Protocol Amending the Treaty
Establishing the Caribbean Community
Protocol II : Establishment, Services, Capital
Final Update approved by Mr. Duke Pollard for Signature
in Montego Bay, Jamaica in July 1997 Done 24 June 1997
The States Parties to the Treaty Establishing the Caribbean
Community (hereinafter referred to as " the Member States"):
Recalling the Declaration of Grand Anse and other decisions
of the Conference of Heads of Government of the Caribbean Community
expressing their commitment to the deepening of the regional economic
integration process;
Conscious of the need to promote in the Caribbean Community
the highest level of efficiency in the production of goods and
services especially with a view to maximising foreign exchange
earnngs on the basis of international competitiveness, attaining
food security, achieving structural diversification and improving
the standard of living of their peoples;
Recognising that optimal production by economic enterprises
in the Community requires the structured integration of production
in the Region, and particularly the unrestricted movement of capital,
labour and technology;
Determined to establish conditions which would facilitate
access by their nationals to the collective resources of the Region
on a non-discriminatory basis;
Desirous of achieving sustained expansion and continuing
integration of economic activities, the benefits of which shall
be equitably shared taking into account the need to provide special
opportunities for disadvantaged countries;
Conscious of the special needs and circumstances of the
Less Developed Countries;
Have Agreed as follows:
ARTICLE I : Use of Terms
In this Protocol unless the context otherwise requires:
"Community" includes the Caribbean Single
Market and Economy to be established by the Protocols amending
or replacing the Caribbean Common Market Annex to the Treaty;
"The Community Council of Ministers" means
the organ of the Community so named in Article 8(1) of the Treaty,
(hereinafter referred to as "the Community Council");
"Conference" means the Conference of Heads
of Government of the Community;
"The Committee of Central Bank Governors"
means the Body of the Community so named in Article 10(3) of
the Treaty;
"The Council for Finance and Planning"
means the organ of the Community so named in Article 6(2)(d) of
the Treaty ;
"The Council for Human and Social Development"
means the organ of the Community so named in Article 6(2)(c) of
the Treaty ;
"The Council for Trade and Economic Development" means the organ of the
Community so named in Article 6(2)(a) of the Treaty
;
"Member State" means a Member State of
the Community;
"Treaty" means the Treaty establishing
the Caribbean Community signed at Chaguaramas on the 4th day of
July 1973 and includes any amendments thereto which take effect
either provisionally or definitively (hereinafter referred to
as "the Treaty").
ARTICLE II : Amendment
The provisions of this Protocol shall replace Articles
28, 35, 36, 37, 38 and 43 of the Caribbean Common Market Annex
to the Treaty and take effect as hereinafter provided.
ARTICLE III :
Replace the title to Chapter V of the Caribbean Common
Market Annex with the following:
CHAPTER V
Rights of Establishment, Provision of Services and Movement
of Capital
ARTICLE IV :
Replace Article 35 of the Caribbean Common Market Annex
with the following:
ARTICLE 35
Scope of Application
1.Save as otherwise provided in this Article and Article
35a, the provisions of this Chapter shall apply to the right of
establishment, the right to provide services and the right to
move capital in the Community.
2.Activities in a Member State involving the exercise
of governmental authority shall, in so far as that Member State
is concerned, be excluded from the operation of this Chapter.
3.For the purposes of this Chapter, "activities
involving the exercise of governmental authority" means activities
conducted neither on a commercial basis nor in competition with
one or more economic enterprises, and includes:
a.activities conducted by a central bank or monetary
authority or any other public entity, in pursuit of monetary or
exchange rate policies;
b.activities forming part of a statutory system
of social security or public retirement plans;
c.activities forming part of a system of national
security or for the establishment or maintenance of public order;
and
d.other activities conducted by a public entity
for the account of or with the guarantee or using financial resources
of the government.
ARTICLE 35a
Treatment of Monopolies
1.Member States may determine that the public interest requires the exclusion or restriction of the
right of establishment in any industry or in a particular
sector of an industry.
2.Where such a determination has been made:
a.if the determination results in the continuation or establishment of a government monopoly,
the Member State shall adopt appropriate measures to ensure that the monopoly does not
discriminate between nationals of Member States, save as otherwise provided in this Treaty,
and is subject to the agreed rules of competition established for Community economic
enterprises;
b.if the determination results in the establishment of a private sector monopoly, the Member
State shall, subject to the provisions of this Treaty, adopt appropriate measures to ensure
that national treatment is accorded to nationals of other Member States in terms of
participating in its operations.
ARTICLE 35b
Prohibition of New Restrictions on the Right of Establishment
1.Upon the entry into force of this Protocol, Member States shall not introduce in their territories any
new restrictions relating to the right of establishment of nationals of other Member States save as
otherwise provided in this Treaty.
2.Upon the entry into force of this Protocol, Member States shall notify the Council for Trade and
Economic Development of existing restrictions on the right of establishment in respect of nationals
of other Member States.
3.(1) The right of establishment within the meaning
of this Chapter shall include the right to:
a.engage in any non-wage-earning activities of a commercial, industrial, professional or
artisanal nature;
b.create and manage economic enterprises referred
to in paragraph 5
c.of this Article.
4.For the purposes of this Chapter"non-wage earning activities" means activities undertaken by
self-employed persons.
5.The Community Council may, with the approval of the Conference and upon the recommendation
of the Council for Trade and Economic Development or the Council for Finance and Planning, as
the case may be, enlarge the body of rights provided in paragraph 3 of this Article. The competent
Organ shall establish basic criteria for Member States in order to safeguard against manipulation or
abuse of such rights so as to gain an unfair advantage against other Member States, for example, in
the areas of nationality criteria and in the operation
of companies.
6.For the purposes of this Chapter:
a.a person shall be regarded as a national of a
Member State if such person:
i.is a citizen of that State;
ii.has a connection with that State of a kind which entitles him to be regarded as
belonging to or, if it be so expressed, as being a native or resident of the State for the
purposes of the laws thereof relating to
immigration; or
iii.is a company or other legal entity constituted in the Member State in conformity with
the laws thereof and which that 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 which is substantially owned and effectively controlled by persons
mentioned in sub-paragraphs (i) and (ii)
of this paragraph.
7."economic enterprises" includes any type of organisation for the production of or trade in goods or
the provision of services (other than a non-profit organisation) owned or controlled by any person
or entity mentioned in sub-paragraph (a) of this
paragraph.
8.a company or other legal entity is:
i.substantially owned if more than 50 per cent of the equity interest therein is beneficially
owned by nationals mentioned in sub-paragraph
(a) (i) or (ii) of this paragraph;
ii.effectively controlled if nationals mentioned in sub-paragraph (a) of this paragraph have the
power to name a majority of its directors or
otherwise legally to direct its actions.
ARTICLE 35c
Removal of Restrictions on the Right of Establishment
1.Subject to the provisions of Article 38a and Article 38b, Member States shall remove restrictions
on the right of establishment of nationals of a Member State in the territory of another Member
State.
2.The removal of restrictions on the right of establishment mentioned in paragraph 1 of this Article
shall also apply to restrictions on the setting up of agencies, branches or subsidiaries by nationals of
a Member State in the territory of another Member
State.
3.Subject to the approval of the Conference, the Council for Trade and Economic Development, in
consultation with the Council on Human and Social Development and the Council for Finance and
Planning, shall, within one year from the entry into force of this Protocol, establish a programme
providing for the removal of restrictions on the right of establishment of nationals of a Member
State in the territory of another Member State. The
programme shall, inter alia:
a.identify the activities in respect of which the
right of establishment shall not apply;
b.establish the conditions under which the right
of establishment is to be achieved; and
(c) set out the conditions, stages and time-frames for the removal of restrictions on the right
of establishment.
c.The Community Council may authorise a Member State whose nationals have been
aggrieved by the violation of obligations set out in this Article, Article 35b, Article 36 and
Article 36a to take such measures as may be
provided for in this Treaty.
ARTICLE 35d
Management of Removal of Restrictions on the Right of
Establishment
In performing its tasks set out in Article 35c, the Council for Trade and Economic Development shall,
inter alia:
a.accord priority to the removal of restrictions on activities in respect of which the right of
establishment encourages the development of:
i.the production or trade in goods;
ii.the provision of services,
which generate foreign exchange earnings;
b.require Member States to remove administrative practices and procedures, the maintenance of
which impede the exercise of the right of establishment;
c.require Member States to remove all restrictions on the movement of managerial, technical and
supervisory staff of economic enterprises and on establishing agencies, branches and subsidiaries of
companies and other entities established in the Community;
(d) establish measures to ensure the removal of restrictions on the right of establishment in respect
of activities accorded priority treatment pursuant
to paragraph (a) of this Article as they relate to:
i.the establishment, in the territories of Member States, of agencies, branches or
subsidiaries belonging to an economic enterprise;
and
ii.conditions governing the entry of managerial, technical or supervisory personnel
employed in such agencies, branches and subsidiaries, including the spouses and
immediate dependent family members of such
personnel;
iii.take appropriate measures to ensure close collaboration among competent national
authorities in order to improve their knowledge of the particular situation regarding the
relevant activities within the Community;
iv.require Member States to ensure that nationals of one Member State may have
access to land, buildings and other property situated in the territory of another
Member State, other than for speculative purposes or for a purpose potentially
destabilising to the economy, on a non-discriminatory basis, bearing in mind the
importance of agriculture for many national
economies;
v.ensure concordance in Member States regarding the protection afforded the interests
of partners, members and other persons with financial interests in companies and
other entities.
ARTICLE 35e
Acceptance of Diplomas, Certificates, and other Evidence
of Qualifications
1.The Council for Human and Social Development, in consultation with the competent Organ,
shall establish common standards and measures for accreditation or when necessary for the
mutual recognition of diplomas, certificates and other evidence of qualifications of the
nationals of Member States in order to facilitate access to, and engagement in,
non-wage-earning activities in the Community.
2.Member States shall establish or employ, as the case may be, appropriate mechanisms to
establish common standards to determine equivalency or accord accreditation to diplomas,
certificates and other evidence of qualifications secured by nationals of other Member
States.
3.The Council for Human and Social Development shall also establish measures for the
coordination of legislative and administrative requirements of Member States for the conduct
of non-wage-earning activities in the Community.
ARTICLE V :
Replace Article 36 of the Caribbean Common Market
Annex with the following:
ARTICLE 36
Prohibition of New Restrictions on the Provision
of Services
1.Upon the entry into force of this Protocol, Member States shall not introduce any new
restrictions on the provision of services in the Community by nationals of other Member
States except as otherwise provided in this
Treaty.
2.Without prejudice to the provisions relating to the right of establishment, persons providing
services may, in order to provide such services, temporarily engage in approved activities in
the Member State where the services are to be provided under the same conditions enjoyed
by nationals of that Member State.
3.Upon the entry into force of this Protocol, Member States shall notify the Council for Trade
and Economic Development of existing restrictions on the provision of services in respect of
nationals of other Member States.
4.For the purposes of this Chapter, "services" means services provided against remuneration
other than wages in any approved sector and "the provision of services" means the supply of
services:
a.from the territory of one Member State into
the territory of another Member State;
b.in the territory of one Member State to the service consumer of another Member
State;
c.by a service supplier of one Member State through commercial presence in the
territory of another Member State; and
d.by a service supplier of one Member State through the presence of natural persons of
a Member State in the territory of another
Member State.
ARTICLE 36a
Removal of Restrictions on the Provision of Services
1.Subject to the provisions of this Treaty, Member States shall remove discriminatory restrictions on
the provision of services within the Community in
respect of Community nationals.
2.Subject to the approval of the Conference, the Council for Trade and Economic Development, in
consultation with other competent Organs, shall, within one year from the entry into force of this
Protocol, establish a programme for the removal of restrictions on the provision of such services in
the Community by Community nationals.
3.In establishing the programme mentioned in paragraph 2 of this Article, the Council for Trade and
Economic Development shall:
a.accord priority to services which directly affect production costs or facilitate the trade in
goods and services which generate foreign exchange
earnings;
b.require Member States to remove administrative practices and procedures, the maintenance
of which impede the exercise of the right to
provide services;
c.establish measures to ensure the removal of restrictions on the right to provide services in
respect of activities accorded priority treatment in accordance with sub-paragraph (a) of this
paragraph, both in terms of conditions for the provision of services in the territories of
Member States as well as the conditions governing the entry of personnel, including their
spouses and immediate dependent family members,
for the provision of services;
d.take appropriate measures to ensure close collaboration among competent national
authorities in order to improve their knowledge of the conditions regarding relevant activities
within the Community, and
e.require Member States to ensure that nationals of one Member State have on a
non-discriminatory basis, access to land, buildings and other property situated in the territory
of another Member State for purposes directly related to the provision of services, bearing
in mind the importance of agriculture for many
national economies.
ARTICLE 36b Banking, Insurance and Other Financial Services
1.Subject to the provisions of this Chapter, Member States shall remove discriminatory restrictions in
respect of Community nationals, on banking, insurance
and other financial services.
2.Subject to the approval of the Conference, the Council for Finance and Planning, in consultation
with other competent Organs of the Community, may exclude certain financial services from the
operation of the provisions of this Article.
ARTICLE VI :
Replace Articles 37 and 43 of the Caribbean Common Market
Annex with the following:
ARTICLE 37
Prohibition of New Restrictions on Movement of Capital
and Current Transactions
Upon the entry into force of this Protocol, Member States shall not introduce any new restrictions on the
movement of capital and payments connected with such movement and on current payments and
transfers, nor render more restrictive existing regulations except as provided in Article 37c (bis) and
Article 38a.
ARTICLE 37a
Removal of Restrictions on Movement of Capital and Current
Transactions
1.After the entry into force of this Protocol, Member States shall, in order to ensure the proper
functioning of the Single Market and Economy, remove
among themselves:
a.restrictions on the movement of capital payments;
b.restrictions on all current payments including payments for goods and services and other
current transfers.
2.The Council for Finance and Planning shall, subject to the approval of the Conference, establish in
collaboration with the Committee of Central Bank Governors a programme for the removal of the
restrictions mentioned in paragraph 1 of this Article.
3.For the purpose of this Article, capital and related
payments and transfers include:
a.equity and portfolio investments;
b.short-term bank and credit transactions;
c.payment of interest on loans and amortization;
d.dividends and other income on investments after
taxes;
e.repatriation of proceeds from the sale of assets;
and
f.other transfers and payments relating to investment
flows.
ARTICLE 37b
Authorisation to Facilitate Movement of Capital
1.Upon entry into force of this Protocol, Member States shall, where necessary and subject to
paragraph 2 of this Article, grant the authorisations required for the movement of capital mentioned
in Article 37a on a non-discriminatory basis.
2.A loan intended for State purposes may require prior notification to the State in which it is being
issued or placed.
ARTICLE 37c
Coordination of Foreign Exchange Policies and Exchange
of Information
1.Member States shall take such measures as are necessary to coordinate their foreign exchange
policies in respect of the movement of capital between
them and third States.
2.Member States shall keep the competent authorities in other Member States informed of significant
unusual movements of capital within their knowledge
to and from third States.
ARTICLE VII :
Replace Article 28 of the Caribbean Common Market Annex
with the following:
ARTICLE 37c (bis)
Restrictions to Safeguard Balance-of-Payments
1.In the event of serious balance-of-payments and external financial difficulties or threat thereof, a
Member State may, consistent with its international obligations and subject to paragraph 5 of this
Article, adopt or maintain restrictions to address
such difficulties.
2.The restrictions which may be adopted or maintained pursuant to paragraph 1 of this Article may
include quantitative restrictions on imports, restrictions on the right of establishment, restrictions on
the right to provide services, restrictions on the right to move capital or on payments and transfers
for transactions connected therewith. However, such
restrictions:
a.shall, subject to the provisions of this Treaty, not discriminate among Member States or
against Member States in favour of third States;
b.shall at all times seek to minimise damage to the commercial, economic or financial interests
of any other Member State;
c.shall not exceed those necessary to deal with the circumstances described in paragraph 1 of
this Article; and
d.shall be temporary but in any event not longer than a period of eighteen (18) months and be
phased out progressively as the situation described
in paragraph 1 improves.
3.In determining the incidence of such restrictions, the Member State concerned may accord priority
to activities which are essential to its economic stability. Such restrictions shall not be adopted or
maintained for the purpose of protecting a particular sector in contravention of the relevant
provisions of this Treaty, due regard being paid in either case to any special factors which may be
affecting the reserves of such Member State or its
need for reserves.
4.Restrictions adopted or maintained pursuant to paragraph 1 of this Article, or any changes therein,
shall be notified within three (3) working days to the Council for Finance and Planning and to the
Council for Trade and Economic Development, and, in any event, the Member State concerned
shall immediately consult with the competent Organ
if and when requested.
5.The Council for Finance and Planning shall establish procedures for periodic consultations
including, where possible and desirable, prior consultations with the objective of making
recommendations to the Member State concerned for
the removal of the restrictions.
6.The consultations referred to in paragraph 5 of this
Article shall:
a.be designed to assist the Member State concerned to overcome its
balance-of-payments and external financial
difficulties;
b.assess the balance-of-payments situation of the Member State concerned and the
restrictions adopted or maintained under
this Article, taking into account, inter alia:
i.the nature and extent of the balance-of-payments and the external
financial difficulties;
ii.the external economic and trading environment of the Member State
applying the restrictions; and
iii.alternative corrective measures
which may be available.
7.The consultations shall address the compliance of any restrictions with paragraph 2 of this Article
and, in particular, the progressive phase-out of
restrictions in accordance with paragraph 2(d).
8.In such consultations, all findings of statistical and other facts presented by the Committee of
Central Bank Governors relating to foreign exchange, monetary reserves and
balance-of-payments, shall be accepted and conclusions shall be based on the assessment by the
Committee of the balance-of-payments and the external financial situation of the Member State
concerned.
ARTICLE VIII :
ARTICLE 38
Non-Discrimination
1.Within the scope of application of this Treaty and without prejudice to any special provisions
contained therein, any discrimination on grounds
of nationality only shall be prohibited.
2.The Community Council shall, after consultation with the competent Organs, establish rules to
prohibit any such discrimination.
ARTICLE 38 (bis)
Measures to Facilitate Establishment, Provision of Services
and Movement of Capital
1.In order to facilitate the exercise of the rights provided for in this Chapter, the Council for Trade
and Economic Development and the Council for Finance and Planning shall, subject to the
approval of the Conference, adopt appropriate measures
for:
a.the establishment of market intelligence and
information systems in the Community;
b.harmonised legal and administrative requirements for the operation of partnerships,
companies, or other entities;
c.abolition of exchange controls in the Community, and free convertibility of the currencies of
Member States;
d.the establishment of an integrated capital market
in the Community;
e.convergence of macro-economic performance and policies through the co-ordination or
harmonisation of monetary and fiscal policies, including, in particular, policies relating to
interest rates, exchange rates, tax structures
and national budgetary deficits;
f.the establishment of economical and efficient land, sea and air transport services throughout
the Community, and
g.the establishment of efficient communication
services.
2.The Council for Finance and Planning and the Council for Trade and Economic Development shall
establish a comprehensive set of rules in respect of the areas listed in paragraph 1 of this Article for
approval by the Conference.
ARTICLE 38a
Restrictions to Resolve Difficulties or Hardships Arising
from the Exercise of Rights
1.Where the exercise of rights granted under this Chapter creates serious difficulties in any sector of
the economy of a Member State or occasions economic hardships in a region of the Community, a
Member State adversely affected thereby may, subject to the provisions of this Article, apply such
restrictions on the exercise of the rights as it considers appropriate in order to resolve the
difficulties or alleviate the hardships.
2.Where a Member State:
a.intends to apply restrictions in accordance with paragraph 1 of this Article, it shall, prior to
applying those restrictions, notify the competent Organ of that intention and the nature of the
restrictions;
b.is unable to comply with sub-paragraph (a) of this paragraph, it shall, upon applying the
restrictions in accordance with paragraph 1, immediately notify the competent Organ of the
application and nature of the restrictions.
3.The Member State shall, at the time of application of the restrictions mentioned in paragraph 1,
submit to the Council for Trade and Economic Development or the Council for Finance and
Planning, as the case may require, a programme setting out the measures to be taken by that
Member State to resolve the difficulties or to alleviate
the hardships.
4.The competent Organ shall give its earliest consideration
to the programme, and:
a.make a determination in respect of the appropriateness of the restrictions and whether they
shall be continued ; and
b.where it decides that the restrictions shall
be continued, determine:
i.the adequacy of the programme; and
ii.the period for which the restrictions
should continue.
The competent Organ, in making a determination under sub-paragraph (b) of this paragraph, may
impose such conditions as it considers necessary.
5.Restrictions applied by a Member State pursuant to paragraph 1 of this Article shall be confined to
those necessary:
a.to resolve the difficulties in affected
sectors;
b.to alleviate economic hardships in a particular
region;
c.to minimise damage to the commercial or economic interests of any other Member
State; or
d.to prevent the unreasonable exercise of rights granted under this Chapter, the
exclusion of which could impair the development
of the Single Market and Economy.
6.Member States, in applying restrictions pursuant to paragraph 1 of this Article, shall not
discriminate and:
a.shall progressively relax them as relevant conditions
improve;
b.may maintain them only to the extent that conditions mentioned in paragraph 1 of this Article
continue to justify their application.
7.If the Council for Trade and Economic Development is not satisfied that Member States applying
restrictions are acting in accordance with the provisions of paragraph 6 of this Article, it may
recommend to Member States adversely affected thereby alternative arrangements to the same
end.
ARTICLE 38b
Waiver of Obligations to Grant Rights
1.Notwithstanding any provision in this Chapter, a Member State may apply to the Community
Council for a waiver of the requirement to grant any of the rights mentioned in paragraph 1 of
Article 35 in respect of any industry, sector or
enterprise.
2.An application for a waiver within the meaning of
paragraph 1 of this Article shall:
a.be made prior to the establishment of the relevant programme for the removal of restrictions
on the rights mentioned in paragraph 1;
b.identify the rights in respect of which the waiver
is required;
c.set out the circumstances justifying the grant
of the waiver; and
d.indicate the period for which the waiver is required.
3.The Community Council may require the applicant to furnish such additional information as the
Council may specify.
4.Where the Community Council is satisfied that the waiver should be granted, it shall grant a waiver
for a period not exceeding five years, subject to such terms and conditions as the Community
Council may determine.
5.A Member State which has been granted a waiver within the meaning of paragraph 1 of this
Article:
a.shall not, while the waiver is in force, be entitled to espouse a claim on behalf of its nationals
against another Member State in respect of the
rights for which the waiver was granted;
b.shall:
i.at the termination of the period of the waiver, remove the restrictions and notify the
Community Council; or
ii.where the Member State removes the restrictions before the end of the period of the
waiver, notify the Community Council accordingly.
ARTICLE 38b (bis)
General Exceptions
1.Subject to the requirement that such measures are not applied in a manner which would constitute
a means of arbitrary or unjustifiable discrimination between Member States where like conditions
prevail, or a disguised restriction on the rights provided for in this Treaty, nothing in this Chapter
shall be construed as preventing the adoption or enforcement by any Member State of measures
necessary:
a.to protect public morals or to maintain public
order and safety;
b.to protect human, animal or plant life or health;
c.to secure compliance with laws or regulations which are not inconsistent with the provisions
of the Treaty including those relating to:
i.the prevention of deceptive and fraudulent practices, and the effects of a default on
contracts;
ii.the protection of the privacy of individuals in relation to the processing and
dissemination of personal data and the protection of confidentiality of individual
records and accounts; and
d.to give effect to international obligations including treaties on the avoidance of double
taxation.
2.The Community Council shall take appropriate measures to co-ordinate applicable legislation,
regulations and administrative practices established
in accordance with Article 38 (bis).
ARTICLE 38b (ter)
Security Exceptions
Nothing in this Treaty shall be construed:
a.as requiring any Member State to furnish information, the disclosure of which it considers contrary
to its essential security interests;
b.as preventing any Member State from taking any action which it considers necessary for the
protection of its essential security interests:
i.relating to the supply of services carried out directly or indirectly for the purpose of
provisioning a military establishment;
ii.in time of war or other emergency in international
relations; or
c.as preventing any Member State from taking any action in pursuance of its obligations for the
maintenance of international peace and security.
ARTICLE 38c
Special Provisions for Less Developed Countries
Where in this Chapter, Member States or competent Organs are required to remove restrictions on the
exercise of the rights mentioned in paragraph 1 of Article 35 the special needs and circumstances of the
Less Developed Countries shall be taken into account.
ARTICLE 38d
Implementation
Nothing in this Chapter shall be construed as precluding Member States from adopting measures to
remove restrictions on the right of establishment, the right to provide services or the right to move capital
within the Community earlier than is required by these
provisions.
ARTICLE IX :
Signature
This Protocol shall be open for signature on the ...................... day of July 1997 by any State mentioned
in paragraph 1(a) of Article 2 of the Treaty and Suriname.
ARTICLE X :
Ratification
This Protocol shall be subject to ratification by signatory States in accordance with their respective
constitutional procedures. Instruments shall be deposited with the Secretariat which shall transmit certified
copies to the Government of each Member State.
ARTICLE XI :
Entry Into Force
This Protocol shall enter into force one month after the date on which the last instrument of ratification by
the States mentioned in Article IX is deposited with the
Secretariat.
ARTICLE XII :
Accession
Any State of the Caribbean Region may, with the approval of the Conference, accede to this Protocol.
Instruments of accession shall take effect on the day next following the date of their deposit with the
Secretariat which shall transmit certified copies thereof
to the Government of each Member State.
ARTICLE XIII :
Provisional Application
1.The States mentioned in Article IX may, upon signature or at any later date before this Protocol
enters into force, declare their intention to apply
it provisionally.
2.Upon such declaration, the provisions of this Protocol shall be applied provisionally pending its
entry into force in accordance with Article XI.
IN WITNESS WHEREOF the undersigned duly authorised in that behalf by their respective
Governments have executed this Protocol and hereby declare
their intention to apply it provisionally.
DONE at Montego Bay, Jamaica on the .....................................
day of July 1997
NOTE: (Signatures to follow hereafter).
Final Update Approved by Mr. Duke Pollard
for Signature in Montego Bay, Jamaica - July 1997.
24 June 1997
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