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General exceptions to the obligation to remove restrictions

Cap. 17:03, s. 25 · Revised Edition 2020

(1) Notwithstanding any provision to the contrary in this Act, the Competent Minister shall not be precluded from taking (a) to protect public morals or maintain public order and safety; (b) to protect human, animal and plant life; (c) to secure compliance with laws or regulations relating to customs enforcement, or to the classification, grading or marketing of goods, or to the operation of monopolies by state enterprises or enterprises given exclusive or special privileges; (d) to protect intellectual property rights or to prevent deceptive practices; (e) relating to gold or silver; (f) relating to products of prison labour; (g) relating to child labour; (h) to protect national treasures of artistic, historic or archaeological value; (i) to prevent or relieve critical food shortage in any exporting Member State; (j) relating to the conservation of natural resources or the preservation of the environment; or Caribbean Community (Movement of Factors) 23 (k) to secure compliance with laws or regulations which were consistent with the provisions of the Treaty including those relating to– (i) the prevention of deception and fraudulent practices, and the effects of default on contracts; or (ii) the protection of the privacy of individuals in relation to the proceedings and dissemination of personal data and the protection of confidentiality of individual records and accounts; (l) to protect existing economic activities which are based on traditional, historical or customary practices; (m) to give effect to international obligations including the treaties on the avoidance of double taxation. (2) Nothing in sub-section (1), shall be construed as permitting the Competent Minister to take any measure which constitutes arbitrary or unjustifiable discrimination against a national of another Members States.
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