ANNEX III

STEPS OUTLINING THE NEW PROCEDURE FOR REQUESTS

FOR SUSPENSION OF THE CET

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

THE REVISED TREATY OF CHAGUARAMAS

Step 1
The Entity that is unable to obtain supplies from within the Community must
apply to the Competent Authority in the Member States concerned, in writing i.e.
the Minister so designated by each Member State for this purpose. The Entity
must also inform the Competent Authority of the quantity, standard, the urgency
of the request, and of efforts to source supplies of the product from local and
regional suppliers. The Entity must endeavor to provide evidence of unfulfilled
orders; evidence of the response of the regional producer including
transportation logistics (force majeure excepted); and information showing what
efforts it had made to obtain regional supplies.

Step 2
The Competent Authority on receipt of a request from an Entity for a suspension
of the Common External Tariff (CET), is required to assess the ability of other
local Entities within the Member State to supply the required product by seeking
information from known suppliers whether supplies in adequate quantities and
required specifications are, or are not available for the period requested. A
record of responses from local Entities must be kept by the Competent Authority
to confirm that there was adequate consultation at the national level.

Step 3
The Competent Authority having been satisfied that the request is urgent and
that local Entities are unable to supply the required product in the quantity or
standard within the time period required, will submit a request for suspension of
the CET for the consideration of the Secretary-General and at the same time
may inform the Competent Authorities of the other Member States of the request
for a suspension of the CET on the product in question. The request will include
the summary of responses compiled locally and will be inserted in the attached
‘Request for Alteration or Suspension of the Common External Tariff’ (See
Appendices I and II to this Attachment).

Step 4
The Secretary-General, being satisfied with the completeness of the information
submitted and that it is in accordance with the procedures agreed, will
immediately formally acknowledge receipt of the request for suspension of the
CET on the requested product (See Appendix III to this Attachment);

Step 5
Once the Secretary-General is satisfied that all relevant information has been
submitted in compliance with these procedures he/she will promptly enquire of
the Competent Authorities of the other Member States by the quickest possible to
ascertain that supplies of the product are or are not available in the quantities
and standards and for the time period requested (See Appendix IV to this
Attachment). Communication by the Secretary-General will be by email, fax or
by the quickest possible means;

Step 6
The Competent Authority on receipt of the Secretary-General’s enquiry, is
required to ascertain from local suppliers within the Member State that supplies
of the product are or are not available indicating quantity, specification and the
time period requested.

Step 7
The Member States to whom the Secretary-General’s enquiries are directed are
required to respond within seven calendar days of the dispatch of these
enquiries, copying their replies to the Competent Authority in the requesting
Member State. The response should include-

(a) The known suppliers consulted;

(b) Whether supplies are available for export from that Member State as per
request and the contact information for the suppliers. In cases where a
Member State is able to supply the products requested in the required
quantities, standards, and for the period requested, the Competent
Authority will advise the Secretary-General that having consulted with
known suppliers that supplies are available. The Competent Authority
must indicate the name and contact information of the supplying Entity,
including the quantity to be supplied and for what time period. An
indication of the supplier’s capacity, actual annual production with regards
to the supply capabilities to the local, regional and extra-regional markets
must be provided (Appendix V to this Attachment);

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

when supplies would be available;

(d) Where supplies of a product are available but not in the quantity
requested, the Competent Authority will so advise the Secretary-General
and indicate the time frame when it will become available.

Whether or not supplies are available, the Member States are required to
respond (and the Secretary-General should insist upon receiving at least from
those Member States known to be producers of the input in question) and to give
a specific answer to the questions posed.

Where the 14 day period has elapsed and a known producer has not provided a
definitive response to the Secretary-General to the questions posed, the
Secretary General should again seek a response and after 7 calendar days,
notwithstanding that he might not have received a reply the Competent Authority
of a known supplier, make the appropriate determination on whether to grant the
suspension.

Step 8
Upon receipt of information of a Member State’s:

(a) ability to supply the product requested, the Secretary-General will within
two working days inform the Competent Authority in the requesting
Member State of the supplying Member State’s ability to supply the
requested product. The Secretary-General will indicate the contact
information of the supplying Entity (which is to include Name, Address,
Telephone, Fax and Email) and will urge direct communication between
the supplying Entity and the requesting Entity. As a result of the ability to
supply, the Secretary-General will advise that authorization for the
suspension of the tariff on the requested product cannot be granted at this
time (Appendix VI to this Attachment).

The Competent Authority in the supplying Member State will monitor

whether the supplier actually supplies the product within a reasonable time
and report to the Secretary-General on any difficulties encountered by the
supplier. Where the supplier encounters difficulties in supplying in a
reasonable timeframe, the Secretary-General will grant the Suspension;

(b) inability to supply, after the seven-day period allotted for response of
Member States, the Secretary-General will within two calendar days,
make a decision whether or not to grant approval, on behalf of the Council
for Trade and Economic Development (COTED), for the suspension of
the rate under the CET on the product in question. He/she will advise the
 Competent Authority in the requesting Member State and the other
Member States the reasons for granting the suspension;

Step 9
Where a private sector Entity has advised the Secretary-General before the
Suspension is issued that supplies of a product are available the Secretary-
General will ascertain from the Competent Authority in the relevant Member
State and verify that the requisite level of consultations have been held between
the Competent Authority and the domestic suppliers of the product in question.
The Competent Authority is required to respond to the Secretary-General’s letter
of enquiry within seven calendar days;

Step 10
The Competent Authority, on receipt of the Secretary-General’s Certificate
Authorizing Suspension (See Appendices VII and VIII to this Attachment),
must ensure that the quantity of materials or goods imported free of duty from
extra-regional sources, does not exceed the quantity authorized by the
Secretary-General’s Certificate.

Step 11
The Secretary-General will report to the COTED at its next meeting, giving
particulars of any action taken by him/her under Article 83 (3) of the Revised
Treaty;

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

Step 1
The Entity that is unable to obtain supplies from within the Community must
apply to the Competent Authority in writing in the Member States concerned, i.e.
the Minister designated by each Member State for this purpose. The Entity must
also inform the Competent Authority of the quantity, standard and of efforts to
source supplies of the product from local and regional suppliers;

Step 2
The Competent Authority on receipt of a request from an Entity for a suspension
of the Common External Tariff (CET), is required to assess the ability of other
local Entities within the Member State to supply the required product by seeking
information from known suppliers whether supplies in adequate quantities and
required standards are, or are not available for the period requested. A record of
responses from local Entities must be kept by the Competent Authority to confirm
that there was adequate consultation at the national level;

Step 3
The Competent Authority having been satisfied that local Entities are unable to
supply the required product in the quantity, standard and time period required,
and that the request is not urgent or that a Meeting of the COTED is imminent,
will submit to COTED through the Secretary-General at least fourteen calendar
days prior to a scheduled Meeting of COTED (in accordance with the Rules of
Procedure of COTED), a request for a suspension of the CET on the product in
question. The request will include the summary of responses compiled locally
and is set out as Appendix II (b) to this Attachment.

Step 4
The Secretary-General will immediately circulate the submission from the
requesting Member States for the consideration of other Member States prior to
the COTED Meeting;

Step 5
The Competent Authority on receipt of the Secretary-General’s enquiry, is
required to notify the local Entities of the request to COTED and make the
information on the ability to supply available prior to or at the Meeting of COTED;
 Appendix I to Attachment I

Request from Competent Authority to Secretary-General

CARIBBEAN COMMUNITY
Draft Application for Suspension of the Common External Tariff
(For consideration by the Secretary-General under Article 83 (2) of the Revised
Treaty)

Attached for your attention is a completed request form for the suspension of the
Common External Tariff (CET) rate on the captioned items in respect of the
Government of ………………………for…………………………The Suspension is
being requested under Article83 (2),{(a),(b),(c)},and the period of rate change
sought is………………..to………………….

Further to consultations with the local business community, the Competent

Authority of (Member State) wishes to advise that the known producers provided
responses to our request for suppliers of (Requested item) dated
………………………….. as follows:

i. Company A – Unable to Supply.

ii. Company B – Unable to Supply.

OR

iii. No known suppliers exist locally.

…………………………...
Authorised signature
Date
Appendix II to Attachment I REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF UNDER
PARAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY - Page 1 of 2

(a) (b) (c) (d) (e) (f) (g)

NAMES AND TARIFF GOODS TO BE IMPORTED TECHNICAL CET RATE RATE PERIOD OF RATE
ADDRESSES OF HEADING DESCRIPTION AMOUNT SPECIFICATIONS/ PROPOSED CHANGE (WHERE
REQUESTING NO. STANDARD SUSPENSION OF
INDIVIDUAL OR RATE IS SOUGHT)
COMPANY
Qty EST.
VALUE
US $

Information must be supplied on the efforts made to source the products from Local and Regional suppliers including identifying the Member State and companies from which
supplies had been obtained prior to the present request.
REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF UNDER PARAGRAPH 3 OF ARTICLE 83
OF THE REVISED TREATY – Page 2 of 2

(h) (i) (j) (k)

CERTIFICATION OF REASON FOR REQUEST FOR EVIDENCE OF INABILITY TO EVIDENCE OF
GREAT URGENCY SUSPENSION OF RATE SUPPLY: CONSULTATION
INCLUDING:
Under Article 83 (2) LOCAL
i. Unfulfilled Orders
(a) Not being produced
regionally □

REGIONAL

(b) Does not satisfy demand □ ii. Transportation Logistics

(c) Quality below regional iii. Efforts made to obtain regional

standard □ supplies
 Appendix II (b) to ATTACHMENT I

EXPLANATORY NOTE FOR COMPLETING Appendix II to ATTACHMENT I

“REQUEST FOR SUSPENSION OF THE COMMON EXTERNAL TARIFF (CET)
UNDER PAPRAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY”.

This document contains the guidelines for completing the Request for Suspension of
the Common External Tariff following the decision of Council for Trade and Economic
Development (COTED) at its Twenty Eighth Meeting held in Barbados on 8 October
2009, to revise the procedures to be followed by the Secretary-General when
processing requests for suspensions in-between meetings of the COTED. The
Competent Authority is required in:

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

COMPANY
To provide the name of the requesting entity and its full postal and physical address. It
should also include contact information i.e. telephone and fax numbers, website and
email addresses.

Column (b) – TARIFF HEADING NO.

To provide the Tariff Heading as contained in the CET based on the Harmonized
Commodity Description and Coding System (HS) 2007.

Column (c) – GOODS TO BE IMPORTED

To provide a description of the goods to be imported, giving details of quantity and an
estimated value in United States dollars.

Column (d) – TECHNICAL SPECIFICATIONS/STANDARD

To provide physical characteristics of the item, the uniform application of which is
regionally or generally recognised in the international community.
Column (e) – CET RATE
To provide the Rate of Duty for the corresponding Tariff Heading as contained in the
CET based on the Harmonized Commodity Description and Coding System (HS) 2007.

Column (f) – RATE PROPOSED

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

Column (g) – PERIOD OF RATE CHANGE

Relates to the period of time within which the suspension of the CET will be applicable.
This period must not exceed one year when requests are made to the Secretary-
General.

Column (h) – INDICATION OF GREAT URGENCY

May include possibility of serious injury or the threat of serious injury to the firm or
economy or interruption in commercial activity.

Column (i) – REASON FOR REQUEST FOR SUSPENSION OF RATE

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

Column (j) – EVIDENCE OF INABILITY TO SUPPLY

To indicate under the relevant category what are the specific factors that prevent supply
from local or regional suppliers. Such evidence could include letters, faxes or other
written indications of the outcome of such consultations.

Column (k) – EVIDENCE OF CONSULTATION

To provide information to the satisfaction of the Secretary General that consultations
have taken place within the Requesting Member State and responding Member States.
Such evidence will include letters, faxes or other written indications of the outcome of
such consultations.
 Appendix III to Attachment I

Acknowledgement of Receipt from Secretary-General

CARIBBEAN COMMUNITY

Draft Application for Suspension of the Common External Tariff

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

Date

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

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

i. ……………………………………………………………

ii……………………………………………………………..

iii……………………………………………………………..

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

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

The processing of the request for the suspension of the CET will be in accordance with
the new procedures agreed by the COTED.

……………………………..
Secretary-General
Date
 Appendix IV to Attachment I

Secretary-General’s enquiry of Member States to supply

CARIBBEAN COMMUNITY

Draft Application for Suspension of the Common External Tariff

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

Date

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

for the Suspension of the Common External Tariff under Article 83 of the Revised Treaty
Establishing the Caribbean Community, including the CARICOM Single Market and Economy
on ……………………………………. as per attached.

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

of…………………………………………….are or are not available in the quantities, specifications,
and time period requested. You are requested to consult with all known domestic suppliers, in
order to enable the Secretary-General to make an informed determination, on whether or not to
grant the suspension.

Your response to the Secretary-General should therefore indicate:

(i) the suppliers consulted;

(ii) whether supplies are available for export from your Member State as per request and
the contact information for the suppliers; and
(iii) where supplies are not currently available, an indication of if and when supplies
would be available.

In keeping with the decision of the COTED regarding procedures relating thereto, Member
States are requested to respond by ………………….………...

……………………………
Secretary-General
Date
Appendix V to ATTACHMENT I

Response from Competent Authority to the Secretary-General’s Enquiry

CARIBBEAN COMMUNITY
Draft Application for Suspension of the Common External Tariff
(For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty)

Date

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

the Government of………………………….wishes to advise that:

It has consulted with the known producers of……………………………as follows:

(a) Supplies are available from;

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

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

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

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

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

State). This firm has the current capacity to produce (Quantity) annually, of which
(quantity) is targeted at local customers and (Quantity) for regional export.

…………………………
(Authorised signature)
Date
 Appendix VI to ATTACHMENT I

Denial of Request by Secretary-General

CARIBBEAN COMMUNITY
Draft Application for Suspension of the Common External Tariff
(For consideration by the Secretary-General under Article 83 (2) of the Revised Treaty)

Date

The Secretary-General has received in response to your request for suspension of the
Common External Tariff (CET) on ………………communication from …………… (copy
of which is attached) indicating ability to supply .

The Secretary General recommends direct communication between Requesting

Member State and Supplying Member State on the supply of Requested Item. The
contact information is as follows;

Name
Address
Telephone
Fax
Email

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

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

In the circumstances, I have to advise that authorization for suspension of the CET on
Requested Item cannot be granted at this time.

SECRETARY-GENERAL
 Appendix VII to ATTACHMENT I

Secretary-General’s Certificate Authorizing Suspension

SUSPENSION OF THE COMMON EXTERNAL TARIFF (CET) UNDER

PARAGRAPH 3 OF ARTICLE 83 OF THE REVISED TREATY
ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING
THE CARICOM SINGLE MARKET AND ECONOMY

IN PURSUANCE OF THE POWERS CONFERRED UNDER PARAGRAPH 3 OF

ARTICLE 83 OF THE REVISED TREATY ESTABLISHING THE CARIBBEAN
COMMUNITY, INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY, I
HEREBY AUTHORISE THE GOVERNMENT OF ………………….. TO SUSPEND THE
COMMON EXTERNAL TARIFF IN RESPECT OF IMPORTS OF THE FOLLOWING
ITEM(S) FROM ………………………. 200 TO ………………………….. 200.

MEMBER IMPORT TARIFF DESCRIPTION OF GOOD QUANTITY

STATE ER HEADING REQUIRED
NUMBER (kgs)

DONE AT THE CARIBBEAN COMMUNITY (CARICOM) SECRETARIAT THIS

…………. DAY OF …………………………… TWO THOUSAND AND TEN

CARIBBEAN COMMUNITY
SECRETARY-GENERAL
 Appendix VIII to Attachment I

Letter from Secretary-General Authorizing Suspension

DATE

THE COMPETENT AUTHORITY

MEMBER STATE

Dear

I wish to advise that acting under the Authority conferred on me by the COTED under
Paragraph 3 of Article 83 of the Revised Treaty Establishing the Caribbean Community,
including the CARICOM Single Market and Economy, I have authorized suspension of
the Common External Tariff (CET) by …………………….on
…………………………………………………………………………..as set down in the
attached Certificate authorising Suspension.

The suspension is granted on the basis of…………………………………………….

Yours sincerely,

SECRETARY-GENERAL
 ATTACHMENT II

STEPS OUTLINING THE NEW PROCEDURE FOR INVOKING OF

THE SAFEGUARD MECHANISM

Step 1
The Entity that is unable to obtain supplies of the input from within the Community must
apply to the Competent Authority in writing in the Member State concerned, i.e. the
Ministry designated by each Member State for this purpose. The Entity must also inform
the Competent Authority of the quantity and specification and of efforts to source
supplies of the inputs from local and regional suppliers. The Entity must endeavour to
provide evidence of unfulfilled orders, evidence of the response of the regional producer
including transportation logistics (force majeure excepted) and information showing
what efforts they have made to obtain regional supplies.

Step 2
The Competent Authority on receipt of a request from an Entity for a Certificate under
the Safeguard Mechanism, is required to assess the ability of other local Entities within
the Member State to supply the required input by seeking information from known
suppliers whether supplies in adequate quantities and required specifications are, or are
not available for the period requested. A record of responses from local Entities must be
kept by the Competent Authority to confirm that there was adequate consultation at the
national level;

Step 3
The Competent Authority having been satisfied that local Entities are unable to supply
the required input in the quantity, specifications and time period required, will submit a
Request for Invoking of the Safeguard Mechanism under Paragraphs 4-7 of Article 84 of
the Revised Treaty (See Appendices I and II to this Attachment) for the consideration
of the Secretary-General and at the same time, inform the Competent Authorities of the
other Member States of the request for a Certificate under the Safeguard Mechanism
for the input in question. The request will include the summary of responses compiled
locally and will be inserted in the attached application

Step 4
The Secretary-General being satisfied with the completeness of the information
submitted and that it is in accordance with the procedures agreed will immediately
formally acknowledge receipt of the request for Invoking of the Safeguard Mechanism
for the requested input (See Appendix III to this Attachment).

Step 5
Once the Secretary-General is satisfied that all relevant information has been submitted
in compliance with these procedures he will promptly enquire of the Competent
Authorities of the other Member States by the quickest way possible to ascertain that
supplies of the inputs are or are not available in the quantities and specifications and for
the time period requested (See Appendix IV to this Attachment).

Step 6
The Competent Authority on receipt of the Secretary-General’s enquiry, is required to
ascertain from local suppliers within the Member State that supplies of the inputs are or
are not available indicating quantity, standards and the time period requested.

Step 7
The Member States to whom the Secretary-General’s enquiries are directed are
required to respond within seven (7) calendar days of the dispatch of these enquiries,
copying their replies to the Competent Authority in the requesting Member State. The
response should include:

(a) The known suppliers consulted;

Whether supplies are available for export from your Member State as per request
and the contact information for the suppliers; In cases where a Member State is
able to supply the products requested in the required quantities, specifications,
 and for the period requested, the Competent Authority will advise the Secretary-
General that having consulted with known suppliers that supplies are available.
The Competent Authority must indicate the name and contact information of the
supplying Entity, including the quantity to be supplied and for what time period.
The Competent Authority must also include an indication of the supplier’s annual
production capacity, the supplier’s local, regional and international supply
commitments as well as an indication to supply within the timeframe requested
(See Appendix V to this Attachment);

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

(c) Where supplies of a input are available but not in the quantity requested, the
Competent Authority will so advise the Secretary-General and indicate the time
frame when it will become available

Whether or not supplies are available, the Member States enquired of are
required to respond (and the Secretary-General should insist upon receiving at
least from those Member States known to be producers of the input in question)
and to give a specific answer to the questions posed.

Where the 14 day period has elapsed and a known producer has not provided a
definitive response to the Secretary-General to the questions posed, the
Secretary General should again seek a response and after 7 calendar days,
notwithstanding that he might not have received a reply from the Competent
Authority of a known supplier, make the appropriate determination on whether to
grant the Certificate.
Step 8
(a) Upon receipt of information of a Member State’s ability to supply the input
requested, the Secretary-General will within two calendar days inform the
Competent Authority in the requesting Member State of the Supplying Member
State’s ability to supply the requested input. The Secretary-General will indicate
the contact information of the Supplying Entity (which is to include Name,
Address, Telephone, Fax and Email) and will urge direct communication between
it and the Requesting Entity. The Secretary-General will advise that a Certificate
under the Safeguard Mechanism on the requested input cannot be granted at
this time (See Appendix VI to this Attachment);

The Competent Authority in the supplying Member State will monitor whether the
supplier actually supplies the product at a reasonable time and report to the
Secretary-General on any difficulties encountered by the supplier. Where the
supplier encounters difficulties in supplying in a reasonable time-frame, the
Secretary-General will grant the Certificate under the Safeguard Mechanism
(See Appendices VII and VIII to this Attachment);

OR

(b) Upon receipt of information of a Member State inability to supply, within the
period of five calendar days after the seven-day period allotted for response of
Member States, the Secretary-General will make a decision whether to grant a
Certificate under the Safeguard Mechanism on the product in question.

Step 9
Where a private sector Entity has advised the Secretary-General that supplies of an
input is available, the Secretary-General will ascertain from the Competent Authority in
the relevant Member State and verify that the requisite consultations have been held
between the Competent Authority and their domestic suppliers of the input in question.
The Competent Authority is required to respond to the Secretary-General’s letter of
enquiry within seven calendar days.

Step 10
The Secretary-General shall inform the Member States of the issue of his Certificate
including any conditions attaching thereto and that goods manufactured from like
materials imported from outside the Community shall be deemed to be of Community
Origin.

Step 11
The Secretary-General will report to the COTED at its next meeting, giving particulars of
any action taken by him under Article 84 of the Revised Treaty.
 Appendix I to Attachment II

Request from Competent Authority to Secretary-General for Invoking

of the Safeguard Mechanism

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

Date

Attached for your attention is a completed Request for the Invoking of the Safeguard
Mechanism under Paragraph 7 of Article 84 of the Revised Treaty in
respect…………………of Tariff Heading…………………manufactured
by………………………… using extra-regional ……………………… as declared in the
Request.

Further to consultations with the local business community, the Competent Authority of
(Member State) wishes to advise that the known producers provided responses to our
request for suppliers of (Requested item) dated ………………………….. as follows:

i. Company A – Unable to Supply.

ii. Company B – Unable to Supply.

OR

iii. No known suppliers exist locally.

…………………………...
(Authorised signature)
Date
 APPENDIX II to ATTACHMENT II
REQUEST FOR THE INVOKING OF THE SAFEGUARD MECHANISM
UNDER PARAGRAPH 7 OF ARTICLE 84:
THE COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY
INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY
(PAGE 1 OF 2)

Name and Address Material Required Goods To Be Produced

of Producer/ Description
Manufacturer of Tariff Description Amount Technical Period of Tariff Amount Estimated
Goods utilizing the Heading Quantity Specifications Importation Heading No. Quantity Value
required Material No.
 REQUEST FOR THE INVOKING OF THE SAFEGUARD MECHANISM
UNDER PARAGRAPH 7 OF ARTICLE 84:
THE COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY
INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY
(PAGE 2 OF 2)

REASON FOR REQUEST FOR

THE INVOKING OF THE EVIDENCE OF INABILITY TO EVIDENCE OF REMARKS
SAFEGUARD MECHANISM SUPPLY: CONSULTATION
UNDER ARTICLE 84

INCLUDING: LOCAL

i. Unfulfilled Orders

ii. Transportation Logistics REGIONAL

iii. Efforts made to obtain regional

supplies
 Appendix III to Attachment II

Acknowledgement of Receipt from Secretary-General

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

Date

The Secretary-General acknowledges receipt of your request

dated……..………and received on………..………for the Invoking of the
Safeguard Mechanism on the items listed below:

Required Extra Regional Material Goods to be Produced

The Secretary General is initiating enquires in Member States regarding the

availability and quantities of the materials on which the Invoking of the Safeguard
Mechanism is being requested.

The processing of the request for the Invoking of the Safeguard Mechanism will
be in accordance with the new procedures agreed by the COTED.

……………………………..
Secretary-General
Date
 Appendix IV to Attachment II

Secretary-General’s Enquiry to Member States

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

Date

The Secretary General has received a request from the Government of

…………………………... for the Invoking of the Safeguard Mechanism under
Paragraph 7 of Article 84 of the Revised Treaty in respect…………………of
Tariff Heading…………………manufactured by…………………………using
extra-regional……………………………………. as per attached.

The Secretary-General is seeking your response specifically indicating that

supplies of……………………………are or are not available in the quantities,
specifications, and time period requested. You are requested to consult with all
known domestic suppliers, in order to enable the Secretary-General to make an
informed determination, on whether or not to grant the Certificate.

Your response to the Secretary-General should therefore indicate:

(iv) the suppliers consulted;

(v) whether supplies are available for export from your Member State as
per request and the contact information for the suppliers; and
(vi) where supplies are not currently available, an indication of if and when
supplies would be available.

In keeping with the decision of the COTED regarding procedures relating

thereto, Member States are requested to respond by
………………….………...
……………………………
Secretary-General
Date
 Appendix V to Attachment II

Response from Competent Authority to the Secretary-General’s Enquiry

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

Date

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

available, the Government of………………………….wishes to advise that:

It has consulted with the known producers of……………………………as follows:

(b) Supplies are available from;

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

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

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

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

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

Member State). This firm has the current capacity to produce (Quantity)
annually, of which (quantity) is targeted at local customers and (Quantity) for
regional export.

…………………………
(Authorised signature)
Date
 Appendix VI to Attachment II

Denial of Request by Secretary-General

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

Date

The Secretary General has received in response to your request for Invoking of
the Safeguard Mechanism under Paragraph 7 of Article 84 of the Revised Treaty
on ………………using extra regional materials, communication from ……………
(copy of which is attached) indicating ability to supply .

The Secretary General recommends direct communication between Requesting

Member State and Supplying Member State on the supply of Requested Item.
The contact information is as follows;

Name
Address
Telephone
Fax
Email

The Secretary General is requesting that you submit copies of the

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

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

Safeguard Mechanism under Paragraph 7 of Article 84 of the Revised Treaty on
Requested Item cannot be granted at this time.

SECRETARY-GENERAL
 Appendix VII to Attachment II

Certificate from Secretary General Granting a Certificate under

the Safeguard Mechanism

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

CERTIFICATE ISSUED PURSUANT TO PARAGRAPH 7 OF ARTICLE 84:

COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY
ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING
THE CARICOM SINGLE MARKET AND ECONOMY

PURSUANT TO THE AUTHORITY CONFERRED UPON ME BY PARAGRAPH 7 OF

ARTICLE 84: COMMUNITY RULES OF ORIGIN OF THE REVISED TREATY
ESTABLISHING THE CARIBBEAN COMMUNITY, INCLUDING THE CARICOM
SINGLE MARKET AND ECONOMY, I HEREBY ISSUE TO THE COMPETENT
AUTHORITY OF …………………. THIS CERTIFICATE WHICH SHALL
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET OUT IN (THE SAID)
ARTICLE 84 ENABLE (AS SET OUT IN THE TABLE UNDER GOODS TO
BE PRODUCED), MANUFACTURED BY…………………… USING EXTRA-
REGIONAL ………………………….(AS SET OUT IN THE TABLE UNDER MATERIALS
AUTHORISED TO BE USED) TO BE DEEMED TO SATISFY THE QUALIFYING
CONDITIONS FOR COMMUNITY ORIGIN.
MEMBE MANU- MATERIALS AUTHORISED TO BE USED GOODS TO BE PRODUCED
R FACTURE TARIFF TARIFF DESCRIPTION
STATE R HEADING DESCRIPTION AMOUNT HEADING AMOUNT
NO. (pcs) NO. (pcs)

THIS CERTIFICATE SHALL HAVE EFFECT FOR THE PERIOD

………………………….20XX TO …………………………… 20XX.

DONE AT THE CARIBBEAN COMMUNITY (CARICOM) SECRETARIAT THIS

…. DAY OF ………………………… TWO THOUSAND AND…...

SECRETARY-GENERAL
CARIBBEAN COMMUNITY
 Appendix VIII to Attachment II

Letter from Secretary General Granting a Certificate under

the Safeguard Mechanism

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

DATE

ADDRESS

Dear,

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

of Article 84 of the Community Rules of Origin of the Revised Treaty Establishing
the Caribbean Community, Including the CARICOM Single Market and Economy.
I have issued a Certificate under the Safeguard Mechanism for
……………………. to the Competent Authority of ………………………………..

Yours sincerely,

SECRETARY-GENERAL