Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Comments Time frame In Barbuda, lease arrangement only. Only Barbudans allowed to lease land. Will hold further consultations and advise at next meeting. Antigua and Barbuda Alien Land Holding All services Neither land nor a mortgage on land in Antigua and Barbuda shall be held by an unlicensed non-citizen. Companies incorporated in Antigua and Barbuda holding or intending to acquire more than five acres of land in Antigua and Barbuda may restrict or prohibit the issue or transfer of its shares or debentures to non-citizens or restrict or prohibit the holding by non-citizens of share warrants and of debentures transferable by delivery or refuse to register a non-citizen as a member or as the holder of a debenture. The Governor - General may grant licences either subject to conditions or not, for a non-citizen to be a director of a company, to vote at meetings of a company, to hold shares or debentures, or to be a member of a company having no share capital. There is also a restriction on the creation of trusts in favour of non-citizens with respect to the foregoing. Where it appears to the Minister that a non-citizen land owner is not fulfilling his/her responsibility under the Act to develop such land, the Minister may by order declare such land to be undeveloped and taxed accordingly. X L Short term for OECS nationals up to 1/2 half acre for residential. Adequate amount for commercial purposes. Long Term rest of Caricom (31-122005) Antigua and Barbuda Company Registration All services S. 340 (1) No external company shall begin or carry on business in Antigua and Barbuda until it is registered under the Act. S. 342 (1) In the prescribed circumstances, the Registrar may restrict the powers or activities that an external company can exercise or carry on in Antigua and Barbuda. S. 357 An external company that is not registered under this Act may not maintain any action, suit or other proceeding in any court in Antigua and Barbuda in respect of any contract made in whole or in part within Antigua and Barbuda in the course of, or in connection with the carrying on of any business by the company in Antigua and Barbuda. X L Long term (up to 31-12-2005). (53 Construction/ 61 Wholesale Trade Services/ 62 Retail Trade Services / 631 Lodging Services; Food and Beverage Serving Services (Hotel under 50 Rooms)/ 64 Land Transport Services/ 678 (Travel Agency, Tour Operator, annd Tourist Guide Services). Medium Term(up to 31-12-2004) 9312 (Medical and Dental)/ 93123 (Dentists)/ 93191 (Nursing) All Services Embarkation Tax Act, Cap 146: Each traveller who holds an Antigua and Barbuda passport or other valid Antigua and barbuda travel document pays EC$25.00. Each traveller who holds a Caricom Passport pays EC$35.00. X X L Short Term (up to National Treatment will apply. 31-12-2003) X L Medium Term (up National Treatment will apply. to 31-12-2004) X L Short Term for OECS nationals. Long term for rest of Caricom(up to 31-12-2005) Medium term (up New draft legislation being drafted and to 31-12-2004) enacted. Legislation will be WTO compatible. Antigua and Barbuda Embarkation Tax Antigua and Barbuda Loans to Non- All Services Citizens Antigua and Barbuda Work Permit All services Requirement Stamp Act, Cap 410 requires that any bank or financial institution which provides loans to non-citizens is liable to a payment of a stamp duty of 3% of the total amount of the loan. S.F4. Persons who are not citizens of Antigua and Barbuda shall not engage in employment or self-employment in Antigua and Barbuda unless he has obtained a work permit issued by or on behalf of the Minister. Antigua and Barbuda 512 All services using patents, trademarks, copyrights, and other non-financial intangible assets (such as techniques, devices and industrial designs) S.3 (2) Non citizens must obtain a license from the Minister prior to operating a business using his/her own mark, product , service, technique, device, copyright, industrial design or invention. Antigua and Barbuda 512 All services utilizing patents and trademarks Where the applicant for registration of a patent or a trade mark resides outside Antigua and Barbuda, he/she must provide an address for service within Antigua and Barbuda. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X X X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional L L N/A New draft legislation will contain no restrictions for CARICOM Member States. Antigua and Barbuda Page 1 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Comments Time frame Antigua and Barbuda 66110 Air Transport services S.7 (4) The Minister, may, in his/her discretion, refuse to grant an air service license to any person who is neither a (a) citizen of Antigua and Barbuda; or (b) a body incorporated in Antigua and Barbuda, being a body which in the opinion of the Minister is substantially controlled by persons who are citizens of Antigua and Barbuda. X X L Antigua and Barbuda 68111 Postal services X X L N/A Legal monopoly Antigua and Barbuda 69110 X X L N/A Legal monopoly Antigua and Barbuda 713 Electricity generation, S.5 The Authority shall have the exclusive right to transmission and generate, distribute, supply and sell electricity within distribution Antigua and Barbuda and to perform services incidental thereto. Insurance S 5 (1) No person shall carry on in insurance business in Antigua and Barbuda unless he/she is registered as an insurer in the class of insurance business carried on by him/her or is a member of an association of underwriters registered as an insurer in the class of insurance business carried on by him/her. S.14 (c) An applicant who is a body corporate with a share capital shall not be registered as an insurer unless the applicant (i) Is lawfully constituted in accordance with the laws of the country in which the head office of the applicant is situated; and (ii) Is registered in Antigua and Barbuda as a company under the Companies Act. S.17 A registered insurer shall maintain a principal office in Antigua and Barbuda and shall appoint a principal officer in Antigua and Barbuda. (A principal office may be a branch office or the office of an agent of the insurer) X X L N/A Registration fees: Short term. Antigua and Barbuda 713 Insurance S.8 (1) Insurance brokers must be resident in Antigua and Barbuda. (See also S.14 (1). Non-resident brokers pay higher licensing fees X X L Medium term (up to 31-12-2004) Antigua and Barbuda 821 Legal services Qualified citizens of Antigua and Barbuda are admitted to practise law. Non-citizens belonging to the countries listed in the Second Schedule of the Act are admitted on the basis of reciprocity. The Schedule excludes Suriname. In addition, interview with the President of the Antigua and Barbuda Bar Association revealed that OECS nationals can become honorary members of the Association. However, other CARICOM nationals will initially be asked to use a junior resident [for legal matters?] X X X L Medium term (up to 31-12-2004) Antigua and Barbuda 833 Engineering S.9 Only persons who are, inter alia, resident in Antigua and Barbuda or if a non-resident, holds a work permit may be registered as an Engineer. X X X L Medium term (up to 31-12-2004) X X X L N/A X X X L N/A Antigua and Barbuda 83530 Land Surveying Antigua and Barbuda 8622 [Electricity, gas and water distribution services (on a fee or contract basis)] Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons S.13 Within the limits and along the coasts of Antigua and Barbuda, the postal administration shall have the exclusive privilege of conveying from one place to another within Antigua and Barbuda, all letters, and the exclusive privilege of performing all the incidental services of receiving, collecting, sending, despatching and delivering all letters within Antigua and Barbuda, and all letters going to or coming from parts beyond Antigua and Barbuda except in cases stated in the Appendix. Note that the interviews revealed that engineers should be resident in Antigua and Barbuda for three months prior to qualification for registration. S.6 The Board shall not grant a license to practise land surveying to any person unless that person, inter alia, has been engaged as an assistant in land surveying in Antigua and Barbuda under the supervision of the Chief Surveyor or any surveyor for a period of six (6) months or such other period as the Board shall in any particular case, having regard to all the circumstances, determine. S.7(1) The Authority shall have the exclusive right to supply, distribute, maintain and sell water within Antigua and Barbuda. X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Short term (up to Antigua and Barbuda will be guided by 31-12-2003) the position being developed at the Regional level. Legal Monopoly (no requirement to remove) Antigua and Barbuda Page 2 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Antigua and Barbuda 93191 Nursing S.7 (2) Nurses registered in any part of the Commonwealth may be admitted to the local final examination for nurses for the sick prescribed by the Council and on successfully passing such examination, inter alia, shall be entitled to be registered. Note that nurses registered in the United Kingdom and in any part of the Commonwealth or any foreign country where there is a reciprocity agreement concerning nurses with Antigua and Barbuda shall be entitled to be registered. Antigua and Barbuda 9321 Veterinary services S.15 (1) (d) The Registrar shall remove from the register or the roll the name of any person who has ceased to practise as a veterinary surgeon or an animal health assistant in Antigua and Barbuda or who has been absent from Antigua and Barbuda for two or more years. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons Mode1 Mode2 Mode3 Mode4 X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X Legal Type* Comments Time frame X L Medium term (up to 31-12-2004) X L N/A Antigua and Barbuda Page 3 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Barbados Company Registration All services Barbados Company Registration All services Barbados Company Registration All services Barbados Company Registration All services Barbados Company Registration All services Barbados Exchange Controls All services Barbados Work Permit All services Requirement Barbados 512 Barbados 51220 Barbados 54 All services utitlising industrial designs, patents and trademarks. Summary Description of Measure S.198 (1) A public company may by special resolution amend its articles in accordance with the regulations to constrain the issue or transfer of its shares to persons who are not resident Barbadians. S. 326 (1) No external company shall begin or carry on any undertaking in Barbados until it is registered under the Companies Act. Mode1 Mode2 Mode3 Mode4 X X Legal Type* L Comments Time frame Long term (up to To examine at the regional level. 31-12-2005) N/A S. 327 (2) An application for registration under this Act by an external company may be referred by the Registrar to the Minister, who may order the Registrar to refuse registration. S. 328 (1) In the prescribed circumstances, the Registrar may restrict the powers or activities that an external company can exercise or carry on in Barbados. N/A S. 344 (1) An external company that is not registered under this Act may not maintain any action, suit or other proceeding in any court in Barbados in respect of any contract made in whole or in part within Barbados in the course of, or in connection with the carrying on of any undertaking by the company in Barbados. S.3 No person may make payments to or for the credit of any person resident outside Barbados, or make any payment to a person resident in Barbados by order or on behalf of a person resident outside Barbados except with the permission of the Authority. S. 9 (1) No person resident in Barbados shall make any payment outside the Island to or for the credit of a person resident outside Barbados except with the permission of the Authority. S. 10 (1) No person shall make any payment to a person resident in Barbados and no resident of Barbados shall do any act which involves the making of any payment outside Barbados as consideration for or in connection with the receipt (outside of Barbados) of money due to a resident for the sale of property or the performance of services in Barbados, or in connection with the acquisition of property located outside of Barbados by a resident of Barbados except with the permission of the Authority. S. 11 (1) No person shall issue any security to any person who is resident outside of Barbados. N/A S.3 No person may enter Barbados as an immigrant, or being present in Barbados, remain therein as an immigrant. Subject to the Immigration (Amendment) Act, 1996, 6/1996, no person other than a citizen, permanent resident or immigrant may, in Barbados, engage in any occupation or accept employment without having first obtained a written permit for the purpose granted by the Minister. The amendment to s. 17(1) provides that persons who do not hold university degrees or diplomas or who do not have accreditation from the relevant professional body are required to obtain work permits Where the applicant for registration of an industrial design, a patent or a trade mark resides outside Barbados, he/she must provide an address for service within Barbados or in the case of a patent applicant, appoint an agent admitted to practice as a patent agent in Barbados. All services using patents, trademarks, copyrights, and other non-financial intangible assets (such as techniques, devices and industrial designs) S.1 (A) Non nationals must obtain a licence from the Minister prior to operating a business using his/her own mark, product , service, technique, device, copyright, industrial design or invention. CONSTRUCTION SERVICES An approved small business is provided with tax and other incentives N/A X X X X L N/A To examine at the regional level. L N/A Regulatory Long term (up to For persons entitled to move and 31-12-2005) work under Chapter 3 of the Revised Treaty and the relevant decisions of the Conference as agreed to date. X X X X X X L N/A Regulatory L N/A Regulatory. To examine at the regional level. Short term (up to 31-12-2003) S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Barbados Page 4 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Barbados UNCPC Code/Measure 61 Barbados 62 Barbados 63 Barbados 632 Barbados 64221 Barbados 651 Barbados 672 Barbados 678 Services Affected WHOLESALE TRADE An approved small business is provided with tax and other SERVICES incentives RETAIL TRADE SERVICES S.86 The Minister may make regulations which include conditions as to nationality in relation to prescribing standards of competency to be attained and other conditions to be satisfied, subject to any exceptions allowed by or under the regulations, by officers and other seamen of any description in order to be qualified for the purposes of this section. Storage and An approved small business is provided with tax and other warehousing services incentives Mode1 Mode2 Mode3 Mode4 Travel agency, tour operator and tourist guide services Travel Agents Barbados 67812 Tour Operators Barbados 68111 Postal services Barbados 69210 Water services Barbados 71 FINANCIAL INTERMEDIATION, INSURANCE AND AUXILIARY SERVICES Banking Services S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. An approved small business is provided with tax and other incentives S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. S.4(1) No person may carry on banking business in Barbados without a licence. S.8 A licence may be issued to a foreign bank only if the bank designates and notifies the Minister of (a) Its principal office in Barbados; (b) the name of one of its officers who is its authorised agent in Barbados; and (c) in the absence or inability to act of the person referred to in paragraph (b), the name of another officer who may act as the authorised agent of the bank. Comments Time frame X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X A Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X L Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X L X X L X X L N/A Monopoly L N/A Monopoly S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. S.5 Only citizens, permanent residents and immigrants are allowed to operate as travel agents. S.3 (2) Tour operators, not resident in Barbados shall only offer facilitation or other services in Barbados through a travel agent licensed under the Travel Services Act. S.4 The Postmaster-General by himself or by any other officer of the Post Office shall have the exclusive privilege of – (a) conveying from one place to another within Barbados all letters; and (b) performing all the incidental services of receiving, collecting, sending, dispatching(i) all letters within Barbados, and (ii) all letters going to or coming from places outside Barbados. S.5 The functions of the Authority include the following: to control and regulate the production treatment, storage, transmission, distribution and use of water for public purposes. to design, construct, acquire, provide, operate and maintain waterworks for the purposes of supplying water for public purposes. An approved small business is provided with tax and other incentives Legal Type* X Shipping services 67811 711 S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. An approved small business is provided with tax and other incentives S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. LODGING; FOOD An approved small business is provided with tax and other AND BEVERAGE incentives SERVING SERVICES S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. Restaurant services Small scale tourism related activities such as restaurants are usually reserved for Barbadian nationals therefore work permits may not be granted. Land Transport Car rental service - This is reserved for nationals. Services Taxi service – This is reserved for nationals Minibus/Ominibus service – This is reserved for nationals. Barbados Barbados Summary Description of Measure X X X X X X Short term (up to 31-12-2003) N/A Regulatory Short term (up to 31-12-2003) L N/A Regulatory Financial Institutions Act. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Barbados Page 5 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Comments Legal Type* Time frame Barbados 711 Banking Services S.6 No licence may be issued under this Act to any person other than an eligible company or qualified foreign bank. Offshore Banking Act. X L N/A Regulatory Barbados 711 Banking Services S.7 A body corporate is an eligible company if, inter alia, it is incorporated under Part I of the Companies and at least one of its directors is a resident citizen of Barbados. Offshore Banking Act. X L Short term (up to 31-12-2003) Barbados 711 Banking Services X L Short term (up to 31-12-2003) Barbados 711 Banking Services S.22(1) A licence may be issued under this Act to a company that is controlled by persons who are not residents of Barbados when (a) The authorised capital of the company is at least $2,000,000; and (b) capital to an amount of not less than $1,000,000 has been subscribed and paid-up in cash. Offshore Banking Act. S.22 (2) A licence may be issued under this Act to a company that is controlled by residents of Barbados when (a) The authorised capital of the company is at least $500,000; and (b) capital to an amount of not less than $250,000 has been subscribed and paid-up in cash. X L Short term (up to 31-12-2003) Offshore Banking Act. Barbados 713 Insurance S. 72 (c) (i) An association of underwriters constituted outside of Barbados must be in existence for at least five (5) years prior to registering under the Insurance Act to enable it to carry on its insurance business in Barbados (other than long term insurance business). X X X L N/A Regulatory Barbados 713 Insurance X X X L N/A Regulatory Barbados 713 Insurance X X X L N/A Regulatory Barbados 713 Insurance X X X L N/A Regulatory Barbados 713 Insurance S.72 (c) (ii) An association of underwriters constituted outside of Barbados must furnish the Supervisor of Insurance with the names and addresses of one or more persons resident in Barbados authorised to accept on behalf of its members, service of process on its behalf in any legal proceedings. S. 74 provides for specific forms of documentation which must be supplied by an association constituted outside of Barbados. (The Supervisor of Insurance indicated that the same information must be submitted by a local association). S.79 An association of underwriters which is constituted outside Barbados may not be registered to carry on and may not carry on any class of insurance business unless it has deposited with the Supervisor of Insurance an amount equal to one million dollars. S 8 (1) (d) A foreign company shall not engage in the insurance business unless it has filed with the Supervisor of Insurance the names and addresses of one or more persons resident in Barbados and authorised to accept service of process on its behalf in any legal proceedings. X X X L N/A Regulatory Barbados 71331 L N/A Regulatory Barbados 72 Motor vehicle insurance REAL ESTATE SERVICES Barbados 821 Legal services Barbados 82211 Financial Auditing Services Barbados 8321 Architecture Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons SS.2, 37 & 38 Motor vehicles must be insured with a company registered to offer motor vehicle insurance in Barbados. An approved small business is provided with tax and other incentives S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. Qualified citizens of Barbados are admitted to practise law. Non-citizens belonging to the countries listed in the First Schedule of the Act are admitted on the basis of reciprocity. The Schedule excludes Suriname. R.2 Only citizens or persons ordinarily resident in Barbados may provide financial auditing services. X X X X X X The Barbados Institute of Architects recommends that an Architect not registered in Barbados and who does not operate within Barbados should collaborate with a local entity that understands local practices in the field of Architecture especially if construction related services are being provided. *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X X X Short term (up to 31-12-2003) X X L Long term (up to To examine at the regional level. 31-12-2005) X X L Short term (up to 31-12-2003) X A Short term (up to 31-12-2003) Barbados Page 6 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Barbados 83530 Barbados 841 Telecommunications Barbados 841 Telecommunications services An approved small business is provided with tax and other incentives Agricultural and gardening services S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. An approved small business is provided with tax and other incentives Animal husbandry services S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. An approved small business is provided with tax and other incentives Forestry and logging services S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. An approved small business is provided with tax and other incentives Barbados Barbados Barbados Barbados Barbados Barbados Barbados 8611 8612 8614 8615 8714 872 931 Land Surveying Summary Description of Measure Fishing services Maintenance and repair of transport machinery and equipment Human health services Barbados 941 Sewage services Barbados 943 S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. An approved small business is provided with tax and other incentives S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. An approved small business is provided with tax and other incentives Sewerage services 942 S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. An approved small business is provided with tax and other incentives Repair services of other goods 941 Barbados Land Surveyors who are not Barbadians must serve for six months at the Land and Surveys Department prior to obtaining a licence to practise as a land surveyor. (This appears to be an administrative requirement.) See also rule 3 (1) (b) (1985 rules) See also rule 3 (1993 rules) S.3(1) The Crown reserves the exclusive right to provide telecommunication for public correspondence in Barbados. S.3(2) Without affecting the generality of the above, the Minister may grant a licence to any person to construct, maintain and operate telecommunication facilities in the circumstances outlined in the Appendix. . S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. An approved small business is provided with tax and other incentives Barbados Refuse disposal services Mode1 Mode2 Mode3 Mode4 S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. An approved small business is provided with tax and other incentives S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. Sanitation and similar An approved small business is provided with tax and other services incentives Time frame X X L/SL N/A Regulatory X X L N/A Monopoly X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. S.5 The functions of the Authority include the following: to design, construct, acquire, provide, operate and maintain sewerage works for the purpose of receiving, treating and disposing of sewerage. to control and regulate the disposal sewerage through sewerage plants that are part of the Authority’s systems An approved small business is provided with tax and other incentives Comments Legal Type* L N/A Monopoly X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) X X X X Short term (up to 31-12-2003) S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Barbados Page 7 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Barbados UNCPC Code/Measure 96 Barbados 96590 Barbados 972 Services Affected RECREATIONAL, CULTURAL AND SPORTING SERVICES Summary Description of Measure An approved small business is provided with tax and other incentives Water sports S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. S.32 Only citizens, permanent residents and immigrants are allowed to use a speedboat for water sports activity for hire or reward. Beauty and physical well-being services An approved small business is provided with tax and other incentives Mode1 Mode2 Mode3 Mode4 X X X X X X X X X X Legal Type* Comments Time frame Short term (up to 31-12-2003) L/SL Short term (up to 31-12-2003) Short term (up to 31-12-2003) S. 3(1)(b) provides that a small business is an enterprise that has 75% of its shares locally owned. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Barbados Page 8 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Belize Belize Belize Belize UNCPC Code/Measure Business Licence Requirement Company Registration Services Affected All services Act requires business licences for various service providers. All services Sections 250 and 251 prescribe the requirements for the registration of overseas companies. Must provide address in Belize. Act and Regulations prescribe the permissions to be sought for foreign exchange transactions. Immigration regulations prescribe the procedure for applications for work permits. Exemption is provided for in the CARICOM Skills Act. Exchange All services Controls Work Permit All services Requirement Belize 52 - Land Services Belize Summary Description of Measure Mode1 Mode2 Mode3 Mode4 X [X] X [X] [X] [X] Comments Legal Type* Time frame L N/A L Short to long term (up to 31-12-2005) L N/A L All services National Lands Act prescribes that Minister has discretion to grant a licence for transfer of land to an Alien. (Ministerial discretion to grant license to aliens to own land ) X 6421 Scheduled road transport services of passengers Road Transport and Motor Vehicles Act and Regulations prescribe licensing requirement for scheduled journeys and Permits for non-scheduled journeys. X X L Belize 6422 Non-scheduled road transport services of passengers Road Transport and Motor Vehicles Act and Regulations prescribe licensing requirement for scheduled journeys and Permits for non-scheduled journeys. X X L Long term (up to 31-12-2005) Belize 64235 X L Long term (up to 31-12-2005) 64240 X X L Long term (up to 31-12-2005) Belize 64250 X X L Long term (up to 31-12-2005) Belize 661 The Act and Regulations prescribe the criteria for licensing motor vehicles and granting driver's permits. (Registration and licensing requirements,Work permits and visas are required for Non-Belizeans) The Act and Regulations prescribe the criteria for licensing motor vehicles and granting driver's permits. (Registration and licensing requirements,Work permits and visas are required for Non-Belizeans) Rental services of The Act and Regulations prescribe the criteria for licensing trucks with operator motor vehicles and granting driver's permits. (Registration and licensing requirements,Work permits and visas are required for Non-Belizeans) Air transport services Regulations prescribe for the licensing of scheduled of passengers journeys and for permits for journeys other that scheduled journeys. (Licensing or registration requirements; Work permits or visas required by non-Belizeans) X Belize Moving services of household and office furniture and other goods Miscellaneous local delivery services L Medium term (up to 31-12-2004) Belize 662 Air transport services Regulations prescribe for the licensing of scheduled of freight journeys and for permits for journeys other that scheduled journeys. (Licensing or registration requirements; Work permits or visas required by non-Belizeans) X L Long term (up to 31-12-2005) Belize 664 Rental services of aircraft with operator X L Short term (up to 31-12-2003) Belize 67610 X SL Long term (up to 31-12-2005) Belize 6762 X X SL Long term (up to 31-12-2005) Belize 68111 X X L N/A Belize 7110 X X L N/A Belize 71311 X X L N/A Belize 71559 X X L Short term (up to 31-12-2003) Regulations prescribe for the licensing of scheduled journeys and for permits for journeys other that scheduled journeys. (Licensing or registration requirements; Work permits or visas required by non-Belizeans) X Port and waterway Regulations 3 , 4 and 8 prescribe the criteria for registration operation services and certification of masters of vessels. (Certification (excl. cargo handling) requirements and Work Permits or visas required for nonBelizeans) Pilotage and berthing Regulations 3, 4 and 8 provide for the licensing of pilots. services (Certification and licensing requirements, Restricted to Belizeans only) Postal services Section 6 of the Act grants the exclusive right to the related to letters Postmaster General to convey postal communication. (Monopoly given to Postmaster General) Act prescribes the capital requirements for local and other Financial banks to be licensed. (Exchange Controls, Registration intermediation and licensing requirements minimum capital services, except investment banking, requirements,Work permits/visas required for NonBelizeans ) insurance services and pension services Life insurance and Act provides for the registration of agents, associations of individual pension underwriters, insurance companies and for other matters. services (Licensing or registration, Work permits or visas required for non-Belizeans) Other services Act prescribes the criteria for the grant of an Auctioneers auxiliary to financial license to be granted. (Licensing registration intermediation n.e.c. requirements, Work permits/visas required by nonBelizeans ) Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons L Long term (up to Issue should not arise since the Free 31-12-2005) movement of Skills Act was passed. (Provisions not made for University of Belize. Need to be added to Protocol II) Long term (up to Act does not apply to Commonwealth 31-12-2005) Citizens, hence it will not be amended. Suriname to be granted treatment similar to Commonwealth citizens by amendment to the Immigration Act, to remove Citizens of Suriname from classification as "aliens". Long term (up to 31-12-2005) *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X X Belize Page 9 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Belize 8211 Belize 8221 Belize 83530 Belize 841 Belize Services Affected Legal advisory and representation services in the different fields of law Accounting and financial auditing services Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Comments Time frame Act prescribes criteria for registration of Attorneys at Law in Belize. ( Legal education certification, Good character certification, Work permits required for non-Belizeans ) X X L Long term (up to Professionals do not require work 31-12-2005) permits under Skills Act. Act prescribes the criteria for registration of a Chartered Accountant. (Licensing & certification requirements, Work permits/visas required for nonBelizeans) Act prescribes the criteria for registration of Land Surveyors. (Registration and licensing requirements must be met ,Work permits/visas required by non-Belizeans) X X L Long term (up to Professionals do not require work 31-12-2005) permits under Skills Act. X X L Long term (up to 31-12-2005) Telecommunications (Monopoly position Up to 2002, Exclusive license expires in 2002 Discriminating business tax of 19%,Work permits/visas are normal requirements for non-Belizeans) X X L Medium to long term (up to 31-122005). 8413 Satellite (Monopoly position Up to 2002, Exclusive license expires in 2002 Discriminating business tax of 19%,Work permits/visas are normal requirements for non-Belizeans) X X L Long term (up to 31-12-2005) Belize 86150 Fishing services Fisheries licences are not granted to non-Belizeans. (Registration and licensing requirements, Only Belizean nationals can engage in Marine Fishing services) X X A Medium to long term (up to 31-122005) Belize 91134 X L/SL Long term (up to 31-12-2005) 9312 X X L Medium to long term (up to 31-122005) Belize 93122 Specialized medical services The Act and Regulations prescribe the criteria for licensing motor vehicles and granting driver's permits. (Registration and licensing requirements,Work permits and visas are required for Non-Belizeans) Act prescribes the criteria for registration of medical professionals. (Certification Registration and Residency for minimum period, Work permits/visas are normal requirements for non-Belizeans ) Act prescribes the criteria for registration of opticians. (Registration and licensing required by Medical Council/Ministry of Health ,Work permits/visas required by non-Belizeans ) X Belize Administrative transport and communications related services Medical and dental services X X L Belize 93191 Deliveries and related Act prescribes criteria for registration of nurses and services, nursing midwives in Belize.(Registration and licensing required, services, Work permits/visas required for non-Belizeans.) physiotherapeutic and para-medical services X X L Medium to long term (up to 31-122005) Registration fees: Short term (up to 31-12-2003) Medium term (up to 31-12-2004) Belize 93193 Act prescribes criteria for registration of nursing homes. (Registration and licensing required, Work permits/visas required for non-Belizeans.) X X L Short term (up to 31-12-2003) Belize 93199 Residential health facilities services other than hospital services Other human health services n.e.c. Act prescribes conditions for registration and licensing of Chemists and Druggists. (Registration and licensing required, Work permits/visas required for non-Belizeans.) X X L Short term (up to 31-12-2003) Belize 93210 X X L Medium term (up to 31-12-2004) Belize 9331 X X L Short term (up to 31-12-2003) Belize 96141 X X L Short term (up to 31-12-2003) Belize 96160 Veterinary services for Sections 15, 16, 19, 21 and 22 prescribe the criteria for pet animals licensing and registration of Veterinary Surgeons and Anima Health Assistants. (Certification and registration requirements, Requirement of fit and proper person , Work Permits or Visas required for non-Belizeans) Social services with Act prescribes the criteria and conditions for registration of accommodation Social Service Agencies in Belize. (Registration requirements must be satisfied,Work permits/visas are required for Non-Belizeans ) Motion picture, video Act prescribes that for the grant of a licence for tape and television cinematograph production. (Registration and licensing programme required ,Work permits/visas required for Non-Belizeans ) distribution services Broadcasting The Act and various regulations prescribe the criteria for services licensing radio and television stations; radio equipment on Telegraph services board ships and apparatus for wireless telegraphy. (Licensing requirements, Work permits or visas required for non-Belizeans) Land surveying Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Medium to long term (up to 31-122005) Belize Page 10 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Dominica Alien Land Holding All services Dominica Company Registration All services Dominica Company Registration All services Dominica Company Registration All services Dominica Exchange Controls All services Dominica Financial Loan All services Services Dominica Work Permit All services Requirement Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Comments Time frame X L Long term (up to 31-12-2005) X L N/A To examine at regional level S. 342 (2) In the prescribed circumstances, the Registrar may restrict the powers or activities that an external company can exercise or carry on in Dominica. X L N/A To examine at regional level S. 357 (1) An external company that is not registered under this Act may not maintain any action, suit or other proceeding in any court in Dominica in respect of any contract made in whole or in part within Dominica in the course of, or in connection with the carrying on of any business by the company in Dominica. Act prescribes prohibition of trading in foreign currency and foreign currency transactions in excess of EC$250,000 without permission The Ministry of Finance must approve a loan to a noncitizen even if the individual is living in Dominica. To date however no applications have been turned down S.9(1) The Minister or by his discretion any immigration officer may grant a permit for a prohibited immigrant to enter and remain in the State subject to such conditions as to duration and place of residence, occupation, or any other matter or thing, whether similar to those before enumerated or not, as the Minister may think expedient. All non-citizens must obtain a work permit if they are to get involved in gainful employment in Dominica. All vacancies must be advertised in the local press before they can be offered to a foreigner. X L N/A To examine at regional level L N/A Regulatory L Short to Medium term (up to 31-122004) CARICOM Skills Act: Short term (up to 31-122003); Other areas: Short to long term (up to 3112-2005) Land in Dominica shall not be held by an unlicensed alien who is defined in the Act as an individual who is not a citizen of one of the OECS Member States. Companies incorporated in Dominica holding or intending to acquire any land in Dominica may restrict or prohibit the issue or transfer of its shares or debentures to aliens or restrict or prohibit the holding by aliens of share warrants and of debentures transferable by delivery or refuse to register an alien as a member or as the holder of a debenture. The Minister may refuse to grant a licence or may issue a licence subject to such terms and conditions, as he may consider necessary. There is also a restriction on the creation of trusts in favour of aliens with respect to the foregoing. S. 340 (1) No external company shall begin or carry on business in Dominica until it is registered under the Act. Dominica 512 All services utilizing patents and trademarks Where the applicant for registration of a patent or a trademark resides outside Dominica, he/she must provide an address for service within Dominica. (Section 4 of the Patents Act and Section 5 of the Trade Marks Act) Dominica 531 Contractors Dominica 5326 Mining services Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. S.12 No mineral right – (a) shall be granted to an individual unless he is a citizen of Dominica; (b) being a reconnaissance licence or an exclusive prospecting licence, shall be granted to a body corporate, unless the body corporate is a company or corporation incorporated in Dominica; or (c) being a mining licence, shall be granted to a body corporate unless the body corporate is a company or corporation incorporated in Dominica. X X X L L N/A X X L Short term (up to 31-12-2003) X X L Long term (up to 31-12-2005) X X L N/A Regulatory S.70 (1) The Inspector shall not issue a non-exclusive prospecting licence (a) to an individual unless he is a citizen of Dominica; (b) to a company unless it is a company whose entire share capital is beneficially owned by citizens of Dominica or by a corporation. S.70 (5)The Inspector may grant a non-citizen a nonexclusive prospecting licence if that person was ordinarily resident in Dominica during the period of seven (7) years immediately preceding the date of his/her application. Dominica 61 WHOLESALE TRADE DEXIA shall be the sole importer of any essential SERVICES commodity as listed in Schedule I of the Act. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Monopoly Dominica Page 11 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Dominica 61 WHOLESALE TRADE The Dominica Banana Marketing Corporation (DBMC) SERVICES shall be the sole exporter of Bananas outside the Caribbean area… s.13(1) Dominica Banana Marketing Corporation Act, Chap 58:02 Hotel, Guesthouse To qualify for duty free concessions, non-citizens must Keeper (less than six invest in hotels with ten or more rooms whereas a local bedrooms) investor must invest in hotels with at least five rooms in order to qualify for the concessions. Land Transport S.33 No driver’s permit shall be issued or endorsed as Services valid for a public service, motor omnibus vehicle or goods vehicle unless the applicant has driven a vehicle other than a motorcycle regularly in Dominica during the preceding twelve months. Air Transport services S.7 (5) The Minister, may, in his/her discretion, refuse to grant an air service licence to any person who is neither a (a) citizen of the Commonwealth of Dominica; or (b) a body incorporated in the Commonwealth of Dominica, being a body, which in the opinion of the Minister is substantially controlled by persons who are citizens of the Commonwealth of Dominica. Dominica 631 Dominica 642 Dominica 66110 Dominica 6769 Shipping Agent Dominica 6781 Travel Agent Dominica 68111 Postal services Dominica 69110 Electricity generation, S.3 The Dominica Electricity Services Limited shall have transmission and the exclusive licence to generate, transmit, distribute, and distribution sell electricity in Dominica until December 31st, 2025. X Dominica 713 Insurance S 5 No person shall carry on any class of insurance business in Dominica unless he/she is registered as an insurer or is exempt from registration under the Act. S 7 (2) No foreign company may be registered to carry on insurance business in Dominica unless, inter alia, it has undertaken insurance business in its country of incorporation for at least two (2) years prior to the date of its application for registration in Dominica. S.12(1) A registered insurer shall maintain a principal office in Dominica and shall appoint by power of attorney a principal representative in the State. S.58 Foreign companies are required to deposit a greater amount with the Registrar of Insurance. S.67(4) The Minister may authorise the payment of any benefit or the proceeds of any claim outside of Dominica. X Dominica 713 Insurance X Dominica 713 Insurance S.19 (1) Non-resident insurance salesmen are required to pay higher fees S.25(3) An association of underwriters constituted outside of Dominica must be in existence for five (5) years, inter alia, before it can registered as an insurer in Dominica. S.26 Associations of Underwriters constituted outside of Dominica must furnish the Registrar with (i) Certified copies of returns relating to the insurance business carried on by the members of the association as well as (ii) A certificate signed by the chairman of the association and by the authority in whom is vested the administration of the insurance industry in that country, that the members of the association have complied with the provisions of the insurance law in the preceding year. Dominica 7169 Insurance Salesman Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons Comments Legal Type* Time frame X X L N/A X X L Long term (up to 31-12-2005) X X L N/A X X L Long term (up to 31-12-2005) Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. X X L Short term (up to 31-12-2003) Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. S.13 Within the limits and along the coasts of …[Dominica], the postal administration shall have the exclusive privilege of conveying from one place to another within [Dominica], all letters, and the exclusive privilege of performing all the incidental services of receiving, collecting, sending, dispatching and delivering all letters within …[Dominica], and all letters going to or coming from parts beyond …[Dominica] except in certain cases. X X L Short term (up to 31-12-2003) X X L N/A Monopoly X X L N/A Monopoly X L N/A Regulatory X X L X X L X X L X Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X Monopoly Regulatory Short term (up to 31-12-2003) N/A Regulatory Short term (up to 31-12-2003) Dominica Page 12 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Dominica 7211 Dominica 821 Dominica 821 Dominica 8221 Dominica 8321 Dominica 833 Dominica 83530 Dominica 83530 Dominica 84120 Dominica 8622 Dominica 93121 Dominica 93121 Dominica 93122 Dominica 93123 Dominica 93191 Dominica 93199 Dominica 9321 Dominica 941 Dominica 962 Dominica 96310 Services Affected Summary Description of Measure Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Attorneys(Business) Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Barristers/Solicitors Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Accountants Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Architects Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Engineers Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Land Surveying S.6 The Board shall not grant a licence to practise land surveying to any person unless that person, inter alia, provides evidence of practical survey work carried out by him/her for at least six (6) months under the supervision of the Director or a licensed surveyor approved by the Director of Surveys and Commissioner of Lands appinted under section 3. Quantity Surveyor Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Wireless Telecommunications Act No. 8 of 2000 prescribes the Telecommunication requirement for the licensing of wireless apparatus and Services dealers in wireless apparatus. Water services The Dominica Water and Sewerage Company Limited has the exclusive licence (for a period of 25 years commencing from January 18th , 1990) to provide the inhabitants of Dominica with adequate water service and any other service or facilities deemed incidental or appropriate thereto. Physician Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Surgeon Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Occulist/Optician Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Dentists Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Nursing S.7 (2) Nurses registered in any part of the Commonwealth may be admitted to the local final examination for nurses for the sick prescribed by the council and on successfully passing such examination, inter alia, shall be entitled to be registered. Note that nurses registered in the United Kingdom and in any part of the Commonwealth or any foreign country where there is a reciprocity agreement concerning nurses with Dominica shall be entitled to be registered. Chemists/Pharmacists Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Veterinary Surgeon Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. Sewerage services The Dominica Water and Sewerage Company Limited has the exclusive licence (for a period of 25 years commencing from July 1st , 1995) to provide the service of the removal of sewerage by means of the sewerage system or any part thereof, including services incidental thereto, and permitted under the Water and Sewerage Act, Chap.43:40. Mode1 Mode2 Mode3 Mode4 Real Estate Agent Exhibitions, performances, amusements (excluding sports) Professional Entertainer Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X L N/A X X L Short term (up to 31-12-2003) X X L N/A Regulatory X X L N/A Monopoly X X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X X L N/A X L Short term (up to 31-12-2003) X L Short term (up to 31-12-2003) X Non-residents who hold exhibitions or performances (exclusive of sporting activities) are required to pay additional taxes. Any non-resident who wishes to practice any of the professions listed in the Appendix is required to pay greater licence fee than a resident. *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Comments Time frame X X X Legal Type* X Regulatory Monopoly Dominica Page 13 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Dominica UNCPC Code/Measure 973 Services Affected Funeral directing services Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons Summary Description of Measure R.4(1) Only persons residing in Dominica for at least one year preceding the date of the application for a licence may be granted a funeral director’s licence. Mode1 Mode2 Mode3 Mode4 X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X X Comments Legal Type* Time frame SL N/A Regulatory Dominica Page 14 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Grenada UNCPC Code/Measure Alien Land Holding Services Affected All services Summary Description of Measure Neither land nor a mortgage on land in Grenada shall be held by an unlicensed alien. Mode1 Mode2 Mode3 Mode4 [X] Legal Type* Comments Time frame Long term (up to 31-12-2005) [X] Companies incorporated in Grenada holding or intending to acquire more than five acres of land in Grenada may restrict or prohibit the issue or transfer of its shares or debentures to aliens or restrict or prohibit the holding by aliens of share warrants and of debentures transferable by delivery or refuse to register an alien as a member or as the holder of a debenture. The Administrator may grant licences either subject to conditions or not, for an alien to be a director of a company, to vote at meetings of a company, to hold shares or debentures, or to be a member of a company having no share capital. Grenada Grenada Beach Vending Beach Vending Services Services Business Licence Requirement Miscellaneous services There is also a restriction on the creation of trusts in favour of aliens with respect to the foregoing. Act prescribes the requirements for the grant of a Beach Vending Licence [Administration of Act allows limitations to be imposed on number of licences issued; zoning is also applied] Act prescribes the requirements for licensing premises with animals, hawkers, boatmen, porters, coasting vessels, boats, slaughterers, pharmacists, commercial travelers. X X L N/A Regulatory X X L Long term (up to To remove discretionary fees. 31-12-2005) L Short term (up to 31-12-2003) L N/A Regulatory X L N/A Regulatory X L Short term (up to 31-12-2003) [Discretionary licensing, non-national treatment in respect of fees applies in some instances to non-Grenadians] Grenada Company Registration Grenada Exchange Controls Grenada Land Use Grenada Property Transfer Tax Grenada Work Permit Requirement Grenada Grenada Work Permit Requirement 61 Grenada 62126 Grenada 63110 Grenada 651 Grenada 65111 Grenada 65119 All services Act prescribes the requirements for registration of external companies [Differential registration requirements implied for external companies] Difference in fee for Nationals and nonNationals All services Act prescribes prohibition of trading in foreign currency and foreign currency transactions in excess of EC$250,000 without permission All services Section 5 of the Act requires permission to be obtained for physical development to be carried out on any land. [Discretion may be used in granting permission] All services The Act imposes property transfer tax in the sale or transfer of property. [Differentials apply to non-nationals] All services Act prescribes the removal of requirements in respect of certain CARICOM nationals [Act not being applied; still provides for differential treatment for CARICOM nationals] Act prescribes the requirements for grant of a work permit to foreign and commonwealth citizens. WHOLESALE TRADE The Act requires the licensing of exporters of fresh produce SERVICES and the approval of the packing house. [Use of discretion possible in grant of licence] Non-specialized store Act prescribes the requirements for obtaining a liquor retail trade services, licence of beverages [Discretionary grant of licence possible] X Act requires an applicant for Hotel development to obtain a licence to benefit from concessions [Only facilities 10 rooms and above can access assistance under Act] Coastal and Act prescribes the requirements for registration of ships transoceanic water and licensing of ships. transport services [Discretion possible in registration and licensing; differentiation in permission process between local and foreign shipping ] Coastal and The Act prescribes the requirements for licensing yachts transoceanic water and for the grant of a cruising permit. transport services of [Discretion possible in grant of licence; differential fees passengers by ferries payable by non-nationals] Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X L Short term (up to 31-12-2003) X X L X L Long term (up to Act amended to take into account the 31-12-2005) CARICOM Skills Act. N/A Regulatory X Hotel and motel lodging services Other coastal and transoceanic water transport services of passengers X Act Requires The Licensing Of Power-Craft [Potential For Discretionary Licensing *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X L N/A L Short to Medium term (up to 31-122004) X L Long term (up to 31-12-2005) X L Short term (up to 31-12-2003) X L N/A X X Regulatory Regulatory Grenada Page 15 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Grenada 66110 Scheduled air transport services of passengers Grenada 67220 Bulk liquid or gas storage services Grenada 67620 Grenada 67710 Grenada 68111 Grenada 69110 Grenada 711 Grenada 711 Grenada 713 Grenada 713 Grenada 71532 Grenada 82111 Grenada 82111 Grenada 83190 Grenada 83510 Grenada 83530 Grenada 84110 Grenada 84110 Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Act prescribes the requirements for licensing of aircrafts and operation of aerodromes. [Discretionary grant of licences possible; local presence requirement (citizenship or incorporation)impacts on market access and national treatment] Act prescribes the requirements for a licence to store petroleum, deal and sell petroleum. [Discretion possible in the grant of licence] Pilotage and berthing Act regulates the requirements for being employed as a services pilot. [Potential for limitation of numbers licensed (S 56); discretionary licensing possible] Airport operation Act prescribes requirements for licences and concessions services (excl. cargo in respect of the use of aerodrome handling) [Use of discretion possible in grant of licences] Postal services Act prescribes the requirements for operation of postal related to letters services [Sole provider authority restricts market access] Electricity Act grants exclusive licence to Grenada Electricity transmission and Services Limited to supply electricity. distribution services [Market access restricted] Act prescribes the requirements for licensing of Offshore Financial Banks intermediation [Local presence requirement, Offshore Banks precluded services, except investment banking, from providing local services] insurance services and pension services Act prescribes the requirements for licensing of Banks and Financial Financial Institutions intermediation [Potential for use of discretion in restricting market access services, except investment banking, exists] insurance services and pension services Act prescribes the registration of Offshore Insurance Insurance and Companies pension services [Companies registered under this Act are not allowed to (excluding reinsurance services), provide services locally given that they’re tax exempt] except compulsory social security services The Act prescribes the requirements for registration of Insurance and Insurance Companies, Associations of Underwriters and pension services Brokers, Salesmen, Agents and Sub Agents. (excluding reinsurance services), [Registration fees for non national companies higher; local presence requirement; differential applies in paid up capital except compulsory requirements; limits on proportion of investments that could social security be made outside of Grenada services Trust services Act prescribes the conditions for registration of designated persons to act as Trustees [Discretion possible in approval process] Legal advisory and Act prescribes the requirements for admission to practice representation law. services concerning criminal law [Legal advisory and [Differential tax applies to non-resident practitioners under representation Tax legislation] services concerning criminal law] Other management Act prescribes the requirements for registration of services, except management companies construction project [Discretion possible in the grant of licences] management services Geological, Act prescribes the requirements for an exploration and geophysical and other development licence. prospecting services [Discretion possible in grant of licence; local presence requirement (s. 5)] Surface surveying Act prescribes requirement for grant of a Land Surveyors services Licence [Discretion may prevail in licencing, in addition work permit also required] Radio and television Act grants exclusive rights to the Grenada programming Telecommunications Limited in respect of the supply of packages via cable. certain telecommunications services. [Monopoly rights restrict market access] Radio and television Act prescribes fees for licences to be granted to television programming service operators. If discretion inheres in competent packages via cable. authority, a restriction is inferred Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Comments Time frame X L Long term (up to 31-12-2005) X L N/A X X Legal Type* X L Regulatory Long term (up to Need to assess impact on revenue. 31-12-2005) X L N/A Regulatory X L N/A Monopoly X L N/A Monopoly X L N/A Regulatory X L N/A Regulatory X L N/A Regulatory X X L X Long term (up to Need to assess impact on revenue. 31-12-2005) N/A Regulatory X X L X X L Short term (up to 31-12-2003) X X L N/A Regulatory L N/A Regulatory L N/A Regulatory X L N/A Monopoly X L N/A Regulatory X X X To be examined at regional level Grenada Page 16 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Grenada 84120 Wireless Telecommunication Services Other support services n.e.c. Grenada 85990 Grenada 86150 Fishing services Grenada 86150 Fishing services Grenada 86311 Grenada 86360 Grenada 86921 Grenada 8714 Grenada 921 Food and beverage manufacturing services Chemical and chemical product manufacturing services Printing services and services related to printing, on a fee or contract basis Maintenance and repair of transport machinery and equipment Primary education services Grenada 92390 Grenada 9312 Grenada 93122 Grenada 93191 Grenada 93199 Grenada 93199 Grenada 932 Grenada 95200 Grenada 95999 Grenada 96151 Grenada 96160 Summary Description of Measure Mode1 Mode2 Mode3 Mode4 The Act prescribes the requirements for the licensing of wireless apparatus. [Discretion possible in licencing process] Act prescribes the requirements for registration of Auctioneers [Registration limited to sole proprietorships (S 3.2), hence market access restriction implied] Act prescribes the requirements for grant of foreign and local fishing licences. [Differential treatment in application process for nonnationals; differential licence fees and royalties applied to non-nationals] Act exempts locally registered fishing vessels for Port Dues and Navigation Aids [Differential treatment inferred] Act prescribes requirements for licensing of brewers [Discretion possible in grant of licences] X L N/A Regulatory L N/A Regulatory X SL X L Long term (up to To assess impact on revenue. 31-12-2005) Long term (up to Based on study re: National 31-12-2005) Development objectives. X L N/A Regulatory Act prescribes requirements for licensing of personnel [Discretion inheres in Minister whether or not to grant licence] X X L N/A Regulatory The Act prescribes that a newspaper must be registered and a bond provided. [Discretionary registration possible] X L N/A Regulatory Act prescribes the requirements for registration of motor vehicle repair shops and garages. [Discretionary registration possible] X L N/A Regulatory L N/A Regulatory L N/A Legal monopoly Other human health services n.e.c. Act prescribes the requirements for being registered as a pharmacists. [Potential for discretionary registration] Other human health Act prescribes requirements for licensing of personnel services n.e.c. [Discretion inheres in Minister whether or not to grant licence] Veterinary services Act prescribes the requirements for registration of medical practitioners. [Differential treatment applies to non-nationals by practice, re-registration required for non-nationals after a 2-year maximum] Services furnished by Act prescribes the requirements for registering a Trade trade unions Union. [Potential for use of discretion in registration Other services Act prescribes requirements for registration of proprietary provided by clubs and registered clubs. membership [Potential for discretionary registration] organizations n.e.c. Motion picture Act prescribes the requirements for licensing of premises projection services as a theatre or exhibitors licence. [Potential for use of discretion in granting licence exists] Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X Time frame X Act prescribes requirements for registration of teachers and private schools. [Potential use of discretion exists] University and other Act grants exclusive right to the St. George's University higher education Limited to operate a school of medicine. services [Market access restricted] Medical and dental Act prescribes the requirements for registration of medical services practitioners. [Differential treatment applies to non-nationals by practice, re-registration required for non-nationals after a 2-year maximum] Specialized medical Act prescribes the requirements for registration of services Opticians. [Administratively differential treatment is applied to non nationals – registration has to be sponsored by institution; re-registration required for non-nationals after a 2-year maximum] Deliveries and related The Act prescribes for the registration of nurses and the services, nursing enrolment of nursing assistants. services, [Discretion may be applied in limiting number of physiotherapeutic and registrations (S 5); administratively non-national nurses para-medical services have to re-register after a maximum of 2 years] Broadcasting (programming and scheduling) services X Comments Legal Type* Act prescribes fees for licences to be granted to television service operators. If discretion inheres in competent authority, a restriction is inferred *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X X X X X L Short to long term Differential treatment: short term; (up to 31-12-2005) where discretion is indicated: 5 years X X L Long term (up to 31-12-2005) X L Long term (up to Registration fees: Short term. 31-12-2005) X X L N/A Regulatory X X SL N/A Regulatory X X L Short to long term Registration: Short term. Will (up to 31-12-2005) examine discretion: Long term. X L N/A Regulatory X L N/A Regulatory L N/A Regulatory L N/A Regulatory X X X Grenada Page 17 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Grenada 96910 Grenada 96920 Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Amusement park and Act prescribes requirements for a licence for circuses and similar attraction other shows services [Discretion may be applied in licencing; differential taxes applied to non-national acts] Gambling and betting Act prescribes requirements for registration of betting services Office Licences [Differential fees based on nationality applies] Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X X X Legal Type* Comments Time frame L Long term (up to 31-12-2005) L Long term (up to 31-12-2005) Grenada Page 18 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Guyana 512 Intangible Assets Guyana 53251 Water Distribution Services Summary Description of Measure Mode1 Mode2 Mode3 Mode4 X Work Permit Legal Type* L X X L X X L X L X X L X L The Authority has the exclusive right to provide sewage services and water services in certain areas. 18(i) A licence is required for carrying on the business of boring or drilling wells. 19(1) licence (licensed plumbers) needed to construct, execute and repair, or perform work in connection with the provision of water and sewage services to any premises from water works and sewage works as the authority thinks fit. Work Permit. Comments Time frame Long term (up to 31-12-2005) Long term (up to 31-12-2005) N/A Monopoly Guyana 63300 Member's Club Guyana 64221 Taxi Services Work permit Guyana 64222 Car Rental Work permit Guyana 64310 Pipeline Services Work Permit Guyana 651 Shipping Services Work Permit X X L Guyana 66110 Air Transport/Pilot Services Work permit. X X L X L Work permit. X X Driving Instruction Nationals and Non-nationals need special permission to fly over interior areas. Work permit Long term (up to 31-12-2005) Short term (up to 31-12-2003) for work permit N/A Regulatory X X L Postal Services Work Permit X L Long term (up to 31-12-2005) Long term (up to 31-12-2005) Long term (up to 31-12-2005) N/A This sector is currently a monopoly. Since all countries will be treated equally, it was agreed that the restrictions could be removed after the 25 years period stipulated. N/A Regulatory Guyana 6629 Guyana 6640 Guyana 67590 Guyana 681 Guyana 69110 Nationals and Non-nationals need special permission to fly over interior areas. Postal and Telegraph Work permit Aircraft Rental Services Electricity Generation Work Permit X X X X X X X L X X X L N/A X L Long term (up to 31-12-2005) X L X L X L Long term (up to 31-12-2005) Long term (up to 31-12-2005) Medium term (up to 31-12-2004) Exclusive rights (licences) can be granted not exceeding 25 years; and the headquarters must be in Guyana. Guyana 71100 Banking and Other Financial Business No Financial Institution which is not incorporated in Guyana, shall be granted or shall hold a licence under this Act, unless its capital is an amount equivalent to two and one half billion dollars.(The amount required for a company which is incorporated in Guyana is $250 million) Long term (up to 31-12-2005) Long term (up to 31-12-2005) Long term (up to 31-12-2005) Long term (up to 31-12-2005) Long term (up to 31-12-2005) Short term (up to 31-12-2003) for work permit N/A Regulatory A licence is required under the Financial Institution Act and Commercial presence needs to be established. Guyana 71200 Banking and Other Financial Business No Financial Institution which is not incorporated in Guyana, shall be granted or shall hold a licence under this Act, unless its capital is an amount equivalent to two and one half billion dollars.(The amount required for a company which is incorporated in Guyana is $250 million) Regulatory A licence is required under the Financial Institution Act and Commercial presence needs to be established. Guyana 71200 Investment Banking Guyana 713 Guyana 71332 Guyana 71521 Pension and Insurance Services Marine Insurance Services Securities Services Work permit X A licence is required under the Financial Institution Act and Commercial presence needs to be established. Work permit X Work permit X Work Permit X X X X (Part IV) A broker, a dealer, a trader, an underwriter, and investment adviser, a securities intermediary or a securities company must register with the Guyana Securities Council. The applicant must be a resident of Guyana. A company must be registered in Guyana. (Part V) Issuers and securities must be registered except government entities. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Guyana Page 19 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Guyana 821 Legal Services Guyana 8221 Accounting Guyana 82211 Auditing Summary Description of Measure Work permit, except for CARICOM nationals who are graduates of universities Work permit is needed. Mode1 Mode2 Mode3 Mode4 Legal Type* X L X L Comments Time frame Long term (up to 31-12-2005) Long term (up to 31-12-2005) Long term (up to 31-12-2005) X X X X X X L 10(i)(a)(1) requires citizenship or (b)(i) residence in Guyana. Work permit is needed. X X X X L Medium term (up to 31-12-2004) Guyana citizenship or residency is needed. Work Permit X X X X L Medium term (up to 31-12-2004) Long term (up to 31-12-2005) Long term (up to 31-12-2005) An auditor appointed under sub-section (1) or (2) shall be a member in good standing, of the ICA of Guyana. Work permit is required. Guyana 823 Tax Advisory Guyana 831 Guyana 83530 Guyana 84120 Guyana 85990 Management Consulting Land Surveying Services Wireless Telecommunication Services Auctioneer Services Guyana 85990 Guyana 86210 Work permit X L Work permit is needed by foreigners. X L Work permit. X X L Long term (up to 31-12-2005) Long term (up to 31-12-2005) Long term (up to 31-12-2005) Franchising Work Permit X X L Mining Work Permit X X L X L Long term (up to 31-12-2005) X X L N/A Certification: Regulatory Long term (up to 31-12-2005) for licence restriction X X Only Guyanese nationals are allowed in the exploration phase of small and medium scale mining. Anyone can apply for a permit for mining on a large scale for a fixed period. Guyana 86419 Guyana 911 Other basic metal manufacturing services Customs brokerage The administrative practice is that foreigners should bring their own capital so that they do not have to borrow from the local market. Work permit To practise in Guyana a customs broker must be certified and licensed by the Guyanese customs authority. Only a Guyanese citizen can be given a customs licence. Guyana 92 Education Services Work Permit Guyana 92900 Private Schools Work Permit Guyana 93121 Medical Services Guyana 93122 Medical Services Work permit. Applicant must be registered to practice. Work permit X X X L X L X Applicant must be a citizen or spouse of a citizen of Guyana, or be a resident in Guyana. Guyana 93123 Dentistry Applicants must be able to communicate satisfactorily in English. Work permit X X L Short term (up to 31-12-2003) for work permit. Medium term (up to 31-12-2004) N/A Regulatory Medium term (up to 31-12-2004) Medium term (up to 31-12-2004) Medium term (up to 31-12-2004) Applicant must be a citizen or spouse of a citizen of Guyana, or be a resident in Guyana. Guyana 93191 Nursing Applicants must be able to communicate satisfactorily in English. Work Permit X L Guyana 93193 Old Age Homes Work Permit X L Guyana 93199 Pharmaceutical Services Work Permit X L Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Long term (up to 31-12-2005) Long term (up to 31-12-2005) Long term (up to 31-12-2005) Short term (up to 31-12-2003) for work permit. Medium term (up to 31-12-2004) N/A Regulatory Guyana Page 20 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Guyana UNCPC Code/Measure 941 Services Affected Water Distribution Services (Sewerage services) Guyana 9612 Film Making Guyana 96310 Guyana 96990 Music, Singing and Entertaining Night Club/discotheque operators Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Work Permit X Legal Type* X L Long term (up to 31-12-2005) N/A Monopoly X L X L X L Short term (up to 31-12-2003) Long term (up to 31-12-2005) Long term (up to 31-12-2005) The Authority has the exclusive right to provide sewerage services and water services in certain areas. 18(i) A licence is required for carrying on the business of boring or drilling wells. 19(1) licence (licensed plumbers) needed to construct, execute and repair, or perform work in connection with the provision of water and sewerage services to any premises from water works and sewage works as the authority thinks fit. Work Permit Work Permit X Work Permit. Exception is made for first class licensed hotels. *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Comments Time frame Guyana Page 21 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Jamaica Jamaica UNCPC Code/Measure Services Affected Work Permit All services Requirement 532 Civil engineering works Summary Description of Measure Act and Regulations prescribe the criteria for registration; categories of engineers; regulate the practice of engineering and prescribe the standards necessary for the practice of engineering by Jamaicans and nonJamaicans. Jamaican citizenship or ordinary residence is a condition of registration; Admin. Restrictions/Regulations; Board Exam Registration and licensing requirements; Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. Mode1 Mode2 Mode3 Mode4 X X X Legal Type* L/SL Comments Time frame Medium term (up Persons provided for in Free to 31-12-2004) Movement of Skills Act. Medium term (up to 31-12-2004) Jamaica 541 Construction work for Registration and licensing requirements for service all kinds of buildings providers; Work permit/visas required except for those including one and two- service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 dwelling, multidwelling, warehouses, industrial, commercial, entertainment, educational, health purposes, and for hotels and restaurants. X X N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. Jamaica 543 Heating, ventilation and air conditioning, water plumbing and drain laying work, gas fitting construction work, electrical work, insulation, fencing and railing, other installation work. Registration and licensing requirements for service providers.Work permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 X X N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. Jamaica 5461 Electrical Installation Services Jamaica 548 Jamaica 611 Renting services related to equipment for construction or demolition of buildings or civil engineering works. Whole sale trade services of agricultural raw materials and live animals, food products, beverages, and tobacco, household goods, hardware, textiles, clothing, footwear, pharmaceuticals, medical goods, cosmetics, miscellaneous consumer goods and other goods. Work permit/visa requirement except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. -See attachment 1 Work permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 Jamaica 621 Jamaica Jamaica X L Medium term (up to 31-12-2004) X Medium term (up to 31-12-2004) Licensing and registration requirements for pharmaceuticals, medical goods and equipment. Food handlers’ permit requirement for food products. Other goods must meet Bureau of Standards requirements. Licensing requirement for service providers. Work permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 X X N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement Retail sales of food, beverages and tobacco. Food handlers’ permit requirement. Licensing requirement for service providers. Work permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 X X 62273 Pharmacy Services Act prescribes the criteria for the registration and licensing of pharmacies and owners; Licensing and registration requirements; Work permits/visas required for those service providers covered by the Caribbean Community(Free Movement of Skilled Persons) Act, 1997 X X L N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement 62491 Gas Distribution Services Act prescribes the criteria for the issue of licences for petroleum filling stations; Licensing requirements; Work permits/visas are normal requirements for non-Jamaicans. X X L Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement Jamaica Page 22 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Jamaica 631 Jamaica 63230 Jamaica 641 Jamaica Jamaica Jamaica Services Affected Airline catering services Railway transportation of passengers and freight, and pushing or towing services. 6421 6421 Rural regular and special scheduled passenger transportation Jamaica 6422 Jamaica 651 Jamaica 6512 Mode1 Mode2 Mode3 Mode4 Licensing requirement for lodging services geared at the Lodging services of tourist market. Work permit/visas required except for those hotels, motels, service providers covered by the Caribbean Community children’s camps, (Free Movement of Skilled Persons) Act, 1997 holiday centers and holiday home services, letting services of furnished accommodation, youth hostel and mountain shelter services, camping and caravaning, site services, sleeping car services, and sleeping services in other transport media and other lodging services. Urban regular and special scheduled passenger transportation (Bus Transportation Kingston Metropolitan Area) 64212 Summary Description of Measure Formation of the Jamaica Railway Corporation; outlines powers and duties; rules governing employees, carriage of passengers and goods, responsibility of Corporation as carriers and warehousemen.The Corporation has been given a monopoly over the management, operation and construction of railways within Jamaica, subject to the discretion of the Minister. Work permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 Act prescribes conditions for grant of licences for public passenger transport services in corporate areas.Work permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 Act prescribes conditions for grant of licences for public passenger transport services in rural areas.Work permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 Scheduled transportation between an urban Regulations outline the conditions under which taxi centre and airports or services are to be provided at the international airports. stations in this urban centre or in suburban locations. Taxi services, rental services of passenger cars with operator, rental services of buses and coaches Work permit/visas required except for those service with operator, providers covered by the Caribbean Community (Free passenger transportation by man- Movement of Skilled Persons) Act, 1997 or animal-drawn vehicles, and other non-scheduled passenger transportation n.e.c Coastal and Work permit/visa required except for those service transoceanic water providers covered by the Caribbean Community (Free transport services Movement of Skilled Persons) Act, 1997. Transportation of Authority for transporting prescribed goods into and out of goods of any kind by the island by sea-going vessels.Work permit/visas required seagoing vessels. except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 Movement of prescribed goods by foreign- owned ships is subject to Ministerial approval. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X Legal Type* X Comments Time frame N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement X X L N/A Monopoly situation through contractual arrangement Monopoly Arrangement. X X L N/A Monopoly arrangement. X X L X X L X X L Long term (up to 31-12-2005) X L Long term (up to Sector to be examined by sub-group 31-12-2005) on transportation. Further consultations needed. Long term (up to Transport sub-group to examine issue 31-12-2005) and advise. Further consultations needed. X X N/A Regulatory Long term (up to 31-12-2005) for the work permit requirement N/A Monopoly arrangement. Jamaica Page 23 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Comments Time frame Jamaica 661 Air Transport Services As party to the Convention on International Civil Aviation, of passengers Jamaica grants rights for the provision of air transport services on the basis of bilateral agreements. Rights to initiate air transport services to Jamaica from other CARICOM countries on an extra-bilateral basis may be granted solely at the discretion of the Government of Jamaica subject to the provisions of Section 7 of the Act, which outlines the criteria for granting these rights. Within the CARICOM region, Trinidad and Tobago is the only CARICOM country with which Jamaica has a bilateral air transport services agreement. Licensing requirements. Except with the consent of the Minister, an air services licence shall not be granted to a person who is not a citizen of Jamaica, or to a company which is not substantially owned and Controlled by Jamaican citizens. Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X L Long term (up to Monopoly arrangement for route 31-12-2005) rights. Jamaica 6611 Scheduled Air Transport Services As party to the Convention on International Civil Aviation, Jamaica grants rights for the provision of air transport services on the basis of bilateral agreements. Rights to initiate air transport services to Jamaica from other CARICOM countries on an extra-bilateral basis may be granted solely at the discretion of the Government of Jamaica subject to the provisions of Section 7 of the Act, which outlines the criteria for granting these rights. Within the CARICOM region, Trinidad and Tobago is the only CARICOM country with which Jamaica has a bilateral air transport agreement. Licensing requirements. Work permits/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X L Long term (up to 31-12-2005) Jamaica Jamaica 6611 67620 X X X L L N/A Monopoly arrangement. Long term (up to 31-12-2005) X X L Jamaica 67710 Cabotage A pilot’s licence can only be granted to Jamaican citizens. Pilotage services including the services However, the Minister at his discretion can appoint nonJamaicans if it is in the national interest to do so. Pilotage of pilot vessels, services can only be offered through the Port Authority. whether supplied to conduct a vessel in or out of harbours or around navigational dangers. Airport management The Act establishes and outlines the functions of the and administration Airports Authority of Jamaica services Passenger air terminal services and ground services on airfields, Work permits/visas required except for those service including runway providers covered by the Caribbean Community (Free operating services, on Movement of Skilled Persons) Act, 1997 a fee or contract basis. Travel agency, Tour Act prescribes the criteria for registration of travel operations, Tourist agencies and travel agents including adequate working guide services capital and the provision of a security bond of $25,000..00; Registration and licensing required ; Work permits/visas are normal requirements for Non-Jamaicans Long term (up to 31-12-2005) X X L Long term (up to 31-12-2005) X X L/SL Jamaica 67710 Jamaica 6781 Jamaica 6811 Postal services Jamaica 7110 Banking Services A commercial presence needs to be established. Jamaica 7131 Insurance and Pension services Act prescribes the requirements for the registration of insurance companies and insurance service providers. Insurance services not to be provided cross border. Commercial presence required. Only body corporate can get licensed to operate. N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. N/A X X X L Monopoly arrangement. N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. Conditions for fit and proper person. Work permits/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Jamaica Page 24 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Jamaica 71420 Jamaica 7152 Jamaica 71521 Jamaica 7153 Jamaica 7155 Jamaica 716 Jamaica 7211 Real Estate Services; Disposal of land in development schemes Jamaica 73111 Jamaica 73115 Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Accident and Health Insurance services not to be provided cross border. Reinsurance Services Commercial presence required. Minimum capital requirements to qualify for a license to operate in Jamaica. Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. Stock Brokerage Rule 201 B provides that Members shall be owned and controlled by persons who are citizens and residents of Jamaica; Non-Jamaican owned cos. are precluded from membership; Work permits/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. Securities brokerage Act prescribes criteria for issuing licences for dealers, services, portfolio investment advisers and for stock exchanges; Licensing management capital adequacy requirements; Requirements for fit and services, financial proper person.Work permit/visa required except for those market regulatory service providers covered by the Caribbean Community services. (Free Movement of Skilled Persons) Act, 1997. X Portfolio Management Act prescribes criteria for registration of Unit Trust Services and Trust Schemes and salesman; Unit trust services not to be Services provided cross border. Commercial presence required; Capital adequacy, licensing and registration requirements; Work permits/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X Legal Type* Comments Time frame X X A X X L/SL X X L N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. X X L N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. X X L N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. X X L Short term (up to 31-12-2003) for the work permit requirement. Act and Regulations prescribe the criteria for registration and licensing of real estate dealers and registration of developers and development schemes in Jamaica; Registration and licensing required for real estate dealers and salesmen.Registration of Developers required. Work permits/visas are normal requirements for Non-Jamaicans X X L/SL N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. Leasing or rental services concerning cars and light vans without operator Registration and licensing required. Work permit/visa required except for those service providers covered by the Caribbean Community (free Movement of Skilled Persons) Act, 1997. X X L Leasing or rental of vessels without operator Registration and licensing required. Work permit/visa required except for those service providers covered by the Caribbean Community (free Movement of Skilled Persons) Act, 1997. X X L N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. Loan broking services, financial consultancy Licensing and registration requirements; Work services, foreign permits/visas required except for those service providers exchange services covered by the Caribbean Community (Free Movement of and other services Skilled Persons) Act, 1997. auxiliary to financial intermediation. Insurance broking and agency services, insurance and pension consultancy services, average and loss adjustment services, Outlines the regulations governing the sector. actuarial services, salvage administration services, other services auxiliary to insurance and pension funding. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. Immediate (up to For immediate removal 31-12-2003) Jamaica Page 25 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Comments Time frame Leasing or rental of aircraft without operator As party to the Convention on International Civil Aviation, Jamaica grants rights for the provision of air transport services on the basis of bilateral agreements. Rights to initiate air transport services to Jamaica from other CARICOM countries on an extra-bilateral basis may be granted solely at the discretion of the Government of Jamaica subject to the provisions of Section 7 of the Act, which outlines the criteria for granting these rights. Within the CARICOM region, Trinidad and Tobago is the only CARICOM country with which Jamaica has a bilateral air transport services agreement. Licensing requirements. Except with the consent of the Minister, an air services licence shall not be granted to a person who is not a citizen of Jamaica, or to a company which is not substantially owned and controlled by Jamaican citizens. Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X L Medium term (up to 31-12-2004) 811 Research and experimental development services in natural sciences and engineering Registration and licensing required; Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X A N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. Jamaica 812 Research and experimental development services in social sciences and humanities Registration and licensing required; Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X A N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. Jamaica 8211 Legal advisory and representation services in the different fields of law X X L Jamaica 8221 X X L/SL Medium term (up Work needs to be done at regional to 31-12-2004) level with respect to harmonisation of qualifications and certification. X X L/SL N/A Short term (up to 31-12-2003) for the work permit requirement. N/A Short term (up to 31-12-2003) for the work permit requirement. N/A Short term (up to 31-12-2003) for the work permit requirement. N/A Short term (up to 31-12-2003) for the work permit requirement. N/A Medium term (up to 31-12-2004) for the work permit requirement. Jamaica 73116 Jamaica Act and Regulations prescribe the criteria for registration for the grant of a practice certificate to practice law in Jamaica; Certification requirements of the General Legal Council must be met before practice is allowed; Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act of 1997. Accounting, Auditing, Act and Regulations prescribe the criteria for Book-Keeping registration of public accountants. Jamaican citizenship and membership of the Institute of Chartered Accountants of Jamaica are conditions of registration. Non-Jamaicans who are affiliate members of the ICAJ are entitled to registration. Companies have to be registered by the Registrar of Companies. Taxation advisory services Registration of individual accountants is required. Work permit/visa required Companies/Partner-ships offering business tax preparation and review services are required to register with the Board. Work permit/visa required. Jamaica 823 Jamaica 82400 Insolvency and Cos. have to be registered by registrar of cos. licensing receivership services and requirements by local body; Work permits and Visas are normal requirements for non- Jamaicans X X Jamaica 8311 Management consulting services Overseas firms with local branches are required to register their instruments of Inc. Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X Jamaica 8313 Scientific and technical consulting services X X Jamaica 8321 Overseas firms with local branches are required to register their instruments of Inc. with the Registrar of Cos, Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. Registration and licensing requirements for service Site Investigation, providers. Work permit/visas required except for those Demolition, Site service providers covered by the Caribbean Community Formation and Clearance, Excavating (Free Movement of Skilled Persons) Act, 1997 and Earthmoving, Site Preparation and Scaffolding. X X Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional A N/A Regulatory Regulatory Regulatory Regulatory Regulatory Jamaica Page 26 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Legal Type* Comments Time frame X X L X X L/SL Medium term (up to 31-12-2004) X X L/SL N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. X X L N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. X X L N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. X X L N/A Monopoly Medium term (up to 31-12-2004) for the work permit requirement. X X L X X L X X L Work permit/visa requirement except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X L Services may be provided however these networks cannot be interconnected with the public switched telephone network. Work permit/visa requirement except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X L Jamaica 8322 Architectural Services Act prescribes the criteria for registration (including temporary registration) of Architects including the requirement of citizenship or ordinary residence in Jamaica, certification and good character; Board Exam registration and licensing required ; Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act 1997. Integrated engineering Act and Regulations prescribe the criteria for services registration; categories of engineers; regulate the practice of engineering and prescribe the standards necessary for the practice of engineering by Jamaicans and nonJamaicans. Jamaican citizenship or ordinary residence is a condition of registration; Admin. Restrictions/Regulations; Board Exam Registration and licensing requirements; Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. Jamaica 8331 Jamaica 83530 Land Surveying Jamaica 84110 Shared network services Jamaica 84110 Radio and television cable services. Jamaica 84110 Public telephone services ( intra and inter parish calls and international calls) Jamaica 84110 Jamaica 8412 Programme Establishment is subject to ministerial approval. Work transmission services permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997.. Jamaica 84120 Wireless Telecommunication Services Monopoly for another 3 years has been given to cable and Wireless Jamaica as an international voice carrier. Further liberalization of mobile wireless services will occur as of 2003. Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997.. Jamaica 84120 Paging Services Jamaica 84130 Satellite Telecommunication Services X Act and Regulations prescribe the criteria to be commissioned; establish standards and qualifications for practice in Jamaica; Registration and Licensing required ; 6 months residency requirements. Work permits/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act of 1997. Further liberalization of domestic voice network services in 2001. Providers of data services will have to use the facilities of cable and Wireless until 2003. Work permit/visa requirement except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. Control and regulation of broadcasting and radio-diffusion services. Only companies incorporated in Jamaica are eligible to be licensed to offer subscriber television service to the public. Work permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 Monopoly for another 3 years has been given to cable and Wireless Jamaica as an international voice carrier. Additional carrier and service provider licenses may be issued for the provision of domestic fixed voice telephone services as of September 2001. Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997.. Wired Outlines the responsibility for the construction and general Telecommunication management of telegraphs. The Postmaster-General has a Services - Telegraphs monopoly for the laying out, construction, maintenance and the control and management of the telegraph business. Work permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons Mode1 Mode2 Mode3 Mode4 X X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. N/A Monopoly arrangement. N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. Short term (up to 31-12-2003) for the work permit requirement. N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. Jamaica Page 27 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Jamaica 84200 Jamaica 8430 Jamaica 8511 Jamaica 85210 Jamaica 85400 Jamaica 8596 Data Processing Services Jamaica 8622 Electricity, gas and water distribution services. Jamaica 871 Jamaica 87153 Jamaica 911 Jamaica Summary Description of Measure Mode1 Mode2 Mode3 Mode4 On-line access services Not open to liberalization until March 2003. Internet service providers can provide service over cable television networks as of September 2001. Work permit/visa requirement except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. On-line information Not open to liberalization until March 2003. Internet provision services service providers can provide service over cable television networks as of September 2001. Work permit/visa requirement except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. Employment Agency Act prescribes the criteria for registration of Employment Services and Supply Agencies; Licensing or registration requirements; Work of Personnel Services permits/visas are normal requirements for non-Jamaicans. Investigation & Security Services Act prescribes licensing requirements; Licensing and registration requirements; Work permits/visas are normal requirements for non-Jamaicans Legal Type* X X L N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. X X L Regulatory N/A Short term (up to 31-12-2003) for the work permit requirement. X X L/SL X X X Coin and currency packaging services Registration , licensing required ; Work permits and Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X Electricity and water services provided on a monopoly basis. Work permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. Wholesale trade Licensing and registration requirements for services, retail sales, pharmaceuticals, medical goods and equipment. Food maintenance and handlers’ permit requirement for food products. Other repair services, sales goods must meet Bureau of Standards requirements. of parts and Licensing requirement for service providers. Work accessories. permit/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 Repair services of Work permit/visa requirement except for those service telecommunications providers covered by the Caribbean Community (Free equipment. Movement of Skilled Persons) Act, 1997. X X X X X N/A Short term (up to 31-12-2003) for the work permit requirement. L/SL N/A Medium term (up to 31-12-2004) for the work permit requirement. Short term (up to 31-12-2003) for the work permit requirement. N/A Short term (up to 31-12-2003) for the work permit requirement. L N/A Regulatory Regulatory Monopoly arrangement L Short term (up to 31-12-2003) for the work permit requirement. Medium term (up to 31-12-2004) for the work permit requirement L/SL N/A Regulatory Immediate (up to 31-12-2003) for the work permit requirement. Residency requirement 93110 Hospital Services Act and Regulations prescribe the criteria for registration of Medical Laboratory Technologists, Radiographers, Physiotherapists, Occupational Therapists, Dieticians, Speech Therapists.Registration and licensing required by Ministry of Health and professional bodies ; Work permits/visas required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X Jamaica 9312 Medical and Dental Services Ministry of Health policy requires registration, licensing and local certification; Registration licensing and local Certification required; Work permits and Visas are normal requirements for non- Jamaicans X X A Jamaica 93121 General Medical Services Act and Regulations prescribe the criteria for registration of Medical Practitioners. Doctors trained at universities other than the University of the West Indies and universities in the United States, England and Canada are required to sit the board examination.; Board Registration and licensing required; Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X L/SL *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Regulatory N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. Customs brokerage Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons Comments Time frame N/A Regulatory Immediate (up to 31-12-2003) for the work permit requirement. N/A Regulatory Immediate (up to 31-12-2003) for the work permit requirement. Jamaica Page 28 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Jamaica 93123 Dental Services Jamaica 9319 Auxiliary Health Services Jamaica 93193 Jamaica Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Comments Time frame Act and Regulations prescribe the criteria for registration of licensing of dentists, dental auxiliaries, dental nurses, dental hygienists and dental technicians; Licensing requirement of Ministry of Health ; Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act of 1997. Registration Board Exams licensing required by Ministry of Health and professional bodies; Work permits and Visas are normal requirements for non- Jamaicans X X X X Residential Health Facilities Other Than Hospital The Act and Regulations prescribe the condition for registration of Nursing Homes; Registration and licensing required; Work permit/visa required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act of 1997. X X L/SL 9611 Recreational and Cultural Services Act prescribes that a motion picture producer requires a special licence to engage in motion picture production for commercial purposes; Special film license required to engage in motion picture production; Work permits required for overseas performers/film producers. Waiver of the work permit requirement granted for entertainers coming into Jamaica for less than 30 days. Under the Caribbean Community (Free Movement of Skilled Persons) Act, 1997 musicians and artistes from within the region may enter Jamaica without the need for a work permit X X L N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. Jamaica 9615 Motion picture and video tape projection services. Act prescribes the requirement of permission for presentations by cinematograph or mutoscope or other apparatus; Administrative restrictions; Work permits/visas are normal requirements for non-Jamaican. X L Jamaica 96412 Preservation services Approval is required from the trust. Work permit/visa of historical sites and required except for those service providers covered by the buildings Caribbean Community (Free Movement of Skilled Persons) Act, 1997.. X X L Jamaica 96920 Gambling and betting Registration and licensing required. Work permit /visa services. required except for those service providers covered by the Caribbean Community (Free Movement of Skilled Persons) Act, 1997. X X L N/A Regulatory Short term (up to 31-12-2003) for the work permit requirement. N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. N/A Regulatory Medium term (up to 31-12-2004) for the work permit requirement. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional L/SL N/A Regulatory Immediate (up to 31-12-2003) for the work permit requirement. N/A Regulatory Immediate (up to 31-12-2003) for the work permit requirement. N/A Regulatory Immediate (up to 31-12-2003) for the work permit requirement. Jamaica Page 29 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Comments Time frame St. Kitts and Nevis Alien Land Holding All services Neither land nor a mortgage on land in St. Christopher and Nevis shall be held by an unlicensed alien. Companies incorporated in St. Christopher and Nevis holding or intending to acquire more than five acres of land in St. Christopher and Nevis may restrict or prohibit the issue or transfer of its shares or debentures to aliens or restrict or prohibit the holding by aliens of share warrants and of debentures transferable by delivery or refuse to register an alien as a member or as the holder of a debenture. The Administrator may grant licences either subject to conditions or not, for an alien to be a director of a company, to vote at meetings of a company, to hold shares or debentures, or to be a member of a company having no share capital. There is also a restriction on the creation of trusts in favour of aliens with respect to the foregoing. X L Shares: Short term (up to 31-12-2003) Land: Long term (up to 31-12-2005) St. Kitts and Nevis Company Registration All services X L N/A Regulatory To examine at the regional level St. Kitts and Nevis Exchange Controls All services S. 195 (1) No external company shall begin or carry on business in St. Christopher and Nevis until it is registered under the Act. Act prescribes prohibition of trading in foreign currency and foreign currency transactions in excess of EC$250,000 without permission Persons who do not hold a Saint Christopher and Nevis Passport pay a greater amount of departure tax. L N/A Regulatory X X L Long term (up to 31-12-2005) R.27 Persons who do not belong to St. Christopher and Nevis shall not enter into or continue in any employment in the service of an employer in St. Christopher and Nevis without the permission of the Minister. X X L Short term (up to 31-12-2003) for CARICOM Nationals Long term (up to 31-12-2005) for Others N/A Regulatory St. Kitts and Nevis St. Kitts and Nevis Service All services Charges (Airport) Work Permit All services Requirement St. Kitts and Nevis 512 St. Kitts and Nevis 66110 St. Kitts and Nevis 68111 St. Kitts and Nevis 713 All services utitlising patents and trademarks Where the applicant for registration of a patent or a trade mark resides outside Saint Christopher and Nevis, he/she must provide an address for service within Saint Christopher and Nevis. Air Transport services S.7 (4) The Minister, may, in his/her discretion, refuse to grant an air service licence to any person who is neither a (a) citizen of Saint Christopher and Nevis; or (b) a body incorporated in Saint Christopher and Nevis, being a body which in the opinion of the Minister is substantially controlled by persons who are citizens of Saint Christopher and Nevis. Postal services Insurance Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X S.15(1) Within the limits and along the coasts of Saint Christopher and Nevis, the postal administration shall have the exclusive privilege of conveying from one place to another within Saint Christopher and Nevis, all letters, and the exclusive privilege of performing all the incidental services of receiving, collecting, sending, despatching and delivering all letters within Saint Christopher and Nevis, and all letters going to or coming from parts beyond Saint Christopher and Nevis except in cases stated in the Appendix. S 5 (1) No person shall carry on in insurance business in X St. Christopher and Nevis unless he/she is registered as an insurer in the class of insurance business carried on by him/her or is a member of an association of underwriters registered as an insurer in the class of insurance business carried on by him/her. S.19 A registered insurer shall maintain a principal office in St. Christopher and Nevis and shall appoint a principal officer in St. Christopher and Nevis. S.37 (1) No person shall act as an agent for an insurer unless that person is registered as an insurance agent. S.38.(5) The Registrar shall not register any person as an insurance agent for an insurer not registered as an insurer in terms of the Insurance Act, 1968. S.57.(1) No person shall transmit or transfer any funds out of St. Christopher and Nevis pursuant to any payment of any insurance premium to any insurer who is not registered in St. Christopher and Nevis or who does not have a principal office and a registered agent in St. Christopher and Nevis except with the permission of the Minister. (See A *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional L X X L Long term (up to 31-12-2005) X X L N/A Regulatory X L N/A Regulatory St. Kitts and Nevis Page 30 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure St. Kitts and Nevis 713 Insurance S.31 Associations of Underwriters constituted outside of St. Christopher and Nevis must furnish the Registrar with Certified copies of returns relating to the insurance business carried on by the members of the association as well as A certificate signed by the chairman of the association and by the authority in whom is vested the administration of the insurance industry in that country, that the members of the association have complied with the provisions of the insurance law in the preceding year. St. Kitts and Nevis 9321 Veterinary services S.15 (1) (d) The Registrar shall remove from the register or the roll the name of any person who has ceased to practise as a veterinary surgeon or an animal health assistant in Saint Christopher and Nevis or who has been absent for two or more years. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X Comments Legal Type* Time frame X L N/A Regulatory X L N/A Regulatory Mode1 Mode2 Mode3 Mode4 St. Kitts and Nevis Page 31 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Saint Lucia Alien Land Holding All services Saint Lucia Company Registration All services Saint Lucia Exchange Controls All services Saint Lucia Location of Businesses All services Saint Lucia Micro and Small Businesses Miscellaneous services Act prescribes the requirements for small business to benefit from concessions. [Definition excludes non-national owned small businesses, hence these are unable to access any benefits under Act] Saint Lucia Offshore Sector All services Act prescribes for the licensing and regulation of international financial services representation including a registered agent or trustee. [Local presence or residence requirements apply; use of discretion possible in grant of licence] Saint Lucia Trade Services All services Saint Lucia Work Permit All services Requirement Saint Lucia Work Permit Requirement Saint Lucia 621 Saint Lucia 62273 Saint Lucia 62291 Saint Lucia 62489 Saint Lucia 63110 Saint Lucia 63110 Saint Lucia 6319 Saint Lucia 642 Mode1 Mode2 Mode3 Mode4 Act prescribes the requirements for owning land, shares and debentures by aliens and companies controlled by aliens. [Provides for discriminatory treatment for non-nationals in accessing property] Act prescribes the requirements of registration of external companies. [Discretion possible in permitting registration; differential in fees for external companies versus local companies] Act prescribes the prohibition in respect of foreign exchange dealings [Permission required for movements in excess of EC$250,000] Act prescribes the requirements for grant of a licence to operate a business in a protected area. [ Potential for use of discretion in granting licence exists Act prescribes the requirements for issue of licences for all trade purposes. [Discriminatory licences for non-nationals since this applies only to non-nationals] Act prescribes the rights of qualifying Caribbean Community Nationals in respect of working in St. Lucia. [Act imposes additional procedures for accessing labour market] Act prescribes the requirements for work permits for foreign nationals. [Discriminates against non-nationals] Non-specialized store Act prescribes for the registration, licensing and grant of retail trade services permits for Duty Free Shops and to operators. [Discretion possible in grant of licence; policy dictates that retail sales and operation of agencies and distributorships be restricted to St Lucian nationals] Specialized store retail Act prescribes the requirements for regulation of Druggists trade services, of [potential for use of discretion in registration process exists] pharmaceutical and medical goods Specialized store retail Act prescribes the requirements to obtain a licence to sell trade services, of petroleum. solid, liquid and [Potential for use of discretion exists] gaseous fuels and related products Other non-store retail Act prescribes the licensing of wireless apparatus and for trade services, of dealers in wireless apparatus. other machinery and [Potential for use of discretion to limit market access; retail equipment n.e.c. and wholesale sales services reserved for nationals] Hotel and motel lodging services Act prescribes the requirements for the grant of exemptions for hotel development [Discretion inheres in Minister/Cabinet for approval of exemption] Hotel and motel Act prescribes the requirements for licensing of apartment lodging services and guest houses and hotels. [Potential use of discretion could be used to restrict market access; policy currently restricts participation of nonnationals in operation of facilities with less than 10 rooms or less than EC$600,000 investment] Other lodging services Act prescribes requirements for licencing of developing owner's, marketing agent's and managing agent's licence. [Discretion possible in the grant of relevant licences] Road transport services Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons Act prescribes the requirements for issuing licences and permits for vehicles and drivers. [Use of discretion possible by Licensing Authority in grant of licences – those of relevance would include commercial vehicles for road transport by non-nationals, an area reserved for St Lucian nationals] *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Comments Time frame X L Long term (up to New Legislation in place. 31-12-2005) X L Long term (up to 31-12-2005) L N/A Regulatory L N/A Regulatory X X Legal Type* X X L Long term (up to 31-12-2005) X X L X X L Short term (up to 31-12-2003) removal of discretion and residential requirements Short term (up to 31-12-2003) X X A X X L X Short term (up to 31-12-2003) for CARICOM Nationals Skills Act Other: Long term (up to 31-12-2005) L Medium term (up to 31-12-2004) L Medium term (up to 31-12-2004) L Medium term (up to 31-12-2004) L Medium term (up to 31-12-2004) X L Short term (up to 31-12-2003) X L/SL Short term (up to 31-12-2003) X L Short term (up to 31-12-2003) X L N/A X X X X X Regulatory Saint Lucia Page 32 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Saint Lucia 651 Coastal and transoceanic water transport services Act prescribes the requirements for registration of St. Lucia ships, foreign ships and seamen. [Potential for discretion in registration of ships and seamen] X Saint Lucia 651 65119 The Act prescribes the requirements for inspection and licensing of boats [Discretion possible in grant of licences] Act regulates the use of power craft in St. Lucia's territorial waters. [Potential for restrictions based on licensing regime] X Saint Lucia Saint Lucia 661 Coastal and transoceanic water transport services Other coastal and transoceanic water transport services of passengers Air transport services of passengers Saint Lucia 67620 Saint Lucia 67710 Saint Lucia 681 Saint Lucia 69110 Saint Lucia 71100 Saint Lucia 71100 Saint Lucia 71200 Saint Lucia 713 Saint Lucia 713 Saint Lucia 71311 Saint Lucia 71521 Securities brokerage services Saint Lucia 822 Accounting, financial auditing and bookkeeping services Saint Lucia 833 Engineering services Act prescribes the requirements for registration of engineers. [Discretion could be used to limit market access] Act prescribes the requirements for licensing of aircraft, aerodromes and related business. [Use of discretion possible in licencing; differential in licence fees apply to non-national companies] Pilotage and berthing Act prescribes the requirements for licensing of pilots services [Authority has competence to limit numbers if necessary; discretion possible in grant of licences] Airport operation Act prescribes the requirements for licensing of aircraft, services (excl. cargo aerodromes and related business. handling) [Use of discretion possible in licencing; differential in licence fees apply to non-national companies] Postal and courier Act prescribes the exclusive rights of the Postmaster services General in relation to mail. [Monopoly status prohibits market access] Electricity Act prescribes the requirement for the generation of transmission and electricity including the exclusive right of St. Lucia distribution services Electricity Services Limited. [Monopoly status restricts market access though sublicences are permitted Act prescribes the requirements for registration of an Financial International Bank. intermediation [Discretion inheres in Minister in registration process; local services, except investment banking, presence, resident director and minimum investment requirements apply] insurance services and pension services Act prescribes requirements for licensing of Banks. Financial [Discretion allowed in granting licence; economic needs intermediation requirement may apply; differentials apply in capital services, except investment banking, adequacy requirements between local and non-national Banks] insurance services and pension services Investment banking Act prescribes requirements for licensing of Banks. services [Discretion allowed in granting licence; economic needs requirement may apply; differentials apply in capital adequacy requirements between local and non-national Banks] Act prescribes the requirements for licensing of insurance Insurance and companies, brokers, agents pension services [Discretion possible in licensing, differentials obtain in (excluding reinsurance services), premium tax where local companies pay less than nonnationals; deposits are higher for non-national companies; except compulsory additional prudential requirements apply to non-national social security companies; local presence requirement also apply] services Insurance and pension services (excluding reinsurance services), except compulsory social security services Life insurance and individual pension services Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X X Legal Type* Comments Time frame L Short term (up to 31-12-2003) L Short to Medium term (up to 31-122004) N/A Regulatory L X Short term (up to 31-12-2003) X L Short term (up to 31-12-2003) X L Short term (up to 31-12-2003) X L N/A Monopoly X L N/A Monopoly X L N/A Regulatory X L Short term (up to 31-12-2003) X L Medium term (up to 31-12-2004) X X L Short term (up to 31-12-2003) Act provides for the licensing and registration of international insurance business. [Use of discretion possible in granting licences; local presence and resident director requirements apply; minimum investment requirement also apply] X X L Short term (up to 31-12-2003) Act provides for Life Insurance Premium Tax on local and foreign companies [Differential rates of taxation applied to the premium income of non-national companies] Act prescribes for the regulation, licensing and control of international mutual funds. [Licencing and control systems could restrict market access; at least one resident director required; local presence requirement applies; administrator of fund has minimum worth requirement] Act prescribes the requirements for licensing and registering Accountants. [Potential for use of discretion in licensing and registration] X X L Short term (up to 31-12-2003) X X X L N/A X X L Short term (up to 31-12-2003) X L Short term (up to 31-12-2003) X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X Regulatory Saint Lucia Page 33 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Saint Lucia 83530 Surface surveying services Act prescribes the requirements for licensing of Land Surveyors [Potential for use of discretion exists in granting licences] X Saint Lucia 84120 Wireless telecommunications services Act prescribes the licensing of wireless apparatus and for dealers in wireless apparatus. [Potential for use of discretion to limit market access; retail and wholesale sales services reserved for nationals] Saint Lucia 86150 Fishing services Saint Lucia 86223 Saint Lucia 86311 Saint Lucia 86311 The Act prescribes the requirements for registering foreign fishing vessels and licensing of local vessels. [Differential in application process based on nationality exists; potential use of discretion in registration exists] Act prescribes the requirements for granting of licences for the provision of services under the Act. [Exclusive licence for 25 years issued, market access restricted] Act prescribes the requirements for issue of a licence. [Potential for use of discretion exists; policy restriction in favor of St Lucian nationals in place] Act prescribes the Licensing of Bakers [Potential for use of discretion in limiting licences issued] Saint Lucia 86910 Saint Lucia 921 Saint Lucia 93110 Saint Lucia 93121 Saint Lucia 93121 Water distribution services through mains (on a fee or contract basis) Food and beverage manufacturing services Food and beverage manufacturing services Publishing, on a fee or Act requires the deposit of a bond by printers and contract basis publishers of newspapers. [Non discriminatory requirement for deposit of a bond.] Primary education Act prescribes the requirements for grants of permits to services private schools and for registration thereof. [ Restriction may exist if discretion is used in the grant of permits] Hospital services Act prescribes the requirements for registration and licensing of private hospitals. [Use of discretion in granting licences could restrict market access] General medical Act prescribes the requirements for licensing of medical services and dental practitioners, opticians, nurses, midwives and chemists and druggists. [Some discretion inheres in Competent Authority in the registration process] General medical Act prescribes the requirements for registration of medical services practitioners. [Use of discretion in regsitration/licensing process possible] Saint Lucia 93123 Saint Lucia 93191 Saint Lucia 93210 Saint Lucia 94110 Saint Lucia 94211 Saint Lucia 95110 Saint Lucia 96151 Saint Lucia 96920 Dentistry Act prescribes the requirements for licensing of medical and dental practitioners, opticians, nurses, midwives and chemists and druggists. [Some discretion inheres in Competent Authority in the registration process] Deliveries and related Act prescribes the requirements for licensing of Nurses services, nursing and Midwives. services, [Potential for use of discretion in the issuance of licences] physiotherapeutic and para-medical services Veterinary services for Act prescribes the requirements for registration of pet animals veterinary surgeons. [Potential for use of discretion in registration process] Sewage treatment Act prescribes the requirements for granting of licences for services the provision of services under the Act. [Exclusive licence for 25 years issued, market access restricted] Non-hazardous waste Act prescribes the requirements for registration of litter collection services collecting business. [Discretion inheres in Minister to grant or not to grant licence] Services furnished by Act prescribes the procedures for regulation of trade business and unions and employers organizations. employers [Restriction exists only if discretion could be used in organizations registering organisation] Motion picture Act prescribes the requirements for the showing of projection services cinematograph exhibitions. [Discretion in grant of licence and potential to ascribe conditions thereto possible under Act] Gambling and betting Act prescribes the requirements for operating lotteries. services [Sole provider status restricts market access; policy precludes participation by non-nationals] Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Comments Time frame L Short term (up to 31-12-2003) X L Short to Medium term (up to 31-122004) X L Medium term (up to 31-12-2004) X L Long term (up to 31-12-2005) X L Medium term (up to 31-12-2004) L Medium to long term (up to 31-122005) N/A Regulatory X X Legal Type* X X L X L Short to Medium term (up to 31-122004) X L Short to Medium term (up to 31-122004) X L Short term (up to 31-12-2003) X X L Short term (up to 31-12-2003) X X X X L Short term (up to 31-12-2003) X X L Short to Medium term (up to 31-122004) Long term (up to 31-12-2005) Short term (up to 31-12-2003) X L X L Long term (up to 31-12-2005) X L Long term (up to 31-12-2005) X L Medium term (up to 31-12-2004) X L Long term (up to 31-12-2005) Saint Lucia Page 34 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* St. Vincent & the Grenadines Alien Land Holding All services SS. 2,5, 6,9,10,14,15,16,17,18, the conditions for grant of an aliens' landholding licence. X L St. Vincent & the Grenadines Company Registration All services Sections 338, 340, 341, 342, 344 and 346 prescribe the requirements for registration of an external company. Regulation 19 of the Companies Regulations also provide for differential fees for external companies X L St. Vincent & the Grenadines Exchange Controls All services Act prescribes the requirements and restrictions in respect of foreign exchange transactions [Permission required for movements in excess of EC$250,000] S.5 prescribes the kind of business an international business company is restricted to undertaking. [incorporation required limits market access] SS.2,3 of the Act prescribe the professions to be licensed and the requirements for licensing. [Licence requirements require physical presence, nonnational treatment fees for foreigners (Traders)] S.3 9TH Act require foreign nationals and commonwealth citizens to obtain work permits St. Vincent & the Grenadines St. Vincent & the Grenadines International All services Business Services Professional Miscellaneous Licence services Requirement St. Vincent & the Grenadines St. Vincent & the Grenadines Work Permit All services Requirement 621 St. Vincent & the Grenadines 63110 St. Vincent & the Grenadines 651 St. Vincent & the Grenadines 65119 St. Vincent & the Grenadines 711 St. Vincent & the Grenadines St. Vincent & the Grenadines 71311 X Comments Time frame Non-Land: Medium Term (up to 31-12-2004) Land: Waiver Medium term (up to 31-12-2004) L N/A X L N/A X L Short term (up to 31-12-2003) L Medium term (up to 31-12-2004) X [Non-specialized store The Act requires the licensing of tourist duty free shop retail trade services] operators, permits for agents and licences for shop premises and gives the Comptroller the discretion not to grant or renew a licence or permit where the applicant is not a resident of St. Vincent & the Grenadines. [This restriction entered into force after July 1998 and hence violates Art 36] X L Medium term (up to 31-12-2004) Hotels X L Short term (up to 31-12-2003) X L Long term (up to Will examine legislation and advise at 31-12-2005) next meeting. L Short term (up to Will amend Yachts Licence Act. 31-12-2003) X L Short term (up to To discuss with consultant as to 31-12-2003) whether or not there is a restriction. X L Short term (up to Legislation to be amended to remove 31-12-2003) restriction. [Coastal and transoceanic water transport services] [Other coastal and transoceanic water transport services of passengers] [Financial intermediation services, except investment banking, insurance services and pension services] Act prescribes the requirements for grant of licences and concession for hotel development. [Non nationals subject to differential requirements to access benefits under the Act] The Act prescribes the requirements for registering local and foreign vessels and crew [Various additional conditions apply for foreign ships to be registered] Sections 2 and 3 stipulate that yachts in St. Vincent's territorial waters must pay fees. [Differential Fees payable by non-nationals] Act prescribes the requirements for issuance of a licence. [Discretion may be exercised in issuance of licence which could impinge on market access; in addition local presence or incorporation required] 71531 [Life insurance and [Differential taxes levied on foreign general insurers] individual pension services] [Portfolio management The Act prescribes the requirements for registration of services] Mutual Funds and Fund Managers. [Discretionary grant of licence and registration possible; local presence requirement affects market access] St. Vincent & the Grenadines 86150 [Fishing services] St. Vincent & the Grenadines 86921 St. Vincent & the Grenadines 96910 X X X S.8 of the Act prescribes the requirement of a licence for foreign fishing vessels. [Differential treatment in the grant of licenses to foreign vessels, discretion may influence grant of license] [Printing services and Act prescribes the requirements for registration of services related to newspapers printing, on a fee or [A bond is required prior to printing and publishing contract basis] newspapers] [Amusement park and S.2,3,4 + 9 prescribe the requirements for registration of similar attraction places of entertainment services] [Allows for discretion in granting licence and differential fees for foreigners] Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X X X L X X L X X X N/A Non Discriminatory Long term (up to To advise at next meeting. 31-12-2005) L N/A L Medium term (up to 31-12-2004) Regulatory St. Vincent and the Grenadines Page 35 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Suriname UNCPC Code/Measure Alien Land Holding Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Comments Time frame All services Non-nationals need the prior approval of the Council of Ministers to receive land that is in State domain. [X] [X] N/A All services Foreigners need permission from the Foreign Currency Commission to buy and sell immovable property [X] [X] Long term (up to 31-12-2005) National consultations are ongoing. 1. State domain land in State ownership Rights that can be obtained on domain land (a) leasehold on land for a period of 40 years (restricted right in rem) (b) right of lease for an indefinite period (c) the right to use the land until further notice for an indefinite period Suriname Suriname Alien Land Holding 2. Private ownership Company All services Establishment The Granting of licences is not restricted to Surinamese, but Article 9 gives the Minister the power to grant licences under specific conditions in the case of companies: vide other sub sectors X X [X] [X] L Short term (up to 31-12-2003) Non-residents need the permission of the Foreign Currency Commission before applying for the legal status of the company. Suriname Suriname Exchange Controls Suriname Work Permit Requirement 531 Suriname 541 Suriname Suriname Suriname 5423 54760 63300 All services All services Buildings General construction services of buildings General construction services of harbours, waterways, dams, irrigation and other water works Wood and metal joinery and carpentry services Beverage serving services for consumption on the premises Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons For Cambios: Board members must be Surinamese nationals with Surinamese residency Surinamese cannot transfer more than US$10,000.00 per annum per person without permission from the Foreign Currency Board. Non-Surinamese need a licence for any amount. [X] Long term (up to 31-12-2005) Non-Surinamese need a work permit issued by the Ministry of Labour to engage in employment Work Permit X L Coners f.e.: Civil and hydraulic engineering, mechanical engineering, naval architecture, acoustics, etc. Work Permit X L Coners f.e.: Civil and hydraulic engineering, mechanical engineering, naval architecture, acoustics, etc. The Surinamese nationality is an administrative requirement for the obtaining of a licence for the setting up of public and private water works (ports, piers, harbours) article 11 Law Port system S.B.1981 no 86 (decreet Havenwezen) X Short term (up to State Resolution is in preparation. 31-12-2003) Long term (up to National consultations are ongoing. 31-12-2005) Long term (up to National consultations are ongoing. 31-12-2005) (a) Public water works: N/A (b) Private water works: Long term (up to 31-12-2005) Work Permit X X L/SL The Granting of licences is not restricted to Surinamese, but Article 9 gives the Minister the power to grant licences under specific conditions in the case of companies: vide other subsectors. Work Permit X X L Monopoly Consultations are ongoing Long term (up to 31-12-2005) Short term (up to WTO commitments 31-12-2003) The Granting of licences is not restricted to Surinamese, but Article 9 gives the Minister the power to grant licences under specific conditions in the case of companies: vide other subsectors. *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Suriname Page 36 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Suriname UNCPC Code/Measure 642 Services Affected Road Transport service industry Suriname 642 Bus service Suriname 651 Shipping Suriname 651 Shipping Suriname 65111 Suriname 65121 Suriname 661 Suriname 6611 Suriname 662 Coastal and transoceanic water transport services industry Shipping Air transport services of passengers Cabotage services Air transport services of freight Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Work Permit Comments Time frame Short term (up to 31-12-2003) The Granting of licences is not restricted to Surinamese, but Article 9 gives the Minister the power to grant licences under specific conditions in the case of companies: vide other subsectors. Non-Surinamese cannot get a licence for the granting of bus services Only Surinamese can be captain on a Surinamese Ship (article 437 Commercial code). Article 2 of the same law determines that the President of the Republic Suriname can grant exemptions. Suriname has a closed ship register. That means that only Surinamese ships are being registered.(Article 1 lid 1ship register resolution G.B. 1944 no 80). Work Permit X X X X X X X X X X X X X X Long term (up to 31-12-2005) X X X Short term (up to Amendment of the air transport law 31-12-2003) 1935. X X X X Long term (up to Drafting of the Civil Aviation law. 31-12-2005) Short term (up to Amendment of the air transport law 31-12-2003) 1935. The Granting of licences is not legally restricted to Surinamese, but Article 9 gives the Minister of Trade and Industry power to grant licences under specific conditions, in the case of Companies; vide other sub-sectors. The Surinamese nationality is an administrative requirement for the obtaining of a licence for the transportation of persons and goods by water (law public means of water transport S.B. 1936 no.1) Scheduled air passenger transport. Only Surinamese citizens have the right to carry out passenger handling. Registration of aircraft: The Surinamese nationality and residing in Suriname are the requirement for registration of aircraft. Only Surinamese have the right to carry out passenger services. Only Surinamese citizens have the right to carry out cargo handling. X Short term (up to Amendment of the "Autobuslaw" 31-12-2003) (G.B.1945, valid text 1962 no 127 ) Long term (up to Amendment of shipping legislation 31-12-2005) Long term (up to Amendment of shipping legislation 31-12-2005) L Long term (up to Discriminatory treatment ought to be 31-12-2005) removed and replaced by clear terms and conditions for the granting of licences. Legislation to be amended to remove discriminatory aspects. Registration of aircraft: The Surinamese nationality and residing in Suriname are the requirement for registration of aircraft. Suriname 673 Fairway marking and maintenance The Maritime Authority Suriname (MAS) has the following service: Services for the guarantee of a safe and efficient passage through Surinamese waters, marking of the waterway and maintenance, Hydrographical surveys, channel maintenance, handling of survey data measuring of the compactness of the silt, information on the tide. N/A Monopoly Suriname 676 Hydrographic Survey The Maritime Authority Suriname (MAS) has the following service: Services for the guarantee of a safe and efficient passage through Surinamese waters, marking of the waterway and maintenance, Hydrographical surveys, channel maintenance, handling of survey data measuring of the compactness of the silt, information on the tide. N/A Monopoly Suriname 676 Silt density measurement The Maritime Authority Suriname (MAS) has the following service: Services for the guarantee of a safe and efficient passage through Surinamese waters, marking of the waterway and maintenance, Hydrographical surveys, channel maintenance, handling of survey data measuring of the compactness of the silt, information on the tide. N/A Monopoly Suriname 676 Tidal information The Maritime Authority Suriname (MAS) has the following service: Services for the guarantee of a safe and efficient passage through Surinamese waters, marking of the waterway and maintenance, Hydrographical surveys, channel maintenance, handling of survey data measuring of the compactness of the silt, information on the tide. N/A Monopoly Suriname 676 Processing of hydrographic survey information The Maritime Authority Suriname (MAS) has the following service: Services for the guarantee of a safe and efficient passage through Surinamese waters, marking of the waterway and maintenance, Hydrographical surveys, channel maintenance, handling of survey data measuring of the compactness of the silt, information on the tide. N/A Monopoly Suriname 67620 Pilotage services N/A Monopoly Suriname 67620 Pilotage services The Surinamese Nationality is a requirement for the pilotage examination. Only state or public bodies can provide pilotage services. N/A Monopoly Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional X X X Suriname Page 37 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Suriname UNCPC Code/Measure 711 Services Affected Banking industry Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Legal Type* Declaration of no objection from the Central Bank Comments Time frame Long term (up to 31-12-2005) Licences from the Ministry of Trade and Industry Non residents need permission from Foreign Currency Commission before applying for legal status of a company Foreigners need permission from the Foreign Currency Commission to sell immovable property work permit Surinamese nationality and residency requirements for Cambio board members Suriname 713 Insurance 71320 Work permit X X X Long term (up to In future there will be a separate law 31-12-2005) concerning the Insurance Sector. X X X Long term (up to In future there will be a separate law 31-12-2005) concerning the Insurance Sector. Non-life insurance company must be established by Surinamese law The Central Bank requires payment of administration costs in foreign currency from non-nationals Declaration of no objection from the Central Bank is required. Suriname 714 There is a norm of 50% local ownership required for commercial presence. Licence must be obtained from the Ministry of Trade and Industry Reinsurance services Work permit; Foreign companies cannot sell directly on the local market, only through local companies (for supervisory purposes) Suriname 71552 Foreign exchange services Declaration of no objection from the Central Bank Long term (up to 31-12-2005) Licences from the Ministry of Trade and Industry Non residents need permission from Foreign Currency Commission before applying for legal status of a company Foreigners need permission of the Foreign Currency Commission to sell immovable property work permit Surinamese nationality and residency requirements for Cambio board members Suriname 811 Research and Work Permit experimental development services Registration with the Ministry of Health in natural sciences and engineering Residency is required Suriname 821 Legal Services Suriname 8221 Suriname 82220 Suriname 823 Suriname 831 X X Difference in legal systems Long term (up to 31-12-2005) N/A Auditing and financial Licence must be obtained from the Ministry of Trade and auditing services Industry but residency is required. X X X Services must be paid for by foreign companies in foreign exchange Foreigners are required to pay for the services in foreign currency. Book-keeping services, except tax returns Tax Advisory Services Work permit; Industry A licence must be obtained from the Ministry of Trade and Industry. Residency is required. Consulting and Managment services industry L Services are provided in foreign currency to foreigners; locals pay in local currency. Work permit To be examined at Regional level Long term (up to 31-12-2005) Medium term (up to 31-12-2004) X X Long term (up to 31-12-2005) National Consultations are still ongoing X X Long term (up to 31-12-2005) National Consultations are still ongoing Licence must be obtained from the Ministry of Trade and Industry. Residency is required, services are provided in foreign currency to foreigners; Locals pay in local currency. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Suriname Page 38 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Suriname UNCPC Code/Measure 8321 Services Affected Architect services Summary Description of Measure Work permit; Mode1 Mode2 Mode3 Mode4 X Legal Type* X X Long term (up to This because of the sensitiveness of 31-12-2005) the sector. There are curriculum differences e.g. the equality of the Dutch Diplomas and those of the Caribbean. X X Long term (up to This because of the sensitiveness of 31-12-2005) the sector. There are curriculum differences e.g. the equality of the Dutch Diplomas and those of the Caribbean Short term (up to 1. The Government of Suriname will 31-12-2003) decide whether other actors can be allowed in the sector; a decision which the Government will make based on the market considerations. 2. As the domestic services in rural areas need to be further developed, the Government of Suriname may be be granting other concessions for providing services in these areas. In case of a limited liability company residency is required Foreigners do need a Surinamese partner Suriname 833 Engineer Services Industry Work permit; coners f.e. Civil and Hydraulic engineering, mechanical engineering, naval architecture acoustics, etc Suriname 841 Telecom: satellite There is a duopoly in this case. No new concessions are being granted. X X Telecommunications infra-structure Suriname 841 Telecom: wireless There is also a duopoly in this case. No new concessions are being granted. L X X 841 Telecom: wired There is also a duopoly. No new concessions are being granted. L X X Suriname 86140 8622 Suriname 93110 Forestry and logging services Electricity, gas and water distribution services (on a fee or contact basis) Hospital Services Legal Monopoly N/A Legal Monopoly Short term (up to 1. The Government of Suriname will 31-12-2003) decide whether other actors can be allowed in the sector; a decision which the Government will make based on the market considerations. 2. As the domestic services in rural areas need to be further developed, the Government of Suriname may be be granting other concessions for providing services in these areas. Telecommunications infra-structure Suriname N/A Short term (up to 1. The Government of Suriname will 31-12-2003) decide whether other actors can be allowed in the sector; a decision which the Government will make based on the market considerations. 2. As the domestic services in rural areas need to be further developed, the Government of Suriname may be be granting other concessions for providing services in these areas. Telecommunications infra-structure Suriname Comments Time frame L N/A Nationality and residency is required. N/A Sectors that are primarily government responsibility. State care sectors N/A Registration with the Ministry of Health. Legal Monopoly Monopolies Long term (up to National Consultations are still 31-12-2005) ongoing Residency is required. Suriname 96920 Suriname 96930 Work permit. Gambling and Betting Work Permit Services The Granting of licences is not restricted to Surinamese, but Article 9 gives the Minister the power to grant licences under specific conditions in the case of companies; vide other subsectors. Gambling and Betting Work Permit Services Industry To be a legal entity the Company must be established by Surinamese law. X X L Long term (up to National Consultations are still 31-12-2005) ongoing X X L Long term (up to National Consultations are still 31-12-2005) ongoing There are many unwritten by-laws at the Department of Justice. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Suriname Page 39 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Trinidad and Tobago UNCPC Code/Measure Company Registration Services Affected All services Summary Description of Measure S.317 & 318 External companies which establish a place of business within Trinidad and Tobago or establish or use a share transfer or share registration office in Trinidad and Tobago shall within fourteen days from the establishment of the place of business file with the Registrar a statement in the prescribed form. Mode1 Mode2 Mode3 Mode4 X Comments Legal Type* Time frame L N/A Regulatory To be examined at the regional level S.334 An external company required to be registered under the Act may not maintain, without the leave of the Court, any action, suit, counterclaim or other Proceeding in any court in Trinidad and Tobago but may be made a defendant in a suit. Trinidad and Tobago Trinidad and Tobago Trinidad and Tobago Foreign Investment All services Work Permit All services Requirement 512 Trinidad and Tobago 631 Trinidad and Tobago 64221 All services utilising patents and trademarks S.335 The jurisdiction in which the external company is incorporated must be stated at its principal office in Trinidad and Tobago as well as on all name plates, bill heads and letter paper, and in all notices, advertisements, and other official publications of the company originating in Trinidad and Tobago. S.4 A foreign investor must supply the Minister with the prescribed information prior to incorporating a private company or acquiring shares in any private company. S.5(1) A foreign investor must supply the Minister with the prescribed information prior to acquiring shares in a local public company. S.5(2) A foreign investor may not acquire more than 30 per cent of a local public company without a licence. S.6(1) A foreign investor may not acquire more than 1 acre of land for residential purposes without a licence. S.7 A foreign investor may not acquire more than 5 acres of land for trade or business purposes without a licence. S.11 A person shall not hold land in Trinidad and Tobago or shares in any local public company in trust for an unlicensed foreign investor. “Foreign investor” means an individual who is neither a citizen of a Caricom Member Country or a resident of Trinidad and Tobago. “Caricom Member Country means any country where, inter alia, the laws of which provide reciprocal investment facilities for citizens of Trinidad and Tobago. Barbados and Jamaica have been declared Caricom Memb S.9 (1) An immigration officer may allow persons to enter Trinidad and Tobago for the purpose of engaging in a legitimate profession, trade or occupation on such conditions and for such periods as may be fit and proper in any particular case. R.10 No person other than citizens or residents of Trinidad and Tobago shall engage in any profession, trade or occupation whether for gain or otherwise unless he or she holds a valid work permit. Where the applicant for registration of a patent or a trade mark resides outside Trinidad and Tobago or has his/her place of business outside Trinidad and Tobago, he/she must provide an address for service within Trinidad and Tobago Tourism projects, the incentives for which, will be reserved Accommodation facilities under twenty solely for nationals of Trinidad and Tobago are: (a) Accommodation facilities under twenty one rooms one rooms (b) Transportation Services Transportation (c) Ground tour operations or destination managment Services companies Ground Tour Operations Destination Management Companies Taxi services In order to obtain a taxi driver’s licence a non national of Trinidad and Tobago would be required to have a private licence for at least one (1) year and have been driving regularly in Trinidad and Tobago for a year. (This appears to be an administrative requirement.) Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons X X L X X *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional L L Long term (up to Land ownership - residential and 31-12-2005) business purposes - restrictions addressed in legislation. Draft Investment Act to be completed and should satisfy commitments under Protocol II. Will indicate how restrictions will be dismantled over the period. Short term (up to 31-12-2003) for Persons covered under the CARICOM Skills Act. First element of the Free Movement of Skills Act has been put into place. Trinidad and Tobago has committed to pursue the outstanding additional categories already agreed. It is expected to achieve this in the short term. Additional categories are being examined in the long term. Long term (up to 31-12-2005) for All categories not covered under the CARICOM Nationals Skills Act and Conference decisions. N/A Regulatory Facilitatory mechanism to be examined at the regional level X X A Medium term (up to 31-12-2004) X X L N/A Regulatory Trinidad and Tobago Page 40 of 42 2/28/2002 Programmes for the Removal of Restrictions Country UNCPC Code/Measure Trinidad and Tobago 66110 Trinidad and Tobago 67620 Trinidad and Tobago 68111 Services Affected Summary Description of Measure Mode1 Mode2 Mode3 Mode4 Air Transport services S.4 (3) Only the Government, citizens, residents and bodies incorporated in Trinidad and Tobago may hold legal or beneficial interest by way of ownership in an aircraft registered in Trinidad and Tobago. Pioltage services Pilotage services are reserved for nationals of the Commonwealth. Postal services Trinidad and Tobago 69110 Trinidad and Tobago 711 Electricity transmission and generation Banking Services Trinidad and Tobago 713 Insurance Trinidad and Tobago 713 Insurance S.9 (1) Trinidad and Tobago Post has the exclusive right, for a period of five years, to: a) carry any letter weighing two kilograms or less for hire or reward within Trinidad and Tobago; b) produce and sell postage stamps within Trinidad and Tobago; c) rent or lease post office boxes; and d) perform for hire or reward, all incidental services relating to receiving, collecting, sending, dispatching and delivering any letter referred to in paragraph (a) S.31 The Commission has the monopoly on the transmission and distribution of electricity to consumers in any part of Trinidad and Tobago. S.4(1) Only persons licensed by the Central Bank shall carry on banking business in Trinidad and Tobago. S.7 All applications for licences to operate a financial institution shall be made to the Central Bank must be accompanied by, inter alia, a statement of the applicant’s name and the address of its registered office in Trinidad and Tobago. A company incorporated outside of Trinidad and Tobago must establish a place of business in Trinidad and Tobago in order to carry on the business of insurance. X X L Medium term (up to 31-12-2004) X X SL Medium term (up to 31-12-2004) X X L N/A Contractual arrangement with management company to end 2004. Will liberalise thereafter. X X L N/A Monopoly L N/A Regulatory X L N/A Regulatory X A N/A Regulatory N/A The Government of Trinidad and Tobago is reviewing the status of the Insurance Industry. This should be completed in the medium term. Regulatory X X Trinidad and Tobago 7152 Brokerage and related A company incorporated outside of Trinidad and Tobago securities services offering services as dealers in securities; underwriters of securities; investment advisers; or securities companies must be registered in Trinidad and Tobago. X Trinidad and Tobago 821 Legal services X Trinidad and Tobago 8321 Architecture Qualified citizens of the Commonwealth are admitted to practise as an attorney-at-law in Trinidad and Tobago. S.16 Non-citizens are admitted to practise as an attorneyat-law on the basis of reciprocity. The Trinidad and Tobago Institute of Architects wishes to adopt the rules of the International Union of Architects which recommend, inter alia, Adherence to the International Code of Ethics on Consulting Services in general and more specifically that: Local consultants or professionals shall have the primary right to interpret the needs of his/her people, and his/her vision as to how his/her country’s environment could be built planned, improved or enhanced shall be entitled to respect, based on the principle that the responsibility for the development of every country rests primarily on itself. The environment that the professionals are committed to fashion shall be expressive of the genius of the people and reflective of the substance of their culture. As a corollary to the foregoing principles, every consultant from a foreign country whether his work is a result of a government-to-government agreement or a requirement of the funding institution or a project from a private sector, shall associate and work harmoniously with consultants or professionals of the country where the project is located. Trinidad and Tobago 841 Telecommunications Services S.4 (1) The Trinidad and Tobago Telephone Company shall have the exclusive right to operate a telephone system and a telephone service for the public use and for hire or tolls. This relates specifically to wired telecommunications. X Comments Time frame X X The Supervisor of Insurance is not inclined to grant any new licences for the establishment of any insurance business until the current legislation is amended. Legal Type* X X X X L X L Long term (up to To examine at the regional level. 31-12-2005) X A Short term (up to Restriction in terms of work permit. 31-12-2003) Any new regulations should not be discriminatory. To advise architects. X L Long term (up to 31-12-2005) Regarding wireless telecommunications, three cellular service provider licences will be granted with a stipulation that 51% of the ownership of the service provider will be owned by nationals of Trinidad and Tobago. Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional Trinidad and Tobago Page 41 of 42 2/28/2002 Programmes for the Removal of Restrictions Country Trinidad and Tobago UNCPC Code/Measure 911 Services Affected Customs brokerage Summary Description of Measure S.6 (1) No person may (a) carry on business as or style himself a customs broker unless he is the holder of a “customs broker’s licence” issued by the Board ; or (b) be employed as or style himself a customs clerk unless he is the holder of a “customs clerk’s licence issued by the Board. R.2 (1) provides that an application for a customs broker or a customs clerk’s licence shall be forwarded to the Secretary of the Board in the form set out in the Schedule to the regulations which requires the applicant to declare that he or she is a resident of Trinidad and Tobago, inter alia, and supply a copy of his or her birth certificate. Mode1 Mode2 Mode3 Mode4 X X Legal Type* X X L X X L Comments Time frame Short or medium In discussions with Customs term (up to 31-12- brokerage of Trinidad and Tobago. 2004) Hope to remove in the short or medium term. Customs Committee to address issue. (These two provisions read collectively imply that only residents of Trinidad and Tobago can apply for a customs broker’s licence or a customs clerk licence.) Trinidad and Tobago 941 Sewerage services relating too the maintenance and development of a sewerage system except sewerage treatment ans tank emptying & cleaning services Mode 1=Cross border; Mode 2=Consumption Abroad; Mode 3=Commercial Presence; Mode 4=Movement of Natural Persons S.62 The Water and Sewerage Authority is responsible for maintaining and developing the existing sewerage system and other property relating thereto; all sewerage system and other property relating thereto; all sewerage works (existing and future) and for administering sewerage services. *Key: L=legislative; SL=Subsidiary; A=Administrative; C=Constitutional N/A Monopoly Trinidad and Tobago Page 42 of 42 2/28/2002