…in response to TCL’s application to CCJ charging Guyana of contempt
In response to Trinidad Cement Limited (TCL) and its subsidiary, TCL Guyana Incorporated’s (TGI’s) application to the Caribbean Court of Justice (CCJ) requesting that the court hold the Guyana Government in contempt for failing to implement the Common External Tariff (CET) on cement from non-CARICOM (Caribbean Community) sources as ordered by the court, Attorney General (AG), Charles Ramson, issued a statement to the Government Information Agency (GINA) today, when he stressed that there has never been a disregard for the law within Government.

The AG explained that Government had willingly admitted that it was in breach of the rule requiring the imposition of the tariff on cement before the court, noting that there were extenuating circumstances as regional cement supplies, including the plaintiff, could not meet the needs of Guyana’s booming construction industry.

He stressed that it has been estimated that the country, over the coming year, requires 432,000 metric tonnes of cement to meet its demand, or 36,000 metric tonnes per month.

This demand, the AG explained, cannot be easily met by the regional producers. To highlight this point, he noted that the entire cement industry in Barbados could only supply 18,000 metric tonnes of cement per month, which is only 50% of Guyana’s demand.
Guyana’s efforts
AG Ramson was insistent that Government has always tried to remain within the confines of the law and had filed on June 30, before the court’s earlier ruling, an application with the Council for Trade and Economic Development (COTED), the body that rules on intra-regional trade matters, seeking a waiver of the CET on imports of cement from non-CARICOM countries.

However, he noted that Trinidad and Tobago and Barbados, which have cement-producing companies, have objected to the granting of the waiver.

He further stated that the Minister of Foreign Affairs, Foreign Trade and International Cooperation, Carolyn Rodrigues-Birkett, will be attending a COTED meeting in Barbados today when this matter will be on the agenda.

The AG also indicated that Guyana had filed an application with the CCJ seeking an extension until December 31 of this year to follow the ruling of the court and a video conference on that application is expected to be held on October 14.

Asked whether this new application by TCL would have any effect on Guyana’s efforts to secure an extension, the AG explained that such an action is merely a tactic that seeks to unbalance an opponent in a legal battle (in this case, Guyana represented by its Attorney General).

He repeated that Guyana is only seeking to satisfy the cement needs of its booming construction industry, and is in no way trying to undermine the public’s confidence in the court, as a press release from TCL claims. Further, should Minister Rodrigues-Birkett be successful in lobbying COTED for a waiver of the CET, the matter would become moot.