Amendments

The Acts set out in Second Schedule are amended as provided in that Schedule. Disaster Preparedness and Response [CAP. 145 35 SCHEDULE 1 DISASTER PREPAREDNESS AND RESPONSE ACT Public Inquiry Procedure [Sections 15(3), 18(1)] 1. Where a public inquiry is to be held under the provisions of this Act, the Prime Minister shall by instrument in writing appoint a person to hold the public inquiry on his behalf. 2. A person appointed to hold a public inquiry under this Schedule shall have the same powers as regards the regulation of the proceedings of the inquiry and the summoning and examination of witnesses and shall enjoy the same privilege of immunity from suit as a Commissioner appointed under the Commission of Inquiry Act, Cap. 127 and that Act shall, mutatis mutandis, apply in relation to an inquiry under this Schedule and to any person summoned to give or giving evidence at any such inquiry. 3. The name of every person appointed to hold a public inquiry under this Schedule shall be published in the Gazette. 4. Notice shall be published in three issues of the Gazette and of at least one newspaper published in Belize of the date appointed by the Prime Minister for the holding of a public inquiry under this Schedule, the first such notice being not less than two weeks before the date so appointed. 5. The National Coordinator shall appear or be represented at every public inquiry under this Schedule. 6. The person appointed under paragraph 1 may, for the purposes of sections 15(4) and 18(2) of this Act, discharge the functions under this Schedule simultaneously with those relating to any public inquiry which that person may have been appointed to hold under any other Act. Disaster Preparedness and Response [CAP. 145 37 SCHEDULE 21 DISASTER PREPAREDNESS AND RESPONSE ACT Amendments [Section 36] Goods imported free of duty during disaster emergency, etc. 1. The Customs and Excise Duties Act, Cap. 48 is amended by inserting a new section 14A as follows, 14A. The Comptroller may during a threatened disaster alert or a disaster emergency under the Disaster Preparedness and Response Act, Cap. 145 permit goods to be imported free of duty where the National Emergency Co-ordinator certifies that the goods are urgently required for dealing with the threat or emergency. 2. The Belize Land Development Authority Act, Cap. 181 is amended by placing a comma after the words “Financial Secretary” in section 5(l) and inserting the words “the National Emergency Co-ordinator appointed under the Disaster Preparedness and Response Act, Cap. 145”. 3. The Housing and Town Planning Act, Cap. 182 is amended by, inserting, (a) after the words “which shall” in section 3(l) the words “subject to subsection (2)”; (b) at the end of section 3(2) the words “and one shall be the National Emergency Co- 1 The amendments made under this Schedule have been consolidated into their respective Principal Acts accordingly 38 ordinator appointed under the Disaster Preparedness and Response Act, Cap. 145”; (c) in section 41(1) the words “subject to the provisions of any special area precautionary plan under section 21 of the Disaster Preparedness and Response Act, Cap. 145” after the words “The Central Authority may”; (d) in section 51 the words “(other than the Disaster Preparedness and Response Act), Cap. 145” after the words “the operation of any law”; and (e) in section 53(4) the words “(other than the Disaster Preparedness Response Act), Cap. 145” after the words “Any law”. 4. The Land Utilization Act, Cap. 188 is amended by inserting after paragraph (d) of section 9(1) a new paragraph (dd) as follows, “(dd) the National Emergency Co-ordinator appointed under the Disaster Preparedness and Response Act, Cap. 145;”. 5. The Agricultural Fires Act, Cap. 204 is amended by, (a) substituting for the words “in his absolute discretion” in section 4(1) the words “subject to the provisions of any applicable fire protection plan under section 4 of the Forest Fire Protection Act, Cap. 212 and of any special area precautionary plan under section 21 of the Disaster Preparedness and Response Act, Cap. 145”. Disaster Preparedness and Response [CAP. 145 39 (b) inserting in section 5 the words “subject to the provisions of any applicable fire protection plan under section 4 of the Forest Fire Protection Act, Cap. 212 and of any special area precautionary plan under section 21 of the Disaster Preparedness and Response Act, Cap. 145” after the words “such applicant shall”. Disaster preparedness and response related power. 6. The Forest Fire Protection Act, Cap. 212 is amended by inserting a new section 14 as follows, “14. Any exercise of any power of the Chief Forest Officer under this Act is an exercise of a disaster preparedness related power within the meaning of section 13(1) of the Disaster Preparedness and Response Act, Cap. 145.” 7. The Environmental Protection Act, Cap.328 is amended by, (a) inserting in section 17 (2) the words “and to the provisions of any special area precautionary plan under section 21 of the Disaster Preparedness and Response Act, Cap. 145” after the words “Subject to this section”; and (b) inserting a new section 20(8) as follows, “(8) Any exercise of the powers of the Department under subsections (6) and (7) is an exercise of a disaster preparedness related power within the meaning of section 13(l) of the Disaster Preparedness and Response Act, Cap. 145.” 8. The General Sales Tax Act, Cap. 63 is amended by inserting a new section 14(6A) as follows, “(6A) The Comptroller of Customs may during a threatened disaster alert or a disaster emergency under the 40 Disaster Preparedness and Response Act, Cap. 145 exempt imported goods from the application of tax under section 13 and this section in any instance where the National Emergency Co-ordinator certifies that those goods are urgently required for dealing with the threat or emergency.” Disaster Preparedness and Response [CAP. 145 41 SCHEDULE 3 DISASTER PREPAREDNESS AND RESPONSE ACT Disaster Alert Advance Schedules Column 1 Type of Disasters Column 2 Disaster Alert Advance 1. Floods 38 hours 2. Meteorological hazards 38 hours 3. Hurricanes 38 hours 42 SCHEDULE 4 DISASTER PREPAREDNESS AND RESPONSE ACT Agreement Establishing the Caribbean Disaster Emergency Response Agency THE STATES PARTIES, CONSCIOUS that the fragile economies and ecosystems of Caribbean states are extremely vulnerable to natural and man-made disasters; RECALLING that during recent decades many Caribbean States have been adversely affected by a succession of hurricanes, namely Barbados (1955); Cuba, Trinidad and Tobago, Jamaica and Haiti (1964); Dominica and the Dominican Republic (1979); Saint Lucia, Haiti and Jamaica (1980) and Antigua and Barbuda, St. Kitts and Nevis and Montserrat (l989); RECALLING FURTHER the volcanic eruptions in Martinique and St. Vincent and the Grenadines (1902); Guadeloupe (1976); St. Vincent and the Grenadines (1979) as well as the earthquakes in Jamaica (1902); Puerto Rico (1918); the Dominican Republic (1946) and Antigua and Barbuda (1974); MINDFUL that, from time to time, several States of the Caribbean are subject to disastrous floods and landslides; AWARE of the need to complement the initiatives of the Pan Caribbean Disaster Preparedness and Prevention Project by establishing a mechanism among Caribbean States in order to facilitate immediate and coordinated assistance to States participating therein in the event of a disaster; HAVE AGREED AS FOLLOWS: Disaster Preparedness and Response [CAP. 145 43 Article 1 Definitions In this Agreement, unless the context otherwise requires, (a) “Caribbean” means the territories of Member Countries of the Pan Caribbean Disaster Preparedness and Prevention Project; (b) “CARICOM” means the Caribbean Community; (c) “Co-ordinator” means the Disaster Emergency Response Co-ordinator appointed pursuant to Article 7; (d) “disaster” means a sudden event attributable directly and solely either to the operation of the forces of nature or to human intervention or to both of them and characterised by widespread destruction of lives or property accompanied by extensive dislocation of public services, but excluding events occasioned by war, military confrontation or mismanagement; (e) “national relief” means the governmental agency charged organisation with responsibility for disaster relief management; (f) “Participating means a State party to this Agreement and State” and “affected Participating State” means such a State in the territory of which a disaster has occurred; (g) “State” includes a dependent political entity of the Caribbean. 44 Article 2 Establishment of the Agency The Caribbean Disaster Emergency Response Agency (hereinafter referred to as “the Agency”) is hereby established with the membership, structure, powers and functions herein set forth. Article 3 Membership Membership of the Agency shall be open to, (a) the States listed in the Annex to this Agreement; and (b) other States admitted to membership thereof in accordance with Article 32. Article 4 Objectives The Agency shall have the following objectives, (a) to make an immediate and co-ordinated response by means of emergency disaster relief to an affected Participating State; (b) to secure, co-ordinate and channel to interested inter-governmental and non- governmental organisations reliable and comprehensive information on disasters affecting a Participating State; Disaster Preparedness and Response [CAP. 145 45 (c) to mobilise and co-ordinate disaster relief from governmental and non-governmental organisations for affected Participating States; (d) to mitigate or eliminate, as far as practicable, the immediate consequences of disasters in Participating States; (e) to promote the establishment, enhancement and maintenance on a sustainable basis adequate emergency disaster response capabilities among the Members of the Agency. Article 5 Organs of the Agency The Agency shall have the following Organs with the powers and functions specified in this Agreement, (a) The Council; (b) The Board of Directors; and (c) The Co-ordinating Unit. Article 6 The Council 1. The Council shall consist of the Heads of Government of the Participating States. 2. Every member of the Council shall be entitled to nominate any other person to represent that member at meetings of the Council. 46 3. The Council shall meet in ordinary session at least once in every calendar year and shall convene in extraordinary sessions at the request of three-quarters of the membership of the Agency. 4. Subject to the provisions at paragraph 3 of this Article, the Council shall regulate its own procedure. Article 7 Functions of the Council The Council shall, (a) determine the policy of the Agency; (b) determine the organisation with which the Agency may establish functional relationships; (c) appoint the Disaster Emergency Response Co-ordinator on the recommendation of the Board of Directors; (d) designate such national disaster relief organisations as it may deem expedient as Sub-Regional Disaster Emergency Response Operational Units with the prior consent of the Government of the Participating State concerned; (e) approve the budgets of the Agency, and the contributions of Participating States thereto; (f) perform such other functions as it may deem necessary or expedient to achieve the objectives of this Agreement. Disaster Preparedness and Response [CAP. 145 47 Article 8 The Board of Directors 1. The Board of Directors shall consist of heads of national disaster relief organisations of Participating States with the Co-ordinator as its Chairperson. 2. The Chairperson shall convene the meetings of the Board of Directors which shall meet at least once in every calendar year. The Chairperson shall convene extraordinary meetings of the Board at the request of not less than one-half of its members. 3. Subject to the foregoing provisions, the Board of Directors shall regulate its own procedure. Article 9 Functions of the Board of Directors The Board of Directors shall, (a) establish procedures for mobilising national resources to provide assistance in a timely and efficacious manner; (b) establish a system for maintaining and sharing inventories of critical resources likely to be needed by Participating States in the event of a disaster; (c) establish arrangements for rapidly accessing financial resources to cover the cost of mobilisation in the event of disaster in a Participating State; 48 (d) establish and maintain systems for facilitating the movement of resources originating in or transiting a Participating State having regard to the requirements of immigration and customs authorities; (e) establish pro forma lists of the likely requirements of Participating States in the event of disasters; (f) establish standards and procedures for the fair and equitable deployment of resources made available by Participating States in response to a disaster; (g) determine the standards and procedures for a phased triggering of the disaster response mechanism; (h) assess the contributions of Participating States to the administrative budget of the Agency and the Emergency Assistance Fund referred to in Article 25 and make recommendations to the Council; (i) perform such other functions as the Council may determine. Article 10 The Co-ordinating Unit 1. The Co-ordinating Unit shall be the administrative headquarters of the Agency and it shall be located in such place as the Council shall decide. Disaster Preparedness and Response [CAP. 145 49 2. The Co-ordinator shall be the Chief Administrative Officer of the Agency and shall act in that capacity at all meetings of the Council. 3. The appointment of the Co-ordinator shall be for a term not exceeding five years and he may be re-appointed. 4. The Co-ordinator shall make an annual report to the Council on the work of the Agency. 5. The Co-ordinator shall appoint the staff of Unit. In particular, he shall appoint a Deputy Disaster Emergency Response Co-ordinator (hereinafter referred to as “the Deputy Co-ordinator”) who shall be appointed from among persons with experience of, and shown capacity in, matters relating to emergency relief operations, social welfare or administration. The Deputy Co-ordinator shall serve for a period not exceeding two years and he may be re-appointed. 6. The paramount consideration in the recruitment and appointment of staff in the Co-ordinating Unit and in the determination of their conditions of service shall be the need to ensure the highest standards of competence, efficiency and integrity. Subject to this consideration, due regard shall be paid to the importance of recruiting staff on as wide a geographical basis as possible. 7. In the performance of their duties the Co-ordinator and his staff shall not seek or receive instructions from the Government of any Participating State or from any source external to the Agency. They shall refrain from any action which may reflect adversely on their positions as international officials responsible only to the Agency. 8. Participating States undertake to respect the international character of the responsibilities of the Co- ordinator and his staff and not seek to influence them in the discharge of their duties. 50 9. Subject to the approval of the Board of Directors, the Coordinator shall establish the terms and conditions of service of the staff of the Co-ordinating Unit. Article 11 Functions of the Co-ordinating Unit In addition to any other functions which may be allocated to it by the Council or the Board of Directors, the Co-ordinating Unit shall, (a) develop and maintain a reliable damage assessment system and procedures to facilitate rapid and effective evaluation of a national disaster; (b) develop and maintain a comprehensive and reliable data base of key relevant resource persons, facilities, equipment supplies and a system of updating it; (c) establish, equip and maintain an emergency operations system capable of handling emergency telecommunications and facilitating co-ordination of emergency responses involving many services, supplies and facilities; (d) establish and maintain an efficient and reliable system of communications with sub- regional operational focal points in order to facilitate the mobilisation, deployment and co-ordination of disaster response supplies and services; (e) establish arrangements with regional airlines and shipping lines in order to ensure access to Disaster Preparedness and Response [CAP. 145 51 their facilities on a priority basis in the event of a disaster; (f) establish arrangements with regional media houses designed to ensure the dissemination of reliable information on national disasters to the public; (g) establish arrangements with CARICOM Committee of Ambassadors in various metropolitan centres in order to ensure the dissemination to them of reliable information on national disasters in Member States and to enlist their co-operation in mobilising disaster relief resources on a timely and structured basis; (h) establish and maintain a reliable system of communications with the heads of national relief organisations and ensure that their disaster response capabilities are maintained at agreed levels of operational efficiency; (i) establish and maintain relations with international relief organisations in order to facilitate accessing of their resources in the event of a disaster; (j) mobilise and organise technical assistance from interested national and international bodies to assist in the development of disaster response capabilities of Participating States; (k) provide a clearing house for relevant information and intelligence in all matters relating to disaster including current research being undertaken in all related regional institutions; 52 (l) on the basis of a distress call or on such other basis as may be agreed and in consultation with, Sub-Regional Disaster Response Operational Units, trigger the mechanism; (m) provide assistance on request to the heads of national relief organisations in the event of a disaster; (n) liaise with the disciplined forces of the sending States both in the planning and response stage of any operation mounted after the activation of the triggering mechanism; (o) review periodically, disaster response capabilities of Participating States and ensure that resources identified for the purpose are immediately available in the event of disasters in Participating States; (p) prepare the administrative and emergency budgets of the Agency for submission to the Board of Directors. Article 12 Sub-Regional Disaster Emergency Response Operational Unit 1. Where, pursuant to paragraph (d) of Article 7, the Council has designated Sub-Regional Disaster Emergency Response Operational Units, such bodies shall, (a) acquire and maintain on an updated basis comprehensive information on the facilities and services available in each of the Participating States for which they bear responsibility; Disaster Preparedness and Response [CAP. 145 53 (b) maintain and test on a regular basis a communication with the Co-ordinating Unit and with critical response agencies under the control of national relief organisations; (c) maintain independent fuel and power supplies and ensure that relevant physical facilities are in a condition to withstand a major disaster; (d) keep and maintain at the operational focal point in serviceable and optimal working condition an equipment package containing essential items determined by the Board of Directors, subject to the approval of the Council. 2. In making a designation referred to in paragraph I of this Article, the Council shall identify the States for which the Sub-Regional Disaster Response Operational Unit concerned shall have responsibility. Article 13 Undertaking of Participating States Without prejudice to the requirement to discharge any other obligations assumed under or in connection with this Agreement, Participating States undertake, (a) to establish or maintain, as the case may be, national relief organisations capable of responding swiftly, effectively and in a co- ordinated manner to disasters in Participating States; (b) to establish emergency disaster planning groups and define national policies and priorities in the event of disasters; 54 (c) provide national relief organizations with adequate support including named emergency co-ordinators, liaison officers with key Ministries, emergency services, utilities and the like; (d) to task the named agencies (including the emergency services, Health and Public Works) and their co-ordinators with specific functions and responsibilities to ensure the development of an adequate response capability to support national disaster action; (e) to define the role and functions of key agencies such as the Security Services, Health and Public Works in disaster emergency response management and establish a system for regular review of their procedure for co-ordinated response; (f) establish and equip a suitable emergency operations centre capable of handling emergency telecommunications and co- ordinating emergency responses involving many services; (g) develop and maintain an emergency telecommunications system based on the most appropriate technology to ensure the co- ordination of emergency operations involving the emergency services mentioned above as well as voluntary private sector services; (h) establish and strengthen procedures for coping with major disaster threats and scenarios and review systems for testing the procedures by drills and simulations; Disaster Preparedness and Response [CAP. 145 55 (i) to review and rationalise legal arrangements for disaster mitigation and emergency action; (j) to review and catalogue past disaster events and list credible future emergency event scenarios and identify and map areas with special problems like flood prone and landslide prone areas; (k) to establish data bases of key resources, both human and material, and a system for keeping them current and to computerise and integrate them into an automated emergency information system; (l) to develop, in collaboration with competent governmental agencies, an emergency shelter policy and programme involving the full participation of local officials in community- based organisations; (m) to develop and review a system for community participation, local mobilisation and counter disaster action in the event of isolation; (n) to develop strategies for loss reduction in the public and private sectors focusing on vital economic activities and life-line activities like water supply; (o) to develop a system and procedures for damage assessment in order to facilitate rapid and effective post impact evaluation; (p) to develop and implement a comprehensive disaster public awareness, information and education programme involving media houses, schools, voluntary agencies and other institutions in order to ensure public participation and community involvement in the disaster management system; (q) develop and implement appropriate training programme for persons involved in the disaster management system; (r) identify and seek participation in bilateral and multilateral technical co-operation programme designed to develop disaster management capabilities; (s) to identify, maintain in a state of readiness and make available immediately on request by the Co-ordinator relevant material and human resources in the event of disaster. Article 14 Relations with Governmental and Non-Governmental Institutions 1. The Agency may conclude agreements with Governmental, Inter-Governmental and non-Governmental organisations or agencies in order to achieve the objectives of the Agency. 2. Unless the Council decides otherwise, the Coordinator may negotiate and conclude such Agreements on behalf of the Agency. Article 15 Disciplined Forces 1. Where, in response to a request for assistance by any Participating State, members of the disciplined forces are Disaster Preparedness and Response [CAP. 145 57 dispatched to any part of the territory of the requesting State, the Co-ordinator shall, subject to the express prior agreement of the competent authorities of the requesting State, designate a Special Co-ordinator from among the senior officers of such forces, acting after consultation with the Chiefs of Staff or Commanding Officers of the disciplined forces concerned. 2. The Special Co-ordinator shall be charged with responsibility for co-ordinating the disaster relief efforts of the disciplined forces dispatched to the Participating State concerned for the purpose. 3. No member of the disciplined forces shall be dispatched to the territory of an affected Participating State without the express prior consent of that State. 4. In the absence of a contrary agreement between the requesting State and the sending State to that effect, members of the disciplined forces of the sending State shall be under the control and disciplinary authority of their commanding officer. Article 16 Direction and Control of Assistance 1. Subject to paragraph 2 of this Article, the overall direction, control, co-ordination and supervision of assistance dispatched to a requesting State shall be the responsibility within its territory of the requesting State. 2. Where the assistance from a sending State involves personnel other than disciplined forces, the sending State shall designate in consultation with the requesting State the person who should be in charge of, retain immediate operational supervision over the personnel, equipment and supplies provided by it. The person so designated shall exercise such supervision in co-operation with the competent authorities of the requesting State. 58 3. The requesting State shall provide to the extent of its capabilities local facilities and services for proper and efficient administration of communications assistance. In particular, the requesting State shall ensure that any ground stations brought into its territory for the purpose of rendering assistance shall be duly licensed to transmit and receive information in accordance with its domestic laws and regulations. 4. In the absence of a contrary agreement, ownership of equipment and materials dispatched to the requesting State by a sending State during periods of assistance shall be unaffected and their prompt return shall be ensured. 5. The requesting State shall ensure the protection of personnel, equipment and materials brought into its territory for the purpose of rendering assistance in the event of a disaster. Article 17 Competent Authorities and Contact Points 1. In the absence of a contrary indication from Participating States the competent authority and contact point to make requests for and accept offers of assistance in the event of a disaster shall be the head of the national relief organisation. 2. Contact points and a focal point within the Co- ordinating Unit shall be made available continuously. 3. The Co-ordinating Unit shall regularly and expeditiously provide Participating States and relevant international organisations with the information referred to in paragraphs 1 and 2 of this Article. Article 18 Disaster Preparedness and Response [CAP. 145 59 Confidentiality and Public Statements 1. Participating States shall respect the confidentiality of any confidential information becoming available to them in connection with assistance requested in the event of a disaster. Such information shall be used exclusively for the purpose of the assistance agreed upon. 2. The sending State shall use its best endeavours to co- ordinate with the requesting State before releasing information to the public on the assistance provided in connection with a disaster. Article 19 Costs of Providing Assistance Except as may otherwise be agreed between them, the expenses incurred by a sending State in providing assistance to a requesting State shall be defrayed by the sending State. Article 20 Termination of Assistance 1. The Co-ordinator shall, subject to paragraph 2 of this Article, in consultation with the requesting State, determine the period of response to a disaster. 2. The requesting or sending State may, at any time, after appropriate consultation and by notification in writing request the termination of assistance provided or received under this Agreement. 3. Upon a request being made in that behalf, the parties concerned shall consult with each other to make arrangements for the termination of the assistance. 60 Article 21 Privileges, Immunities and Facilities to be accorded a Sending State and its Personnel 1. The requesting State shall accord to personnel of the sending State and personnel acting on its behalf the necessary privileges, immunities and facilities for the performance of their functions in rendering assistance. 2. Subject to prior notification by the sending State and acceptance by the requesting State of the personnel of the sending State or personnel acting on its behalf, the requesting State shall, (a) grant to such personnel immunity from arrest, detention and legal process including criminal, civil and administrative jurisdiction of the requesting State, in respect of acts or omissions in the performance of their functions in rendering assistance; (b) grant to such personnel exemption from taxes, duties or other charges, in respect of the performance of their functions in rendering assistance, as is accorded to diplomatic personnel in accordance with international laws; (c) facilitate the entry into, stay in and departure from its territory of personnel so notified and accepted. 3. The requesting State shall, Disaster Preparedness and Response [CAP. 145 61 (a) accord the sending State exemption from taxes, duties or other charges on equipment and property brought into the territory of the requesting State by the sending State for the purpose of rendering assistance; (b) confer immunity from seizure, attachment or requisition of such equipment and property and ensure their return to the sending State. 4. Nothing in this Article shall require the requesting State to accord its nationals or permanent residents the privileges and immunities provided for in paragraph 2(b) of this Article. 5. All persons enjoying privileges and immunities under this Article have a duty to respect the law and regulations of the requesting State and shall not interfere in the domestic affairs of the requesting State. Article 22 Transit of Personnel, Equipment and Property Participating States shall, at the request of the requesting State or the sending State, take all measures necessary to facilitate the transit through their territory of duly notified personnel, equipment and property involved in rendering assistance to and from the requesting State. Article 23 Claims and Compensation 1. Participating States shall co-operate in order to facilitate the settlement of legal proceedings and claims under this Article. 62 2. In the absence of a contrary agreement, the requesting State shall, in respect of death or injury to persons, damage to or loss of property, or damage to the environment caused within its territory or under its control or jurisdiction in the course of providing the assistance requested, (a) not bring any legal proceedings against the sending State or persons or other legal entities acting on its behalf; (b) assume responsibility for dealing with legal proceedings and claims brought by third parties against the sending State or against persons or other legal entities acting on its behalf except in cases of wilful misconduct or gross negligence; (c) hold the sending State or persons or other legal entities acting on its behalf harmless in respect of legal proceedings referred to in sub-paragraph (b) hereof; (d) compensate the sending State or persons or other legal entities acting on its behalf for death or injury to personnel of the sending State or persons or other legal entities acting on its behalf and for loss of or damage to non-consumable equipment or materials related to the assistance except in cases of wilful misconduct or gross negligence by individuals causing the death, injury or loss or damage. 3. Nothing in this Article shall be construed to prevent compensation or indemnity available under any applicable international agreement or national law of a Participating State nor to require the requesting State to apply paragraph 2 of this Article, in whole or in part, to its nationals or permanent residents. Disaster Preparedness and Response [CAP. 145 63 Article 24 The Administrative Budget 1. The Agency shall establish an administrative budget, the funds of which shall be used to defray the ordinary expenses incurred in administering its affairs. 2. Participating States shall contribute to the administrative budget in accordance with a scale of assessment to be determined by the Board of Directors and approved by the Council. 3. The administrative budget shall be established on a biennial basis and the Co-ordinator shall cause the accounts of the Agency to be audited annually by external auditors and approved by the Board of Directors. 4. The report of the auditors shall be presented by the Co- ordinator to the Board of Directors as soon as practicable for the consideration and approval by the Board of Directors. 5. The Coordinator, with the approval of the Board of Directors, shall establish financial regulations for the Agency. Article 25 Emergency Assistance Fund 1. The Agency shall establish an Emergency Assistance Fund (hereinafter in this Article referred to as “the Fund”) which shall be used solely to defray expenses incurred in connection with the rendering of assistance in the event of a disaster occurring in a Participating State. 2. Participating States shall contribute to the Fund in accordance with a scale of assessment to be determined by the Board of Directors and approved by the Council. 64 3. The Co-ordinator may accept contributions to the Fund from sources external to the Agency on such conditions as may be prescribed by them and agreed by the Board of Directors but without discrimination as to the Participating States to receive such assistance. 4. The Co-ordinator shall cause the accounts of the Fund to be audited annually by the auditors referred to in paragraph 3 of Article 24. 5. Paragraph 4 of Article 24 shall apply for the purposes of the Fund. Article 26 Privileges and Immunities of the Agency 1. The Agency shall have international legal personality and such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its objectives. 2. The Agency, its property and assets shall enjoy in the territories of the Participating States immunity from legal process except to the extent that the Agency waives this immunity expressly in any particular case. 3. The property and assets of the Agency in Participating States wherever located and by whomsoever held shall be immune from search, requisition, confiscation, appropriation or any other form of seizure by executive or legislative action. 4. The property and assets of the Agency shall be exempt from restrictions, regulations, controls and moratoria of any kind. 5. The archives of the Agency, wherever located, shall be inviolable. Proprietary data, confidential information and Disaster Preparedness and Response [CAP. 145 65 personnel records shall not be placed in archives open to public inspection. 6. In respect of its official communications, the Agency shall be accorded by each Participating State treatment no less favourable than that accorded by that State to other international organisations. Article 27 Representatives and Staff of the Agency Representatives of Participating States attending meetings of the Council of the Board of Directors and the Co-ordinator and other staff of the Unit shall enjoy in the territory of each Participating State, (a) immunity from legal process with respect to acts performed by them in the exercise of their functions, except to the extent that the States which they represent or the Agency as appropriate expressly waives this immunity in any particular case; (b) where they are not nationals of that Participating State, the same exemptions from immigration, restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect of travelling facilities as are accorded by that Participating State to the representatives, officials and employees of comparable rank of other Participating States. Article 28 66 Exemptions from Taxes and Customs Duties 1. The Agency, its assets and property, its income and its operations and transactions within the contemplation of this Agreement, shall be exempt from all direct taxation and goods imported or exported for its official use shall be exempt from all customs duties. The Agency shall not claim exemption from taxes which are no more than charges for services rendered. 2. Where purchases of goods or services of substantial value necessary for the official activities of the Agency are made by or on behalf of the Agency, and where the price of such goods or services includes taxes or duties, appropriate measures shall, to the extent practicable, be taken by Participating States to grant exemptions from such taxes or duties or provide for their reimbursement. 3. Goods imported or purchased under an exemption provided for in this Article shall not be sold or otherwise disposed of in the territory of the Participating State granting the exemptions except under conditions agreed with that Participating Member State. 4. No tax shall be levied by participating States or in respect of salaries and other emoluments paid or any other form of payment made by the Agency to the Co-ordinator and staff of the Agency as well as experts performing missions for the Agency, not being their nationals. Article 29 Suspension of Rights and Privileges of Membership 1. A Participating State which is in arrears in the payment of its financial contribution to the administrative budget of the Agency shall have no vote in the Council or the Board of Directors if the amount of the arrears equals or exceeds the Disaster Preparedness and Response [CAP. 145 67 amount of the contributions due from it for the pre- ceding two financial years. 2. A Participating State which has grossly and persistently violated the obligations assumed under this Agreement may be suspended from the exercise of the rights and privileges of membership by the Council. 3. A determination within the meaning of paragraph 2 of this Article shall be made by the Council. Article 30 Settlement of Disputes In the absence of a contrary agreement between the parties concerned, all disputes arising from or in connection with the interpretation or application of this Agreement shall be settled by the Council. Article 31 Signature and Ratification The Agreement shall be open for signature by the States listed in the Annex to this Agreement and shall be subject to ratification in accordance with their respective constitutional procedures. Article 32 Entry into Force 1. This Agreement shall enter into force when Instruments of Ratification have been deposited by at least seven of the States listed in the Annex to this Agreement including Barbados, Jamaica and Trinidad and Tobago. 68 2. Any other Caribbean State not listed in the Annex to this Agreement may apply to become a member of the Agency. Applications for membership shall be submitted to the Co- ordinating Unit. Admission to membership of the Agency shall be determined by the Council on the recommendation of the Board of Directors. 3. A state admitted to membership in accordance with paragraph 2 of this Article shall deposit an appropriate Instrument of Accession with the CARICOM Secretariat before becoming entitled to enjoy the privileges of membership of the Agency. Article 33 Depository 1. The original of this Agreement and any amendment thereto shall be deposited with the CARICOM Secretariat. 2. The Secretary-General of CARICOM shall notify the Co-ordinating Unit of the Agency of the deposit of Instruments of Ratification or Accession, as the case may be. Article 34 Amendments 1. Any Participating State may propose amendments to this Agreement. 2. Any proposal for an amendment to this Agreement shall be submit- ted to the Co-ordinating Unit which shall transmit it to the Board of Directors with its comments. 3. The Board of Directors shall consider the proposal together with the comments of the Coordinating Unit and make a recommendation to the Council. Disaster Preparedness and Response [CAP. 145 69 4. The Council shall consider the proposal for amendment and may adopt it with such modifications as it deems necessary. 5. Amendments shall enter into force when ratified by all Participating States. Article 35 Denunciation and Withdrawal 1. Any Participating State may denounce this Agreement and withdraw from the Agency. 2. Any Participating State wishing to withdraw from the Agency shall give to the Co-ordinating Unit twelve months’ notice of its intention to do so and the Co-ordinator shall immediately notify the other participating States. 3. The notice mentioned in paragraph 2 of this Article may be with- drawn at any time prior to the date on which withdrawal is to take effect. 4. A Participating State withdrawing from the Agency5 shall honour any financial obligation duly assumed by it during the period of its membership. Article 36 Provisional Application 1. Seven or more of the Participating States listed in the Annex to this Agreement including Barbados, Jamaica and Trinidad and Tobago, may, upon signature, or at any later date before this Agreement enters into force, declare their intention to apply it provisionally. 70 2. Upon any such declaration the Secretary-General of CARICOM shall convene an inaugural meeting of the Council. [Then follows the Annex with the names of the States which are members to the Agreement.]