THE CONTRACTING PARTIES:
SHARING a common determination to promote social
stability and a better quality of life for the peoples of the Region;
RECOGNISING the merits of a regional organisation for
agricultural research and development;
AWARE that the solution to the problems of agriculture
on a regional basis will complement the current efforts towards regional economic
integration and particularly the efforts towards regional co-operation in agricultural
development;
CONSCIOUS of the need for efficient and adequate
national extension services;
CONVINCED that the establishment of a regional
institution for agricultural research and development will facilitate the achievement of
these needs;
HEREBY AGREE AS FOLLOWS:
ARTICLE 1
ESTABLISHMENT
The Caribbean Agricultural Research and Development Institute
(hereinafter referred to as "the Institute) is hereby established having the
membership, powers and functions hereinafter specified.
ARTICLE 2
MEMBERSHIP
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1. Membership of the Institute shall be open to -
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(a) States listed in the Annex to this
Agreement;
(b) Any other State of the Caribbean
Region which becomes a Member or Associate Member of the Caribbean Community.
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2. The States listed in the Annex to this Agreement, the Governments of
which sign this Agreement in accordance with Article 18 and ratify it in accordance with
Article 19 shall become Members of the Institute.
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ARTICLE 3
OBJECTS OF THE INSTITUTE
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1. The objects of the Institute shall be -
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(a) to provide for the research and development needs of the
agriculture of the Region as identified in national plans and policies;
(b) to provide an appropriate research and development
service to the agricultural sector of Member States;
(c) to provide and extend the application of new
technologies in production, processing, storage and distribution of agricultural products
of Member States;
(d) to pursue for specified periods long-term research in
pertinent areas;
(e) to provide for the co-ordination and integration of the
research and development efforts of Member States where this is possible and desirable;
(f) to undertake teaching functions normally at the
postgraduate level, limited to the development of the relevant research by any Member
State;
(g) to seek to achieve the optimum decentralisation of
facilities.
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2. For the purposes of this Article the Institute may take such action
as may be necessary or expedient for the attainment of its objects and the performance of
its functions.
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ARTICLE 4
STRUCTURE
The Institute shall have -
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(a) a Governing Body;
(b) a Board of Directors with a Chairman and Deputy Chairman;
(c) an Executive Director; and
(d) such other officers and staff as may be necessary.
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ARTICLE 5
GOVERNING BODY OF THE INSTITUTE
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1. The Standing Committee of Ministers responsible for Agriculture
(hereinafter referred to as "the Standing Committee") shall be the Governing
body of the Institute.
2. Without prejudice to the generalities of paragraph 1 of this Article
the Standing Committee shall have the power to -
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(a) give general or specific policy directions to the Board of
Directors;
(b) appoint an Executive Director after it has considered the
recommendation of the Board of Directors and has consulted with the University of the West
Indies;
(c) appoint the Chairman of the Board of Directors;
(d) authorise agreements to be entered into with third countries or
other entities;
(e) approve the budget of the Institute to be prepared annually for the
next following three financial years;
(f) approve the work programmes annually for the next following three
financial years.
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ARTICLE 6
MEMBERSHIP OF THE BOARD
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1. The composition of the Board of Directors (hereinafter referred to as
"the Board") shall be as follows -
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(a) One member nominated by -
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(i) the Government of Barbados;
(ii) the Government of Guyana;
(iii) the Government of Jamaica;
(iv) the Government of Trinidad and Tobago;
(v) the Governments of Dominica, Grenada, St. Lucia and St. Vincent;
(vi) the Governments of Antigua, St. Christopher, Nevis and Anguilla,
Belize and Montserrat;
(vii) The University of Guyana;
(viii) The Caribbean Community Secretariat;
(ix) The Caribbean Development Bank;
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(b) the Chairman;
(c) the Executive Director ex officio;
(d) three members appointed by the University of the West Indies.
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2. Subject to the provisions of paragraph 2 of Article 8, the Chairman
and the Executive Director together with the representatives of the Caribbean Community
Secretariat and the Caribbean Development Bank shall sit as non-voting Members of the
Board.
3(a) Alternate
Directors shall be appointed by the appropriate authorities in accordance with paragraph 1
above.
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(b) Directors and Alternate Directors shall be persons of integrity and
high competence with extensive experience in Agriculture or Agricultural research and
development or administration or both and shall be selected with due regard to the
principle of equitable geographical distribution.
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4. Directors shall hold office for a term of three years and shall be
eligible for re-appointment. They shall continue in office until their successors shall
have been appointed and assumed office. If the office of a Director becomes vacant before
the expiration of his term of office, the vacancy shall be filled by a new Director who
shall be appointed in the same manner as his predecessor and he shall hold office for the
remainder of the term of office of his predecessor.
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ARTICLE 7
FUNCTIONS AND POWERS OF THE BOARD OF DIRECTORS
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1. The Board of the Institute shall be responsible, subject to any
directions of the Standing Committee, for the general operation of the Institute. It shall
implement the general policies of the Institute and may give the Executive Director
general instructions for the implementation of such policies.
2. Without prejudice to the functions specified in paragraph 1 of this
Article, the Board shall-
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(a) make recommendations to the Standing Committee in respect of the
appointment of the Executive Director;
(b) receive and may approve the annual report of the Executive Director
which shall include the financial report;
(c) make recommendations for the approval annually by the Standing
Committee of the work programmes for the next following three financial years;
(d) make recommendations for the approval by the standing Committee of
Estimates of Expenditure and the audited accounts of the Institute;
(e) assist the Executive Director in seeking the support and the
resources necessary for the fulfilment of the objectives of the Institute;
(f) except as is otherwise provided exercise control over appointments
including joint appointments and termination of appointments;
(g) cause to be kept appropriate books of account which shall be audited
at least once a year by an auditor who shall be a qualified and independent accountant
appointed by the Board and shall also cause to be prepared annual audited statements
showing in detail the income and expenditure of the Institute and the assets and
liabilities as they stood at the end of the immediate preceding financial year;
(h) carry out such other functions as the Standing Committee may
delegate to it from time to time.
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3. The Board may delegate to the Executive Director such of its
functions as it thinks fit, provided that no such delegation shall preclude the Board from
so acting at any time it thinks it, without prejudice however to anything done by the
Executive Director under that delegation.
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ARTICLE 8
MEETINGS OF THE BOARD
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1. The Board shall meet at least twice a year or as often as the
business of the Institute may require. A majority of Directors entitled to vote shall
constitute a quorum for any Meetings of the Board.
2. Each Director entitled to vote shall have one vote and the Chairman
shall have a casting vote only.
3. Subject to this Agreement, the Board shall regulate its own
procedure.
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ARTICLE 9
CHAIRMAN OF THE BOARD
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1. The Chairman of the Board shall be appointed by the Standing
Committee after considering the recommendation of the Board.
2. The Chairman of the Board while holding office shall not be a
Director or Alternate Director of a Member State or any Body which is represented on the
Board.
3. The term of office of the Chairman shall be for three years and he
shall be eligible
for re-appointment.
4. The Deputy Chairman shall be elected by the Board from among its members.
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ARTICLE 10
THE EXECUTIVE DIRECTOR
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1. The duties of the Executive Director shall include -
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(a) the day to day management and control of the Institute;
(b) the control of the expenditure of the funds of the Institute
within the approved estimates;
(c) the performance of such functions of the Board as may be
delegated to him;
(d) the organisation of special programmes and projects in
furtherance of the objects of the Institute;
(e) ensuring that the correct procedures are followed with respect to
all matters within the joint competence of the Institute and the
University of the West Indies;
(f) representation, either personally, or by a nominee appointed by
him, upon such Authorities, Boards or Committees of the University of
the West Indies as may be agreed on with the University;
(g) the submission of an annual report to the Board;
(h) preparation annually for approval by the Board of work programmes
for the next following three financial years;
(i) preparation annually for the approval by the Board of Directors,
of estimates of expenditure for the next following financial year.
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2. The Executive Director may become a Member of the Board of the Faculty of
Agriculture, of the Academic Board, St. Augustine and of the Senate of the
University.
3. In the absence or the incapacity of the Executive Director or while that
office is vacant, the Board shall make suitable arrangements for the carrying
out of the duties of the Executive Director and shall submit such arrangements
for the approval of the Standing Committee.
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ARTICLE 11
STAFF OF THE INSTITUTE
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1. The Institute shall appoint such members of its staff in accordance with
the estimates by the Standing Committee as are necessary for the performance of
its functions.
2. All staff appointments shall be made subject to the terms and conditions
of service determined by the Board.
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ARTICLE 12
REVENUE
The revenue of the Institute shall be derived from -
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(a) the annual contributions of Member States;
(b) such contributions as may be made by other States whether within
or outside the Region;
(c) such grants as may be made from any source for the financing of
special research, development or teaching projects or for fellowships;
(d) such fees as may be determined from time to time by the Board as
fees payable to the Institute;
(e) payments made to the Institute in consideration of consultancy
services provided through the Institute;
(f) income from any other sources.
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ARTICLE 13
LOCATION OF THE INSTITUTE
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1. The Headquarters of the Institute shall be located in Trinidad and
Tobago.
2. The Executive Director shall negotiate suitable arrangements with the
University of the West Indies for the establishment of the Headquarters of the
Institute at the St. Augustine Campus of the University of the West Indies.
3. The conclusion of such arrangements shall be subject to the approval of
the Standing Committee.
4. The Institute may establish in any Member State such other research
stations as may be deemed necessary by the Board.
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ARTICLE 14
RELATIONS WITH THE UNIVERSITY
The Institute shall seek such affiliation with the University as will promote
the achievement of its objectives.
ARTICLE 15
LEGAL STATUS
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1. The Institute shall possess full juridical personality.
2. The Institute shall enjoy in each Member State such legal status and legal
capacity as may be necessary for the fulfilment of its objectives and the
exercise of its functions. In particular the Institute shall have the capacity
to -
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(a) contract;
(b) acquire and dispose of moveable and immoveable property;
(c) institute legal proceedings.
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3. The Institute shall enjoy in each Member State such privileges and
immunities as may be necessary for the fulfilment of its objectives and the
exercise of its functions.
4. The Institute may co-operate with international organisations active in
similar fields and may seek all appropriate contacts with a view to cooperating
with other Institutions in similar fields.
5. Upon the entry into force of this Agreement -
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(a) all property of every kind whatsoever which was vested
immediately before the entry into force of this Agreement, in the
University of the West Indies or any other Institution on behalf of the
Regional Research Centre shall be transferred to and be vested in the
Institute for the purposes of this Agreement.
(b) all rights, privileges, advantages, liabilities and obligations
that immediately before the entry into force of this Agreement were
enjoyed by or imposed upon the University of the West Indies on behalf
of the Regional Research Centre are hereby conferred upon or imposed
upon the Institute for the purposes of this Agreement.
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ARTICLE 16
DISPUTES
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1. If a dispute should arise between the Institute and a Member State or any
of the Authorities represented on the Board, such dispute shall be submitted to
arbitration by a Tribunal of three Arbitrators. Each party shall appoint one
arbitrator and the two arbitrators shall appoint a third who shall be Chairman.
If within 30 days of the request for arbitration either party has not appointed
an arbitrator, or if within 15 days of the appointment of the second arbitrator,
the third arbitrator has not been appointed either party may request the
Secretary-General of the Caribbean Community to appoint an arbitrator.
2. The procedure of the arbitration shall be fixed by the arbitrators.
However, the third arbitrator shall be empowered to supply all rules of
procedure in any case of disagreement with respect thereto.
3. The majority vote of the arbitrators shall be sufficient to reach a
decision which shall be final and binding upon the parties.
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ARTICLE 17
IMPLEMENTATION
Member States shall take all steps necessary for the implementation of this
Agreement.
ARTICLE 18
SIGNATURE
This Agreement shall be deposited with the Secretariat of the Caribbean
Community (hereinafter referred to as "the Depositary") and shall be
open for signature until the entry into force of this Agreement, by any of the
States listed in the Annex to this Agreement (hereinafter referred to as
"the Annex").
ARTICLE 19
RATIFICATION
This Agreement and any amendments thereto shall be subject to ratification by
the signatories in accordance with their respective constitutional procedures.
Instruments of Ratification shall be deposited with the Depositary which shall
transmit certified copies to each Member State.
ARTICLE 20
ENTRY INTO FORCE
This Agreement shall enter into force by the deposit of the Instruments of
Ratification in accordance with Article 19 by six of the States listed in the
Annex including Barbados, Guyana, Jamaica and Trinidad and Tobago.
ARTICLE 21
ACCESSION
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1. Any State listed in the Annex which, upon the entry into force of this
Agreement has not signed this Agreement in accordance with Article 18 and which
wishes to become a Member after that date may accede to the Agreement by deposit
of appropriate Instruments of Accession with the Depositary.
2. Any State other than States listed in the Annex which becomes a Member or
Associate Member of the Caribbean Community may accede to the Agreement.
3. Admission to Membership under paragraph 2 of this Article shall be upon
such terms and conditions as the Standing Committee may decide and shall take
effect from the date on which the appropriate Instrument of Accession is
deposited with the Depositary.
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ARTICLE 22
AMENDMENT
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1. Any Member State may make proposals for amending this Agreement. Such
proposals shall be submitted to the Standing Committee for its approval through
the Depositary.
2. Any proposed amendment that is approved by the Standing Committee shall be
submitted to each Member State for ratification.
3. Any such amendment shall enter into force upon the deposit of the
Instruments of Ratification by all Member States.
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ARTICLE 23
WITHDRAWAL
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1. Any Member State may withdraw from this Agreement by giving not less than
12 months notice in writing to the Depositary which shall forthwith notify other
Member States.
2. A Member State withdrawing undertakes to honour any financial obligations
duly assumed during its participation in this Agreement.
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ARTICLE 24
INAUGURAL MEETING
As soon as this Agreement enters into force, each Member State together with
the authorities represented on the Board shall appoint the Directors of the
Board in accordance with Article 6 and the Secretary-General of the Caribbean
Community shall call the Inaugural Meeting of the Board of Directors.
ANNEX
LIST OF STATES
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Antigua
Barbados
Belize
Dominica
Grenada
Guyana
Jamaica
Montserrat
St. Christopher-Nevis-Anguilla
St. Lucia
St. Vincent
Trinidad and Tobago
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IN WITNESS WHEREOF the
undersigned, being duly authorised thereto by their respective Governments, have
affixed their signatures to this Agreement.
Done at Georgetown, this 5
th day of December, One thousand nine
hundred and seventy four, in a single copy which shall be deposited with the
Commonwealth Caribbean Regional Secretariat which shall transmit certified
copies to all the Contracting States.
Signed by
For the Government of Antigua, on
at
Signed by Branford M. Taitt
For the Government of Barbados, on 6
th December 1974
at Georgetown, Guyana
Signed by G. Perdoma
For the Government of Belize, on 6
th December 1974
at Georgetown, Guyana
Signed by
For the Government of Dominica, on
at
Signed by Derek Knight
For the Government of Grenada, on 6
th December 1974
at Georgetown, Guyana
Signed by Geo. A. King
For the Government of Guyana, on 6
th December 1974
at Georgetown, Guyana
Signed by P. J. Patterson
For the Government of Jamaica, on 6
th December 1974
at Georgetown, Guyana
Signed by
For the Government of Montserrat, on
at
Signed by
For the Government of St. Christopher-Nevis-Anguilla, on
at
Signed by G. Mallet
For the Government of St. Lucia, on 6
th December 1974
at Georgetown, Guyana
Signed by
For the Government of St. Vincent, on
at
Signed by Isabel Teshea
For the Government of Trinidad and Tobago, on 5
th December 1974
at Georgetown, Guyana