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Interpretation

Cap. 17:03, s. 2 · Revised Edition 2020

(1) In this Act, unless the context otherwise requires“Committee of Central Bank Governors” means the body of the Community so named in Article 18 (2) of the Treaty; “Community” means the Caribbean Community including the CARICOM Single Market and Economy established by the Treaty; “Community Council of Ministers” or “the Community Council” means the organ of the Community so named in Article 10 (1) (b) of the Treaty; “Competent Minister” means the Minister responsible for foreign trade; “Conference of Heads of Government” or “Conference” means the organ of the Community so named in Article 10 (1) (a) of the Treaty; Caribbean Community (Movement of Factors) 7 “Council for Finance and Planning” or “COFAP” means the organ of the Community so named in Article 10 (2) (a) of the Treaty; “Council for Human and Social Development” or “COHSOD” means the organ of the Community so named in Article 10 (2) (d) of the Treaty; “Council for Trade and Economic Development” or “COTED” means the organ of the Community so named in Article 10 (2) (b) of the Treaty; “economic enterprise” includes– (a) any type of organization for the production of, or the trade in, goods or the provision of services (other than a non-profit organization) owned and controlled by a national of the (b) an agency, branch or a subsidiary of such enterprise of a national of a Member State; “functionary” means an administrative functionary; “Member State” means a Member State of the Community excluding an Associate Member within the meaning of Article 231 of the Treaty; “national” means a person who– (a) is a citizen of a Member State; (b) has a connection with a Member State of a kind which entitles that person to be regarded as belonging to or, if it be so expressed, as being a native or resident of such a Member Caribbean Community 8 (Movement of Factors) State for the purposes of the laws thereof relating to immigration; or (c) is a company or other legal entity constituted in a Member State in accordance with the laws thereof and which that Member State regards as belonging to it, provided that such company or other legal entity has been formed for gainful purposes and has its registered office and central administration, and carries on substantial activity within the Community and is substantially owned and effectively controlled by persons mentioned in paragraphs (a) and (b); “non-wage-earning activity” means an activity undertaken by a self-employed person; “right of establishment” includes the right to– (a) engage in any non-wage-earning activity of a commercial, industrial, agricultural, professional or artisan nature; (b) create and manage an economic enterprise; “service” means a service provided against remuneration other than wages in any, approved sector and “the provision of a service” means the supply of a service– (a) from the territory of a Member State into the territory of another Member State; (b) in the territory of one Member State to a service consumer of another Member State; Caribbean Community (Movement of Factors) 9 (c) by a service supplier of one Member State through commercial presence in the territory of another Member State; (d) by a service supplier of one Member State through the presence of a natural person of a Member State in the territory of another “Treaty” means the Revised Treaty of Chaguaramas establishing the Caribbean including the CARICOM Single Market and Economy signed at Nassau, The Bahamas, on 5th July, 2001.
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