Gazette December 29 2021 - Part A Act 28-35 | Government Printing Department

Act 2021-28: Remediation Agreements (Deferred Prosecutions) Act, 2021.

Act 2021-29: Whistleblower Protection Act, 2021.

Act 2021-30: Public Procurement Act, 2021. Act 2021-31: Fair Credit Reporting Act, 2021.

Act 2021-32: Debt Settlement (Arrears) Act, 2021.

Act 2021-33: Facilitation of International Maritime Traﬃc Act, 2021. Act 2021-34: Customs Act, 2021.

Act 2021-35: Constitution (Amendment) (No. 3) Act, 2021.

29th December, 2021

2021-28

REMEDIATION AGREEMENTS (DEFERRED PROSECUTIONS) ACT, 2021-28

Arrangement of Sections

SCHEDULE

OFFENCES IN RESPECT OF WHICH REMEDIATION AGREEMENTS MAY BE MADE

BARBADOS

I assent

S. MASON

President of Barbados 23rd December, 2021.

2021-28

An Act to provide for a prosecutor to enter into an agreement to defer prosecution of an alleged offender and impose certain obligations on the offender, where such an agreement would be in the interest of justice.

[Commencement: by Proclamation]

ENACTED by the Parliament of Barbados as follows:

Short title

1.

This Act may be cited as the Remediation Agreements (Deferred

Prosecutions) Act, 2021.

Interpretation

In this Act“alleged offence” means an offence specified in paragraph 1 of the Schedule; “alleged offender” means a person whom the prosecutor is consideringprosecuting for an alleged offence;“expiry date”, in relation to a remediation agreement, means the date on which the agreement ceases to have effect where it has not already been terminated under section 12;“prosecutor” means the Director of Public Prosecutions or the Director General of the Anti-Corruption and Anti-Terrorism Agency established by section4 of the Anti-Corruption and Anti-Terrorism Agency Act, 2021 (Act 2021- ), as the case may be;“publish” means to publish in the Official Gazette;“remediation agreement” has the meaning assigned to it by section 4.
Objectives of Act3.(a)(b)
(c)The objectives of this Act areto encourage the voluntary disclosure of wrongdoing;to hold persons accountable for wrongdoing through effective, proportionate and dissuasive penalties;to impose an obligation on persons who engage in wrongdoing to implement corrective measures and promote a culture of compliance;
1. to reduce the negative consequences of wrongdoing for persons such as employees and customers who did not engage in the wrongdoing; and
2. to provide reparation for harm done as a result of wrongdoing.

Making of remediation agreement ‌

4.(1)

For the purposes of this Act, a remediation agreement means an

agreement between the prosecutor and an alleged offender in which

the alleged offender agrees to comply with the requirements imposed by the agreement; and
the prosecutor agrees that, upon approval of the agreement by the High Court pursuant to section 11, section 5 shall apply in relation to the prosecution of the alleged offender for the alleged offence.

In determining whether to enter into a remediation agreement, theprosecutor shall have regard to the objectives of this Act.
The prosecutor shall not enter into a remediation agreement with an allegedoffender unless the prosecutor is of the opinion that
1. there is a reasonable prospect of conviction with respect to the alleged offence;
2. the act that forms the basis of the alleged offence
  1. did not cause, and was not likely to have caused, serious bodily harm or death;
  2. did not prejudice national defence or national security;
  3. was not committed for the benefit of, at the direction of, or in association with, a terrorist or terrorist organisation; and
3. entering into the agreement with the alleged offender is likely to be in the interest of justice.
In determining whether a remediation agreement is likely to be in theinterest of justice, the following factors shall be taken into account:
1. the circumstances in which the act that forms the basis of the alleged offence was brought to the attention of the investigative authorities;
2. the nature and gravity of the act and its impact on any victim;
3. the degree of involvement of senior officers, if any, of the alleged offender in the act;
4. whether the alleged offender has
  1. taken disciplinary action, including termination of employment, against any person who was involved in the act;
  2. made reparation or taken other measures to remedy the harm caused by the act and to prevent the commission of similar acts;
  3. identified, or expressed a willingness to identify, any person involved in wrongdoing related to the act; or
  4. entered into a previous remediation agreement or other settlement, in Barbados or elsewhere, for similar acts;
5. whether the alleged offender or any representatives of the alleged offender
  1. was convicted of an offence or sanctioned by a regulatory authority; or
  2. is alleged to have committed any other offences, including offences not listed in the Schedule; and
6. any other relevant factor.
The prosecutor may enter into a remediation agreement with an allegedoffender at any time before the institution of criminal proceedings for an alleged offence.
For the purpose of subsection (5), proceedings shall be taken to have been

instituted for an alleged offence when a person is charged with the offence.

Effect of remediation agreement on court proceedings ‌

5. Where the prosecutor and an alleged offender enter into a remediation

agreement, no person shall prosecute the alleged offender for the alleged offence at any time when the agreement is in force.

Eligibility to enter into remediation agreement

6.(1)

(2)

Any alleged offender may enter into a remediation agreement.

Where a remediation agreement is to be entered into by

(a) a partnership

(i) the agreement must be entered into in the name of the partnership, and not in that of any of the partners; and

(ii) any money payable under the agreement must be paid out of the funds of the partnership;

(b) an unincorporated association

(i) the agreement must be entered into in the name of the association, and not in that of any of the members; and

(ii) any money payable under the agreement must be paid out of the funds of the association.

Notice regarding negotiation of remediation agreement

7.(1)

Where the prosecutor wishes to negotiate a remediation agreement,

the prosecutor shall give the alleged offender written notice of the offer to enter into negotiations.

A notice referred to in subsection (1) shall include(a)
(b)(c)(d)
(e)
(f)
(g)
(h)
(i)
(j)a brief description of the alleged offence to which the agreement would apply;an indication of the voluntary nature of the negotiation process; a statement on the legal effect of the agreement;an indication that, by agreeing to the terms of the notice, the alleged offender explicitly waives the inclusion of the negotiation period and the period during which the agreement is in force in any assessment of the reasonableness of the delay in instituting proceedings for the alleged offence;an indication that negotiations must be conducted in good faith and that the alleged offender must provide all information requested by the prosecutor that the alleged offender is aware of or can obtain through reasonable efforts, including information enabling the identification of any person involved in the act that forms the basis of the alleged offence or any wrongdoing related to that act;an indication of how the information disclosed by the alleged offender during the negotiations may be used in accordance with section 16;a warning that knowingly providing inaccurate, misleading or incomplete information during the negotiations may lead to the institution of proceedings for the alleged offence or prosecution for obstruction of justice;an indication that either party may withdraw from the negotiations by providing written notice to the other party;an indication that reasonable efforts must be made by both parties to identify any victim of the alleged offence as soon as practicable; anda deadline to accept the offer to negotiate in accordance with the terms of the notice.
Content of remediation agreement8.(1)
(a)
(b)
(c)(d)
(e)
(f)
(g)A remediation agreement shall includea statement of facts relating to the alleged offence, which may include admissions made by the alleged offender, and an undertaking by the alleged offender not to make or condone any public statement that contradicts those facts;an indication of the use that can be made of information obtained as a result of the agreement in accordance with section 16;a statement on the legal effect of the agreement;an indication of the obligation of the alleged offender to report on the implementation of the agreement to the prosecutor, or such independent monitor as the prosecutor may appoint for the purpose, and an indication of the manner in which the report is to be made, and any other terms with respect to reporting;a statement that the agreement may be varied in accordance with section 13;a warning that the breach of any term of the agreement may lead to an application by the prosecutor for termination of the agreement and the institution of proceedings against the alleged offender for the alleged offence; andan expiry date.
1. A remediation agreement may include a requirement for an allegedoffender to
  1. pay a financial penalty to the Court;
  2. compensate victims of the alleged offence;
  3. donate money to a charity or other third party;
  4. disgorge any profits made by the alleged offender from the alleged offence;
  5. implement a compliance programme or make changes to an existing compliance programme relating to the policies of the alleged offender or to the training of the employees of the alleged offender or both;
  6. co-operate in any investigation related to the alleged offence;
  7. pay any reasonable costs associated with the alleged offence or the agreement; or
  8. comply with any other appropriate obligation.
2. A remediation agreement may provide time limits within which the alleged

offender must comply with the requirements imposed.

Code on remediation agreements

9.(1)

(a)

(b)

The Minister may by Order issue a code giving guidance on

the general principles to be applied in determining whether a remediation agreement is likely to be appropriate in a given case; and

the disclosure of information by the prosecutor to an alleged offender in the course of negotiations for a remediation agreement and after such an agreement has been made.

The code may, in addition to the matters set out in subsection (1), provideguidance on any other relevant matter including
1. the use of information obtained by the prosecutor in the course of negotiations for a remediation agreement;
2. the variation of the agreement;
3. the termination of the agreement and the steps that may be taken by the prosecutor following such termination; and
4. the steps that may be taken by the prosecutor where the prosecutor suspects that the agreement has been breached.
The prosecutor shall take account of the code in exercising his functionsunder this Act.
Preliminary hearing for court approval of remediation agreement‌10.(1)After the commencement of negotiations between the prosecutor andan alleged offender in respect of a remediation agreement but before the terms of the agreement are agreed, the prosecutor shall apply to the High Court for a declaration that
1. entering into a remediation agreement with the alleged offender is likely to be in the interest of justice; and
2. the proposed terms of the agreement are fair, reasonable and proportionate to the gravity of the alleged offence.

The court shall give reasons for its decision to make, or not to make, adeclaration under subsection (1).
The prosecutor may make a further application to the court for a declarationunder subsection (1) where, following the previous application, the court declined to make a declaration.
A hearing at which an application under this section is determined shall beheld, any declaration under subsection (1) shall be made, and the reasons referred to in subsection (2) shall be given, in camera.
Final hearing for court approval of remediation agreement‌11.(1)Where the prosecutor and an alleged offender have agreed the termsof a remediation agreement, the prosecutor shall apply to the High Court for a declaration that
1. the remediation agreement is in the interest of justice; and
2. the terms of the agreement are fair, reasonable and proportionate to the gravity of the alleged offence.

Notwithstanding subsection (1), the prosecutor shall not make anapplication under subsection (1) unless the court has made a declaration under section 10(1).
A remediation agreement comes into force only when it is approved by thecourt making a declaration under subsection (1).
The court shall give reasons for its decision to make, or not to make, adeclaration under subsection (1).
A hearing at which an application under this section is determined may beheld in camera.
Notwithstanding subsection (5), where the court decides to approve aremediation agreement and make a declaration under subsection (1) the court shall do so, and give its reasons, in open court.
Where the court approves a remediation agreement, the prosecutor shallpublish(a)(b)
(c)
(d)
the fact that the agreement has been made;the declaration of the court under section 10 and the reasons for its decision to make the declaration;where the court initially declined to make a declaration under section 10, the reasons for that decision; andthe declaration of the court under this section and the reasons for its decision to make the declaration,unless the prosecutor is prevented from doing so by any other enactment or by an order of the court under section 15.
Breach of remediation agreement‌12.(1)Where a remediation agreement is in force and the prosecutor believesthat the alleged offender has failed to comply with the terms of the agreement,
the prosecutor may make an application to the High Court for it to determine the matter.
1. The court shall, on an application referred to in subsection (1), decidewhether, on the balance of probabilities, the alleged offender has failed to comply with the terms of the agreement.
2. Where the court finds that the alleged offender has failed to comply withthe terms of the remediation agreement, the court may
  1. invite the prosecutor and the alleged offender to agree proposals to remedy the failure of the alleged offender to comply; or
  2. terminate the agreement.
3. The court shall give reasons for its decisions under subsections (2) and (3).
4. Where the court decides that the alleged offender has not failed to complywith the terms of the remediation agreement, the prosecutor shall publish the decision of the court and its reasons for that decision, unless the prosecutor is prevented from doing so by any other enactment or by an order of the court under section 15.
5. Where the court invites the prosecutor and the alleged offender to agreeproposals to remedy the failure of the alleged offender to comply with the terms of the remediation agreement, the prosecutor shall publish the decisions of the court under subsections (2) and (3) and the reasons for those decisions, unless the prosecutor is prevented from doing so by any other enactment or by an order of the court under section 15.
6. Where the court terminates a remediation agreement under subsection (3)(b), the prosecutor shall publish
  1. the fact that the remediation agreement has been terminated by the court following a failure by the alleged offender to comply with the terms of the agreement; and
  2. the reasons of the court for its decisions under subsections (2) and (3),
    unless the prosecutor is prevented from doing so by any other enactment or by an order of the court under section 15.
7. Where the prosecutor believes that an alleged offender has failed to complywith the terms of a remediation agreement but decides not to make an application to the court under this section, the prosecutor shall publish details relating to that decision, including the reasons for
  1. the belief of the prosecutor that the alleged offender has failed to comply; and
  2. the decision of the prosecutor not to make an application to the court,

unless the prosecutor is prevented from doing so by any other enactment or by an order of the court under section 15.

Variation of remediation agreement ‌

13.(1)

The prosecutor and an alleged offender may agree to vary the terms

of a remediation agreement where

the High Court has invited the parties to vary the agreement under section 12(3)(a); or
variation of the agreement is necessary to avoid a failure by the alleged offender to comply with its terms in circumstances that were not, and could not have been, foreseen by the prosecutor or the alleged offender at the time that the agreement was made.

Where the prosecutor and an alleged offender have agreed to vary the termsof a remediation agreement, the prosecutor shall apply to the High Court for a declaration that
1. the variation is in the interest of justice; and
2. the terms of the agreement as varied are fair, reasonable and proportionate to the gravity of the alleged offence.
A variation of a remediation agreement only takes effect when it isapproved by the court making a declaration under subsection (2).
The court shall give reasons for its decision on whether or not to make adeclaration under subsection (2).
A hearing at which an application under this section is determined may beheld in camera.
Notwithstanding subsection (5), where the court decides to approve the

variation of a remediation agreement and make a declaration under subsection

(2) it shall do so, and give its reasons, in open court.

Where the court decides not to approve the variation, the prosecutor shallpublish the decision of the court and the reasons for it, unless the prosecutor is prevented from doing so by any other enactment or by an order of the court under section 15.
Where the court decides to approve the variation of a remediation

agreement, the prosecutor shall publish the declaration of the court under this section and the reasons for its decision to make the declaration, unless the prosecutor is prevented from doing so by any other enactment or by an order of the court under section 15.

Proceedings not to be instituted on expiry of remediation agreement ‌

14.(1)

Where a remediation agreement remains in force until its expiry date,

after the expiry of the agreement, subject to subsection (2), no proceedings shall be instituted against the alleged offender for the alleged offence.

Subsection (1) does not prevent proceedings from being instituted againstan alleged offender where, after a remediation agreement has expired, the prosecutor finds that, during the course of the negotiations for the agreement
1. the alleged offender provided inaccurate, misleading or incomplete information to the prosecutor; and
2. the alleged offender knew or ought to have known that the information was inaccurate, misleading or incomplete.
A remediation agreement shall not be treated as having expired for thepurposes of subsection (1) where, on the expiry date specified in the agreement
1. an application made by the prosecutor under section 12 has not yet been decided by the court;
2. following an application under section 12 the court has invited the parties to agree proposals to remedy the failure of the alleged offender to comply with the remediation agreement, but the parties have not yet reached an agreement; or
3. the parties have agreed proposals to remedy the failure of the alleged offender to comply with the agreement following an invitation of the court under section 12(3)(a) but the alleged offender has not yet complied.
In the case referred to in
1. subsection (3)(a), where the court
  1. decides that the alleged offender has not failed to comply with the terms of the remediation agreement or that the alleged offender has failed to comply, but does not take action under section 12(3), the agreement shall be treated as expiring when the application is decided;
  2. terminates the remediation agreement, the agreement shall be treated as not having remained in force until its expiry date, and subsection (1) therefore does not apply;
  3. invites the parties to agree proposals to remedy the failure of the alleged offender to comply the remediation agreement, the remediation agreement shall be treated as expiring when the parties have reached such an agreement and the alleged offender has complied with it;
2. subsection (3)(b), the remediation agreement shall be treated as expiring when the parties have reached an agreement and the alleged offender has complied with it; and
3. subsection (3)(c), the remediation agreement shall be treated as expiring when the alleged offender complies with the agreement.
Where, by virtue of subsection (1), no proceedings can be instituted againstthe alleged offender for the alleged offence, the prosecutor shall publish
1. the fact that the remediation agreement has expired; and
2. details of the compliance of the alleged offender with the agreement,

unless the prosecutor is prevented from doing so by any other enactment or by an order of the court under section 15.

Postponement of publication of information by prosecutor ‌

15. The High Court may order that the publication of information by the

prosecutor under section 11(7),12(5), (6), (7) or (8), 13(7) or (8) or 14(5) be postponed for such period as the court considers necessary if it appears to the court that postponement is necessary for avoiding a substantial risk of prejudice to the administration of justice in any legal proceedings.

Use of material in criminal proceedings ‌

16.(1)

Where a remediation agreement between the prosecutor and an alleged

offender has been approved by the High Court under section 11, the statement of facts contained in the agreement shall, in any criminal proceedings brought against the alleged offender for the alleged offence, be treated as an admission by the alleged offender.

Where the prosecutor and an alleged offender have entered intonegotiations for a remediation agreement but the agreement has not been
approved by the court under section 11, material described in subsection (4) shall only be used in evidence against the alleged offender on a prosecution for
1. an offence consisting of the provision of inaccurate, misleading or incomplete information; or
2. some other offence where in giving evidence the alleged offender makes a statement inconsistent with the material.
Notwithstanding subsection (2)(b), material shall not be used against analleged offender by virtue of subsection (2)(b) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of the alleged offender in the proceedings arising out of the prosecution.
The material referred to in subsection (2) is
1. material that shows that the alleged offender entered into negotiations for a remediation agreement, including in particular
  1. any draft of the agreement;
  2. any draft of a statement of facts intended to be included in the agreement; and
  3. any statement indicating that the alleged offender entered into such negotiations; and
2. material that was created solely for the purpose of preparing the agreement or statement of facts.

Limitation periods

The running of a limitation period in respect of any offence to whicha remediation agreement applies is suspended while the agreement is in force.
Money received by prosecutor under remediation agreement
Any money received by the prosecutor under a term of a remediationagreement that provides for an alleged offender to pay a financial penalty to the
Court or to disgorge profits made from an alleged offence shall be paid into the Consolidated Fund.
Reports to Parliament
The Minister shall, within 3 months of the end of each year, cause tobe laid in Parliament a report of the remediation agreements made, varied, breached and terminated during the year.
Application of Act
This Act applies in relation to conduct occurring before thecommencement of this Act as if an alleged offence included any corresponding offence under the law in force at the time of the conduct.
Amendment of Schedule
The Minister may by Order subject to negative resolution amend theSchedule by
1. adding an offence; or
2. removing an offence.
  Regulations
The Minister may make Regulations for giving effect to this Act.

Transitional provision

23.(1)

Conduct constituting an alleged offence that occurred before the

relevant commencement day may be taken into account for the purposes of this Act.

In this section, “relevant commencement day” means
1. where the alleged offence is an offence that is specified in the Schedule when this Act comes into effect, the day on which this Act comes into effect;
2. where the alleged offence is an offence that is subsequently added to the Schedule, the day on which the enactment adding the offence to the Schedule comes into effect.

Commencement

This Act comes into effect on a day to be fixed by Proclamation.
SCHEDULE
(Sections 2, 21 and 23)OFFENCES IN RESPECT OF WHICH REMEDIATION AGREEMENTS MAY BE MADE
1.following:A remediation agreement may be entered into in respect of the(a)
(b)(c)
2.an offence under Part II of the Prevention of Corruption Act, 2021(Act 2021- );an offence under section 3, 15 or 18 of the Theft Act, Cap. 155;any ancillary offence relating to an offence specified in this paragraph.
For the purpose of paragraph 1(c), “ancillary offence” in relation toan offence specified in paragraph 1 means
1. aiding, abetting, counselling or procuring the commission of the offence; or
2. attempting or conspiring to commit the offence.

29th December, 2021

2021-29

WHISTLEBLOWER PROTECTION ACT, 2021-29

Arrangement of Sections PART I PRELIMINARY

Short title
Interpretation
Application of Act
PART II DISCLOSURES
Disclosure to Disclosure Receiving Authority
Disclosure to employer
Special procedure for matters relating to national security etc.
Legal professional privilege
Content and form of disclosure
Anonymous disclosures
Disclosure procedures
Disclosure receiving officers
2 WHISTLEBLOWER PROTECTION ACT, 2021-29
Protected disclosures
PART III RECEIVING, INQUIRING INTO AND OTHERWISE DEALING WITH DISCLOSURES
Duty to receive and inquire into disclosures
Right to refuse; duty to refer
Disclosure Monitoring Authority
PART IV PROTECTION OF WHISTLEBLOWERS ETC.
Prohibition against detrimental action
Presumption of detrimental action resulting from disclosure
Immunity from civil, criminal and disciplinary proceedings
No immunity where whistleblower was perpetrator or accomplice
Prohibition of disclosure of information to identify whistleblower
Civil remedies for detrimental action
Other remedies not affected
Protection of associated persons, wrongly identified persons etc.
WHISTLEBLOWER PROTECTION ACT, 2021-29 3PART V MISCELLANEOUS
Provisions for non-disclosure void
Confidentiality
Offences and penalties
Amendment of First Schedule
Regulations
Act binds the Crown
Consequential Amendments
Commencement

FIRST SCHEDULE DISCLOSURE RECEIVING AUTHORITIES

SECOND SCHEDULE

Consequential Amendments

BARBADOS

I assent

S. MASON

President of Barbados 23rd December, 2021.

2021-29

An Act to deter and combat corruption and other improper conduct by encouraging and facilitating disclosures of such conduct, protecting the persons who make such disclosures and regulating the receipt, investigation and other treatment of such disclosures.

[Commencement: by Proclamation]

ENACTED by the Parliament of Barbados as follows:

PART I PRELIMINARY

Short title 1.

This Act may be cited as the Whistleblower Protection Act, 2021.

Interpretation

In this Act,“appointed day” means the date of commencement of this Act; “associated person” means a person who
1. provides or attempts to provide supporting information in respect of a disclosure or otherwise assists or attempts to assist a whistleblower; or
2. is a member of the family of a whistleblower;“detrimental action” means any act that results in a person being(a)(b)(c)(d)(e)(f)(g)
  (h)(i)harassed, intimidated or victimized;unfairly denied appointment to any employment, profession or office; unfairly subjected to disciplinary action;unfairly dismissed, suspended or demoted; transferred against his will;unfairly refused transfer or promotion;subject to a term or condition of employment or retirement from employment that has been altered to his disadvantage;unfairly provided with an adverse reference or refused a reference; threatened with any of the actions specified in paragraphs (a) to (h); or
  (j) otherwise adversely affected in respect of his employment, profession or office, including in respect of employment opportunities and job security,or in a person otherwise suffering injury, loss or damage, whether personally or in relation to his family life, career, employment, profession, office, trade or business;“disclosure” means a disclosure of information which shows, or potentially shows, that improper conduct has occurred, is occurring or is likely to occur;“Disclosure Monitoring Authority” means the authority designated as such under section 15(1) for the purposes of this Act;“disclosure procedures” means the procedures described in section 10(1); “Disclosure Receiving Authority” means a person specified in the FirstSchedule;“document” includes
  1. anything on which there is writing;
  2. a map, plan, drawing or photograph; and
  3. any information recorded or stored by means of any tape recorder, computer or other device, and any material subsequently derived from the information so recorded or stored;
  “employee” has the meaning assigned to it by section 2(1) of the Employment Rights Act, 2012 (Act 2012-9);“employer” has the meaning assigned to it by section 2(1) of the Employment Rights Act, 2012 (Act 2012-9);“improper conduct” includes any(a) criminal offence;
  (b)
  (c)(d)(e)(f)
  (g)
  (h)
  (i)
  (j)(k)failure to carry out a legal obligation, other than one arising under an employee’s contract of employment whereby the employee undertakes to perform personally any work or services;conduct that is likely to result in a miscarriage of justice; conduct that is likely to threaten the health or safety of a person; conduct that is likely to threaten or damage the environment;conduct that shows gross mismanagement, negligence, impropriety or misconduct in the carrying out of any activity that involves the use of public funds;act of reprisal against, or victimization of, a whistleblower, an associated person or a person mistakenly perceived or identified as a whistleblower or an associated person;conduct that tends to show unfair discrimination, whether under the Employment (Prevention of Discrimination) Act, 2020 (Act 2020-26) or otherwise;other conduct that represents a significant threat or harm to the public interest;wilful concealment of any act described in paragraphs (a) to (i); orwilful concealment or destruction of any information tending to show that any act described in paragraphs(a)to(i) has been, is being or is likely to be committed;“persons exercising public functions” includes
  1. public officers;
  2. members, chief executive officers, managers, directors and employees of state-owned enterprises; and
  3. any other person who holds a legislative, executive, administrative or judicial office in the Government of Barbados, whether appointed or elected, permanent or temporary, paid or unpaid;
  “privileged information” means
  1. communications between an attorney-at-law and his client or any person representing his client, made in connection with the giving of legal advice to the client;
  2. communications between an attorney-at-law and his client or any person representing his client, or between such an attorney-at-law or his client or any such representative and any other person, made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and
  3. materials enclosed with or referred to in such communications and made
    1. in connection with the giving of legal advice; or
    2. in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,
  when the communications or materials are in the possession of a person who is entitled to such possession and are not held with the intention of furthering a criminal purpose;“protected disclosure” means a disclosure described in section 12; “public body” means
  1. a Ministry, department, agency or other authority of Government;
  2. a state-owned enterprise;
  “state-owned enterprise” means
  1. a statutory board;
  2. a company that is substantially owned and effectively controlled by the Government;
  “whistleblower” means any person who is personally aware of improper conduct and who intends or attempts to make, makes or has made, a disclosure.
  Application of Act
This Act applies to any disclosure made after the appointed day,notwithstanding that
1. the conduct to which the disclosure relates may have occurred before the appointed day;
2. the whistleblower is not able to identify a particular person to whom the disclosure relates.

PART II DISCLOSURES

Disclosure to Disclosure Receiving Authority ‌

4.(1)

Authority.

A whistleblower may make a disclosure to any Disclosure Receiving

Where a whistleblower makes a disclosure to a Disclosure ReceivingAuthority, the whistleblower shall ensure, as far as practicable, that the matter to which the disclosure relates falls within the area of responsibility of the Disclosure Receiving Authority.
Notwithstanding subsection (2), a whistleblower shall not be denied the

protection afforded by Part IV merely on the basis that he made a disclosure to a Disclosure Receiving Authority of a matter that does not fall within the area of responsibility of the Disclosure Receiving Authority.

Disclosure to employer ‌

Without prejudice to the generality of section 4, a whistleblower whois an employee may, where the improper conduct he wishes to disclose relates to his employment or to the business of his employer, make the disclosure to his employer.
Special procedure for matters relating to national security etc.‌
Notwithstanding sections 4 and 5, a whistleblower who wishes todisclose a matter that would prejudice the national security, defence or international relations of Barbados shall make the disclosure to the Minister responsible for the matter or to the Prime Minister or to both.
Legal professional privilege
For the avoidance of doubt, nothing in this Act authorizes thedisclosure of information that is protected by legal professional privilege.
Content and form of disclosure‌8.(1)A disclosure may be made orally or in writing and shall contain, asfar as practicable, the following information:
1. the full name, address and occupation of the whistleblower;
2. details of the improper conduct in respect of which the disclosure is made;
3. the name of the person alleged to have committed, to be committing or to be about to commit the improper conduct;
4. the time and place where the improper conduct is alleged to have taken place, to be taking place or to be about to take place;
5. the full name, address and description of a person, if any, who witnessed the commission of the improper conduct;
6. whether the whistleblower made a disclosure of the same or of some other improper conduct on a previous occasion and, if so, about whom and to whom the disclosure was made; and
7. where the whistleblower is an employee making a disclosure about his employer or a fellow employee, whether the whistleblower remains in the same employment.

Where a disclosure is made orally, the person who receives the disclosureshall, within 24 hours of receiving the disclosure, cause the disclosure to be reduced into writing containing the particulars specified in subsection (1).
A disclosure shall be made substantially in accordance with any applicabledisclosure procedure.
A whistleblower shall not be denied the protection afforded by Part IV

merely on the basis of a defect in the form or content of a disclosure.

Anonymous disclosures

9.(1)

Notwithstanding any other provision of this Act, a disclosure may be

made anonymously.

(2) A person who receives an anonymous disclosure shall not refuse to act

upon the disclosure merely on the basis that it was made anonymously.

Disclosure procedures ‌

10.(1)

Every person to whom disclosures may be made under this Act shall

have and implement procedures for the making, receipt, inquiry into and other treatment of such disclosures.

Disclosure procedures shall
1. be set out in writing; and
2. include as a minimum requirement
  1. a list of the Disclosure Receiving Authorities;
  2. a description, in accordance with sections 4, 5 and 6, of the options available for the making of disclosures; and
  3. as far as is practicable, the information specified in section 8,
An employer shall provide his employees with a copy of the disclosureprocedures.
Nothing in this section precludes a person required to establish disclosure

procedures under this Act from implementing other procedures for disclosure that are not inconsistent with this Act.

Disclosure receiving officers

11.(1)

Every director, chief executive officer or other head of a Disclosure

Receiving Authority and every employer shall identify within his organization, at least one individual, to be known as a disclosure receiving officer, who may receive disclosures on behalf of the organization.

Notwithstanding subsection (1), a director, chief executive officer or otherhead of a Disclosure Receiving Authority or an employer may be the disclosure receiving officer.
A disclosure receiving officer shall have the requisite authority and training

to receive, inquire into and otherwise deal with disclosures.

Protected disclosures ‌

12.(1)

A disclosure made or intended or attempted to be made in accordance

with this Part is a protected disclosure.

A disclosure that is privileged information is a protected disclosure.
A whistleblower shall enjoy the protection afforded by Part IV in respectof a protected disclosure he makes or intends or attempts to make.
Notwithstanding subsection (1)
1. a disclosure is not a protected disclosure where the whistleblower commits an offence by making it;
2. a disclosure made anonymously does not become a protected disclosure until the whistleblower identifies himself to the recipient of the disclosure.

PART III

RECEIVING, INQUIRING INTO AND OTHERWISE DEALING WITH DISCLOSURES

Duty to receive and inquire into disclosures

13.(1)

(a)

(b)

A person to whom a disclosure is

made in accordance with section 4, 5 or 6; or referred in accordance with section 14(4),

shall receive and record the disclosure and take appropriate steps to inquire into the disclosure where he considers that the circumstances specified in section 14(2) do not apply and an inquiry should be undertaken.

A person referred to in subsection (1) who determines to inquire into adisclosure shall
1. commence the inquiry forthwith;
2. ensure that the inquiry is carried out fairly;
3. issue to the whistleblower, periodic updates on the inquiry at intervals of no more than 30 days;
4. review the results of the inquiry and report its findings to
  1. the whistleblower;
  2. any other relevant person having regard to the improper conduct and the area of responsibility involved; and
  3. for the avoidance of doubt, the Commissioner of Police, where the findings suggest that the improper conduct is or involves an offence;
5. where appropriate
  1. make recommendations regarding the measures to be taken to remedy the improper conduct;
  2. take steps to remedy the improper conduct, provide redress and reduce any opportunity for recurrence of the conduct; and
  3. take disciplinary action;
6. ensure that the rights of the whistleblower, any witness involved and the person alleged to have committed the improper conduct are protected; and
7. receive, record, review, inquire into and otherwise deal with any complaints made in respect of detrimental action suffered as a result of the disclosure.
A person who receives, inquires into or otherwise deals with a disclosureshall not be liable in any civil, criminal or disciplinary proceedings on account of his receiving, inquiring into or otherwise dealing with the disclosure in accordance with this Act.
Right to refuse; duty to refer‌14.(1)A person to whom a disclosure is made may, in good faith, in any ofthe circumstances set out in subsection (2)
1. refuse to deal with the disclosure or to commence an inquiry into any improper conduct alleged in the disclosure; or
2. cease an inquiry into the disclosure.

The circumstances referred to in subsection (1) are
1. the subject matter of the disclosure or the related inquiry has been adequately dealt with, or could more appropriately be dealt with by another person;
2. the subject matter of the disclosure is frivolous or not sufficiently important to warrant an inquiry; or
3. the circumstances surrounding the subject matter of the disclosure have changed, whether by reason of insufficiency of evidence or otherwise, so as to render the inquiry unnecessary.
Where a person refuses to carry out an inquiry, the person shall providereasons for the refusal in writing to the whistleblower within 15 days of his decision.
Where
1. a disclosure is made to a Disclosure Receiving Authority; and
2. the Disclosure Receiving Authority is not the appropriate person to inquire into the matter disclosed,

the Disclosure Receiving Authority shall forthwith refer the disclosure to such other Disclosure Receiving Authority who, in the opinion of the first mentioned Disclosure Receiving Authority, is the appropriate person to inquire into the matter.

Disclosure Monitoring Authority ‌

15.(1)

The Minister may by Order declare a person to be the Disclosure

Monitoring Authority for the purposes of this Act.

The Disclosure Monitoring Authority shall be responsible for monitoringcompliance with this Act.
In furtherance of his function under subsection (2), the DisclosureMonitoring Authority shall
1. publish such procedural guidelines regarding the making, receiving, inquiring into and other treatment of disclosures, as it considers appropriate;
2. provide such assistance as may be practicable to any person who is
  1. a whistleblower; or
  2. a disclosure receiving officer, Disclosure Receiving Authority, employer or other person subject to the requirements of this Act;
3. on an ongoing basis, plan, implement and monitor public awareness programmes aimed at informing and educating the public, and employees and employers, in particular, about the making of protected disclosures in a responsible manner and about disclosure procedures;
4. review from time to time the disclosure procedures required to be established under this Act and the implementation and operation of such procedures;
5. make recommendations to any person arising from any review under paragraph (d); and
6. where he considers it appropriate to do so initiate an investigation into a disclosure.
The Disclosure Monitoring Authority shall not disclose in any report it

prepares for publication any information that would directly or indirectly identify a whistleblower or any person about whose conduct a disclosure was made.

PART IV

PROTECTION OF WHISTLEBLOWERS ETC.

Prohibition against detrimental action ‌

16.(1)

No whistleblower shall be subjected to detrimental action on account

of his intending or attempting to make, making or having made, a protected disclosure.

Subsection (1) applies notwithstanding any duty of secrecy orconfidentiality or other prohibition or restriction on the disclosure of information under any enactment, rule of law, contract, oath or practice.
An employee who is dismissed on account of his intending or attempting

to make, making or having made, a protected disclosure shall, without prejudice to any other remedy, be treated as having been unfairly dismissed under the Employment Rights Act, 2012 (Act 2012-9).

Presumption of detrimental action resulting from disclosure

17. Where a whistleblower suffers detrimental action at or around the

same time that he makes a protected disclosure, the detrimental action shall be presumed to be a consequence of the protected disclosure unless the person who took, authorized or caused the detrimental action to be taken shows that the act that constitutes the detrimental action is otherwise justified.

Immunity from civil, criminal and disciplinary proceedings

18.(1)

Subject to section 19, a whistleblower shall not be liable in any civil,

criminal or disciplinary proceedings on account of his making a protected disclosure.

Subsection (1) applies notwithstanding any duty of secrecy orconfidentiality or other prohibition or restriction on the disclosure of information under any enactment, rule of law, contract, oath or practice.
The protection afforded to a whistleblower by this Part shall not bediminished or denied on the basis that
1. the whistleblower was mistaken about the significance of the disclosure;
2. any perceived threat to the public interest on which the disclosure was based has not materialised; or
3. the whistleblower has not fully complied with any applicable disclosure procedures, guidelines or regulations made under this Act.

No immunity where whistleblower was perpetrator or accomplice ‌

19.(1)

Subject to subsection (3), nothing in this Part shall prevent the

institution of criminal proceedings against a whistleblower where the whistleblower was the perpetrator of, or an accomplice in, any improper conduct

to which the disclosure relates; and
which constitutes an offence.

Subject to subsections (5) and (6), nothing in this Part shall prevent theinstitution of civil or disciplinary proceedings against a whistleblower where the proceedings arise from conduct of the whistleblower, other than the making of a protected disclosure.
In any criminal proceedings instituted against a whistleblower on the basisthat the whistleblower was the perpetrator of, or an accomplice in, the improper conduct disclosed by the whistleblower, the court shall, in giving its judgment or decision, take into due account
1. the fact that the disclosure was made by the whistleblower; and
2. whether the whistleblower has assisted members of the Police Force in apprehending any other person involved in the commission of an offence,
  and the punishment of the whistleblower may be mitigated or remitted as the court thinks fit.
Where the court acts under subsection (3), the court shall expressly referto that subsection in its judgment or decision.
In any civil proceedings instituted against a whistleblower on the basis thatthe whistleblower was the perpetrator of, or was an accomplice in, the improper conduct disclosed by the whistleblower, the court may, where it finds that the whistleblower is responsible for the payment of damages, only hold the whistleblower liable for such part of the damage as he may have caused and not hold him liable jointly and severally with others.
Where a whistleblower is an employee of a public body and disciplinaryproceedings are instituted against him on the basis that he was the perpetrator of, or an accomplice in, the improper conduct disclosed by him, the public body shall
1. endeavour to mitigate the effects of any punishment; and
2. where possible, not seek the dismissal of the whistleblower as punishment.

Prohibition of disclosure of information to identify whistleblower

20.(1)

No disclosure receiving officer or Disclosure Receiving Authority to

whom a protected disclosure is made or referred shall disclose information that identifies, or may lead to the identification of, the whistleblower, unless the whistleblower expressly consents in writing to the disclosure of that information.

A disclosure receiving officer shall not communicate the contents of adisclosure to any other person whether within or outside his organization that is not directly involved in receiving, inquiring into or otherwise dealing with disclosures, unless he first inquires into the disclosure and establishes that it is necessary or expedient in the public interest for further investigation to be carried out by the person or by members of the Police Force or any other body with investigative, prosecutorial or regulatory powers in relation to any improper conduct which constitutes an offence or other breach of law.
The Disclosure Monitoring Authority may issue guidelines setting out
1. the duties of communication between Disclosure Receiving Authorities and whistleblowers and the restrictions thereon; and
2. the rules for disclosure to
  1. persons within Disclosure Receiving Authorities who are not directly involved in receiving, inquiring into or otherwise dealing with disclosures; and
  2. other Disclosure Receiving Authorities.

Civil remedies for detrimental action

21.(1)

A whistleblower who believes that detrimental action has been, is

being or is likely to be taken against him in breach of section 16 may apply to the High Court for

an order requiring the person who has taken the detrimental action to remedy the action;
an injunction; or
any other relief that the court thinks fit.

The High Court may, pending the final determination of an applicationunder this section
1. make an interim order;
2. grant an interim injunction; or
3. grant any other relief it thinks fit.
Where, in determining an application under subsection (2), the High Courtis satisfied that a person has taken, is taking or intends to take detrimental action against a whistleblower in breach of section 16, the High Court may
1. order the person who took the detrimental action to remedy the action and determine the amount of damages due to the whistleblower;
2. grant an injunction on such terms as the court considers appropriate; or
3. grant any other relief it thinks fit.
A whistleblower who suffers detrimental action on account of his intending

or attempting to make, making or having made, a protected disclosure shall, without prejudice to any other right under any other law, have a right to compensation for any loss or damage sustained as a consequence of the detrimental action.

Other remedies not affected

Nothing in this Act affects the right of a whistleblower who believesthat, on account of his intending or attempting to make, making or having made a protected disclosure, he has been, is being, or is likely to be, subjected to detrimental action, to seek redress for such action under any other law.
Protection of associated persons, wrongly identified persons etc.23.(1)An associated person who suffers detrimental action on account of hisassociation with a whistleblower shall enjoy the same protection as a whistleblower under this Part.
1. A person who suffers detrimental action on account of his being perceivedas or wrongly identified as a whistleblower shall enjoy the same protection as a whistleblower under this Part.
2. This Part applies to a person described in subsections (1) and (2) as itapplies to a whistleblower.
  PART V MISCELLANEOUSProvisions for non-disclosure void
  1. Any provision in an agreement which precludes a person from makinga protected disclosure or purports to require a person to
    1. agree not to make a disclosure under this Act during or after his period of employment;
    2. refrain from instituting any proceedings under this Act; or
    3. withdraw or abandon any disclosure made or proceedings instituted under this Act,

is void and of no effect.

Confidentiality

25.(1)

Every person who receives, inquires into or otherwise deals with a

disclosure shall regard and treat as secret and confidential

the disclosure and the identity of the whistleblower; and
any statement given, or information or other thing provided, to the person in connection with the disclosure.
1. A person who contravenes subsection (1) is guilty of an offence and isliable on summary conviction to a fine of $200 000 or to imprisonment for 2 years or to both.
2. For the avoidance of doubt, any statement given or information or otherthing provided in furtherance of an investigation or any legal or disciplinary proceedings shall not be regarded as being inconsistent with subsection (1).
  Offences and penalties26.(1)(a)
  (b)A person whoprevents or restrains another person from making a protected disclosure or hinders such a person in the making of such a disclosure;subjects another person to detrimental action on account of
  1. his intending or attempting to make or making a protected disclosure; or
  2. his being an associated person or mistakenly perceived or identified as a whistleblower;
refuses, in bad faith, to receive a disclosure or to carry out an inquiry in relation to a disclosure;
purports to make a disclosure knowing that it contains a statement that is false or misleading, or reckless as to whether the statement is false or misleading;
induces another person by threats, promises or otherwise to
1. prevent or restrain another person from making a protected disclosure or hinder such a person in the making of such a disclosure;
2. subject another person to detrimental action on account of the other person’s
  1. his intending or attempting to make or making a protected disclosure; or
  2. his being an associated person or mistakenly perceived or identified as a whistleblower;
knowing that a document or other thing is relevant to a disclosure or the processing of a disclosure under this Act, destroys, mutilates, alters, falsifies or conceals the document or other thing,

is guilty of an offence.

A person who is guilty of an offence under subsection (1) is liable on
1. summary conviction to a fine of $200 000 or to imprisonment for 2 years or to both; or
2. conviction on indictment to a fine of $500 000 or to imprisonment for 5 years or to both.

Amendment of First Schedule

The Minister may by Order amend the First Schedule.
Regulations
The Minister may make Regulations for giving effect to this Act and,in particular, with respect to
1. disclosure procedures; and
2. the operations of Disclosure Receiving Authorities in respect of their functions under this Act.
  Act binds the Crown
This Act binds the Crown.
Consequential Amendments
The enactment set out in Column 1 of the Second Schedule is amendedto the extent set out opposite thereto in Column 2.
Commencement
This Act comes into operation on a day to be fixed by Proclamation.

FIRST SCHEDULE

(Sections 2 and 27)

DISCLOSURE RECEIVING AUTHORITIES

Disclosure Monitoring Authority
Director, Anti-Corruption and Anti-Terrorism Agency
Police Force
Financial Intelligence Unit
Audit Department
Barbados Revenue Authority
Government Procurement Department
Central Bank of Barbados
Financial Services Commission
Fair Trading Commission
Environmental Protection Department
Town Planning Department
Labour Department
Ombudsman
Chief Medical Officer

SECOND SCHEDULE
(Section 30)
CONSEQUENTIAL AMENDMENTS
Column 1
Enactments
1. Employment Rights Act, 2012 (Act 2012-9).

Column 2

Amendments

In section 2(1), insert in alphabetical order, the following definition:
“ “protected disclosure” has the meaning given by section 2 of the Whistleblower Protection Act, 2021 (Act 2021- );”.
In section 30(1),
1. in paragraph (d), delete the full-stop and substitute the words “; or”; and
2. insert after paragraph (d), the following:
  “(e) the reason for the dismissal is that the employee made, or intended or attempted to make, a protected disclosure under the Whistleblower Protection Act, 2021 (Act 2021- ).”.
  29th December, 20212021-30
  PUBLIC PROCUREMENT ACT, 2021-30
  Arrangement of Sections PART I PRELIMINARY

FIRST SCHEDULE

PROTOCOL ON PUBLIC PROCUREMENT FOR THE CARIBBEAN COMMUNITY

SECOND SCHEDULE TENDERS COMMITTEES

THIRD SCHEDULE

PUBLIC PROCUREMENT TRIBUNAL

FOURTH SCHEDULE CONSEQUENTIAL AMENDMENTS

BARBADOS

I assent

S. MASON

President of Barbados 23rd December, 2021.

2021-30

An Act to regulate public procurement and in particular to promote integrity, fairness, transparency, value for money and efficiency in public procurement.

[Commencement: by Proclamation]

ENACTED by the Parliament of Barbados as follows:

PART I PRELIMINARY

Short title 1.

This Act may be cited as the Public Procurement Act, 2021.

Interpretation

In this Act,“accounting officer” has the meaning assigned to it by section 2 of the Public Finance Management Act, 2019 (Act 2019-1);“coercive practice” means harming or threatening to harm, directly or indirectly, a person or the property of a person, so as to influence participation or a decision in procurement proceedings or affect the execution of a procurement contract or framework agreement;“collusive practice” means a scheme or arrangement between 2 or more suppliers, with or without the knowledge of a procuring entity, designed to establish submissions at prices that are artificial or non-competitive and includes a scheme or arrangement for price-fixing and bid-rigging as described in sections 33 and 35, respectively, of the Fair Competition Act, Cap. 326C;“commercial state-owned enterprise” has the meaning assigned to it by section 2 of the Public Finance Management Act, 2019 (Act 2019-1);“common item” means a good or service that is regularly required by more than one procuring entity but does not include a drug;“conflict of interest” means a situation in which the personal interest of a person or that of a close relative of the person, might be furthered, directly or indirectly, from the official actions of the person or in which the personal interest of the person or that of a close relative, might prevent the person from acting impartially and in the public interest;
“contract management record” means the record required to be kept pursuant to section 106(1)(b);“corrupt practice” means the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the action of an officer in procurement proceedings or in the execution of a procurement contract or framework agreement;“day” does not include a Saturday, Sunday or public holiday; “Director” means the Director of Finance and Economic Affairs;“drug” has the meaning assigned to it by section 2 of the Pharmacy Act, Cap. 372D;“force majeure” means an event that is beyond the reasonable control of a person and which makes the person’s performance of his obligations impossible or so impractical as to be reasonably considered to be impossible in the circumstances;“framework agreement” means an agreement that is executed with a supplier upon completion of the first stage of a framework agreement procedure and sets out the terms under which the supplier will enter into a procurement contract during the period to which the agreement relates;“framework agreement procedure” means a procedure conducted in two stages- a first stage to select a supplier to be a party to a framework agreement and a second stage to award a procurement contract to a supplier who is a party to the agreement;“fraudulent practice” means the misrepresentation or omission of facts in order to influence procurement proceedings or the execution of a procurement contract or framework agreement;“head of a procuring entity” means in relation to
1. a procuring entity that is a state-owned enterprise, the chief executive officer or other officer who holds a similar position in the entity;
2. a commercial state-owned enterprise, the chief executive officer or other officer who holds a similar position in the entity;
3. any other procuring entity, the accounting officer of the entity;

“medical practitioner” has the meaning assigned to it by section 2 of the Medical Profession Act, 2011 (Act 2011-1);

“Minister” means the Minister with responsibility for Finance;

“officer”, in relation to a procuring entity, means a public officer or other employee, including a temporary employee, and a chief executive officer and, where the entity is managed or governed by a board or other similar body, the members of the board or other body, as the case may be;

“open framework agreement” means a framework agreement to which any supplier, in addition to the initial parties, may subsequently become a party;

“open tendering” means tendering in response to a solicitation to the public at large;

“pharmacist” has the meaning assigned to it by section 2 of the Pharmacy Act , Cap. 372D;

“pre-qualification document” means a document issued by a procuring entity that sets out the terms and conditions of pre-qualification proceedings;

“procurement contract” means a contract between a procuring entity and a supplier in respect of a procurement;

“procurement record” means the record required to be kept pursuant to section 106(1)(a);

“procuring entity” means every

ministry, department, agency, organ, unit or other authority of Government;
state-owned enterprise; and
commercial state-owned enterprise,

whether or not it uses public money;

“proponent” means a person who submits an unsolicited proposal;

“Protocol” means the Protocol on Public Procurement for the Caribbean Community signed by Barbados on 27th February, 2019 at Basseterre, St. Kitts and Nevis, the text of which is set out in the First Schedule;

“public money” has the meaning assigned to it by section 2 of the Public Finance Management Act, 2019 (Act 2019-1);

“public officer” has the meaning assigned to it by section 2 of the Public Service Act , Cap. 29;

“public-private partnership” means an arrangement governed by a long term procurement contract between a procuring entity and a private party involving the designing, financing, building and operation of an infrastructure project or the provision of a service through the appropriate sharing of resources, risks and rewards;

“public procurement” or “procurement” means the acquisition of goods, works or services by a procuring entity;

“single-source procurement” means procurement initiated by soliciting one supplier;

“solicitation” means an invitation to tender or to submit quotations or proposals;

“solicitation document” means a document which sets out the terms and conditions of a procurement and is issued by a procuring entity to suppliers to guide their preparation and presentation of submissions;

“standstill period” means the period commencing with the date of dispatch of a successful tender notice pursuant to section 34(1) and ending with such date as a procuring entity determines in accordance with section 34(3) and (4);

“state-owned enterprise” has the meaning assigned to it by section 2 of the Public Finance Management Act, 2019 (Act 2019-1);

“submission” means a tender, quotation or proposal submitted by a supplier in response to a solicitation by a procuring entity or an unsolicited proposal;

“supplier” means a provider of goods, works or services; “Suppliers Register” means the register referred to in section 85(1);

“tenders committee” means the General Tenders Committee, the Drug Tenders Committee or a special tenders committee established by or pursuant to section 7;

“tender security” means a security that a procuring entity requires from a supplier to secure the performance of an obligation relating to a matter referred to in section 21(1)(b) but, for the avoidance of doubt, does not include a security for the performance of a procurement contract;

“Tribunal” means the Public Procurement Tribunal established by section 8; “undue influence” includes any form of pressure brought to bear by an official,

elected or appointed, who is in a position either to provide a benefit to, or

exact punishment against, any person involved in procurement activities or decisions;

“unsolicited proposal” means a proposal for the supply of goods, works or services to a procuring entity, made to the entity otherwise than in response to a solicitation.

Application of Act

3.(1)

(2)

This Act applies to all public procurement. Notwithstanding subsection (1), to the extent that

any other provision of this Act conflicts with the Protocol; or
this Act conflicts with an obligation of the State under or arising out of a treaty or other form of agreement between Barbados and
1. another state, including an agreement for technical or other cooperation;
2. any subdivision or local authority of another state or any other authority of another state; or
3. an international financial institution,

the requirements of the Protocol, treaty or other agreement shall prevail.

PART II ADMINISTRATION

Management of public procurement ‌

The Chief Procurement Officer shall be responsible for themanagement of public procurement.
Functions of Chief Procurement Officer‌5.(1)Without prejudice to the generality of section 4, the Chief ProcurementOfficer shall
1. formulate or recommend for the approval of the Minister, policies and rules on public procurement;
2. formulate or recommend for the approval of the Director, for public dissemination, manuals, standard documents and guidelines to facilitate the implementation and operation of this Act;
3. monitor the operation and performance of the public procurement system, prepare annual reports on the operation and performance of the system and recommend changes to the system where desirable;
4. promote and advise on capacity building in the public procurement system and advise on the professional qualifications and competencies required for officers engaged in procurement proceedings;
5. monitor the procurement proceedings of procuring entities to determine whether such entities are in compliance with this Act;
6. advise the Director and procuring entities on matters relating to public procurement;
7. organize and maintain systems for the management and public dissemination of data, statistics and other information on public procurement; and
8. whether on his own initiative or at the request of the Director, investigate and report to the Director on any procurement proceedings that are suspected to be in violation of this Act.

(2) The Chief Procurement Officer may, in pursuance of his functions and, in

particular, in order to determine whether a procuring entity is in compliance with this Act, inspect the offices, and have access to the records, books and other documents, of the entity, and require from the entity such information as may be necessary for the purpose.

Functions of head of procuring entity ‌

6.(1)

The head of a procuring entity shall ensure that the entity conducts

public procurement in accordance with this Act and performs its functions under this Act in a timely and efficient manner.

Without prejudice to the generality of subsection (1), the head of aprocuring entity shall
1. ensure that
  1. an officer within the entity is designated to coordinate the procurement proceedings of the entity;
  2. officers engaged in procurement proceedings are supervised to prevent embezzlement, fraud, carelessness or the waste of resources;
  3. appropriately skilled persons are assigned to
    1. prepare statements of requirements and perform other functions relevant to procurement proceedings; and
    2. sit on evaluation committees; and
  4. appropriately qualified persons provide technical input into the procurement proceedings; and
2. before a procurement is initiated, confirm that funds are available to conduct the procurement.
The head of a procuring entity may, in writing, delegate to another officerof the entity on such conditions as he may determine, any of the duties set out in subsections (1) and (2), but such a delegation does not relieve the head of the entity of his responsibility under this Act.
Tenders committees‌7.(1)There is established a committee, to be known as the General TendersCommittee, which shall, in respect of procurement by means of open tendering and restricted tendering
1. review and, where appropriate, approve pre-qualification documents, solicitation documents, notices and shortlists of suppliers and any amendments thereto prior to their issue;
2. determine whether to grant extensions of deadlines where so requested by procuring entities;
3. conduct and record openings of tenders;
4. consider evaluation reports and recommendations by procuring entities as to which tenders should be accepted as successful tenders; and
5. consider recommendations by procuring entities to cancel particular procurement activities.

There is also established a committee, to be known as the Drug TendersCommittee, which shall, notwithstanding subsection (1), discharge the functions set out in subsection (1) in respect of the procurement of drugs.
Notwithstanding subsection (1), where the State borrows money from aninternational financial institution and the money is to be expended by the State, there shall be established a committee, to be known as a special tenders committee, which shall discharge the functions set out in subsection (1) in respect of procurement arising out of the purpose for which the money is to be expended.
The Second Schedule has effect as to the constitution of the tenderscommittees and otherwise in relation thereto.
Notwithstanding subsections (1) to (4), the chairman of a tenders

committee may, where this Act so provides, discharge a function of the tenders committee on behalf of the committee.

Establishment of Public Procurement Tribunal ‌

8.(1)

There is established a body to be known as the Public Procurement

Tribunal which shall hear and determine matters that come before it pursuant to this Act.

The Tribunal is a body corporate to which section 21 of the Interpretation Act, Cap. 1 applies.
The Third Schedule has effect as to the constitution of the Tribunal and

otherwise in relation thereto.

PART III

PLANNING AND INITIATION OF PROCUREMENT

Planning of procurement

9.(1)

(a)

A procuring entity shall

plan its procurement activities in a rational manner;

aggregate its requirements for goods, works and services, where practicable, to obtain value for money and to reduce the cost of procurement;
prepare and submit to the Chief Procurement Officer by 31st January each year
1. an annual procurement plan; and
2. an estimation of its requirements for goods, works and services,for the next financial year; and
prepare, where requested to do so by the Chief Procurement Officer, an individual procurement plan for any particular procurement identified by the Chief Procurement Officer.

(2) Notwithstanding subsection (1)(c), the Chief Procurement Officer may

permit a procuring entity to submit a procurement plan in respect of a period other than a year.

Publication of forthcoming procurement

10.(1)

A procuring entity shall, prior to a financial year, publish a list of the

procurement activities it plans to conduct during the year.

The list shall
1. contain an indication of the types of goods, works and services likely to be required; and
2. be updated, where necessary, and published every 6 months.
A procuring entity may publish advance notice of any forthcomingprocurement.
Publication under this section does not
1. constitute a solicitation;
2. oblige a procuring entity to issue a solicitation; or
3. confer any rights on suppliers.

Initiation of procurement

11.

(a)

(b)

Procurement shall not be initiated unless

the subject matter of the procurement, the quantity of goods, works or services required and the estimated value of the procurement contract are documented in the procurement record; and

the head of the procuring entity or an officer designated by him for the purpose under section 6, authorizes the initiation of the procurement.

Procurement to be conducted with certain objectives ‌

12.

(a)

(b)

(c)

(d)

Procurement shall be conducted in a manner that

ensures integrity, fairness, transparency and accountability in procurement proceedings;

promotes fair competition among, participation by, and equal treatment of, suppliers;

maximizes economy and efficiency and promotes best value for money; and

promotes sustainable development.

Estimation of value of procurement

13.(1)

(a)

(b)

A procuring entity shall not

divide its procurement activities or value a contract in parts; or

use any valuation method for estimating the value of a procurement,

so as to limit competition among suppliers or otherwise avoid its obligations under this Act.

A procuring entity shall, in estimating the value of a procurement contract,include the estimated maximum total value of the contract or, where a framework
agreement is contemplated, of all procurement contracts envisaged under the agreement over its entire duration, taking into account all forms of remuneration.
Procurement of common items14.(1)Common items shall be procured, at the discretion of the ChiefProcurement Officer, by
1. the Chief Procurement Officer on behalf of procuring entities; or
2. procuring entities under arrangements established for the purpose by the Chief Procurement Officer.

The Chief Procurement Officer
1. shall (i)
  consult with procuring entities in order to determine
  1. which goods and services are common items; and
  2. the estimated need for the items;
    1. distribute to procuring entities every 6 months, a list of items designated as common items;
    2. enter into appropriate contractual arrangements for the procurement of common items; and
    3. issue regularly updated information to procuring entities on the common items available and the prices, delivery times and arrangements established for ordering or obtaining the items; and
2. may utilize warehouses, where appropriate, for the cost-effective storage and distribution of common items.
The Chief Procurement Officer shall, for the purpose of procurement undersubsection (1)(a), operate a bank account into which shall be paid
1. money provided for the procurement of common items;
2. money by way of repayments made by procuring entities in respect of procurement conducted on their behalf; and
3. any other money which he may receive in the course of his official duties.
The Chief Procurement Officer shall pay out of the account referred to in

subsection (3), any amounts due in settlement for common items procured.

Use of agents

The Chief Procurement Officer, or a procuring entity with the approvalof the Chief Procurement Officer, may procure goods or services through an agent, whether local or overseas, where it appears prudent to do so.
PART IV
METHODS OF PROCUREMENT
Selection of method of procurement‌16.(1)(a)A procuring entityshall, subject to subsection (2)(a) and (b), conduct procurement by means of open tendering where the estimated or actual value of the procurement contract equals or exceeds
1. $300 000, for the procurement of goods or services or a combination of goods and services; and
2. $500 000, for the procurement of works or a combination of works and goods, of works and services or of works, goods and services; and

(b) may conduct procurement by means of open tendering in any other case where it considers it appropriate to do so.

A procuring entity may
1. conduct procurement by means of restricted tendering in the circumstances set out in section 18(1);
2. engage in single-source procurement in the circumstances set out in section 47(1); and
3. conduct procurement by means of a request for quotations where the estimated or actual value of the procurement contract does not equal or exceed the relevant threshold specified in subsection (1)(a).
A procuring entity may, in conducting procurement, utilize a frameworkagreement procedure in accordance with section 53.
Subject to subsections (1) and (2), a procuring entity shall, in selecting amethod of procurement, select the method that is the most efficacious in the circumstances of the procurement and seek to maximise competition to the extent practicable.
The Minister may, by Order subject to negative Resolution, vary the

amounts set out in subsection (1).

Open Tendering and Restricted Tendering

Open tendering

17.(1)

Where a procuring entity intends to engage in open tendering, the

entity shall publish a notice to be called an invitation to tender.

The invitation to tender shall include
1. any key technical, eligibility or qualification requirements;
2. whether the entity will convene a meeting of suppliers; and
3. the procedure, place and deadline for presenting tenders.
Subsection (1) does not apply where a procuring entity engages in pre-qualification proceedings.
Restricted tendering‌18.(1)Subject to subsection (2), a procuring entity may, with the permissionof the Director, conduct procurement by means of restricted tendering in any of the following circumstances:
1. the goods, works or services to be procured are available from 10 suppliers or less; or
2. there is an urgent need for the goods, works or services to be procured and
  1. the circumstances giving rise to the urgency were neither foreseeable by the entity nor the result of dilatory conduct on the part of the entity; and
  2. engaging in open tendering would be impractical.

A procuring entity shall submit a request for permission to engage inrestricted tendering to the Chief Procurement Officer for transmission to the Director.
The entity shall submit with its request, in a case where it seeks to engagein restricted tendering on the ground set out in
1. subsection (1)(a), a list of the suppliers from whom the entity believes the goods, works or services are available; or
2. subsection (1)(b), the list of suppliers from whom the entity intends to solicit tenders.
The Director may, on the advice of the Chief Procurement Officer, grantpermission to a procuring entity to engage in restricted tendering where any of the circumstances set out in subsection (1) exists.
Notwithstanding subsections (1) and (4), where, after a procuring entityapplies to the Director for permission to engage in restricted tendering on the ground set out in subsection (1)(a), it is discovered that the goods, works or
services are available from more than 10 suppliers, the Director may grant permission to the entity to engage in restricted tendering where he is satisfied, on the advice of the Chief Procurement Officer, that the entity made reasonable efforts to discover the number of suppliers from whom the goods, works or services are available.(6)out inWhere a procuring entity engages in restricted tendering on the ground set
1. subsection (1)(a), the entity shall solicit tenders from all suppliers from whom the goods, works or services are available;
2. subsection (1)(b), the entity shall
  1. in a non-discriminatory manner, select suppliers from whom to solicit tenders; and
  2. in order to ensure effective competition, select a sufficient number of suppliers.

Solicitation documents for tendering ‌

19.(1)

(a)

(b)

(c)

A procuring entity shall provide a solicitation document

to each supplier who responds to its invitation to tender in accordance with the procedures and requirements specified therein;

to each supplier who pre-qualifies pursuant to pre-qualification proceedings or, where the entity selects a limited number of pre- qualified suppliers from whom to solicit tenders, who is among the number of selected, pre-qualified suppliers; or

in a case of restricted tendering on the ground set out in

section 18(1)(a), to each supplier from whom the goods, works or services are available; or
section 18(1)(b), to each supplier from whom the entity intends to solicit tenders.

The entity shall prepare the solicitation document in the form of thestandard document, if any, issued or approved by the Director for the purpose and include in the document(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)(i)information on the management of the procurement proceedings and the applicable laws;the eligibility requirements of suppliers and an indication of any documentary evidence required to be submitted as proof of eligibility;a clear statement of the qualification criteria, the procedures to be used to ascertain the qualifications of suppliers and any documentary evidence required to be submitted to demonstrate those qualifications;a description of the subject matter of the procurement in the form of a statement of requirements;instructions on the preparation and presentation of tenders, including any requirement for the presentation of separately sealed technical and financial tenders, and the procedure, place and deadline for presenting tenders;where a tender security is required, a statement to that effect, and any requirement as to the nature, form, amount and other principal terms and conditions of the security and the issuer, with sufficient specificity to enable a supplier to be reasonably certain of the type of security that the procuring entity would consider acceptable;the duration of the standstill period or, where no standstill period will be applied, a statement to that effect and the reason for not applying one;the procedure, place, date and time for the opening of tenders; the criteria and procedure for evaluating tenders including
1. whether the successful tender will be ascertained on the basis of price or of price and other criteria;
2. where price and other criteria are to be used in the evaluation, the relative weights of all criteria; and
3. the manner of application of the criteria in the evaluation;
  1. any formalities required for a procurement contract to be executed once a successful tender is accepted;
  2. the principal terms and conditions and proposed form of the procurement contract; and
  3. notice of the right to challenge decisions or actions of a procuring entity or tenders committee that are allegedly not in compliance with this Act.
The entity may charge a non-refundable fee for the provision of a

solicitation document to a supplier but the fee shall reflect only the cost of providing the document to the supplier.

Clarification and modification of invitations to tender and solicitation documents ‌

20.(1)

Where a procuring entity receives, at least 2 weeks prior to the

deadline for the presentation of tenders, a request from a supplier for clarification of an invitation to tender or a solicitation document, the entity shall, without identifying the source of the request, provide the clarification to all suppliers involved in the procurement proceedings, including the supplier who made the request, at the same time and within sufficient time to enable them to present their tenders before the deadline for presentation.

Without prejudice to the generality of subsection (1), a procuring entityshall provide clarification of a solicitation document to all suppliers to whom the entity provided the document.
A procuring entity may, prior to the deadline for presenting tenders, andwith the approval of the chairman of the relevant tenders committee, whether on its own initiative or as a result of a request by a supplier for a clarification, modify an invitation to tender or a solicitation document by issuing an addendum.
The addendum shall
1. in the case of
  1. an invitation to tender, be published in the same manner and place as the invitation to tender; and
  2. a solicitation document, be made available to each supplier to whom the entity provided the solicitation document; and
2. be binding on the suppliers.
  Tender securities‌21.(1)(a)(b)Where a procuring entity requires a tender securitythe requirement shall apply to all suppliers who present tenders; andany requirement that the entity sets out in the solicitation document in respect of the security that refers directly or indirectly to the conduct of a supplier shall relate to
  1. the withdrawal or modification of the tender after the deadline for presenting tenders; or
  2. the failure to
    1. execute a procurement contract where so required by the solicitation document;
    2. provide a security, where so required by the solicitation document, for the performance of the procurement contract after the successful tender is accepted; or
    3. comply with any other condition precedent to executing the procurement contract, as specified in the solicitation document.

Where a supplier breaches a requirement set out in a solicitation documentin relation to a matter specified in subsection (1)(b)(i) or (ii), his tender security shall be forfeited.
A procuring entity shall
1. make no claim to the amount of a tender security; and
2. promptly return the security document where any of the following occurs:
  1. the expiry of the tender security;
  2. the execution of a procurement contract and the provision of a security for the performance of the contract, where such a security for performance is required by the solicitation document;
  3. the cancellation of the procurement; or
  4. the withdrawal of the relevant tender prior to the deadline for presenting tenders.
A procuring entity may reject a tender security on the ground that the issuer

has become insolvent or has otherwise ceased to be creditworthy.

Meetings with suppliers prior to presentation of tenders ‌

22.(1)

Where a procuring entity convenes a meeting of suppliers prior to the

deadline for presenting tenders, the entity shall prepare minutes of the meeting.

The minutes shall
1. include any request, without identifying the source of the request, submitted at the meeting for clarification of the solicitation document, and the response of the entity to the request; and
2. be provided promptly to the suppliers to whom the entity provided the solicitation document to enable the suppliers to take the minutes into account in preparing their tenders.

Deadline for presenting tenders ‌

23.(1)

A procuring entity shall express a deadline for presenting tenders as

a specific date and time and shall, taking into account the reasonable needs of the entity, allow sufficient time for suppliers to prepare and present tenders.

Where a procuring entity issues a clarification or modification of aninvitation to tender or a solicitation document, the entity shall, prior to the deadline for presenting tenders, request the chairman of the relevant tenders committee to extend the deadline, where necessary, in order to afford suppliers sufficient time to take the clarification or modification into account in preparing their tenders.
The chairman of a tenders committee may, in his absolute discretion, priorto a deadline for presenting tenders, extend the deadline where it is not possible for one or more suppliers to present tenders by the deadline because of any circumstance beyond their control.
Notice of an extension of a deadline shall, in the case of a clarification ormodification of
1. an invitation to tender, be published in the same manner and place as the invitation to tender; and
2. a solicitation document, be given to each supplier to whom the entity provided the solicitation document.
  Presentation of tenders‌24.(1)(a)
  (b)A tender shall be presentedin accordance with the procedure, and at the place and by the deadline, specified in the solicitation document;in writing, signed and, where in
  1. paper form, in a sealed envelope; or
  2. any other form, according to the requirements specified in the solicitation document, which shall ensure at least a similar degree of authenticity, security, integrity and confidentiality.

The relevant tenders committee shall
1. provide a secure means by which suppliers may submit tenders and provide each supplier with a receipt showing the date and time when his tender was received;
2. preserve the security, integrity and confidentiality of the tender; and
3. ensure that the content of the tender is examined only after its opening in accordance with section 27.
A tender received by a tenders committee after the deadline for presentingtenders shall not be opened and shall be returned to the supplier who presented it.
Notwithstanding subsection (3), a tender received by a tenders committee

after the deadline for presenting tenders may be accepted and opened in circumstances where it can be ascertained that the presentation of the tender was delayed by force majeure.

Presentation of separately sealed technical and financial tenders

25. A procuring entity may request separately sealed technical and

financial tenders where the entity needs to consider the financial aspects of the tenders separately and only after completion of the examination and evaluation of the technical, quality and performance characteristics of the tenders.

Validity of tenders, modification and withdrawal of tenders ‌

26.(1)

document.

Tenders shall remain valid for the period specified in the solicitation

A procuring entity may, prior to the expiry of the period of validity, requestsuppliers to extend the period for an additional specified period.
A supplier may refuse to extend the period of validity of his tender withoutforfeiting his tender security, if any.
A supplier who agrees to an extension of the validity of his tender shallextend the period of validity of any tender security he provided or provide a new tender security to cover the extended period of validity of his tender.
A supplier whose tender security is not extended or who does not providea new tender security shall be considered to have refused the request to extend the period of validity of his tender.
A supplier may modify or withdraw his tender prior to the deadline forpresenting tenders without forfeiting his tender security.
A modification or notice of withdrawal of a tender is effective where it is

received by the procuring entity prior to the deadline for presenting tenders.

Opening of tenders ‌

27.(1)

Tenders shall be opened at the time and place specified in the

solicitation document and in accordance with the procedure specified in that document.

A supplier who presents a tender or his representative shall be
1. permitted by the tenders committee to be present at the opening of tenders; and
2. deemed to have been permitted to be present at the opening of tenders where he is notified of the time and place for the opening of tenders.
The name and address of each supplier whose tender is opened and thetender price shall be
1. announced to the persons present at the opening of tenders;
2. communicated, on request, to a supplier who presents a tender but is not present or represented at the opening of tenders; and
3. included immediately in the procurement record.
Notwithstanding subsections (2) and (3), section 31 shall apply where aprocuring entity requests separately sealed technical and financial tenders.
Notwithstanding subsection (3), tender prices need not be announcedwhere it is impractical to do so because of the volume of the prices.
With the exception of late tenders, which shall be returned in accordancewith section 24, no tender shall be accepted, rejected or evaluated at the opening of tenders.
A tenders committee shall note, in a record to be called a record of tender

opening, any discrepancies or missing documents in respect of a tender, but shall not otherwise comment on such discrepancies or missing documents at the opening of tenders.

Evaluation committees ‌

28.(1)

A procuring entity shall, for each procurement, establish an evaluation

committee to be responsible for the evaluation of tenders and the preparation of an evaluation report.

The membership of the committee shall depend on the value andcomplexity of the procurement but shall in all cases be not less than 3 persons.
The entity may appoint an external, technical specialist or procurementagent to conduct the evaluation of tenders and prepare an evaluation report on its behalf.
The entity shall require any person appointed pursuant to subsection (1) or

(3) to declare whether he has any conflict of interest in respect of the procurement being evaluated.

Where a person declares a conflict of interest, the person shall have nofurther involvement in the procurement proceedings and shall be immediately replaced by the entity.
The entity shall require from a person appointed under subsection (3) anundertaking that he will treat as confidential and not disclose any information that comes to his attention as a result of his appointment.
An evaluation report prepared under this section may include(a)(b)(c)(d)(e)(f)(g)(h)
(i)(j)(k)the method of assessment;a copy of any relevant notice and the date of issue of the notice; the deadline for presentation of tenders;the date of the opening of tenders;any addendum issued or query received; copies of all other relevant documents; comments on arithmetic corrections;any notification to a supplier of an arithmetic correction and any response to such a notification;a table showing any corrected prices with relevant comments; a comparison of tenders; andthe recommendation of the committee or person appointed pursuant to subsection (3), including any recommendation to negotiate with a supplier together with appropriate justification for the recommendation.
A procuring entity shall submit each evaluation report to the relevanttenders committee for consideration.
Evaluation criteria and procedures‌29.(1)The criteria to be used to evaluate a tender shall relate to the goods,works or services to be procured.
1. The evaluation criteria may include
  1. the price;
  2. the cost of operating, maintaining and repairing goods or works;
  3. the time for the delivery of the goods, completion of the works or provision of the services, as the case may be;
  4. the characteristics of the goods, works or services, such as functional and environmental characteristics;
  5. the terms of payment and of guarantees in respect of the goods, works or services; and
  6. where relevant, the experience, reliability and professional and managerial competence of the supplier and of the personnel to be involved in providing the goods, works or services.
2. All non-price evaluation criteria shall, to the extent practicable, beobjective and quantifiable.
3. A procuring entity shall, in evaluating tenders and determining thesuccessful tender, use only the criteria and procedures specified in the solicitation document and apply the criteria and procedures in the manner specified in that document.
4. No criterion or procedure that has not been set out in accordance with this

section and section 19(2) shall be used in any evaluation under this Act.

Examination and evaluation of tenders ‌

30.(1)

A procuring entity may ask a supplier for clarification of his tender

where the clarification would assist the entity in the examination and evaluation of the tender.

A procuring entity shall correct purely arithmetic errors discovered duringthe examination of a tender and give prompt notice of the correction to the supplier who presented the tender.
No change in a matter of substance in the tender, including a change inprice and a change aimed at making an unresponsive tender responsive, shall be sought, offered or permitted.
Any items having a zero price shall be deemed to be included in the priceof other items except in the case of line-item bidding where a zero price shall be considered a non-offer for the item.
A procuring entity shall regard a tender as responsive where it conformsto all requirements set out in the solicitation document.
Notwithstanding subsection (5), a procuring entity may regard a tender asresponsive even where it contains
1. minor deviations that do not materially alter or depart from the characteristics, terms, conditions and other requirements set out in the solicitation document; or
2. errors or oversights that are capable of being corrected without touching on the substance of the tender,and any such deviations shall be quantified, to the extent possible, and appropriately taken into account in the evaluation of the tender.
Notwithstanding subsection (6), where a specification states that an itemis critical to the functioning of the entire lot or procurement, the failure of such critical item to be responsive shall be cause for the tender in respect of the entire lot or procurement to be regarded as unresponsive.
A procuring entity shall reject a tender
1. where the supplier who presented the tender is not qualified or the entity is obliged, under this Act, to exclude the supplier from participation in public procurement;
2. where the supplier who presented the tender does not accept a correction of an arithmetic error made pursuant to subsection (2);
3. where the tender is unresponsive; or
4. in the circumstances set out in section 32.
The entity shall evaluate the tenders that have not been rejected in order toascertain the successful tender in accordance with the criteria and procedures set out in the solicitation document.
The successful tender shall be
1. where price is the only criterion, the tender with the lowest price; or
2. where there are price and other criteria, the most advantageous tender ascertained on the basis of the criteria and procedures, specified in the solicitation document, for evaluating the tenders.
Where tender prices are expressed in two or more currencies, for thepurpose of evaluating and comparing tenders, the tender prices of all tenders shall be converted to the currency specified in the solicitation document according to the rate set out in that document.
A procuring entity may, whether or not it has engaged in pre-qualificationproceedings, require a supplier who presented a tender that is determined to be a successful tender to demonstrate or reconfirm his qualifications.
The criteria and procedures to be used for the demonstration orreconfirmation of the qualifications of a supplier shall be set out in the solicitation document.
Where a procuring entity has engaged in pre-qualification proceedings, thecriteria for confirming qualifications shall be the same as those used in the pre- qualification proceedings.
Where a supplier who presented a successful tender is requested todemonstrate or reconfirm his qualifications but fails to do so within 10 days of the request, the entity shall reject the tender and shall
1. subject to section 35(2), select the next highest ranked tender from among those remaining valid; or
2. cancel the procurement.

Separate opening, examination and evaluation of technical and financial tenders ‌

31.(1)

This section applies, in addition to section 30, where a procuring entity

intends to consider the financial aspects any of tenders separately and only after the completion of the examination and evaluation of the technical, quality and performance characteristics of the tenders.

A procuring entity shall, before it requests the opening by the tenderscommittee of the financial tenders, examine and evaluate the technical, quality and performance characteristics of tenders in accordance with the criteria and procedures specified in the solicitation document.
The results of the examination and evaluation of the technical, quality andperformance characteristics of the tenders shall be immediately included in the procurement record.
Where the technical, quality and performance characteristics of a tender
1. meet or exceed the relevant minimum requirements, the tender shall be regarded as responsive;
2. fail to meet the relevant minimum requirements, the tender shall be regarded as unresponsive and shall be rejected on that ground.
The procuring entity shall, in the case of
1. a responsive tender,
  1. promptly communicate to the supplier who presented the tender, the score of the technical, quality and performance characteristics of his tender; and
  2. invite all such suppliers or their representatives to the opening, by the tenders committee of the financial tenders; and
2. an unresponsive tender
  1. promptly send to the supplier who presented the tender a notice of rejection together with the reason for the rejection; and
  2. ensure that his financial tender is returned unopened.
The name and address of each supplier whose tender is responsive, thescore of the technical, quality and performance characteristics of his tender and the price of his financial tender shall
1. be announced to the persons present at the opening of the financial tenders; and
2. communicated, on request, to a supplier who was invited to, but was not present or represented at, the opening of tenders.
The price of each corresponding financial tender referred to in subsection

(6) shall be included in the procurement record.

The procuring entity shall compare the financial aspects of the responsivetenders and on that basis identify the successful tender in accordance with the criteria and procedures set out in the solicitation document.
The successful tender shall be the tender with the best combined evaluationin terms of
1. the criteria, other than price, specified in the solicitation document; and
2. the price.

Rejection of abnormally low tenders ‌

32.(1)

A procuring entity may, subject to subsection (2), reject a tender where

the entity determines that the price, in combination with other constituent elements of the tender, is abnormally low in relation to the goods, works or services to be procured and raises concerns with the entity as to the ability of the supplier who presented the tender to perform the procurement contract.

A procuring entity shall not reject a tender pursuant to subsection (1) unlessthe entity(a)
(b)
requests in writing from the supplier details of the aspect of the tender that gives rise to its concerns as to the ability of the supplier to perform the procurement contract; andtakes account of any information provided by the supplier pursuant to the request and of the information included in the tender but continues, on the basis of all such information, to hold such concerns.
The decision of a procuring entity to reject the tender of a supplier pursuant

to this section and the reason for the decision shall be communicated to the supplier.

Determination of successful tender

33.(1)

Where a procuring entity determines that a tender is the successful

tender in respect of a procurement, the entity shall submit to the relevant tenders committee for consideration, the evaluation report on the matter and a recommendation that the tenders committee treat and accept as the successful tender, the tender identified as such by the entity.

The tenders committee may
1. accept the recommendation of the procuring entity as to the successful tender; or
2. where it does not accept the recommendation, subject to sections 29 to 32 and taking the evaluation report into account, make its own decision as to which tender is the successful tender.
A determination as to the successful tender does not constitute acceptance

of the tender.

Successful tender notice and standstill period ‌

34.(1)

Where the relevant tenders committee determines that a tender should

be accepted as a successful tender, the procuring entity shall dispatch simultaneously to each supplier who presented a tender, a notice, to be called a successful tender notice, informing the supplier that the entity intends to accept the successful tender at the end of the standstill period.

The successful tender notice shall include
1. the name and address of the supplier who presented the successful tender;
2. the contract price or, where the successful tender was ascertained on the basis of price and other criteria, the contract price and a summary of the other characteristics of the tender that made the tender the successful tender; and
3. the duration of the standstill period.
The standstill period shall be at least 10 days from the date of dispatch ofthe notice.
Where the means of dispatch of the notice is not expected to result in thedelivery of the notice to a supplier in less than 5 days, the entity shall extend the standstill period for such additional period as the entity may consider appropriate in the circumstances.
Notwithstanding subsection (1), no successful tender notice or standstillperiod is required where the entity determines that urgent public interest considerations require the procurement to proceed without a standstill period.
Where a supplier whose tender was unsuccessful so requests within 5 days

of notification of the successful tender, the entity shall, within 10 days of receipt of the request, communicate to the supplier the reason that his tender was unsuccessful.

Successful tender acceptance notice ‌

35.(1)

A procuring entity shall, upon the expiry of the standstill period, or,

where no standstill period is required, as soon as practicable after the successful tender is determined, dispatch to the supplier who presented the successful tender, a notice to be called a successful tender acceptance notice.

Notwithstanding subsection (1), no successful tender acceptance notice orother communication in any form conveying acceptance of a successful tender or the award of a procurement contract shall be issued unless
1. the relevant tenders committee determines that a particular tender should be accepted as the successful tender; and
2. it is confirmed that
  1. the procurement is not subject to an application for reconsideration under section 96 or an appeal to the Tribunal;
  2. funding is available for the procurement; and
  3. any regulatory approvals required have been granted.
A procuring entity shall not be liable for the provision of goods, works or

services by a supplier who receives a successful tender acceptance notice or for anything done by the supplier in connection with such provision unless the supplier, prior to the provision of the goods, works or services or the doing of anything in connection with such provision, enters into a procurement contract with the entity in accordance with this Act.

Negotiations

36.(1)

Where the relevant tenders committee determines that a tender should

be accepted as a successful tender, negotiations may be held with the supplier who presented the tender.

Negotiations shall not relate to the price of the tender except where pricewas not a factor in the evaluation.
Negotiations may relate to
1. minor amendments to the special conditions of the contract, the delivery or completion schedule or work plan or the technical details of the statement of requirements; or
2. the minor reduction of quantities for budgetary reasons.
Notwithstanding subsection (3), negotiations shall not be conducted
1. to alter substantially the technical, quality or performance characteristics of a tender, including the scope of the responsibilities of the supplier;
2. to alter materially the terms and conditions of the proposed procurement contract;
3. solely for the purpose of reducing prices or fee rates except where changes are required to reflect any agreed technical changes; or
4. to alter substantially anything that was a deciding factor in the evaluation.
A procuring entity shall
1. prepare minutes of any negotiations held; and
2. obtain the written agreement of the supplier that the minutes are a true and accurate record of the negotiations.

Execution of procurement contract ‌

37.(1)

Where a solicitation document requires a supplier whose tender is

accepted to execute a procurement contract conforming to the terms and conditions of the accepted tender

the procuring entity and the supplier shall execute the procurement contract within a reasonable period after the successful tender acceptance notice is dispatched to the supplier; and
between the time when a successful tender acceptance notice is dispatched to the supplier and the execution of the procurement contract, neither the entity nor the supplier shall take any action that is likely to interfere with the execution of the procurement contract or with its performance.
Where a supplier whose tender is accepted fails to
1. execute a procurement contract as required; or
2. provide any required security for the performance of the contract,

the procuring entity may, subject to section 35(2), select the next highest ranked tender from among those remaining valid or cancel the procurement.

Notice of award of procurement contract ‌

38.(1)

A procuring entity shall, within 3 days of the execution of a

procurement contract, dispatch simultaneously to each supplier whose tender was unsuccessful, a notice of the award of the contract.

The notice shall state the name of the supplier to whom the contract wasawarded and the contract price.
A procuring entity shall, on 31st March and 30th September each year,

publish a cumulative list of all procurement contracts awarded in the year.

Management of procurement contract ‌

39.(1)

A procuring entity shall nominate a contract administrator for each

procurement contract awarded.

The contract administrator shall
1. monitor the performance of a supplier to ensure that all delivery or performance obligations are met and that appropriate action is taken by the procuring entity in the event that obligations are not met;
2. prepare any required amendments to the procurement contract and refer the amendments for the approval of the Solicitor General or another
  legal officer nominated by the Solicitor General, or, in the case of a procuring entity that is a state-owned enterprise or a commercial state- owned enterprise, of such legal officer as the entity may approve for the purpose;
3. manage any handover or acceptance procedures;
4. refer any recommendation for the termination of the contract for the consideration of the Solicitor General or another legal officer nominated by the Solicitor General, or, in the case of a procuring entity that is a state-owned enterprise or a commercial state-owned enterprise, of such legal officer as the entity may approve for the purpose; and
5. ensure that
  1. the supplier submits all required documentation;
  2. the procuring entity meets all its payment and other obligations on time and in accordance with the contract;
  3. there is adequate cost, quality and time control, where required;
  4. all tests required in the contract are satisfactorily completed;
  5. performance under the contract is satisfactorily completed before closing the contract management record; and
  6. the contract management record is kept in accordance with this Act.

Reports on supplier performance ‌

40.(1)

A procuring entity shall submit to the Chief Procurement Officer, a

report on the performance of each supplier with whom the entity has a procurement contract.

The report shall
1. be in such form as the Chief Procurement Officer requires; and
2. include
  1. the final price paid for the goods, works or services and an explanation of any differences between that price and the original contract price;
  2. information on the conformance of the goods, works or services with the statement of requirements and an explanation of any concerns in relation to quality;
  3. the time taken for completion of performance under the contract and an explanation of any differences between that time and the delivery or completion schedule in the contract; and
  4. such other information as the Chief Procurement Officer may require; and
3. be submitted, in the case of a procurement contract the duration of which is
  1. less than a year, at the end of the quarter in which performance under the contract is completed; and
  2. a year or more, at least annually.
The Chief Procurement Officer may, in addition to the report referred toin subsection (1), require such other reports from the entity as may be necessary for the performance of his functions.
Nothing in this section prevents a procuring entity from submitting a report

to the Chief Procurement Officer, at any other time, on the performance of a supplier.

Cancellation of procurement ‌

41.(1)

(a)

A procuring entity may cancel a procurement prior to the acceptance of a successful tender; or

(b) where a successful tender is accepted, in the circumstances set out in section 37(2).

A procuring entity shall not cancel a procurement without the approval ofthe relevant tenders committee.
Where a procuring entity cancels a procurement
1. no tenders shall be opened after the decision to cancel the procurement is taken;
2. any tenders that remain unopened at the time the decision to cancel the procurement is taken shall be returned to the suppliers who presented them; and
3. the entity shall
  1. promptly
    1. communicate to any supplier who presented a tender, the decision of the entity to cancel the procurement; and
    2. issue a notice of the cancellation of the procurement in the same manner and place as the original information regarding the procurement proceedings; and
  2. where the supplier so requests, communicate to the supplier within a reasonable time, the reason for the cancellation.

Requests for Quotations

Requests for quotations

42.(1)

Where a procuring entity intends to conduct procurement by means

of a request for quotations, the entity shall request written quotations from a shortlist of suppliers.

The entity, in developing a shortlist,
1. shall select from the Suppliers Register, as many suppliers as practicable but at least 3; and
2. shall, in order to ensure effective competition and fair and equal opportunities to all suppliers
  1. implement a rotation of suppliers on successive shortlists; and
  2. not include
    1. suppliers who are not expected to satisfy fully any eligibility or qualification requirements;
    2. where there are suppliers that are practically owned by the same person, more than one such supplier.
A supplier shall not be permitted to
1. give more than one quotation; or
2. change his quotation after the deadline for presenting quotations.
Notwithstanding subsections (1) and (2), where a procuring entity intends

to conduct procurement by means of a request for quotations, the entity may, instead of requesting quotations from a shortlist of suppliers from the Suppliers Register, publish the request to enable all interested suppliers to submit quotations.

Solicitation documents for requests for quotations

43.(1)

A procuring entity shall, in order to request quotations, prepare and

issue a solicitation document in the form of the standard document, if any, issued or approved by the Director for the purpose.

A solicitation document referred to in subsection (1) shall include
1. information on the management of the procurement proceedings and the applicable laws;
2. a description of the subject matter of the procurement in the form of a statement of requirements;
3. instructions on the preparation and presentation of quotations, including any documents required to be submitted with the quotation and the procedure, place and deadline for presenting quotations;
4. a statement as to whether elements, other than the cost of the goods or services, such as any applicable transportation and insurance charges or customs duties and taxes, are to be included in the price;
5. the criteria and procedures for evaluating quotations;
6. the principal terms and conditions and proposed form of the procurement contract; and
7. notice of the right to challenge decisions or actions of a procuring entity that are allegedly not in compliance with this Act.
Section 20 applies in respect of solicitation documents referred to in this

section, with such modifications and adaptations as may be necessary, as that section applies in respect of solicitation documents referred to in that section except that any role to be performed by a tenders committee or a chairman of a tenders committee pursuant to that section shall be performed by the procuring entity in respect of a request for quotations.

Meetings with suppliers and presentation of quotations

44.(1)

Sections 22, 23 and 24 apply to the presentation of quotations and any

meetings with suppliers prior to the presentation of quotations, with such modifications and adaptations as may be necessary, as those sections apply to the presentation of tenders and meetings with suppliers prior to the presentation of tenders.

Notwithstanding subsection (1),
1. no public opening of quotations is required but all quotations shall be opened and recorded by a procuring entity immediately after the deadline for presenting quotations; and
2. any role to be performed by a tenders committee or a chairman of a tenders committee pursuant to sections 23 and 24 shall be performed by the procuring entity in respect of quotations.

Negotiations on quotations prohibited

No negotiations shall take place between a procuring entity and asupplier with respect to a quotation presented by the supplier.
Evaluation of quotations, determination of successful quotations, procurement contracts, supplier performance and cancellation of procurement46. Sections 28, 29, 30, 32, 34(6), 35, 37, 38, 39, 40 and 41 apply toprocurement by means of a request for quotations, with such modifications and adaptations as may be necessary, as those sections apply to procurement by means of open tendering except that any role to be performed by a tenders committee or a chairman of a tenders committee pursuant to those sections shall be performed by the procuring entity in respect of quotations.
Single-Source Procurement
Criteria for single-source procurement‌47.(1)Subject to subsection (2) and section 48(1), a procuring entity mayengage in single-source procurement where
1. the goods or services are available only from a particular supplier or a particular supplier has exclusive rights in respect of the goods or services, so that no reasonable alternative or substitute exists, and the
  use of any other method of procurement would therefore not be possible;
2. the entity, having procured goods or services from a supplier, determines that additional goods or services must be procured from the supplier for reasons of standardization or because of the need for compatibility with existing goods or services, taking into account
  1. the effectiveness of the original procurement in meeting the needs of the entity;
  2. the limited size of the proposed procurement in relation to the original procurement;
  3. the reasonableness of the price; and
  4. the unsuitability of alternatives to the goods or services;
3. owing to a catastrophic event, there is an extremely urgent need for the goods, works or services and engaging in any other method of procurement would be impractical because of the time involved in using the method; or
4. the entity determines, in the interest of national security or public health, that the use of any other method of procurement is not appropriate.

(2) Where a procuring entity engages in single-source procurement for reasons

of urgency in accordance with subsection (1)(c), the entity shall limit the procurement contract to the quantity of goods or services or the extent of works required to deal with the catastrophic event.

Permission to engage in single-source procurement ‌

48.(1)

A procuring entity shall, before engaging in single-source

procurement

confirm, where relevant, that the goods or services are not available under arrangements for the procurement of common items; and
seek permission from
1. the Director, where the estimated value of the procurement contract equals or exceeds the relevant threshold specified in section 16(1)(a); or
2. the Chief Procurement Officer, where the estimated value of the procurement contract exceeds $50 000 but does not exceed the relevant threshold specified in section 16(1)(a).

A procuring entity shall, where subsection (1)(b)(i) applies, submit therequest for permission to the Chief Procurement Officer for transmission to the Director.
Where he is satisfied as to the existence of any of the circumstances set outin section 47(1)
1. the Director, on the advice of the Chief Procurement Officer; or
2. the Chief Procurement Officer,

as the case may be, may grant permission to the entity to engage in single-source procurement.

Solicitation documents for single-source procurement

49.(1)

A procuring entity shall, in order to solicit a proposal or price quotation

pursuant to single-source procurement, prepare and issue a solicitation document in the form of the standard document, if any, issued or approved by the Director for the purpose.

The solicitation document shall include
1. a description of the subject matter of the procurement in the form of a statement of requirements; and
2. the principal terms and conditions and proposed form of the procurement contract.
Notwithstanding subsection (1), where a procuring entity undertakessingle-source procurement on the ground set out in section 47(1)(c), the entity may engage in negotiations with a supplier without the issue of a solicitation document.
Evaluation of single-source submission50.(1)Where a procuring entity receives a submission pursuant to single-source procurement, the submission shall be evaluated to determine whether
1. the submission
  1. meets the requirements of the entity, including any technical needs, as defined by the statement of requirements, and any requirement for urgent delivery or completion;
  2. offers value for money, based on prices previously obtained for similar procurement contracts or on an analysis of the cost of each component, taking into account the circumstances and value of the procurement contract;
2. the supplier accepts the contractual terms and conditions proposed by the entity or offers other terms and conditions which are acceptable to the entity; and
3. negotiations with the supplier are necessary.

(2) Section 28(1) to (6) apply to single-source procurement, with such

modifications and adaptations as may be necessary, as those provisions apply to procurement by means of open tendering.

Negotiations for single-source procurement ‌

51.(1)

Where negotiations with a supplier are necessary in relation to single-

source procurement, a procuring entity shall prepare a plan for the negotiations.

The plan shall specify the issues to be negotiated and objectives to beachieved and shall, to the extent possible, quantify the objectives and set maximum and minimum negotiation parameters.
A procuring entity shall
1. prepare minutes of any negotiations held; and
2. obtain the written agreement of the supplier that the minutes are a true and accurate record of the negotiations.
A procuring entity shall not commit itself to a proposed agreement arising

out of negotiations under this section unless the entity obtains the approval of the person who, pursuant to section 48, granted the entity permission to engage in single-source procurement.

Procurement contracts, supplier performance and cancellation in relation to single-source procurement

52. Sections 37(1), 38(3), 39, 40 and 41 apply to single-source

procurement, with such modifications and adaptations as may be necessary, as those sections apply to procurement by means of open tendering except that any role to be performed by a tenders committee pursuant to section 41 shall be performed by the person who, pursuant to section 48, granted the procuring entity permission to engage in single-source procurement.

Framework Agreements

Framework agreements ‌

53.(1)

A procuring entity may engage in procurement through such

framework agreements, whether open or closed and whether in respect of common items or otherwise, as are executed by the Chief Procurement Officer.

The Chief Procurement Officer shall, upon the execution of a frameworkagreement, publish a notice of the agreement, specifying whether the agreement
is an open framework agreement or a closed framework agreement, the names of the suppliers involved and the goods or services to be supplied.
The Chief Procurement Officer shall, on 31st March and 30th September

each year, publish a cumulative list of all framework agreements awarded in the year.

Procurement of services of individual consultants

54. Notwithstanding section 16(1) and (2), where a procuring entity

intends to procure the services of an individual consultant, the entity shall do so in accordance sections 55 to 59.

Solicitation in relation to individual consultants ‌

55.(1)

A procuring entity shall, in order to procure the services of an

individual consultant, publish a notice inviting consultants to express interest in the assignment.

The notice shall include
1. the principal terms and conditions of the procurement contract;
2. any key technical, eligibility or qualification requirements; and
3. the procedure, place and deadline for expressing interest.
Notwithstanding subsection (1), a procuring entity need not publish anotice where
1. there is an urgent need for the services to be procured and
  1. the circumstances giving rise to the urgency were neither foreseeable by the entity nor the result of dilatory conduct on the part of the entity; and
  2. publication would be impractical;
2. the services required are a continuation of services already provided by a consultant and the entity determines that the services must be
  procured from the same consultant for reasons of continuity, use of experience acquired or continued professional liability; or
3. the entity determines, in the interest of national security or public health, that publication is not appropriate.
A procuring entity may, where it does not publish a notice referred to in

subsection (1), directly invite at least 3 consultants to express interest in the assignment.

Solicitation document not required in respect of individual consultants

56.(1)

A procuring entity is not required to prepare a solicitation document

for the procurement of the services of an individual consultant but shall make the terms of reference for the assignment available to all interested consultants on request or to all consultants invited to express interest.

Terms of reference shall clearly state the skills, qualifications andexperience required and the basis for evaluation.
No tender security shall be requested for the procurement of the services

of an individual consultant.

Presentation of submissions by individual consultants and evaluation of submissions

57.(1)

A submission from an individual consultant shall include his

curriculum vitae and a proposed fee rate which may be requested as separately sealed technical and financial submissions, respectively.

Evaluation of submissions from individual consultants
1. shall be based on the skills, qualifications and experience of the consultants, as stated in the terms of reference;
2. may take into account references;
3. may include interviews to assess further the skills, qualifications and experience of the consultants; and
4. shall rank consultants according to their skills, qualifications and experience.
Section 28(1) to (6) apply to the procurement of the services of an

individual consultant, with such modifications and adaptations as may be necessary, as those provisions apply to procurement by means of open tendering.

Negotiations with individual consultants

A procuring entity may negotiate fees and the terms and conditions ofthe procurement contract with the consultant ranked first in the evaluation and, where negotiations fail, may negotiate with the consultant ranked next after him.
Procurement contracts, supplier performance and cancellation in relation to services of individual consultants ‌
Sections 34(6), 37, 38, 39, 40 and 41 apply to procurement of theservices of individual consultants, with such modifications and adaptations as may be necessary, as those sections apply to procurement by means of open tendering except that any role to be performed by a tenders committee pursuant to section 41 shall be performed by the procuring entity.
Procurement of Public-Private Partnerships
Act applies to public-private partnership
For the avoidance of doubt, this Act applies to the procurement ofpublic-private partnerships.
Feasibility study for public-private partnership‌61.(1)A procuring entity shall not conduct procurement for a public-privatepartnership unless there is undertaken a feasibility study that
1. explains the strategic and operational benefits of the public-private partnership for the entity in terms of its strategic objectives and public policy;
2. describes, in specific terms, in the case of a public-private partnership for
  1. the performance of a function of the entity, the nature of the function and the extent to which the function, both by law and by nature, may be performed by a private party under a public-private partnership agreement; and
  2. the use of state property, the state property concerned, the uses, if any, to which the state property has been previously put and the types of use to which a private party may legally subject the state property under a public-private partnership agreement;
3. establishes, in the case of a public-private partnership pursuant to which the entity will pay the private party any consideration, that the entity can afford the payment;
4. sets out the proposed allocation of risk between the entity and the private party;
5. demonstrates the value for money to be achieved by the public-private partnership; and
6. explains the capacity of the entity to procure, enforce, monitor, report on and regulate the implementation of the public-private partnership agreement.
Where before a public-private partnership agreement is executed, there isa material change in any assumption made in the feasibility study on the public- private partnership, in particular, with regard to affordability, value for money or substantial technical, operational and financial risk transfer, the entity
1. shall (i) (ii) (iii)
  promptly notify the Director of the change;submit details of any intended revision to the study; revise the study; and
  (iv) submit to the Director, the revised study together with a statement on the impact of the revision on the feasibility of the public- private partnership; and
2. shall not conduct procurement for the public-private partnership unless the permission of the Director to do so is obtained on the basis of the revised study.

Permission to procure public-private partnership

62.(1)

A procuring entity may, with the permission of the Director, conduct

procurement for a public-private partnership by such method under this Part as may be appropriate in the circumstances.

The entity shall submit the request for permission to the Chief ProcurementOfficer for transmission to the Director.
Where he is satisfied on the basis of the feasibility study that the public-

private partnership is feasible, the Director may, on the advice of the Chief Procurement Officer, grant permission to the entity to conduct the procurement.

PART V UNSOLICITED PROPOSALS

Receipt of unsolicited proposal

63.(1)

A procuring entity shall, within 5 days of receipt of an unsolicited

proposal, notify the Chief Procurement Officer in writing of its receipt.

The Chief Procurement Officer shall promptly transmit a notificationreceived under subsection (1) to the Director.
Procuring entity not required to consider unsolicited proposal64.it receives.A procuring entity is not required to consider any unsolicited proposal
Eligibility of unsolicited proposal for consideration‌65.(1)An unsolicited proposal shall, in order to be eligible for consideration,contain the following information:
1. in respect of the proponent
  1. the name, address and other contact information of the proponent, including, where applicable, the address of the registered office of the proponent;
  2. the taxpayer identification number and national insurance number of the proponent;
  3. documentary evidence regarding the legal capacity of the proponent to enter into an unsolicited proposal agreement or a procurement contract;
  4. any qualification and experience in relation to the proposal; and
  5. where the proponent is registered under section 86, the unique registration number assigned to him pursuant to section 86(4);
2. in respect of the proposed good, work or service
  1. a concise title, and an abstract of approximately 200 words, of the good, work or service; and
  2. a statement that
    1. indicates the objectives, approach and scope of the good, work or service;
    2. describes how the proposal is demonstrably innovative, supported by any evidence available that the proponent is the sole provider of the innovation;
    3. outlines the anticipated benefits or cost advantages to the procuring entity, including the proposed price or total estimated cost of supplying the good, work or service, in sufficient detail to allow a meaningful evaluation by the entity; and
    4. shows whether, and if so, how, the proposed project supports the entity’s strategic growth and development plan and its other objectives;
3. an indication of any confidential or proprietary data in the proposal that must not be made public;
4. a declaration from the proponent, in such form as may be approved by the Chief Procurement Officer
  1. as to any interest of the proponent that may give rise to a conflict of interest;
  2. that the making of the proposal was not as a result of any non- public information obtained from the entity to which the proposal was submitted or from another procuring entity;
5. the period for which the proposal is valid for consideration, which shall not be less than 6 months; and
6. the name of any other person to whom the proposal or a similar proposal was submitted by the proponent.

General criteria for consideration of unsolicited proposal ‌

66.(1)

Subject to section 78, a procuring may consider an unsolicited

proposal where

the proposal contains a clear business case established by a comprehensive and relevant feasibility study; and
the good, work or service concerned
1. involves an innovative design or an innovative approach to project development and management; or
2. presents a new and cost-effective method of service delivery.

(2) A procuring entity shall, where it determines to consider an unsolicited

proposal, notify the proponent or his authorized representative in writing of its decision.

Evaluation of unsolicited proposal generally

67.(1)

(a)

(b)

A procuring entity shall establish an evaluation committee to evaluate each unsolicited proposal it determines to consider; and prepare an evaluation report.

Section 28(2) to (6) apply to an evaluation committee established undersubsection (1), with such modifications and adaptations as may be necessary, as those provisions apply to an evaluation committee established for the purpose of procurement.
Where under section 28(3)
1. the entity appoints a person to conduct an evaluation and prepare an evaluation report on its behalf; and
2. the proponent withdraws the proposal before the period for which the proposal was stated to be valid for consideration expires,

the proponent shall bear the costs of the person in relation to the evaluation.

Evaluation of unsolicited proposal not involving public-private partnership ‌

Where an unsolicited proposal does not involve a public-privatepartnership, the evaluation of the proposal shall include a feasibility study that evaluates the costs and benefits of procuring the good, work or service from the proponent including, where relevant, an assessment of
1. any unique, innovative, researched or meritorious methods, approaches or concepts demonstrated in the proposal;
2. the overall scientific, technical or socio-economic merit of the proposal;
3. the potential contribution of the proposal to the entity’s strategic objectives as identified in its strategic growth and development plan;
4. whether the proposed cost of the project is realistic, affordable and justified; and
5. any other factor which, in the opinion of the entity, is relevant to the proposal.
  Evaluation of unsolicited proposal involving public-private partnership
Where an unsolicited proposal involves a public-private partnership,the evaluation of the proposal shall include a feasibility study described in section 61(1).
Consideration of unsolicited proposal not involving public-private partnership – sole supplier‌70.(1)Where a procuring entity is satisfied, upon evaluation of an unsolicitedproposal under section 68, that
1. the proposal satisfies the criteria in section 66(1);
2. the good, work or service concerned is a unique, innovative concept that will be exceptionally beneficial or bring exceptional cost advantages to the entity;
3. the proponent is the sole supplier of the good, work or service; and
4. the entity’s need for the good, work or service has been established during its strategic planning and budgeting processes,

the entity may, subject to subsections (2) and (3), enter into negotiations with the proponent for the procurement of the good, work or service, and may procure the good, work or service.

The entity shall, before entering into negotiations pursuant to subsection(1), seek permission to engage in the related procurement from
1. the Director, where the estimated value of the procurement contract likely to result from the proposal equals or exceeds the relevant threshold specified in section 16(1)(a); or
2. the Chief Procurement Officer, where the estimated value of the procurement contract likely to result from the proposal exceeds $50 000 but does not exceed the relevant threshold specified in section 16(1)(a).
The entity shall, where subsection (2)(a) applies, submit the request forpermission to the Chief Procurement Officer for transmission to the Director.(4)to (d),Where he is satisfied as to the circumstances set out in subsection (1)(a)
1. the Director, on the advice of the Chief Procurement Officer; or
2. the Chief Procurement Officer,

as the case may be, may grant permission to the entity to engage in the procurement.

Negotiations on unsolicited proposal made by sole supplier

71.(1)

Section 51(1), (2) and (3) apply to negotiations pursuant to section

70(1), with such modifications and adaptations as may be necessary, as those provisions apply to negotiations for single-source procurement.

(2) A procuring entity shall not commit itself to a proposed agreement arising

out of negotiations pursuant to section 70(1) unless the entity obtains the permission of the person who, pursuant to section 70(4), granted the entity permission to engage in the procurement.

Procurement contracts, supplier performance and cancellation in relation to procurement pursuant to unsolicited proposal by sole supplier

Sections 37(1), 38(3), 39, 40 and 41 apply to procurement pursuant tosection 70(1), with such modifications and adaptations as may be necessary, as those sections apply to procurement by means of open tendering except that any role to be performed by a tenders committee pursuant to section 41 shall be performed by the person who, pursuant to section 70(4), granted the procuring entity permission to engage in the procurement.
Consideration of unsolicited proposal not involving public-private partnership – more than one supplier‌73.(1)Where a procuring entity is satisfied, upon evaluation of an unsolicitedproposal under section 68, that
1. the proposal satisfies the criteria in section 66;
2. the good, work or service concerned is a unique, innovative concept that will be exceptionally beneficial or bring exceptional cost advantages to the entity; and
3. the entity’s need for the good, work or service has been established during its strategic planning and budgeting processes,

but the proponent may not be the sole supplier of the good, work or service, the entity may, subject to subsections (2) and (3), enter into negotiations with the proponent for an unsolicited proposal agreement, and may enter into the agreement.

The entity shall, before entering into negotiations pursuant to subsection(1), seek permission to enter into the related agreement from
1. the Director, where the estimated value of the procurement contract likely to result from the proposal equals or exceeds the relevant threshold specified in section 16(1)(a); or
2. the Chief Procurement Officer, where the estimated value of the procurement contract likely to result from the proposal exceeds $50 000 but does not exceed the relevant threshold specified in section 16(1)(a).
The entity shall, where subsection (2)(a) applies, submit the request forpermission to the Chief Procurement Officer for transmission to the Director.(4)to (c),Where he is satisfied as to the circumstances set out in subsection (1)(a)
1. the Director, on the advice of the Chief Procurement Officer; or
2. the Chief Procurement Officer,

as the case may be, may grant permission to the entity to enter into the agreement.

Consideration of unsolicited proposal involving public-private partnership ‌

74.(1)

Where a procuring entity is satisfied, upon evaluation of an unsolicited

proposal that involves a public-private partnership, that

the proposal satisfies the criteria in section 66;
the good, work or service concerned is a unique, innovative concept that will be exceptionally beneficial or bring exceptional cost advantages to the entity; and
the entity’s need for the good, work or service has been established during its strategic planning and budgeting processes,

the entity may, subject to subsections (2) and (3), enter into negotiations with the proponent for an unsolicited proposal agreement, and may enter into the agreement.

The entity shall, before entering into negotiations pursuant to subsection(1), seek permission to enter into the related agreement from the Director.
The entity shall submit the request for permission to the Chief ProcurementOfficer for transmission to the Director.
Where he is satisfied as to the circumstances set out in subsection (1)(a)to (c), the Director may, on the advice of the Chief Procurement Officer, grant permission to the entity to enter into the agreement.
Unsolicited proposal agreement75.(1)onAn unsolicited proposal agreement shall include terms and conditions
1. the methodology for determining any costs to be reimbursed to the proponent, should procurement proceedings result in the award of a procurement contract for the good, work or service to a person other than the proponent or be cancelled;
2. the procedure for further developing the project and responding to matters raised by the procuring entity;
3. the allocation of responsibility for preparing solicitation documents;
4. the confidential treatment of information in the proposal; and
5. the purchase of intellectual property rights, if any.

Where pursuant to subsection (1), responsibility for preparing solicitationdocuments is allocated to a person other than the entity, the preparation of the documents shall be under the supervision of the entity.
For the purposes of subsection (1)(a),
1. the entity and the proponent shall restrict their consideration to direct costs incurred by the proponent in developing technical and other materials relevant to meeting the criteria set out in section 73(1) or 74(1), as the case may be; and
2. the quantum of reimbursement to the proponent shall be the audited costs of the proponent from the date of submission of the proposal to the entity to conclusion of the related procurement proceedings.
Where the entity and the proponent do not reach consensus on the termsand conditions of the agreement, the entity shall not
1. be responsible for any costs which the proponent incurred in preparing and submitting the unsolicited proposal;
2. implement the project proposed in the proposal for the current or next financial year; and
3. utilize any proprietary information provided by the proponent in the proposal.

Procurement proceedings after execution of unsolicited proposal agreement

76.(1)

A procuring entity may, upon the execution of an unsolicited proposal

agreement in respect of a proposal that

does not involve a public-private partnership but may involve more than one supplier; or
involves a public-private partnership,

conduct procurement in respect of the proposal in accordance with Part IV.

Without prejudice to the generality of subsection (1), the entity
1. may engage in pre-qualification proceedings, where appropriate; and
2. shall in the pre-qualification notice, pre-qualification document and solicitation document, as the case may be
  1. disclose that the procurement proceedings originate from an unsolicited proposal;
  2. state the costs and terms of payment agreed between the entity and the proponent in relation to the proposal; and
  3. require that every supplier, other than the proponent, make allowance for the costs and pay the costs to the proponent should his submission be successful.

Restriction on use of unsolicited proposal

77.(1)

(a)

A procuring entity shall not

use any data, concept, idea or other part of an unsolicited proposal as the basis or part of the basis for a solicitation or in negotiations with a person other than the proponent unless

the project proceeds to procurement proceedings in accordance with this Part; and
the proponent is notified of and agrees to the intended use;

(b) disclose information identified in an unsolicited proposal agreement as confidential.

(2) Subsection (1)(a) does not preclude the use of any data, concept or idea in

an unsolicited proposal that is or becomes otherwise available without restriction.

Rejection of unsolicited proposal ‌

78.(1)

proposal

(a)

(b)

(c)

(d)

(e)

(f)

A procuring entity shall reject an unsolicited proposal where the

relates to known requirements of the entity that can, within reasonable and practicable limits, be acquired by open tendering, restricted tendering or a request for quotations;

relates to goods, works or services which are generally available; does not fall within the entity’s functions;

does not comply substantially with sections 65 and 66;

has not been submitted by a duly authorized representative of the proponent; or

contravenes the provisions of any law.

A procuring entity shall, where it rejects an unsolicited proposal
1. notify the proponent or his authorized representative in writing of the rejection of the proposal;
2. ensure that the entity does not make use of any intellectual property or proprietary data in the proposal;
3. return to the proponent or his authorized representative all paper-based documents received in respect of the proposal; and
4. destroy any copies of the proposal, whether electronic or paper-based, made or obtained by the entity.

Record of unsolicited proposals

79.(1)

A procuring entity shall maintain for a period of no less than 7 years

from the date of receipt of an unsolicited proposal, a record in respect of the proposal.

The record shall include
1. a brief description of the proposal;
2. the name and contact information of the proponent;
3. whether the proposal was considered or returned to the proponent and, where the proposal was considered
  1. the evaluation report;
  2. minutes of any negotiations entered into with the proponent;
  3. a copy of any unsolicited agreement executed; and
  4. a copy of any procurement contract awarded as a result of the proposal.

PART VI

GENERAL RULES REGARDING PROCUREMENT

Description of subject matter of procurement

80.(1)

A procuring entity shall set out in the pre-qualification document, if

any, and in the solicitation document, a description of the subject matter of the procurement in the form of a statement of requirements.

The statement of requirements
1. shall (i)
  (ii)
  (iii)
  include the minimum requirements that submissions must meet in order to be considered responsive and the manner in which the minimum requirements are to be applied;set out the relevant technical, quality and performance characteristics of the subject matter of the procurement; andto the extent practicable, be objective, functional and generic;
2. may include specifications, plans, drawings, designs, testing and test methods, packaging, marking, labelling, conformity certification and symbols and terminology; and
3. shall not include a requirement for, or reference to, a particular trademark or trade name, patent, design or type, specific origin or producer unless there is no other sufficiently precise or intelligible way of describing the characteristics of the subject matter of the procurement, and provided that words such as “or equivalent” are included.
  Standardization of trade terms and conditions etc.81.(a)
  (b)A procuring entity shall, in formulatingthe terms and conditions of a procurement and procurement contract and other relevant aspects of a pre-qualification document, if any, and a solicitation document, use standardized trade terms and standardized conditions, where available; andthe description of the subject matter of the procurement to be included in the pre-qualification document, if any, and in the solicitation document, use standardized features, requirements, symbols and terminology relating to the technical, quality and performance characteristics of the goods, works or services to be procured, where available.
  Publication of notices82.(1)(a)A notice to be published pursuant to this Act shall be published
  1. at least once in one daily newspaper with nationwide circulation in Barbados; and
  2. on such government websites as the entity may consider appropriate; and

may, notwithstanding a requirement for the notice to be published in a particular manner and place, be also published in such media as the entity may consider appropriate.
1. Where foreign participation is required for sufficient competition or whereso required by an international agreement, the notice shall also be published
  1. in media of wide regional or international circulation;
  2. on widely read internet sites; or
  3. in such publication as may be required by the agreement.
2. Where a procuring entity believes that it is necessary to ensure wide
competition, the entity may, in addition to the publication required by subsections
1. and (2), after the date of publication of an invitation to tender, send a copy of the notice directly to
  1. suppliers who are registered in the Suppliers Register, past suppliers or any other identified, potential suppliers;
  2. professional or industry associations; and
  3. embassies of Barbados in countries, suppliers from which are likely to participate or foreign embassies of such countries in Barbados or both.
    Corrections to published information83. Where information published by a procuring entity to invite theparticipation of suppliers in pre-qualification or other procurement proceedings is discovered to be, or becomes, materially inaccurate for any reason, the entity shall correct the information and publish the corrected information in the same manner and place in which the original information was published.
    Communications84.(1)Any document, notification, decision or any other informationgenerated in the course of a procurement and communicated, including anything communicated in connection with proceedings for an application for
    reconsideration under section 96 or an appeal to the Tribunal or in the course of a meeting or forming part of the procurement record, shall be in a form that provides a record of the content of the information and that is accessible so as to be usable for subsequent reference.
2. Direct solicitation and any communication of information between
suppliers and a procuring entity referred to in section 26(2) and (3), 30(1) and
1. or 91(1)(a) may be made by means that do not provide a record of the content of the information on the condition that, immediately thereafter, confirmation of the communication is given to the recipient of the communication in a form that
  1. provides a record of the content of the information; and
  2. is accessible so as to be usable for subsequent reference.
2. All documents and communications shall be in English.
3. A procuring entity shall, where it first solicits the participation of suppliersin particular procurement proceedings, specify
  1. the means to be used to
    1. communicate information by or on behalf of the entity to a supplier or to the public or by a supplier to the entity or to another person acting on behalf of the entity;
    2. satisfy any requirement for information to be in writing or for a signature; and
    3. hold any meeting of suppliers; and
  2. in relation to any procurement involving information that a procuring entity considers to be secret, where the entity considers it necessary, any measures and requirements needed to ensure that the information is kept confidential.
4. A procuring entity may use only those means of communication that arein common use by suppliers in the context of the particular procurement.
5. In any meeting held with suppliers, a procuring entity shall use only thosemeans that ensure that suppliers can fully and contemporaneously participate in the meeting.
6. A procuring entity shall implement appropriate measures to secure theauthenticity, integrity and confidentiality of information concerning procurement proceedings.
7. Where a procuring entity requires the approval or permission of a tenderscommittee, a chairman of a tenders committee, the Director, the Chief Procurement Officer or any other person in order to make a determination or pursue a course of action, the entity shall not, unless the approval or permission is granted, communicate the determination or the decision to pursue the course of action to any supplier or to the public at large.
8. In this section, “direct solicitation” means solicitation addressed directly
to one supplier or a restricted number of suppliers but does not include solicitation addressed to a limited number of suppliers following pre-qualification proceedings.
PART VII
REGISTRATION, ELIGIBILITY AND QUALIFICATION
Suppliers Register‌85.(1)The Chief Procurement Officer shall establish and maintain a registerto be called the Suppliers Register.
1. The Suppliers Register shall
  1. include in respect of every supplier registered pursuant to section 86
    1. the name, address and other contact information of the supplier;
    2. the taxpayer identification number and national insurance number of the supplier;
    3. the bank account information of the supplier;
    4. the unique registration number assigned to the supplier pursuant to section 86(4);
    5. the date of registration;
    6. any documentary evidence regarding the legal capacity of the supplier to enter into a procurement contract;
    7. any other information available as to the eligibility of the supplier to participate in public procurement;
    8. a statement as to whether the supplier is registered as a supplier of goods, services or works or a combination of the three;
    9. any information available as to the qualifications of the supplier to supply the goods, services or works he proposes to supply;
    10. a record of the current and past procurement contracts of the supplier, if any, and of his performance under the contracts; and
    11. such other information as the Chief Procurement Officer may consider appropriate; and
  2. be reviewed and updated at least once every 6 months.
2. Without prejudice to section 87, a supplier shall, twice yearly, by 15thMarch and 15th September each year, ensure that the information entered in the Suppliers Register in relation to him is accurate and complete.
3. The Chief Procurement Officer shall, on 31st March and 30th Septembereach year, publicize the existence of the Suppliers Register and publish
  1. the procedure for applying for registration;
  2. the criteria to be satisfied for entry in the register and the documentary evidence to be submitted; and
  3. the period for which registration is valid and any requirement for updating an entry in the register or for renewing registration.
4. The entry of the name of a supplier in the Suppliers Register shall not be
construed as an indication that the supplier is suitable to participate in any particular procurement.
Suppliers to be registered‌86.(1)A procuring entity shall not enter into a procurement contract with asupplier unless the supplier is registered under this section.
1. A person may, in such form as the Chief Procurement Officer may require,apply to the Chief Procurement Officer for registration as a supplier.
2. The Chief Procurement Officer shall, within 30 days of receipt of anapplication for registration and payment of such fee as may be prescribed, notify the supplier in writing of
  1. the approval of his application and the inclusion of his name in the Suppliers Register; or
  2. the rejection of his application and the reason for the rejection.
3. The Chief Procurement Officer shall issue a unique registration number toevery supplier who is registered.
4. Registration under this section is valid for 3 years and may be renewed,upon application to the Chief Procurement Officer, for further periods of 3 years.
5. The Chief Procurement Officer shall, within 20 days of receipt of anapplication for renewal of registration, notify the supplier in writing of
  1. the renewal of his registration; or
  2. the rejection of his application and the reason for the rejection.
6. The Chief Procurement Officer may refuse to register a supplier or to renewthe registration of a supplier where the supplier is or becomes ineligible to participate in public procurement.
7. The Chief Procurement Officer shall not refuse to register a supplier or to
renew the registration of a supplier unless he gives the supplier a reasonable
opportunity to be heard on why registration or renewal of registration should not be refused.
Changes affecting registration‌87.(1)Where a material change in the circumstances of a supplier rendersthe information submitted to the Chief Procurement Officer for the purpose of registration in the Suppliers Register misleading, inaccurate or incomplete, the supplier shall, as soon as practicable and in any event within 14 days of the change, notify the Chief Procurement Officer in writing of the change.
1. In subsection (1), “material change” includes a change that would rendera supplier ineligible to participate in public procurement and a change of the name under which, or the address at which, the supplier conducts business.
2. The Chief Procurement Officer shall
  1. upon receipt of a notification pursuant to subsection (1); or
  2. where he is otherwise satisfied that any information in the Suppliers Register is misleading, inaccurate or incomplete,make such alteration to the register as may be necessary to ensure that the register is not misleading and that it is accurate and complete.
3. The Chief Procurement Officer shall, before making an alteration to theSuppliers Register pursuant to subsection (3)(b), notify the supplier involved of his intention to make the alteration.
4. The Chief Procurement Officer shall promptly notify in writing a supplier
in respect of whom an alteration is made under subsection (3), of the fact of the alteration and the nature of it.
Eligibility of suppliers to participate in public procurement88.(1)(a)(b)A supplier is eligible to participate in public procurement where he has the legal capacity to enter into a procurement contract;he is not insolvent, in receivership, bankrupt or being wound up;
his affairs are not being administered by a person appointed by a court; and
he is not the subject of legal proceedings for any of the matters referred to in paragraph(b)or(c).

A supplier is ineligible to participate in public procurement where he, orin the case of a supplier that is a body corporate, any of its directors or officers, within a period of 5 years prior to his application for registration or the initiation of procurement proceedings, as the case may be
1. knowingly or recklessly provided false information in a submission or any other document submitted to a procuring entity in connection with procurement proceedings or a procurement contract;
2. interfered with the participation of other suppliers in public procurement;
3. engaged in misconduct in relation to procurement proceedings or a procurement contract including
  1. corrupt practices;
  2. fraudulent practices,
  3. collusive practices;
  4. coercive practices;
  5. knowingly underpricing submissions; and
  6. breaches of confidentiality;
4. did not perform substantially, contractual obligations under a procurement contract, where the non-performance was not due to circumstances beyond his control;
5. refused to furnish a security for the performance of a procurement contract in accordance with the terms of the solicitation document;
6. was convicted of an offence under this Act or related to
  1. obtaining a procurement contract or sub-contract; or
  2. dishonesty or professional activities;
7. was suspended, disbarred or disqualified by any professional body; or
8. was suspended or prohibited from participating in procurement by an international organization or a foreign government, provided that the Chief Procurement Officer verified that the proceedings of the international organization or foreign government that led to the suspension or prohibition
  1. were based on a fair, independent review of the facts of the case; and
  2. provided the supplier with the opportunity to be heard in his defence and to appeal to an independent body against the original decision.
A foreign supplier shall be permitted to submit, as documentary evidenceof eligibility to participate in public procurement
1. certified copies of equivalent documents from the relevant authority of the country in which the supplier is incorporated or otherwise organized; or
2. an official statement certifying that equivalent documentation is not issued in the country in which the supplier is incorporated or otherwise organized.
The Director may, upon the recommendation of the Chief ProcurementOfficer, determine in accordance with this section that a supplier is ineligible to participate in public procurement but such a decision shall not be made unless
1. the Chief Procurement Officer conducts a thorough investigation of the facts of the case; and
2. the supplier receives reasonable notice, in writing, of the grounds for the decision and the details of the grounds, and is given a reasonable opportunity to be heard on the matter.
A decision that a supplier is ineligible to participate in public procurementand the reason for the decision shall be promptly communicated to the supplier.
Exclusion of supplier from particular procurement proceedings89.(1)A procuring entity shall, with the approval of the Director upon therecommendation of the Chief Procurement Officer, exclude a supplier from participation in procurement proceedings where the supplier
1. has a conflict of interest that is likely to impair the integrity of the procurement proceedings; or
2. is or becomes ineligible to participate in public procurement.

A supplier shall not be excluded from participation in procurementproceedings unless
1. the Chief Procurement Officer conducts a thorough investigation of the facts of the case; and
2. the supplier receives reasonable notice, in writing, of the grounds for the proposed exclusion and the details of the grounds, and is given a reasonable opportunity to be heard on why he should not be excluded.
A decision to exclude a supplier from participation in procurement

proceedings and the reason for the exclusion shall be promptly communicated to the supplier.

Removal from Suppliers Register

90.(1)

The Chief Procurement Officer may remove from the Suppliers

The Chief Procurement Officer shall not remove the name of a supplierfrom the Suppliers Register pursuant to subsection (1) unless he gives the supplier a reasonable opportunity to be heard on why his name should not be removed from the register.
The Chief Procurement Officer shall promptly notify in writing a supplierwhose name has been removed from the Suppliers Register of the fact of the removal and the reason for it.
Qualifications of suppliers‌91.(1)A procuring entity may, at any stage of procurement proceedings,including through pre-qualification proceedings, require a supplier to
1. meet such qualification criteria as the entity considers appropriate in the circumstances; and
2. demonstrate that he has the capability and resources to perform the procurement contract effectively.

Qualification criteria may include
1. professional, technical and environmental qualifications;
2. professional and technical competence;
3. financial resources and equipment and other physical facilities;
4. managerial capability, reliability and experience; and
5. a sufficient number of personnel capable of discharging the obligations of the supplier under the procurement contract.
A procuring entity may, at any stage of procurement proceedings, verifythe qualifications of a supplier.
A procuring entity shall
1. impose on or apply to a supplier, whether in pre-qualification proceedings or otherwise, no qualification criterion other than that set
  out in the pre-qualification notice or document, if any, or in the solicitation document;
2. in determining whether to qualify a supplier, apply qualification criteria equally to all suppliers and evaluate the qualifications of each supplier in accordance with such criteria;
3. establish no qualification criterion, requirement or procedure that discriminates against or among suppliers or categories of suppliers unless the criterion is objectively justifiable.

(5)

shall

Where a procuring entity assesses the qualifications of suppliers, the entity

promptly notify each supplier in writing of whether or not he qualified, and where the supplier did not qualify, inform the supplier, upon his request, of the reasons that he did not qualify; and
supply to any person upon his request, the names of the suppliers who qualified.

Pre-qualification of suppliers

92.(1)

A procuring entity may engage in pre-qualification proceedings in

order to identify, prior to solicitation, suppliers who are qualified to present submissions.

A procuring entity shall, in particular, consider engaging in pre-qualification proceedings where
1. the subject matter of the procurement is highly complex or specialised or requires detailed design or methodology;
2. the cost of preparing a detailed submission would discourage competition; or
3. the evaluation of a submission would necessarily be particularly detailed and the evaluation of a large number of submissions would therefore require excessive time and resources from the entity.
Where a procuring entity desires to have suppliers pre-qualify, the entityshall publish a notice, to be called a pre-qualification notice, inviting suppliers to submit applications to pre-qualify.
The pre-qualification notice shall include
1. the principal terms and conditions of the procurement contract;
2. whether a pre-qualification document is to be issued or whether applications to pre-qualify should be submitted to the entity;
3. where no pre-qualification document is to be issued, the qualification criteria and the procedures to be used for ascertaining the qualifications of suppliers;
4. whether tenders are to be solicited from all pre-qualified suppliers or only from a limited number of suppliers who best meet the qualification criteria;
5. where tenders are to be solicited only from a limited number of suppliers, the maximum number of pre-qualified suppliers from whom tenders are to be solicited and the manner in which that number is to be selected; and
6. the procedure, place and deadline for submitting applications to pre- qualify.
Where a pre-qualification document is to be issued, the entity shall
1. prepare the document in the form of the standard document, if any, issued or approved by the Director for the purpose;
2. include in the document
  1. instructions for preparing and submitting applications to pre- qualify; and
  2. a clear statement of the qualification criteria and of any documentary evidence or information required to be submitted to
    demonstrate, and the procedures to be used to ascertain, the qualifications of suppliers; and
3. supply the document to any supplier who requests it.
Where a procuring entity engages in pre-qualification proceedings, onlysuppliers that the entity has pre-qualified are entitled to participate further in the procurement proceedings.
Clarification of pre-qualification notices and documents93.(1)Where a procuring entity receives, within a reasonable time prior tothe deadline for the submission of applications to pre-qualify, a request from a supplier for clarification of a pre-qualification notice or a pre-qualification document, the entity shall
1. provide the clarification to the supplier; and
2. without identifying the source of the request, in the case of
  1. a pre-qualification notice, publish the clarification; or
  2. a pre-qualification document, communicate the clarification to all other suppliers to whom the entity provided the document.

A procuring entity shall provide a clarification referred to in subsection(1), whether by publication or otherwise, to all suppliers at the same time and within sufficient time to enable them to present their applications to pre-qualify before the deadline for submission.
A procuring entity may, prior to the deadline for submitting applicationsto pre-qualify, and, where required pursuant to section 7, with the approval of the relevant tenders committee, whether on its own initiative or as a result of a request for clarification by a supplier, modify a pre-qualification notice or a pre- qualification document by issuing an addendum.
The addendum shall
1. in the case of
  1. a pre-qualification notice, be published promptly; and
  2. a pre-qualification document, be communicated promptly to the suppliers to whom the entity provided the pre-qualification document; and
2. be binding on the suppliers.
Where a procuring entity issues a clarification or modification of a pre-qualification notice or a pre-qualification document, the entity shall, prior to the deadline for presenting applications to pre-qualify, extend, or where required pursuant to section 7, request the relevant tenders committee to extend the deadline where necessary in order to afford suppliers sufficient time to take the clarification or modification into account in preparing their applications.
The procuring entity, or where required pursuant to section 7, the relevanttenders committee may, in its absolute discretion, prior to a deadline for presenting applications to pre-qualify, extend the deadline where it is not possible for one or more suppliers to present their applications by the deadline because of any circumstance beyond their control.
Notice of an extension of a deadline shall
1. in the case of a pre-qualification notice, be published; and
2. in the case of a pre-qualification document, be given to all suppliers to whom the entity provided the document.
The functions of a tenders committee under this section shall be discharged

by the chairman of the committee.

PART VIII CHALLENGE PROCEEDINGS

Appeals to Tribunal in respect of registration, exclusion etc.‌

A supplier may, upon payment of such fee as may be prescribed,appeal to the Tribunal against a decision
1. to refuse to register him or renew his registration;
2. that he is ineligible to participate in public procurement;
3. to exclude him from participation in public procurement; or
4. to remove his name from the Suppliers Register.

Procedure for appeal

95.(1)

(a)

(b)

An appeal under section 94 shall be in writing; and

submitted within 14 days of receipt by the supplier of notice of a decision referred to in that section.

The Tribunal shall, within 15 days of receipt of the appeal, determinewhether to entertain or dismiss the appeal.
The Tribunal may dismiss an appeal where it determines that the appeal
1. is manifestly without merit; or
2. was not submitted by the deadline set out in subsection (1)(b),

and a dismissal constitutes a decision on the appeal.

Reconsideration of decision or action by procuring entity or tenders committee ‌

96.(1)

A supplier who participates in procurement proceedings and alleges

that he has suffered or is likely to suffer loss or injury because a decision or action of a procuring entity or tenders committee in relation to the proceedings does not comply with this Act may, upon payment of such fee as may be prescribed, apply to the entity or committee to reconsider the decision or action.

An application for reconsideration shall
1. be in writing;
2. include particulars of the decision or action that the supplier alleges does not comply with this Act; and
3. where the application relates to
  1. the terms of solicitation or pre-qualification or a decision or action taken in pre-qualification proceedings, be submitted prior to the deadline for presenting submissions; or
  2. any other decision or action taken in the procurement proceedings, be submitted within the standstill period, if any, or, where no standstill period is applied, prior to the execution of
    1. the procurement contract; or
    2. the framework agreement, where a framework agreement is involved.
A procuring entity or tenders committee shall
1. within 5 days of receipt of an application for reconsideration
  1. publish a notice of the application; and
  2. notify all participants in the procurement proceedings of the submission of the application and its substance; and
2. within 10 days of publication of the notice
  1. determine whether to entertain or dismiss the application and, where it determines to entertain the application, whether to suspend the procurement proceedings to which the application relates; and
  2. notify the applicant and all other participants in the procurement proceedings of its decision to entertain or dismiss the application and where the application is
    1. to be entertained, of whether the procurement proceedings are suspended and if so, the duration of the suspension or, if not, the reason for the decision not to suspend the proceedings; or
    2. dismissed, the reason for the dismissal.
A procuring entity or tenders committee may dismiss an application forreconsideration where it determines that the application
1. is manifestly without merit; or
2. was not submitted by the deadline set out in subsection (2)(c),and a dismissal constitutes a decision on the application.
Where a procuring entity or tenders committee determines to entertain anapplication for reconsideration, the entity or committee
1. may overturn, correct, vary or uphold any decision or action it took in the procurement proceedings to which the application relates or the entity may cancel the procurement; and
2. shall, within 20 days of publication of the notice referred to in subsection (3)(a),
  1. issue its decision on the application; and
  2. communicate its decision to the applicant, all other participants in the proceedings for reconsideration and all other participants in the procurement proceedings.
A procuring entity or tenders committee shall give its decision and thereason for it, and state any action taken pursuant to it, in writing.
Appeals to Tribunal in respect of reconsideration proceedings‌97.(1)A supplier who applies to a procuring entity or tenders committee forreconsideration of a decision or action may, upon payment of such fee as may be prescribed, appeal to the Tribunal where
1. the entity or committee does not
  1. give notice to him in accordance with section 96(3)(b)(ii) and (6); or
  2. communicate its decision to him in accordance with section 96(5) and (6); or
2. he is dissatisfied with the decision of the entity or committee in respect of his application.

An appeal to the Tribunal shall
1. be in writing; and
2. where
  1. it relates to a failure of a procuring entity or tenders committee to
    1. give notice to a supplier in accordance with section 96(3)(b)
  2. and (6); or(B) communicate its decision to a supplier in accordance with section 96(5) and (6),be submitted within 14 days after the notice should have been given or the decision should have been communicated to the supplier in accordance with section 96; or
    (ii) it is against a decision of a procuring entity or tenders committee in respect of an application for reconsideration, be submitted within 14 days of the communication to the supplier of the decision of the entity or committee.
Where a supplier appeals to the Tribunal
1. the authority of the procuring entity or tenders committee to entertain his application ceases; and
2. the entity or committee shall, upon receipt from the Tribunal of notice of the appeal, promptly provide the Tribunal with all documents relating to the procurement proceedings.
The Tribunal shall
1. within 5 days of receipt of an appeal, publish a notice of the appeal; and
2. within 10 days of publication of the notice,
  1. unless it decides that urgent public interest considerations require the procurement proceedings to continue, order the suspension of the proceedings where and for as long as it determines that a suspension is necessary to protect the interests of the appellant; and
  2. notify the procuring entity, the tenders committee and all participants in the procurement proceedings to which the appeal relates of the appeal and its substance and its decision
    1. to suspend the proceedings and the duration of the suspension; or
    2. not to suspend the proceedings and the reason for its decision.
The Tribunal may order that any suspension imposed under subsection (4)be extended or lifted.
The Tribunal may dismiss an appeal and order that any suspension imposedbe lifted where it determines that the appeal
1. is manifestly without merit; or
2. was not submitted by the deadline set out in subsection (2)(b),and a dismissal constitutes a decision on the appeal.
The Tribunal shall within 20 days of publication of the notice referred toin subsection (4)(a)
1. issue its decision on the appeal; and
2. communicate its decision to the appellant, the procuring entity, the tenders committee and all other participants in the procurement proceedings.

Hearing of appeal ‌

98.(1)

An appeal to the Tribunal shall be heard and determined by the

chairman and not less than 2 members of the Tribunal selected by the chairman, and the chairman and the members so selected shall have all the powers of the Tribunal in relation to the appeal.

In the event of a difference of opinion among members sitting together,the opinion of the majority shall prevail.
The Tribunal may, if it thinks fit, receive oral or written evidence, andunder oath or otherwise, but it is not bound by the rules of evidence in the Evidence Act, Cap. 121 and it may take into account opinion evidence and such facts as it considers relevant and material.
The Tribunal shall allow every party to an appeal to appear in person orby representative, and, where the Tribunal receives oral evidence, to examine and cross-examine witnesses.
Notwithstanding subsection (4), the Tribunal may proceed in the absenceof a party who has been given reasonable notice in writing to attend.
The Tribunal shall, subject to section 101, receive evidence in public.
The Tribunal may issue summonses, make orders and give directions tosuch persons and in such manner as it thinks fit for the purpose of summoning witnesses, requiring the disclosure of documents or other evidence and requiring parties or witnesses to answer questions and, generally, for conducting its proceedings in a proper and orderly manner.
The Tribunal may report to the High Court the conduct of any person whodisobeys any subpoena, order or direction properly issued under subsection (7), or says or does any other thing that would, if the Tribunal were a superior court of law, be contempt of court.
Where a report is made under subsection (8), the High Court shall hear the

complaint and any defence, and may punish the person concerned in the same manner as if the person were guilty of contempt of the High Court.

Decisions by Tribunal ‌

99.(1)

In taking its decision on an appeal that it has entertained, the Tribunal

may review the whole case in respect of law and fact, and the exercise of any discretion, and shall determine the case in accordance with its own judgment.

Without prejudice to the generality of subsection (1), the Tribunal may
1. confirm a lawful decision;
2. revise an unlawful decision or substitute its own decision for such a decision;
3. overturn, wholly or in part, an unlawful act or decision, other than a decision that results in the execution of a procurement contract or framework agreement;
4. prohibit any individual or entity from acting or deciding unlawfully or from following an unlawful procedure;
5. require any individual or entity that has acted or proceeded in an unlawful manner or that has reached an unlawful decision, to act or proceed in a lawful manner or reach a lawful decision;
6. order that procurement proceedings be terminated; or
7. dismiss the appeal.
The Tribunal shall give reasons for any decision it makes on a matter beforeit, including a decision to dismiss a matter, and shall state the decision and the reasons for it, in writing.
Nothing in this Part shall permit the Tribunal to interfere with aprocurement contract or framework agreement that has been executed.
Decisions of the Tribunal shall be made available for public inspection.
Costs100.
The Tribunal shall not award costs to any party to an appeal other thansums in respect of the reasonable costs incurred in
1. the preparation of the submission relating to an application for reconsideration or the appeal; and
2. the obtaining of an expert report,

and any such award shall be at the discretion of the Tribunal.

Disclosure in reconsideration and appeal proceedings ‌

101. No information shall be disclosed in proceedings under sections 94 to

99 and no public hearing shall be held under those sections where

the Tribunal is of the opinion that evidence may be disclosed relating to financial or other personal circumstances of any person and that the balance of advantage is in favour of preventing the disclosure of the evidence in public, having regard both to the public interest and the interest of the person concerned; or
to do so would prejudice national security, impede law enforcement, prejudice the legitimate, commercial interests of a supplier or impede fair competition.

Rights of participants in reconsideration and appeal proceedings

102.(1)

A supplier who is a party in procurement proceedings to which an

application for reconsideration of a decision or action by a procuring entity or tenders committee or an appeal relates and the procuring entity, the tenders committee and any other governmental authority the interests of which are, or are likely to be, affected by the application or appeal have the right to

participate in the proceedings under sections 94 to 99;
be present and represented at all hearings during the proceedings;
be heard;
present evidence, including from witnesses;
request, subject to section 101, that any hearing should take place in public; and
obtain, subject to section 101, access to the record of the proceedings.
A supplier who fails to participate in proceedings for a reconsideration oran appeal referred to in subsection (1) is barred from subsequently challenging the decisions or actions that are the subject matter of the application for reconsideration or the appeal.
Effect of an application for reconsideration or an appeal103.(1)A procuring entity shall not take any step that would result in theexecution of a procurement contract or framework agreement where the entity receives, in respect of a decision or action taken in procurement proceedings related to the contract or agreement

The prohibition referred to in subsection (1) shall expire on the fifteenthday after the decision of the procuring entity, tenders committee or Tribunal on the application for reconsideration or the appeal, as the case may be, is communicated to
1. the applicant or appellant, as the case may be;
2. the procuring entity, where applicable;
3. all other participants in the proceedings for reconsideration or all parties to the appeal, as the case may be; and
4. all other participants in the procurement proceedings to which the application or appeal relates.
A procuring entity may, at any time, apply to the Tribunal to authorize theentity to enter into a procurement contract or framework agreement on the ground that urgent public interest considerations so justify.
The decision of the Tribunal and the reason for the decision shall promptly

be communicated to the persons referred to in paragraphs (a) to (d) of subsection (2).

Court proceedings

104.(1)

A party to an appeal to the Tribunal may appeal from the decision of

the Tribunal to the Court of Appeal.

In disposing of an appeal under this section, the Court of Appeal may
1. confirm or vacate the determination;
2. make an order referring the determination back to the Tribunal for re- determination in accordance with the directions of the court; or
3. make such other orders as it considers necessary.

PART IX MISCELLANEOUS

Form of procurement contract

105.(1)

A procurement contract shall, subject to subsection (2), be a written

agreement drawn up in a form approved by the Solicitor General.

Where the estimated value of the procurement contract is less than $50000, the contract may be a purchase order in a form approved by the Director.
All contract documents shall be in the form, and include the terms andconditions, included or indicated in the solicitation document, subject to any changes resulting from the acceptance of the successful submission or from negotiations.
Where
1. the value of a contract equals or exceeds the relevant threshold specified in section 16(1)(a); or
2. the contract includes terms and conditions other than those provided in the standard form approved by the Solicitor General,the procuring entity shall, prior to executing the contract, ensure that the contract is approved by the Solicitor General or another legal officer nominated by the Solicitor General, or, in the case of a procuring entity that is a state-owned enterprise or a commercial state-owned enterprise, by such legal officer as the entity may approve for the purpose.
Where
1. the value of a contract exceeds 5 per cent of the operational budget of a state-owned enterprise or a commercial state-owned enterprise; or
2. the terms and conditions of a contract will result in more than one per cent of recurrent expenditure being added to the operational budget of any procuring entity,

the procuring entity shall, prior to executing the contract, in addition to complying with subsection (4), ensure that the contract is approved by the Minister.

Procurement record and contract management record ‌

106.(1)

A procuring entity shall maintain for a period of no less than 7 years

from the date of completion of performance under a procurement contract, a record of

the procurement proceedings; and
the management of the procurement contract.

A procurement record shall include
1. any request to initiate the procurement proceedings and the consistency of the request with a procurement plan;
2. a brief description of the goods, works or services involved;
3. where a procuring entity uses a method of procurement other than open tendering, a statement of the reasons and circumstances relied upon to justify the use of such other method and evidence of any permission granted for the use of the method;
4. a copy of any notice published;
5. any list of suppliers or organizations to which an invitation to tender or other similar notice was sent directly;
6. any shortlist of suppliers or list of pre-qualified suppliers used;
7. a copy of any pre-qualification or solicitation document issued and any amendment to, or clarification of, such document;
8. a record of the submissions received, including the name and address of each supplier who presented a submission;
  (i)(j)
  (k)
  (l)(m)
  (n)
  (o)(p)(q)
  (r)(s)
  (t)a record of any opening of tenders;copies of all submissions evaluated and any clarification requested from a supplier and the response received;any evaluation report prepared, including in respect of applications for pre-qualification;minutes of any meeting held with suppliers;a copy of the successful tender notice, or, where no standstill period was applied and no successful tender notice issued, a statement of the reasons and circumstances relied upon by the procuring entity in deciding, in accordance with section 34(5), not to apply a standstill period;the name and address of the successful supplier and a copy of the successful tender acceptance notice;any submissions to, and decisions of, a tenders committee;any reason given to a supplier for the rejection of his submission;any decision of a procuring entity to reject a submission as abnormally low and the reason for the decision and, in particular, the concerns that led the entity to reject the submission and its reasons for holding such concerns, and all communications with the supplier in relation to the submission;any decision to cancel the procurement and the reason for the decision;any decision to exclude a supplier from the procurement proceedings and the reason for the decision; andin the case of an application for reconsideration or an appeal under Part VIII, a copy of the application for reconsideration or appeal, as the case may be, and of all decisions taken in the relevant proceedings and the reasons for the decisions.
A contract management record shall include(a)(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)(k)the successful tender acceptance notice;a copy of the executed contract document and any agreed contract amendments;any variations issued under the contract or call-off orders issued under a framework agreement;all post-contract documentation relating to the fulfilment of contractual obligations including copies of guarantees;minutes of any meetings related to the management of the contract, including contract progress or review meetings;all documentation evidencing deliveries of goods or completion certificates in relation to contracts for works or services;copies of test reports relating to any tests performed on the goods and works;copies of all invoices including supporting documentation and details of the actual payment authorized;details of any claims made or penalties imposed by the procuring entity in accordance with the contract;all correspondence between the procuring entity and the supplier; and a copy of the report referred to in section 40(1).
Procurement records and contract management records shall be accuratelymaintained and kept up to date and may be in electronic form.
Where procurement and contract management records are in electronic

form, the procuring entity shall establish and maintain measures to safeguard the integrity and the reliability of the records.

Public procurement manuals, standard documents and instructions

107. The Director may issue public procurement instructions and manuals

to provide guidance on, and standard documents and forms for the implementation of, this Act.

Annual reports

108.(1)

The Chief Procurement Officer shall, at the end of a financial year,

prepare a report on the operation and performance of the public procurement system for the year.

The report shall include
1. a figure representing the total value of contracts awarded by procuring entities and another figure representing the cost of the total value of procurement contract variances for the year;
2. the number of unfulfilled contracts awarded;
3. a summary of the procurement activities of each procuring entity that sets out
  1. the number of procurement contracts awarded;
  2. the number of procurement contracts varied and the reason for the variance;
  3. the quantum of the variances;
  4. the number of unfulfilled procurement contracts and the quantum of cost incurred thereby;
  5. with respect to procurement for a project, a brief description of the project and the name of the supplier to whom the contract was awarded and the value, scope of works and expected deliverables of the project;
  6. any lessons learnt as a consequence of the management of the procurement contracts; and
  7. the number of unsolicited proposal agreements entered into together with a brief description of the proposal, the name of the proponent and any procurement contract awarded as a result of the proposal;
4. details of changes implemented to ensure that current best practice for public procurement is observed;
5. the names of any procuring entities that have failed to comply with this Act;
6. an assessment of the overall operation and performance of the public procurement system;
7. a summary of any issues to be resolved; and
8. any recommendations requiring action on the part of a procuring entity.
The report need not include details of contracts valued at less than therelevant threshold specified in section 16(1)(a) other than the total number and value.
The Minister shall cause a report prepared pursuant to subsection (1) to be

laid in Parliament within 4 months of the end of the financial year to which the report relates.

Confidentiality in procurement proceedings

109.(1)

A procuring entity shall not, unless in accordance with an order of the

court, disclose any information related to its procurement proceedings or suppliers where to do so would prejudice national security, impede law enforcement, prejudice the legitimate, commercial interests of suppliers or impede fair competition.

A procuring entity shall, unless it is required to provide or publishinformation in accordance with this Act or any rules made under this Act, treat
applications to pre-qualify and submissions in such a manner as to avoid the disclosure of their contents to competing suppliers or to any other person not authorized to have access to the information.
Subject to subsection (1), in procurement involving information that aprocuring entity considers to be secret, a procuring entity may
1. impose on suppliers requirements aimed at protecting the information; and
2. require suppliers to ensure that their sub-contractors comply with such requirements.
A procuring entity shall, subject to any other law to the contrary, keepconfidential the commercial and proprietary information that comes into its possession in relation to procurement proceedings.
Disclosure of interest110.(1)Where an officer or a member of a tenders committee or of theTribunal is interested in any matter requiring the consideration and decision of the officer, committee or Tribunal, or is interested in any party to any such matter, the person so interested shall
1. disclose such interest as soon as practicable after he becomes aware of the matter; and
2. absent himself from, and refrain from participation in, the deliberations or decision-making process in relation to the matter.

A disclosure of interest shall be recorded in the minutes of the meeting atwhich it is made or to which it relates or in the record of the hearing of the Tribunal to which it relates.
Subsections (1) and (2) apply, with such modifications and adaptations as

may be necessary, to advisers and technical specialists who provide advice to a tenders committee or the Tribunal and to staff who provide secretarial services to a tenders committee or the Tribunal.

Protection from suit, victimization etc.

111.(1)

No action shall be instituted against a member of the Tribunal in

respect of the discharge or purported discharge, in good faith, of his functions under this Act.

Notwithstanding any other law, a person shall not be discharged, demoted,suspended, threatened, harassed, financially prejudiced or otherwise discriminated against or victimized for making a report under section 112(1)(d).
A person who is discharged, demoted, suspended, threatened, harassed,financially prejudiced or otherwise discriminated against or victimized for making a report under section 112(1)(d) shall, where applicable, be reinstated in his original office with no loss of benefit and without prejudice to any other legal recourse available to him.
A person who discharges, demotes, suspends, threatens, harasses or in anymanner discriminates against or victimizes a person or acts so as to prejudice the livelihood of a person as a consequence of his making a report under section 112(1)(d) is guilty of an offence and is liable on summary conviction to a fine of$100 000 or to imprisonment for 3 years or to both such fine and imprisonment.
Officers engaged in procurement activities‌112.(1)An officer who is engaged in the procurement activities of a procuringentity shall
1. have regard to the objectives specified in section 12 in relation to public procurement and otherwise comply with this Act;
2. exercise any functions that he has in relation to public procurement
  1. diligently and with the degree of care and efficiency that a reasonable person would exercise in the circumstances; and
  2. impartially to ensure that suppliers have fair and competitive access to opportunities in public procurement;
3. keep confidential any information relating to public procurement that comes into his possession including any proprietary information of suppliers; and
4. disclose to the Chief Procurement Officer any information in his possession concerning any act of impropriety or illegality in respect of such activities or any breach of this Act.
  1. An officer who is engaged in the procurement activities of a procuringentity shall not participate as a supplier in such activities.
  2. Where the Chief Procurement Officer or the Tribunal has reasonable cause
  to believe that there has been misconduct or a breach of this Act by an officer, the Chief Procurement Officer or Tribunal shall refer the matter to the appropriate authority for further investigation.
  Offences and penalties113.(1)(a)
  (b)
  (c)
  (d)A person whois not a public officer and does not declare a conflict of interest as required by section 28(4);without reasonable excuse, fails or refuses to give information, or produce any books, documents or records required under section 5(2) or section 98(7);without reasonable excuse, refuses to answer a summons as required under section 98(7);knowingly gives false or misleading information or evidence in purported compliance with a request or summons under section 5(2) or section 98(7);
5. assaults, resists or obstructs the Chief Procurement Officer or staff designated by him, in the exercise of their powers to access or require relevant information in accordance with section 5(2); or
6. contrary to this Act, interferes, with or exerts undue influence on, the Director or the Chief Procurement Officer or any officer appointed to assist the Director or the Chief Procurement Officer or on a procuring entity in the performance of the functions assigned to the person or entity or in the exercise of the powers granted under this Act,

is guilty of an offence and is liable on conviction on indictment to a fine of $170 000 or to imprisonment for 7 years or to both such fine and imprisonment.

(2) Notwithstanding subsection (1), a person who fails or refuses to answer

any question or make any statement that may incriminate him is not guilty of an offence under that subsection.

Rules 114.

The Minister may make Rules for giving effect to this Act.

Repeal and consequential changes

115.(1)

The Financial Management and Audit (Supplies) Rules, 1971

(S.I. 1971 No. 47) are repealed.

(2) The enactment set out in first column of the Fourth Schedule is amended

to the extent set out opposite thereto in the second column.

Transitional provisions

This Act does not apply to procurement initiated before thecommencement of this Act and such procurement shall be conducted and dealt with as if this Act had not commenced.
Commencement
This Act shall come into operation on a day to be fixed byProclamation.
FIRST SCHEDULE
(Sections 2 and 3)
Public Procurement Bill, 2021(Act 2021- )
PROTOCOL
ON
PUBLIC PROCUREMENT
FOR THE CARIBBEAN COMMUNITY
First Schedule – (Cont’d)
ARRANGEMENT OF ARTICLES
PREAMBLE
PART ONE GENERAL PROVISIONSARTICLE
1. USE OF TERMS
2. OBJECTIVES
3. OPERATING PRINCIPLES
4. IMPLEMENTATION
  PART TWO SCOPE AND COVERAGE
5. SCOPE OF APPLICATION
6. THRESHOLD REVIEW
7. CONTRACT VALUATION RULES
8. RULES OF ORIGIN
9. PROHIBITION OF OFFSETS
  First Schedule – (Cont’d)
  PART THREE
  INFORMATION AND COMMUNICATION TECHNOLOGIES
10. COMMUNICATION MODALITIES
11. INFORMATION SYSTEMS
  PART FOUR PROCUREMENT PROCEEDINGS
12. COMMUNITY STANDARD BIDDING DOCUMENTS
13. ANNUAL PROCUREMENT PLAN
14. PUBLICATION OF PROCUREMENT OPPORTUNITIES
15. PROCUREMENT METHODS
16. TIME LIMITS
17. SUBMISSION, RECEIPT AND OPENING OF BIDS
18. EVALUATION OF BIDS AND NOTICE OF SUCCESSFUL BID
19. PUBLICATION OF NOTICE OF CONTRACT AWARD
20. RECORD OF PROCUREMENT PROCEEDINGS
21. CONTRACT ADMINISTRATION
22. STATISTICAL REPORTING
  First Schedule – (Cont’d)
  PART FIVE
  TRANSPARENCY, FAIRNESS AND SUPPLIER CHALLENGE
23. TECHNICAL SPECIFICATIONS
24. QUALIFICATION AND ELIGIBILITY OF SUPPLIERS
25. LIMITATION ON DISCLOSURE OF INFORMATION
26. ANTI-CORRUPTION AND CONFLICTS OF INTEREST
27. NORMS AND STANDARDS
28. SUPPLIER CHALLENGE AND REVIEW
  PART SIX
  TECHNICAL COOPERATION AND ASSISTANCE
29. TECHNICAL COOPERATION AND ASSISTANCE
  PART SEVEN INSTITUTIONAL ARRANGEMENTS
30. THE PERMANENT JOINT COUNCIL ON PUBLIC PROCUREMENT
31. COMMUNITY PUBLIC PROCUREMENT NOTICE BOARD
32. COMMUNITY AND NATIONAL SUPPLIERS REGISTERS
  First Schedule – (Cont’d)
  PART EIGHT SPECIAL PROVISIONS
33. DISPUTE SETTLEMENT
34. PUBLIC PROCUREMENT AND THE ENVIRONMENT
35. GENERAL AND SECURITY EXCEPTIONS
  PART NINE FINAL PROVISIONS
36. SIGNATURE AND PROVISIONAL APPLICATION
37. RATIFICATION
38. ENTRY INTO FORCE
39. AMENDMENTS
40. RESERVATIONS
41. ACCESSION
  ANNEX A ANNEX B
  First Schedule – (Cont’d)
  PREAMBLE
  THE STATES PARTIES,
  Recalling the undertaking of the Member States in Article 239 of the Revised Treaty of Chaguaramas to elaborate a Protocol relating, inter alia, to government procurement;
  Recognising the importance of the contribution of government procurement to the gross domestic product (GDP) of the Member States;
  Conscious of the Member States’ transition from government procurement to public procurement;
  Aware that the Member States provide considerable procurement opportunities for CARICOM-based suppliers of goods, services and works in the CARICOM Single Market and Economy (CSME);
  Conscious that the Member States are likely to secure the best value for money if the procurement policies of their Governments are informed by policies of fair competition, non- discrimination and transparency;
  Desirous of strengthening the regional supplier base and providing opportunities for micro, small and medium-sized enterprises to participate in procurement opportunities;
  Acknowledging that the Less Developed Countries are disadvantaged by reason of the size, structure and vulnerability of their economies and require a greater policy space in the context of public procurement contracts for the procurement of works in order to facilitate adjustment to competition in the Community public procurement regime;
  First Schedule – (Cont’d)
  Committed to enhancing the quality of governance in the Caribbean Community through the promotion of fairness, transparency and accountability in the supply of goods, services and works within the CSME;
  Convinced that a sound, eﬃcient, transparent and credible policy of public procurement by the Member States will contribute significantly to the achievement of the objectives of the Caribbean Single Market,
  Have agreed as follows:
  First Schedule – (Cont’d)
  PART ONE GENERAL PROVISIONSARTICLE 1 USE OF TERMSIn this Protocol, unless the context otherwise requires: “bidder” means a supplier who has submitted a bid; “bidding documents”:
  1. means documentation containing information in respect of a procurement opportunity; and
  2. includes the invitation to bid, specific information concerning the item(s) to be procured including any technical or other specifications, conditions for supplier participation, the manner, date and time for the submission of bids, the form and format of the bid, evaluation criteria, the form of contract, the implementation period and any other relevant information;

“CARICOM” means the Caribbean Community;

“Community” means the Caribbean Community established by Article 2 of the Revised Treaty and includes the CSME as established by the Revised Treaty;

“Community Council of Ministers” or “Community Council” means the Organ of the Community so named in paragraph 1(b) of Article 10 of the Revised Treaty;

“Community Public Procurement Notice Board” means the electronic notice board established by the Contracting Parties pursuant to Article 31;

First Schedule – (Cont’d)

“Community public procurement regime” means the regime operated among Contracting Parties in which public procurements to which this Protocol applies are conducted;

“Community Rules of Origin” means the Rules of Origin set out in Article 84 of the Revised Treaty, in so far as they may be applicable, and as amended from time to time;

“Community Suppliers Register” means the register described in paragraph 1 of Article 32;

“concession” means a long-term contract for works in relation to which:

the consideration for the works to be carried out consists:
1. solely of the right to exploit the activity; or
2. of a combination of the right set out in subparagraph (i) and the right to payment; and
the concessionaire bears the risk inherent in the exploitation by providing funding for the activity or otherwise;

“Contracting Party” means a Member State that is a party to this Protocol;

“Council for Trade and Economic Development” or “COTED” means the Organ of the Community so named in paragraph 2 (b) of Article 10 of the Revised Treaty;

“CSME” means the regime established by the provisions of the Revised Treaty replacing Chapters Three through Seven of the Annex to the Treaty Establishing the Caribbean Community and Common Market signed at Chaguaramas, The Republic of Trinidad and Tobago on 4 July 1973;

“disadvantaged country, region or sector” means a country, region or sector so designated under paragraph 2 of Article 142 of the Revised Treaty;

“eﬀectively controlled” in the context of a company or other legal entity, means the power to name a majority of its directors or to otherwise legally direct its actions;

First Schedule – (Cont’d)

“force majeure”:

means an event that is beyond the reasonable control of a person and which makes the person’s performance of his or her obligations impossible or so impractical as to be reasonably considered to be impossible in the circumstances; and
includes –
1. war, riots, civil disorder, strikes, lockouts, industrial action (except where such strikes, lockouts or industrial action are within the power of the person invoking the force majeure), confiscation or any other action by Government agencies; and
2. earthquakes, fire, floods, storms or explosions;

“green procurement” means the acquisition of goods, services or works in a manner that causes minimal adverse environmental impact and includes:

improved recyclability;
high recycled content;
greater energy eﬃciency;
utilising clean technology or clean fuels;
reduced water consumption;
reduced emissions of irritating or toxic substances during installation or use; and
reduced production of toxic substances during use or disposal;

First Schedule – (Cont’d)

“in writing” means any expression of information in words, numbers or other symbols, including electronic symbols which can be read, reproduced and stored;

“less developed countries” means the countries referred to as less developed countries in Article 4 of the Revised Treaty;

“Member State” means a Member State of the Community, excluding an Associate Member within the meaning of Article 231 of the Revised Treaty;

“more developed countries” means the countries referred to as more developed countries in Article 4 of the Revised Treaty;

“national of a Contracting Party” means:

an individual who:
1. is a citizen of a Contracting Party; or
2. has a connection with a Contracting Party of a kind which entitles him to be regarded as belonging to it or as being a native or resident of a Contracting Party for the purposes of the laws of the respective Contracting Party relating to immigration; or
a company or other legal entity constituted in a Contracting Party in conformity with the laws thereof and which that Contracting Party regards as belonging to it, provided that such company or other legal entity:
1. has its registered oﬃce and central administration, and carries on substantial activity within a Contracting Party; and
2. is substantially owned and eﬀectively controlled by an individual mentioned in paragraph (a);

First Schedule – (Cont’d)

“oﬀsets” means any conditions or undertakings that encourage local development or improve a Contracting Party’s balance of payments account, such as the application of margins of preference for the use of domestic content or domestic suppliers, requirements for the licensing or the transfer of technology, domestic investment requirements, counter trade and similar actions;

“open bidding” means a procurement method in which an interested supplier may submit a bid for a procurement contract;

“Permanent Joint Council” means the Permanent Joint Council on Public Procurement established under Article 30;

“private party” in the context of public-private partnerships, means a majority privately owned company or consortium;

“procurement” means the acquisition of goods, services or works or any combination thereof;

“procurement method” means the method to be used to engage in public procurement;

“procurement opportunity” means an opportunity for suppliers to participate in procurement proceedings;

“procurement proceedings” means the initiation and conduct of the process of eﬀecting a public procurement up to the award of a contract;

“procuring entity” in relation to a Contracting Party, means a central, sub-central or local government entity, statutory body, state-owned entity or other undertaking in a Contracting Party that engages in public procurement;

“public asset” means any new or existing infrastructure for public use;

“public funds” means monies derived from:

revenue including all tolls, taxes, imposts rates, duties, fees, penalties, forfeitures, rents and dues, proceeds of sale and all other receipts of a Contracting Party’s Government, from whatever sources arising, and over which Parliament has the
First Schedule – (Cont’d)
power of appropriation, including the proceeds of all loans raised; and
any trust or other monies held, whether temporarily or otherwise, in the name of a Contracting Party’s Government;

“public-private partnership” means a long-term contract between a procuring entity and a private party:

to develop (possibly by significant upgrade or renovation) and to manage a public asset or to provide a service on behalf of the procuring entity;
in which the private party bears significant risk and management responsibility throughout the life of the contract;
in which the private party provides a significant portion of the finance at its own risk; and
where the remuneration to the private party is significantly linked to performance or the demand for or use of the public asset or service related to, or oﬀered by means of, the public asset so as to align the interests of the procuring entity and the private party;
“public procurement” means procurement for or on behalf of a procuring entity using public funds by way of purchase, rental, lease, concession or hire-purchase with or without an option to buy but not with a view to commercial resale or use in the production of goods and services by private commercial entities for commercial use;
“public use” means for use by or for the benefit of the public;
“publish” means to disseminate information in an electronic, paper or other medium that is distributed widely and is readily accessible to suppliers who are entitled to participate and are interested in participating in a procurement opportunity;
“Revised Treaty” means the Revised Treaty of Chaguaramas signed at Nassau, The Bahamas on 5 July 2001;
First Schedule – (Cont’d)
“Secretariat” means the Secretariat of the Community referred to in Article 23 of the Revised Treaty;
“substantially owned” in the context of a company or other legal entity, means having a beneficial ownership of more than 50 per cent of the equity interest therein;
“supplier” means a national of a Contracting Party, who oﬀers the execution of works or the supply of goods or services on a market but does not include State-owned entities;
“technical specification” means a detailed description which:
1. specifies the characteristics of the goods, services or works to be procured or their related processes and production methods, including the applicable administrative provisions, and a requirement relating to conformity assessment procedures that a procuring entity prescribes; and
2. addresses quality, performance, safety, dimensions, symbols, terminology, packaging, marking and labelling as they apply to a good, process, service, production or operating method;

“third country” means a country that is not a Member State;

“traditional media” includes television, radio, newspapers, magazines, newsletters and other print publications; and

“Treaty” means the Treaty Establishing the Caribbean Community and Common Market signed at Chaguaramas, The Republic of Trinidad and Tobago on 4 July 1973;

ARTICLE 2 OBJECTIVES

This Protocol establishes the conditions and procedures for the progressive integration of the national public procurement market of each Contracting Party into a single, unified and open area through the design and implementation of a regional best practice regime for public

First Schedule – (Cont’d)

procurement and, in so doing:

creates the necessary competitive and non-discriminatory conditions to facilitate achievement of best value for money;
provides opportunities for access to a single market with regional sales opportunities;
strengthens the competitiveness of the regional supplier base in particular in relation to micro, small and medium-sized enterprises; and
encourages the rational use of scarce resources.

ARTICLE 3 OPERATING PRINCIPLES

Consistent with the objective of this Protocol, each Contracting Party shall, in its public procurements to which this Protocol applies, give eﬀect to the following principles:
1. national treatment and most favoured nation treatment;
2. transparency;
3. accountability;
4. best value for money; and
5. procedural fairness.
In accordance with paragraph 1, each Contracting Party shall:
1. ensure that procurement policies, administrative rules, guidelines, procedures and practices which are within the scope of application of this Protocol, as set out in Article 5, are not prepared, adopted or applied so as to aﬀord protection or favour
  First Schedule – (Cont’d)
  to, or bias against, the goods, services, works or suppliers of any other Contracting Party;
2. grant the goods, services, works and suppliers of any other Contracting Party treatment that is no less favourable than that accorded by them to domestic goods, services, works and suppliers;
3. grant the goods, services, works and suppliers of any other Contracting Party treatment that is no less favourable than that accorded by them to the goods, services, works and suppliers of a Member State not party to this Protocol or a third country;
4. ensure that procuring entities do not treat a locally established supplier less favourably than another locally established supplier on the basis of the degree of aﬃliation to, or ownership by a person or persons of any other Contracting Party; and
5. ensure that adequate and relevant information on public procurement and procurement opportunities is made accessible and widely available to suppliers in a consistent and timely manner at reasonable or no cost.

ARTICLE 4 IMPLEMENTATION

In the context of public procurements to which this Protocol applies, each Contracting Party:

shall enact, monitor and enforce appropriate public procurement legislation that is compatible with the provisions of this Protocol;
shall establish, strengthen and maintain national institutional arrangements to ensure the enforcement of and compliance with public procurement legislation enacted in accordance with paragraph (a); and
shall not introduce in its territory any new restrictions, whether or not so expressly stated, the eﬀect of which would be to prohibit or otherwise limit the participation of suppliers in public procurements to which this Protocol applies.

First Schedule – (Cont’d)

PART TWO SCOPE AND COVERAGE

Subject to paragraph 2, this Protocol applies to every public procurement of a value equal to or greater than the relevant threshold specified in Annex A.
The provisions of this Protocol shall not apply to public procurements:
1. under agreements between a Contracting Party and an international organisation which limit participation in public procurement;
2. under agreements between a Contracting Party and:
  1. a Member State that is not party to this Protocol; or
  2. a third country,
    for the joint implementation or exploitation of a project by the parties which are financed by the Member State or third country and limit participation in public procurement; or
3. of the types specified in Annex B.

ARTICLE 6 THRESHOLD REVIEW

Subject to paragraph 2, the Contracting Parties may, from time to time, amend Annex A in accordance with Article 39, in order to ensure the achievement of the objectives of this Protocol.
The Permanent Joint Council shall review the thresholds specified in Annex A at least every two years, taking into account the considerations referred to in paragraph 4 and shall, where necessary and appropriate, recommend to the Contracting Parties that the
First Schedule – (Cont’d)
thresholds be amended.
Recommendations of the Permanent Joint Council shall be made on the aﬃrmative vote of two-thirds of the members of the Permanent Joint Council, present and voting.
The Permanent Joint Council and the Contracting Parties shall take the following into consideration to determine whether to recommend the amendment of the thresholds or to amend the thresholds, respectively –
1. the strength of the economies;
2. the strength of the currencies; and
3. such other factors as the Permanent Joint Council and the Contracting Parties consider appropriate.

ARTICLE 7 CONTRACT VALUATION RULES

Paragraphs 2 to 6 shall apply in determining the value of individual public procurement contracts to which this Protocol applies.
Valuation shall take into account all forms of remuneration, including any premiums, fees, commissions and interest receivable.
Each Contracting Party shall ensure that its procuring entities do not select valuation methods or divide public procurement into multiple parts with the intention of avoiding the application of this Protocol.
Where the public procurement is to be conducted in multiple parts, with contracts to be awarded at the same time or over a given period to one or more suppliers (hereinafter referred to as “recurring contracts”), the basis for calculating the estimated total maximum value shall be:
First Schedule – (Cont’d)
1. where no similar recurring contracts have been concluded over the previous 12 months, the estimated value of similar recurring contracts to be concluded during the 12 months subsequent to the initial contract; or
2. the actual value of similar recurring contracts concluded over the previous 12 months adjusted, where possible, for anticipated changes in quantity and value over the subsequent 12 months;
Where the public procurement is to be conducted in a single lot and the total price is not known, the basis for estimating the value shall be, with respect to:
1. a fixed-term contract where the term:
  1. is 12 months or less, the total estimated contract value for the contract’s duration; or
  2. exceeds 12 months, the total estimated contract value, including the estimated residual value, where applicable; or
2. a contract for an indefinite period, the estimated monthly instalment multiplied by 36.
In cases where an intended public procurement specifies the need for option clauses, the basis for valuation shall be the total value, inclusive of optional purchases.
ARTICLE 8 RULES OF ORIGINEach Contracting Party shall apply the Community Rules of Origin to public procurements under this Protocol.
First Schedule – (Cont’d)
ARTICLE 9 PROHIBITION OF OFFSETSEach Contracting Party shall ensure that its procuring entities do not seek to impose oﬀsets against suppliers in the:
1. qualification and selection of suppliers;
2. evaluation of bids; or
3. award of contracts.

PART THREE

INFORMATION AND COMMUNICATION TECHNOLOGIES

ARTICLE 10 COMMUNICATION MODALITIES

Unless otherwise required by this Protocol, and consistent with the requirements of the procuring entity and the conditions of the market, information dissemination and other communication shall be eﬀected through electronic or paper media.
Each Contracting Party shall employ its best endeavours in the use of information technology taking into consideration:
1. the high cost of paper publication;
2. the volume of publication necessary in the operation of the Community public procurement regime;
3. the complexities of intra-regional transport and delivery of documents;
  First Schedule – (Cont’d)
4. time constraints involved in the Community public procurement regime; and
5. regional progress in the use of electronic data processing and telecommunication technologies.

ARTICLE 11 INFORMATION SYSTEMS

Each Contracting Party shall establish information systems comprising traditional and electronic media which shall be accessible by procuring entities and suppliers.

PART FOUR PROCUREMENT PROCEEDINGS

ARTICLE 12

COMMUNITY STANDARD BIDDING DOCUMENTS

The Community Standard Bidding Documents shall include:
1. standard forms and content of the invitation to bid;
2. instructions to bidders;
3. form of bid;
4. form and conditions of contract; and
5. any necessary appendices, such as formats for bid securities.
  First Schedule – (Cont’d)
The Community Standard Bidding Documents shall be published on the Community Public Procurement Notice Board.
Subject to paragraph (6), each Contracting Party shall ensure that its procuring entities use the Community Standard Bidding Documents in public procurements to which this Protocol applies.
The Permanent Joint Council shall be responsible for considering and approving any modifications of or amendments to the Community Standard Bidding Documents as well as ensuring the accuracy and currency of such documentation.
Each Contracting Party may submit requests for modifications of and amendments to the Community Standard Bidding Documents to the Permanent Joint Council for its consideration and approval.
Notwithstanding paragraph 3, the Permanent Joint Council may approve the use of a Contracting Party’s bidding documents for use in public procurements to which this Protocol applies.

ARTICLE 13

ANNUAL PROCUREMENT PLAN

Each Contracting Party shall ensure that its procuring entities publish their Annual Procurement Plans on the Community Public Procurement Notice Board as early as possible in every fiscal year.
A procuring entity’s Annual Procurement Plan shall contain information concerning its intended public procurements to which this Protocol applies for the relevant year, including the subject matter of the intended public procurements together with volumes and values, and the proposed dates or range of dates for the publication of related invitations to bid, where such information is available.
Each Contracting Party shall employ its best endeavours to ensure that its procuring entities conduct procurement proceedings in accordance with their Annual Procurement
First Schedule – (Cont’d)
Plans.
Annual Procurement Plans shall not be binding on the procuring entities that publish them.

ARTICLE 14

PUBLICATION OF PROCUREMENT OPPORTUNITIES

Subject to paragraph 2, each Contracting Party shall ensure that its procuring entities publish invitations to bid on the Community Public Procurement Notice Board.
Where a method which does not require the publication of an invitation to be bid is being employed, paragraph 1 shall not apply.

ARTICLE 15 PROCUREMENT METHODS

Subject to paragraph 2, each Contracting Party, shall ensure that its procuring entities employ open bidding for public procurements valued at or above the relevant threshold.
Notwithstanding paragraph 1, a Contracting Party may permit its procuring entities to employ procurement methods other than open bidding if:
1. there is an extremely urgent need for the subject matter of the procurement and an open and competitive method of procurement is impractical because of the time involved in using such a method;
2. in relation to a specific procurement opportunity, the procuring entity reasonably decides that only a limited number of suppliers can perform the contract for technical or artistic reasons or reasons connected with the protection of exclusive rights and no reasonable alternative or substitute for the goods, services or works to be procured exists;
  First Schedule – (Cont’d)
3. additional goods, services or works which were not included in the initial procurement contract, but which were within the objectives of the original bidding documents have, through unforeseen circumstances, become necessary to satisfactorily complete the procurement, provided that the total value of the contract awarded for such additional goods, services or works does not exceed fifty per cent (50%) of the amount of the initial contract;
4. goods are purchased on commodity markets or where goods and services are made available under exceptionally advantageous conditions that only arise in the very short term;
5. no suitable bids were received in response to an earlier invitation to suppliers to participate in an open bid;
6. due to a catastrophic event, there is an extremely urgent need for the subject matter of the procurement, and engaging in open bidding would be impractical because of the time involved in using such a method;
7. the procuring entity has:
  1. procured from a particular supplier goods, services or works which are, to the procuring entity’s satisfaction, eﬀective in meeting the needs of the procuring entity; and
  2. determined the need for additional supplies to be procured from the supplier for reasons of standardisation or compatibility with existing goods, services or works;
8. the public procurement contract is awarded to the winner of a design or artistic contest; or
9. the procurement is between procuring entities.
Where the procuring entities within a Contracting Party employ a procurement method other than open bidding, the Contracting Party shall ensure that procuring entities select bidders in a non-discriminatory manner so as to maximise competition to the extent
First Schedule – (Cont’d)
practicable.
In establishing procedures for procurement methods, each Contracting Party shall develop appropriate and effective rules and guidelines governing procurement planning, advertising media, e-procurement, security of bids, establishment of bid evaluation committees, time-frames and content and fees for bidding documents.
ARTICLE 16 TIME LIMITSEach Contracting Party shall ensure that:
1. all time limits applied to procurement opportunities oﬀered by procuring entities under this Protocol are adequate to allow interested suppliers to prepare and submit bids;
2. its procuring entities take into account the complexity of the procurement opportunity, the possibility of publication delays and the implications of cross-border transport of relevant documentation consistent with the procuring entity’s own reasonable needs when determining time limits;
3. where its procuring entities use open bidding, they shall provide no less than forty (40) calendar days between the date of publication of the bid and the deadline for the submission of bids; and
4. when its procuring entities use procurement methods other than open bidding they comply with paragraph (b) and provide reasonable time limits consistent with the requirements of the procurement and the objectives of this Protocol.

First Schedule – (Cont’d)

ARTICLE 17

SUBMISSION, RECEIPT AND OPENINGS OF BIDS

Each Contracting Party shall ensure that procuring entities:
1. require the submission of bids in writing;
2. receive and open bids under conditions and procedures that guarantee transparency, fairness and objectivity; and
3. subject to paragraph 2, return unopened to the senders, bids received after the closing date and time for submission.
Notwithstanding paragraph 1(c), each Contracting Party shall ensure that its legislation permits procuring entities to accept late bids in circumstances where it can be ascertained that the submission of such bids was delayed by force majeure.
Each Contracting Party shall elaborate procedures and conditions that guarantee transparency, fairness and objectivity in the receiving and opening of bids.

ARTICLE 18 EVALUATION OF BIDS AND NOTICE

OF SUCCESSFUL BID

Each Contracting Party shall ensure that procuring entities:
1. evaluate only bids which, at the time of opening, materially comply with the requirements for participation as described in the bidding documents; and
2. evaluate bids fairly and objectively and solely on the basis of the evaluation criteria contained in the relevant bidding documents.
  First Schedule – (Cont’d)
Subject to paragraph 4, each Contracting Party shall ensure that procuring entities issue a notice of successful bid to the bidder whose bid is determined to be the most advantageous based on the criteria in the bidding documents. The notice of successful bid shall be transmitted simultaneously to all participating bidders.
Each Contracting Party shall ensure that procuring entities provide reasons for rejecting a bid to the unsuccessful bidder who so requests. Such request must be received by the procuring entity within five (5) working days of notification of the successful bid. The procuring entity shall respond to such requests within ten (10) calendar days of receipt of same.
Each Contracting Party shall ensure that where its procuring entities cancel procurement opportunities:
1. such cancellations are done prior to an award of contract; and
2. the procuring entities provide reasons for cancellations, within a reasonable time, to any supplier who so requests.

ARTICLE 19

PUBLICATION OF NOTICE OF CONTRACT AWARD

In the context of public procurement to which this Protocol applies, each Contracting Party shall ensure that when its procuring entities award procurement contracts, the procuring entities:
1. immediately notify all bidders participating in the procurement proceedings of the contract award;
2. publish a notice of contract award on the Community Public Procurement Notice Board for general information; and
3. ensure that notifications and publications done pursuant to sub-paragraphs (a) and (b), respectively, are dispatched within three (3) working days from the date of the
  First Schedule – (Cont’d)
  award of contract.
Notices of contract award shall remain posted on the Community Public Procurement Notice Board for at least thirty (30) calendar days following the date of publication.

ARTICLE 20

RECORD OF PROCUREMENT PROCEEDINGS

Each Contracting Party shall ensure that its procuring entities establish, document and maintain records of their procurement proceedings in the manner specified in paragraph 2 of this Article.
Without prejudice to the means of retention or storage employed, each Contracting Party shall ensure that its procuring entities’ procurement records are retained for a period of at the least five (5) years and contain, at the minimum:
1. a brief description of the works, goods or services procured;
2. the names and addresses of the bidders;
3. the procurement method employed;
4. the name and address of the successful bidder;
5. the date of contract award;
6. the contract price and actual completion cost;
7. the duration of the contract;
8. information relating to the qualification of bidders;
9. a summary of the evaluation and comparison of bids;
  First Schedule – (Cont’d)
10. the reasons for the rejection of any or all bids;
11. a summary of the requests for clarification or verification of the bid documents and any modifications thereof;
12. information relating to the successful bidder’s performance on the contract; and
13. information relating to any complaints and their determination including their determination on appeal.

ARTICLE 21 CONTRACT ADMINISTRATION

Each Contracting Party shall employ its best endeavours to ensure that procurement personnel are adequately trained and qualified to administer procurement and contract administration procedures.
On an ongoing basis, best endeavours shall be made to design regional training programmes on public procurement and to assist the Contracting Parties with the implementation of such programmes.

ARTICLE 22 STATISTICAL REPORTING

Each Contracting Party shall record, compile and store information relating to public procurement proceedings and shall submit the information annually to the Secretariat for inclusion in the database referred to in paragraph 3.
The Contracting Parties shall develop common rules with respect to the content, submission, maintenance and accessibility of the information to be submitted pursuant to paragraph 1.
First Schedule – (Cont’d)
An electronic database of statistical information shall be developed for the storage of information submitted by each Contracting Party pursuant to paragraph 1.
Subject to paragraph 2, each Contracting Party shall have access to the database.

PART FIVE

TRANSPARENCY, FAIRNESS AND SUPPLIER CHALLENGE

ARTICLE 23 TECHNICAL SPECIFICATIONS

Each Contracting Party shall ensure that its procuring entities’ use of design and technical specifications in their procurement proceedings is not intended to and does not have the eﬀect of, unfairly limiting competition by directing the award of a contract to a particular supplier.
Each Contracting Party shall ensure that where its procuring entities prescribe technical specifications, such specifications:
1. are included in the bidding documents;
2. are worded in terms of performance, conformance and functional requirements, wherever possible, rather than design or descriptive characteristics;
3. are based on regional standards, where available, or on national standards or internationally recognised standards or codes; and
4. do not refer to a particular trademark, patent, copyright, design or type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the requirements.
  First Schedule – (Cont’d)
Where a specification referred to in paragraph 2 (d) is unavoidable, words such as “equivalent to” or “similar to” shall be included in the specification.

ARTICLE 24

QUALIFICATION AND ELIGIBILITY OF SUPPLIERS

Each Contracting Party shall ensure that:
1. any conditions for participation in a procurement opportunity that a procuring entity requires of an interested supplier are limited to conditions necessary to ensure that the supplier possesses the capabilities to fulfil the requirements of the procurement contract;
2. its procuring entities do not discriminate between suppliers who are their own nationals and suppliers who are nationals of other Contracting Parties when identifying suppliers who are qualified to participate in a procurement opportunity;
3. its procuring entities’ decisions regarding the qualifications of suppliers are based solely on the conditions for participation specified in the bidding documents;
4. where a supplier is rejected on the basis of qualifications, the procuring entity, at the request of the supplier, communicates to the supplier the reasons for its decision within a reasonable time.
Nothing in this Protocol shall prevent a Contracting Party from permitting a procuring entity to disqualify a supplier from a procurement opportunity on the grounds of unfair competitive advantage, conflict of interest, bankruptcy, false declarations or conviction for criminal oﬀences.
Each Contracting Party shall ensure that its procuring entities do not, as a prerequisite for award of a contract, impose artificial constraints that serve to limit procurement opportunities, such as conditions that require previous awards of contracts by the procuring entity or prior work experience in the territory of the procuring entity.
First Schedule – (Cont’d)
The Contracting Parties shall establish common rules for the disqualification of suppliers mentioned in paragraph 2.
The Contracting Parties shall establish common rules and minimum standards for procuring entities’ use in their assessments of a supplier’s eligibility to participate in procurement proceedings.
ARTICLE 25
LIMITATION ON DISCLOSURE OF INFORMATION
Each Contracting Party shall ensure that, unless ordered to do so by a court of competent jurisdiction and subject to the conditions of such an order, its procuring entities do not disclose information:
1. that prejudices legitimate commercial interests of bidders or inhibits fair competition; or
2. that relates to the examination, evaluation and comparison of bids, other than the summary referred to in Article 20 (2) (i).

ARTICLE 26

ANTI-CORRUPTION AND CONFLICTS OF INTEREST

Each Contracting Party shall establish legal and administrative frameworks which require the procurement personnel of its procuring entities to:
1. discharge their duties impartially so as to ensure that qualified suppliers have fair and competitive access to procurement opportunities to which this Protocol applies; and
2. conduct themselves in such a manner as to foster public confidence in the integrity of the Community public procurement regime.
  First Schedule – (Cont’d)
Notwithstanding the generality of paragraph 1, the legal and administrative frameworks shall require procurement personnel to:
1. abstain from attempting to realise personal gain from public oﬃce by conduct inconsistent with the proper discharge of duties;
2. avoid direct or indirect involvement in public procurement proceedings where:
  1. an oﬃcer or a member of the oﬃcer’s immediate family has a financial interest pertaining to the procurement;
  2. a business or organisation in which the oﬃcer or any member of the oﬃcer’s immediate family has a financial interest is involved in the procurement; or
  3. any other person, business or organisation with whom the oﬃcer or any member of the officer’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement;
3. abstain from soliciting or accepting from a supplier a gratuity or offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a procurement, influencing the content of any specification, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter pertaining to any public procurement contract, sub-contract or activity; and
4. abstain from using confidential information for their actual or anticipated personal gain or for the actual or anticipated gain of any other person.
Each Contracting Party shall ensure that where an oﬃcer is involved in or is about to become involved in procurement proceedings under any of the circumstances referred to in paragraph 2 (b), the oﬃcer immediately declares his or her interest, in writing, and recuses himself from the procurement proceedings.

First Schedule – (Cont’d)

ARTICLE 27 NORMS AND STANDARDS

The Contracting Parties shall develop and adopt norms and standards to be complied with by the procuring entities’ procurement personnel as well as by suppliers and bidders to be included in the Community public procurement regime for the implementation and enforcement by all Contracting Parties. Non-compliance with these norms and standards shall be subject to the laws of the Contracting Party where the non-compliance occurred.

ARTICLE 28

SUPPLIER CHALLENGE AND REVIEW

The Contracting Parties shall develop common non-discriminatory, timely, transparent and eﬀective challenge and review procedures.
Each Contracting Party shall provide for the independent hearing and consideration of supplier challenges. Such hearings may be at the administrative or judicial levels. Where an authority other than a court hears a supplier challenge, the Contracting Party shall ensure that the supplier’s right to seek judicial review is not prejudiced.
Each Contracting Party shall ensure that the exercise of a supplier’s right to challenge and seek review of a procuring entity’s procurement decisions does not prejudice that supplier’s participation in ongoing or future procurement opportunities within the Contracting Party to which the procuring entity belongs.

First Schedule – (Cont’d)

PART SIX

TECHNICAL COOPERATION AND ASSISTANCE

ARTICLE 29

TECHNICAL COOPERATION AND ASSISTANCE

At the request of any disadvantaged country, region or sector, the COTED shall provide technical cooperation and assistance for the purpose of enabling the disadvantaged country, region or sector to participate in the Community public procurement regime and to discharge relevant responsibilities thereunder.
The mode, scope and extent of such technical cooperation and assistance shall be determined by the COTED and notified to the Permanent Joint Council.

PART SEVEN INSTITUTIONAL ARRANGEMENTS

ARTICLE 30

THE PERMANENT JOINT COUNCIL ON PUBLIC PROCUREMENT

There is hereby established, for the purposes of this Protocol, the Permanent Joint Council on Public Procurement which shall:
1. oversee the implementation of the Community Policy on Public Procurement and compliance with the provisions of this Protocol;
2. have responsibility for the long-term monitoring of the Community public procurement regime with the assistance of the Caribbean Community Secretariat and shall draw the attention of the Community Council of Ministers to breaches of
  First Schedule – (Cont’d)
  this Protocol;
3. in accordance with Article 6, at least every two years review the thresholds specified in Annex A and, where necessary and appropriate, recommend that the Contracting Parties amend Annex A;
4. convene, as necessary, to examine and evaluate the operation of the Community public procurement regime and its progress in achieving its objectives, including performance of the periodic reviews in respect of the disadvantaged countries, regions and sectors;
5. report to COTED on the Community public procurement regime every two (2) years to enable COTED to take action, as necessary, pursuant to Article 29;
6. pursuant to Article 12 paragraph 4, be responsible for considering and approving modifications of and amendments to the Community Standard Bidding Documents;
7. pursuant to Article 12 paragraph 6, be responsible for approving the use of a Contracting Party’s bidding documents for use in public procurements to which this Protocol applies;
8. in its decision-making processes promote, as far as practicable, the use of electronic communications in light of the reasonableness of cost, scope and ease of access;
9. coordinate the development of an electronic database of statistical information relating to public procurement proceedings for use by the Contracting Parties and make recommendations to the Contracting Parties regarding common rules for the content, submission, maintenance and accessibility of the information it contains; and
10. coordinate and promote the design of training programmes, as necessary, and support the implementation processes in Contracting Parties.
The report referred to in paragraph 1(e) shall include information on the application of any provisions pursuant to Part Six of this Protocol and Chapter 7 of the Revised Treaty and shall be made available to the Contracting Parties at the earliest opportunity after its
First Schedule – (Cont’d)
completion.
The Permanent Joint Council shall consist of senior public procurement oﬃcials or senior trade oﬃcials designated by the Contracting Parties. Each Contracting Party shall designate one senior public procurement official or senior trade official as its representative on the Permanent Joint Council.
At its first meeting, the Permanent Joint Council shall determine its rules of procedure.
The Permanent Joint Council shall establish, as it considers necessary, ad hoc working groups comprised of trade and public procurement oﬃcials to assist in the discharge of its responsibilities detailed in this Protocol.

ARTICLE 31 COMMUNITY PUBLIC PROCUREMENT

NOTICE BOARD

There shall be, for the purposes of this Protocol, a Community Public Procurement Notice Board which shall be:
1. established by the Contracting Parties;
2. used for the purposes of displaying the information relating to the obligations specified in paragraph 2; and
3. accessible to all interested stakeholders.
Each Contracting Party shall use the Community Public Procurement Notice Board to discharge their obligations under this Protocol, including those relating to:
1. supplier exchange of information to facilitate joint bidding activities;
  First Schedule – (Cont’d)
2. publication of the following:
  1. annual procurement plans;
  2. procurement opportunities;
  3. contract award notices;
  4. designated national and Community contact points;
  5. Community Suppliers Register; and
  6. Community standard bidding documents;
3. the electronic database of regional public procurement statistics.
Each Contracting Party shall employ the respective administrative and technical capacities required to utilise optimally the Community Public Procurement Notice Board in accordance with the provisions of this Protocol.

ARTICLE 32

COMMUNITY AND NATIONAL SUPPLIERS REGISTERS

The Contracting Parties shall establish a Community Suppliers Register, which shall –
1. consist of the names and contact and other information of suppliers registered in the national register of suppliers in each Contracting Party;
2. be published on the Community Public Procurement Notice Board; and
3. to varying degrees, be accessible to procuring entities, suppliers and any member of the general public.
Each Contracting Party shall compile and maintain a national suppliers register of
First Schedule – (Cont’d)
suppliers registered in that Contracting Party.
Each Contracting Party shall be responsible for submitting its national suppliers register for publication on the Community Public Procurement Notice Board.

PART EIGHT SPECIAL PROVISIONS

ARTICLE 33 DISPUTE SETTLEMENT

The dispute settlement procedures set out in Chapter Nine of the Revised Treaty shall apply, mutatis mutandis, to the resolution of disputes between Contracting Parties within the contemplation of this Protocol.

ARTICLE 34

PUBLIC PROCUREMENT AND THE ENVIRONMENT

Nothing in this Protocol shall be construed as precluding a Contracting Party from employing its best endeavours to incorporate green procurement considerations in its public procurement.

ARTICLE 35

GENERAL AND SECURITY EXCEPTIONS

The provisions contained in Articles 225 and 226 of the Revised Treaty shall apply to this Protocol, mutatis mutandis.

First Schedule – (Cont’d)

PART NINE FINAL PROVISIONS

ARTICLE 36

SIGNATURE AND PROVISIONAL APPLICATION

A Member State may, upon the signing of this Protocol or at any later date before it enters into force, declare its intention to apply it provisionally.
Upon such declaration by five (5) Member States, the provisions of this Protocol shall be applied provisionally pending its entry into force in accordance with Article 38.

ARTICLE 37 RATIFICATION

This Protocol shall be subject to ratification. Instruments of Ratification shall be deposited with the Secretariat which shall transmit certified copies to the Government of each Contracting Party.

ARTICLE 38 ENTRY INTO FORCE

This Protocol shall enter into force one month after the date on which the fifth Instrument of Ratification is deposited with the Secretariat.

First Schedule – (Cont’d)

ARTICLE 39 AMENDMENTS

This Protocol may be amended by the unanimous decision of the Contracting Parties.
An amendment shall enter into force one month after the date on which the last Instrument of Ratification is deposited with the Secretariat.

ARTICLE 40 RESERVATIONS

Reservations may be entered to this Protocol with the consent of the signatory States.

ARTICLE 41 ACCESSION

After the entry into force of this Protocol, a Member State may accede to this Protocol.
Instruments of Accession shall be deposited with the Secretariat which shall transmit a certified copy to the Government of each Contracting Party.
Where a Member State accedes to this Protocol, it shall enter into force for that Member State one month after the date on which the Member State deposits its Instrument of Accession with the Secretariat.

First Schedule – (Cont’d)

ANNEX A THRESHOLDS

(referred to in Article 5 paragraph 1)

This Annex specifies the threshold values at and above which public procurement contracts are governed by the Protocol on Public Procurement for the Caribbean Community.

Thresholds

TYPE OF CONTRACT	CONTRACT VALUES
More Developed Countries (USD) $	Less Developed Countries (USD) $
Goods	150,000.00	150,000.00
Services	150,000.00	150,000.00
Works	3,000,000.00	4,000,000.00
Combination of goods and works or services and works	3,000,000.00	4,000,000.00
Combination of goods and services	150,000.00	150,000.00

First Schedule – (Cont’d)

ANNEX B

EXCLUDED TYPES OF PUBLIC PROCUREMENT

(referred to in Article 5 paragraph 2 (c))

The table, below, indicates the types of public procurement contracts for the procurement of goods, services and works that are excluded from the scope of the Protocol on Public Procurement for the Caribbean Community.
The table is composed of –
1. three columns with the headings “Goods”, “Services” and “Works”, respectively; and
2. rows in which types of public procurement contracts that are excluded from the scope of the Protocol are specified.
  Goods ContractsServices ContractsWorks ContractsWorks of art, cultural performances, products associated with creative expression for cultural performancesWorks of art, cultural performances, products associated with creative expression for cultural performancesRelating to the staging of productions in support of or associated with creative expression and cultural events, including –
  (a) artistic coordination, direction and management;Relating to the staging of productions in support of or associated with creative expression and cultural events, including –
  (a) artistic coordination, direction and management;
  First Schedule – (Cont’d)
  Legal advisory and legal representationMedallions and insignias for use in national honours and national awardsMedallions and insignias for use in national honours and national awardsGoods of a sensitive nature for use in or for the purpose of national defence or national securityServices of a sensitive nature for use in or for the purpose of national defence or national securityWorks of a sensitive nature for use in or for the purpose of national defence or national securityRelating to or connected with the operations of diplomatic missions or consulatesRelating to or connected with the operations of diplomatic missions or consulatesRelating to or connected with the operations of diplomatic missions or consulatesFiscal agency or depository services
  1. management of artistic works and events;
  2. management of intellectual property rights;
  3. venue rental;
  4. infrastructure and technical eﬀects;
  5. design and technical direction of cultural performances
  1. management of artistic works and events;
  2. management of intellectual property rights;
  3. venue rental;
  4. infrastructure and technical eﬀects;
  5. design and technical direction of cultural performances
  First Schedule – (Cont’d)
  Liquidation and management services for regulated financial institutionsRelated to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securitiesCo-sponsorship arrangements, trade and travel shows and cooperative advertisingFunded by public-private partnerships between the Government of a Contracting Party and one or more suppliersFunded by public-private partnerships between the Government of a Contracting Party and one or more suppliersFor research and development of a sensitive or confidential natureRelating to the management of employee pension fundsPostal, courier and express courier servicesUtility services such as services for the supply of electricity, telecommunications and piped water
  First Schedule – (Concl’d)
  Immovable property or rights in relation theretoContracts of service or contracts for service for the hiring of Government employees and related employment measuresIn relation to privately funded charitiesIn relation to privately funded charitiesIn relation to privately funded charities
  SECOND SCHEDULE
  TENDERS COMMITTEES
  Part IGeneral Tenders Committee
  Composition of General Tenders Committee
  (Section 7(4))1.(1)
  (a)(b)(c)(d)(e)(f)(g)(h)(i)
  (j)The General Tenders Committee shall comprise ex officiothe Chief Procurement Officer; the Solicitor General;the Permanent Secretary in the Ministry responsible for Finance; the Chief Technical Officer in the Ministry responsible for Works;the Senior Mechanical Engineer in the Ministry responsible for Works; the Director of the Department of Commerce and Consumer Affairs; the Director of the Data Processing Department;the Manager of the Public Investment Unit;the Chief Executive Officer of Barbados Investment and Development Corporation; andthe Chief Executive Officer of Barbados National Oil Company Limited.
  1. A person listed in paragraph (1)(b), (c), (d), (f), (g), (h), (i) or (j) maynominate a senior officer to be a member of the committee in his place.
    Chairman and Deputy Chairman2.(1)The Chief Procurement Officer shall be the Chairman of the GeneralTenders Committee.
    1. The committee shall, at its first meeting in a financial year, elect one of itsmembers, other than the Solicitor General or his nominee, to be the Deputy Chairman of the committee.
    2. Where the Chairman is absent from a meeting of the committee, the Deputy
  Chairman shall preside over the meeting.
  Quorum3.
  The quorum of the General Tenders Committee is 6 membersincluding the Chairman or the Deputy Chairman.
  Secretary4.
  The Chief Procurement Officer shall designate a public officer to bethe secretary of the General Tenders Committee.
  Part IISpecial Tenders Committee
  Composition of special tenders committee1.(a)(b)A special tenders committee shall comprisethe members of the General Tenders Committee; andsuch other persons, not exceeding 5, as the Director may appoint with the approval of the Minister, having regard to the procurement concerned and the obligations of the State under the agreement for the loan to which the procurement relates.
  Chairman and Deputy Chairman of special tenders committee2.(1)The Chairman of the General Tenders Committee shall be theChairman of a special tenders committee.
  1. The Deputy Chairman of the General Tenders Committee shall be theDeputy Chairman of a special tenders committee.
  2. Where the Chairman is absent from a meeting of the committee, the Deputy
  Chairman shall preside over the meeting.
  Quorum3.
  The quorum of a special tenders committee is two-thirds of itsmembers including the Chairman or the Deputy Chairman.
  Term of office
  1. A member of a special tenders committee shall hold office for theduration of the procurement proceedings in respect of which the committee was established.
    Secretary5.
    The Chief Procurement Officer shall designate a public officer to bethe secretary of a special tenders committee.
    Part IIIDrug Tenders Committee
    Composition1.(a)The Drug Tenders Committee shall compriseex officio
    1. the Director of the Drug Service;
    2. the Chief Procurement Officer or his nominee;
    3. the Assistant Director of the Drug Service charged with responsibility for Supply and Inventory;
    4. the Director of Medical Services of the Queen Elizabeth Hospital;
    5. the Hospital Pharmacist of the Queen Elizabeth Hospital;
    6. the Chairman of the Drug Formulary Committee established by section 5 of the Drug Service Act, Cap. 40A or a member of that committee nominated by him; and
    7. the Solicitor General or a legal officer nominated by the Solicitor General;
  1. a pharmacist in actual private practice and not employed in the Public Service, nominated by the Barbados Pharmaceutical Society; and
  2. a medical practitioner in actual private practice and not employed in the Public Service, nominated by the most representative association of medical practitioners.

Chairman and Deputy Chairman of Drug Tenders Committee

2.(1)

The Director of the Drug Service shall be the Chairman of the Drug

Tenders Committee and shall preside at meetings of the committee.

(2) The Assistant Director of the Drug Service charged with responsibility for

Supply and Inventory shall be the Deputy Chairman of the committee and shall preside at any meeting from which the Chairman is absent.

Quorum

3.

The quorum of the Drug Tenders Committee is 6 members including

the Chairman or Deputy Chairman.

Term of office

4. A member of the Drug Tenders Committee, other than an ex officio

member, shall hold office for 3 years and is eligible for re-appointment.

Secretary

5.

The Director of the Drug Service shall designate a public officer to be

the secretary of the Drug Tenders Committee.

Part IV General Provisions

Meetings of tenders committees

1.(1)

A tenders committee shall meet as often as is necessary for the proper

discharge of its functions under this Act.

The Chairman, in consultation with the secretary of the committee, shalldetermine the times and places for meetings and convene meetings accordingly.
A decision of a tenders committee shall be by a majority of votes, and

where there is an equality of votes, the Chairman shall have a casting vote.

Urgent decisions

2.(1)

A tenders committee may make a decision on an urgent matter by the

circulation of the relevant papers among the members of the committee and the expression, in writing, of the views of the majority of the members.

(2) Notwithstanding sub-paragraph (1), a member is entitled to require that a

decision be deferred until the matter is considered at a meeting of the committee.

Observers and advisers

3.(1)

(a)

(b)

A tenders committee may

permit observers to attend a meeting of the committee; and

co-opt advisers to assist the committee in the discharge of its functions.

(2) Observers and advisers shall not vote and advisers shall only attend the

part of the meeting on which their advice is required.

Minutes

4.(1)

meetings.

A tenders committee shall keep minutes of the proceedings of its

The minutes shall include
1. the names of the members present at the meeting;
2. the names of any advisers or observers attending the meeting;
3. any disclosure of interest;
4. the key issues discussed in relation to evaluation reports, including any advice given or disagreement among the members; and
5. where the recommendation of a procuring entity is rejected, the reason for the rejection.
Minutes and decisions of the committee shall be made available anddistributed within 7 days of the meeting of the committee to which they relate.
Minutes shall be distributed to all members of the committee and decisionsshall be transmitted to the relevant procuring entity.
THIRD SCHEDULE
PUBLIC PROCUREMENT TRIBUNAL
(Section 8)
Composition1.(1)The Tribunal shall comprise 5 persons of high integrity appointed bythe Minister as follows:
1. an attorney-at-law of at least 10 years’ standing or a person who has held high judicial office, who shall be the Chairman of the Tribunal; and
2. 4 other persons each with 5 years’ experience, at a senior level, in public procurement or a related field.

In selecting persons to be members of the Tribunal, the Minister shall seekto establish a balance of relevant knowledge and experience among members to ensure that the Tribunal has both
1. knowledge of any applicable public procurement laws, rules, proceedings and practices; and
2. a range of technical knowledge relating to various types of procurement contracts.
Members are entitled to such remuneration and allowances as the Minister

determines.

Term of office

Subject to paragraphs 4 and 5, a member of the Tribunal shall holdoffice for not more than 5 years but is eligible for re-appointment.
Temporary absence
Where a member of the Tribunal is temporarily absent or unable to

act, the Minister may appoint a suitable person to act in the member’s place.

Resignation

4.(1)

A member of the Tribunal, other than the Chairman, may resign his

office by instrument in writing addressed to the Chairman, who shall forthwith cause the same to be forwarded to the Minister.

The Chairman may resign his office by instrument in writing addressed tothe Minister.
A person shall cease to be a member of the Tribunal upon the date of receiptof the instrument by the Chairman under sub-paragraph (1) or the Minister under sub-paragraph (2), unless another date for his resignation is specified in the instrument.
Removal5.
The Minister may remove a member of the Tribunal from office wherethe member
1. fails to disclose a conflict of interest in relation to a matter before the Tribunal;
2. fails, without reasonable excuse, to attend 3 consecutive meetings of the Tribunal;
3. has become bankrupt or has made an arrangement with his creditors;
4. is incapacitated by physical or mental illness;
5. engages in misconduct or has a conflict of interest as a result of engaging in paid employment that conflicts with the functions of the Tribunal; or
6. is otherwise unable or unfit to discharge the functions of a member.

Publication of appointments etc.

6. The names of all of the members of the Tribunal as first constituted

and every change in the membership of the Tribunal shall be published in the

Official Gazette.

Seal 7.(1)

(a)

(b)

(c)

(d)

The seal of the Tribunal

shall be kept in the custody of the Chairman or such other member as the members may approve;

may be affixed to documents or instruments pursuant to a resolution of the Tribunal;

shall be affixed in the presence of the Chairman and the Secretary to the Tribunal; and

shall be authenticated by the signature of the Secretary to the Tribunal and the signature of the Chairman.

All documents other than those required by law to be under seal may besigned under the hand of the Chairman or the Secretary.
Specialists
1. The Tribunal may engage specialists in technical disciplines to assistin its work where so required and may, in particular, where it determines it to be necessary in any case, consult any person having experience in any relevant field to assist it in dealing with a matter.
  Tribunal may regulate procedure
2. Subject to this Act, the Tribunal may regulate its own procedure.
  
  FOURTH SCHEDULE
  (Section 115)
  CONSEQUENTIAL AMENDMENTS
  Column 1 EnactmentsFinancial Management and Audit (Financial) Rules, 2011.Column 2 Amendments
  1. In rule 2, delete the definitions of “Special Tenders Committee” and “Tenders Committee”.
2. In rules 80(7), 161(2)(a), 162(2), 195(1) and (2)and 230, delete the words “Chief Supply Oﬃcer” and substitute the words “Chief Procurement Oﬃcer”.
1. Delete rules 204, 205, 218 to 227 and 231 to 239.
2. Delete the Second and Third Schedules.
  29th December, 20212021-31
  FAIR CREDIT REPORTING ACT, 2021-31
  Arrangement of Sections PART 1 PRELIMINARY
BARBADOS
I assentS. MASONPresident of Barbados 24th December, 2021.
2021-31
An Act to provide for a credit reporting system in Barbados that is fair, for the regulation of the use of data collected and for related purposes.
[Commencement: by Proclamation]ENACTED by the Parliament of Barbados as follows:
PART 1 PRELIMINARYShort title 1.
This Act may be cited as the Fair Credit Reporting Act, 2021.Interpretation
1. In this Act,“adverse action” means a decision taken by a credit information provider, based on the data subject’s information from the credit bureau, that adversely affects a data subject, including
  1. the refusal of an application for credit;
  2. an increase in the interest rate on a loan or other credit facility;
  3. a decrease in the credit limit on a revolving credit facility;
  4. the cancellation, freezing or suspension of a loan or other credit account;
  5. the refusal of business or employment;
  6. an unfavourable change in terms of coverage and the amount of any credit or insurance, existing or applied for in connection with underwriting credit or insurance, on the part of the data subject or the request for a guarantor or collateral; or
  7. any other action that adversely affects a transaction between the data subject and the credit provider;
“applicant” means a person applying for a licence under section 5; “authorized person” means
1. a credit bureau; or
2. a person authorized by the Central Bank to perform an activity set out in section 16;
“Caribbean Community” has the meaning assigned to it by section 2 of theCaribbean Community Act, Cap. 15 and includes The Bahamas;“Central Bank” means the Central Bank of Barbados established by section 3 of the Central Bank of Barbados Act, 2020 (Act 2020-30);“company” means a body incorporated, continued or registered under theCompanies Act, Cap. 308; “credit”
1. means any transaction the terms of which provide for payment to be made at a future date in respect of money lent or money payable in relation to goods, services, real property sold or leased or any other financial arrangement between the data subject and a third party; and
2. includes any money payable pursuant to an order of court.
“credit bureau” means a person licensed under section 6 to prepare, produce or provide credit reports, credit scores, credit references and other value-added products;“credit file” means in relation to a data subject, a file in electronic form or otherwise containing the data subject’s information and other records collected, kept, maintained or otherwise processed by a credit bureau with respect to a data subject from which a credit report is prepared or produced;“credit information” means any positive or negative information bearing on a data subject’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living, including the history or profile of the data subject with regard to credit, assets or financial obligations;“credit information provider” means a person specified in section 16 that gives credit information on a data subject to a credit bureau;
“credit report” in relation to a data subject, means credit information processed by a credit bureau, whether in electronic form or otherwise;“credit reporting system” includes the institutions, individuals, rules, procedures, standards and technology that enables information flow relevant to making decisions for any purpose mentioned in section 20;“credit scoring” means a statistical analysis with the goal of estimating the probability of a data subject fulfilling its financial obligations related to the extension of credit;“cross-border” means the transfer of information electronically or otherwise from the country of origin to the target country;“data” means information that
1. is being processed by means of equipment operating automatically in response to instructions given for that purpose;
2. is recorded with the intention that it should be processed by means of such equipment;
3. is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system;
4. does not fall within paragraph (a), (b) or (c) but forms part of an accessible record; or
5. does not fall within paragraph (a), (b), (c) or (d) but is recorded information held by a public authority;“data base” means a collection of credit information administered by a credit bureau or a credit information provider, which is stored electronically or otherwise;“data breach” means any act or omission leading to the accidental loss, alteration, unauthorized disclosure or access to credit information;“data subject” means any individual who, or partnership, corporation, trust, estate, cooperative, association, government or ministry or state-owned
  enterprise or agency, or other entity which, is the subject of personal information that may be or has been furnished to or by a credit bureau.“data subject information” includes any information relating to the credit information or personal information of a data subject, whether such information is obtained from the data subject, a third party or a specified public register, that may be processed under this Act;“director” means, in relation to a credit bureau, a member of its board of directors; “inspector” means a person appointed by the Central Bank under section 31; “licence” means a licence granted under section 6 to carry on business as a creditbureau;“licensee” means a credit bureau which is licensed under this Act; “loan” includes
  1. direct, indirect or contingent obligations incurred by a person with a third party;
  2. a discount, advance or overdraft;
  3. export bills or other bills purchased or receivable;
  4. import bills or data subject’s liabilities on off-balance sheet items; or
  5. any other credit facilities extended to a data subject by a credit provider;
“manager” in relation to a credit bureau includes the chief executive officer, chief financial officer, treasurer, chief internal auditor and the manager of a significant unit of the credit bureau;“material change in circumstances” means, in relation to a credit bureau, a change in circumstances set out in this Act or prescribed by the regulations;“Minister” means the Minister responsible for Finance;
“negative credit information” includes, in relation to a credit transaction between a data subject and a credit information provider,
1. credit defaults, collections and late payments;
2. accounts compulsorily closed other than for administrative reasons;
3. voluntary or mandatory surrender of assets;
4. convictions involving financial impropriety, fraud or theft;
5. receiverships, bankruptcies and liquidations;
6. liens;
7. garnishment or any other order of court; and
8. any other act or information which could cause a credit application or existing credit to be declined or restricted according to a creditor’s policy relating to the overdue, past due, charge off, or delinquent status of the credit transaction between a data subject and a credit provider;
“personal information” means any information about a data subject that may be used to identify a data subject, including
1. credit information;
2. a data subject’s present and past names;
3. a data subject’s current contact information;
4. the national registration number, tax identification number or other numerical reference or reference scheme used in relation to a data subject for identification purposes; and
5. any other relevant information about a data subject which is
  1. reasonably required in order to enable the credit information to be utilized for the purposes of this Act; or
  2. in the possession of or is likely to come into the possession of the credit information provider or a credit bureau;
“positive credit information” means any information relating to the historical status of a credit transaction between a data subject and a credit provider, including
1. the date an account was opened;
2. the date of the last payment;
3. credit approval terms and conditions on which credit was granted;
4. the payments made;
5. the current balance;
6. repayment patterns;
7. utilization of credit and any collateral pledged; or
8. any other act or information which could cause a credit application to be approved;
“process” means
1. to collect, record, hold or store data subject information or data;
2. to carry out an operation or set of operations on data subject information or data including its
  1. organization, adaptation, alteration or updating;
  2. retrieval, consultation or use;
  3. disclosure by transmission, transfer, dissemination or being otherwise made available;
  4. alignment, combination, correction, erasure; or
  5. destruction;
“public information” means any information subject to disclosure to the general public according to the laws of any country;“record” means, in relation to a credit bureau, a book, paper, file, document in electronic form or otherwise, that may contain information regarding the finances or business of the credit bureau;“sensitive personal information” means personal information on a data subject’s(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)racial or ethnic origin; political opinions;religious beliefs or other beliefs of a similar nature; membership of a political body;membership of a trade union; genetic data;biometric data;sexual orientation or sex life;physical or mental health or condition; or criminal record;“subscriber” means a credit information provider or other person that has entered into a subscriber agreement to provide or access credit information;“subscriber agreement” means an agreement referred to in section 24(1) between a credit bureau and a subscriber whereby the subscriber furnishes data subject information to the credit bureau in an agreed format;“Tribunal” means such tribunal as may be established by an Act for the purpose of determining disputes under this Act;“user” means any person or entity other than a subscriber that has access to a credit bureau’s products and services;
“value-added product” means any product or service based on the data or information provided by credit information providers and any other data lawfully obtained by a credit bureau which the credit bureau may, in addition to credit reporting, provide to increase the value of the service it offers, including alert, anti-fraud, credit scoring and identity theft prevention.
PART II ADMINISTRATIONPowers, duties and functions of Central Bank3.(1)
(a)(b)The Central Bank shall be responsible for the overall management of this Act; andthe day to day administration, supervision and implementation of this Act and the regulations.(2)shallWithout prejudice to the generality of subsection (1), the Central Bank
1. regulate and supervise the activities of credit bureaux;
2. issue standards and targets regarding the provision of fair credit reporting services;
3. institute proper standards of conduct and acceptable credit reporting practices;
4. protect the integrity of the credit reporting system in Barbados against abuses; and
5. take measures to protect the rights and interests of data subjects.
In the exercise of its duties and functions under subsections (1) and (2),the Central Bank may
1. grant licences to credit bureaux;
2. in accordance with this Act and the regulations;
  1. evaluate every application for a licence to operate or carry on the business of a credit bureau;
  2. issue guidelines for operating a credit bureau;
  3. inspect the premises, systems and operations of a credit bureau;
3. exercise such other duties and functions as may be conferred upon or assigned to the Central Bank by or under this Act; and
4. impose any sanction set out in subsection (4).

(4)

are

The sanctions that the Central Bank may impose under subsection (3)(e)

a warning or reprimand;
a monetary penalty not exceeding $100 000;
suspension or revocation of the licence; or
the giving of a directive that the Central Bank deems appropriate. PART III

LICENSING

Credit bureau to be licensed

4.(1)

(a)

(b)

No person shall

operate as or carry on the business of a credit bureau; or

use or continue to use words implying that the person is a credit bureau in the description or title pursuant to which such person is carrying on business,

unless such person is licensed under this Act.

Any person who contravenes subsection (1) is guilty of an offence and isliable on summary conviction to a fine of $50 000 or to imprisonment for 3 years or to both.
In the prosecution of a person for an offence under this section, evidencethat the accused person provided credit information to another person with the knowledge that such information is being relied on by the recipient to make a decision pertaining to the credit of another is proof in the absence of evidence to the contrary, that the accused person operated as or carried on the business of a credit bureau under this Act.
Application for licence‌5.(1)An application for the grant of a licence to carry on the business of acredit bureau shall be submitted to the Central Bank in the prescribed form and shall include
1. a copy of its articles, by-laws or other instrument under which the company is incorporated or organized;
2. an address for service in Barbados;
3. a statement of the address of the applicant’s registered office and the location of the principal and other places where it proposes to do business in Barbados;
4. the prescribed application fee which is non-refundable; and
5. any other document or information that the Central Bank may require.

Where the Central Bank is not satisfied with the adequacy of anyinformation submitted by the applicant under subsection (1), the Central Bank may request such further information including,
1. the incorporation and ownership structure of the applicant;
2. the nature and sufficiency of the financial resources of the applicant’s shareholders to provide continuing financial support for the applicant;
3. the nature of any activity regulated under this Act or the regulations that the applicant conducts or seeks authorization to conduct;
4. the soundness and feasibility of the business plan of the applicant;
5. the adequacy of the systems and arrangements that have been put in place by the applicant to ensure compliance with the provisions of this Act;
6. whether the overall design and flexibility of the data collection mechanism for data subject information conforms to relevant provisions of this Act and the regulations;
7. any information needed to minimise the extent to which it is possible for the business carried on by the applicant to be used for a purpose connected with financial crime; and
8. the qualifications, experience and integrity of the proposed directors, officers and significant shareholders and whether they are fit and proper persons to operate or, as the case may be, hold shares in a credit bureau.
For the purposes of this section, a “significant shareholder” is a person whoholds 10 percent of any class of shares of the company.
Grant of licence‌6.(1)The Central Bank may, after consideration of an application madeunder section 5, grant a licence to the applicant subject to such terms and conditions as the Central Bank thinks fit where
1. it is satisfied with respect to the matters referred to in section 5; and
2. the applicant has paid the prescribed licence fee.
The Central Bank shall advise the Minister in writing of its decision togrant a licence under this section.
Refusal to grant licence7.(1)
(a)(b)The Central Bank shall refuse to grant a licence where the application is not made in accordance with this Act; the Central Bank is of the opinion that
1. the applicant has failed to satisfy the matters set out in section 5;
2. the applicant has, with respect to a matter that it considers material, knowingly or intentionally made a false or misleading statement in the application or in the information, particulars, declarations, documents or other materials submitted to the Central Bank in support of the application; or
3. it is not in the public interest to grant the licence.
Where the Central Bank refuses to grant a licence, it shall
1. notify the applicant in writing within 7 days of making the decision;
2. state the reasons for its refusal;
3. inform the applicant of his right to seek review under section 35; and
4. inform the Minister of its decision.

Terms and conditions of licence ‌

8.(1)

(a)

(b)

(c)

An applicant under section 5 of this Act shall

within 30 days of being granted a licence, submit to the Central Bank an irrevocable guarantee from a financial institution or credit union in Barbados in such an amount as may be prescribed;

within 6 months of being granted a licence, or within such further period as the Central Bank may specify, commence operations as a credit bureau;

adhere to such capital requirements as the Central Bank may specify;

(d) inform the Central Bank of the fees it will charge customers for its services or any change in such fees.

The irrevocable guarantee referred to in paragraph (a) of section 8(1) shallbe in a form determined by the Central Bank.
Where credit information providers or the beneficial owners of creditinformation providers are permitted to acquire shares in a credit bureau
1. the credit bureau shall restrict the aggregate share ownership in the credit bureau by such credit information providers and beneficial owners of credit information providers to a maximum of 49 per cent; and
2. a single credit information provider or beneficial owner of such credit information provider, as the case may be, shall hold no more than 5 per cent of the shares of the credit bureau.
A credit bureau shall comply with such terms and conditions as may be

prescribed.

Variation of licence, terms and conditions

9.(1)

The Central Bank may at any time amend or vary the terms and

conditions set out in section 8 relating to the grant of a licence.

The Central Bank shall, before it amends or varies the terms and conditionsof a licence,
1. give written notice to the credit bureau of its intention to amend or vary the terms and conditions and include in the notice the reason for the intended amendment or variation; and
2. give the credit bureau, within such time as may be specified in the notice, an opportunity to make representation on the intended amendment or variation.

Restrictions on the transfer of licence

10.(1)

Bank,

(a)

(b)

A licensee shall not, without the prior written approval of the Central

transfer a licence granted or reinstated pursuant to this Part; or

sell, lease or transfer title to any of its credit files except to another credit bureau licensed under this Act.

(2) A licensee which contravenes or fails to comply with a provision of

subsection (1) is guilty of an offence.

Duration of licence

11.(1)

A licence granted under this Act is valid for a period of one year and

is renewable annually on the anniversary of the date on which it is first granted and on payment of the prescribed fee.

The Minister may prescribe the fee payable
1. on application for the grant of a licence;
2. for the grant of a licence;
3. for the renewal of a licence; and
4. for the reinstatement of a licence that was revoked.
  Revocation12.(1)where(a)(b)(c)Subject to subsection (2), the Central Bank may revoke a licence
  there is a request in writing by the licensee for revocation of the licence; the licensee has failed to pay the annual renewal fee;the licensee has failed to comply with
  1. a term or condition specified in the licence;
  2. this Act or the regulations;
  3. a direction issued under this Act by the Central Bank; or
the licensee
1. has provided the Central Bank with false, inaccurate or misleading information;
2. does not commence operations within 6 months after the issuance of its licence or within such longer period as the Central Bank may approve after the grant of a licence;
3. becomes insolvent or makes an arrangement with its creditors;
4. is found to have committed an act of fraud or dishonesty;
5. has demonstrated incompetence or untrustworthiness in the operation of its business;
6. has acted in a manner that has caused data subjects’ rights and interests in respect of their data to be compromised; or
7. is carrying on business in a manner that is no longer in the interest of the public or puts the effective and efficient operation of the credit reporting system at risk.

The Central Bank shall, before it revokes a licence,
1. give the licensee one month’s notice in writing of its intention to revoke the licence;
2. include in the notice the reason for the intended revocation; and
3. give the credit bureau, within such time as may be specified in the notice, an opportunity to show cause why the licence should not be revoked.
Where a licensee shows cause to the Central Bank pursuant to subsection(2), the Central Bank shall within one month
1. consider the credit bureau’s case and make a determination; and
2. subject to subsection (4), notify the credit bureau in writing of its determination.
Where the Central Bank revokes a licence, it shall notify the licensee inwriting of its decision.
The Central Bank shall in the notice referred to in subsection (4)
1. state the reasons for its decision; and
2. inform the credit bureau of its right of review under section 35.
A credit bureau shall cease to carry on business from the date specified inthe notice of revocation.
Notwithstanding anything contained in this section, the Central Bank mayat any time revoke a licence where the licensee ceases to carry on the business of a credit bureau for a period exceeding 6 months.
The Central Bank may restore a licence that has been revoked,
1. for non-payment of the annual renewal fee, upon payment of that fee;
2. for a cause other than non-payment of the annual renewal fee upon request of the Tribunal, after the Tribunal has conducted a review pursuant to section 35.

Material change in circumstances affecting the credit bureau

13.(1)

(a)

(b)

A licensee or an applicant shall, within 7 days, notify the Central Bank; and

any other body which it is required to notify by virtue of any enactment

of a material change in the circumstances affecting the operations of the licensee or the applicant.

For the purposes of subsection (1) a material change includes
1. a merger or consolidation with another credit bureau;

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

a change of the name of the applicant or the licensee;

an amendment of the articles of incorporation or any other constituent document under which the credit bureau is incorporated, registered or continued;

engagement in any business other than that of a credit bureau; a change of majority shareholding or beneficial ownership;

a change in the directors or officers of the applicant or licensee whether by death, retirement, resignation or termination;

a change of the address of the registered office, head office or other place of business where the credit bureau or the applicant carries on or proposes to carry on business in Barbados and details on where the credit bureau or applicant’s data server is hosted;

an event that results in a compromise of the confidentiality, security or integrity of data subject information;

any civil or criminal proceedings instituted against the credit bureau or applicant, whether in Barbados or elsewhere;

an event or irregularity that impedes or prevents access to or impairs the usual operations of the licensee or applicant;

the credit bureau or applicant becomes or is likely to become, insolvent or unable to meet its financial, statutory, contractual or other obligations; or

the occurrence of any other event that the Minister may prescribe or specify by notice in writing as a material change in circumstances.

Publication by the Central Bank

14. The Central Bank shall cause every notice of the grant, revocation or

reinstatement of a licence to be published in the Official Gazette .

PART IV

CREDIT REPORTING ACTIVITY

Permissible credit reporting activities

15.(1)

(a)

(b)

A credit bureau shall not engage in any activity other than an activity specified in subsection (2); or

an activity approved by the Central Bank by notice published in the

Official Gazette.

A credit bureau may, for its own account or on behalf of an individual ora data subject, engage in the following activities:
1. ascertain whether a credit information provider holds information relevant to the financial standing of an individual or a data subject;
2. develop and make credit reports, credit scores and value-added products available to subscribers or users;
3. collect, compile, manage, and update the contents of information referred to in paragraphs (a) and (b);
4. carry out market and statistical research on matters related to credit reports or assessments;
5. provide, on a consistent basis, consultancy services and training regarding credit reporting, including the publication of educational material;
6. collect, process and manage public information resulting from the enforcement of actions and judgments and declarations of bankruptcy and the insolvency of data subjects;
7. collect, process and manage information of consumer dispute settlements;

(h)

(i)

(j)

(k)

(l)

develop and apply credit scores and ratings as well as other systems of classification of data subjects;

analyse statistics relating to credit and credit behaviour of data subjects and aggregate analyses;

manage identity theft and debtor tracing;

compile reports for the purposes of its business; and

compile and maintain databases in respect of data subjects’ information and generate reports from such databases.

Credit information providers ‌

16.(1)

For the purposes of this Act, the following credit information

providers shall provide data subject’s information to a credit bureau:

a financial institution licensed under the Financial Institutions Act , Cap. 324A;
an insurance company licensed under the Insurance Act , Cap. 310, if such information is limited to information obtained by such a company in its capacity as a credit provider; and
a credit union registered under the Co-operative Societies Act , Cap. 378A.

A credit information provider may engage in the following activitiespermitted under this Act
1. securing the correction of or the omission of anything from or the making of any other kind of modification to credit information, if the making of such modification is fair to the data subject and does not contravene this Act; and
2. advising a data subject with respect to the taking of any steps from credit reports or assessments generated for this purpose.
The Central Bank may in the public interest, by notice, designate any ofthe following as credit information providers:(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)the Barbados Light and Power Company Limited continued under theCompanies Act , Cap. 308;the Barbados Water Authority established under the Barbados Water Authority Act , Cap. 274A;the Corporate Affairs and Intellectual Property Office established under the Corporate Affairs and Intellectual Property Office Act;,Cap. 21A the Land Registry established under the Land Registration Act , Cap. 229;the Registration Office established under the Registration Office Act , Cap. 33;any person licensed pursuant to the Telecommunications Act , Cap. 282B;any person carrying on the business of selling goods pursuant to a hire purchase agreement, conditional sale agreement or credit sale agreement pursuant to the Hire Purchase Act , Cap. 328;a dealer in securities who is licensed under the Securities Act , Cap. 318A;the Student Revolving Loan Fund established under the Student Revolving Fund Act , Cap. 54A; andany other entity possessing credit information not referred to in subsection (1).
Before the Central Bank designates an entity as a credit informationprovider under subsection (3), the Central Bank must be satisfied that
1. the entity has systems in place for proper data management, security and control; and
2. adequate systems and arrangements have been put in place by the entity to ensure compliance with the provisions of this Act,and the Central Bank shall consult with the relevant Minister or the regulator of the entity as appropriate.
Notwithstanding that an entity has not been designated under subsection(3), it may, with the consent of a data subject, and subject to subsection (7), opt to furnish data subject information to a credit bureau.
Where an entity proposes to provide data subject information to a creditbureau pursuant to subsection (6), it shall submit a request to the Central Bank for approval setting out its procedures and standards for data capturing, data transmission and compliance with this Act and any proposed subscriber agreement.
The Central Bank may in its own discretion opt to provide information to

a credit bureau on data subjects who are its employees where such information is limited to information obtained by the Central Bank in its capacity as a credit provider.

Provision of credit information

A credit information provider shall, upon providing credit to a datasubject or entering into a credit or loan agreement with a data subject, furnish a credit bureau with information relating to the data subject
1. from the date of the provision of the credit to the data subject; and
2. within the time specified in the subscriber agreement with the credit bureau.
  Duties of credit information providers18.(1)(a)A credit information provider shallprovide any information required to be furnished to a credit bureau in the standard data format specified by the Central Bank;
  1. upon receipt of any new credit information about the data subject, furnish the information to the credit bureau within the time specified in the applicable subscriber agreement;
  2. ensure the timely, sufficient and accurate provision of credit information to a credit bureau; and
  3. comply with the security standards and measures prescribed in respect of the data subject’s credit information it keeps and maintains, including taking all necessary actions prescribed in this Act or the regulations in order to protect the information.

Notwithstanding the provisions of subsection (1)(c), a credit informationprovider shall provide information monthly to a credit bureau on the status of the performance of the obligations of the data subject under a credit or loan agreement.
The information respecting a data subject that a credit information providershall furnish to a credit bureau includes
1. the personal information of the data subject;
2. in the case of a loan from a credit information provider
  1. the type, nature and amount of the loan or other similar credit facility granted to the data subject from a credit information provider;
  2. all outstanding loans including contingent liabilities extended to the data subject by the credit information provider;
  3. the date on which the loan account was opened and the dates for payment of the principal and the interest as agreed;
  4. information on the composition and the types of collateral or security provided by any data subject which secured the debt obligation;
  5. the loan balance and the maximum balance on the loan;
  6. the account status and the liability of the data subject on the account, including the date of the last activity respecting the loan obligations; and
  7. the nature of any guarantee or other secondary debt obligation to which the data subject is a party;
3. in the case of an entity that sells goods or offers services on a credit basis or with delayed payment terms,
  1. the amount of the goods and services provided on a credit basis together with contingent and possible obligations;
  2. the dates on which the goods or services were provided;
  3. the agreed schedule of payment for the goods or services; and
  4. information on the composition and the types of collateral that secured the payment obligations;(d)
    (e)(f)(g)
    (h)
    (i)any comments made in respect of the loan obligations of the data subject on the file kept for this purpose by the credit information provider;the amount, if any, that is past due; the minimum payment due;the date and the amount of the last payment, the closed date of the account and the expiry date;credit information about a data subject’s income, creditworthiness or history of financial transactions including antecedents and adverse court judgments obtained by the credit information provider in relation to transactions involving the credit provider;other credit information required to be disclosed under this Act;
    1. any other information that the Central Bank
      1. considers appropriate to include as credit information for the purposes of this Act and the regulations; and
      2. specifies by notice published in the Official Gazette and a newspaper circulating in Barbados; and
    2. analysis of the information referred to in paragraphs (a) to (j), including any conclusions as to creditworthiness, whether in the form of a system of credit or other numerical or alphabetical scores or otherwise.
Notwithstanding the provisions of this section, the Minister may by

regulations provide for additional obligations of credit information providers.

Credit reports ‌

19.(1)

Subject to section 21, a user may, with the consent of the data subject

request a credit report, credit score, any value-added product or any other credit information with respect to a data subject from a credit bureau in accordance with the appropriate permissible purpose for the request.

A credit bureau shall ensure that a credit report
1. specifies the name of the person making the credit report or value- added product or the person on whose behalf the report or value-added product is made; and
2. is provided in the standard data format specified by the Central Bank.
The credit bureau shall omit from a credit report
1. the identity of creditors, unless the information disclosed therein is directed to the data subject to which the credit report relates, in which case, the report shall also include the identity of all institutions which have accessed the information in the previous 24 months;
2. any price related information such as interest rates so as to prevent anti- competitive coordination and collusion among reporting institutions; and
3. any sensitive personal information.
A credit bureau shall not
1. provide a credit report or value-added product that lists all data subjects with good payment history unless there is a permissible purpose under section 21 regarding such listing;
2. omit from a credit report of a data subject, information that can affect the ability of the data subject to access credit;
3. give an undertaking to remove negative information which is accurate from a customer’s credit file, including entries concerning negative credit information and court judgments;
4. mislead a customer about the length of time that negative information is held on the customers’s credit file or any official register; or
5. give an undertaking to create a new credit file by changing the address of the customer or in any other way.
In processing credit information for any of the purposes of this Act or theregulations a credit bureau must take reasonable steps to ensure that
1. a credit report is balanced, clear, fair and not misleading particularly where it contains a comparison or contrast;
2. each credit report or value-added product is clearly identifiable as such, is accurate, balanced and is sufficient for and presented in a way that is likely to be understood by the average member of the group to which it is directed, or by which it is likely to be received;
3. does not disguise, omit, diminish or obscure important information, statements or warnings;
4. credit information processed for the purpose of this Act and the regulations must be accurate and, where necessary, kept up to date;
5. statements based on facts are distinguished from credit information based on personal assessments;
6. credit information which is inaccurate, incomplete or not capable of being brought up to date is not transmitted or made available for any of the purposes of this Act or the regulations and is erased or rectified without delay;
7. the quality of credit information is verified before it is transmitted or made available; and
8. in all transmissions of credit information, the necessary information enabling the recipient to assess the degree of accuracy, completeness and reliability of the data and the extent to which it is up to date is included in such transmissions.
Subsection (5) is not to be regarded as being contravened by reason of anyinaccuracy in a credit report which accurately recorded information obtained by the credit bureau from a credit information provider in a case where, having regard to the purpose for which the credit information was obtained and further processed, the credit bureau has taken reasonable steps to ensure its accuracy.
A credit bureau which wilfully or intentionally contravenes or fails to

comply with a provision of this section is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 3 years or to both.

Permissible purposes ‌

20.(1)

A credit bureau may not knowingly provide to any person any

information from the credit files of a data subject except for a purpose specified in subsection (2).

A credit bureau may, where it is satisfied that a data subject has consented,provide a credit report, credit score or value-added product on the basis of
information contained in the credit file of the data subject to a subscriber or user for
1. the consideration of
  1. an application for credit; or
  2. an offer to act as a guarantor of an applicant for credit;
2. use in connection with
  1. the purchase or collection of a debt of a data subject;
  2. the entering into or the renewal of a tenancy agreement with a data subject; or
  3. the underwriting of insurance involving a data subject;
3. use, relating to a pre-employment check of a data subject for a position that entails significant financial responsibilities;
4. periodic portfolio monitoring and risk assessment purposes, collection and skip tracing; or
5. any other purpose prescribed by regulations under this Act.
Where a person requires data subject information for any purpose underthis Act from a credit bureau, the person shall
1. submit sufficient information to the credit bureau in order to enable the credit bureau to confirm and validate the identity of the data subject and the identity of the person requiring the information;
2. submit to the credit bureau evidence of the data subject’s consent;
3. agree to properly dispose of the data subject’s information so that the data subject’s information cannot reasonably be read or reconstructed; and
4. ensure that the confidentiality of the data subject’s information is maintained and prevent unauthorized access to or misuse of the information or reconstruction of the credit report.
Subject to the provisions of any subscription or other agreementspertaining to the provision of credit reports, the credit bureau shall, before forwarding the information required under subsection (3),
1. confirm receipt of the data subject’s consent as required by subsection (3)(b);
2. confirm the identity of the data subject and the identity of the person who requires the information; and
3. ensure that the integrity of the information provided is not altered during its transmission.
A person who obtains data subject information under this section shallensure that the information is processed only for the purpose for which it was obtained and not be further processed in any manner incompatible with that purpose.
A credit bureau may provide a data subject with a copy of the data subject’sown credit report, but it shall first confirm and validate the identity of the data subject before disclosing the information.
A credit bureau shall take steps to ensure that
1. a credit report is clear, fair, and not misleading; and
2. that credit information processed for the purposes of this Act or the regulations is accurate and, where necessary, kept up to date.
A credit bureau which discloses data subject information in contraventionof this section is guilty of an offence and is liable on summary conviction to a fine of $50 000.
The requirement for consent‌21.(1)A credit information provider may disclose credit information to acredit bureau
1. with the consent of a data subject; or
2. if the credit information provider gives notice to the data subject at the time of entering into an agreement between the credit information provider and the data subject, that credit information and personal information may be disclosed to a credit bureau.

The notice and consent referred to in subsection (1) must be included inany written application, document or process completed by the data subject.
Without prejudice to subsection (2), the credit information provider mayalso give notice
1. by affixing a legible sign to that effect at its place of business;
2. by publication on its website; or
3. by any other method that would effectively bring the notice to the attention of the data subject.
Subject to this section and the regulations, a person other than a creditinformation provider or a user may, with the consent of the data subject, obtain a credit report in respect of the data subject for a purpose referred to in section 20.
Subject to section 22, the consent of a data subject shall expire when theagreement with respect to the credit relationship between the credit information provider or other user and the data subject is terminated; but the credit information respecting the data subject shall remain in the database of the credit bureau and the user in accordance with section 22.
A credit bureau which discloses a data subject’s information incontravention of this section is guilty of an offence and is liable on summary conviction to a fine of $50 000.
Any person who obtains information relating to a data subject from a creditbureau by deception is guilty of an offence and liable on summary conviction to a fine of $50 000 or to imprisonment for 3 years or to both.
A credit bureau does not contravene this section where the data subjectinformation is required
1. in response to an order of a court of competent jurisdiction;
2. to avoid prejudice to the administration of justice including the prevention, detection, investigation, prosecution or punishment of offences;
3. to enable an insurer to investigate any allegation of insurance fraud;
4. for the enforcement of any law;
5. for protection of the public revenue;
6. for the conduct of proceedings before any court or tribunal;
7. to be used in a form in which the identity of the data subject concerned is protected; or
8. for statistical or research purposes.
Data subject information published pursuant to paragraph (h) of subsection

(8) shall be in a form which protects the identity of the data subject to whom it relates.

Restrictions regarding disclosure of data subject information ‌

22.(1)

The Minister may, on the recommendation of the Central Bank, make

regulations relating to the disclosure and protection of data information.

Where a credit bureau or user obtains credit information regarding creditextended to or in respect of a data subject, the credit bureau or user shall not disclose such information or retain it for a period longer than 7 years after the date of settlement of such credit.
Notwithstanding subsection (2), a credit bureau or a user may, forhistorical, statistical, research or regulatory purposes, retain data subject information for a period in excess of 7 years.
The Central Bank may issue guidelines with respect to the terms ofretention of negative information and the calculation of the period of retention.
A credit bureau or user that contravenes subsection (2) is guilty of an

offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for 3 years or to both.

Supplying false information

23.(1)

A person shall not knowingly supply false or misleading information

regarding a data subject to any credit information provider or credit bureau.

(2) A person who contravenes subsection (1) is guilty of an offence and is

liable on summary conviction to a fine of $50 000 or to imprisonment for 3 years or to both.

Subscriber agreements

24.(1)

A credit bureau and credit information provider may, with the

approval of the Central Bank, enter into a subscriber agreement to provide for the receipt of data subject information by the credit bureau from the credit information provider in accordance with paragraph (a) of section 18(1).

A subscriber agreement referred to in subsection (1), is void where theagreement states or implies that
1. the provisions of this Act or the regulations do not apply to the agreement; and
2. a right or remedy provided by or pursuant to this Act or the regulations
  1. does not apply to the agreement; or
  2. is in any way limited, modified or abrogated by the agreement.
A credit bureau which contravenes this section is guilty of an offence and

is liable on summary conviction to a fine of $50 000.

Data management and quality control

25.(1)

(a)

(b)

(c)

(d)

(e)

A credit bureau shall

implement procedures that ensure that the information registered or contained in its database is updated as frequently as needed or at least monthly;

implement strict quality control procedures in order to ensure the accuracy and completeness of its database;

take all necessary steps to ensure that data subject information maintained by the credit bureau is up to date, authentic, legitimate, reliable, accurate and comprehensive;

maintain and keep all records prescribed by this Act and regulations; and

otherwise maintain reasonable procedures to limit the furnishing of data subject credit reports to the permissible purposes referred to in section 20.

(2) A credit bureau which contravenes subsection (1) is guilty of an offence

and is liable on summary conviction to a fine of $50 000.

Security and control measures

26.(1)

A credit bureau shall ensure that credit information processed for any

purpose under this Act or the regulations is processed in a manner that ensures appropriate security of that information, using appropriate technical or organisational measures, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.

The measures referred to in subsection (1) must ensure a level of securityappropriate to
1. the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction or damage; and
2. the nature of the data to be protected.
A credit bureau shall take reasonable steps to ensure the reliability of anyof its employees who have access to credit information.
A credit bureau shall, in respect of data subject information kept andmaintained by the credit bureau,
1. take the necessary security and control measures in order to avoid
  1. illegal interception or interruption of the data subject information during transmission; or
  2. other misuse regarding the data subject information, including misuse by anyone with authorized access to the data subject information;
2. keep and maintain an access log regarding the data subject information, including procedures performed; and
3. make available to the data subject upon request, the name of each user and the date on which the user obtained access to the data subject’s information.
Without limiting paragraph (a) of subsection (4), a credit bureau shall, forthe purpose of safeguarding and protecting the data subject information which it keeps and maintains,
1. develop written policies and procedures to be followed by its employees, agents and contractors in relation to the provision of credit reporting services pursuant to this Act and the regulations;
2. ensure that there is a subscriber agreement before disclosing information to a subscriber;
3. provide information and training to ensure compliance with the policies and procedures referred to in paragraph (a); and
4. monitor usage of, and regularly check for compliance with or breaches of the subscriber agreement and the policies, procedures and controls required by this section.
A credit bureau which contravenes this section is guilty of an offence and

is liable on summary conviction to a fine of $50 000.

Data subject’s rights of access and correction

27.(1)

A data subject is entitled to be given by a credit bureau once every

calendar year, a copy of the data subject’s credit report without cost to the data subject.

A credit bureau and a credit information provider shall, at the request ofthe data subject, give electronically or otherwise to the data subject, a written report in a language that the data subject specifies relating to
1. the credit information of which that individual is the data subject;
2. the purposes for which the credit information is being or is to be processed; and
3. the recipients or classes of recipients to whom the credit information has been or may be disclosed.
A data subject is entitled to submit a letter of dispute to a credit bureauregarding any inaccurate data respecting the data subject held in the credit bureau’s database and request correction of the inaccurate data by the credit bureau.
Where a letter of dispute has been submitted under subsection (3), the creditbureau shall, within 7 business days,
1. investigate the dispute and the inaccuracy of any data and report its findings to the data subject making any corrections as may be warranted; and
2. inform the data subject that he may report the dispute to the Central Bank.
Where a data subject requests from a credit bureau, a credit report or otherdata subject information processed in respect of the data subject, the credit bureau shall, within no more than 3 business days after receipt of the request, furnish to the data subject, the credit report or other information.
Where a credit bureau discloses personal information in pursuance ofsection 19, the credit bureau shall forward, together with the disclosure, a statement informing the data subject of his rights and the procedures for accessing or correcting data kept and maintained by that credit bureau in relation to the data subject.
A credit bureau is not obligated to supply any information unless the creditbureau has
1. received a request in writing; and
2. received such fee as the credit bureau may require, unless otherwise prescribed.
Where a credit bureau
1. requires further information in order to
  1. satisfy itself as to the identity of the person making a request; or
  2. locate the information which that person seeks; and
2. has informed the requesting person of the requirement for further information,the credit bureau is not obliged to comply with the request unless it is supplied with that further information.
A data subject is entitled by notice in writing to require a credit bureau,within such period as is reasonable in the circumstances of the case,
1. to cease processing for a specified purpose or in a specified manner; or
2. not to commence processing
  any credit information relating to the data subject for the reasons specified in subsection (10).
The reasons referred to in subsection (9) are
1. the data is inaccurate or misleading;
2. the processing of the data or the processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another; and
3. that damage or distress is or would be unwarranted.
The credit bureau shall within 21 days of receiving a notice, hereinafterreferred to as “the data subject notice”, give the data subject a written response
1. stating that it has complied or intends to comply with the data subject notice; or
2. stating its reasons for regarding the data subject notice as being unjustified and the extent, if any, to which it has complied or intends to comply with the data subject notice.
Where the Central Bank is satisfied, on the application of a data subject,that a data subject notice which appears to be justified has not been complied with, the Central Bank may order the credit bureau to take such steps as the Central Bank deems appropriate to comply with the data subject notice.
Adverse actions against data subjects28.(1)Where, as a result of any data subject information contained in a creditreport, a credit provider
1. takes any adverse action against the data subject;
2. denies credit to a data subject, in whole or in part; or
3. changes the terms and conditions of an existing credit to the detriment of a data subject,

the credit provider shall, within 30 days after taking the action, inform the data subject by notice in writing hereinafter called “an adverse action notice”.

An adverse action notice under subsection (1) shall contain the followinginformation:
1. the adverse action and the reasons for the action;
2. the name, address and phone number of the credit bureau which provided the data subject information; and
3. the right of the data subject
  1. to dispute the data subject information with the credit bureau; and
  2. to have the information corrected where the data subject information is erroneous or outdated.
A credit provider is deemed to have notified the data subject undersubsection (1) where the credit provider sends the adverse action notice
1. by registered mail to the data subject’s last known address; or
2. to the data subject’s last known email address.
Notwithstanding any other provision of this Act, a data subject is entitled

to a copy of the credit report from the credit bureau without cost to the data subject whenever an adverse action is taken against the data subject by reason of negative information in a credit report.

Cross-border credit reporting

29.(1)

Bank

(a)

(b)

A credit bureau may, with the prior written approval of the Central

outsource to a person or an entity operating in a country within the Caribbean Community; and

enter into a contract with such a person or entity

for the processing of data subject information in its possession or under its control.

A credit bureau may, with the consent of the data subject and with the priorapproval of the Central Bank, transfer credit information relating to the data subject from Barbados to a place outside Barbados if that place has an adequate level of protection for the rights and freedoms of data subjects with respect to the processing of credit information.
For the purposes of subsection (2), in determining an adequate level ofprotection, regard shall be had to
1. the nature of the credit information;
2. the country or territory of origin of the information contained in the data;
3. the country or territory or final destination of that information;
4. the purposes for which and period during which the data is intended to be processed;
5. the law in force in the country or territory;
6. the international obligations of that country or territory;
7. the relevant codes of conduct or other rules which are enforceable in that country or territory, whether generally or by arrangement in particular cases; and
8. the security measures taken in respect of the data in that country or territory.
Subsection (3) does not apply to a transfer of credit information fallingwithin any of the following cases:
1. where the data subject has given his consent to the transfer;
2. where the transfer is necessary for the performance of a contract between the data subject and the credit bureau, or for the taking of steps
  at the request of the data subject, with a view to his entering into a contract with the credit bureau;
3. where the transfer is necessary for the conclusion or the performance of a contract between the credit bureau and a person other than the data subject which is entered into at the request of the data subject, or is in the interest of the data subject;
4. where the transfer is necessary for reasons of substantial public interest;
5. where the transfer is necessary
  1. for the purpose of or in connection with legal proceedings, including prospective legal proceedings;
  2. for the purpose of obtaining legal advice;
  3. for the purpose of establishing, exercising or defending legal rights;
6. where the transfer is part of the credit information on a public register and any conditions subject to which the register is open to inspection are complied with by any person to whom the data is or may be disclosed after the transfer;
7. where the transfer is made on terms which are of a kind approved by the Central Bank as ensuring adequate safeguards for the rights and freedoms of data subjects; and
8. where the transfer has been authorized by the Central Bank as being made in such a manner as to ensure adequate safeguards for the rights and freedoms of data subjects.

PART V

SUPERVISION BY THE CENTRAL BANK

Information gathering powers of the Central Bank

30.(1)

For the purposes of carrying out its functions under this Act and the

regulations with respect to a licensee, the Central Bank

may request from the credit bureau any information that the Central Bank requires in order to determine any matter arising
1. under this Act or the regulations; or
2. from the operations of the credit bureau;
may issue such guidelines, rules or directives as the Central Bank considers appropriate;
may require access to the books, records, accounts, vouchers, minutes of meetings and any other document of the licensee;
may demand the production of and inspect any record of the licensee or a person with respect to whom an inspection or inquiry is being made or conducted under this Part; and
shall exercise such other information gathering and enforcement powers set out in this Part or the regulations or as are necessary to fulfil its functions under this Part.

Where the Central Bank demands the production of any record underparagraph (d) of subsection (1), any person who has the custody, possession or control of the record shall produce such record to the Central Bank.
Every credit bureau shall comply with any guidelines, rules or directivesissued by the Central Bank under paragraph (b) of subsection (1).
A credit bureau which fails to comply with any guidelines, rules ordirectives issued by the Central Bank is guilty of an offence and liable on summary conviction to a fine of $50 000.
Inspections‌31.(1)The Central Bank or an officer appointed by the Central Bank mayconduct an inspection of
1. an applicant prior to the grant of a licence pursuant to section 6; and
2. a licensee in order to determine that the licensee is compliant with the provisions of this Act and the regulations and is in a sound financial position.

Where the Central Bank or an officer appointed under subsection (1)(b) oninspection of a licensee has reason to believe that the licensee is
1. conducting its business in an unlawful manner; or
2. in a condition that endangers, or is likely to endanger, the credit worthiness, credit standing, credit capacity, character, general reputation or personal characteristics of data subjects,the Central Bank may direct the licensee to take such measures as the Central Bank may specify to rectify the situation.
The Central Bank may, in carrying out an inspection under subsection (1),inquire into and examine
1. the business affairs of the credit bureau with respect to which the inspection is being made;
2. any record of the credit bureau with respect to which the inspection is being made, including any payments to, by or on behalf of, in relation to or in connection with, the credit bureau; and
3. any property or assets of, or things owned, acquired or alienated in whole or in part by
  1. the credit bureau with respect to which the inspection is being made; and
  2. any person acting on behalf of a credit bureau or as agent for the credit bureau with respect to which the inspection is being made.
A credit bureau and any other person referred to in subsection (3) shall,within the period specified by the Central Bank, comply with any direction or request made by the Central Bank under this section.
Where a credit bureau or any other person referred to in subsection (3)

contravenes or fails to comply with subsection (4), the credit bureau or that person is guilty of an offence and liable on summary conviction to a fine of $50 000 or to imprisonment for 3 years or to both.

Warrants

32.(1)

A magistrate may issue a warrant permitting any member of the Police

Force or other person named in the warrant to enter any premises belonging to or in the possession or control of a credit bureau or any officer or employee of such credit bureau and to search the premises and remove any document, material or other thing therein, where the magistrate is satisfied by evidence on oath by the Governor of the Central Bank that there are reasonable grounds to believe that a credit bureau has failed to produce any record required by the Central Bank under this Act.

(2) Any document, material or other thing removed pursuant to subsection (1)

may be returned to the credit bureau upon completion of any investigation unless it is required for purposes of legal proceedings.

Costs of inspections

33. Where an inspector conducts an inspection or inquiry into a credit

bureau pursuant to this Part, the person with respect to whom the inspection or

inquiry is made shall pay the prescribed fees and costs of the inspection or inquiry, including the costs of any travel undertaken in the course of the conduct of the inspection or inquiry.

Auditors and annual reports

34.(1)

Every credit bureau shall appoint an independent auditor to conduct

an annual audit and compliance review of the credit bureau in accordance with this Act and applicable best practice.

The auditor shall, as part of the auditors’s annual audit, obtain from thecredit bureau a copy of
1. the most recent report respecting the inspection of the credit bureau prepared by the Central Bank; and
2. any order, direction, notice or other action issued or taken by the Central Bank under this Act or the regulations to verify compliance.
Every credit bureau shall, within 4 months of the end of its financialyear, submit to the Central Bank
1. a signed copy of its audited financial statements;
2. a signed management letter;
3. a list of shareholders of the credit bureau specifying the shareholdings of each shareholder; and
4. such other documents as the Central Bank may reasonably require.
A credit bureau shall, no later than 3 months after the end of its financial

year, publish its audited financial statements in the Official Gazette and in a newspaper circulating in Barbados and also on its website.

PART VI MISCELLANEOUS

Determination of disputes ‌

35. Any person aggrieved by a decision made under this Act may apply

to the Tribunal for relief.

Civil liability for negligent non-compliance

36.(1)

A person who, due to negligence, fails to comply with a requirement

imposed by this Act or any regulations made under this Act shall be liable to a data subject for any injury suffered by the data subject by reason of such failure.

Where 2 or more directors or officers of an authorized person are liable inrespect of a failure under subsection (1), their liability shall be joint and several.
Agreement with another regulatory authority37.(1)The Central Bank may enter into an agreement with a local or anoverseas regulatory authority
1. for the purpose of administering or enforcing this Act; or
2. for any other purpose respecting credit reporting services that the Central Bank believes to be in the public interest.
The Central Bank must, in relation to third countries and internationalorganizations, take appropriate steps to
1. develop international cooperation mechanisms to facilitate the effective enforcement of legislation for the protection of personal data;
2. provide international mutual assistance in the enforcement of legislation for the protection of personal data, subject to appropriate safeguards for the protection of personal data, and other fundamental rights and freedoms;
3. engage relevant stakeholders in discussion and activities aimed at furthering international cooperation in the enforcement of legislation for the protection of personal data; and
4. promote the exchange and documentation of legislation and practice for the protection of personal data, including legislation and practice relating to jurisdictional conflicts with third countries.

Confidentiality and restrictions regarding access to information

38.(1)

Information obtained by the Central Bank as a result of an inspection,

audit, investigation or inquiry under this Act, shall not be available for access by any person except

directors, officers or employees of the Central Bank whose responsibilities require or allow them to have access to the information; or
such persons as may be authorized in writing by the Central Bank to have access to such information.
No person, director, officer or employee of the Central Bank shall, unlessauthorized by this Act or any other enactment or with the consent of the person to whom the information relates,
1. communicate, or allow to be communicated, information obtained pursuant to this Act to a person who is not legally entitled to obtain the information; or
2. allow a person who is not legally entitled to information obtained pursuant to this Act to have access to such information.

Limitation on prosecution

No prosecution for an offence committed under this Act or theregulations shall be commenced after a period of 2 years has elapsed after the date on which the offence is alleged to have been committed.
Penalties‌40.
A person guilty of an offence under this Act for which no penalty isotherwise specifically provided is liable on summary conviction, to a fine of $100 000 or to imprisonment for 5 years or to both.
Fixed penalty41.(1)Notwithstanding section 40, where the Central Bank has reason tobelieve that a person has committed an offence pursuant to this Act or the regulations, the Central Bank may issue to the person a notice in writing
1. specifying the offence against the Act or the regulations the Central Bank has reason to believe has been committed;
2. offering the person the option to discharge any liability to prosecution and conviction in respect of the offence by payment of a fixed penalty of $10 000; and
3. giving the person no less than 7 days from the date of receipt of the notice to show cause why the fixed penalty should not be imposed.

A fixed penalty may be imposed by the Central Bank after the periodreferred to in paragraph (c) of subsection (1) has elapsed, by order of the Central Bank.
A fixed penalty payable under paragraph (b) of subsection (1), any otherprovision of this Act or the regulations shall be paid to the Central Bank within 10 days from the date of its imposition, unless otherwise stated.
Subject to subsection (6), the Central Bank may, where a credit bureau failsto pay a fixed penalty within such time as may be specified in a notice issued pursuant to subsection (1), recover the amount due on the fixed penalty from a bank guarantee provided under section 8.
The Central Bank shall, for the purpose of recovering from a bankguarantee the amount due on a fixed penalty payable by a credit bureau, issue an order to the bank issuing the guarantee
1. notifying the bank of the failure of the credit bureau to pay the amount due on the fixed penalty; and
2. directing the bank to immediately pay up the amount to the Central Bank.
Where the amount due on a fixed penalty has been recovered from a bankguarantee in accordance with this section
1. the Central Bank shall by notice in writing inform the credit bureau of the recovery; and
2. the credit bureau shall, within 30 days of being notified by the Central Bank of the recovery from the bank guarantee, furnish the Bank with a new irrevocable bank guarantee
  1. in the amount required to be submitted pursuant to paragraph (b)of subsection (2) of section 8; and
  2. in a format acceptable to the Central Bank.
Without prejudice to any action taken by the Central Bank pursuant toparagraph (a) of subsection (6), the Central Bank may suspend or revoke the licence of a credit bureau which fails to comply with subsection (3) or with paragraph (b) of subsection (6).
Immunity42.(1)
No action or proceeding lies or shall be commenced against theCentral Bank, its directors, officers, employees or agents or an authorized person, for anything done, caused, permitted or authorized to be done, attempted to be
done or omitted to be done in good faith by the Central Bank, its directors, officers, employees or agents or such authorized persons
1. in the exercise or purported exercise of a power conferred by this Act or the regulations; or
2. in the carrying out or purported carrying out of an order made pursuant to this Act or a duty imposed by this Act or the regulations.

(2) The Central Bank shall indemnify its directors, officers, employees, agents

and authorized persons against the cost of defending their actions while discharging their functions under this Act or the regulations in good faith.

Protection of databases upon liquidation

43.(1)

Notwithstanding any provision to the contrary contained in the

Companies Act , Cap. 308, a credit bureau shall not pass a resolution for the suspension of its activity or the voluntary winding up of its business unless the credit bureau first obtains the approval in writing of the Central Bank.

Where a credit bureau is being wound up or liquidated
1. the database containing data subject information shall be transferred to the Central Bank;
2. the Central Bank shall determine whether the credit reporting activities which were undertaken by the credit bureau shall be continued or whether the data subject information shall be destroyed or transferred to another licensed credit bureau, following a bidding process; or
3. where the Central Bank determines not to transfer data subject information to another licensed credit bureau, it may issue an order regarding the disposal or destruction of the data subject information held by the credit bureau which is being wound up or liquidated.

Application of Data Protection Act, 2019 (Act 2019-29)

Where this Act is deficient in any respect for the protection of personaldata, the Data Protection Act, 2019 (Act 2019-29) shall apply to remedy the deficiency.
Regulations
The Minister may, after consultation with the Central Bank, makeregulations
1. prescribing the fees to be paid for
  1. the grant or renewal of a licence; and
  2. the reinstatement of a licence that has been revoked;
2. prescribing any matter that is required or authorized by this Act to be prescribed;
3. relating to the disclosure and protection of data subject information; and
4. generally for the proper administration of this Act.

Transitional provisions

46.(1)

Where on the day immediately preceding the commencement of this

Act any person carried on the business of a credit bureau, that person may continue to carry on that business after the commencement of this Act but shall within 6 months after the commencement of this Act, make application to the Central Bank under section 5 for the grant of a licence to carry on the business of a credit bureau.

Where a person fails to comply with the provisions of subsection (1), theCentral Bank shall order that person to cease its business forthwith.
Where a person fails to comply with the provisions of this section, thatperson and every manager thereof is guilty of an offence and in the case of
1. a body corporate, it is liable on summary conviction to a fine of$200 000; and
2. a manager, he is liable on summary conviction to a fine of $50 000 or to imprisonment for 3 years or to both.

Commencement

47. This Act shall come into operation on a date to be fixed by

Proclamation.

29th December, 2021

2021-32

DEBT SETTLEMENT (ARREARS) ACT, 2021-32

Arrangement of Sections

Short title
Interpretation
Purpose
Creation of Series J Bonds
Issuance of Series J Bonds
Prepayment of principal

SCHEDULE

BARBADOS

I assent

S. MASON

President of Barbados 24th December, 2021.

2021-32

An Act to enable the Government of Barbados to settle its obligations due to certain persons and make provision for the creation and issuance of Series J Bonds to those persons.

[Commencement: 29th December, 2021] ENACTED by the Parliament of Barbados as follows:

Short title 1.

This Act may be cited as the Debt Settlement (Arrears) Act, 2021.

Interpretation

In this Act,“Natural Disaster Clause” has the meaning assigned to it in the Schedule; “Series J Bonds” means the bonds described in the Schedule issued by theGovernment.
Purpose3.
The purpose of this Act is to provide for the creation and issuance ofSeries J Bonds in settlement of
1. obligations of the Government to persons whose lands were acquired under the Land Acquisition Act , Cap. 228;
2. obligations of the Government to persons in respect of causes or legal claims instituted against the Government;
3. Barbados denominated arrears incurred or assumed by the Government; and
4. outstanding liabilities of the Government subject to section 5(2).

Creation of Series J Bonds

The Government shall create Series J Bonds on the terms andconditions set out in the Schedule.
Issuance of Series J Bonds5.(1)
(a)
(b)
(c)The bonds created under section 4 shall be issuedto a person whose land was acquired by the Government under the Land Acquisition Act, Cap. 228 and no compensation has been paid or fully satisfied in respect of the compulsory acquisition of the land;to a person whose cause or legal claim instituted against the Government has not been satisfied; andin respect of any outstanding liabilities of the Government.(2) For the avoidance of doubt, paragraph (1)(c) does not apply to salaries,pensions, gratuities or any other emolument payable to public officers or any person employed by the Government.
Prepayment of principal
1. The Government may, with not less than 15 days prior written noticeto the instrument holder, prepay
  1. part of; or
  2. all of,

any unpaid principal and unpaid accrued interest up to the date of such prepayment on the bonds.

SCHEDULE

(Sections 2 and 4)

Series J Bonds

Maturity: Interest Rate:

Principal Repayment: Natural Disaster Clause:

42 months from the date of issuance None

Principal will be repaid in 42 equal monthly instalments Yes

Schedule – (Cont’d)

Natural Disaster Clause

This natural disaster clause applies following the occurrence of any Caribbean Earthquake Event, Caribbean Tropical Cyclone Event or Covered Area Rainfall Event covered in the Caribbean Catastrophe Risk Insurance Facility (CCRIF) Policy, in respect of which a Policy Payment has been made to Barbados, and subject to paragraph (d) below, Barbados may elect to defer payment of the Deferred Payment Amount on a Deferral Date. Any such Deferred Payment Amount shall remain outstanding and shall continue to accrue interest in accordance with paragraph (c) below.
Beginning with the next Payment Date following a Deferral Date, each remaining principal amortization of the Aﬀected Series will be increased by an amount equal to a pro rata portion of principal that is being deferred on the Deferral Date, taking into account the number of remaining principal amortization payments of that Aﬀected Series.
The portion of a Deferred Payment Amount that is comprised of interest will be capitalized and added to principal as each such interest payment falls due under the terms of the Aﬀected Series after the relevant Deferral Date. As such interest is converted into principal, the principal amount of the Aﬀected Series shall be increased in the amount of such deferred interest.
Barbados shall be entitled to defer the Deferred Payment Amount following the occurrence of an Event only if all of the following conditions are satisfied:
1. the CCRIF Policy is in full force and eﬀect and CCRIF has issued a written report confirming that the Event is an Insured Event in respect of which a Policy Payment has been made to Barbados;
2. since the 22nd day of April, 2021, neither of the Coverage Limit or the Exhaustion Point applicable to earthquakes, tropical cyclone or excess rainfall has been reduced, unless it has been reduced by CCRIF and CCRIF has declined a request submitted by Barbados to CCRIF to maintain such Coverage Limit or Exhaustion Point, as the case may be; and
  Schedule – (Cont’d)
  
  Natural Disaster Clause – (Cont’d)
3. the Modelled Loss (as defined below), in the case of a Caribbean Earthquake Event or Caribbean Tropical Cyclone Event, or the Rainfall Index Loss, in the case of a Covered Area Rainfall Event, to Barbados from the Event is greater than U.S.$5 million.
  Upon electing to defer the Deferred Payment Amount, Barbados shall at its own expense provide notice thereof (a “Deferral Claim”) to the Holders as provided in the Notices provision of the relevant Aﬀected Series, describing in reasonable detail the particulars of the Event giving rise to the right to make such Deferral Claim. Barbados shall be entitled to make no more than three Deferral Claims under each Aﬀected Series.
For purposes of this clause,

“Aﬀected Series” means any series of Government of Barbados BBD-denominated debt securities that incorporates by reference this Natural Disaster Clause;

“Caribbean Earthquake Event”, “Caribbean Tropical Cyclone Event”, “Covered Area Rainfall Event”, “Coverage Limit”, “Exhaustion Point”, “Insured Event”, “Policy Payment” and “Rainfall Index Loss” have the meanings given to those terms in the CCRIF Policy;

“CCRIF” means CCRIF SPC (formerly, the Caribbean Catastrophe Risk Insurance Facility), or any successor thereof, with whom the Government of Barbados has entered into the CCRIF Policy;

“CCRIF Policy” means the Parametric Insurance Contract dated 1st June, 2020 which the Government of Barbados has entered into with CCRIF to insure against risks of earthquake, tropical cyclone and excess rainfall, including any documents incorporated by reference therein and any attachments, annexes, appendices or supplements thereto (including but not limited to the applicable coverage summary and associated loss curve data spreadsheet), as such CCRIF Policy may be amended or supplemented from time to time;

Schedule – (Concl’d)

Natural Disaster Clause – (Concl’d)

“Deferral Claim”, in respect of an Event, has the meaning given to that term in paragraph (d) of this clause;

“Deferral Date” means the Payment Date under the relevant series next following submission of a Deferral Claim;

“Deferred Payment Amount” means all principal amortizations and interest payments falling due on an Aﬀected Series for the consecutive two-year period immediately following the Deferral Date;

“Modelled Loss” has the meaning given to that term in the CCRIF Policy, provided that if the Modelled Loss from an Event is more than 10.0% higher than the Reference Modelled Loss, “Modelled Loss” for purposes of subclause (d)(iii) and the deﬁnition of “Deferral Date” in this clause will be the Reference Modelled Loss;

“Payment Date”, for any Aﬀected Series, means the dates specified for the payments of

interest and/or principal thereunder;

“Reference Modelled Loss” means the Modelled Loss in respect of an Event, calculated under the CCRIF Policy as in eﬀect on the Closing Date, using the relevant Return Period (years) applicable to the Event. When calculating the Reference Modelled Loss, the Return Period (years) applicable to the Event, if not divisible by 5, shall be rounded down to the nearest number that is divisible by 5;

“Return Period”, in relation to years, means the return period applicable to the Event as that term is used in the model and formulae detailed in the CCRIF Policy.

29th December, 2021

2021-33

FACILITATION OF INTERNATIONAL MARITIME TRAFFIC ACT, 2021-33

Arrangement of Sections PART I PRELIMINARY

Short title
Interpretation
Convention to have force of law
Application of Act
PART II ADMINISTRATION
Establishment of National Maritime Transport Facilitation Programme
Establishment of National Maritime Transport Facilitation Committee
Functions of Committee
Functions of the Barbados Port Inc.
PART III ARRIVAL, STAY AND DEPARTURE OF SHIPS
Establishment of Maritime Single Window
Documents to be submitted through Maritime Single Window
Documents pre-arrival
Provisional clearance of ship intending to arrive
Documents on arrival
Final clearance of ship on arrival
Ship arriving for medical emergency
Documents pre-departure
Provisional clearance on intended departure
Documents on departure
Final clearance of ship on departure
Failure to submit pre-arrival and pre-departure documents
Request for additional documents
Documents to be signed
Correction of errors
PART IV ARRIVAL AND DEPARTURE OF CRUISE SHIPS
Arrival of a cruise ship
Documents on arrival of a cruise ship
Documents on departure of a cruise ship
PART V
ARRIVAL AND DEPARTURE OF PASSENGERS AND CREW MEMBERS
Final Certificate of Clearance to be issued before disembarking ship
Documents required from passengers on arrival
Documents required from crew members on arrival
Passengers and crew members arriving without documents
Shore Leave
Documents required from passengers and crew members on departure
Improper documents
PART VI STOWAWAYS
Incidences of stowaways and attempted stowaways to be reported
Ship owner to defray cost of maintaining stowaway
Treatment of stowaways
PART VII OFFENCES AND PENALTIES
Offences relating to the submission of false documents
PART VIII MISCELLANEOUS
Settlement of disputes
Regulations
Amendment of Schedules
Consequential amendments
Commencement
FIRST SCHEDULENational Maritime Transport Facilitation Committee
SECOND SCHEDULE1965 Convention on Facilitation Of International Maritime Traffic (FAL 1965)
THIRD SCHEDULEPre-arrival Documents
FOURTH SCHEDULEDocuments relating to Stowaways
FIFTH SCHEDULEList of officers to whom pre-arrival and pre-departure documents to be submitted
SIXTH SCHEDULECertificates of Clearance on Pre-Arrival and Arrival
SEVENTH SCHEDULEForm of Notice of Intended Departure
EIGHTH SCHEDULECertificates of Clearance on Departure
NINTH SCHEDULEList of officers to whom fines are to be paid for outstanding pre-arrival and pre- departure documents
TENTH SCHEDULEConsequential Amendments
BARBADOS
I assentS. MASONPresident of Barbados 14th December, 2021.
2021-33
An Act to provide for the implementation of the Convention on Facilitation of International Maritime Traffic to make provision for the electronic transmission and exchange of information in order to facilitate and expedite the clearance of international maritime traffic and to provide for related purposes.
[Commencement: by Proclamation]ENACTED by the Parliament of Barbados as follows:
PART I PRELIMINARYShort title1.
This Act may be cited as the Facilitation of International MaritimeTraffic Act, 2021.
Interpretation2.(1)In this Act,“advance cargo information” means a manifest, an airway bill, a bill of lading, information or data in respect of
1. cargo and stores including all imports, exports in transit and transshipment of goods; or
2. any package of which there is no bill of lading or airway bill on board a ship;

“advance passenger information” means the information in respect of a passenger, crew member or other person transported in a ship;

“attempted stowaway” means a person who is

secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or master; and
detected on board the ship before it has departed from the port;

“clearance” means the accomplishment of customs or other formalities necessary to permit

goods to enter for home use, to be exported or to be placed under another customs procedure;
persons to enter Barbados; or
a ship to enter or depart the Port;

“coastal state” means a sovereign state that is not land locked and has territory connected to the ocean or whose coastlines lie on exorheic basins which naturally externally drain into rivers or oceans;

“Committee” means the National Maritime Transport Facilitation Committee established under section 6;

“Convention” means the International Maritime Organization Convention on Facilitation of International Maritime Traffic, 1965

the text of which is set out in the Second Schedule; and
to which Barbados is a party;

“cruise ship” means a ship on an international voyage carrying passengers participating in a group programme and accommodated on board for the purpose of making scheduled temporary tourist visits at one or more different ports, and which during the voyage does not normally

embark or disembark any other passengers; or
load or discharge any cargo;

“customs officer” means a customs officer appointed under section 13 of the Public Service Act , Cap. 29 and includes the Comptroller of Customs, a Deputy Comptroller of Customs, an Assistant Comptroller of Customs and a Customs Guard;

“document” includes information presenting data by electronic means or by non- electronic means;

“domestic space” means the countries of Anguilla, Antigua and Barbuda, Bahamas, Belize, Bermuda, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago, Turks and Caicos Islands and any other country so designated under an enactment governing the customs system in Barbados;

“goods” means tangible products and includes animals and plants transported on an international voyage or for utilization on board a ship;

“immigration officer” means an immigration officer appointed under section 13 of the Public Service Act , Cap. 29 and includes the Chief Immigration Officer, the Deputy Chief Immigration Officer, an Assistant Chief Immigration Officer and a Senior Immigration Officer;

“IMPACS” means the CARICOM Implementing Agency for Crime and Security established under the Agreement Establishing the CARICOM Implementation Agency for Crime and Security, 2006;

“International Health Regulations” are the regulations adopted by the World Health Assembly on the 23rd May, 2005 which entered into force on the 15th June, 2007 to which Barbados is a party;

“JRCC” means the Joint Regional Communication Centre which is a sub-agency of IMPACS which receives advance passenger information data and advance cargo information data;

“maritime autonomous surface ship” means a ship which to a varying degree can operate independently of human interaction;

“Maritime Single Window” means a one-stop service environment that covers maritime and port administrative procedures;

“master” means the person having command of a ship; “Minister” means the Minister responsible for Maritime Affairs;

“non-coastal state” means a land locked state whose territory is not connected to the ocean or whose coastlines lie on endorheic basins which internally drain into lakes or swamps, and allows no natural outflow to rivers or oceans;

“passport” means a valid passport referring to the person producing the same, furnished with a photograph of that person and duly issued to him by or on behalf of the Government of the country of which he is a subject or citizen and for a period which, according to the law in force in that country, has not expired, and includes a travel permit or other document establishing to the

satisfaction of an immigration officer the nationality and identity of the person to whom it refers;

“Port” means the Port of Bridgetown as described in the First Schedule to the Barbados Port Inc. (Transfer of Management and Vesting of Assets) Act , Cap. 285B;

“port” includes any port, terminal, offshore terminal, ship and repair yard or roadstead which is normally used for the loading, unloading, repair and anchoring of ships or any other place at which a ship can call;

“Programme” means the National Maritime Transport Facilitation Programme established under section 5;

“Seafarers’ Identity Document” means the form of identification issued to a seafarer for the purpose of the Seafarers’ Identity Documents Convention, 1958, of the International Labour Organization to which Barbados is a party;

“ship” means a vessel which is designed, used or capable of being used solely or partly for navigation in, on, through, or immediately above the water, without regard to method or lack of propulsion and includes a maritime autonomous surface ship;

“ship agent” means

the party representing the owner of the ship; or
the charterer in port;

“ship owner” means a person who owns or operates a ship and includes any person other than the ship agent acting on the behalf of the owner or the operator;

“ship document” includes certificates and other documents which must be made available by the master of the ship in order to demonstrate that the ship is in compliance with national and international regulations;

“ship equipment” includes articles, other than the spare part of the ship, that are on board a ship for use on the ship and which are removable but not of a

consumable nature, including accessories such as life boats, life-saving devices, furniture, ship apparel and similar items;

“ship spare parts” includes articles of a repair or replacement nature for incorporation into the ship in which they are carried;

“ship stores” includes goods that are to be used in the ship, including consumable goods, goods carried for sale to passengers and crew members, fuel and lubricants but does not include ship equipment and ship spare parts;

“shore leave” means permission for a crew member to go ashore during the stay of a ship in port within such geographical or time limits, if any, as may be decided by the public authorities;

“SOLAS” means the International Convention for Safety of Life at Sea, 1974 to which Barbados is a party;

“stowaway” means a person who

is secreted on a ship, or in cargo which is subsequently loaded on the ship without the consent of the ship owner or master;
is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival; and
is reported as a stowaway by the master to the appropriate authorities.

In this Act, “Annex” shall be construed as a reference
1. to the Annex to the Convention as modified from time to time; or
2. where the Annex is replaced by an instrument, to that instrument.
For the purposes of subsection (2), the Annex is modified where
1. omissions, additions or other alterations to the text take effect in accordance with Article VII of the Convention; or
2. a supplementary provision made under Article VII of the Convention takes effect.
A modification or replacement of the Annex shall come into force in

accordance with Article VII(3) of the Convention.

Convention to have force of law

3.(1)

Subject to this Act, the Convention set out in the Second Schedule,

with the exception of standard 7.4, shall have the force of law in Barbados.

(2) In the event of any inconsistency between this Act and the Convention, the

Convention shall prevail to the extent of the inconsistency.

Application of Act

4.(1)

(a)

(b)

This Act shall apply to all passenger ships and cargo ships that are

of coastal and non-coastal States, the Governments of which are party to the Convention; and

above 150 gross tons.

(2) This Act shall not apply to a passenger or cargo ship that is 150 gross tons

or below.

PART II ADMINISTRATION

Establishment of National Maritime Transport Facilitation Programme

5.(1)

There is established a Programme to be known as the National

Maritime Transport Facilitation Programme for the adoption of measures under the Convention to facilitate and expedite the clearance of international maritime traffic which arrives at and departs from the Port.

The Programme shall
1. set the standards for the formalities, documentary requirements and procedures which should be applied on the arrival, stay and departure of a ship entering or leaving the Port, in relation to:
  1. the ship;
  2. the crew and passengers;
  3. baggage and cargo;
  4. freight containers;
  5. goods;
  6. postal parcels; and
  7. human remains;
2. harmonize the formalities, documentary requirements and procedures set out in the Health Services Act , Cap. 44, the Quarantine Act , Cap. 53, the Quarantine (Maritime) Regulations (S.I. 1947 No. 38) and any enactments governing the customs system and immigration system in Barbados with the standards set out under paragraph (a) for the safe arrival, stay and departure of a ship into and from the Port;
3. create a paperless system for the exchange of information, including the electronic data interchange for the transmission of information relating to maritime transport; and
4. prevent unnecessary delays to ships, persons and property on board ships while in the Port.

Establishment of National Maritime Transport Facilitation Committee

6.(1)

There is established a Committee to be known as the National

Maritime Transport Facilitation Committee.

The Committee shall develop the Programme established under section 5to facilitate and expedite the clearance of international maritime traffic which arrives at and departs from the Port.
The First Schedule shall have effect with respect to the constitution of theCommittee and otherwise in relation thereto.
Functions of Committee7.(a)
(b)
(c)
(d)(e)The functions of the Committee are as follows:to implement and enforce national policies and enactments on the facilitation of international maritime traffic in accordance with the Programme established under section 5;to develop and maintain technological and administrative systems to support a Maritime Single Window;to supervise and regulate the operations of the Maritime Single Window in accordance with international best practices;to advise the Minister on matters relating to this Act; andto do such other things as are necessary to effectively carry out the purposes of this Act.
Functions of the Barbados Port Inc.8.(1)The Barbados Port Inc. shall implement the Programme to facilitateand expedite the clearance of international maritime traffic by
1. establishing and upgrading from time to time a maritime single window at the Port;
2. establishing and maintaining a monitoring, review and evaluation mechanism to ensure that procedures are simplified and that administrative burdens are reduced for ships engaged in international voyages, arriving to, staying in and departing from the Port;
3. applying the principles of efficiency, security and convenience;
4. treating humanely and protecting passengers, crew, seafarers and stowaways who are on board a ship engaged in an international voyage arriving to, stayin g in and departing from the Port;
5. providing training for port authorities to operate the maritime single window to ensure that international ships comply with the requirements under this Act; and
6. to do such other things as are necessary to effectively carry out the purposes of this Act.
The Chief Executive Officer of the Barbados Port Inc. shall be responsiblefor the general administration of this Act.
PART III
ARRIVAL, STAY AND DEPARTURE OF SHIPS
Establishment of Maritime Single Window
1. There is established a Maritime Single Window for Barbados tofacilitate and expedite the clearance of international maritime traffic which arrives in Barbados from a port outside Barbados or departs from Barbados for a port outside Barbados.
  Documents to be submitted through Maritime Single Window10.(1)All documents relating to the arrival, stay and departure of a shipwhich intends to come to Barbados from a port outside Barbados or depart from Barbados for a port outside Barbados shall be submitted in an electronic format, correct in all particulars to
  1. the Chief Executive Officer of the Port, Chief Immigration Officer, Comptroller of Customs, Chief Medical Officer and Chief Environmental Health Officer through the Maritime Single Window; and
  2. the Chief Operations Officer of JRCC through Electronic Manifest Management ASYCUDA.
1. The Chief Operations Officer of JRCC shall submit the documentsreceived in accordance with paragraph (b) of subsection (1) to the Chief Immigration Officer and Comptroller of Customs through the Maritime Single Window.
2. All documents submitted through the Maritime Single Window shall besigned and dated by
  1. the ship owner, ship agent or master;
  2. a person authorized by the ship owner; or
  3. a person approved by the Chief Executive Officer of the Port, Chief Immigration Officer, Comptroller of Customs, Chief Medical Officer, Chief Environmental Health Officer or Chief Operations Officer of the JRCC depending on the document to be submitted through the Maritime Single Window.

Documents pre-arrival

11.(1)

The ship owner, ship agent or master of every ship which intends to

come to Barbados from a port outside Barbados and proposing to call at the Port,

shall submit in the form set out in the Convention in the Second Schedule, the following documents through the Maritime Single Window:
1. a General Declaration set out in Form 1;
2. a Cargo Declaration set out in Form 2 or a copy of the ship’s manifest where the manifest contains the information required in the Cargo Declaration;
3. a Ship’s Stores Declaration set out in Form 3;
4. a Crew’s Effects Declaration set out in Form 4;
5. a Crew List set out in Form 5;
6. a Passenger List set out in Form 6, or a list compiled by the owner of the ship if that list contains the information required in the Passenger List;
7. a Dangerous Goods Manifest set out in Form 7;
shall submit in the form set out in Part A of the Third Schedule the following documents through the Maritime Single Window:(iii)
(iv)(v)(vi)
(vii)(viii)
(ix)
(x)
(xii)Advanced Notification Form for Waste Delivery to Port Reception Facilities set out in Form 1;a List of Ports of Call set out in Form 2;a Maritime Declaration of Health set out in Form 3;an International Certificate of Vaccination or Prophylaxis set out in Form 4;a Yellow Fever Vaccination List set out in Form 5;Security-related information as required under SOLAS regulation XI-2/9.2 set out in Form 6;a Ship Sanitation Control Exemption Certificate & Ship Sanitation Control Certificate set out in Form 7;a Letter Bill – Bulk Mail under the Universal Postal Convention set out in Form 8; andShip Particulars set out in Form 9; and
shall submit in the form set out in Part B of the Third Schedule the following documents through Electronic Manifest Management ASYCUDA:
1. Advanced Passenger Information set out in Form 1; and
2. Advanced Cargo Information set out in Form 2;
shall, where there are stowaways on board the ship, submit the details of the stowaway in the form set out in Part B of the Fourth Schedule.

In the case of a ship arriving from within the domestic space the documentsreferred to in subsection (1) shall be submitted one hour in advance of the arrival of the ship.
In the case of a ship arriving from outside the domestic space, thedocuments referred to in subsection (1) shall be submitted 24 hours in advance of the arrival of the ship.
A ship owner, ship agent or master who does not submit the documentsreferred to in subsection (1) in an electronic format through the Maritime Single Window may, for a period of 12 months after the coming into force of this Act, submit the documents referred to in paragraph (a) and (b)(v) and (viii) of subsection (1) in original hard copy as follows:(a)(b)(c)(d)(e)(f)(g)(h)(i)five copies of the General Declaration; four copies of the Cargo Declaration;four copies of the Ship Stores Declaration; two copies of the Crew Effects Declaration; four copies of the Crew List;four copies of the Passenger List;one copy of the Dangerous Goods Manifest;one copy of the Maritime Declaration of Health; andone copy of security-related information as required under SOLAS regulation XI-2/9.2.2.
Notwithstanding section 10, a ship owner, ship agent or master shall submitthe documents referred to in paragraph (a) of subsection (1) in original hard copy, in circumstances resulting from acts beyond the reasonable control of the Barbados Port Inc. which prevents the electronic submission of documents.
The Fifth Schedule sets out the officer to whom the documents shall besubmitted through the Maritime Single Window.
Every document that is submitted through the Maritime Single Windowshall be retrieved, signed and dated by the respective officer in order to facilitate and expedite the clearance of a ship.
Provisional clearance of ship intending to arrive12.(1)Every ship owner, ship agent or master who submits the documentsin accordance with section 11 shall be issued a Provisional Certificate of Clearance on Pre-Arrival in the form set out in Part A of the Sixth Schedule as follows:
1. in the case of a ship arriving from within the domestic space, 12 hours in advance of the arrival of the ship in Barbados; and
2. in the case of a ship arriving from outside the domestic space 24 hours in advance of the arrival of the ship in Barbados.
Where a ship owner, ship agent or master does not receive a ProvisionalCertificate of Clearance on Pre-Arrival in accordance with subsection (1) and can provide proof that the documents were submitted in accordance with section 11, a Provisional Certificate of Clearance on Pre-Arrival in the form set out in Part A of the Sixth Schedule shall be issued immediately on arrival in Barbados.
Documents on arrival
1. Where a ship owner, ship agent or master submits documents inaccordance with section 11 and the information submitted is no longer accurate because there is a change in the circumstances on the ship, the ship owner, ship agent or master shall resubmit the document to which the change is to be made through the Maritime Single Window on arrival in Barbados, without incurring a penalty.
  Final clearance of ship on arrival
2. The ship owner, ship agent or master who submits documents inaccordance with section 11 shall be issued a Final Certificate of Clearance on Arrival in the form set out in Part B of the Sixth Schedule after the ship arrives in Barbados and is inspected by
  1. a customs officer;
  2. an immigration officer; and
  3. an environmental health officer.
Ship arriving for medical emergency15.(1)Where a ship arrives in Barbados from a port outside Barbados for thepurpose of bringing ashore
1. a sick or an injured passenger or crew member;
2. a person rescued at sea;
3. any other person who requires emergency medical treatment; or
4. a person who requires treatment against
  1. a notifiable disease set out in the First Schedule to the Health Services (Communicable and Notifiable Diseases)Regulations (S.I. 1969 No. 179); or
  2. a public health emergency of international concern,
the ship owner, ship agent or master shall submit the documents set out in subsection (2).
1. In accordance with subsection (1), the ship owner, ship agent or mastershall submit the following documents through the Maritime Single Window:
  1. Crew List set out in Form 5 of the Convention in the Second Schedule;
  2. Passenger List set out in Form 6 of the Convention in the Second Schedule or a list compiled by the owner of the ship if that list contains the information required in the Passenger List;
  3. Maritime Declaration of Health set out in Form 3 in Part A of the Third Schedule; and
  4. International Certificate of Vaccination or Prophylaxis set out in Form 4 in Part A of the Third Schedule.

Documents pre-departure

The ship owner, ship agent or master of every ship which intends todepart from a port in Barbados shall submit a Notice of Intended Departure in the form set out in the Seventh Schedule as follows:
1. in the case of a ship departing to a port within the domestic space, 30 minutes in advance of the departure of the ship; and
2. in the case of a ship departing to a port outside the domestic space, no less than 30 minutes or more than 4 hours in advance of the departure of the ship.

Provisional clearance on intended departure

17.(1)

A ship owner, ship agent or master of a ship who submits a Notice of

Intended Departure, in the form set out in the Seventh Schedule, in accordance with section 16 shall be issued a Provisional Certificate of Clearance on Departure in the form set out in Part A of the Eighth Schedule 3 hours prior to the departure of the ship.

(2) Where a ship owner, ship agent or master does not receive a Provisional

Certificate of Clearance on Departure in accordance with subsection (1) and can provide proof that the documents were submitted in accordance with section 16, a Provisional Certificate of Clearance on Departure shall be issued immediately.

Documents on departure

When a ship departs from Barbados for a port outside Barbados, theship owner or ship agent shall submit through the Maritime Single Window the following documents set out in the Convention in the Second Schedule:
1. a General Declaration set out in Form 1;
2. a Cargo Declaration set out in Form 2, for cargo which was not the subject of a declaration when the ship arrived in Barbados;
3. a Ship’s Stores Declaration set out in Form 3, for ship stores which were not the subject of a declaration when the ship arrived in Barbados; and
4. a Crew List set out in Form 5, where there is a change in the number or the composition of the crew that arrived in Barbados.
  Final clearance of ship on departure
The ship owner, ship agent or master who submits documents inaccordance with section 18 shall be issued a Final Certificate of Clearance on Departure in the form set out in Part B of the Eighth Schedule after the ship has been inspected by
1. a customs officer;
2. an immigration officer; and
3. an environmental health officer.

Failure to submit pre-arrival and pre-departure documents

20.(1)

A ship owner, ship agent or master who fails to submit a document

required under section 11 or 16 shall submit that document immediately on arrival or departure and the ship owner, ship agent or master is liable to pay the administrative penalty set out in subsections (2) and (3) to the officer specified

in the Ninth Schedule for each document that should have been submitted in advance of the arrival or departure of the ship.

Where a ship owner, ship agent or master fails to submit
1. a Maritime Declaration of Health set out in Form 3 in Part A of theThird Schedule;
2. Security-related information as required under SOLAS regulation XI-2/9.2 set out in Form 6 in Part A of the Third Schedule;
3. Advanced Passenger Information set out in Form 1 in Part B of the Third Schedule; or
4. Advanced Cargo Information set out in Form 2 in Part B of the Third Schedule,the administrative penalty shall not exceed $200 000.
Where a ship owner, ship agent or master fails to submit any other

document, the administrative penalty shall not exceed $150 000.

Request for additional documents

The Chief Executive Officer of the Port, Chief Immigration Officer,Comptroller of Customs, Chief Medical Officer, Chief Environmental Health Officer or Chief Operations Officer of JRCC may, where necessary, request a ship owner, ship agent or master to submit documents in addition to those submitted under section 11, 13 and 16.
Documents to be signed
Where a document to be submitted through the Maritime SingleWindow is to be signed, that signature shall be in accordance with subsection (1) of section 8 of the Electronic Transactions Act, Cap. 308B.
Correction of errors23.(1)Where the ship owner, ship agent or master submits a documentthrough the Maritime Single Window that is not correct in all particulars and the ship owner, ship agent or master can show that the error in the particulars
1. was inadvertent;
2. was not of a serious nature;
3. was not due to recurrent carelessness; and
4. was not made to violate any enactment,

the ship owner, ship agent or master may amend the document and resubmit that document through the Maritime Single Window.

Where the ship owner, ship agent or master submits a document specifiedin the Ninth Schedule through the Maritime Single Window that is not correct in all particulars and it is found that the error in the particulars
1. was intentional;
2. was of a serious nature;
3. was due to recurrent carelessness; and
4. was made to violate any enactment,

the ship owner, ship agent or master is liable to pay a fine of $200 for each error that is contained in the document.

PART IV

ARRIVAL AND DEPARTURE OF CRUISE SHIPS

Arrival of a cruise ship

Sections 11, 12 and 14 shall apply to a cruise ship which arrives inBarbados from a port outside Barbados.
Documents on arrival of a cruise ship
Notwithstanding subsection (1) of section 11, when a cruise shiparrives in Barbados from a port outside Barbados, the ship owner, ship agent or master of that ship
1. shall submit the following documents set out in the Convention in theSecond Schedule through the Maritime Single Window:
  1. a General Declaration set out in Form 1;
  2. a Ship’s Stores Declaration set out in Form 3;
  3. a Crew’s Effects Declaration set out in Form 4
  4. a Crew List set out in Form 5;
  5. a Passenger List set out in Form 6, or a list compiled by the owner of the ship if that list contains the information required in the Passenger List, and
2. shall submit the following documents set out in Part A of the Third Schedule through the Maritime Single Window:
  1. a List of Ports of Call set out in Form 2; and
  2. a Maritime Declaration of Health set out in Form 3.
    Documents on departure of a cruise ship
Notwithstanding section 18, when a ship is scheduled to depart fromBarbados for a port outside Barbados and Barbados is the first port of departure, the ship owner, ship agent or master shall submit through the Maritime Single Window, the following documents set out in the Convention in the Second Schedule:
1. a General Declaration set out in Form 1;
2. a Crew List in Form 5; and
3. a Passenger List in Form 6, or a list compiled by the owner of the ship where that list contains the information required in the Passenger List.
  PART V
  ARRIVAL AND DEPARTURE OF PASSENGERS AND CREW MEMBERS
  Final Certificate of Clearance to be issued before disembarking ship
No passenger or crew member shall disembark a ship including acruise ship which arrives in Barbados from a port outside Barbados unless that ship has been issued a Final Certificate of Clearance on Arrival in the form set out in Part B of the Sixth Schedule.
Documents required from passengers on arrival
When a Final Certificate of Clearance on Arrival in the form set outin Part B of the Sixth Schedule has been issued, a passenger who seeks to enter Barbados from a port outside Barbados must be the holder of a passport.
Documents required from crew members on arrival
When a Final Certificate of Clearance on Arrival in the form set outin Part B of the Sixth Schedule has been issued, a crew member who seeks to
enter Barbados from a port outside Barbados must be the holder of one of the following:
1. a passport; or
2. a Seafarers’ Identity Document.
  Passengers and crew members arriving without documents
A passenger or crew member who seeks to enter Barbados and is notthe holder of a passport or Seafarers’ Identity Document shall not be permitted to enter unless he
1. explains to an immigration officer why he is not the holder of a passport or Seafarers’ Identity Document; and
2. establishes his identity and national status to the satisfaction of the immigration officer.

Shore Leave

31.(1)

When a ship arrives in Barbados from a port outside Barbados and

remains in the Port, the master of the ship shall grant shore leave to those crew members who are entitled to shore leave while the ship is in the Port.

A crew member shall not require a visa or special permit for the purposeof shore leave granted in accordance with subsection (1).
Where shore leave has not been granted in accordance with subsection (1),the master of the ship shall provide written reasons to
1. the crew member whose shore leave was denied; and
2. the Chief Executive Officer of the Port.

Documents required from passengers and crew members on departure

Sections 29 and 30 shall apply to a passenger or crew member whoseeks to depart from Barbados for a port outside Barbados.
Improper documents
Where a passenger or crew member seeking to enter Barbados froma port outside Barbados, or depart from Barbados for a port outside Barbados
1. fabricates or falsifies any passport, identity document, seafarers’ document or other document; or
2. uses, utters or possesses, or attempts to use, utter or possess,
  1. any passport, identity document, seafarers’ identity document or other document which has not been lawfully issued or which he is not entitled to use, utter or possess; or
  2. any fabricated or falsified passport, identity document, seafarers’ identity document or other document knowing the same to be fabricated or falsified,that passenger or crew member is guilty of an offence and is liable on summary conviction to a fine of $5 000 or to imprisonment for 12 months or both.
    PART VI STOWAWAYSIncidences of stowaways and attempted stowaways to be reported34.(1)When a ship arrives in Barbados from a port outside Barbados and astowaway is discovered on board the ship, the ship owner, ship agent or master shall report immediately the discovery of the stowaway to the Chief Immigration Officer and the Commissioner of Police in the form set out in Part B of the Fourth Schedule.(2) When a ship is scheduled to depart from Barbados for a port outsideBarbados and an attempted stowaway is discovered on board the ship, the ship
    owner, ship agent or master shall report immediately the discovery of the stowaway to the Chief Immigration Officer and the Commissioner of Police.
    Ship owner to defray cost of maintaining stowaway
    1. Where the ship owner, ship agent or master has reported the discoveryof a stowaway or attempted stowaway in accordance with section 34 and the stowaway or attempted stowaway disembarks the ship and is taken into the custody of the Chief Immigration Officer, the ship owner shall be responsible for the cost of maintaining the stowaway or attempted stowaway.
      Treatment of stowaways
    2. The conditions governing the detention, return and repatriation of anattempted stowaway or a stowaway are set out in Part A of the Fourth Schedule.
      PART VII OFFENCES AND PENALTIESOffences relating to the submission of false documents37.(1)(a)
      (b)A ship owner, ship agent or master whosubmits a false Crew’s Effects Declaration set out in Form 4 of the Convention in the Second Schedule is guilty of an offence and is liable on summary conviction to a fine of $500 000;submits a false
      1. General Declaration set out in Form 1 of the Convention in theSecond Schedule;
      2. Cargo Declaration set out in Form 2 of the Convention in theSecond Schedule or a false copy of the ship’s Manifest;
      3. Ship’s Store Declaration set out in Form 3 of the Convention in the Second Schedule;
      4. Crew List set out in Form 5 of the Convention in the Second Schedule; or
      5. Passenger List set out in Form 6 of the Convention in the Second Schedule or a false copy of a compilation listing the passengers on board the ship,
    is guilty of an offence and is liable on summary conviction to a fine of $100 000; or
3. submits a false Dangerous Goods Manifest set out in Form 7 of the Convention in the Second Schedule is guilty of an offence and is liable on summary conviction to a fine of $2 000 000.
A ship owner, ship agent or master who
1. submits a false Letter Bill – Bulk Mail under the Universal Postal Convention set out in Form 8 in Part A of the Third Schedule is guilty of an offence and is liable on summary conviction to a fine of $500 000;
2. submits a false Ship Sanitation Control Exemption Certificate and Ship Sanitation Control Certificate set out in Form 7 in Part A of the Third Schedule is guilty of an offence and is liable on summary conviction to a fine of $1 000 000; or
3. submits a false
  1. Maritime Declaration of Health set out in Form 3 in Part A of theThird Schedule;
  2. security information as required under SOLAS regulation XI-2/9.2 set out in Form 6 in Part A of the Third Schedule; or
  3. International Certificate of Vaccination or Prophylaxis set out in Form 4 in Part A of the Third Schedule

is guilty of an offence and is liable on summary conviction to a fine of

$2 000 000.

PART VIII MISCELLANEOUS

Settlement of disputes

38. In the case of a dispute between the ship owner, ship agent or master

and the Barbados Port Inc., the parties shall consult together with a view to the settlement of the dispute by mediation.

Regulations

39.

Act.

The Minister may make regulations generally for giving effect to this

Amendment of Schedules

The Minister may by order amend the First Schedule, ThirdSchedule, Fifth Schedule, Sixth Schedule, Seventh Schedule, Eighth Schedule andNinth Schedule.
Consequential amendments
The enactments set out in the first column of the Tenth Schedule areamended in the manner set out opposite thereto in the second column.
Commencement
This Act shall come into operation on a date to be fixed byProclamation.
FIRST SCHEDULE
(Section 2 and 6(3))National Maritime Transport Facilitation Committee
Appointment of members1.(1)
(a)The Committee shall comprise of 13 members as follows: three representatives from the Barbados Port Inc.;
1. one representative from Port Security;
2. one representative from the Port Information Technology Department;
3. one representative from the Port Corporate Department;

two representatives from Port Health;
two representatives from the Customs Department;
two representatives from the Immigration Department;
one representative from a cruise tour operator organization;
one representative from a local shipping company;
two persons appointed by the Minister as follows:
1. one person who appears to the Minister to be qualified and experienced in economics, accounts, finance, tax, law, public administration or business or such other area as, in the opinion of the Minister, is required for the discharge of the functions of the Board; and
2. one person nominated by the most representative organisation of employees from among its members.

A member shall subject to the provisions of this Schedule
1. hold office for a term not exceeding 3 years; and
2. be eligible for reappointment.
The Minister shall, pursuant to subparagraph (3), determine the term of

office of a member in such a manner that in any one year the respective terms of office of no more than 3 members expire.

Chairman and Deputy Chairman

2. The Minister shall appoint a member to be Chairman, and another to

be Deputy Chairman, of the Committee.

Resignation

3.(1)

The Chairman may resign his office by instrument in writing

addressed to the Minister.

A director, other than the Chairman, may resign his office by instrumentin writing addressed to the Chairman, who shall forthwith forward the instrument to the Minister.
A resignation takes effect from the date on which the Minister receives the

instrument.

Temporary leave of absence

The Minister may, in writing, grant leave of absence to a member.
Temporary appointment
Where a member is, or is likely to be, unable to perform the functionsof his office for more than 30 days, whether as a result of absence from Barbados, illness or other cause, the Minister may appoint a person to act in the place of the member.
Revocation of appointment6.(a)(b)
(c)
(d)(e)
(f)The Minister shall revoke the appointment of a member who fails to carry out any of his functions under this Act;becomes of unsound mind or becomes permanently unable to perform his functions by reason of ill health;is convicted of an offence involving fraud or dishonesty or, in the case of any other offence, is sentenced to a term of imprisonment;is guilty of serious misconduct in relation to his functions;is bankrupt or compounds with or suspends payment to his creditors; orfails to declare his interest in a matter before the Committee.
Vacancies 7.(1)
A vacancy in the membership of the Committee arises on
1. the death or resignation of a member;
2. the revocation of the appointment of a member; or
3. the absence of a member from 4 consecutive meetings of the Committee without the approval of the Minister.

(2) A person who is appointed to fill a vacancy referred to in subparagraph (1)

shall hold office only for the unexpired portion of the term of the former member concerned.

Disqualification

8.

(a)

A person who

is a member of Parliament;

other than a person specified in paragraph 1(a)(ii) or (iii), is a public officer within the meaning of the Public Service Act, Cap. 29; or
were he a member, would have to be removed from office pursuant to paragraph 6,

is not eligible to be a member.

Gazetting of appointments

The appointment, resignation, death or removal of a member of theCommittee shall be notified in the Official Gazette.
Seal and execution of documents10.(1)(a)
(b)The seal of the Committee shall bekept in the custody of the Chairman, the Deputy Chairman or the person performing the functions of secretary to the Committee and may be affixed to documents or instruments pursuant to a resolution of the Committee, in the presence of any 2 of the persons referred to in this subparagraph; andauthenticated by the signature of the Chairman or the Deputy Chairman or the person performing the functions of secretary to the Committee.(2) All documents or instruments made by the Committee, other than thoserequired by law to be under seal, and all decisions of the Committee shall be signified under the hand of the Chairman or the Deputy Chairman or the person performing the functions of secretary to the Committee.
Meetings11.(1)
The Committee shall meet quarterly or as often as may be necessaryor expedient for the transaction of its business; and such meetings shall be held at such places and times and on such days as the Committee may determine.
1. The Chairman, or in the event of his absence from Barbados or inabilityto act as such, the Deputy Chairman, may at any time call a special meeting of
  the Committee and shall call such a meeting within 7 days of the receipt by him of a request for the purpose addressed to him in writing and signed by not less than 3 members.
2. The Chairman, or in his absence, the Deputy Chairman, shall preside at allmeetings of the Committee.
3. Where the Chairman and the Deputy Chairman are absent from a meeting,the directors present shall elect a director from among their number to preside at the meeting.
4. Five members shall constitute a quorum.
5. The decisions of the Committee shall be by a majority of votes and in acase where the voting is equal, the Chairman or other person presiding at the meeting shall, in addition to an original vote, have a casting vote.
6. Minutes of each meeting shall be kept by the person performing the
functions of secretary to the Committee or by such other officer as the Committee appoints for the purpose and shall be confirmed by the Committee and signed by the Chairman or Deputy Chairman at the next meeting of the Committee.
Attendance of non-members at meetings
1. The Committee may invite any person to attend any of its meetings toassist or advise it with respect to any matter under its consideration, but a person so invited does not have a right to vote.
  Board may regulate proceedings
2. Subject to the provisions of this Schedule, the Committee may regulate

its own proceedings.

SECOND SCHEDULE

(Sections 2, 3(1), 11(1)(a), 15, 18, 25, 26, 37(1))

1965 Convention on Facilitation Of International Maritime Traffic (FAL 1965)

Adopted in London, England on 9 April 1965

THE CONTRACTING GOVERNMENTS:

DESIRING to facilitate maritime traffic by simplifying and reducing to a minimum the formalities, documentary requirements and procedures on the arrival, stay and departure of ships engaged in international voyages;

HAVE AGREED as follows:

ARTICLE I

The Contracting Governments undertake to adopt, in accordance with the provisions of the present Convention and its Annex, all appropriate measures to facilitate and expedite international maritime traffic and to prevent unnecessary delays to ships and to persons and property on board.

ARTICLE II

The Contracting Governments undertake to co-operate, in accordance with the provisions of the present Convention, in the formulation and application of measures for the facilitation of the arrival, stay and departure of ships. Such measures shall be, to the fullest extent practicable, not less favourable than measures applied in respect of other means of international transport; however, these measures may differ according to particular requirements.
The measures for the facilitation of international maritime traffic provided for under the present Convention and its Annex apply equally to the ships of coastal and non-coastal States the Governments of which are Parties to the present Convention.
The provisions of the present Convention do not apply to warships or pleasure yachts.
ARTICLE III
The Contracting Governments undertake to co-operate in securing the highest practicable degree of uniformity in formalities, documentary requirements and procedures in all matters in which such uniformity will facilitate and improve international maritime traffic and keep to a minimum any alterations in formalities, documentary requirements and procedures necessary to meet special requirements of a domestic nature.
ARTICLE IV
With a view to achieving the ends set forth in the preceding Articles of the present Convention, the Contracting Governments undertake to co-operate with each other or through the Inter- Governmental Maritime Consultative Organization (hereinafter called the “Organization”) in matters relating to formalities, documentary requirements and procedures, as well as their application to international maritime traffic.
ARTICLE V
1. Nothing in the present Convention or its Annex shall be interpreted as preventing the application of any wider facilities which a Contracting Government grants or may grant in future in respect of international maritime traffic under its national laws or the provisions of any other international agreement.
2. Nothing in the present Convention or its Annex shall be interpreted as precluding a Contracting Government from applying temporary measures considered by that Government to be necessary to preserve public morality, order and security or to prevent the introduction or spread of diseases or pests affecting public health, animals or plants.
3. All matters that are not expressly provided for in the present Convention remain subject to the legislation of the Contracting Governments.
  ARTICLE VI
  For the purposes of the present Convention and its Annex:
  1. “Standards” are those measures the uniform application of which by Contracting Governments in accordance with the Convention is necessary and practicable in order to facilitate international maritime traffic;
  2. “Recommended Practices” are those measures the application of which by Contracting Governments is desirable in order to facilitate international maritime traffic.
    ARTICLE VII
    1. The Annex to the present Convention may be amended by the Contracting Governments, either at the proposal of one of them or by a conference convened for that purpose.
    2. Any Contracting Government may propose an amendment to the Annex by forwarding a draft amendment to the Secretary-General of the Organization (hererinafter called the “Secretary- General”):
      1. Upon the express request of a Contracting Government, the Secretary-General shall communicate any such proposal directly to all Contracting Governments for their consideration and acceptance. If he receives no such express request, the Secretary- General may proceed to such consultations as he deems advisable before communicating the proposal to the Contracting Governments;
      2. Each Contracting Government shall notify the Secretary-General within one year from the receipt of any such communication whether or not it accepts the proposal;
      3. Any such notification shall be made in writing to the Secretary-General who shall inform all Contracting Governments of its receipt;
      4. Any amendment to the Annex under this paragraph shall enter into force six months after the date on which the amendment is accepted by a majority of the Contracting Governments;
      5. The Secretary-General shall inform all Contracting Governments of any amendment which enters into force under this paragraph, together with the date on which such amendment shall enter into force.
    3. A conference of the Contracting Governments to consider amendments to the Annex shall be convened by the Secretary-General upon the request of at least one-third of these Governments. Every amendment adopted by such conference by a two-thirds majority of the Contracting Governments present and voting shall enter into force six months after the date on which the Secretary-General notifies the Contracting Governments of the amendment adopted.
    4. The Secretary-General shall notify promptly all signatory Governments of the adoption and entry into force of any amendment under this Article.
    ARTICLE VIII
    1. Any Contracting Government that finds it impracticable to comply with any Standard by bringing its own formalities, documentary requirements or procedures into full accord with it or which deems it necessary for special reasons to adopt formalities, documentary requirements or procedures differing from that Standard, shall so inform the Secretary-General and notify him of the differences between its own practice and such Standard. Such notification shall be made as soon as possible after entry into force of the present Convention for the Government concerned, or after the adoption of such differing formalities, documentary requirements or procedures.
    2. Notification by a Contracting Government of any such difference in the case of an amendment to a Standard or of a newly adopted Standard shall be made to the Secretary-General as soon as possible after the entry into force of such amended or newly adopted Standard, or after the adoption of such differing formalities, documentary requirements or procedures and may include an indication of the action proposed to bring the formalities, documentary requirements or procedures into full accord with the amended or newly adopted Standard.
    3. Contracting Governments are urged to bring their formalities, documentary requirements and procedures into accord with the Recommended Practices insofar as practicable. As soon as any Contracting Government brings its own formalities, documentary requirements and procedures into accord with any Recommended Practice, it shall notify the Secretary-General thereof.
    4. The Secretary-General shall inform the Contracting Governments of any notification made to him in accordance with the preceding paragraphs of this Article.
    ARTICLE IX
    The Secretary-General shall convene a conference of the Contracting Governments for revision or amendment of the present Convention at the request of not less than one-third of the Contracting Governments. Any revision or amendments shall be adopted by a two-thirds majority vote of the Conference and then certified and communicated by the Secretary-General to all Contracting Governments for their acceptance. One year after the acceptance of the revision or amendments by two-thirds of the Contracting Governments, each revision or amendment shall enter into force for all Contracting Governments except those which, before its entry into force, make a declaration that they do not accept the revision or amendment. The Conference may by a two- thirds majority vote determine at the time of its adoption that a revision or amendment is of such a nature that any Contracting Government which has made such a declaration and which does not accept the revision or amendment within a period of one year after the revision or amendment enters into force shall, upon the expiration of this period, cease to be a party to the Convention.
    ARTICLE X
    1. The present Convention shall remain open for signature for six months from this day’s date and shall thereafter remain open for accession.
    2. The Governments of States Members of the United Nations, or of any of the specialized agencies, or the International Atomic Energy Agency, or Parties to the Statute of the International Court of Justice may become Parties to the present Convention by:
      1. signature without reservation as to acceptance;
      2. signature with reservation as to acceptance followed by acceptance; or
      3. accession.
        Acceptance or accession shall be effected by the deposit of an instrument with the Secretary- General.
    3. The Government of any State not entitled to become a Party under paragraph 2 of this Article may apply through the Secretary-General to become a Party and shall be admitted as a Party in accordance with paragraph 2, provided that its application has been approved by two-thirds of the Members of the Organization other than Associate Members.
    ARTICLE XI
    The present Convention shall enter into force sixty days after the date upon which the Governments of at least ten States have either signed it without reservation as to acceptance or have deposited instruments of acceptance or accession. It shall enter into force for a Government which subsequently accepts it or accedes to it sixty days after the deposit of the instrument of acceptance or accession.
    ARTICLE XII
    Three years after entry into force of the present Convention with respect to a Contracting Government, such Government may denounce it by notification in writing addressed to the Secretary- General who shall notify all Contracting Governments of the content and date of receipt of any such notification. Such denunciation shall take effect one year, or such longer period as may be specified in the notification, after its receipt by the Secretary-General.
    ARTICLE XIII
    1. (a) The United Nations in cases where they are the administering authority for a territory, or any Contracting Government responsible for the international relations of a territory, shall as soon as possible consult with such territory in an endeavour to extend the present Convention to that territory, and may at any time by notification in writing given to the Secretary-General declare that the Convention shall extend to such territory.
      1. The present Convention shall from the date of the receipt of the notification or from such other date as may be specified in the notification extend to the territory named therein.
      2. The provisions of Article VIII of the present Convention shall apply to any territory to which the Convention is extended in accordance with the present Article; for this purpose, the expression “its own formalities, documentary requirements or procedures” shall include those in force in that territory.
      3. The present Convention shall cease to extend to any territory one year after the receipt by the Secretary-General of a notification to this effect, or on such later date as may be specified therein.
The Secretary-General shall inform all the Contracting Governments of the extension of the present Convention to any territory under paragraph 1 of this Article, stating in each case the date from which the Convention has been so extended.
ARTICLE XIV
The Secretary-General shall inform all signatory Governments, all Contracting Governments and all Members of the Organization of:
1. the signatures affixed to the present Convention and the dates thereof;
2. the deposit of instruments of acceptance and accession together with the dates of their deposit;
3. the date on which the Convention enters into force in accordance with Article XI;
4. any notification received in accordance with Articles XII and XIII and the date thereof;
5. the convening of any conference under Articles VII or IX.

ARTICLE XV

The present Convention and its Annex shall be deposited with the Secretary-General who shall transmit certified copies thereof to signatory Governments and to acceding Governments. As soon as the present Convention enters into force, it shall be registered by the Secretary-General in accordance with Article 102 of the Charter of the United Nations.

ARTICLE XVI

The present Convention and its Annex shall be established in the English and French languages, both texts being equally authentic. Official translations shall be prepared in the Russian and Spanish languages and shall be deposited with the signed originals.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed the present Convention.

DONE at London this ninth day of April 1965.

ANNEX

Section 1 – Definitions and general provisions

Definitions
For the purpose of the provisions of this annex, the following meanings shall be attributed to the terms listed:
Attempted stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person, and who is detected on board the ship before it has departed from the port.
Cargo. Any goods, wares, merchandise, and articles of every kind whatsoever carried on a ship, other than mail, ship’s stores, ship’s spare parts, ship’s equipment, cargo transport units not carried under a contract of carriage with a shipper, crew’s effects and passengers’ accompanied baggage.
Cargo transport unit (CTU). A freight container, swap-body, vehicle, railway wagon or any other similar unit.
Clearance. Accomplishment of customs and/or other formalities necessary to:
1. Permit goods to enter home use, to be exported or to be placed under another customs procedure (so called customs clearance),
2. Permit persons to enter the territory of a State, or
3. Permit a ship to enter or depart a port within the territory of a State.
  Crew’s effects. Clothing, items in everyday use and other articles, which may include currency, belonging to the crew and carried on the ship.
  Crew member. Any person actually employed for duties on board during a voyage in the working or service of a ship and included in the crew list.
  Cruise ship. A ship on an international voyage carrying passengers participating in a group programme and accommodated aboard, for the purpose of making scheduled temporary tourist visits at one or more different ports, and which during the voyage does not normally:
  1. embark or disembark any other passengers;
  2. load or discharge any cargo.
  Document. Information presenting data by electronic means or by non-electronic means.
  Estimated time of arrival (ETA). Time when a ship estimates it will arrive at the pilot station serving a port or, when it expects to enter a specific location in the port area, where port regulations apply.
  Freight container. An article of transport equipment that is of a permanent character and accordingly strong enough to be suitable for repeated use; specially designed to facilitate the transport of goods, by one or other modes of transport, without intermediate reloading: designed to be secured and/or readily handled, having fittings for these purposes, and approved in accordance with the International Convention for Safe Containers (CSC), 1972, as amended. The term “freight container” includes neither vehicle nor packaging; however a freight container that is carried on a chassis is included.
  ISPS Code. The “International Ship and Port Facility Security (ISPS) Code” adopted on 12 December 2002 by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as may be amended by the Organization.
  Manifest. Document recapitulating the various data from bills of lading and other transport documents issued for the carriage of goods on board ships.
  Master. The person having command of a ship.
  Passenger in transit. A passenger who arrives by ship from a foreign country for the purpose of continuing his/her journey by ship or some other means of transport to a foreign country.
  Passengers’ accompanied baggage. Property, which may include currency, carried for a passenger on the same ship as the passenger, whether in his/her personal possession or not, so long as it is not carried under a contract of carriage of goods or other similar agreement.
  Port. Any port, terminal, offshore terminal, ship and repair yard or roadstead which is normally used for the loading, unloading, repair and anchoring of ships, or any other place at which a ship can call.
  Postal items. Correspondence and other objects tendered to be carried by a ship for carriage by postal administrations and intended for delivery to postal administrations in the ship’s ports of call.
  Public authorities. The agencies or officials in a State responsible for the application and enforcement of the laws and regulations of that State which relate to any aspect of the Standards and Recommended Practices contained in this annex.
  Release. Action taken by customs authorities to permit goods undergoing clearance to be placed at the disposal of the persons concerned.
  Security measures. Measures developed and implemented in accordance with international agreements to improve security on board ships, in port areas, facilities and of goods moving in the international supply chain to detect and prevent unlawful acts.
  Ship agent. The party representing the ship’s owner and/or charterer (the Principal) in port. If so instructed, the agent is responsible to the Principal for arranging, together with the port, a berth, all relevant port and husbandry services, tending to the requirements of the master and crew, clearing the ship with the port and other authorities (including preparation and submission of appropriate documentation) along with releasing or receiving cargo on behalf of the Principal.
  Shipowner. One who owns or operates a ship, whether a person, a corporation or other legal entity, and any person other than the ship agent acting on behalf of the owner or operator.
  Ship’s documents. Certificates and other documents which must be made available by a ship’s master in order to demonstrate the ship’s compliance with international or national regulations.
  Ship’s equipment. Articles, other than ship’s spare parts, on board a ship for use thereon, which are removable but not of a consumable nature, including accessories such as lifeboats, life-saving devices, furniture, ship’s apparel and similar items.
  Ship’s spare parts. Articles of a repair or replacement nature for incorporation into the ship in which they are carried.
  Ship’s stores. Goods for use in the ship, including consumable goods, goods carried for sale to passengers and crew members, fuel and lubricants, but excluding ship’s equipment and ship’s spare parts.
  Shipper. The party named on the bill of lading or waybill as shipper and/or who concludes a contract of carriage (or in whose name or on whose behalf a contract of carriage has been concluded) with a carrier. The shipper is known also as the sender.
  Shore leave. Permission for a crew member to be ashore during the ship’s stay in port within such geographical or time limits, if any, as may be decided by the public authorities.
  Single Window. A facility that allows submission of standardized information covered by the Convention to a single entry point.
  Stowaway. A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person and who is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival, and is reported as a stowaway by the master to the appropriate authorities.
  Temporary admission. The customs procedure under which certain goods can be brought into a customs territory conditionally relieved, totally or partially, from payment of import duties and taxes and without application of import prohibitions or restrictions of economic character; such goods must be imported for a specific purpose and must be intended for re-exportation within a specified period and without having undergone any change except normal depreciation owing to the use made of them.
  Time of arrival. Time when a ship first comes to rest, whether at anchor or at a dock, in a port.
  Transport document. Information evidencing a contract of carriage between a shipowner and a shipper, such as a sea waybill, a bill of lading or a multi-modal transport document.
General Provisions
In conjunction with paragraph 2 of article V of the Convention, the provisions of this annex shall not preclude public authorities from taking such appropriate measures, including calling for further information, as may be necessary in cases of suspected fraud, or to deal with special problems constituting a grave danger to public order (ordre public), public security or public health, such as unlawful acts against the safety of maritime traffic and illicit trafficking in narcotic drugs and psychotropic substances, or to prevent the introduction or spread of disease or pests affecting animals or plants.
1. Standard. Public authorities shall in all cases require only essential information tobe furnished, and shall keep the number of items to a minimum.
  1. Not in use.
2. Recommended Practice. Notwithstanding the fact that documents for certainpurposes may be separately prescribed and required in this annex, public authorities, bearing in mind the interests of those who are required to complete the documents as well as the purposes for which they are to be used, should provide for any two or more such documents that are to be submitted by the same party to be combined into one in any case in which this is practicable and in which an appreciable degree of facilitation would result.
3. Recommended Practice. Measures and procedures imposed by ContractingGovernments for the purposes of security or preventing the trafficking of narcotics should be efficient. Such measures and procedures (e.g. risk management and cross-checking of information) should be implemented in such a manner as to cause a minimum of interference with, and to prevent unnecessary delays to, ships and persons or property on board.
  C.
  1.3bis.Systems for the electronic exchange of information
  Standard. Public authorities shall take all necessary measures for the establishmentof systems for the electronic exchange of information by 8 April 2019.
  1.3ter.Standard. Public authorities, when introducing systems for the electronic exchangeof information to assist clearance processes, shall provide shipowners and other parties concerned with the necessary information about the systems requirements and give an adequate period of transition before the use of the systems are made mandatory. A period of no less than 12 months for transition to the mandatory use of the systems shall be provided from the date of the introduction of such systems.
  1.3quart.Recommended Practice. Public authorities should, for a transitional period, allowfor the submission of required information for clearance processes in both electronic and paper form.
  1.3quin.Recommended Practice. Contracting Governments should encourage publicauthorities to introduce arrangements to enable the submission of all the information required by public authorities in connection with the arrival, stay and departure of ships, persons and cargo, avoiding duplication, to a “Single Window”.
  Consideration should also be given to such a Single Window serving as the mechanism through which the public authorities communicate decisions and other information covered by this Convention.
4. Not in use.
5. Not in use.
6. Standard. Public authorities, when introducing systems for the electronic exchangeof information for clearance processes, shall limit the information they require from shipowners and other parties concerned to that required by the FAL Convention.
  1.6bis.Standard. When introducing systems for the electronic exchange of informationrequired by public authorities for the arrival, stay and departure of the ship, persons and cargo to facilitate clearance processes, Contracting Governments shall encourage public authorities and other parties concerned (shipowners, handling companies, seaports, and/or cargo agents, etc.) to exchange data in conformity with the relevant UN Standards, including UN Electronic Data Interchange for Administration, Commerce and Transport (UN/EDIFACT) Standards, or other internationally agreed Standards, such as the XML Standard.
  1.6ter.Recommended Practice. When introducing new electronic message formats,public authorities should continue to allow for the usage of existing electronic message formats in agreement with the parties concerned.
7. Recommended Practice. When planning for, introducing or modifying systems for
the electronic exchange of information for clearance processes, public authorities should:
1. afford all interested parties, from the outset, the opportunity for consultation;
2. evaluate existing procedures and eliminate those which are unnecessary;
3. determine those procedures which are to be computerized;
(d)
(e)(f)
(g)
1.7.1.use United Nations (UN) Recommendations, WCO Information Packages and relevant ISO Standards to the maximum extent practicable;adapt these systems for multimodal applications;take appropriate steps to minimize the cost of implementing these systems to operators and other private parties; andgive attention to the desirability of obtaining compatibility with other relevant information systems.
Recommended Practice. Contracting Governments should encourage publicauthorities and other parties concerned to cooperate or participate directly in the development of electronic systems using internationally agreed Standards with a view to enhancing the exchange of information relating to the arrival, stay and departure of ships, persons and cargo and assuring inter-operability between the systems of public authorities and other parties concerned.
1.8.
1.8.1. D.1.9.Not in use. Not in use.Illicit drug trafficking
Recommended Practice. Public authorities should seek to establish cooperationarrangements with shipowners and other parties concerned to improve their ability to combat drug smuggling, while providing enhanced facilitation. Such arrangements could be based on the World Customs Organization Memoranda of Understanding and the associated guidelines.
1.10. Standard. Where, as part of cooperation arrangements, public authorities,shipowners, and other parties concerned are provided access to sensitive commercial and other information, the information shall be treated confidentially.
E.
1.11.Control techniques.
Standard. Public authorities shall use risk management to enhance their bordercontrol procedures related to:the release/clearance of cargo; security requirements; andtheir ability to target smuggling,
thereby facilitating the legitimate circulation of persons and goods.
Section 2 – Arrival, stay and departure of the shipThis section contains the provisions concerning the formalities required of shipowners by the public authorities on the arrival, stay and departure of the ship and shall not be read so as to preclude a requirement for the presentation, for inspection by the appropriate authorities, of certificates and other documents made available by the ship pertaining to its registry, measurement, safety, manning and other related matters.
A.
2.1.General
Standard. Public authorities shall not require for their retention, on arrival ordeparture of ships to which the Convention applies, any documents other than those covered by the present section. The documents in question are:General Declaration Cargo DeclarationShip’s Stores Declaration Crew’s Effects Declaration Crew ListPassenger ListDangerous Goods ManifestThe document required under the Universal Postal Convention for mail Maritime Declaration of HealthSecurity-related information as required under SOLAS regulation XI-2/9.2.2 Advance electronic cargo information for customs risk assessment purposesAdvanced Notification Form for Waste Delivery to Port Reception Facilities, when communicated to the Organization.
1. Standard. Contracting Governments shall not require consular formalities, chargesor fees in connection with documents for the clearance of ships, including the electronic submission of documents.
2. Standard. Public authorities shall develop procedures for the lodgement of pre-arrival and pre-departure information in order to facilitate the processing of such information for the expedited subsequent release/clearance of cargo and persons.
3. Recommended Practice. National legislation should specify the conditions for thelodgement of pre-arrival and pre-departure information. With regard to the point in time of transmission of the pre-arrival information, it should not normally be set before the moment the ship has left the country of departure. However, national legislation could, in addition to the basic rule, also specify the exceptions from this principle where required, e.g. for voyages of short duration.
  2.1.3bis.Recommended Practice. Public authorities should, for the submission of advanceelectronic cargo information for customs risk assessment purposes, take into account the time limits specified in the WCO SAFE Framework of Standards.
4. Recommended Practice. Public authorities should not require the lodgement of aseparate General Declaration, Cargo Declaration, Crew List, Passenger List and Dangerous Goods Manifest if the data elements contained in these documents are included in the pre-arrival or pre-departure information or in the ship’s manifest.
5. Standard. Public authorities shall reuse the pre-arrival and pre-departure
information in subsequent procedures where such data is required.
B.
2.2.Contents and purpose of documents
Standard. The General Declaration shall be the basic document on arrival anddeparture providing data required by public authorities relating to the ship.
1. Recommended Practice. The same form of General Declaration should be acceptedfor both the arrival and the departure of the ship.
2. Recommended Practice. In the General Declaration, public authorities should notrequire more than the following data:name, type and IMO number of ship call signflag State of ship voyage number
  particulars regarding registry particulars regarding tonnage name of mastername and contact details of ship’s agent brief description of the cargonumber of crew number of passengersbrief particulars of voyagedate and time of arrival/departure port of arrival/departurethe ship’s requirements in terms of waste and residue reception facilities last port of call/next port of call.
3. Standard. Public authorities shall accept that the General Declaration is either dated
and signed by the master, the ship’s agent or some other person duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.
1. Standard. The Cargo Declaration shall be the basic document on arrival anddeparture providing data required by public authorities relating to the cargo. However, particulars of any dangerous cargo may also be required to be furnished separately.
  1. Recommended Practice. In the Cargo Declaration, public authorities should notrequire more than the following data:
    1. on arrivalname and IMO number of ship flag State of shipname of master voyage number port of loadingport where report is made
      
      (b)
      2.3.2.freight container identification, where appropriate; marks and numbers; number and kind of packages; quantity and description of the goods or, if available, the Harmonized System (HS) codetransport document numbers for cargo to be discharged at the port in question ports at which cargo remaining on board will be dischargedoriginal ports of shipment in respect of goods shipped under multimodal transport documents or through bills of ladingon departurename and IMO number of ship flag State of shipname of master voyage number port of dischargein respect of goods loaded at the port in question: freight container identification, where appropriate; marks and numbers; number and kind of packages; quantity and description of the goods or, if available, the Harmonized System (HS) codetransport document numbers for cargo loaded at the port in question.
      Standard. In respect of cargo remaining on board, public authorities shall requireonly brief details of the minimum essential items of information to be furnished.
      1. Standard. Public authorities shall accept that the Cargo Declaration is either datedand signed by the master, the shipowner issuing the transport document, the ship’s agent or some other person duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.
      2. Standard. Public authorities shall accept in place of the Cargo Declaration a copyof the ship’s manifest provided it contains at least the information required in accordance with Recommended Practice 2.3.1 and Standard 2.3.2 and is signed or authenticated, and dated, in accordance with Standard 2.3.3.
        Recommended Practice. As an alternative to Standard 2.3.4, public authorities may
      accept a copy of the transport document signed or authenticated in accordance with Standard 2.3.3, or certified as a true copy, if the nature and quantity of cargo make this practicable and
      provided that any data required and identified in accordance with Recommended Practice 2.3.1 and Standard 2.3.2 which does not appear in such documents is also furnished elsewhere and duly certified.
      2.3.5. Standard. Public authorities shall allow unmanifested parcels in possession of themaster to be omitted from the Cargo Declaration provided that particulars of these parcels are furnished separately.
      1. Standard. The Ship’s Stores Declaration shall be the basic document on arrival anddeparture providing information required by public authorities relating to ship’s stores.
        Standard. Public authorities shall accept that the Ship’s Stores Declaration is eitherdated and signed by the master or by some other ship’s officer duly authorized by the master and having personal knowledge of the facts regarding the ship’s stores, or authenticated in a manner acceptable to the public authority concerned.
      2. Standard. The Crew’s Effects Declaration shall be the basic document providinginformation required by public authorities relating to crew’s effects. It shall not be required on departure.
        Standard. Public authorities shall accept that the Crew’s Effects Declaration iseither dated and signed by the master or by some other ship’s officer duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned. For the purpose of onboard verification, the public authorities may also require each crew member to sign or verify in a manner acceptable to the public authorities the declaration relating to his/her personal effects.
        Recommended Practice. Public authorities should normally require particulars ofonly those crew’s effects which would not qualify for relief from customs duties and taxes or which are subject to prohibitions or restrictions.
      3. Standard. The Crew List shall be the basic document required by public authoritiescontaining data relating to the number and composition of the crew on the arrival and departure of a ship.
        Standard. In the Crew List, public authorities shall not require more than thefollowing data:name and IMO number of ship flag State of ship
        call sign voyage number family name give names nationality rank or rating genderdate and place of birthnature and number of identity document issuing State of identity document expiry date of identity documentport and date of arrival/departure of the ship last pot of call.
        Standard. Public authorities shall accept that the Crew List is either dated andsigned by the master or by some other ship’s officer duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.
        Not in use.
        Recommended Practice. The Passenger List shall be the basic document requiredby public authorities containing the data relating to passengers on the arrival and departure of a ship.
      4. Standard. In the Crew List, public authorities shall not require more than thefollowing data:
        Not in use.
        Recommended Practice. Public authorities should not require embarkation ordisembarkation cards in addition to Passenger Lists in respect of passengers whose names appear on those Lists. However, where public authorities have special problems constituting a grave danger to public health, a person on an international voyage may on arrival be required to give a destination address in writing.
        Standard. In the Passenger List, public authorities shall not require more than thefollowing dataname and IMO number of ship call signflag State of ship voyage number family name give names nationalitydate of birth place of birth gendertype of identity documentserial number if identity or travel document issuing State of identity documentexpiry date of identity document port of embarkationport and date of arrival/departure of the ship transit passenger or not.
        Recommended Practice. A list compiled by the shipowners for their own useshould be accepted in place of the Passenger List, provided it contains at least the information required in accordance with Standard 2.7.3 and is dated and signed or authenticated in accordance with Standard 2.7.5.
        Standard. Public authorities shall accept that the Passenger List is either dated andsigned by the master, the ship’s agent or some other person duly authorized by the master, or authenticated in a manner acceptable to the public authority concerned.
      5. Standard. The Dangerous Goods Manifest shall be the basic document providing
      public authorities with the information regarding dangerous goods.
      2.8.1. Standard. In the Dangerous Goods Manifest public authorities shall not requiremore than the following information: name of shipIMO number call signflag State of ship port of loading port of discharge stowage position reference numbermarks and numbersfreight container identification No(s). vehicle registration No(s).UN Numberproper shipping name/(Technical Specifications) class/(subsidiary risk(s))packing groupadditional information/marine pollutant/flash point/etc. number and kind of packagesmass (kg) or volume (L)EmSshipping agent.
      1. Standard. Public authorities shall not require on arrival or departure of the ship anywritten declaration in respect of postal items other than that prescribed in the Universal Postal Convention, provided the latter is actually produced. In the absence of such a document, the postal objects (number and weight) must be shown in the Cargo Declaration.
      2. Standard. The Maritime Declaration of Health shall be the basic document
      containing the data required by port health authorities relating to the state of health on board a ship during the voyage and on arrival at a port.
      C.
      2.11.Documents on arrival
      Standard. Until the expiration of the transitional period referred to in Standard1.3ter, public authorities shall in respect of a ship’s arrival in port not require more than: 5 copies of the General Declaration4 copies of the Cargo Declaration4 copies of the Ship’s Stores Declaration 2 copies of the Crew’s Effects Declaration 4 copies of the Crew List4 copies of the Passenger List1 copy of the Dangerous Goods Manifest1 copy of the Maritime Declaration of Health1 copy of the security-related information as required under SOLAS regulation XI-2/9.2.21 copy of the Advanced Notification Form for Waste Delivery to Port Reception Facilities when communicated to the Organization.
      Upon expiration of the transitional period, paper copies shall not be required except in case of force majeure where means of electronic transmission are unavailable.
      D.
      2.12.Documents on departure
      Standard. Until the expiration of the transitional period referred to in Standard1.3ter, public authorities shall in respect of a ship’s departure from port not require more than: 5 copies of the General Declaration4 copies of the Cargo Declaration3 copies of the Ship’s Stores Declaration 2 copies of the Crew List
      2 copies of the Passenger List1 copy of the Dangerous Goods Manifest.
      Upon expiration of the transitional period, paper copies shall not be required except in case of force majeure where means of electronic transmission are unavailable.
      1. Standard. A new Cargo Declaration shall not be required on departure from a portin respect of cargo which has been the subject of a declaration on arrival in that port and which has remained on board.
      2. Recommended Practice. A separate Ship’s Stores Declaration on departure shouldnot be required in respect of ship’s stores which have been the subject of a declaration on arrival, nor in respect of stores shipped in the port and covered by another customs document presented for the purpose in that port.
      3. Standard. Where public authorities require information about the crew of a ship on
      its departure from the port, one of the copies of the Crew List presented on arrival at the port shall be accepted on departure, provided it is signed again by the master or an officer duly authorized by him/her, and endorsed or authenticated in a manner acceptable to the public authority concerned, to indicate any change in the number or composition of the crew at the time of the ship’s departure or to indicate that no such change has occurred during the ship’s stay in the port.
      2.13. E.2.14.Not in use.
      Consecutive calls at two or more ports in the same State
      Standard. Taking into account the procedures carried out on the arrival of a ship atthe first port of call in the territory of a State, shipowners shall only be obligated to submit required information once to the public authorities of a State. The formalities and documents required by the public authorities at any subsequent port of call in that country visited without intermediate call at a port in another country shall be kept to a minimum.
      F.
      2.15.Completion of documents
      Recommended Practice. Public authorities should as far as possible accept thedocuments provided for in this annex, except as regards Standard 3.7, irrespective of the language in which the required data is furnished thereon, provided that they may require a written or oral translation into one of the official languages of their country or of the Organization when they deem it necessary.
      1. Standard. If public authorities require documents in paper form, they shall acceptdocuments conveyed by any legible and understandable medium, including documents handwritten in ink or indelible pencil or produced by the use of information technology.
        Standard. Public authorities shall accept a signature, when required, in handwriting,in facsimile, perforated, stamped, in symbols, or made by any other mechanical or electronic means, if such acceptance is not inconsistent with national laws. The authentication of information submitted on non-paper media shall be in a manner that is acceptable to the public authority concerned and which facilitates the electronic submission of the information by the parties concerned irrespective of their residence.
      2. Standard. Public authorities of the country of any intended port of arrival,
      discharge, or transit shall not require any document relating to the ship, its cargo, stores, passengers or crew, as mentioned in this section, to be legalized, verified, authenticated, or previously dealt with by any of their representatives abroad. This shall not be deemed to preclude a requirement for the presentation of a passport or other identity document of a passenger or crew member for visa or similar purposes.
      G.
      2.18.Errors and amendments in documentation and penalties therefor
      Standard. Public authorities shall, without delaying the ship, allow correction oferrors in a document provided for in this annex which they are satisfied are inadvertent, not of a serious nature, not due to recurrent carelessness and not made with intent to violate laws or regulations, on the condition that these errors are discovered before the document is fully checked and the corrections can be effected without delay.
      1. Standard. If errors are found in the data transmitted as provided for in appendix 1of this annex, which have been signed by or on behalf of a shipowner or master, or otherwise authenticated, no penalties shall be imposed until an opportunity has been given to satisfy the public authorities that the errors were inadvertent, not of a serious nature, not due to recurrent carelessness and not made with intent to violate the laws or regulations of the port State.
        2.19bis.Standard. Public authorities shall allow for amendments to information alreadysubmitted in accordance with applicable laws and regulations.
        H. Special measures of facilitation for ships calling at ports in order to put ashoresick or injured crew members, passengers, persons rescued at sea or other persons for emergency medical treatment
      2. Standard. Public authorities shall seek the cooperation of shipowners to ensure that,when ships intend to call at ports for the sole purpose of putting ashore sick or injured crew members, passengers, persons rescued at sea, or other persons for emergency medical treatment, the master shall give the public authorities as much notice as possible of that intention, with the fullest possible details of the sickness or injury and of the identity of the persons.
      3. Standard. Public authorities shall, by the fastest channels available, inform themaster, before the arrival of the ship, of the documentation and the procedures necessary to put the sick or injured persons ashore expeditiously and to clear the ship without delay.
      4. Standard. With regard to ships calling at ports for this purpose and intending toleave again immediately, public authorities shall give priority in berthing if the state of the sick person or the sea conditions do not allow a safe disembarkation in the roads or harbour approaches.
      5. Standard. With regard to ships calling at ports for this purpose and intending toleave again immediately, public authorities shall not require the documents mentioned in Standard2.1 with the exception of the Maritime Declaration of Health, and, if it is indispensable, the General Declaration. Public authorities shall in such situations waive the time limits for the submission of the documents.
      6. Standard. Where public authorities require the General Declaration, this documentshall not contain more data than those mentioned in Recommended Practice 2.2.2 and, wherever possible, shall contain less.
      7. Standard. Where the public authorities apply control measures related to the arrivalof a ship prior to sick or injured persons being put ashore, emergency medical treatment and measures for the protection of public health shall take precedence over these control measures.
      8. Standard. Where the public authorities apply control measures related to the arrivalof a ship prior to sick or injured persons being put ashore, emergency medical treatment and measures for the protection of public health shall take precedence over these control measures.
      9. Standard. Emergency medical treatment and measures for the protection of public
      health shall take precedence over any control measures which public authorities may apply to sick or injured persons being put ashore.
      Section 3 – Arrival and departure of persons
      This section contains the provisions concerning the formalities required by public authorities from crew and passengers on the arrival or departure of a ship.
      A.
      3.1.Arrival and departure requirements and procedures
      Standard. A valid passport shall be the basic document providing public authoritieswith information relating to the individual passenger on arrival or departure of a ship.
      3.1.1. Recommended Practice. Contracting Governments should as far as possible agree,by bilateral or multilateral agreements, to accept official documents of identity in lieu of passports.
      1. Standard. Public authorities shall make arrangements whereby passports, or officialdocuments of identity accepted in their place, from ship’s passengers need be inspected by the immigration authorities only once at the time of arrival and once at the time of departure. In addition, these passports or official documents of identity may be required to be produced for the purpose of verification or identification in connection with customs and other formalities on arrival and departure.
      2. Standard. After individual presentation of passports or official documents ofidentity accepted in their place, public authorities shall hand back such documents immediately after examination rather than withholding them for the purpose of obtaining additional control, unless there is some obstacle to the admission of a passenger to the territory.
        Standard. Each Contracting Government shall ensure that the public authoritiesseize fraudulent, falsified or counterfeit travel documents of inadmissible persons. Such documents shall be removed from circulation and returned to the appropriate authorities when practicable. In place of a seized document, a covering letter shall be issued by the removing State and attached to it will be a photocopy of the forged travel documents, if available, as well as any important information. The covering letter and its attachment shall be handed over to the operator responsible for the removal of the inadmissible person. It will serve to give information to the authorities at the transit and/or the original point of embarkation.
        Standard. Contracting Governments shall accept for examination a person beingreturned from his/her point of disembarkation after having been found inadmissible if this person had embarked in their territory. Contracting Governments shall not return such a person to the country where he or she was earlier found to be inadmissible.
        Standard. Before passengers and crew are accepted for examination as to theiradmissibility into the State, responsibility for their custody and care shall remain with the shipowner.
        Recommended Practice. After acceptance of passengers and crew for examination,whether conditional or unconditional and if the persons concerned are under the physical control
        of the public authorities, the public authorities should be responsible for their custody and care until they are admitted for entry or are found to be inadmissible.
        Standard. The obligation of a shipowner to transport any person away from theterritory of a State shall terminate from the moment such a person has been definitely admitted into that State.
        Standard. Where a person is found to be inadmissible, the public authorities shall,without unreasonable delay, inform the shipowner and consult the shipowner regarding the arrangements for removal. The shipowner is responsible for the costs of stay and removal of an inadmissible person and, in the case where the person is transferred back to the custody of the shipowner, the shipowner shall be responsible for effecting his/her prompt removal to:the country of embarkation; orto any other place where the person is admissible.
        Standard. Contracting Governments and shipowners shall cooperate, wherepracticable, to establish the validity and authenticity of passports and visas.
      3. Recommended Practice. Public authorities should not require from embarking ordisembarking passengers, or from shipowners on their behalf, any information in writing supplementary to or repeating that already presented in their passports or official documents of identity, other than as necessary to complete any documents provided for in this annex.
      4. Recommended Practice. Public authorities which require written supplementaryinformation, other than as necessary to complete any documents provided for in this annex, from embarking or disembarking passengers should limit requirements for further identification of passengers to the items set forth in Recommended Practice 3.6 (embarkation/disembarkation card). Public authorities should accept the embarkation/disembarkation card when completed by the passenger and should not require that it be completed or checked by the shipowner. Legible handwritten script should be accepted on the card, except where the form specifies block lettering. One copy only of the embarkation/disembarkation card, which may include one or more simultaneously prepared carbon copies, should be required from each passenger.
      5. Recommended Practice. In the embarkation/disembarkation card, publicauthorities should not require more than the following information: family namegive names
        nationalitynumber and expiry date of passport or other official identity document date of birthplace of birthport of embarkation/disembarkation genderdestination address signature.
      6. Standard. In cases where evidence of protection against yellow fever is requiredfrom persons on board a ship, public authorities shall accept the International Certificate of Vaccination or Re-Vaccination in the forms provided for in the International Health Regulations.
      7. Recommended Practice. Medical examination of persons on board or of personsdisembarking from ships should normally be limited to those persons arriving from an area infected with quarantinable diseases within the incubation period of the disease concerned (as stated in the International Health Regulations). Additional medical examination may, however, be required in accordance with the International Health Regulations.
      8. Recommended Practice. Public authorities should normally perform customsinspections of inbound passengers’ accompanied baggage on a sampling or selective basis. Written declarations in respect of passengers’ accompanied baggage should be dispensed with as far as possible.
        Recommended Practice. Public authorities should, wherever possible, waiveinspections of accompanied baggage of departing passengers, with due regard to the possible need to impose appropriate security measures preferably by automated means to facilitate review.
        Recommended Practice. Where inspection of accompanied baggage of departingpassengers cannot be waived completely, such inspection should normally be performed on a sampling or selective basis.
      9. Standard. A passport or an identity document issued in accordance with relevant
      ILO Conventions, or else a valid and duly recognized seafarer’s identity document, shall be the basic document providing public authorities with information relating to the individual member of the crew on arrival or departure of a ship.
      1. Standard. In the seafarer’s identity document, public authorities shall not requiremore than the following information: family namegive names genderdate and place of birth nationalityphysical characteristics photograph (authenticated) signaturedate of expiry (if any) issuing public authority.
      2. Standard. When it is necessary for a seafarer to enter or leave a country as apassenger by any means of transportation for the purpose of:
        joining his/her ship or transferring to another ship,
        passing in transit to join his/her ship in another country, or for repatriation, or for any other purpose approved by the authorities of the country concerned,
        public authorities shall accept from that seafarer in place of a passport the valid seafarer’s identity document, when this document guarantees the readmission of the bearer to the country which issued the document.
      3. Recommended Practice. Public authorities should not normally require
      presentation of individual identity documents or of information supplementing the seafarer’s identity document in respect of members of the crew other than that given in the Crew List.
      B.
      3.11.Measures to facilitate clearance of passengers, crew and baggage
      Recommended Practice. Public authorities should, with the cooperation ofshipowners and port authorities and/or port administration, take appropriate measures to the end that satisfactory port traffic flow arrangements may be provided so that passengers, crew and baggage can be cleared rapidly, should provide adequate personnel, and should ensure that adequate installations are provided, particular attention being paid to baggage loading, unloading
      and conveyance arrangements (including the use of mechanized systems) and to points where passenger delays are frequently found to occur. Arrangements should be made, when necessary, for passage under shelter between the ship and the point where the passenger and crew check is to be made. Such arrangements and installations should be flexible and capable of expansion to meet increased security measures during higher security levels.
      3.11.1.(a)Recommended Practice. Public authorities should:in cooperation with shipowners and port authorities, introduce suitable arrangements, such as:
      1. an individual and continuous method of processing passengers and baggage;
      2. a system which would permit passengers readily to identify and obtain their checked baggage as soon as it is placed in an area where it may be claimed; and
      3. ensuring that facilities and services are available to meet the needs of elderly and disabled passengers;
    2. ensure that port authorities take all necessary measures so that:
      1. easy and speedy access for passengers and their baggage, to and from local transport, is provided; and
      2. if crews are required to report to premises for governmental purposes, those premises should be readily accessible, and as close to one another as practicable.
3.11.2. Recommended Practice. Public authorities should consider, as a means of ensuringprompt clearance, the introduction of the dual-channel system for the clearance of passengers, and their baggage and private road vehicles.
1. Standard. Public authorities shall require that shipowners ensure that ship’spersonnel take all appropriate measures which will help expedite arrival procedures for passengers and crew. These measures may include:
  1. furnishing public authorities concerned with an advance message giving the best estimated time of arrival, followed by information as to any change in time, and stating the itinerary of the voyage where this may affect inspection requirements;
  2. having ship’s documents ready for prompt review;
(c)
(d)
3.13.providing for ladders or other means of boarding to be rigged while the ship is en route to berth or anchorage; andproviding for prompt, orderly assembling and presentation of persons on board, with necessary documents, for inspection, with attention to arrangements for relieving crew members for this purpose from essential duties in engine-rooms and elsewhere.
Recommended Practice. The practice of entering names on passenger and crewdocuments should be to put the family name or names first. Where both paternal and maternal family names are used, the paternal family name should be placed first. Where for married women both the husband’s and wife’s paternal family names are used, the husband’s paternal family name should be placed first.
1. Standard. Public authorities shall, without unreasonable delay, accept personspresent on board a ship for examination as to their admissibility into the State.
2. Recommended Practice. Public authorities should not impose unreasonable ordisproportionate fines upon shipowners, in the event that any control document in possession of a passenger is found by public authorities to be inadequate, or if, for that reason, the passenger is found to be inadmissible to the State.
  1. Standard. Public authorities shall encourage shipowners to take precautions at thepoint of embarkation with a view to ensuring that passengers are in possession of any control documents prescribed by the receiving or transit States.
  2. Standard. When a person is found to be inadmissible and is removed from theterritory of the State, the shipowner shall not be precluded from recovering, from such a person, any costs arising from his/her inadmissibility.
  3. Recommended Practice. For use at marine terminals and on board ships in order
to facilitate and expedite international maritime traffic, public authorities should implement or, where the matter does not come within their jurisdiction, recommend responsible parties in their country to implement standardized international signs and symbols developed or accepted by the Organization in cooperation with other appropriate international organizations and which, to the greatest extent practicable, are common to all modes of transport.
Special facilities for marine transport of elderly and disabled passengers

Recommended Practice. Measures should be taken to ensure that all necessaryinformation on transport and safety is readily available for passengers who have impaired hearing or vision.
Recommended Practice. For elderly and disabled passengers being set down orpicked up at a terminal building, reserved points should be located as close as possible to main entrances. These should be clearly marked with appropriate signs. Access routes should be free of obstacles.
Recommended Practice. Where access to public services is limited, every effortshould be made to provide accessible and reasonably priced public transportation services by adapting current and planned services or by providing special arrangements for passengers who have impaired mobility.
Recommended Practice. Provisions of suitable facilities should be made in

terminals and on ships, as appropriate, to allow safe embarkation and disembarkation for elderly and disabled passengers.

3.20.

Facilitation for ships engaged on cruises and for cruise passengers

Standard. Public authorities shall authorize granting of pratique by electronic

means to a cruise ship when, on the basis of information received from it prior to its arrival, the health authority for the intended port of arrival is of the opinion that its arrival will not result in the introduction or spread of a quarantinable disease.

Recommended Practice. For cruise ships, the General Declaration, the PassengerList and the Crew List should be required only at the first port of arrival and final port of departure in a country, provided that there has been no change in the circumstances of the voyage.
Standard. For cruise ships, the Ship’s Stores Declaration and the Crew’s EffectsDeclaration shall be required only at the first port of arrival in a country.
Standard. Passports or other official documents of identity shall at all times remainin the possession of cruise passengers.
Recommended Practice. If a cruise ship stays at any port within the ContractingGovernment’s territory for less than 72 hours, it should not be necessary for cruise passengers to have visas, except in special circumstances determined by the public authorities concerned.
Standard. Cruise passengers shall not be unduly delayed by the control measuresexercised by public authorities.
Standard. In general, except for security purposes and for the purposes ofestablishing identity and admissibility, cruise passengers shall not be subject to personal examination by public authorities responsible for immigration control.
Standard. If a cruise ship calls consecutively at more than one port in the samecountry, passengers shall, in general, be examined by public authorities at the first port of arrival and at the final port of departure only.
Recommended Practice. To facilitate their prompt disembarkation, the inwardcontrol of passengers on a cruise ship, where practicable, should be carried out on board before arrival at the place of disembarkation.
Recommended Practice. Cruise passengers who disembark at one port and rejointhe same ship at another port in the same country should enjoy the same facilities as passengers who disembark and rejoin a cruise ship at the same port.
Recommended Practice. The Maritime Declaration of Health should be the onlyhealth control necessary for cruise passengers.
Standard. Duty-free ship’s stores shall be allowed aboard ship for cruise passengersduring the ship’s stay in port.
Standard. Cruise passengers shall not normally be required to provide a written

declaration for their personal effects. However, in the case of articles which involve a high amount of customs duties and other taxes and charges, a written declaration and a security may be required.

3.33.

control.

Recommended Practice. Cruise passengers should not be subject to any currency

3.34.

passengers.

Standard. Embarkation/disembarkation cards shall not be necessary for cruise

3.35. E.

Not in use.

Special measures of facilitation for passengers in transit

Standard. A passenger in transit who remains on board the ship on which he or shearrived and departs with it shall not normally be subjected to routine control by public authorities except in extraordinary circumstances determined by the public authorities concerned.
Recommended Practice. A passenger in transit should be allowed to retain his/herpassport or other identity document.
Recommended Practice. A passenger in transit who remains on board the ship onwhich he or she arrived and departs with it should not be required to complete a disembarkation/ embarkation card.
Recommended Practice. A passenger in transit who is continuing his/her journeyfrom the same port in the same ship should normally be granted temporary permission to go ashore during the ship’s stay in port if he/she so wishes subject to the public authorities’ admissibility and visa requirements.
Recommended Practice. A passenger in transit who is continuing his/her journeyfrom the same port in the same ship should not be required to have a visa, except in special circumstances determined by the public authorities concerned.
Recommended Practice. A passenger in transit who is continuing his/her journeyfrom the same port in the same ship should not normally be required to give a written Customs Declaration.
Recommended Practice. A passenger in transit who leaves the ship at one port and

embarks in the same ship at a different port in the same country should enjoy the same facilities as a passenger who arrives and departs in the same ship at the same port.

3.43.

Measures of facilitation for ships engaged in scientific services

Recommended Practice. A ship engaged in scientific services carries personnel

who are necessarily engaged on the ship for such scientific purposes of the voyage. If so identified, such personnel should be granted facilities at least as favourable as those granted to the crew members of that ship.

G. Further measures of facilitation for foreigners belonging to the crews of ships

engaged in international voyages – shore leave

3.44. Standard. Crew members shall be allowed ashore by the public authorities while

the ship on which they arrive is in port, provided that the formalities on arrival of the ship have

been fulfilled and the public authorities have no reason to refuse permission to come ashore for reasons of public health, public safety or public order. Shore leave shall be allowed in a manner which excludes discrimination such as on the grounds of nationality, race, colour, sex, religion, political opinion, or social origin and irrespective of the flag State of the ship on which they are employed, engaged or work.

3.44bis.

Standard. In any case where permission for shore leave has been refused, the

relevant public authorities shall communicate their reasons for shore leave denial to the seafarer concerned and the master. If requested by the seafarer concerned or the master, such reasons shall be provided in writing.

3.45.

shore leave.

Standard. Crew members shall not be required to hold a visa for the purpose of

Recommended Practice. Crew members, before going on or returning from shoreleave, should not normally be subjected to personal checks.
Standard. Crew members shall not be required to have a special permit, e.g. a shoreleave pass, for the purpose of shore leave.
Recommended Practice. If crew members are required to carry documents ofidentity with them when they are on shore leave, these documents should be limited to those mentioned in Standard 3.10.
Recommended Practice. Public authorities should provide a system of pre-arrival

clearance to allow the crew of ships which call regularly at their ports to obtain advance approval for temporary shore leave. Where a ship has no adverse immigration record and is locally represented by a shipowner or a reputable agent of the shipowner, the public authorities should normally, after satisfactory consideration of such pre-arrival particulars as they may require, permit the ship to proceed directly to its berth and be subject to no further routine immigration formalities, unless otherwise required by the public authorities.

Section 4 – Stowaways

4.1.

General Principles

Standard. The provisions in this section shall be applied in accordance with

international protection principles as set out in international instruments, such as the UN Convention relating to the Status of Refugees of 28 July 1951 and the UN Protocol relating to the Status of Refugees of 31 January 1967, and relevant national legislation.

4.2. Standard. Public authorities, port authorities, shipowners and masters shall

cooperate to the fullest extent possible in order to prevent stowaway incidents and to resolve stowaway cases expeditiously and secure that an early return or repatriation of the stowaway will take place. All appropriate measures shall be taken in order to avoid situations where stowaways must stay on board ships for an unreasonable amount of time.

B. 4.3.

4.3.1.

4.3.1.1.

Preventive measures Ship/Port preventive measures Port/terminal authorities

Standard. Contracting Governments shall ensure that the necessary infrastructure,

and operational and security arrangements for the purpose of preventing persons attempting to stowaway on board ships from gaining access to port installations and to ships, are established in all their ports, taking into consideration when developing these arrangements the size of the port, and what type of cargo is shipped from the port. This should be done in close cooperation with relevant public authorities, shipowners and shoreside entities, with the aim of preventing stowaway occurrences in the individual port.

4.3.1.2. Recommended Practice. Operational arrangements and/or port facility security

plans should at least be equivalent to those contained in the relevant text of section B/16 of the ISPS Code.

4.3.2.

4.3.2.1.

Shipowner/Master

Standard. Contracting Governments shall require that shipowners and masters, as

well as other responsible persons have security arrangements in place which, as far as practicable, will prevent intending stowaways from getting aboard the ship, and, if this fails, as far as practicable, will detect them before the ship leaves port.

Recommended Practice. When calling at ports and during stay in ports, where thereis risk of stowaway embarkation, operational arrangements and/or ship security plans should at least be equivalent to those contained in the relevant text of paragraph B/9 of the ISPS Code.
Standard. Contracting Governments shall require that ships entitled to fly their flag,except passenger ships, when departing from a port, where there is risk of stowaway embarkation, have undergone a thorough search in accordance with a specific plan or schedule, and with priorities given to places where stowaways might hide taking into account the specific ship type and its operations. Search methods which are likely to harm secreted stowaways shall not be used.
Standard. Contracting Governments shall require that fumigation or sealing of

ships entitled to fly their flag may not be carried out until a search which is as thorough as practicable of the areas to be fumigated or sealed has taken place in order to ensure that no stowaways are present in those areas.

4.3.3.

4.3.3.1.

National Sanctions

Standard. Where appropriate, Contracting Governments shall incorporate into their

national legislation legal grounds to allow prosecution of stowaways, attempted stowaways and any individual or company aiding a stowaway or an attempted stowaway with the intention to facilitate access to the port area, any ship, cargo or freight containers.

C. 4.4.

4.4.1.

Treatment of the stowaway while on board General principles – Humane treatment

Standard. Stowaways shall not be permitted to work on board the ship, except in

emergency situations or in relation to the stowaway’s accommodation and provisioning on board.

4.4.2. Standard. Contracting Governments shall require that masters operating ships

entitled to fly their flag take appropriate measures to ensure the security, general health, welfare and safety of the stowaway while he/she is on board, including providing him/her with adequate provisioning, accommodation, proper medical attention and sanitary facilities.

4.5.

4.5.1.

Work on board

Standard. Stowaways shall not be permitted to work on board the ship, except in

emergency situations or in relation to the stowaway’s accommodation and provisioning on board.

4.6.

4.6.1.

Questioning and notification by the master

Standard. Contracting Governments shall require masters to take practicable steps

to establish the identity, including nationality/citizenship of the stowaway and the port of embarkation of the stowaway, and to notify the existence of the stowaway along with relevant details to the public authorities of the first planned port of call. This information shall also be provided to the shipowner, public authorities at the port of embarkation, the flag State and, if necessary, subsequent ports of call.

Recommended Practice. When gathering relevant details for notification, mastersshould use the form as specified in appendix 3.
Standard. Contracting Governments shall instruct masters operating ships entitled

to fly their flag that when a stowaway declares himself/herself to be a refugee, this information shall be treated as confidential to the extent necessary for the security of the stowaway.

4.7.

4.7.1.

Notification to the International Maritime Organization

Standard. Public authorities shall report all stowaway incidents of which they

become aware to the Secretary-General of the International Maritime Organization.

4.8.

Deviation from the planned route

Standard. Public authorities shall urge all shipowners operating ships entitled to

fly their flag to instruct their masters not to deviate from the planned voyage to seek the disembarkation of stowaways discovered on board the ship after it has left the territorial waters of the country where the stowaways embarked, unless:

permission to disembark the stowaway has been granted by the public authorities of the State to whose port the ship deviates; or

repatriation has been arranged elsewhere with sufficient documentation and permission for disembarkation; or

there are extenuating safety, security, health or compassionate reasons; or

attempts to disembark in other ports on the planned voyage have failed and deviation is necessary in order to avoid that the stowaway remain on board for a significant period of time.

E. 4.9.

4.9.1.

Disembarkation and return of a stowaway

The State of the first port of call according to the voyage plan

Standard. Public authorities in the country of the ship’s first scheduled port of call

after discovery of a stowaway shall decide in accordance with national legislation whether the stowaway is admissible to that State and shall do their utmost to cooperate with the parties involved in resolving the issue.

Standard. Public authorities in the country of the ship’s first scheduled port of callafter discovery of a stowaway shall allow disembarkation of the stowaway, when the stowaway is in possession of valid travel documents for return, and the public authorities are satisfied that timely arrangements have been or will be made for repatriation and all the requisites for transit fulfilled.
Standard. Public authorities in the country of the ship’s first scheduled port of call

after discovery of a stowaway shall allow disembarkation of the stowaway when the public authorities are satisfied that they or the shipowner will obtain valid travel documents, make timely arrangements for repatriation of the stowaway, and fulfil all the requisites for transit. Public authorities shall, further, favourably consider allowing disembarkation of the stowaway, when it is impracticable for the stowaway to remain on the ship or other factors exist which would preclude the stowaway remaining on the ship. Such factors may include, but are not limited to, when:

a case is unresolved at the time of sailing of the ship; or

the presence on board of the stowaway would endanger the safe operation of the ship, the health of the crew or the stowaway.

4.10.

4.9.1.

Subsequent ports of call

Standard. When disembarkation of a stowaway has failed in the first scheduled port

of call after discovery of the stowaway, public authorities of subsequent ports of call shall examine the stowaway as for disembarkation in accordance with Standards 4.9.1, 4.9.2 and 4.9.3.

4.11.

4.11.1.

State of Nationality or Right of Residence

Standard. Public authorities shall in accordance with international law accept the

return of stowaways with full nationality/citizenship status or accept the return of stowaways who in accordance with their national legislation have a right of residence in their State.

4.11.2. Standard. Public authorities shall, when possible, assist in determining the identity

and nationality/citizenship of stowaways claiming to be a national or having a right of residence in their State. Where possible, the local embassy, consulate or other diplomatic representation of the country of the stowaway’s nationality will be required to assist in verifying the stowaway’s nationality and providing emergency travel documentation.

4.12.

4.12.1.

State of Embarkation

Standard. When it has been established to their satisfaction that stowaways have

embarked a ship in a port in their State, public authorities shall accept for examination such stowaways being returned from their point of disembarkation after having been found inadmissible there. The public authorities of the State of embarkation shall not return such stowaways to the country where they were earlier found to be inadmissible.

Standard. When it has been established to their satisfaction that attemptedstowaways have embarked a ship in a port in their State, public authorities shall accept disembarkation of attempted stowaways, and of stowaways found on board the ship while it is still in their territorial waters or if applicable according to the national legislation of that State in the area of immigration jurisdiction of that State. No penalty or charge in respect of detention or removal costs shall be imposed on the shipowner.
Standard. When an attempted stowaway has not been disembarked at the port of

embarkation, he/she is to be treated as a stowaway in accordance with the regulation of this section.

4.13.

4.13.1.

The flag State

Standard. The public authorities of the flag State of the ship shall assist and

cooperate with the master/shipowner or the appropriate public authority at ports of call in: identifying the stowaway and determining his/her nationality;

making representations to the relevant public authority to assist in the removal of the stowaway from the ship at the first available opportunity; and

making arrangements for the removal or repatriation of the stowaway.

4.14.

4.14.1.

Return of stowaways

Recommended Practice. When a stowaway has inadequate documents, public

authorities should, whenever practicable and to an extent compatible with national legislation and security requirements, issue a covering letter with a photograph of the stowaway and any other important information or, alternatively, a suitable travel document accepted by the public authorities involved. The covering letter, authorizing the return of the stowaway either to his/her country of origin or to the point where the stowaway commenced his/her journey, as appropriate, by any means of transportation and specifying any other conditions imposed by the authorities, should be handed over to the operator affecting the removal of the stowaway. This letter will include information required by the authorities at transit points and/or the point of disembarkation.

Recommended Practice. Public authorities in the State where the stowaway hasdisembarked should contact the relevant public authorities at transit points during the return of a stowaway, in order to inform them of the status of the stowaway. In addition public authorities in countries of transit during the return of any stowaway should allow, subject to normal visa requirements and national security concerns, the transit through their ports and airports of
stowaways travelling under the removal instructions or directions of public authorities of the country of the port of disembarkation.
Recommended Practice. When a port State has refused disembarkation of a

stowaway, that State should, without undue delay, notify the flag State of the ship carrying the stowaway of the reasons for refusing disembarkation.

4.15.

4.15.1.

Cost of return and maintenance of stowaways

Recommended Practice. The public authorities of the State where a stowaway has

been disembarked should generally inform the shipowner on whose ship the stowaway was found, as far as practicable, of the level of cost of detention and return and any additional costs for the documentation of the stowaway, if the shipowner is to cover these costs. In addition, public authorities should cooperate with the shipowner to keep such costs to a minimum as far as practicable and according to national legislation, if they are to be covered by the shipowner.

Recommended Practice. The period during which shipowners are held liable todefray costs of maintenance of a stowaway by public authorities in the State where the stowaway has been disembarked should be kept to a minimum.
Standard. Public authorities shall, according to national legislation, considermitigation of penalties against ships where the master of the ship has properly declared the existence of a stowaway to the appropriate authorities in the port of arrival, and has shown that all reasonable preventive measures had been taken to prevent stowaways gaining access to the ship.
Recommended Practice. Public authorities should, according to national

legislation, consider mitigation of other charges that might otherwise be applicable, when shipowners have cooperated with the control authorities to the satisfaction of those authorities in measures designed to prevent the transportation of stowaways.

Section 5 – Arrival, stay and departure of cargo and other articles

This section contains the provisions concerning the formalities required by public authorities from the shipowner, his/her agent or the master of the ship.

5.1.

General

Recommended Practice. Public authorities should, with the cooperation of

shipowners, port authorities and port facilities and terminals, take appropriate measures to ensure

that port time may be kept to a minimum, should provide satisfactory port traffic flow arrangements, and should frequently review all procedures in connection with the arrival and departure of ships, including arrangements for embarkation and disembarkation, loading and unloading, servicing and the like and the security measures associated therewith. They should also make arrangements whereby cargo ships and their loads can be entered and cleared, in so far as may be practicable, at the ship working area.

Recommended Practice. Public authorities should, with the cooperation ofshipowners, port authorities and port facilities and terminals, take appropriate measures to ensure that satisfactory port traffic flow arrangements are provided so that handling and clearance procedures for cargo will be smooth and uncomplicated. These arrangements should cover all phases from the time the ship arrives at the dock for unloading and public authority clearance, and also free zones, storage facilities, warehousing and onward movement of cargo if required. There should be convenient and direct access between the free zone, storage facilities and cargo warehouse and the public authority clearance area, which should be located close to the dock area with, whenever possible, easy access and transfer capabilities and infrastructure.
Recommended Practice. Public authorities should encourage owners and/oroperators of marine cargo terminals to equip them with storage facilities for special cargo (e.g. valuable goods, perishable shipments, human remains, radioactive and other dangerous goods, as well as live animals), as appropriate; those areas of marine cargo terminals in which general and special cargo and postal items are stored prior to shipment by sea or importation should implement access control measures at least equivalent to those contained in the relevant text of paragraph B/16 of the ISPS Code.
5.3bis.Recommended Practice. Public authorities should require only a minimum of datanecessary for the identification of the cargo that is to be placed in storage prior to release or re- export or importation, and should, whenever available, use the information contained in the pre- arrival declaration for this purpose.
Standard. A Contracting Government which continues to require export, importand transhipment licences or permits for certain types of goods shall establish simple procedures whereby such licences or permits can be obtained and renewed rapidly.
Recommended Practice. When the nature of a consignment could attract theattention of different agencies authorized to carry out inspections, such as customs and veterinary or sanitary controllers, Contracting Governments should authorize either customs or one of the other agencies to carry out the required procedures or, where that is not feasible, take all necessary steps to ensure that such inspections are carried out simultaneously at one place and with a
minimum of delay and whenever possible carried out upon prior coordination with the party having custody of the consignment.
Recommended Practice. Public authorities should provide simplified procedures

for the prompt clearance of private gift packages and trade samples not exceeding a certain value or quantity which should be set at as high a level as possible.

5.7.

Clearance of cargo

Standard. Public authorities shall, subject to compliance with any national

prohibitions or restrictions and any measures required for port security or the prevention of trafficking of narcotics, grant priority clearance to live animals, perishable goods and other consignments of an urgent nature.

5.7.1. Recommended Practice. In order to protect the quality of goods awaiting clearance,

public authorities should, in collaboration with all the concerned parties, take all measures to permit practical, safe and reliable storage of goods at the port.

Recommended Practice. Contracting Governments should facilitate the temporaryadmission of specialized cargo-handling equipment arriving by ships and used on shore at ports of call for loading, unloading and handling cargo.
Not in use.
Recommended Practice. Public authorities should provide procedures for theclearance of cargo based on the relevant provisions of and associated guidelines to the International Convention on the simplification and harmonization of Customs procedures – the revised Kyoto Convention.
1. Recommended Practice. Public authorities should introduce simplified proceduresfor authorized persons allowing:
  1. release of the goods on the provision of the minimum information necessary to identify the goods, to accurately identify and assess risk as it relates to concerns such as health, safety and security, and permit the subsequent completion of the final goods declaration;
  2. clearance of the goods at the declarants premises or another place authorized by the relevant public authority; and

(c)

5.11.

submission of a single goods declaration for all imports or exports in a given period where goods are imported or exported frequently by the same person.

Standard. Public authorities shall limit physical interventions to the minimum

necessary to ensure compliance with applicable law.

Recommended Practice. Public authorities should, on the basis of a valid request,conduct physical examinations of cargo, where necessary, at the point where it is loaded into its means of transport and while loading is in progress, either at the dockside or, in the case of unitized cargo, at the place where the freight container is packed and sealed.
Standard. Public authorities shall ensure that requirements for collection ofstatistics do not significantly reduce the efficiency of maritime trade.
Recommended Practice. Public authorities should use systems for the electronicexchange of information for the purposes of obtaining information in order to accelerate and simplify storage, clearance and re-export processes.
1. Recommended Practice. Public authorities should quickly terminate the transit

procedure covering goods from another State awaiting loading.

5.15.

Freight containers and pallets

Standard. Public authorities shall, in conformity with their respective regulations,

permit the temporary admission of freight containers, pallets and freight container equipment and accessories that are affixed to the container or are being transported separately without payment of customs duties and other taxes and charges and shall facilitate their use in maritime traffic.

Recommended Practice. Public authorities should provide in their regulations,referred to in Standard 5.15, for the acceptance of a simple declaration to the effect that temporarily imported freight containers, pallets and freight container equipment and accessories will be re-exported within the time limit set by the State concerned. Such declaration may take the form of an oral declaration or any other act acceptable to the authorities.
Standard. Public authorities shall permit freight containers, pallets and freightcontainer equipment and accessories entering the territory of a State under the provisions of Standard 5.15 to depart the limits of the port of arrival for clearance of imported cargo and/or loading of export cargo under simplified control procedures and with a minimum of documentation.
Standard. Contracting Governments shall permit the temporary admission of

component parts of freight containers without payment of customs duties and other taxes and charges when these parts are needed for the repair of freight containers already admitted under the terms of Standard 5.15.

5.19.

Cargo not discharged at the port of intended destination

Standard. Where any cargo listed on the Cargo Declaration is not discharged at the

port of intended destination, public authorities shall permit amendment of the Cargo Declaration and shall not impose penalties if satisfied that the cargo was not in fact loaded on the ship, or, if loaded, was landed at another port.

5.20. Standard. When, by error or for another valid reason, any cargo is discharged at a

port other than the port of intended destination, public authorities shall facilitate reloading or onward movement to its intended destination. This provision does not apply to prohibited or restricted cargo.

5.21.

Limitation of shipowner’s responsibilities

Standard. Public authorities shall not require a shipowner to place special

information for use of such authorities on a transport document or a copy thereof, unless the shipowner is, or is acting for, the importer or exporter.

Standard. Public authorities shall not hold the shipowner responsible for thepresentation or accuracy of documents which are required of the importer or exporter in connection with the clearance of cargo, unless the shipowner is, or is acting for, the importer or exporter.
Standard. The shipowner shall be obliged to provide the information regarding theentry or exit of goods known to the shipowner at the time of lodging such data and as set out in the transport document that evidences the bill of lading. Thus, the shipowner can base the lodgement on data provided by the shipper customer, unless the shipowner has reason to believe that the data provided is untrue.
Recommended Practice. Public authorities should implement regulations pursuant

to which the person who initiates and contractually agrees with a party (e.g. a consolidator, a freight forwarder or a shipowner) for the carriage of a maritime cargo shipment to the territory of another State must provide complete and accurate cargo shipment information to that party.

Section 6 – Public health and quarantine, including sanitary measures for animals and plants

Standard. Public authorities of a State not Party to the International HealthRegulations shall endeavour to apply the relevant provisions for these Regulations to international shipping.
Recommended Practice. Contracting Governments having certain interests incommon owing to their health, geographical, social or economic conditions should conclude special arrangements pursuant to article 85 of the International Health Regulations when such arrangements will facilitate the application of those Regulations.
Recommended Practice. Where Sanitary Certificates or similar documents arerequired in respect of shipments of certain animals, plants or products thereof, such certificates and documents should be simple and widely publicized and Contracting Governments should cooperate with a view to standardizing such requirements.
Recommended Practice. Public authorities should authorize granting of pratiqueby electronic means to a ship when, on the basis of information received from it prior to its arrival, the health authority for the intended port of arrival is of the opinion that its arrival will not result in the introduction or spread of a quarantinable disease. Health authorities should as far as practicable be allowed to join a ship prior to entry of the ship into port.
1. Standard. Public authorities shall seek the cooperation of shipowners to ensurecompliance with any requirement that illness on a ship is to be reported promptly by electronic means to health authorities for the port for which the ship is destined, in order to facilitate provision for the presence of any special medical personnel and equipment necessary for health procedures on arrival.
Standard. Public authorities shall make arrangements to enable all travel agenciesand others concerned to make available to passengers, sufficiently in advance of departure, lists of the vaccinations required by the public authorities of the countries concerned, as well as vaccination certificate forms conforming to the International Health Regulations. Public authorities shall take all possible measures to have vaccinators use the International Certificates of Vaccination or Re-Vaccination in order to assure uniform acceptance.
Recommended Practice. Public authorities should provide facilities for thecompletion of International Certificates of Vaccination or Re-Vaccination as well as facilities for vaccination at as many ports as feasible.
Standard. Public authorities shall ensure that sanitary measures and healthformalities are initiated forthwith, completed without delay, and applied without discrimination.
Recommended Practice. To ensure, inter alia, efficient maritime traffic, publicauthorities should maintain at as many ports as feasible adequate facilities for the administration of public health, animal and agricultural quarantine measures.
Standard. There shall be maintained readily available at as many ports in a Stateas feasible such medical facilities as may be reasonable and practicable for the emergency treatment of crews and passengers.
Standard. Except in the case of an emergency constituting a grave danger to publichealth, a ship which is not infected or suspected of being infected with a quarantinable disease shall not, on account of any other epidemic disease, be prevented by the health authorities for a port from discharging or loading cargo or stores or taking on fuel or water.
Recommended Practice. Shipments of animals, animal raw materials, crude animal

products, animal foodstuffs and quarantinable plant products should be permitted in specified circumstances and when the certification requirements have been met at the time of discharge.

Section 7- Miscellaneous provisions

7.1.

Bonds and other forms of security

Recommended Practice. Where public authorities require bonds or other forms of

security from shipowners to cover liabilities under the customs, immigration, public health, agricultural quarantine or similar laws and regulations of a State, they should permit the use of a single comprehensive bond or other form of security wherever possible.

7.2.

Services at ports

Recommended Practice. The normal services of public authorities at a port should

be provided without charge during normal working hours. Public authorities should establish normal working hours for their services at ports consistent with the usual periods of substantial workload.

Standard. Contracting Governments shall adopt all practicable measures toorganize the normal services of public authorities at ports in order to avoid unnecessary delay of ships after their arrival or when ready to depart and reduce the time for completion of formalities
to a minimum, provided that sufficient notice of estimated time of arrival or departure shall be given to the public authorities.
Standard. No charge shall be made by a health authority for any medicalexamination, or any supplementary examination, whether bacteriological or otherwise, carried out at any time of the day or night, if such examination is required to ascertain the health of the person examined, nor for visit to and inspection of a ship for quarantine purposes except inspection of a ship for the issue of a Ship Sanitation Control Certificate or Ship Sanitation Control Exemption Certificate, nor shall a charge be made for any vaccination of a person arriving by ship nor for a certificate thereof. However, where measures other than these are necessary in respect of a ship or its passengers or crew and charges are made for them by a health authority, such charges shall be made in accordance with a single tariff which shall be uniform to the territory concerned and they shall be levied without distinction as to the nationality, domicile or residence of any person concerned or as to the nationality, flag, registry or ownership of the ship.
Recommended Practice. When the services of public authorities are providedoutside the regular working hours referred to in Recommended Practice 7.2, they should be provided on terms which shall be moderate and not exceed the actual cost of the services rendered.
Standard. Where the volume of traffic at a port warrants, public authorities shallensure that services are provided for the accomplishment of the formalities in respect of cargo and baggage, regardless of value or type.
Recommended Practice. Contracting Governments should endeavour to make

arrangements whereby one Government will permit another Government certain facilities before or during the voyage to examine ships, passengers, crew, baggage, cargo and documentation for customs, immigration, public health, plant and animal quarantine purposes when such action will facilitate clearance upon arrival in the latter State.

7.8.

engaged in

Emergency assistance

Standard. Public authorities shall facilitate the arrival and departure of ships

disaster relief work;

the rescue of persons in distress at sea in order to provide a place of safety for such persons;

the combating or prevention of marine pollution; or

other emergency operations designated to enhance maritime safety, the safety of life at sea, the safety of the population or the protection of the marine environment.

Standard. Public authorities shall, to the greatest extent possible, facilitate the entryand clearance of persons, cargo, material and equipment required to deal with situations described in Standard 7.8.
Standard. Public authorities shall grant prompt customs clearance of specialized

equipment needed to implement security measures.

7.11.

National facilitation committees

Recommended Practice. Each Contracting Government should consider

establishing, in close cooperation with the maritime industry, a national maritime transport facilitation programme based on the facilitation requirements of this annex and ensure that the objective of its facilitation programme should be to adopt all practical measures to facilitate the movement of ships, cargo, crews, passengers, mail and stores, by removing unnecessary obstacles and delays.

7.12. Recommended Practice. Each Contracting Government should establish a national

maritime transport facilitation Committee or a similar national coordinating body, for the encouragement of the adoption and implementation of facilitation measures, between governmental departments, agencies and other organizations concerned with, or responsible for, various aspects of international maritime traffic, as well as port authorities, port facilities and terminals and shipowners.

Gazette December 29 2021 – Part A Act 28-35

BARBADOS

2021-28

[Commencement: by Proclamation]

1.

4.(1)

5. Where the prosecutor and an alleged offender enter into a remediation

6.(1)

7.(1)

9.(1)

13.(1)

14.(1)

15. The High Court may order that the publication of information by the

16.(1)

23.(1)

BARBADOS

2021-29

[Commencement: by Proclamation]

4.(1)

9.(1)

10.(1)

11.(1)

12.(1)

13.(1)

15.(1)

16.(1)

17. Where a whistleblower suffers detrimental action at or around the

18.(1)

19.(1)

20.(1)

21.(1)

25.(1)

BARBADOS

2021-30

[Commencement: by Proclamation]

3.(1)

6.(1)

8.(1)

9.(1)

10.(1)

11.

12.

13.(1)

17.(1)

19.(1)

20.(1)

22.(1)

23.(1)

25. A procuring entity may request separately sealed technical and

26.(1)

27.(1)

28.(1)

30.(1)

31.(1)

32.(1)

33.(1)

34.(1)

35.(1)

36.(1)

37.(1)

38.(1)

39.(1)

40.(1)

41.(1)

42.(1)

43.(1)

44.(1)

48.(1)

49.(1)

51.(1)

53.(1)

54. Notwithstanding section 16(1) and (2), where a procuring entity