Amendment of Schedules and matters consequential thereon

(1) Where any amendment to the Agreement is accepted by the Caribbean Community, the Minister may, by Order published in the Gazette, amend the Schedule to this Act by including therein the amendment so accepted, to the extent such an amendment is applicable to Belize by virtue of Article 1.3 as read with Article 5.3 of the Agreement. (2) Any Order made under this section may contain such consequential, incidental, supplemental or ancillary provisions as he may consider to the Minister to be necessary or expedient for the purposes of giving due effect to the amendment, and without prejudice to the generality of the foregoing, may contain provisions amending references in this Act to specific provisions of the Agreement. (3) An Order made under this section shall be subject to negative resolution by both Houses of the National Assembly. (4) Where the Schedule is amended pursuant to this section, any reference in this Act to the Agreement shall, unless the context otherwise requires, be construed as a reference to the Agreement so amended. 6 SCHEDULE TRADE AND ECONOMIC CORPORATION AGREEMENT (CARICOM/CUBA) ACT The Trade and Economic Cooperation Agreement (Section 1) TRADE AND ECONOMIC CO-OPERATION AGREEMENT BETWEEN THE CARIBBEAN COMMUNITY (CARICOM) AND THE GOVERNMENT OF THE REPUBLIC OF CUBA The Caribbean Community (“CARICOM”) and the Government of the Republic of Cuba (hereinafter referred to collectively as the “Parties”), INSPIRED by the purposes of the Association of Caribbean States to promote an expanded economic space for regional trade and investment and to gradually and progressively foster economic integration, including the liberalization of trade, investment, transportation and other related areas: AWARE of the need to accelerate the process of Caribbean integration and of the importance attached by the Parties to the various ongoing sub-regional integration processes aimed at increasing and facilitating international competitiveness of the region and facilitating its development: RECOGNIZING the importance of improving the living standards of the Caribbean peoples and encouraging the progressive development of the economies of the Parties, taking into account the particular urgency of these aims for the less developed countries: BEARING IN MIND the different levels of economic development between CARICOM Member States and Cuba: Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 7 CONSIDERING the desirability of promoting a free trade area, moving appropriately towards greater participation of the economies of the Parties in the world economy, developing more dynamic and balanced economic and trade relations based on mutual benefits and a gradual reduction in customs tariffs and trade obstacles: COMMITTED TO the launch in the year 2001 of negotiations for the establishment of a Free Trade Area between the Parties: TAKING INTO ACCOUNT the benefits of formulating clear and accurate guidelines that allow for an increased involvement of the business entities of the Parties in the economic development of CARICOM Member States and Cuba: HAVING REGARD to the rights and obligations of CARICOM Member States under the Treaty establishing the Caribbean Community (CARICOM) and the rights and obligations of Cuba under the Treaty of Montevideo of 1980: BEARING in mind that Article 25 of the Treaty of Montevideo of 1980 to which the Republic of Cuba is a signatory, authorizes the signing of Partial Scope Agreements with other countries and economic integration groupings in Latin America, as a means of promoting the integration of the Latin American and Caribbean region: CONSIDERING the rights and obligations of Member States of CARICOM and of Cuba as Members of the World Trade Organization (WTO): COMMITTED to establishing closer trade and investment relations: AGREE AS FOLLOWS: Trade and Economic Cooperation 8 Article 1 INTERPRETATION 1. For the purpose of this Agreement , (i) references to the Agreement shall include references to the Annexes to the Agreement; and (ii) references to the “territories of the Parties” mean, in relation to each Member State of CARICOM and Cuba, respectively, its territory, as well as its air space and maritime areas, including the seabed and subsoil adjacent to the outer limit of the territorial sea, over which that State exercises, in accordance with national law and international law, jurisdiction and sovereign rights for the purpose of exploration and exploitation of the natural resources of such areas. 2. For the purpose of this Agreement, the More Developed Countries of CARICOM (hereinafter referred to as “the MDCs”) are, (i) Barbados; (ii) Guyana; (iii) Jamaica; (iv) Suriname; Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 9 (v) Trinidad and Tobago. 3. For the purpose of this Agreement, the Less Developed Countries of CARICOM (hereinafter referred to as “the LDCs”) are, (i) Antigua and Barbuda; (ii) Belize; (iii) Dominica; (iv) Grenada; (v) Montserrat; (vi) St. Kitts and Nevis; (vii) Saint Lucia; (viii) St. Vincent and the Grenadines. Article 2 OBJECTIVE The objective of this Agreement is the strengthening of the commercial and economic relations between the Parties through, (i) the promotion and expansion of trade in goods and services originating in the territories of the Parties by means of, inter alia, free access to the markets of the Parties, elimination of Trade and Economic Cooperation 10 non-tariff barriers to trade, the establishment of a system of rules of origin, and harmonisation of technical, sanitary and phytosanitary measures; (ii) the establishment of financial arrangements to facilitate the progressive development of two-way trade between the Parties; (iii) the progressive liberalization of trade in services; (iv) the encouragement of one Party in the market of the other Party so as to enhance the competitiveness of the Parties in the world market; (v) the provision of facilities for the establishment and operation of joint ventures and other forms of economic co-operation activities; (vi) the development of mechanisms that promote and protect the investments made by nationals of the Parties; (vii) the promotion and development of co-operative activities; (viii) the promotion of an ongoing system of consultation and coordination for the exchange of information and views on economic and social matters of mutual interest and, where feasible, for the adoption of common Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 11 positions at international forums and vis-a-vis third countries and groups of countries; (ix) the discouragement of anti- competitive business practices between the Parties; (x) the continuity and progress of work initiated within the CARICOM-Cuba Joint Commission (the Joint Commission) established by both Parties for the development of mutual relations. Article 3 JOINT COMMISSION 1. The Parties hereby agree that the Joint Commission shall exercise the following functions under this Agreement, (i) supervise the implementation and administration of the Agreement and compliance with its provisions; (ii) resolve any dispute arising from the interpretation and execution of this Agreement; (iii) establish Committees and Export Groups, delegate responsibilities to them and supervise their work; Trade and Economic Cooperation 12 (iv) keep this Agreement under periodic review, evaluate its performance and recommend measures for compliance with its provisions; (v) recommend any amendment or modification to this Agreement; (vi) carry out such other functions in relation to this Agreement as may be mandated by the Parties. 2. All decisions shall be taken by consensus. The decision of the Joint Commission in relation to this Agreement shall have the status of recommendations to the Parties. Article 4 JOINT COMMISSION MEETINGS 1. In connection with its functions under this Agreement, the Joint Commission shall meet at least once a year on a date determined by the Parties. 2. Such meetings shall be chaired jointly by representatives of the Parties. 3. The meetings shall be held alternately in a CARICOM Member State and Cuba, or at any other location agreed by the Parties. 4. The agenda for each meeting shall be agreed between the Parties at least one month prior to each proposed meeting. Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 13 5. In the exercise of its functions under this Agreement, the Joint Commission may establish its own rules and procedures. Article 5 MARKET ACCESS 1. The Parties agree to implement a programme of trade liberalisation between them, at the same time, taking particular account of, the differences in the levels of development between Cuba and the LDCs of CARICOM. 2. Each Party agrees to grant goods produced in the territory of the other Party access to its market under the following arrangements, (i) the goods set down in Annex I to this Agreement which originate in the Member States of CARICOM and which satisfy the conditions in the Rules of Origin that appear in Annex VI to this Agreement shall receive duty free access on entry into Cuba; (ii) the goods set down in Annex II to this Agreement which originate in Cuba and which satisfy the conditions in the Rules of Origin that appear in Annex VI to this Agreement shall receive duty free access on entry into the MDCs of CARICOM; (iii) the goods set down in Annex III to this Agreement which originate in the Trade and Economic Cooperation 14 Member States of CARICOM, and which satisfy the Rules of Origin that appear in Annex VI to this Agreement shall receive, on entry into Cuba, Phased Reduction of the MFN rate of duty to zero (0) per cent in four (4) annual equal stages over a period commencing one year after the entry into force of this Agreement; (iv) the goods set down in Annex IV to this Agreement which originate in Cuba, and which satisfy the Rules of Origin that appear in Annex VI to this Agreement shall receive, on entry into the MDCs of CARICOM, Phased Reduction of the Most Favoured Nation (MFN) rate of duty to zero (0) per cent in four (4) annual equal stages over a period commencing one year after the entry into force of this Agreement. 3. The LDCs of CARICOM shall not be required to extend the treatment provided for in paragraphs 2(ii) and (iv) to goods which originate in Cuba. 4. The Parties agree that they will not apply any quantitative restrictions with respect to trade under this Agreement, but take into account the rights of the parties under the WTO Agreement and the obligations of CARICOM Member States under the Treaty establishing The Caribbean Community. 5. The Joint Commission may consider any request by the Parties for the modification of the Lists in Annexes I to IV. Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 15 Article 6 TREATMENT OF GOODS PRODUCED IN FREE TRADE ZONES/EXPORT PROCESSING ZONES 1. Goods produced in or shipped from Free Trade Zones/Export Processing Zones in the territory of a Party shall, when imported into the territory of the other Party, be subject to the MFN rate of duty. 2. Where either CARICOM or Cuba decides to alter the treatment accorded to goods produced in or shipped from Free Trade Zones/Export Processing Zones, the Joint Commission will be advised of the action at the earliest opportunity and will consider the measures necessary to maintain the parity provided for in paragraph 1 of this Article. Article 7 RULES OF ORIGIN The Rules of Origin to be applied under this Agreement shall be those set out in Annex VI. Article 8 TECHNICAL STANDARDS The Joint Commission shall review the governing technical regulations of the Parties and consider measures that, in its opinion, are required to ensure that such regulations do not constitute barriers to trade between the Parties. The Joint Trade and Economic Cooperation 16 Commission shall establish rules and procedures to resolve any issues that may arise in the application of technical regulations. Article 9 GENERAL EXEMPTIONS Nothing in this Agreement shall prevent the adoption or enforcement by Cuba or any Member State of CARICOM of measures which are required, (i) to protect public decency; (ii) to protect human, plant and animal health, and to preserve the environment; (iii) to protect public order; (iv) to control the production, distribution and use of narcotics and psychotropic substances; (v) to secure compliance with the laws and regulations pertaining to customs or marketing; (vi) to secure compliance with the laws and regulations that govern foreign investments; (vii) to protect intellectual property rights or prevent dishonest practices; Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 17 (viii) in connection with the production of and trade in gold and silver; (ix) in connection with goods produced by prison labour; (x) to protect national treasures of artistic, historical or archeological value; (xi) to prevent or alleviate any critical food shortage; or (xii) in connection with the preservation of non-renewable natural resources. Article 10 ECONOMIC COOPERATION 1. Each Party agrees to promote mutual economic and social co-operation in support of the economic integration of the Parties and the economic and social development of each Party. 2. Without prejudice to the generality of paragraph 1, the Parties agree to develop co-operation in the following areas, (i) Development of Human Resources; (ii) Science and Technology (iii) Meteorology and Natural Disaster Preparedness; Trade and Economic Cooperation 18 (iv) Culture. Article 11 DOUBLE TAXATION AGREEMENTS The Parties agree to work towards the adoption of double taxation agreements between CARICOM Member States and Cuba. Article 12 TRADE PROMOTION 1. The Parties agree to establish trade promotion programmes, facilitate official and business missions, organize trade fairs and exhibits, exchange information, conduct market research projects, and carry out any other activities related to the implementation of the liberalization programmes and, in particular, the opportunities arising from the trade measures agreed upon herein. 2. Each Party agrees to promote the involvement of its business sector in the pursuance of the objective of this Agreement. For this purpose, the Parties shall explore the possible establishment of a CARICOM-Cuba Business Council that reviews business opportunities, furnishes information and promotes trade. Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 19 Article 13 BUSINESS FACILITATION 1. The Parties agree to take all necessary steps, in accordance with their respective laws, to facilitate investment and the expansion of trade in goods and services between them. To this end, the Joint Commission will, as one of its first tasks under this Agreement, adopt a special programme of measures for the facilitation of business, including measures designed to achieve and maintain transparency and to encourage information exchange and also to harmonize customs procedures and technical standards. 2. The Parties agree, if and when necessary, to use their best endeavours to ensure that enterprises in their respective territories meet their obligations in respect of goods and services traded under this Agreement. Article 14 TRADE FINANCING 1. The Parties recognize the essential role of trade financing in the development of trade. Accordingly, they agree to take all necessary steps to encourage banks and other financial institutions engaged in foreign trade in their respective territories to increase their support to exporters/ importers in the territories of the Parties for the purpose of expanding trade between the Parties. 2. The support contemplated under paragraph 1 includes, (i) the establishment of lines of credit; Trade and Economic Cooperation 20 (ii) the confirmation of letters of credit; (iii) the provision of guarantees; (iv) the discounting of bills of exchange, commercial paper and similar instruments; (v) the provision of pre-shipment and post-shipment finance; (vi) export credit insurance. 3. In order to promote the greater involvement of institutions in the territories of the Parties in the financing of trade between the Parties, the Joint Commission will establish an Experts Group of financial specialists to promote training and information exchange, to review the scope for improving the availability, conditions and competitiveness of credit terms offered and to promote the development of collaboration, including the establishment of joint ventures for the financing of trade between the Parties. Article 15 TRADE IN SERVICES 1. The Parties recognize the importance of trade in services for the development of their respective economies, and agree, (i) To commence without delay, the exchange of information on their services sector, exchange of views on Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 21 possible elements for a service regime; (ii) Upon completion of the implementation of the CARICOM Services regime through the full application of the provisions of Protocol II amending the Treaty of Chaguaramas, or of the chapter of the Treaty containing these provisions, to commence as soon as possible negotiations for the establishment of a regime for trade in services between the Parties. In the establishment of the services regime, the Parties shall take into consideration their respective commitments in the General Agreement on Trade in Services (GATS) and the ongoing negotiations for services in the GATS, (iii) To consider, in principle, inter alia, the following sectors or sub-sectors, (a) Tourism and Travel-related services; (b) Entertainment Services; (c) Financial Services; (d) Professional Services; (e) Construction and related engineering services; (f) Computer and related services; Trade and Economic Cooperation 22 (g) Telecommunication services; (h) Transport services. 2. The Parties also agree to identify any elements essential to the development of trade in services which may be implemented prior to the conclusion on the Services Regime. 3. Pending conclusion of the negotiations referred to in paragraph 1 (ii) of this Article, and in accordance with the principles and rules of the General Agreement on Trade in Services (GATS), each Party shall accord immediately and unconditionally to services and service suppliers of the other Party, treatment no less favourable than that it accords to like services and service suppliers of any other country. Article 16 TOURISM 1. In furtherance of Article 15 (iii) (a), the Parties agree, (i) To take coordinated action to meet the commitments of the Parties under the Declaration for the Establishment of the Sustainable Tourism Zone in the Caribbean; (ii) To prepare and promote, jointly, tourism products and programmes designed to encourage multi- destination travel, to increase the number of visitors to the territories of the Parties and to diversify and develop the tourism product; Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 23 (iii) To provide to each other, technical assistance in the area of human resource development, foreign language training, hospitality training, tourism planning and development and hotel management training; (iv) To examine the feasibility of establishing a Regional Centre for the training and development of management and supervisory personnel for the tourism sector; (v) To co-operate in the area of passenger transport and to keep under review the adequacy of airline and cruise ship services in the Caribbean; (vi) To consider joint venture arrangements in the area of cruise shipping; (vii) To undertake cultural exchanges and the exchange of entertainers on a commercial basis; (viii) To encourage the participation of the business sector in their respective territories in special programmes and forums dealing with the supply of goods and services for the tourism, travel-related and entertainment sectors. 2. The Joint Commission shall establish Experts Groups on tourism, travel-related services and entertainment, Trade and Economic Cooperation 24 comprised of specialists from both Parties to assist the Commission in the implementation of this Article. 3. The Experts Group shall meet at least once in every year and shall hold its first meeting within six (6) months of the signing of this Agreement. Article 17 INVESTMENT The Parties agree to promote, protect and facilitate investments between them through the development and adoption of an agreement on reciprocal promotion and protection of investments. Such agreement will be annexed to this Agreement and form an integral part of it. Article 18 INTELLECTUAL PROPERTY RIGHTS 1. The Parties agree to develop and adopt an agreement on Intellectual Property Rights, taking into account the rights and obligations provided for in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), contained in Annex 1C of the Agreement establishing the WTO, and other relevant international agreements to which all the Member States of CARICOM and Cuba are signatories. Such agreement will be annexed to this Agreement and form an integral part of it. 2. Pending the adoption of the Agreement referred to in paragraph 1, the provisions of the TRIPS and the other relevant Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 25 international agreements to which all the CARICOM Member States and Cuba are signatories will apply to intellectual property rights issues which may arise between them. Article 19 TRANSPORTATION 1. The Parties recognize the importance of developing transportation services, so as to facilitate trade between the Member States of CARICOM and Cuba. 2. For this purpose, the Parties agree to work on concrete lines of action consistent with international commitments which may result in the following, (i) Disseminating information on air and maritime transport services that are offered currently via the air and maritime entities of Member States of CARICOM and of Cuba with the aim of increasing traffic between the Parties; (ii) Creating joint ventures or other modalities of economic association within the scope of international transportation; (iii) Organising a network of cargo agents for maritime transportation from the territories of the Parties; (iv) Applying flexible and attractive tariffs for the Domestic Port Services Trade and Economic Cooperation 26 by Member States of CARICOM and of Cuba to make transportation in the region more competitive; (v) Establishing specific agreements to facilitate maritime and air transport between Member States of CARICOM and Cuba: in the air transportation field, this will be in accordance with the requirements of the International Civil Aviation Organisation (ICAO); (vi) Exploring and identifying the possibilities of developing import- export transshipment hubs in order to support trade between the Parties and third party markets; (vii) As a matter of priority, strengthening of the capability of the Parties to ensure operational safety and airworthiness in accordance with the requirements of ICAO; (viii) Establishing co-operatives ventures among air and maritime transport authorities on matters relating to the safe, efficient and reliable provision of international transportation services within the territories of the Parties. 3. With the view of developing and implementing the concrete lines of action referred to in paragraph 2, the Parties undertake that within a 60 day period after signing this Agreement each Party will appoint the corresponding experts Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 27 on international transportation, so as to draft the proper working schedules. The experts will coordinate the time and place to carry out these tasks. 4. The lines of actions as well as the resulting working schedules will take into account the measures adopted by the Special Committee for Transportation in the Association of Caribbean States (ACS). 5. The Joint Commission will look into all the provisions contained in this Article, and for this purpose the experts of both Parties will accomplish joint reports that will be submitted to the Joint Commission as required. Article 20 SAFEGUARDS 1. The Parties acknowledge that, as Members of the WTO, they have recourse to the Agreement on Safeguards in the WTO. 2. A Party may apply a safeguard measure where its imports from the other Party are in such amounts that may seriously affect its national production of similar goods. 3. Safeguard measures shall consist of temporary suspension of the tariff preferences and the re-instatement of the duties for the specific product. 4. Safeguard measures shall be applicable for an initial term that will not be longer than one year. This term may be renewed for another year in the event that the original causes for the safeguard prevail. Trade and Economic Cooperation 28 5. An importing country applying safeguard measures or wishing to renew such measures, shall call a meeting of the Joint Commission in order to hold consultations on an application or renewal. No consensus is required for the application or renewal of safeguard measures. Article 21 SPECIAL ARRANGEMENTS FOR TRADE IN SELECTED AGRICULTURAL PRODUCTS In order to avoid the adverse impact on the demand for local products resulting in serious losses to producers/farmers, and having regard to the seasonal and perishable nature of agricultural products, the Parties agree that with respect to the agricultural products listed in Annex V which are being accorded duty free treatment, they may apply, if necessary, the Most Favoured Nation (MFN) rate of duty during the periods identified in the schedule. Article 22 UNFAIR TRADE PRACTICES Where there is evidence of injury, material injury or threat of injury to the domestic industry of a Party due to unfair trade practices such as subsidies and dumping, that Party may apply corrective measures, provided the application of these measures is in conformity with the Agreement on Subsidies and Countervailing Measures and the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, contained, respectively, in Annex 1A to the Agreement establishing the WTO. Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 29 Article 23 ANTI-COMPETITIVE BUSINESS PRACTICES 1. The Parties will discourage anti-competitive business practices and work towards the adoption of common provisions to prevent such practices. 2. The Parties will undertake to establish measures and mechanisms to facilitate and promote competition policy and ensure their application between the Parties. Article 24 SETTLEMENT OF DISPUTES 1. The Parties agree to adopt the following Rules for the Settlement of Disputes arising under this Agreement. 2. The Rules governing Settlement of Disputes (the Rules) shall apply to all disputes between the Parties relating to interpretation, application, execution or non-compliance with the provisions of the Agreement, with the exception of matters covered in the Annex on Investments. 3. The Parties shall first seek to resolve any dispute referred to in paragraph 2 above through informal consultations and seek to arrive at a mutually satisfactory solution. In the case of perishables, the Parties shall notify the Joint Commission immediately of the dispute and of the action being taken. 4. Where the Parties fail to arrive at a mutual solution within 30 days, or in the case of perishables within 10 days, pursuant to paragraph 3 above, the aggrieved Party may deliver to the other Party a request in writing for the intervention of the Joint Commission. The request to the Joint Commission Trade and Economic Cooperation 30 shall contain sufficient information to enable examination of the request. 5. The Joint Commission shall ordinarily meet within 15 days of receipt of a request and, in the case of perishables, within 5 days of receipt of a request. In either case, the Joint Commission shall render its decision within 60 days of the date of the meeting (or if there is more than one meeting, the first meeting) convened to deal with the matter. However, in special circumstances, the time-frame for meeting or for the rendering of a decision may be adjusted by mutual agreement between the Parties. 6. The Joint Commission may engage expert advisors in seeking solutions to disputes between the Parties. Article 25 AMENDMENTS Where the Parties have agreed to an amendment or modification recommended by the Joint Commission under Article 3 (1) (v) of this Agreement, such amendment or modification shall enter into force on such date as may be agreed between them. Article 26 REVIEW OF THE AGREEMENT The Joint Commission shall review the performance of and compliance with the objective of this Agreement within four (4) years of the effective date hereof. The Joint Commission Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 31 shall, based on this review, recommend any measures deemed necessary to improve trade and economic relations between the Parties. Article 27 ACCESSION TO THE AGREEMENT BY OTHER MEMBER-STATES OF THE ASSOCIATION OF CARIBBEAN STATES 1. This Agreement shall be open for accession by other member-states of the Association of the Caribbean States (“ACS”) subject to prior negotiations between the Parties and those member states which have requested to become parties to this Agreement and in accordance with Article 20, paragraph 2 of the Convention establishing the ACS. 2. The negotiations referred to in paragraph 1 shall take into account the fact that, under Article 5 (3) of this Agreement, the Parties hereto accord a differentiated treatment to the LDCs of CARICOM. Article 28 DEPOSITORY This Agreement shall be deposited with the Secretary General of the Caribbean Community who shall transmit certified copies to the Parties. The Government of the Republic of Cuba shall deposit this Agreement with the General Secretariat of the Latin American Association for Integration (ALADI), in accordance with the provisions of the Treaty of Montevideo of 1980 and the Resolutions of the Council of Ministers of Trade and Economic Cooperation 32 External Affairs of the countries that are signatories to the said Treaty. Article 29 TERMINATION 1. Either Party may terminate this Agreement by notice in writing. Such termination shall become effective six months after the other Party has received the above-mentioned notice. 2. The obligations of this Agreement shall cease to apply on the effective date of termination, except for outstanding commitments in respect of trade and related obligations, which shall remain effective for another year, unless the Parties agree to a longer period. Article 30 ENTRY INTO FORCE This Agreement and its Annexes shall enter into force on the 1st day of January 2001, or as soon thereafter as the Parties have notified each other through diplomatic channels that all internal legal procedures have been completed. IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized, have executed this Agreement. DONE at CANOUAN, ST. VINCENT AND THE GRENADINES in English and Spanish languages, both texts being equally authentic, on this FIFTH day of JULY 2000. Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 33 SIGNED: BY THE CARIBBEAN COMMUNITY SIGNED: BY THE GOVERNMENT OF THE REPUBLIC OF CUBA Trade and Economic Cooperation 34 ANNEX 1 LIST OF EXPORTS FROM CARICOM ON WHICH CUBA WILL GRANT DUTY FREE ACCESS Heading Number Sub- Heading Number Cuban Tariff Heading Description of Goods 02.01 Meat of bovine animals, fresh or chilled 02.02 Meat of bovine animals, frozen 02.07 Meat and edible offals, of the poultry heading No. 01.05, fresh, chilled or frozen 03.01 Live fish 0301.10 Ornamental fish 03.06 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption 0306.13 Shrimps and prawns Ex0306.19 Conch 04.02 Milk and cream, Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 35 concentrated or containing added sugar or other sweetening matter Ex0402.99 Sweetened condensed milk 04.03 Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or other acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa 0403.10 Yogurt 04.07 Birds’ eggs in shell, fresh, preserved or cooked Ex0407.00 Hatching eggs 07.08 Leguminous vegetables, shelled or unshelled, fresh or chilled 0708.10 Blackeye peas 07.10 Vegetables (uncooked or cooked by steaming or boiling in water),frozen 0710.90 Mixtures of vegetables 07.12 Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared Ex0712.20 Onion powder 07.13 Dried leguminous Trade and Economic Cooperation 36 vegetables, shelled, whether or not skilled or split Ex0713.10 Spilt peas – ground Ex0713.31 Urdi Dhal ground Ex0713.90 Pigeon peas of the genus Cajanus cajanus 08.07 Melons (including watermelons) and papaws (papayas), fresh 0807.11 Watermelons 0807.20 Papaws (papayas) 08.10 Other fruit, fresh Ex0810.90 Christophene of the genus Sechum edule 09.04 Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capiscum or of the genus Pimenta 09.06 Cinnamon and cinnamon- tree flowers 09.07 Cloves (whole fruit, cloves and stems) 09.08 Nutmeg, mace and cardamoms 09.09 Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries 0909.30 Seeds of cumin 09.10 Ginger, saffron, turmeric (curcuma), thyme, bay Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 37 leaves, curry and other spices 0910.40 Thyme and bay leaves 0910.50 Curry 0910.90 Other spices 10.06 Rice 11.01 Wheat or meslin flour 11.02 Cereal flour other than of wheat or meslin 1120.20 Maize (corn) flour 11.04 Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of the heading No. 10.06; germ or cereals, whole rolled, flaked or ground 1104.23 Of maize 12.11 Plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered Ex1211.90 Sarsaparilla; Aloe Vera 15.07 Soya-bean oil and its fractions, whether or not refined, Trade and Economic Cooperation 38 but not chemically modified 1507.90 Soya-bean oil 15.13 Coconut (copra), palm kernel or babassu oil and fractions thereof whether or not refined, but not chemically modified 1513.11 Crude oil 1513.19 Refined coconut oil 15.17 Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils of their fractions of Heading No. 15.16 16.05 Crustaceans, mollusks and other aquatic invertebrates, prepared or preserved Ex1605.40 Conch Other sugars including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel Ex1702.40 Glucose Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 39 1702.90 Browning 17.04 Sugar confectionary (including white chocolate), not containing cocoa 18.01 Cocoa beans, whole or broken, raw or roasted 18.03 Cocoa paste, whether or not defatted 18.04 Cocoa butter, fat and oil 18.05 Cocoa powder, not containing added sugar or other sweetening matter 18.06 Chocolate and other preparations containing cocoa 19.01 Malt extract; food preparations of flour, meal, starch or malt extract, not containing cocoa or containing less that 40% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings Nos. 04.01 to 04.04, not containing cocoa or containing less than 5% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included 1901.10 Preparations for infant use, Trade and Economic Cooperation 40 put up for retail sale 1901.20 Mixes and doughs for the preparation of bakers’ wares of heading No. 1 Ex1901.90 Food preparations of malt extract 19.04 Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere or included 20.01 Vegetables, fruits, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid 2001.10 Relish 2001.90 Picalilli 20.05 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of Heading No. 20.06 2005.20 Potato chips 2005.40 Chick peas in brine, tender garden peas, red kidney beans, processed pigeon Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 41 peas, green pigeon peas, green peas 2005.50 Beans (baked beans, stewed red beans, green pigeon peas) 2005.80 Sweet corn (creamed), whole kernel corn 2005.90 Other vegetables and mixtures of vegetables 20.06 Vegetables, fruits, nuts, fruit peels and other parts of plants, preserved by sugar (drained, glace or crystallized) Ex2006.00 Maraschino cherries 20.08 Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere 2008.92 Mixtures (relish) 2008.99 Mango chutney, kuchela 20.09 Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter Ex2009.30 Juice of any single citrus fruit (other than lime juice Trade and Economic Cooperation 42 and ortanique juice) 2009.40 Pineapple juice 2009.50 Tomato juice Ex2009.80 Juice of any other single fruit or vegetable (other than passion fruit juice) 2009.90 Mixtures of juices 21.01 Extracts, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof 2101.11 Extracts, essences and concentrates, of coffee 2101.12 Preparations with a basis of extracts, essences or concentrates with a basis of coffee 21.02 Yeasts (active or inactive); other single-cell micro- organisms, dead (but not including vaccines of heading No. 30.02); prepared baking powders 2102.10 Active yeasts 2102.30 Prepared baking powders 21.03 Sauces and preparations Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 43 therefor; mixed condiments and mixed seasoning; mustard flour and meal prepared mustard 2103.20 Tomato ketchup and other tomato sauces Ex2103.30 Prepared mustard 2103.90 Other 21.05 Ice cream and other edible ice, whether or not containing cocoa 21.06 Food preparations not elsewhere specified or included 22.01 Waters including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow 2201.10 Mineral waters and aerated waters Ex2201.90 Waters, other than mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured 22.02 Waters, including mineral waters and aerated waters, containing added sugar or Trade and Economic Cooperation 44 other sweetening matter or flavoured, and other non- alcoholic beverages, not including fruit or vegetable juices of heading No. 20.09 22.06 Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included Ex2206.00 Shandy 22.07 Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher, ethyl alcohol and other spirits, denatured, or any strength 22.08 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages`` Ex2208.90 Aromatic bitters 22.09 Vinegars and substitutes for vinegar obtained from acetic Acid 23.02 Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 45 of leguminous plants Ex2302.30 Of wheat 23.04 Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soyabean oil 23.09 Preparations of a kind used in animal feeding Ex2309.90 Feed for poultry, cattle, pigs, fish and horses 24.01 Unmanufactured tobacco; tobacco refuse 2401.20 Tobacco, partly or wholly stemmed/stripped 2401.30 Tobacco refuse 25.01 Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anti- caking or free-flowing agents; sea water Ex2501.00 Salt (including table salt and denatured salt) 25.05 Natural sands of all kinds, whether or not coloured, other than sublimed sulphur, precipitated sulphur and colloidal sulphur 2505.10 Silica sands and quartz sands Trade and Economic Cooperation 46 25.09 Chalk 25.17 Pebbles, gravel, broken or crushed stone, of a kind commonly used for concrete aggregates, for road metalling whether or not treated; macadam of slag dross or similar industrial waste granules, chippings and powder, of stones of heading No. 25.15 or 25.16 whether or not heat treated 2517.10 Pebbles, gravel, broken or crushed stone, of a kind commonly used for concrete aggregates, for road metalling or for railway or other ballast, shingle and flint whether or not heat treated 2517.49 Granules, chipping and powder, of stones of heading No. 25.15 or 25.16 other than marble 25.20 Gypsum; anhydrite; plasters (consisting of calcined gypsum or calcium sulphate) whether or not coloured, with or without small quantities of accelerators or retarders 26.06 Aluminium ores and concentrates 27.11 Petroleum gases and other Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 47 gaseous hydrocarbons 2711.11 Liquefied natural gas 2711.12 Liquefied Propane 2711.13 Liquefied Butane 27.13 Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals 2713.20 Petroleum bitumen 27.14 Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks Ex2714.90 Asphalt, natural 27.15 Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cutbacks) 28.01 Fluorine, chlorine, bromine and iodine 2801.10 Chlorine 28.04 Hydrogen, rare gases and other non-metals 2804.10 Hydrogen 2804.21 Argon Trade and Economic Cooperation 48 2804.30 Nitrogen 2804.40 Oxygen 28.06 Hydrogen chloride (hydrochloric acid); chlorosulphuric Acid 28.07 Sulphuric acid, oleum Ex2807.00 Sulphuric acid 28.11 Other inorganic acids and other inorganic oxygen compounds of non-metals 2811.21 Carbon dioxide Ex2811.29 Nitrous oxide 28.14 Ammonia, anhydrous or in aqueous solution 2814.10 Anhydrous ammonia 28.15 Sodium hydroxide (caustic soda); potassium hydroxide (caustic potash); peroxides of sodium or potassium 2815.12 Sodium hydroxide (caustic soda), in aqueous solution (soda lyle or liquid soda) 28.18 Artificial corundum, whether or not chemically defined; aluminum oxide; aluminum hydroxide 2818.20 Aluminum oxide, other than artificial corundum 28.28 Hypochlorites; commercial calcium hypochlorite; chlorites; Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 49 hypobromites 2828.10 Commercial calcium hypochlorite and other calcium Hypochlorites 28.30 Sulphides; polysulphides 2830.10 Sodium sulphides 28.33 Sulphates; alums; peroxosulphates (persulphates) 2833.22 Aluminium sulphate 28.36 Carbonates; peroxocarbonates (percarbonates); commercial ammonium carbonate containing ammonium carbamate 2836.30 Sodium hydrogencarbonate (sodium bicarbonate) 2836.50 Calcium carbonate 28.51 Other inorganic compounds (including distilled or conductivity water and water of similar purity); liquid air (whether or not rare gases have been removed); compressed air; amalgams, other than amalgams of precious metals Ex2851.00 Distilled water 29.01 Acyclic hydrocarbons Ex2901.29 Acetylene Trade and Economic Cooperation 50 29.04 Sulphonated, nitrated or nitrosated derivatives of hydrocarbon, whether or not halogenated Ex2904.10 Sulphonic acid 29.05 cyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives 2905.11 Methanol (methyl alcohol) 29.09 Ethers, ether-alcohols, ether-phenols, ether- alcohol-phenols, alcohol peroxides, ether-peroxides, ketone peroxides (whether or not chemically defined), and their halogenated, sulphonated, nitrated or nitrosated derivatives 2909.50 Ether-phenols, ether- alcohol-phenols and their halogenated, sulphonated, nitrated or nitrosated derivatives 2909.60 Alcohol peroxides, ether peroxides, ketone peroxides and their halogenaed, sulphonated, nitrated or nitrosated derivatives 29.15 Saturated acyclic monocarboxylic acids and their anhydrides, halides peroxides and peroxyacids; their halogenated, Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 51 sulphonated, nitrated or nitrosates derivatives 30.04 Medicaments (excluding goods of heading No. 30.02, 30.05 or 30.06), consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale 31.02 Mineral or chemical fertilizers, nitrogenous 31.05 Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorous and potassium; other fertilizers; goods of this Chapter in tablets or similar forms or in packages of a gross weight not exceeding 10 kg 3105.20 Mineral of chemical fertilizers containing the three fertilizing elements nitrogen, phosphorous and potassium 3105.60 Mineral or chemical fertilizers containing the two fertilising elements phosphorous and potassium 32.06 Other colouring matter, preparations as specified in Note 3 to this Chapter, other Trade and Economic Cooperation 52 than those of heading No. 32.03, 32.04 or 3205.00; inorganic products of a kind used as luminophores, whether or not chemically defined 3206.30 Pigments and preparations based on cadmium compounds 32.07 Prepared pigments, prepared opacifiers and prepared colours, vitrifiable enamels and glazes, engobes (slips), liquid lustres and similar preps, of a kind used in the ceramic, enameling or glass industry; glass frit and other glass, in the form of powder, granules or flakes Ex3207.10 Prepared pigments, prepared opacifiers, prepared colours, and similar preparations 32.09 Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-acqeous medium 32.10 Other paints and varnishes (including enamels, lacquers and distempers); prepared water pigments of a kind used for finishing leather Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 53 32.15 Printing ink, writing or drawing ink and other inks, whether or not concentrated or solid 33.01 Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrated of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by- products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils 3301.12 Essential oil of orange 3301.14 Essential oil of lime 33.02 Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with bases of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages 3302.10 Of a kind used in the food or drink industries 33.03 Perfumes and toilet waters Trade and Economic Cooperation 54 33.04 Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations 33.05 Preparations for use on the hair 3305.10 Shampoos 3305.20 Preparations for permanent waving or straightening 3305.30 Hair lacquers 3305.90 Other preparations 33.06 Preparations for oral or dental hygiene, including denture fixative pastes and powders; yarn used to clean between the teeth (dental floss), in individual retail packages 33.07 Pre-shave, shaving or after- shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included; prepared room deodorisers, whether or not perfumed or having disinfectant properties Trade and Economic Cooperation Agreement (CARICOM/CUBA) [CAP. 24:05 55 34.05 Polishes and creams, for footwear, furniture, floors, coachwork, glass or metal, scouring pastes and powders and similar preparations (whether or not in the form of paper wadding, felt non- wovens, cellular plastics or cellular rubber, impregnated, coated or covered with such preparations), excluding waxes of heading No. 34.04 3405.10 Polishes, creams and similar preparations for footwear or Leather 3405.20 Polishes, creams and similar preparations for the maintenance of wooden furniture, floors or other woodwork 34.06 Candles, tapers and the like 35.03 Gelatin (including gelatin in rectangular (including square) sheets, whether or not surface-worked or coloured) and gelatin derivatives; isinglass; other glues of animal origin, excluding casein glues of heading No. 35.01 Ex3503.00 Gelatin 35.05 Dextrins and other modified starches (for example, Trade and Economic Cooperation 56 pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches 3505.20 Glues 35.06 Prepared glues and other prepared adhesives, not elsewhere specified or included; products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg 35.07 Enzymes; prepared enzymes not elsewhere specified or Included Ex3507.90 Meat tenderizers 36.05 Matches, other than pyrotechnic articles of heading No. 36.04 38.08 Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms of packings for retail sale or as preparations or articles (for examples, sulphur-treated bands, wicks and candles, and fly-papers)