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World Trade Organization |
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WT/TPR/S/190/ATG | |
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(07-3983) |
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Trade Policy Review Body |
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TRADE POLICY REVIEW Report by the Secretariat ANTIGUA AND BARBUDA |
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This report, prepared for the second Trade Policy Review of Antigua and Any technical questions arising from this report may be addressed to Mr. Angelo Silvy (tel. 022 739 5249), and Ms. Katie Waters (tel. 022 739 5067). Document WT/TPR/G/190/ATG contains the policy statement submitted by |
Note: This report is subject to restricted circulation and press embargo until the end of the first session of the meeting of the Trade Policy Review Body on Antigua and Barbuda.
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I. Economic environment 1
(1) Structure of the Economy, Output, and Employment 1
(2) Fiscal Policy 3
(3) Monetary and Exchange Rate Policy 4
(4) Balance of Payments, Trade and Investment Flows 5
(5) Outlook 6
II. trade AND INVESTMENT policy framework 7
(1) General Constitutional and Legal Framework 7
(2) Trade Policy Formulation and Implementation 8
(3) Foreign Investment Regime 9
(4) International Relations 10
(i) World Trade Organization 10
(ii) Preferential agreements and arrangements 11
III. trade policies and practices by measure 12
(1) Measures Directly Affecting Imports 12
(i) Customs procedures, documentation, and registration 12
(ii) Customs valuation 13
(iii) Rules of origin 14
(iv) Tariffs, and other charges on imports 14
(v) Other levies and charges 18
(vi) Import prohibitions, restrictions, and licensing 18
(vii) Contingency measures 21
(viii) Technical regulations and standards 21
(ix) Sanitary and phytosanitary measures 23
(2) Measures Directly Affecting Exports 25
(i) Documentation, export taxes and restrictions 25
(ii) Export subsidies, financing, support and promotion 25
(3) Measures Affecting Production and Trade 27
(i) Legal framework for business and taxation 27
(ii) Incentives and assistance 28
(iii) Competition policy and regulatory issues 29
(iv) Government procurement 30
(v) Intellectual property rights 31
IV. trade policies by sector 33
(1) Agriculture 33
(2) Manufacturing 34
(3) Services 34
(i)
(ii) Telecommunications 35
(iii) Financial services 37
Page
(iv) Air transport 39
(v) Maritime transport 41
(vi) Tourism 42
(vii) Professional services 44
(viii) Other offshore services 46
referEnces 47
APPENDIX TABLES 49
TABLES
I. ECONOMIC ENVIRONMENT
I.1 Basic macroeconomic indicators, 2000-06 2
I.2 Balance of payments, 2001-06 5
II. TRADE AND INVESTMENT POLICY FRAMEWORK
II.1 Notifications to the WTO, 2001-07 11
III. TRADE POLICIES AND PRACTICES BY MEASURE
III.1 Structure of the tariff, 2006 15
III.2 Items subject to a 5% customs service tax 15
III.3 Summary analysis of the MFN tariff, 2006 16
III.4 Import licensing requirements 20
III.5 Participation in intellectual property conventions and agreements 31
APPENDIX TABLES
I. ECONOMIC ENVIRONMENT
AI.1 Merchandise exports and re-exports by group of products, 2000-06 51
AI.2 Merchandise imports by group of products, 2000-06 52
AI.3 Merchandise exports and re-exports by trading partner, 2000-06 53
AI.4 Merchandise imports by trading partner, 2000-06 54
I. Economic environment
(1) Structure of the Economy, Output, and Employment
1.
2. Traditionally, financial services have been important for
3.
4. GDP growth was relatively low during 2000-02, but economic growth has picked up since 2003 (Table I.1). Economic activity slowed somewhat in 2005 but accelerated considerably in 2006, with growth estimated at 12%. This reflects recovery in the tourism sector, but especially strong acceleration of construction activity ahead of the 2007 Cricket World Cup, as well as the implementation of some private projects linked to tourism. Growth in 2006 exceeded the initial estimates of around 8%.[2] Strong construction activity, in particular in 2005, is reflected in the substantial gain of GDP share of gross capital formation; this ratio is generally high in
5.
6. Since 2004, various structural reforms have been introduced. In particular, governance has been strengthened through the approval of the Integrity in Public Life Act and the Anti-Corruption Act, the granting of discretionary tax concessions has been tightened, the tax system has been overhauled, and social programmes have been expanded. According to the IMF, there is a need for pension reform to ensure the viability of the
Basic macroeconomic indicators, 2000-06
|
|
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
|
Real sector |
|
|
|
|
|
|
|
|
Nominal GDP at market prices (EC$ million) |
1,796.3 |
1,882.9 |
1,929.5 |
2,036.7 |
2,210.0 |
2,349.9 |
2,694.8 |
|
Nominal GDP at basic prices (EC$ million) |
1,555.9 |
1,620.2 |
1,651.9 |
1,728.4 |
1,840.4 |
1,970.5 |
2,250.4 |
|
Real GDP at basic prices (EC$ million) |
1,249.8 |
1,269.0 |
1,294.6 |
1,350.4 |
1,420.9 |
1,496.3 |
1,668.6 |
|
GDP per capita at market prices(EC$) |
24,842.0 |
24,489.0 |
24,635.0 |
25,529.0 |
27,193.0 |
28,385.0 |
31,969 |
|
GDP per capita at basic prices(EC$) |
21,517.0 |
21,073.0 |
21,091.9 |
21,664.8 |
22,645.5 |
23,801.9 |
26,685.6 |
|
GDP growth (real, market prices) |
1.5 |
2.2 |
2.5 |
5.2 |
7.2 |
4.6 |
12.0 |
|
GDP growth (real, basic prices) |
3.3 |
1.5 |
2.0 |
4.3 |
5.2 |
5.3 |
11.3 |
|
GDP components (% of GDP) |
|
|
|
|
|
|
|
|
Total consumption (% of GDP) |
56.7 |
57.2 |
59.0 |
58.4 |
55.7 |
52.8 |
.. |
|
Private consumption (% of GDP) |
34.5 |
34.1 |
32.8 |
38.1 |
35.8 |
33.8 |
.. |
|
Government consumption (% of GDP) |
22.3 |
23.1 |
26.1 |
20.3 |
20.0 |
19.0 |
.. |
|
Gross fixed capital formation (% of GDP) |
48.0 |
49.8 |
51.3 |
51.8 |
49.9 |
58.9 |
.. |
|
Exports of goods and services (% of GDP) |
70.2 |
63.4 |
56.0 |
60.8 |
63.9 |
59.6 |
.. |
|
Goods |
7.9 |
5.9 |
0.9 |
6.0 |
6.8 |
6.6 |
.. |
|
Non-factor services |
62.3 |
57.5 |
55.2 |
54.8 |
57.1 |
53.0 |
.. |
|
Imports (% of GDP) |
74.9 |
71.5 |
68.7 |
67.2 |
65.4 |
65.4 |
.. |
|
Goods |
51.5 |
46.1 |
47.0 |
46.8 |
46.3 |
47.7 |
.. |
|
Non-factor services |
23.5 |
24.3 |
24.0 |
24.1 |
23.3 |
23.5 |
.. |
|
Gross national savings (% of GDP) |
38.0 |
40.5 |
36.0 |
38.3 |
39.7 |
43.3 |
.. |
|
Foreign savings (% of GDP) |
10.0 |
9.3 |
15.3 |
13.5 |
10.2 |
15.6 |
.. |
|
Consumer price index (period average) |
0.7 |
1.5 |
2.4 |
2.0 |
2.0 |
2.1 |
1.8 |
|
Implicit gross value added deflator |
0.6 |
2.6 |
-0.1 |
0.3 |
1.2 |
1.7 |
2.4 |
|
General government finance (% of GDP) |
|
|
|
|
|
|
|
|
Current revenue |
18.1 |
18.9 |
20.1 |
20.8 |
21.4 |
21.0 |
22.5 |
|
of which, tax revenue |
15.8 |
16.9 |
18.0 |
18.8 |
19.3 |
19.4 |
21.2 |
|
of which taxes on international trade |
10.1 |
10.4 |
10.8 |
11.1 |
12.4 |
11.9 |
12.0 |
|
of which |
|
|
|
|
|
|
|
|
Consumption tax |
4.0 |
4.1 |
4.2 |
4.2 |
4.5 |
4.4 |
4.6 |
|
Import duties |
3.2 |
3.0 |
2.8 |
2.8 |
2.8 |
3.0 |
3.0 |
|
Customs service charge on imports |
1.5 |
2.1 |
2.5 |
2.6 |
2.7 |
2.8 |
2.9 |
|
Current expenditure |
26.6 |
25.6 |
28.2 |
24.4 |
25.0 |
24.0 |
23.9 |
|
Current account balance |
-8.5 |
-6.7 |
-8.3 |
-3.7 |
-3.7 |
-3.0 |
-1.3 |
|
Primary balance |
0.0 |
-6.9 |
-6.9 |
-2.4 |
2.0 |
21.8 |
-2.9 |
|
Overall fiscal balance (% of GDP) |
-6.3 |
-10.9 |
-11.8 |
-6.2 |
-3.0 |
18.0 |
-6.5 |
|
Total public debt (% of GDP) |
129.9 |
128.6 |
136.6 |
137.4 |
102.0 |
104.7 |
113.1 |
|
Money and interest rates |
|
|
|
|
|
|
|
|
Money supply, M1 (end of period) |
9.4 |
8.0 |
0.3 |
20.0 |
20.3 |
18.2 |
22.1 |
|
Broad money, M2 (end of period) |
5.7 |
4.8 |
3.9 |
21.1 |
9.2 |
6.9 |
13.4 |
|
Prime lending rate (% per annum) |
10-12.0 |
10-11.5 |
10.5-11 |
10-11.0 |
10-11.5 |
10-11.5 |
10-11.5 |
|
Other lending rates |
6.5-24.0 |
6.5-22.0 |
6.5-22.5 |
3.0-23.6 |
3.0-23.6 |
4.0-23.6 |
4.0-29.0 |
|
Savings rate |
4.0-8.0 |
4.0-8.0 |
3.0-8.0 |
3.0-4.5 |
3.0-5.0 |
3.0-4.25 |
3.0-4.75 |
.. Not available.
Source: Information provided by the authorities; and ECCB (2006a), (2006b) and (2007a).
7. There are no national statistics on employment. The informal sector is relatively large; a recent IMF study has estimated informal activity at some 31.2% of GDP.[6]
(2) Fiscal Policy
8. Fiscal policy is the responsibility of the Ministry of Finance and Economy. It is the main macroeconomic instrument actively used to affect output, as
9. Due to the high dependency on taxes on foreign trade for revenue, fiscal policy has a strong link with trade policy. Tariffs and other taxes on international trade represented 54.5% of total government revenue in 2006. The main single source of indirect tax revenue is the consumption tax, followed by tariffs and customs service charges; collection has been increasing more rapidly for the latter than for the other two.
10. Between 2000 and 2002, current expenditure increased rapidly and its share of GDP rose, leading to a widening of the current account deficit; this increase has been faster than the decline in capital outlays, so the overall fiscal balance has deteriorated. Since 2003, partly as a result of more rapid growth, a reduction in capital spending, improved revenue collection, and higher revenue following a tightening of the concessions regime, fiscal accounts have improved, with the primary balance posting a surplus in 2005, but returning to deficit in 2006. In 2005 and 2006, tax revenue growth was supported by the reintroduction of the personal income tax. The improvement in the fiscal accounts has occurred despite increased expenditures, due to the implementation of new social programmes, and of higher capital expenditures in advance of the 2007 Cricket World Cup (although these expenditures have been partly grant financed), and an increase in the number of Government Ministries, which has increased the wage bill and expenditure on goods and services.
11. The overall fiscal deficit rose to 11.8% of GDP in 2002, before declining to 3% in 2004. Deficits have been financed to a large extent by arrears. The Government's overall account showed a surplus of 18% in 2005, which reflects almost entirely the Italian Government's decision to clear loans to
12. The Government is conducting a major revision of the tax regime. An Antigua and Barbuda Sales Tax (ABST), imposed on both domestic and imported goods and services, was introduced in January 2007, replacing several taxes, including the consumption tax, as well as taxes applied under the Hotel Tax Act, the Hotel Guest (Levy) Act, the Restaurant and Catering Services Act, and the Telecommunications Act. The general rate under the ABST is set at 15%, while the rate for the hotel sector is set at 10.5% (Chapter III(i)(v)). The ABST is expected to generate over 30% of revenue from indirect taxes. Other fiscal measures adopted recently include the reintroduction of the personal income tax in April 2005; moving the property tax to a market-value-based system, effective January 2007; and the implementation of a public sector investment programme mechanism to permit a more rational and transparent allocation of capital expenditure. The Government is conducting a programme of public sector transformation to increase the efficiency of government service provision and reduce the size of the civil service. Consideration is also being given to pension reform (see above). The Government is also engaged in the implementation of a debt management programme.
13. Fiscal reform seems to be paying off, since the 2006 current account deficit was equivalent to 1.3% of GDP, well below the 3% deficit recorded in 2005. According to the ECCB, this was traced to a higher rate of growth in revenue relative to the increase in expenditure, attributable to a programme of fiscal reforms and the expansion in economic activity.[9]
14. Further fiscal consolidation could be aided by a revision of the complex system of fiscal incentives for investment and import duty concession, which result in considerable forgone tax revenue (Chapter III(3)(ii)). Curtailing concessions and making them more transparent would help strengthen the otherwise still fragile fiscal situation, and would enhance the investment regime's predictability and accountability. The authorities note that the passing of new investment legislation and the establishment of the Antigua and Barbuda Investment Board to deal with all new concessions are steps in this direction (Chapter III(3)(ii)).
15. Due to the renegotiation of public debt with
(3) Monetary and Exchange Rate Policy
16.
17. Both narrow money (M1) and quasi money (M2) have been expanding rapidly since the acceleration of economic growth in 2003. The growth of M1 has been particularly swift and it is mainly associated with a strong expansion in demand deposits, largely linked to the inflow of funds to private businesses, while the more moderate increase in quasi money reflects an expansion in savings by private sector businesses and individuals.[10] As a counterpart to M2 growth, domestic credit has also been expanding, to both the private sector and central government. The composition of credit by economic activity shows increases in outstanding loans for tourism, construction, and personal use, but decreases for manufacturing and agriculture. Liquidity in the commercial banking system remained high during 2005 and 2006 (the ratio of loans and advances to total deposits was 77.6% in 2006). The cash reserve to deposits ratio stood at 9.8% in 2005.
18. Commercial bank interest rates declined somewhat during 2005 and 2006: rates on savings deposits ranged from 3% to 4.75% and rates on twelve-month time deposits ranged from 1% to 7%. Prime lending rates remained within the 10-11.5% range during most of the period under review, although other lending rates declined somewhat.
19. Inflation, has been low, with the Consumer Price Index increasing in the 0.5-2.5% range, despite the impact of global oil price increases.
(4) Balance of Payments, Trade and Investment Flows
20. The current account deficit increased between 2001 and 2003, reaching 12.9% of GDP. It declined over 2004 and 2005, but jumped again in 2006, to some 16.3% of GDP, triggered by a substantial increase in imports, linked to the construction boom. In general terms, the current account deficit responds to a structural merchandise trade deficit of around 42.6% of GDP: exports of goods were a mere 5.3% of imports in 2006. The services balance posts a surplus of some 27.9% of GDP, which is exceeded by the surplus in travel (Table I.2). The deficit in the current account has been financed partly through foreign direct investment, but mainly with external borrowing, and this has led to a difficult debt payment situation characterized by substantial payment arrears.
Table I.2
Balance of payments, 2001-06
(US$ million)
|
|
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
|
Current account |
-64.5 |
-82.4 |
-97.6 |
-68.0 |
-58.1 |
-162.7 |
|
Goods and services |
-48.9 |
-46.6 |
-72.1 |
-30.6 |
-23.7 |
-115.6 |
|
Goods |
-280.0 |
-269.3 |
-307.6 |
-317.4 |
-307.7 |
389.7 |
|
Merchandise |
-296.7 |
-284.3 |
-326.1 |
-344.4 |
-343.9 |
-425.8 |
|
Exports |
17.1 |
11.6 |
18.3 |
21.4 |
35.2 |
23.9 |
|
Imports |
313.8 |
-295.9 |
-344.4 |
-365.8 |
-379.2 |
-449.6 |
|
Repair on goods |
0.0 |
0.0 |
0.0 |
0.1 |
0.1 |
0.1 |
|
Goods procured in ports by carriers |
16.7 |
14.9 |
18.5 |
26.9 |
36.1 |
36.0 |
|
Services |
231.1 |
222.8 |
235.4 |
286.9 |
284.0 |
274.1 |
|
Transportation |
16.3 |
19.7 |
13.2 |
13.7 |
14.0 |
12.8 |
|
Travel |
240.5 |
240.7 |
265.0 |
299.8 |
299.0 |
301.6 |
|
Insurance services |
-15.9 |
-21.9 |
-25.5 |
-17.8 |
-19.5 |
-27.8 |
|
Other business services |
-8.0 |
-12.9 |
-14.3 |
-7.1 |
-9.0 |
-12.1 |
|
Government services |
-1.8 |
-2.9 |
-2.9 |
-1.7 |
-0.5 |
-0.5 |
|
Income |
-24.8 |
-41.4 |
-38.7 |
-45.7 |
-42.4 |
-53.4 |
|
Compensation of employees |
13.0 |
3.3 |
5.2 |
6.1 |
6.6 |
6.7 |
|
Investment income |
-37.8 |
-44.8 |
-43.9 |
-51.9 |
-49.0 |
-60.2 |
|
Current transfers |
9.1 |
5.6 |
13.3 |
8.3 |
8.0 |
6.3 |
|
General government |
0.7 |
-0.6 |
1.1 |
0.7 |
0.8 |
0.4 |
|
Other sectors |
8.4 |
6.3 |
12.1 |
7.7 |
7.3 |
6.0 |
|
Capital and financial account |
80.5 |
90.1 |
123.7 |
74.3 |
65.3 |
178.0 |
|
Capital account |
11.9 |
13.9 |
10.2 |
21.3 |
214.3 |
22.2 |
|
Capital transfers |
11.9 |
13.9 |
10.2 |
21.3 |
214.3 |
22.2 |
|
Financial account |
68.6 |
76.2 |
113.5 |
53.0 |
-149.0 |
155.7 |
|
Direct investment |
98.4 |
65.9 |
166.3 |
80.4 |
116.4 |
189.9 |
|
Portfolio investment |
-2.5 |
-2.2 |
2.6 |
12.1 |
10.5 |
9.7 |
|
Other investments |
-27.3 |
12.5 |
-55.4 |
-39.5 |
-275.9 |
-43.9 |
|
Public sector long term |
10.3 |
-6.5 |
-10.7 |
-32.4 |
-163.5 |
6.1 |
|
Commercial banks |
-48.5 |
4.7 |
-99.5 |
16.0 |
-18.3 |
-64.6 |
|
Other assets |
-3.7 |
-10.8 |
-20.0 |
-22.9 |
-56.5 |
-17.3 |
|
Other liabilitiesa |
14.6 |
25.1 |
74.8 |
-0.2 |
-37.7 |
31.8 |
|
Table I.2 (cont'd) | ||||||
|
Overall balance |
16.0 |
7.7 |
26.1 |
6.3 |
7.2 |
15.3 |
|
Financing |
-16.0 |
-7.7 |
-26.1 |
-6.3 |
-7.2 |
-15.3 |
|
Change in government foreign assets |
0.2 |
0.2 |
0.0 |
0.0 |
0.0 |
0.0 |
|
Change in imputed reserves |
-16.2 |
-7.9 |
-26.1 |
-6.4 |
-7.2 |
-15.3 |
|
Memorandum |
|
|
|
|
|
|
|
Current account balance (% of GDP) |
-9.3 |
-11.5 |
-12.9 |
-8.3 |
-6.7 |
-16.3 |
|
Nominal effective exchange rate period average |
3.6 |
-0.6 |
-6.0 |
-4.4 |
-2.2 |
.. |
|
Real effective exchange rate |
2.8 |
-1.8 |
-6.7 |
-4.9 |
-2.3 |
.. |
|
Estimated visitor expenditure (EC$ million) |
734.6 |
739.2 |
809.5 |
910.8 |
915.5 |
937.4 |
|
Net imputed international reserves (US$ million) |
79.6 |
87.8 |
113.7 |
120.1 |
127.3 |
142.6 |
|
Outstanding external public debt (% of GDP) |
71.9 |
76.5 |
77.4 |
70.5 |
48.9 |
.. |
|
Debt service ratio (% of exports of goods and services) |
12.5 |
11.7 |
8.5 |
14.0 |
38.0 |
.. |
.. Not available.
a Includes errors and omissions.
Source: WTO Secretariat, based on Eastern Caribbean Central Bank (2006), Annual Economic and Financial Review 2005.
21. The assessment of trade flows for
22.
(5) Outlook
23. No government economic forecasts were available for the current review. In the context of this review, the authorities noted, however, that they expect the fiscal reforms to yield positive results.
24. The IMF is expecting growth of some 3.9% and a CPI increase of 2% for 2007. Growth is expected to slow down in the medium term, as the construction boom cools.[13] Inflation is expected to remain low, and fiscal accounts to improve somewhat, reflecting the stability provided by the regional quasi-currency board arrangement. However, the IMF considers that, even with faster growth, achieving fiscal and debt sustainability will require large, sustained improvement in the fiscal stance, including posting a significant primary surplus, as well as securing financing at lower interest rates to allow a more rapid debt decline. Without policy adjustments, the fiscal imbalances will continue to deteriorate, financed by further debt accumulation and arrears build-up, and this would depress growth.[14] The external current account deficit is expected to increase to some 20% of GDP in 2007 and to be fully financed by foreign direct investment.
II. trade AND INVESTMENT policy framework
(1) General Constitutional and Legal Framework
25.
26. Once approved by the Cabinet of Ministers, trade treaties and related agreements can be signed by the Prime Minister or any other Minister authorized to sign on behalf of the Government. Cabinet also authorizes ratification of and accession to international agreements. Parliamentary involvement is relevant for enactment of enabling legislation only.
27. The Barbuda Council is the principal organ of local government for the
28. Law-making authority in
29. The Constitution is the supreme law and any law that does not conform to it is void to the extent of the inconsistency. At the request of a Government Ministry, bills are drafted and then introduced in either House, with the exception of a finance or money bill, which must always be introduced in the House of Representatives. A bill will generally have three readings; during the second reading the merits of the bill are debated and amendments proposed. A bill that commences in either House must be passed at its third reading, with or without amendments, before moving onto the other House. Most bills begin in the House of Representatives. Bills become law only after receiving the assent of the Governor General and publication in the official Government Gazette. This procedure applies to all laws, including trade and trade-related laws.
30. The legal system in
31. In 2005,
(2) Trade Policy Formulation and Implementation
32. The Marrakech Agreement was not enacted as a single piece of legislation in the domestic laws of
33. The principal agency responsible for trade-policy formulation and implementation is the International Trade Division (ITD) of the Ministry of Foreign Affairs. The ITD handles important elements of trade policy, supervising or participating in trade negotiations, as well as monitoring and facilitating implementation of various trade agreements. The Minister with responsibility for Trade provides broad political direction for trade policy, which is refined at the technical level, in some cases after consultation with private sector stakeholders. Consultations may occur directly or through other Ministries in specially arranged consultation sessions. The Minister reviews proposals submitted by technical staff and returns them for amendment. Finalized trade policy proposals are then passed on to Cabinet for approval. Once approved, the Ministry of Foreign Affairs takes charge of monitoring implementation. The Ministry also has responsibility for carrying out periodic reviews and assessment of trade policy. As much as possible this is done in consultation with the private sector and other ministries.
34. Economic and trade policy formulation and implementation are also influenced by a number of departments of the Ministry of Finance, including the Customs and Excise Division, the Budget Office, the Economic Policy and Planning Unit, and a number of related agencies, including the Antigua and Barbuda Investment Authority, the Bureau of Standards, and the Department of Industry and Commerce. In addition to these, the Department of Industry and Commerce has responsibility for domestic commercial policy, and the Ministry of Agriculture, Lands, Marine Resources and Agro-Industries, the Ministry of Justice and the office of the Registrar of Trademarks, Copyrights and Intellectual Property, all play a part. A working group made up of stakeholders of the main Ministries also deals with trade issues.
35.
36.
(3) Foreign Investment Regime
37. The thrust of
38. With one exception, foreign investment in
39. No areas are reserved for domestic investors, and 100% foreign ownership is permitted. In general terms, there are no restrictions on the repatriation of dividends: consent for repatriation is granted automatically once any applicable taxes have been paid.[16] Local borrowings by non-nationals are subject to a 3% stamp tax (including nationals of other CARICOM countries).
40. Fiscal incentives are regulated by the Fiscal Incentives Act of 1974 (Cap 172, Vol. 4 of the revised (1992) Laws of Antigua and Barbuda). The length of tax holidays granted to investors depends on the calculation of value added in the local economy; companies benefiting under the Act may also be exempted from exchange control regulations (Chapter III(3)(ii)). Normally, corporation tax is imposed at a rate of 30% on profits for incorporated companies. All other businesses pay tax at a rate of 25%. Dividends from resident companies are not subject to withholding tax, and capital gains are not subject to taxation; however, certain overseas payments, including management fees, are subject to withholding tax.
41.
42. In 2006,
(4) International Relations
(i) World Trade Organization
43. Prior to independence,
44. Under the GATS,
45.
46.
47. In 2005,
Table II.1
Notifications to the WTO, 2001-07
|
WTO Agreement |
Description |
Document symbol of most recent notification |
|
Implementation of Article VI of GATT 1994 Anti-dumping (Article 18.5) |
No law relevant to the Agreement |
G/ADP/N/1/ATG/1, |
|
Import Licensing (Article 7.3 and Article 1.4a and 8.2b) |
Replies to Questionnaire on Import Licensing Procedures Replies to Questionnaire on Import Licensing Procedures Notification of Import Licensing Procedures |
G/LIC/N/3/ATG/1, 28August 2001 G/LIC/N/3/ATG/2, G/LIC/N/1/ATG/1, |
|
Sanitary and Phytosanitary Measures |
Draft Legislation and Regulations: Pesticides and Toxic Chemicals Control Act and Regulations 2004 Draft Animals (National and International Movement and Disease Prevention) Act 2004 Draft Food Safety Act 2004 Draft Plant Protection Act 2005 |
G/SPS/N/ATG/1, G/SPS/N/ATG/2, G/SPS/N/ATG/3, G/SPS/N/ATG/4, |
|
Subsidies and Countervailing Measures (SCM) (Article 32.6) |
No laws relevant to the Agreement Domestic regulations: Customs Duties (Dumping and Subsidies) Act 1959 |
G/SCM/N/1/ATG/1, G/ADP/N/1/ATG/2, |
|
SCM (Article 27.4) SCM Article 25 and GATT XVI.1 SCM Article 25 and GATT XVI.1 and 27.4 SCM Article 27.4 SCM Article 27.4 SCM Article 27.4 |
Request pursuant to Article 27.4 for an extension of time to grant export subsidies Full notification of programmes New and full notification of programmes for extension Notification of transition period for elimination of subsidies Updating notification period for elimination of subsidies Update of notification of extension of transition period for elimination of subsidies |
G/SCM/N/74/ATG, G/SCM/N/71/ATG, G/SCM/N/95/ATG, G/SCM/N/99/ATG, G/SCM/N/114/ATG, 30 June 2004 G/SCM/N/123/ATG, G/SCM/N/128/ATG, G/SCM/N/146/ATG, |
|
GATS (Article V:7a) |
Notification as part of CARICOM of the removal of restrictions to the right of establishment and the provision of services among members |
S/C/N/229, |
|
TRIPS (Article 63.2) |
|
IP/N/1/ATG/D/1, IP/N/1/ATG/I/2 IP/N/1/ATG/C/2, IP/N/1/ATG/C/1, IP/N/1/ATG/T/1, IP/N/1/ATG/L/1, IP/N/1/ATG/I/1, IP/N/1/ATG/G/1, IP/N/1/ATG/1, IP/N/1/ATG/P/1, |
Source: WTO Secretariat.
(ii) Preferential agreements and arrangements
48.
49.
50.
51.
52. Exports of a number of
III. trade policies and practices by measure
(1) Measures Directly Affecting Imports
(i) Customs procedures, documentation, and registration
53. There have been no major changes to customs procedures since
54. During
55. Preshipment inspection is not used. Inspection of goods is based on the customs officer’s risk assessment, but the authorities do not maintain statistics on the percentage of shipments inspected. Importers known to have engaged in violations in the past are subject to 100% inspection. At the time of the last Review, goods were cleared generally within one to three days: this has increased with the introduction of the ABST.
56. Entry documents are still submitted on paper. The Government is in the process of acquiring a system that will allow for electronic filing. The authorities indicate that the system may be on-line by autumn 2007, and may help to eliminate bottlenecks.
(ii) Customs valuation
57.
58. The Second Schedule of the Customs Control and Management Act of 1993 governs the valuation process. Under the Act, the transaction value must be used as a first valuation method: it is defined as the price actually paid or payable for the goods when sold for export to
59. Under the Act customs valuation may not be based on: (a) the selling price of goods produced in Antigua and Barbuda; (b) a system that provides for the acceptance of the higher of two alternative values; (c) the price of goods on the exporting country's market; (d) the cost of production, other than computed values determined for identical or similar goods; (e) the price of the goods for export to a country other than Antigua and Barbuda; (f) minimum customs values; or (g) arbitrary or fictitious values. The customs value of imported goods may not include: charges for construction, assembly, maintenance or technical assistance, undertaken after importation or the cost of transport after importation.
60. The Second Schedule of the Customs Control and Management Act stipulates that "the customs value may be determined using reasonable means consistent with the principles and general provisions of the Schedule". Reference prices may be used if there is doubt regarding value, or for further investigation by the Tax Compliance Unit of the Ministry of Finance. These prices are used to identify possible under-invoicing, and can be applied in the determination of the customs value, if none of the methods specified in the Second Schedule can be used. Reference prices based on international lists for customs valuation are generally used; for example, North American Dealers Association (NADA) reference prices are utilized for imports of used vehicles.
61. In
(iii) Rules of origin
62.
(iv) Tariffs, and other charges on imports
63. Prior to the tax reforms introduced in 2007 (section (v) below), revenue accruing from taxes on international trade and transactions were the main source of fiscal revenue in
(a) MFN applied tariff structure
64.
65.
66. A customs service tax (CST) of up to 10% is applied on all imports, including those from other CARICOM countries. A lower rate of 5% is set for the products listed in Table III.2. The service charge is regulated by the Customs Service Tax Act of 1986; Revenue (Miscellaneous Provisions) Act No. 3 of 2005 includes a revised schedule of 50 items in the Customs Service Tax Act (e.g., corned beef, salt fish, and petroleum). The Customs Service Tax (Amendment) Act, 2006, a Bill before Parliament in mid-2007, would make changes to the tax.[33]
Table III.1
Structure of the tariff, 2006
(Per cent)
|
1. |
Total number of tariff lines |
6,413 |
|
2. |
Non-ad valorem tariffs (% of all lines) |
0.0 |
|
3. |
Non-ad valorem tariffs with no AVEs (% of all lines) |
0.0 |
|
4. |
Tariff quotas (% of all lines) |
0.0 |
|
5. |
Duty-free lines (% of all lines) |
10.2 |
|
6. |
Dutiable tariff lines average rate (%) |
11.9 |
|
7. |
Domestic tariff "peaks" (% of all lines)a |
4.4 |
|
8. |
International tariff "peaks" (% of all lines)b |
28.0 |
|
9. |
Bound tariff lines (% of all lines) |
97.6 |
a Domestic tariff peaks are defined as those exceeding three times the overall average applied rate.
b International tariff peaks are defined as those exceeding 15%.
Note: The tariff is unchanged since 2001, when Phase IV of CET was implemented.
Source: WTO Secretariat calculations, based on data provided by the authorities of
Table III.2
Items subject to a 5% customs service tax (most other items are taxed at 10%)
|
Corned beef (HS item 1602.501); salted fish (HS item 0305.62); ling fish (HS item 0305.692); baby whites (HS item 3304.999); infant formula (HS item 2106.907); mackerel (HS item 0305.591); sardines (HS item 1604.131); soap powder (HS item 3402.902); chicken (HS item 0207.10-0207.149); macaroni (HS item 1902.19); eggs (HS item 0407.003); cheese (HS item 0406.10-0406.9); peas and beans (HS item 0713.10-0713.90, 0708.10-0708.90); cocoa preparations (HS item 1806.10); tea (HS item 0902.10); red herring (HS item 0305.592); tuna (HS item 1604.141); juices (HS item 2009-2009.909); oats (HS item 1104.22); cereals (HS item 1104.22, 1104.30, 1904.20); sweet biscuits (HS item 1905.301); unsweetened biscuits (HS item 1905.901); luncheon meat (HS item 1602.909); black pepper (HS item 0904.12); insecticides (HS item 3808.109); mosquito coil (HS item 3808.102); malt (HS item 2202.902); soda (HS item 2202.101); toilet paper (HS item 4818.10); cornmeal (HS item 1005.90); rice (HS item 1006.101-1006.409); white flour (HS item 1101.001); other flour (HS item 1101.009); cane sugar (HS item 1701.11); beet sugar (HS item 1701.12); salt (HS item 2501.001); milk (HS item 0401.10-0401.30, 0402.10-0402.999); butter (HS item 0405.101); butter (HS item 0405.102); margarine (HS item 1517.10); refined edible oil (HS item 1507.10-1515.29); maize meal (HS item 1103.13); soap (HS item 3401.111-3301.191); bed pads (HS item 9404.901); diapers for babies (HS item 4818.402); napkins (HS item 4818.403); toothpaste (HS item 3306.101); medicine (HS item 3004.101-3004.909); pharmaceuticals (HS item 3006.10-3006.60); petroleum products (HS item 2710.111;2710.129, 2710.141-2710.149, 2710.211-2710.219, 2710.421-2710.429, 2710.221-2710.229). |
Source: Information supplied by the authorities.
67. The simple average
68.
Table III.3
Summary analysis of the MFN tariff, 2006
|
Description |
| ||||
|
|
|
|
Coefficient of |
Final bound | |
|
No. of |
Average |
Range |
variation |
average | |
|
lines |
(%) |
(%) |
(CV) |
(%) | |
|
Total |
6,413 |
10.7 |
0 - 70 |
0.9 |
61.1 |
|
HS 01-24 |
1,088 |
17.7 |
0 - 45 |
0.8 |
106.3 |
|
HS 25-97 |
5,325 |
9.3 |
0 - 70 |
0.9 |
53.2 |
|
By WTO category |
|
|
|
|
|
|
WTO Agriculture |
1,023 |
16.2 |
0 - 45 |
0.9 |
105.7 |
|
Animals and products thereof |
147 |
19.1 |
0 - 40 |
0.8 |
104.3 |
|
Dairy products |
24 |
6.3 |
0 - 20 |
1.0 |
100.0 |
|
Coffee and tea, cocoa, sugar, etc. |
173 |
16.6 |
0 - 40 |
0.8 |
100.0 |
|
Cut flowers, plants |
56 |
7.9 |
0 - 40 |
1.9 |
100.0 |
|
Fruit and vegetables |
255 |
23.8 |
0 - 40 |
0.6 |
116.3 |
|
Grains |
29 |
15.0 |
0 - 40 |
0.9 |
100.0 |
|
Oil seeds, fats and oils and their products |
95 |
15.8 |
0 - 40 |
1.1 |
101.8 |
|
Beverages and spirits |
78 |
19.0 |
5 - 45 |
0.5 |
111.3 |
|
Tobacco |
10 |
21.0 |
5 - 35 |
0.6 |
102.1 |
|
Other agricultural products n.e.s. |
156 |
3.9 |
0 - 40 |
1.8 |
100.0 |
|
WTO Non-agriculture (incl. petroleum) |
5,390 |
9.7 |
0 - 70 |
0.9 |
52.4 |
|
WTO Non-agriculture (excl. petroleum) |
5,366 |
9.7 |
0 - 70 |
0.9 |
52.1 |
|
Fish and fishery products |
155 |
19.5 |
0 - 40 |
0.7 |
100.0 |
|
Mineral products, precious stones and precious metals |
417 |
8.9 |
0 - 30 |
1.0 |
53.8 |
|
Metals |
718 |
6.7 |
0 - 20 |
0.8 |
50.5 |
|
Chemicals and photographic supplies |
994 |
7.3 |
0 - 20 |
0.7 |
50.7 |
|
Leather, rubber, footwear and travel goods |
168 |
10.2 |
0 - 25 |
0.8 |
51.1 |
|
Wood, pulp, paper and furniture |
316 |
9.3 |
0 - 20 |
0.8 |
52.8 |
|
Textile and clothing |
950 |
11.6 |
0 - 30 |
0.6 |
50.2 |
|
Transport equipment |
263 |
12.5 |
0 - 35 |
1.0 |
64.7 |
|
Non-electric machinery |
595 |
6.9 |
0 - 30 |
0.9 |
50.9 |
|
Electrical machinery |
269 |
10.3 |
0 - 35 |
0.8 |
54.1 |
|
Non-agriculture articles n.e.s. |
521 |
13.8 |
0 - 70 |
0.8 |
53.1 |
|
Petroleum |
24 |
7.5 |
0 - 25 |
1.0 |
104.3 |
|
By ISIC sectora |
|
|
|
|
|
|
Agriculture and fisheries |
428 |
18.9 |
0 - 40 |
1.0 |
104.4 |
|
Mining |
116 |
3.9 |
0 - 30 |
2.1 |
52.5 |
|
Manufacturing |
5,868 |
10.2 |
0 - 70 |
0.9 |
58.5 |
|
By HS section |
|
|
|
|
|
|
01 Live animals & products |
309 |
18.4 |
0 - 40 |
0.9 |
100.0 |
|
02 Vegetable products |
402 |
17.8 |
0 - 40 |
1.0 |
110.3 |
|
03 Fats & oils |
53 |
24.2 |
5 - 40 |
0.7 |
103.4 |
|
04 Prepared food, etc. |
324 |
15.9 |
0 - 45 |
0.6 |
105.0 |
|
05 Minerals |
187 |
4.0 |
0 - 25 |
1.4 |
57.8 |
|
06 Chemical & products |
930 |
6.8 |
0 - 20 |
0.8 |
53.2 |
|
07 Plastics & rubber |
236 |
8.7 |
0 - 25 |
0.7 |
52.2 |
|
08 Hides & skins |
84 |
9.2 |
0 - 20 |
0.9 |
62.5 |
|
09 Wood & articles |
121 |
9.8 |
0 - 20 |
0.6 |
50.3 |
|
10 Pulp, paper etc. |
171 |
7.6 |
0 - 20 |
1.0 |
55.2 |
|
11 Textile & articles |
935 |
11.2 |
0 - 20 |
0.7 |
51.5 |
|
12 Footwear, headgear |
66 |
16.2 |
0 - 20 |
0.4 |
50.0 |
|
13 Articles of stone |
202 |
10.2 |
0 - 25 |
0.7 |
50.0 |
|
14 Precious stones, etc. |
61 |
17.9 |
0 - 30 |
0.7 |
71.0 |
|
15 Base metals & products |
712 |
7.3 |
0 - 20 |
0.8 |
50.6 |
|
Table III.3 (cont'd) | |||||
|
16 Machinery |
895 |
8.3 |
0 - 35 |
0.9 |
51.8 |
|
17 Transport equipment |
276 |
12.2 |
0 - 35 |
1.0 |
64.0 |
|
18 Precision equipment |
248 |
10.7 |
0 - 25 |
0.7 |
54.2 |
|
19 Arms and ammunition |
20 |
41.8 |
0 - 70 |
0.7 |
50.0 |
|
20 Miscellaneous manufactures |
173 |
15.2 |
0 - 20 |
0.4 |
51.6 |
|
21 Works of art, etc. |
8 |
20.0 |
20 - 20 |
0.0 |
50.0 |
|
By stage of processing |
|
|
|
|
|
|
First stage of processing |
834 |
14.0 |
0 - 40 |
1.2 |
87.3 |
|
Semi-processed products |
1,827 |
5.8 |
0 - 40 |
0.6 |
52.6 |
|
Fully-processed products |
3,752 |
12.4 |
0 - 70 |
0.8 |
60.1 |
a ISIC (Rev.2) classification, excluding electricity (1 line).
Note: The tariff remains unchanged since Phase IV of the CARICOM CET was introduced in 2001.
Source: WTO Secretariat estimates, based on data provided by the authorities of
(b) Bound MFN tariffs
69. In the Uruguay Round,
70. Tariffs on non-agricultural products were bound at 50%, with a number of exceptions, including motor vehicles. Agricultural products were generally bound at a ceiling of 100%, with an implementation period of six years; exceptions that were bound at higher rates include beer, spirits, margarine, and bananas. The average bound tariff is 61.1%, almost six times the applied rate; the bound rate for agricultural products (WTO definition) is 105.7%, while that for non-agricultural goods is 52.4%. Applied tariffs exceed bound rates for ten tariff headings, all corresponding to arms and ammunition, for which the applied rate is 70%, while the bound rate is 50%.
71. Antigua and
(c) Tariff and tax concessions
72. Import duty exemptions and concessions are available for beneficiary industries under the incentives schemes, and on a case-by-case basis. An application for a waiver of import tariffs must be made to Cabinet, which issues an order in this respect.
73. Under the Customs Service Tax Act of 1986, goods imported specifically for manufacture and re-export or assembly and re-export by an enterprise that has been declared an "approved enterprise" under the Fiscal Incentives Act, are exempt from tax. The same applies to all plant and equipment of a value in excess of EC$100,000 imported by and for the establishment of the "approved enterprise". The authorities indicate that, in practice, this CST exemption is applied to a wider range of imports, including some that are used to make goods destined for the internal market.
74. Imports for government agencies are free of tariffs and the CST. In some cases these exemptions are provided for explicitly by the Act establishing the institution (e.g., the Port Authority), while other governmental agencies are granted the exemption by tradition.
(d) Tariff preferences
75.
(v) Other levies and charges
76. A number of taxes are applied on imports as well as domestic products. The Environmental Protection Levy Act of 2002 provides for a levy on imported and domestically produced goods. Revenue from this tax is used to finance the cost of protecting, preserving and enhancing the environment. Fees range from EC$0.25 per container on glass and plastic containers, to EC$1,000-6,000 on motor vehicles. Other items subject to this levy include new and used tyres, electric accumulators, white goods, air conditioners, vacuum cleaners, hair dryers, and toasters. An excise tax on alcohol, tobacco, certain cars, and some luxury goods, was to be imposed at the same time as the ABST (see below), but its application has been delayed. It has not yet been decided whether or when this excise tax will come into effect.
77. The tax regime is undergoing a major renovation under
78. The consumption tax, applied until January 2007, had its legal basis in Consumption Tax Act No. 28 of 1993. The rates used were 0%, 15%, 20%, 30%, and 50%. Petroleum products listed in the Third Schedule of the Act were subject to an adjusting specific tax rate, which depended on the difference between the international and the domestic (fixed) price. Most primary agricultural goods were zero-rated, but processed agricultural products were generally taxed at 15%. The consumption tax was levied on the sales price of domestically produced goods, and on the c.i.f. value plus the tariff (but not the customs service tax), of imported products.
79. According to the 2007 Budget Speech, indirect taxes will provide about 81% of tax revenue under the new regime. The taxes on international trade and transactions are projected to yield EC$270.2 million in revenue, or 55.7% of the value of the indirect taxes; and an anticipated EC$153.8 million (31%) of the revenue will be generated by the ABST.
(vi) Import prohibitions, restrictions, and licensing
80. Imports of the following goods are prohibited under Section 84 (2) of the Customs (Control and Management) Act of 1993: firearms having a disguised appearance; utensils for the smoking or preparation for smoking of any drug the use of which is prohibited; and imports prohibited by any other law of the State. Imports of plants from countries where certain diseases are present are also prohibited (section (ix)). Under the Uniforms Act of 1997, imports of camouflage uniforms are banned. Under Statutory Instrument No. 42 of 1999, imports of refrigerators, motor vehicles, air conditioning units, and other goods are banned if they contain ozone-depleting substances. Imports of vehicles using freon in their air-conditioning system are prohibited.
81. Imports of certain products are restricted, mainly for health and safety reasons, and require a permit or sanitary/phytosanitary certificate. The import of any herb or plant or any part of any herb or plant for use as medicine or drug by man or animals, or which may be used as medicine or drug by man or animals, must be authorized by the Chief Medical Officer or the Chief Veterinary Officer. Import restrictions also apply to: pharmaceutical products; substances used to manufacture drugs; firearms; and ammunition. Imports of firearms, fireworks, and arms and ammunition require a licence from the Commissioner of Police prior to importation, in accordance with Act No. 18 (Cap 310) of 1975. Imports of any mechanical game, device, or appliance, that can be used to play at any game of chance for money is restricted under the Customs (Control and Management) Act of 1993; the same Act restricts the import of tear gas and any ingredient that may produce it; or any article that bears a design in imitation of any currency or bank note or coin in current use in Antigua and Barbuda or elsewhere, except expressly authorized by the Comptroller of Customs and Excise. Imports of certain restricted pesticides require approval from the Pesticides Control Board. The authorities indicate that a new Pesticides and Toxic Chemicals Control Act is being drafted. It is intended to provide procedures governing the importation of fertilizers, pesticides, and toxic chemicals, and will replace and repeal some existing provisions of law in this area.
82.
83. The External Trade (Import Prohibition) Order 2001 prohibits the import of certain goods without a licence. The requirement does not apply to some of these goods when imported from CARICOM or OECS member countries (Second Schedule), while others may be imported without a licence only from other OECS countries (Third Schedule) (Table III.4). Most imports are subject to automatic licensing; the authorities indicate that this is for data-collection reasons. Non-automatic licensing is applied on: products previously subject to quantitative restrictions under Article 56 of the Treaty of Chaguaramas, and currently subject to tariffication under Article 164 of the revised Treaty (aerated beverages, beer, stout, ale, porter, pasta, candles, solar water heaters, oxygen in cylinder, carbon dioxide in cylinder, acetylene in cylinder, chairs and other seats of wood and upholstered fabric, other furniture of wood and upholstered fabric, mops); imports of animals, poultry, livestock and poultry products, plants and plant products, pesticides, drugs and antibiotics, firearms, fireworks, arms and ammunition; and chemicals controlled by the Montreal Protocol). For all other products, licences are granted on request. The import-licensing regime is administered by the Ministry of Finance and the Economy. Imports of pesticides require a licence from the Pesticides Control Board prior to importation and in accordance with Act No. 15 of 1973 and S.I. No. 46 of 1981. Imports of drugs and antibiotics require a licence from the Minister of Health under the Dangerous Drugs Order (Caps 225 and 222 of the Laws of
84. The External Trade (Import Prohibition) Order 2001 prohibits the import without a licence of goods from or originating in the following countries: Afghanistan, Algeria, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Cambodia, Cape Verde, Ethiopia, Eritrea, Iran, Iraq, Kazakhstan, Lao People’s Democratic Republic, Lebanon, Nepal, North Korea, Republic of Macedonia, Russian Federation, Samoa, Saudi Arabia, Seychelles, Somalia, Syria, Tajikistan, Tonga, Ukraine, Uzbekistan, Viet Nam, and Yemen. The licences are administered by the Ministry of Finance and the Economy.
85. There is no licensing fee or administrative charge, and no deposit or advance payment is required for the issuance of a licences. In practice, licences are often requested and issued upon the arrival of the goods. A licence is valid, in most cases, for one month from the date of issue, and the validity can be extended upon request. Licences are not transferable between importers; there is no penalty for the non-use of a licence. Licences are required on a seasonal basis for imports of certain agricultural products (e.g., onions and cabbages when the local market is glutted), and are granted by the Ministry of Agriculture.
Table III.4
Import licensing requirements
|
Second Schedule: Goods that require an import licence when imported from any country that is not a member of the Organization of Eastern Caribbean States (OECS) or the |
|
Baby chicks, point of lay pullets (Ex HS 0105); meat and edible meat offal (Chapter 2); fish-fresh, frozen or chilled (HS 0301-0304); crustaceans and mollusc whether in shell or not, fresh (live or dead), chilled, frozen or salted etc. (HS 0306 and 0307); eggs in shell (HS 04.07); natural honey (HS 04.09.00); vegetables (whether or not cooked preserved by freezing) (07.01-07.09); dried leguminous vegetables shelled, whether or not skinned or split (HS 07.13); arrowroot, sweet potatoes and other similar roots and tubers with high starch, fresh or dried, whole or sliced (HS 07.14); coconuts, cashew nuts fresh or dried whether or not shelled or peeled (Ex HS 08.01); bananas fresh or dried (Ex HS 08.03); thyme, saffron, bay leaves, ginger, curry and other spices (HS 09.10); curry powder (HS 0910.50); rice (HS 1006); wheat flour (Ex HS 1101.); arrowroot starch (HS 1108.101); ground nuts (HS 12.02); coconut (copra) oil, crude or refined (Ex HS 1513.10); margarine, imitation lard and lard substitutes, shortening edible mixtures or preparations of animal or vegetable fats or oils (HS 15.17); sausages and the like of meat offal or animal blood (HS 16.01); other prepared or preserved meat or offal (HS 16.02); jams, fruit jellies, marmalades (Ex HS 20.07); mango chutney (Ex HS 2008. 004); fruit and vegetable juices including coconut milk, and coconut cream (HS20.09); pepper sauce (HS 2103.901); powdered drinks, lime juice cordial (HS 2106.003); bottled drinking water (HS 22.01); aerated beverages, malt and other non-alcoholic carbonated drinks and orange squash (HS 22.02); beer (HS 2203.001); stout (HS 2203.002); ale (HS 2203.009); porter (Ex HS 2203.009); rum (HS 2208.40); pet feed (HS 23.10); poultry and cattle feed (HS 23.904); pig feed (HS 23.905); other animal feed (HS 23.906); cigarettes (HS 2402.20); Portland cement (HS 25.23); oxygen in cylinder oxygen (Ex HS 28.04); carbon dioxide in cylinder (Ex HS 28.11); acetylene (Ex HS 29.01); pharmaceuticals (Chapter 30); fertilizers (Chapter 31); paints, varnishes, and lacquers (HS 32.08 and 32.09); soaps (HS 34.01); household bleach (HS 3402.204); candles (Ex HS 3406); explosives, pyrotechnic products, matches, pyrophoric alloys and certain combustible preparations (Chapter 36); plastic bags, shower curtains (Ex HS 3924); pneumatic tyres, blistered (HS 40.11); used pneumatic tyres (HS 4012.20); tyres used for retreading and remoulding (HS 4012.201); wooden mouldings (Ex HS 44.09); broom and mop handles (Ex HS 4417), wooden doors (HS 4418.20); fibre mats of vegetable plaiting material (Ex HS 4601); mats, other straw paper bins of vegetable plaiting materials (Ex HS 4601.20); kitchen towels, napkins, and facial tissues (Ex HS 4818.20); cardboard boxes (Ex HS 4819.20); all publications devoted primarily to advertising including tourist propaganda (Ex HS 4911); T-shirts (Ex HS 6109); girls’ and ladies’ panties, half slips and nighties (Ex HS 6108 and Ex HS 6208); trousers (Ex HS 6204.60); men’s and boys’ shirts and shirt jackets (HS 6105 and 6205); brassieres (HS 6212.10); pillow cases, sheets, table cloths, table napkins, hand towels, bath towels, beach towels, bed spreads, drapes, kitchen towels (Ex Chapter 63); concrete blocks (Ex HS 6810.11); galvanized sheets (Ex HS7208-7212); aluminium windows and doors (Ex HS 7610.10); solar water heaters (HS 8419.10); vehicles and parts and accessories thereof (Chapter 87); arms and ammunition, parts and accessories thereof (Chapter 9); chairs and other seats of wood and upholstered fabric (HS 9401.60); other furniture of wood and upholstered fabric (HS 9403.60); mops (HS 9603). |
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Third Schedule: Goods that require an import licence when imported from any country that is not a member of the Organization of the Eastern Caribbean States (OECS) |
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Curry powder (Ex HS 0910); wheat flour (Ex HS 1101.00); uncooked pasta, not stuffed (Ex HS 19.02); aerated beverages (Ex HS 22.02); beer (HS 2203.001); stout (HS 2203.002); ale (HS 2203.009); porter (Ex HS 2203.009); candles (Ex HS 34.06); oxygen in cylinder (Ex HS 2804.40); carbon dioxide in cylinder (Ex HS 28.11); acetylene in cylinder (Ex HS 2901002); candles (Ex HS 3406); solar water heaters (Ex HS 84.19); chairs and other seats of wood and upholstered fabric (Ex HS 9401.60); and other furniture of wood and upholstered fabric (Ex HS 9403.60); mops (HS 9603). |
Source: External Trade (Import Prohibition) Order 2001.
(vii) Contingency measures
(a) Anti-dumping and countervailing measures
86. The legislation is contained in the Customs Duties (Dumping and Subsidies) Act, of 1959, which was notified to the WTO in 2002.[39] Questions were posed regarding this legislation, mainly on issues concerning the lack of provisions on various essential elements of an anti-dumping investigation.[40]
87.
(b) Safeguards
88. Under CARICOM rules, when necessary,
89.
90.
(viii) Technical regulations and standards
91. No notifications were made to the TBT Committee during 2001-06.
92. The
93. The ABBS holds membership in: CARICOM Regional Organisation for Standards and Quality (CROSQ), Codex Alimentarius (WHO/FAO), and the Inter-American Metrology System (
94. The Standards Act of 1987, and the Standards Regulations of 1998, are the main laws on standards. Standards are formulated generally by consensus between the ABBS and concerned parties. The mandate to prepare a technical regulation or standard generally comes from the Standards Council, which is composed of representatives from several agencies, based on a request from the general public or business enterprise, or as a result of developments that could have a negative impact on the health, safety, environment, or trade. A Technical Committee is formed consisting of persons from organizations that will be affected, a representative of consumers, and a technical secretary. The Technical Committee submits the draft standard to the Standards Council for approval. Once the Standards Council has ratified the document, the ABBS publishes a notice in newspapers and in the Gazette of its intention to declare the standard a national standard, giving the general public the opportunity to comment on the technical content. If the standard is intended to be a compulsory standard/technical regulation, it is also submitted to the Ministry of Legal Affairs and Justice, and thereafter the Minister with responsibility for the ABBS, for declaration in the Gazette. This process is in keeping with the WTO TBT Code of Good Practice for Standardization.
95. The authorities indicate that technical regulations and standards are generally drafted in accordance with CARICOM standards or international standards if they exist. Standards declared by other regional standards bodies,
96. Standards may be voluntary or compulsory (technical regulations), although they generally start as voluntary and become technical regulations upon analysis. Under Section 18(1) (Voluntary and Compulsory Standards) of the Standards Act of 1987, standards may, on the recommendation of the ABBS, be declared by Order of the Minister to be a compulsory standard if they are intended primarily: to protect the consumer or user against danger to health and safety; to prevent fraud or deception arising from misleading advertising or labelling; to ensure quality in goods produced for export; to require adequate information to be given to the consumer or user; or to ensure quality in a case where the choice of sources of supply is restricted. A notice must be published in the Gazette in this respect, specifying, in accordance with Section 3(2) of the Standards Regulations of 1998, the proposed date on which the compulsory standard will have effect, and the reasons for proposing that it be declared a compulsory standard. The proposed technical regulations are advertised in the Gazette and in at least one local newspaper for comment for a period of at least 60 days, unless it is an emergency situation. They are also notified to the WTO.
97. The ABBS has made public eight standards as National (Voluntary) Standards. The authorities noted that these standards would soon be declared as technical regulations.[44]
98. There is no fully functional certification body in
99. The Government Chemistry Laboratory carries out basic testing, and there are three concrete testing laboratories: one is at the Public Works Division, and two are private (the Caribbean Testing Laboratory, and Antigua Masonry Products). It is the intention of the ABBS to carry out type approval where possible and where necessary, to give approval to the aforementioned laboratories to do certification work on behalf of the ABBS. The ABBS has the legal authority to delegate this responsibility.
100. The necessary technical regulations that form the basis for conformity assessment procedures have not yet been declared in
101.
(ix) Sanitary and phytosanitary measures
102.
103.
104.
105. Imports of plants and unprocessed products must conform with the Plant Protection Act of 1941 (Cap 329 of the Revised Laws of Antigua and
106. The importation of soil or products containing soil is prohibited. Imported plants should be free of soil and are liable to examination by an officer of the Plant Protection Unit. A pest-risk assessment is conducted on each requested commodity before a decision is made whether the risk of importation is acceptable (minimal or non-existent). The importer is issued an import permit from the Ministry of Agriculture for each shipment and is instructed to communicate to the exporter the import requirements of
107.
108. The (draft) Plant Protection Act extends the scope of the phytosanitary trade protocol to include imports of all unprocessed plant produce and GMOs.
109. Imports of animals, poultry, livestock, and poultry products must abide by the Animal Health Legislation (Cap 110 of the revised (1992) Laws of Antigua and Barbuda), the Animals (Diseases and Importation) Act of 1953, and the Animals (International Movement and Disease) Act, Cap 19, which covers quarantine and the species subject to it. These products must be accompanied by a certificate from the veterinary authority of the exporting country. Inspection in
110. As a signatory to the Cartagena Protocol on
111.
112. The Pesticides Control Act of 1973, Cap 125 and its regulations, contain the main provisions with respect to the registration, import, sale, transport, disposal, control, and inspection of pesticides. The Pesticides Control Board, which functions under the Ministry of Agriculture, is in charge of implementing the Act. Pesticides and toxic substances must be registered with the Registrar of Pesticides and Toxic Chemicals. A new draft Pesticides and Toxic Chemicals Control Act, 2004, as well as draft Pesticides and Toxic Chemicals Control (Regulation, Licensing and Permit) Regulations were notified to the WTO SPS Committee in 2005.[49] These acts remain under review in the Ministry of Justice.
113.
(2) Measures Directly Affecting Exports
(i) Documentation, export taxes and restrictions
114. Up to five export documents are required: an export declaration; bill of lading or airway bill; invoice; certificate of origin (for preferential trade as needed); and phytosanitary certificate (when required).
115.
116. Exports of wild birds are prohibited, as well as exports of any live or dead wildlife or parts, in accordance with the CITES. There are no controls on domestic sales or exports of fruit and vegetables, other than the inspection, packing, and certification requirements contained in the Exportation of Fruit Act of 1939, Cap 161.
(ii) Export subsidies, financing, support and promotion
117.
118. There are no goods subject to export licensing.
119. In a decision taken 27 October 2006, the Committee on Subsidies and Countervailing Measures agreed to continue until 31 December 2007 the extension and continuation of the transition period, under Article 27.2(b) of the
120. The Fiscal Incentives Act grants tax benefits to enterprises exporting part of their production and not enjoying a tax holiday or duty-free imports of raw materials and capital goods. A longer maximum period of tax holiday (15 years) is granted to enclave enterprises exporting all of their production (section (2)(ii))).[54]
121. Free Trade and Processing Zone Act No. 12 of 1994 provides for (i) exemption from customs duty and other taxes on imports of machinery, equipment, spare parts, and items needed to construct and operate facilities within the FTPZ; (ii) exemption from custom duty and other taxes on the imports of goods to be incorporated in the products produced or assembled within the FTPZ; (iii) exemption from income and other taxes of any kind other than social security, medical benefits, and the education levy on the earnings of any person employed in any industrial or commercial activity within the FTPZ; (iv) exemption from taxes on exports out of Antigua and Barbuda from the FTPZ; (v) exemption from taxes of any kind on the repatriation of profits earned in the zone; and (vi) exemption from government levies and taxes in respect of any industrial or commercial activity being carried out within the FTPZ.
122. Companies require a licence to operate in the free zone. Licence and registration are available only to corporations, regardless of where they are incorporated, or a branch or unit of such corporation. The decision to grant a licence is based on considerations such as: the level of investment; the project's capacity to generate employment; generation of foreign exchange; technological adaptability and transfer possibilities; and environmental impact. There is no information on the amount of the subsidy under the programme.
123. The only free zone in operation is the Free Trade and Processing Zone; no manufacturing currently takes place there. The first licence to manufacture in the FTPZ was granted in 2001, and the factory is still under construction. According to the OECD, the licence fees received from sports book and internet gambling represent the main source of revenues from the free trade zone.[55] Nevertheless, the size of these operations has declined considerably in recent years. Between 1999 and 2003, the number of licensed casino operators fell from 119 (with 3,000 employees) to 28 (with fewer than 500 employees).
124. Exporters may make use of the insurance and export credit guarantee facilities provided by the ECCB Export Credit Guarantee Scheme covering political and commercial risks. The authorities note that producers in
(3) Measures Affecting Production and Trade
(i) Legal framework for business and taxation
125. Companies are required to register under the Business Registration Act, Cap 64, Vol. 2 of the revised (1992) Laws of Antigua and
126. The authorities note that a company can be formed in a matter of days; the limiting factors are time involved in obtaining the approval of the Registrar of Companies for the use of the name, and the time spent in preparing articles of incorporation and bylaws.
127. Under the International Business Corporations Act of 1982, international business corporations (IBCs) can be formed by a locally registered trust company or by an accountant or attorney, and can usually be completed within 24 hours. IBCs are eligible for an array of incentives that include exemptions from various taxes including customs duties. International Business Corporation 1 (Amendment) No. 2 Act, 2002 provided that IBCs would not be charged income tax, capital gains and asset transfer tax. International Business Corporations (Amendment) Act No. 18 of 2005, introduced a modification to the minimum capital requirements, which were previously fixed in US$1 million, and are now subject to variation through regulations. International Trust Act No. 22 of 2004, provides for the establishment of international trusts by non-residents.
128. The corporation tax was reformed during the review period, declining from a flat rate of 40% on companies profits to 30%. Partnerships and unincorporated enterprises are treated as natural persons; all other businesses pay 25%. From 2001 until the repeal of the tax in 2005, there was a 2% tax on the gross turnover of non-incorporated businesses. Double-taxation treaties are in force with the
129.
(ii) Incentives and assistance
130. The Government offers numerous concessions to investors, particularly if the investment is substantial. The main objectives are to promote investment in the country and develop domestic capacity in business, and to facilitate the establishment of investment. Decisions on the granting of concessions are made by Cabinet, based on criteria laid out in the various incentives laws (see below).
131. Current legislation on incentives includes the Aid to Pioneer Industries Act, the Fiscal Incentives Act and a number of sector-specific incentives schemes, in particular for tourism, for example the Hotel Aid Act (Cap 204) (Chapter IV(3)(vi)).
132. The Aid to Pioneer Industries Act (Cap 14) provides customs duty and income tax relief for pioneer industries. These industries qualify for a tax holiday on corporate taxes of up to five years from the date production begins, and losses can be carried forward for up to three years after the tax holiday period ends. The Fiscal Incentives Act (Cap 172), notified to the WTO[57], provides customs duty and consumption tax waivers for 10 to 15 years, and complete or partial exemption from income tax on the profits from sales of approved products for up to 15 years. The tax holiday period under the Fiscal Incentives Act depends on the group in which the enterprise is categorized, according to the local value-added generated or if it is geared for export. As of mid 2007, some 35 firms were registered under the Fiscal Incentive Act in the sectors of beverages (2); condiments (3); detergent (2); garments (6); light industries (3); and other (19). Total sales by these companies were US$2.44 million in 2004 (last available year).
133. New legislation for the management of incentives, the
134. The Act created the
135. The ABIA started functioning in May 2007. Its mandate is to attract foreign direct investment and build, foster, and support local investment. The ABIA gives priority to tourism development, financial services, business support (call centres, etc.), information/computer technology, health and wellness, education, logistics (e.g. transshipment), and light manufacturing. The ABIA also aims to create a level playing field for all investors, local or foreign, administer standard criteria as laid down in the Investment Authority Act for the grant of incentives and concessions, and respond in a timely manner to applications for investment certificates and incentives. The ABIA serves as a one-stop shop for investors, as well as the repository for information on doing business in the country. Applications for incentives and concessions are now processed through the ABIA, which has authority to grant incentives. The ABIA is run by a board that consists of government and private-sector interests, under direction from the Minister of Finance. Under the new law, Cabinet still gives general policy direction to the authority.
(iii) Competition policy and regulatory issues
(a) Competition policy
136.
(b) Price controls
137. Price controls are applied on a list of products, in accordance with the Price Control Order of
138. Products subject to fixed prices include bread and petroleum products (gasoline, kerosene, etc.). Prices are set by the Ministry of Finance, and can fluctuate in response to developments in the international market; market surveillance is conducted by the Prices and Consumer Affairs Division of the Ministry of Justice and Public Safety.
(c) State-owned enterprises and privatization
139.
140. The Central Marketing Corporation (
(iv) Government procurement
141. Government procurement amounted to an estimated EC$111.6 million in 2005 or about 6% of
142.
143. The Tenders Board under the Ministry of Finance, is responsible for procurement. The Board created by the Tenders Board Act of 1991, Cap 424A Vol. 9 of the revised (1992) Laws of Antigua and Barbuda. It is responsible for procurement and supply of articles and materials; and for awarding of contracts for works and services for the Government and any corporate body established by an Act of Parliament or any company limited by liability in which the Government is the majority shareholder. The Board has sole and exclusive authority to invite, consider, and accept or reject offers.
144. Requests for tendering for supplies must be sent to the Board. Tenders may be public or selective. Upon receipt of a request by an agency, the Board must either: invite members of the public in general to make offers for the supply of the articles, works or services, by notice published in the Gazette and in local or overseas newspapers; or subject to the approval of the Minister, invite such bodies or persons as may be selected by the Board to make offers.
145. In making its decision, the Boards must take into account: the quality of the articles or, in the case of works or services, the financial, technical and administrative competence of the persons making the offer; and the prices offered. It must accept the lowest offer, except where it has good reason to accept another offer: it must submit to the Minister a comprehensive report giving its reasons for accepting an offer higher in value than the lowest offer. Approval from the Minister of Finance is needed. Once the contract is awarded, the Board must publish in the Gazette the name of the person or body to whom the contract is awarded, the amount of the tender and the date on which the award was made.
146. Under the Tenders Board Act, regulations may be developed to allow agencies to establish their own procurement departments for small amounts.
147. The Tenders Board (Amendment) No. 8 of 2002 allows the Board to exempt the Government or any statutory body from the tender procedure if it is satisfied that it is expedient and desirable so to do.
148. Despite the existence of general detailed legislation, there are no written guidelines on choosing the procurement process. Procurement is not subject to set-asides or national or regional preferences.
(v) Intellectual property rights
149. The most significant IPR development during the review period is the enactment of a series of laws in 2003 dealing with trade marks, patents, copyright, industrial designs, topography of integrated circuits, and geographical indications. This legislation has been notified to the WTO and examined by the TRIPS Council.[62] Questions were raised on the scope of protection, enforcement, national and most-favoured-nation treatment for nationals of other WTO Members, among others. The Intellectual Property Office, under the Ministry of Legal Affairs, is responsible for the administration of intellectual property rights.
150.
Table III.5
Participation in intellectual property conventions and agreements
|
Convention/Agreement |
Date of membership |
|
The Convention Establishing the World Intellectual Property Organization (1970) |
|
|
The |
|
|
The Berne Convention for the Protection of Literary and Artistic Works, |
|
|
Protocol Relating to the |
|
|
The Patent Cooperation Treaty (1970) |
|
Source: World Intellectual Property Organization.
151. Intellectual Property Office Act No. 15 of 2003 created the office of the Registrar of Intellectual Property. The registrar's duties are: to perform all functions relating to the grant of patents and utility model certificates; the registration of industrial designs, marks, collective marks and geographical indications; supervise and perform other duties conferred by the intellectual property legislation or its regulations; and to be responsible for carrying out studies, programmes or exchanges of items or services on domestic and international IP issues, and on the use of patent documents as a source of information. The office was originally established as a division of the Ministry of Legal Affairs, but was transferred to the Ministry of Justice in 2006.
(a) Trade marks
152. New trade mark regulations implementing Trade Mark Act No. 18 of 2003, entered into force on
153. There were 1,212 trade marks registered in
(b) Patents and industrial designs
154. Patents Act No. 23 of 2003 defines the scope of patentable inventions, provides that the right to a patent belongs to the inventor, sets out the procedures for requesting and obtaining a patent, and defines the rights of the patent holder. The law specifies that a patent shall expire 20 years after the filing date of the application, and provides for compulsory licensing where the patent is not exploited or insufficiently exploited. It also allows for exploitation of the patent by the Government or third persons when required for reasons of national security, nutrition, health or the development of other vital sectors of the national economy, or in response to anti-competitive practices. Part II of the law is concerned with
155. The authorities note that 75 patents have been granted in
156. Under Industrial Designs Act No.19 of 2003, an industrial design is registrable if it is new. The Act provides that the right to registration of an industrial design shall belong to the creator. It sets out the procedures for registering an industrial design, and states that registration is for five years from the filing date of the application, renewable for two further consecutive periods of five years. The law repeals the United Kingdom Designs (Protection) Act, and aligns national law with the terms of the Paris Convention for the Protection of Industrial Property.
(c) Copyright
157. Copyright Act No. 22 of 2003, which entered into effect in 2006, repealed the Copyright Act 1911 of the
(d) Other intellectual property rights
158. Under Geographical Indications Act No. 21 of 2003, which entered into effect in 2006, any interested person or group of producers or consumers may institute proceedings in the Court to prevent misleading the public or unfair competition, in respect of geographical indications. The law provides for registration, but also states that protection is available whether or not a geographical indication has been registered.
159. Integrated Circuits Topography Act No. 20 of 2003 makes it unlawful to reproduce a protected layout-design, or to import, sell, or otherwise distribute an unlawfully reproduced layout-design. The law, which entered into effect in 2006, sets out the procedures for registration of these designs.
160.
(e) Enforcement
161.
162. The Supreme Court of Judicature (comprising the High Court of Justice and the courts of appeal), has jurisdiction over
163. Enforcement remedies include: injunctions; damages, including recovery of profits, and expenses, including attorney's fees; and destruction or other disposal of infringing goods and materials/implements for their production. Under common law, a right holder who has valid grounds for suspecting that imports infringe any intellectual property right may apply to the court for an order for the suspension by the Customs Authorities of the release into free circulation of such goods. In addition, Section 50 of the Copyright Act 2003 allows the customs authorities to seize imported copies of published copyright material if a notice of objection has been given to the Comptroller of Customs and Excise. Customs authorities indicated, in the context of this Review, that this provision has not yet been enforced; the authorities indicated that they are still in the process of training.
164. Criminal offences are provided for under trade mark, copyright and industrial property legislation for certain violations, and are punishable with fines and imprisonment of up to five years.
IV. trade policies by sector
(1) Agriculture
165.
166. The authorities have placed a greater emphasis on agriculture during the review period, in part due to its potential to generate employment, particularly in rural areas, and as a result of concerns about the limited capacity of the services sector to create new employment. The Ministry of Agriculture, Lands and Fisheries and, with the Inter-American Institute for Cooperation on Agriculture (IICA), have jointly examined ways to maximize the potential of agriculture to the economy, particularly in rural areas, and facilitate development of agriculturally oriented value-added micro-enterprises. The authorities identified, inter alia, inadequate water resources for irrigation, inadequate reliance on technology, non-linkages between agriculture and other sectors, and a weak policy framework to guide the sector, as some of the challenges to improving the overall contribution of the sector to the local economy.[70]
167. The average tariff for agricultural products (WTO definition) is 16.2%; rates in the sector range from 0-40%. The average bound rate for agricultural products is 105.7%. The 40% rate applies to fruit and vegetables; fish and fish products; animals and products thereof; tobacco; beverages and spirits; coffee, tea, sugar and cocoa; and oils and fats (Chapter III(1)). Some of
(2) Manufacturing
168. Antigua and Barbuda's manufacturing is limited mainly to production of beverages, roofing galvanize, paints and varnishes, furniture, condiments, rum, garments, and some agri-processing and handicrafts. Manufacturing makes a relatively small contribution to GDP. In 2005, the sector contributed 2% to GDP and grew by 3.5%, after contracting by 4% in 2004.[71] The sector's share of GDP increased to 2.6% in 2006.[72]
169. The average tariff on manufactured imports is 10.2% (by ISIC sector) with rates ranging rates between zero and 70%. In 2005, manufacturing accounted for some 29% of total merchandise exports, at just US$35 million.
170. Manufacturing activities may benefit from incentives under the Fiscal Incentives Act Cap 172 (December 1975), and Free Trade and Processing Zone Act No. 12 of 1994.
(3) Services
(i) Main features
171. Antigua and Barbuda made sector-specific commitments under the General Agreement on Trade in Services in 6 of the 12 broadly defined service areas, or 32 of the approximately 160 subsectors: financial services (insurance services); business services (professional services; computer and related services; research and development services; tourism and travel related services (hotels and restaurants); recreational, cultural and sporting services (entertainment services); and transport services (maritime transport services). Unlike all other OECS-WTO Members,
172.
(ii) Telecommunications
173.
174. Telecoms services in
175.
176. Under the Telecommunications Act (1951), telecoms service providers must be licensed by the Telecommunications Division. The Cabinet has the authority to make rules on types and forms of licence and the manner in which licences applications are to be made, as well as the terms, conditions, and restrictions attached to granting licences and the duties of licensees. Licences have been granted to companies offering Cable TV, undersea cable and internet services. According to the authorities, there has been no standard approach to granting licences, with varying terms and conditions attached; however, the new Telecommunications Act will introduce a uniform approach. As at May 2007, 11 licences had been granted for internet services, and four of these licensees were operating internet networks and services.
177. There was no competition in the fixed-line market. The
178. According to the authorities, while APUA has a monopoly on all domestic services, including mobile services, it has introduced competition by sublicensing two companies (Digicel and Cable and Wireless) to provide mobile services, as well as providing mobile services itself.
179. Telecommunications revenues contributed around 10% to
180. Tariffs for local fixed-to-fixed-line calls are currently (mid 2007) around EC$0.05 per minute for peak time calls and EC$0.25 for off-peak calls; calls are charged per unit of three minutes. Fixed-line rental charges are EC$30 per month for residential users and EC$60 for business users. Tariffs for fixed-line-to-mobile calls are charged at the same rate to all mobile operators. An international call to the United States costs around EC$0.98 per minute, although in a deal offered by Cable and Wireless, the cost of certain calls listed by the customer could be as low as EC$0.25 per minute. The mobile charges offered by the three mobile operators were similar, at around EC$0.72 to EC$0.75 per minute, with on-network calls being cheaper.
181. Until it was replaced by the
182. Call-back services are prohibited under the Telecommunications (Prevention and Prohibition of Unauthorised Use and Services Act), No. 16 of 1994; and amendments to the Act in 2003 also prohibited bypass of the international gateway.[80]
(iii) Financial services
183. The authorities, intend to create a single regulatory unit for all non-bank financial services, by transferring authority for credit unions, domestic casinos, landbased casinos, insurance and money transfer services to the Financial Services Regulatory Commission (FSRC). It is expected that this will be achieved in 2008. Currently the FSRC regulates only the offshore sector (see below).
184.
(a) Onshore financial services
Banking
185. Domestic Banks in
186. Banks must be licensed by the Minister of Finance, and fulfil the conditions required for licensing (see Overview Report). These include that banks (both local and foreign financial institutions) must be established as a locally incorporated company, a subsidiary or a branch and have a place of business there. The authorities confirm that
187. There are eight commercial banks operating in Antigua and Barbuda: three are branches of foreign banks (Bank of Nova Scotia; First Caribbean International Bank (Barbados) Ltd; and Royal Bank of Canada); four are locally incorporated and locally owned (ABI Bank Ltd; Antigua Commercial Bank; Bank of Antigua Ltd; and Caribbean Union Bank Ltd.); and one bank is a locally incorporated branch of a regionally owned bank (RBTT Bank Caribbean Ltd.). In 2005, the weighted average spread between commercial bank deposit and lending rates was 7 percentage points (3.9% deposit, 10.9% lending).[83]
188. The authorities note that credit unions are important players in the financial system and are expanding and offering new services. The two major credit unions are
Insurance
189. The Insurance Act, Cap 218 and the Insurance (Licence) Act Cap 220 of the revised Laws of Antigua and
190. In 2007, there were 23 onshore insurance companies registered and operating in
191. To be registered, insurance companies must deposit EC$200,000 with the Accountant General.[85] Insurers must also be lawfully constituted in accordance with the laws of the country in which the head office is situated, have a paid-up share capital of not less than EC$200,000, and be registered as a company under the Companies Act.[86] Under the Insurance Act, foreign insurance companies must have a principal office in
192. An initial registration fee (currently EC$5,000) and an annual fee for continued registration (currently EC$5,000) are also payable.[87] The Minister of Finance has the right to refuse applications if they are deemed not to be in the public interest; the Minister is not obliged to provide a reason.[88]
193. Under the Insurance Levy Act, special insurance brokers who place business with an insurer not registered under the Insurance Act are liable for an insurance levy of 3% of the premium paid to the insurer, less the agent's commission. This applies to all classes of insurance except motor vehicles.
(b) Offshore financial services
194. Offshore banking and insurance are regulated by the Financial Services Regulatory Commission (FSRC).[89] Within the FSRC there is a Supervisor of International Banks and Trust Corporations and a Superintendent of International Insurance Companies.[90] The main laws governing offshore financial services are the International Business Corporations (IBC) Act (as amended) and the International Trusts Act.[91]
195. International banks and insurance companies, require a licence. They enjoy complete tax exemption, guaranteed by the Government for 50 years from establishment, as well as total exemption from exchange control, and are allowed to issue bearer shares. There are 17 international banks registered in
196. The minimum capital requirements for establishing an international bank are: US$3 million for Class I, and US$500,000 for Class II banks; US$250,000 for international insurance companies; and US$250,000 for international trust companies. International banks may only conduct transactions in currencies other than those of CARICOM members. International banks and insurance companies are precluded from any active trade or business within
197.
(iv) Air transport
198.
199.
200.
201.
202. Over the review period, the Government introduced a passenger facility tax of US$10 per individual to help pay for the expansion and development of the airport.[96] This includes work on the runway as well as the building of a new terminal.
203. The main regional airline is LIAT; until early 2007, Caribbean Star, registered in
204. Overall responsibility for the development and supervision of civil aviation in
205. The main legislation governing the sector is Civil Aviation Act No. 25 2003. Under Article 49 of the Act, the Minister has the authority to make regulations on all aspects of civil aviation, including with respect to the licensing of persons to provide certain services.
206. The Civil Aviation Act 2003, does not directly impose restrictions on cabotage services, however, under Article 52, the Minister has the authority to make regulations for the control of commercial aircraft carrying goods and services within
207. Under the Act, approval by the Minister of Tourism and Civil Aviation is required before air transport service licences may be granted by the Air Transport Licensing Board. This requirement does not apply, however, to citizens of
208.
209.
210. Effects are underway to revise the CARICOM MASA to bring it into conformity with the requirements of the Revised Treaty of Chaguaramas. This is a necessary prerequisite to any measures for advancing open skies type arrangements with third party States.
(v) Maritime transport
211. The main legislation governing maritime transport is Merchant Shipping Act No.1 of 2006.[99] The 2006 Act consolidates and modernizes the previous legislation and provides for the implementation of international conventions and agreements to which
212. Under the Aliens Restriction Act, Cap 16, the masters, chief officers and chief engineers of merchant ships registered in
213. Cabotage may be carried out only by
214.
215. The Antigua Port Authority is responsible for developing the harbours of
216. A travel tax, an embarkation tax, and a cruise passenger tax are levied on passengers travelling to and from
217. According to the authorities additional security measures were taken during the period under review, to bring
(vi) Tourism
218. Tourism is one of the key forces driving the economy, the sector has been the main beneficiary of FDI inflows into Antigua and Barbuda in recent years, and is the most significant foreign exchange earner (see Chapter I).
219. In 2005, stayover and cruise ship visitors to
220. The Government has been developing facilities for cruise ships, such as access to duty-free shopping and entertainment, to boosting the gains from cruise tourism. During the review period a cruise ship complex has been developed at
221. The Minister of Tourism, Culture, Civil Aviation and the Environment is responsible for formulating and implementing tourism policy.
222. In its GATS schedule,
223.
224. In 2005, to encourage development of accommodation for the Cricket World Cup, tax concessions were granted for building new and renovating existing tourist accommodation. These concessions included income tax holidays of up to 25 years depending on the number of rooms; relief on stamp duty on transfer of land, property, and non-citizens' landholding licence fees, based on the number of rooms; a percentage tax credit for financial institutions, based on the size of the investment; a waiver of custom duty and consumption tax on imports of building materials and equipment; and the right to tax-free repatriation of capital, royalties, dividends, and profits.[111] Incentives may also be granted under project-specific legislation.
225. A number of tourism-related taxes and charges are levied by the Government of Antigua and Barbuda: a 10% travel tax payable on every ticket issued for travel, originating in Antigua and Barbuda by air or sea[112]; an embarkation tax for each traveller on leaving Antigua and Barbuda, by air or sea, with a lower rate for citizens of Antigua and Barbuda and CARICOM (EC$35) than to all other travellers (EC$50)[113]; a cruise passenger tax of US$3 for every passenger carried aboard a cruise ship visiting Antigua and Barbuda[114]; and a passenger facility charge of US$10 on passengers travelling by air and sea (section (iv) above). With the introduction of the
(vii) Professional services
226.
227. Some general legislation affects the market access of foreign professional service providers. For example, under the Antigua and Barbuda Labour Code, all foreigners wishing to work (employed or self-employed) in
228. A number of steps are being taken at the national and CARICOM levels to give effect to the requirements of Chapter III of the Revised Treaty of Chaguaramas, which relates to the right to establishment and to the provision of services within CARICOM. A Draft Model Professionals Bill, developed at the CARICOM level, deals inter alia, with requirements and procedures for registration and licensing of certain service providers, including professional service providers. This is intended to form the framework for laws for specific professions to be transposed into national legislation.
(a) Architectural services
229. Only registered architects may provide architectural services in
230. Architects must have a minimum of three years of practical experience, of which one year in
(b) Engineering services
231. Under the Engineers Registration Act (Cap 153) (as amended), engineers must be on the Engineers' Register in order to practice in
232. In order to be registered, engineers must be resident in Antigua and Barbuda, over the age of 21, have an engineering degree from the University of the West Indies or other acceptable place of learning (or have sufficient working experience in place of a professional qualification), and have at least four years of experience. At least one of these years of experience must have been acquired in
233. Non-residents may be registered to provide engineering services if they are registered in another country with similar registration requirements; if reciprocal arrangements exist between the Registration Boards of the two countries; and if a work permit has been obtained. In addition, non-resident engineering consulting specialists with a minimum of ten years of experience and with qualifications at least equal to those required for an engineer in
(c) Legal services
234.
235. Under the Legal Profession Act (No. 9, 1997)[123], only citizens of
(viii) Other offshore services
236. Offshore business companies must be incorporated under the International Business Corporations (IBC) Act (as amended), and are regulated by the Financial Services Regulatory Commission. These companies enjoy the same tax exemptions as offshore financial services companies (see above), with the exception of an income tax of 3% introduced in 2001, which they must pay.[126] They must have a registered office and a registered agent in
237. At May 2007, there were 44 licences issued for the operation of interactive wagering and/or gaming in
Caribbean Development Bank (2006), Annual Economic Review 2005. Viewed at: http://www.caribank.org/Publications.nsf/EReview2005_antiguabarbuda/$File/ECReview2005_antiguabarbuda.pdf?OpenElement.
Caribbean Development Bank (2007), Annual Economic Review 2006. Viewed at: http://www.caribank.org/AnReport.nsf/AER06-Ant/$File/AER2006_Antigua.pdf?OpenElement.
ECCB (2006), Annual Economic and Financial Report 2005. Viewed at: http://www.eccb-centralbank.org/PDF/AEFR%202005%20-%20Final%20Document.pdf.
ECCB (2007), Annual Economic and Financial Report 2006. Viewed at: http://www.eccb-centralbank.org/PDF/AEFR%202006%20-%20Final%20Document.pdf.
Government of
IICA (2006), National Agenda for Cooperation–Antigua and
IMF (2006), Antigua and Barbuda: 2005 Article IV Consultation-Staff Report; Staff Statement; Public Information Notice on the Executive Board Discussion; and Statement by the Authorities of Antigua and Barbuda, IMF Country Report No. 06/145,01 April, Washington D.C.
OECD (2006), OECD Investment Policy Reviews: Caribbean Rim :
UNCTAD (2006), World Investment Report 2006, FDI from Developing and Transition Economies: Implications for Development. Viewed at: http://www.unctad.org/en/docs/wir2006_en.pdf.
Vuletin, Guillermo (2007), "The Size of the Informal Economy in the Caribbean", Eastern Caribbean Currency
World Bank (2007),
Merchandise exports and re-exports by group of products, 2000-06
(US$ million and per cent)
|
Description |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
|
|
(US$ million) | ||||||
|
Total |
23 |
.. |
.. |
.. |
.. |
121 |
.. |
|
|
(% of total) | ||||||
|
Total primary products |
10.3 |
.. |
.. |
.. |
.. |
71.1 |
.. |
|
Agriculture |
6.8 |
.. |
.. |
.. |
.. |
1.2 |
.. |
|
Food |
5.4 |
.. |
.. |
.. |
.. |
1.1 |
.. |
|
1124 Spirits |
2.1 |
.. |
.. |
.. |
.. |
0.4 |
.. |
|
0342 Fish, frozen (excluding fillets and minced fish) |
0.0 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
1110 Non-alcoholic beverage, n.e.s. |
0.7 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
0752 Spices (except pepper and pimento) |
0.0 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
Agricultural raw material |
1.4 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
Mining |
3.5 |
.. |
.. |
.. |
.. |
69.9 |
.. |
|
Ores and other minerals |
1.0 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
2734 Pebbles, gravel, etc. for concrete aggregates |
0.0 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
Non-ferrous metals |
0.1 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
Fuels |
2.4 |
.. |
.. |
.. |
.. |
69.9 |
.. |
|
3341 Motor gasolene, light oil |
0.4 |
.. |
.. |
.. |
.. |
16.8 |
.. |
|
3342 Kerosene, medium oils (not including gas oils) |
0.0 |
.. |
.. |
.. |
.. |
13.5 |
.. |
|
Manufactures |
89.6 |
.. |
.. |
.. |
.. |
28.9 |
.. |
|
Iron and steel |
3.4 |
.. |
.. |
.. |
.. |
1.5 |
.. |
|
6743 Flat-rolled iron/steel products, painted/varnished, etc. |
0.8 |
.. |
.. |
.. |
.. |
1.2 |
.. |
|
Chemicals |
6.2 |
.. |
.. |
.. |
.. |
1.0 |
.. |
|
5334 Paints and varnishes; plastics in solution; etc. |
4.1 |
.. |
.. |
.. |
.. |
0.6 |
.. |
|
5429 Medicaments, n.e.s. |
0.4 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
Other semi-manufactures |
4.1 |
.. |
.. |
.. |
.. |
1.4 |
.. |
|
6942 Screws, bolts, nuts and similar articles of iron or steel |
0.3 |
.. |
.. |
.. |
.. |
0.3 |
.. |
|
6931 Stranded wire/ropes, etc., iron/steel, etc., not electrically |
0.1 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
6996 Articles iron or steel, n.e.s. |
0.3 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
Machinery and transport equipment |
62.7 |
.. |
.. |
.. |
.. |
20.0 |
.. |
|
Power generating machines |
2.0 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
Other non-electrical machinery |
8.7 |
.. |
.. |
.. |
.. |
1.8 |
.. |
|
7449 Parts for machinery of 744.11 to .13, .2, .4, .7 and .8 |
0.4 |
.. |
.. |
.. |
.. |
0.3 |
.. |
|
7232 Mechanical shovels, etc., self-propelled |
0.8 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
7431 Air/vacuum pumps/compressors, etc. with fan |
0.3 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
Agricultural machinery and tractors |
0.0 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
Office machines & telecommunication equipment |
39.3 |
.. |
.. |
.. |
.. |
5.7 |
.. |
|
7648 Telecommunications equipment, n.e.s. |
0.7 |
.. |
.. |
.. |
.. |
4.7 |
.. |
|
7599 Parts and accessories of 751.1, 751.2, 751.9 and 752 |
1.8 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
7642 Microphones and stands thereof; loudspeakers |
2.2 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
Other electrical machines |
1.7 |
.. |
.. |
.. |
.. |
0.4 |
.. |
|
7784 Electro-mechanical hand tools and parts |
0.2 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
7781 Batteries and electric accumulators, and parts |
0.1 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
Automotive products |
5.0 |
.. |
.. |
.. |
.. |
0.7 |
.. |
|
7812 Motor vehicles for the transport of persons, n.e.s. |
1.6 |
.. |
.. |
.. |
.. |
0.6 |
.. |
|
7821 Goods vehicles |
2.1 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
Other transport equipment |
6.1 |
.. |
.. |
.. |
.. |
11.1 |
.. |
|
7931 Yachts and other pleasure/sports/vessels |
1.3 |
.. |
.. |
.. |
.. |
10.5 |
.. |
|
7131 Aircraft internal combustion piston engines and parts |
1.0 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
7929 Parts, n.e.s., (excl. tyres, engines, electrical parts) of 792 |
1.4 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
Textiles |
3.7 |
.. |
.. |
.. |
.. |
1.7 |
.. |
|
Clothing |
0.8 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
Other consumer goods |
8.6 |
.. |
.. |
.. |
.. |
3.2 |
.. |
|
8928 Printed matter, n.e.s. |
0.1 |
.. |
.. |
.. |
.. |
1.5 |
.. |
|
8741 Compasses; other navigational instruments; surveying |
0.1 |
.. |
.. |
.. |
.. |
0.6 |
.. |
.. Not available.
Source: UNSD, Comtrade database (SITC Rev.3).
Table AI.2
Merchandise imports by group of products, 2000-06
(US$ million and per cent)
|
Description |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
|
|
(US$ million) | ||||||
|
Total |
338 |
.. |
.. |
.. |
.. |
525 |
.. |
|
|
(% of total) | ||||||
|
Total primary products |
41.1 |
.. |
.. |
.. |
.. |
54.2 |
.. |
|
Agriculture |
24.1 |
.. |
.. |
.. |
.. |
19.3 |
.. |
|
Food |
21.7 |
.. |
.. |
.. |
.. |
17.6 |
.. |
|
1110 Non-alcoholic beverage, n.e.s. |
2.0 |
.. |
.. |
.. |
.. |
1.8 |
.. |
|
0123 Poultry, meat and offal |
1.6 |
.. |
.. |
.. |
.. |
1.5 |
.. |
|
0989 Food preparations, n.e.s. |
1.8 |
.. |
.. |
.. |
.. |
1.0 |
.. |
|
1121 Wine of fresh grapes (including fortified wine) |
0.7 |
.. |
.. |
.. |
.. |
0.8 |
.. |
|
1124 Spirits |
0.6 |
.. |
.. |
.. |
.. |
0.6 |
.. |
|
0545 Other fresh or chilled vegetables |
0.7 |
.. |
.. |
.. |
.. |
0.6 |
.. |
|
Agricultural raw material |
2.4 |
.. |
.. |
.. |
.. |
1.7 |
.. |
|
2482 Wood of coniferous, sawn of a thickness > 6 mm |
1.1 |
.. |
.. |
.. |
.. |
0.8 |
.. |
|
2483 Wood, coniferous (incl. for parquet flooring) shaped |
0.5 |
.. |
.. |
.. |
.. |
0.5 |
.. |
|
Mining |
17.1 |
.. |
.. |
.. |
.. |
34.9 |
.. |
|
Ores and other minerals |
0.5 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
Non-ferrous metals |
0.3 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
Fuels |
16.3 |
.. |
.. |
.. |
.. |
34.6 |
.. |
|
3342 Kerosene, medium oils (not including gas oils) |
0.4 |
.. |
.. |
.. |
.. |
9.3 |
.. |
|
3341 Motor gasolene, light oil |
11.9 |
.. |
.. |
.. |
.. |
6.5 |
.. |
|
Manufactures |
58.7 |
.. |
.. |
.. |
.. |
45.8 |
.. |
|
Iron and steel |
1.2 |
.. |
.. |
.. |
.. |
1.4 |
.. |
|
Chemicals |
6.6 |
.. |
.. |
.. |
.. |
5.0 |
.. |
|
5429 Medicaments, n.e.s. |
1.3 |
.. |
.. |
.. |
.. |
0.7 |
.. |
|
5542 Surface-active agents (excl. soap) |
0.9 |
.. |
.. |
.. |
.. |
0.7 |
.. |
|
Other semi-manufactures |
10.4 |
.. |
.. |
.. |
.. |
8.0 |
.. |
|
6343 Plywood of sheets <6 mm thickness |
0.8 |
.. |
.. |
.. |
.. |
0.6 |
.. |
|
6429 Articles of paper pulp, paper, etc., n.e.s. |
0.6 |
.. |
.. |
.. |
.. |
0.5 |
.. |
|
6911 Iron or steel structures, tubes and the like, for use in structures |
0.4 |
.. |
.. |
.. |
.. |
0.5 |
.. |
|
6624 Non-refractory brick, tiles, pipes, etc. |
0.5 |
.. |
.. |
.. |
.. |
0.5 |
.. |
|
Machinery and transport equipment |
27.7 |
.. |
.. |
.. |
.. |
21.1 |
.. |
|
Power generating machines |
2.2 |
.. |
.. |
.. |
.. |
1.0 |
.. |
|
Other non-electrical machinery |
3.8 |
.. |
.. |
.. |
.. |
3.8 |
.. |
|
7232 Mechanical shovels, etc., self-propelled |
0.3 |
.. |
.. |
.. |
.. |
0.6 |
.. |
|
7415 Air conditioning machines, and parts |
0.4 |
.. |
.. |
.. |
.. |
0.4 |
.. |
|
Agricultural machinery and tractors |
0.2 |
.. |
.. |
.. |
.. |
0.2 |
.. |
|
Office machines & telecommunication equipment |
9.5 |
.. |
.. |
.. |
.. |
3.9 |
.. |
|
7643 Radio or television transmission apparatus |
1.2 |
.. |
.. |
.. |
.. |
0.8 |
.. |
|
7649 Parts and accessories for apparatus of division 76 |
0.4 |
.. |
.. |
.. |
.. |
0.5 |
.. |
|
Other electrical machines |
3.5 |
.. |
.. |
.. |
.. |
2.3 |
.. |
|
7731 Insulated wire, cable etc.; optical fibre cables |
0.6 |
.. |
.. |
.. |
.. |
0.4 |
.. |
|
7752 Household fridges and freezers |
0.3 |
.. |
.. |
.. |
.. |
0.3 |
.. |
|
7781 Batteries and electric accumulators, and parts |
0.3 |
.. |
.. |
.. |
.. |
0.3 |
.. |
|
Automotive products |
5.5 |
.. |
.. |
.. |
.. |
5.3 |
.. |
|
7812 Motor vehicles for the transport of persons, n.e.s. |
3.9 |
.. |
.. |
.. |
.. |
3.8 |
.. |
|
Other transport equipment |
3.1 |
.. |
.. |
.. |
.. |
4.7 |
.. |
|
7931 Yachts and other pleasure/sports/vessels |
0.4 |
.. |
.. |
.. |
.. |
4.0 |
.. |
|
Textiles |
1.7 |
.. |
.. |
.. |
.. |
1.5 |
.. |
|
Clothing |
1.8 |
.. |
.. |
.. |
.. |
1.2 |
.. |
|
Other consumer goods |
9.4 |
.. |
.. |
.. |
.. |
7.7 |
.. |
|
8215 Furniture, n.e.s., of wood |
0.8 |
.. |
.. |
.. |
.. |
0.9 |
.. |
|
8921 Printed books, pamphlets, maps, etc. (excl. ad. material) |
0.7 |
.. |
.. |
.. |
.. |
0.6 |
.. |
|
8211 Seats (excl. of 872.4), and parts |
0.4 |
.. |
.. |
.. |
.. |
0.4 |
.. |
.. Not available.
Source: UNSD, Comtrade database (SITC Rev.3).
Table AI.3
Merchandise exports and re-exports by trading partner, 2000-06
(US$ million and per cent)
|
Description |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
|
|
(US$ million) | ||||||
|
Total |
23 |
.. |
.. |
.. |
.. |
121 |
.. |
|
|
(% of total) | ||||||
|
|
16.8 |
.. |
.. |
.. |
.. |
82.4 |
.. |
|
|
4.3 |
.. |
.. |
.. |
.. |
9.3 |
.. |
|
Other |
12.5 |
.. |
.. |
.. |
.. |
73.1 |
.. |
|
|
0.4 |
.. |
.. |
.. |
.. |
0.3 |
.. |
|
|
1.7 |
.. |
.. |
.. |
.. |
28.2 |
.. |
|
|
1.6 |
.. |
.. |
.. |
.. |
12.4 |
.. |
|
|
0.2 |
.. |
.. |
.. |
.. |
8.5 |
.. |
|
|
0.1 |
.. |
.. |
.. |
.. |
8.1 |
.. |
|
|
0.7 |
.. |
.. |
.. |
.. |
4.6 |
.. |
|
|
0.1 |
.. |
.. |
.. |
.. |
4.6 |
.. |
|
|
1.5 |
.. |
.. |
.. |
.. |
1.8 |
.. |
|
|
0.4 |
.. |
.. |
.. |
.. |
1.2 |
.. |
|
|
5.4 |
.. |
.. |
.. |
.. |
28.0 |
.. |
|
EC(25) |
5.4 |
.. |
.. |
.. |
.. |
28.0 |
.. |
|
|
4.4 |
.. |
.. |
.. |
.. |
20.2 |
.. |
|
The |
0.0 |
.. |
.. |
.. |
.. |
3.0 |
.. |
|
|
0.6 |
.. |
.. |
.. |
.. |
2.7 |
.. |
|
|
0.1 |
.. |
.. |
.. |
.. |
1.8 |
.. |
|
EFTA |
0.0 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
Other |
0.0 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
|
0.0 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
|
0.0 |
.. |
.. |
.. |
.. |
10.1 |
.. |
|
|
0.0 |
.. |
.. |
.. |
.. |
7.7 |
.. |
|
|
0.0 |
.. |
.. |
.. |
.. |
1.8 |
.. |
|
|
0.0 |
.. |
.. |
.. |
.. |
0.6 |
.. |
|
|
0.0 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
|
0.1 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
|
0.0 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
|
0.1 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
Six East Asian Traders |
0.0 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
Other |
0.0 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
Other |
0.3 |
.. |
.. |
.. |
.. |
0.0 |
.. |
|
Memorandum: |
| ||||||
|
EC(15) |
|
|
|
|
|
|
.. |
|
|
4.4 |
.. |
.. |
.. |
.. |
20.2 |
.. |
|
The |
0.0 |
.. |
.. |
.. |
.. |
3.0 |
.. |
|
|
0.6 |
.. |
.. |
.. |
.. |
2.7 |
.. |
|
|
0.1 |
.. |
.. |
.. |
.. |
1.8 |
.. |
|
ASEAN |
0.0 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
APEC |
4.8 |
.. |
.. |
.. |
.. |
9.8 |
.. |
|
|
4.3 |
.. |
.. |
.. |
.. |
9.3 |
.. |
|
|
0.4 |
.. |
.. |
.. |
.. |
0.3 |
.. |
|
|
0.0 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
MERCOSUR |
0.0 |
.. |
.. |
.. |
.. |
0.1 |
.. |
|
|
0.0 |
.. |
.. |
.. |
.. |
0.1 |
|
.. Not available.
Source: UNSD, Comtrade database (SITC Rev.3).
Table AI.4
Merchandise imports by trading partner, 2000-06
(US$ million and per cent)
|
Description |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
|
|
|
|
| |||
|
|
(US$ million) |
| |||||||||||||
|
Total |
338 |
|
.. |
.. |
.. |
525 |
.. |
|
|
|
| ||||
|
|
(% of total) |
| |||||||||||||
|
|
82.2 |
|
.. |
.. |
.. |
81.3 |
.. |
|
|
|
| ||||
|
|
49.3 |
|
.. |
.. |
.. |
48.9 |
.. |
| |||||||
|
Other |
32.9 |
|
.. |
.. |
.. |
32.4 |
.. |
| |||||||
|
|
3.7 |
|
.. |
.. |
.. |
1.2 |
.. |
| |||||||
|
|
6.4 |
|
.. |
.. |
.. |
10.9 |
.. |
| |||||||
|
|
11.9 |
|
.. |
.. |
.. |
10.2 |
.. |
| |||||||
|
|
0.1 |
|
.. |
.. |
.. |
2.7 |
.. |
| |||||||
|
|
1.6 |
|
.. |
.. |
.. |
1.2 |
.. |
| |||||||
|
|
0.3 |
|
.. |
.. |
.. |
0.8 |
.. |
| |||||||
|
|
0.8 |
|
.. |
.. |
.. |
0.7 |
.. |
| |||||||
|
|
0.9 |
|
.. |
.. |
.. |
0.6 |
.. |
| |||||||
|
|
11.6 |
|
.. |
.. |
.. |
12.1 |
.. |
| |||||||
|
EC(25) |
11.1 |
|
.. |
.. |
.. |
11.6 |
.. |
| |||||||
|
|
7.4 |
|
.. |
.. |
.. |
6.8 |
.. |
| |||||||
|
|
0.5 |
|
.. |
.. |
.. |
2.0 |
.. |
| |||||||
|
|
0.9 |
|
.. |
.. |
.. |
1.2 |
.. |
| |||||||
|
|
0.8 |
|
.. |
.. |
.. |
0.5 |
.. |
| |||||||
|
EFTA |
0.4 |
|
.. |
.. |
.. |
0.4 |
.. |
| |||||||
|
Other |
0.0 |
|
.. |
.. |
.. |
0.0 |
.. |
| |||||||
|
|
0.0 |
|
.. |
.. |
.. |
0.0 |
.. |
| |||||||
|
|
0.6 |
|
.. |
.. |
.. |
0.2 |
.. |
| |||||||
|
|
0.0 |
|
.. |
.. |
.. |
0.1 |
.. |
| |||||||
|
|
0.0 |
|
.. |
.. |
.. |
0.1 |
.. |
| |||||||
|
|
5.3 |
|
.. |
.. |
.. |
6.3 |
.. |
| |||||||
|
|
0.2 |
|
.. |
.. |
.. |
0.9 |
.. |
| |||||||
|
|
3.1 |
|
.. |
.. |
.. |
2.8 |
.. |
| |||||||
|
Six East Asian Traders |
1.1 |
|
.. |
.. |
.. |
0.9 |
.. |
| |||||||
|
|
0.7 |
|
.. |
.. |
.. |
0.4 |
.. |
| |||||||
|
|
0.1 |
|
.. |
.. |
.. |
0.2 |
.. |
| |||||||
|
Other |
0.8 |
|
.. |
.. |
.. |
1.7 |
.. |
| |||||||
|
|
0.0 |
|
.. |
.. |
.. |
1.2 |
.. |
| |||||||
|
Other |
0.2 |
|
.. |
.. |
.. |
0.1 |
.. |
| |||||||
|
Areas n.e.s |
0.2 |
|
.. |
.. |
.. |
0.1 |
.. |
| |||||||
|
Memorandum: |
|
| |||||||||||||
|
EC(15) |
11.1 |
|
.. |
.. |
.. |
11.6 |
.. |
| |||||||
|
ASEAN |
0.3 |
|
.. |
.. |
.. |
0.5 |
... |
| |||||||
|
|
0.1 |
|
.. |
.. |
.. |
0.2 |
.. |
| |||||||
|
APEC |
58.3 |
|
.. |
.. |
.. |
56.7 |
.. |
| |||||||
|
|
49.3 |
|
.. |
.. |
.. |
48.9 |
.. |
| |||||||
|
|
3.1 |
|
.. |
.. |
.. |
2.8 |
.. |
| |||||||
|
|
0.0 |
|
.. |
.. |
.. |
1.2 |
.. |
| |||||||
|
|
3.7 |
|
.. |
.. |
.. |
1.2 |
.. |
| |||||||
|
|
0.2 |
|
.. |
.. |
.. |
0.9 |
.. |
| |||||||
|
MERCOSUR |
0.3 |
|
.. |
.. |
.. |
0.9 |
.. |
| |||||||
|
|
0.3 |
|
.. |
.. |
.. |
0.8 |
.. |
| |||||||
.. Not available.
Source: UNSD, Comtrade database (SITC Rev.3).
__________
[1] The totals do not add to 100% because each GDP share includes financial intermediation services indirectly measured (ECCB, 2006).
[2] IMF Public Information Notice (PIN) No. 07/7,
[3] IMF online information. Viewed at: http://www.imf.org/external/pubs/ft/weo/2007/01/data/ eoselgr.aspx.
[4] World Bank (2007).
[5] IMF (2006).
[6] Vuletin (2007).
[7] IMF (2006).
[8] ECCB (2007).
[9] ECCB (2007).
[10] ECCB (2006).
[11] For example, COMTRADE export-import data are not available for the period 2001-04; this information is available for all other OECS-WTO Members.
[12] UNCTAD (2006).
[13] IMF Public Information Notice (PIN) No. 07/7,
[14] IMF (2006).
[15] Government of
[16] Ministry of Finance online information. Viewed at: http://www.antigua-barbuda.com/finance_ investment/incentives_for_investors.asp.
[17] Commonwealth Secretariat online information. Viewed at: http://www.thecommonwealth.org/ Internal/159364/148309/148340/antigua_and_barbuda/.
[18] Organization of American States online information. Viewed at: http://www.sice.oas.org/ ctyindex/ATG/ATGBITs_e.asp.
[19] GATT document 34S/25.
[20] WTO online information. Available at: http://www.wto.org/english/ tratop_e/serv_e/s_negs_e.htm.
[21] WTO document G/SCM/W/535 12 April 2006.
[22] WTO document WT/DS285/R,
[23] WTO online information. Available at: http://www.wto.org/english/tratop_e/dispu_e/ases_e/ds285 _e.htm.
[24] WTO document WT/DS285/16,
[25] WTO document WT/DS285/19,
[26] WTO document WT/DS285/RW,
[27] WTO document WT/DS285/21,
[28] WTO document WT/DS285/22,
[29] WTO document WT/DS285/23,
[30] USTR online information. Viewed at: http://www.ustr.gov/Trade_Development/Preference_ programs/CBI/Section_Index.html.
[31] United States Mission to the European Union online information. Viewed at: http://useu.usmission.gov/Article.asp?ID=61B91BDA-CE9E-458B-A72B-629C1A2B1B95.
[32] Jamaica Customs online services. Viewed at: http://unpan1.un.org/intradoc/groups/public/ documents/Other/UNPAN022058.pdf.
[33] Government of
[34] Exceptions to the CET are included in Lists A, C, and D, annexed to the CET. Rates vary by country and products. For products included in List A, mainly agricultural products, packaging material, ceramics, washing machines and dryers, and sanitary fixtures, which may be subject to a maximum customs duty of 40%,
[35] WTO document WT/DS302/R,
[36] Official Gazette Vol. XXVI No. 52,
[37] WTO document G/
[38] WTO document G/
[39] WTO document G/
[40] WTO document G/
[41] The products specified by
[42] WTO online information. Available at: http://www.wto.org/english/tratop_e/tbt_e/tbt_enquiry_ points_e.htm.
[43] WTO document G/TBT/CS/2/Rev.13,
[44]
[45] WTO document G/SPS/N/
[46] An LMO is a genetically modified organism that is capable of reproduction (e.g., seeds).
[47] WTO document G/SPS/N/
[48] WTO document G/SPS/N/
[49] WTO document G/SPS/N/
[50] According to the authorities, the Hotels Aids Act, Cap 207 of 1954, Fisheries Act, Cap 173, and the relief granted to the fishing industry under the
[51] WTO document G/SCM/51/Add.4,
[52] WTO document G/
[53] The proposal to extend the period is contained in WTO documents G/SCM/W/542,
[54] WTO documents G/
[55] OECD (2006), p. 24.
[56] WTO document G/SCM/Q3/ATG/8,
[57] WTO document G/
[58]
[59] OECD (2006), p. 48.
[60] The main products are: aerated beverages, animal and poultry parts, butter, cheese, cocoa, fish, fruits, grains, jams, meats, milk, oils and fats, salt, sugar, soap, vegetables, school texts, toothpaste, gasoline, kerosene, and gas. There has been no change in the list during the review period.
[61] Based on Ministry of Finance and the Economy budget estimates, the value of annual procurement by the Central Government was EC$84.1 million in 2000, EC$108.4 million in 2001, EC$167.9 million in 2002, EC$100.5 million in 2003, EC$111.9 million in 2004 and EC$111.6 million in 2005.
[62] WTO documents IP/Q/
[63] WTO document IP/N/6/
[64] Government of
[65] Government of
[66] Government of
[67] IICA (2006).
[68] Caribbean Development Bank (2006).
[69] Caribbean Development Bank (2007).
[70] IICA (2006).
[71] Caribbean Development Bank (2006).
[72] Caribbean Development Bank (2007).
[73]
[74] WTO document GATS/SC/2/Suppl.1,
[75] Ministry of Information, Broadcasting and Telecommunications online information. Viewed at: http://www.ab.gov.ag/gov_v2/government/shared/dep_information.html.
[76] Telecommunications Act 1951. Viewed at: http://www.laws.gov.ag/acts/chapters/cap-423.pdf.
[77] Public Utilities Act, Cap 359, 1973. Viewed at: www.laws.gov.ag/acts/chapter-359.pdf.
[78] Telecommunications Tax Act. Viewed at: http://www.laws.gov.ag/acts/chapters/cap-424.pdf.
[79] ECCB (2006).
[80] Telecommunications (Prevention and Prohibition of Unauthorised Use and Services Act, No. 16, 1994). Viewed at: http://www.laws.gov.ag/acts/1994/a1994-16.pdf; and, Telecommunications (Prevention and Prohibition of Unauthorized Use and Services (Amendment) Act, No. 1 2003. Viewed at: http://www.laws. gov.ag/acts/2003/a2003-1.pdf.
[81] WTO document GATS/SC/2,
[82] Banking Act No. 14 of 2005. Viewed at: http://www.laws.gov.ag/acts/2005/a2005-14.pdf. The various changes introduced by the 2005 Banking Act, and their rationale are described at the end of the Act.
[83] ECCB (2006).
[84] Government of
[85] Section 7 of the Insurance Act.
[86] Section 14 of the Insurance Act.
[87] Schedule of the Insurance Act.
[88] Section 6 of the Insurance Act.
[89] Financial Services Regulatory Commission online information. Viewed at: www.fsrc.gov.ag. The FSRC was created as a result of the International Business Corporation (Amendment) Act 2002.
[90] These offices were created by International Business Corporation (Amendment) Act No. 10, 2002.
[91] Since 2001, there have been several amendments to the International Business Corporation Act (No. 9 of 2001; No. 10 of 2002; No. 20 of 2002; No. 5 of 2004; and No. 18 of 2005). Viewed at: http://www.laws.gov.ag/acts/acts-abc.htm#I.
[92] FATF online information. Viewed at: http://www.fatf-gafi.org/dataoecd/56/43/33921824.pdf.
[93] WTO document GATS/SC/2,
[94] These figures do not include passengers in transit at the VC Bird International Airport, and represent only stay-over visitors/arrivals. The authorities estimate that transit passengers may account for as much as 25% of traffic at this airport.
[95] Caribbean Tourism Organisation online information. Viewed at: http://www.onecaribbean.org/ information/documentview.php?rowid=4364.
[96] Passenger Facility Charge Act, 2002, and Passenger Facility Charge (Amendment) Act, 2003. Viewed at: http://www.laws.gov.ag/acts/acts-abc.htm#P.
[97] Other major shareholders in LIAT are the Governments of Barbados,
[98] Government of
[99] Merchant Shipping Act No. 1 of 2006. Viewed at: http://www.laws.gov.ag/acts/2006/a2006-1.pdf.
[100] ADOMS online information. Viewed at: http://www.antiguamarine.com.
[101] Government of
[102] Antigua and
[103]
[104] Port Authority Act, Article 5. Viewed at: http://www.laws.gov.ag/acts/chapters/cap-333.pdf.
[105] Visitor arrivals totalled 510,326 in 2002, and 609,718 in 2003.
[106] Government of
[107] ECCB online information. Viewed at: http://www.eccb-centralbank.org/PDF/AEFR%202005%20-%20Final%20Document.pdf.
[108] WTO document GATS/SC/2,
[109] Hotel Aid Act 1952 (as amended). Viewed at: http://www.laws.gov.ag/acts/chapters/cap-204.pdf.
[110] Income Tax (Amendment) Act 2003. Viewed at: http://www.laws.gov.ag/acts/2003/a2003-4.pdf. Prior to the 2003 amendment to the Income Tax Act, income tax relief granted for the construction and development of hotels was granted under the Hotel Aid Act.
[111] The Cricket World Cup Projects (Incentives) Act, 2005. Viewed at: http://www.laws.gov.ag/acts/ 2005/a2005-20.pdf.
[112] Travel Tax Act 1978, revised in 1992.
[113] The Embarkation Tax Act (2002). Viewed at: http://www.laws.gov.ag/acts/2002/a2002-1.pdf.
[114] Cruise Passenger Tax Act (Act No. 7 of 1980 (Cap 122, 1992 Rev. Ed. of Laws.) Viewed at: http://www.laws.gov.ag/acts/chapters/cap-122.pdf.
[115] As noted by the ECCB, in 2005, the Hotel and Guest Tax had generated EC$33.5 million in government revenue.
[116] Government of
[117] WTO document GATS/SC/2,
[118]
[119] Participating states are: Antigua and Barbuda; Barbados; Belize; Dominica; Grenada; Guyana; Jamaica; Montserrat; St. Kitts and Nevis; St. Lucia; St. Vincent and the Grenadines; Suriname; and Trinidad and Tobago.
[120] Architects (Registration) Act (Cap 34). Viewed at: http://www.laws.gov.ag/acts/chapters/cap-34.pdf.
[121] Engineers (Registration) (Amendment) Act (1993). Viewed at: http://www.laws.gov.ag/acts/1993/ a1993-18.pdf.
[122] Engineers (Registration) Act (Cap 153). Viewed at: http://www.laws.gov.ag/acts/chapters/cap-153.pdf.
[123] Legal Profession Act (1997). Viewed at: http://www.laws.gov.ag/acts/1997/a1997-9.pdf.
[124] These countries are:
[125] CARICOM Agreement Establishing the Council of Legal Education. Viewed at: http://www. caricom.org/jsp/secretariat/legal_instruments/agreement_cle.jsp?menu=secretariat.
[126] This tax was introduced by The International Business Corporation (Amendment) Act, 2001.
