caricom - steps outlining the new procedures for requests for suspension of the cet under art. 83 of...

8/8/2019 CARICOM - Steps Outlining the New Procedures for Requests for Suspension of the CET Under Art. 83 of the Revise

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ANNEX III

STEPS OUTLINING THE NEW PROCEDURE FOR REQUESTS

FOR SUSPENSION OF THE CET

PART A - BY THE SECRETARY-GENERAL UNDER ARTICLE 83 OF

THE REVISED TREATY OF CHAGUARAMAS

Step 1

The Entity that is unable to obtain supplies from within the Community must

apply to the Competent Authority in the Member States concerned, in writing i.e.

the Minister so designated by each Member State for this purpose. The Entity

must also inform the Competent Authority of the quantity, standard, the urgency

of the request, and of efforts to source supplies of the product from local and

regional suppliers. The Entity must endeavor to provide evidence of unfulfilled

orders; evidence of the response of the regional producer including

transportation logistics (force majeureexcepted); and information showing what

efforts it had made to obtain regional supplies.

Step 2

The Competent Authority on receipt of a request from an Entity for a suspension

of the Common External Tariff (CET), is required to assess the ability of other

local Entities within the Member State to supply the required product by seeking

information from known suppliers whether supplies in adequate quantities and

required specifications are, or are not available for the period requested. A

record of responses from local Entities must be kept by the Competent Authority

to confirm that there was adequate consultation at the national level.

Step 3

The Competent Authority having been satisfied that the request is urgent and

that local Entities are unable to supply the required product in the quantity or

standard within the time period required, will submit a request for suspension of

the CET for the consideration of the Secretary-General and at the same time


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may inform the Competent Authorities of the other Member States of the request

for a suspension of the CET on the product in question. The request will include

the summary of responses compiled locally and will be inserted in the attached

Request for Alteration or Suspension of the Common External Tariff (See

Appendices I and II to this Attachment).

Step 4

The Secretary-General, being satisfied with the completeness of the information

submitted and that it is in accordance with the procedures agreed, will

immediately formally acknowledge receipt of the request for suspension of the

CET on the requested product (See Appendix III to this Attachment);

Step 5

Once the Secretary-General is satisfied that all relevant information has been

submitted in compliance with these procedures he/she will promptly enquire of

the Competent Authorities of the other Member States by the quickest possible to

ascertain that supplies of the product are or are not available in the quantities

and standards and for the time period requested (See Appendix IV to this

Attachment). Communication by the Secretary-General will be by email, fax or

by the quickest possible means;

Step 6

The Competent Authority on receipt of the Secretary-Generals enquiry, is

required to ascertain from local suppliers within the Member State that supplies

of the product are or are not available indicating quantity, specification and the

time period requested.

Step 7

The Member States to whom the Secretary-Generals enquiries are directed are

required to respond within seven calendar days of the dispatch of these


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enquiries, copying their replies to the Competent Authority in the requesting

Member State. The response should include-

(a) The known suppliers consulted;

(b) Whether supplies are available for export from that Member State as per

request and the contact information for the suppliers. In cases where a

Member State is able to supply the products requested in the required

quantities, standards, and for the period requested, the Competent

Authority will advise the Secretary-General that having consulted with

known suppliers that supplies are available. The Competent Authority

must indicate the name and contact information of the supplying Entity,

including the quantity to be supplied and for what time period. An

indication of the suppliers capacity, actual annual production with regards

to the supply capabilities to the local, regional and extra-regional markets

must be provided (Appendix V to this Attachment);

(c) Where supplies are not currently available, an indication of whether or

when supplies would be available;

(d) Where supplies of a product are available but not in the quantity

requested, the Competent Authority will so advise the Secretary-General

and indicate the time frame when it will become available.

Whether or not supplies are available, the Member States are required to

respond (and the Secretary-General should insist upon receiving at least from

those Member States known to be producers of the input in question) and to give

a specific answer to the questions posed.

Where the 14 day period has elapsed and a known producer has not provided a

definitive response to the Secretary-General to the questions posed, the


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Secretary General should again seek a response and after 7 calendar days,

notwithstanding that he might not have received a reply the Competent Authority

of a known supplier, make the appropriate determination on whether to grant the

suspension.

Step 8

Upon receipt of information of a Member States:

(a) ability to supply the product requested, the Secretary-General will within

two working days inform the Competent Authority in the requesting

Member State of the supplying Member States ability to supply the

requested product. The Secretary-General will indicate the contact

information of the supplying Entity (which is to include Name, Address,

Telephone, Fax and Email) and will urge direct communication between

the supplying Entity and the requesting Entity. As a result of the ability to

supply, the Secretary-General will advise that authorization for the

suspension of the tariff on the requested product cannot be granted at this

time (Appendix VI to this Attachment).

The Competent Authority in the supplying Member State will monitor

whether the supplier actually supplies the product within a reasonable time

and report to the Secretary-General on any difficulties encountered by the

supplier. Where the supplier encounters difficulties in supplying in a

reasonable timeframe, the Secretary-General will grant the Suspension;

(b) inability to supply, after the seven-day period allotted for response of

Member States, the Secretary-General will within two calendar days,

make a decision whether or not to grant approval, on behalf of the Council

for Trade and Economic Development (COTED), for the suspension of

the rate under the CET on the product in question. He/she will advise the


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Competent Authority in the requesting Member State and the other

Member States the reasons for granting the suspension;

Step 9

Where a private sector Entity has advised the Secretary-General before the

Suspension is issued that supplies of a product are available the Secretary-

General will ascertain from the Competent Authority in the relevant Member

State and verify that the requisite level of consultations have been held between

the Competent Authority and the domestic suppliers of the product in question.

The Competent Authority is required to respond to the Secretary-Generals letter

of enquiry within seven calendar days;

Step 10

The Competent Authority, on receipt of the Secretary-Generals Certificate

Authorizing Suspension (See Appendices VII and VIII to this Attachment),

must ensure that the quantity of materials or goods imported free of duty from

extra-regional sources, does not exceed the quantity authorized by the

Secretary-Generals Certificate.

Step 11

The Secretary-General will report to the COTED at its next meeting, giving

particulars of any action taken by him/her under Article 83 (3) of the Revised

Treaty;

Part B - By COTED under Article 83 of the Revised Treaty

Step 1

The Entity that is unable to obtain supplies from within the Community must

apply to the Competent Authority in writing in the Member States concerned, i.e.

the Minister designated by each Member State for this purpose. The Entity must


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also inform the Competent Authority of the quantity, standard and of efforts to

source supplies of the product from local and regional suppliers;

Step 2

The Competent Authority on receipt of a request from an Entity for a suspension

of the Common External Tariff (CET), is required to assess the ability of other

local Entities within the Member State to supply the required product by seeking

information from known suppliers whether supplies in adequate quantities and

required standards are, or are not available for the period requested. A record of

responses from local Entities must be kept by the Competent Authority to confirm

that there was adequate consultation at the national level;

Step 3

The Competent Authority having been satisfied that local Entities are unable to

supply the required product in the quantity, standard and time period required,

and that the request is not urgent or that a Meeting of the COTED is imminent,

will submit to COTED through the Secretary-General at least fourteen calendar

days prior to a scheduled Meeting of COTED (in accordance with the Rules of

Procedure of COTED), a request for a suspension of the CET on the product inquestion. The request will include the summary of responses compiled locally

and is set out as Appendix II (b) to this Attachment.

Step 4

The Secretary-General will immediately circulate the submission from the

requesting Member States for the consideration of other Member States prior to

the COTED Meeting;

Step 5

The Competent Authority on receipt of the Secretary-Generals enquiry, is

required to notify the local Entities of the request to COTED and make the

information on the ability to supply available prior to or at the Meeting of COTED;


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Appendix I to Attachment I

Request from Competent Authority to Secretary-General

CARIBBEAN COMMUNITY

Draft Application for Suspension of the Common External Tariff

(For consideration by the Secretary-General under Article 83 (2) of the Revised

Treaty)

Attached for your attention is a completed request form for the suspension of the

Common External Tariff (CET) rate on the captioned items in respect of the

Government of forThe Suspension is

being requested under Article83 (2),{(a),(b),(c)},and the period of rate change

sought is..to.

Further to consultations with the local business community, the Competent

Authority of (Member State) wishes to advise that the known producers provided

responses to our request for suppliers of (Requested item) dated

.. as follows:

i. Company AUnable to Supply.

ii. Company BUnable to Supply.

OR

iii. No known suppliers exist locally.

...

Authorised signature

Date


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Appendix II to Attachment I REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF UNDER

PARAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY - Page 1 of 2

(a)

NAMES AND

ADDRESSES OF

REQUESTING

INDIVIDUAL OR

COMPANY

(b)

TARIFF

HEADING

NO.

(c)

GOODS TO BE IMPORTED

(d)

TECHNICAL

SPECIFICATIONS/

STANDARD

(e)

CET RATE

(f)

RATE

PROPOSED

(g)

PERIOD OF RATE

CHANGE (WHERE

SUSPENSION OF

RATE IS SOUGHT)

DESCRIPTION AMOUNT

Qty EST.

VALUE

US $

nformation must be supplied on the efforts made to source the products from Local and Regional suppliers including identifying the Member State and companies from wsupplies had been obtained prior to the present request.


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REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF UNDER PARAGRAPH 3 OF ARTICLE 83OF THE REVISED TREATY Page 2 of 2

(h)CERTIFICATION OFGREAT URGENCY

(i)REASON FOR REQUEST FORSUSPENSION OF RATE

(j)EVIDENCE OF INABILITY TOSUPPLY:

(k)EVIDENCE OFCONSULTATION

Under Article 83 (2)

(a) Not being producedregionally

(b) Does not satisfy demand

(c) Quality below regionalstandard

INCLUDING:

i. Unfulfilled Orders

ii. Transportation Logistics

iii. Efforts made to obtain regionalsupplies

LOCAL

REGIONAL


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Appendix II (b) to ATTACHMENT I

EXPLANATORY NOTE FOR COMPLETING Appendix II to ATTACHMENT IREQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF (CET)

UNDER PAPRAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY.

This document contains the guidelines for completing the Request for Suspension of

the Common External Tariff following the decision of Council for Trade and Economic

Development (COTED) at its Twenty Eighth Meeting held in Barbados on 8 October

2009, to revise the procedures to be followed by the Secretary-General when

processing requests for suspensions in-between meetings of the COTED. The

Competent Authority is required in:

Column (a) - NAMES AND ADDRESSES OF REQUESTING INDIVIDUAL OR

COMPANY

To provide the name of the requesting entity and its full postal and physical address. It

should also include contact information i.e. telephone and fax numbers, website and

email addresses.

Column (b) TARIFF HEADING NO.

To provide the Tariff Heading as contained in the CET based on the Harmonized

Commodity Description and Coding System (HS) 2007.

Column (c) GOODS TO BE IMPORTED

To provide a description of the goods to be imported, giving details of quantity and an

estimated value in United States dollars.

Column (d) TECHNICAL SPECIFICATIONS/STANDARD

To provide physical characteristics of the item, the uniform application of which is

regionally or generally recognised in the international community.


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Column (e) CET RATE

To provide the Rate of Duty for the corresponding Tariff Heading as contained in the

CET based on the Harmonized Commodity Description and Coding System (HS) 2007.

Column (f) RATE PROPOSED

To provide the Rate of Duty the Competent Authority wishes to apply during the period

of suspension.

Column (g) PERIOD OF RATE CHANGE

Relates to the period of time within which the suspension of the CET will be applicable.

This period must not exceed one year when requests are made to the Secretary-

General.

Column (h) INDICATION OF GREAT URGENCY

May include possibility of serious injury or the threat of serious injury to the firm or

economy or interruption in commercial activity.

Column (i) REASON FOR REQUEST FOR SUSPENSION OF RATE

To indicate which of the three situations as outlined under Article 83 (2) best describesthe reason (s) for requesting the suspension by placing a tick in the appropriate

Column.

Column (j) EVIDENCE OF INABILITY TO SUPPLY

To indicate under the relevant category what are the specific factors that prevent supply

from local or regional suppliers. Such evidence could include letters, faxes or other

written indications of the outcome of such consultations.

Column (k) EVIDENCE OF CONSULTATION

To provide information to the satisfaction of the Secretary General that consultations

have taken place within the Requesting Member State and responding Member States.


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Such evidence will include letters, faxes or other written indications of the outcome of

such consultations.


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Appendix III to Attachment I

Acknowledgement of Receipt from Secretary-General

CARIBBEAN COMMUNITY


(For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty)

Date

The Secretary-General acknowledges receipt of your request dated..and

received on..for suspension of the CET on the items listed below:

i.

ii..

iii..

The Secretary-General is initiating enquires in Member States regarding the availability

and quantities of the items on which suspension is being requested.

The processing of the request for the suspension of the CET will be in accordance with

the new procedures agreed by the COTED.

..

Secretary-General

Date


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Appendix IV to Attachment I

Secretary-Generals enquiry of Member States to supply

CARIBBEAN COMMUNITY



Date

The Secretary-General has received a request from the Government of ...

for the Suspension of the Common External Tariff under Article 83 of the Revised Treaty

Establishing the Caribbean Community, including the CARICOM Single Market and Economy

on . as per attached.

The Secretary-General is seeking your response specifically indicating that supplies

of.are or are not available in the quantities, specifications,

and time period requested. You are requested to consult with all known domestic suppliers, in

order to enable the Secretary-General to make an informed determination, on whether or not to

grant the suspension.

Your response to the Secretary-General should therefore indicate:

(i) the suppliers consulted;

(ii) whether supplies are available for export from your Member State as per request and

the contact information for the suppliers; and

(iii) where supplies are not currently available, an indication of if and when supplies

would be available.

In keeping with the decision of the COTED regard ing procedures re lat ing thereto, Member

States are requested to respond by ....

Secretary-General


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Date

Appendix V to ATTACHMENT I

Response from Competent Authority to the Secretary-Generals Enquiry

CARIBBEAN COMMUNITY



Date

In response to your enquiry whether suppliers of....are available,

the Government of.wishes to advise that:

It has consulted with the known producers ofas follows:

(a) Supplies are available from;

(i) Company A can supply - Name, quantity that can be supplied and for whattime period and contact information;

(ii) Company B can supply - Name, quantity that can be supplied and for whattime period and contact information;

(iii) Company C can supply - Name, quantity that can be supplied and for whattime period and contact information, and

(b)Supplies are not available currently for the period from;

(Requesting entity) is a manufacturer of (Requested item) in (Requesting Member

State). This firm has the current capacity to produce (Quantity) annually, of which

(quantity) is targeted at local customers and (Quantity) for regional export.

(Authorised signature)

Date


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Appendix VI to ATTACHMENT I

Denial of Request by Secretary-General

CARIBBEAN COMMUNITY



Date

The Secretary-General has received in response to your request for suspension of the

Common External Tariff (CET) on communication from (copy

of which is attached) indicating ability to supply .

The Secretary General recommends direct communication between Requesting

Member State and Supplying Member State on the supply of Requested Item. The

contact information is as follows;

Name

Address

Telephone

Fax

Email

The Secretary-General is requesting that you submit copies of the correspondence so

that it could monitor the regional supply of this product(s).

In the circumstances, I have to advise that authorization for suspension of the CET on

Requested Item cannot be granted at this time.

SECRETARY-GENERAL


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Appendix VII to ATTACHMENT I

Secretary-Generals Certificate Authorizing Suspension

SUSPENSION OF THE COMMON EXTERNAL TARIFF (CET) UNDER

PARAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY

ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING

THE CARICOM SINGLE MARKET AND ECONOMY

IN PURSUANCE OF THE POWERS CONFERRED UNDER PARAGRAPH 3 OF

ARTICLE 83 OF THE REVISED TREATY ESTABLISHING THE CARIBBEAN

COMMUNITY, INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY, I

HEREBY AUTHORISE THE GOVERNMENT OF .. TO SUSPEND THE

COMMON EXTERNAL TARIFF IN RESPECT OF IMPORTS OF THE FOLLOWING

ITEM(S) FROM . 200TO .. 200.

MEMBER

STATE

IMPORT

ER

TARIFF

HEADING

NUMBER

DESCRIPTION OF GOOD QUANTITY

REQUIRED

(kgs)

DONE AT THE CARIBBEAN COMMUNITY (CARICOM) SECRETARIAT THIS

. DAYOF TWOTHOUSAND AND TEN

CARIBBEAN COMMUNITY

SECRETARY-GENERAL


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Appendix VIII to Attachment I

Letter from Secretary-General Authorizing Suspension

DATE

THE COMPETENT AUTHORITY

MEMBER STATE

Dear

I wish to advise that acting under the Authority conferred on me by the COTED under

Paragraph 3 of Article 83 of the Revised Treaty Establishing the Caribbean Community,

including the CARICOM Single Market and Economy, I have authorized suspension of

the Common External Tariff (CET) by .on

.. as set down in the

attached Certificate authorising Suspension.

The suspension is granted on the basis of.

Yours sincerely,

SECRETARY-GENERAL


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ATTACHMENT II

STEPS OUTLINING THE NEW PROCEDURE FOR INVOKING OF

THE SAFEGUARD MECHANISM

Step 1

The Entity that is unable to obtain supplies of the input from within the Community must

apply to the Competent Authority in writing in the Member State concerned, i.e. the

Ministry designated by each Member State for this purpose. The Entity must also inform

the Competent Authority of the quantity and specification and of efforts to source

supplies of the inputs from local and regional suppliers. The Entity must endeavour to

provide evidence of unfulfilled orders, evidence of the response of the regional producer

including transportation logistics (force majeure excepted) and information showing

what efforts they have made to obtain regional supplies.

Step 2

The Competent Authority on receipt of a request from an Entity for a Certificate under

the Safeguard Mechanism, is required to assess the ability of other local Entities within

the Member State to supply the required input by seeking information from known

suppliers whether supplies in adequate quantities and required specifications are, or are

not available for the period requested. A record of responses from local Entities must be

kept by the Competent Authority to confirm that there was adequate consultation at the

national level;

Step 3

The Competent Authority having been satisfied that local Entities are unable to supply

the required input in the quantity, specifications and time period required, will submit aRequest for Invoking of the Safeguard Mechanism under Paragraphs 4-7 of Article 84 of

the Revised Treaty (See Appendices I and II to this Attachment) for the consideration

of the Secretary-General and at the same time, inform the Competent Authorities of the

other Member States of the request for a Certificate under the Safeguard Mechanism


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for the input in question. The request will include the summary of responses compiled

locally and will be inserted in the attached application

Step 4

The Secretary-General being satisfied with the completeness of the information

submitted and that it is in accordance with the procedures agreed will immediately

formally acknowledge receipt of the request for Invoking of the Safeguard Mechanism

for the requested input (See Appendix III to this Attachment).

Step 5

Once the Secretary-General is satisfied that all relevant information has been submitted

in compliance with these procedures he will promptly enquire of the Competent

Authorities of the other Member States by the quickest way possible to ascertain that

supplies of the inputs are or are not available in the quantities and specifications and for

the time period requested (See Appendix IV to this Attachment).

Step 6

The Competent Authority on receipt of the Secretary-Generals enquiry, is required to

ascertain from local suppliers within the Member State that supplies of the inputs are orare not available indicating quantity, standards and the time period requested.

Step 7

The Member States to whom the Secretary-Generals enquiries are directed are

required to respond within seven (7) calendar days of the dispatch of these enquiries,

copying their replies to the Competent Authority in the requesting Member State. The

response should include:

(a) The known suppliers consulted;

Whether supplies are available for export from your Member State as per request

and the contact information for the suppliers; In cases where a Member State is

able to supply the products requested in the required quantities, specifications,


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and for the period requested, the Competent Authority will advise the Secretary-

General that having consulted with known suppliers that supplies are available.

The Competent Authority must indicate the name and contact information of the

supplying Entity, including the quantity to be supplied and for what time period.

The Competent Authority must also include an indication of the suppliers annual

production capacity, the suppliers local, regional and international supply

commitments as well as an indication to supply within the timeframe requested

(See Appendix V to this Attachment);

(b) Where supplies are not currently available, an indication whether or when

supplies would be available;

(c) Where supplies of a input are available but not in the quantity requested, the

Competent Authority will so advise the Secretary-General and indicate the time

frame when it will become available

Whether or not supplies are available, the Member States enquired of are

required to respond (and the Secretary-General should insist upon receiving at

least from those Member States known to be producers of the input in question)and to give a specific answer to the questions posed.

Where the 14 day period has elapsed and a known producer has not provided a

definitive response to the Secretary-General to the questions posed, the

Secretary General should again seek a response and after 7 calendar days,

notwithstanding that he might not have received a reply from the Competent

Authority of a known supplier, make the appropriate determination on whether to

grant the Certificate.


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Step 8

(a) Upon receipt of information of a Member States ability to supply the input

requested, the Secretary-General will within two calendar days inform the

Competent Authority in the requesting Member State of theSupplying Member

States ability to supply the requested input. The Secretary-General will indicate

the contact information of the Supplying Entity (which is to include Name,

Address, Telephone, Fax and Email) and will urge direct communication between

it and the Requesting Entity. The Secretary-General will advise that a Certificate

under the Safeguard Mechanism on the requested input cannot be granted at

this time (See Appendix VI to this Attachment);

The Competent Authority in the supplying Member State will monitor whether the

supplier actually supplies the product at a reasonable time and report to the

Secretary-General on any difficulties encountered by the supplier. Where the

supplier encounters difficulties in supplying in a reasonable time-frame, the

Secretary-General will grant the Certificate under the Safeguard Mechanism

(See Appendices VII and VIII to this Attachment);

OR

(b) Upon receipt of information of a Member State inability to supply, within the

period of five calendar days after the seven-day period allotted for response of

Member States, the Secretary-General will make a decision whether to grant a

Certificate under the Safeguard Mechanism on the product in question.

Step 9

Where a private sector Entity has advised the Secretary-General that supplies of an

input is available, the Secretary-General will ascertain from the Competent Authority in

the relevant Member State and verify that the requisite consultations have been held

between the Competent Authority and their domestic suppliers of the input in question.


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The Competent Authority is required to respond to the Secretary-Generals letter of

enquiry within seven calendar days.

Step 10

The Secretary-General shall inform the Member States of the issue of his Certificate

including any conditions attaching thereto and that goods manufactured from like

materials imported from outside the Community shall be deemed to be of Community

Origin.

Step 11

The Secretary-General will report to the COTED at its next meeting, giving particulars of

any action taken by him under Article 84 of the Revised Treaty.


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Appendix I to Attachment II

Request from Competent Authority to Secretary-General for Invoking

of the Safeguard Mechanism

CARIBBEAN COMMUNITY

(Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84)

Date

Attached for your attention is a completed Request for the Invoking of the Safeguard

Mechanism under Paragraph 7 of Article 84 of the Revised Treaty in

respectof Tariff Headingmanufactured

by using extra-regional as declared in the

Request.

Further to consultations with the local business community, the Competent Authority of

(Member State) wishes to advise that the known producers provided responses to our

request for suppliers of (Requested item) dated .. as follows:

i. Company AUnable to Supply.

ii. Company BUnable to Supply.

OR

iii. No known suppliers exist locally.

...


Date


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APPENDIX II to ATTACHMEREQUEST FOR THE INVOKING OF THE SAFEGUARD MECHANISM

UNDER PARAGRAPH 7 OF ARTICLE 84:

THE COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY

INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY

(PAGE 1 OF 2)

Name and Address

of Producer/

Manufacturer of

Goods utilizing the

required Material

Material Required Goods To Be Produced

Tariff

Heading

No.

Description Amount

Quantity

Technical

Specifications

Period of

Importation

Tariff

Heading No.

Description

Amount

Quantity

Estimated

Value


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REQUEST FOR THE INVOKING OF THE SAFEGUARD MECHANISMUNDER PARAGRAPH 7 OF ARTICLE 84:

THE COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY

INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY

(PAGE 2 OF 2)

REASON FOR REQUEST FOR

THE INVOKING OF THE

SAFEGUARD MECHANISMUNDER ARTICLE 84

EVIDENCE OF INABILITY TO

SUPPLY:

EVIDENCE OF

CONSULTATION

REMARKS

INCLUDING:

i. Unfulfilled Orders

ii. Transportation Logistics

iii. Efforts made to obtain regional

supplies

LOCAL

REGIONAL


27/32


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Appendix IV to Attachment II

Secretary-Generals Enquiry to Member States

CARIBBEAN COMMUNITY

(Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of

Article 84)

Date

The Secretary General has received a request from the Government of

... for the Invoking of the Safeguard Mechanism under

Paragraph 7 of Article 84 of the Revised Treaty in respectof

Tariff Headingmanufactured byusingextra-regional.as per attached.

The Secretary-General is seeking your response specifically indicating that

supplies ofare or are not available in the quantities,

specifications, and time period requested. You are requested to consult with all

known domestic suppliers, in order to enable the Secretary-General to make an

informed determination, on whether or not to grant the Certificate.

Your response to the Secretary-General should therefore indicate:

(iv) the suppliers consulted;

(v) whether supplies are available for export from your Member State as

per request and the contact information for the suppliers; and

(vi) where supplies are not currently available, an indication of if and when

supplies would be available.

In keeping with the decision of the COTED regarding procedures relating

thereto, Member States are requested to respond by

....

Secretary-General

Date


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Appendix V to Attachment II

Response from Competent Authority to the Secretary-Generals Enquiry

CARIBBEAN COMMUNITY

(Request for the Invoking of the Safeguard Mechanism under

Paragraph 7 of Article 84)

Date

In response to your enquiry whether suppliers of....are

available, the Government of.wishes to advise that:

It has consulted with the known producers ofas follows:

(b) Supplies are available from;

(iv) (Company A) can supply - Name, quantity that can be supplied and forwhat time period and contact information;

(v) Company B) can supply - Name, quantity that can be supplied and forwhat time period and contact information;

(vi) (Company C) can supply - Name, quantity that can be supplied and forwhat time period and contact information, and

(b)Supplies are not available currently for the period from;

(Requesting entity) is a manufacturer of (Requested item) in (Requesting

Member State). This firm has the current capacity to produce (Quantity)

annually, of which (quantity) is targeted at local customers and (Quantity) for

regional export.


Date


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Appendix VI to Attachment II

Denial of Request by Secretary-General

CARIBBEAN COMMUNITY

(Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of

Article 84)

Date

The Secretary General has received in response to your request for Invoking of

the Safeguard Mechanism under Paragraph 7 of Article 84 of the Revised Treaty

on using extra regional materials, communication from

(copy of which is attached) indicating ability to supply .

The Secretary General recommends direct communication between Requesting

Member State and Supplying Member State on the supply of Requested Item.

The contact information is as follows;

Name

AddressTelephone

Fax

Email

The Secretary General is requesting that you submit copies of the

correspondence so that it could monitor the regional supply of this product(s).

In the circumstances, I have to advise that authorization for Invoking of the

Safeguard Mechanism under Paragraph 7 of Article 84 of the Revised Treaty on

Requested Item cannot be granted at this time.

SECRETARY-GENERAL


31/32

Appendix VII to Attachment II

Certificate from Secretary General Granting a Certificate under

the Safeguard Mechanism

CARIBBEAN COMMUNITY(Request for the Invoking of the Safeguard Mechanism under Paragraph 7 of Article 84)

CERTIFICATE ISSUED PURSUANT TO PARAGRAPH 7 OF ARTICLE 84:

COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY

ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING

THE CARICOM SINGLE MARKET AND ECONOMY

PURSUANT TO THE AUTHORITY CONFERRED UPON ME BY PARAGRAPH 7 OF

ARTICLE 84: COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY

ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING THE CARICOM

SINGLE MARKET AND ECONOMY, I HEREBY ISSUE TO THE COMPETENT

AUTHORITY OF . THIS CERTIFICATE WHICH SHALL

NOTWITHSTANDING ANYTHING TO THE CONTRARY SET OUT IN (THE SAID)

ARTICLE 84 ENABLE (AS SET OUT IN THE TABLE UNDER GOODS TO

BE PRODUCED), MANUFACTURED BY USING EXTRA-

REGIONAL .(AS SET OUT IN THE TABLE UNDER MATERIALS

AUTHORISED TO BE USED) TO BE DEEMED TO SATISFY THE QUALIFYING

CONDITIONS FOR COMMUNITY ORIGIN.

MEMBE

R

STATE

MANU-

FACTURE

R

MATERIALS AUTHORISED TO BE USED GOODS TO BE PRODUCED

TARIFF

HEADING

NO.

DESCRIPTION AMOUNT

(pcs)

TARIFF

HEADING

NO.

DESCRIPTION

AMOUNT

(pcs)

THIS CERTIFICATE SHALL HAVE EFFECT FOR THE PERIOD

.20XXTO 20XX.

DONE AT THE CARIBBEAN COMMUNITY (CARICOM) SECRETARIAT THIS

. DAYOF TWO THOUSAND AND...

SECRETARY-GENERALCARIBBEAN COMMUNITY


32/32

Appendix VIII to Attachment II

Letter from Secretary General Granting a Certificate under

the Safeguard Mechanism

CARIBBEAN COMMUNITY

(Request for the Invoking of the Safeguard Mechanism under Paragraph 7

of Article 84)

DATE

ADDRESS

Dear,

I wish to advise that acting under the Authority conferred on me by Paragraph 7

of Article 84 of the Community Rules of Origin of the Revised Treaty Establishing

the Caribbean Community, Including the CARICOM Single Market and Economy.

I have issued a Certificate under the Safeguard Mechanism for

. to the Competent Authority of ..

Yours sincerely,

SECRETARY-GENERAL

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