Caribbean Export Development Agency

• Author: Duke Pollard
• Profession: Sitting senior judge of the Caribbean Court of Justice (CCJ), the highest appellate municipal court of the Caribbean Community (CARICOM)
• Pages: 317-345

Caribbean Export Development Agency 317

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CARIBBEAN EXPORT DEVELOPMENT AGENCY

As early as 1989 at Grand Anse, Grenada, the Conference of Heads of Government

determined to deepen the regional economic integration movement through the

establishment of a Single Market and Economy in order to achieve sustained economic

development based on international competitiveness. Since then, intensification of the

processes of globalisation and liberalisation has underscored the role of international

competitiveness in sustainable economic development. For the States of the Caribbean

Community, the disciplines of the World Trade Organisation (WTO) had begun to erode

their preferential access to European markets and the FTAA process signalled the

denouement of the Caribbean Basin Initiative (CBI) and the Caribbean-Canada Free

Trade Agreement (CARIBCAN). It is in this context that the Caribbean Export

Development Agency (CEDA) must be examined and evaluated.

The principal focus of CEDA is on the export development of the Member States.

The objectives of the Agency include the establishment and implementation of

comprehensive export development strategies and programmes; the continuation and

expansion of trade policies that contribute to the goal of a single Caribbean market; the

development of human resources and professional skills in the area of export

development, the establishment, adaptation and strengthening of national and sub-

regional entities dealing with export development and trade promotion and the

establishment of special programmes geared towards export development in various

areas and regions of the Caribbean.

The organs of the Agency are the Council of Ministers, the highest organ, the

Board of Directors and the Executive Director. The Board of Directors is assisted in the

performance of its functions by the Executive Committee comprising eight members

elected from the Board of Directors. The Council of Ministers consists of Ministers of

Government designated by Member States to represent them on the Council. All the

powers of the Agency vest in the Council of Ministers which may delegate powers to

the Board except those specified in the Agreement. The Council of Ministers has a

curious voting system allowing its determinations to be reached by consensus, in the

absence of which, by a simple majority vote unless the Agreement otherwise specifies.

Subject to the requirement to report to the Council, the Board of Directors is responsible

for the operations of the Agency and for the exercise of any powers conferred on it by

the Council. The Executive Committee derives its powers from the Board.

The Executive Director is appointed by the Council of Ministers on the

recommendation of the Board of Directors. The Executive Director is the chief executive

318 THE CARICOM SYSTEM

officer of the Agency and, subject to the direction of the Board of Directors, is responsible

for conducting the ordinary business of the Agency. The Executive Director appears to

enjoy the status of an international public servant whose loyalty is solely to the Agency.

In the performance of his functions he should not be influenced by the Member States

which have undertaken to respect the status of the Agency and to refrain from influencing

the Executive Director and his staff in the performance of their functions.

It appears that the Agency possesses juridical personality in the jurisdictions of

Member States of the Agency with capacity to contract, acquire and dispose of moveable

and immoveable property and to be a party to legal proceedings. Member States

accord the Agency in their jurisdictions the privileges, immunities and exemptions

generally regarded as necessary for the efficient discharge of its functions. Officials of

the Agency and representatives of Member States in the service of the Agency enjoy

functional immunities.

AGREEMENT ESTABLISHING

THE CARIBBEAN EXPORT DEVELOPMENT AGENCY

(CARIBBEAN EXPORT)

The Parties:

Determined to confront the challenges and to benefit from the opportunities,

resulting from the globalisation and liberalisation of production and international trade;

Recognising the need for improved forms of regional integration that will be

beneficial for the economies of the Caribbean States as well as the export oriented

firms in these States;

Desirous to continue building on the regional and sub-regional experiences in

trade and export development,

Have agreed to establish the Caribbean Export Development Agency (Caribbean

Export), which shall operate in accordance with the following provisions:

Article 1

Definitions

For the purpose of this Agreement:

“Member State” means any one of the States referred to in Article 4, paragraph 1

and paragraph 2;

“CARIBBEAN EXPORT” means the Caribbean Export Development Agency;

“Agency” means the Caribbean Export Development Agency;

“Council” means Council of Ministers of Member States;

“Board” means the Board of Directors of CARIBBEAN EXPORT;

“Executive Committee” means the Executive Committee of the Board;