supplying Entity (which is to include Name, Address,
      Telephone, Fax and Email) and will urge direct communication between
      the supplying Entity and the requesting Entity. As a result of the ability to
      supply, the Secretary-General will advise that authorization for the
      suspension of the tariff on the requested product cannot be granted at this
      time (Appendix VI to this Attachment).


      The Competent Authority in the supplying Member State will monitor
      whether the supplier actually supplies the product within a reasonable time
      and report to the Secretary-General on any difficulties encountered by the
      supplier.   Where the supplier encounters difficulties in supplying in a
      reasonable timeframe, the Secretary-General will grant the Suspension;


(b)   inability to supply, after the seven-day period allotted for response of
      Member States, the Secretary-General will within two calendar days,
      make a decision whether or not to grant approval, on behalf of the Council
      for Trade and Economic Development (COTED), for the suspension of
      the rate under the CET on the product in question. He/she will advise the
Competent Authority in the requesting Member State and the other
      Member States the reasons for granting the suspension;


Step 9
Where a private sector Entity has advised the Secretary-General before the
Suspension is issued that supplies of a product are available the Secretary-
General will ascertain from the Competent Authority in the relevant Member
State and verify that the requisite level of consultations have been held between
the Competent Authority and the domestic suppliers of the product in question.
The Competent Authority is required to respond to the Secretary-General’s letter
of enquiry within seven calendar days;


Step 10
The Competent Authority, on receipt of the Secretary-General’s Certificate
Authorizing Suspension (See Appendices VII and VIII to this Attachment),
must ensure that the quantity of materials or goods imported free of duty from
extra-regional sources, does not exceed the quantity authorized by the
Secretary-General’s Certificate.


Step 11
The Secretary-General will report to the COTED at its next meeting, giving
particulars of any action taken by him/her under Article 83 (3) of the Revised
Treaty;




Part B - By COTED under Article 83 of the Revised Treaty


Step 1
The Entity that is unable to obtain supplies from within the Community must
apply to the Competent Authority in writing in the Member States concerned, i.e.
the Minister designated by each Member State for this purpose. The Entity must
also inform the Competent Authority of the quantity, standard and of efforts to
source supplies of the product from local and regional suppliers;


Step 2
The Competent Authority on receipt of a request from an Entity for a suspension
of the Common External Tariff (CET), is required to assess the ability of other
local Entities within the Member State to supply the required product by seeking
information from known suppliers whether supplies in adequate quantities and
required standards are, or are not available for the period requested. A record of
responses from local Entities must be kept by the Competent Authority to confirm
that there was adequate consultation at the national level;


Step 3
The Competent Authority having been satisfied that local Entities are unable to
supply the required product in the quantity, standard and time period required,
and that the request is not urgent or that a Meeting of the COTED is imminent,
will submit to COTED through the Secretary-General at least fourteen calendar
days prior to a scheduled Meeting of COTED (in accordance with the Rules of
Procedure of COTED), a request for a suspension of the CET on the product in
question. The request will include the summary of responses compiled locally
and is set out as Appendix II (b) to this Attachment.


Step 4
The Secretary-General will immediately circulate the submission from the
requesting Member States for the consideration of other Member States prior to
the COTED Meeting;


Step 5
The Competent Authority on receipt of the Secretary-General’s enquiry, is
required to notify the local Entities of the request to COTED and make the
information on the ability to supply available prior to or at the Meeting of COTED;
Appendix I to Attachment I

           Request from Competent Authority to Secretary-General

                           CARIBBEAN COMMUNITY
         Draft Application for Suspension of the Common External Tariff
 (For consideration by the Secretary-General under Article 83 (2) of the Revised
                                     Treaty)




Attached for your attention is a completed request form for the suspension of the
Common External Tariff (CET) rate on the captioned items in respect of the
Government of ………………………for…………………………The Suspension is
being requested under Article83 (2),{(a),(b),(c)},and the period of rate change
sought is………………..to………………….


Further to consultations with the local business community, the Competent
Authority of (Member State) wishes to advise that the known producers provided
responses    to   our   request    for   suppliers   of   (Requested   item)   dated
………………………….. as follows:


i. Company A – Unable to Supply.

ii. Company B – Unable to Supply.


OR

iii. No known suppliers exist locally.



…………………………...
Authorised signature
Date
Appendix II to Attachment I REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF UNDER
PARAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY - Page 1 of 2

    (a)                  (b)          (c)                                 (d)                  (e)          (f)           (g)
    NAMES      AND       TARIFF       GOODS TO BE IMPORTED                TECHNICAL            CET RATE     RATE          PERIOD OF RATE
    ADDRESSES OF         HEADING      DESCRIPTION AMOUNT                  SPECIFICATIONS/                   PROPOSED      CHANGE (WHERE
    REQUESTING           NO.                                              STANDARD                                        SUSPENSION OF
    INDIVIDUAL  OR                                                                                                        RATE IS SOUGHT)
    COMPANY
                                                        Qty   EST.
                                                              VALUE
                                                              US $




Information must be supplied on the efforts made to source the products from Local and Regional suppliers including identifying the Member State and companies from which
supplies had been obtained prior to the present request.
REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF UNDER PARAGRAPH 3 OF ARTICLE 83
OF THE REVISED TREATY – Page 2 of 2

(h)                (i)                                (j)                                    (k)
CERTIFICATION   OF REASON FOR REQUEST FOR             EVIDENCE OF             INABILITY   TO EVIDENCE       OF
GREAT URGENCY      SUSPENSION OF RATE                 SUPPLY:                                CONSULTATION
                                                      INCLUDING:
                    Under Article 83 (2)                                                     LOCAL
                                                      i. Unfulfilled Orders
                    (a)   Not    being     produced
                    regionally □


                                                                                             REGIONAL


                    (b) Does not satisfy demand □     ii. Transportation Logistics




                    (c) Quality    below    regional iii. Efforts made to obtain regional
                    standard □                       supplies
Appendix II (b) to ATTACHMENT I


EXPLANATORY NOTE FOR COMPLETING Appendix II to ATTACHMENT I
“REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF (CET)
UNDER PAPRAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY”.

This document contains the guidelines for completing the Request for Suspension of
the Common External Tariff following the decision of Council for Trade and Economic
Development (COTED) at its Twenty Eighth Meeting held in Barbados on 8 October
2009, to revise the procedures to be followed by the Secretary-General when
processing requests for suspensions in-between meetings of the COTED. The
Competent Authority is required in:


Column (a) - NAMES AND ADDRESSES OF REQUESTING INDIVIDUAL OR
COMPANY
To provide the name of the requesting entity and its full postal and physical address. It
should also include contact information i.e. telephone and fax numbers, website and
email addresses.


Column (b) – TARIFF HEADING NO.
To provide the Tariff Heading as contained in the CET based on the Harmonized
Commodity Description and Coding System (HS) 2007.


Column (c) – GOODS TO BE IMPORTED
To provide a description of the goods to be imported, giving details of quantity and an
estimated value in United States dollars.


Column (d) – TECHNICAL SPECIFICATIONS/STANDARD
To provide physical characteristics of the item, the uniform application of which is
regionally or generally recognised in the international community.
Column (e) – CET RATE
To provide the Rate of Duty for the corresponding Tariff Heading as contained in the
CET based on the Harmonized Commodity Description and Coding System (HS) 2007.


Column (f) – RATE PROPOSED
To provide the Rate of Duty the Competent Authority wishes to apply during the period
of suspension.


Column (g) – PERIOD OF RATE CHANGE
Relates to the period of time within which the suspension of the CET will be applicable.
This period must not exceed one year when requests are made to the Secretary-
General.


Column (h) – INDICATION OF GREAT URGENCY
May include possibility of serious injury or the threat of serious injury to the firm or
economy or interruption in commercial activity.


Column (i) – REASON FOR REQUEST FOR SUSPENSION OF RATE
To indicate which of the three situations as outlined under Article 83 (2) best describes
the reason (s) for requesting the suspension by placing a tick in the appropriate
Column.


Column (j) – EVIDENCE OF INABILITY TO SUPPLY
To indicate under the relevant category what are the specific factors that prevent supply
from local or regional suppliers. Such evidence could include letters, faxes or other
written indications of the outcome of such consultations.


Column (k) – EVIDENCE OF CONSULTATION
To provide information to the satisfaction of the Secretary General that consultations
have taken place within the Requesting Member State and responding Member States.
Such evidence will include letters, faxes or other written indications of the outcome of
such consultations.
Appendix III to Attachment I

               Acknowledgement of Receipt from Secretary-General
                          CARIBBEAN COMMUNITY

           Draft Application for Suspension of the Common External Tariff
(For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty)



Date

The Secretary-General acknowledges receipt of your request dated……..………and
received on………..………for suspension of the CET on the items listed below:


i. ……………………………………………………………

ii……………………………………………………………..

iii……………………………………………………………..

The Secretary-General is initiating enquires in Member States regarding the availability
and quantities of the items on which suspension is being requested.


The processing of the request for the suspension of the CET will be in accordance with
the new procedures agreed by the COTED.




……………………………..
Secretary-General
Date
Appendix IV to Attachment I

                  Secretary-General’s enquiry of Member States to supply

                                  CARIBBEAN COMMUNITY

               Draft Application for Suspension of the Common External Tariff
    (For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty)



Date


The Secretary-General has received a request from the Government of …………………………...
for the Suspension of the Common External Tariff under Article 83 of the Revised Treaty
Establishing the Caribbean Community, including the CARICOM Single Market and Economy
on ……………………………………. as per attached.


The Secretary-General is seeking your response specifically indicating that supplies
of…………………………………………….are or are not available in the quantities, specifications,
and time period requested. You are requested to consult with all known domestic suppliers, in
order to enable the Secretary-General to make an informed determination, on whether or not to
grant the suspension.


Your response to the Secretary-General should therefore indicate:


   (i)     the suppliers consulted;
   (ii)    whether supplies are available for export from your Member State as per request and
           the contact information for the suppliers; and
   (iii)   where supplies are not currently available, an indication of if and when supplies
           would be available.


In keeping with the decision of the COTED regarding procedures relating thereto, Member
States are requested to respond by ………………….………...



……………………………
Secretary-General
Date
                                                         Appendix V to ATTACHMENT I

       Response from Competent Authority to the Secretary-General’s Enquiry

                             CARIBBEAN COMMUNITY
           Draft Application for Suspension of the Common External Tariff
(For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty)



Date

In response to your enquiry whether suppliers of………………..………..are available,
the Government of………………………….wishes to advise that:

It has consulted with the known producers of……………………………as follows:

   (a) Supplies are available from;

   (i)     Company A can supply - Name, quantity that can be supplied and for what
           time period and contact information;

   (ii)    Company B can supply - Name, quantity that can be supplied and for what
           time period and contact information;

   (iii)   Company C can supply - Name, quantity that can be supplied and for what
           time period and contact information, and


(b) Supplies are not available currently for the period from;

(Requesting entity) is a manufacturer of (Requested item) in (Requesting Member
State). This firm has the current capacity to produce (Quantity) annually, of which
(quantity) is targeted at local customers and (Quantity) for regional export.




…………………………
(Authorised signature)
Date
Appendix VI to ATTACHMENT I

                      Denial of Request by Secretary-General

                             CARIBBEAN COMMUNITY
           Draft Application for Suspension of the Common External Tariff
(For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty)



Date

The Secretary-General has received in response to your request for suspension of the
Common External Tariff (CET) on ………………communication from …………… (copy
of which is attached) indicating ability to supply .

The Secretary General recommends direct communication between Requesting
Member State and Supplying Member State on the supply of Requested Item. The
contact information is as follows;

Name
Address
Telephone
Fax
Email

The Secretary-General is requesting that you submit copies of the correspondence so
that it could monitor the regional supply of this product(s).

In the circumstances, I have to advise that authorization for suspension of the CET on
Requested Item cannot be granted at this time.




SECRETARY-GENERAL
Appendix VII to ATTACHMENT I

           Secretary-General’s Certificate Authorizing Suspension

          SUSPENSION OF THE COMMON EXTERNAL TARIFF (CET) UNDER
           PARAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY
          ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING
              THE CARICOM SINGLE MARKET AND ECONOMY


  IN PURSUANCE OF THE POWERS CONFERRED UNDER PARAGRAPH 3 OF
  ARTICLE 83 OF THE REVISED TREATY ESTABLISHING THE CARIBBEAN
  COMMUNITY, INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY, I
  HEREBY AUTHORISE THE GOVERNMENT OF ………………….. TO SUSPEND THE
  COMMON EXTERNAL TARIFF IN RESPECT OF IMPORTS OF THE FOLLOWING
  ITEM(S) FROM ………………………. 200 TO ………………………….. 200.



MEMBER IMPORT   TARIFF          DESCRIPTION OF GOOD            QUANTITY
STATE  ER       HEADING                                        REQUIRED
                NUMBER                                         (kgs)




  DONE AT THE CARIBBEAN COMMUNITY (CARICOM) SECRETARIAT THIS
  …………. DAY OF …………………………… TWO THOUSAND AND TEN




  CARIBBEAN COMMUNITY
  SECRETARY-GENERAL
Appendix VIII to Attachment I

              Letter from Secretary-General Authorizing Suspension


DATE

THE COMPETENT AUTHORITY
MEMBER STATE

Dear




I wish to advise that acting under the Authority conferred on me by the COTED under
Paragraph 3 of Article 83 of the Revised Treaty Establishing the Caribbean Community,
including the CARICOM Single Market and Economy, I have authorized suspension of
the     Common        External     Tariff      (CET)     by     …………………….on
…………………………………………………………………………..as set down in the
attached Certificate authorising Suspension.


The suspension is granted on the basis of…………………………………………….



Yours sincerely,




SECRETARY-GENERAL
ATTACHMENT II


           STEPS OUTLINING THE NEW PROCEDURE FOR INVOKING OF
                        THE SAFEGUARD MECHANISM


Step 1
The Entity that is unable to obtain supplies of the input from within the Community must
apply to the Competent Authority in writing in the Member State concerned, i.e. the
Ministry designated by each Member State for this purpose. The Entity must also inform
the Competent Authority of the quantity and specification and of efforts to source
supplies of the inputs from local and regional suppliers. The Entity must endeavour to
provide evidence of unfulfilled orders, evidence of the response of the regional producer
including transportation logistics (force majeure excepted) and information showing
what efforts they have made to obtain regional supplies.


Step 2
The Competent Authority on receipt of a request from an Entity for a Certificate under
the Safeguard Mechanism, is required to assess the ability of other local Entities within
the Member State to supply the required input by seeking information from known
suppliers whether supplies in adequate quantities and required specifications are, or are
not available for the period requested. A record of responses from local Entities must be
kept by the Competent Authority to confirm that there was adequate consultation at the
national level;


Step 3
The Competent Authority having been satisfied that local Entities are unable to supply
the required input in the quantity, specifications and time period required, will submit a
Request for Invoking of the Safeguard Mechanism under Paragraphs 4-7 of Article 84 of
the Revised Treaty (See Appendices I and II to this Attachment) for the consideration
of the Secretary-General and at the same time, inform the Competent Authorities of the
other Member States of the request for a Certificate under the Safeguard Mechanism
for the input in question. The request will include the summary of responses compiled
locally and will be inserted in the attached application


Step 4
The Secretary-General being satisfied with the completeness of the information
submitted and that it is in accordance with the procedures agreed will immediately
formally acknowledge receipt of the request for Invoking of the Safeguard Mechanism
for the requested input (See Appendix III to this Attachment).


Step 5
Once the Secretary-General is satisfied that all relevant information has been submitted
in compliance with these procedures he will promptly enquire of the Competent
Authorities of the other Member States by the quickest way possible to ascertain that
supplies of the inputs are or are not available in the quantities and specifications and for
the time period requested (See Appendix IV to this Attachment).


Step 6
The Competent Authority on receipt of the Secretary-General’s enquiry, is required to
ascertain from local suppliers within the Member State that supplies of the inputs are or
are not available indicating quantity, standards and the time period requested.


Step 7
The Member States to whom the Secretary-General’s enquiries are directed are
required to respond within seven (7) calendar days of the dispatch of these enquiries,
copying their replies to the Competent Authority in the requesting Member State. The
response should include:


(a)    The known suppliers consulted;
       Whether supplies are available for export from your Member State as per request
       and the contact information for the suppliers; In cases where a Member State is
       able to supply the products requested in the required quantities, specifications,
and for the period requested, the Competent Authority will advise the Secretary-
      General that having consulted with known suppliers that supplies are available.
      The Competent Authority must indicate the name and contact information of the
      supplying Entity, including the quantity to be supplied and for what time period.
      The Competent Authority must also include an indication of the supplier’s annual
      production capacity, the supplier’s local, regional and international supply
      commitments as well as an indication to supply within the timeframe requested
      (See Appendix V to this Attachment);


(b)   Where supplies are not currently available, an indication whether or when
      supplies would be available;


(c)   Where supplies of a input are available but not in the quantity requested, the
      Competent Authority will so advise the Secretary-General and indicate the time
      frame when it will become available


      Whether or not supplies are available, the Member States enquired of are
      required to respond (and the Secretary-General should insist upon receiving at
      least from those Member States known to be producers of the input in question)
      and to give a specific answer to the questions posed.


      Where the 14 day period has elapsed and a known producer has not provided a
      definitive response to the Secretary-General to the questions posed, the
      Secretary General should again seek a response and after 7 calendar days,
      notwithstanding that he might not have received a reply from the Competent
Authority   of a known supplier, make the appropriate determination on whether to
grant the   Certificate.
Step 8
(a)   Upon receipt of information of a Member State’s ability to supply the input
      requested, the Secretary-General will within two calendar days inform the
      Competent Authority in the requesting Member State of the Supplying Member
      State’s ability to supply the requested input. The Secretary-General will indicate
      the contact information of the Supplying Entity (which is to include Name,
      Address, Telephone, Fax and Email) and will urge direct communication between
      it and the Requesting Entity. The Secretary-General will advise that a Certificate
      under the Safeguard      Mechanism on the requested input cannot be granted at
      this time (See Appendix VI to this Attachment);


      The Competent Authority in the supplying Member State will monitor whether the
      supplier actually supplies the product at a reasonable time and report to the
      Secretary-General on any difficulties encountered by the supplier. Where the
      supplier encounters difficulties in supplying in a reasonable time-frame, the
      Secretary-General will grant the Certificate under the Safeguard Mechanism
      (See Appendices VII and VIII to this Attachment);


OR


(b)   Upon receipt of information of a Member State inability to supply, within the
      period of five calendar days after the seven-day period allotted for response of
      Member States, the Secretary-General will make a decision whether to grant a
      Certificate under the Safeguard Mechanism on the product in question.


Step 9
Where a private sector Entity has advised the Secretary-General that supplies of an
input is available, the Secretary-General will ascertain from the Competent Authority in
the relevant Member State and verify that the requisite consultations have been held
between the Competent Authority and their domestic suppliers of the input in question.
The Competent Authority is required to respond to the Secretary-General’s letter of
enquiry within seven calendar days.


Step 10
The Secretary-General shall inform the Member States of the issue of his Certificate
including any conditions attaching thereto and that goods manufactured from like
materials imported from outside the Community shall be deemed to be of Community
Origin.




Step 11
The Secretary-General will report to the COTED at its next meeting, giving particulars of
any action taken by him under Article 84 of the Revised Treaty.
Appendix I to Attachment II

       Request from Competent Authority to Secretary-General for Invoking
                        of the Safeguard Mechanism

                               CARIBBEAN COMMUNITY
(Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84)



Date




Attached for your attention is a completed Request for the Invoking of the Safeguard
Mechanism      under   Paragraph     7   of   Article    84   of     the   Revised   Treaty   in
respect…………………of                     Tariff             Heading…………………manufactured
by………………………… using extra-regional ……………………… as declared in the
Request.


Further to consultations with the local business community, the Competent Authority of
(Member State) wishes to advise that the known producers provided responses to our
request for suppliers of (Requested item) dated ………………………….. as follows:


i. Company A – Unable to Supply.

ii. Company B – Unable to Supply.


OR

iii. No known suppliers exist locally.



…………………………...
(Authorised signature)
Date
APPENDIX II to ATTACHMENT II
                                            REQUEST FOR THE INVOKING OF THE SAFEGUARD MECHANISM
                                                      UNDER PARAGRAPH 7 OF ARTICLE 84:
                                             THE COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY
                                              INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY
                                                                 (PAGE 1 OF 2)



Name and Address       Material Required                                                   Goods To Be Produced
of        Producer/                                                                                    Description
Manufacturer      of   Tariff     Description   Amount     Technical        Period      of Tariff                    Amount     Estimated
Goods utilizing the    Heading                  Quantity   Specifications   Importation    Heading No.               Quantity   Value
required Material      No.
REQUEST FOR THE INVOKING OF THE SAFEGUARD MECHANISM
                            UNDER PARAGRAPH 7 OF ARTICLE 84:
                   THE COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY
                    INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY
                                       (PAGE 2 OF 2)




REASON FOR REQUEST FOR
THE  INVOKING OF    THE EVIDENCE      OF    INABILITY   TO EVIDENCE       OF REMARKS
SAFEGUARD     MECHANISM SUPPLY:                            CONSULTATION
UNDER ARTICLE 84



                        INCLUDING:                             LOCAL

                        i. Unfulfilled Orders




                        ii. Transportation Logistics           REGIONAL




                        iii. Efforts made to obtain regional
                        supplies
Appendix III to Attachment II

              Acknowledgement of Receipt from Secretary-General

                          CARIBBEAN COMMUNITY
  (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of
                                    Article 84)



Date

The     Secretary-General      acknowledges      receipt    of     your     request
dated……..………and         received   on………..………for           the   Invoking   of   the
Safeguard Mechanism on the items listed below:


Required Extra Regional Material       Goods to be Produced




The Secretary General is initiating enquires in Member States regarding the
availability and quantities of the materials on which the Invoking of the Safeguard
Mechanism is being requested.


The processing of the request for the Invoking of the Safeguard Mechanism will
be in accordance with the new procedures agreed by the COTED.


……………………………..
Secretary-General
Date
Appendix IV to Attachment II

                 Secretary-General’s Enquiry to Member States

                          CARIBBEAN COMMUNITY
  (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of
                                    Article 84)

Date

The Secretary General has received a request from the Government of
…………………………... for the Invoking of the Safeguard Mechanism under
Paragraph 7 of Article 84 of the Revised Treaty in respect…………………of
Tariff    Heading…………………manufactured               by…………………………using
extra-regional……………………………………. as per attached.


The Secretary-General is seeking your response specifically indicating that
supplies of……………………………are or are not available in the quantities,
specifications, and time period requested. You are requested to consult with all
known domestic suppliers, in order to enable the Secretary-General to make an
informed determination, on whether or not to grant the Certificate.


Your response to the Secretary-General should therefore indicate:


   (iv)   the suppliers consulted;
   (v)    whether supplies are available for export from your Member State as
          per request and the contact information for the suppliers; and
   (vi)   where supplies are not currently available, an indication of if and when
          supplies would be available.


In keeping with the decision of the COTED regarding procedures relating
thereto,   Member       States     are  requested   to   respond     by
………………….………...
……………………………
Secretary-General
 Date
Appendix V to Attachment II

    Response from Competent Authority to the Secretary-General’s Enquiry

                           CARIBBEAN COMMUNITY
          (Request for the Invoking of the Safeguard Mechanism under
                            Paragraph 7 of Article 84)

Date

In response to your enquiry whether suppliers of………………..………..are
available, the Government of………………………….wishes to advise that:

It has consulted with the known producers of……………………………as follows:

   (b) Supplies are available from;

   (iv)   (Company A) can supply - Name, quantity that can be supplied and for
          what time period and contact information;

   (v)    Company B) can supply - Name, quantity that can be supplied and for
          what time period and contact information;

   (vi)   (Company C) can supply - Name, quantity that can be supplied and for
          what time period and contact information, and


(b) Supplies are not available currently for the period from;

(Requesting entity) is a manufacturer of (Requested item) in (Requesting
Member State). This firm has the current capacity to produce (Quantity)
annually, of which (quantity) is targeted at local customers and (Quantity) for
regional export.




…………………………
(Authorised signature)
Date
Appendix VI to Attachment II

                      Denial of Request by Secretary-General

                          CARIBBEAN COMMUNITY
  (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of
                                    Article 84)



Date

The Secretary General has received in response to your request for Invoking of
the Safeguard Mechanism under Paragraph 7 of Article 84 of the Revised Treaty
on ………………using extra regional materials, communication from ……………
(copy of which is attached) indicating ability to supply .


The Secretary General recommends direct communication between Requesting
Member State and Supplying Member State on the supply of Requested Item.
The contact information is as follows;


Name
Address
Telephone
Fax
Email


The Secretary General is requesting that you submit copies of the
correspondence so that it could monitor the regional supply of this product(s).


In the circumstances, I have to advise that authorization for Invoking of the
Safeguard Mechanism under Paragraph 7 of Article 84 of the Revised Treaty on
Requested Item cannot be granted at this time.


SECRETARY-GENERAL
Appendix VII to Attachment II

                 Certificate from Secretary General Granting a Certificate under
                                    the Safeguard Mechanism

                                       CARIBBEAN COMMUNITY
        (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84)

             CERTIFICATE ISSUED PURSUANT TO PARAGRAPH 7 OF ARTICLE 84:
                 COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY
                 ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING
                      THE CARICOM SINGLE MARKET AND ECONOMY

        PURSUANT TO THE AUTHORITY CONFERRED UPON ME BY PARAGRAPH 7 OF
        ARTICLE 84: COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY
        ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING THE CARICOM
        SINGLE MARKET AND ECONOMY, I HEREBY ISSUE TO THE COMPETENT
        AUTHORITY      OF     ………………….           THIS    CERTIFICATE       WHICH      SHALL
        NOTWITHSTANDING ANYTHING TO THE CONTRARY SET OUT IN (THE SAID)
        ARTICLE 84 ENABLE                  (AS SET OUT IN THE TABLE UNDER GOODS TO
        BE PRODUCED),       MANUFACTURED BY……………………                         USING    EXTRA-
        REGIONAL ………………………….(AS SET OUT IN THE TABLE UNDER MATERIALS
        AUTHORISED TO BE USED) TO BE DEEMED TO SATISFY THE QUALIFYING
        CONDITIONS FOR COMMUNITY ORIGIN.
MEMBE   MANU-       MATERIALS AUTHORISED TO BE USED          GOODS TO BE PRODUCED
R       FACTURE     TARIFF                                   TARIFF     DESCRIPTION
STATE   R           HEADING DESCRIPTION    AMOUNT            HEADING                       AMOUNT
                    NO.                    (pcs)             NO.                           (pcs)




        THIS CERTIFICATE SHALL HAVE EFFECT FOR THE PERIOD
        ………………………….20XX TO …………………………… 20XX.

        DONE AT THE CARIBBEAN COMMUNITY (CARICOM) SECRETARIAT THIS
        …. DAY OF ………………………… TWO THOUSAND AND…...

        SECRETARY-GENERAL
        CARIBBEAN COMMUNITY
Appendix VIII to Attachment II

           Letter from Secretary General Granting a Certificate under
                           the Safeguard Mechanism

                           CARIBBEAN COMMUNITY
    (Request for the Invoking of the Safeguard Mechanism under Paragraph 7
                                   of Article 84)




DATE


ADDRESS


Dear,


I wish to advise that acting under the Authority conferred on me by Paragraph 7
of Article 84 of the Community Rules of Origin of the Revised Treaty Establishing
the Caribbean Community, Including the CARICOM Single Market and Economy.
I   have    issued   a   Certificate   under   the    Safeguard    Mechanism    for
……………………. to the Competent Authority of ………………………………..


Yours sincerely,




SECRETARY-GENERAL

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Caricom steps outlining the new procedures for requests for suspension of the cet under art. 83 of the revised treaty of chaguaramas

  • 1. ANNEX III STEPS OUTLINING THE NEW PROCEDURE FOR REQUESTS FOR SUSPENSION OF THE CET PART A - BY THE SECRETARY-GENERAL UNDER ARTICLE 83 OF THE REVISED TREATY OF CHAGUARAMAS Step 1 The Entity that is unable to obtain supplies from within the Community must apply to the Competent Authority in the Member States concerned, in writing i.e. the Minister so designated by each Member State for this purpose. The Entity must also inform the Competent Authority of the quantity, standard, the urgency of the request, and of efforts to source supplies of the product from local and regional suppliers. The Entity must endeavor to provide evidence of unfulfilled orders; evidence of the response of the regional producer including transportation logistics (force majeure excepted); and information showing what efforts it had made to obtain regional supplies. Step 2 The Competent Authority on receipt of a request from an Entity for a suspension of the Common External Tariff (CET), is required to assess the ability of other local Entities within the Member State to supply the required product by seeking information from known suppliers whether supplies in adequate quantities and required specifications are, or are not available for the period requested. A record of responses from local Entities must be kept by the Competent Authority to confirm that there was adequate consultation at the national level. Step 3 The Competent Authority having been satisfied that the request is urgent and that local Entities are unable to supply the required product in the quantity or standard within the time period required, will submit a request for suspension of the CET for the consideration of the Secretary-General and at the same time
  • 2. may inform the Competent Authorities of the other Member States of the request for a suspension of the CET on the product in question. The request will include the summary of responses compiled locally and will be inserted in the attached ‘Request for Alteration or Suspension of the Common External Tariff’ (See Appendices I and II to this Attachment). Step 4 The Secretary-General, being satisfied with the completeness of the information submitted and that it is in accordance with the procedures agreed, will immediately formally acknowledge receipt of the request for suspension of the CET on the requested product (See Appendix III to this Attachment); Step 5 Once the Secretary-General is satisfied that all relevant information has been submitted in compliance with these procedures he/she will promptly enquire of the Competent Authorities of the other Member States by the quickest possible to ascertain that supplies of the product are or are not available in the quantities and standards and for the time period requested (See Appendix IV to this Attachment). Communication by the Secretary-General will be by email, fax or by the quickest possible means; Step 6 The Competent Authority on receipt of the Secretary-General’s enquiry, is required to ascertain from local suppliers within the Member State that supplies of the product are or are not available indicating quantity, specification and the time period requested. Step 7 The Member States to whom the Secretary-General’s enquiries are directed are required to respond within seven calendar days of the dispatch of these
  • 3. enquiries, copying their replies to the Competent Authority in the requesting Member State. The response should include- (a) The known suppliers consulted; (b) Whether supplies are available for export from that Member State as per request and the contact information for the suppliers. In cases where a Member State is able to supply the products requested in the required quantities, standards, and for the period requested, the Competent Authority will advise the Secretary-General that having consulted with known suppliers that supplies are available. The Competent Authority must indicate the name and contact information of the supplying Entity, including the quantity to be supplied and for what time period. An indication of the supplier’s capacity, actual annual production with regards to the supply capabilities to the local, regional and extra-regional markets must be provided (Appendix V to this Attachment); (c) Where supplies are not currently available, an indication of whether or when supplies would be available; (d) Where supplies of a product are available but not in the quantity requested, the Competent Authority will so advise the Secretary-General and indicate the time frame when it will become available. Whether or not supplies are available, the Member States are required to respond (and the Secretary-General should insist upon receiving at least from those Member States known to be producers of the input in question) and to give a specific answer to the questions posed. Where the 14 day period has elapsed and a known producer has not provided a definitive response to the Secretary-General to the questions posed, the
  • 4. Secretary General should again seek a response and after 7 calendar days, notwithstanding that he might not have received a reply the Competent Authority of a known supplier, make the appropriate determination on whether to grant the suspension. Step 8 Upon receipt of information of a Member State’s: (a) ability to supply the product requested, the Secretary-General will within two working days inform the Competent Authority in the requesting Member State of the supplying Member State’s ability to supply the requested product. The Secretary-General will indicate the contact information of the supplying Entity (which is to include Name, Address, Telephone, Fax and Email) and will urge direct communication between the supplying Entity and the requesting Entity. As a result of the ability to supply, the Secretary-General will advise that authorization for the suspension of the tariff on the requested product cannot be granted at this time (Appendix VI to this Attachment). The Competent Authority in the supplying Member State will monitor whether the supplier actually supplies the product within a reasonable time and report to the Secretary-General on any difficulties encountered by the supplier. Where the supplier encounters difficulties in supplying in a reasonable timeframe, the Secretary-General will grant the Suspension; (b) inability to supply, after the seven-day period allotted for response of Member States, the Secretary-General will within two calendar days, make a decision whether or not to grant approval, on behalf of the Council for Trade and Economic Development (COTED), for the suspension of the rate under the CET on the product in question. He/she will advise the
  • 5. Competent Authority in the requesting Member State and the other Member States the reasons for granting the suspension; Step 9 Where a private sector Entity has advised the Secretary-General before the Suspension is issued that supplies of a product are available the Secretary- General will ascertain from the Competent Authority in the relevant Member State and verify that the requisite level of consultations have been held between the Competent Authority and the domestic suppliers of the product in question. The Competent Authority is required to respond to the Secretary-General’s letter of enquiry within seven calendar days; Step 10 The Competent Authority, on receipt of the Secretary-General’s Certificate Authorizing Suspension (See Appendices VII and VIII to this Attachment), must ensure that the quantity of materials or goods imported free of duty from extra-regional sources, does not exceed the quantity authorized by the Secretary-General’s Certificate. Step 11 The Secretary-General will report to the COTED at its next meeting, giving particulars of any action taken by him/her under Article 83 (3) of the Revised Treaty; Part B - By COTED under Article 83 of the Revised Treaty Step 1 The Entity that is unable to obtain supplies from within the Community must apply to the Competent Authority in writing in the Member States concerned, i.e. the Minister designated by each Member State for this purpose. The Entity must
  • 6. also inform the Competent Authority of the quantity, standard and of efforts to source supplies of the product from local and regional suppliers; Step 2 The Competent Authority on receipt of a request from an Entity for a suspension of the Common External Tariff (CET), is required to assess the ability of other local Entities within the Member State to supply the required product by seeking information from known suppliers whether supplies in adequate quantities and required standards are, or are not available for the period requested. A record of responses from local Entities must be kept by the Competent Authority to confirm that there was adequate consultation at the national level; Step 3 The Competent Authority having been satisfied that local Entities are unable to supply the required product in the quantity, standard and time period required, and that the request is not urgent or that a Meeting of the COTED is imminent, will submit to COTED through the Secretary-General at least fourteen calendar days prior to a scheduled Meeting of COTED (in accordance with the Rules of Procedure of COTED), a request for a suspension of the CET on the product in question. The request will include the summary of responses compiled locally and is set out as Appendix II (b) to this Attachment. Step 4 The Secretary-General will immediately circulate the submission from the requesting Member States for the consideration of other Member States prior to the COTED Meeting; Step 5 The Competent Authority on receipt of the Secretary-General’s enquiry, is required to notify the local Entities of the request to COTED and make the information on the ability to supply available prior to or at the Meeting of COTED;
  • 7. Appendix I to Attachment I Request from Competent Authority to Secretary-General CARIBBEAN COMMUNITY Draft Application for Suspension of the Common External Tariff (For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty) Attached for your attention is a completed request form for the suspension of the Common External Tariff (CET) rate on the captioned items in respect of the Government of ………………………for…………………………The Suspension is being requested under Article83 (2),{(a),(b),(c)},and the period of rate change sought is………………..to…………………. Further to consultations with the local business community, the Competent Authority of (Member State) wishes to advise that the known producers provided responses to our request for suppliers of (Requested item) dated ………………………….. as follows: i. Company A – Unable to Supply. ii. Company B – Unable to Supply. OR iii. No known suppliers exist locally. …………………………... Authorised signature Date
  • 8. Appendix II to Attachment I REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF UNDER PARAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY - Page 1 of 2 (a) (b) (c) (d) (e) (f) (g) NAMES AND TARIFF GOODS TO BE IMPORTED TECHNICAL CET RATE RATE PERIOD OF RATE ADDRESSES OF HEADING DESCRIPTION AMOUNT SPECIFICATIONS/ PROPOSED CHANGE (WHERE REQUESTING NO. STANDARD SUSPENSION OF INDIVIDUAL OR RATE IS SOUGHT) COMPANY Qty EST. VALUE US $ Information must be supplied on the efforts made to source the products from Local and Regional suppliers including identifying the Member State and companies from which supplies had been obtained prior to the present request.
  • 9. REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF UNDER PARAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY – Page 2 of 2 (h) (i) (j) (k) CERTIFICATION OF REASON FOR REQUEST FOR EVIDENCE OF INABILITY TO EVIDENCE OF GREAT URGENCY SUSPENSION OF RATE SUPPLY: CONSULTATION INCLUDING: Under Article 83 (2) LOCAL i. Unfulfilled Orders (a) Not being produced regionally □ REGIONAL (b) Does not satisfy demand □ ii. Transportation Logistics (c) Quality below regional iii. Efforts made to obtain regional standard □ supplies
  • 10. Appendix II (b) to ATTACHMENT I EXPLANATORY NOTE FOR COMPLETING Appendix II to ATTACHMENT I “REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF (CET) UNDER PAPRAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY”. This document contains the guidelines for completing the Request for Suspension of the Common External Tariff following the decision of Council for Trade and Economic Development (COTED) at its Twenty Eighth Meeting held in Barbados on 8 October 2009, to revise the procedures to be followed by the Secretary-General when processing requests for suspensions in-between meetings of the COTED. The Competent Authority is required in: Column (a) - NAMES AND ADDRESSES OF REQUESTING INDIVIDUAL OR COMPANY To provide the name of the requesting entity and its full postal and physical address. It should also include contact information i.e. telephone and fax numbers, website and email addresses. Column (b) – TARIFF HEADING NO. To provide the Tariff Heading as contained in the CET based on the Harmonized Commodity Description and Coding System (HS) 2007. Column (c) – GOODS TO BE IMPORTED To provide a description of the goods to be imported, giving details of quantity and an estimated value in United States dollars. Column (d) – TECHNICAL SPECIFICATIONS/STANDARD To provide physical characteristics of the item, the uniform application of which is regionally or generally recognised in the international community.
  • 11. Column (e) – CET RATE To provide the Rate of Duty for the corresponding Tariff Heading as contained in the CET based on the Harmonized Commodity Description and Coding System (HS) 2007. Column (f) – RATE PROPOSED To provide the Rate of Duty the Competent Authority wishes to apply during the period of suspension. Column (g) – PERIOD OF RATE CHANGE Relates to the period of time within which the suspension of the CET will be applicable. This period must not exceed one year when requests are made to the Secretary- General. Column (h) – INDICATION OF GREAT URGENCY May include possibility of serious injury or the threat of serious injury to the firm or economy or interruption in commercial activity. Column (i) – REASON FOR REQUEST FOR SUSPENSION OF RATE To indicate which of the three situations as outlined under Article 83 (2) best describes the reason (s) for requesting the suspension by placing a tick in the appropriate Column. Column (j) – EVIDENCE OF INABILITY TO SUPPLY To indicate under the relevant category what are the specific factors that prevent supply from local or regional suppliers. Such evidence could include letters, faxes or other written indications of the outcome of such consultations. Column (k) – EVIDENCE OF CONSULTATION To provide information to the satisfaction of the Secretary General that consultations have taken place within the Requesting Member State and responding Member States.
  • 12. Such evidence will include letters, faxes or other written indications of the outcome of such consultations.
  • 13. Appendix III to Attachment I Acknowledgement of Receipt from Secretary-General CARIBBEAN COMMUNITY Draft Application for Suspension of the Common External Tariff (For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty) Date The Secretary-General acknowledges receipt of your request dated……..………and received on………..………for suspension of the CET on the items listed below: i. …………………………………………………………… ii…………………………………………………………….. iii…………………………………………………………….. The Secretary-General is initiating enquires in Member States regarding the availability and quantities of the items on which suspension is being requested. The processing of the request for the suspension of the CET will be in accordance with the new procedures agreed by the COTED. …………………………….. Secretary-General Date
  • 14. Appendix IV to Attachment I Secretary-General’s enquiry of Member States to supply CARIBBEAN COMMUNITY Draft Application for Suspension of the Common External Tariff (For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty) Date The Secretary-General has received a request from the Government of …………………………... for the Suspension of the Common External Tariff under Article 83 of the Revised Treaty Establishing the Caribbean Community, including the CARICOM Single Market and Economy on ……………………………………. as per attached. The Secretary-General is seeking your response specifically indicating that supplies of…………………………………………….are or are not available in the quantities, specifications, and time period requested. You are requested to consult with all known domestic suppliers, in order to enable the Secretary-General to make an informed determination, on whether or not to grant the suspension. Your response to the Secretary-General should therefore indicate: (i) the suppliers consulted; (ii) whether supplies are available for export from your Member State as per request and the contact information for the suppliers; and (iii) where supplies are not currently available, an indication of if and when supplies would be available. In keeping with the decision of the COTED regarding procedures relating thereto, Member States are requested to respond by ………………….………... …………………………… Secretary-General
  • 15. Date Appendix V to ATTACHMENT I Response from Competent Authority to the Secretary-General’s Enquiry CARIBBEAN COMMUNITY Draft Application for Suspension of the Common External Tariff (For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty) Date In response to your enquiry whether suppliers of………………..………..are available, the Government of………………………….wishes to advise that: It has consulted with the known producers of……………………………as follows: (a) Supplies are available from; (i) Company A can supply - Name, quantity that can be supplied and for what time period and contact information; (ii) Company B can supply - Name, quantity that can be supplied and for what time period and contact information; (iii) Company C can supply - Name, quantity that can be supplied and for what time period and contact information, and (b) Supplies are not available currently for the period from; (Requesting entity) is a manufacturer of (Requested item) in (Requesting Member State). This firm has the current capacity to produce (Quantity) annually, of which (quantity) is targeted at local customers and (Quantity) for regional export. ………………………… (Authorised signature) Date
  • 16. Appendix VI to ATTACHMENT I Denial of Request by Secretary-General CARIBBEAN COMMUNITY Draft Application for Suspension of the Common External Tariff (For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty) Date The Secretary-General has received in response to your request for suspension of the Common External Tariff (CET) on ………………communication from …………… (copy of which is attached) indicating ability to supply . The Secretary General recommends direct communication between Requesting Member State and Supplying Member State on the supply of Requested Item. The contact information is as follows; Name Address Telephone Fax Email The Secretary-General is requesting that you submit copies of the correspondence so that it could monitor the regional supply of this product(s). In the circumstances, I have to advise that authorization for suspension of the CET on Requested Item cannot be granted at this time. SECRETARY-GENERAL
  • 17. Appendix VII to ATTACHMENT I Secretary-General’s Certificate Authorizing Suspension SUSPENSION OF THE COMMON EXTERNAL TARIFF (CET) UNDER PARAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY IN PURSUANCE OF THE POWERS CONFERRED UNDER PARAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY, I HEREBY AUTHORISE THE GOVERNMENT OF ………………….. TO SUSPEND THE COMMON EXTERNAL TARIFF IN RESPECT OF IMPORTS OF THE FOLLOWING ITEM(S) FROM ………………………. 200 TO ………………………….. 200. MEMBER IMPORT TARIFF DESCRIPTION OF GOOD QUANTITY STATE ER HEADING REQUIRED NUMBER (kgs) DONE AT THE CARIBBEAN COMMUNITY (CARICOM) SECRETARIAT THIS …………. DAY OF …………………………… TWO THOUSAND AND TEN CARIBBEAN COMMUNITY SECRETARY-GENERAL
  • 18. Appendix VIII to Attachment I Letter from Secretary-General Authorizing Suspension DATE THE COMPETENT AUTHORITY MEMBER STATE Dear I wish to advise that acting under the Authority conferred on me by the COTED under Paragraph 3 of Article 83 of the Revised Treaty Establishing the Caribbean Community, including the CARICOM Single Market and Economy, I have authorized suspension of the Common External Tariff (CET) by …………………….on …………………………………………………………………………..as set down in the attached Certificate authorising Suspension. The suspension is granted on the basis of……………………………………………. Yours sincerely, SECRETARY-GENERAL
  • 19. ATTACHMENT II STEPS OUTLINING THE NEW PROCEDURE FOR INVOKING OF THE SAFEGUARD MECHANISM Step 1 The Entity that is unable to obtain supplies of the input from within the Community must apply to the Competent Authority in writing in the Member State concerned, i.e. the Ministry designated by each Member State for this purpose. The Entity must also inform the Competent Authority of the quantity and specification and of efforts to source supplies of the inputs from local and regional suppliers. The Entity must endeavour to provide evidence of unfulfilled orders, evidence of the response of the regional producer including transportation logistics (force majeure excepted) and information showing what efforts they have made to obtain regional supplies. Step 2 The Competent Authority on receipt of a request from an Entity for a Certificate under the Safeguard Mechanism, is required to assess the ability of other local Entities within the Member State to supply the required input by seeking information from known suppliers whether supplies in adequate quantities and required specifications are, or are not available for the period requested. A record of responses from local Entities must be kept by the Competent Authority to confirm that there was adequate consultation at the national level; Step 3 The Competent Authority having been satisfied that local Entities are unable to supply the required input in the quantity, specifications and time period required, will submit a Request for Invoking of the Safeguard Mechanism under Paragraphs 4-7 of Article 84 of the Revised Treaty (See Appendices I and II to this Attachment) for the consideration of the Secretary-General and at the same time, inform the Competent Authorities of the other Member States of the request for a Certificate under the Safeguard Mechanism
  • 20. for the input in question. The request will include the summary of responses compiled locally and will be inserted in the attached application Step 4 The Secretary-General being satisfied with the completeness of the information submitted and that it is in accordance with the procedures agreed will immediately formally acknowledge receipt of the request for Invoking of the Safeguard Mechanism for the requested input (See Appendix III to this Attachment). Step 5 Once the Secretary-General is satisfied that all relevant information has been submitted in compliance with these procedures he will promptly enquire of the Competent Authorities of the other Member States by the quickest way possible to ascertain that supplies of the inputs are or are not available in the quantities and specifications and for the time period requested (See Appendix IV to this Attachment). Step 6 The Competent Authority on receipt of the Secretary-General’s enquiry, is required to ascertain from local suppliers within the Member State that supplies of the inputs are or are not available indicating quantity, standards and the time period requested. Step 7 The Member States to whom the Secretary-General’s enquiries are directed are required to respond within seven (7) calendar days of the dispatch of these enquiries, copying their replies to the Competent Authority in the requesting Member State. The response should include: (a) The known suppliers consulted; Whether supplies are available for export from your Member State as per request and the contact information for the suppliers; In cases where a Member State is able to supply the products requested in the required quantities, specifications,
  • 21. and for the period requested, the Competent Authority will advise the Secretary- General that having consulted with known suppliers that supplies are available. The Competent Authority must indicate the name and contact information of the supplying Entity, including the quantity to be supplied and for what time period. The Competent Authority must also include an indication of the supplier’s annual production capacity, the supplier’s local, regional and international supply commitments as well as an indication to supply within the timeframe requested (See Appendix V to this Attachment); (b) Where supplies are not currently available, an indication whether or when supplies would be available; (c) Where supplies of a input are available but not in the quantity requested, the Competent Authority will so advise the Secretary-General and indicate the time frame when it will become available Whether or not supplies are available, the Member States enquired of are required to respond (and the Secretary-General should insist upon receiving at least from those Member States known to be producers of the input in question) and to give a specific answer to the questions posed. Where the 14 day period has elapsed and a known producer has not provided a definitive response to the Secretary-General to the questions posed, the Secretary General should again seek a response and after 7 calendar days, notwithstanding that he might not have received a reply from the Competent Authority of a known supplier, make the appropriate determination on whether to grant the Certificate.
  • 22. Step 8 (a) Upon receipt of information of a Member State’s ability to supply the input requested, the Secretary-General will within two calendar days inform the Competent Authority in the requesting Member State of the Supplying Member State’s ability to supply the requested input. The Secretary-General will indicate the contact information of the Supplying Entity (which is to include Name, Address, Telephone, Fax and Email) and will urge direct communication between it and the Requesting Entity. The Secretary-General will advise that a Certificate under the Safeguard Mechanism on the requested input cannot be granted at this time (See Appendix VI to this Attachment); The Competent Authority in the supplying Member State will monitor whether the supplier actually supplies the product at a reasonable time and report to the Secretary-General on any difficulties encountered by the supplier. Where the supplier encounters difficulties in supplying in a reasonable time-frame, the Secretary-General will grant the Certificate under the Safeguard Mechanism (See Appendices VII and VIII to this Attachment); OR (b) Upon receipt of information of a Member State inability to supply, within the period of five calendar days after the seven-day period allotted for response of Member States, the Secretary-General will make a decision whether to grant a Certificate under the Safeguard Mechanism on the product in question. Step 9 Where a private sector Entity has advised the Secretary-General that supplies of an input is available, the Secretary-General will ascertain from the Competent Authority in the relevant Member State and verify that the requisite consultations have been held between the Competent Authority and their domestic suppliers of the input in question.
  • 23. The Competent Authority is required to respond to the Secretary-General’s letter of enquiry within seven calendar days. Step 10 The Secretary-General shall inform the Member States of the issue of his Certificate including any conditions attaching thereto and that goods manufactured from like materials imported from outside the Community shall be deemed to be of Community Origin. Step 11 The Secretary-General will report to the COTED at its next meeting, giving particulars of any action taken by him under Article 84 of the Revised Treaty.
  • 24. Appendix I to Attachment II Request from Competent Authority to Secretary-General for Invoking of the Safeguard Mechanism CARIBBEAN COMMUNITY (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84) Date Attached for your attention is a completed Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84 of the Revised Treaty in respect…………………of Tariff Heading…………………manufactured by………………………… using extra-regional ……………………… as declared in the Request. Further to consultations with the local business community, the Competent Authority of (Member State) wishes to advise that the known producers provided responses to our request for suppliers of (Requested item) dated ………………………….. as follows: i. Company A – Unable to Supply. ii. Company B – Unable to Supply. OR iii. No known suppliers exist locally. …………………………... (Authorised signature) Date
  • 25. APPENDIX II to ATTACHMENT II REQUEST FOR THE INVOKING OF THE SAFEGUARD MECHANISM UNDER PARAGRAPH 7 OF ARTICLE 84: THE COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY (PAGE 1 OF 2) Name and Address Material Required Goods To Be Produced of Producer/ Description Manufacturer of Tariff Description Amount Technical Period of Tariff Amount Estimated Goods utilizing the Heading Quantity Specifications Importation Heading No. Quantity Value required Material No.
  • 26. REQUEST FOR THE INVOKING OF THE SAFEGUARD MECHANISM UNDER PARAGRAPH 7 OF ARTICLE 84: THE COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY (PAGE 2 OF 2) REASON FOR REQUEST FOR THE INVOKING OF THE EVIDENCE OF INABILITY TO EVIDENCE OF REMARKS SAFEGUARD MECHANISM SUPPLY: CONSULTATION UNDER ARTICLE 84 INCLUDING: LOCAL i. Unfulfilled Orders ii. Transportation Logistics REGIONAL iii. Efforts made to obtain regional supplies
  • 27. Appendix III to Attachment II Acknowledgement of Receipt from Secretary-General CARIBBEAN COMMUNITY (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84) Date The Secretary-General acknowledges receipt of your request dated……..………and received on………..………for the Invoking of the Safeguard Mechanism on the items listed below: Required Extra Regional Material Goods to be Produced The Secretary General is initiating enquires in Member States regarding the availability and quantities of the materials on which the Invoking of the Safeguard Mechanism is being requested. The processing of the request for the Invoking of the Safeguard Mechanism will be in accordance with the new procedures agreed by the COTED. …………………………….. Secretary-General Date
  • 28. Appendix IV to Attachment II Secretary-General’s Enquiry to Member States CARIBBEAN COMMUNITY (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84) Date The Secretary General has received a request from the Government of …………………………... for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84 of the Revised Treaty in respect…………………of Tariff Heading…………………manufactured by…………………………using extra-regional……………………………………. as per attached. The Secretary-General is seeking your response specifically indicating that supplies of……………………………are or are not available in the quantities, specifications, and time period requested. You are requested to consult with all known domestic suppliers, in order to enable the Secretary-General to make an informed determination, on whether or not to grant the Certificate. Your response to the Secretary-General should therefore indicate: (iv) the suppliers consulted; (v) whether supplies are available for export from your Member State as per request and the contact information for the suppliers; and (vi) where supplies are not currently available, an indication of if and when supplies would be available. In keeping with the decision of the COTED regarding procedures relating thereto, Member States are requested to respond by ………………….………... …………………………… Secretary-General Date
  • 29. Appendix V to Attachment II Response from Competent Authority to the Secretary-General’s Enquiry CARIBBEAN COMMUNITY (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84) Date In response to your enquiry whether suppliers of………………..………..are available, the Government of………………………….wishes to advise that: It has consulted with the known producers of……………………………as follows: (b) Supplies are available from; (iv) (Company A) can supply - Name, quantity that can be supplied and for what time period and contact information; (v) Company B) can supply - Name, quantity that can be supplied and for what time period and contact information; (vi) (Company C) can supply - Name, quantity that can be supplied and for what time period and contact information, and (b) Supplies are not available currently for the period from; (Requesting entity) is a manufacturer of (Requested item) in (Requesting Member State). This firm has the current capacity to produce (Quantity) annually, of which (quantity) is targeted at local customers and (Quantity) for regional export. ………………………… (Authorised signature) Date
  • 30. Appendix VI to Attachment II Denial of Request by Secretary-General CARIBBEAN COMMUNITY (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84) Date The Secretary General has received in response to your request for Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84 of the Revised Treaty on ………………using extra regional materials, communication from …………… (copy of which is attached) indicating ability to supply . The Secretary General recommends direct communication between Requesting Member State and Supplying Member State on the supply of Requested Item. The contact information is as follows; Name Address Telephone Fax Email The Secretary General is requesting that you submit copies of the correspondence so that it could monitor the regional supply of this product(s). In the circumstances, I have to advise that authorization for Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84 of the Revised Treaty on Requested Item cannot be granted at this time. SECRETARY-GENERAL
  • 31. Appendix VII to Attachment II Certificate from Secretary General Granting a Certificate under the Safeguard Mechanism CARIBBEAN COMMUNITY (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84) CERTIFICATE ISSUED PURSUANT TO PARAGRAPH 7 OF ARTICLE 84: COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY PURSUANT TO THE AUTHORITY CONFERRED UPON ME BY PARAGRAPH 7 OF ARTICLE 84: COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY, I HEREBY ISSUE TO THE COMPETENT AUTHORITY OF …………………. THIS CERTIFICATE WHICH SHALL NOTWITHSTANDING ANYTHING TO THE CONTRARY SET OUT IN (THE SAID) ARTICLE 84 ENABLE (AS SET OUT IN THE TABLE UNDER GOODS TO BE PRODUCED), MANUFACTURED BY…………………… USING EXTRA- REGIONAL ………………………….(AS SET OUT IN THE TABLE UNDER MATERIALS AUTHORISED TO BE USED) TO BE DEEMED TO SATISFY THE QUALIFYING CONDITIONS FOR COMMUNITY ORIGIN. MEMBE MANU- MATERIALS AUTHORISED TO BE USED GOODS TO BE PRODUCED R FACTURE TARIFF TARIFF DESCRIPTION STATE R HEADING DESCRIPTION AMOUNT HEADING AMOUNT NO. (pcs) NO. (pcs) THIS CERTIFICATE SHALL HAVE EFFECT FOR THE PERIOD ………………………….20XX TO …………………………… 20XX. DONE AT THE CARIBBEAN COMMUNITY (CARICOM) SECRETARIAT THIS …. DAY OF ………………………… TWO THOUSAND AND…... SECRETARY-GENERAL CARIBBEAN COMMUNITY
  • 32. Appendix VIII to Attachment II Letter from Secretary General Granting a Certificate under the Safeguard Mechanism CARIBBEAN COMMUNITY (Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84) DATE ADDRESS Dear, I wish to advise that acting under the Authority conferred on me by Paragraph 7 of Article 84 of the Community Rules of Origin of the Revised Treaty Establishing the Caribbean Community, Including the CARICOM Single Market and Economy. I have issued a Certificate under the Safeguard Mechanism for ……………………. to the Competent Authority of ……………………………….. Yours sincerely, SECRETARY-GENERAL