– following review of OECS States’ trade in services and investment legislation
A consultancy tasked with undertaking a review of the legislation of the Organisation of Eastern Caribbean States (OECS) with regard to implementation of their Trade in Services and Investment obligations under the CARIFORUM-EU Economic Partnership Agreement (EPA) is nearing completion. It was launched in November 2010. In collaboration with the EPA Implementation Unit of the Caribbean Community (CARICOM) Secretariat and the OECS Secretariat, the General Secretariat of the Organization of American States (GS/OAS) contracted a consultant to work with the Governments of Antigua and Barbuda, Dominica, Grenada, St Kitts and Nevis, Saint Lucia and St Vincent and the Grenadines in the implementation of the CARIFORUM-EU EPA, with a view to:
1. Identifying, for each OECS Member State, pieces of legislation related to Trade in Services and Investment that need to be brought into conformity with the Agreement, including suggested legislative changes and drafting instructions, and,2. Identifying and designing possible projects for ensuring conformity of the OECS countries’ legislation with the CARIFORUM-EU EPA.

A draft final report identifying, for each OECS Member State, legislation related to Trade in Services and Investment that needs to be brought into conformity with the CARIFORUM-EU EPA, as well as the design of possible projects to fill the gaps identified in the above mentioned report, is currently under review, according to a statement yesterday from CARICOM.

The Trade in Services and Investment Specialist in the EPA Implementation Unit in the Secretariat, Ms S.H. Allyson Francis, revealed that the consultant’s findings indicate “there will be a need for legislative changes, as regards allowing EU nationals to enter these States to provide Services and in the granting of national treatment.”
She underscored, “there is also a need for policy and legislative development in areas where legislation is not in place, such as professional services and e-commerce.”

Ms Francis identified as the next step the convening of a meeting for the OECS sub-regional grouping, to further examine the findings of the consultancy. It is set for June 2011, and will be organized by the EPA Implementation Unit of the CARICOM Secretariat, the OECS Secretariat and the GS/OAS. Trade and legal officials from those States are expected to attend.

A similar consultancy was launched earlier this year, and is geared at another subset of CARIFORUM States. Its main components will be an in-depth assessment of the regulatory framework for trade and investment in services in five Caribbean economies, namely Barbados, Belize, Guyana, Jamaica, and Trinidad and Tobago, vis-à-vis obligations on trade and investment in services featured in international free trade agreements. The specific objective is to enhance the implementation and negotiation capacity of Caribbean countries and regional bodies, through the development of knowledge on the regulatory framework in key services sectors and their actual and potential conflict with disciplines in trade agreements. In particular, the consultancy seeks to produce an in-depth analytical work on the current regulatory framework of trade in services in the Caribbean, in light of the challenges posed by the implementation of CARIFORUM–EU EPA commitments. The priority issues
in this regard include the assessment of horizontal regulation that affects all modes of services supply, including foreign investment, as well as the focus on key services sectors for the Caribbean, such as transport and logistics services; professional services; ICT and related services; and tourism services.

The fifteen signatory Caribbean Forum of African, Caribbean and Pacific (CARIFORUM) States to the EPA are the independent CARICOM Member States and the Dominican Republic.