30 April 1999
PREAMBLE
Whereas paragraph 2 of Article III of the Agreement Establishing the
Caribbean Supreme Court (hereinafter called "The Agreement") provides that the
Seat of the Court shall be in the territory of a Contracting Party as determined from time
to time by unanimous agreement of the Contracting Parties;
Whereas the Contracting Parties to the Agreement have determined that
the Seat of the Court shall be in Trinidad and Tobago; and
Whereas Article XV of the Agreement provides for the grant of
privileges and immunities to Judges and Officers of the Court necessary to protect their
independence and impartiality,
The Parties hereto have agreed as follows:
ARTICLE I
USE OF TERMS
In this Agreement, unless the context otherwise requires:
"Archives of the Court or Commission" includes the records,
correspondence, documents, manuscripts, photographs, slides, films, sound recordings and
electronic storage devices belonging to or held by the Court or Commission;
"Commission" means the Regional judicial and Legal Services
Commission established by Article V of the Agreement;
"Competent Authorities" means national, regional or local
authorities of Trinidad and Tobago as may be appropriate in the context and in the laws of
Trinidad and Tobago;
"Conference" means the Conference of Heads of Government of
Member States of the Caribbean Community;
"Counsel" means a person qualified to conduct proceedings
before the Court on behalf of another;
"Court" means the Caribbean Supreme Court established by
Article III of the Agreement;
"the Government" means the Government of Trinidad and
Tobago;
"offices of the Commission" means the offices provided by
the Government in accordance with paragraph 3 of Article III and occupied by the
Commission for its official use;
"officers of the Court" means the Registrar of the Court and
the Deputy Registrar or other officer for the time being performing the duties of the
Registrar or Deputy Registrar;
"President" means the President of the Court;
"Property" means all forms of property including funds and
assets belonging to or held or administered by the Court or the Commission and all income
accruing to the Court or the Commission;
"Seat of the Court" means the premises provided by the
Government in accordance with paragraph 3 of Article III of the Agreement and occupied by
the Court for its official use.
ARTICLE II
STATUS OF THE COURT AND COMMISSION
1. The Court and the Commission shall possess full juridical
personality and, in particular, full capacity to:
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(a) contract;
(b) acquire and dispose of
immovable and movable property;
(c) institute legal
proceedings.
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2. In all legal proceedings, the Court and the Commission shall be
represented by the Registrar.
ARTICLE III
THE SEAT OF THE COURT AND OFFICES OF THE COMMISSION
1. The Seat of the Court and offices of the Commission shall be the
premises defined in Article I of this Agreement.
2. The President shall have the power to make regulations operative
within the Seat of the Court and offices of the Commission for the purpose of establishing
therein conditions necessary for the full execution of their functions which shall be
carried out through the Registrar.
3. The Seat of the Court and offices of the Commission shall be
inviolable and shall be under the authority of the President as provided for in this
Agreement.
4. Officials of the Government, whether administrative, judicial,
military or police, shall not enter the Seat of the Court or the offices of the Commission
to perform any official duties therein except with the consent of and under conditions
agreed by the Registrar. However, in the case of fire or other emergency requiring prompt
protective action, or in the event that officials of the Government have reasonable cause
to believe that such an emergency has occurred, the consent of the Registrar to entry in
the Seat of the Court and offices of the Commission by the officials of the Government
shall be presumed if the Registrar cannot be reached in time.
5. The service of legal process, including the seizure of private
property, may take place within the Seat of the Court or the offices of the Commission
only with the consent of and under the conditions approved by the Registrar.
6. The President shall not permit the Seat of the Court or the
offices of the Commission to become a refuge either for fugitives from justice or for
persons who are endeavouring to avoid service of legal process or judicial proceedings
under the laws of Trinidad and Tobago or against whom an order of extradition or
deportation has been made by the competent authorities.
7. The Registrar may expel or exclude persons from the Seat of the
Court or the offices of the Commission for violation of its regulations or for any other
reasonable cause.
ARTICLE IV
PROPERTY, FUNDS AND ASSETS OF THE COURT AND COMMISSION
1. The Court, Commission and their property, wherever located and by
whomsoever held, shall enjoy immunity from every form of legal process except in cases
arising out of or in connection with the borrowing of money or the acquisition or disposal
of immovable property or in so far as in any particular case the President has expressly
waived their immunity. No waiver of immunity shall extend to any measure of execution.
2. Save as otherwise provided in paragraph 1 of this Article, the
property of the Court and the Commission, wherever located or by whomsoever held, shall be
immune from search, acquisition, confiscation, expropriation and any other form of
interference, whether by executive, administrative or judicial action.
3. Nothing in this Article shall be construed as preventing the
Government from taking appropriate action in connection with the investigation into
accidents involving motor vehicles belonging to or operated on behalf of the Court or the
Commission.
ARTICLE V
ARCHIVES OF THE COURT AND COMMISSION
The archives of the Court and the Commission and in general all documents held by them
shall be inviolable wherever located.
ARTICLE VI
EXEMPTION FROM FOREIGN EXCHANGE CONTROLS
1. Without being restricted by financial controls, regulations or
moratoria of any kind, the Court shall be entitled for its official use only:
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(a) to purchase from
authorised dealers, hold and make use of negotiable currencies, operate foreign currency
and external accounts and purchase through authorised dealers, hold and make use of funds
and securities;
(b) freely transfer its
funds, securities and foreign currencies to or from Trinidad and Tobago or within Trinidad
and Tobago and to convert any currency held by it into other currency.
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2. The Court, in executing its rights under paragraph 1 of this
Article, shall pay due regard to any representations made by the Government and shall give
effect to such representation to the extent that such representation may be taken into
account without detriment to the interests of the Court.
ARTICLE VII
EXEMPTION FROM TAXES, CUSTOMS DUTIES AND IMPORT OR EXPORT DUTIES
1. The property of the Court and the Commission shall be exempt from:
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(a) any form of direct or
indirect taxation but the Court and Commission will not claim exemption from taxes which
are, in fact, no more than charges for public utility services;
(b) customs duties and
from prohibitions and restrictions on imports in respect of articles imported or exported
for their official use, subject to the condition that articles imported under such
exemption shall not be sold within Trinidad and Tobago except under conditions agreed to
between the President and the Government;
(c) customs duties and
other levies and prohibitions and restrictions in respect of the import, sale and export
of their publications.
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2. For the purpose of this Article, indirect taxation means airport
departure tax or travel tax, travel ticket tax, hotel and restaurant tax, customs and
excise duties, consumption tax, stamp duties, withholding tax on interest, value added
tax, finance charges and imports with equivalent effect.
ARTICLE VIII
FACILITIES IN RESPECT OF COMMUNICATIONS
1. The Court and Commission shall enjoy in the territory of Trinidad
and Tobago, freedom of communication for their official communications.
2. The official correspondence and all other forms of official
communications shall be inviolable.
3. The Court and Commission shall have the right to use codes and to
despatch and receive correspondence by courier in sealed bags, which shall not be searched
or detained unless the competent authorities have serious reason to believe that the
sealed bags contain other than correspondence, documents or articles for the official use
of the Court or the Commission exclusively, in which case the bag shall be opened only in
the presence of an officer of the Court.
4. Nothing in this Article shall be construed so as to preclude the
adoption of appropriate security measures in the interest of the Government.
ARTICLE IX
JUDGES AND OFFICERS OF THE COURT
Judges and officers of the Court and members
of the Commission, when engaged on the business of the Court or Commission, as the case
may be, in Trinidad and Tobago, shall enjoy:
(a) immunity from legal
process in respect of words spoken or written and all acts done by them in their official
capacity; such immunity shall continue notwithstanding that the persons concerned have
ceased to exercise their functions with the Court or the Commission;
(b) immunity from personal
arrest or detention in relation to acts performed by them in their official capacity;
(c) inviolability of all
papers, documents and materials related to the work of the Court or the Commission;
(d) exemption from
immunisation restrictions, alien registration requirements and national service
obligations;
(e) the same protection
and repatriation facilities in times of international crisis as are accorded
representatives of foreign governments on temporary official missions;
(f) the right, for the
purpose of all communications with the Court or the Commission, to use codes to despatch
or receive papers, correspondence or other official materials by courier or in sealed
bags;
(g) the same privileges
and facilities in respect of currency and exchange restrictions as are accorded to
representatives of foreign governments on temporary official missions;
(h) immunity from
inspection and seizure of personal and official baggage, except in cases of
flagrante
delicto. In such cases, the competent authorities shall immediately inform the
Registrar or other appropriate officer of the Court. Inspection of personal baggage shall
be conducted in the presence of the person concerned or his authorised representative and,
in the case of official baggage, in the presence of a duly authorised representative of
the Registrar;
(i) exemption from any
form of direct taxation or salaries, remuneration and allowances paid by the Court or the
Commission and from customs duties on imports in respect of articles imported for personal
use, subject to the condition that articles imported under such exemption shall not be
sold within Trinidad and Tobago except under conditions determined by the Government.
ARTICLE X
COUNSEL APPEARING IN PROCEEDINGS BEFORE THE COURT
1. Counsel appearing in proceedings before the Court while present in
Trinidad and Tobago shall, in the performance of their functions connected with such
proceedings, enjoy:
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(a) inviolability of all
papers, documents and materials relating to the proceedings before the Court;
(b) immunity from personal
arrest or detention in relation to words spoken or written or acts performed by them in
relation to proceedings before the Court;
(c) exemption from
immigration restrictions, alien registration requirements and national service
obligations;
(d) the same
privileges and facilities in respect of currency and exchange restrictions in relation to
proceedings before the Court as are accorded to representatives of Government on temporary
official missions.
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2. Counsel mentioned in paragraph 1 of this Article shall enjoy, in
respect of words written or spoken and all acts done by them in the conduct of proceedings
before the Court, immunity from legal process. The immunity shall continue although the
person entitled is no longer conducting proceedings before the Court.
3. The privileges, immunities and facilities mentioned in this
Article are only intended to assist counsel in the efficient representation of clients in
proceedings before the Court and shall not be employed to circumvent applicable laws and
regulations of Trinidad and Tobago.
ARTICLE XI
CO-OPERATION WITH COMPETENT AUTHORITIES
1. Privileges and immunities are recognised and granted by this
Agreement in the interest of the Court and Commission and not for the personal benefit of
persons entitled thereto. The Conference, in the case of the President, and the President,
in the case of other persons entitled thereto, shall have the right to waive such
privileges and immunities whenever in their opinion the enjoyment of the privileges and
immunities would impede the course of the justice and could be waived without prejudice to
the interests of the Court or Commission.
2. The President and the Registrar, as the case may be, shall
co-operate at all times with the competent authorities to facilitate the proper
administration of justice, secure the observance of the laws and regulations of Trinidad
and Tobago and to avoid the occurrence of any abuse in connection with the privileges,
immunities and facilities mentioned in this Agreement.
3. Without prejudice to the privileges and immunities accorded by
this Agreement, it is the duty of all persons enjoying such privileges and immunities to
respect the laws and regulations of Trinidad and Tobago.
4. If the Government considers that an abuse has occurred in the
enjoyment of any privilege or immunity conferred by this Agreement, the Registrar shall,
at the request of the Government, consult with the competent authorities to determine
whether such an abuse has occurred. If such consultations fail to achieve results
satisfactory to the Registrar and the Government, the issues shall be settled in
accordance with the procedure laid down in Article XIII.
ARTICLE XII
FACILITATION OF TRAVEL
1. Subject to the laws or regulations restricting entry or movement
for reasons of national security, the Government shall extend all facilities for the
uninterrupted passage within Trinidad and Tobago as well as for the entry and departure
therefrom of the categories of persons indicated below:
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(a) judges of the Court
and members of their families forming part of their household;
(b) officers of the Court
and members of their families forming part of their household;
(c) members of the
Commission;
(d) counsel and their
clients appearing in proceedings before this Court;
(e) persons other than
officers of the Court performing missions for the Court and members of their families
forming part of their household; and
(f) other persons invited
to the Seat of the Court or offices of the Commission on official business.
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2. The Registrar shall communicate to the Government the names of the
persons mentioned in paragraph 1 of this Article.
3. This Article shall not be applicable in case of a general
interruption of transportation and shall not impede the effective application of laws in
force nor waive reasonable application of quarantine and health regulations.
4. Visas required by persons referred to in paragraph 1 of this
Article shall be granted expeditiously and free of charge.
ARTICLE XIII
SETTLEMENT OF DISPUTES
1. The President shall make appropriate provisions for the settlement
of:
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(a) disputes arising out
of contracts and other disputes of a private law character to which the Court or
Commission is a party;
(b) disputes involving any
judge or officer of the Court or Counsel conducting proceedings before the Court enjoying
immunity if such immunity has not been waived by the persons empowered in that behalf.
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2. Any difference between the Government and the Court or the
Commission arising out of the interpretation or application of this Agreement and which is
not settled by negotiation or other agreed mode of settlement shall be referred for final
decision to or Tribunal of three arbitrators at the instance of either party: one to be
appointed by the Government, one to be appointed by the Registrar, and the third, who
shall be the Chairman of the Tribunal, to be chosen by the first two arbitrators. If
either of the parties fails to appoint an arbitrator within six weeks of the decision to
resort to arbitration, an arbitrator or arbitrators, as the case may be, shall be
appointed for such purposes by the Secretary General. If the first two arbitrators within
three weeks of their appointment fail to agree upon the third, the Government or the
Registrar shall request the Secretary General to choose the third arbitrator. The arbitral
Tribunal shall make a determination within six months from the date of its constitution. A
majority vote of the arbitrators shall be sufficient to reach a decision, which shall be
final and binding. The Chairman shall be empowered to settle all questions of procedure in
any case where there is disagreement between the other arbitrators in respect thereto.
ARTICLE XIV
ENTRY INTO FORCE
1. This Agreement and any agreement supplementary thereto shall enter
into force immediately upon signature.
2. Consultations in respect of any amendment to this Agreement may be
initiated by either the Government or the Registrar.
ARTICLE XV
TERMINATION
This Agreement and any amendment thereto shall cease to have effect six months after
either of the Contracting Parties has given notice in writing to the other of its decision
to terminate this Agreement.
IN WITNESS WHEREOF the representative of the Government and the
Caribbean Community being duly authorised in that behalf have executed this Agreement.
Done at .......................................... on the............ day
of......................... 199..
For the Caribbean Community
For
the Government of Trinidad and Tobago
.........................................
............................................................
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