A:\Agreement-T&I Venez.wpd

AGREEMENT BETWEEN THE CARIBBEAN COMMUNITY (CARICOM)

AND THE GOVERNMENT OF THE REPUBLIC OF VENEZUELA

ON TRADE AND INVESTMENT

The Caribbean Community and the Government of the Republic of Venezuela (hereinafter together

called “the Parties”):

RECALLING the “Principles for a Multilateral Agreement between the Caribbean Community and

Venezuela” which was signed between them at Basseterre, St. Kitts and Nevis on the 1

day of July,

1991;

AWARE of the necessity of accelerating the Caribbean and Latin America integration process and

the significance accorded by the Parties to the various sub-regional integration processes, as a means

of achieving greater international competitiveness of the Region and of facilitating their full

development;

TAKING INTO ACCOUNT the different levels of economic development between Venezuela and

the Member States of CARICOM;

CONSIDERING the desirability of developing a more dynamic and balanced commercial and

economic relationship between them;

CONSIDERING the advantage of formulating clear and accurate guidelines that permit their

different economic entities greater involvement in the economic development of Venezuela and the

Member States of CARICOM;

HAVING regard to the rights and obligations of the Member States of the Caribbean Community

(CARICOM) under the Treaty establishing the Caribbean Community and the rights and obligations

of Venezuela in the Cartagena Accord (Andean Group) and the Latin American Integration

Association (ALADI), as well as the rights and obligations of Venezuela and those Member States

of the Caribbean Community which are parties to the General Agreement on Tariffs and Trade

(GATT);

DECIDING to establish closer trade and investment relations between them;

AGREE to implement the following:

Article 1

OBJECTIVE

The fundamental objective of this Agreement shall be to strengthen the economic and trade relations

between the Parties through:

(a) the promotion and expansion of the sale of goods originating in CARICOM through, inter

alia, one-way duty-free access to the Venezuelan market;

(b) the stimulation of investments aimed at taking advantage of the markets of the Parties and

strengthening their competitiveness in world trade;

(d) the encouragement of mechanisms for the promotion and protection of investments by

nationals of the Parties.

Article 2

THE JOINT COUNCIL

1. The CARICOM/Venezuela Joint Council on Trade and Investment (The Joint Council)

established by the Principles for a Multilateral Agreement between Venezuela and CARICOM shall

be responsible for the administration of this Agreement.

2. The Joint Council consists of representatives of Venezuela and CARICOM.

3. The functions of the Joint Council shall be:

(a) the ensure compliance by the Parties with the provisions of this Agreement;

(b) to resolve any problems which may arise out of the application of this Agreement;

Agreement and recommend measures it considers suitable to better achieve the

objective of this Agreement;

(d) to carry out any other functions which may be assigned to it by the Parties.

4. The decisions of the Joint Council shall have the status of recommendations to the Parties

to this Agreement.

Article 3

MEETINGS OF THE JOINT COUNCIL

1. The Joint Council shall meet at least annually at such time as may be agreed between the

Parties.

2. The meetings of the Joint Council shall be chaired jointly by the Parties.

3. Meetings of the Joint Council shall be held alternately in Venezuela and a Member State of

CARICOM or such other place as may be agreed between Venezuela and CARICOM.

4. The Agenda for each meeting of the Joint Council shall be settled by the Parties at least one

month before each proposed meeting.

5. The Council may regulate its own procedures and may establish subsidiary bodies to assist

it in the execution of its functions.

Article 4

LIBERALISATION PROGRAMME

1. Venezuela agrees to grant products originating in Member States of the Caribbean

Community (CARICOM) free access to its market by means of the implementation of programmes

of tariff reduction and the elimination of non-tariff barriers. To this end:

A. the CARICOM Exportable Offer will have the following treatment:

(i) immediate duty-free access for products set out in Annex I;

(ii) phased reduction of the duties applicable on products set out in Annex II as

follows:

(a) starting 1 January 1993 - 75 per cent of the MFN rate of duty will

apply

(b) starting 1 January 1994 - 50 per cent of the MFN rate of duty will

apply

(d) starting 1 January 1996 - duty-free treatment will apply;

(iii) the MFN rate will apply to the products set out in Annex III;

(iv) the Joint Council, at its Meetings may consider and decide on any requests

by the Parties for the modification of the treatment to be accorded to any item

referred to in sub paragraphs (i), (ii), and (iii) above;

B. for products other than those listed in (A) above, the MFN rate will apply unless

otherwise decided by the Joint Council.

2. For the purposes of this Agreement “duty” shall be understood to mean the customs duties

and any other charges of equivalent effect, whether fiscal, monetary, exchange or of any kind, which

are incurred by imports. Not included under this concept are rates and analogous charges when they

represent the cost of the services rendered.

Article 5

RULES OF ORIGIN

The Rules of Origin to be applied under this Agreement shall be those set out in Annex IV.

Article 6

TREATMENT OF IMPORTS INTO CARICOM FROM VENEZUELA

1. The Parties agree that CARICOM will grant most-favoured-nation treatment in the

application of the Customs Tariff in respect of all imports from Venezuela.

2. CARICOM also undertakes to consult with Venezuela in the Joint Council when any charges

in the rate structure of the Customs Tariff are contemplated.

3. CARICOM further undertakes that Member States of CARICOM will not, without prior

consultation with Venezuela, apply any quantitative restrictions, beyond those currently in place or

those authorised under the Treaty establishing the Caribbean Community, with respect to imports

from Venezuela.

Article 7

TECHNICAL NORMS

The Joint Council shall study the technical, industrial, commercial norms and those governing public

health of the Parties and shall recommend the actions which it considers necessary to ensure that

these norms do not constitute an obstacle to trade between the Parties.

Article 8

GENERAL EXCEPTIONS

This Agreement allows the adoption or enforcement by Venezuela or any Member State of

CARICOM of measures such as the following, provided that they are not used as obstacles to trade:

(a) necessary to protect public morals;

(b) necessary for the prevention of disorder or crime;

enforcement, or to the classification, grading or marketing of goods, or to the

operation of monopolies by means of state enterprises or enterprises given exclusive

or special privileges;

(d) necessary to protect industrial property, trademarks, or copyrights or to prevent

deceptive practices;

(e) relating to gold or silver;

(f) relating to the products of prison labour;

(g) imposed for the protection of national treasures of artistic, historic or archaeological

value;

(h) necessary to prevent or relieve critical shortages of foodstuffs in any exporting Party,

(i) relating to the conservation of exhaustible natural resources.

Article 9

TREATMENT OF INVESTMENTS

1. The Parties undertake to encourage the promotion and protection of investments by their

nationals through the conclusion of bilateral investment treaties between the individual Member

States of CARICOM and Venezuela, in accordance with national laws and legislation.

2. The Parties agree that the conclusion of the bilateral investment treaties referred to in

paragraph 1 should facilitate inter alia:

S Movement of Capital

S Right of Establishment

S Joint Ventures

S Repatriation of Profits

S Possibility of CARICOM Member States raising loans for establishment of

enterprises in Venezuela through the Caribbean Development Bank.

3. The Parties agree that Venezuela nationals may purchase that part of the equity in

CARICOM enterprises which is owned by individual CARICOM Governments in exchange for debt

owed to the Government of Venezuela by such Member States of CARICOM.

Article 10

DOUBLE TAXATION AGREEMENTS

The Parties agree to work toward the adoption of double taxation agreements between the Member

States of CARICOM and Venezuela.

Article 11

TRADE PROMOTION

The Parties agree to establish trade promotion programmes; facilitate the activities of official and

private missions; organise fairs and expositions, continuous exchange of information, market studies

and other activities leading to the maximum utilisation of the preferences of the liberalisation

programme and of the opportunities offered by the procedures agreed on in the area of trade.

Article 12

TRADE FINANCING

1. The Joint Council shall keep trade financing under constant review and decide what

mechanisms may be implemented to facilitate the financing of trade between CARICOM Member

States and Venezuela.

2. The Parties, recognising the importance of timely payments for the development of trade,

undertake to ensure that neither Venezuela nor any Member State of CARICOM imposes undue

impediments to the prompt payment for goods traded within the context of this Agreement.

Article 13

TRADE IN SERVICES

1. The Parties recognise the importance of trade in services for the development of their

economies

2. The Parties further recognise that it will be opportune and necessary to develop co-operation

in this sector when the outcome of the Uruguay Round of Multilateral Trade Negotiations in the

GATT is known. To this end, the Parties will negotiate amendments or further elaboration of this

Agreement to take account of and to take advantage of the outcome of these negotiations.

Article 14

TRANSPORTATION

1. The Parties recognise the importance of improving transportation services as a means of

facilitating trade between the Member States of CARICOM and Venezuela.

2. The Joint Council shall keep the provisions of this Article under review and identify

measures including the negotiation of agreements on air and maritime transportation between the

Member States of CARICOM and Venezuela, whereby transportation services may be improved.

3. The Parties further undertake to explore the possibility of creating joint enterprises in the

area of transport and promote the establishment of centres for the consolidation of freight.

Article 15

SAFEGUARD CLAUSES

1. Venezuela should apply temporary safeguard measures when:

(a) importation of products originating in any of the Member States of CARICOM in

quantities such that they cause serious damage to national production of similar or

directly competing goods;

(b) it might be necessary to correct dis-equilibrium in the Balance of Payments or protect

the external financial position of Venezuela.

2. With reference to sub-paragraph (a) of paragraph 1, the corrective measures should consist

of the total or partial suspension of the obligations contracted with respect to the said products.

3. When Venezuela applies restrictions in accordance with sub-paragraph (b) of paragraph 1,

the corrective measures may consist of the reduction of volumes or of the value of the merchandise

imported, without exceeding the limits necessary for avoiding a serious reduction of monetary

reserves, for halting the reduction or increasing the international monetary reserves, as the case may

be.

4. When Venezuela proposes to adopt the above-mentioned measures, it shall provide prior

notification to:

(a) the Joint Council, so that the Joint Council within a period no longer than 15

calendar days dating from the date of receipt of such notification shall decide

whether safeguard action is appropriate in the particular case;

(b) the Parties which may have a substantial interest as exporters of the product in

question, by means of the Joint Council, to give them the opportunity for the

examination of the measures which are proposed for adoption.

5. The decision taken by the Joint Council shall be on the basis of the evidence provided by the

Parties. In the case that the decision is in the affirmative, the Joint Council shall authorise the

application of the restrictive measures.

6. The safeguard measures shall be applied only during the period necessary for repairing the

grave damage. For that purpose they shall have no more than one year’s duration.

Article 16

UNFAIR TRADE PRACTICES

In the case that these should arise in the trade between the Parties, situations of dumping as well as

distortions arising from the application of subsidies to exports or of domestic subsidies equivalent

in nature, the affected Party is empowered to apply the appropriate measures in conformity with its

domestic legislation where it exists, which shall in any case be in conformity with the provisions of

the GATT.

Article 17

SETTLEMENT OF DISPUTES

1. The Joint Council is the body responsible for the resolution of disputes which may arise with

regard to the interpretation, application, execution or failure to comply with the provisions of this

Agreement.

2. In the implementation of its powers under this Article, the Joint Council shall define

guidelines and mechanisms for the settlement of disputes not later than six months after the entry

into force of this Agreement.

Such mechanisms may include negotiation, enquiry, mediation, conciliation and arbitration.

Article 18

EVALUATION OF THE AGREEMENT

The Joint Council shall carry out a comprehensive evaluation of the implementation of this

Agreement and of the accomplishment of its objective, not later than four years after its entry into

force. On the basis of this evaluation, the Joint Council shall recommend measures which it

considers necessary to improve trade relations between the Parties on a mutual basis.

Article 19

ACCESSION TO THE AGREEMENT BY

OTHER ALADI MEMBER STATES

1. This Agreement remains open to adherence of the other ALADI Member Countries, subject

to prior negotiations among the Parties and those countries which demonstrate their intention to

become members, in accordance with the provision in paragraph (a) of Article 9 of the Treaty of

Montevideo of 1980.

2. The negotiations shall take into account that this Agreement establishes preferential

treatment granted by Venezuela to the Member States of the Caribbean Community by reason of

their lesser degree of relative development.

Article 20

TRANSITIONAL PROVISIONS

Venezuela shall proceed to implement with immediate effect the necessary procedures for

formalising the Agreement with ALADI in accordance with the provisions of the Treaty of

Montevideo of 1980 and the Resolutions of the Council of Ministers.

Article 21

STATUS OF ANNEXES

The Annexes to this Agreement shall form an integral part thereof.

Article 22

TERMINATION

1. Either Party to this Agreement may give notice to terminate by giving written notice of

termination to the other Party. Termination shall take effect six (6) months after such notice is

received by the other Party.

2. The rights acquired and the obligations contracted under this Agreement shall cease on the

effective date of termination, except with regard to those relating to obligations undertaken with

respect to importation of products, which shall continue in force for a further period of one year

unless the Parties agree to a longer period.

Article 23

ENTRY INTO FORCE

This Agreement shall enter into force once the Parties have notified each other through diplomatic

channels, indicating that all internal legal procedures have been completed. In any event, such legal

procedures shall be completed on or before January 1, 1993.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorised, have affixed

their signatures to his Agreement.

DONE AT Palacio de Miraflores in Caracas, Venezuela in the English and Spanish languages, both

texts being equally authentic, the 13

day of October, 1992.

SIGNED: Patrick Manning

for the Caribbean Community.

SIGNED:

for the Government of the Republic of Venezuela

ANNEX 1

PRODUCTS FROM THE CARICOM EXPORTABLE

OFFER WITH DUTY FREE ACCESS TO THE

VENEZUELAN MARKET

VENEZUELA

CODE

CARICOM

CODE

PRODUCT

DESCRIPTION

LEGAL

REGIME

0602.10.00.10 0602.004 Slips and Cuttings of Citrus Plants 5,6

0602.10.00.20 0602.009 Slips and Cuttings of Ornamental Plants 5,6

0602.10.00.90 0602.009 Other Slips and Cuttings 5,6

0602.20.00 0602.009 Trees, Shrubs and Plants of Edible Fruits 5,6

0602.30.00 0602.009 Rhododendrons and Azaleas 5,6

0602.40.00 0602.009 Rose Bushes 5,6

0602.91.00 0602.009 White Mushrooms 5,6

0602.99.00.10 0602.009 Live Orchid Plants 5,6

0602.99.00.20 0602.004 Live Citrus Plants 5,6

0602.99.00.30 0602.009 Live Coffee Plants 5,6

0602.99.00.90 0602.009 Other Live Plants 5,6

0603.10.00 0603 Flowers and Buds, Fresh 5,6

0604.10.00 0604.10

Mosses and Lichens, Fresh or Dried

5,6

0604.91.00 0604.00 Foliage and Other Parts of Plants, Fresh 5,6

0604.99.00 0604.00 Other Foliage, Leaves, Branches, Dried, Bleached or Dyed 5,6

0802.40.00 0802.40 Chestnuts, Fresh or Dry 5

0810.90.00 0810.009 Other Fresh Fruits 5,6

0902.10.00 0902.00 Green Tea in Containers of less than 3 kgs 5,6

0902.20.00.10 0902.00 Green Tea, Ground or in containers of more than 5 kgs 5,6

0902.20.00.90 0902.00

Other Green Tea in other Forms

5,6

0902.30.00 0902.00 Black Tea in Containers less than 3 kgs 3,5,6

0902.40.00.10 0902.00 Black Tea, ground or in containers of over 5 kg 3,5,6

0902.40.00.90 0902.00 Other black tea in other forms 3,5,6

0904.11.00 0904.11 Pepper, neither crushed nor ground 5,6

0904.12.00 0904.12 Pepper, crushed or ground 5,6

0906.10.00 0906.10 Cinnamon, neither crushed nor ground 5,6

0906.20.00 0906.20 Cinnamon, crushed or ground 5,6

0907.00.00 0907.00 Cloves 5,6

0908.10.00 0908.10 Nutmeg 5,6

0908.20.00 0908.20 Mace 5,6

0910.10.00 0910.10 Ginger 5,6

0910.20.00 0910.20 Saffron 5,6

0910.40.00 0910.40 Tumeric Bay leaves 5,6

0910.50.00 0910.50 Curry 5,6

0910.99.00 1910.99 Other spices 5,6

1209.91.00 1209.00 Vegetable Seeds 5,6

1515.90.00 1515.90 Others (nutmeg oil) 5

1704.10.00 1704.10 Chewing gum 5

1704.90.10 1704.90 Other sweets, Confectionery 5

1704.90.90.10 1704.90 Nougats 5

1905.00.00 1905. Bakery Products, pastry or biscuits 5

2007.99.30 2007.995 Jelly and Jam, of Nutmeg 5

2102.30.00 2102.30 Artificial Yeasts (Baking Powder) 5

2103.90.20 2103.909 Condiments and Seasonings, mixed 5

2104.10.20 2104.10 Soups, Vegetable Soups or Broths, prepared 5

2105.00.00 2105.00 Ice Cream and Similar Products 5

2106.90.20 2106.003 Non-Alcoholic Mixtures for the Preparation of Beverages 5

2106.90.90 2106.009 Other Food Preparations 5

2711.12.00 2711.12 Propane -

2711.13.00 2711.13 Butane -

2711.19.00 2711.19 Other Gaseous Hydrocarbons -

2804.29.00 2804.29 Other Gases (Gases Nobles) -

2818.20.00 2818.20 Aluminium Oxide -

3003.31.00 3003.31 Medicaments Containing Insulin not Packaged for Retail Sale 3

3004.31.00 3004.31 Medicaments Containing Insulin Packaged for Retail Sale 3

3301.29.90 3301.109 Others (Essential Oils) -

3303.00.00 3303.00 Perfumes and Toilet Water 3

3304.10.00 3304.10 Preparation for Lip make-up 3

3304.20.00 3304.20 Preparation for eye make-up 3

3304.30.00 3304.30 Preparations for Pedicure or Manicure 3

3304.91.00 3304.90 Powders, Including Compacts 3

3304.99.00 3304.90 Other Preparations for the skin care 3

3305.10.00 3305.10 Shampoos 3

3305.20.00 3305.20 Preparations for Permanent Waving or Straightening 3

3305.30.00 3305.30 Hair Lacquers 3

3307.10.00 3307.10 Shaving Preparations 3

3307.20.00 3307.20 Deodorants 3

3307.30.00 3307.30 Perfumed Salts and Other Bath Preparations 3

3307.41.00 3307.41 Agarbatti and Other Perfumed Preparations 3

3503.00.20 3503.00 Fish Glue, Other Glues of Animal Origin 6

4105.11.00 4105 Sheepskin (hairless), Prepared with Vegetable Tanning -

4105.12.00 4105 Sheepskin (hairless), Otherwise Tanned -

6913.10.00 6913.00 Statuettes and Other Ornamental Articles made of Porcelain -

6913.90.00 6913.00 Other Ornamental Articles, Ceramics -

7203.10.00 7203.10 Ferrous Products Obtained by Direct Reduction of Iron Ore -

7203.90.00 7203.90 Other Products of Sponge, Iron in Lumps or Similar Forms -

7207.11.00 7207.101 Square or Rectangular Blooms, and Billets or non-alloy Steel

with Carbon Content Lower than 0.25% by weight

7207.12.00 7207.202 Other Semi-finished Iron or Steel Products of Rectangular

Traverse Section

7207.19.00 7207.202 Other By-Products of Iron or Steel -

7207.20.00 7207.202 Other iron and steel by-products with carbon content greater

than or equal to 0.25% by weight

7209.11.00 7209.309 Sheets of non-alloy iron or steel, of thickness greater than or

equal to 3mm and with a minimum elasticity limit of 355

MPA

7209.21.00 7209.909 Other sheets of non-alloy iron or steel, of thickness greater

than or equal to 3mm

7213.31.00 7213.009 Wire less than 14mm with carbon content below 0.25% by

weight (only with sulphur content of 0.025% and phosphorus

below 0.025%) for use exclusively in the production of

electrodes

7213.39.00 7213.009 Other wire of non-alloyed iron or steel -

7213.49.00 7213.009 Other wire of non-alloyed iron or steel with carbon content

between 0.25% and 0.6% by weight

7214.30.00 7214.003 Steel bars of simple fabrication -

7226.20.00 7226.20 Flat rolled products of high alloy steel with width lower than

600mm

7228.10.00 7228.10 High speed steel bars -

7228.20.00 7228.20 Bars of silico-manganese steel -

7228.30.00 7228.30 Other bars not further worked or hot extruded -

7228.40.00 7228.40 Other bars simply forged -

7228.50.00 7228.50 Other bars simply obtained or cold finished -

7228.60.00 7228.60 Other bars of alloyed steel -

7228.70.00 7228.70 Angles, shapes and sections of alloyed steel -

7228.80.00 7228.80 Hollow bars for drilling -

7312.10.00.10 7312 Cables for reinforcing tyres of Iron or Steel -

7314.11.00 7314.109 Metallic netting of stainless steel -

7326.20.00.10 7326.20 Tubular grid for wells, of iron or steel -

7419.99.10 7419.90 Copper containers with capacity of greater than 300 litres

except for compressed or liquified gases

8409.10.00 8409.10 Parts for use solely with aircraft engines -

8409.91.10 8409.91 Blocks and cylinder heads, for piston engines -

8409.91.30 8409.91 Connecting rods for piston engines -

8409.91.50 8409.91 Rings for piston engines -

8409.91.60 8409.91 Carburettors and parts thereof piston engines -

8409.91.80 8409.91 Crank cases for piston engines -

8409.91.90 8409.91 Other parts suitable for use with spark-ignition engines -

8409.99.20 8409.99 Other rings -

8409.99.30 8409.99 Injectors and other parts for combustible systems -

8409.99.90 8409.99 Other parts for engines under headings 84.07 or 84.08 -

8413.91.10 8413.919 Parts of other pumps under sub-heading 8413.11.00 -

8413.91.20 8413.911 Parts of other pumps under sub-heading 8413.30.10 -

8413.91.30 8413.911 Parts of other pumps under sub-heading 8413.30.21 to

8413.13.24

8413.91.40 8413.919 Parts of other pumps under 8413.60.00 -

8413.91.90.90 8413.919 Parts of other pumps -

8413.92.00 8413.92 Parts of liquid elevators -

8414.10.00 8414.10 Vacuum Pumps -

8415.82.90.10 8415.82 Air conditioning Units up to 240.000 BTU/H -

8431.41.00 8431.41 Buckets, shovels, grabs and grips -

8431.42.00 8431.42 Blades for bulldozers or angledozers -

8431.31.43.00 8431.43 Parts of machinery or apparatus for drilling or boring of sub-

heading 8430.41 or 8430.49

8466.93.00 8466 Parts for other machinery for drilling, boring, milling or

threading metals (from sub-heading 8466.93.30 to sub-

heading 8466.93.60)

8479.30.00 8479.30 Presses for the manufacture of particle boards of wood fibre -

8479.40.00 8479.40 Rope or cable making machines -

8479.81.00 8479.81 Machinery and apparatus for working metal, including

electric wire coil winders

8479.89.10 8479.89 Machinery and apparatus for the soap industry -

8479.89.20 8479.89 Humidifiers and dehumidifiers -

8479.89.40 8479.89 Machinery and apparatus for the care and conservation of oil

pipelines and similar products

8479.89.50 8479.89 Windscreen wipers with motor -

8480.49.00 8480.009 Other moulding boxes for metal foundry -

8524.21.10 8524.20 Magnetic tapes for teaching of width of 4mm or less -

8524.22.10 8524.20 Magnetic tapes for teaching (of width greater than 4mm but

less than or equal to 6.5mm)

8524.23.10 8524.20 Magnetic tapes for teaching of width greater than 6.5mm -

8528.10.00.10 8528.10 Colour Video monitors -

8536.10.10 8536.10 Automobile fuses -

8539.10.00 8539.10 Headlamps or sealed beam units -

8540.11.00 8540.001 Cathode tubes for colour television sets -

8540.12.00 8540.001 Cathode tubes for black and white television sets or other

monochromes

8540.20.00 8540.009 Tubes for television cameras -

8540.30.00 8540.009 Other Cathode tubes -

8540.41.00 8540.41 Magnetrones -

8540.42.00 8540.42 Klistrones -

8540.49.00 8540.009 Other high frequency tubes -

8540.81.00 8540.009 Receptor tubes or amplifiers -

8541.10.00 8541.001 Diodes, except photodiodes and light producing diodes -

8542.80.00 8542.009 Cathodes, valves and tubes diodes, electronic micro

assemblers

8544.70.00 8544.70 Fibre optic cables -

8803.10.20 8803.10 Parts of aircraft of sub-heading 8802.20.10 and 8802.30.10

(propellers and rotors)

8803.20.10 8803.20 Parts of aircraft of sub-headings 8802.20.10 and 8802.30.10,

(under carriages and parts thereof)

8803.30.10 8803.30 Parts of aircraft of sub-headings 8802.20.10 and 8802.30.10

(other parts of aircraft and helicopters)

8803.90.10 8803.90

Parts of balloons and dirigibles

9010.10.00 9010.10 Apparatus and material for automatically developing

photographic film

9206.00.00 9206.00 Percussion musical instrument -

9506.29.00 9506 Other articles for water sports -

9506.51.00 9506 Tennis rackets, strung or otherwise -

9506.62.00 9506 Inflatable balloons -

9506.91.00 9506 Articles and materials for gymnastics or athletics -

9602.00.90 9602.009 Other mineral or vegetable material for carving and

manufacture of these materials

3 - permit issued by the Ministry of Health and Social Assistance

5 - Sanitary Certificate issued by the Country of Origin

6 - Sanitary Certificate issued by the Ministry of Agriculture and Livestock

ANNEX II

PRODUCTS FROM THE CARICOM EXPORTABLE OFFER

SUBJECT TO PHASED REDUCTION

VENEZUELA

N TARIFF

HEADING

CARICOM

TARIFF

HEADING

PRODUCT DESCRIPTION TARIFF

LEGAL

REGIME

0106.00.90.90 0106 Other Live Animals 10 5,6

0301.90.10 0301.901 Other Live Fish for Breeding or Industrial

Rearing

0302.00.00.90 0302. Flying fish, strip bellied fish, bonito, snapper,

(roncador) fresh or chilled

20 3,5

0303.00.00.90 0303. Stripe bellied fish, bonito, snapper, (roncador),

Trout and Shark

20 3,5

0304.20.00.90 0304.20 Fillets of Fish, Frozen 20 3,5

0304.90.00.90 0304.90 Fish meat, Fresh, Chilled or Frozen 20 3,5

0305.40.00.90 0305.401 Other Fish, Smoked 20 3,5

0305.51.00.90 0305.402 Other Fish, Dry 20 3,5

0305.69.00.90 0305. Other Fish, Salted 20 3,5

0306.13.90 0306.00 Shrimp, Prawns, Frozen 20 3,5

0306.19.00 0306 Other Crustacea, Frozen 20 3,5

0307.00.00.19 0307. Other Molluscs, Frozen 20 3,5

0702.00.00 0702.00 Tomatoes, Fresh or Chilled 15 5,6

0703.20.00 0703.20 Garlic, Fresh or Chilled 15 5,6

0707.00.00 0707.001 Cucumbers, Fresh 15 5,6

0708.10.00 0708.001 Peas or Beans, Fresh or Chilled 15 5,6

0709.60.00 0709.004 Hot peppers of the Capsicum or Pimento

varieties, Fresh or Chilled

15 5,6

0709.90.00.90 0709.004 Christophenes, Ochroes, Sorrel, Pumpkin, Fresh

or Chilled

15 5,6

0713.30.10.10 0713.004 Black Beans for Sowing 15 5,6

0713.30.90.90 0713.002 Other Beans, except for sowing 15 5,6

0714.90.00 0714.90 Other roots and tubers, Fresh or Dry 15 5,6

0801.10.00 0801.102 Coconuts, Dry or Fresh 15 5,6

0801.20.00 0801. Brazil nuts, Fresh or Dry 15 5,6

0801.30.00 0801 Cashew Nuts, Fresh or Dry 15 5,6

0803.90.00 0803.00 Bananas or Plantains, Fresh or Dry 15 5,6

0804.30.00 0804.30 Pineapples, Fresh or Dry 15 5,6

0804.40.00 0804.40 Avocadoes, Fresh 15 5,6

0804.50.00 0804.50 Guavas and Mangoes, Fresh or Dry 15 5,6

0805.10.00 0805.10 Oranges, Fresh 15 5,6

0805.20.10 0805.209 Mandarines, Fresh 15 5,6

0805.30.20 0805. Sour limes, Fresh 15 5,6

0805.40.00 0805.140 Grapefruits, Fresh or Dry 15 5,6

0807.10.00 0807.10 Melons, Water Melons, Fresh 15 5,6

0808.10.00 0808. Apples, Fresh 15 5,6

0809.40.00 0809.00 Plums, Fresh 15 5,6

0810.90.00 0810.00 Tamarind, Sapodilla, Passion Fruit, Soursop,

Fresh or Dry

15 5,6

1104.30.00.90 1104.30 Wheat Germ 20 5

1106.10.00 1106.20 Flour and Semolina of other Vegetables under

Heading 07.13

20 5

1517.10.00 1517.10 Margarine, except liquid Margarine 20 3,5

1517.90.00 1517.901 Other Margarines 20 3,5

1601.00.00 1601.001 Sausages of the ‘Vienna’ type and Pepperoni 20 5,6

1602.50.90 1602 Tinned Meat 20 5,6

1602.41.00 1602.401 Ham 20 2,5,6

1602.49.90 1602.402 Bacon 20 2,5,6

1803.10.00 1803 Cocoa Butter, fat not removed 15 5

1802.20.00 1803. Cocoa Butter, fat entirely or partially removed 15 5

1805.00.00 1805. Cocoa Powder 20 5

1806.31.00 1806.002 Chocolate Bars, filled 20 5

1806.32.00 1806.002 Chocolate Bars, not filled 20 5

1902.19.00 1902. Other Food Products of Cocoa and other Pastes 20 5

1904.90.00 1904. Other Cereal-based products, obtained by

blowing or toasted

20 5

2006.00.00 2006.009 Processed Fruits, with sugar 20 5

2007.99.30 2007.993 Jellies and Jams of Guava 20 5

2008.19.90 2008. Other Fruits with Rind or Skin, processed or

preserved

20 5

2008.99.99 2008.004 Mangoes, processed or preserved 20 5

2009.80.19 2009 Tropical Fruit Juices 20 5

2103.20.00 2103.210 Tomato Sauce(Ketchup) 20 5

2103.90.90 2103.901 Pepper Sauce and other prepared sauces 20 5

2202.90.00 2202.90 Non-alcoholic beverages except fruit and

vegetable juices

20 5

2203.00.00 2203.00 Malta 20 5

2208.10.00 2208. Mixed alcoholic preparations of the type used for

beverage making

2208.40.00 2208.40 Rum and Sugar Cane Spirits 20 5

2402.20.20 2402.20 Cigarettes made from Virginia Tobacco 20 5

34.01 34.01 Soap; organic surface-active products and

preparations for use as soap, in form of bars,

cakes, moulded pieces or shapes, wadding; felt

and non-wovens, impregnated coated or covered

with soap or detergent

20 *

3406.00.00 3406. Candles 15 -

41.04 41.04 Hides and Skins of cattle and horses, hairless,

processed, except those under Headings 41.08 or

41.09

* -

4202.91.90 4202.20 School bags with outer surface of natural,

artificial or recycled leather

20 -

4202.92.00 4202.20 School bags with outer surface of plastic or fabric 20 -

CHAPTER 44 CHAPTER 44 Lumber, charcoal and wood manufactured

products

* -

4601.99.00 4601.20 Table mats of plaited material 20 -

4602.10.00 4602.009 Baskets of vegetable materials 20 -

4707.90.00 4707.00 Other Waste Paper and Cardboard 5 -

CHAPTER 48 CHAPTER 48 Paper and Cardboard, Products

manufacturedfrom cellulose paste, paper or

cardboard

* -

5607.50.00 5607.00 Cords and twines of other synthetic fibres 15 -

CHAPTER 57 CHAPTER 57 Carpets and other floor coverings of textile

material

20 -

5905.00.00 5905.00 Other decorative items (coverings of textile

materials)

20 -

CHAPTER 61 CHAPTER 61 Garments and accessories knitted or crocheted 20 -

CHAPTER 62 CHAPTER 62 Garments and accessories not

knitted or crocheted

20 -

CHAPTER 63 CHAPTER 63 Other made-up textile articles; in sets or assorted

used clothing and rags

20 *

CHAPTER 64 CHAPTER 64 Footwear, garters, boots and similar items; parts

thereof

CHAPTER 65 CHAPTER 65 Articles for millinery and parts thereof * -

6904.10.00 6904.10 Ceramic building bricks 15 -

6905.10.00 6905.10 Ceramic Roofing tiles 15 -

6907.90.00 6907.001 Unglazed tiles and stones 15 -

6912.00.00 6912.001 Ceramic household articles 20 -

7113.11.00 7113.11 Jeweller’s articles of silver plated or not, or clad 20 -

7113.19.00 7113. Jeweller’s articles of gold whether plated or not

or clad

20 -

7204.10.00 7204. Waste and scrap metal 5 -

72.09 72.09 Sheets and plates of non-alloy iron or steel rolled

but not further worked of width greater than or

equal to 600mm, cold rolled, neither plated nor

coated (only sub-headings 7209.14.00,

7209.24.00, 7209.31.00, 7209.34.00, 7209.41.00,

7209.44.00)

* -

7210.12.00 7210 Sheets and plates of non-alloy iron or steel of

width greater than or equal to 600mm and of a

thickness of less than or equal to 0.5mm

10 -

7210.20.00 7210. Sheets and plates of non-alloy iron or steel rolled

but not further of width greater than or equal to

600mm plated or coated

10 -

7210.31.00 7210. Sheets and plates of non-alloy steel of thickness

of less than 3mm and with minimum limit of

elasticity of 275 MPA or of thickness greater than

or equal to 3mm and with a minimum of

elasticity of 355 MPA

10 -

7210.39.00 7210. Other sheets and plates of non-alloy iron or steel

galvanised electrolytically

10 -

7210.41.00 7210. Other sheets and plates of non-alloy iron or steel

corrugated and otherwise galvanised

10 -

7210.49.00 7210. Other sheets and plates of non-alloy iron and

steel otherwise galvanised

10 -

7210.50.00 7210. Sheets and plates of non-alloy iron or steel coated

with Chromium oxide or Chromium and

Chromium Oxide

10 -

7210.60.00 7210. Sheets and plates of non-alloy iron and steel,

coated with aluminium

10 -

7210.70.00 7210. Sheets and plates of non-alloy iron and steel,

painted, varnished or coated with plastic

10 -

7210.90.00 7210. Other sheets and plates of non-alloy iron or steel

of width greater than or equal to 600mm

10 -

72.12 72.12 Sheets and plates of non-alloy iron or steel of

width less than or equal to 600mm plated or

coated

10 -

7214.60.00 7214 Other iron bars of non-alloy iron or steel, hot

extruded with a Carbon content greater than or

equal to 0.6% by weight

* -

72.15 72.15 Other bars of non-alloy iron or steel * -

72.16 72.16 Angles, shapes and sections of non-alloy iron or

steel

10 -

72.17 72.17 Wire of non-alloy iron or steel 15 -

7308.90.90.90 7308. Structures and Parts of structures NES of iron or

steel except prefabricated structures under

Heading 94.06

15 -

73.09 73.09 Tank, casks, drums and similar containers for

smelting iron or steel with capacity of over 300

litres without mechanical or heating fittings

including coated interiors or heat resistant

15 -

73.10 73.10 Tanks, casks, drums and similar containers for

smelting iron or steel, with capacity less than or

equal to 300 litres without mechanical fittings or

heating including those with coated interiors or

heat resistant

15 -

7312.10.00.90 7312. Other cables of iron or steel not insulated for

electrical use

15 -

7312.90.00 7312. Stranded wire, ropes, cables, plaited bands, slings

and the like, of iron or steel, not electrically

insulated

15 -

7313.00.10 7313. Barbed wire 15 -

7313.00.90 7313. Other wire for fencing of iron and steel 15 -

73.14 73.14 Wire Mesh and fencing of iron and steel wire

sheets or wide bands of iron or steel (excluding

sub-heading 7314.11.00 included in the Free

Access List)

* -

7317.00.00.99 7317.002 Other nails and similar articles of iron or steel 15 -

7321.11.90 7321.10 Gas Stoves 20 -

7326.90.00 7326 Other products of iron or steel (excluding sub-

item 7326.20.00.10 included in the Free Access

List)

10 -

74.07 74.07 Copper bars, rods, profiles 10 -

7419.99.90 7419. Other copper products * -

7602.00.00 7602.00 Aluminium Waste and Scrap 5 -

7610.90.00 7610 Other Structures and parts of structures of

Aluminium, except prefabricated structures

falling under heading 94.06

15 -

8305.20.00 8305.20 Office Staples 15 -

8309.10.00 8309.10 Crown Corks of base metal 15 -

8311.20.00 8311. Welding Rods 15 -

8409.91.20 8409. Crank cases for use with internal combustion

engines

15 -

8409.91.40 8409. Pistons for engines falling under headings 84.07

or 84.08

15 -

8409.91.70 8409. Pistons for engines falling under headings 84.07

or 84.08

15 -

8409.99.10 8409 Other Pistons except those for internal

combustion engines

15 -

84.13 84.13 Pumps for Liquids, including those with

measuring devices liquid elevators, (except

products of items 8413.91.10, 8413.91.20,

8413.91.30, 8413.91.40, 8413.91.90.90 and

8413.92.00 included in the Free Access List)

* -

84.15 84.15 Air-conditioned units with mechanically operated

fan and fittings for modifying temperature and

humidity whether or not they separately regulate

the atmospheric pressure (except products falling

under sub-item 8415.82.90.10, included in the

Free Access List)

* -

84.18 84.18 Refrigerators, Freezers and other material,

machines and apparatus for cooling, electrical or

otherwise, heat pumps, except air condition units

falling under heading 84.15

* -

8419.11.00.10 8419. Solar Water Heaters for domestic use 20 -

8412.23.00 8421.23 Oil Filters for internal combustion engines or for

compressors

15 -

84.33 84.33 Machines and appliances for harvesting or

threshing, including presses for straw or fodder,

grass cutters and lawn mowers; machines for

cleaning or grading eggs, fruits, or other

agricultural products, except those falling under

heading 84.37

* -

84.79 84.79 Machines and mechanical appliances with

specific functions not set out or included in other

sections of this Chapter (except products falling

under Items 8479.30.00, 8479.40.00, 8479.81.00,

8479.89.10, 8479.89.20, 8479.89.40 and

8479.89.50 included in the Free Access List)

* -

8480.10.00 8480 Moulding boxes for metal foundry 5 -

8480.41.00 8480. Moulding boxes for moulding by injection or

compression of metals

10 -

8484.10.00 8484.00 Gaskets (of metal and plastic) 15 -

8484.90.00 8484. Other sets or assortments of gaskets of different

materials, in bags, envelopes or similar packaging

15 -

85.04 8504 Electrical transformers, static converters and

inductors

* -

85.07 85.07 Electrical Accumulators including separators

(whether square or rectangular)

* -

8509.40.10 8509.801 Blenders 20 -

8509.40.90 8509.80 Other food grinders and mixers, Fruit and

Vegetable Juicers

20 -

8516.79.00 8516.60 Other electro-thermal appliances for domestic use 20 -

85.24 85.24 Records, tapes and other accessories for sound

recording and similar processes, pre-recorded

including galvanic moulds for making records

except products falling under Chapter 37

* -

85.36 85.36 Electrical apparatus for switching or protecting

electrical circuits, or for making connections to or

in electrical circuits (for example, switches,

relays, fuses, surge suppressors, plugs, sockets,

lamp- holders, junction boxes) for a voltage not

exceeding 1000 volts (except sub-heading

8536.10.10 included in the Free Access List)

* -

8537.10.00 8537.00 Circuit Boards for tensions less than 1000 volts 15 -

8537.20.00 8537.00 Circuit Boards for tensions above 1000 volts 15 -

8538.10.00 8538. Circuit Boards, panels, consoles and other

accessories falling under heading 85.37 without

the appliances

15 -

8708.92.00 8708. Silencers for motor vehicles 15 -

9021.21.00 9021.20 Artificial Teeth 5 -

9401.80.00 9401. Other Seats 20 -

9403.10.00 9403.10 Metal Office Furniture 20 -

9403.30.00 9403. Wooden Office Furniture 20 -

9403.40.00 9403. Wooden Kitchen Furniture 20 -

9403.50.00 9403. Wooden Bedroom Furniture 20 -

9403.60.00 9403. Other Wooden Furniture 20 -

9404.90.00 9404. Pillows 20 -

9405.10.90 9405.10 Other Electric light fittings for ceilings and walls 20 -

9405.50.90 9405.10 Chandeliers 20 -

9405.90.90 9405. Other parts for electric light fittings 15 -

9603.10.00 9603. Brooms and brushes of branches or other

vegetable material tied into bunches, including

those with sticks/handles

20 -

9603.21.00 9603.003 Tooth Brushes 20 -

9603.99.00 9603. Other Brushes 20 -

(*) Refer to the Venezuelan Customs Tariff

(2) Importation reserved for the National Government

(3) Permit from the Ministry of Health and Social Assistance

(5) Health Certificate issued by the Country of Origin

(6) Health Certificate issued by the Ministry of Agriculture and Livestock

ANNEX III

PRODUCTS FROM THE CARICOM EXPORTABLE OFFER

TO BE INCLUDED IN THE EXCEPTIONS LIST

VENEZUELA

TARIFF

HEADING

CARICOM

TARIFF

HEADING

PRODUCT DESCRIPTION

0201.10.00 0201. Beef, fresh or chilled, entire carcasses or halves

0201.20.00 0201. Beef, fresh or chilled in cuts not deboned

0201.30.00 0201. Beef, fresh or chilled, boneless

0202.10.00 0202. Beef, frozen, entire carcasses or halves

0202.20.00 0202. Beef, frozen in cuts, not deboned

0202.30.00 0202. Beef, frozen, boneless

0402.21.00.20 0402. Whole milk with a minimum fat content of 26%

0402.29.00.10 0402. Cream, sweetened

0402.99.10 0402.991 Condensed Milk

0403.10.00 0403.10 Yoghurt

0901.11.00 0901. Coffee beans, not roasted, not decaffeinated

0901.21.10 0901. Coffee beans, roasted, not decaffeinated

1006.30.00 1006. White Rice

1006.40.00 1006. Rice, broken

1101.00.00 1101.00 Wheat flour

1103.11.00 1103. Semolina

1203.00.00 1203.00 Copra

1508.10.00 1508. Peanut oil in crude form

1508.90.00 1508. Other groundnut oils

1511.10.00 1511. Palm oil, crude

1511.90.00 1511. Other Palm oils

1513.11.00 1513.11 Coconut oil, crude

1513.19.00 1513. Other Coconut oils

1515.29.00 1515.20 Corn oil refined, excluding nutmeg oil (1515.90.00) included in the

Free Access List

1516.20.00 1516. Other vegetable fats

1701.11.90 1701.11 Other cane sugar, crude, neither flavoured nor coloured

1703.10.00 1703. Molasses (of sugar cane)

1801.00.10 1801. Cocoa beans, raw

1801.00.20 1801. Cocoa beans, roasted

1904.90.00 1904. Rice, pre-cooked

2009.11.00 2009. Orange Juice, frozen

2009.19.00 2009. Other Orange Juices

2304.00.00 2304.00 Cake and other solid residues from the extraction of soya bean oil

2305.00.00 2305.00 Cake and other solid residues from the extraction of peanut oil

2523.21.00.10 2523.20 White Portland Cement

2523.21.00.20 2523. Grey Cement

Chapter 27 Chapter 27 Mineral Fuels, mineral oils and products distilled therefrom,

Bituminous materials, mineral waxes except propane (2711.12.00),

Botane (2711.13.00) and other gaseous hydrocarbons (2711.19.00)

included in the Free Access List

2804.40.00 2804. Oxygen

2811.21.00 2811.291 Carbon Dioxide

2811.29.20 2811.21 Nitrous Oxide

2814.10.00 2814.10 Anhydrous Ammonia

2833.22.00 2833.001 Aluminium Sulphate

2905.11.00 2905.001 Methanol

2915.90.90.99 2915.009 Other Carboxylic Acids

30.03 30.03 Medicaments constituted by a mixture of products prepared for

therapeutic or prophylactic use, not packaged in doses nor packaged

for rental sale. Except medicaments containing insulin not packaged

for retail sale (3003.31.000 included in the Free Access List).

30.04 30.04 Medicaments constituted by a mixture of products prepared for

therapeutic or prophylactic use, packaged in doses or packaged for

retail sale, except medicaments containing insulin packaged for

retain sale (3004.31.00) included in the Free Access List.

3102.10.00 3102.10 Urea

32.08 32.08 Paints and varnishes based on modified synthetic or natural

polymers, dissolved in a non-aqueous medium

32.09 32.09 Paints and varnishes based on modified synthetic or natural

polymers, dissolved in an aqueous medium

3210.00.20 3210. Water pigments of the type used for leather finishes

34.02 34.02 Organic surface-active agents (other than soap) surface-active

preparations, washing preparations (including auxiliary washing

preparations) and cleaning preparations whether or not containing

soap, other than those of Heading 34.01 included in the Phased

Reduction List

3808.10.10 3808. Insecticides in containers for retail sale

3808.10.20 3808. Insecticides in other forms

3808.40.10 3808. Disinfectants in containers for retail sale

3808.40.90 3808. Disinfectants in other forms

3819.00.00 3819.00 Fluids for hydraulics brakes and other liquid preparations for

hydraulic transmissions, not containing petroleum oils or bituminous

materials

3823.40.00 3823 Prepared additives for cement, mortars or concrete

3823.90.99.90 3823 Residual products of the chemical or related industries, not set out or

included under other headings

3907.30.00 3907.00 Epoxide Resins in simple forms

39.15 3915.00 Waste, parings and scrap of plastic

3917.23.00 3917.201 PVC pipes

39.20 39.20 Other plates, sheets, films, bands of non cellular plastic, neither

reinforced, stratified, nor combines in similar form with other

materials

39.23 39.23 Articles for transport and packaging of plastic, covers, lids, caps and

other covers of plastic

39.24 39.24 Crockery and other articles for domestic use and articles for sanitary

use of plastic

3925.10.00 3925.10 Reservoirs, tanks, vats and similar containers with capacity of over

300 litres of plastic

39.26 39.26 Other items of plastic and products of other materials under headings

39.01 to 39.14

6810.91.00 6810 Prefabricated cement or concrete structures for construction

7010.90.00.90 7010 Other bottles, flasks, pots and other containers for transport or

packaging of glass

7209.12.00 7209.301 Sheets of thickness of more that 1mm but less than 3mm of Iron or

Steel, cold finished

7209.13.00 7209.23 Sheets of iron or steel of thickness greater than or equal to 0.5mm,

but less than or equal to 1mm, cold finished

7209.22.00 7209.401 Sheets of iron or steel of thickness greater than or equal to 1mm, but

less than or equal to 3mm, cold rolled

7209.23.00 7209.901 Sheets of iron or steel of thickness greater than or equal to 0.5mm

but less than or equal to 1mm, cold rolled

7209.32.00 7209. Flat rolled products of non-alloy iron or steel, cold rolled, of

thickness greater than 1mm but less than 3mm

7209.33.00 7209. Flat rolled products of non-alloy iron or steel, cold finished, of

thickness greater than or equal to 0.5mm but less than or equal to

1mm

7209.42.00 7209. Other flat rolled products of iron or steel, cold rolled of thickness

greater than 1mm but less than 3mm not rolled up

7209.43.00 7209. Other flat rolled products of iron or steel, cold finished of thickness

greater than or equal to 0.5mm, but less than or equal to 1mm, not

rolled up

7209.90.00 7209. Other flat rolled products of non-alloy iron or steel of width greater

than or equal to 600mm, cold rolled

7213.10.00 7213.001 Wire rods of non-alloy iron or steel with grooves

7213.20.00 7213.009 Wire rod of steels of simple fabrication

7213.31.00 7213.009 Wire rod of iron or steel with circular section and diameter less than

14mm, except wire rod of less than 14mm, with carbon content of

less than 25% by weight (only with sulphur content of less than

0.025% and phosphorous less than 0.025%) for use exclusively in

the production of electrodes, included in the Free Access List

7213.41.00 7213.009 Wire rod of iron or steel or circular section and diameter of less than

14mm, with Carbon content of more than 0.25% by weight

7213.50.00 7213. Other wire rod of iron or steel with Carbon content greater than or

equal to 0.6% by weight

7214.10.00 7214.001 Bars of non-alloy iron or steel, simply forged

7214.20.00 7214.003 Bars of non-alloy iron or steel, with grooves, bands, holes or raised

marking, hot extruded

7214.40.00 7214.009 Other bars of non-alloy iron or steel with Carbon content of less than

0.25% by weight

7214.50.00 7214.50 Other bars of non-alloy iron or steel, hot extruded, with Carbon

content greater than or equal to 0.25% but less than 0.6% by weight

8528.20.00.90 8528.20 Other black and white television sets and other monochromes

9502.10.00 9502.10 Dolls, dressed or otherwise

ANNEX IV

RULES OF ORIGIN

CHAPTER I: QUALIFICATION OF ORIGIN

Article 1

For the purposes of the Qualification of Origin of the products which Venezuela will exempt from

imports duties and restrictions, according to Article 5 of the Trade and Investment Agreement

between the Government of the Republic of Venezuela and the Caribbean Community, the following

shall be considered as originating in CARICOM Member Countries:

(a) Items included in the tariff sub-headings indicated in Appendix I, for the sole reason of being

produced in its territory. To this end, the following items are considered as produced:

S Mineral, vegetable and animal products (including those from hunting and fishing)

extracted, harvested or gathered, born in its territory or territorial waters and

exclusive economic zones; and

S Products of the sea extracted beyond its territorial waters and exclusive economic

zones, by ships of its own flag or leased by enterprises which are legally established

in its territory.

(b) Items wholly produced in the territories of CARICOM Member Countries, when such items

are exclusively produced with materials from any of said Countries.

process of substantial transformation, carried out in the territory of CARICOM Member

Countries, which creates a different product characterised by the fact of being classified

within the Harmonised Commodity Description and Coding System in a heading different

from that of such materials.

(d) Items that are the result of assembly operations which constitute a process of substantial

transformation, carried out in the territory of a CARICOM Member Country and in the

production of which materials from such countries, from Venezuela and from third countries

are used, when the destination port c.i.f. value or the maritime port c.i.f. value of the

materials from third countries does not exceed 50 per cent of the f.o.b. export value of such

products.

(e) Items that, besides being produced in the territories of CARICOM Member Countries,

comply with the specific origin requirements established in Appendix 2, attached to these

Rules.

Article 2

The specific origin requirements shall take precedence over the general criteria of the present Rules.

The Joint Council may establish by means of amending protocols specific origin requirements in

Trade and Investment Agreement between the Caribbean Community (CARICOM) and the

Government of the Republic of Venezuela. In like manner, the Joint Council may amend the

requirements previously agreed upon.

Article 3

The following will not be considered as processes of substantial transformation:

(a) operations to ensure the preservation of goods during transportation or storage, such as

refrigeration, addition of preservatives, removal of damaged parts and the like;

(b) operations such as dust removal, sifting, shelling, winnowing, maceration, drying, sorting,

classification, selection, crushing, washing, painting and cutting-up;

(d) simple packing, placing in containers or repackaging;

(e) the simple dividing up of assembly of packages;

(f) the affixing of brands, labels, or other similar distinctive signs;

(g) simple mixture of materials if the characteristics of the product obtained are not essentially

different from the characteristics of the materials which have been mixed;

(h) the slaughter of animals;

(i) the simple gathering or assembly of imported parts.

Article 4

For the purpose of the present Rules:

(a) the term “territory” includes the duty-free zones located within the geographic boundaries

of any of the CARICOM Member Countries;

(b) the term “materials” applies to the raw materials, the intermediate products, parts and spare

parts, used in the production of merchandise.

Article 5

For the purposes of the fulfilment of the Rules of Origin established in the Chapter and in Appendix

2, the materials from the territory of one of the CARICOM Member Countries and from Venezuela

used by another Member Country in the production of a particular merchandise, shall be considered

as originating in the territory of the latter country.

Article 6

In order to enjoy the benefits of preferential treatment, originating merchandise must be directly

delivered from the exporting country to the importing country.

For this purpose, the following shall be considered as direct consignment:

(a) Products transported without going through third country territories.

(b) Products transported in transit through one or more non-participating countries, with or

without transhipment, or temporary storage under the surveillance of customs authorities of

such countries, provided that:

(i) they are not designed for trade or use in the transit country; and

(ii) they do not undergo during transportation or storage, any operation other than

loading or unloading or operations to keep them in good condition and ensure their

conservation.

CHAPTER II: DECLARATION, CERTIFICATION AND PROOF OF ORIGIN

Article 7

In order for the products to benefit from the preferential treatment contemplated under Article 4 of

the Trade and Investment Agreement between the Caribbean Community (CARICOM) and the

Government of the Republic of Venezuela, a declaration certifying the fulfilment of the origin

requirements described in Chapter I, in the format adopted by ALADI (Latin American Integration

Association), set out in Appendix 3, must be included in the export document. To this end,

Venezuela undertakes to notify the CARICOM Secretariat of any modification to the form adopted

by ALADI.

Such declaration may be issued by the final producer or by the exporter of the merchandise

concerned, and must in any case be certified by an official body.

Origin certificates issued for the purpose of complying with the exemption regime, will be valid for

a period of 180 days from the date of certification by the appropriate body or entity of the exporting

country.

Article 8

CARICOM Member Countries will transmit to the Venezuelan Foreign Trade Institute the approved

list of official bodies authorised to issue the certification mentioned in the previous Article, along

with a list of signatories and facsimiles of the authorised signatures.

Article 9

The Venezuelan Foreign Trade Institute will keep an updated record of official bodies authorised

by CARICOM Member Countries to issue origin certificates. Any changes requested by these

countries will take effect within 30 days after receipt of the communication from the country.

Article 10

The functions and obligations of official bodies authorised by CARICOM Member Countries to

carry out origin certification, will be, inter alia, the following:

(a) to verify the accuracy of the declaration presented to them by the producer or the

exporter by way of systems or procedures which ensure the accuracy of the data.

(b) to provide to the Venezuelan Foreign Trade Institute the administrative co-operation

required for the control of documentary proof or origin.

Article 11

The Venezuelan Foreign Trade Institute may request the official bodies authorised by CARICOM

Member Countries to issue certificates of origin to carry out control of this document when:

(a) There are grounds for doubts regarding the authenticity of the document;

(b) There are grounds for doubts in regard to the accuracy of the data contained therein;

Article 12

The requests for control procedures will be made within a period of one year from the date of the

customs declaration in the importing country. In like manner, such requests shall be answered no

later than three months after the date of the request.

Article 13

When the Venezuelan agencies arrive at the conclusion that the origin certificates do not comply

with the provisions of the present regime, they will transmit their opinion to the exporting country

in order for that country to take the necessary action to achieve a solution to the problems described.

In no case shall the Venezuelan authorities interrupt an import procedure of the products covered

by the certificates mentioned in the above Article. However, the Venezuelan authorities, in addition

to requesting the appropriate additional information from the Governmental authorities of the

exporting countries, shall adopt the actions they deem necessary to safeguard the fiscal interests.

APPENDIX I

THE FOLLOWING PRODUCTS ARE CONSIDERED TO

HAVE ORIGINATED IN CARICOM COUNTRIES

VENEZUELA

N CODE

CARICOM

CODE

PRODUCT DESCRIPTION

0106.00.90.90 0106 Other Live Animals

0301.10.00 0301 Ornamental Fish

0301.90.10 0301 Other Live Fish for Breeding

0301.90.90 0301 Other Live Fish, Except for Breeding

0302.00.00.90 0302 Other Fish, Fresh or Chilled

0303.00.00.90 0303 Other Frozen Fish

0304.10.00.90 0304 Other Fillets of Fish, Fresh or Chilled

0304.20.00.90 0304 Other Fillets of Fish, Frozen

0304.90.00.90 0304 Other Fish Meat, Fresh, Chilled or Frozen

0305.30.00.90 0305 Other Fillets of Fish, Dried, Salted or in Brine, not Smoked

0305.40.00.90 0305 Other Smoked Fish including Fillets

0305.51.00.90 0305 Other Dried Fish

0305.69.00.90 0305 Other Salted Fish

0306.13.10 0306 Prawns, Frozen

0306.13.90 0306 Shrimp and Prawns, Frozen

0307.00.00.19 0307 Other Frozen Molluscs

0602.10.00.10 0602 Slips and Cuttings of Citrus Plants

0602.10.00.20 0602 Slips and Cuttings of Ornamental Plants

0602.10.00.90 0602 Other Slips and Cuttings of Live Plants

0602.20.00 0602 Trees, Shrubs and Plants of Edible Fruits

0602.30.00 0602 Rhododendrons and Azaleas (Live)

0602.40.00 0602 Rose Bushes

0602.91.00 0602 White Mushrooms

0602.99.00.10 0602 Live Orchid Plants

0602.99.00.20 0602 Live Citrus Plants

0602.99.00.30 0602 Live Coffee Plants

0602.99.00.90 0602 Other Live Plants

0603.10.00 0603 Flowers and Buds, Fresh

0604.10.00 0604 Mosses and Lichens, Fresh or Dried, Bleached, Dyed, Impregnated or

otherwise prepared

0604.91.00 0604 Foliage, Other Parts of Plants, Fresh

0604.99.00 0604 Other Foliage, Leaves, Branches and Other Parts of Plants

0702.00.00 0702 Tomatoes, Fresh or Chilled

0703.20.00 0703 Garlic, Fresh or Chilled

0707.00.00 0707 Fresh Cucumbers

0708.10.00 0708 Peas, Beans, Fresh or Chilled

0709.60.00 0709 Peppers of the Capsicum Variety or of General Pimento Type

0709.90.00.90 0709 Other Vegetables, Fresh or Chilled

0713.10.10 0713 Peas or Beans for Planting

0713.10.90 0713 Other Peas or Beans

0713.30.10.10 0713 Black Beans for Planting

0713.30.90.10 0713 Other Black Beans

0713.30.90.90 0713 Other Beans

0714.90.00 0714 Other Roots and Tubers, Fresh or Dry

0801.10.00 0801 Coconuts, Dry or Fresh

0801.20.00 0801 Brazil Nuts, Fresh or Dry

0801.30.00 0801 Cashew Nuts, Fresh or Dry

0802.40.00 0802 Chestnuts, Fresh or Dry

0803.00.00 0803 Bananas or Plantains, Fresh or Dry

0804.30.00 0804 Pineapples, Fresh or Dry

0804.40.00 0804 Avocadoes, Fresh

0804.50.00 0804 Guavas and Mangoes, Fresh

0805.10.00 0805 Fresh Oranges

0805.20.10 0805 Mandarins, Fresh

0805.30.20 0805 Sour Limes, Fresh

0805.40.00 0805 Grapefruits, Fresh or Dry

0807.10.00 0807 Fresh Melons

0808.10.00 0808 Fresh Apples

0809.20.00 0809 Fresh Cherries

0810.90.00 0810 Other Fresh Fruits

0901.11.00 0901 Coffee, not Decaffeinated

0902.10.00 0902 Tea in Containers of 3 kgs or less

0902.20.00.10 0902 Tea, Ground or in Containers of more than 5 kgs

0902.20.00.90 0902 Other Green Tea in other forms

0902.30.00 0902 Black Tea in containers of 3 kgs or less

0902.40.00.10 0902 Black Tea, Ground or in containers of over 5 kgs

0902.40.00.90 0902 Other Black Tea in Other Forms

0904.11.00 0904 Pepper, neither Crushed nor Ground

0904.12.00 0904 Pepper, Crushed or Ground

0906.10.00 0906 Cinnamon, neither Crushed nor Ground

0906.20.00 0906 Cinnamon. Crushed or Ground

0907.00.00 0907 Cloves

0908.10.00 0908 Nutmeg

0908.20.00 0908 Mace

0910.10.00 0910 Ginger, Fresh or Dry

0910.50.00 0910 Curry

0910.20.00 0910 Saffron

0910.40.00 0910 Bay leaves

0910.99.00 0910 Other Spices

4403.00.90 4403 Other Wood in the Rough

APPENDIX 2

SPECIFIC ORIGIN REQUIREMENTS

ARTICLE 1. Items included in Chapters 61, 62 and 63, manufactured using materials from third

countries, will be considered as originating in CARICOM Member Countries, provided that:

(a) the materials from third countries must be classified in headings different from the

headings of Chapters 61, 62 and 63;

(b) their production includes materials originating in the CARICOM Member Countries;

and

export value of such products.

ARTICLE 2. Items included in Chapter 64, manufactured using materials from third countries, will

be considered as originating in CARICOM Member Countries, provided that:

(a) a change to headings 64.01-64.06 from any headings except from the headings of

Chapter 64.

(b) their production includes materials originating in the CARICOM Member Countries;

and

export value of such products.