ࡱ> @ [bjbj d&uuV/666$"P$"4":bbpҴҴҴ5`$RD*999ҴҴrE$E$E$ҴҴE$E$E$>[ /iҴV `Ühxp0hnS n/idB!d:n/iQzE$kQQQ99"vƘd*(/$"Ƙ*(trade policies by sector Overview Over the period under review, the composition of the economy has shifted towards the sectors where Trinidad and Tobago is more competitive, mainly activities linked to the hydrocarbons industry. As a result, the GDP share of hydrocarbon exploration and production, as well as refining, has increased. The evolution of manufacturing has been driven by activities where hydrocarbons play a major role, directly or indirectly, such as petrochemicals and iron and steel production. In contrast, agriculture's share of GDP has continued to fall, to stand now at only 1.3%. Trinidad and Tobago is seeking to make service activities more competitive by reforming and modernizing the regulatory environment, and by promoting the use of new technologies. The ultimate goal is to facilitate the gradual transformation of Trinidad and Tobago's resource-based economy into a knowledge-based one. Although trade policies and incentives schemes have been used to promote other activities, the hydrocarbons sector still accounts for over a third of GDP and over 80% of exports. This sector has benefited from the upward trend in hydrocarbons prices since 2003, as well as from an increase in production. As a result, the share of the hydrocarbons sector in GDP has increased to about one third. Large international companies dominate the sector but there is also strong state participation. Most of Trinidad and Tobago's energy production is exported. The Government actively supports agriculture despite its shrinking contribution to GDP; it considers agriculture a key sector for diversification, and income and employment growth. With the exception of the sugar industry and a few other products, agricultural production is largely geared towards the domestic market. Agricultural policy has become more open, as witnessed by the reduction in the scope and rates of the import surcharges, the partial reform of the sugar industry, and the divestment in state-owned enterprises. Incentive schemes still include guaranteed prices for certain commodities, subsidies for the acquisition of equipment, and preferential credit. Sugar production continues to be the most important agricultural activity; the state-owned sugar company was restructured in 2003 but prices have yet to be liberalized. Domestic support accounted for 1215% of agricultural GDP during the 1999-03 period. Manufacturing activity is closely linked to the hydrocarbons sector. Trinidad and Tobago has become an important producer of petrochemical products, thanks in part, to its natural resources and geographical situation. Most non-petroleum manufacturing consists of iron and steel, cement, wood products, paper, printing and publishing. A number of incentive schemes are available for manufacturers including tariff concessions for imports of machinery, equipment, and materials for approved activities; corporate tax relief to approved enterprises; and accelerated depreciation allowances. A number of free zones have been established to encourage the development of export-oriented manufacturing. The services sector accounts for the largest share in both GDP and employment; the main activities are financial services, distribution, transportation, telecommunications, and government services. The greatest impact of recent liberalization and reform efforts has been on financial services and telecommunications. In other subsectors, the Government is in the process of reviewing the legislation. Reform in the financial services sector has included enhanced regulation and steps to consolidate supervision but the Government has identified the need for further reforms. In telecommunications, new legislation was introduced in 2001 to transform the industry from a virtual monopoly to a competitive environment. The required legislation was promulgated in June2004, with liberalization scheduled as from July 2005. In maritime transport, the Government is seeking to restructure the Port Authority and commercialize operations to increase efficiency and reduce costs. In the Uruguay Round, Trinidad and Tobago made sector-specific commitments with respect to 8 of the 12 sectors identified in the classification prepared by the ϲʹ Secretariat. Trinidad and Tobago participated and undertook commitments in the ϲʹ Negotiations on Telecommunications, but did not make commitments in the Negotiations on Financial Services. As a result, the only financial services area in which it made GATS commitments is reinsurance. In June 2005, Trinidad and Tobago submitted an initial offer in the negotiations on services under the Doha Development Agenda. Agriculture Features and market developments Agriculture has continued to lose share of GDP during the period under review, falling from 1.9% of GDP (including forestry and fisheries, but excluding agri-business) in 1999 to 1.3% in 2004 (or some 4.6% of GDP including agri-business). This decline reflects partly the stronger growth of other sectors, but also the contraction of activity in agriculture, particularly in the sugar industry. The sector has been faced with reduced capacity, production, exports, income, profitability, and competitiveness. Crop activities account for some two thirds of value added, while livestock generates 22% and fisheries 10%. Government intervention in the sector, traditionally important, has decreased in recent years, and takes mainly the form of guaranteed prices for certain commodities and preferential credit. Since Trinidad and Tobago's last Review, the Government has restructured the sugar industry and reduced State participation in it (see below). However, the Government still owns more than half of the country's agricultural land, which includes land designated as forest reserves. Although still employing some 5% (9% including food processing) of the labour force, agriculture has declined in importance as a source of employment. The Government believes that the decline in the relative importance of agriculture is the result of a number of factors: (i) the structural transformation of the economy and increased competition from fasters growing sectors; (ii) the low investment in the sector, due to relatively lower returns compared with other areas of the economy; (iii) developments in international trade, such as the gradual dismantling of preferential market opportunities; (iv) increasing competition from global suppliers; and (v) under-utilization of state lands, praedial larceny and high labour costs. The competitiveness of Trinidad and Tobago's agriculture has been eroded as a result of Dutch-disease effects. The boom in the oil sector in the 1970s and, more recently, the expansion of service activities, such as tourism, increased demand for both non-traded goods and factors, increasing their relative prices. Sugar production continues to be the cornerstone of traditional agriculture. Other major traditional crops are cocoa and coffee. In recent years, there has been diversification into production of non-traditional crops such as citrus, rice, and vegetables. Trinidad and Tobago is a traditional net importer of food (Tables AI.1 and AI.2). Sugar accounts for a third of non-processed agricultural GDP and for over a quarter of employment in the sector. In 2003, exports of raw sugar reached 59,300 tonnes, down from 109,300tonnes in 1997. Raw sugar exports depend mainly on quota arrangements with the European Union and the United States, which provide guaranteed prices above the world-market price. Trinidad and Tobago was allocated an export quota of 45,382 tonnes of raw sugar by the European Union under the Sugar Protocol, and an additional 1,901 tonnes under the Special Preferential Sugar Arrangement. The tariff quota assigned to Trinidad and Tobago by the United States for 2004-05 was 7,371 tonnes. Refined sugar is exported mostly to other CARICOM countries. Sugar is imported when domestic production is insufficient to meet export quotas and domestic demand. Imports were substantial in 2000 and 2001, thereafter imports have been small or negligible. Imports of sugar (except icing sugar) are subject to a 40% tariff, and an import surcharge of 60%. Icing sugar is subject to a 25% tariff and a 75% import surcharge. However, if the need arises, the Government may issue an Order to allow imports of a certain amount of sugar at a lower tariff. This last occurred in 2002. One of the major developments during the period under review has been the restructuring of the state-owned sugar company, CARONI (1975) Limited, in the third quarter of 2003. CARONI engaged in the production and purchase of sugar cane and manufacture and sale of sugar, as well as some other activities. The IMF estimates that CARONI was incurring losses of some 1% of GDP on an annual basis, and had accumulated debt of 6% of GDP by end 2003. CARONI's restructuring included the privatization or closure of its sugar cane production. Since July 2003, a new government-owned company, the Sugar Manufacturing Company Limited (SMCL), has been in charge of manufacturing sugar from cane purchased at guaranteed prices (TT$180 per ton). SMCL has cut sugar processing from 98,300 in 2002 to a target of 75,000 tonnes in 2004 and reduced its production costs. Another company, Rum Distillers Limited, which was also established in late July 2003, as a subsidiary of CARONI, is now a wholly-owned state enterprise. CARONI as such was retained as a non-trading entity to manage all liabilities and non-strategic business units, which will be divested. A sugar industry team has responsibility for the management of the day-to-day operations of the old CARONI 1975 Ltd. Estates. The intention is to divest all the non-cane operations to the private sector. The authorities indicate that this process has already begun with the divestment of rice lands. As part of the restructuring of CARONI, (1975) Limited some 10,000 workers were offered and accepted a voluntary separation of employment package at a cost of TT$653 million. The restructuring is expected to improve the competitiveness of the sugar industry, prepare it for the phasing out of EU preferences, and improve public finances. The authorities indicate that the emphasis of sugar policy is to develop the sugar cane industry, in particular downstream activities. Policy objectives and administration Policy formulation and institutions responsible The Ministry of Agriculture, Land and Marine Resources (MALMR) formulates the overall agricultural policy framework and sector-specific policy measures, including incentives. The role of the MALMR involves production, processing, and marketing activities within the crops, livestock, and fisheries subsectors, as well as the management of natural renewable aquatic resources, and lands and water devoted to farming. The MALMR is also responsible for the protection of the environment from degradation resulting from agricultural and fisheries practices, and the maintenance of biodiversity with respect to both plant and animal species whether cultivated or existing in the wild. In Tobago, the Division of Agriculture, Marine Affairs and the Environment, of the Tobago House of Assembly participates in policy formulation and has been mandated to devise strategies aimed at revitalizing the agriculture sector on the island. There are several large public enterprises operating in the sector, including the recently restructured CARONI (sugar production), National Flour Mills, the National Agricultural Marketing and Development Company (NAMDEVCO), the Agricultural Development Bank (ADB), and the Cocoa and Coffee Industry Board (CCIB). The MALMR provides policy guidelines for the ADB, NAMDEVCO and the CCIB. Policy objectives Despite the shrinking contribution of agriculture to GDP, the Government considers it to have great potential for food security, rural development, and sustainable livelihood, income, employment growth and foreign exchange generation, and therefore takes an active role in developing the sector. State intervention in the sector has been declining: over the years, reforms have been undertaken to reduce distortions and rationalize incentives. Measures taken include divestment of state-owned agricultural enterprises, the restructuring of the sugar sector, and the diversification of agricultural production. Agricultural policy is currently reflected in the Government's Vision 2020 strategy (ChapterII(2)(ii)). Within this framework, a Strategic Agricultural Development plan for the period 2005-10 is being developed. The MALMR's main policy objective is to improve competitiveness through an increase in productivity and earnings while maintaining production sustainability and protecting the environment. To this end, it envisages strategies that include: the application of more efficient technology in production; the marketing of products that meet international food health and safety requirements; the development of the agri-processing industry; and addressing land tenure issues, as well as concerns with respect to the availability of appropriate physical infrastructure and credit, and land theft. The MALMR recognizes the need for enhanced private participation in the sector, and for the State to play a regulatory and trade-facilitation role. The Government is implementing the Agriculture Sector Reform Programme-Technical Assistance Programme (ASRP-TAP) to strengthen the performance of the sector by creating a more dynamic land market, improving the management of State-owned lands, and fostering agri-business development. Policy instruments Border measures Agricultural products enjoy higher tariff protection than non-agricultural goods. The 2004 applied MFN tariff on imports of agricultural products (ϲʹ definition) averaged 19.1%. Using the ISIC classification, the average tariff on agriculture and fisheries was 20.6% in 2004. Some agricultural subsectors, such as fruit and vegetables, animals and products thereof, beverages and spirits, and tobacco products benefit from higher than average protection (Table III.3). In general, tariff quotas are not used; however, prior to the restructuring of CARONI in 2003, preferential tariff quotas were used occasionally for imports of sugar. Certain agricultural products are subject to additional import surcharges, although the list of products has been trimmed since the last Review. In 2005, Trinidad and Tobago applied import surcharges at 40% and 86% on poultry, and at 60% and 75% on sugar and icing sugar, respectively (TableIII.5). Import duties on alcoholic beverages are set at specific rates. Locally and regionally produced alcoholic beverages face excise/compensatory duties. Including surcharges, the single most protected product is sugar (see below). Import licences are still required for livestock, fish, crustaceans, molluscs, and oils and fats (Table III.8). Imports of all plants, fruit and vegetables must have a permit from the Plant Quarantine Division of the MALMR (Chapter III(2)(xi)). Since the creation of the ϲʹ, Trinidad and Tobago has notified four emergency sanitary and phytosanitary measures. Internal measures Trinidad and Tobago maintains a system of guaranteed prices for coffee, cocoa, milk, oranges, grapefruit, paddy rice, copra, and dry shell corn (Table IV.1). Farmers selling to approved purchasers receive guaranteed prices. The list of approved purchasers is available at the MALMR. In contrast with the situation in 1998, guaranteed prices for most goods were below market prices in early 2005. Table IV.1 Price support programme: guaranteed prices, 2005 CommodityGuaranteed price (TT$)Oranges21.00/crateaGrapefruit13.00/cratebCocoa14.00/kg.Coffee11.00/kg.Milk2.55/litreDry shelled corn2.20/kg.Paddy rice Grade I2.20/kg.Paddy rice Grade II1.82/kg.Paddy rice Grade III1.37/kg.Paddy rice Grade IV0.66/kg.Copra2.00/kg. plus subsidy of 1.1/kg.Sugar cane180/ton a Crate of oranges = 40.9 kg. b Crate of grapefruit = 36.4 kg. Source: Ministry of Agriculture, Land and Marine Resources. In the 1999-04 period, the Government granted payments totalling approximately TT$211million (US$33.5 million) for price support and input subsidies (Table IV.2). Table IV.2 Price and input support, 1999-04 (TT$) Type of support199920002001200220032004Total 1999-04Price and input support26,627,92847,464,49027,923,14137,686,83734,036,91837,208,283210,942,597 Source: Information provided by the authorities of Trinidad and Tobago. The Cocoa and Coffee Industry Board is a state agency administered by the MALMR. Growers are not obliged to sell their crops to the Board; however, the Board buys up some 85% of domestic production. The crops are purchased from farmers at guaranteed prices, TT$14/kg. for cocoa and TT$11/kg. for coffee. Some 80% of exports are by the Board. In the case of direct exports, exporters must submit price offers received to the Board for approval. These price offers must not be lower than the price at which the Board sells. Cocoa and coffee farmers registered under the Farmers' Registration Programme are eligible for a number of incentives; applications must be made to the MALMR. Rice farmers receive guaranteed prices ranging between TT$0.66/kg. and TT$2.20/kg., depending on the grade. All paddy produced locally is sold to the Rice Mill at Carlsen Field, which is owned by the majority state-owned National Flour Mills. The subsidy incorporated in the guaranteed price (calculated based on the cost of production) is: TT$1.43/kg., TT$1.12/kg., TT$0.72 and TT$0.09 for grades I, II, III and IV respectively. An average TT$3.7 million of subsidies have been paid annually by the Government since 1999. Rice imports face a tariff of 25%. Imports are mainly from the United States, Guyana, and India. As notified by Trinidad and Tobago to the ϲʹ, support to the agricultural sector has increasingly taken the form of direct payments to farmers, mainly for infrastructure, research, land preparation, and other purposes (see below). Trinidad and Tobago notified its domestic support programmes as measures exempt from the reduction commitment, thus falling under the "Green Box". Domestic support accounted for between 12% and 15.3% of agricultural GDP during the 1999-03 period (Table IV.3). Table IV.3 Domestic support to agriculture, 1999-03 (TT$ million, financial year, 1 October-30 September) Commodity19992000200120022003Total domestic support99.888.5107.2109.5108.2Agricultural GDP830.3697.2707.5713.7768.2Domestic support as % of agricultural GDP12.012.615.215.314.1 Source: Ministry of Agriculture, Land and Marine Resources; and notifications to the ϲʹ Committee on Agriculture. Fiscal incentives available to the agriculture sector include import duty concessions and VAT exemptions. Under Section 56 of the Customs Act, approved agricultural enterprises, (including fisheries and forestry), are exempted from import duties on a range of agricultural inputs and equipment, including wheel tractors, agricultural chemicals, hand tools, and machinery. A range of agricultural inputs and equipment is also exempted from the VAT. In addition, an income tax exemption is provided for a maximum period of ten years for approved agricultural holdings of less than or equal to 40.5 hectares. A number of incentives aimed at specific activities are also in place (Table IV.4). The incentives outlined fall within the MALMR's Agricultural Incentive Programme (AIP). The AIP's aim is to achieve increased productivity, growth and development in the agriculture sector by supporting increased access to technology at a lower cost, encouraging rehabilitation efforts, lowering the cost of inputs, and providing price incentives for commodities that have the potential to be internationally competitive. To benefit from these incentives, an applicant must be a registered farmer. Table IV.4 Incentives to the agriculture sector ActivityType/amount of incentiveConditions/eligibilityAgriculture/floriculture(1) Purchase price subsidy for vehicles, payable in 5 annual tranches - new wheel tractor: 15% up to TT$25,000 - used wheel tractor: 15% up to TT$15,000 - new 4-wheel drive: 15% up to TT$30,000 - imported used 4-wheel drive: 15% up to TT$25,000 - imported used 2-wheel drive: 15% up to TT$15,000 - new truck: 15% up to TT$35,000 - used truck: 15% up to TT$20,000 (1) Farmers registered under the Farmers' Registration Programme, providers of tractor services to the agriculture sector and farmers marketing/producing cooperatives. Once every 5 years. Minimum farm sizes to qualify: (i) 2WD and 4WD and tractors: (a)vegetable crops 0.25 ha (undercover), -0.5ha (field); (b)food crops, mixed crops and livestock 1 ha; (c) tree crops; (d) ornamental crops 0.25 ha; (e) dairy and beef 10 adult animals; (f) pigs 10 breeding animals or 20 fatteners; (g) goats/sheep 20 breeding animals; (h) poultry 10,000 (broilers), 3,000 (layers); (ii) trucks: (a) citrus 8 ha; (b) cocoa/coffee 12 ha; (c) coconut 20 ha.(2) Subsidy for machinery and equipment: - machinery and/equipment/trailers: 50% of purchase price up to TT$25,000/TT$3,000 - biodigesters/solar dryers: 50% of cost up to TT$5,000(2) Farmers registered under the Farmers' Registration Programme(3) Water incentives: - Wells, dams, ponds: 25% of cost up to TT$20,000 - Water pumps/irrigation equipment: 50% of purchase price up to TT$7,500/TT$25,000(3) Farmers registered under the Farmers' Registration ProgrammeSoil conservationPayments to farmers: - contour drains: TT$70 per 30 metres - storm drains: TT$80 per 30 metres - contour banking and ridging: TT$370/ha. - contour barriers: TT$40 per 30 metres - terrace outlets: TT$120 per 30 metres - check dams: 50% of cost up to TT$200Farmers registered under the Farmers' Registration ProgrammeLand preparationPayments to farmers: - Tillage operations 25% of the cost up to TT$200/ha and 2ha/yearFarmers registered under the Farmers' Registration Programme. At least 0.5 ha must be preparedBeekeepingSubsidy of 50% of the purchase price up to TT$25,000 of machinery and equipment for beekeepingRegistration/prior inspection of goodsFisheries(1) Lower prices for: - gasoline used in fishing vessels (TT$0.12/litre); - diesel fuel used in fishing vessels (TT$0.10/litre); - oil used in fishing vessels (TT$0.75/litre)(1) Registration as vessel owner. Engines and vessels must be registered with the MALMR. A maximum of two registered marine out- board engines per pirogue and one in-board diesel engine per vessel is allowed(2) Purchase price subsidy for vehicles, in 5 annual tranches: - new 4-wheel drive : 15% up to TT$30,000 - used 4-wheel drive: 15% up to TT$25,000 - new 2-wheel drive : 15% up to TT$20,000 - used 2-wheel drive: 15% up to TT$15,000 - new truck: 15% up to TT$35,000 - used truck: 15% up to TT$20,000(2) Registered fishermen who own commercial fishing vessels. Once every 5 years. Minimum number of fishing vessels owned and operated: - 2 and 4-wheel drive: 3-5 pirogues; e"1trawler; - trucks: e" 6 pirogues; e" 1 trawler(3) Purchase price subsidy on pirogues or multi purpose boats: 10% up to TT$5,000/ TT$50,000, respectively(3) Registered fishermen and fishing vessel ownersAquaculture - Ponds for the production of fresh water fish: 25% subsidy of the cost of construction up to TT$20,000Registered fish farmers. The parcel of land should be at least 0.8 ha in sizeTable IV.4 (cont'd)CitrusPayments to farmers: - establishment of new fields and rehabilitation of old fields: 20% of the cost up to TT$2,000/ha.Citrus farmers registered under the Farmers' Registration Programme. A minimum of 1 ha must be established or rehabilitatedCoconutPayments to farmers: - establishment of new fields/rehabilitation of old fields: 25% of the cost up to TT$1,200/TT$1,000/ha.Coconut farmers registered under the Farmers' Registration Programme. A minimum of 5 ha. must be established or rehabilitatedBeef, dairy, goats, sheepPayment to farmers: - establishment of pastures: 50% of cost up to TT$2,000/ha.Registered under the Farmers' Registration ProgrammeCocoa/coffeePayment to farmers: - establishment/rehabilitation: 50% of cost up to TT$4,000/TT$2,000/ha.Registered under the Farmers' Registration ProgrammeSugar caneSubsidy: - Fertilizers: 50% of c.i.f. price - Aerial spraying: 100% of costRegistered under the Farmers' Registration Programme Source: MALMR. The Agricultural Development Bank (ADB) was established in 1968 to foster agriculture, fishing and related industries primarily through the provision of short-, medium- and long-term loans for the sustained development of the agri-business sector. Since the late 1990s, the ADB has concentrated its activities on modernizing the sector, upgrading productive capacity, and promoting agri-tourism, aquaculture, and woodworking. The ADB offers loans for a wide range of agricultural activities. There are no lending limits, and repayment is structured to fit the product cycle. Interest rates are calculated on the declining balance and are based on a prime rate; the rate was 8% in December 2004. Loans are available to citizens or residents of Trinidad and Tobago, or companies registered in the country. Since its creation, the ADB has provided credits for over TT$2 billion. In the 1998-04 period, disbursements totalled TT$265.5 million (some US$42million). Table IV.5 Agricultural Development Bank approvals and disbursements, 1998-04 (TT$) Year1998199920002001200220032004a1998-04Approvals80,319,00058,828,51156,929,34136,343,19231,729,36838,488,23428,586,901 331,224,547Disbursements66,311,00048,548,46136,829,59924,762,79321,247,35729,149,01838,665,327 265,513,555 a Disbursements figures for 2004 include loans approved in 2003 but disbursed in 2004. Source: Information provided by the authorities of Trinidad and Tobago. The ADB also offers same-day package loans for sugar cane and dairy projects. These loans are granted within one day, based on an assignment of sales. The ADB is affiliated to the CARIFORUM Agribusiness Research and Training Fund (CARTF), funded by the European Union to provide support for research and training in the agri-business and fisheries subsectors through grants of up to US$50,000. Trinidad and Tobago has notified the ϲʹ that it does not subsidize its exports of agricultural goods. Hydrocarbons Features The hydrocarbons sector dominates the economy of Trinidad and Tobago. It accounts directly for about a third of GDP, and is by far the largest source of foreign exchange earnings. The sector's share of GDP declined from its peak of 42.1% in 1980 to 34.1% in 2004, but has increased during the period under review. Some 59.8% of the sector's value added was generated in 2004 by extracted crude oil and gas; 17.6% by refined petroleum and condensed gas; and 22.3% by processed petrochemicals and other. Supported by new production and higher international prices, the energy sector is expected to expand further over the coming years, particularly in the areas of liquefied natural gas (LNG) and petrochemicals. Most of Trinidad and Tobago's energy production is exported. The sector also generates over 37% of government revenue and 85.8% of merchandise exports. Exports of hydrocarbon products reached some US$4.4 billion in 2003, equivalent to 40% of GDP; exports of fuels reached US$3.5billion (Table AI.1). The United States is the largest market for Trinidad and Tobago's crude oil and natural gas exports, with a share of 100% and 86% of total exports, respectively, in 2003. Other export markets for hydrocarbon-related products include Spain, Japan, and other Caribbean countries. The energy sector plays a crucial role in the current account of the balance of payments (Chapter I (balance of payments)). Similarly, the energy sector generates important investment inflows. The sector also accounts for most of the foreign direct investment (FDI) flowing into Trinidad and Tobago. Due to strong foreign participation in the energy sector and its capital-intensive nature, FDI is its sector's main form of financing; cumulative FDI over the 1999-04 period was some US$4.97billion. As a capital-intensive activity, the contribution of the energy sector to employment is small, amounting to just 3.4% of total employment in 2004. Proven oil and gas reserves were estimated at around 4,500 million barrels of oil equivalent in 2004, of which over 80% correspond to natural gas. Hydrocarbon resources are estimated to be sufficient for another 40 years of output, at current production levels. Crude oil production has been increasing since 2001, encouraged by high international prices; it reached 134,089 b/d in 2003 (TableIV.6). Trinidad and Tobago has one of the largest natural deposits of asphalt in the world. The latest available figures show that asphalt production reached 25,518 tonnes in 2003, of which 83.6% was exported. Trinidad and Tobago's energy sector is characterized by the presence of large international companies or their affiliates. However, there is still strong state participation through large state-owned companies, such as the Petroleum Company of Trinidad and Tobago (PETROTRIN), the Natural Gas Company (NGC), and the National Petroleum Marketing Company (NPMC), as well as through state minority shareholding in the domestic private companies PRIMERA and MORAVEN. PETROTRIN and British Petroleum are the main crude oil producing companies, each accounting for 44% of the total; up until 2004 British Petroleum was the only exporter of crude oil; in 2005, a consortium of BHP Billiton, Talisman and Total began exporting crude oil. PETROTRIN, fully owned by the Government, is the single largest contributor to GDP and the third largest direct employer. The NPMC engages in the marketing of petroleum fuels, lubricating oils, LPG and compressed natural gas, bituminous products, and automotive specialty products; although it no longer has the monopoly on the distribution and marketing of petroleum products, it possesses the largest service station network in Trinidad and Tobago. UNIPET (domestic company) is also involved in distribution activities. Table IV.6 Crude oil and natural gas production, 1999-04 199920002001200220032004Crude oilaExploration (metres)41,99533,13945,91020,59328,94129,063Daily average production (barrels)125,164119,354113,523130,626134,089122,902Total production ('000 barrels)45,68543,68041,46947,82449,11744,982Imports ('000 barrels)28,60735,19530,52432,24133,18622,771Exports ('000 barrels)20,35719,11818,32324,89526,00220,467Natural gas (million cubic feet/day)Production1,281.01,498.01,596.01,826.02,594.02,938.0Utilizationb1,004.61,255.01,304.31,771.22,325.22,640.1of which:Petrochemicals596.3618.5661.0693.8731.1846.5Electricity generation183.3186.5193.3219.2230.1239.4LNG225.0450.0450.0858.21,364.01,415.3 a Also includes condensates. b Utilization refers to gas sales, and does not include natural gas used in own consumption. Source: Ministry of Energy and Energy Industries; and Central Bank of Trinidad and Tobago. Trinidad and Tobago has an important oil refining industry. PETROTRIN owns and operates the country's only operating refinery (Pointe--Pierre), which refines petroleum products for local consumption and for export. In addition to local sources of crude oil, Trinidad and Tobago also imports crude petroleum to maintain optimal production levels at its refinery. In 2004, crude oil imports amounted to 22.5million barrels or approximately 60% of refinery throughput. Most of the imports under processing agreements come from Barbados. An agreement with Venezuela was terminated in 2004. Imports of petroleum products face, on average, an MFN tariff rate of 11%, with rates ranging between 0 and 30%; products with more value added, like refined oils and asphalt, face higher rates. Imports of crude oil are duty free. Natural gas production has continued to develop rapidly, as has that of natural-gas-based petrochemicals (TableIV.6). Over 90% of production is in the hands of multinational oil/gas producers. BP Trinidad and Tobago LLC, the largest gas producer and supplier of natural gas, accounted for 54% of total gas production in 2004; British Gas Trinidad Limited (BG), and EOG Resources Trinidad Limited (EOGR) accounted for 20.3% and 18%, of total gas produced in 2004. Although production activities are open to competition, the National Gas Company Trinidad and Tobago Ltd. (NGC), a state-owned company, has the legal monopoly over the purchase, transmission, and sale of natural gas. Until late 2004, NGC was also responsible for the development of downstream gas-based industries, but this responsibility has been shifted to the National Energy Corporation. NGC negotiates gas purchasing contracts with suppliers, as needed, and separate gas supply contracts with consumers. Suppliers may obtain incentives under the Fiscal Incentives Act (section (3)(iii)). In 2004, the Atlantic Liquefied Natural Gas Company (ALNG) was the main user of extracted natural gas, accounting for some 56% of the total sales of natural gas in that year. Most of the gas received by ALNG is utilized in the production of LNG; some natural gas liquids are also produced at the plant and piped to Phoenix Park Gas Processors Limited (PPGPL), a joint venture between the NGC and local and U.S. firms, for separation into propane, butane, and natural gas gasoline. Gas demand by ALNG increased substantially in 2002 and 2003 mainly due to the opening of two new liquefying trains. The remainder of the gas was sold by the NGC to various customers and, was used, in 2004, for the petrochemical industry (68.1% of the total in 2004), for power generation (20%), production of iron and steel (6.9%%), gas processing (2.1%), and other uses including refinery (3%). Among petrochemicals, the main users are: the ammonia, methanol, and urea industries, with 59%, 40%, and 1% of total petrochemical sales, respectively. There are three LNG plants in operation: two are entirely owned by international petroleum companies and one has 10% state participation, through the NGC. A fourth train, ALNG Train IV, in which NGC has an 11.1% ownership stake, is expected to come on-stream in late 2005. Trinidad and Tobago is the world's fifth largest exporter of LNG. The authorities expect that this plant, with a capacity of 5.2million tonnes per year, will lead to an increase in domestic LNG production to approximately 15 million tonnes per year. Over half of all the gas produced in the country is exported directly as LNG, a major change compared with the situation described in the previous review, when there were no exports of LNG. The main market for Trinidad and Tobago's LNG exports is the United States (98% of exports in 2004); Trinidad and Tobago supplied 73% of U.S. LNG imports in 2004. Natural gas is the main feedstock of the petrochemical industry. Production of petrochemicals has been increasing steadily, from TT$2,182 million in 2000, to an estimated TT$3,144.4 million in 2004. In mid 2004, new ammonia and methanol plants began operations; this resulted in a substantial increase in production. The hub of Trinidad and Tobago's petrochemical industry is the Point Lisas Industrial Estate. Foreign private capital plays a major role in the industry and most of the petrochemicals produced are exported, mainly to the United States. Trinidad and Tobago is the world's largest exporter of ammonia and methanol from a single site. Methanol, ammonia, and urea prices increased substantially between 2002 and 2003. Most petroleum-related manufacturing companies are located in the Point Lisas Industrial Estate, which enjoys free-zone privileges, and is managed by the majority state-owned Point Lisas Industrial Port Development Corporation (PLIPDECO). Petrochemical companies, as well as steel plants and medium-sized manufacturers on the industrial estate, enjoy exemptions from customs duties, income and corporate taxes, business levies, withholding taxes on remittance of profits, dividends and other distributions, and land and building taxes. Policy objectives The Ministry of Energy and Energy Industries (MEEI) is responsible for managing and regulating the energy sector, as well as for the operational and commercial aspects of the state petroleum and energy-based industries. The MEEI oversees a range of activities, including the formulation and implementation of laws and regulations for the petroleum industry. The MEEI also has shared responsibility with the Ministry of Finance collecting petroleum revenues accruing to the State. The Government's main policy goal is to ensure the efficient and effective management of the energy and mineral sectors. To this end, it has undertaken policy initiatives over the years to reduce direct state participation in the industry, to rationalize and restructure state-owned oil companies, and to review the petroleum taxation system. Among its intermediate goals, the MEEI aims to increase exploration and production activities, particularly in deep waters, and to develop downstream natural gas-based industries. The Government also follows a policy of attracting foreign investment to explore and increase hydrocarbon reserves, and encouraging gas-processing activities. Another important aspect of the Government's policy in relation to the energy sector is the attempt to maximize the level of local content and local participation in all energy sector activities. Towards this end a Permanent Local Content Committee was established and the Local Content and Local Participation in the Energy Sector Policy and Framework was issued in October 2004. The authorities indicate that this policy document, prepared by Committee, was being implemented in May 2005. The National Energy Corporation of Trinidad and Tobago Limited (NEC), a state-owned enterprise, is responsible for project and infrastructure development in the energy sector. The NEC also has responsibility for the development of downstream natural-gas-based industries, a role formerly undertaken by its parent company, the NGC. In 2000, the Government established the Interim Revenue Stabilization Fund (known as the Oil Stabilization Fund), out of any additional revenues from a base oil price of US$25 a barrel (seeChapter I). The Fund has been functioning on an interim basis; legislation to implement the Fund on a permanent basis is awaiting approval (mid 2005). Legal framework and incentives Petroleum exploration and production operations in Trinidad and Tobago are principally governed by: the Petroleum Act, 1969 (Chapter 62:01), as amended; the Petroleum Regulations, 1970, as amended; and the Petroleum Taxes Act, 1974. Under the Petroleum Act, petroleum resources on state lands and submarine areas are vested in the State and petroleum rights with respect to them are exercisable by the President. Owners of private lands can exercise petroleum rights, subject to the Petroleum Act. The Petroleum Act, 1969, established a framework for the granting of licences/contracts for the conduct of petroleum operations on land and submarine areas. The MEEI is responsible for determining the areas available for exploration and production, and through competitive bidding, grants exploration and production rights. Licences/contracts may be of several kinds, as defined in the Petroleum Regulations. The MEEI also grants licences for refining; liquefaction of natural gas; pipelines; transportation (other than by pipeline); marketing; and petrochemicals. Applications for a licence may be made on an uninvited basis or invited under a Competitive Bidding Order (CBO). Successful CBO bidders are required to negotiate with the State for a production-sharing contract (PSC) or a licence. Most new contracts for oil and gas development are PSCs, which are agreements where the contractor bears all exploration risks, and development and production costs in return for a stipulated share of the production resulting from this effort. Shares are specified in each PSC, and may vary from year to year, depending on the cost of production, output prices, and other factors. The Government receives cash payments but royalties are not applied on PSCs. Over the 1995-02 period, 15 PSCs were signed, of which two during the period under review (in 2002). In May 2004, the Government announced the award of nine blocks; in three cases, the awardees were offered the opportunity to enter into negotiations with the MEEI for a PSC in respect of their respective blocks. However, no new PSCs have been signed to date. The tax regime in the petroleum industry is governed by the Petroleum Act, the Petroleum Taxes Act, the Petroleum Production Levy and Subsidy Act, the Income Tax (In Aid of Industry) Act, the Corporation Taxes Act and the Unemployment Levy Act. The tax regime is based on a two-tier system consisting of three profit/income-based corporation taxes: a petroleum profits tax (PPT), at 50% of taxable profits; a supplemental petroleum tax (SPT); and an unemployment levy. There are also three production-based taxes: a royalty; a petroleum production levy (PPL); and a petroleum impost (TableIV.7). Companies engaging in gas production are subject to different taxation patterns from those involved in petroleum operations. They pay royalties at a rate negotiated with the Government, which is generally TT$0.015 per mcf if used domestically, and TT$0.02 per mcf, if exported. This is estimated to be equivalent to less than 0.3% of the value of the natural gas in ad valorem terms. Gas-producing companies and petrochemical companies pay corporate income tax at the standard rate of 35% on profits, and the petroleum impost. This tax rate applies also to petroleum marketing operations, which are not subject to the Petroleum Taxes Act. Incentives are provided to encourage investment, particularly in exploration projects and enhanced oil recovery schemes. Apart from the allowances mentioned in Table IV.7, the Income Tax (in Aid of Industry) Act provides for capital allowances where applicable, and the Customs Act, Value Added Tax Act, the Corporation Tax Act and the Finance Act, 2004 provide for various concessions and allowances. The Income Tax (In Aid of Industry) Act provides capital allowances applicable to the calculation of the PPT for petroleum production businesses. Import duty and VAT exemptions are also granted under the Customs Act and the VAT Act (ChapterIII). The tax burden of the petroleum activities of the energy sector has increased during the period under review. The tax share of the whole sector relative to total value-added increased from 64% in 1998 to 76% in 2003. Government revenue from the energy sector represented over 40% of total revenue in FY 2003, up from 31% in FY 2002. A quarter of total government revenue in FY 2003 stemmed from PPT and SPT receipts, up from 16% in FY 2002. Royalties accounted for less than 6% of revenue. Table IV.7 Petroleum taxation in Trinidad and Tobago Tax categoryContentDeduction and allowanceRoyalty12.5% of the value of all petroleum producedPetroleum Profits Tax50% of taxable profits(i) 100% on the expenditure incurred on workovers, maintenance or repair work on completed wells and qualifying side tracks; (ii) 100% on capital expenditure on a heavy oil project; (iii) expenditure on a dry hole or a development dry hole with the Minister's approvalSupplemental Petroleum Tax (SPT)Sliding scale of tax rates based on oil prices, ranging from 0 for crude prices under US$13.01 a barrel, to a maximum of 38% (45% for offshore operations) for crude prices over US$49.50 a barrel SPT is computed on gross income from crude oil; less allowances for royalty payments and various expenditures incurred in exploration and development activity (i) 50% of geological and geophysical costs (ii) 100% of direct cost of drilling exploration wells (iii) royalty payment (iv) 100% of capital expenditure incurred in the drilling of wells and the acquisition of plant and machinery for use in marine thermal recovery schemes for heavy oil (v) 40% of direct intangible drilling cost and 40% of tangible costs incurred in a development activity (vi) productivity allowance: 20% reduction in SPT rate on production over 90% of previous year's average (vii) small field allowance: 20% reduction in SPT rate for fields producing is less than 200 bpd for each wellPetroleum Production Levy (PPL)Up to 3% of gross income from crude oil; Provides the subsidy for petroleum products on the domestic marketPetroleum ImpostRates based on petroleum produced in the previous year. The impost is a payment to cover administrative costs of the MEEI. Unemployment Levy5% of taxable profits(i) operating and administrative expense (ii) royalty (iii) petroleum production levy (iv) supplemental petroleum taxGreen Fund Levy2% of sales Source: Ministry of Energy and Energy Industries; and TIDCO. Domestic petroleum product prices are subsidized by the proceeds of the Petroleum Production Levy. The gross margin for certain petroleum products is determined by Ministerial Order. The Petroleum Production Levy and Subsidy (Gross Margin) Order, 2003 fixed the gross margin for gasoline (except unleaded premium), kerosene, and diesel, at TT$0.07 per litre for private companies, and at TT$0.12 per litre for state companies. The margins for unleaded premium gasoline are TT$0.08 and TT$0.15 per litre, respectively. Following the determination of these margins, the wholesale and retail prices are fixed. The Price of Petroleum Products (Amendment) Order, 2003 fixed prices for diesel, kerosene, and gasoline at tax-inclusive retail prices ranging from TT$1.50 to TT$3.00 per litre (about US$0.24 to US$0.48 per litre). Natural gas pricing in Trinidad and Tobago is a hybrid of different models. For LNG, the price is linked directly with gas prices in major consuming markets: both the f.o.b. (sale) and producer (wellhead) prices of ALNG gas are determined by netback pricing based on prevailing prices in the United States and Europe (Spain). Outside of LNG, i.e. in sales by NGC to the petrochemicals, power, heavy, and light industries, producer (wellhead) prices are determined through arms-length negotiations with the producers. Differential pricing regimes prevail by end-use and by sector. For the petrochemicals sector, NGC applies a product-related pricing mechanism by which NGC shares the market price risks with the petrochemical customers by allowing the gas feedstock price to fluctuate with commodity prices. A product-related pricing formula links a reference price of gas to a reference gas-based-product price: increases or decreases of the price of gas are correlated to movement in the price of commodities (ammonia and methanol). Other Manufacturing Features The manufacturing sector, including food processing, but excluding petroleum-related activities, accounted for only 6.8% of GDP in 2003, down from 8% in 1999. Most non-petroleum manufacturing consists of steel and cement, wood products, paper, printing and publishing, and construction materials. Despite the Government's efforts to diversify production, the non-petroleum manufacturing sector remains indirectly dependent on the production of hydrocarbons. An example of this is the iron and steel industry, an important user of natural gas. Both production and exports of iron and steel products increased considerably in the 1999-03 period (Table IV.8). Production of direct reduced iron (DRI) almost doubled in this period; more than half was exported. Imports of iron and steel products face an average tariff of 4.6% in 2004; the range is between 0 and 15%. The Caribbean ISPAT Limited iron and steel plant, which is fully privately owned, has the capacity to produce 900,000 tonnes of direct reduced iron pellets, 700,000tonnes of billets, and 600,000 tonnes of wire rods per annum. Trinidad Cement Limited (TCL) is the sole producer of cement in Trinidad and Tobago. Cement production increased from 688,400 tonnes to 765,600 tonnes in the 1999-03 period. However, exports of cement, mainly to CARICOM member states, declined from 341,600 tonnes to 257,600 tonnes (TableIV.8). In this respect, the authorities note that TCL's purchase of Carib Cement Limited in Jamaica, was one of the major reasons for the decline in exports of cement to CARICOM. Table IV.8 Production and exports of steel products and cement, 1999-03 ('000 tonnes) 19992000200120022003ProductionSteel productsDirect reduced iron1,293.01,524.82,187.42,316.32,275.0Billets723.9743.8668.3816.9896.0Wire rods638.2630.8604.8704.5640.9Cement688.4742.7696.8743.7765.6ExportsSteelDirect reduced iron521.7677.21,364.21,377.11,268.3Billets0.00.014.80.00.0Wire rods588.8590.4561.0655.1635.3Cement341.6288.0263.7296.1257.6 Source: Central Bank of Trinidad and Tobago. Potential imports of cement face a tariff of 15%. However, the tariff for Portland cement (HS2523.291) has been increased repeatedly by House of Representatives Orders during the period under review. The last increase was to 60%, for the period 26 March 2003-31 December 2004. Twoout of the four AD duty orders in place in Trinidad and Tobago are on Portland cement, from Indonesia and Thailand. Policy considerations In its Vision 2020, the Government has targeted for development several light-manufacturing subsectors including food and beverages, printing and packaging, and fish processing. The Government is also intent in fostering the development of small and medium-sized enterprises. The 2004 average MFN tariff on imports of industrial products (ISIC-2 definition) was 8.4%, with a peak of 60%. The highest average tariffs are applied on food, beverages and tobacco, clothing and apparel articles, wood and wood products, and other manufacturing articles. There are signs of tariff escalation in all except one (food and beverages) manufacturing sector. A number of incentive schemes are available for manufacturers. Section 56 of the Customs Act allows customs duty concessions on imports of machinery, equipment, and materials for a wide range of approved non-petroleum (and petroleum) manufacturing activities (ChapterIII(2)(iv)(d)). The Fiscal Incentives Act grants tax relief from corporate tax and customs duties to approved enterprises for up to ten years (Chapter III(4)(iii)). A number of free zones have been established to encourage the development of export-oriented manufacturing (ChapterIII(3)(iv)(b)). Accelerated tax depreciation is granted in the form of an initial allowance (10% of capital expenditure for general manufacturing and 20% for petrochemicals) and an annual allowance (10% of capital expenditure). Electricity The primary source of electricity generated in Trinidad and Tobago is natural gas. Under a contractual arrangement in place since 1995, between the Trinidad and Tobago Electricity Commission (T&TEC) and the National Gas Commission (NGC), the price of natural gas increases annually by 4% while conversion costs change annually in tandem with the U.S. Consumer Prices Index. The authorities indicate that prices paid by the T&TEC for the natural gas used are based on costs of production; they are not publicly disclosed. Around 9.8% of total natural gas utilization is for electricity generation, which increased from 4.8 billion kilowatt hours (kWh) in 1997 to 6.7billion kWh in 2004. The demand for electricity was 6,321 billion kWh. in 2004. At the end of 2001, responsibility for the electricity sector was moved to the Ministry of Public Utilities and the Environment (MPU&E) from the Ministry of Energy and Energy Industries (MEEI). The MPU&E is responsible for policy formulation and planning. The sector's regulator is the Regulated Industries Commission (RIC); until 2001, regulation had been under the responsibility of the Public Utilities Commission (PUC). The RIC is a statutory body established under the Regulated Industries Commission Act, No. 26 of 1998, which started operating in June 2001 as the regulatory agency for utilities. Its functions include setting tariffs; monitoring rates charged to ensure compliance; making recommendations for the award of licences; and monitoring and enforcing compliance with licence conditions. The RIC has stronger regulatory powers than the former PUC, and part of its mandate is to ensure that good quality and efficient utility services are provided at fair and reasonable costs in Trinidad and Tobago. In March 2004, the RIC, launched quality-of-service standards for electricity transmission and distribution services. The Trinidad and Tobago Electricity Commission (T&TEC), which came into being by virtue of the Trinidad and Tobago Electricity Commission Ordinance No. 42 of 1945, is responsible for the transmission, distribution, and administration of electrical power to the national electrical grid. T&TEC is also responsible for ensuring that there is adequate generation capacity in the country. T&TEC is totally state owned and regulated and is by law the sole retailer of electric power in the country. T&TEC supplies electrical power to customers on both islands via a single interconnected grid. T&TEC purchases bulk electrical power from independent generation companies, and is responsible for securing fuel supplies for them. T&TEC has over 356,000 customers; industrial customers, which include many petrochemical plants, account for approximately 65% of total sales. The value of T&TEC assets was estimated at US$210 million in early 2005; estimated capital expenditure for the period 2005-09 is US$280 million. T&TEC posted a deficit of TTS$236 million (US$37.5 million) in 2003. Around 97% of the population has access to electricity. To facilitate access for the remaining 3% there is a national rural electrification programme funded by the EU, and a national social development programme funded by the Government. The generation of electricity is provided by two firms but one, the Power Generation Company of Trinidad and Tobago (PowerGen), has over 80% of the market. PowerGen, a joint venture between T&TEC and two foreign private companies, operates three major power generation plants with a total generating capacity of 1,183 MW. The second firm engaged in generation activities is Trinity Power Limited, a consortium of U.S.-owned companies. Trinity Power has one generating station with a capacity of 225 MW. A 2003 study shows that electricity rates in Trinidad and Tobago are the lowest in Latin American and the Caribbean. All electricity charges are subject to a 15% VAT. Electricity tariffs vary according to user: they are currently set by the RIC, in accordance with the Regulated Industries Commission Act, No. 26 of 1998. All tariffs are subject to minimum bill requirements, which vary according to the user, and to a fuel charge (Table IV.9). This charge is meant to partly cover the cost of fuel used in the production and delivery of electricity, over and above a base approved by the RIC. There is also an exchange rate adjustment charge, which takes into account changes in the cost of foreign inputs resulting from movements in the value of the Trinidad and Tobago dollar relative to the U.S. dollar; this charge is applied following a formula. The base rate reflects conversion, transmission, and distribution costs. The authorities indicate that T&TEC recently approached the RIC to conduct a tariff review: base rates for residential and commercial customers have not been modified since 1992; those for industrial customers have not changed since 1998. There are four industrial customer rates (Table IV.9). Usage fees for industrial customers are determined monthly in accordance with a calculated maximum demand, which is the average kVA load during the 15-minute period of greatest use during the month. There is a minimum bill, which is equivalent to the reserve capacity charge, based on 75% of the capacity reserved by the RIC for the customer at his/her request. Table IV.9 Summary of electricity rates, January 2005 (TT$) ClassResidentialCommercialIndustrialHeavy industrialTariffABD1D2D3EFrequency of billingEvery 2 monthsEvery 2 monthsMonthlyMonthlyMonthlyMonthlyFixed chargesCustomer charge 4.0020.00n.a.n.a.n.a.n.a.Usage charges1. EnergyBase energy rate per kWh0.1500000.1650000.1675000.1520000.0690000.061400Fuel charge per kWh0.0480580.0480580.0480580.0480580.0480580.048058Exchange rate adjustment per kWh0.0220300.0220300.0220300.0220300.0220300.022030Total energy charge rate0.2200880.2350880.2375880.2220880.1390880.1314882. DemandMaximum demand charge kVA per month n.a.n.a.21.7521.7526.0823.60Minimum bill 10.0058.00Equivalent to demand charge for 75% of customer's reserve capacitya n.a. Not applicable. a Industrial customers are required to specify the planned maximum demand of their plant in kVA (the reserve capacity) when requesting a supply. Note: Residential domestic rate "A" is applied to all domestic and household electricity supplies for use by one family living in one residence; commercial rate "B" is applied to electricity supplied for purposes other than domestic in a single installation supplied from one meter at low voltage; industrial rate "D1" is available for three-phase low voltage supply for all purposes, if supplied and metered at one point; industrial rate "D2" is available for three-phase voltage supply for all purposes, if supplied and metered at one point; industrial rate "D3" is available for three-phase high voltage supply for all purposes, if supplied and metered at one point; industrial rate "E" is available for very large loads (over 25,000 kVA) of three-phase high voltage supply for all purposes, if supplied and metered at one point; rates "D3" and "E" are for heavy industrial use, and are destined mainly for some of Trinidad and Tobago's main petroleum-related industries. Source: Trinidad and Tobago Electricity Commission. Services Overview The services sector accounted for 57% of GDP and some three quarters of total employment in 2004, excluding petroleum-related services. Including services provided to the petroleum industry, the service sector's share of GDP slightly exceeds 60%. In the Uruguay Round, Trinidad and Tobago made sector-specific commitments with respect to 8 of the 12 sectors identified in the classification prepared by the ϲʹ Secretariat (TableAIV.1). Most commitments are specific to certain subsectors. Trinidad and Tobago's GATS Schedule provides for horizontal market access limitations with respect to presence of natural persons. One of these limitations, for example, is that the employment of a foreigner in excess of 30 days, including a CARICOM national, is subject to the obtention of a work permit granted on a case-by-case basis. Also, foreign natural persons may be employed only as managers, executives, specialists, and experts. With respect to commercial presence, the acquisition of over 30% of the equity of publicly traded companies is subject to approval, as is the purchase by foreigners of over five acres of land for commercial and one acre for residential purposes. Trinidad and Tobago listed exemptions to MFN treatment under maritime transport for cargo reservations under the UN Code of Conduct on Liner Conferences, and for all sectors for bilateral investment promotion and protection treaties, both for an unlimited period of time. Trinidad and Tobago participated and undertook commitments in the ϲʹ extended negotiations on telecommunications, but did not make commitments in the ϲʹ negotiations on financial services and, as a result, the only financial services area in which it has made GATS commitments is reinsurance. In June 2005, Trinidad and Tobago submitted an initial services offer in the negotiations on services under the Doha Development Agenda. Provisions for the liberalization of services within the CARICOM are contained in Chapter 3 of the Revised Treaty of Chaguaramas (Chapter II(4)(ii)(a)). All members committed themselves to implementation by 31 December 2005, when all legislative and administrative restrictions on the provision of services should be eliminated and service providers from one member will be entitled to full market access and national treatment in the receiving member state. Trinidad and Tobago, along with Barbados and Jamaica, made commitments to fast track the implementation of the single market as of 1 January 2005; the legislation to this effect Act No. 3 of 2005, was assented on 17February2005, and proclaimed on 23 May 2005. Act No. 2 of 2005, removing restrictions, among other things, in services, was assented in January 2005. Some of the bilateral agreements between CARICOM and other countries in the Western Hemisphere contain provisions for the liberalization of services (Chapter II(4)(ii)(b)). Financial services Financial services, together with real estate and business services, accounted for 12.5% of GDP and some 7.7% of total employment in 2003. The financial system comprises commercial banks, non-banking financial institutions, and insurance companies, as well as the Trinidad and Tobago Stock Exchange (TTSE), the Unit Trust Corporation (UTC), the Home Mortgage Bank (HMB), and the Deposit Insurance Corporation (DIC) (Table IV.10). The financial system's total assets exceeded TT$100 billion in 2004 (US$16 billion). Commercial banks account for almost half of these assets. Liberalization in the financial services sector, triggered by the removal of exchange rate controls in the early 1990s, was accompanied by enhanced regulation and supervision, embodied in the Financial Institutions Act, 1993 (FIA), and by the move by the Central Bank to risk-based supervision. Liberalization has also been accompanied by an expansion of the capital markets and the establishment of supporting institutions such as the four generically distinct institutions listed above. The widening of capital market activity includes the development of retirement plans denominated in U.S. dollar, individual deferred annuity plans, and mutual funds, including offshore equity funds. There has also been some blurring of the distinction between the activities of banks and non-banks. There are currently three different regulatory authorities for the financial system: the Financial Institutions Supervision Department of the Central Bank, the Commissioner of Co-operative Societies, and the Securities and Exchange Commission. The authorities are aiming to create a regulatory framework to provide for a single regulatory authority. The authorities took an important step in this direction, in 2004, by extending the Central Bank's supervisory jurisdiction to the insurance industry, to replace the Office of the Supervisor of Insurance. Table IV.10 The financial system in Trinidad and Tobago, 2004 InstitutionsNumber of institutions (branches)Total assetsa (TT$ million)Central Bank122,605Commercial banks6 (123)48,058Financial companies and merchant banks10 (13)12,218Trust and mortgage financial companies6 (10)10,551Thrift institutions (building societies)268Development banks22,056Unit Trust Corporation111,340cCredit unions390b2,388dNational Insurance Board112,010Insurance companies (life)4717,968Deposit insurance corporations1743Home mortgage banks11,749Venture capital companies2n.a.Trinidad and Tobago Stock Exchange 135.1EXIMBANK152.5 n.a. Not applicable. a At 31 December 2004, unless otherwise indicated. b The last year available is 1999. c 2002 figures. d 2001 figures. Source: Central Bank of Trinidad and Tobago; and Ministry of Finance (2004), Reform of the Financial System of Trinidad and Tobago. In 2002, the Government of Trinidad and Tobago identified the need to reform the domestic financial system as part of its objective of achieving developed country status by the year 2020. A White Paper was prepared and subsequently laid in Parliament in June 2004. The White Paper sets out the policy framework and reform initiatives that will be pursued in establishing Trinidad and Tobago as a Pan-Caribbean financial center (PCFC). The White Paper identifies some needed measures, such as: updating the legislative framework to align regulatory standards for non-banking institutions to internationally accepted standards; implementing international standards for information disclosure and reporting throughout the financial system; and improving corporate governance and reporting standards. The White Paper also identifies the need to introduce competition policy legislation and to reform the taxation system as applicable to the financial sector, which is currently causing distortions. For example, there is a 5% tax on bank savings products, while the surrender values of insurance policies are not taxed. According to the Ministry of Finance, this has led to a significant market in recent years in insurance products that are effectively fixed deposits with little or no real insurance element. The authorities note that measures have been taken since the release of the White Paper and that the 5% tax on bank savings has been eliminated starting with the tax year 2005. The White Paper recommends promoting further banking intermediation by reducing its cost, for example by lowering, in phases, the statutory cash reserve requirement for commercial banks, to bring it on par with that of the non-bank institutions. Other policy recommendations include accelerating the movement towards a market-based supervisory framework by strengthening corporate governance and risk management capabilities by benchmarking against international best practice, strengthening the consolidated supervision of financial conglomerates, and enhancing surveillance of the financial system to provide early warning signals of potential distress. Banking and related financial institutions At the end of 2004 there were six commercial banks with 120 branches operating in Trinidad and Tobago; four of the banks are either wholly or majority locally owned and two are wholly foreign owned. Commercial banks remain the single largest group of financial institution in terms of assets, but they have lost ground to the rest of the financial system during the period under review. Collectively, the six commercial banks held assets of TT$48.1billion (US$7.6 billion) in 2004, accounting for about 45% of the financial sector's total assets, down from about 50% in 1998. The three largest institutions held almost two thirds of the banking system's assets. Total deposits grew from TT$16.4 billion in 1999 to TT$25.5 billion in 2004, of which three quarters are in domestic currency and one quarter in foreign currency. Trinidad and Tobago has not made any GATS commitments with respect to any banking institutions. In this respect, the authorities note that, given the small size of its economy and its financial sector, Trinidad and Tobago decided to adopt a gradual approach to making commitments in the financial sector under the GATS. In light of this approach, the authorities decided that the needs of the country could be best served by first making a commitment in the reinsurance subsector. Moreover, the authorities consider that there are no substantial barriers to the entry of foreign financial institutions into the local financial sector, including banking services. Although in practice there seem to be no major restrictions to market access, the solidly established presence of domestic banks creates hurdles for new operators. The authorities consider that foreign bank penetration has proven difficult particularly because of the period of learning required, and the disadvantage of attracting customers from banks with already established brand names. While none of the commercial banks is likely to be large enough to exercise monopoly power, their relatively small number and lack of new entrants over many years may suggest a certain capacity for monopolistic pricing, as indicated by the high spreads between lending and deposit rates (see below). With regard to this issue, the authorities consider that the commercial banking sector has become more competitive over the last few years, with the potential for monopolistic pricing continuously receding. They also note that two new foreign commercial banks have entered the market: the Inter-Commercial Bank in 1998, and the First Caribbean International Bank in 2004 (licensed as a non-bank). No major change to the legislation governing banking has been introduced. The main legislative framework governing the banking sector is the Financial Institutions Act, 1993 (FIA), which also governs non-bank financial institutions. These institutions, as defined in the Act, comprise finance companies and merchant banks, and trust and mortgage financial companies. Several non-bank financial institutions have emerged, conducting business of a financial nature as licensed non-financial institutions. While commercial banks may engage in all types of financial activities, non-bank financial institutions can carry out only the businesses specified in their licence. Non-banking financial business activities are defined in the First Schedule to the FIA; they comprise nine different categories of activities each linked to a type of licence. These are: confirming house or acceptance house; finance house or company, leasing corporation; merchant bank; mortgage institution; trust company; union trust; credit card business; and financial services. The Central Bank is the regulator and supervisor of banks and other FIA licensees. The Central Bank examines licence applications for both commercial banks and non-bank financial institutions. Under the Financial Institutions Act 1993, foreign banks are required to be locally incorporated. Foreign bank branches are not allowed, but branches established by subsidiaries are permitted to conduct the same range of services offered by the subsidiary. The establishment by a licensee of a branch, a representative office or a subsidiary also requires prior approval of the CentralBank, as do changes in a non-bank financial institution's activities. Under the FIA, all financial institutions are required to have a minimum paid-up capital of TT$15 million to carry out financial business specified in the Act. A licence to carry on business of a financial nature may contain conditions. Licences are valid until they are revoked. There is an annual fee of TT$50,000 for banking licensees and of TT$20,000 for other institutions licensed to carry on business of a financial nature. Licensees must pay to the Central Bank an annual fee of TT$10,000 for each branch. The banking sector's prudential standards are specified in the Financial Institutions (Prudential Criteria) Regulations of 1994. The regulations set an 8% minimum capital adequacy ratio, with a recommendation of maintaining a ratio of 12% or more. Effective 30 September 2000, the Central Bank implemented an additional minimum capital charge (reserve) of 10% on the net foreign currency exposure of all licensed financial institutions. The purpose was to make capital provisions for the market risk embedded in this kind of operation. An FIA licensee may not grant unsecured credit facilities exceeding 5% of the sum of its capital base to a single customer; the granting of secured credit facilities to any single client is limited to 25% of the capital base; the limit is 32% in case of a borrower group. The FIA also establishes minimum accounting standards as well as criteria for analysing loan performance, asset classification, interest on non-performing loans, treatment of foreign exchange losses, dividend payments, loan provisioning, and disclosure requirements. The enforcement of these prudential standards is monitored by the Central Bank, which may issue cease and desist orders to licensees for conduct in breach of FIA provisions. Licensees may appeal a Central Bank decision to the Tax Appeal Board. During the period under review, the Central Bank has pursued a policy of lowering reserve requirements for commercial banks (Chapter I(2)(iii)), and of lowering interest rates (Chapter I and TableI.3). Despite the decline in interest rates, high interest rate spreads persist, although with steady reduction in the spreads within the commercial bank industry, from 9.43% at end 2002, to 7.23% in the fourth quarter of 2004. The authorities note that this decline resulted from the official policy of reducing the reserve requirements applicable to commercial banks in an effort to reduce intermediation costs. On the other hand, although still lower than for commercial banks, spreads for non-banking institutions have been increasing, mostly due to a faster decline in deposits than in loan rates. Assets and deposits in the banking sector have grown at an average annual rate of about 10% during the 1998-04 period. The proportion of net loans in the asset portfolio of banks has declined steadily, from 41.5% in 1999 to 36.6% in 2003. Meanwhile, investments grew from 17.9% of total assets in 1999 to 20% in 2003. The authorities note that, although banks have been gradually moving away from interest-earning activities towards fee income and investments, interest income remains the most significant source of operating income, accounting for 45% of the total, in 2003. Since the restructuring of three troubled banks in the mid 1990s, the banking system has been increasingly sound. Financial indicators for the banking sector suggest that banks are relatively well capitalized, with a deposit liabilities/share capital and statutory reserves ratio above 11% in 2003. The total qualifying capital/total risk-adjusted assets ratio was 20.7%, well in excess of the statutory minimum requirement of 8%, and also meeting the additional 10% capital charge for foreign exchange rate risk introduced in 2000 (Table IV.11). Moreover, the risk component has fallen, as the share of non-performing loans has declined to 1.6% in 2003, from 4.5% in 2000. Loan provisioning has been increasing and profitability and efficiency ratios have also reportedly increased. The authorities are in the process of revising a draft to update legislation on banking and other financial institutions (mid 2005). The objective is to finalize these amendments in 2005. The proposed legislation is expected to focus on enhancing the Central Bank's supervisory powers. Non-bank financial institutions have played an increasingly important role in the financial sector. In 2004, there were ten finance houses and merchant banks, and six trust and mortgage finance companies. Their total assets amounted to TT$16.8billion (US$2.7 billion) in 2003, up from TT$7.9billion in 1997. The participation of non-bank financial institutions in credit allocation and deposit-taking has increased during the period under review: in 2003, they granted 30.5% of gross loans, up from 26% in 1997, and managed 21% of the deposits in the banking system. Non-bank financial institutions have traditionally offered lower lending rates and higher deposit rates than commercial banks, and thus smaller interest rate spreads. However, although spreads continued to be lower for non-bank financial institutions in 2003, lending rates were on average, higher than for commercial banks. Table IV.11 Commercial bank performance indicators, 1999-03 (Per cent at end of period) 19992000200120022003Assets quality ratios (%)Gross loans/gross assets41.242.439.437.337.7Gross investments/gross assets17.617.816.020.619.1Non-performing loans (past due over 3 months)/gross loans4.64.53.13.51.6Loan loss provision/total gross loans3.12.83.03.83.7Liquidity ratios (%)Liquid funds/deposit liabilities29.725.231.625.828.6Liquid funds/total gross assets16.614.017.614.616.7Capital adequacy ratioDeposit liabilities/share capital and statutory reserves11.59.110.510.511.4Core capital/total risk-adjusted assets15.617.217.917.717.1Total qualifying capital/total risk-adjusted assets17.319.419.920.420.7 Source: Central Bank of Trinidad and Tobago. Insurance At the end of 2003, there were 46 companies registered to carry out insurance business in Trinidad and Tobago (43 in 1998): 15 were in the life insurance business, and 23 in the general insurance business; 8 companies were registered to write both life and non-life business and were thus considered composite companies. The top ten insurers control about 93% of the industry's assets. Insurance companies carry out two broad categories of insurance: long-term (life) and general insurance. In 2003, long-term gross premiums accounted for 75% of total gross premiums. Currently, no company is writing reinsurance business. The main insurance companies are organized in the Association of Trinidad and Tobago Insurance Companies (ATTIC). A tax of 6% is levied on general insurance premiums; however, no tax is applied on surrender values of insurance policies. At the end of 2003, the last year for which full data are available, gross premiums were valued at TT$5.39 billion (some US$855 million). Of this figure, TT$4.06 billion (US$645 million) corresponded to long-term insurance; TT$422.3 million (US$67 million) to motor vehicle insurance; TT$554.7 million (US$88 million) to property insurance; and TT$352 million (US$56 million) to other types of insurance. The penetration rate (premiums as a percentage of GDP), rose to 8.1% in 2003, up from 6.6% in 2002 and 4.8% in 2000. The main statute governing the insurance sector is the Insurance Act, 1980. It was amended most recently by Act No. 15, 2004 (The Insurance (Amendment) Act, 2004) to charge the Central Bank with the administration of the Act and the supervision of the insurance industry. Until then, insurance companies had been supervised by the Supervisor of Insurance at the Ministry of Finance. In December each year, the CBTT must furnish the Minister of Finance a report on the working of the Act during the year; the report is submitted to Parliament. Under Act No. 15, 2004, the registration of insurance companies and intermediaries is the responsibility of the Central Bank, previously, the Supervisor of Insurance at the Ministry of Finance was responsible. The principal criteria for approval include minimum capital requirements, which remain at TT$3 million for life insurance and TT$1million for non-life insurance, as well as assessment of insurance policies and financial health in terms of solvency (general insurance companies only). There is no minimum paid-up capital requirement for foreign companies, but they are required to deposit TT$250,000 to carry out long-term insurance business. All insurance companies (including foreign-owned), must hold at least 80% of their investment assets locally and must maintain a statutory fund. All insurers are required to arrange adequate reinsurance. In addition, life and motor insurers must maintain statutory funds to support policy-holders liability, and all general insurance business must maintain statutory deposits. The Central Bank assesses compliance with these statutory requirements. Neither the Insurance Act nor the Financial Institutions Act prohibit cross-ownership of financial institutions, but approval from the Central Bank is required. A bank may not acquire any part of the share of an insurance company in excess of 100% of its own capital base, and shareholding must not exceed 25% of the bank's paid-up share capital and statutory reserve. In recent years, cross-ownership in banking and insurance has been rising and, partly as a result of this, commercial banks and insurers are now offering products combining elements of long-term savings and insurance. Common ownership of banks and insurance companies has introduced the notion of "bancassurance" whereby commercial banks distribute life and pension products. Two institutions provide bancassurance services. Also, insurance companies tend to be part of larger holdings that encompass a broad range of activities, including non-financial activities. In this respect, the authorities note that the interrelationships within these corporate structures present a significant challenge for consolidated supervision and regulation. The authorities also consider that legislation in the insurance industry has not kept pace with changes in supervisory standards, and that, in particular, regulatory and supervisory systems are inadequate to address the current blurring of lines in the insurance industry with respect to the provision of services. Proposals to amend the legislation have been tabled in the White Paper for the reform of the financial system prepared by the Ministry of Finance. Foreign companies wishing to carry out insurance business in Trinidad and Tobago, must incorporate locally or appoint a resident of Trinidad and Tobago as the principal representative in the country. This requirement does not apply to companies from other CARICOM countries. In accordance with the Insurance Act, there are no restrictions on the purchase of insurance abroad by local residents, and there is no obligation for traders to buy freight insurance locally. Under current law, there is no restriction on advertising and sale of insurance products by foreign-based insurance and reinsurance companies. However, the authorities note that the Central Bank is proposing to amend the Insurance Act to include soliciting and sale of insurance products in Trinidad and Tobago as insurance business requiring persons to be licensed. Local brokers must be registered under Section 88 of the Insurance Act in order to transact business in Trinidad and Tobago. Like most financial institutions, general insurance companies are taxed on a corporation tax basis. Life insurance companies, however, are taxed at (a lower) 15% of their investment income, less investment-related expenses. This treatment extends to income from pension plans and approved deferred annuities. In the Uruguay Round negotiations, Trinidad and Tobago only bound commitments in the reinsurance sector. As noted above, no domestic firm provides reinsurance services in Trinidad and Tobago. Securities trading The Stock Exchange of Trinidad and Tobago was established under the Securities Industry Act of 1981. At the end of 2003, there were 40 companies listed on the Exchange, with a total market capitalization of TT$67.98 billion (US$10.8 billion) (Table IV.12). Market capitalization at the end of 2003 represented about 100% of GDP, compared with 65% in 1998. Five of the listed companies are commercial banks, six are non-banking finance companies, five are conglomerates, ten are manufacturing companies, two are property companies, five are trading companies, two are mutual fund market companies, two are second-tier market companies, and three are other types of company. Trading volume increased to 409.6million shares, valued at TT$2.3billion in 2003. Equities in the banking industry tend to be the most active in terms of volume and value, followed by conglomerates and the manufacturing sector. The Securities Industry Act, 1995 governs securities trading in Trinidad and Tobago. The Act stipulates the conditions for the issue and listing of securities on the stock exchange. The Act established the Securities and Exchange Commission (SEC), an independent regulatory body, and vested it with the authority to maintain surveillance over the securities market and ensure orderly, fair, and equitable dealings in securities. Issuers, underwriters, investment advisers, stockbrokers, and dealers, must register with the SEC, which regulates their activities. The SEC has quasi-judicial authority: it has been granted investigative and dispute settlement powers to enforce rules and regulations and to monitor the solvency of market players. It can recommend by-laws to the Minister. The SEC monitors activities in the primary and secondary markets, and has regulatory responsibility for the bond market; the Central Bank and the SEC provide joint supervision of mutual funds. To perform its supervisory functions, the SEC has the authority to formulate principles for the guidance of the securities industry and to review, approve, and regulate take-overs, amalgamations, and all forms of business combination. Table IV.12 Selected indicators of stock market activity, 1998-03 End of period19981999200020012002 2003No. of listed companies26 28 28 30 3032No. of transactions7,3693,1826,5726,6098,09216,690No. of shares traded (million)102.792.182.1122.296.4409.6Market value of shares traded (TT$ million)1,113.9735.2891.31,044.91,057.22,303.2Average daily No. of shares traded680,693493,396285,439836,853647,4092,786,561Market capitalization (TT$ million)24,984.027,513.529,332.631,767.648,099.267,979.6Composite index436.3417.5441.5434.2545.6694.1Market capitalization/GDP (%)6564575781100 Source: Central Bank of Trinidad and Tobago. The Stock Exchange regulates trading on the secondary market, as well as the activities of the Members of the Exchange, subject to the oversight of the SEC. The Stock Exchange is managed by an 11-member Board, which is responsible for setting policies, as well as for ensuring that the Exchange's member companies are financially and operationally able to fulfil their obligations. The Trinidad and Tobago Central Depository (TTCD) is a company established by the Stock Exchange to enable investors buying and selling securities on the Exchange to settle such transactions through a computerized book entry system. The TTCD receives securities for safekeeping. Other financial services The pension industry comprises private and public pension funds of varying structures. There are over 210 registered private occupational pension plans, with total assets estimated at some TT$20billion at the end of 2003, of which over 80% are held by self-administered plans. Some 85% of the investment portfolios of self-administered pension plans are invested locally. Private pension schemes consist mainly of private occupational pension plans sold by insurance companies, and individual annuity-type products sold by insurance companies, banks, and trust companies. Occupational pension plans and deferred annuity products issued by life insurance companies have been regulated by the Central Bank since 2004; prior to this, they were supervised by the Supervisor of Insurance at the Ministry of Finance. There are no particular restrictions on foreign participation in private funds, except the registration requirement. There are restrictions, however, with respect to the range of investment opportunities for pension funds registered in Trinidad and Tobago, in that a minimum of 80% of the pension fund assets must be invested domestically. Investments are further restricted in large measure to equities, real estate, certificates of deposit, and mortgages, and are subject to stipulated limits imposed by the Insurance Act. The limit on equity investment is set at a maximum of 50% of a fund's assets and 20% for real estate, with no single mortgage exceeding 10% of the fund value. Also, investment in ordinary and preferred shares is permitted only in Commonwealth and OECD countries; in other cases, Central Bank approval is required. The authorities consider that these quantitative restrictions may have led to a significant concentration of pension fund investment in Trinidad and Tobago, and have limited the ability of pension funds to reduce local market risks through international diversification. The authorities note that, in early 2005, the Central Bank was reviewing the Insurance Act and considering the phase-out of the statutory fund and its replacement with risk-based capital requirements. In addition, Central Bank guidelines, advocating a prudential approach to investment and lending, were issued in May 2005. Recognizing the need to modernize the pension industry, the Government has established a Pension Reform Committee mandated to develop a detailed plan for reform of the pension system. Although there is no specific regulatory structure for mutual funds; the regulatory framework currently in place is voluntary: the Central Bank has issued guidelines on mutual funds established by institutions licensed under the FIA, but these are not enforceable by law. Legislation to regulate the mutual funds industry is being prepared. The Unit Trust Corporation of Trinidad and Tobago Act, 1981 (UTC Act) sets out a number of rules to govern the operations of the UTC, but contains no guidelines on prudential standards or supervisory procedures, nor does it appoint an appropriate regulator. The UTC is exempt from corporation tax, in accordance with the UTC Act, providing it with an advantage over its competitors. The Government is considering the introduction of mutual funds legislation. There were 50 mutual funds registered with the SEC at the end of 2004, managing over TT$25 billion in funds. The UTC accounts for slightly less than half of the market, and is the largest player. There are 143 credit unions registered, of which 100 were actively conducting business at the end of 2003: assets were estimated to be in excess of TT$3.5 billion, with the eight largest credit unions accounting for 60%. The Cooperative Development Division of the Ministry of Labour and Small and Micro Enterprise Development is the primary regulatory body, but some regulatory activities are also undertaken by the Credit Union Supervisory Unit (CUSU), in the Ministry of Finance. A Credit Union Stabilization Fund is in place to ensure the security of shares and deposits. Credit union activity is governed by the Co-operatives Society Act, Chapter 81:03. Credit unions are exempt from corporate taxes. The majority of credit unions provide only two kinds of financial service: acceptance of savings, either in the form of shares or deposits; and provision of loans. Credit unions have played an important role in the mobilization of savings; they accounted for some 30% of total domestic savings in 2001, up from just 2% in the 1970s. However, there have been asset quality problems in some institutions, due to delinquency rates estimated to be as high as 20% in some instances; this has been linked partly to the absence of a strong supervisory authority and to the fact that credit unions are not obliged to provide audited financial statements. Moreover, most credit unions appear to have high operating costs: the authorities estimate that expenditure/income ratios are between 50% and 60% for most credit unions. Telecommunications The telecommunications sector accounted for some 3% of GDP in 2003. It has continued to develop during the period under review and is in the process of liberalization; the number of lines and services has increased and new legislation has been passed. The number of fixed lines in early 2005 was estimated at some 330,000, up from 208,000 in 1997; there were also some 630,000 cellular telephone customers, up from just 13,000 reported in Trinidad and Tobago's last Review, and some 150,000 Internet users. The legislation governing the industry is the Telecommunications Act, 2001, as amended by the Telecommunications (Amendment) Act, 2004, and promulgated completely only on 30 June 2004. The Telecommunications Act repealed previous legislation and started the liberalization of the industry. The Ministry of Public Administration and Information is responsible for policy formulation and development of the sector. The Telecommunications Authority of Trinidad and Tobago (TATT), established in 2002, but operational from July 2004, is by law the regulator; prior to its establishment, the subsector was regulated by the Regulated Industries Commission (RIC) and the Telecommunications Division. Policy on upgrading infrastructure and reducing rates and costs will be facilitated by the regulatory framework managed by TATT, and supported by the development of a national broadband strategy. This strategy is aimed at providing high-speed interconnectivity and access, and assisting the development of a dynamic information and communication technology (ICT) sector. Trinidad and Tobago has benefited from a US$990,000 grant from the IADB for the modernization of its telecommunications subsector, including the implementation of a National Information and Communications Technology (NICT) Plan, preparation of telecommunications regulations, and institutional strengthening. The NICT Plan was approved in 2003 and is being implemented. Provision of switched local and international telecommunications services remains in the hands of an exclusive service provider. The telecommunications system is operated by the Telecommunication Services of Trinidad and Tobago Limited (TSTT), 51% owned by the Government, and 49% by Cable and Wireless Ltd. In 1989, TSTT was granted an exclusive license for 20 years to provide both local and international telecommunication services. However, the Telecommunications Act, 2001 is expected to facilitate the introduction of competition starting 1July2005. TSTT is still the sole provider of fixed-line and mobile telecommunication services in Trinidad and Tobago. However, for mobile phone services, a bidding process for new licences has commenced, and five applications for the licences have been filed. The authorities note that, out of the five applications, two additional mobile service providers were expected to be awarded concessions at the end of the bidding process, targeted for the end of the second quarter 2005, with service starting before the end of 2005. In April 2005, TSTT was already facing competition in paging, trunked radio, and value-added services. There are also seven Internet service providers. Trinidad and Tobago participated and made an offer in the ϲʹ extended negotiations on telecommunication services, making commitments on all four modes of supply for voice telephony, packet- and circuit-switched data transmission, telex and telegraph, private-leased circuit services for public use, and a number of other services (Table AIV.1). The authorities note that Trinidad and Tobago's commitments were incorporated into the Telecommunications Act 2001. Under Trinidad and Tobago's GATS commitments, commercial presence is reserved to an exclusive supplier until 2010, after which there should be no limitations. Also, for cross-border supply, bypass of the exclusive public operator's network is not permitted until 2010. Market access for Internet and Internet access services was left unconfirmed, subject to negotiation with the exclusive provider. For mobile services, commercial presence was bound without restrictions in the case of public use, but for non-public use, commercial presence was bound with a reservation for services provided through satellite network; the reservation ended in 2000. Trinidad and Tobago also adopted the Reference Paper on Telecommunication Services. The Telecommunications Act, 2001 (Act No. 4 of 2001), as amended by the Telecommunications (Amendment) Act, 2004 (Act No. 17 of 2004), is aimed at transforming the industry from a virtual monopoly in which TSTT is the principal provider of telecommunications services, to a competitive environment. The Act was completely promulgated in 30 June 2004, when the TATT was operationalized, after being established in 2002, and the Trinidad and Tobago Telephone Act was repealed. However, the market may only be completely liberalized as from 1July2005, since the Telecommunications Act allows for all rights and obligations under the Telephone Act, which include the exclusive licence to TSTT, to remain in force for one year after the entry into effect of the Telecommunications Act. This period may be extended for an additional year if so determined by the Minister responsible for telecommunications, upon advice of the TATT, or until TSTT, is granted a concession, whichever is earlier. No regulations have been issued with respect to the implementation of the Act; the authorities note that a comprehensive new regulatory framework is being drafted (May 2005). Meanwhile, as per section 85 of the Telecommunications Act, the Wireless Telegraphy Ordinance, 1936 regulations, remain in force. The TATT is mandated to create an environment for sustainable competition, investment opportunities, and orderly development in the telecommunications and broadcasting sectors. It is also responsible for planning, regulating and managing the use of the radio frequency spectrum; promoting and protecting the interests of the consumer; testing and certifying telecommunications equipment; and promoting universal access to telecommunications services. Operation of a public telecommunications network, or provision of a public telecommunications or broadcasting service, requires a concession by the TATT. Use of the spectrum requires a licence. Neither the Telecommunications Act nor the regulations in force set restrictions or conditions for the granting of a licence/concession, or limit their number However, the new regulations may include some conditions. No distinction is made between foreign and domestically owned service providers. Frequency bands may be licensed by auction, tender, at a fixed price, or on stated criteria. Applications for concessions or licenses are published in the Gazette and open to public comments or objections. Concessions and licences contain expiry dates and are subject to annual fees. The transfer of control of the concession requires prior written approval from the TATT. The TATT may determine that an operator or provider is dominant where, individually or jointly with others, it enjoys a position of economic strength affording it the power to behave independently of competitors. Concessionaries must permit the resale of their telecommunications services and must provide and contribute to universal service. The public telecommunications services for which the requirement of universal service will apply are to be determined by the TATT, through regulations to be developed; and must include, at a minimum, a quality public telephone service. The funding of this universal service is also to be determined by the TATT, as well as the obligations, if any, of the providers and users of the service. A policy with respect to universal service is yet to be defined: in February 2005, the TATT invited proposals for the development of a Telecommunications Universality Policy, Strategy and Plan for Trinidad and Tobago, from organizations with prior experience in conducting research and statistical surveys relating to the telecommunications sector. The regulatory framework for interconnection and valued-added services is not yet in place. Under the Telecommunications Act, licences issued under the Wireless Telegraphy Ordinance and in force at the commencement of the Act (1 July 2004) remain in force in principle for one year but no more than two years thereafter, as the Minister with responsibility for telecommunications may determine, upon the advice and recommendation of the TATT. While TSTT remains the dominant supplier, its tariffs will be subject to oversight by the TATT, once the necessary price regulations have been approved. Previously, prices were set under the Telephone (Amendment) Act No. 22, 1990, at a maximum rate of return of 15%, the RIC regulated prices between 2001 and 2004. In April 2004, the RIC determined that between 1999 and 2003, TSTT had obtained a rate of return consistently above 15%, and advised TSTT to adopt measures to correct this. The RIC also suggested that TSTT reduce its international tariffs. As a result of the suggestions, TSTT seems to have introduced some lower rate plans, including for international calls. In accordance with the Telecommunications Act, 2001, prices for telecommunications services, except those regulated by the TATT, are to be determined by providers in accordance with the principles of supply and demand in the market. The TATT is authorized to establish price regulation regimes, which may include setting, reviewing, and approving prices, in cases where: there is only one concessionary for a service, or where one concessionary has a dominant position in the relevant market; a sole or dominant concessionary operating a public telecommunications network or providing a public telecommunications service cross-subsidizes another telecommunications service; or the TATT detects anti-competitive pricing or acts of unfair competition. The regulation of prices is to be done by publishing pricing rules and principles. For telecommunications services provided on an exclusive basis by a concessionary, the TATT will establish the maximum rate of return allowed on the investment or prescribe the use of any other measures for determining the concessionaire's profitability, as it deems appropriate; this is in line with previous practice. For any public telecommunications service in which there is competition, but a dominant provider, the TATT may regulate the prices of the dominant provider by establishing price caps and floors, or by other methods. Prices of telecommunication services are high by international standards, especially for businesses. As reflected in a study by the Ministry of Public Administration and Information, business telephone monthly subscription was US$28 in 2003, compared with US$16 in Jamaica and US$6 in Costa Rica. Maritime transport and ports Maritime transport is of considerable importance for Trinidad and Tobago. Its energy export sector is large, and its geographical location, just 15 km. off the coast of Venezuela, makes its ports convenient as container trans-shipment centres between North America/Europe and South America. The rapid growth in the trans-shipment business has reportedly benefited importers and exporters, since it has attracted larger vessels and more shipping lines, leading to lower unit costs of containers and freight rates, and helping to meet orders in a timely manner. Trinidad and Tobago's merchant marine is composed of 13 ships of 1,000 gross tonnes (gt) or over, with a total of 21,829 gt. There are three major sea ports in Trinidad and Tobago: Port of Spain and Point Lisas in Trinidad, and Scarborough in Tobago. The ports of Port of Spain and Scarborough are owned and administered by the Port Authority of Trinidad and Tobago (PATT), which is responsible for managing ports, and providing cargo-handling, towage, and inter-island ferry services. Port of Spain, the country's largest port, handles all major dry cargoes, containers and general cargo, break bulk cargo, liquid bulk cargo and passenger traffic, and in recent years it has increasingly become a major regional hub for trans-shipment. The second largest port, Point Lisas, is managed by the Point Lisas Port Development Company (PLIPDECO), a Government-controlled company which also manages the Point Lisas Industrial Estate. Point Lisas is a multi-purpose port. It has specialized installations for loading industrial cargo. These are owned by the National Energy Corporation of Trinidad and Tobago (NEC). There is also infrastructure for the handling of containers and general cargo, which are owned and operated by PLIPDECO. Scarborough, is used mainly for inter-island passenger and cargo transport, and international cruise ships. Transportation policy formulation and implementation is the responsibility of the Ministry of Works and Transportation. The Merchant Marine Industry Team, set up in 2004 under the Ministry of Trade and Industry, and comprising public and private sector representatives, is in charge of developing and implementing a strategic plan for the long-term development of the merchant marine industry. Port administration is the responsibility of the Port Authority of Trinidad and Tobago (PATT), a wholly-owned state enterprise established by the Port Authority Act, 1961. Inter-island routes between Trinidad and Tobago are operated by the PATT on behalf of the Government of Trinidad and Tobago. Any other operator would be required to obtain an operating permit in accordance with Part 3 of the Shipping (Passenger Ferry) Regulations 1994. Vessels engaging in coastal trade between the islands of Trinidad and Tobago are required to have a Certificate of Droghers on fulfilment of safety, environmental, and financial responsibility guidelines. The Shipping Act, 1987 governs the registration and licensing of ships. The Maritime Services Division in the Ministry of Works and Transportation administers and enforces all the provisions of the Act and other maritime national legislation. The Shipping Act imposes limitations on the registration of ships: they must be owned by nationals of Trinidad and Tobago or other CARICOM member States, or by foreigners engaged in bareboat charters or in joint venture shipping arrangements with Trinidad and Tobago nationals. Domestic ship owners are not required to fly the national flag. As at 31 December 2004, there were 145 ships on the Trinidad and Tobago register with a gross tonnage of 60,767 gt. The PATT exercises regulatory functions with respect to port activities. The Government is seeking to restructure the PATT and to commercialize operations. This is being done through the setting up of separate business units for each of the services currently being provided by the PATT, with the aim of creating greater efficiency and accountability in the provision of these services. Authorization from the PATT is required to discharge and load general cargo and to supply other port services at any port in the country, other than Point Lisas, where authorization from PLIPDECO is required. The rates charged by the PATT for port services are set out in the regulations of the Port Authority Act Chapter 51:01 (Legal Notice No. 203- The Port Authority (Tariff) Regulations, 1994). The authorities indicate that Trinidad and Tobago has no restrictions on foreign suppliers of auxiliary port services. Trinidad and Tobago has been a member of the International Maritime Organization (IMO) since 1965 and has ratified a number of its conventions, dealing mainly with safety, security, and pollution issues. Trinidad and Tobago is a signatory to the United Nations Code of Conduct on Liner Conferences Convention, which it ratified in 1983. The authorities note that there are currently no arrangements to set uniform rates because of the legal framework under which the PATT operates; however, the new entities that will replace the PATT will operate in an environment that will allow for the establishment of uniform rates and other agreements. Similarly there are no cargo-sharing agreements and no national shipping line. In 2004, Trinidad and Tobago implemented the new International Ship and Port Facility Security (ISPS) Code. The Trinidad and Tobago Coast Guard is the Designated Authority under the ISPS Code to ensure that port facilities comply with its provisions. The 29 port facilities identified by the Designated Authority as having complied with the Code were certified ISPS-compliant on 1July2004. The Maritime Services Division of the Ministry of Works and Transport is responsible for ensuring that ships comply with the Code. Trinidad and Tobago made a number of commitments on maritime transport services under the GATS, including: no limitations on any of the four modes of supply regarding dry docking/ship repairs, boat building and ship management/freight and transportation; no limitations on navigation aid and communications/meteorological services (for maritime purposes); and no limitations on commercial presence and presence of natural persons for ship surveys, subject to registration and certification requirements. Civil aviation and airports There are two international airports in Trinidad and Tobago, the Piarco International Airport in Trinidad and the Crown Point International Airport in Tobago; both are owned and managed by the Government-controlled Airports Authority of Trinidad and Tobago. Passenger numbers per year through Trinidad and Tobago airports increased from 2 million in 1999 to over 3 million in 2004. The Piarco International Airport has been upgraded and modernized since Trinidad and Tobago's last Review, including the construction of a new terminal and facilities at an estimated cost of US$80million. Landing fees in Piarco are US$3.50 per 1,000kgs. or part thereof; in Crown Point there is a minimum fee of US$12 per landing. There are two domestic airlines, BWIA and Tobago Express. BWIA was 51% privately owned but in July 2004 the Government regained control of the company. Like other airlines, BWIA was affected by the aftermath of the 11 September 2001 attacks, posting a loss of US$28.9 million in 2002. To aid the airline, the Government committed a loan of US$13 million, and BWIA implemented a restructuring plan to reduce costs, which led to the separation of over 20% of the work force, and the outsourcing of BWIA ramp and duty-free operations, and part of its maintenance operations. The Ministry of Works and Transportation is ultimately responsible for policy formulation and implementation for air transport. The Civil Aviation Act, 2001 (Act No. 11 of 2001), which repealed the Colonial Civil Aviation (Application of Act) Order, 1952, regulates all civil aviation activities and provides for the establishment of the Trinidad and Tobago Civil Aviation Authority. The functions of the Authority include: (a) regulating civil aviation operations in the Trinidad and Tobago territory, as well as the operation of maintenance organizations in respect of aircraft on the Trinidad and Tobago register; (b) issuing, renewing, and amending civil aviation licences and collecting the respective fees; and (c) providing a system of air traffic services. The Authority is also responsible for aviation safety and security, and for maintaining a national aircraft registry; it is managed by a Board of eight members nominated by the President. The authorities indicate that fees have been determined on a historical basis; but that Trinidad and Tobago is in the process of developing fees based on cost recovery considerations following international guidelines. In accordance with ActNo.17, 2003, the Authority is exempt from all taxes. Cabotage restrictions apply for non-CARICOM airlines, both for cargo and passenger transportation. The activities of air operators are regulated by the Civil Aviation (No. 3) Air Operator Certification and Administration Regulations, 2004. Regulations for the participation of foreign operators are contained in the Civil Aviation (No. 10) Foreign Operators Regulations, 2004. Air operators who do not hold an Air Operator Certificate issued by the Authority must obtain a Foreign Air Operator Operations Specification for which the operator must provide a copy of a valid air operator certificate issued by a foreign authority, and must have presented an Air Operator Security Programme for approval, as mandated by the Civil Aviation (No. 8) Security Regulations, 2004. Operations specifications contain details of the purpose of the issuance, the duration, and may have limitations attached to them. The award of tenders and contracts for the purchase of goods and services by the Authority is regulated by the Authority's Tender Committee, in accordance with the Civil Aviation (Tenders Committee) Rules, 2004. The rules (Article 29) specify that contracts may not be awarded to non-residents, foreign companies or partnerships without prior written approval from the Minister. The authorities indicate that this is for monitoring purposes. Since 2001, the registration of aircraft, previously handled by the Civil Aviation Division within the Ministry of Works and Transport, has been the responsibility of the Authority, which issues aircraft operating certificates. Aircraft registered abroad and holding operating certificates need clearance from the Authority. Airports are regulated by the Airports Authority Act, Chapter 49:02, and the Civil Aviation (No. 12) Aerodrome Licensing Regulations, 2004. All aerodromes, including airports, must obtain a licence to operate, and must be registered in the Aerodrome Register; licences are for one year. Licences may have conditions attached. Applicants must meet the safety and financial conditions spelled out in the Regulations; there are no restrictions for foreigners. Airports may only be built and owned by the Government and operated by the Airports Authority. Companies engaging in maintenance activities require an approved maintenance organization certificate, in accordance with the Civil Aviation (No. 6) Approved Maintenance Organization Regulations, 2004. Air cargo handling services are in the hands of private sector companies, both foreign and domestic. The main cargo handlers at Piarco International Airport are BWIA Cargo, Amerijet, and Piarco Air Services. Airline facilities and repair services are open to foreigners; following the restructuring of BWIA they are provided by outside operators, including foreign ones. The CARICOM Multilateral Air Services Agreement allows CARICOM-designated air carriers to offer all types of air services within the community. The agreement also establishes guidelines on competition, fares, and security. Trinidad and Tobago has bilateral air services agreements with 17 countries. None of these is an open skies agreement. Additionally, Trinidad and Tobago has memoranda of understanding with a number of countries. Tourism Although in percentage terms its direct contribution to GDP remains small compared with other CARICOM countries, tourism is one of the activities identified in the Vision 2020 as having considerable growth potential. Tourism accounted directly for 2.2% of GDP and 2.4% of total employment in 2003, while its indirect impact has been estimated at 10.4% of GDP, and 10% of employment for the same year. The authorities note that travel and tourism accounted for 2.6% of total direct employment in 2004, whilst the indirect impact was estimated at 10.8% of employment for the same year. Tourist arrivals increased from 334,037 in 1998, to 441,242 in 2004. In 2003, about a third of total arrivals were from the United States, followed by other Caribbean countries (25%), the UnitedKingdom (13.5%), and Canada (11.5%). The number of arrivals declined moderately in 2001 and remained stationary in 2002, following the 11 September 2001 events, before resuming growth in 2003; however, the number of cruise arrivals declined from 60,047 in 2002 to 55,532 in 2003, and to 49,719 in 2004. Total expenditure by tourists reached TT$1.31 billion in 2003, down from TT$1.35billion in 2002. The number of rooms available increased from 3,971 in 1998, to 5,943 in 2003; 3,415 of these are in Tobago. Occupancy rates also increased, from 54.1% in 1998 to 70% in 2003. Tourism policy formulation and implementation is the ultimate responsibility of the Ministry of Tourism, as established in March 1994. The Tourism and Industrial Development Company of Trinidad and Tobago (TIDCO) was responsible, until mid 2005, for the overall coordination and marketing of Trinidad and Tobago as an international tourist destination, as well as the promotion of investment opportunities and private sector participation. TIDCO was given these responsibilities by Act No. 4 of 1995, by which it absorbed the assets, liabilities and responsibilities of the Industrial Development Corporation, the Export Development Corporation, and the Tourism Development Authority. In 2005, tourism-based operations were removed from TIDCO and a separate Tourism Development Corporation (TDC) was established to handle tourism investment and marketing. The Tourism Development Act, 2000 (Act No. 9 of 2000) provides incentives for investment in the tourism sector. The Act repealed the Hotel Development Act, which provided incentives only for hotel activities, and extended investment incentives to a wide range of activities in the tourism industry (approved tourism projects). The Act provides incentives for approved tourism projects, including: (a) a tax exemption not exceeding seven years in respect of the gains or profits from the approved tourism project; (b) a tax exemption in respect of the gains or profits derived from the initial sale of a villa or condominium or a site that is part of an integrated resort development which is an approved tourism project. An approved tourism project may also be granted a carry-over of any loss arising out of the operation or renting of an approved tourism project and a tax exemption in respect of interest received on an approved loan used for an approved tourism project during the tax holiday period. Beneficiaries may also apply for a licence to import vehicles required for the implementation of their approved projects at a preferential customs duty rate of 10%. The authorities note that the Act is being amended to extend its benefits as at April 2005. Customs and excise duty exemptions are also granted, under Part 3 of the Tourism Development Act, on building materials and articles of hotel equipment used in connection with a tourism project; for domestic purchases, companies may benefit from a drawback of customs duties or excise duties for building materials and articles of equipment that were not already duty free (theVAT is still payable). To be eligible for the incentives, any hotel project must have a minimum of ten guestrooms; approval depends on the amount of capital invested, the financial risk assumed, the contribution made or likely to be made to the sustainable development of the tourism industry, and the achievement of national tourism objectives. Tourism projects seeking to access benefits under the Act must be registered with TIDCO/TDC if the project is in Trinidad, or with the Tobago House of Assembly if the project is in Tobago; they are subject to annual inspection. Tourism incentives are open to Trinidad and Tobago other CARICOM nationals, and to foreigners except in the case of accommodation facilities under 21 rooms, transport services, and ground tour operations or destination management companies, for which incentives are reserved solely for nationals. Trinidad and Tobago made full commitments under the GATS with respect to the construction of hotels and resorts, hotel management, and partial commitments for tour operators (Table AIV.1). REFERENCES Central Bank of Trinidad and Tobago (2001), Annual Report 2000. Available at: http://www.central-bank.org.tt/about/finances/annual_report00.pdf. Central Bank of Trinidad and Tobago (2004a), Annual Economic Survey, 2003. Available at: http://www.central-bank.org.tt/rnd/statistics/data/aes2003.pdf. Central Bank of Trinidad and Tobago (2004b), Monetary Policy Report, Volume IV, Number 2. Available at: http://www.central-bank.org.tt/monetarypolicy/monetary_report/mpr_oct04.pdf. Development Finance Caribbean Limited (2004), Annual Report 2003. Available at: http://www. dflcaribbean.com/2003AnnualReport/02-03.pdf. EXIMBANK (2004), Annual Report 2003. Available at: http://www.eximbanktt.com/ annualreport.pdf. International Maritime Organization (undated), "Status of Convention by Country". Available at: http://www.imo.org/includes/blastDataOnly.asp/data_id%3D11165/status.xls. International Monetary Fund (1997), Trinidad and Tobago: Selected Issues, IMF Staff Country Report No. 97/41, Washington, D.C. International Monetary Fund (2005a), Trinidad and Tobago: 2004 Article IV Consultation-Staff Report; Staff Statement; Public Information Notice on the Executive Board Discussion; and Statement by the Executive Director for Trinidad and Tobago, IMF Country Report No. 05/4, January, Washington, D.C. International Monetary Fund (2005b), Trinidad and Tobago: Selected Issues, IMF Country Report No. 05/6, January, Washington D.C. Latin American Energy Organization (2003), Energy Economic Information System: Energy Statistics, Quito. Available at: http://www.olade.org.ec/documentos/Plegable.pdf. McGuire, Gregory (2003), "Understanding Natural Gas Prices", GASCO News: The Corporate Journal of the National Gas Company of Trinidad and Tobago Limited, Vol. 16, No. 2, October. Ministry of Agriculture, Land, and Marine Resources (2001), Sector Policy for Food Production and Marine Resources, 2001-2005, May. Available at: http://www.agriculture.gov.tt/documentlibrary/ downloads/41/Sector_Policy_Statement.pdf. Ministry of Energy and Energy Industries (2004), Bid Round 2003 News Advisory, 7 May. Available at: http://www.energy.gov.tt/applicationloader.asp?app=articles&id=536. Ministry of Finance (2002), State Enterprises. Performance Monitoring Manual, April, Port of Spain. Ministry of Finance (2003), 2004 Budget Speech of Prime Minister Patrick Manning, Port of Spain. Ministry of Finance (2004a), Budget Statement 2005, October, Port of Spain. Ministry of Finance (2004b), Reform of the Financial System of Trinidad and Tobago: A White Paper, June, Port of Spain. Ministry of Finance (2004c), Reform of Governments Procurement Regime, A Green Paper, June, Port of Spain. Ministry of Finance (2004d), Social and Economic Policy Framework 2005-2007, October, Port of Spain. Ministry of Finance (2005a), Review of the Economy 2004, Port of Spain. Ministry of Finance (2005b), "State Enterprise extract from the 2005 Public Sector Investment Programme". Available at: http://www.finance.gov.tt/documentlibrary/downloads/14/SE%20extract %20from%20PSIP%202005.pdf. Ministry of Public Administration and Information (2003), National Information & Communication Technology (ICT) Plan Benchmarking Study, Trinidad and Tobago versus Selected Comparator Countries, 30 September. Available at: http://www.nict.gov.tt/downloads/National_ICT_ enchmarking_Study-Full_Report.pdf. Ministry of Trade and Industry (2004), Attainment Of Developed Country Status By Year 2020. Available at: http://www.tradeind.gov.tt/. TIDCO (2003a), A Guide to Investing in Trinidad and Tobago, Port of Spain. TIDCO (2003b), Key Tourism statistics 2003, Port of Spain. United States International Trade Commission (2003), The Impact of the Caribbean Basin Economic Recovery Act, Sixteenth Report, 2001-2002, Investigation No. 332/227, September. Available at: http://hotdocs.usitc.gov/docs/pubs/332/pub3636/pub3636.pdf#page=119. United States Trade Representative (2002), Fourth Report to Congress on the Operation of the Caribbean Basin Economic Recovery Act, 31 December 2001. Available at: http://www.ustr.gov/ reports/2002cbi-final.pdf. University of the West Indies and Ministry of Agriculture, Land and Marine Resources (2004), "Agriculture in Trinidad and Tobago The Ministry's Strategic Plan 2005-2010", Final Report: Strategic Intervention for the Ministry of Agriculture, Land and Marine Resources, 10 September. Available at: http://www.agriculture.gov.tt/applicationloader.asp=articles&id=1156. ϲʹ (2002), Trade Policy Review: Venezuela, Geneva. ϲʹ (2004), Trade Policy Review: United States, Geneva. ϲʹ (2005), Trade Policy Review: Jamaica, Geneva.  Ministry of Agriculture, Land, and Marine Resources (2001).  USTR Press Release P2004-63, 23July 2004. Available at: http://www.ustr.gov/assets/Document_ Library/Press_Releases/2004/July/ asset_upload_file743_5603.pdf.  IMF (2005).  University of the West Indies and Ministry of Agriculture, Land and Marine Resources (2004).  ϲʹ document G/AG/N/TTO/5, 20 September 2004.  The hydrocarbons sector is presented in national statistics as the "petroleum sector", which is defined in Trinidad and Tobago's national accounts as consisting of: the exploration and production of petroleum and natural gas; the refining, marketing, and distribution of petroleum products; petroleum-related services; petrochemicals; and asphalt. Including distribution services related to petroleum activities, the share of GDP increases to close to 40% (International Monetary Fund, 2005b).  International Monetary Fund (2005b).  Pitch Lake at La Brea contains the world's largest source of natural asphalt. U.S. Library of Congress Country Studies, Trinidad and Tobago Industry. Available at: http://www.country-studies.com/caribbean-islands/trinidad-and-tobago---industry.html.  PETROTRIN online information. Available at: http://www.petrotrin.com/AboutUs/DEFAULT_ AboutUs.htm#The%20Advantage.  Ministry of Energy and Energy Industries online information. Available at: http://www.energy. gov.tt/applicationloader.asp?app=articles&id=554.  TIDCO (2003), page 36.  The joint-venture partners are: Train 1: BPTT, 34%; British Gas, 26%; Repsol, 20%; Tractebel, 10%; National Gas Company of T&T, 10%; Trains 2 and 3: BPTT - 42.5%, British Gas, 32.5%, Repsol, 25%.  PLIPDECO is 43% owned by the Government and 8% by CARONI; the remaining are shares traded on the stock exchange.  Ministry of Energy and Energy Industries online information. Available at: http://www.energy. gov.tt/applicationloader.asp?app=articles&id=588.  The Petroleum (Amendment), Regulations, 2001.  Ministry of Energy and Energy Industries (2004).  IMF (2005b).  Ministry of Energy and Energy Industries, Industry Focus: Legislation. Available at: http://www. energy.gov.tt/applicationloader.asp?app=articles&id=603.  McGuire (2003).  Trinidad and Tobago Electricity Commission online information. Available at: http://www.ttec. co.tt/elecservices/tariffs/default.htm.  Regulated Industries Commission (2005), Profile. Available at: http://216.247.67.112/home/about/ default.html.  Trinidad and Tobago Electricity Commission online information. Available at: http://www.ttec.co. tt/.  Latin American Energy Organization (2003).  The fuel charge is changed based on variations of the price of natural gas over a certain amount used. For every one cent change from the base price of 218.9 cents in the average gross price per MMBTU (million BTUs, or British Thermal Units) of fuel used in a month, the fuel charge per kWh will increase or decrease by 0.0154 cents.  GATS/SC/86, 15 April 1994, GATS/SC/86/Suppl.1, 11 April 1997.  GATS/SC/86, 15 April 1994.  ϲʹ document GATS/SC/86, 15 April 1994.  ϲʹ document TN/S/O/TTO, 21 June 2005.  Revised Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy.  Employment figures are for February 2004 and have been estimated from the Ministry of Finance (2005), Appendix 8.  Ministry of Finance (2004b).  Ministry of Finance (2004b).  The six commercial banks are: Citibank (Trinidad and Tobago) Ltd; First Citizens Bank Ltd; Intercommercial Bank Ltd; Republic Bank Ltd; RBTT Bank Ltd; and Scotiabank Trinidad and Tobago Ltd.  Ministry of Finance (2004b).  International Monetary Fund (1997).  Central Bank (2001).  Ministry of Finance (2004b), Table 2.4.  See, for example COLFIRE online information. Available at: http://www.colfire.com/aboutus/ companydirectory/.  Ministry of Finance (2004b).  Ministry of Finance (2004b).  Some of the proposed changes include: introducing risk-based capital adequacy requirements and increasing corporate governance; enhancing prudential requirements; improving reporting standards and access to information; and enhancing supervision within a more comprehensive legislative framework. Ministry of Finance (2004b).  Trinidad and Tobago Stock Exchange, Security Listing by Sector. Available at: http://www.stockex. co.tt/stockex/listings/securities.aspx.  Trinidad and Tobago Stock Exchange online information. Available at: http://stockex.co.tt.  Trinidad and Tobago Securities and Exchange Commission online information. Available at: http://www.ttsec.gov.tt/role.htm.  Trinidad and Tobago Stock Exchange online information. Available at: http://www.stockex.co.tt/ stockex/about/profile.aspx.  Ministry of Finance (2004b).  Ministry of Finance (2004b).  Ministry of Finance (2004b).  Prestige Business Publications (2004-05), Who's Who in Trinidad and Tobago Business. Telecommunications, Information Technology and Computers. Available at: http://www.whoswhotnt.com /industry.asp?iid=14.  Ministry of Public Administration and Information NICT Plan. Available at: http://www.nict.gov.tt/ default.asp.  Operating licences are called concessions under the Telecommunications Act.  ϲʹ document GATS/SC/86/Suppl.1, 11 April 1997.  Telecommunications Authority of Trinidad and Tobago online information. Available at: http://www.tatt.org.tt/role.htm.  Regulated Industries Commission, RIC Reviews Telephone Sector. Available at: http://www.ric. org.tt/home/news/telephone%20sector%20review.jpg.  Telecommunications Services of Trinidad and Tobago Rates Plan. Available at: http://www.tstt. net.tt/index.cfm?p=http://www.tstt.net.tt/mobile/rates.cfm.  Ministry of Public Administration and Information (2003).  Statement by the General Manager of the Shipping Association. Available at: http://www. whoswhotnt.com/industry.asp?iid=13.  PLIPDECO is 51% owned by the Government and 49% by individuals.  Port Authority of Trinidad and Tobago online information. Available at: http://www.patnt.com/.  Ministry of Finance (2005b).  International Maritime Organization (undated).  ϲʹ document GATS/SC/86, 15 April 1994.  Civil Aviation Authority online information. Available at: http://www.caa.gov.tt/.  Foreign operator is defined by the Regulations to mean an operator, not being a Trinidad and Tobago air operator, who engaged in commercial air transport operations within the airspace of Trinidad and Tobago. When the CSME is fully implemented, the definition of foreign will exclude other CARICOM nationals.  Trinidad and Tobago has bilateral aviation agreements with: Aruba, Antigua and Barbuda, Barbados, Belgium, Canada, Cuba, Denmark, France, Jamaica, the Netherlands, Poland, St. Lucia, St. Kitts and Nevis, Sweden, Switzerland, the United Kingdom, the United States.  $ +  & - 9 A ! 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