The Montreal Protocol is an international agreement that controls the production and consumption of specific man-made chemicals that destroy the ozone layer, the earth's protective shield. Ozone is a gas that is naturally present in the atmosphere. The large amount of ozone in the part of the upper atmosphere known as the stratosphere is often referred to as the “ozone layer”. This layer encircles the entire globe and acts as a filter for harmful ultraviolet radiation (UV-B). UV-B radiation is a highly energetic light that originates from the sun, and ozone molecules reduce the amount of UV-B radiation reaching the surface of the earth. The ozone layer is destroyed by ozone-depleting substances (ODS) when those chemicals are released into the atmosphere and then react with the ozone molecules.

Elevated ultraviolet radiation reaching the earth as a result of ozone depletion can have major impacts on life and nature, including skin cancer and cataracts and weakened immune systems. It also can damage terrestrial plant life, including crops, and aquatic ecosystems.


The Basel Convention on the “Control of Trans-boundary Movements of Hazardous Wastes and their Disposal” was adopted in 1989 and entered into force on 5 May 1992. The Convention responds to the international community's problems stemming from the worldwide production of hundreds of millions of tonnes of wastes, some of which is moved and dumped in ways that are not environmentally sound. This global environmental treaty strictly regulates the transboundary movements of hazardous wastes and obligates its 170 Parties to ensure that such wastes are managed and Disposed of in an environmentally sound manner.


Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

A treaty in force since 1975, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) regulates and monitors the international trade in many species of wildlife and plants. Currently, 172 countries are co-operating through a system of permits and certificates , similar to 'eco-labels', to confirm that trade in listed wildlife and plants, including parts and derived products, is legal and does not threaten their survival in the wild.

CITES is designed to prevent the further decline of wild populations and to ensure that trade is based on the sustainable use and management of wild and captive populations. So far, the Convention has been the largest and, by some accounts, the most effective international wildlife conservation agreement. Certain good practices may be applied to the Montreal Protocol and vice versa. CITES has also developed its own specific Customs training (available in CD-ROM format).


Rotterdam Convention

International concern about the risks arising from uncontrolled trade in extremely hazardous chemicals and pesticides led to the adoption of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade in which 119 countries actively participate. The Convention, which came into force on 24 February 2004, establishes controls on the trade in hazardous chemicals and aims to empower governments to monitor and control cross-border trade. Because trade is just one avenue for the spread of highly dangerous substances, further agreements are needed to prevent dangerous chemicals such as persistent organic pollutants from being released into the environment where they pose a threat to people and wildlife. The Rotterdam Convention will also develop Customs training in the future.


The Stockholm Convention on Persistent Organic Pollutants (POPs) entered into force on 17 May 2004. POPs are man-made chemicals with the following characteristics:

  1. persistent—they remain intact in the environment for long periods;
  2. organic— they are carbon-based compounds and mixtures;
  3. pollutant—they are introduced into the environment and adversely affect the health of humans, animals and ecosystems.

Even low levels of POPs can damage the nervous system, affect the immune and reproductive systems and produce developmental disorders and cancers. Thus these chemicals must be monitored. Obligations relevant to import/export activities cover only intentionally produced POPs. The import or export of POPs included in the Convention is allowed only for the purpose of environmentally sound disposal or for a use permitted under the Convention for the importing party. All other imports or exports are prohibited. The role of the Customs authorities of Parties to the Convention in its implementation is to ensure application of the obligations on international trade under the Convention at the national level and thus participate in national efforts to ensure compliance with the Convention.


Convention on Biological Diversity and its Cartagena Protocol on Biosafety

In its regulatory objective and approach, the Cartagena Protocol, which entered into force on 11 September 2003, is much like the Basel Convention and the Rotterdam Convention. In particular:

The Biosafety Protocol essentially provides for procedures, such as the advance informed agreement procedure, which applies to the transboundary movements of living modified organisms that are destined for introduction into the environment of the importing Party.


Organisation for the Prohibition of Chemical Weapons

The Chemical Weapons Convention (CWC), which entered into force on 29 April 1997, is an international treaty that bans the use of chemical weapons and aims to eliminate chemical weapons worldwide, forever. The Convention provides the basis for the Organisation for the Prohibition of Chemical Weapons (OPCW), which monitors the destruction of existing declared stocks of chemical weapons and the facilities used to produce chemical weapons, and checks industrial sites to ensure that chemicals monitored under the Convention are used in accordance with the chemical weapons ban. The OPCW also promotes international co-operation and the exchange of scientific and technical information, so that people and governments can benefit from the peaceful uses of chemistry.

The Caribbean Community (CARICOM), is an organisation of 15 Caribbean nations and dependencies. CARICOM's main purposes are to promote economic integration and cooperation among its members, to ensure that the benefits of integration are equitably shared, and to coordinate foreign policy. Its major activities involve coordinating economic policies and development planning; devising and instituting special projects for the less-developed countries within its jurisdiction; operating as a regional single market for many of its members (Caricom Single Market); and handling regional trade disputes. The secretariat headquarters is based in Georgetown, Guyana.


 

The Caribbean-Canada Trade Agreement known as ("CARIBCAN") is a Canadian government programme, established in 1986 by the Parliament of Canada . The agreement was created to promote trade, investment and provide industrial cooperation through the preferential access of duty-free goods from the countries of the Commonwealth-Caribbean to the Canadian market.
 
Features of the agreement also include: seminars for businesspersons of the Caribbean region to learn more about developing a market for their products in the Canadian market, a programme to expand exports capabilities by Caribbean businesses and also the assistance of the Canadian Department of Industry and Technology in the Caribbean region for regional trade commissioners with the aim of trade promotion efforts to the Canadian market.
 
According to the DFAIT: the "CARIBCAN's basic objectives, then, are to enhance the Commonwealth Caribbean's existing trade and export earnings; improve the trade and economic development prospects of the region; promote new investment opportunities; and encourage enhanced economic integration and cooperation within the region."
 
Countries in CARIBCAN
Canada -- Anguilla, Antigua and Barbuda, the Bahamas, Bermuda, Barbados, Belize, the British Virgin Islands, the Cayman Islands, The Commonwealth of Dominica, Grenada, the Co-operative Republic of Guyana, Jamaica, Montserrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, the Republic of Trinidad and Tobago, and the Turks and Caicos Islands.
 
Exempted items
The CARIBCAN agreement does not cover duty-free access for the following items:
  • Textiles and apparel,
  • footwear,
  • luggage and handbags,
  • leather garments,
  • lubricating oils and
  • methanol.
Other items are eligible for duty-free status if they can be certified as being either grown, manufactured or produced within the Commonwealth-Caribbean or Canada. The definition to be designated as Caribbean as its origin is; 'having a minimum input of 60 percent of the ex-factory price of the goods (including overhead and reasonable profits) originating within any of the Commonwealth Caribbean countries(or Canada). The goods must also be exported directly from the Caribbean to Canada with no other work carried out at foreign transshipment points.
 
Future
This agreement after running its course for around twenty years, has been slated to be replaced by a full composit Caribbean-Canada Free Trade Agreement, with reciprocal equal access for Canadian companies to the Caribbean market as well.

The Lomé Convention is a trade and aid agreement between the European Community (EC) and 71 African, Caribbean, and Pacific (ACP) countries, first signed in February 1975 in Lomé, Togo.
 
The first Lomé Convention (Lomé I), which came into force in April 1976, was designed to provide a new framework of cooperation between the then European Community (EC) and developing ACP countries, in particular former British, Dutch, Belgian and French colonies. It had two main aspects. It provided for most ACP agricultural and mineral exports to enter the EC free of duty. Preferential access based on a quota system was agreed for products, such as sugar and beef, in competition with EC agriculture. Secondly, the EC committed ECU 3 billion for aid and investment in the ACP countries.
 
The convention was renegotiated and renewed three times. Lomé II (January 1981 to February 1985) increased aid and investment expenditure to ECU 5.5 billion. Lomé III came into force in March 1985 (trade provisions) and May 1986 (aid), and expired in 1990; it increased commitments to ECU 8.5 billion. Lomé IV was signed in December 1989. Its trade provisions cover the ten years, 1990 to 1999. Aid and investment commitments for the first five years amounted to ECU 12 billion. In all, some 70 ACP countries are party to Lomé IV, compared with 46 signatories of Lomé I.
 
Lomé development aid was dispersed primarily through the European Development Fund; investment assistance was mainly channelled through the European Investment Bank. Two other important mechanisms were the Stabex and Sysmin schemes, which provided compensatory finance to ACP states for adverse fluctuations in the world prices of, respectively, key agricultural and mineral exports.
 
The emergence of the single European market at the end of 1992 affected ACP preferential access to EU markets. The Caribbean's many smallholder banana farmers argued for the continuation of their preferential access to traditional markets, notably Great Britain. They feared that otherwise the EU would be flooded with cheap bananas from the Central American plantations, with devastating effects on several Caribbean economies. Negotiations led in 1993 to the EU agreeing to maintain the Caribbean producers' preferential access until the end of Lomé IV, pending possible negotiation on an extension.
 
In 1995, the United States government petitioned to the World Trade Organization to investigate whether the Lomé IV convention has violated WTO rules. Then later in 1996, the WTO Dispute Settlement Body ruled in favor of the plaintiffs, effectively ending the cross-subsidies that had benefited ACP countries for many years. But the US remained unsatisfied and insisted that all preferential trade agreements between the EU and ACP should cease. The WTO Dispute Settlement Body established another panel to discuss the issue and concluded that agreements between the EU and ACP were indeed not compatible with WTO regulations. Finally, the EU negotiated with the US through WTO to reach an agreement.
 
Replacement
In June 2000, after a quarter of a century of the Lomé Convention being the cornerstone of trade and aid between Europe and the developing world, a new trade and aid agreement was reached between the EU and 71 ACP countries. The treaty, which replaced Lomé IV, became known as the Cotonou Agreement, after Cotonou in Benin , where the convention for the agreement was held. The convention was scheduled to be held in Fiji, but this plan had to be revised due to domestic political difficulties.
 
The Cotonou Agreement is expected to run for 20 years. The new deal transforms the previous convention into a system of trade and cooperation pacts with individual nations. Some of the poorer ACP states will continue to enjoy virtually free access to European markets and there will be regional free trade agreements between the EU and better-off developing countries. The Cotonou Agreement has been criticised for moving from partnership, to excessive and unhelpful conditionality upon ACP countries. The ACP countries the Lomé Convention initially helped were economically hindered as the Cotonou Agreement was not particularly advantageous to the ACP countries.

The Economic Partnership Agreement (EPA) was signed by the 27 European Union member states and 14 CARIFORUM states (all except Haiti) in October 2008 and it came into effect through provisional application in December 2008. It replaces the trade provisions of the Cotonou Agreement, signed in 2000, in which the European Community unilaterally granted African, Caribbean and Pacific (ACP) countries non-reciprocal market access to Europe on more favourable terms than those enjoyed by goods from other countries. There was special access for some traditional exports like sugar, rum, rice into the European market which was very important to ACP countries.

The Cotonou's non-reciprocal trade preferences required a waiver in the World Trade Organization (WTO) because it was contrary to the basic rule enshrined in Article 1 of the GATT, that all members must be treated no less than any other member (most favoured nation (MFN) principle) unless they belong to a regional trade agreement or economic integration agreement which meets the substantive criteria of Article XXIV of the GATT or Article V of the General Agreement on Trade in Services (GATS) respectively. In exchange for the waiver, the EU and ACP states had agreed to replace the Cotonou preferential trade arrangement with a reciprocal, WTO-compatible agreement by the end of 2007. The CARIFORUM-EC EPA is the first EPA to be completed between Europe and one of the six sub-regions of the ACP.

CARIFORUM members of the EPA: Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago.

European Union members of the EPA: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

RULES GOVERNING THE APPLICATION OF THE LIST OF CONDITIONAL DUTY EXEMPTIONS
     
1.
 
 
A Member State may refuse to grant full duty exemption for any good eligible thereof under the List and may choose instead to apply a level of tariff on such good not higher than that provided in the Schedule of Tariff Rates.
 
 
 
2.

 
 
In a number of cases (for example, in connection with shipping and aircraft, for health, governmental, social and cultural purposes), while the scope of the duty exemption has been specified, each Member State is free to approve the beneficiaries (whether the individual, the institution or the organization) of the exemption.
 
 
 
3.

 
 
The reference in the List to goods for the use of international organizations or their personnel is understood to include inter-governmental organizations operating within the Common Market pursuant to an agreement in force between such organizations and the Govenment of one or more Member States.
 
 
 
4.

 
(a)

 
Where the goods produced by an enterprise do meet the qualifying conditions set down with respect to those goods in Schedule II to the Common Market Annex to the Treaty, that enterprise will not qualify for exemption from duty with regard to the materials utilised in the production of those goods.
 
 
 
 
(b)
This Rule will not apply to goods which are produced for export to third countries.
 
 
 
 
(c)
The Rule will have effect only with regard to concessions approved following entry into force.
 
 
 
 
(d)

 
This Rule will enter into force concurrently with the entry into force of the amended Common Market Origin rules established by the Council in July 1990, and the agreement by the Council with respect to the amendment of the Harmonised Scheme for Fiscal Incentives to take account of the provision of this rule.
 
 
 
5.
(a)
 
The items set down in Part I of the List of Ineligibles appended to the List of Conditional Duty Exemptions shall not be eligible for exemption or reduction of duty where they are imported for use in Industry, Agriculture, Forestry, Fisheries and Mining, except:
 
 
 
 
-
when the item is imported for use in new investment or substantial expansion; or
 
 
 
 
-

 
when the item is provided by a country or an international institution in the context of development finance with a view to assisting the economic development of the importing Member State, and when the agreement between the importing Member State and the donor country or international institution requires sourcing from a particular extra-regional source on a concessional duty basis.
 
 
 
 
(b)



 
The items set down in Part I and Part II of the List of Ineligibles appended to this List of Conditional Duty Exemptions shall not be eligible for exemption or reduction of duty where they are imported for use in circumstances contemplated in Section XI - For Other Approved Purposes (excluding 23 - Goods [including foodstuff] imported for use in rehabilitation or relief following natural disaster, as approved by the Competent Authority), except that this ineligibility will not apply where the Competent Authority is satisfied that the items are gifts or have been provided on a concessional basis.

 

Statutory Rules and Orders No. 42 of 2009
LIST OF CONDITIONAL DUTY EXEMPTIONS
 
 
 
General Heading
Item No.
Academic Robes
1
Advertising Material
2
Agriculture
3 (a)
 
3 (b)
 
3 (c)
 
3 (d)
 
3 (e)
Aircraft
4 (a)
 
4 (b)
 
4 (c)
 
4 (d)
Alliance Francaise
5
Archaeological Sites and Artifacts
6
Blind and Disabled
7 (a)
 
7 (b)
Computers
8
Containers
9
Contracts between Persons, Companies or Organisations and Government of Grenada
10
Cotton Goods
11
Coverings or Packages
12 (a)
 
12 (b)
Cultural Activities
13 (a)
 
13 (b)
 
13 (c)
 
13 (d)
Diplomatic, Consular and Other Representatives of Foreign States
14 (a)
 
14 (b)
 
14 (c)
Duke of Edinburgh Award Scheme
15
Economic and Social Development
16 (a)
 
16 (b)
Emblems
17
Family Planning
18
Films, Film Strips, Video and Sound Recordings (Educational, Scientific and Cultural)
19
Fisheries
20
Gifts, Charitable and Public
21 (a)
 
21 (b)
Governor-General
22
Government
23
GSPCA
24
Handicapped - Mentally or physically
25
Health Institutions
26 (a)
 
26 (b)
Household Effects
27 (a)
 
27 (b)
 
27 (c)
Indigent Children
28
Industry, incl. Forestry and Mining
29 (a)
 
29 (b)
 
30
Museum
31
Peace Corps
32
Personal Effects
33 (a)
 
33 (b)
 
33 (c)
Prime Minister
34
Protective Clothing
35
Public and Contract Officers
36 (a)
 
36 (b)
 
36 (c)
Public Bodies or Institutions
37
Public Utilities
38
Red Cross Society
39
Relief Supplies
40
 
41 (a)
 
41 (b)
 
41 (c)
 
41 (d)
 
41 (e)
 
41 (f)
 
42
Schools
43 (a)
 
43 (b)
 
43 (c)
Sporting Goods and Equipment
44
St. John's Ambulance Brigade
45
Bureau of Standards
46
Students
47 (a)
 
47 (b)
Technical Assistance
48
Television and Radio Broadcasting and Amateur Radio Operators
49 (a)
 
49 (b)
Tombstones and Memorials
50
Tourism
51 (a)
 
51 (b)
 
51 (c)
Trophies
52
Youth and Other Organisations
53
 
 
PART I
LIST OF COMMODITIES INELIGIBLE FOR CONDITIONAL DUTY EXEMPTIONS
 
 
 
PART II
LIST OF COMMODITIES INELIGIBLE FOR CONDITIONAL DUTY EXEMPTIONS

 

ARRANGEMENT OF SECTIONS ACT 9 of 2015
 
PART I
PRELIMINARY
 
PART II
ADMINISTRATION
 
PART III
CUSTOMS CONTROLLED AREAS
 
PART IV
ARRIVAL AND DEPARTURE
 
PART V
IMPORTATION
 
PART VI
EXPORTATION AND LOADING
 
PART VII
COASTING TRADE
 
PART VIII
WAREHOUSING
 
PART IX
DUTIES, REFUNDS AND DRAWBACK
 
PART X
RECORDKEEPING
 
PART XI
PROHIBITED AND RESTRICTED GOODS
 
PART XII
COMMUNITY ORIGIN GOODS
 
PART XIII
POWERS
 
PART XIV
OFFENCES
 
PART XV
FORFEITURE AND SALE OF GOODS
 
PART XVI
CUSTOMS PROCEEDINGS
 
PART XVII
CUSTOMS APPEAL COMMISSION
 
PART XVIII
COURT PROCEEDINGS
 
PART XIX
PROOF IN PROCEEDINGS
 
PART XX
AGENTS
 
PART XXI
MISCELLANEOUS
 
Copies of the Customs Legislation Act 9 of 2015 are available at the Government Printery @ $110.00 per copy.

Contact Information

Grenada Customs & Excise Division
Burns Point, St. George's
Grenada, West Indies.
Tel.: (473) 440-2239/2240/3588
Customs MIS: (473) 435-9622/23
Fax: (473) 440-5038
Email: gdcustoms@spiceisle.com

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