1. USING TRADE AGREEMENTS
AS TOOLS FOR
EXPLORING INVESTMENT
OPPORTUNITY
Dr Chantal Ononaiwu
Trade Policy & Legal Specialist
Office of Trade Negotiations, CARICOM Secretariat
ST LUCIA NATIONAL DEVELOPMENT CORPORATION SEMINAR
“EXPLORING OPPORTUNITIES FOR INVESTMENT GENERATION WITH ST LUCIA’S KEY TRADING PARTNERS”
BAY GARDENS HOTEL, ST LUCIA, 30 MARCH 2010

2. TRADE AGREEMENTS: TOOLS FOR
EXPLORING INVESTMENT OPPORTUNITY
The extent to which trade agreements can be
used to generate investment opportunities
depends on their scope and content
Trade agreements liberalise barriers to the
exchange of goods (and services)
Preferential access to market of trading partner
can attract foreign investors looking to export
goods or services to that market
Such preferential market access can be part of the
host country’s value proposition

3. TRADE AGREEMENTS: TOOLS FOR
EXPLORING INVESTMENT OPPORTUNITY
Trade agreements offer additional avenues for
exploring investment opportunity if they contain
provisions aimed at the liberalisation, protection,
promotion and facilitation of investment
Host country’s commitment to grant market access
to investors from the trading partner can signal
openness to investment flows
Standards of behaviour for host states and access to
investor-State dispute settlement can signal a
secure and predictable legal framework for
investors
Such a legal framework can constitute another element
of the host state’s value proposition

4. TRADE AGREEMENTS: TOOLS FOR
EXPLORING INVESTMENT OPPORTUNITY
Transparency provisions can allow investors to
access information about host country’s
investment regime
Trade agreements can provide for mechanisms to
promote and facilitate investment flows between
trading partners
Provision for technical assistance can help to
improve the regulatory framework and enhance
institutional capacity to attract investment

5. THE CARICOM
MARKET
AND THE IMPACT
OF A CARICOM
INVESTMENT CODE

6. INTRA-CARICOM INVESTMENT
Emanates largely from a few Member States -
Trinidad & Tobago, Barbados and Jamaica.
These countries are the primary sources of St Lucia’s
intra-regional investment
Few firms from the LDCs have cross-border
operations
Major recipients are Barbados and Jamaica.
Includes portfolio and direct investment (joint
venture, greenfield, M&A)
Led largely by a few financial services firms and
conglomerates.
Spans several sectors, including banking and other
financial services, distribution, food services ,
tourism, manufacturing.

7. CORE PILLARS OF THE CARICOM SINGLE
MARKET
In addition to the free movement of goods, the free
provision of services and the free movement of
skilled labour, the Revised Treaty of Chaguaramas
guarantees:
The right of establishment, which includes the
right to create and manage economic enterprises
Enjoyed by CARICOM nationals, i.e.
individuals who are nationals of CARICOM
Member States
firms incorporated in CARICOM that are
substantially owned and effectively controlled by
CARICOM nationals
Free movement of capital

8. RIGHT OF ESTABLISHMENT & FREE
MOVEMENT OF CAPITAL
The Treaty calls for the absence of restrictions on the
right of establishment, including those relating to:
Registration of companies throughout the Region
Establishing agencies, subsidiaries and branches
Access to property
Movement of managerial, technical and supervisory
staff
In addition to the absence of restrictions on the
movement of capital and related payments and
transfers, the Revised Treaty calls for the
abolition of exchange controls and free
convertibility of currencies.

9. COMMUNITY INVESTMENT POLICY
The Revised Treaty calls for a Community
investment policy, including a harmonised system
of incentives
The draft CARICOM Investment Code (CIC) was
developed as part of the process of formulating this
Community investment policy framework
The draft CIC is an agreement among CARICOM
Member States that seeks to create a common
regime for the protection, promotion and
facilitation of investment in CARICOM
A harmonised system of incentives is not a part of
the draft CIC

10. DRAFT CARICOM INVESTMENT CODE
(CIC): OBJECTIVES
Promotion of CARICOM as a single investment
location with a single policy space
Attraction of investment from investors of
CARICOM Member States and third countries
Greater cross-border investment within
CARICOM
Enhancing transparency and predictability in
treatment of investment in the Community
Reducing transaction costs

11. DRAFT CIC: KEY FEATURES
Standards of treatment of investors that host
States must observe
Measures to promote and facilitate investment
flows
Expediting investment approval process
National IPAs and CARICOM investment promotion
strategies
Cross-border registration
Measures to ensure investment supports
economic development
promotion of corporate social responsibility of
investors
Investor-State dispute settlement mechanisms

12. EXPLORING INVESTMENT OPPORTUNITIES IN
THE CARICOM MARKET
St Lucia has provided an enabling environment for
intra-regional investment flows through removing
restrictions on the right of establishment and the free
movement of capital
Reflected in World Bank’s high ranking for ease of doing
business
Strategy for targeting and promoting desired
investments should seek to capitalise on this
Liberalisation of restrictions on the right of
establishment and the free movement of capital by
other CARICOM Member States create opportunities
for St Lucian investors seeking to establish cross-
border operations.

13. EXPLORING INVESTMENT OPPORTUNITIES IN
THE CARICOM MARKET
The CIC could further enable cross-border investment
activity within CARICOM by enhancing the legal
framework for the protection, promotion and
facilitation of investment within CARICOM.

14. THE
EU
MARKET

15. INVESTMENT RELATIONSHIP WITH EU
EU is a significant source of FDI inflows for
CARIFORUM States
Top capital-exporting EU countries include the
UK, Belgium, France, Netherlands, Spain
Top EU investment destinations in CARIFORUM
include The Bahamas, Dominican Republic,
Jamaica and Trinidad & Tobago
St Lucia has been the recipient of FDI inflows from
the EU

16. CARIFORUM-EC ECONOMIC PARTNERSHIP
AGREEMENT (EPA)
Comprehensive framework for trade and
investment between 15 CARIFORUM States and
the EC and its 27 Member States.
Coverage extends to newer EU Member States and
the French Caribbean Outermost Regions of the EU.
Provisionally applied since December 2008.
Preferential market access for goods, services and
investment granted on a reciprocal basis.

17. PREFERENTIAL MARKET ACCESS TO
THE EU: SNAPSHOT
Duty-free quota free access for most
CARIFORUM products
Rules of origin allow for use of inputs from EU,
Overseas Caribbean Territories, other ACP
States, certain Latin American countries
CARIFORUM service providers can access EU
market on a preferential basis, whether or not
they set up a commercial presence
Liberalisation of investment in services and non-
services activities

18. EPA RULES ON INVESTMENT: SCOPE
Commercial presences set up to carry on economic
activities
Business or professional establishment
Includes capital participation with a view to
establishing or maintaining lasting economic links
(i.e. portfolio investment excluded).
Investors setting up a commercial presence
EU/CARIFORUM nationals
Entities set up under the laws of EU/CARIFORUM
State with substantial business operations in
EU/CARIFORUM State (i.e. mere shell companies
excluded)

19. EPA RULES ON INVESTMENT: SCOPE
Excludes investors and commercial presences in
certain economic activities, such as audiovisual
services and air transport services.
The Agreement doesn’t include investor
protection provisions (e.g. guarantees against
unlawful expropriation) and doesn’t provide for
investor-State dispute settlement.
However, investors can access more favourable
treatment under investment treaties between
CARIFORUM and EU countries.
St Lucia has bilateral investment treaties with the
UK and Germany

20. ST LUCIA'S EPA COMMITMENTS: SECTORS
CARIFORUM and EU States undertook
commitments to grant each others’ investors and
commercial presences market access and national
treatment
St Lucia committed to grant EU investors market
access in a wide range of non-services sectors,
including agriculture, fishing, and manufacturing
Discretion retained to impose restrictions with
respect to production, transmission and distribution
of electricity, gas, steam and hot water

21. ST LUCIA'S EPA COMMITMENTS: SECTORS
St Lucia also committed to grant market access to EU
investors in a host of services sectors, including,
professional services (e.g. architectural services, medical and
dental services), computer and related services, privately-
funded R&D services, real estate services on a fee/contract
basis and other business services (e.g. services incidental to
manufacturing)
telecommunications services
environmental services (e.g. noise abatement)
financial services (e.g. investment and property unit trust
services, reinsurance and retrocession)
hospital services
tourism (hotels and resorts in excess of 100 rooms, marina
services)
recreational, cultural and sporting services (rental and leasing
of yachts, entertainment services)
maritime transport services (cargo handling, storage and
warehouse services)

22. ST LUCIA'S EPA COMMITMENTS: RESERVATIONS
Certain non-services activities reserved for domestic
market unless production for export (e.g. agriculture,
certain manufacturing activities)
Small business opportunities for nationals in some
services and non-services sectors
Licensing requirements for foreign landholdings
Joint venture requirements (e.g. architectural services,
sporting, cultural and other recreational services, real
estate services on a fee/contract basis)
Economic needs tests (e.g. installation of computer
hardware)
Percentage of locals to be employed (e.g. data processing
services)
Transfer of knowledge and technology (e.g. services
incidental to manufacturing)

23. ST LUCIA'S EPA COMMITMENTS: TEMPORARY
ENTRY OF BUSINESS PERSONS
With respect to employees of EU firms setting up
a commercial presence, St Lucia committed to
allow the temporary entry of key personnel not
available locally
Business visitors (responsible for setting up
commercial presence)
Intra-corporate transfers (managers and specialists)
Entry subject to work permits and labour
market test.

24. ST LUCIA'S EPA COMMITMENTS: OVERVIEW
Signal of openness to investment in sectors that St
Lucia actively targets for investment
Tourism, ICT, manufacturing, agri-business, international
insurance
Signal of openness to investment in services that
support targeted sectors
Professional services, services incidental to
manufacturing, maritime transport services
Reflect investment needs in new areas
Hospital services, environmental services
Reservations that aim to safeguard business
opportunities for domestic players

25. EC COMMITMENTS UNDER THE EPA
EC undertook liberal commitments for
CARIFORUM investors and commercial presence
in a range of economic activities
Non-services - agriculture, hunting, forestry; fishing
and aquaculture; mining and quarrying;
manufacturing; production, transmission and
distribution of electricity, gas, steam and hot water
Services - professional services, computer and related
services, privately funded R&D services, real estate
and communications services, construction and
related engineering services, privately funded
education and health services, tourism, financial,
distribution, transport and energy services

26. OTHER EPA RULES ON INVESTMENT
Measures to ensure investors are forbidden from bribing
public officials, observe core labour and environmental
standards and maintain local community liaison processes
Investment not to be encouraged by lowering domestic
environmental, labour or occupational heath and safety
standards
Establishment of enquiry points to respond to investors’
requests for information on applicable laws, regulations
and other measures in the host state
Transparency in processing applications for authorisation
for commercial presence and independent review of
administrative decisions
Technical cooperation and assistance
Promotion of investment and joint ventures
Enhancing capacities of investment promotion agencies

27. USING THE EPA TO EXPLORE INVESTMENT
OPPORTUNITIES
Tool for encouraging EU investors to set up
commercial presence (incl. through capital
participation) in St Lucia
Promotional efforts can be targeted at sectors of
interest to St Lucia
Opportunity to promote St Lucia as a base in
CARIFORUM for investors seeking to access the
EU market
Firms must have substantive business operations in
CARIFORUM State(s)
Technical assistance available under EPA to
enhance capacity in investment promotion

28. THE
FRENCH
CARIBBEAN
OUTERMOST
REGIONS

29. CARIFORUM-EC EPA
EPA applies to the French Caribbean Outermost
Regions (FCORs) of the EU (French Guiana,
Guadeloupe and Martinique).
The FCORs are covered by the EU’s
commitments under the EPA but benefit from
EU measures aimed at addressing their special
social and structural conditions
The Agreement introduces reciprocity between
the FCORs and CARIFORUM States with
respect to preferential market access for goods
(as opposed to the previous unilateral preferences
CARIFORUM States enjoyed under the Cotonou
Agreement)

30. CARIFORUM-EC EPA
Legal trade regime for the FCORs and
CARIFORUM States now covers trade in services
and investment.
The EPA also encourages cooperation between
the CARIFORUM States and the FCORs in the
areas covered by the Agreement as well as
facilitation of trade in goods and services
promotion of investment, and
encouraging transport and communication links.

31. CARIFORUM/FCOR COOPERATION
CARIFORUM/FCOR/Overseas Countries and
Territories (OCT) Task Force on Trade and
Investment was established in 2006 to implement
programmes targeted at increasing levels of trade and
investment between CARIFORUM countries and the
FCORs.
Caribbean Export has commissioned a study on
opportunities for doing business between
CARIFORUM States and the FCORs
Findings and recommendations will be used to
formulate strategies and policy responses that are
targeted at deepening the level of trade and
investment between the regions

32. EXPLORING INVESTMENT OPPORTUNITIES
WITH THE FCORS
St Lucia is well positioned to explore investment
opportunities with the FCORs
Existing transportation links to Martinique and
Guadeloupe
No visa requirements for St Lucian nationals with respect
to short stay travel to FCORs
Potential for St Lucia to be gateway for investors from
the FCORs looking to access the CARICOM market
Potential for St Lucia to be gateway for investors
(incl. from CARICOM) to access the market in the
FCORs

33. EXPLORING INVESTMENT OPPORTUNITIES
WITH THE FCORS
FCORs present important opportunities for St Lucian
investors looking to penetrate the larger EU market
Joint ventures
Integration into existing supply chains

34. CANADA ON THE
HORIZON

35. CARICOM-CANADA INVESTMENT
RELATIONSHIP
Canada is a significant source of investment for
CARICOM
The stock of Canadian direct investment in
Caribbean economies increased from US$28 billion in
2000 to US$53 billion in 2006 (the bulk of which is in
Barbados)
CARICOM is also increasing its FDI presence in
Canada
CARICOM stock of capital in Canada increased from
US$531 million in 2000 to US$760 million in 2006
The Bahamas and Barbados have been the major
regional investors in Canada

36. CARICOM-CANADA TRADE AND ECONOMIC
COOPERATION ARRANGEMENTS
1979 CARICOM-Canada Trade and Economic
Cooperation Agreement and its Protocols,
including the 1998 Protocol on Rum
CARIBCAN
grants unilateral duty free access to eligible goods
from beneficiary countries in the Commonwealth
Caribbean
Doesn’t cover services
Due to expire in 2011
Only Barbados and Trinidad & Tobago have BITs
with Canada

37. CARICOM-CANADA NEGOTIATIONS FOR A
TRADE AND DEVELOPMENT AGREEMENT
Formally commenced in November 2009 and
second round being held in March 2010
CARICOM is seeking a comprehensive
agreement covering market access for goods and
agriculture, trade in services, investment and a
strong development dimension
Since St Lucia doesn’t have a BIT with Canada,
the Agreement could introduce a legal framework
for investment flows between the two countries

38. CARICOM-CANADA NEGOTIATIONS FOR A
TRADE AND DEVELOPMENT AGREEMENT
In the context of these negotiations, St Lucia
must identify:
Activities in which investment has been attracted
from Canada and in which St Lucian investors have
invested in Canada
Priority sectors for inward and outward investment
Types of investment desired
Areas in which St Lucia might want to reserve more
favourable treatment for locals
Priorities for technical assistance and cooperation

39. THANK YOU
chantal.ononaiwu@crnm.org
www.crnm.org