ANNEX III


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

     PA...
may inform the Competent Authorities of the other Member States of the request
for a suspension of the CET on the product ...
enquiries, copying their replies to the Competent Authority in the requesting
Member State. The response should include-

...
Secretary General should again seek a response and after 7 calendar days,
notwithstanding that he might not have received ...
Competent Authority in the requesting Member State and the other
      Member States the reasons for granting the suspensi...
also inform the Competent Authority of the quantity, standard and of efforts to
source supplies of the product from local ...
Appendix I to Attachment I

           Request from Competent Authority to Secretary-General

                           C...
Appendix II to Attachment I REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF UNDER
PARAGRAPH 3 OF ARTICLE 83 OF THE RE...
REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF UNDER PARAGRAPH 3 OF ARTICLE 83
OF THE REVISED TREATY – Page 2 of 2

...
Appendix II (b) to ATTACHMENT I


EXPLANATORY NOTE FOR COMPLETING Appendix II to ATTACHMENT I
“REQUEST FOR SUSPENSION OF T...
Column (e) – CET RATE
To provide the Rate of Duty for the corresponding Tariff Heading as contained in the
CET based on th...
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
                          C...
Appendix IV to Attachment I

                  Secretary-General’s enquiry of Member States to supply

                   ...
Date
                                                         Appendix V to ATTACHMENT I

       Response from Competent A...
Appendix VI to ATTACHMENT I

                      Denial of Request by Secretary-General

                             CA...
Appendix VII to ATTACHMENT I

           Secretary-General’s Certificate Authorizing Suspension

          SUSPENSION OF T...
Appendix VIII to Attachment I

              Letter from Secretary-General Authorizing Suspension


DATE

THE COMPETENT AU...
ATTACHMENT II


           STEPS OUTLINING THE NEW PROCEDURE FOR INVOKING OF
                        THE SAFEGUARD MECHANI...
for the input in question. The request will include the summary of responses compiled
locally and will be inserted in the ...
and for the period requested, the Competent Authority will advise the Secretary-
      General that having consulted with ...
Step 8
(a)   Upon receipt of information of a Member State’s ability to supply the input
      requested, the Secretary-Ge...
The Competent Authority is required to respond to the Secretary-General’s letter of
enquiry within seven calendar days.


...
Appendix I to Attachment II

       Request from Competent Authority to Secretary-General for Invoking
                   ...
APPENDIX II to ATTACHMENT II
                                            REQUEST FOR THE INVOKING OF THE SAFEGUARD MECHANI...
REQUEST FOR THE INVOKING OF THE SAFEGUARD MECHANISM
                            UNDER PARAGRAPH 7 OF ARTICLE 84:
         ...
Appendix III to Attachment II

              Acknowledgement of Receipt from Secretary-General

                          ...
Appendix IV to Attachment II

                 Secretary-General’s Enquiry to Member States

                          CAR...
Appendix V to Attachment II

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

                   ...
Appendix VI to Attachment II

                      Denial of Request by Secretary-General

                          CARI...
Appendix VII to Attachment II

                 Certificate from Secretary General Granting a Certificate under
          ...
Appendix VIII to Attachment II

           Letter from Secretary General Granting a Certificate under
                    ...
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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

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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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 12. Such evidence will include letters, faxes or other written indications of the outcome of such consultations.
  13. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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

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