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         CARICOM-Canada Trade and Development Agreement
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OTN - Trade Brief on CARICOM-Canada - The Regional Preparations For The Negotiation


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OTN - Trade Brief on CARICOM-Canada - The Regional Preparations For The Negotiation

  1. 1. OTN BARBADOS OFFICE 1st Floor, Speedbird House, Bridgetown BB11121, Ref: 31000.3/1-2010-07-28 BARBADOS Tel: (246) 430‐1670 Fax: (246) 228‐9528 Email: barbados.office@crnm.org OTN JAMAICA OFFICE 2ND Floor, PCJ Building, Kingston 5, JAMAICA Tel: (876) 908‐4242 Fax: (876) 754‐2998 Email: jamaica.office@crnm.org Trade Brief The Region’s Preparations for the Negotiation of a CARICOM-Canada Trade & Development Agreement Regional preparations for the Commencement of the Negotiations Regional preparations for the commencement of negotiations for a Trade and Development Agreement between CARICOM and Canada are at an advanced stage. At this juncture the following preparatory steps have been undertaken: 1. Senior CARICOM and Canadian Trade Officials have engaged in further exploratory technical discussions to identify the broad subject scope and structure of the negotiations in keeping with the mandates of the 19th Inter- Sessional Meeting of the Conference of Heads of Government held in March 2008. 2. The Draft CARICOM Negotiating Brief, which has been influenced by (i) the inputs of decisions taken at two Meetings of the Technical Working Group (TWG) on CARICOM-Canada negotiations; and (ii) recommendations of an OECS study to inform the sub-Region’s strategy and approach to the negotiations with Canada, has been completed. 3. National consultations on the draft Negotiating Brief in order to generate comments from stakeholders on the recommendations contained therein have been implemented. 4. The Draft Negotiating Brief has been approved by the Heads of Government during the 20th Inter-Sessional Meeting of the Conference of Heads of Government which was held 12-13 March 2009 in Belize. 5. In accordance with the mandate set by the 31st Special meeting of the Council for Trade and Economic Development (COTED) on External Trade Negotiations, a Paper was prepared which expressed the objectives and guiding principles which should inform the treatment of development in the negotiations. The recommendations of the paper have been appended to the Draft Negotiating brief. CARICOM-Canada Trade and Development Agreement
  2. 2. Page 2 www.crnm.org The Scope of the Negotiations While the approach to the negotiations adopted by Canada is likely to place emphasis on negotiating an ambitious and comprehensive Free Trade Agreement (FTA), CARICOM Member will maintain a stance which argues for the negotiation of an agreement which emphasizes the application of the Principle of Asymmetry. Therefore CARICOM expectations will include the negotiation of terms which accommodate the differences in development between CARICOM Member States and Canada on one hand, as well as the divergences in development amongst CARICOM countries. Furthermore, CARICOM will seek to secure an agreement which in its formal expression of scope and content prominently reflects a focus on development. Exploratory discussions held between CARICOM and Canadian officials in June 2008 in principle have resulted in an agreement that the negotiations will encompass five (5) negotiating Groups. These are as follows: Market Access/Trade in Goods, Trade in Services, Investment, Institutional and Dispute Settlement, Trade-related Issues. The Canadians also propose negotiations on Labour and Environment. The two sides have also agreed to exchange proposals before or during the negotiations. The proposed subject scope and potential negotiating groups are set out below: I: Goods/ Market Access -National Treatment and Market Access (including Agriculture) -Technical Barriers to Trade -Sanitary and Phytosanitary Measures -Emergency Action/Trade Defense Measures -Rules of Origin -Trade Facilitation -Customs Procedures II: Trade in Services -Cross-Border Trade in Services -Financial Services -Temporary entry of Business Persons -Telecommunications -Tourism -Cultural Co-operation III: Investment IV: Institutional and Dispute Settlement -Institutional & General Provisions -Dispute Settlement V: Trade Related Issues -Transparency in Government Procurement -Competition Policy, Monopolies & State Enterprises -E-Commerce -Intellectual Property/Trade and Innovation -Trade-Related Cooperation/ Development VI: Labour (Side Agreement) VII: Environment (Side Agreement) CARICOM-Canada Trade and Development Agreement
  3. 3. Page 3 www.crnm.org Final approval of the Parties on the scope of negotiations was achieved through the convening of a Meeting of the CARICOM Ministers of Foreign Trade and the Canadian Minister of International Trade which was held September 11th, 2009 – signaling the end of the exploratory phase of the negotiations The Structure of the Negotiations Negotiating Rounds will alternate between Canada and CARICOM, on the basis of two meetings in the Caribbean alternating with one in Canada. Regarding the timeframe for negotiations, both Sides agreed on the need for flexibility in the negotiating schedule, recognising the capacity constraints in CARICOM Member States and the need to take into consideration the nature of decision- making in CARICOM. It was agreed that to the extent possible, use would be made of video conferencing facilities. Technical negotiations will be conducted on two levels, between subject-specific lead negotiators from CARICOM and Canada and between Chief Negotiators of both Sides. Unlike in the EPA where separate meetings of the Principal Negotiators were convened, the Chief Negotiators will attend the Technical Negotiating Rounds and would have the opportunity to meet as necessary during, and at the end of each Negotiating Round to unblock issues in the negotiations. It was agreed during the September Ministerial that Ministerial oversight of the negotiations will be facilitated without establishing a Ministerial negotiating level. The process of Ministerial engagement will remain flexible and responsive to the negotiating process. Source: OTN CARICOM-Canada Trade and Development Agreement
  4. 4. Page 4 www.crnm.org The College of Lead and Alternate Lead Negotiators The simultaneous negotiation of several trade issues as part of one international trade agreement, such as the CARICOM‐Canada Trade and Development Agreement (TADA), is a complex process. Successful conclusion of the exercise requires not only administrative coordination but technocratic/thematic synchronization to ensure that per issue, the terms negotiated are complementary and are consistent with the overall negotiation mandate. Such undertakings are facilitated through a College of Negotiators. A College may be required for each negotiating arena. For the TADA negotiations, a College of Lead and Alternate Lead Negotiators was established and comprised of individuals with expertise in the various negotiating subjects and trade‐related disciplines. Led by the Dean of the College, who is the CARICOM Chief Negotiator, Ambassador Gail Mathurin, the College is directed by mandates approved by the CARICOM Heads of Government, and was supervised by trade ministers. The execution of the College’s technical responsibilities was informed by technical advice from the OTN. CARICOM-Canada Trade and Development Agreement
  5. 5. Page 5 www.crnm.org College of Negotiators for the CARICOM‐Canada Trade and Development Agreement CHIEF NEGOTIATOR Ambassador Gail Mathurin Director General, OTN FTA CO‐ORDINATOR Michele Lowe Senior Co‐ordinator, Hemispheric and Bilateral Negotiations, OTN MARKET ACCESS (GOODS) Lead Negotiator Alternate (Agriculture) Branford Isaacs Carl Greenidge Consultant OTN Deputy Senior Director CARIFORUM Lead Negotiator on Market Access (EPA); Former Director, ACP‐EU Technical Centre for Agricultural CARICOM Lead Negotiator on Market Access (FTAA), and Rural Cooperation (CTA), Netherlands (CARICOM‐Cuba) etc. Alternate (Rules of Origin and Customs Alternate (TBT ) Procedures) Norris Breedy Dr. Allyson Plummer Deputy Programme Manager, CARICOM Single Market & Economy CARIFORUM Alternate Negotiator on Market Access (EPA, FTAA) Alternate (Trade Defence Measures) Alternate (SPS) Audel Cunningham Malcolm Spence OTN Legal Counsel OTN Senior Co‐ordinator – Intellectual Property, Science and CARIFORUM technical expert on TDM (EPA negotiations) Technology CARIFORUM Alternate Negotiator on TBT & SPS (EPA) and CARICOM Alternate Negotiator on IPR (FTAA) TRADE IN SERVICES Lead Negotiator Alternate Sonja Allyson Francis Timothy Odle Programme Officer, Sir Shridath Ramphal Centre, UWI Deputy Programme Manager, Services Cave Hill OTN/Commonwealth Consultant for CARICOM Secretariat preparation of CARIFORUM EPA Services Offer Lawrence Placide Consultant, Adviser to the Government of Trinidad and Tobago, Services, CARIFORUM Alternate Negotiator (FTAA and EPA negotiations) Natallie Rochester‐King OTN Services Analyst CARICOM-Canada Trade and Development Agreement
  6. 6. Page 6 www.crnm.org INVESTMENT Lead Negotiator Alternate Francoise Hendy Lincoln Price Director of International Business, OTN Private Sector Liaison Ministry of Economic Affairs & Development (Barbados) Former Manager of Corporate Affairs, JAMPRO (Investment Barbados Lead Negotiator for Bilateral Investment Promotion) Member of Jamaican negotiating team for Treaties various Bilateral Investment Treaties TRADE‐RELATED ISSUES Lead Negotiator Alternate (Trade and Innovation) Patrice Pratt Malcolm Spence OTN Technical Advisor on Trade Related Issues OTN Senior Co‐ordinator – Intellectual Property, Science and (Government Procurement) Technology CARIFORUM Lead Negotiator on TRI (EPA) CARIFORUM Alternate Negotiator on TRI (EPA) and CARICOM Lead Negotiator on Government Procurement CARICOM Alternate Negotiator on IPR (FTAA) (FTAA) Alternate (Competition Policy) Audel Cunningham OTN Legal Counsel CARIFORUM technical expert on Competition Policy (EPA negotiations) LEGAL AND INSTITUTIONAL ISSUES Lead Negotiator Alternate Dr. Kusha Haraksingh Audel Cunningham Senior Lecturer, UWI St. Augustine OTN Legal Counsel Co‐ordinator – CARICOM Competition Commission CARIFORUM Lead Negotiator on Legal and Institutional Alternate (Institutional Issues) Issues (EPA) David Hales Programme Manager – External Economic and Trade Relations, CARICOM Secretariat; ACP Group, CARICOM‐DR FTA, CARICOM‐Costa Rica FTA, CARICOM‐Cuba FTA etc. CARICOM-Canada Trade and Development Agreement
  7. 7. Page 7 www.crnm.org CARICOM-Canada Trade and Development Agreement