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2 March 2011 Presenter via Skype Bernard E Black Senior Project Officer – Customs & Trade Policy

CARICOM Role is assisting Member States for the trade control in commodities controlled under Multilateral Environmental Agreements (MEAs) : Policies, Training Mechanisms and Resource Requirements. 2 March 2011 Presenter via Skype Bernard E Black Senior Project Officer – Customs & Trade Policy

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2 March 2011 Presenter via Skype Bernard E Black Senior Project Officer – Customs & Trade Policy

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  1. CARICOM Role is assisting Member States for the trade control in commodities controlled under Multilateral Environmental Agreements (MEAs) : Policies, Training Mechanisms and Resource Requirements 2 March 2011 Presenter via Skype Bernard E Black Senior Project Officer – Customs & Trade Policy CARICOM Secretariat

  2. Issues of the Regional environmentElements of the CSME – (i) Free movement of goods and services(ii) Right of Establishment(iii) Common External Tariff(iv) Free circulation(v) Free Movement of Capital(vi) Common trade policy(vii) Free movement of labour

  3. Issues of the Regional environment (con’t) EPA – implies reciprocal market access from 27 EU countries. Investment is expected to increase and could extend to areas of chemicals processing given our lesser developed legal structures to handle such industries; Thrust towards improved trade facilitation –as recommended by the Regional Preparatory Task Force Study on Customs and Trade Facilitationdone in November 2008. Customs Committeeof COTED later agreed on some priority areas namely:

  4. Issues of the Regional environment (con’t) Category 1 • Programme 17 - Need for EPA Awareness Seminars • Programme 19 - Provision of Advance Binding Rulings • Programme 1 - Implementation of CARIFORUM SAD Category 2 • Programmes 9.1/9.2 - SAFE Framework incl. provision of non-intrusive detectors • Programmes 2/5 - Introduction of Risk Management; and Use of post audit controls • Programmes 11/12 - Electronic information exchange; and Establishment of “single window”

  5. Issues of the Regional environment (con’t) Category 3 • Programme 14 - Provision for formal appeals • Programme 13 - Use of Web technology in publication of laws etc. • Programme 18 - Review and updating of Customs legislation

  6. Issues of the Regional environment (con’t) Harmonization of Laws e.g. Co-operation in Customs Administration - Art 95 of the Revised Treaty of Chaguaramas Existing Bi-lateral Agreements – Costae Rico, Colombia, Cuba and the DR WTO Membership – agreements generally call for fair and equal treatment of goods exported from WTO Members

  7. No Policies have been developed by CARICOM – Instead we provide support to: • The process of negotiating trade agreements • The Sustainable Development Unit is spearheading a 4 year Project that provides Support for Member States’ implementation of their obligations under MEAs. This EU funded project comes to an end in 2 years time. • All MS are targeted and the next training exercise is slated for end of March 2011.

  8. Outlook on the way forward… The CARICOM Secretariat proposes the idea of using a Memorandum of Understanding (MOU) given the issues of the regional environment as it relates to trade and the CSME. An MOU would present the following benefits:

  9. Outlook on the way forward (con’t) An MOU in the first instance can commit to improved enforcement (on the part of Customs), increased voluntary compliance (on the part of traders), and the providing of capacity development support of Customs enforcement staff (on the part of UNEP and the GCI HQ).

  10. Outlook on the way forward (con’t) • Encourages co-operation amongst parties where laws and procedures have not yet been finalizad. Its the simplest way to establish a formal written agreement. • Drafting an MOU does not require complex legal processing, unlike the CARICOM Model legislation process.

  11. Outlook on the way forward (con’t) • Negotiating an MOU is usually less time consuming than getting a commitment from parties. • MOU can be used as the lead document to direct action on capacity building, communications strategy, support and safety activities for the GCI.

  12. Outlook on the way forward (con’t) • MOU can be as detailed or as general as needed. • Roles and responsibilities of all parties can be clearly assigned • MOU can be easlily be translated into other languages

  13. Outlook on the way forward (con’t) • MOU can be as binding or as flexible as the parties want it to be; • MOU can evolve over time into a draft legal instrument

  14. Thank you Any questions or comments?

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